HomeMy Public PortalAboutMIN-CC-2020-02-18 Joint City Council County Council Meeting
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February 18, 2020
MOAB CITY COUNCIL MINUTES
SPECIAL JOINT CITY COUNCIL AND GRAND COUNTY COUNCIL
MEETING
February 18, 2020
Call to Order and Attendance: The Moab City Council attended a Special Joint City Council
and Grand County Council Meeting on the above date in the Grand County Council Chambers at
125 East Center Street, Moab, Utah. An audio recording of the meeting is archived at
http://www.utah.gov/pmn/index.html. In attendance were Mayor Emily Niehaus and City
Councilmembers Kalen Jones, Karen Guzman-Newton, Tawny Knuteson-Boyd and Mike
Duncan. Councilmember Rani Derasary was not in attendance. Also present were City Manager
Joel Linares, Assistant City Manager Carly Castle, Communications and Engagement Manager
Lisa Church, Senior Projects Manager Kaitlin Myers, City Engineer Chuck Williams, Recorder
Sommar Johnson and Deputy Recorder Joey Allred. Representing Grand County were Council
Chair Mary McGann, Councilmembers Greg Halliday, Gabriel Woytek, Jaylyn Hawks, and
Curtis Wells. Members of County staff were also present. Representing the town of Castle Valley
were Mayor Jazmine Duncan, Councilmembers Bob O’Brian, Pamela Gibson, Tory Hill, and
Harry Holland. Members of the media and public attended. County Council Chair McGann
opened the meeting at 12:03 PM.
Proposed Resolution 12-2020: A Resolution in Support of Ratification by Utah of
the Equal Rights Amendment to the United States Constitution—Approved
Discussion and Motion: Grand County Council Chair McGann opened the meeting by
reviewing the resolution. She stated that, since the resolution hadn’t made it into the packet 48
hours prior to the meeting, she would entertain a motion to suspend the rules and vote on it.
County Councilmember Curtis Wells moved to suspend the rules and vote on the resolution.
County Councilmember Jaylyn Hawks seconded the motion.
Vote: The motion to vote on this resolution passed unanimously with Moab City
Councilmembers, Grand County Councilmembers, and Castle Valley Councilmembers all voting
aye.
Motion: Grand County Chair McGann asked the Grand County Council for a motion to pass
and adopt this resolution. It was moved and seconded by Grand County Councilmembers.
Mayor Niehaus asked City Council for a motion to vote to approve and adopt the resolution.
Councilmember Guzman-Newton moved to approve the resolution. Councilmember Knuteson-
Boyd seconded the motion. Castle Valley Mayor Duncan asked the Town of Castle Valley for a
motion to approve and adopt the resolution. It was moved and seconded by Castle Valley
Councilmembers.
Discussion: County Chair McGann stated that the subject was open for discussion. She also
said that she worked very hard on the Equal Rights movement in the 1970’s, and she’s very
excited that it may pass in her lifetime. Mayor Niehaus thanked all the inspirational women who
are trailblazers on councils and in business. She stated that she wanted to recognize the women
who couldn’t attend this meeting, because they are teaching at our schools, working from home,
or running their own businesses. She also thanked the women who have inspired her to follow
her dreams, like her friend Council Chair McGann. Councilmember Guzman-Newton thanked
Jessica O’Leary for asking Congressman Curtis if he would please move forward with ratifying
the ERA (Equal Rights Amendment) federally. Councilmember Knuteson-Boyd recalled
marching on behalf of the ERA in 1973 and said that it’s about time. Councilmember Duncan
stated, on behalf of his two daughters, he is in full support of this resolution.
Vote: Grand County Council passed the motion unanimously. City of Moab Council passed the
motion unanimously 4-0 with Councilmembers Jones, Guzman-Newton, Knuteson-Boyd and
Duncan voting aye. The Town of Castle Valley Council passed the motion unanimously.
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February 18, 2020
County Chair McGann requested a ten minute recess before the County and City Councils
continue their discussions. The meeting was reconvened by County Chair McGann at 12:30 PM.
County Councilmember Evan Clapper joined the meeting. The Town of Castle Valley Mayor and
Council were not present for the following discussions.
UDOT Recreational Hotspot Funding
Discussion: County Councilmember Wells stated that there were few opportunities to have
discussions with both the City and County Councilmembers in the same room on record. He
stated that the goal is to discuss the program itself and provide a brief review of how the
program was created. He said the program had evolved from a bypass project to considering
other projects for the funding. He stated that the meetings of the Arches Hotspot Region group
were a collaboration between the City and the County. He requested that both Council’s
recognize City Councilmember Guzman-Newton as she introduces a document that she’s
created. City Councilmember Guzman-Newton stated that, when County Councilmember Wells
spoke at citizens to be heard three weeks ago, it opened her eyes to the potential of solving
problems and having a different discussion about Hotspot Funding. She stated that the
evolution of the Hotspot Funding began before she was in office. She said that the County, City
and private citizens have started a Transit Committee that is looking at solutions for our valley.
She stated that she has asked community members what they would do with $10 million dollars,
and no one has suggested a parking structure. She read aloud the Statement of Consensus:
“Moab City and Grand County, also Referred to as the Arches Hotspot Region, Regarding the
UDOT Recreational Hotspot Funding Program As members of the governing body of the City of
Moab, we share herein our unified position on the UDOT Recreational Hotspot Funding of the
Cooperative Agreement regarding a downtown parking structure, and dispersed parking. With
our fiduciary responsibilities and authority to review and direct municipal administration in
mind, we have arrived at the following position: • We hereby direct the City Manager to
immediately pause the $8.3 million UDOT Cooperative Agreement for the Moab Downtown
Parking Structure, and to immediately pause all requests for UDOT funding for dispersed
parking. • We hereby direct the City Manager to work with UDOT in good faith and with
justifiable reason to negotiate the termination of the UDOT Cooperative Agreement as the costs
of the parking structure have increased beyond our control and are now significantly higher than
the funds allocated by UDOT. The current cost estimate is $10 million for 250 parking stalls
versus the 320 parking stalls for $8.3 million as stipulated in the contract. This does not include
the additional financial responsibility of the City to maintain and operate the structure. We can
no longer recommend a parking structure as appropriate use of taxpayer funds. We direct the
City Manager to work with UDOT to insure that upon termination, all funds are returned to
UDOT minus funds expended to date, as stipulated in the Cooperative Agreement. • As members
of the City Council we are seeking a return of these discussions to the “Arches Hotspot Region,”
format as co-members with Grand County. It is our priority that awards from this funding
program be appropriated for the highest and best use of the UDOT Recreational Hotspot
Funding to alleviate congestion, increase economic and tourism opportunities, and increase
recreational opportunities as mandated by this funding. • We advocate that the UDOT
Recreational Hotspot Funding be used to study and implement a Public Transit System utilizing
a fleet of shuttles, with a long-term emphasis on zero emissions vehicles. The area of
investigation shall be determined at the appropriate time. • We advocate that the UDOT
Recreational Hotspot Funding be used for dispersed parking that specifically supports a Public
Transit System, with surface parking prioritization in the City and County owned land within
300 feet of designated bus stops along US-191 and Spanish Valley Drive. • We proudly
acknowledge that the Transit System will greatly enhance the quality of life of our local
community by relieving congestion on our roads, and is in keeping with the objective of the
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February 18, 2020
General Plan to protect our natural resources, to maintain a high standard of air quality in our
region, to protect the natural beauty of our view shed, and to promote and facilitate affordable
housing throughout Spanish Valley. We greatly appreciate the support and collaborative efforts
of UDOT staff. We fully understand that updating our project request to re-appropriate UDOT
Recreational Hotspot funds for a Transit System will require a formal discussion with and
request to the State Transportation Commission. We have enjoyed and appreciated very much
past opportunities to communicate our challenges, needs, and opportunities with the State
Transportation Commission and would enjoy additional opportunities to do so as we learn more
from the transit studies and as our transit system planning continues to evolve. Respectfully,
Karen Guzman-Newton”. Councilmember Guzman-Newton stated that she sent this document
to Councilmember Derasary prior to the meeting. She stated that Councilmember Derasary said,
“Please take this email as a declaration of my support of the ‘Members of the Moab City Council
Statement of Consensus’ regarding City and County UDOT Arches Recreational Hotspot
Funding.” Councilmember Guzman-Newton further stated that Councilmember Derasary says,
“It would be most desirable to have a workshop revisioning funds and what projects the
community would benefit from at the time assuming UDOT and should the State Transportation
Commission be amenable. If there are multiple workshops of revisioning it seems like the place
you want to start is at workshop number one, so the cart is now before the horse. I am most
excited about the prospect of a valley transportation system, should that prove realistic,
affordable for all of us. On the surface it seems the shuttle or bus service would serve a much
greater number of our residents, visitors, businesses and workforce. And moving people with
fewer vehicles than the example of one parking lot, regardless of where that might be. If helpful,
I also support all the suggestions residents made at our last council meeting about the need to
implement low-hanging fruit. Things recommended in the parking plan, such as increased
signage to direct folks to parking and time limits on downtown parking to help with the problem
of folks parking all day in one spot. I would also like to honor the request to garner the diverse
spectrum of business voices and determining how best to maximize dispersed parking. That
seems like it would meld nicely into the same visioning workshop above. Thanks to all of you. It
takes reflections and guts to revisit a decision when circumstances change, but it does seem to
me consistent with the definition of good governance to stop and reassess when changes do
occur, particularly to reflect on whether the best use of public funds has shifted. I commend you
for doing that. Briefly, Rani”. Councilmember Guzman-Newton stated that this is an
opportunity. She said that she wanted to open this up for her fellow councilmembers and Grand
County Council to join in these efforts. County Councilmember Hawks stated that this document
is powerful, and she fully supports it. She stated that a parking structure does not meet the
mandates of the funding. She said that other suggestions are more closely aligned with the
funding goals. Councilmember Knuteson-Boyd stated that it was too bad the document wasn’t
shared with the rest of the City Council prior to the meeting. Councilmember Guzman-Newton
stated that she had just finished the document this morning. Councilmember Duncan stated
that he had seen the document. Councilmember Duncan stated that he had asked City staff if the
money could be redirected to what is viewed as a better use of the funds. He said that City staff
indicated that the City would become liable for the money that has already been spent on the
parking structure design. He said that UDOT has indicated that if the City chooses another goal
that meets the criteria, then UDOT would consider it. Councilmember Duncan stated that he’d
expressed concern to the former City Manager about the direction the project was heading. He
stated that the parking garage design currently can’t accommodate oversized vehicles. He said
that he would like to discuss a dispersed shuttle system. UDOT Deputy Director Monte Aldridge
and Project Manager Ryan Anderson were asked to join the conversation. Deputy Director
Aldridge stated that there is latitude regarding a hardline for the project to be completed. He
said that one of the biggest challenges will be identifying a project that meets the intent of the
funding. He said another challenge is to have consensus and support on a project that can be
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February 18, 2020
delivered. He said that transit would need to be studied, and there will need to be discussion
with senior leadership and the Transportation Commission to figure out how to do that. He
stated that UDOT is here as a partner to try and work through issues. He said that he doesn’t
know if the Transportation Commission will give approval for a different project and it would
need discussed. Mayor Niehaus stated that City Council and UDOT signed an agreement in May
2019 to move forward with the parking structure project and a second agreement was signed in
October 2019 with Kimley-Horn for the design of the structure. She stated that since the City is
in a contractual agreement with both UDOT and Kimley-Horn, this statement could be a breach
of contract. She clarified that the deadline for project selection has passed, and the City chose a
direction. Project Manager Ryan Anderson stated that the $10 million amount was arrived at
based on conceptual estimates from a list of ten proposed projects that was taken to the
Transportation Commission. He said that the list included a parking structure, dispersed
parking, and Main Street improvements. He stated that there haven’t been any conceptual
numbers done regarding a transit system. Mayor Niehaus asked if the transit system could be
considered by UDOT and the Transportation Commission in addition to the projects that were
originally funded. Deputy Director Aldridge said that it would be difficult for the City to receive
additional funding because the program is very tight currently. He stated that St. George has
been looking at the possibility of a transit system for over a year, and they still haven’t ordered
busses yet. Mayor Niehaus stated that the cost of maintenance for a transit system also needs to
be considered. Councilmember Jones stated that he was a member of the original Hotspot
Stakeholders Group, as were Councilmember Knuteson-Boyd and County Councilmembers
Hawks and Wells. He said that the purpose of the group was to have representation from the
affected local governments, and the conversations were wide-ranging as they looked at options
such as a multi-use path in Spanish Valley. He stated that the results were projects that would
benefit the community and had reasonable expectations. He expressed concern about going
back to UDOT and the Transportation Commission with a project that isn’t well-defined which
was rejected in the initial discussions by the group. He stated that UDOT is providing significant
funding for a regional transportation plan currently which could result in a cost-effective transit.
Councilmember Wells reiterated that the goal of this discussion was to talk in a collaborative
manner. He then addressed Councilmember Knuteson-Boyd about her concern regarding the
document not being released prior to the meeting. He said that there is nothing wrong with what
City Councilmembers are doing to get on the same page. He said that Councilmember Guzman-
Newton is doing the right thing and it’s very brave. He stated that he’s had conversations with
UDOT that it would be shocking if the Transportation Commission denied a request to fund
another project if it met the criteria. He said that, due to the one-time funding, he feels an
obligation and responsibility to the public to get this project right. He said this direction is better
aligned with collaboration and finding projects that benefit the City and the County.
Councilmember Duncan stated that he agrees with County Councilmember Wells.
Councilmember Duncan said that he’s had preliminary discussions with Councilmember
Guzman-Newton about what a transit system would look like. He stated that he would like to
have a joint City and County workshop to get conceptual ideas for a transit system. He also said
that he would like public input. Councilmember Guzman-Newton stated that it seems
backwards to have all the cars from the hotels go to one location where there’s already
congestion. She said that there are many environmental standards that the County and the City
are trying to live up to and this is an opportunity to get more vehicles off the road. Mayor
Niehaus stated that City Council is having a meeting from 4-6 PM today about the parking
structure. Councilmember Guzman-Newton stated that the workshop tonight is focused on a
parking structure and that isn’t the discussion we should be having. She requested that Mayor
Niehaus take a straw poll to see what Councilmembers are feeling. Mayor Niehaus asked for a
straw poll vote on whether to stick with the parking structure. Councilmembers Jones and
Knuteson-Boyd voted to stick with the parking structure. Councilmembers Duncan and
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Guzman-Newton were opposed. Councilmember Guzman-Newton stated that Councilmember
Derasary is also opposed. Councilmember Jones asked if this was an electronic meeting and
stated that Councilmember Guzman-Newton is referencing communications that he hasn’t
received. Mayor Niehaus stated that it appears that Council is divided on the subject. She also
said that she isn’t willing to throw out the idea of a parking structure to use the funds for
something else. She stated that the point of the workshop tonight is to include the Design
Committee and the Council. She stated that her conversations with the Design Committee
indicate support in moving forward with the parking structure. Councilmember Knuteson-Boyd
said that she is open to looking at other projects, but that it needs to be considered that we are a
municipality that has already entered a contract. She said that she is not willing to scrap the
project. County Councilmember Clapper stated that this is a sensitive issue and it may be
difficult to change directions since the City is has already entered contracts. He stated that he
sees value in trying to deliver a project that the community is excited about and supports. He
said that there are many voices that are questioning the best way to spend this money in the
community. County Chair McGann said that she couldn’t weigh in on the topic right now.
County Councilmember Halliday said that recently a private citizen had tried to start a bus line
and that, as far as he knew, it didn’t work. He advised caution for considering a shuttle system.
Councilmember Hawks stated that she supports taking a pause to reevaluate. County
Councilmember Clapper said that having bus stops in place would help a transit system come to
fruition. Councilmember Duncan stated that the initial reason for the parking structure is that
people were concerned that parking on Main Street would be lost. He said that concern is not an
issue anymore. He said that the idea behind a transit system is to encourage visitors to leave
their cars at the hotels and residents to leave their cars at home. He said that this will reduce
congestion. Councilmember Jones stated that dispersed parking is also still being worked on.
Mayor Niehaus stated that the word consensus indicates that everyone agrees with the
statement. She said that the document wasn’t drafted with agreement by all City
Councilmembers. Mayor Niehaus asked Councilmember Guzman-Newton if she intended to
present this to City Council to get support. Councilmember Guzman-Newton stated that she
wanted to seek support from both the County and City Councils. County Councilmember
Woytek stated that he wants to see the Transportation Commission’s response to the notion of
changing directions.
Duplication of City/County Services and Opportunities for
Collaboration/Consolidation
Discussion: County Councilmember Wells recommended that the new City Manager and the
new County Council Administrator meet on specific issues where there are opportunities for
collaboration. He said that discussions regarding dispatch, recreation, building, planning, and
engineering could be collaborated on. Council Chair McGann stated that she is excited for the
two entities to work together. She said that the efficiency study indicated areas where we could
stop duplicating services. Councilmember Wells said that the study was not an all-inclusive list.
County Chair McGann said that it was a place to start. Councilmember Clapper stated that the
efficiency study list was not on the agenda summary. Mayor Niehaus said that this conversation
started when the City decided to bring in-house our own building inspector. City Manager
Linares stated that he will do whatever is directed by City Council; if they tell him to meet with
the County Council Administrator, he will follow through with that. He stated that it was
cheaper for the City to hire someone full time for building inspections. He said that it may look
like a duplication of services, but it provides a cost savings. He said that he is happy to look at
possible duplicate services; anywhere that there’s cost savings for both the City and the County
then everyone benefits. County Council Chair McGann said that County Council has had
conversations regarding collaboration with the City to get more bang for our buck. Mayor
Niehaus stated that most counties collaborate with multiple cities within their counties. She
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stated that we are unique.
Review of County/City Legislative Agendas for 2020 Utah Legislative Session
Discussion: County Council Chair McGann asked County Council Administrator Chris Baird to
join the discussion, since it will involve TRT (Transient Room Tax) tax. County Council
Administrator Baird said that the County TRT currently allows 47% spent on promotion and
53% towards mitigation. He said that the new split would be 32% for promotion and 68% for
mitigation. He said that the strategy has changed since the original draft; the intent is that the
amount of money collected for fiscal year 2018-2019 must be split 47:53. He said that any
growth beyond that would have a new split of 37:63 applied. He said that this change will be a
very slow process. He also stated that raising property taxes to make up the difference would
hurt 6,000 Grand County property owners, and it wouldn’t fix the costs associated with millions
of tourists coming to Moab/Grand County yearly. He stated that we can’t continue to drive
ourselves into financial insolvency if the legislation doesn’t change. Mayor Niehaus stated that
the removal of the sunset from TRT has been perceived as a win for cities. She said that the City
is supporting the County in their efforts regarding TRT. County Council Administrator Baird
stated that he redlined the current legislation to get it back to the initial proposed change, which
would better benefit the County. Mayor Niehaus said that the language has been shared with
Casey Hill, the individual lobbying on the City’s behalf at Capitol Hill. County Councilmember
Wells stated that the sponsor of the bill was trying to find a compromise with the tourism
industry association, and that the sponsor is pretty firm with the current structure of the bill,
unfortunately. County Chair McGann stated that she wants a unified front with the City and
County about how to approach legislators regarding this bill. She said that she doesn’t want to
make the situation worse or have the legislature pull the plug on this bill. Councilmember
Clapper expressed concern that, if we keep adjusting the formula, it will take years before the
bill is passed. Mayor Niehaus said that it’s appropriate to advocate for what was decided by our
local group of stakeholders. County Council Administrator Baird said that it could be an
opportunity to sign a joint resolution indicating agreement on the issue. He said that he doesn’t
feel it’s understood how critical this issue is for Grand County’s health and stability. County
Council Chair McGann asked if both councils want to work on a resolution or wait until next
year’s legislation. County Councilmember Wells said that he would be open to a meeting with
County Council Administrator Baird, a City Councilmember, and the legislator sponsoring the
bill.
Review of City/County Affordable Housing Policies and Their Impacts—
Postponed
Discussion: County Chair McGann suggested postponing the last two discussions. County
Councilmember Wells agreed. He stated that there’s opportunities for more continuity between
the County and the City’s affordable housing policies. He said that it’s a conversation that he
looks forward to having when everyone has more time. Councilmember Duncan said that he’s
curious how the high-density overlay is going to work.
Joint Vision Statement for City and County—Postponed
Discussion: County Council Chair McGann stated that this item would also be postponed. She
asked if anyone had comments. County Councilmember Hawks stated that she wasn’t clear
regarding the opposition to the TRT tax. County Council Administrator Baird said that he hasn’t
spoken with the opposition, so he doesn’t have an answer at this time. City Manager Linares said
that his job is to keep the City out of trouble. He said that, since Councilmembers Knuteson-
Boyd and Jones have left the meeting, there is no longer a quorum and the City must be done
with the meeting. County Council Administrator Baird stated that there is still a meeting
because the County has a quorum. City Manager Linares stated that he’d leave it up to Council
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to decide. County Council Administrator Baird said that an important item to discuss in the
future is coordination of the annexation and expansion plans. County Chair McGann stated that
the next meeting would have discussion regarding the two postponed topics and the annexation
concerns. County Council Chair McGann said that she’d like to meet in two months to discuss
those topics at City Hall. Mayor Niehaus proposed April 28 as the tentative meeting date.
County Council Chair Mcgann stated that the meeting is adjourned at 2:09 PM.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder