HomeMy Public PortalAboutMIN-CC-2020-02-25
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February 25, 2020
MOAB CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 25, 2020
The Moab City Council held its Regular Meeting on the above date in the Council Chambers at
the Moab City Center, located at 217 East Center Street, Moab, Utah. An audio recording of the
meeting is archived at http://www.utah.gov/pmn/index.html and a video recording is archived
at https://www.youtube.com/watch?v=RR6uhMgg5es.
Executive Closed Session:
Councilmember Guzman-Newton moved to enter an Executive Closed Session for a Strategy
Session to Discuss Reasonably Imminent and/or Pending Litigation. Councilmember Duncan
seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Duncan,
Guzman-Newton, Jones, and Knuteson-Boyd voting aye. Mayor Niehaus called the Executive
Session to order at 6:03 PM. Councilmember Jones moved to end the Executive Closed Session.
Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with
Councilmembers Derasary, Duncan, Guzman-Newton, Jones, and Knuteson-Boyd voting aye.
Mayor Niehaus ended the Executive Closed Session at 6:46 PM.
Regular Meeting—Call to Order and Attendance:
Mayor Niehaus called the meeting to order at 7:04 PM and led the Pledge of Allegiance. In
attendance were Councilmembers Karen Guzman-Newton, Mike Duncan, Tawny Knuteson-
Boyd and Kalen Jones. Councilmember Rani Derasary participated electronically. Staff in
attendance were City Manager Joel Linares, Assistant City Manager Carly Castle, Finance
Director Rachel Stenta, City Engineer Chuck Williams, City Planner Nora Shepard, City
Assistant Planner Cory Shurtleff, Moab Recreation and Aquatic Center (MRAC) Director Terry
Lewis, City Recorder Sommar Johnson and Deputy Recorder Joey Allred. 17 members of the
public and media were present.
Approval of Minutes: Councilmember Guzman-Newton moved to approve the minutes of
the January 28, 2020 meeting. Councilmember Duncan seconded the motion. The motion
passed 5-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd, Guzman-Newton and
Jones voting aye in a roll call vote.
Mayor and Council Reports:
Mayor Niehaus reported participating in press calls and spoke with legislators regarding the
Sand Flats parcels that the City opposed with Resolution 06-2020. She stated that the resolution
was fully supported by our representatives and the governor. She thanked the governor and
expressed gratitude to BLM for deferring the nominated parcels. She reported attending Film
Day on the Hill with Film Commission Director Metzner, a rural caucus, and a press conference
for the Utah Raptor State Park. She also attended a Women’s March with female leaders
including mayors from other cities. She attended the joint City Council and Grand County
Council meeting last Tuesday, as well as a meeting with the DAC. She attended the Governor’s
Rural Partnership Board Meeting and participated in Rural Day on the Hill. She stated that
legislation of interest includes H.B. 273 and H.B. 374. She said that both bills are opposed by the
ULCT.
Councilmember Derasary stated that she couldn’t attend the most recent ULCT meeting because
she’s been in Washington D.C. She said that H.B. 190 would require municipalities to provide
emergency medical services. This bill is opposed by ULCT due to lack of funding. She stated that
she’s in Washington D.C. with the Moab Tailings Project Steering Committee to lobby for
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February 25, 2020
sustained funding of the project. She said that the meetings are going well and that she would
provide a comprehensive report at the next Council meeting.
Councilmember Duncan thanked Assistant City Manager Castle for helping to organize a joint
City-Grand Water & Sewer Service Agency Coordinating Committee to communicate any sewer
rate changes. He reported participating in a Walnut Lane Selection Committee. He reported
attending a Water Advisory Board meeting. He thanked Assistant City Manager Castle for her
assistance in getting the Water Advisory Board organized. He thanked City Manager Linares for
facilitating the Emma Boulevard meeting and stated that it was a great joint City-Council
meeting. He reported participating in a telephone survey by Seekhaven. He stated that he did a
KZMU radio interview with high school students regarding universal basic income. He reported
attending a preview of the Moab Museum.
Councilmember Knuteson-Boyd reported attending a Canyonland Healthcare Special Service
District meeting. She stated that the Canyonlands Care Center has hired a new administrator
named Colette Lyman. She said that the Canyonlands Care Center completed its annual survey,
which indicated that the food service quality needs to be improved a bit. She reported attending
a Housing Authority meeting. She reported attending a Moab Museum Board meeting and a
preview of the museum.
Councilmember Guzman-Newton reported attending an event at the high school regarding
helping our children rise above the negative effects of social media. She said that that speaker,
Colin Kirschner, has a TED talk on YouTube that is worth watching. She reported attending a
census update committee meeting regarding the census grant and what it could be spent on. She
reported participating in an interview by national newspapers with Mayor Niehaus and Grand
County Chair McGann regarding oil and gas leases. She reported participating with
Councilmember Duncan on an interview with KZMU about the Slickrock trailhead. She reported
attending the joint City and Grand County Council meeting. She reported attending a school
board meeting about the school nurse position that was funded beginning last year. She said
that Mary Frothingham has helped students get their tier-2 vision exam, which is
unprecedented because it’s not mandated by the state. She reported attending the Western
Conference Junior High Science Fair at Colorado Mesa University. She also attended the Key
Leaderboard Meeting. She met with Keri Allred from RUCD (Rural Utah Child Development)
who said that a $100 million grant will be due this spring for the expansion and creation of early
head start programs. Councilmember Guzman-Newton stated that Mallory will invite SITLA,
City staff, and County staff to have a conversation regarding locations and opportunities for an
early head start program. She informed Mayor Niehaus that Mallory would like to present at the
next City Council meeting, if possible.
Councilmember Jones reported meeting with Kayci Cook Collins, the acting Superintendent for
the Southeastern Utah National Parks. He reported attending a webinar on parking reform for
the 21st century and the discussion included best practices to provide for parking needs. He
reported attending a meeting with City and County staff, local developers, and a consultant
called Incremental Development regarding facilitating small-scale local, residential, and
commercial development. He reported attending a Moab Dark Skies meeting, and a Grand
County Solid Waste Special Service District meeting. He reported attending a couple of
stakeholder meetings regarding the North end dispersed parking. He reported attending a Moab
Area Travel Council meeting with discussion about capitalizing on Grand County as one of the
most dinosaur rich areas in the world. He reported attending a Travel Council Sustainability
Committee meeting.
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Councilmember Guzman-Newton announced a free marketing opportunity through the Travel
Council for local Moab businesses. She said that businesses can be listed on the Discover Moab
website.
Administrative Report:
City Manager Linares thanked Grand County Community and Economic Director Zacharia
Levine for attending the meeting and invited him to provide an update on the transportation
planning for the Moab area.
Grand County Community and Economic Director Levine stated that currently there is
conceptualization of a three-phase approach to transportation planning. He said that the phases
are a regional transportation plan, a joint City-County transportation master plan, and a transit
study and design process. He stated that the first phase is spearheaded by UDOT, who continues
to show support and interest in the Moab area, and it will start soon. He said that this effort will
include Moab, Grand County, San Juan County, and SITLA who are operating under a
cooperative agreement that was signed last year. He said that phase two is exciting because the
County hasn’t updated their transportation plan since 2008, and the City has never had a
transportation plan. He said that the last phase is anticipated to use federal 5304 funds that are
administered by the state. He stated that the transit system in mind is not a park/tourist shuttle
system. He stated that the federal program requires a base level of service for year-round
residents. He discussed the scopes of work for each phase of the plan. Mayor Niehaus thanked
Levine for his presentation and asked if people could email him their questions. He said that he
could answer questions now. Councilmember Guzman-Newton asked about the estimated
timeline for the plan. Levine said that phase one would take about a year, and phase two could
start about six months into phase one. He also noted that a consultant was selected from
UDOT’s general engineering and consultant pool for the joint City-County transportation master
plan. Councilmember Duncan requested clarification on the transit study being used for
primarily year-round residents. Levine stated that the program requirements include a base
level of service for the permanent population. He said that there is an understanding in tourism-
based communities of a need to expand services during certain times of the year.
Finance Director Stenta provided a sales tax update and stated that all departments have
submitted budget requests for the next fiscal year. She explained that the Statewide Local POS
tax percent is calculated based on the local population; the more people that can be counted in
the census, the higher the percent. She said that the new sewer rates went into effect in
November, which shows a 9-12% increase in residential sewer and a 20-29% increase in
commercial sewer. She stated that the water rate study should have a draft available from the
consultants soon. She stated that the delinquent utility accounts have decreased thanks to the
Assistant Treasurer and the Billing Clerk’s efforts to increase communication. She stated that
most of the City’s revenue is sales based tax, and the City will need to plan accordingly regarding
Coronavirus and travel restrictions.
Assistant City Manager Castle said that she wanted to follow up on an item that Councilmember
Duncan had mentioned. She said that the City entered an ILA in 2016 with the Spanish Valley
Water and Sewer Improvement District when the new waste reclamation facility was built. She
said that one of the terms of the ILA requires that the City create a wastewater advisory board
with the membership consisting of two people appointed by City Council and two people
appointed by Grand County Council. She stated that she met with Dana Van Horn from GWSSA
(Grand Water and Sewer Service Agency), Councilmember Duncan, and a representative from
Spanish Valley. They discussed the critical importance of the respective agencies to share
information regarding operations, capital projects, and sewer rates. She said that Van Horn and
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Spanish Valley made it clear that they weren’t interested in being on a steering committee or
advisory board. She said that the recommendation after that meeting was an informal
information sharing between staff members.
City Manager Linares thanked the governor and BLM for removing the leasing sites. He stated
that the City sent letters thanking those individuals for that action.
Citizens to be Heard:
Wes Shannon, owner of the Love Muffin Café and La Sal House Restaurant, read from his
emails to the Council. He said that he’s been trying to gather information on the Hot Spot
money and the proposed projects. He said that one thing that stuck out was that UDOT can take
away Main Street parking. He said that the topic was brought up years ago and met with
resistance from the community. He stated that, with $10 million on the line, we’re going to take
a chance and hope that Main Street parking is not killed. He said that we’re essentially
transplanting Main Street parking into someone’s lap on 100 West. He asked about the rest of
the businesses on Main Street. He said that there could be a more logical way to use the money
which would benefit a broader scope. He said that if there’s even a 1% chance that parking on
Main Street could be taken away, then the money needs to be directed to a more viable option
that encompasses a plan for the community. He expressed concern for the direction the City is
headed.
Elizabeth Boone, architect with Reynolds Ash + Associates Architecture & Engineering, stated
that she wants to address item 10.2 on the agenda. She said that she’s been working on the
Henry Shaw Hotel since 2015. She said that after the workforce housing ordinance was passed,
she’s been working to come up with a solution to include workforce housing as part of the site
application. She said that City staff recommended that an amendment to the ordinance should
be considered, since developers have opted to pay the fee in lieu of providing workforce housing.
She reviewed the ordinance and stated that the construction costs of workforce housing would
be higher than paying the fee, which doesn’t provide an incentive to developers to add workforce
housing. She said that the average square foot per unit needs to be lower than 1,000. She said
that the proposal for the Henry Shaw Hotel is 400 square foot units for workforce housing.
Mayor Niehaus thanked Boone for her comments and requested that the presentation be made
available to Council.
Public Hearing:
Resolution 11-2020: A Resolution Amending the Fiscal Year 2019/2020 Budget: At
8:09 PM, Mayor Niehaus opened a public hearing to receive input on proposed Resolution 11-
2020. No citizens submitted forms for the public hearing, so Mayor Niehaus asked for a motion
to close. Councilmember Jones moved to close the public hearing. Councilmember Knuteson-
Boyd seconded the motion. The motion passed 5-0 by a roll call vote with Councilmembers
Jones, Guzman-Newton, Knuteson-Boyd, Derasary, and Duncan voting aye. Mayor Niehaus
closed the public hearing at 8:10 PM.
Old Business:
Update and Discussion of Hot Spot Funding and Additional Transportation
Projects
Discussion: Mayor Niehaus stated that this item is in response to questions and comments
that have been received regarding Hot Spot funding. She stated that the discussion will outline
what’s been happening, including the downtown transportation hub planning. She said that
Councilmember Derasary had a question regarding the two maps for Emma Boulevard. Mayor
Niehaus stated that one map has Maxine developed and one doesn’t. She stated that Hot Spot
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funding would not be used to develop Maxine. She said that businesses in the North Main Street
area are hoping to see some form of parking available since they will be affected by the loss of
parking on Main Street. She said that, for transparency, she wanted to share in a public meeting
why the Council is looking at developing parking on streets instead of collaborating with any of
the property owners. City Manager Linares stated that the current plan is a last resort. He said
that City staff had reached out to three churches in the area attempting to enter lease
agreements for the properties over a 20-year period that would allow the City to pave some of
the parking lots. He said that two of the church groups said no. He stated that the City entered
into negotiations with the Church of Christ for a lease agreement. The Church of Christ
expressed some concerns and the City had a second round of negotiations with them. Mayor
Niehaus asked who was in the meeting for clarity. City Manager Linares stated that the meeting
included City Engineer Williams, Bill Jackson from the Church of Christ, and himself. He said
that the City offered to gate off the area and install cameras. He stated that the agreement also
included that Sunday would be solely for church use. He also added that, if there were events
during the week where the church needed access, they would let the City know and the area
would only be available to the church during those events. He stated that, at that point, the
Church informed the City that they weren’t interested in entering into an agreement. He said
that the City had to figure out how to add parking to the roadway instead. He stated that the City
is still open to discussion with any of the church groups. He said that Keith VanArsdol from the
Community Church has reached out and the City is discussing some possibilities with them.
Mayor Niehaus asked if Council had any questions. Councilmember Duncan said that he was
under the impression that Mayor Niehaus was going to schedule a public hearing with all the
stakeholders at the next regular Council meeting. Mayor Niehaus clarified that it would be a
workshop, not a public hearing. She said that there are two levels of stakeholders for this
project: the businesses that are losing on street parking directly, and the larger area group of
stakeholders. She said that the conversations have been primarily with the businesses that will
be most affected by the Highway 191 Widening Project. She stated that a meeting with the first
level of stakeholders, City Manager Linares, and Councilmembers Duncan and Jones took place
where two things were determined: that there would be a workshop and all stakeholders would
be invited, and that the City would complete basic dirt work to improve parking on Maxine. City
Manager Linares said the meeting took place on President’s Day (February 17) and staff were
instructed the following day to start the dirt work. He said that it was completed on February 20
and provided four additional parking spaces. Mayor Niehaus said that, after the workshop, she
hopes to have a better idea of what to bring to Council as a final decision for the dispersed
parking funds. Councilmember Jones said that he had a meeting with Keith VanArsdol, the head
of maintenance for the Community Church, and City Engineer Williams on February 18. He said
that the Community Church appeared supportive of the Emma Boulevard parking, since it
would help them with some challenges as well. He said that the Community Church was also
supportive of improvements to Maxine. He said that options were discussed besides paving, and
he asked City Engineer Williams what $50,000 could buy. City Engineer Williams stated that it
would provide a chip seal over road base and striping. He said that the chip seal lasts five to
seven years. Mayor Niehaus indicated that the orange areas on the map are a park strip. City
Engineer Williams said that the large orange area would be a detention/retention basin with
plants to help take care of drainage. Mayor Niehaus asked Council if they wanted to add
anything else to this plan. City Engineer Williams said that a drinking fountain could be added.
Councilmember Knuteson-Boyd asked if people were parking on Maxine after the dirt work was
completed. City Manager Linares said that the area had dirt mounds and vegetation originally
and that the City flattened it out. City Engineer Williams clarified the concept plan that was
created for the Church of Christ property included a sidewalk to Maverik. Mayor Niehaus said
that, if the church wanted to consider this plan, the City is still open to it. City Manager Linares
said that the City would prefer that plan, because it provides more parking spots. He also
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reiterated that the City is open to discussions with any of the groups regarding parking lots.
Councilmember Guzman-Newton asked if there was an easement for the footpath from Maverik.
City Manager Linares said that it’s not an easement currently. Councilmember Jones asked if
the parking lot could be separated from the potential easement for public use, which would be
beneficial. Mayor Niehaus suggested that Council could propose an easement to the neighboring
landowner, the Red Rock Partners. She said that the easement could be discussed in the
workshop at the next Council meeting. Councilmember Jones stated that church leadership may
appear favorable, but the congregation could decide not to pursue the option. City Manager
Linares stated that was his impression when he met with the Church of Christ leadership. Mayor
Niehaus said that it’s important to understand that there was a design, redesign and a contract
presented to the Church of Christ before they said no. City Manager Linares said that he’s
willing to meet with the church leadership and the congregation if that would help.
Councilmember Derasary said that the community has expressed concern regarding how many
meetings have occurred in smaller groups without any recordings or minutes. She said that, if
there are misunderstandings from those meetings, there is no record to review what was
discussed and agreed upon. She said that, going forward, the meetings should be public and
recorded with minutes, which will help rectify any misunderstandings quickly. She stated that
it’s great that the dirt was cleared, but, once again, the City failed to communicate with
businesses. She said that she received a call from a business owner who was concerned about the
dirt being moved. Mayor Niehaus asked City Manager Linares to respond. He reiterated that the
community met on February 17 where it was requested that the City make parking spots in that
area. He stated that the verbal commitment to the community members present said that the
following morning he would give City staff direction to do the dirt work and create the parking
spots. He said that he met with the Streets Department at 8 AM on February 18 to start the
process. He said that the Streets Department began moving dirt on February 20. City Manager
Linares said that he didn’t contact the businesses to tell them that the dirt would be moved on
the 20th, because he had already indicated at the meeting on the 17th that the work would be
completed within the week. He said that, in the future, he will contact the community to
reestablish the connection as work progresses. Mayor Niehaus asked Councilmember Jones
what his impression was from the meeting on the 17th. Councilmember Jones said that he wasn’t
clear if there was a way to delineate the parking without additional surface treatment. He said
that the City does plenty of road work without consulting the Council. City Manager Linares said
that, going forward, he will contact the community to provide updates as the work progresses.
Councilmember Duncan said he received a call from Scott Newton when the dirt was being
moved. He said that Newton was delighted to have the little bit of parking created, although it
doesn’t solve the main problem of an easement. He said that Newton was pleased with this
gesture from the City. Mayor Niehaus asked Councilmember Derasary about the phone call that
she received. Councilmember Guzman-Newton requested to move forward. She said the
communication issue has been an ongoing issue since she’s been on the Council. City Manager
Linares said that communication will improve. Councilmember Derasary encouraged Council to
cast a wide net for the workshop and include not only the churches and the businesses, but also
the school and the apartments on Emma Boulevard. She said that she would watch the rest of
the Council meeting and save her comments for when she’s physically present, since she can’t
really hear what’s being said. Councilmember Derasary left the meeting at 8:44 PM. City
Manager Linares said that Councilmember Derasary’s points are well made and he’ll meet with
staff in the morning to make sure that the workshop is well advertised. He said that the word
will be spread on Facebook and through the email list also. He stated that the meeting on the
10th will be recorded and documented and that everyone will have access to it.
Mayor Niehaus said that the second item on this topic is the 100 South and Main Street West
parking lot redevelopment. She said that she has been in conversation with Mike Stoy, who is
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the managing member of the trust for his family. She said that Stoy runs the storage units that
are currently on location. She said that she showed the proposal to Stoy for his consideration.
Stoy informed Mayor Niehaus that, at this time, his mother is not interested in doing
improvements on their property. Mayor Niehaus said that there is an easement along the South
(where the parking spots are in the document) that the City could look at paving. She said that it
was critical to hear from Stoy first, given where the property lines are, before talking with other
property owners. She said that the parking area is on hold, but the City can pull together the
other businesses to do some structured parking there. Councilmember Jones said that people
are managing to park without the delineated parking spots currently. Mayor Niehaus said that if
the area was leveled and paved it would provide more parking.
Mayor Niehaus said the next item is the lot between Center Street and 100 North behind the
Post Office. She said that this drawing was taken from the original Hot Spot funding. She stated
that it is one of the more complicated options because it includes working with the Post Office.
She said that the goal for this project is to create a working group of businesses that are directly
adjacent to these parking areas. She said that it’s the biggest lift that would have a positive
impact for off Main Street parking. She stated that the focus has been parking for the businesses
North of town that are losing their Main Street parking due to the widening project.
Councilmember Knuteson-Boyd requested clarification for the parking location on the right side
of the drawing. City Manager Linares said that it was behind the Forest Service originally, but
they’ve indicated that they’re not interested. He said that the area in question is not being
considered until renegotiations occur with the Forest Service. Councilmember Guzman-Newton
said that Wells Fargo leases parking spaces to businesses. City Manager Linares said that there
are many hurdles for this parking area. He said that negotiations would be needed to address
the easement issues on the back side as well as addressing the spaces that are reserved for each
business. He said that, until the City is directed to proceed, it’s hard to know how many spaces
would be reserved for the businesses. Councilmember Jones stated that it looks like the
combination of the two lots will gain some efficiency. City Manager Linares stated that the area
is currently a big mess regarding who has easements and doesn’t have right of ways. He stated
that the City doesn’t even have right of ways. He said that the City receives complaints when the
alleyway needs repaved, but it’s not the City’s alleyway.
Mayor Niehaus stated that she wanted to show this East 100 South area. She said that there has
been discussion regarding parking for RV’s, so she worked with the Engineering Department to
come up with a concept design. She said that she has a meeting scheduled with the property
owners of the Best Western since they have an easement halfway into the street. She said that
she will share this design with the Rustic Inn as well. She stated that this plan mimics the
existing RV parking at the Moab Information Center (MIC). She said that she has a goal for a
parking app that would show people parking options regardless of the vehicle size. She said that
this concept for dispersed parking could use some Hot Spot funding. She said that it wouldn’t
require lease agreements and it could move forward with some basic improvements that
shouldn’t be too costly. City Engineer Williams said that this area is part of the 100 South Green
Infrastructure Project. He said that, under that project, a portion of the area would become a
cul-de-sac and the City is going to add bioswales to help take care of the storm drains. He said
that this provides access to the bike skills park. Mayor Niehaus asked if there could still be a cul-
de-sac, restroom, and bioswales with the RV parking. City Engineer Williams said that a cul-de-
sac would be important for the RV parking to work. Councilmember Jones asked if the area
would be eligible for Hot Spot funding. City Engineer Williams said that he hasn’t asked UDOT
about this idea yet, but he believes the same argument could be made for this area as the Emma
Boulevard project. He said that, if UDOT is amenable to the Emma Boulevard project, they
probably would do the same for this one.
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Mayor Niehaus stated that these are the dispersed parking concepts that are being pursued
currently. Councilmember Duncan said that Michael Liss (among others) showed a plan
involving Bob Hines’ property east of the MIC’s parking; he wanted to know why that property
hasn’t been discussed. City Engineer Williams said that he wasn’t familiar with Liss’
presentation. Mayor Niehaus asked if the intention was to buy Hine’s property to become a
parking lot. Councilmember Duncan said that was the idea, but he didn’t know if it was feasible.
Councilmember Guzman-Newton stated that she saw an email from Mayor Niehaus that showed
$2.6 million available for dispersed parking, and she wondered how that amount was derived.
Mayor Niehaus said that she spoke with City Engineer Williams regarding the original
agreement with UDOT which showed $7.3 million for the parking structure, $1.7 million for
dispersed parking, and $1 million for Main Street improvements. Councilmember Guzman-
Newton asked about the parking structure’s cost at this point. City Engineer Williams said that
the current design is between $6.8-$7.5 million. He said that the Design Advisory Committee
discussed the budget to get closer to a recommendation for Council. He said that the level of
sustainability and architectural aesthetics might require more funding. Councilmember
Guzman-Newton said that Desert Investments has an easement for 32 parking spaces. City
Engineer Williams clarified that Utah Desert Investments has a parking credit for 32 parking
spaces. Councilmember Guzman-Newton stated that 250 spaces isn’t correct, since 32 are
already spoken for. City Manager Linares said that, when the business develops their area, they
can count 32 spaces towards their design plan. He said that, if they are required to have 60
spaces, they would get credit for the 32 spaces donated to the City, and they would only be
required to provide 28 spaces on site.
Mayor Niehaus asked if Council wanted to continue discussing this agenda item or move
forward to 10.1. Councilmember Jones said that time limits for Main Street parking also applies
to this topic. He stated that day-long parking occurs on Main Street, which doesn’t support
commerce. He said that the time limit would encourage people to find parking off Main Street
for all day parking. Mayor Niehaus asked if the Police Department has the capacity to commit
one officer to traffic on Main Street. City Manager Linares said that, as the Police Department
has become fully staffed, the time limit is something that could be considered. Mayor Niehaus
asked if any Councilmembers were opposed to this idea. Councilmember Knuteson-Boyd said no
because it’s the beginning of a solution. Councilmember Jones added that, given the interest
that parking garners in this community, it’s important to make sure that all interested parties
are apprised of what’s being considered prior to action being taken. Mayor Niehaus said that
would encompass all Main Street. Councilmember Jones said that the City has been called upon
to be more transparent. Councilmember Knuteson-Boyd suggested rolling out the time limit a
block at a time to give businesses a heads up. Mayor Niehaus said that this sounds productive.
Councilmember Knuteson-Boyd suggested moving on and that there would be further
discussion needed on some of these projects because they involve private property owners.
Mayor Niehaus said that she’s discussed with City Manager Linares having the Planning
Department head those organized group meetings and work with the Engineering Department
as well. She stated that the Planning Department will develop the work groups, do the outreach,
call the meetings and take minutes. City Manager Linares said that the meetings can be recorded
as well.
New Business:
Cancelling Design and Construction of the Downtown Parking Structure
Discussion: Councilmember Duncan said that this topic will be voted on after a public hearing
at the next council meeting. He said that the goal for tonight was to get the topic on the floor for
public debate in the next two weeks. He suggested foregoing further discussion tonight and
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having a full discussion at the next Council meeting. Councilmember Knuteson-Boyd said that’s
a good idea. Councilmember Duncan stated that the re-wording of the resolution won’t change
the content or intent; however, it will make the resolution more airtight legally. Councilmember
Guzman-Newton agreed to save the conversation for the next Council meeting. Mayor Niehaus
proposed that Councilmember Duncan work with City Manager Linares and Assistant City
Manager Castle to make sure that the resolution is ready for the public hearing. City Manager
Linares said that he will set up a meeting with Councilmembers Duncan and Guzman-Newton.
Ordinance 2020-03: An Ordinance Amending the City of Moab Municipal Code
Section 17.69.050(E) to Allow the City Council to Consider Smaller Unit Sizes for
Workforce Housing Units that are Built On Site at the Time of Project
Construction
Discussion: City Manager Linares stated that one citizen commented on this topic during
Citizens to be Heard. He said that a statement will be drafted for Mayor Niehaus to read at the
beginning of Council meetings to clarify the process regarding Citizens to be Heard, agenda
items, and public hearings. He said that the statement will be available for the next Council
meeting. City Planner Shepard said that this amendment has been discussed by the Planning
Commission for a couple months. She provided background on the original ordinance regarding
workforce housing. She said that most of the projects have opted to pay a fee in lieu of providing
workforce housing because it appears to be the cheaper option. She said that the City must
approve if we enter a LURA (Land Use Restrictive Agreement). She stated that Planning
Commission was approached regarding the average square feet being reduced from 1,000 to not
less than 400 square feet and allowing a studio configuration. She said that some members of
the Planning Commission supported this idea, while others were concerned that developers
would have to build twice as many units to fulfill the total square footage obligation. She said
that the amendment language is proposed as a compromise from the Planning Commission.
Councilmember Knuteson-Boyd asked if each hotel owner will be required to negotiate with the
City based on what they think their employees will require. City Planner Shepard said that the
option of a studio has been added as well as the option for City Council to negotiate the unit size
at its discretion. Councilmember Knuteson-Boyd asked if the employee housing could be on site
or off site, and City Planner Shepard said yes. Councilmember Jones said that he’s focused on
the total square footage because that’s the definition of the exaction for built units.
Councilmember Duncan said that, under the proposed language, the developer will present to
Council. He asked what happens next if Council doesn’t approve the proposal. City Planner
Shepard said that it’s the same principle as a LURA; if the terms aren’t acceptable, they can be
changed. Mayor Niehaus stated that she is encouraged by the developers developing housing
themselves. She said that every unit that is built by the developer is a unit that the City doesn’t
have to worry about. She stated that developers will be inclined to build units because they
become the developer’s asset and will appreciate over time. She expressed concern regarding the
idea of an employer hanging housing over the heads of their employees. She said that she
appreciates the Planning Commission’s deliberation. She expressed concern that this will create
some ambiguity and it’s important for developers to have clear rules. Councilmember Guzman-
Newton asked for clarification that the scope of the square footage is not changing. City Manager
Linares said that it would be up to Council to decide the total area of square feet for each unit,
not the number of units required to be built. Mayor Niehaus said that every developer is going to
address the Council and it will be a hard thing to make those decisions. City Planner Shepard
said that this is not necessarily a planning issue because it’s more of a negotiation issue about
the commitment to build affordable housing. She said that Council could decide that smaller
units should be allowed if they’re built on site at the time of construction and targeted towards
employees. She stated that it could be codified that the square footage could go down to 500
square feet, or whatever amount is decided. City Manager Linares said that this amendment
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February 25, 2020
would change the minimum to 400 square feet in this section of the code only because there are
two rules conflicting each other and the newest rule would be applied. Mayor Niehaus said that,
if Council allowed additional units instead of changing the square footage, it could permit more
studios instead of ten larger units. Councilmember Duncan said that developers won’t do that.
Councilmember Knuteson-Boyd said that we’re asking developers to provide a mix of housing.
Mayor Niehaus asked what Planning Commission had decided for their recommendation. City
Planner Shepard stated that the Planning Commission was split in its decision. Councilmember
Duncan said it’s clearly less expensive to build ten larger units instead of twenty smaller units.
Councilmember Jones stated that WAHOO already has an independent feasibility analysis that
places responsibility on the staff instead of Council, which he prefers. He also said that the
amendment needs adjusted to create an objective standard that will incentivize developers to
build the units instead of paying the fee in lieu. He suggested that the number of units be
separated from the square footage so there is less confusion. He said that the word “average” in
average square feet needs removed so studios can be built to provide flexibility.
Motion: Councilmember Duncan moved to table and remand the amendment to City Planner
Shepard and Councilmember Jones for further revision. Councilmember Knuteson-Boyd
seconded the motion.
Vote: Motion passed 4-0 with Councilmembers Duncan, Knuteson-Boyd, Guzman-Newton,
and Jones voting aye.
Approval of Change Orders for and Briefing on Mill Creek Drive West Extension
Project Construction
Discussion: City Engineer Williams stated that this is the Aggie Boulevard project which was
funded by a CIB loan, a CIB grant, and contributions from the City, Grand County, and SITLA.
He said that Harrison Oilfield Services was the contractor for this project. He stated that a
spring was discovered right in the middle of the road, which required excavation, a bridge, and a
French drain system. He said that Grand Water and Sewer Service Agency was bringing their
new sewer line up the West side of Highway 191 after the road work began on Aggie Boulevard.
He stated that the decision was made to put in the connector pipe so GWSSA wouldn’t have to
tear up the road a year later. He said that the change orders were necessary for this project. He
also said that it’s important to remember that change orders can include deductions, which
some of these change orders have. He stated that Civil Science Engineering provided
construction management on this project and, since the project took longer than anticipated and
our construction inspector was busy, the City had to supplement with a field inspector from Civil
Science Engineering. He said that even with the change orders to both businesses, the project
comes in under budget by $443,280.33. Councilmember Duncan asked if change orders can be
created when the labor hours go beyond a contracted amount. City Engineer Williams said no,
because change orders are for addressing changed conditions from the original plans and
specifications that are necessary for the project.
Motion: Councilmember Knuteson-Boyd moved to approve the change orders for the Mill
Creek Drive West Extension Project Construction for Harrison Oilfield Services Incorporated in
the amount of $143,782.23 and Civil Science Incorporated in the amount of $33,900.00.
Councilmember Jones seconded the motion.
Discussion: Mayor Niehaus asked about the money left over from the contract. City Engineer
Williams stated that the City fronted the design contract cost of about $150,000.00. He said that
cost will be subtracted from the remaining budget for the project to reimburse the City from the
joint pool of funds. He said that the remaining funds, approximately $290,000.00, will be
distributed proportionately to the City, Grand County, and SITLA. Councilmember Guzman-
Newton asked about the change order for Civil Science and how the total was arrived at. City
Engineer Williams said that there were design changes as well as having the field inspector from
Civil Science.
Page 11 of 11
February 25, 2020
Vote: The motion passed 4-0 with Councilmembers Duncan, Knuteson-Boyd, Guzman-Newton,
and Jones voting aye.
Annexation Petition from Sponsor Paul W. Jones for Lions Back Holdings, LLC,
for 3.12 Acres located at Approximately 938 and 940 South Main
Discussion: City Manager Linares said that this is the petition acceptance by the Council. He
said that the process starts by accepting the petition. He said that the petition will be certified,
which will lead to public hearings, and then the actual petition to annex will be voted on.
Motion: Councilmember Guzman-Newton moved to accept the Annexation Petition from
Sponsor Paul W. Jones for Lions Back Holdings, LLC, for 3.12 Acres located at Approximately
938 and 940 South Main to proceed with the certification process. Councilmember Jones
seconded the motion.
Vote: The motion passed 4-0 with Councilmembers Duncan, Knuteson-Boyd, Guzman-Newton,
and Jones voting aye.
Approval of Bills Against the City of Moab
Motion and Discussion: Councilmember Knuteson-Boyd moved to approve the bills in the
amount of $443,187.22. Councilmember Guzman-Newton seconded the motion. Mayor Niehaus
said that she was encouraged by the City’s efforts to buy locally. She thanked Councilmember
Knuteson-Boyd for reviewing the bills. Councilmember Knuteson-Boyd said that there are
things that could be bought locally, but it is getting better. City Manager Linares requested
clarification for what could have been purchased locally. Councilmember Knuteson-Boyd said
that office supplies could be purchased locally.
Vote: The motion passed 4-0 with Councilmembers Duncan, Knuteson-Boyd, Guzman-Newton,
and Jones voting aye.
Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Duncan
seconded the motion. The motion carried 4-0 with Councilmembers Duncan, Knuteson-Boyd,
Guzman-Newton, and Jones voting aye. Mayor Niehaus adjourned the meeting at 9:56 PM.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder