HomeMy Public PortalAboutMIN-CC-2019-05-14MOAB CITY COUNCIL MINUTES
REGULAR CITY COUNCIL MEETING
MAY 14, 2019
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.
Pre -Council Workshop:
At 12:04 PM, Mayor Emily Niehaus called a workshop meeting to order to discuss the draft
Moab Area Parking Study. In attendance were Councilmembers Karen Guzman -Newton, Rani
Derasary, Tawny Knuteson-Boyd, Kalen Jones and Mike Duncan. Also in attendance were City
Manager Joel Linares, Engineer Chuck Williams, Planner Nora Shepard, Attorney Chris
McAnany, Recorder Sommar Johnson and Records Specialist Eve Tallman. Three members of
the public and media were present. A video recording of the workshop is archived at:
https://www.youtube.com/watch?v=MNSmWUV8. An audio recording is archived at:
https://www.utah.gov/pmn/index.html.
City Engineer Williams presented an overview of the draft parking study including the scope of
the study, conclusions and recommendations. Discussion and questions from the Council
addressed parking for specific vehicle types, parking efficiency and prioritization for types,
oversize vehicles on Main Street and enforcement. Shuttle service from dispersed lots was
mentioned as well as working with hotels for midday parking and business incentives to allow
public parking. Mayor Niehaus discussed parking on 400 East and the removal of parking on
North Main Street. Councilmember Derasary asked how many spaces would be lost to restriping
curbs 3o feet from intersections as required by code.
The discussion turned to an overview of the City's HotSpot Recreation Funding from the Utah
Department of Transportation (UDOT). Williams and UDOT representative Ryan Anderson
presented the priorities of the HotSpot Arches Area funding, which includes a parking structure
between Main Street, Center Street, too North and too West. Councilmember Knuteson-Boyd
suggested a dynamic design for the structure could accommodate future transit and downtown
employee parking and Mayor Niehaus also mentioned accommodating tall vehicles such as cars
with bicycles on the roof or tall vans. Anderson agreed the design of the structure would
accommodate future uses. Williams mentioned that remaining funds after the design and
construction of the structure would be used to study and potentially implement Main Street
improvements, including construction of a median from 400 North to 3oo South. Anderson
clarified the median might be constructed from ioo North to 200 South and parking could be
removed from Main Street and bike lanes could be installed. Anderson mentioned that
Springdale, Utah had eliminated parking on their Main Street. He stated that left turns are
dangerous. Councilmember Karen Guzman -Newton stated the topic of eliminating left turn
lanes is contentious. Mayor Niehaus noted there has been significant public sentiment opposed
to bike lanes on Main Street. Councilmembers Duncan, Guzman -Newton and Derasary
expressed opposition to any removal of parking from downtown Main Street. Anderson stated
any improvements to Main Street would ultimately be decided by the Council. Councilmember
Jones recapped the history of the HotSpot committee's work. Councilmember Duncan brought
up the bike lane on 100 West which eliminated parking in front of a retail business, to the
surprise of the business owner. Williams stated he would investigate solutions. Councilmember
Derasary asked about any budget implications resulting from the parking study.
Motion to Recess and Vote: Councilmember Duncan moved to recess the meeting until 5:oo
PM. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o. Mayor
Niehaus recessed the meeting at 1:23 PM.
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Pre -Council Workshop: Mayor Niehaus reconvened the workshop at 5:03 PM. In attendance
were Councilmembers Guzman -Newton, Knuteson-Boyd, Jones, Duncan and Derasary.
Additional staff present included Finance Director Rachel Stenta, Sustainability Director
Rosemarie Russo, Communication and Outreach Director Lisa Church, Police Chief Bret Edge,
Assistant Engineer Eric Johanson, four members of the Water Conservation and Drought
Management Advisory Board and David Everitt. The meeting began with a Workshop Regarding
Hydrologic and Hydrogeologic Assessment of the City's Surface Water and Groundwater
Resources. A video recording of the meeting is archived at:
https://www.youtube.com/watch?v=Br5ori1EPoY. An audio recording is archived at:
https://www.utah.gov/pmn/index.html.
Ken Kolm and Paul van der Heijde of Hydrologic Systems Analysis, LLC (HSA) presented their
Phase Two preliminary water budget and aquifer storage evaluation report. Mayor Niehaus
asked about the leakage from Ken's Lake and impacts on Moab's water rights. City Engineer
Williams presented the next steps for the HSA report, including addressing comments from the
Water Conservation and Drought Management Advisory Board, peer review by the Utah
Geological Society, a study by HSA of the Valley Fill aquifer and working with the new water
rights attorney, Jeffry Gittins, on the City's 4o-year plan. Discussion with Gittins ensued and
Mayor Niehaus asked for recommendations to Council from the Water Board, Engineering and
Administrative staff regarding future development, the overnight accommodation moratorium
and water supply implications.
Regular Meeting —Call to Order and Attendance: Mayor Niehaus called the regular
meeting to order at 7:oo PM and led the Pledge of Allegiance. Forty-four members of the public
and media were present.
Approval of Minutes: Councilmember Derasary moved to approve minutes of the April 22
and 23, 2019 meetings. Councilmember Duncan 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 minutes of the April 29 and May 6 and 7,
2019 meetings. Councilmember Jones seconded the motion. Councilmember Derasary was not
present at those meetings and did not vote. The motion passed 4-o aye with Councilmembers
Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Mayor and Council Reports: (1:59 on audio recording)
Mayor Niehaus and the Council reported on their activities for the prior three week period.
Administrative Report: Mayor Niehaus welcomed Joel Linares as the new City Manager.
Linares reported on work regarding upgrading the restrooms and the Center Street Gym,
interviews for Public Works Director, the upcoming interim legislative session and a scheduled
meeting with Zions Bank regarding bonding.
Recorder Johnson performed the swearing -in of Bret Edge as Police Chief. Edge presented an
update of police activities and crime statistics, reflecting a total of 283 incidents in April, mainly
for traffic stops with 26 accidents and 21 cases of illegal camping as well as 69 code -related
incidents including 23 dogs in parks.
Students of the Month: Mayor Niehaus presented the May Student of the Month Awards to
Gracey Bylilly of Helen M. Knight School and Oione deRoulhac of Moab Charter School.
Administrative Report —Planning: Planner Shepard recapped her first weeks on the job
for Council and reported there are 833 vested nightly rental units in development within the
City limits which are exempt from the moratorium.
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Citizens To Be Heard: Kiley Miller spoke about the proposed Loves Truck Plaza and its
impacts on Moab of noise, exhaust and toxic fumes. She urged the City and County Councils to
write letters of opposition to the project in San Juan County. Miller also spoke about the need
for signage on Powerhouse Lane regarding parking at the Mill Creek trailhead.
Proclamation: Mayor Niehaus read a Proclamation for National Public Works Week.
Public Hearing: (3:oi on audio recording)
Public Hearing Regarding a Notice of a Petition to Vacate, Alter, Or Amend a
Subdivision Plat or Public Street (Emma Boulevard):
Councilmember Knuteson-Boyd left the chambers due to a stated conflict of interest. After a
brief presentation by Engineer Williams, Mayor Niehaus opened the public hearing at 8:07 PM.
Russell Facente spoke in opposition to the proposed Minnie Lee Avenue project and stated that
mapping and navigation software would route tourist traffic from Main Street onto residential
streets. He requested information regarding why the project was not referred to the Planning
Commission.
Scott Newton spoke in opposition to the new street and the Utex subdivision. He stated the
proposal was not a ten -foot wide bike lane but was instead a 9o-foot-wide street. He speculated
there was a hidden agenda and an unexpected burden on taxpayers.
Josh Green spoke in opposition to the project. He stated it was an awful idea and the traffic
impacting the elementary school would be dangerous and could cause a lawsuit against the City.
He noted concrete had already been poured on Emma Boulevard. He suggested navigation
software would identify the street causing traffic congestion.
Melissa Byrd stated she was speaking as a private citizen and was not representing the school
board. She stated her concerns about increased traffic congestion and safety by creating a street
directly linking to MiVida which she said is the main drop off and pick up point for the
elementary school. She referred to a letter from the school Superintendent and noted the school
district has not been consulted nor communicated with about any new development or this
project.
Mayor Niehaus stated written comments would continue to be accepted by the City.
Councilmember Duncan moved to close the public hearing. 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 closed the public
hearing at 8:16 PM.
