HomeMy Public PortalAboutMIN-CC-2019-01-22MOAB CITY COUNCIL MINUTES
JOINT PLANNING COMMISSION -CITY COUNCIL WORKSHOP
AND REGULAR CITY COUNCIL MEETING
JANUARY 22, 2019
Call to Order and Attendance:
The Moab City Council held a Special Joint Planning Commission workshop prior to its regular
meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East
Center Street. An audio recording is archived at http://www.utah.gov/pmn/index.html and a
video recording is archived at https://youtu.be/fRWobL-5ccY. Mayor Emily Niehaus called the
meeting to order at 5:00 PM. In attendance were Councilmembers Rani Derasary, Tawny
Knuteson-Boyd, Karen Guzman -Newton, Kalen Jones and Mike Duncan. Also in attendance
were City Manager David Everitt, Assistant City Manager Joel Linares, City Attorney Chris
McAnany, Finance Director Rachel Stenta, Sustainability Director Rosemarie Russo, Police
Chief Jim Winder, Administrative Assistant Kyla Lewis, Building Official Barry Ellison,
Development Services Manager Sommar Johnson, Communications and Engagement Manager
Lisa Church, Treasurer Chantel Lindsay, Public Works Director Pat Dean, Assistant City
Engineer Mark Jolissaint, Water Reclamation Facility Superintendent Greg Fosse and
Recorder/Project Specialist Eve Tallman. Planning Commission members in attendance were
Allison Brown, Kya Marienfield, Marianne Becnel and Jeanette Kopell.
Workshop: Joint City Planning Commission and City Council Discussion with the
State Property Rights Ombudsman's Office:
Brent Bateman represented the Utah Property Rights Ombudsman's Office and answered
questions on a variety of topics, including allowable restrictions on sexually -oriented businesses
within City limits, assured housing, water shortages, the possibility of a moratorium or ban on
new overnight lodging, impact fees, state legislative limitations on local control, local legislative
power regarding zoning and property rights, pending ordinances and vesting.
Citizen Bob Greenberg brought up a proposed zone change in his neighborhood. Mayor Niehaus
suggested this is an example of a use for the Planned Affordable Development. Bateman pointed
out this entails a zone change. Councilmember Duncan brought up overlay zones. Development
agreements were discussed. Senate Bill 34 was mentioned, along with density and zoning and
eminent domain.
Regular Meeting: 0:58 on recording)
Mayor Niehaus called the Regular City Council Meeting to order at 7:oo PM and led the Pledge
of Allegiance. Forty-six members of the public and media were present.
Approval of Minutes:
Councilmember Derasary moved to approve the minutes of the January 8, 2019 meeting with
corrections. Councilmember Guzman -Newton seconded the motion. The motion carried 5-o aye,
with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting
aye.
Mayor and Council Reports: Mayor Niehaus corrected an earlier statement she had made
regarding improved efficiency at the new Water Reclamation Facility. She said the new plant
uses 27,5oo gallons of water per month. She stated she attended a Chamber luncheon as well as
meetings where regional air service and Mill Creek visioning were discussed. She discussed with
Council the date of the Council Retreat, which was determined to be February 9. She mentioned
Local Officials Day, which she planned to attend with Councilmember Knuteson-Boyd.
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January 22, 2019
Councilmember Derasary reported a 10o West business owner praised the smoothness of the
operations during road construction. She mentioned the Moab Area Partnership for Seniors
(MAPS) planned a groundbreaking in the Spring. She mentioned possible support from the
Council for the Congressional Energy Innovation and Carbon Dividend Act. She also asked
whether the Council should contact Federal Representatives as a group with regard to ending
the Federal Government shutdown.
Councilmember Duncan reported that he attended the legislative rally of the Rural Water
Association of Utah and he mentioned some potential legislation that could affect local water
resources. He brought up the prospect of the City hiring a water rights attorney and City
Manager Everitt confirmed he had engaged the firm of Smith Hartvigsen.
Councilmember Knuteson-Boyd stated she had attended the Museum Board retreat and noted
there is a need for long-time Moab residents to serve on the Board. She also mentioned an
upcoming Housing Authority meeting in Salt Lake City.
Councilmember Guzman -Newton reported on work on the non -motorized trails master plan
and mentioned the Chamber luncheon where members asked about the City's plans for
completion of the 10o West construction, the location of the planned parking structure, and the
north Highway 191 corridor construction. Guzman -Newton also noted the recently -passed
Grand County high -density housing overlay and reported on upcoming parent -teacher
conferences at the school district and a planned Youth Voices Speak Out event February 5. She
talked about planned character education regarding bullying and the impacts of personal
electronics, and concluded with a mention of the Mill Creek visioning session.
Councilmember Jones reported the Solid Waste District had adopted its budget and mentioned
that Transient Room Tax (TRT) funds could possibly be spent on a composting program. He
reported on the Housing Task Force and the Outdoor Lighting Code with the County.
Administrative Report: City Manager Everitt reported on the resurfacing of the Sun Court
which would allow for Pickle Ball and roller derby. He mentioned his attendance at the Colorado
Association of Ski Towns (CAST) meeting, where there was discussion of e-bikes, paved trail
systems, and emergency management between jurisdictions. He also reiterated the hiring of a
water rights attorney. He stated there is an upcoming opportunity to comment on street lighting
on the north Highway 191 corridor and mentioned improvements to the agenda preparation
process for the City Council. Discussion ensued with Council regarding the potential revisions to
the Planning Department organizational structure. Councilmember Jones brought up the
potential for coordination with the County planning department with an eye toward service
efficiency. Mayor Niehaus stated her excitement about hiring a Planner and Assistant Planner.
Councilmember Duncan brought up the potential for sharing responsibilities with the County.
Councilmember Jones acknowledged the need to fill the open positions as soon as possible.
Councilmember Derasary asked about the revised organizational structure of the Recreation
department and it was explained that Assistant City Manager Linares now oversees the Moab
Arts and Recreation Center (MARC), the Moab Recreation and Aquatic Center (MRAC) and the
Recreation staff. Derasary asked about a grant -writing role. Councilmember Duncan asked
audience member Mary McGann of the Grand County Council to speak about a closer working
relationship with the City. She mentioned an efficiency study with an aim of ending duplication.
Citizens to be Heard: Sara Melnicoff spoke about recycling and requested Council to put off
deciding on the Waste Hauling contract. She suggested a study and noted improvements at the
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January 22, 2019
local recycling center. She stated citizens will be angry if required to recycle with potentially
violent reactions. She suggested the Council should take a few extra weeks.
Presentations:
Martin Luther King Jr. Day:
Mayor Niehaus proclaimed Monday, January 21, 2019 as Martin Luther King Jr. Day.
Students of the Month: (2:43 on recording)
Mayor Niehaus presented the Mayor's Students of the Month Awards for the Grand County
Middle School for January 2019 to eighth grade student Ethan Thompson and seventh grade
student Sam Camey.
Old Business:
2oi9 Community Development Block Grant (CDBG) Application Approved
Discussion: Assistant City Engineer Jolissaint presented the project proposal, which involves
construction of an enclosed vertical wheelchair lift for the purpose of providing ADA compliant
access to facilities at the Center Street Gym. He specified these facilities include the courts on
the upper floor, as well as the two downstairs restrooms, two locker rooms, and offices.
Additionally, he noted the project will provide the Center Street Gym and the Moab Arts and
Recreation Center with ADA compliant, tactile signage with braille.
Motion and Vote: Councilmember Jones moved to approve staff preparation of the 2019
Community Development Block Grant (CDBG) Application for Funding to Improve ADA
Accessibility to Downtown Recreation Facilities, and authorize the Mayor or City Manager to
Sign the Application. Councilmember Knuteson-Boyd seconded the motion. The motion carried
5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton
voting aye.
Solid Waste Franchise Agreement Action Failed and Postponed
Discussion: City Manager Everitt, Sustainability Director Russo, County Councilmember
McGann and Monument Waste proprietor Dan Kirkpatrick answered questions regarding
Proposed Resolution 03-2019 Authorizing the City Manager to Enter into a Franchise
Agreement on Behalf of the City of Moab with Monument Waste, Inc. for Residential, Municipal,
and Commercial Solid Waste and Recycling Collection and Disposal. Everitt pointed out there
has been no solicitation for solid waste hauling services since 1999. He mentioned the contract is
required by code and the goals of the agreement are to provide quality service, help to meet the
City's sustainability goals, and provide value to citizens. He pointed out there was only one bid
and acknowledged the Council has ambitious sustainability goals. Highlights of the bid were
presented including mandatory recycling for residential customers employing a single -stream
methodology which means customers comingle all recyclables in one bin rather than sorting.
Councilmember Jones pointed out the proposal does not criminalize recyclables in the trash bin.
Commercial services were discussed including points about optional recycling service. The
greatly expanded list of what will be recycled was presented. Russo pointed out that 8o percent
of American cities utilize single -stream methods. Everitt stated the Request for Proposals
optioned single stream and the sole bidder prefers that approach. McGann acknowledged that
source -separated was cleaner yet supports single stream and wants an option for voluntary
source separation. Councilmember Guzman -Newton asked about the fate of the Recycling
Center. Everitt presented the proposed rate schedule. Due to the increased cost of tipping fees at
the landfill, it was requested to initiate the new commercial rates effective February 1.
Councilmember Derasary brought up mandatory recycling for commercial customers. Subsidies
for residents were discussed, along with construction waste recycling and cardboard.
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January 22, 2019
Motions and Votes: Councilmember Jones moved to approve Resolution o3-2019
Authorizing the City Manager to Enter into a Franchise Agreement on Behalf of the City of Moab
with Monument Waste, Inc. for Residential, Municipal, and Commercial Solid Waste and
Recycling Collection and Disposal. Councilmember Knuteson-Boyd seconded the motion. The
motion failed 2-3 with Councilmembers Jones and Knuteson-Boyd voting aye and
Councilmembers Duncan, Derasary and Guzman -Newton voting nay. Councilmember Duncan
moved to postpone a vote till the next regular City Council meeting. Councilmember Guzman -
Newton seconded the motion. The motion passed 3-2 aye with Councilmembers Duncan,
Derasary and Guzman -Newton voting aye and Councilmembers Jones and Knuteson-Boyd
voting nay.
New Business: (4:27 on recording)
Planning Commission Appointment Approved
Motion and Vote: Councilmember Duncan moved to confirm the Mayoral Appointment of
Becky Wells to the Moab City Planning Commission for a term ending December 31, 2021.
Councilmember Guzman -Newton seconded the motion. The motion carried 5-o aye, with
Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Preserve Subdivision Approved
Motion and Vote: Councilmember Jones moved to approve Resolution o2-2o19 - A
Resolution Conditionally Approving the Final Plat of The Preserve Subdivision Phase 3 and
Approving a Subdivision Improvements Agreement for Public Improvements, as Favorably
Referred to Council by the Planning Commission. Councilmember Duncan seconded the
motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd,
Duncan and Guzman -Newton voting aye.
Water Board Appointment Approved
Councilmember Duncan recused himself and left the Chambers.
Motion and Vote: Councilmember Jones moved to approve Reappointment of Mike Duncan
to the Water Conservation and Drought Management Advisory Board for a term commencing
immediately and expiring December 31, 2021. Councilmember Derasary seconded the motion.
The motion carried 4-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd and
Guzman -Newton voting aye.
Appointment of the 2019 Mayor Pro Tem Approved
Motion and Vote: Councilmember Derasary moved to confirm the mayoral appointment of
Councilmember Knuteson-Boyd as Mayor Pro Tem for 2019. Councilmember Guzman -Newton
seconded the motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones,
Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Appointment of Council Member to Review the City's Bills in 2o19 Approved
Motion and Vote: Councilmember Knuteson-Boyd moved to confirm the mayoral
appointment of Councilmember Jones as the Council member responsible for reviewing the
City's bills in 2019. Councilmember Guzman -Newton seconded the motion. The motion carried
5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton
voting aye.
Community Organization Liaison and Board Assignments Approved
Discussion: Mayor Niehaus guided a discussion of various Council and staff committee and
board assignments. A final slate was considered.
Motion and Vote: Councilmember Duncan moved to approve the Community Organization
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January 22, 2019
Liaison and Board Assignments. Councilmember Derasary seconded the motion. The motion
carried 5-o 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 $264,307.69. Councilmember Knuteson-Boyd
seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary,
Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Executive Session:
Councilmember Jones moved to convene an executive closed session to Discuss the Purchase,
Exchange, or Lease of Real Property and to Discuss the Character, Professional Competence, or
Physical or Mental Health of an Individual or Individuals. 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 convened the
executive closed session at io:o4 PM. Councilmember Knuteson-Boyd moved to adjourn the
closed session. Councilmember Duncan seconded the motion. The motion passed 5-o aye with
Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Mayor Niehaus ended the executive closed session at 11:15 PM.
Adjournment: Councilmember Derasary moved to adjourn the meeting. Councilmember
Knuteson-Boyd 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 11:15 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
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January 22, 2019