HomeMy Public PortalAboutPKT-CC-2020-12-08DECEMBER 8, 2020
PRE -COUNCIL WORKSHOP - 6:00 P.M.
REGULAR CITY COUNCIL MEETING 7:00 P.M.
Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code
Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations
supporting the decision to convene electronic meetings of the Council without a
physical anchor location. Due to the health and safety risks related to the ongoing
COVID -19 pandemic and considering public health orders limiting in -person
gatherings, the Moab City Council will continue to hold meetings by electronic
means. The public is invited and encouraged to view and participate in the
Council ’s electronic meetings by viewing the City ’s YouTube channel:
https://www.youtube.com/channel/UCl00z0Zgdmz4y1FoI0l7CJA .
Pre -Council Workshop -6:00 pm
FY 2019 -2020 Audit Presentation
100% Renewable City Facilities Presentation
Presentation on Carp Treatment Project at Old City Park
carp treatment and propagation pond project agenda
summary.pdf
rotenone fact sheet.pdf
rotenone information.pdf
Institutional Rates Presentation
Regular City Council Meeting - 7:00 p.m.
Call to Order and Roll Call Attendance
Citizens to Be Heard
We are receiving public comments by phone and online through
Zoom. Citizens are limited to two (2) minutes for comments.
Dial: 669 -900 -9128 Meeting ID: 899 5224 2306 Passcode (if
needed): 416917
Link: https://us02web.zoom.us/j/89952242306?
pwd=l3lpqktkbnfjwuv3m2pameiyohdkut09
Please note that when joining the meeting, you will be placed in
a waiting room and will be added to the meeting by the
moderator. Your comments will be recorded and on YouTube.
To have your written comments considered for the Citizens to
Be Heard portion of the electronic meeting, please fill out the
form found here: http://bit.ly/publiccommentform
You must submit your comments by 7:00 PM on December 8,
2020. Please limit your comments to 400 words.
Administrative Reports
COVID -19 Updates
WRF Update
Planning Department Update
Finance Department Update
Legal Department Update
CARES Act Funding
Mayor and Council Reports
Approval of Minutes
Minutes: November 10, 2020, Regular Meeting
min -cc -2020 -11 -10 draft.pdf
New Business
Proposed Resolution 39 -2020: A Resolution Approving the Sunflower Minor
Subdivision of Property Located at 889 N Main Street, Moab, Utah 84532
Briefing and possible action
sunflower minor subdivision cc agenda summary 111020.pdf
exhibit 1 resolution 39 -2020 sunflower minor subdivision.pdf
exhibit 2 vicinity map sunflower.pdf
exhibit 3 recorded county plat sunflower.pdf
exhibit 4 draft survey plat sunflower.pdf
Proposed Resolution 40 -2020: A Resolution Approving the Jasmine Minor
Subdivision of Property Located at 1089 N Main Street, Moab, UT 84532
Briefing and possible action
jasmine minor subdivision cc agenda summary 111020.pdf
exhibit 1 resolution 40 -2020 jasmine minor subdivision.pdf
exhibit 2 vicinity map jasmine.pdf
exhibit 3 recorded county plat jasmine.pdf
exhibit 4 draft survey plat jasmine.pdf
Proposed Resolution 45 -2020: A Resolution Approving the MAPS Phase III
Minor Subdivision of Property Located at Care Campus Drive, Moab, UT 84532,
Parcel #01 -0MAP -0004
Briefing and possible action
maps phase iii minor subdivision cc agenda summary
120820.pdf
exhibit 1 resolution 45 -2020 maps phase iii minor
subdivision.pdf
exhibit 2 vicinity map maps phase iii.pdf
exhibit 3 draft survey plat.pdf
Proposed Ordinance 2020 -16: An ordinance imposing a local sales and use tax of
one -tenth (1/10) of one percent (0.1%) to fund cultural arts facilities and
programs and recreation facilities in the City of Moab, providing severability and
an effective date for the ordinance
Briefing and possible action
agenda summary - proposed ordinance 2020 -16.pdf
ordinance 2020 -16.pdf
moab municipal code section 3.19.pdf
2021 Legislative Session Priorities
Discussion
2021 legislative priorities agenda summary.pdf
Proposed 2021 City Council Meeting Schedule
Briefing and possible action
2021 council schedule.pdf
Proposed 2021 Moab City Holiday Schedule
Briefing and possible action
2021 holiday schedule.pdf
Approval of Bills Against the City of Moab
Adjournment
Special Accommodations:
In compliance with the Americans with Disabilities Act, individuals needing special
accommodations during this meeting should notify the Recorder ’s Office at 217 East Center
Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to
the meeting.
Check our website for updates at: www.moabcity.org
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DECEMBER 8, 2020PRE-COUNCIL WORKSHOP - 6:00 P.M.REGULAR CITY COUNCIL MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/channel/UCl00z0Zgdmz4y1FoI0l7CJA . Pre -Council Workshop -6:00 pmFY 2019 -2020 Audit Presentation100% Renewable City Facilities PresentationPresentation on Carp Treatment Project at Old City Parkcarp treatment and propagation pond project agenda summary.pdfrotenone fact sheet.pdfrotenone information.pdfInstitutional Rates PresentationRegular City Council Meeting - 7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 899 5224 2306 Passcode (if needed): 416917Link: https://us02web.zoom.us/j/89952242306?pwd=l3lpqktkbnfjwuv3m2pameiyohdkut09
Please note that when joining the meeting, you will be placed in
a waiting room and will be added to the meeting by the
moderator. Your comments will be recorded and on YouTube.
To have your written comments considered for the Citizens to
Be Heard portion of the electronic meeting, please fill out the
form found here: http://bit.ly/publiccommentform
You must submit your comments by 7:00 PM on December 8,
2020. Please limit your comments to 400 words.
Administrative Reports
COVID -19 Updates
WRF Update
Planning Department Update
Finance Department Update
Legal Department Update
CARES Act Funding
Mayor and Council Reports
Approval of Minutes
Minutes: November 10, 2020, Regular Meeting
min -cc -2020 -11 -10 draft.pdf
New Business
Proposed Resolution 39 -2020: A Resolution Approving the Sunflower Minor
Subdivision of Property Located at 889 N Main Street, Moab, Utah 84532
Briefing and possible action
sunflower minor subdivision cc agenda summary 111020.pdf
exhibit 1 resolution 39 -2020 sunflower minor subdivision.pdf
exhibit 2 vicinity map sunflower.pdf
exhibit 3 recorded county plat sunflower.pdf
exhibit 4 draft survey plat sunflower.pdf
Proposed Resolution 40 -2020: A Resolution Approving the Jasmine Minor
Subdivision of Property Located at 1089 N Main Street, Moab, UT 84532
Briefing and possible action
jasmine minor subdivision cc agenda summary 111020.pdf
exhibit 1 resolution 40 -2020 jasmine minor subdivision.pdf
exhibit 2 vicinity map jasmine.pdf
exhibit 3 recorded county plat jasmine.pdf
exhibit 4 draft survey plat jasmine.pdf
Proposed Resolution 45 -2020: A Resolution Approving the MAPS Phase III
Minor Subdivision of Property Located at Care Campus Drive, Moab, UT 84532,
Parcel #01 -0MAP -0004
Briefing and possible action
maps phase iii minor subdivision cc agenda summary
120820.pdf
exhibit 1 resolution 45 -2020 maps phase iii minor
subdivision.pdf
exhibit 2 vicinity map maps phase iii.pdf
exhibit 3 draft survey plat.pdf
Proposed Ordinance 2020 -16: An ordinance imposing a local sales and use tax of
one -tenth (1/10) of one percent (0.1%) to fund cultural arts facilities and
programs and recreation facilities in the City of Moab, providing severability and
an effective date for the ordinance
Briefing and possible action
agenda summary - proposed ordinance 2020 -16.pdf
ordinance 2020 -16.pdf
moab municipal code section 3.19.pdf
2021 Legislative Session Priorities
Discussion
2021 legislative priorities agenda summary.pdf
Proposed 2021 City Council Meeting Schedule
Briefing and possible action
2021 council schedule.pdf
Proposed 2021 Moab City Holiday Schedule
Briefing and possible action
2021 holiday schedule.pdf
Approval of Bills Against the City of Moab
Adjournment
Special Accommodations:
In compliance with the Americans with Disabilities Act, individuals needing special
accommodations during this meeting should notify the Recorder ’s Office at 217 East Center
Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to
the meeting.
Check our website for updates at: www.moabcity.org
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DECEMBER 8, 2020PRE-COUNCIL WORKSHOP - 6:00 P.M.REGULAR CITY COUNCIL MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/channel/UCl00z0Zgdmz4y1FoI0l7CJA . Pre -Council Workshop -6:00 pmFY 2019 -2020 Audit Presentation100% Renewable City Facilities PresentationPresentation on Carp Treatment Project at Old City Parkcarp treatment and propagation pond project agenda summary.pdfrotenone fact sheet.pdfrotenone information.pdfInstitutional Rates PresentationRegular City Council Meeting - 7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 899 5224 2306 Passcode (if needed): 416917Link: https://us02web.zoom.us/j/89952242306?pwd=l3lpqktkbnfjwuv3m2pameiyohdkut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: http://bit.ly/publiccommentformYou must submit your comments by 7:00 PM on December 8, 2020. Please limit your comments to 400 words.Administrative ReportsCOVID-19 UpdatesWRF UpdatePlanning Department UpdateFinance Department UpdateLegal Department UpdateCARES Act Funding Mayor and Council ReportsApproval of MinutesMinutes: November 10, 2020, Regular Meetingmin-cc -2020 -11 -10 draft.pdfNew BusinessProposed Resolution 39 -2020: A Resolution Approving the Sunflower Minor Subdivision of Property Located at 889 N Main Street, Moab, Utah 84532Briefing and possible actionsunflower minor subdivision cc agenda summary 111020.pdfexhibit 1 resolution 39 -2020 sunflower minor subdivision.pdfexhibit 2 vicinity map sunflower.pdfexhibit 3 recorded county plat sunflower.pdfexhibit 4 draft survey plat sunflower.pdfProposed Resolution 40 -2020: A Resolution Approving the Jasmine Minor Subdivision of Property Located at 1089 N Main Street, Moab, UT 84532Briefing and possible actionjasmine minor subdivision cc agenda summary 111020.pdfexhibit 1 resolution 40 -2020 jasmine minor subdivision.pdfexhibit 2 vicinity map jasmine.pdfexhibit 3 recorded county plat jasmine.pdfexhibit 4 draft survey plat jasmine.pdfProposed Resolution 45 -2020: A Resolution Approving the MAPS Phase III
Minor Subdivision of Property Located at Care Campus Drive, Moab, UT 84532,
Parcel #01 -0MAP -0004
Briefing and possible action
maps phase iii minor subdivision cc agenda summary
120820.pdf
exhibit 1 resolution 45 -2020 maps phase iii minor
subdivision.pdf
exhibit 2 vicinity map maps phase iii.pdf
exhibit 3 draft survey plat.pdf
Proposed Ordinance 2020 -16: An ordinance imposing a local sales and use tax of
one -tenth (1/10) of one percent (0.1%) to fund cultural arts facilities and
programs and recreation facilities in the City of Moab, providing severability and
an effective date for the ordinance
Briefing and possible action
agenda summary - proposed ordinance 2020 -16.pdf
ordinance 2020 -16.pdf
moab municipal code section 3.19.pdf
2021 Legislative Session Priorities
Discussion
2021 legislative priorities agenda summary.pdf
Proposed 2021 City Council Meeting Schedule
Briefing and possible action
2021 council schedule.pdf
Proposed 2021 Moab City Holiday Schedule
Briefing and possible action
2021 holiday schedule.pdf
Approval of Bills Against the City of Moab
Adjournment
Special Accommodations:
In compliance with the Americans with Disabilities Act, individuals needing special
accommodations during this meeting should notify the Recorder ’s Office at 217 East Center
Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to
the meeting.
Check our website for updates at: www.moabcity.org
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Moab City Council Agenda Item
Meeting Date: December 8, 2020
Title: Carp Treatment Project and Development of a Native Fish Propagation Pond at Old City
Park
Date Submitted: December 2, 2020
Staff Presenter: Carly Castle, Assistant City Manager
Attachment(s):
Options: N/A
Recommended Motion: N/A
Background/Summary:
The City was approached by the Utah Division of Wildlife Resources (DWR) to discuss
removing the invasive carp currently residing in the pond at Old City Park. Carp are native to
Eurasia, however they have been widely introduced in the United States, including many water
bodies in Moab. Carp cause problems in native ecosystems as they compete with native fish
species and damage habitat used by native fishes and aquatic wildlife.
To remove the carp, the pond will be partially drained in late February 2021, and it will be
treated with Rotenone. Rotenone is a naturally occurring compound that is lethal to fish but is
not dangerous to people, pets, or other wildlife, especially in the low quantities that DWR will
use to treat the pond. Steps will be taken to ensure no water from the treated pond drains into
Mill Creek or other water bodies. City Park staff will assist with cleanup, and the compound will
dissipate before the pond is refilled. The entire process is anticipated to take less than a week.
After the carp are removed, the City will partner with DWR to stock the pond with roundtail
chub, which are native to and only found in the Colorado River system. Roundtail chub
populations have dwindled in recent years due to reduced stream levels and competition with
invasive species. Roundtail chub are included on the Utah Sensitive Species List, and the City’s
provision of a propagation pond is part of a larger effort to create a meta-population for the
roundtail chub so that they may avoid being listed under the Endangered Species Act.
The City is developing a public education plan for the carp removal effort, which will include
outreach to local media, information on the City website, and materials and signage available at
Old City Park informing the community about the removal process. Additionally, materials and
signage will be developed and installed at the pond once the roundtail chub propagation pond is
established.
Attachments:
• Rotenone Fact Sheet
" B e t t e r F i s h i n g T h r o u g h M a n a g e m e n t : H o w R o t e n o n e I s U s e d t o H e l p M a n a g e O u r
F i s h e r y R e s o u r c e s M o r e E f f e c t i v e l y
Facts About Rotenone
In aquatic habitat restoration work, state fisheries professionals often use rotenone to eliminate
unwanted or invasive fish populations. The following information addresses the use and safety of
rotenone and is adapted from publications by the American Fisheries Society (“AFS”) (see links
below), the most respected voice in fisheries management. According to the AFS, Rotenone “is
an important fisheries management tool that has been used successfully for almost 70 years in the
United States and Canada. Its use is carefully regulated to protect the safety and well being of the
public and the environment.”
Q: What is rotenone?
A: Rotenone is a naturally occurring substance derived from the roots of tropical plants in the
bean family, including jewel vine and lacepod. Indigenous tribes in the Amazon have long
beaten the roots of these plants and immersed them in water as a way of harvesting fish for food.
In the United States, fisheries managers have used rotenone for decades as a tool to eliminate
targeted fish populations with minimal impact on other aquatic species and habitat. Rotenone is
also commonly used as an organic garden insecticide to control chewing insects, has been used as
a dust on cattle, and as a dog and sheep dip to control ticks and other external parasites.
Q: Why eliminate a fish population from a body of water?
A: Complete elimination of fish in a body of water may be needed to eradicate undesirable or
exotic fish, restore native species, and control diseases. For decades, rotenone has been used
throughout Utah and across the West in many successful projects to restore trout and other native
fish species.
Q. Is rotenone safe?
A. The U.S. Fish and Wildlife Service spent more than $3 million to conduct extensive testing on
rotenone in a 10-year period from 1978 to 1988. Rotenone has met all EPA safety requirements
and is currently approved for fishery uses. The EPA concluded that the use of rotenone for fish
management does not present a significant health risk to humans, wildlife or the environment
when used according to instructions.
Q. Is there any danger from accidentally drinking rotenone-treated water?
A. The hazard associated with drinking water containing rotenone is very slight because of the
low concentration of rotenone used in the treatment (0.012 to 0.25 ppm of rotenone) and the rapid
breakdown of rotenone in the environment. Estimates on the oral toxicity to humans are 0.023 to
0.039 ounces of rotenone per pound of body weight. Hence, a 160-pound person would have to
drink more than 23,000 gallons of water treated at 0.25 ppm of rotenone (the highest
recommended dosage for fisheries management) at one sitting to receive an adverse effect.
Q. Will wildlife that eat dead fish and drink treated water be affected?
A. Birds and mammals that eat dead fish and drink treated water will not be affected.
Rotenone residues in dead fish are generally very low, are broken down quickly, and not
readily absorbed through the gut of the animal eating the fish.
Q. What happens to rotenone after it has been applied?
A. Rotenone is a compound that breaks down very rapidly when exposed to light, heat, oxygen,
and alkaline water. In running water, it is neutralized within a matter of hours; in lakes, usually
within four weeks. Ultimately, rotenone breaks down into carbon dioxide and water.
Q. Who can administer rotenone as a piscicide?
A. Generally, only state fish and wildlife biologists or other agency professionals can apply
rotenone to waterways, following strict guidelines developed by the American Fisheries Society.
Q. How can I learn more about rotenone?
A. For more information, visit the AFS Rotenone Stewardship Program Web site:
http://www.fisheries.org/units/rotenone/index.htm
Read their e-booklet, “Better Fishing Through Management: How Rotenone is Used to Help
Manage Our Fishery Resources More Effectively”:
http://www.fisheries.org/units/rotenone/rotenonebroweb.pdf
See also the paper, “Rotenone—Issues and Responses”
http://www.fisheries.org/units/rotenone/Rotenone_Issues.pdf
1.
Better Fishing Through Management:
How Rotenone Is Used to Help Manage
Our Fishery Resources More Effectively.
2.
Americans love to go fishing!
In fact, we love it so much that each
year, more than 35 million people
go fishing. We spend 626 million
days and more than $38 billion
annually in pursuit of this favorite
pastime.
As our population grows, the
demand for quality fishing also
increases. Anglers continue to bring
high expectations to already heavily
impacted aquatic areas. Unfortu-
nately, the number of available
ponds, lakes, and rivers is limited.
State and Federal resource
agencies are entrusted with the task
of maintaining healthy aquatic envi-
ronments, protecting our bodies of
water from misuse, and balancing
the demands made by navigation,
commercial, residential, recre-
ational, and environmental activi-
ties. Since the likelihood of creating
new water areas is very low, agen-
cies in charge of fishery resources
must manage existing resources to
assure that the environment contin-
ues to thrive and to ensure that our
fisheries are not depleted.
Active intervention may be re-
quired to maintain a healthy aquatic
balance, such as stocking desirable
fish or eradicating fish that threaten
ecosystems. Careful management
will be required if our waters are to
provide the quality fishing we want
and still ensure that future genera-
tions will be able to enjoy the same
privilege. This includes continued
existence of desired aquatic species
and maintenence of a sufficient re-
source to support a reasonable sport
fishery. Fish managers rely on a
wide variety of tools for the man-
agement and assessment of fish
populations to maintain diverse and
productive aquatic ecosystems and
high quality recreational fisheries.
One of the most valuable tools is
rotenone, which has been used by
fish managers since 1934. Rotenone
is a naturally occurring substance
derived from the roots of tropical
plants in the bean family. Rotenone
has been used for centuries to cap-
ture fish for food in areas where
these plants are naturally found.
This publication discusses how
rotenone is used in fisheries
management, presents scientific evi-
dence that rotenone is safe to use,
and lists the precautions that have
been taken to assure the safety of
rotenone to people and to the envi-
ronment. Its purpose is to provide
information based on research find-
ings that will help you better under-
stand the use of rotenone as a treat-
ment and sampling aid.
USE OF ROTENONE
The use of rotenone and other fish
management substances is the only
method, other than complete drain-
ing, that will eliminate entire popu-
lations of fishes. However,
dewatering is not a viable option in
any stream and most lakes.
Complete elimination of fish is often
needed to accomplish fish manage-
ment activities such as eradicating
undesirable or harmful exotic fish,
eradicating competing fish in rear-
ing facilities, treating drainages
prior to impoundment, restoring
threatened or endangered species,
and eliminating fish to control
diseases. Also, rotenone is the only
sampling method that provides for
an accurate estimation of diverse
fish communities.
To be acceptable, a fish manage-
ment substance must work quickly,
break down in a short period of
time, and leave no harmful residues.
It must not pose a health hazard to
those applying, or to animals or
birds that might consume treated
water or organisms. It also must not
affect aquatic plants or deplete the
dissolved oxygen in the water. After
application, the substance must
break down rapidly so populations
of non-target organisms can quickly
recover from any short-term adverse
effects and allow early restocking of
desired fish species.
Rotenone meets all these
requirements and is the best option
to restore waters to a natural balance
and provide a quality fishing experi-
ence. Rotenone offers an effective
means of eradicating unwanted fish
species without endangering the
surrounding habitat.
ROTENONE: THE
APPROVAL PROCESS
Before rotenone can be used in the
environment, it must be registered
by the U.S. Environmental Protec-
tion Agency (EPA). In order for a
fish management substance to be
registered, research must be
A busy afternoon
at the Strawberry
Reservoir marina,
Utah. It provides
in excess of
1,000,000 angler
hours annually
following the
1990 rotenone
treatment.
PHOTO: Sott Root, Utah Department of Wildlife Resources.
3.
conducted to show that the product
does not constitute a health hazard
or have a long-term effect on hu-
mans or the environment. If a sub-
stance meets these requirements af-
ter years of rigorous testing, it is
then considered safe for use in the
environment and is registered.
The U.S. Fish and Wildlife
Service conducted extensive testing
on rotenone in a 10-year period
from 1978 to 1988. More than $3
million was invested in developing
the data required by the EPA as part
of its evaluation process. Rotenone
has met all of the safety require-
ments and is currently registered for
fishery uses. The EPA concluded
that the use of rotenone for fish
management does not present a risk
of unreasonable adverse effects to
humans or the environment.
State approval is also necessary
before fish management substances
can be lawfully used; however, the
registration process varies for each
state. Generally, rotenone must be
registered for aquatic use with the
state agency charged with this re-
sponsibility (usually a state agricul-
tural or environmental agency). In
addition, the state agency respon-
sible for management of the natural
resources also has policies and pro-
cedures governing the use of roten-
one in that state. Further, the Ameri-
can Fisheries Society (an organiza-
tion of professional fisheries scien-
tists) has developed and published a
manual to guide fisheries managers
in the safe and effective use of
rotenone (Rotenone Use in Fisheries
Management: Administrative and
Technical Guidelines Manual).
SUCCESS STORIES
Benefits of Large Reservoir
Restoration of Trout Fishery
with Rotenone
For almost a century, Strawberry
Reservoir has been Utah’s most
important trout fishery. Rotenone
treatments have played a major role
in this success. Although the reser-
voir was constructed to provide
water for agriculture, it quickly
became a major trout fishery. The
fishery was managed with rainbow,
cutthroat, and brook trout. A typical
opening weekend supported in
excess of 50,000 angler hours of
fishing recreation. By the late
1950’s the fish population was dom-
inated by Utah chub, Utah sucker,
yellow perch, and carp. These non-
game species were introduced into
the reservoir through illegal use of
live bait, and fishing recreation was
seriously impacted. The Utah Divi-
sion of Wildlife Resources (UDWR)
treated the reservoir with rotenone
to remove all fish in 1961. The treat-
ment was successful and the trout
fishery quickly recovered.
In 1975, fishing pressure was
estimated at 900,000 angler hours.
However, Utah chub were again
found in the reservoir in 1973, and
Utah sucker reappeared in 1978. By
1986, the fishery was providing only
about 250,000 to 300,000 angler rec-
reation hours, and about 95% of the
reservoir’s production was
nongame fish. The UDWR began
planning another rotenone treatment
in 1986 that was completed in 1990.
The volume of water treated was
about 300,000 acre-feet and 880,000
pounds of powdered and 4,000 gal-
lons of liquid rotenone were used in
the treatment. Bear Lake strain cut-
throat trout, rainbow trout, and
kokanee salmon were restocked and
the fishery quickly recovered. For
eight years following the treatment,
the fishery has provided from approx-
mately 1,000,000 to 1,500,000 angler
hours of recreation annually and is
again Utah’s most important
trout fishery.
Benefits of Threatened Trout
Restoration with Rotenone
in California
California is home to 12 species or
subspecies of native trout, three of
which are Federally-listed as threat-
ened species, including the Lahontan
cutthroat trout, Paiute cutthroat trout,
and Little Kern golden trout. Due to
habitat changes, bull trout are no
longer found in California. Although
habitat degradation has played a sig-
nificant role in native trout population
declines, impacts from competing
species and hybridization have re-
sulted in near extinction of certain
native trout species.
Since the 1970’s, rotenone has
played a key role in eliminating non-
native trout species, primarily in the
Sierra Nevada mountains. The
strategy has been to chemically treat
the headwaters of drainages with
rotenone above fish barriers to
remove non-native trout species that
compete or hybridize with native
trout. After that, native trout are
reintroduced to the reclaimed habi-
tats. To date, a total of 10 waters have
Concerned with
maintaining
environmental
quality, a chemist
with the California
Department of Fish
and Game analyses
water samples for
rotenone concen-
trations using a high
performance liquid
chromatograph.
PHOTO: Robert Hosea, California Department of Fish and Game.
4.
been successfully treated and
restored with genetically pure native
trout populations. Five of these
waters now have Lahontan cutthroat
trout, two have Paiute cutthroat
trout, one has Little Kern golden
trout, one has California golden
trout, and one has McCloud River
redband trout. Six of the treatments
removed non-native brook trout
which have a history of displacing
California native cutthroat trout in
streams. One treatment removed
non-native brown trout, which was a
voracious predator on California
golden trout. The remaining three
treatments removed rainbow trout, a
native to California, but not in the
treated streams. Rainbow readily
hybridize with cutthroat trout, gold-
en trout, and redband trout, compro-
mising their genetic integrity.
The Truckee, Walker, Carson,
Kern, and McCloud River drainages
have been the sites for these suc-
cessful restoration projects, along
with the North Fork of Cottonwood
Creek. Several of the restored
waters are now open to catch-and-
release fishing, allowing unique
opportunities for anglers to catch
and appreciate these rare and
beautiful native trout. More roten-
one projects are planned with the
ultimate goal of recovering enough
native trout populations to delist the
three species currently listed and
make future listings unnecessary.
Future project benefits are increased
native species biodiversity in Calif-
ornia trout populations and
improved angling opportunities.
Benefits of Pond Reclamation
with Rotenone in New York
Rotenone has been used since
the early 1950’s in New York to
restore brook trout populations.
Approximately 150 waters have
been treated. Recent restoration
projects have focused on perpetua-
tion of native Adirondack strains of
brook trout. Following successful
removal of competitors, brook trout
ponds typically are capable of
supporting several times the number
of trout than prior to treatment. The
resulting improvement in fishing
quality is often dramatic. In many
cases, the brook trout populations
become self-sustaining and only
require one or two introductory
stockings of fingerling fish. Many
anglers highly value the opportunity
to catch wild heritage brook trout.
Pond reclamation with rotenone has
been shown to have restoration
benefits beyond those to the fish
fauna. Cornell University research-
ers documented that restoring native
fish communities had cascading
effects on zooplankton and phy-
toplankton communities.
The new community structures
were consistent with native commu-
nities, unlike those in ponds that
were dominated by
non-native fishes.
QUESTIONS
AND ANSWERS
From time to time, people have
questions about the use of rotenone
to manage fish communities and
sample populations. They want to
know, “Has rotenone been adequate-
ly tested to assure our safety and
protect the environment?” The an-
swer is “Yes.” Below are questions
that have been raised in the past and
the answers to those questions based
on scientific evidence and studies.
GENERAL
INFORMATION
Q. What other uses are there
for rotenone?
A. Rotenone is used as an “or-
ganic” garden insecticide to
control chewing insects, has
been used as a dust on cattle,
and as a dog and sheep dip to
control external parasites.
Q. How does rotenone work?
A. Rotenone inhibits a process at
the cellular level making it im-
possible for fish to use the oxy-
gen absorbed in the blood and
needed in the release of energy
during respiration.
Use of rotenone in Fisheries
Management
Q. Why use rotenone to
manage fish communities?
A. Sometimes managers need to
eradicate an entire population or
communityof fishes and replace
them with a desirable population
or community. Rotenone can be
used to accomplish these
objectives with minimum
impact to non-target wildlife.
Q. What other methods are
used to control fish?
A very happy angler
showing-off the rainbow
trout she caught from
Strawberry Reservoir,
Utah’s most important
trout fishery.
PHOTO: ScottRoot
5.
A. The other methods include
(1) modifications of angling
regulations, (2) physical re-
moval, (3) biological control,
(4) draining, water fluctuation,
and stream flow augmentation,
(5) fish barriers, and (6) explo-
sives. These methods are often
too slow, ineffective, expensive
and labor intensive and produce
unpredictable results.
Q. Why use rotenone to sample
fish communities?
A. Biological information is often
necessary for the development
of management strategies for
fish communities. The use of
rotenone is often the only
sampling method that enables
managers to take a snapshot of a
fish population at a specific time
and makes it possible to clearly
follow growth and abundance of
the restocked fish.
Q. What other methods are
used to sample fish
communities?
A. The other methods include
(1) electrofishing, (2) nets,
(3) explosives, (4) underwater
observations, (5) hook and line,
and (6) sonar. These methods
often have limitations restricting
sampling to certain sizes of fish,
type of habitats, and weather
conditions. These limitations
often limit the effectiveness of
these other methods.
Q. How is rotenone applied?
A. Rotenone is applied either as a
powder made from ground-up
plant roots, or as a liquid. Ro-
tenone is very water insoluble
(i.e., like oil). Liquid formula-
tions of rotenone contain addi-
tional materials (dispersants and
emulsifiers such as naphthalene,
methylnaphthalenes and xy-
lenes) that aid in the dispersal of
rotenone throughout the water
column.
Q. Why is rotenone treatment
cost effective?
A. It has been estimated that for
each dollar spent on rotenone
and stocked trout, anglers gained
from $32 to $105 worth of fish-
ing. On trout lakes that were
stocked but not treated, the gain
from fish stocking alone was
only $10 to $15.
Q. How much rotenone is used?
A. Treatment rates range from 0.5 to
10.0 parts per million (ppm) of
the commercial products.
Because commercial products
contain only 2.5% to 5% of ro-
tenone, the actual concentration
in the water is only 0.012 to
0.250 ppm of rotenone. The
commercial products are most
commonly applied at a concen-
tration 1.0 to 2.0 ppm (0.025 to
0.100 ppm of rotenone). The 1
ppm rate is 1 part of the commer-
cial formulation in 1,000,000
parts of water; or the 2 ppm rate
is roughly equivalent to 1.3
ounces of the commercial formu-
lation in a 5,000-gallon swim-
ming pool.
Q. How do fisheries biologists
determine when it is safe to
restock fish?
A. The simplest test used by most
fishery specialists is to place
several fish in a cage and hold
them in the treated water for
several days. If they survive, the
water is safe for restocking.
Analytical techniques can also
be used to determine how much
rotenone is still present.
PUBLIC HEALTH
Q. How safe is rotenone to
people?
A. Millions of dollars were spent
on research to determine safety
of rotenone prior to registration
by the U.S. Environmental Pro-
tection Agency (EPA). The EPA
concluded that the use of roten-
one for fish control does not
present a risk of unreasonable
adverse effects to humans and
the environment when used ac-
cording to label instructions.
Q. What is a safe exposure
level for rotenone?
A. The National Academy of
Sciences has suggested a safe
level in drinking water of 0.014
ppm of rotenone. The California
Department of Health Services
has suggested 0.004 ppm of
rotenone. These safe levels
assume a lifetime exposure to
rotenone. For comparison, most
rotenone treatments result in
Fly casting for heritage
eastern brook trout on Black
Pond, Adirondacks, New
York. Rotenone is a critical
tool in maintaining the wild
heritage brook trout fishery.
PHOTO: Leo Demong, New York Department of Environmental Conservation
6.
exposure levels within the range
of 0.012 to 0.25 ppm of roten-
one, but rotenone generally
persists for no longer than a few
weeks, making lifetime expo-
sure highly unlikely.
Q. Is there any danger
associated with accidentally
drinking rotenone-treated
water?
A. The hazard associated with
drinking water containing roten-
one is very slight because of the
low concentration of rotenone
used in the treatment (0.012 to
0.25 ppm of rotenone) and the
rapid breakdown of rotenone.
Estimates on the oral toxicity to
humans are 0.023 to 0.039
ounces of rotenone per pound of
body weight. Hence, a 160-
pound person would have to
drink more than 23,000 gallons
of water treated at 0.25 ppm of
rotenone at one time to receive
an effect.
Q. Can rotenone-treated water
be used for public consump-
tion or irrigation of crops?
A. Tolerances for rotenone in
drinking and irrigation water
have not yet been established by
EPA even though the studies re-
quired for setting tolerances
have been completed. This does
not mean that rotenone concen-
trations in drinking or irrigation
waters is actually unsafe; it just
means that the EPA has not es-
tablished rotenone tolerances at
this time. As a result, water con-
taining residues of rotenone can-
not be legally allowed for use as
a domestic water source or
on crops.
Q. Are there any risks to
human health from non-
rotenone materials in the
powdered formulation?
A. No, the non-rotenone material in
the powdered formulations is
inert plant root material.
Q. Are there any risks to
human health from
materials in the liquid
rotenone formulations?
A. The EPA has concluded that the
use of rotenone for fish control
does not present a risk of unrea-
sonable adverse effects to hu-
mans and the environment. Liq-
uid rotenone formulations con-
tain trace amounts of the car-
cinogen trichloroethylene
(TCE). However, the TCE con-
centration in water immediately
following treatment (less than
0.005 ppm of TCE) is below the
level permissible in drinking
water (0.005 ppm of TCE), and
these levels quickly dissipate
within a few days.
Q. How soon can people safely
enter water treated with
rotenone?
A. The EPA concluded that a reen-
try interval was not needed for
persons who swim in waters
treated with rotenone based on
an assessment of the toxicology
data and exposure level. The
EPA said there was no reason to
restrict the use of rotenone in
waters intended for livestock
consumption and recreational
swimming.
Q. Is there any risk to public
health from airborne roten-
one?
A. No public health effects from
rotenone use as a fish manage-
ment substance are known. The
use of the powder and liquid
formulations have been moni-
tored for airborne drift into adja-
cent areas. The highest rotenone
concentrations that were moni-
tored during a treatment were
approximately 1,000-fold lower
than the estimated safe level of
rotenone in air.
Q. Why can’t we eat fish killed
by rotenone?
A. The EPA has not established
guidelines for consuming fish
killed with rotenone. There is a
valid concern of salmonella and
other bacteriological poisoning
that may occur from consuming
fish that have been dead for a
period of time. However, fish
that end up on land as a result of
wave or wind action are no
more a threat to public health
than fish that die of natural
causes.
Q. Why is there no risk to
people from consuming fish
that have been stocked into
a recently treated water
body?
A. Fish are not stocked into a
treated area until rotenone has
neutralized. Hence, stocked fish
cannot accumulate residues of
rotenone from the water. Resi-
dues of rotenone in tolerant fish
that survive a rotenone treat-
ment will not last for more than
several days because the fish
quickly metabolize and excrete
rotenone.
ENVIRONMENTAL
QUALITY
Q. Why are there no problems
with dead and decaying fish
on the recovery of fishing?
A. Most dead fish will sink in sev-
eral days to the bottom of the
treated body of water, decom-
pose, and release nutrients back
into the water. These nutrients
will directly stimulate phy-
toplankton and indirectly stimu-
late insect and zooplankton pro-
7.
duction. These organisms are a
good food base for fish.
Q. How can the effects of
rotenone to fish and other
aquatic life be neutralized?
A. If biologists want to quickly
neutralize the effects of roten-
one in lakes or rivers, potassium
permanganate can be used. Po-
tassium permanganate is an oxi-
dizing agent. This substance is
used worldwide in treatment
plants to purify drinking water.
Q. What is the smell
sometimes associated with
the use of liquid rotenone
formulations?
A. The aromatic (mothball) smell
associated with the use of liquid
rotenone formulations is from
naphthalene and methylnaphtha-
lene. This smell may last for
several days, depending on air
and water temperatures and
wind direction. These com-
pounds remain close to the
ground and move down-wind.
There are no health effects from
this smell.
Q. What happens to rotenone
after it has been applied?
A. Rotenone is a compound that
breaks down very rapidly when
exposed to light, heat, oxygen,
and alkaline water. Ultimately,
rotenone breaks down into car-
bon dioxide and water.
Q. How long does rotenone’s
effects persist?
A. Rotenone is generally neutral-
ized in lakes in less than four
weeks and in running waters in
a matter of hours. The time for
natural neutralization of roten-
one is governed primarily by
temperature. Studies show that
rotenone completely degrades
within one to eight weeks within
the temperature range of 50°F to
68°F.
Q. How long do the materials
other than rotenone persist
from liquid formulation
treatments?
A. Researchers have found most of
the other ingredients in the liq-
uid formulations degrade more
rapidly than rotenone through
exposure to light, heat, oxygen,
and alkaline waters. Many of
these materials are the same as
those found in fuel oil and are
commonly in water because of
frequent use of outboard motors
and motorized personal water-
craft. None of these materials
pose a health hazard at the con-
centrations available in the envi-
ronment from any rotenone
treatment.
Q. Why is rotenone unlikely to
enter ground water and
pollute water supplies?
A. The ability of rotenone to move
through soil is low. This is be-
cause rotenone is strongly
bound to organic matter in soil
so it is unlikely that rotenone
would even enter ground water.
Monitoring studies in ground
waters adjacent to treatment ar-
eas have found no contamina-
tion associated with rotenone
treatments.
Q. Why are there no
degradation products from
rotenone that can cause
environmental problems?
A. The degradation product
rotenolone can persist longer
than rotenone, especially in
cold, alpine lakes. To err on the
side of safety, fish stocking
would be delayed until both ro-
tenone and rotenolone residues
have completely dissipated.
Since rotenolone has less effect
than rotenone, it poses even less
risk to human health and the en-
vironment than rotenone.
FISH
AND WILDLIFE
Q. How does rotenone affect
aquatic animals?
A. All animals including fish, in-
sects, birds and mammals have
natural enzymes in the digestive
tract that neutralize rotenone,
and the gastrointestinal absorp-
tion of rotenone is inefficient.
However, fish (and some forms
of amphibians and aquatic in-
vertebrates) are more suscep-
tible because rotenone is readily
absorbed directly into their
blood through their gills (non-
oral route). Studies have shown
that amphibians and inverte-
brates will repopulate an area
when rotenone neutralizes.
Q. Will wildlife that eat dead
fish and drink treated water
be affected?
A. Birds and mammals that eat
dead fish and drink treated
water will not be affected.
Rotenone residues in dead fish
are generally very low, are bro-
ken down quickly, and not
readily absorbed through the gut
of the animal eating the fish.
Q. How will wildlife species be
affected by the loss of their
food supply following a
rotenone treatment?
A. During treatments, fish-eating
birds and mammals can be
found foraging on dying and re-
8.
cently dead fish for several
days following a treatment.
Following this abundance of
dead fish, a temporary reduc-
tion in food supplies may result
until the fish and invertebrates
are restored. However, most of
the affected species are mobile
and will seek alternate food
sources or forage in
other areas.
Q. What about the loss of
food supplies to sensitive
nesting birds?
A. The temporary loss in food
resources for sensitive animals
during mating may cause
unavoidable impacts. Agencies
have mitigated an impact to
nesting bald eagles during
mating by removing their eggs
from the nest to an approved
eagle recovery program out of
the area. Likewise, some agen-
cies have delayed treatments un-
til young birds have matured
and forage elsewhere.
ADDITIONAL
INFORMATION
Q. How can more information
be obtained on the fishery
uses of rotenone and its
effects on the environment?
A. An excellent source of informa-
tion is the Rotenone Use in Fish-
eries Management: Administra-
tive and Technical Guidelines
Manual published by the Ameri-
can Fisheries Society. It is
available on its website at
www.fisheries.org/rotenone. The
manual will be updated periodi-
cally as new information
becomes available.
SUMMARY
Rotenone is an important fisheries
management tool that has been
used successfully for almost 70
years in the United States and
Canada. Its use is carefully regu-
lated to protect the safety and well
being of the public and the
environment. Most rotenone
projects are supported by specific
management plans that define the
objectives and expected results.
Although there may be some
short-term losses of fishing
opportunities when rotenone is
used, the benefits greatly out-
weigh the losses because the use
of rotenone restores balance to the
fish community.
Fly casting for Lahontan
cutthroat trout on the Upper
Truckee River, Sierra Nevada
Mountains, California. This
catch-and-release fishery allows
the unique opportunity for
anglers to catch and appreciate
these rare and beautiful trout.
DESIGN: Duane Toutjian, Creative Services
Prepared by American Fisheries Society
Fish Management Chemicals Subcommittee
Task Force on Fishery Chemicals
This document was made possible with funds provided by
U.S. Fish and Wildlife Service, Division of Federal Aid.
PHOTO: Roger Bloom, California Department of Fish and Game
Page 1 of 5
November 10, 2020
MOAB CITY COUNCIL MINUTES--DRAFT
REGULAR MEETING
November 10, 2020
The Moab City Council held its Regular Meeting on the above date. Consistent with provisions of
the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Moab City Council
Chair has issued written determinations supporting the decision to convene electronic meetings
of the Council without a physical anchor location. Due to the health and safety risks related to
the ongoing COVID-19 pandemic and considering public health orders limiting in-person
gatherings, the Moab City Council will continue to hold meetings by electronic means. An audio
recording of the meeting is archived at http://www.utah.gov/pmn/index.html. A video
recording is archived at https://www.youtube.com/watch?v=XeH4ecXZthg&t=377s.
PRE-COUNCIL WORKSHOP
Mayor Emily Niehaus called the Workshop to order at 6:01 p.m. Participating remotely were
Councilmembers Rani Derasary, Mike Duncan, Karen Guzman-Newton, Tawny Knuteson-Boyd
and Kalen Jones. City staff participating remotely were Manager Joel Linares, Assistant
Manager Carly Castle, Attorney Laurie Simonson, Engineer Chuck Williams and Recorder
Sommar Johnson. Grand County Planning Director Mila Dunbar-Irwin and Grand County Road
Department Supervisor Bill Jackson also joined the workshop.
Moab & Spanish Valley Regional Transportation Plan: The Utah Department of
Transportation (UDOT) consultant Project Manager Jon Nepstad of Fehr & Peers presented
progress on the Moab & Spanish Valley Regional Transportation Plan which covers the vicinity
of Highway 191 from San Juan County to Interstate 70. He reviewed the list of stakeholders,
which include UDOT staff, Grand County, San Juan County, Moab City and Utah School and
Institutional Trust Land Administration (SITLA). Nepstad noted the schedule was revised due
to COVID-19. He reviewed project goals and stated the working group considered existing
conditions, project criteria and the public engagement plan. Nepstad discussed peer
communities such as Aspen and Jackson and the challenge for the workforce to commute to jobs
from surrounding communities. Results of the community survey were briefly presented.
Upcoming steps were reviewed. Councilmember Duncan asked about the community survey
responses regarding hypothetical budget priorities. Nepstad indicated that dynamic signage,
small projects and transit feasibility were priorities according to the survey results. Duncan
brought up the bypass option. Nepstad mentioned an environmental assessment would need to
be completed and more conceptual work on behalf of the community would need to be done to
get to that stage. Councilmember Derasary asked about some of the prioritized items and the
timeframe for the survey. Nepstad explained that it is the role of the stakeholders to interpret
the will of their constituents. Mayor Niehaus reiterated the list of stakeholders and Neptstad
also listed other participants, including the airport manager, State Patrol, State Park staff, Moab
Chamber of Commerce Director, and some private citizens. Councilmember Jones brought up
the City’s downtown plan, which currently advocates for a bypass. Councilmember Derasary
brought up citizens who feel disenfranchised from the process. Bill Jackson requested an
extension to the survey deadline.
REGULAR CITY COUNCIL MEETING
Regular Meeting—Call to Order and Attendance: Mayor Niehaus called the Regular City
Council Meeting to order at 7:04 p.m. Participating remotely were Councilmembers Karen
Guzman-Newton, Tawny Knuteson-Boyd, Rani Derasary, Mike Duncan and Kalen Jones. City
staff participating remotely were Manager Joel Linares, Assistant Manager Carly Castle,
Attorney Laurie Simonson, Recorder Sommar Johnson, Senior Projects Manager Kaitlin Myer,
Page 2 of 5
November 10, 2020
Engineer Chuck Williams, Planner Nora Shepard and Public Works Director Levi Jones.
Citizens to be Heard:
Jason Ramsdell stated he lives in the Mountain View subdivision and suggested the highway
bypass be removed from the list of options. He stated the traffic congestion is not about trucks
but rather is about incessant advertising to tourists.
Administrative Reports:
Mayor Niehaus gave an update on COVID-19. She said the Chamber is reimagining the holiday
festivities this year. Assistance City Manager Castle gave an update describing closure of some
City facilities due to the Governor’s executive order relating to COVID-19.
City Manager Linares reported City Hall is still closed to the public. He described the change to
the Health Department reporting requirements. He said there were 20 new cases in the last
seven days. He spoke about mask enforcement.
Public Works Director Levi Jones provided an update on water department activities. He
mentioned a water leak that morning at 100 North Main. Also that morning one of the City’s
well pumps failed. He covered various maintenance activities. Linares asked about the failure of
the well pump and Jones clarified there was water in the well but he stated redundancy is
needed to ensure a safe water supply. He said the pump can be repaired within two weeks.
Councilmember Derasary asked about existing redundancy in the City’s well system.
City Engineer Chuck Williams provided an overview of engineering projects. He stated a
submittal for Well #12 has been prepared for presentation to the Regional Engineer for the Utah
Division of Water Resources. Williams stated the bike skills park would open the next day and
reported on the Highway 191 widening project. He stated the emphasis is on paving before the
weather turns too cold for asphalt and said there would be one lane of travel in each direction
through the winter with a center turn lane. Councilmember Guzman-Newton asked about the
bonding required for the well. Williams said it was $6 million for the well and related
expenditures. She also asked about the projected completion date for the highway project and
Williams said the contracted goal is next Spring but the motivation is to complete earlier than
the Spring. He said the asphalt plant opened in early April in 2020. Linares clarified more about
the timeline for completion. Williams stated work has begun on Utah State University with a
completion date of December 2021. He mentioned utilities work at Lionsback is ongoing. He
touched on other projects such as work involving the closure of the bike path near the junior
high school and the north trunk line for the sewer. He concluded with a mention of an upcoming
water supply update.
City Planner Nora Shepard brought up a workforce housing adjustment request from a hotel
developer. Mayor Niehaus took questions from Councilmembers Knuteson-Boyd and Guzman-
Newton regarding the nature of the variation request. Councilmember Jones mentioned this was
brought up a year ago, and Shepard clarified the changes since then. Councilmember Duncan
asked about the advantages and disadvantages. Shepard indicated the workforce housing could
also be rented to non-employees from the workforce. Councilmember Guzman-Newton stated
one-bedroom units were in high demand. Mayor Niehaus asked for a show of support from
Council and all members were in favor of sending it to the Planning Commission.
Mayor and Council Reports:
Mayor Niehaus reported she had attended meetings on water quality, sidewalk planning,
housing affordability and awarding the Students of the Month. She noted that at the Southeast
Page 3 of 5
November 10, 2020
Utah Association of Governments economic development update, quality of life was considered
and noise was added to quality of life indicators. She reported that tourist advertising was
discussed. Mayor Niehaus also mentioned revised Veterans Day plans due to the COVID-19
concerns.
Councilmember Derasary reported on an online “conservation conversation” regarding outdoor
recreation. Crowds, resource damage and other considerations were covered. She thanked the
Moab Arts and Recreation Center (MARC) staff and Communications Director Lisa Church for
their work educating the public about the Proposition 8 ballot measure.
Councilmember Duncan reported he attended the sidewalks workshop and was thanked for his
volunteer work measuring street widths. He stated he attended a water presentation by Marc
Stilson, the Regional Engineer for the Utah Department of Water Resources, who has concluded
there is no additional water available to the community that is easy to obtain. Duncan stated
future metering is an option and that the water supply is currently tapped out. Mayor Niehaus
referred to a conversation with City Manager Linares regarding safe yield. Linares stated that
legislation could require new water rights for any future development.
Councilmember Knuteson-Boyd reported the Museum board meeting was cancelled so had
nothing to report and noted she had several upcoming meetings.
Councilmember Guzman-Newton reported on the Chamber of Commerce revised plans for the
Christmas holidays. She reported on her work with the Arches Hotspot committee, and noted
personal income in the County has contracted, particularly in the hospitality and extraction
industries. She touched briefly on vaccine updates and reported on the meeting of the airport
board.
Councilmember Jones reported on the meeting of the housing task force and noted the Namaste
Rock developer is interested in a manufactured housing project near the intersection of
Highways 191 and 313. Jones mentioned the Spanish Valley Trail and the Grandstaff Trail are
now part of the national trail system. He reported on the Travel Council meeting and mentioned
the Grand County Commission resolution regarding advertising expectations. He indicated the
preferred message is to promote stewardship not all-terrain vehicles. Jones also brought up the
ongoing revamp of the County’s special events application and suggested the City take this
opportunity to revise the City application at the same time. Jones asked about the City’s new
speed limit signage and Linares indicated sign delivery is a month out.
Presentation on CARES Act Funding:
City Manager Joel Linares provided a briefing on The Coronavirus Aid, Relief, and Economic
Security (CARES) Act funding to the City. He said that altogether, the City will receive $1.1
million for public safety expenses related to COVID mitigation. He said the City must spend the
funds by December 30 and is permitted to use the funds for law enforcement personnel
expenses and would have approximately $100,000 remaining that could be used for community
outreach grants. His recommendation is to provide funds to people who have not received
COVID relief funding to date. He mentioned food vendors, restaurants, the hospital, food
producers and rent relief as possible categories for aid. Councilmember Knuteson-Boyd asked
for clarification regarding the public safety cost savings offset by CARES funding would be
moved into the general fund. Linares confirmed.
Approval of Minutes — Approved
Motion: Councilmember Derasary moved to approve the minutes for the October 13, 2020,
Page 4 of 5
November 10, 2020
Regular Meeting; October 20, 2020, Special Joint Moab City Council/Grand County
Commission Meeting; October 27, 2020, Regular Meeting; October 30, 2020, Special Joint
Moab City Council/Grand County Commission/Arches Hotspot Regional Coordinating
Committee Meeting; and the November 4, 2020 Special Meeting. Councilmember Duncan
seconded the motion.
Discussion: Councilmember Derasary noted she had sent corrections to the Recorder.
Vote: The motion passed with 5-0 Councilmembers Derasary, Jones, Guzman-Newton,
Knuteson-Boyd, and Duncan voting aye in a roll call vote.
Old Business:
Walnut Lane Award for Invitation for Bids (IFB) for Manufactured Units at
Walnut Lane—Approved
Presentation: Senior Projects Manager Kaitlin Myers provided an overview of the bids and
the selection process for the recommended bid for the Walnut Lane project.
Motion: Councilmember Knuteson-Boyd moved to award the contract for the construction,
delivery, and installation of modular units to indieDwell, as recommended by the IFB Selection
Committee, and authorize the Mayor to sign the contract with indieDwell for an amount not to
exceed $1,075,095. Councilmember Guzman-Newton seconded the motion.
Discussion: Councilmember Jones expressed his skepticism about the City getting into the
affordable housing business. It was noted that the Housing Authority of Southeast Utah (HASU)
did not bid to be a developer of the Walnut Lane project as it did with the Moab Area Projects
for Seniors (MAPS) apartments. Guzman-Newton stated she has also been skeptical but sees the
need for affordable housing for local law enforcement employees, teachers and more, as well as
the community’s neediest members. She stated she felt the four-to-five year loan terms are
attractive and finds it viable and urged the City to move forward. Knuteson-Boyd agreed and
stated there is always a risk and always a need. Duncan said the project would serve the poorest
part of town which has the most need for affordable housing. He said he appreciated
Councilmember Jones’ idea with regard to flexibility of types of units offered. Duncan noted that
it could put a squeeze on the budget but a property tax needs to be defended. Mayor Niehaus
asserted that if there was a cost overrun, the terms of the loan could be adjusted. She said that a
property tax would not be used to cover this expense and the property tax option is not on the
table. The Mayor asked Myers to recap the requirement for the Planned Area Development
(PAD) for mixed income developments and Myers confirmed 80 unites are in the plan. Mayor
Niehaus noted that rental stock is lacking for all income levels.
Vote: The motion passed 4-1 with Councilmembers Derasary, Knuteson-Boyd, Guzman-
Newton and Duncan voting aye and Councilmember Jones voting nay in a roll call vote.
Proposed Resolution 44-2020: A Resolution Regarding the City of Moab's
Commitment to Funding Years Four and Five of a "Recreational Hotspot" Transit
Shuttle Pilot Program—Approved
Presentation: Assistant Manager Castle presented the background and intent of the project.
She explained the Grand County Commission and Moab City Council approved a Transit Shuttle
Pilot Project to be included in the Arches Region Hotspot Concept Package. She explained the
annual cost for the pilot is estimated to be $500,000 and UDOT has indicated its willingness to
fund the first three years of the transit pilot using Hotspot funding, and requires that the City of
Moab and Grand County fund years four and five of the program. She explained the City and
County commitments are needed in order to proceed with the project.
Motion: Councilmember Guzman-Newton moved to approve Resolution No. 44-2020, A
Resolution Regarding the City of Moab’s Commitment to Funding Years Four and Five of a
“Recreational Hotspot” Transit Shuttle Pilot Program. Councilmember Duncan seconded the
motion.
Page 5 of 5
November 10, 2020
Discussion: Mayor Niehaus thanked Councilmember Guzman-Newton for her hard work on
the project.
Vote: The motion passed 5-0 with Councilmembers Derasary, Guzman-Newton, Knuteson-
Boyd, Duncan and Jones voting aye in a roll call vote.
Approval of Bills Against the City of Moab:
Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills against the City
of Moab in the amount of $257,784.69. Councilmember Derasary seconded the motion. The
motion passed 5-0 with Councilmembers Jones, Duncan, Guzman-Newton, Derasary, and
Knuteson-Boyd voting aye in a roll call vote.
Executive (Closed) Session
Motion and Vote: At 8:50 P.M., Councilmember Derasary moved to enter an executive closed
Strategy Session to Discuss Reasonably Imminent and/or Pending Litigation and/or a
Discussion of the Character, Professional Competence, or Physical or Mental Health of an
Individual or Individuals. Councilmember Guzman-Newton seconded the motion. The motion
passed 5-0 with Councilmembers Jones, Duncan, Guzman-Newton, Derasary, and Knuteson-
Boyd voting aye in a roll call vote. Councilmember Jones moved to end the executive closed
session. Councilmember Knuteson-Boyd seconded the motion. The motion passed unanimously
and Mayor Niehaus closed the session at 10:22 P.M.
Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting.
Councilmember Jones seconded the motion. The motion passed unanimously and Mayor
Niehaus adjourned the meeting at 10:22 p.m.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder
Moab City Council Agenda Item
Sunflower Minor Subdivision
Meeting Date: December 8, 2020
Title: Consideration and Possible Approval of Moab City Resolution #39-2020,
A Resolution Approving the Sunflower Minor Subdivision of Property
Located at 889 N Main Street, Moab, Utah 84532.
Disposition: Discussion and Possible Action
Staff Presenter: Cory P. Shurtleff, Assistant Planner
Attachment(s):
- Exhibit 1: Draft Moab City Resolution #39-2020
- Exhibit 2: Vicinity Map
- Exhibit 3: Recorded County Plat
- Exhibit 4: Draft Survey Plat
Options:
1. Approval with or without modifications
2. Continue action on the item and give specific
direction to the applicant and staff as to additional
information needed.
3. Deny the minor subdivision
Recommended Motion: I move to Approve Moab City Resolution #39-2020, A
Resolution Approving the Sunflower Minor Subdivision of property located at 889 N
Main Street, Moab, UT 84532.
Applicant: J.J. Wang, 168 E Center Street, Moab, UT
Background:
Applicant, J.J. Wang, submitted the City of Moab Minor Subdivision Application on
September 21, 2020, for the two-lot subdivision of property located at 889 N Main
Street, Moab UT. On October 7, 2020, the Development Review Team reviewed and
supplied comments on the submitted information , sent to the applicant on October 7,
2020. At this time, the application was submitted for review and recommendation by the
Moab Planning Commission. The minor subdivision was positively recommended 4-0 by
the Planning Commission to the City Council.
Project Summary:
Location: 889 N Main Street, Moab UT 84532
Property Owner: Wang Organization LTD.
Applicant: J.J. Wang
Parcel Size: 5.64 acres (245,678.4 sf)
Proposed Lot 1: 2.65 acres (115,476 sf)
Proposed Lot 2: 3.0 acres (130,822 sf)
Zoning: C-4 General Commercial Zone
Proposed Use: Commercial
Narrative Summary:
The property owner is proposing to subdivide the existing property at 889 N Main Street,
Moab, UT, with the existing “Super 8” commercial business to be located on Lot 1 of the
proposed subdivision, and the vacant land south of the hotel to be located on Lot 2 of
the proposed subdivision. There are currently no plans for future development or
redevelopment on either proposed lot.
Process:
MMC Section 16.08.020 allows for exceptions to the final plat hearing process for minor
subdivisions of five lots or less. These applications must be reviewed by the Planning
Commission and referred to Council with a recommendation, as noted below.
“MMC Section 16.08.020, Exceptions--Final plat, discusses the process and required
documents
In subdivisions of less than five lots, land may be sold after recording of a plat, if a ll the
following conditions are met:
A. The subdivision plan shall have been approved by the planning commission,
the planning coordinator, the city engineer, the city attorney, other agencies the
zoning administrator deems necessary, and the city council;
B. The subdivision is not traversed by lines of a proposed street, and does
not require the dedication of any land for street or other purposes;
C. Each lot within the subdivision meets the frontage width and area requirements
of the zoning title or has been granted a variance from such requirements by the
appeal authority;
D. All final plat requirements shall be complied with;
E. All provisions of Chapter 16.20 of this title shall be complied with; and
F. The water supply and sewage disposal shall have been approved by the
utility supervisor
CITY OF MOAB RESOLUTION NO. 39-2020
A RESOLUTION APPROVING THE SUNGLOWER MINOR SUBDIVISION AT 889 N MAIN STREET,
MOAB, UT 84532, AS REFERRED TO COUNCIL BY THE MOAB PLANNING COMMISSION
WHEREAS, The following describes the intent and purpose of this resolution:
a. Property Owner Wang Organization LTD., and J.J. Wang (Applicant), have applied for a minor
subdivision of the property located at 889 N Main Street, Moab, Utah; and
b. Applicant submitted to the City of Moab the appropriate application and documents for review
and approval of the proposed two-lot minor subdivision as required in MMC Chapter 16.08.020;
and
c. The property is in the C-4 General Commercial Zone and the proposed uses are allowed as
permitted uses within the zone; and
d. Owner desires to subdivide the 5.64 acre parcel (#01-0036-0042) into two lots. The proposed Lot
1 as 2.65 acres (115,476 sf) and proposed Lot 2 as 3.0 acres (130,822 sf); and
e. The proposed lots satisfy the dimensional requirements of the C-4 Zone; and
f. The Moab Planning Commission reviewed the application for the Sunflower Minor Subdivision
in a regularly scheduled meeting held on October 22, 2020, and subsequently recommended
approval to the City Council in accordance with MMC Chapter 16.08.020 that allows a minor
subdivision of less than five (5) lots to be reviewed without a public hearing; and
g. The Moab City Council reviewed the application and considered the Planning Commission and
Staff recommendations in a public meeting held on December 8, 2020; and
h. Following the consideration of the technical aspects of the pertinent code sections, the Moab City
Council, pursuant to Resolution #39-2020, hereby finds, that the subdivision can meet or exceeds
the pertinent code requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the
Sunflower Minor Subdivision is hereby APPROVED.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council on December 8, 2020.
SIGNED: ________________________________
Emily Niehaus, Mayor
ATTEST: ________________________________
Sommar Johnson, Recorder
Moab City Council Agenda Item
Jasmine Minor Subdivision
Meeting Date: December 8, 2020
Title: Consideration and Possible Approval of Moab City Resolution #40-2020,
A Resolution Approving the Jasmine Minor Subdivision of Property
Located at 1089 N Main Street, Moab, Utah 84532.
Disposition: Discussion and Possible Action
Staff Presenter: Cory P. Shurtleff, Assistant Planner
Attachment(s):
- Exhibit 1: Draft Moab City Resolution #40-2020
- Exhibit 2: Vicinity Map
- Exhibit 3: Recorded County Plat
- Exhibit 4: Draft Survey Plat
Options:
1. Approval with or without modifications
2. Continue action on the item and give specific
direction to the applicant and staff as to additional
information needed.
3. Deny the minor subdivision
Recommended Motion: I move to Approve Moab City Resolution #40-2020, A
Resolution Approving the Jasmine Minor Subdivision of property located at 1089 N
Main Street, Moab, UT 84532.
Applicant: J.J. Wang, 168 E Center Street, Moab, UT
Background:
Applicant, J.J. Wang, submitted the City of Moab Minor Subdivision Application on
September 21, 2020, for the two-lot subdivision of property located at 1089 N Main
Street, Moab UT. On October 7, 2020, the Development Review Team reviewed and
supplied comments on the submitted information , sent to the applicant on October 7,
2020. At this time, the application was submitted for review and recommendation by the
Moab Planning Commission. The minor subdivision was positively recommended 4-0 by
the Planning Commission to the City Council.
Project Summary:
Location: 1089 N Main Street, Moab UT 84532
Property Owner: Wang Organization LTD.
Applicant: J.J. Wang
Parcel Size: 40 acres (1,742,000 sf)
Proposed Lot 1: 1.63 acres (71,191 sf)
Proposed Tract A: 39.56 acres (1,723,026 sf)
Zoning: C-4 General Commercial Zone
Proposed Use: Existing Commercial
Narrative Summary:
The property owner is proposing to subdivide the existing property at 1089 N Main
Street, Moab, UT, with the existing “Motel 6” commercial business to be located on Lot 1
of the proposed subdivision, and the vacant land to the north and west of the hotel to be
located on Tract A of the proposed subdivision. There are currently no plans for future
development or redevelopment on either proposed lot.
Process:
MMC Section 16.08.020 allows for exceptions to the final plat hearing process for minor
subdivisions of five lots or less. These applications must be reviewed by the Planning
Commission and referred to Council with a recommendation, as noted below.
“MMC Section 16.08.020, Exceptions--Final plat, discusses the process and required
documents
In subdivisions of less than five lots, land may be sold after recording of a plat, if all the
following conditions are met:
A. The subdivision plan shall have been approved by the planning commission,
the planning coordinator, the city engineer, the city attorney, other agencies the
zoning administrator deems necessary, and the city council;
B. The subdivision is not traversed by lines of a proposed street, and does
not require the dedication of any land for street or other purposes;
C. Each lot within the subdivision meets the frontage width and area requirements
of the zoning title or has been granted a variance from such requirements by the
appeal authority;
D. All final plat requirements shall be complied with;
E. All provisions of Chapter 16.20 of this title shall be complied with; and
F. The water supply and sewage disposal shall have been approved by the
utility supervisor
CITY OF MOAB RESOLUTION NO. 40-2020
A RESOLUTION APPROVING THE JASMINE MINOR SUBDIVISION AT 1089 N MAIN STREET,
MOAB, UT 84532, AS REFERRED TO COUNCIL BY THE MOAB PLANNING COMMISSION
WHEREAS, The following describes the intent and purpose of this resolution:
a. Property Owner Wang Organization LTD., and J.J. Wang (Applicant), have applied for a minor
subdivision of the property located at 1089 N Main Street, Moab, Utah; and
b. Applicant submitted to the City of Moab the appropriate application and documents for review
and approval of the proposed two-lot minor subdivision as required in MMC Chapter 16.08.020;
and
c. The property is in the C-4 General Commercial Zone and the proposed uses are allowed as
permitted uses within the zone; and
d. Owner desires to subdivide the 40 acre parcel (#01-0035-0030) into two lots. The proposed Lot 1
as 1.63 acres (71,191 sf) and proposed Tract A as 39.56 acres (1,723,026 sf); and
e. The proposed lots satisfy the dimensional requirements of the C-4 Zone; and
f. The Moab Planning Commission reviewed the application for the Jasmine Minor Subdivision in a
regularly scheduled meeting held on October 22, 2020, and subsequently recommended approval
to the City Council in accordance with MMC Chapter 16.08.020 that allows a minor subdivision
of less than five (5) lots to be reviewed without a public hearing; and
g. The Moab City Council reviewed the application and considered the Planning Commission and
Staff recommendations in a public meeting held on December 8, 2020; and
h. Following the consideration of the technical aspects of the pertinent code sections, the Moab City
Council, pursuant to Resolution #40-2020, hereby finds, that the subdivision can meet or exceeds
the pertinent code requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the
Jasmine Minor Subdivision is hereby APPROVED.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council on December 8, 2020.
SIGNED: ________________________________
Emily Niehaus, Mayor
ATTEST: ________________________________
Sommar Johnson, Recorder
Moab City Council Agenda Item
MAPS Phase III Minor Subdivision
Meeting Date: December 8, 2020
Title: Consideration and Possible Approval of Moab City Resolution #45-2020,
A Resolution Approving the MAPS Phase III Minor Subdivision of
Property Located at Care Campus Drive, Moab, Utah 84532, Parcel #01-
0MAP-0004
Disposition: Discussion and Possible Action
Staff Presenter: Cory P. Shurtleff, Assistant Planner
Attachment(s):
- Exhibit 1: Draft Moab City Resolution #45-2020
- Exhibit 2: Vicinity Map
- Exhibit 3: Draft Plat
Options:
1. Approve with or without modifications
2. Continue action on the item and give specific
direction to the applicant and staff as to additional
information needed.
3. Deny the minor subdivision
Recommended Motion: I move to Approve Moab City Resolution #45-2020, A
Resolution Approving the MAPS Phase III Minor Subdivision of property located at
Care Campus Drive, Moab, UT.
Applicant: Joette Langianese, CHSSD Chair
Background:
Jennifer Sadoff, in coordination with Applicant, Joette Langianese, submitted the City of
Moab Minor Subdivision Application on October 20, 2020, for the two-lot subdivision of
property located at Care Campus Drive, Moab UT; Parcel #01-0MAP-0004. On
November 4, 2020, the Development Review Team reviewed and supplied comments
on the submitted information, sent to the applicant on November 6, 2020. At this time,
the application was submitted for review and recommendation by the Moab Planning
Commission. The minor subdivision was positively recommended 5-0 by the Planning
Commission to the City Council.
Project Summary:
Location: Care Campus Drive, Moab UT 84532
Property Owner: Canyonlands Health Care Special Service District
Applicant: Joette Langianese, CHSSD Chair
Parcel Size: 7.83 acres (341,169 sf)
Proposed Lot 2A: 5.95 acres (259,190 sf)
Proposed Lot 2B: 1.88 acres (81,979 sf)
Zoning: R-4 Manufactured Housing Residential Zone; and C-2 Commercial –
Residential Zone
Proposed Use: Health Care Facilities
Narrative Summary:
The property owner is proposing to subdivide the existing property, currently vacant
land, to allow for potential future sale for future health care facility development.
Process:
MMC Section 16.08.020 allows for exceptions to the final plat hearing process for minor
subdivisions of five lots or less. These applications must be reviewed by the Planning
Commission and referred to Council with a recommendation, as noted below.
“MMC Section 16.08.020, Exceptions--Final plat, discusses the process and required
documents
In subdivisions of less than five lots, land may be sold after recording of a plat, if all the
following conditions are met:
A. The subdivision plan shall have been approved by the planning comm ission,
the planning coordinator, the city engineer, the city attorney, other agencies the
zoning administrator deems necessary, and the city council;
B. The subdivision is not traversed by lines of a proposed street, and does
not require the dedication of any land for street or other purposes;
C. Each lot within the subdivision meets the frontage width and area requirements
of the zoning title or has been granted a variance from such requirements by the
appeal authority;
D. All final plat requirements shall be complied with;
E. All provisions of Chapter 16.20 of this title shall be complied with; and
F. The water supply and sewage disposal shall have been approved by the
utility supervisor
CITY OF MOAB RESOLUTION NO. 45-2020
A RESOLUTION APPROVING THE MAPS PHASE III MINOR SUBDIVISION AT CARE CAMPUS
DRIVE NORTH, MOAB, UT 84532, PARCEL #01-0MAP-0004, AS REFERRED TO COUNCIL BY THE
MOAB PLANNING COMMISSION
WHEREAS, The following describes the intent and purpose of this resolution:
a. Property Owner Canyonlands Health Care Special Service District, and Joette Langianese
(Applicant), have applied for a minor subdivision of the property located at Care Campus Drive,
Moab Utah, Parcel #01-0MAP-0004; and
b. Applicant submitted to the City of Moab the appropriate application and documents for review
and approval of the proposed two-lot minor subdivision as required in MMC Chapter 16.08.020;
and
c. The property is in the R-4 Manufactured Housing Residential Zone; and C-2 Commercial
Residential Zone; and the proposed uses are allowed as permitted uses; and
d. Owner desires to subdivide the 7.83 acre parcel (#01-0MAP-0004) into two lots. Lot 2A would
be 5.95 acres (259,190 sf) and Lot 2B would be 1.88 acres (81,979 sf); and
e. The proposed lots satisfy the dimensional requirements of the R-4 Zone and C-2 Zone; and
f. The Moab Planning Commission reviewed the application for the MAPS Phase III Minor
Subdivision in a regularly scheduled meeting held on November 12, 2020, and subsequently
conditionally recommended approval to the City Council in accordance with MMC Chapter
16.08.020 that allows a minor subdivision of less than five (5) lots to be reviewed without a
public hearing; and
g. The Moab City Council reviewed the application and considered the Planning Commission and
Staff recommendations in a public meeting held on December 8, 2020; and
h. Following the consideration of the technical aspects of the pertinent code sections, the Moab City
Council, pursuant to Resolution #45-2020, hereby finds, that the subdivision can meet or exceeds
the pertinent code requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the
MAPS Phase III Minor Subdivision is hereby APPROVED.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council on December 8, 2020.
SIGNED: ________________________________
Emily Niehaus, Mayor
ATTEST: ________________________________
Sommar Johnson, Recorder
Moab City Council Agenda Item
Meeting Date: December 8, 2020
Title: An ordinance imposing a local sales and use tax of one-tenth (1/10) of one percent
(0.1%) to fund cultural arts facilities and programs and recreation facilities in the City of
Moab, providing severability and an effective date for the ordinance.
Presenter: Joel Linares
Attachment(s):
• Proposed Ordinance
• Code
Suggested Motion: I move to adopt Ordinance #2020-16, “An ordinance imposing a local sales
and use tax of one-tenth (1/10) of one percent (0.1%) to fund cultural arts facilities and programs
and recreation facilities in the City of Moab, providing severability and an effective date for the
ordinance.”
Background/Summary:
The City of Moab placed a question on the 2020 ballot to seek approval from its residents to
adopt a local sales and use tax of 0.1 percent within the City on authorized transactions to fund
recreation amenities and cultural arts facilities in the City (commonly referred to as the “RAP”
Tax), pursuant to Utah Code Annotated §59-12-1401. This proposition was approved by voters
by a margin of 57% to 43% and a cultural arts and recreation sales tax was approved by the
voters of the City.
Pursuant to Utah Code Annotated §59-12-1402, the tax may now by imposed by a majority vote
of the Governing Body. Adoption of this ordinance will impose the RAP Tax affective April 1,
2021.
CITY OF MOAB
ORDINANCE NO. 2020-16
AN ORDINANCE IMPOSING A LOCAL SALES AND USE TAX OF ONE-TENTH
(1/10) OF ONE PERCENT (0.1%) TO FUND CULTURAL ARTS FACILITIES AND
PROGRAMS AND RECREATION FACILITIES IN THE CITY OF MOAB,
PROVIDING SEVERABILITY AND AN EFFECTIVE DATE FOR THE ORDINANCE.
WHEREAS, the City of Moab placed a question on the 2020 ballot to seek approval from its
residents to adopt a local sales and use tax of 0.1 percent within the City on authorized
transactions to fund recreation amenities and cultural arts facilities in the City (commonly
referred to as the “RAP” Tax), pursuant to Utah Code Annotated §59-12-1401 et seq.; and
WHEREAS, the ballot proposition passed by a margin of 57% to 43% and a cultural arts and
recreation sales tax was approved by the voters of the City; and
WHEREAS, pursuant to Utah Code Annotated §59-12-1402, the tax may now by imposed by a
majority vote of the Governing Body; and
WHEREAS, the Council finds that Title 3 Revenue and Finance, Chapter 19 of the Moab City
Code entitled “Recreation, Arts and Parks Tax” should be enacted to govern the imposition,
administration, and distribution of the cultural arts and recreation sales tax;
NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE MOAB CITY
COUNCIL AS FOLLOWS:
Section I. City Code
Moab City Municipal Code, Title 3, Chapter 19, “Cultural Arts and Recreation Tax,” is hereby
enacted as follows:
Chapter 3.19 Recreation, Arts and Parks Tax
3.19.010 Title
3.19.020 Purpose
3.19.030 Tax
3.19.040 Citizens Advisory Committee
3.19.050 Effective Date
3.19.060 Mayor Authorized to City Manager Documents
3.19.010 Title
This chapter shall be known as the “Recreation, Arts and Parks Tax” of Moab City, or
alternatively, as the RAP Tax Chapter of the Municipal Code.
3.19.020 Purpose
It is the purpose of this Chapter to establish, impose, and levy a RAP tax in accordance with
Utah Code §59-12-1401 et seq., as such code may be amended from time to time.
3.19.030 RAP Tax
A. There is hereby imposed and levied, and there shall be collected, a local sales and use
tax of 1/10 of 1% (0.1) of the sales price upon all retail sales transactions, including
personal property, services, and meals, made within the City of Moab, except for the
exempt transactions listed in Utah Code Annotated §59-12-104.
B. For purposes of this Chapter, all retails sales shall be presumed to have been
consummated at the place of business delivered by the retailer or their agent to an out-
of-state destination or to a common carrier for delivery to an out-of-state destination.
In the event a retailer has no permanent place of business, the place at which the retail
sales are consummated shall be as determined under the rules and regulations adopted
by the Utah State Tax Commission.
C. The tax revenues earned by the RAP tax shall be used to fund City or non-profit
projects within the City for recreational, cultural, and/or botanical facilities, including,
but not limited to, capital projects, programs, and ongoing operation expenses of
recreational and cultural facilities as such terms are defined in Utah Code Annotated
§59-12-1401 et seq.
D. The Mayor, with the advice and consent of the Council, shall appoint a citizens
committee consisting of three members who are residents of the City of Moab.
E. The citizen committee shall be a recommending board of the expenditures of RAP Tax
revenue with final expenditures being approved by the Moab City Council.
3.19.040 Citizens Advisory Committee
The Citizens Advisory Committee shall receive and review applications for funding for projects
eligible for RAP tax monies. The Committee shall make a recommendation to the Council for
projects and amounts to be funded.
3.19.050 Effective Date
The effective date of Moab City RAP Tax shall be April 1, 2021.
Section II. Severability
If any part of this ordinance or the application thereof to any person or circumstances shall, for
any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid,
such judgement shall not affect, impair of invalidate the remainder of this ordinance or the
application thereof to other persons and circumstances, but shall be confined to its operation to
the section, subdivision, sentence or part of the section and the persons and circumstances
directly involved in the controversy in which such judgement shall have been rendered. It is
hereby declared to be the intent of the City Council that this section would have been adopted if
such invalid section, provisions, subdivision, sentence or part of a section or application had not
been included.
Section III. Posting and Effective Date
This ordinance shall become effective at 5:00 p.m. on Tuesday, December 8, 2020.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MOAB,
THIS 8th DAY OF DECEMBER, 2020.
_________________________________
By Emily Niehaus
Mayor
ATTEST:
_________________________
Sommar Johnson, City Recorder
( S E A L )
Moab City Code Title 3 Revenue and Finance
Chapter 3.19
Recreation, Arts, and Parks Tax
2.92.010 Arches Hotspot Region Coordinating Committee, Number of Members,
Appointment, Term of Committee.
2.92.020 Compensation.
2.92.030 Vacancies and Removals for Cause.
2.92.040 The Chair
2.92.050 Powers and Duties.
2.92.060 The City Council Shall Retain the Following Powers:
3.19.010 Title
3.19.020 Purpose
3.19.030 Tax
3.19.040 Citizens Advisory Committee
3.19.050 Effective Date
3.19.060 Mayor Authorized to City Manager Documents
2.92.010. Arches Hotspot Region Coordinating Committee, Number of Members,
Appointment, Term of Committee.
1. In the creation of the Arches Hotspot Regional Coordinating Committee, it is herein
decreed that:
a. The Committee shall consist of seven (7) members.
b. Committee Members shall serve for the duration of the Committee which shall be
one year from the date of the adoption of the Ordinance creating it.
c. Four (4) Committee members shall be appointed by the Moab City Council by
simple majority.
d. Three (3)
3.19.010 Title
This chapter shall be known as the “Recreation, Arts and Parks Tax” of Moab City, or
alternatively, as the RAP Tax Chapter of the Municipal Code.
3.19.020 Purpose
It is the purpose of this Chapter to establish, impose, and levy a RAP tax in accordance with
Utah Code §59-12-1401 et seq., as such code may be amended from time to time.
3.19.030 RAP Tax
A. There is hereby imposed and levied, and there shall be collected, a local sales and use
tax of 1/10 of 1% (0.1) of the sales price upon all retail sales transactions, including
personal property, services, and meals, made within the City of Moab, except for the
exempt transactions listed in Utah Code Annotated §59-12-104.
Moab City Code Title 3 Revenue and Finance
B. For purposes of this Chapter, all retails sales shall be presumed to have been
consummated at the place of business delivered by the retailer or their agent to an out-
of-state destination or to a common carrier for delivery to an out-of-state destination.
In the event a retailer has no permanent place of business, the place at which the retail
sales are consummated shall be as determined under the rules and regulations adopted
by the Utah State Tax Commission.
C. The tax revenues earned by the RAP tax shall be used to fund City or non-profit
projects within the City for recreational, cultural, and/or botanical facilities, including,
but not limited to, capital projects, programs, and ongoing operation expenses of
recreational and cultural facilities as such terms are defined in Utah Code Annotated
§59-12-1401 et seq.
D. The Mayor, with the advice and consent of the Council, shall appoint a citizens
committee consisting of three members who are residents of the City of Moab.
E. The citizen committee shall be a recommending board of the expenditures of RAP Tax
revenue with final expenditures being approved by the Moab City Council.
3.19.040 Citizens Advisory Committee
The Citizens Advisory Committee shall receive and review applications for funding for projects
eligible for RAP tax monies. The Committee shall make a recommendation to the Council for
projects and amounts to be funded.
3.19.050 Effective Date
The effective date of Moab City RAP Tax shall be April 1, 2021.
Moab City Council Agenda Item
Meeting Date: December 8, 2020
Title: A list of priorities for the City of Moab for the 2021 Utah Legislative Session.
Presenter (s): Joel Linares and Casey Hill, Red Hills Strategic
Attachment(s):
Suggested Motion: No motion required
Background/Summary:
Casey Hill, Moab City lobbyist, will be joining the discussion. This agenda item is for the City
Council to outline the City of Moab’s legislative priorities for the 2021 Utah Legislative Session.
The 2021 Legislative Session will be held from January 19, 2021, through March 5, 2021. It is
yet to be determined what access the public and legislative teams will have throughout the
session.
Priorities that have been indicated to staff include:
• off-highway vehicle regulations
• public noticing
• road infrastructure appropriation
• TRT sunset provision for municipalities
• affordable housing
Discussion to be held to add or remove other items.
City of Moab
Regular Meeting Schedule
2021
The City of Moab will hold Regular City Council Meetings at 7:00 PM with workshops
usually beginning at 6:30 PM on the second and fourth Tuesdays of each month. All
Regular City Council Meetings will be held in the Moab City Council Chambers at 217
East Center Street, Moab, Utah. Meeting dates will be as follows:
Regular Meeting January 12 Regular Meeting/Joint
Planning Commission
January 26
Regular Meeting February 9 Regular Meeting February 23
Regular Meeting March 9 Regular Meeting March 23
Regular Meeting April 13 Regular Meeting/Joint
Planning Commission
April 27
Regular Meeting May 11 Regular Meeting May 25
Regular Meeting June 8 Regular Meeting June 22
Regular Meeting July 13 Regular Meeting/Joint
Planning Commission
July 27
Regular Meeting August 10 Regular Meeting August 24
Regular Meeting September 14 Regular Meeting September 28
Regular Meeting October 12 Regular Meeting/Joint
Planning Commission
October 26
Regular Meeting November 19 Regular Meeting November 23
Regular Meeting December 14 Regular Meeting December 28
/s/ Sommar Johnson
City Recorder
Published in the Times Independent, December 17 and December 24, 2020.
City of Moab
Holiday Schedule
2021
Moab City Offices will be closed on the following holidays during 2021:
New Year’s Day January 1 Friday
Dr. Martin Luther King Jr. Day January 18 Monday
Presidents’ Day February 15 Monday
Memorial Day May 31 Monday
Independence Day (Observed) July 5 Monday
Pioneer Day (Observed) July 23 Friday
Labor Day September 6 Monday
Indigenous Peoples’ Day October 11 Monday
Veterans’ Day November 11 Thursday
Thanksgiving Day November 25 Thursday
Day After Thanksgiving November 26 Friday
Christmas Eve (Observed) December 23 Thursday
Christmas Day (Observed) December 24 Friday
*December 25, 2021 – January 2, 2o22
/s/ Sommar Johnson
City Recorder
Published in the Times Independent, December 17 and December 24, 2020.