Public Hearing Regarding the City of Moab's Fiscal Year 2019-2020 Budget:
Finance Director Stenta made a presentation regarding the budget and noted there was an
interactive feedback tool at www.moabcity.org/budget. Mayor Niehaus opened the public
hearing at 8:31 PM. There were no public comments. Councilmember Duncan moved to close
the public hearing. 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 closed the public hearing at 8:31 PM.
Special Events:
Amplified Music —Approved
Motion and Vote: Councilmember Guzman -Newton moved to approve a Request for
Amplified Music at Old City Park on August 23, 2019. Councilmember Knuteson-Boyd seconded
the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Guzman -Newton and Duncan voting aye.
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Fourth of July Approved
Motion and Vote: Councilmember Derasary moved to approve a Special Event Permit and
Special Use of City Park for a Fourth of July Celebration. Councilmember Jones seconded the
motion. Councilmember Derasary thanked the Mayor and staff for their efforts regarding the
event. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Guzman -Newton and Duncan voting aye.
Old Business: (3:29 on audio recording)
Parking Management Study Approved
Motion and Vote: Councilmember Guzman -Newton moved to approve Resolution 27-2019
— The Moab Parking Management Study. Councilmember Jones seconded the motion.
Councilmember Derasary asked about signage, a two-hour parking limit in certain areas of
downtown, and enforcement. Mayor Niehaus brought up the input from the Council in addition
to the results of the study being considered. Williams declared the police department is
interested in parking enforcement. The motion passed 5-o aye with Councilmembers Jones,
Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Planned Affordable Development (PAD) Approved
Discussion: City Attorney McAnany presented a brief overview of the editing process. Mayor
Niehaus noted there were five or six developers interested in the possibility of PADs in the R-3
zone. Councilmember Guzman -Newton asked for clarification regarding the PAD application
process and key staff. Councilmember Jones brought up a lack of specificity regarding
stormwater and lighting requirements and his desire to strike vague language in the ordinance.
McAnany stated language that was too strict would discourage affordable development.
Councilmember Duncan and Mayor Niehaus suggested the language could be settled over time.
Councilmember Derasary stated she would vote no due to the lack of a redlined version for
public review before the vote.
Motion and Vote: Councilmember Duncan moved to approve Proposed Ordinance 2019-
02 - Amending the City of Moab Municipal Code by Adding a New Chapter 17.68 Planned
Affordable Development (PAD). Councilmember Guzman -Newton seconded the motion. The
motion passed 3-2 aye with Councilmembers Knuteson-Boyd, Guzman -Newton and Duncan
voting aye and Councilmembers Derasary and Jones voting nay.
New Business:
Ballpark Concessionaire Contract Approved
Motion and Vote: Councilmember Knuteson-Boyd moved to award the Concessionaire
Contract to Sara Kimmerle, doing business as Moab Snacks, as the Ballpark Concessionaire.
Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with
Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
On -call Professional Engineering Services Approved
Motion and Vote: Councilmember Derasary moved to approve the four selected Consultants
for Professional Engineering On -call Services, and to authorize the City Manager to sign their
respective Consultant Services Agreements. Councilmember Guzman -Newton seconded the
motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Guzman -Newton and Duncan voting aye.
UDOT Parking Structure Agreement —Tabled
Discussion: Williams stated that UDOT representative Ryan Anderson had confirmed via
email that by signing the Agreement there was no commitment to remove on -street parking on
Main Street. Mayor Niehaus mentioned her interest in constructing the parking structure with
sustainable materials. Williams added there was an option to include a solar array as well.
Councilmember Derasary and others expressed an interest in seeing the communication from
Page 4of6— MAY 14,2o1g
Anderson regarding any Main Street improvements before taking a vote.
Motion and Vote: Councilmember Derasary moved to table for two weeks Resolution 33-
2019 approving the City to enter into a Cooperative Agreement with the Utah Department of
Transportation for purposes of constructing a Downtown Parking Structure. Councilmember
Guzman -Newton seconded the motion to table. The motion passed 4-1 aye with
Councilmembers Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye and
Councilmember Jones voting nay.
Hillside Development Permit Approved
Discussion: Johnson clarified the request before Council was only for a Hillside Development
permit and many other regulations would still need to be met. Councilmember Derasary pointed
out the current parcel map shows the subject property as a County parcel although it was
annexed in 2017. Councilmember Jones brought up a detail regarding the slope and fill.
Motion and Vote: Councilmember Derasary moved to approve Resolution 32-2o19--A
Resolution Approving a Hillside Development Permit for Legacy Design Group for Commercial
Development on Property Located at 1520 North Main Street in the RC, Resort Commercial
Zone, as Referred to City Council by the Planning Commission. Councilmember Guzman -
Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones,
Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Millcreek Corner Subdivision Approved
Motion and Vote: Councilmember Derasary moved to approve Resolution 31-2o19--A
Resolution Conditionally Approving the Millcreek Corner Subdivision, a Minor Subdivision of
808 Millcreek Drive Located in the R-2, Residential Zoning District, as Referred to Council by
the Planning Commission. Councilmember Guzman -Newton seconded the motion. Mayor
Niehaus stated she was no longer affiliated with the applicant and had no conflict of interest.
The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -
Newton and Duncan voting aye.
Nightly Rentals Ordinance Modification Approved
Motion and Vote: Councilmember Derasary moved to approve Ordinance 2019-11--An
Ordinance Modifying Moab Municipal Code Title 5, Chapter 5.67, Pertaining to Nightly Rentals.
Councilmember Guzman -Newton seconded the motion. Councilmember Jones brought up
correspondence regarding a one -hour response time for unit owners in the event of complaints.
The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -
Newton and Duncan voting aye.
Purchasing Exception for Rick's Glass Approved
Motion and Vote: Councilmember Knuteson-Boyd moved to approve a Purchasing Exception
for Rick's Glass for an Amount not to Exceed $105,00o for past MARC, Recreation, and
Facilities Repairs and Potential Upgrades Necessary Through the End of this Fiscal Year.
Councilmember Duncan seconded the motion. Councilmember Jones asked if there were other
bidders and staff explained there were no bidders initially including Rick's Glass and several
firms were approached to solicit quotes for the work. The motion passed 5-o aye with
Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Electronic Participation in Council Meetings Approved
Discussion: Mayor Niehaus proposed a strikethrough of language regarding public
participation. Councilmember Derasary brought up sound quality issues and pointed out a
requirement for a quorum to be present at the anchor location. She mentioned the option of
limiting the number of meetings an elected official could attend remotely. Councilmember
Knuteson-Boyd voiced concern regarding frequency of absences, undue influence by
unknowable persons and acceptable absences. Councilmember Derasary spoke in favor of
downtime during vacation. Councilmember Jones stated he had participated remotely for
Page 5of6—MAY14,2o19
boards and had not experienced any boardmembers abusing the system. Councilmember
Duncan stated he is in favor and it is incumbent on all members not to abuse it. Recorder
Johnson stated tentative concerns about the reliability of the technology. Councilmember
Guzman -Newton stated her concern with electronic participation in closed sessions.
Councilmember Jones suggested amending the motion to eliminate closed sessions.
Councilmember Knuteson-Boyd said she was opposed to the motion. Mayor Niehaus asked if
there should be limits on electronic participation.
Motions and Vote: Councilmember Guzman -Newton moved to adopt Ordinance 2019-16:
An Ordinance Authorizing Electronic Participation in City Council Meetings and Establishing
Procedures for Electronic Participation, striking subsection D regarding public participation.
Councilmember Jones seconded the motion. The motion passed 3-2 aye with Councilmembers
Jones, Guzman -Newton and Duncan voting aye and Councilmembers Derasary and Knuteson-
Boyd voting nay. Councilmember Jones moved to amend the motion to exclude electronic
participation in closed sessions and to specify the chair must be present at the anchor location.
Councilmember Guzman -Newton seconded the motion to amend the motion. The motion
passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and
Duncan voting aye.
Bills Against the City of Moab Approved
Motion and Vote: Councilmember Jones moved to approve bills for $665,803.35.
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 Knuteson-Boyd moved to adjourn the meeting.
Councilmember Guzman -Newton seconded the motion. The motion carried 5-o aye, with
Councilmembers Derasary, Jones, Duncan, Knuteson-Boyd and Guzman -Newton voting aye.
Mayor Niehaus adjourned the meeting at 9:54 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder
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