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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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November 12, 2019