HomeMy Public PortalAboutMIN-CC-2020-03-24
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March 24, 2020
MOAB CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 24, 2020
The Moab City Council held its Regular Meeting on the above date. Per Executive Order 2020-5
issued by Governor Gary R. Herbert on March 18, 2020, this meeting was conducted
electronically. An anchor location was not provided. 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=eWN5zGxSx-o.
Regular Meeting—Call to Order and Attendance: Mayor Niehaus called the Regular City
Council Meeting to order at 7:02 PM. Participating remotely were Councilmembers Karen
Guzman-Newton, Tawny Knuteson-Boyd, Rani Derasary, Mike Duncan, and Kalen Jones. City
staff participating remotely were City Manager Joel Linares, Assistant City Manager Carly
Castle, City Attorney Laurie Simonson, Finance Director Rachel Stenta, and City Recorder
Sommar Johnson.
Approval of Minutes: Councilmember Guzman-Newton moved to approve the minutes of
the March 6, 2020 Special City Council Workshop. Councilmember Derasary seconded the
motion. The motion passed 5-0 with Councilmembers Jones, Derasary, Duncan, Guzman-
Newton, and Knuteson-Boyd voting aye in a roll call vote.
Mayor and Council Reports:
Mayor Niehaus shared a message from the Southeast Utah Health Department. She said that the
health department is very encouraged by the results of the order that was passed on March 17 to
reduce visitation. She shared a message from Jennifer Sadoff, Chief Executive Officer at Moab
Regional Hospital, which said that there is a noticeable positive impact from the health
department order since there aren’t any confirmed cases of Covid-19 in Moab. Sadoff stated that
there is a lack of testing, which means that everyone should behave as if Covid-19 is around
and/or inside of us. She also said that the hospital is planning and preparing for a surge of
individuals that are infected. Mayor Niehaus shared a message from Jacob Deslauriers, the
Moab Regional Coordinator at the Utah Conservation Corps, which said that they are continuing
to work in Moab on the Mill and Pack Creek Project to remove hazardous fuels and fire loads
from the creek. Deslauriers said that the partnership is with Rim to Rim Restoration and the
Utah Division of Forestry, Fire and State Lands. He said that crews are camped and isolated at
Willow Springs Campground. Mayor Niehaus said that they will be working in this area for the
next month. She reported attending Coronavirus meetings for the past two weeks. She reported
attending Grand County Covid-19 Task Force meetings. She reported participating in interviews
with local, regional, and larger press. She said that she’s been asked to serve on one of the
governor’s subcommittee task forces for state and local resources. She reiterated the message
that water from the tap is safe to drink and please don’t dispose of anything other than toilet
paper and human waste into the toilets. She said that, regarding outdoor recreation, the hospital
advises against intense recreation at this time; however, it is acceptable to go outside. She said
that it’s important to be responsible with our recreation.
Councilmember Derasary reported reading Coronavirus information to keep up to date. She
stated that the Covid-19 Task Force has its own Facebook page, and asked Mayor Niehaus if
there is a resource that’s more informative than the others regarding Coronavirus. Mayor
Niehaus said that the City website is informative, and Utah GoEd (Governor’s Office for
Economic Development) is tasked with keeping the Utah Coronavirus website updated. She also
said that coronavirus.utah.gov/business is an amazing resource for businesses with Coronavirus
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March 24, 2020
questions regarding employment. Councilmember Derasary reported attending an EMS staff
training on Covid-19 on March 12. She said that the EMS February call volume numbers were
29% higher than February of last year. She said that the RFP was published for the new EMS
building. She said that Dr. Dylan Cole, Chief Medical Officer for Moab Regional Hospital, asked
the community to write elected officials an urgent appeal for critical supplies and widespread
distribution of necessary testing. Councilmember Derasary asked if there was anything to be
done at the local level to get supplies and PPE to our healthcare providers. Mayor Niehaus said
that the message has been received, and that Moab is in a place right now that will hopefully
flatten the curve. She agreed with Councilmember Derasary regarding the lack of testing and the
hope for more ventilators at the hospital. Mayor Niehaus said that the governor and the
president spoke today about increasing testing.
Councilmember Duncan reported attending a Water Advisory Board meeting, and he thanked
Assistant City Manager Castle for helping to organize this board. He said that City Engineer
Williams discussed water rates at the board meeting. He said that Assistant Planner Shurtleff
discussed water conservation-related issues that are part of the new standards for overnight
accommodations. He informed Assistant City Manager Castle that he wants to expand beyond
what the state requires regarding water conservation efforts because the quantity of water in
years to come is an important issue. He said that a resident requested a list of businesses in
Moab and whether they’re open or not. Mayor Niehaus said that the Travel Council was working
on that. Councilmember Guzman-Newton said that she’d mention the list at the Chamber of
Commerce meeting tomorrow. Mayor Niehaus added that businesses have requested clarity on
if they can be open. She said that she verified with Orion Rogers from the health department
that, unless the business is included in the March 17th order to be closed, the business can be
open. City Manager Linares said that the City website will have links to other informational sites
regarding Covid-19.
Councilmember Knuteson-Boyd reported attending a Canyonlands Health Care Special Service
District meeting that discussed the state and federal survey results. She said that the areas of
improvement indicated on the survey were not critical items, and two of the items were
addressed while the survey team was on site. She said that the Canyonlands Health Care Special
Service District financial board sent a letter to ask CIB to postpone one upcoming payment. She
stated that the museum events that had been planned are currently postponed due to Covid-19;
however, the museum is providing online tours.
Councilmember Guzman-Newton reported that the Chamber of Commerce is concerned about
following the Southeast Utah Health Department’s orders. She asked for clarification regarding
if the City, County, or Health Department is responsible during this pandemic. City Manager
Linares replied that the City follows the health department, scientists, and doctors’
recommendations. He stated that there is a due process regarding business closures, and the
City wants to provide notice to the businesses prior to action being taken. Councilmember
Guzman-Newton said that citizens are angry and fearful, and it’s important to listen and show
respect to one another. Mayor Niehaus said that businesses need to understand what the
threshold is for removal of the order. She said that the health department’s order was put in
place on March 17 with a 30-day timeframe, and it would be reviewed after two weeks. She also
said that the order could be extended beyond the 30 days. She said that the state has closed the
school districts until May 1. She stated that her heart goes out to the working parents, the
children who are trying to work from home, and the businesses that are trying to adjust to the
lost revenue due to closures. She said that there have been projections that suggest the infection
will reach its peak in May. Councilmember Guzman-Newton thanked Communications and
Engagement Manager Church for the information on the City’s website regarding Covid-19.
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March 24, 2020
Councilmember Jones reported attending a meeting with Incremental Development Alliance
staff members, local developers, and City and County Planning Department staff members. He
said that discussion included the challenges for developers regarding local regulations and
financing. He reported attending the Grand County Solid Waste Special Service District’s first
Zoom meeting. He said that the recycling center is currently closed due to Covid-19, and they
will re-evaluate in a couple of weeks to hopefully re-open. He reported attending five interviews
for the Finance Director position with Mayor Niehaus. Mayor Niehaus thanked City Manager
Linares for his efforts to help staff feel safe and have their needs met during this uncertain time.
Administrative Report:
City Manager Linares reiterated that City Hall is closed to the public. He said that staff are
putting measures in place that, if City Hall is closed to staff and people are working from home,
the City will continue to provide essential services. He reported meeting with Monument Waste,
Assistant City Manager Castle, and Finance Director Stenta to make sure that services will
continue. He thanked Monument Waste for making changes without any cost absorption to the
City. He said that Monument Waste is sacrificing for the community by absorbing the large costs
themselves. He said that the Emergency Management Declaration for the City will need to be
renewed every 30 days, and a meeting is set for April 10 to renew it. He thanked the public for
their support during this trying time. He thanked City staff for the number of hours worked to
prepare for Covid-19. He said that some staff members are working from home while caring for
their children, so their hours have changed to accommodate this. He said that the team is doing
an amazing job. He thanked Council for responding to emails from the community. He said that
Communications and Engagement Manager Church has been amazing regarding the City
website’s updates for Covid-19.
Finance Director Stenta presented a budget update for Covid-19. She stated that there is a 60-
day lag in tax collections. She said that, for example, May revenue is for sales that take place in
March. She said that the closure of overnight accommodations happened halfway through
March, which will impact the overnight sales tax revenue. She said that the overall sales tax
revenue at risk includes TRT, Resort Community, Local Option, and Highway sales tax within
City limits. She said that the anticipated tax revenue for this fiscal year was marked up 7%. She
said that the City implemented a hiring freeze in January. She stated that City Manager Linares
implemented a spending freeze executive order last week. She said that the hiring freeze will
reduce expenditures by about $189,000. She said that the spending freeze is for non-essential
items and it’s hard to estimate. She stated that the largest portion of the budget is personnel
costs. She suggested doing monthly reevaluations of the budget to assess the incoming revenue.
Mayor Niehaus asked if the revenue risk is under a million dollars for the next two months.
Finance Director Stenta said that the revenue for two months is about $1.6 million dollars, but
she doesn’t anticipate that 100% of the revenue will be at risk. City Manager Linares said that
this presentation is for the aspect of our economy that’s being affected by the pandemic. Mayor
Niehaus asked about cash flow projections and what the City has in the bank. Finance Director
Stenta said that the cash flow is fine because there are still utility payments and other revenue
sources besides sales-based taxes. Councilmember Guzman-Newton asked if the City will be
affected by the state deferring payments. Finance Director Stenta said that she hasn’t heard if
the State Tax Commission is considering delaying when tax filers must submit their sales tax.
City Manager Linares said that staff have implemented procedures to track expenditures for the
Covid-19 response. He said that staff are also keeping track of hours that are being spent on
Covid-19, and that the City is keeping track of all the lost revenue. He said that, when the
pandemic ends, the City will be prepared to submit all those numbers for reimbursement. He
stated that Finance Director Stenta is getting ready to move on from the City, and he thanked
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March 24, 2020
her for everything that she’s done for the community over the last two plus decades and
everything that she’s done for him. He said that her institutional knowledge will be greatly
missed and it’s hard to see her go.
Citizens to be Heard:
Mayor Niehaus said that the process by which a citizen can submit to be heard at the meeting is
that they can fill out a form that is provided as a link on the published agenda. She said that the
form is limited to 400 words, which is roughly three minutes. She said that citizens can fill out
forms up until the meeting begins. After the meeting, Council can act on any comments that are
made. She said that comments from the public are also received through email or phone calls;
however, in honor of the Citizens to be Heard format, Council will continue to honor the form
that can be submitted and will be responded to after meetings. City Manager Linares said that
the form is available until 7 PM on meeting nights. He said that the comments that are received
prior to 4 PM are forwarded to the Council and can be considered during the meeting. He said
that the comments should be limited to the current agenda because they will be included in the
meeting minutes and will become permanent record. He said that if the topic doesn’t apply to
the agenda, email or phone calls are the preferred method of communication. Mayor Niehaus
thanked City Recorder Johnson for working hard to create a system to share the forms with
Council. City Manager Linares said staff are trying to find a way to share the completed forms
with the public prior to the meeting. Councilmember Duncan asked if Mayor Niehaus could
summarize the comments that were received this week. Mayor Niehaus said that the five forms
that were received will be published in the minutes. City Manager Linares suggested that, going
forward, it could be stated in the meeting who Council received comments from.
Liz Ballenger’s comments: “RE: Developing a better understanding of coronavirus in our
community: The shortage of test kits has led to us "flying blind" with regards to how much
coronavirus is already present in our valley. This is obviously vital information for numerous
reasons, not the least of which is developing an understanding of when our community may be
building immunity through weathering the illness as the virus makes its rounds. It's not too late
to start gathering this information by means other than test kits though, is it? Our community is
small enough that voluntary self‐disclosures could be effective. The coronavirus hotline could be
expanded to collect data on people who have had corona‐like symptoms, severity, length of time
to recovery, etc. Please don't let this opportunity be lost! Also‐‐my apologies for coming to
Council with this request; however I don't know who to address with this idea and I figured you
would know. Thanks in advance for considering!”
Kevin E. Clyde’s comments: “I live and work in Grand County. I drive through Moab on Main
Street multiple times every day. I urge Moab City to consider carefully a proposal to add parking
off Main Street for the downtown area businesses and to remove parking from Main Street to
allow traffic to flow more efficiently through Moab. I support a comprehensive parking and
traffic plan which considers the long term. I support the use of "hot spot" funding to begin this
planning. I believe the parking structure is the best first step but will not provide as much
parking as is needed. A comprehensive plan must be made to continue adding more parking and
a shuttle plan. My thanks to all of you for the service you provide to the community.”
Ken Minor’s comments: “I am zoned Residential Agricultural in the city. I have a small orchard
and a large number of volunteer Elm and Russian Olive trees on my 6 acres. Some of which are
in the Pack Creek Drainage. In the past I have accumulated everything from tree trimmings to
entire trees that I have had to remove. Many of which were a matter of fire safety. I was told last
year that I could not get a burn permit since I am in the city. I hauled tree branches and weeds
for three days during last summer's clean up efforts and wasn't able to get half of my pile taken
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March 24, 2020
care of. There are a number of us that cannot afford to have the amounts of tree branches etc.
that we end up with hauled off. Now that spring is here, there are trees being pruned and yards
being cleaned up. The most cost effective and safest solution over the years has been to burn
these in safe areas on our properties. I have used the same burn area for almost 20 years. I have
had it inspected by the fire department when that was required. I have never had an issue with
my fire being unsafe or spreading. I have spoken with various others in a similar situation in the
city and we request that you consider allowing burning in the city if it is deemed safe by the fire
marshal or the fire chief in agricultural related areas. I understand that the ban on burning was
instituted after the Cinema Court fire in an effort to improve fire safety? In my instance, it has
made it more difficult to remove the potential fuels of future fires. Thank you for your
consideration.”
Huseyin Deniz’s comments: “Dear City Council, I would like to be informed about my business
license renewal. My company name Divani LLC, dba Tropical Sno Moab. Applied on Feb,20th,
2020. So far did not hear anything. Would you please inform me? Thank you very much. Wish
you the best...”
Julie K. Albina’s comments: “I do not live in the city limits; I live in Spanish valley, but work in
healthcare in town. I wonder if there's a way to restrict the trucks that come through town to
only those delivering goods here. we are a major "cut through" for truckers going south; can't we
restrict non‐urgent travel through Moab?”
Old Business:
Resolution 11 -2020: Amending the Fiscal Year 2019-2020 Annual Budget —
Approved
Motion: Councilmember Derasary moved to approve Resolution 11-2020: Amending the
Fiscal Year 2019-2020 Annual Budget. Councilmember Knuteson-Boyd seconded the motion.
Discussion: Councilmember Guzman-Newton asked about the funding for the Mill Creek
Drive West Project Aggie Boulevard. She said that it was not included in the fiscal year, but it
looks like it’s covered. Finance Director Stenta said that the project is covered since it was
anticipated to finish last fiscal year, and this is the portion that carried over into this fiscal year
construction-wise. She said that project is funded through CIB funding, and then SITLA, Grand
County and Moab City put up a cash match at the beginning of the project.
Vote: The motion passed 5-0 with Councilmembers Jones, Knuteson-Boyd, Guzman-Newton,
Derasary, and Duncan voting aye in a roll call vote.
Resolution 15-2020: A Resolution Directing the Renegotiation of the UDOT
Agreement and Terminating the Design Contract for the Downtown Parking
Structure Project & Directing Coordination with UDOT & Grand County to
Pursue Alternative Projects for Hotspot Funding—Approved
Motion: Mayor Niehaus thanked Councilmembers Guzman-Newton and Jones for working
together to get the resolution finalized. Councilmember Guzman-Newton moved to approve
Resolution 15-2020: A Resolution Directing the Renegotiation of the UDOT Agreement and
Terminating the Design Contract for the Downtown Parking Structure Project & Directing
Coordination with UDOT & Grand County to Pursue Alternative Projects for Hotspot Funding.
Councilmember Duncan seconded the motion.
Discussion: Councilmember Duncan thanked Councilmembers Guzman-Newton and Jones
for negotiating regarding the language of the resolution. He expressed gratitude that a
consensus has been reached. Mayor Niehaus asked if the renegotiation with UDOT could
include extending the six month deadline. City Manager Linares said that a letter would be sent
to UDOT by Thursday, and he would begin setting up Zoom meetings. Councilmember Jones
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thanked Assistant City Manager Castle and City Attorney Simonson for their assistance during
the meeting with Councilmember Guzman-Newton to refine the resolution. Councilmember
Guzman-Newton agreed with Councilmember Jones and said that the transparency language
from Councilmember Jones’ original resolution is included in this resolution. Councilmember
Knuteson-Boyd stated that she’s more comfortable supporting this resolution and she
appreciates the work that went into it. Councilmember Derasary expressed appreciation for the
transparency language in the resolution and wanted to confirm that the conceptualization is
better this time. Councilmember Jones said that the transparency is better because the
resolution states that a committee will be convened by the City and must comply with the Open
and Public Meetings Act. He said that the public will be informed when meetings are scheduled,
if the public is invited to attend, and that the meetings will be documented. He said that it was
not done consistently in the last process, and it’s important that it happens this time.
Councilmember Derasary asked what Council can expect as the initial steps in the process. City
Manager Linares said that the first thing is to request that month back that was lost due to
Covid-19 planning. He said that the intent is to begin renegotiations with UDOT. He said that
the next step would be a closed session with Council since it’s a contract negotiation that
involves legal aspects. He said, once the project list is identified and the UDOT renegotiations
are complete, it will become a public process. City Manager Linares said that he forgot to
mention in his administrative report that the Highway 191 Widening Project started this week.
He said that UDOT has started surveying and will begin some dirt movement next week.
Vote: The motion passed 5-0 with Councilmembers Duncan, Guzman-Newton, Jones,
Knuteson-Boyd, and Derasary voting aye in a roll call vote.
New Business:
Resolution 05-2020: Adopting the 2020-2024 Capital Improvement Project List—
Approved
Discussion: Councilmember Guzman-Newton said that the project list includes the Downtown
Parking Structure, and she inquired if that would be removed from the list prior to voting.
Finance Director Stenta said that items on the project list are not budgeted for. She said that the
items would have to be presented to the Council again prior to being included in a budget. City
Manager Linares said that about ten staff members met and went through the process with the
checklist approved by Council to create the project list. Mayor Niehaus asked if the Emma
Boulevard Project should be included on the list. City Manager Linares said that it probably
should be included on this list. He said that, initially, the Emma Boulevard Project was going to
be funded by Hot Spot funds; since the project has changed scope, it will require the allocation
of City funds to be completed. Councilmember Derasary said that the list currently includes
“Emma Boulevard Dispersed Parking/Minnie Lee Paving Improvements.” She inquired what
wasn’t included on the list regarding Emma Boulevard. City Manager Linares said that the item
on the project list isn’t current, considering the community feedback that was received at the
workshop regarding Emma Boulevard. Councilmember Jones said that he supports the
inclusion of the Emma Boulevard Project, but he’s unclear how it can be funded at this time.
Councilmember Duncan said that Emma Boulevard doesn’t meet the access requirements for
businesses along Main Street. He said that he’s reluctant to add the project to the list as a top
priority right now. City Manager Linares said that Councilmember Duncan makes a great point,
and it highlights the purpose of this project list. He said that the list is ranked by staff regarding
priority, and then it’s brought before Council for review.
Motion: Councilmember Jones moved to approve Resolution 05-2020: Adopting the 2020-
2024 Capital Improvement Project List. Councilmember Duncan seconded the motion.
Vote: The motion passed 5-0 with Councilmembers Jones, Guzman-Newton, Knuteson-Boyd,
Derasary, and Duncan voting aye in a roll call vote.
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Resolution 08-2020: Designating Depositories for Moab City Financial
Accounts—Approved
Motion: Councilmember Guzman-Newton moved to approve Resolution 08-2020: Designating
Depositories for Moab City Financial Accounts. Councilmember Knuteson-Boyd seconded the
motion.
Discussion: Councilmember Derasary asked Finance Director Stenta to explain this
resolution. Finance Director Stenta said that PTIF is where the City keeps the bulk of its cash,
and Wells Fargo is the City’s disbursement bank. She said that the City does weekly transfers
from PTIF into Wells Fargo so that the City can meet its financial obligations. She said that there
are occasional transfers from Wells Fargo to PTIF if there is excess cash in the account. She said
that the Assistant Treasurer is the primary signer on the account and makes the transfers; in her
absence, the City Manager can call and verbally transfer funds, but he doesn’t have online
access. She said that the Finance Director has online access to view the accounts but cannot
transfer funds. She said that this provides a separation of duties and only the Assistant
Treasurer has control to view the balance and transfer money. She said that if the Assistant
Treasurer is on vacation, there needs to be a backup that can view the balance online and make
transfers.
Vote: The motion passed 5-0 with Councilmembers Knuteson-Boyd, Guzman-Newton,
Derasary, Duncan, and Jones voting aye in a roll call vote.
Approval of Bills Against the City of Moab
Motion: Councilmember Knuteson-Boyd moved to approve the bills against the City of Moab
in the amount of $1,260,418.86. Councilmember Duncan seconded the motion.
Discussion: Mayor Niehaus thanked Councilmember Knuteson-Boyd for reviewing the bills
and providing the grand total tonight. Councilmember Knuteson-Boyd said that staff is
improving regarding buying locally. Councilmember Derasary asked if the City has enough toilet
paper supply. Councilmember Knuteson-Boyd said yes, and that the City has enough paper
towels as well.
Vote: The motion passed 5-0 with Councilmembers Jones, Knuteson-Boyd, Guzman-Newton,
Derasary, and Duncan voting aye in a roll call vote.
Adjournment: Councilmember Duncan moved to adjourn the meeting. Councilmember
Guzman-Newton seconded the motion. The motion passed 5-0 with Councilmembers Derasary,
Duncan, Knuteson-Boyd, Guzman-Newton, and Jones voting aye. Mayor Niehaus adjourned the
meeting at 8:31 PM.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder