HomeMy Public PortalAboutMIN-CC-2018-08-28
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August 28, 2018
MOAB CITY COUNCIL MINUTES
REGULAR CITY COUNCIL MEETING
AUGUST 28, 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, Police Chief Jim Winder, Deputy Treasurer Chantal Lindsay, Sustainability
Director Rosemarie Russo, City Engineer Chuck Williams and Records Specialist Eve Tallman.
Workshop: Mayor Niehaus called the workshop to order at 5:30 PM. The workshop began
with a discussion regarding the City’s park policies. Councilmember Derasary brought up
concerns regarding cumulative impacts of events. It was agreed that capacity issues caused by
special events will be discussed at a future meeting. Councilmembers discussed whether all
parks are available for special events, which criteria exist for reservations, 10:00 PM park
closure and noise curfew, and concerns about amplified sound. Council also discussed whether
parks may be used for conducting private business including teaching classes, performing a play,
or other commercial activities. Specific parks were briefly covered, including the possibility of
allowing dogs at Lions Park on leash. Councilmember Jones suggested establishing rules for
dogs on an experimental basis, and added that ballfields might also be potential dog areas.
Jones also mentioned including only the pavilion area as reservable at Lions Park.
The workshop continued with an initial briefing regarding the creation of a Community
Reinvestment Agency around the future Utah State University (USU) Campus. City Attorney
McAnany introduced the proposed agreement which will create a financing mechanism for
community development from an incremental property tax. He also pointed out the City is
participating in the USU campus development in other ways. Grand County Community and
Economic Development Director Zacharia Levine answered questions from the Council on the
taxing mechanism and bonding implications and other matters regarding the City’s authority,
for what purpose revenues may be used, and requirements for affordable housing. Questions
were raised by Councilmembers Jones and Duncan about proposed subdivisions. Levine
explained the proposed makeup of mixed uses designed to generate revenues and concluded
with an overview of the upcoming timeline for the project and interlocal agreement.
Regular Meeting: (1:26 on recording)
Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge
of Allegiance. Twenty-one members of the public and media were present.
Approval of Minutes: Councilmember Derasary moved to approve the minutes of the August
14, 2018 meeting. Councilmember Jones seconded the motion. The motion passed 5-0 aye with
Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye.
Councilmember Duncan moved to approve the minutes of the August 3, 2018 meeting.
Councilmember Jones seconded the motion. The motion passed 4-0 aye with Councilmembers
Jones, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Councilmember Derasary
abstained from the vote because she did not attend the meeting.
Mayor and Council Reports: Mayor Niehaus reported on the progress of the Assistant City
Manager interviews. She also mentioned the school district’s new Community Coordinator. She
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August 28, 2018
reported on a meeting of the Utah League of Cities and Towns (ULCT) concerning gateway
communities and she concluded with a mention of an Association of Governments (AOG)
meeting which pertained to affordable housing production.
Councilmember Derasary reported on her attendance at a meeting of the Emergency Medical
Services (EMS) Special Services District. She stated the group was drafting bylaws and she
found the handbook for such districts to be helpful. Derasary also attended a Colorado
Association of Ski Towns (CAST) meeting with Councilmember Jones and Zacharia Levine and
mentioned a forthcoming written report. She commented that the CAST meeting covered the
economics of outdoor recreation, the recent impacts of smoke and wildfires on regional towns,
and the changing nature of visitation seasons. Derasary concluded with comments about the
Immigration and Customs Enforcement (ICE) raid in the community.
Councilmember Duncan noted a letter from the Water Conservation and Drought Management
Advisory Board to the Council regarding the County’s proposed High-Density Housing overlay
district. He mentioned his interest in raising consciousness about where Moab’s water comes
from and the Grand Water and Sewer Services Agency (GWSSA) mandate to serve developers.
Councilmember Knuteson-Boyd reported on the Museum’s board meeting. She announced a
free-admission day at the museum. She reported that on September 2 the museum will close for
a year to revamp the building and install new displays. Knuteson-Boyd noted her appreciation of
lowering the City’s flags in honor of the late John McCain.
Councilmember Guzman-Newton reported on a board meeting of the Chamber of Commerce.
She mentioned her interest in an effort to reach out to local businesses regarding the Transient
Room Tax (TRT). She mentioned Dr. Etchberger would be the Chamber’s luncheon speaker.
Councilmember Jones reported on his attendance at the CAST meeting, and mentioned a
transportation survey that included autonomous shuttles and pedestrian priority, reports on
sustainable land use including down-zoning in conjunction with adjacent up-zoning, and
mentioned the Gunnison County Sustainable Tourist and Outdoor Recreation Committee.
Administrative Report: City Manager Everitt reported on closures on the Mill Creek
Parkway west of 100 West. He mentioned work to reconfigure office space in the City Center,
and noted work being done on the Assured Housing Policy.
Chief Winder mentioned the work of the School Resource Officer and noted traffic-related issues
with schools, including a project of the Utah Highway Patrol involving school bus stops. He
noted recent officer education involving substance abuse and a driving course. He then reported
on the recent ICE actions in the community. He described examples of typical ICE actions
including employer checks and raids of business establishments. He noted nine arrests were
made that he was aware of, and he noted the community reaction. Winder clarified that local law
enforcement officers (LEOs) are prohibited from asking immigrant or citizenship status of
individuals unless an arrest for a crime is made, and he noted that questioning about nation of
origin is usually done at the jail. Winder spoke about citizen fears of LEOs and his aim to foster
the understanding that local LEOs serve all persons regardless of nation of origin.
Citizens to be Heard: (2:00 on recording)
Joe Kingsley spoke about the proposed feasibility study for rail service and he requested a letter
of support from the City and mentioned the County will also provide such a letter. He mentioned
the county clean-up committee and mentioned he’d like a City representative for that group. He
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stated the clean-up is a County budget line item.
Christy Calvin spoke regarding the park use policy. She noted that Rotary and Swanny parks
have proximity to and impacts on neighborhoods and the noise ordinance speaks to the level
and duration of acceptable noise. She requested that sound amplification in parks be kept in the
code including start and stop times. She noted that Special Events have allowable alcohol hours
from 10:00 AM to 9:00 PM and these hours should be the same for any alcohol use in the parks.
She concluded with a request that there be a checklist for special event qualifications for ease of
understanding.
Sara Melnicoff reported it was the anniversary of Moab Solutions and listed accomplishments
including picking up litter and recycling on the parkway and assisting the homeless population.
She noted the prohibition of camping in the City and mentioned there are still many homeless
camps. She stated there had been 1,250 requests for assistance via the Salvation Army. She
announced a group called Fix Mix that is focusing on Mill Creek and Potato Salad Hill.
Randy Day thanked Council for work on essential housing. He spoke of two ombudsman’s
opinions, which he circulated to council, regarding private property rights and inferred that
impact fees for developers exceed the authority of the local government. He concluded with a
warning to beware opposing private property rights of individuals against the public good.
Paul Spencer spoke as Chair of the TrailMix committee. He referred to an email he sent to
Council and stated there were no changes with regard to TrailMix except that employees are
going to be paid by Grand County and not the Canyonlands Natural History Association.
Councilmember Duncan asked if TrailMix was a County agency, and Mr. Spencer replied that
TrailMix employees would become County employees.
Dr. Dell Keys spoke about the plastic bag ban and suggested that “ban” is too harsh a word. She
stated the effort should be a behavioral shift encouraging shoppers to bring their own bags. She
declared it is a matter of people handling plastic bags responsibly. She concluded that it is easy
to talk to the schools to encourage reuse of bags. She stated she did not want merchants to be
punished.
Public Hearings:
Wastewater Revenue and Refunding Bonds: (2:20 on recording)
City Engineer Williams introduced the compilation of bonds for sewer and water projects. At
7:56 PM, Mayor Niehaus opened the Public Hearing to Allow Public Input Regarding the
Issuance and Sale Of Not More Than $16,700,000 Aggregate Principal Amount Of Wastewater
Revenue And Refunding Bonds, Series 2018 And Any Potential Economic Impact That The
Project To Be Financed With The Proceeds Of The Series 2018 Bonds May Have On The Private
Sector; And Related Matters. No citizens spoke during this 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. Mayor Niehaus closed the public hearing at 7:57 PM.
Business Licensing, Special Event Permitting, and Street Performer Permitting
Processes and Requirements:
Deputy Treasurer Lindsay gave a briefing on the proposed Title 4 revisions. At 8:03 PM, Mayor
Niehaus opened a Public Hearing and Solicitation of Public Input on Proposed Ordinance
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August 28, 2018
#2018-15 – An Ordinance Modifying Business Licensing, Special Event Permitting, and Street
Performer Permitting Processes and Requirements.
Kara Dohrenwend noted she had been a member of the Planning Commission for ten years. She
mentioned the noise situation at the food truck court on west 100 North. She asked that there be
an equal level of enforcement on the part of police, code enforcement and public works. She
stated is seemed hard for police and dispatch to enforce the noise code. She mentioned permit
requirements for public spaces and the lack of clarity regarding noise from private property. She
asked the City to better publicize potential relief from restrictions and she noted vast
improvements to the part of the code that falls under section 5.64.070, Prohibited Practices.
Cricket Green spoke about her concerns that her business, an All-Terrain Vehicle (ATV) rental
operation, should be excepted from prohibited home occupations. She stated she drives the
rental vehicles to her home and her neighbors have thanked her for driving 10 MPH in her
neighborhood. She stated she does the book-keeping and other business functions from her
home office and always conducts the rental of vehicles from her Main Street location. She also
spoke about her interest in allowing automatic renewals for business licensure unless there are
complaints. She questioned whether there could be a new category so she wouldn’t h ave to fill
out an entirely new application each year. Councilmember Duncan asked about such renewals
and City Manager Everitt replied that every business must renew in June of each year, and
acknowledged the difference between renewals and fresh applications.
Special Events/Vendors/Beer Licenses: (2:39 on recording)
Homecoming Parade Fee Waiver—Approved
Discussion: Councilmember Jones clarified that the Special Event permit for this event was
approved administratively and the Council was solely being asked to approve a fee waiver of
$10,350. City Manager Everitt agreed and explained the City’s intention of being transparent
about the “true cost” of special events, including personnel costs for road closures during
parades. Councilmember Jones mentioned the vastly reduced cost impact of having the
homecoming parade on 400 East at a cost of approximately $1100. Councilmember Derasary
asked about alternate routes. Representatives from the school district explained they did not
want to reroute the parade from Main Street and Everitt explained the Main Street route
required approximately 30 police officers and public works employees, whereas a route that
does not travel down Main Street requires about 11 employees. When asked by Councilmember
Derasary, Everitt explained the street closures must be conducted by paid staff and not
volunteers. Councilmember Guzman-Newton spoke about the value of tradition. She
acknowledged that Main Street is changing and perhaps in the future the route could change to a
shorter distance on Main Street. She acknowledged the public outcry that would result from
changing the route and the public support for tradition. Councilmember Knuteson-Boyd stated
she would not fight with it and she would not support it, because the cost of the fee waiver is a
lot to ask taxpayers to pay. Councilmember Duncan asked if the monies were in the budget and
City Manager Everitt responded the City would not cut a check from one department to another.
Councilmember Derasary spoke about her interest in investing in the City’s youth.
Councilmember Jones stated he was inclined to support this waiver and he brought up that the
City had suggested route alternatives which were rejected. He noted the City should incentivize
changing the route and he acknowledged the struggle between traffic and tradition. Mayor
Niehaus spoke about her interest in preserving “our Main Street” and stated it is a tradition. She
concluded that she supports a route down Main Street and she supports a fee waiver.
Motion and Vote: Councilmember Derasary moved to approve a fee waiver for a Special
Event Application for the 2018 Grand County High School Homecoming Parade to be held on
Friday, September 14, 2018 in an amount not to exceed $10,350. Councilmember Guzman-
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Newton seconded the motion. The motion carried 4-1 aye, with Councilmembers Derasary,
Jones, Duncan and Guzman-Newton voting aye and Councilmember Knuteson-Boyd voting nay.
Old Business:
Ban of Single-Use Plastic Bags—Discussion
City Attorney McAnany stated the revision presented was close to the original draft. He stated
changes were made to clarify definitions, language and enforcement provisions. He noted
penalties were civil and not criminal. He mentioned the roll-out period. Councilmember Jones
mentioned an email from Brendon Cameron, Manager of City Market, who wrote that Kroger,
the corporation which owns City Market, would eliminate all single-use plastic bags by 2025.
Discussion ensued regarding whether businesses could charge for plastic bags, changing the
name to “Single Use Plastic Bag Reduction Ordinance” and exemptions to the ban. Mayor
Niehaus spoke about messaging and outreach to the community at a town hall meeting.
Community Contributions—Discussion
Mayor Niehaus suggested a change of deadline to October 15 for Community Contributions and
keeping the Special Events Sponsorships deadline the same at February 1. Councilmember
Derasary brought up free speech events and it was discussed that there are no charges for free
speech events such as protest rallies for which the City has been reasonably notified.
Councilmember Derasary also asked about how the City would manage the total budget fund
split with two deadlines in October and February, and City Manager Everitt mentioned the
possibility of a budget amendment later in the year. Derasary speculated that if the application
deadline is changed to October 15, Council approval of funds would likely occur at the Council’s
first regular meeting in November. She asked about options for funding TrailMix and City
Manager Everitt suggested discussing the matter beyond the scope of the meeting.
New Business:
Land Use Hearing Officer Appointment—Approved
Motion and Vote: Councilmember Duncan moved to approve an Agreement for Professional
Services between Mary Woodhead and the City of Moab for the position of Appeals Authority
Land Use Hearing Officer. Councilmember Jones seconded the motion. The motion carried 5-0
aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton
voting aye.
Approval of Bills:
Councilmember Guzman-Newton moved to approve payment of bills against the City of Moab in
the amount of $836,742.71. Councilmember Knuteson-Boyd seconded the motion. The motion
passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and
Duncan voting aye.
Adjournment: Councilmember Jones moved to adjourn the meeting. 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 Niehaus adjourned
the meeting at 9:09 PM.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder