MOAB CITY COUNCIL MINUTES REGULAR MEETING. Regular Meeting & Attendance: The Moab City Council held its Regular Meeting on the above date in

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1 MOAB CITY COUNCIL MINUTES REGULAR MEETING 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 Pre Council Workshop: Mayor David Sakrison called the Workshop to order at 5:00 PM. In attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson Boyd, Kyle Bailey and Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, Deputy Recorder Danielle Guerrero, and Interim Police Chief Steve Ross. Arriving after the first workshop topic were City Attorney Chris McAnany, Public Works Director Pat Dean, City Treasurer Jennie Ross, Community Services Director Amy Weiser, Planning Director Jeff Reinhart, Planning Assistant Sommar Johnson, and Assistant City Engineer Mark Jolissaint. The Workshop began with an Employment Interview between the Governing Body for the Appointed Position of Police Chief and candidate Keith McPheeters. Councilmember Derasary began the interview with a question related to Mr. McPheeters resume cover letter. He spoke about the habituation of law enforcement to respond to incidents in an isolated manner; he stated it is his philosophy to address the source of the incident and to spend more time relating to the causes in addition to dealing with isolated events. He gave an example of a juvenile shoplifter and spoke of the importance of engaging community members to act as mentors. Councilmember Bailey asked about school resource officers and McPheeters stated he was a strong proponent of such officers and had written a successful grant to hire six officers. Councilmember Derasary asked what McPheeters top ten things were that he would focus on in the Moab Police Department. He spoke about the angst of the department s staff, community relations to restore the community s trust and respect for the department, professionalism and accreditation, budget, grant writing, and public input. Councilmember Knuteson Boyd asked about his approach to dealing with a combative person who was most likely mentally ill. McPheeters acknowledged that police departments have been slow to recognize the requirements for dealing with this population. He continued that officers can be taught to use weapons and how to deal with combative persons and are taught less about the cause of the combativeness. He asks his officers to remember they are there to help and to use their skill set to intervene and de escalate situations and slow things down, and to not make things worse. Councilmember Jones asked about McPheeters approach to recruiting, hiring, and training staff. He stated he could teach people how to do their jobs but he could not teach them how to respond to an ethical or moral dilemma. He stated the importance of screening for communication skills and listening skills. Page 1 of 8

2 Councilmember Bailey asked why McPheeters is interested in Moab. He stated he is from Utah and he is an outdoorsman and appreciates, understands, and enjoys Utah. He would like to make a positive difference. He is retired from his role as police chief of Farmington, New Mexico. Mayor Sakrison asked about his approach to Moab s diverse population and the specter of deportation. McPheeters responded that the mission of the police department is to ensure that Moab is a safe community and that there is no discrimination against any person who is victimized or is in need of services. He continued that there is also no bias against criminals. He emphasized interagency cooperation to deal with criminals. Councilmember Ershadi asked about community policing. McPheeters replied that Farmington has a very diverse workforce, and he described the value of that diversity. Councilmember Derasary asked about mistakes he had made in his career, and he stated he felt mistakes create learning experiences, and he described an incident. She also asked him about how he can prepare for trends before they become concerns. He cited his research and readings regarding law enforcement nationwide. Councilmember Bailey asked about gang activity and McPheeters cited his approach to enlisting Federal agents to press charges in his campaign to remove repeat offenders from his community. Councilmember Jones asked about drug enforcement and cited Moab s proximity to Colorado where recreational marijuana is legal. Jones wondered about the role of the police department in enforcement beyond serious crimes such as violence or property destruction. McPheeters responded that he has strong opinions about the unlawful and inappropriate use of drugs and alcohol and the effect such activities have on families and communities. He gave an example of theft and its impact on tourists and the psyche of crime victims. He cited the culture of drug trafficking and said low tolerance within the community may effectively combat its influence. He said his officers would be trained to dissuade drug activity. He cited the impact of Colorado s drug trade on Farmington. He stated the importance of heading off a family cycle of criminality. McPheeters concluded with his praise for Moab and his hope to have a positive impact on the community and the police department. He encouraged Council to contact officials in Farmington. Executive Session: At the conclusion of the interview, at 5:59 PM, Councilmember Jones moved to enter an Executive Closed Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Derasary seconded the motion. The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. Councilmember Jones moved to end the Executive Closed Session and enter into open session. Councilmember Knuteson Boyd seconded the motion. The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. The Executive Closed Session ended at 6:29 PM. Continuation of Workshop (49:50 on recording) The Workshop continued with a discussion of various topics, including: the golf course lease, water Page 2 of 8

3 source protection at the course, in town speed limits, radar speed detectors, correspondence received from citizens, and vacating an easement that the City has never used. City Planner Jeff Reinhart provided an update on a subdivision with Covenants, Conditions, and Restrictions (CC&Rs) at issue. City Attorney McAnany discussed the City s role with regard to land use applications and basic legal feasibility. He stated the City does not become involved in a conflict regarding covenants. Councilmember Derasary recommended the City should publish information for the community regarding the rules surrounding short term rentals in the aftermath of passage of House Bill 253. Discussion ensued about short term rentals. Regular Meeting Called to Order: (1:12 on recording) Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. Twenty members of the public and media were present. Approval of Minutes: Councilmember Jones moved to approve the minutes of the April 4, 2017 meeting. Councilmember Knuteson Boyd seconded the motion. The motion carried 4 0 aye, with Councilmembers Bailey, Ershadi, Jones, and Knuteson Boyd voting aye. Councilmember Derasary moved to approve the minutes of the April 11, 2017 meeting with corrections. Councilmember Jones seconded the motion. The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. Citizens to be Heard: The following Citizens were heard: Barry Van Der Horst spoke about his vehicle, which was impounded. He sought the return of his vehicle, which he stated was towed without cause. City Manager Everitt stated he would look into the matter the next day. Dr. Ray Andrew spoke about his difficulty with building a new family medical facility with the commercial sewer connection moratorium in place. John Wolfe asked questions about the golf course. Student of the Month: Mayor Sakrison presented Avery Braithwaite with the Mayor s Student Citizenship of the Month Award for April, 2017 for Helen M. Knight School. Mayoral Proclamation: Mayor Sakrison presented an Arbor Day Proclamation. Presentation on a Riparian Plan (1:29 on recording): Kara Dohrenwend gave a presentation on a proposal to create a riparian plan on behalf of the Utah Riparian Partnership. She described work on Mill Creek and Pack Creek clearing Russian olive trees. To date they have cleared about 150 acres and revegetated. The group has focused on watershed restoration, utilizing Bureau of Land Management (BLM) and other grants. She presented the need for a Moab watershed plan, including a public education initiative for new residents and new government leadership. She mentioned the Tamarisk Coalition has funding but requires a 40% match for planning, monitoring, and maintenance. Dohrenwend concluded with mention of issues of invasions of Ravenna Grass and Arundo. Page 3 of 8

4 Public Hearings: At 7:23 PM, Mayor Sakrison opened a hearing for Public Input on Proposed Ordinance # An Ordinance Amending the City of Moab Municipal Code Sections B and C to modify the Sewer Impact Fee Schedule and for Public Input on Proposed Ordinance # An Ordinance of the Governing Body of Moab Annexing Property Located at 1520 North Highway 191 to the City of Moab. Citizens Heard: Lisa Carter spoke about the sewer impact fee schedule and the 20% increase for service in addition to another increase in the recent past. She expressed her concern about her property taxes also increasing and the hardship for working residents to keep up with these increases on typical Moab wages. She noted that the burden of infrastructure costs should be shifted to tourists who have a greater impact than year round residents. Mayor Sakrison explained the background of the rate study and City Attorney McAnany explained the proportional billing for commercial and residential new connections. Councilmember Bailey explained further and Mayor Sakrison invited Carter in for further explanation. Councilmember Ershadi noted that the Council is consistently mindful of the financial burden fees imposed on residents. Jeffrey Adams spoke about the sewer impact fees and asked if the San Juan Spanish Valley connections are reflected in the impact fees. City Manager Everitt noted that those San Juan connections are billed through the Grand Water and Sewer Services Agency. Special Events/Vendors/Beer Licenses: Motion and Vote: Councilmember Ershadi moved to approve licenses and permits for Approval of a Residential Neighborhood Street Vendor License for Dennis Dresslar, doing business as Weely Cool to Conduct a Pedal Powered, Tricycle Selling Pre Packaged Ice Cream Treats for a Term of June 1 to September 30, 2017 and April 1 to May 31, Councilmember Jones seconded the motion. The motion carried 5 0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson Boyd voting aye. CONSENT AGENDA Approved (1:47 on recording) Motion and Vote: Councilmember Jones moved to approve the Consent Agenda. Councilmember Knuteson Boyd seconded the motion. The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. The following items were approved: 1) Consideration to Adopt Proposed Resolution # A Resolution Approving an Improvement Agreement for Moab Bolt, LLCP on Property Located in the C 1 Commercial Residential Zone at 245 W. North MiVida Drive 2) Consideration to Adopt Proposed Resolution # A Resolution Approving the Vacation of an Unused Water Line Easement on Property Located in Grand County at 2720 East Bench Road 3) Consideration to Adopt Proposed Resolution # A Resolution Approving Phase II of the Portal RV Master Planned Development on Property Located at 1261 North Highway 191 in the RC Resort Commercial Zone 4) Approval of Proposed Resolution # A Resolution by the Moab City Council to Adopt the City of Moab Tentative Budget For Fiscal Year and Setting a Public Hearing for Review of the Final Budget on May 9, 2017 at 7:15 PM Page 4 of 8

5 5) Consideration and Possible Approval of a Procurement Exception as Allowed by Moab Municipal Code (B) State Approved Contracts/National Joint Powers Alliance (NJPA), For an Equipment Purchase with Tony Divino Toyota for a 2017 Toyota Highlander Hybrid (Budgeted Pool Vehicle) not to exceed $34,000 Old Business (1:51 on recording): Motion and Vote: Annexation of Property Approved Councilmember Bailey moved to approve Proposed Ordinance # An Ordinance of the Governing Body of Moab Annexing Property Located at 435 River Sands Road to the City of Moab. Councilmember Knuteson Boyd seconded the motion. The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. Motion and Vote: Scheduling Public Hearing for General Plan Approved Councilmember Jones moved to schedule May 23 for the Public Hearing of the 2017 City of Moab General Plan as Referred to Council by the Planning Commission. Councilmember Bailey seconded the motion. The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. Motion and Vote: Improvement Agreements for Hyatt Place Approved Councilmember Jones moved to Adopt Proposed Resolution # A Resolution Approving the Improvements Agreement For Hyatt Place On Property Located At 890 North Main Street In The C 4 Commercial Zone. Councilmember Derasary seconded the motion. Councilmember Knuteson Boyd recused herself because a family member is involved with the project. The motion passed 4 0 with Councilmembers Bailey, Jones, Ershadi, and Derasary voting aye. Proposed Budget Discussion City Manager Everitt presented a brief update regarding Proposed Fiscal Year Budget, and he solicited questions or comments from the Council. Councilmember Derasary asked about money set aside for affordable housing and she inquired whether some of those reserves would be used to fund the nexus study. She asked if the Council wanted to budget more for affordable housing. She also asked if there was sufficient money in the budget to support the City s efforts to update the code. City Manager Everitt responded that the affordable housing money is still set aside, and the planning department is expecting to have enough funds for consultants and staff for code changes, although there is an opportunity mid year to augment the funding if need be. Sewer Connection Moratorium Discussion: City Manager Everitt then moved on to update the Council on the status of the Waste Water Treatment Plant Connection Moratorium. He confirmed that staff recommends there is no need to continue the moratorium. He said the plant has had its best season in years, with only one violation of effluent levels, and that incident occurred during repair work. Councilmember Bailey asked when construction begins, and the reply was May 1. Councilmember Derasary asked if the moratorium ended, would the City begin accepting septage againthe reply was that septage will not be accepted until the new plant is completed. Councilmember Jones asked if there had been any recent mechanical crises, and the answer was no. City Manager Everitt stated that the Plant does use a great deal of culinary water to function. Page 5 of 8

6 Councilmember Ershadi asked for confirmation of the expected completion date, and the reply was October New Business: (2:09 on recording) Municipal Wastewater Planning Program Approved Motion and Vote: Councilmember Jones moved to approve Proposed Resolution # A Resolution Approving a Municipal Wastewater Planning Program. Councilmember Derasary seconded the motion. The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. Councilmember Jones asked if this was a new process and Public Works Director Pat Dean indicated it was an annual process and this is the first time it has been presented to Council for approval. Mayor Sakrison noted that the wastewater treatment plant is 77 years old. Discussion: Affordable Housing Plan Implementation Community Services Director Amy Weiser presented a proposed action plan regarding the Affordable Housing Plan Implementation. She requested that the Council establish its top five goals for the implementation. She pointed out topics the task force has discussed, including the following: adoption of an assured housing ordinance to overcome barriers to affordable housing, working to accommodate zoning requirements for tiny homes and similar structures, taking a housing inventory by type, and working to ensure new developments have deed restrictions to ensure affordable housing is included. Councilmember Ershadi asked about the County s effort to allow temporary housing structures. Weiser explained there were differing opinions between the Building Officials and the Community Development Director. There was discussion of allowing up to five recreational vehicles or tiny homes on a property in the County. Weiser stated she would research this further and report to Council. Councilmember Ershadi next asked about Planned Unit Developments (PUDs) in the R 2 Residential zone. City Manager Everitt asserted that the Planning Commission favors it, and it is up for discussion at the next meeting. Councilmember Derasary outlined numerous items to consider and Councilmember Jones noted he had already written his recommendations. Permanent Community Impact Funding Board Grant for Utah State University (USU) Approved Motion and Vote: Councilmember Derasary moved to approve a Permanent Community Impact Funding Board (CIB) Grant in the Amount of $726,241. Councilmember Knuteson Boyd seconded the motion. The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. Weiser explained that this motion acknowledges the award of the grant and is separate from any other action regarding a loan or other obligations. Mayor Sakrison stated a meeting with the president of USU is expected. Weiser said she would update the Council on progress. Contract for Hydrologic Analysis of the Moab Valley Watershed/Aquifer Approved Motion and Vote: Councilmember Jones moved to approve a Budgeted Contract for Hydrologic and Environmental System Analysis of the Moab Valley Watershed/Aquifer and Water Source Protection Plan Updates to Hydrologic Systems Analysis, LLC in an amount not to exceed $50,000. Councilmember Derasary seconded the motion. The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. Page 6 of 8

7 Mayoral Recommendation for Water Conservation Board Appointments (2:27 on recording) Discussion: Mayor Sakrison proposed a slate of candidates for the Moab Water Conservation and Drought Management Advisory Board, as follows: Arne Hultquist for a three year term, Kara Dohrenwend for a three year term, Sarah Sidwell for a two year term, Jeremy Lynch for a two year term, and Kyle Bailey for a two year term. Councilmember Derasary asked for clarification that appointees must be City residents, and Mayor Sakrison replied in the affirmative. Councilmember Jones recommended approval of the slate be scheduled for the next meeting. Crack Sealant Project Approved Motion and Vote: Councilmember Derasary moved for Award and Contract Approval for the 2017 Crack Sealant Project for Superior Asphalt in the amount of $23,504. Councilmember Knuteson Boyd seconded the motion. The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. Pack Creek Bank Grading Approved Motion and Discussion: City Attorney McAnany recommended approval of the contract with the condition that an access agreement be negotiated with a landowner. Councilmember Jones moved for Award and Contract Approval for the Pack Creek Bank Grading Project in the amount of $26,210 with conditions. Councilmember Derasary seconded the motion. It was noted that the project was grant funded. Councilmember Derasary asked Assistant City Engineer Mark Jolissaint about the location and scope of the site. Vote: The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. Council Reports: Councilmember Jones noted that, in addition to his written report, the Planning Commission is forwarding information regarding the update of the land use code and he was pleased to see it and looks forward to the Council s consideration of those items. Closure of the Public Hearings: Mayor Sakrison closed the two public hearings at 8:24 PM. Council Reports Continued: Councilmember Derasary noted she attended a meeting of the Moab Area Land Trust and was also asked by Community Rebuilds to serve on a panel discussion regarding the City s historical commitment to solar power and recent resolutions regarding energy efficiency. She also mentioned a scheduling conflict for upcoming meetings. Councilmember Ershadi mentioned Earth Day activities she attended. Councilmember Knuteson Boyd attended a Housing Authority meeting and noted an upcoming request for a zoning change. Mayor Sakrison stated he would be attending a meeting of the Utah Associations of Governments (AOG) and, with the Council s approval, he would ask the AOG to send a letter to Governor Herbert and the Page 7 of 8

8 Utah Congressional delegation to urge them to continue funding the Moab Uranium Mill Tailings Remedial Action (UMTRA) project. Approval of Bills Against the City of Moab: Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $682, Councilmember Jones seconded the motion. The motion carried 5 0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson Boyd voting aye. Adjournment: Councilmember Derasary moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion passed 5 0 with Councilmembers Bailey, Jones, Knuteson Boyd, Ershadi, and Derasary voting aye. The meeting was adjourned at 8:30 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 8 of 8