HomeMy Public PortalAboutMIN-CC-2018-02-13MOAB CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 13, 2018
Regular Meeting & Attendance: The Moab City Council held its Regular Meeting on the above date in
the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A
recording of the meeting is archived at http://www.utah.gov/pmn/index.html.
Pre -Council Workshop: Mayor Emily Niehaus called the Workshop to order at 6:00 PM. In attendance
were Councilmembers Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd, Karen Guzman -Newton and
Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager
Rachel Stenta, City Attorney Chris McAnany, Public Works Director Pat Dean, Senior Projects Manager
Amy Weiser, City Treasurer Jennie Ross, Police Chief Jim Winder, Planning Director Jeff Reinhart,
Communications Director Lisa Church, Parks, Recreation and Trails Director Tif Miller, Assistant Police
Chief Bret Edge, members of the Moab Police Department and Records Specialist Eve Tallman.
The Workshop began with a presentation regarding a proposed Arches National Park (Arches)
reservation system. Park Superintendent Kate Cannon presented data demonstrating dramatic increases
in visitation since the 2013 inception of the "Mighty Five" advertising campaign promoting Utah's
national parks. She spoke about crowded parking and roads, congestion at the entrance booth, and
hourly trends showing low -use hours and explained the proposed reservation system for the months of
March through October. She also described potential commercial shuttle services that could transport
passengers. She stated there was a plan to allow for 25 percent visitation on a first -come -first -served
basis. She posited that extending the season of visitation in Arches could extend the tourist season in
Moab in general. She explained the Park's process for soliciting public input and creating the draft plan.
Councilmember Jones asked if other parks have reservation systems, and she explained that some
monuments require tickets, which is akin to a reservation system. She noted Muir Woods is about to
begin a reservation system. Councilmember Guzman -Newton asked if there was a limit of 2,006
vehicles per day. Cannon explained the computerized method of monitoring the 2,006 vehicles allowed
between 7am and 6pm. Councilmember Derasary thanked Cannon for the effort to alleviate the
congestion at the Park and asked about the proposed shuttle service. Cannon stated the Park would
advertise for a limited number of Commercial Use Authorizations (CUAs). Councilmember Derasary also
asked about alternative fuel vehicles and Cannon noted these vendors would get favorable ratings in
their bids. Derasary also asked about visitation to the Fiery Furnace, and Cannon noted that if you have
a Fiery Furnace reservation, you don't need an entrance reservation. Cannon stated she is looking for a
legal way to offer reservation -free access for local residents. Councilmember Knuteson-Boyd asked
about other Park entrances and Cannon explained she is planning to keep other entries open and
clarified she is not allowed to make plans beyond the boundaries of the park. Councilmember Duncan
stated he has heard about the fear of a dramatic drop in business downtown. He stated he doesn't
agree that visitors would rather wait for hours in line to get into the park in lieu of a reservation. Cannon
stated she was charged with maintaining a quality visitor experience. The mission of the park was
discussed. Councilmember Duncan explained the background of the resolution crafted for the Council.
Councilmember Jones stated he had heard many concerns from citizens and commented that he felt the
Park was open to feedback and hoped for continued responsiveness. Cannon said the proposed system
is adjustable and added the resolution will help her cause. Councilmember Guzman -Newton asked if
Cannon makes the final decision and Cannon clarified that she would propose the plan to her superiors.
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Mayor Niehaus opened the discussion to allow citizens to address Cannon with questions and
comments. Ashley Korenblatt stated that that the Park is the main draw for many tourists to Moab and
most visitors spend a lot of time utilizing adjacent public lands as well, so keeping the quality of the
experience high on those public lands is just as important as at Arches. She noted the quality of the
visitor experience is important when viewing the proposal through a business lens. She presented a
letter signed by local business owners in support of the proposed reservation system. Brian Martinez
asked about Commercial Use Authorizations and commented that the park was overselling those
permits. He added that there is not enough park staff to monitor and control backcountry destruction.
Kelly Green asked about a through -put at Willow Springs and asked about which non -Park entities would
need to be involved in the development of a new road. Cannon replied that it would involve not only the
Park Service but also the State, School and Institutional Trust Lands Administration (SITLA), the Bureau
of Land Management, and the Railroad. She noted all the entities would not only have to agree on such
a development, but would also have to fund it. Cannon expressed that the problem in the Park involves
congestion and lack of parking once visitors enter the Park. Nancy Orr asked about whether the
reservation system would be first -come -first -served or a lottery. Cannon stated she was not yet sure and
she was not in favor of a system whereby all reservations would be available at one time. Colin Fryer
stated his input had received no credible attention. He proposed expanding into the parkland by
building gravel parking lots and using undeveloped park areas for picnic tables. He also proposed a new
road from Devil's Garden to Highway 191. Fryer asked Cannon if she had explored working with other
agencies to develop a road and she replied she had not since the proposed road did not meet the
requirements of solving the congestion problem.
The Workshop continued with an update on the implementation of the Affordable Housing Plan. Senior
Projects Manager Weiser updated the Council on progress toward the local assured housing policy. She
mentioned the Planned Area Development (PAD) mechanism and talked about the opportunity for
zoning changes. She brought up the Affordable Housing Fund in the City's Budget, which has a balance
of $75,000. She asked the Council to consider creating a permanent funding source for this line item,
and asked about regular contributions to the Moab Area Community Land Trust, which is described at
www.moabclt.org. Weiser also brought up opportunities such as land sales, land swaps, and creating an
incentive program for deed -restricted housing developments. She mentioned the existing density bonus
in the Planned Unit Development (PUD) section of the code for affordable housing units within a new
development. Weiser presented a goal of adopting an assured housing policy by February 2019. She
mentioned the next step would be to complete the NEXUS analysis. There was a discussion of Council
priorities and Weiser requested a specific housing workshop separate from a regular council meeting or
reassigning the topic to a future council agenda.
Regular Meeting Called to Order: (1:00 on recording)
Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of
Allegiance. Forty-five members of the public and media were present.
Approval of Minutes: Councilmember Duncan moved to approve the minutes of the January 20, 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 Jones moved
to approve the minutes of the January 22, 2018 meeting. Councilmember Duncan seconded the motion.
The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and
Duncan voting aye.
Mayor and Council Reports:
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Mayor Niehaus reported that she was learning about Pay for Success Financing, and had attended Local
Officials Day at the state legislature. She listed several meetings she had attended and highlighted the
meeting with officials from Park City.
Councilmember Duncan mentioned his work on behalf of the City regarding water and noted that,
according to the Utah Division of Water Rights' Regional Engineer Marc Stilson, all of Moab City's water
rights are perfected. He also brought up that he had learned 70 percent of Park City's residences are
second homes and there it a city property tax on second homes.
Councilmember Derasary also mentioned the recent meeting with Park City officials regarding social
equity initiatives and commended Moab's Multicultural Center. Derasary also reported on a recent
Trailmix meeting and a meeting of the Uranium Mill Tailings Remedial Action (UMTRA) group and noted
the upcoming opportunity for a visit to Washington DC to lobby for continued funding of the removal of
the Moab tailings pile. Derasary also discussed the activities of the Utah League of Cities and Towns
(ULCT) legislative committee and noted House Bill 175 which seeks to create a nine -member committee
to scrutinize the acts of local governments. She also reported on House Bill 361 which would prohibit
local governments from controlling placement and features of billboards.
Councilmember Jones noted meetings he had attended, including with the dark skies group, the Local
Officials' Day at the legislature, a Wattsmart session, and the Solid Waste district, which is working on a
waste reduction plan.
Councilmember Guzman -Newton reported she also attended Local Officials' Day, and participated in a
workshop on holding public office. She mentioned her attendance at a school district meeting which
dealt with drug interventions and Communities That Care. She noted that at a meeting of the airport
board, she learned the airport construction is ahead of schedule and that there are currently several
jobs for the Transportation Safety Administration (TSA) and SkyWest Airlines. She concluded with a
report that she is chair of the airport art committee.
Councilmember Knuteson-Boyd reported she also attended Local Officials' Day and the meeting with
officials from Park City. She noted she had been writing many letters to legislators as a citizen.
Administrative Reports:
City Manager Everitt introduced Chief Winder, who introduced his selection for Assistant Police Chief -
Bret Edge and praised the work that Edge has done on behalf of the Police Department and the Moab
community. Several members of the law enforcement community were in attendance in support of
Edge. The audience communicated approbation with long-lasting applause.
Everitt reported he had been attending the legislature's rural caucus meetings and mentioned bills
related to the Transient Room Tax (TRT). He also commented he had not seen proposed short-term
rental legislation yet, and noted a recently -proposed bill regarding law enforcement officer retirement,
another regarding administration of food truck businesses and concluded with mention of legislative
oversight bills. Everitt also mentioned a recent meeting with the Utah Department of Transportation
(UDOT) which mentioned realignment of an intersection of 400 North, and he outlined several projects
in process, including Requests for Proposals (RFPs) for public works and planning, as well as a Request
for Qualifications (RFQ) for a water rights attorney. He concluded his report with a brief update on the
budget planning process, a recent meeting he attended of the Moab Area Travel Council, and the
Council resolution on the park reservation system. Councilmember Derasary asked Everitt about the
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February 13, 2018
flashing speed limit sign on 300 South and suggested the sign was too close to 400 East and asked if the
sign could be moved farther west to ensure motorists could see it. Derasary also asked for an update on
the issue of idling semi -trucks on Highway 191, and also mentioned the speed limit changes and Everitt
responded that he would ensure the City considers a comprehensive look at speed limits around town.
Citizens to be Heard:
Christy Calvin spoke about the April Action Car Show at Swanny Park. She asserted the City allows more,
louder, and bigger events at the Park. She cited live music events during Farmers' Market, beer sales,
sound amplification at races and generators, suggested all were inappropriate in the R-2 residential zone
and C-3 commercial zone of the Swanny Park neighborhood. She stated that the traffic congestion and
noise involving Car Show and other large events caused her family to leave town during the events. She
asked for a freeze on new events and asked that residents be appointed to the Special Events
committee. Calvin provided Councilmembers with a handout that described code violations of the car
show event, including excessive noise during legal quiet hours and persons illegally camping in vehicles
at the park during events. She recommended the Car Show venue be changed to the Arena and ball
fields south of town.
Bob Phillips spoke about the Arches National Park reservation system proposal. He stated he supported
the Council resolution although he stated his skepticism about part of the resolution that inferred that
the reservation system could alleviate Moab's affordable housing problem. He suggested banning motor
vehicles from the Park.
Joelle Riddle and Max Schon spoke about the business license renewal fee for their food truck
establishment. Riddle commented that she felt the $960 renewal fee was exorbitant as restaurants have
only a $90 renewal fee.
Sara Melnicoff spoke in support of the Arches National Park reservation plan.
Wendy Young submitted written comments during the Citizens to be Heard period. She suggested
moving the Car Show and other large events to a better location. She noted that as a resident of Park
Drive, "we experience the traffic noise and inconveniences of a lot of major events put on at Swanny
Park. It is great to have it in town where it is easily accessed." She suggested enforcing/creating noise
ordinances, limiting the number of events and the size of events with large events hosted elsewhere.
She added that notifying residents in the area of events, road closures, etc. would also be appreciated.
Lara Derasary submitted written comments during the Citizens to be Heard period. She requested that
all neighborhoods impacted by road closures for special events be notified, either by special notice in
the newspaper or by letter. She noted that her home on Wingate Avenue, as well as homes in her
adjacent neighborhood, are impacted by road closures for the Half Marathon. She also noted that left
turns from 500 West northbound onto Highway 191 were also not allowed during some busy weekends.
She concurred with Christy Calvin about including affected residents in discussions regarding special
event approval and future mitigation of noise and other concerns for events negatively impacting R-2
zones.
SPECIAL EVENTS/VENDORS/BEER LICENSES/SOLICITORS:
April Action Car Show:
Mayor Niehaus separated each portion of the Car Show permissions into separate votes.
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Motion and Discussion: Councilmember Derasary moved to approve a Special Events License for Moab
Rotary April Action Car Show to be held April 27 to 29, 2018 at Swanny City Park. Councilmember
Knuteson-Boyd seconded the motion. Councilmember Jones offered an amendment to limit noise in the
area and prohibited the use of generators before 7:00 AM, which Derasary and Knuteson-Boyd accepted
to the motion. Citizen Calvin noted City code establishes quiet hours until 9:00 AM on Saturdays.
Vote: The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and
Guzman -Newton voting aye.
Motion and Discussion: Councilmember Knuteson-Boyd moved to approve Special Use of Swanny City
Park for the April Action Car Show to be held April 27 to 29, 2018. Councilmember Jones seconded the
motion. Councilmember Knuteson-Boyd stated that, in view of comments, she noted that the Car Show
was asked to change the venue but the hosts did not do it. She recommended the City needs to require
a plan to move. Councilmember Derasary agreed with Knuteson-Boyd and asked for staff suggestions.
There was discussion about data held by the Moab Area Travel Council regarding the number of events.
Rotarian Joe Kingsley stated he has been involved with the Car Show for decades. He mentioned he had
a strong feeling that the Rotary Club would move the Car Show next year.
Vote: The motion carried 4-1 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd and Duncan
voting aye and Guzman -Newton voting nay.
Motion and Discussion: Councilmember Knuteson-Boyd moved to approve a Request for Waiver of
Swanny Park Use Fee in an amount not to exceed $1,425. The motion did not receive a second and
therefore failed. Councilmember Derasary moved to approve a Request for Waiver of Swanny Park Use
Fee in an amount not to exceed $400. Councilmember Duncan seconded the motion. Discussion ensued
regarding the waiver amount. Kingsley was asked how a reduction in the amount of the waiver would
impact the Rotary. He stated all the proceeds fund scholarships and therefore there would be $1,000
less for scholarships. Councilmember Jones asked about the need for a generator and Kingsley stated
the generator powers an ATM (cash) machine and power for food vendors. Councilmember Derasary
asked about expenses borne by the City involving the event with regards to law enforcement.
Councilmember Duncan also asked what expenses could be expected and City Manager Everitt stated
the fees usually cover damage to the park, reseeding damaged grass, and the like. Councilmember
Knuteson-Boyd suggested more discussion is needed in general regarding fee waivers for charity events.
Derasary stated she felt the $400 figure was more in keeping with the usual amount waived for charity
events.
Vote: Councilmember Knuteson-Boyd moved to table the fee waiver motion. Councilmember Derasary
seconded the motion to table. The motion to table passed 4-1 aye with Councilmembers Derasary,
Knuteson-Boyd, Guzman -Newton and Duncan voting aye and Councilmember Jones voting nay. The fee
waiver request was tabled until the next regular meeting.
Real Estate Company of Moab Anniversary —Approved
Motion and Vote: Councilmember Jones moved to approve Permits, a Class IV Special Event Retail Beer
License, and Local Consent for a Single Event Permit for Real Estate Company of Moab's Ten -Year
Anniversary on April 7, 2018 at 50 East Center Street. Councilmember Knuteson-Boyd seconded the
motion. Rachel Moody described the event and extended an invitation. The motion passed 5-0 aye with
Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Moab Cowboy Country Off Road Adventures —Approved
Motion and Vote: Councilmember Derasary moved to approve a Private Property Vendor License for
Christine and Kent Green, doing business as Moab Cowboy Country Off Road Adventures located at 83
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South Main Street for a term of March 1, 2018 to February 28, 2019. Councilmember Duncan seconded
the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -
Newton and Duncan voting aye.
Consent Agenda: (2:11 on recording)
Mayor Niehaus separated the Consent Agenda into separate votes on each item.
Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #07-2018 — A
Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of
Moab as Surplus and Authorizing Disposal of Said Property. Councilmember Duncan seconded the
motion. Councilmember Derasary asked about City protocols regarding disposal of electronic
equipment. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan
and Guzman -Newton voting aye.
Motion and Vote: Councilmember Jones moved to approve Task Order 18-01 with Bowen Collins and
Associates for the 150 West Pedestrian Bridge Redesign in an amount not to exceed $6,825.
Councilmember Duncan seconded the motion. Councilmember Jones noted the profusion of pedestrian
bridge redesigns. City Manager Everitt explained each project was convoluted with concerns of adjacent
property owners and private property issues. The motion carried 5-0 aye, with Councilmembers
Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #08-2018 — A
Resolution Amending the Park and Facilities Fee Schedule for the Center Street Gym. Councilmember
Guzman -Newton seconded the motion. Councilmember Jones asked about the variation in commercial
use fees and Parks, Recreation and Trails Director Miller explained the scale of use of a Half Marathon
event versus a kids' summer camp. The motion carried 5-0 aye, with Councilmembers Derasary, Jones,
Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Motion and Vote: Councilmember Duncan moved to approve Proposed Resolution #09-2018 — A
Resolution Memorializing the Designation of Councilmembers and Staff as Liaisons to Various
Community Boards and Organizations. Councilmember Jones seconded the motion. Councilmember
Derasary raised a concern about the variation of the list presented with the resolution and how it
differed from the list included in the minutes of the January 20 special retreat meeting. City Manager
Everitt suggested the list in the resolution reflected Council appointments mainly, and staff
appointments were reflected when a Councilmember was not involved on the board or committee.
Councilmember Jones noted City representation in the Forest Plan Revision process was lacking and
noted the County Council had a Public Lands liaison. City Attorney McAnany stated the City Council
could also designate such a person. Jones commented that the City has interests involving wilderness
values and public lands. The motion carried 3-2 aye, with Councilmembers Jones, Duncan and Guzman -
Newton voting aye and Councilmembers Knuteson-Boyd and Derasary voting nay.
Motion and Vote: Councilmember Duncan moved to approve a Contract by and between the City of
Moab and Dorsett Technologies to furnish a Supervisory Control and Data Acquisition (SCADA) System
for the City of Moab's Culinary Water System in a total cost not to exceed $150,000. Councilmember
Derasary seconded the motion. Public Works Director Dean explained that SCADA systems may be
intended for many things, and this one will monitor culinary water pressure, water levels, leak
detection, and more. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-
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Boyd, Duncan and Guzman -Newton voting aye.
Old Business: (2:38 on recording)
Planning Commission Priorities —Approved
Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #10-2018 — A
Resolution Memorializing the Moab City Planning and Zoning Commission's Priorities for 2018.
Councilmember Duncan seconded the motion. Councilmember Jones proclaimed that he applauded the
staff, Planning Commission members, and the Council for their efforts. Councilmember Guzman -Newton
brought up the proposed Small Area Plan for the Powerhouse area. Councilmember Duncan asked about
the time -frame for the priorities and it was clarified the list is for 2018. The motion passed 5-0 aye with
Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Waste Hauling Rates —Approved
Motion and Vote: Councilmember Jones moved to Proposed Resolution #11-2018 — A Resolution
Modifying Waste Hauling Rates. Councilmember Derasary seconded the motion. The motion passed 5-0
aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
New Business:
Administrative Work Plan —Approved
Motion and Vote: Councilmember Duncan moved to approve Proposed Resolution #12-2018 — A
Resolution Endorsing the City of Moab 2018-2019 Administrative Work Plan. Councilmember Derasary
seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-
Boyd, Guzman -Newton and Duncan voting aye.
Short-term Rental Uses —Approved
Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #13-2018 — A
Resolution of the City of Moab, Town of Castle Valley and Grand County Utah to Maintain Local Zoning
Authority over Short-term Rental Uses. Councilmember Jones seconded the motion. It was noted the
state -level elected officials asked for a joint resolution. Mayor Niehaus thanked Councilmember
Derasary for her efforts on this matter. Discussion ensued regarding one point of the resolution that
dealt with the legality of advertising for an illegal use. The motion passed 5-0 aye with Councilmembers
Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Arches National Park Reservation System —Tabled
Motion and Vote: Councilmember Duncan moved to approve Proposed Resolution #14-2018 — A
Resolution Supporting the Proposed Arches National Park Reservation System. Councilmember Jones
seconded the motion. Councilmember Knuteson-Boyd stated she was not ready to vote. She noted she
supports the reservation system but doesn't agree with several points regarding the reservation
system's purported effect on affordable housing, extending the retail season and year-round
employment opportunities. She also noted the resolution did not extend kudos for the efforts of park
staff to try to solve the congestion problem. Councilmember Jones concurred with what he stated was
factual overreach. Councilmember Guzman -Newton also noted she disagreed with the last point
regarding housing, employment and the tourist season. Councilmember Knuteson-Boyd moved to table
the vote. Councilmember Guzman -Newton seconded the motion to table. The motion to table passed 3-
2 aye with Councilmembers Derasary, Knuteson-Boyd and Guzman -Newton voting aye and
Councilmembers Jones and Duncan voting nay.
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Approval of Bills Against the City of Moab: Councilmember Guzman -Newton moved to pay the bills
against the City of Moab in the amount of $1,951,308.73. Councilmember Jones seconded the motion.
Guzman -Newton noted a one-time late fee payable to the Permanent Community Impact Board (CIB) in
an amount of $6,000 and it was discussed that the fee was concerning and an investigation of CIB
billings to other agencies was being pursued by the Local Government Trust. The motion carried 5-0 aye,
with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Adjournment: Councilmember Jones moved to adjourn the meeting. 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 adjourned the meeting at 9:07 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
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