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HomeMy Public PortalAboutMIN-CC-2019-11-12MOAB CITY COUNCIL MINUTES REGULAR CITY COUNCIL MEETING November 12, 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. An audio recording of the evening meeting is archived at: https://www.utah.gov/pmn/index.html and a video recording is archived at: https://www.youtube.com/watch?v= 7LJ3b8HPu2c&t=25s . Regular Meeting —Call to Order and Attendance: Mayor Niehaus called the meeting to order at 7:01 PM and led the Pledge of Allegiance. In attendance were Councilmembers Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd, Karen Guzman -Newton and Kalen Jones. Staff in attendance were City Manager Joel Linares, Assistant City Manager Carly Castle, City Attorney Laurie Simonsen, Communications and Engagement Manager Lisa Church, Planner Nora Shepard, Assistant Planner Cory Shurtleff, Building Inspector Barry Ellison, Senior Project Manager 'Caitlin Myers, Police Chief Bret Edge, Finance Director Rachel Stenta, City Engineer Chuck Williams, Sustainability Director Rosemarie Russo and Deputy Recorder Joey Allred. Sixteen members of the public and media were present. Approval of Minutes: Councilmember Guzman -Newton moved to approve the minutes of the August 13, 2019 Regular City Council meeting, the October 8, 2019 Special Joint City Council/County Council meeting, the October 8, 2019 Regular City Council meeting minutes, the October 15, 2019 Emergency Joint Moab City Council/Grand County Council/Castle Valley Town Council meeting and the October 24, 2019 regular City Council meeting. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor and Council Reports: Mayor Niehaus was invited to attend the Western Caucus Foundation event with Senator Mike Lee who worked with the foundation to bring the Caucus to Moab. She had the opportunity to hike in Arches with Senator Lee as well as Congressmen Rob Bishop and John Curtis. Afterward, she and some of the other Councilmembers sat at the roundtable where discussion of public lands continued. Many members of the community attended, and she was grateful to those that were respectful in their protest. She then had dinner with all of them at the Rustic Cowboy Policy Dinner and the speaker at the event was BLM Director William Perry Pendley. Her takeaway from that day's events was that the community and the state are quite divided on how they see management of federal lands. She met with Kerry with Desert West Office Supply and she wants to open up a larger conversation with the business owners who's back doors open onto the dirt lot and the idea of getting that back parking area organized as part of the dispersed parking plan and potentially a place to use UDOT funding. It was already on the list of areas of interest and has a drafted schematic plan. She had lunch with the Middle School Students of the Month, Emily Rutherford and Abby Jones, and congratulated them. She met with Adam Whittaker form the Red Cross who is interested in getting someone from Southeastern Utah to serve on his Board of Directors and she put it out to the Council in case any of them would like to serve as a Board Member for the Red Cross of Utah. She attended a Water Quality Board Meeting and it was the first time that the Board came to Moab for their meeting. At that meeting they toured the Watershed and talked about different projects. They then went to Dr. Roz McCann's house and looked at her Page 1 of 11 November 12, 2019 greywater system and later in the Board meeting they moved forward with the recommendation to change the rule to allow greywater systems in the State of Utah and to make them much easier and more functional. She gave a "big shout out to Southeast Utah Health Department's Environmental Health Director Orion Rogers as he was instrumental in pulling that together. She welcomed and attended the CIB meeting held on November 7th in Moab where they discussed how they are spending CIB funds. She attended the Veteran's Day Celebration and is grateful to those who organized it and the students from the school. She thanked the staff who attended the Active Shooter Training earlier in the day as safety in the workplace is important. Councilmember Derasary reported that she also attended the Roundtable with Senators Mike Lee and Lisa Murkowski. She attended the Western Rivers Open House on October 25th and encouraged anyone that is interested in employee housing to talk to them. On October 26th she attended the Moab Community Land Trust where you could go to learn more about the plans for the housing there and harvest native plants and soil crust. October 27th was the Day of the Dead celebration at the Multi -Cultural Center. She attended the Travel Council Town Hall `Do It Like a Moab Local' campaign at Star Ha11 on October 28th. She attended the quarterly UMTRA meeting on October 29th. The federal budget is behind schedule and they are waiting for confirmation about whether they will receive their $45,000,00o for next year as scheduled. There is a continuing resolution through November 21st, and they are waiting to see if that gets extended or if they get a budget. She attended Trunk or Treat on October 315t and said that the Police Department did a fun display. On November 2nd she retook the ULCT Land Use Academy of Utah Land Use 101 Training as she does every year. On November 4th she attended the League of Women Voters and the High School Debate Team debate on the Utah State Proposed Tax Restructuring and Reform and they did a fabulous job. She watched the County Council meeting on November 6th and part of that was their budget workshop. She received an EMS update email on November 6ththat she forwarded to the rest of Council. EMS is moving forwarded with the new building on the top of 10o North. It will involve demolishing the existing building so EMS, Sand Flats, Trail Mix and the American Legion will be moving out of the building mid -February to mid -March and the American Legion will move into the new building with EMS. She attended a Canyonlands Health Care Special Service District meeting on November nth. The District is working to figure out the budget to deal with the loss of mineral lease funds. The District is also trying to figure out how to fund the matching fund contribution to the DSH (Disproportionate Share Funds) that they have been providing to the hospital. DSH funds help our hospital provide care for patients who don't have insurance, don't qualify for Medicaid or are on Medicaid, so the hospital might be looking somewhere else in the community for the matching funds needed. The Film Commission did a fabulous job with their Moab Showdown on November 8th. She thanked staff for making the Active Shooter Training possible for today. Councilmember Duncan thanked Public Works for fixing a curb for a resident who is blind. He encountered people doing Census stuff at the Folk Festival and wrote a letter to City Communications Director Church asking that Census information be put into some of the City's media because they are actively seeking people to work for them in the Spring. It's $16/hour plus mileage. He said that he keeps getting approached by the church community about their water issues and wanted to know if there was a timeframe of when something might happen. He went to a Grand County Budget meeting that made him appreciate City Finance Director Stenta. He and Assistant Manager Castle participated in the Warming House Center. The Grand County Homeless Coordinating Committee has gotten the idea of putting the homeless citizens up in the Center Street Gym during the evening hours on cold winter nights. Castle said that they were approached by members of the community who saw a need Page 2 of 11 November 12, 2019 and were wondering if the City was willing to pitch in and if the City is willing to allow people to spend the night sleeping in the gym, but they still have details to work out. Councilmember Duncan also went to the Film Commission Competition and hopes that it becomes an annual thing because it was a lot of fun. He attended the regular County Water Board meeting and they are facing issues with instrumenting their water tanks, pumps and wells. He also attended the Arroyo Crossing Community Land Trust Development where they talked about greywater systems, different species, how rain catchment systems work and many other ideas. Councilmember Knuteson-Boyd reported that she attended the Public Lands Roundtable where she spoke with Senator Murkowski and talked about the City's Moratorium and the City's plans and "she called us radical and I was quite proud." Councilmember Guzman -Newton also attended the US Senate Subcommittee on Public Lands, Forest and Mining. She participated in a Key Leaders Board Meeting at the School District. The purpose of the Board is to guide the group to select one complex community issue to address in Grand County. Those involved with the group include Grand County Council members, Moab City, the Chief of Police, the Sheriff, Moab Regional Hospital, the Director of Work Force Services, USU, the Seventh Judicial District Court and the School District. The issue chosen that the group can get behind is a two -pronged approach to intergenerational poverty and she will present something to the Mayor and City Manager soon to see if the City would stand behind it offering funding, space or support for CIB funding in the future. The School District is behind what Moab Community Childcare is trying to accomplish, but they have a bigger goal of reaching 200 families. She announced that if anyone is interested in sharing the message with church congregations or group members about the Census information it would be welcome. The information is important and confidential and over 200 years old. She invited anyone interested who would like to join the Censes to meet in the City Council Chambers at u:oo a.m. on December 9th. The Grand County Library has applied for a $20,000 grant to get locals counted for the Census 2ozo. She attended the Showdown and found that it was a fantastic mix of multi -generational locals to newbies and it was awesome. She attended the Design Advisory Committee (DAC) for the Downtown Parking Structure where they talked about project size, goals and materials. There will be an Open House in the City Council Chambers from 5:0o p.m. to 7:oo p.m. on December 3`d Councilmember Jones reported that he attended the Travel Council Sustainability Subcommittee discussion certification frameworks for encouraging and documenting sustainability in that sector. He attended the Moab Dark Sky's meeting where they reviewed a draft of a public focused plain -English brochure to communicate the intention and substance of the new codes. He met with some University of Utah Students studying tourism related fields to talk about the challenges and opportunities it creates. He attended a Housing Task Force meeting where they had a larger discussion of where they are at and possible next steps. He met with County Council Member McGann, the County Community and Economic Development Director Levine and a couple of Utah Clean Energy staff about HB 411 next steps and the possibility of the County joining the City in their efforts for assertive response to climate change. He also attended a Travel Council meeting and the DAC meeting mentioned by Councilmember Guzman -Newton and he encourages people to go to the Open House because the team working on the Parking Structure has some good ideas about how to make it a real asset to the community both aesthetically and functionally. There was discussion of future meeting dates. Mayor Niehaus told Council that they were trying to add some dates to complete the work for 2019. Discussion followed. It was decided to Page 3 of 11 November 12, 2019 schedule a Special Meeting from 10:0o to noon on November 22nd, a Budget Work Session meeting from 10:0o a.m. to noon on December 6th and their Regular Meeting would remain on December loth, noting that if they don't have Overnight Accommodations decided on and in order for the December loth meeting, they will probably need to have a Special Meeting on December 16th. Administrative Report: City Manager Linares reported that sewer rates would be on the next agenda, so staff is preparing the material for that. Board assignments had been on this agenda, but as it was so close to the election, it was pulled and can be placed on the next agenda or in January. The Moab City Water Reclamation Facility (WRF) was awarded the Wastewater Treatment Plant of the Year by the Rural Water Association of Utah and that is on top of Facility Superintendent and Chief Fosse being awarded Operator of the Year. The award is being given in Salt Lake next Thursday night. He thanked staff for the Moab Showdown. It was only supposed to be a one-time thing when they started, but he really hopes they do it again. He thanked the community for their participation and said that there were 10 teams and they were all local. The Turkey Trot will be on November 16th. He then asked Council if they would table the voting Canvas farther down the agenda as the County Clerk's Office requested more time to process the provisional ballots. Police Chief Bret Edge reported the combat training property they use is owned by SITLA and he has tasked Sgt. Woodard and Sgt. Boots to assist with the clean-up of the property and they are moving ahead. Chief Edge has been with department for over 13 years and the Police Department has only been fully staffed for about 18 accumulative months during that time, but they have one officer in POST training who will graduate in December and another starting in January so they should be fully staffed. That will allow them to be more proactive than they have been in the past. However, even at full staff, it is not enough to do everything that they need and want to do. They have initiated a traffic study program focusing on neighborhood traffic issues. The mobile speed signs gather a lot of information, not just flashing when you are going over the limit. The department has them placed on Millcreek Dr., Kane Creek Dr., Mountain View Dr., 40o East and 30o South and they are seeing some success with it to see how much of an impact they are likely to make with enforcement of the traffic issues. The Department also just started a study on OHV's as there is a public perception that most of them are operating without proper equipment or registration. This study is to determine how many of them are truly operating without proper registration. Chief Edge said that his perception is that fewer of them are operating without proper registration than the general public feels that there are. The Department has dedicated almost 9 hours to this study thus far and counted 166 OHV's and only about 9% were unregistered. Something to note is that not all states issue license plates. Some states only issue a street legal sticker. Some of the other issues that the public brought up regarding OHV's are windshields and turn signals. Windshields not required if they have glasses or a helmet with a face shield and the turn signals on most modern machines are built into the brake lights, so they aren't seen unless they're activated. They will continue with this study as he doesn't believe that 166 units counted is enough for them to know if this is as big of an issue as it is perceived to be. Councilmember Derasary brought up a citizen's request regarding speed and asked how many places they found an issue using the data gathering trailer. Chief Edge said that 30o South has a significant issue with speed, Mountain View has an issue with speed and speed is somewhat of an issue on Mill Creek. Chief Edge reported that the School District received grant funding to purchase seven portable radios for police, Active Shooter Training and school safety. All officers will be receiving detective training and there will be a report writing class. Patrol officers will investigate anything that is a Class B Page 4 of 11 November 12, 2019 misdemeanor and below and the patrol officers will turn over anything that is a Class A misdemeanor or above to the Detectives for investigation. City Manager Linares welcomed Laurie Simonson as the new in-house City Attorney. Citizens to be Heard: Solid Waste Special Service District Chair Evan Tyrrell gave a brief history of the Solid Waste District. Tyrrell addressed the Sustainability Action Plan. He said that the Solid Waste District is almost completely excluded from the plan and recycling was omitted. He is advocating that Solid Waste be included in the discussion. He sent an email to Council today advocating support for the plan. He thinks that the goals in the plan are quite optimistic but that they could be attained. He feels that there should be some additional consultation involved and a few of the items need to be re-evaluated. One thing that needs to be address is the growing waste streams. They saw a 42% increase in solid waste last year. Charlotte Mates- restated her desire for a sustainability plan for transportation and shuttle services and wanted the Council to know that she had met someone at the Lobby Conference in Boulder, Colorado who converts busses into electric buses. She will get that information to Council. Aaron Lindburg with Trail Mix was there to talk about the bike paths and advised Council not to change any rules yet as there is confusion on the BLM changing of the rules. E-bikes easily go 20 mph and he believes that it will become an issue. He thinks it's great that more people are using bikes for transportation but e-bikes on the paths could cause problems. Trail Mix Board Chair Paul Spencer said that there has been a lot of confusion over e-bikes because of the media. He said that BLM is saying that "no motorized vehicles, means no motorized vehicles." BLM is still working on this issue, but the rule has not been passed. He asked that Council wait and then all of them work together, the City, County, BLM and Trail Mix, on a set of regulations. Shik Han was there for the Jeff Pillus Hillside Development. He said that he wanted to make a couple of points as to the justification for the Hillside development. The development will be at the owner's expense and they will be adding 24 large vehicle parking spaces to the downtown area because the UDOT expansion is forcing the loss of 7 parking spots on Main Street that have been used for RV's and oversized rigs. He believes that this will be a good addition to the property, and he asked for Councils support for the approval of the Hillside Development. Old Business: Presentation and Acceptance of Fiscal Year 2018-2oi9 Annual Audit of the City of Moab Discussion: Auditor Jon Haderlie and City Finance Director Stenta gave a brief presentation of his findings. There were no material findings but there are a couple of issues. He reported that the one written issue is that the Sewer Fund is over budget this year and stressed that Council should be receiving budget to actual reports periodically and consistently. He recommended that they review those reports and make sure that they are not coming to the point where they are spending money that they haven't properly budgeted for. The end of the Page 5 of 11 November 12, 2019 year is a good time to review all the funds. One issue that could potentially become a finding is that the Mill Creek fund went into a deficit net position this year of between $15,000 and $20,000 and the Water Fund went into a deficit unrestricted net position by about $33,000. There is a lot of fund balance, but a lot of it is tied up in capital assets and there is about $970,00o that is tied up in construction. To deal with that, the state just requires that in the upcoming year, the City budget should either reduce that by %5 of the revenue, or if it's a small enough amount that is less than the %5, they just eradicate that within the next year. If it was a large deficit, they would have to reduce it by %5 a year until it was gone. To prevent something of a finding next year, Larsen and Company's recommendation would be to budget for and eradicate those deficit net positions. Stenta reported that the Sewer fund overages were due to operational costs as they were making educated guesses with the new facility. Stenta said that there were no long-term concerns and that the City will have a better idea of costs for that facility going forward. Motion and Vote: Councilmember Jones moved to accept the Fiscal Year 2018-2019 Annual Audit of the City of Moab. Councilmember Duncan seconded the motion. The motion carried 5- o. Councilmembers Jones, Knuteson-Boyd, Derasary, Guzman -Newton, and Duncan voting aye. Discussion of Draft Walnut Lane Apartments RFP: Senior Project Manager Myers and Building Inspector Ellison gave an update on the Walnut Lane project and reminded them of the RFP/RFQ that went out earlier in the year. She said that they are in the process of rezoning to R-4 and will be going to the Planning Commission in December and hopes that it will go to Council for approval in January. Ellison received a bid for removing 6 additional trailers. The Solid Waste District and the Health Department have been very helpful as every trailer removed thus far has had some asbestos, but it has all been easily manageable to this point. The maintenance has been a problem, but repairs have been made to the trailers that will remain in the area for a little while longer. Ellison said that they will be going door to door through the neighborhood meeting and explaining what the City is doing and asking for the resident's input, as well as inviting residents to a neighborhood meeting in December. He said that part of the problem with this project is how to move the trailers out without making anyone homeless. There is an empty spot where they can start Phase 1, but there are some maintenance issues such as trees that need to be removed. The RFP was published in July and based on the responses it was more like an RFI or RFQ. The RFP was sent to 5 firms. Contract 1: Feasibility 64 units at or below 8o% AMI and 16 market rate units with a design for 15 or more buildings constructed with a manufactured panel wall system and a range of bedroom sizes. Myers's impression with the RFP is that "there was a high emphasis on sustainability for redevelopment and the major theme through all if it was building to zero energy standards." Most of what they received was multifamily, high density projects and green sustainable projects. The proposals were broken into two contracts, one for feasibility schematic design phasing general evaluation of engineering and design. Myers would like to send the RFP out to more firms. Myers said that there are one or two trailers that need to be moved to allow for better fire access and some legal issues to work through. She said that they are asking for development teams. Their first step will be to build an apartment building to be able to move most of the families into the apartment building to allow for more space in later phases. They want to be able to move families into the apartment building while working on the rest of the property. The goal for the City is not to displace people. The development will be a mix of housing and will not all be apartments. Myers changed the target population to PAD requirements as that only requires that 70 % of the housing be deed restricted. Councilmember Page 6 of 11 November 12, 2019 Jones would like the team to give Council feedback letting them know what options are available as they move through this project. Councilmember Duncan would like to have the language clarified. Myers said that they are trying to make the language more flexible as the City is trying to balance affordability and sustainability and do it in a timely manner. Councilmember Duncan said that the goal is affordable housing and energy efficiency, but if something needs to be sacrificed, he thinks they need to focus on affordability. Councilmember Derasary pointed out that part of what makes a unit affordable over time is energy efficiency. Linares said that everyone is trying to learn as they go to eventually be able to provide affordable and sustainable housing. There are currently 35 trailers on property, with 30-35 families on leases with the City, but possibly 46 families live there in all. Staff would like to make Walnut Lane a walkable community with foot paths, green space and shared spaces. There was extensive discussion regarding resident input on the type of units built and making it culturally appropriate and comfortable. Councilmember Guzman -Newton noted that it was a very disenfranchised community living in Walnut Lane and wanted to know how approaches have been made to try to get the resident's involvement Linares said that the management company has hired a lot of the residents to do some of the clean up on the property and they have been working with the Multi- Cultural Center to help. Mayor Niehaus encouraged them to reach out to Deb Dull as Rocky Mountain Power is looking for projects. Discussion of Draft t Sustainability Action Plan Discussion: Sustainability Director Russo stated that they have started a weatherization program with Clear Results, a subsidiary of Rocky Mountain Power and some Walnut Lane residents have already signed up. Clear Results is going to come down and weatherize 5o trailers and they will do pre 1976 trailers. Russo then presented the Action Plan and she thanked Lisa for all her work on the plan. The new version of the Sustainability Plan (Version 6) is out. Revisions include; add transportation strategies, incorporate strategies from the Mountain 2030 Conference, such as suggestions that are in "Drawdown" by Paul Hawken and some of the things from Dr. Goodall's education partnerships. Russo suggested participation in the 203o Cohort that is helping cities to do inventories. She thinks that it would be good for the City to be part of the Cohort and she has reached out to the High School and USU so that students can learn how to do it and it will be successful planning for sustainability. She explained to Council what has happened since the last version of the Sustainability Action Plan. City Engineering has done a lot of work regarding biker safety and connectivity, the City participates in the National Bike Challenge and has been ranked 17 beating out Park City. She believes that shuttles and mass transportation are a little outside of this Plan. As of now the Plan is about being pedestrian and bike friendly, e-bikes and fleet transitions. She has been working with Enterprise to electrify rental vehicles. The Travel Council has a campaign about carless vacations as has been done in Orlando where they converted all of their rental cars to electric vehicles. She wants to get more people to adopt electric vehicles. Russo also wants to work on a grant for a Pilot Project for a shuttle that would probably need to be done through a partnership with a private entity. She has met with City Fleet Manager Day regarding converting the City fleet's old vehicles to electric vehicles. She said that in the Long -Term the City needs to do a Transportation Master Plan. The City is doing little parts of it and that is the whole idea behind a io-year Plan. Russo then presented the Mountain 203o and said that she had read "Drawdown" and the City is already doing some aspect of nine of the book's top io goals toward sustainability. Next Steps include; approving the Sustainability Action Plan, implement projects identified and grant funded in 2019-2020, review the Solar Energy Innovation Network Roadmap and the Annual Sustainability Progress Update and Quality Control/Assurance Methodology Document. Mayor Niehaus thinks this a great step. However, she would like to look at greywater for all and not just 5,00o square feet and over now that the State of Utah has made it permissible and she feels that Page 7 of 11 November 12, 2019 the City can be more aggressive with Building Standards and energy efficiency. She also feels strongly about tourist and local transportation and the carbon footprint for that. Councilmember Jones would like to see visitor and resident transportation targets and specific building standards higher than baseline for the State of Utah. Councilmember Derasary asked if the mayor could provide language of changes she would like to see as needed next steps to have time to prioritize them and to have the information to study well before the budget. Councilmember Guzman -Newton pointed out pages 4-6 that include Russo's priorities for the next year's budget and asked how the budget had gone for last year. Russo said that she presented a budget last year, but most of the projects were covered by grants. She included a prioritized list of what she would like in the budget for next year in the packet. Councilmember Guzman -Newton noted that composting and recycling take the bulk of the funding that Russo is asking to have allocated for next year. Linares told Council that they already tentatively approved the draft plan, but that it had been brought back before the Council to see if there were any final changes Council wanted to make after some of the meetings that they had recently attended. This item will be placed on the next agenda for adoption. New Business Proposed Resolution 60-2oi9: A Resolution Adopting Vulnerability, Consequences, and Adaptation Planning (VCAPP) Recommendations Discussion: City Water Conservation Advisory Board member and the Watershed Coordinator for Grand and San Juan Counties Arne Hultquist joined Russo for this discussion. Hultquist explained the two-part VCAP workshop that he attended. Part i was an assessment of expected changes in climate and what effects it will have on the area's water. Part 2 was an assessment of what strategies could be considered to mitigate the negative effects of climate change. He discussed the science regarding climate change and what can be done as a community. He went over the basic water budget precipitation and evaporation runoff. The draught year of 2018 saw 23% of normal runoff and the annual temperatures were about 2 degrees higher. On average Grand County will see a 5-degree Fahrenheit increase by 2050. The workshop went over a Moab specific model with significant change by 2035. He went on to explain the different percentages of the reduced annual flows that 5-degree warming will cause. Warming alone has an overall drying effect, the area will see reduced annual flows, which will provide the City with 83% of the water supply the City is currently experiencing by 2050. This warming will mean that the City will see the same amount of precipitation but higher temperatures. There will be less water supply due to evaptranspiration. The City will see the same precipitation but bigger storms, extreme events, heat waves, drought fires and flooding. If anyone would like to research this, they can look at the NOAA ATLAS-14 for Moab, https://hdsc.nws.noaa.gov/hdsc,pfds/fpds map cont.html?bkmrk=ut . The Engineering and Planning departments are involved in helping to decide how to move forward. There was discussion about creating some incentives and a budget line item for residents to apply for grants for residents to incorporate "Slow the Flow" landscaping and other water conserving efforts and amending building codes to incorporate recommendations from VCAP. Councilmember Duncan pointed out that this information is new, and he was hesitant to allocate funds to it at this time. Mayor Niehaus suggested amending two of the bullet points of the resolution to approve them without specific funds attached. She also suggested amending another bullet point and amend residential and commercial building codes to require all new buildings to install greywater valves so that they are greywater ready. The Water Conservation Board would like time to properly vet the greywater recommendations. Motion and vote: Councilmember Knuteson-Boyd moved to table this action item. Councilmember Jones seconded the motion. The motion passed 5-o with Councilmembers Knuteson-Boyd, Jones, Derasary, Duncan and Guzman -Newton voting aye. Page 8 of 11 November 12, 2019 Proposed Resolution 57-2019: A Resolution Adopting a Joint Cooperation Statement Between the City of Moab and Dominion Energy Discussion: Russo stated that the City was approached by Dominion Energy asking to work with the City on some energy efficiency pilot programs and promote "Therm Wise". Councilmember Derasary thanked Russo and asked if Dominion has entered into this type of agreement with other communities and the answer was that Moab would be the first. Motion and vote: Councilmember Jones moved to Adopt Resolution 57-2019 Entering Into a Joint Cooperation Statement Between the City of Moab and Dominion Energy. Councilmember Derasary seconded the motion. The motion passed 4-o with Councilmembers Jones, Derasary, Duncan and Knuteson-Boyd voting aye. Councilmember Guzman -Newton recused herself. Proposed Resolution 61-2019: A Resolution Confirming the Appointment of Rachel Stenta as the City Treasurer. Discussion: Linares stated that the Treasurer position is required by state law and since the position of the Treasurer is within the Finance Department this appointment represents no significant change in duties for the Finance Director. The appointment will reflect minimal job duty additions and consequently no increase in compensation for the Finance Director. Motion and Vote: Councilmember Knuteson-Boyd moved to approve Resolution 61-2019 Confirming the Appointment of Rachel Stenta as the City Treasurer. Councilmember Duncan seconded the motion. The motion passed 5-0 with Councilmembers Knuteson-Boyd, Duncan, Derasary, Guzman -Newton and Jones voting aye. Proposed Resolution 56-2019: Approving a Hillside Development Permit for the Expansion of a Parking Lot for the Hampton Inn Located at 488 N. Main Street, Moab, UT, as Referred to City Council by the Planning Commission Discussion: Planning Director Shepard presented that the Planning Commission forwarded a positive recommendation to Council for this Resolution and included a list of the criteria required for the parking lot with the conditions placed by the Commission. Those conditions include that they work with the City Engineer on storm water and second and that the applicant submit additional information on the retaining wall system for the cut slope that will result from the removal of the hill. There was discussion by Council regarding concerns about setting a precedent for future such requests, the removal of the hill being an eyesore visible from Main Street, the condition of the soil on the cliffside and storm water drainage. Shepard said that such requests would be reviewed on a case by case basis. Engineer Williams joined her and explained the plans and how the retaining wall would work. It should not be visible from the street and will be landscaped and he said that if the Engineering Department determines that it can't be done without causing problems, the developers will probably abandon the project. Motion and Vote: Councilmember Derasary moved to approve Resolution 56-2019: Approving a Hillside Development Permit for the Expansion of a Parking Lot for the Hampton Inn Located at 488 N. Main Street, Moab, UT as Referred to City Council by the Planning Commission Subject to the Conditions of Approval. Councilmember Knuteson-Boyd seconded the motion. The motion passed 3-2 aye, with Councilmembers Derasary, Knuteson-Boyd and Guzman -Newton voting aye and Councilmembers Duncan and Jones voting nay. Proposed Resolution 54-2019: Approving an Agreement Between City of Moab and Utah Department of Transportation for Stormwater Facility Maintenance Briefing and Possible Action Discussion: There was no discussion. Page 9 of 11 November 12, 2019 Motion and vote: Councilmember Knuteson-Boyd moved to approve Resolution 54-zoi9 Approving an Agreement Between City of Moab and Utah Department of Transportation for Stormwater Facility Maintenance. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o with Councilmembers Knuteson-Boyd, Guzman -Newton, Derasary, Duncan, and Jones voting aye. Proposed Resolution 49-2019: Approving an Agreement Between City of Moab and Wang Organization for Wang Utility Construction Discussion: Engineer Williams explained that this Resolution creates a io-year recovery agreement to go in conjunction with Resolution 50-2o19. This will allow Wang to be reimbursed if the project is completed under budget. Motion and vote: Councilmember Knuteson-Boyd moved to approve Resolution 49-zoi9 Approving an Agreement Between City of Moab and Wang Organization for Utility Construction. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Knuteson-Boyd, Jones, Derasary, Duncan and Guzman -Newton voting aye. Proposed Resolution 50-2019: Approving an Agreement Between City of Moab and Utah Department of Transportation for Wang Utility Construction Briefing and possible action Discussion: Engineer Williams explained that this Resolution creates a pass through for Resolution 49-zoi9 and will be beneficial for all parties. Motion and vote: Councilmember Knuteson-Boyd moved to approve Resolution 49-2o19 Approving an Agreement Between City of Moab and Utah Department of Transportation for Wang Utility Construction. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Knuteson-Boyd, Jones, Derasary, Duncan and Guzman -Newton voting aye. Proposed Resolution 62-2019: A Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of Moab as Surplus Briefing and possible action Discussion: There was no discussion. Motion and vote: Councilmember Derasary moved to Approve Surplusing and Selling of a Belt Press to MSD Environmental Services Incorporated for the Current Offer $50,00o and the Sale Go Directly to MSD Without Going to Auction. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o with Councilmembers Derasary, Knutson -Boyd, Duncan, Guzman -Newton and Jones voting aye. Proposed Resolution 58-2019: A Resolution Endorsing the Efforts of the City of Moab Economic Development to Renew the Utah Enterprise Zone in Moab Briefing and possible action Discussion: This was something that had been brought to the Mayor's attention by CPA Gordon Bay saying that this needed to be approved by Council for people in town to continue receiving this tax credit. Linares said that staff has completed the application, but it requires Council to pass a Resolution in support and for that Resolution and a copy of the minutes be included with it. Motion and vote: Councilmember Guzman -Newton moved to Approve Resolution 58-2o19 Endorsing the Efforts of the City of Moab Economic Development to Renew the Utah Enterprise Zone Program in Moab. Councilmember Jones seconded the motion. The motion passed 5-o with Councilmembers Guzman -Newton, Jones, Derasary, Duncan, and Knuteson-Boyd voting aye. Page 10 of 11 November 12, 2019 Canvass of the Moab Primary Election: The Canvassing of Votes from the Moab City Primary Election held on August 13, 2019. This is for the final audit, including those who voted absentee and provisional ballots Discussion: Linares asked Council if they would table the voting canvass as the County Clerk's Office requested more time to process the provisional ballots. This agenda item was postponed. Discussion regarding e-Bikes on paved pathways Discussion and possible direction to stair Discussion: Mayor Niehaus said that the City has received requests from e-Bike riders to consider allowing e-Bikes on the bike paths and staff needs to know whether or not Council is in support of gathering information to determine if there is a benefit in changing to follow the BLM standard Linares stated that the federal funding granted to construct the paths stated that only non -motorized vehicles could be used on them. At that time e-Bikes were classified under federal law as motorized vehicles. The question is if the federal government is changing their definition to no longer include e-Bikes as motorized vehicles. Further Discussion ensued regarding the possibility of speed limits and other options. It was decided that Council would direct staff to investigate options and wait to see what changes BLM makes to their definitions, if any. Approval of Bills: Councilmember Knuteson-Boyd moved approve the bills in the amount of $4236,936.73. Councilmember Jones seconded the motion. The motion passed 5-o with Councilmembers Knuteson-Boyd, Jones, Derasary, Duncan and Guzman -Newton voting aye. Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Duncan seconded the motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Mayor Niehaus adjourned the meeting at 10:23 PM. APPROVED: Emily S. Niehaus, Mayor ATTEST: Sommar Johnson, City Recorder Page of November 12, 2019