HomeMy Public PortalAboutMIN-CC-2020-07-14
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July 14, 2020
MOAB CITY COUNCIL MINUTES
REGULAR MEETING
JULY 14, 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://https://www.youtube.com/watch?v=7dsnNiKWJrg.
REGULAR CITY COUNCIL MEETING 7:00 P.M.
Regular Meeting—Call to Order and Attendance: Mayor Niehaus called the Regular City
Council Meeting to order at 7:00 p.m. 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, and City Recorder Sommar Johnson. Planning Director
Nora Shepard joined the meeting at 8:17 p.m. Also participating remotely was Bradon Bradford
from Southeast Utah Health Department, and Rebecca Mann and Makeda Barkley with Moab
Community Gardens joined the meeting at 8:55 p.m.
COVID-19 Update:
Bradon Bradford from Southeast Utah Health Department provided an update regarding
COVID-19 cases in Grand County. He said the surge in cases in Grand County can be attributed
to two separate events but several of those that tested positive will be cleared in the coming
days. He said individuals should get tested five to seven days after exposure for the most
accurate results and Grand County has a fairly high testing rate compared to the rest of the state.
He also said they are seeing more positive cases that are not residents of Grand County and they
are working to adjust their website to include those numbers. He said the Governor issued a
mask mandate for employees and students on the campuses of K-12 schools and there will be an
official order clarifying that information for our school district and community members.
Councilmember Derasary asked about the mask posting requirement and Mr. Bradford
confirmed that businesses are required to post signs about mask requirements. Councilmember
Derasary asked if the Health Department will hold another testing event and Mr. Bradford said
they hope to hold another before school starts. Councilmember Guzman-Newton asked how
many individuals they tested at today’s event and Mr. Bradford said approximately 160-170.
Councilmember Knuteson-Boyd asked about what “recovered” means and asked if someone
could be recovered and still contagious. Mr. Bradford said they are following the CDC guidelines
for “recovered” which is 14 days from the date of diagnosis or symptom onset or 10 days from
symptom onset if they have had zero symptoms for three days and they would not be considered
infections once they are recovered. Councilmember Knuteson-Boyd also asked who should be
tested and the average turnaround time on results. Mr. Bradford said anyone with symptoms of
COVID-19 can be tested as well as anyone that is a contact of a positive case. He said the testing
turnaround time is approximately four days.
Open and Public Meetings Act Training
City Attorney Simonson provided the required annual Open and Public Meetings Act Training
for Councilmembers and staff.
Approval of Minutes: June 9, 2020, June 23, 2020, and June 25, 2020—Approved
Motion: Councilmember Guzman-Newton moved to approve the minutes for June 9, 2020,
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July 14, 2020
June 23, 2020, and June 25, 2020. Councilmember Derasary seconded the motion.
Discussion: Councilmember Derasary said she sent a few things to City Recorder Johnson
which have already been corrected.
Vote: The motion passed 5-0 with Councilmembers Derasary, Jones, Duncan, Knuteson-Boyd,
and Guzman-Newton, voting aye in a roll call vote.
Mayor and Council Reports:
Mayor Niehaus reported attending a Water Quality Board meeting, Governor’s Rural
Partnership Board meeting, Utah Office of Recreation meeting, the second Regional
Transportation Plan Stakeholder meeting, participated in a Climate Mayor’s Peer Network
meeting, meeting with the Police Department, Grand County Economic Development Advisory
Board meeting, Millcreek Community Collaborative meeting, Waterford Upstart free preschool
meeting, CAST Mayor’s meeting, and an SBA Roundtable.
Councilmember Derasary reported attending the June 25 Council workshop regarding the
Walnut Lane project, a June 25 EMS Special Service District meeting, and reported many
upcoming meetings including an EMS meeting on July 20, Moab Tailings Pile Steering
Committee meeting on July 28, and a System of Care Regional Advisory Committee meeting on
July 15.
Councilmember Duncan reported attending Water Board meetings and Hotspot focus group
meetings.
Councilmember Knuteson-Boyd reported attending a Canyonlands Health Care Special Service
District meeting and participating in interviews with Tanner Curtis from the University of Utah
studying gateway communities during COVID-19 and Bobby McGill from Bloomberg News
asking about the mineral leases.
Councilmember Guzman-Newton reported attending a Chamber Board meeting, Airport Board
meeting, participating in an interview with the University of Utah grad students, joining the
Economic Task Force Town Hall, and participating in the ULCT Economic Impact Town Hall.
Councilmember Jones reported attending an Arches Hotspot subcommittee meeting, Housing
Task Force meeting, Moab Dark Skies meeting, Regional Transportation Planning meeting, and
Solid Waste Special Service District Board meeting.
Administrative Reports
City Manager Linares reported on a microburst storm that damaged the salt shed at the City
Shop where the southern wall was blown off entirely. He thanked the Rotary Club and Dan Mick
for replacing the fence along the edge of the Rotary Park. He reported that the MRAC will begin
lap swim on Sundays from 11 am until 1:30 pm and hopes to reopen the gym on Friday by
reservation only but that is as expansive as we can go financially. He reported that the UDOT
highway widening project continues on schedule and thanked Ryan Anderson with UDOT for
being responsive to citizen concerns. Councilmember Derasary asked about a COVID-19 budget
update and fireworks regulations. City Manager Linares said updated sales tax information was
still a week away and hoped to have an update by the next meeting and said state law mandates
how fireworks are governed but the League may be working on legislative changes.
Planning Director Shepard said she was approached by a restaurant owner on Center Street
about putting outdoor seating on the City streets and said normally it would require a legislative
action to change the code but many communities in Utah, Colorado and all over the country
have adopted the ability for temporary outdoor dining as a COVID-19 business strategy. She said
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July 14, 2020
it would be a temporary use that could be administered at a staff or administrative level to allow
creative outdoor dining opportunities to get people outside and maintain social distancing and
wanted feedback from the City Council to determine if they were interested in developing an
administrative process to temporarily allow this type of use. She noted that the Council may
hear complaints from other businesses, property owners, or Moab if there is a less than public
process to allow the temporary use and said other items liability concerns need to be discussed
including safety, storm drainage, and encroachment agreements. She also noted that the
concept may conflict with the hotspot funding to create more parking off Main Street.
Mayor Niehaus asked if the Council was comfortable with staff moving forward in developing
parameters for this idea and bringing it back at the next meeting and also asked the Council
about timelines for the permits. Councilmembers generally supported staff developing
parameters but had questions about fairness and equity to other businesses. Planning Director
Shepard said it should just be for restaurants at this point and City Manager Linares agreed and
said restaurants were one of the hardest-hit businesses during COVID-19. He asked if the
Council was interested in limiting the days of the week that the streets can be used and asked
what kind of process the Council would like to follow in creating the parameters to allow the use
of city streets for outdoor dining. Councilmember Jones expressed his support for moving fast
and experimenting with the idea and potentially restriping some streets and welcomed a draft of
the proposal at the next meeting. Councilmember Duncan seconded the suggestions of
Councilmember Jones with an experimental approach and did not feel there was a conflict
between hotspot parking and the outdoor dining proposal. Councilmembers asked if restaurants
on Main Street would be allowed to have seating on the sidewalk or street and City Manager
Linares said because Main Street is a UDOT right-of-way we do not have the authority to allow
the use of their property without their permission. City Manager Linares asked the Council what
days of the week they would like it to be allowed. Councilmember Knuteson-Boyd and Mayor
Niehaus liked the idea of Thursday through Sunday, Councilmember Jones liked the idea of
including Monday, Tuesday, and Wednesday. Councilmembers Duncan and Guzman-Newton
agreed with Councilmember Jones.
Citizens to be Heard:
Mayor Niehaus summarized the process for submitting Citizens to be Heard comments and said
that four comments were received for this meeting.
James H. Wright said, “It seems there is a secrecy surrounding this issue. Why is that?
What I see is, at best, a shell game being perpetrated on our Neighbors who live near the
proposed site! Please, take another look at the alternative sites. Bike parks can be located
anywhere but once this proposed site is destroyed, it will take generations to right the wrong.”
Judith Rousso said, “please reconsider the location of the bike park. Don't pave paradise. That
area is enjoyed by many citizens for it's quiet and trees. perhaps you should have asked for
citizen input earlier in the process.”
Susan McDowell said. “Although the Bike Skills Park is a nice idea, the location suggested is
NOT. I live in the county, but have occassionally had my lunch near that peaceful section of the
trail. In this current heat wave, how can anyone possibly be considering cutting down any lovely
old shade trees? Please reconsider the location, I sure there are plenty of other places, especially
if they are going to draw the tourists!”
Sara Melnicoff said, “There is widespread dismay across the community about the location of
the bike skills park. Many who supported it are now rescinding support as they get the full
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picture. Please! Don't tear the community apart over something that never should have been
permitted in this location in the first place. Moving this to Swanny or Anonymous is a win-win.
Savings on grading costs and archaeological surveillance will mitigate the change of location
expenses. Experts agree - the skills equipment can be easily set up anywhere. Moab Solutions
pledges $5,000 to help offset costs and will do everything possible to raise more funds to help
cover any losses to the city. Mayor Dave wrote this on my behalf, and I hope it settles the issue of
my partnership with the city. I will be submitting another statement from a 16 year member of
the council, Bishop Gregg Stucki. Dave wrote: July 14, 2020, To whom it may concern, As Mayor
in 2004 I do recall a meeting, workshop or pre-council meeting with Sara representing Solutions
and her work on the Millcreek Parkway. From that meeting we agreed to work in concert to form
the Friends of the Parkway in order to maintain and support the parkway that has become a
signature asset of this community. It provides a recreational opportunity that highlights the
serene natural beauty and environment that is used by hundreds of people on daily basis. And
thanks to this partnership it is well maintained and a gem not only for residents but many
visitors as well. David Sakrison, Former Mayor. I would like to commend Mike Duncan for
showing what integrity means. His call for a public hearing shows great respect for, and
sensitivity to, an issue that is causing distress for many. I wish one other council member had
stepped up to allow for a public hearing. We deserve to be heard.”
New Business:
Proposal to develop a Moab Community Garden at Anonymous Park
Briefing and possible action – Tabled
Discussion: Assistant City Manager Carly Castle explained that Moab Community Gardens
submitted a proposal to develop a community garden in the northwest corner of Anonymous
Park and wanted to determine if the Council is interested in allowing the proposal to continue
the process. She provided some background information on the process to this point and said if
the Council is interested in pursuing the idea, she would like feedback on the preferred site and
the public engagement process for the project. Rebecca Mann and Makeda Barkley provided the
Council with a presentation about the history of the Resiliency Hub and the proposed location of
the community garden and asked for their feedback on the next steps for the project.
Councilmember Jones said he supports the idea but would like to hear public comments and is
hesitant to commit funds for water every year. He feels they should utilize the community
contribution process for their water. Councilmember Duncan also said he was also reluctant to
commit funds for water but suggested the community contribution process and said he was
curious about how parking and access would work. Councilmember Knuteson-Boyd also
expressed concern about an ongoing water bill commitment and feels they should be responsible
for the water bill. She also encouraged them to reach out to neighbors to let them have a say in
the process. Assistant City Manager Castle indicated many of the questions asked by
Councilmembers would be part of the public engagement process. City Manager Linares said it
sounded like Councilmembers were interested in the project but the Council would like to see
engineering design for access, parking, and water lines; a public process for getting input from
the neighbors; and an MOU that addresses the water cost and a term of years. Councilmember
Guzman-Newton asked about the timing of the proposal and Assistant City Manager Castle said
it was different from a community contribution because it is a request to use city property. City
Manager Linares explained that the proposal was before them because they did not want it to
get too far along without the support of the Council. Councilmember Guzman-Newton said she
supports the idea of allowing them to use the property but is not in favor of obligating the City to
fund their water. Councilmember Derasary said she was not against a community garden but
cannot advocate for it without more information. She expressed her concerns about not having a
process in place to determine how city property is used and making sure the process is fair and
equitable. She said for her to weigh in she needs to see the different city properties that were
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July 14, 2020
discussed, how this location floated to the surface, and make a stronger case of why this is not an
example of community contributions. She expressed her support of community gardens and the
social networking and skills that it builds but felt it was her obligation to the people who voted
for her to have a process in place for repurposing City property. Mayor Niehaus said she is
supportive of city resources assisting in the development of the property but anything beyond
that would not be equitable and it should go through the community contribution process.
Motion and vote: Councilmember Derasary moved to table this until we have a process.
Councilmember Guzman-Newton seconded the motion. The motion passed 4-1 with
Councilmembers Derasary, Knuteson-Boyd, Guzman-Newton, and Duncan voting aye and
Councilmember Jones voting nay in a roll call vote.
Discussion of a potential Pre-Annexation Agreement Request for 10.02 Acres
located adjacent to the current City Limits in the vicinity of 500 West by KM Real
Estate Enterprises LLC and M. Dean & Company, LLC (Property Owner) –
Discussion only: Planning Director Shepard asked Councilmembers if they were interested in
entertaining a pre-annexation agreement for the property. She said the property owners
requested annexation in 2017 that was contentious and adjacent property owners expressed
concerns about commercial development. She explained that they have not filed an annexation
petition yet but are looking for a commitment that would designate C-2 zoning on the property.
She explained that the property owner is still required to go through the normal annexation
process even if the Council agrees to a pre-annexation agreement. Councilmember Derasary said
she favored the normal annexation process and Councilmembers Knuteson-Boyd, Duncan,
Guzman-Newton, and Jones agreed that the property owners should go through the normal
annexation process.
Discussion of potential Ordinance 2020-13 creating the rules and regulations
pertaining to the administration of bicycle and scooter share permit program -
Discussion only: Councilmember Derasary asked if bike and scooter share programs were
something that we are required to allow somewhere in city limits. City Manager Linares
explained that he has done the legal research on this topic and if someone were to apply, we do
not have grounds to deny the application. Councilmember Derasary also asked how a permittee
would function here because e-bikes and scooters are not allowed on the sidewalks, highways, or
parkway. City Manager Linares explained that the Council could tailor the language in the
ordinance on how to regulate e-bikes and scooters. Councilmember Jones said he has been to
other communities where bike-share programs were part of their mobility solution and said he
would like to be open to creating bike share program regulations to meet the needs of our
community. Councilmember Knuteson-Boyd asked if there has been a request or if the Council
has time to develop regulations that work for us in our community. City Manager Linares said
we have not received a request and wanted to have a philosophy and policy discussion on how a
bike share program could work in our community. Councilmember Derasary suggested pulling
ordinances from other communities that have dealt with conflicts to use in creating one for
Moab. Councilmember Duncan agreed that he would like to develop something that works for
our community. Mayor Niehaus believed this could help with our congestion problem
downtown and she supports options for multi-modal transportation. Councilmember Guzman-
Newton said she was amiable to the idea and hoped the City would be open to looking at more
multi-modal options. Mayor Niehaus asked Councilmembers if they were in favor of staff
pursuing regulations for a bicycle and scooter share permit program and Councilmembers
Jones, Guzman-Newton, Knuteson-Boyd, and Derasary were generally in favor and
Councilmembers Duncan was unsure.
Approval of Bills Against the City of Moab
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Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills against the City
of Moab in the amount of $294,258.79. Councilmember Jones seconded the motion. The motion
passed 5-0 with Councilmembers Derasary, Knuteson-Boyd, Jones, Guzman-Newton, 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 unanimously. Mayor Niehaus
adjourned the meeting at 10:03 PM.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder