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HomeMy Public PortalAboutPKT-CC-2021-01-12JANUARY 12, 2021 PRE-COUNCIL WORKSHOP 6:30 P.M. REGULAR MEETING 7:00 P.M. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernment Pre-Council Workshop 6:30 p.m. Moab Area Travel Council Update Regular City Council Meeting -7:00 p.m. Call to Order and Roll Call Attendance Citizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900-9128 Meeting ID: 880 4005 4269 Passcode (if needed): 191692 Link: https://www.google.com/url?q=https://us02web.zoom.us/j/88040054269?pwd% 3dade4c2ywzlgxtutselzdyvnbcg9pzz09&sa=d&source=calendar&ust=1610477277633000&usg=aovvaw0t8qappozhtpwfcnykn -x_ Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: http://bit.ly/publiccommentform You must submit your comments by 7:00 PM on January 12, 2021. Please limit your comments to 400 words. Administrative Reports COVID -19 Updates Walnut Lane Update Admin report as - walnut lane updates 01 -12 -21.pdf Buy Local Bucks Update Finance Department Update Mayor and Council Reports Approval of Minutes Minutes: December 8, 2020, Regular Meeting min -cc-2020 -12 -08 draft.pdf Minutes: December 16, 2020, Special Meeting min -cc-2020 -12 -16 draft.pdf Minutes: December 18, 2020, Special Meeting min -cc-2020 -12 -18 draft.pdf Presentation (10 Minutes) Grand County School District Update Proclamations Proclamation of January 18, 2021, as Martin Luther King Jr. Day in the City of Moab mlk day 2021.pdf Old Business Discussion of changes to the Land Use provisions of the Moab Municipal Code (MMC) relating to All -Terrain Vehicles cc summary report atv land use 1.12.2021.pdf exhibit 1 2020 10 -20 joint resolution re moratorium.pdf exhibit 2 c10 -9a-s504.pdf exhibit 3 chapter 17.12 code - nonconforming uses.pdf New Business A Letter from the Moab City Council in support of President -Elect Biden prioritizing an action to restore the Bears Ears National Monument to its original size as created by President Obama's administration in Proclamation 9558 in 2016 Briefing and possible action agenda summary - bears ears national monument letter.pdf bears ears national monument letter.pdf A letter from the Moab City Council in support of San Juan County Commission in its denial of the requested special event permit for the 2021 Rally on the Rocks tradeshow Briefing and possible action agenda summary - letter of support to san juan county commission.pdf letter of support to san juan county commission.pdf Proposed Resolution 01 -2021: A Resolution Memorializing the Designation of Councilmembers and Staff as Liaisons to Various Community Boards and Organizations Briefing and possible action resolution 01 -2021 agenda summary.pdf resolution 01 -2021 community board liaison designations 2021.pdf resolution no. 01 2021 attachment a.pdf Appointment of the 2021 Mayor Pro Tem Appointment of the Council Member Responsible for Reviewing the City's Bills in 2021 Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1. 1.1. 2. 2.1. 3. 4. 4.1. 4.2. Documents: 4.3. 4.4. 5. 6. 6.1. Documents: 6.2. Documents: 6.3. Documents: 7. 7.1. 8. 8.1. Documents: 9. 9.1. Documents: 10. 10.1. Documents: 10.2. Documents: 10.3. Documents: 10.4. 10.5. 11. 12. JANUARY 12, 2021PRE-COUNCIL WORKSHOP 6:30 P.M.REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentPre-Council Workshop 6:30 p.m.Moab Area Travel Council UpdateRegular City Council Meeting -7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900-9128 Meeting ID: 880 4005 4269 Passcode (if needed): 191692Link: https://www.google.com/url?q=https://us02web.zoom.us/j/88040054269?pwd%3dade4c2ywzlgxtutselzdyvnbcg9pzz09&sa=d&source=calendar&ust=1610477277633000&usg=aovvaw0t8qappozhtpwfcnykn-x_Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: http://bit.ly/publiccommentformYou must submit your comments by 7:00 PM on January 12, 2021. Please limit your comments to 400 words.Administrative ReportsCOVID-19 UpdatesWalnut Lane UpdateAdmin report as - walnut lane updates 01 -12 -21.pdfBuy Local Bucks UpdateFinance Department UpdateMayor and Council ReportsApproval of MinutesMinutes: December 8, 2020, Regular Meetingmin-cc-2020 -12 -08 draft.pdfMinutes: December 16, 2020, Special Meeting min -cc-2020 -12 -16 draft.pdf Minutes: December 18, 2020, Special Meeting min -cc-2020 -12 -18 draft.pdf Presentation (10 Minutes) Grand County School District Update Proclamations Proclamation of January 18, 2021, as Martin Luther King Jr. Day in the City of Moab mlk day 2021.pdf Old Business Discussion of changes to the Land Use provisions of the Moab Municipal Code (MMC) relating to All -Terrain Vehicles cc summary report atv land use 1.12.2021.pdf exhibit 1 2020 10 -20 joint resolution re moratorium.pdf exhibit 2 c10 -9a-s504.pdf exhibit 3 chapter 17.12 code - nonconforming uses.pdf New Business A Letter from the Moab City Council in support of President -Elect Biden prioritizing an action to restore the Bears Ears National Monument to its original size as created by President Obama's administration in Proclamation 9558 in 2016 Briefing and possible action agenda summary - bears ears national monument letter.pdf bears ears national monument letter.pdf A letter from the Moab City Council in support of San Juan County Commission in its denial of the requested special event permit for the 2021 Rally on the Rocks tradeshow Briefing and possible action agenda summary - letter of support to san juan county commission.pdf letter of support to san juan county commission.pdf Proposed Resolution 01 -2021: A Resolution Memorializing the Designation of Councilmembers and Staff as Liaisons to Various Community Boards and Organizations Briefing and possible action resolution 01 -2021 agenda summary.pdf resolution 01 -2021 community board liaison designations 2021.pdf resolution no. 01 2021 attachment a.pdf Appointment of the 2021 Mayor Pro Tem Appointment of the Council Member Responsible for Reviewing the City's Bills in 2021 Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.1.1.2.2.1.3.4.4.1.4.2.Documents:4.3.4.4.5.6.6.1.Documents:6.2.Documents: 6.3. Documents: 7. 7.1. 8. 8.1. Documents: 9. 9.1. Documents: 10. 10.1. Documents: 10.2. Documents: 10.3. Documents: 10.4. 10.5. 11. 12. Moab City Council Agenda Item Meeting Date: January 12, 2021 Title: Walnut Lane Updates Disposition: Admin Report Staff Presenter: Kaitlin Myers, Senior Project Manager Background/Summary: Staff wishes to provide a brief update to Council on the status of the Walnut Lane project. On November 10, 2020, the City Council motioned to award the contract for Phase 1 of the Walnut Lane redevelopment project to indieDwell. Since this time, Staff has executed a contract with indieDwell for the 8 units and a contract with SET Engineering for civil construction drawings for phase 1. City Staff and the Architectural Squared (A^2) Team have been preparing public outreach materials to inform Walnut Lane residents and neighbors about the upcoming project and solicit feedback on the amenities and aesthetics of the project. These materials will be available on the City’s website in the coming weeks, and Staff will invite the Council to all public engagement events when the dates are set. Staff and A^2 are also working on a PAD preliminary site plan application, which will be submitted and reviewed by the Planning Commission in the coming weeks, followed by a final site plan for phase 1, which will be reviewed by the City Council. Finally, the City Planning Department has been working on minor code amendments to the PAD and the WAHO, primarily to clarify language in the existing code. These amendments will be brought to Council in the next meeting and will not affect the approval process for the Walnut Lane project. Page 1 of 6 December 8, 2020 MOAB CITY COUNCIL MINUTES--DRAFT REGULAR MEETING December 8, 2020 The Moab City Council held its Regular Meeting on the above date. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the COVID-19 pandemic and considering public health orders limiting in-person gatherings, the Moab City Council held this meeting by electronic means. An audio recording of the meeting is archived at http://www.utah.gov/pmn/index.html. PRE-COUNCIL WORKSHOP Mayor Emily Niehaus called the Workshop to order at 6:05 p.m. Participating remotely were Councilmembers Rani Derasary, Mike Duncan, Karen Guzman-Newton, Tawny Knuteson-Boyd and Kalen Jones. City staff participating remotely were Manager Joel Linares, Assistant Manager Carly Castle, Finance Director Klint York, Attorney Laurie Simonson and Recorder Sommar Johnson. Guests participated as noted below. A video recording is archived at https://www.youtube.com/watch?v=fPQK5uQ8G8k. Fiscal Year 2019-2020 Audit: Jon Haderlie of Larsen and Company presented the City’s annual audit. He described the audit as “clean” and “fair.” Haderlie remarked on the turnover of the finance director during the year and noted that the transition went well. He discussed a new state standard regarding fraud risk assessment. Mayor Niehaus invited Haderlie back in the spring to discuss internal controls. 100 Percent Renewable Energy at City Facilities: Stacey Davis and Deb Dull from Rocky Mountain Power offered a proposal to reduce the overall expense to the City to maintain its 100 percent renewable power status utilizing the subscriber solar program. The change will require a new contract to benefit from the reduced rates. Carp Treatment Project at Old City Park: Assistant Manager Castle described a project to eradicate invasive carp at the Old City Park pond. Dan Keller and Justin Hart of the Division of Wildlife Resources answered questions from the Council. Councilmember Derasary asked about options regarding the use of the pesticide Rotenone. Institutional Sewer Rates: Susie Becker of Zions Bank presented an analysis of certain institutions to determine the cost of implementing a new sewer rate category that would include churches and schools. Finance Director York answered questions from Council and City Manager Linares presented options to the Council. In a straw poll, it was determined that a public hearing would be held after the New Year. REGULAR CITY COUNCIL MEETING Regular Meeting—Call to Order and Attendance: Mayor Niehaus called the Regular City Council Meeting to order at 7:07 p.m. Participating remotely were Councilmembers Guzman- Newton, Knuteson-Boyd, Derasary, Duncan and Jones. City staff participating remotely were Manager Linares, Assistant Manager Castle, Attorney Simonson, Recorder Johnson, Planner Nora Shepard, Assistant Planner Cory Shurtleff, Finance Director York and Water Reclamation Facility (WRF) Supervisor Obe Tejada. A video recording of the meeting is archived at https://www.youtube.com/watch?v=WzAUchS98Ho. Page 2 of 6 December 8, 2020 Citizens to be Heard: Written comments received before the meeting: Dear Council Members, First and foremost we want to say that we are so excited that the RAP Tax passed! This is such an exciting opportunity for the City, and for the arts, parks, and recreation facilities and programs The purpose of this note is just to respectfully remind you that the Arts Council is here and excited to collaborate with the City Council when the time comes to establish the framework for spending We look forward to the many opportunities these funds will provide for our community. Respectfully, The Moab Arts Council, Makeda Barkley, Liz Holland, Sascha Steinberg, Theresa King, Erin Groves, Serah Mead, Chris Moss Administrative Reports: Mayor Niehaus introduced Jen Sadoff, Chief Executive Officer of the Moab Regional Medical Center, who gave an update on COVID-19 impacts at the hospital and long-term care facility and discussed loads at Intensive Care Units (ICUs) across the region. She discussed the difficult months ahead and the prospects for vaccinations. Bradon Bradford of the Southeast Utah Health Department (SEUHD) spoke about the benefits of Grand County’s mask mandate. He brought up test availability and developing vaccination plans. WRF Supervisor Tejada presented data on the capacity of the new wastewater facility and estimations of when maximum capacity might be reached. He estimated the year 2040 is a likely date but noted it is a fluctuating target. He said septage delivered from area vault toilets (outhouses) comprise a significant load on the facility. City Planner Nora Shepard reported she is coordinating with the County on Off-Highway Vehicle (OHV) code amendments. Finance Director York reported that September sales taxes comprised the City’s single biggest sales tax revenue month ever. York described the City’s recovery from starting the year with more than one million dollars of budget shortfalls to saving one million dollars in the current year due to staffing revisions and cutting expenses, resulting in a net loss of $114,095. City Manager Linares stated he hopes to have the City back in the black by the end of the year. Mayor Niehaus and Councilmember Guzman-Newton praised staff for their work correcting the City’s financial shortfalls. City Attorney Simonson reported on masking mandates and a recent Utah Labor Commission ruling regarding masking violations and enforcement. City Manager Linares reported on the Coronavirus Aid, Relief, and Economic Security (CARES) Act funding options. He stated there were $100,000 to spend on a proposed grant program and an equal amount to fund a community coupon program. Linares explained the coupon program and stated it is modeled on successful endeavors in other Utah jurisdictions and would provide $15 “buy local” coupons to City and County residents to be spent at local businesses, which would then be reimbursed by the City. Council discussed timelines and conditions for the program. A public hearing and meeting to consider the program was scheduled for Friday, December 18 at noon. Linares also reported that the new OHV speed limit signs were delivered to the City and would be installed soon. He mentioned an all-night effort on the part of the City’s water department crew due to a series of water pressure valve failures downtown. He concluded with praise for the Streets crew work cleaning up Walnut Lane. Page 3 of 6 December 8, 2020 A special City Council meeting was scheduled for Wednesday, December 16 at noon to discuss the City’s future water outlook. Councilmember Duncan stated he would present his research of the City’s water supply and threats to the City’s sustainable yield. Councilmember Guzman-Newton asked Linares about a Utah Department of Transportation (UDOT) Technical Planning Assistance (TPA) grant opportunity. Linares indicated he would research it and apply in time for the imminent deadline. Mayor and Council Reports: Mayor Niehaus reported on several meetings she participated in during the prior month. She noted the Millcreek community survey results were completed and she briefly discussed upcoming state legislation affecting rural communities. Councilmember Derasary reported on meetings she participated in during the prior month and highlighted work toward a System of Care for at-risk youth as well as progress on the Emergency Medical Services (EMS) building construction. She noted her disappointment regarding reports of vandalism of a local church. Councilmember Duncan reported on his upcoming presentation to the Council on the City’s water supply. He also described a conversation he had with Clif Koontz of Ride With Respect about OHV noise. Duncan mentioned his continuing work on a survey of streets. Mayor Niehaus thanked him for his assistance regarding the state of the City’s sidewalks. Councilmember Knuteson-Boyd reported on meetings with the Museum of Moab and the Housing Authority. Councilmember Guzman-Newton reported on various meetings she attended and mentioned a survey of community assets. Councilmember Jones reported on meetings he participated in regarding composting, dark skies and the regional transportation plan. He noted an option for a trucking route through Hanksville. He reported on a Travel Council meeting and remarked on revisions to advertising campaigns after the County’s recent resolution regarding tourism promotion. Mayor Niehaus concluded the Council reports with a mention of an upcoming Regional Transportation Plan meeting scheduled to announce approved Hotspot Funding projects. Approval of Minutes Motion: Councilmember Jones moved to approve the minutes for the November 10, 2020, Regular Meeting. Councilmember Duncan seconded the motion. Vote: The motion passed 5-0 with Councilmembers Derasary, Jones, Guzman-Newton, Knuteson-Boyd, and Duncan voting aye in a roll call vote. New Business: Proposed Resolution 39-2020: Sunflower Minor Subdivision —Approved Presentation: City Planner Shepard briefly explained that the property owner is proposing to subdivide the existing property at 889 N Main Street, Moab, UT, with the existing “Super 8” commercial business to be located on Lot 1 of the proposed subdivision, and the vacant land south of the hotel to be located on Lot 2. Mayor Niehaus noted the Moab Planning Commission positively recommended the minor subdivision approval in a 4-0 vote to the City Council. Page 4 of 6 December 8, 2020 Motion: Councilmember Knuteson-Boyd moved to approve Proposed Resolution 39-2020: A Resolution Approving the Sunflower Minor Subdivision of Property Located at 889 N Main Street, Moab. Councilmember Jones seconded the motion. Discussion: Councilmember Derasary noted the application specifies no proposed future use for the property and staff explained that any future use would need to adhere to zoning code. Vote: The motion passed 5-0 with Councilmembers Derasary, Guzman-Newton, Knuteson- Boyd, Duncan and Jones voting aye in a roll call vote. Proposed Resolution 40-2020: Jasmine Minor Subdivision—Approved Presentation: Assistant Planner Cory Shurtleff briefly presented background on the project and noted the Moab Planning Commission positively recommended approval in a vote of 4-0 to the City Council. Motion: Councilmember Duncan moved to approve Proposed Resolution 40-2020: A Resolution Approving the Jasmine Minor Subdivision of Property Located at 1089 N Main Street, Moab. Councilmember Knutson-Boyd seconded the motion. Vote: The motion passed 5-0 with Councilmembers Derasary, Guzman-Newton, Knuteson- Boyd, Duncan and Jones voting aye in a roll call vote. Proposed Resolution 45-2020: the MAPS Phase III Minor Subdivision—Approved Presentation: Assistant Planner Shurtleff offered background on the project. He stated that Canyonlands Health Care Special Service District submitted a Minor Subdivision Application on October 20, 2020, for the two-lot subdivision of property located at Care Campus Drive, Moab UT; Parcel #01-0MAP-0004. Shurtleff explained the review process and noted the Planning Commission positively recommended the minor subdivision to the City Council in a 5-0 vote. Motion: Councilmember Knuteson-Boyd moved to approve Proposed Resolution 45-2020: A Resolution Approving the MAPS Phase III Minor Subdivision of Property Located at Care Campus Drive, Moab. Councilmember Derasary seconded the motion. Discussion: Councilmember Knuteson-Boyd explained the subdivision would allow for the trade or sale of the property to remedy street alignment concerns and more. Moab Regional Medical Center CEO Sadoff and Canyonlands Health Care Special Service District chair Joette Langianese participated remotely to answer any questions and there were none. Vote: The motion passed 5-0 with Councilmembers Derasary, Guzman-Newton, Knuteson- Boyd, Duncan and Jones voting aye in a roll call vote. Proposed Ordinance 2020-16: Imposing a Local Sales Tax—Approved Presentation: City Manager Linares briefed the Council on the topic. He explained that since the proposition was approved by the voters of the City, pursuant to Utah Code Annotated §59- 12-1402, the Recreation, Arts and Parks (“RAP”) Tax could now be levied by a majority vote of the Governing Body. Adoption of the ordinance would impose the Tax affective April 1, 2021. Motion: Councilmember Derasary moved to approve Proposed Ordinance 2020-16: An ordinance imposing a local sales and use tax of one-tenth (1/10) of one percent (0.1%) to fund cultural arts facilities and programs and recreation facilities in the City of Moab, providing severability and an effective date for the ordinance, removing the code language for a Recreation, Arts and Parks Tax Citizens’ Committee. Councilmember Knuteson-Boyd seconded the motion. Discussion: Mayor Niehaus pointed out there could still be a citizens’ committee but the parameters of such a group would be determined later. Discussion ensued about the timeline for determining distribution of funds. Vote: The motion passed 5-0 with Councilmembers Derasary, Guzman-Newton, Knuteson- Boyd, Duncan and Jones voting aye in a roll call vote. Page 5 of 6 December 8, 2020 2021 Legislative Session Priorities—Discussion Casey Hill and Greg Curtis of Red Hill Strategic discussed lobbying priorities of Council, and which include OHV regulations, public noticing, road infrastructure appropriations, Transient Room Tax (TRT) sunset provisions for municipalities and affordable housing. City Manager Linares explained that he and Assistant Manager Castle would track legislative bills on a daily basis. Councilmember Derasary asked about the public noticing item and Linares explained it pertains to timeframe requirements for posting public hearings and other required items in the local weekly newspaper. Councilmember Duncan brought up the topic of advocating against the public lands transfer movement. He pointed out the federal public lands surrounding Moab are crucial to the area’s economy and quality of life. The consultants brought up UDOT’s prioritization process for road infrastructure appropriations and also clarified the sunset provision had been settled in the last legislative session, although there is continuing pushback from hoteliers. Councilmember Derasary brought up the continuing specter of loss of local control of land use planning due to potential legislative action. Councilmember Jones asked for details about the areas of lobbying concern. 2021 City Council Meeting Schedule—Approved Motion: Councilmember Derasary moved to approve the 2021 Moab City Council meeting schedule. Councilmember Knuteson-Boyd seconded the motion. After discussion, Councilmember Derasary amended her motion and Councilmember Knuteson-Boyd seconded the amended motion. Discussion: Council discussed the schedule, and decided to omit the second meetings in November and December. The schedule agreed upon reflects the intent to hold Regular City Council Meetings at 7:00 PM with workshops usually beginning at 6:30 PM on the second and fourth Tuesdays of each month. All in-person Regular City Council Meetings are planned to be held in the Moab City Council Chambers at 217 East Center Street, Moab, Utah. Joint City Council and Planning Commission meetings will be held January 26, April 27, July 27 and October 26. Regular Meetings will be held November 9 and December 14. Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. 2021 Moab City Holiday Schedule—Approved Motion: Councilmember Jones moved to approve the holiday schedule for 2021. Councilmember Knuteson-Boyd seconded the motion. Discussion: Discussion surrounding the closure of City offices and staff holiday time off during the final week of 2021 ensued. After dialogue, the following schedule was approved as proposed: Moab City Offices will be closed on the following holidays during 2021: New Year’s Day, January 1; Dr. Martin Luther King Jr. Day, January 18; Presidents’ Day, February 15; Memorial Day, May 31; Independence Day (Observed), July 5; Pioneer Day (Observed), July 23; Labor Day, September 6; Indigenous Peoples’ Day, October 11; Veterans’ Day, November 11; Thanksgiving Day, November 25 and the Day After Thanksgiving, November 26; Christmas Eve (Observed), December 23; Christmas Day (Observed), December 24; December 25, – January 2, 2o22. Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Approval of Bills Against the City of Moab: Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills against the City of Moab in the amount of $300,030.14. Councilmember Duncan seconded the motion. The motion passed 5-0 with Councilmembers Jones, Duncan, Guzman-Newton, Derasary, and Knuteson-Boyd voting aye in a roll call vote. Page 6 of 6 December 8, 2020 Adjournment: Councilmember Duncan moved to adjourn the meeting. Councilmember Guzman-Newton seconded the motion. The motion passed unanimously and Mayor Niehaus adjourned the meeting at 10:06 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Page 1 of 2 December 16, 2020 MOAB CITY COUNCIL MINUTES--DRAFT SPECIAL MEETING December 16, 2020 The Moab City Council held a Special Meeting on the above date. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the COVID-19 pandemic and considering public health orders limiting in-person gatherings, the Moab City Council held this meeting by electronic means. An audio recording of the meeting is archived at http://www.utah.gov/pmn/index.html. A video recording is archived at https://www.youtube.com/watch?v=_CJHpGDEbY8. Mayor Emily Niehaus called the Workshop to order at 12:05 p.m. Participating remotely were Councilmembers Rani Derasary, Mike Duncan and Kalen Jones. Councilmember Karen Guzman-Newton joined the meeting remotely at 12:38 p.m. City staff participating remotely were Manager Joel Linares, Assistant Manager Carly Castle, Attorney Laurie Simonson, Public Works Director Levi Jones, City Engineer Chuck Williams, Assistant City Engineer Mark Jolissaint and Recorder Sommar Johnson. Mayoral Appointments to the Moab City Planning Commission—Approved Motion and Vote: Councilmember Duncan moved to confirm the mayoral appointment of John Knight to the City Planning Commission with a term ending December 31, 2024. Councilmember Derasary seconded the motion. The motion passed 3-0 aye with Councilmembers Jones, Derasary and Duncan voting aye. Motion and Vote: Councilmember Derasary moved to confirm the mayoral re-appointment of Marianne Becnel to the City Planning Commission with a term ending December 31, 2024. Councilmember Jones seconded the motion. The motion passed 3-0 aye with Councilmembers Jones, Derasary and Duncan voting aye. Motion and Vote: Councilmember Duncan moved to confirm the mayoral re-appointment of Becky Wells to the City Planning Commission with a term ending December 31, 2024. Councilmember Jones seconded the motion. The motion passed 3-0 aye with Councilmembers Jones, Derasary and Duncan voting aye. Motion and Vote: Councilmember Jones moved to remove Brian Ballard from the Moab City Planning Commission as required by the Moab City Code §2.52.030. Councilmember Derasary seconded the motion. The motion passed 3-0 aye with Councilmembers Jones, Derasary and Duncan voting aye. Motion and Vote: Councilmember Derasary moved to confirm the mayoral re-appointment of Jessica O’Leary to the City Planning Commission for a fill-in term ending December 31, 2021. She will replace the appointment formerly held by Brian Ballard. Councilmember Duncan seconded the motion. The motion passed 3-0 aye with Councilmembers Jones, Derasary and Duncan voting aye. Confirmation of Mayoral Reappointment of Chace Gholson to the Moab Mosquito Abatement District Board—Approved Motion and Vote: Councilmember Jones moved to confirm the mayoral re-appointment of Page 2 of 2 December 16, 2020 Chace Gholson to the Moab Abatement District Board. His term will end on December 31, 2024. Councilmember Derasary seconded the motion. The motion passed 3-0 aye with Councilmembers Jones, Derasary and Duncan voting aye. Water Resources—Discussion City Engineer Williams presented an overview of the City’s water system including culinary water supply sources, source protection areas, total use and number of connections to the City’s water system, known issues regarding the system, and the water department budget. Williams briefly defined hydrology terminology and provided a synopsis of the area watershed map, various research reports on the water supply which inform staff, and described disparities between reports prepared by the United States Geological Survey (USGS), the City’s hydrogeology consultant Kenneth Kolm, and the 2020 Gardner Report. Williams stated the area’s groundwater use is close to being maximized. He went on to explain the disparities between the findings in the reports regarding the estimated amount of available water. Williams mentioned progress on replacing Well 9. Assistant Manager Castle spoke about prospects for adoption of conservation measures in the coming year. She indicated there were opportunities for the City to adopt ordinances that would contribute toward the City’s water conservation goals. Moving to a water-restricted future—Presentation Councilmember Duncan explained his findings regarding the City’s water supply and prospects for future conditions. He noted that his participation on the City’s Water Conservation and Drought Management Advisory Board over the past years had informed his opinions. He reviewed the USGS, Kolm and Gardner reports and stated his desire to adopt ordinances in the coming year to address metering and quota systems for City water customers. Councilmember Jones commented on conspicuous ways to conserve water, the necessity of cooperating with other agencies, and noted the motive for conservation should not be to increase area development but rather to maintain quality of life for current City residents. Councilmember Derasary stated she also supports collaboration. Mayor Niehaus asked if approved developments, which are not yet on-line, were considered in the calculations. Williams explained that the City’s Water Reclamation Facility consultant estimates a 1.5 percent growth annually for 15 years and one percent growth thereafter. Councilmember Guzman-Newton also asked about future use projections. Councilmember Derasary requested variable conservation goals for residents and noted that many residents are already conservative and need water to support vegetable gardens. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Derasary seconded the motion. The motion passed unanimously and Mayor Niehaus adjourned the meeting at 2:04 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Page 1 of 2 December 18, 2020 MOAB CITY COUNCIL MINUTES--DRAFT SPECIAL MEETING December 18, 2020 The Moab City Council held a Special Meeting on the above date. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the COVID-19 pandemic and considering public health orders limiting in-person gatherings, the Moab City Council held this meeting by electronic means. An audio recording of the meeting is archived at http://www.utah.gov/pmn/index.html. A video recording is archived at https://www.youtube.com/watch?v=PMJLQqZw25o. Mayor Emily Niehaus called the Workshop to order at 12:02 p.m. Participating remotely were Councilmembers Rani Derasary, Karen Guzman-Newton, Tawny Knuteson-Boyd and Kalen Jones. City staff participating remotely were Manager Joel Linares, Assistant Manager Carly Castle, Attorney Laurie Simonson, Finance Director Klint York and Recorder Sommar Johnson. Public Hearing on Proposed Resolution 46-2020: A Resolution Amending the Fiscal Year 2020/2021 Budget Mayor Niehaus opened a public hearing to receive comments on the proposal to amend the budget in order to utilize $200,000 received from the Coronavirus Aid, Relief, & Economic Security (CARES) Act to the City’s local grants program. She stated the public hearing would remain open until the meeting adjourned. She noted there was one written comment. Written Public Comment (Theresa King): Thank you for scheduling a public hearing. Moab citizens want to be engaged in their government. Erring on the side of the 'spirit of the law' vs the 'letter of the law' in regards to public meetings is to be commended. As for the public hearing today, I understand the subject is opening the budget to do some accounting gymnastics to be able to use the CARES funding without as many restrictions. In the spirit of transparency, it would be helpful in attempting to give intelligent input about the budget if the budget for this fiscal year was available online (on the city's website) to review. My comment is "could these funds be used for infrastructure needs of the City"? Would it be possible to use the $200,000 as matching funds and acquire a grant for immediate infrastructure needs thus potentially having $400,000 to spend. I believe this would be a better use of these monies and would serve everyone in the City for years to come. Resolution 46-2020: Amending the Fiscal Year 2020/2021 Budget—Approved Presentation: Finance Director York described the Buy Local Bucks program and stated that all Grand County households would receive three $15 coupons to spend like cash at participating businesses within City limits. He said more than 70 businesses to date were participating. York explained the program would commence the following week and would last until March 1, 2021 or until funds were used up. He added that businesses would submit coupons to the City for reimbursement. Mayor Niehaus asked about tracking the spending and York explained the procedure and public notification of the depletion of the fund. Councilmember Knuteson-Boyd asked about which businesses were participating and York noted the list of participants on the City’s website. Councilmember Derasary brought up the option for residents to donate unused Page 2 of 2 December 18, 2020 coupons to charities and asked aboit any plans for leftover funds. City Manager Linares explained any remaining funds would be transferred into the General Fund and could be used for future business incentives, if needed. Derasary asked about the points made in Ms. King’s letter. Linares explained that the funds could be used for local business incentives but could not be used for City infrastructure. Councilmember Guzman-Newton requested that staff make it clear to the public the limitations on spending the CARES Act funds. Councilmember Derasary also asked if the budget was on the City’s website and York stated he would update that information. Mayor Niehaus reported she had received a lot of positive feedback about the program. She suggested that unused coupons could be given as gifts and tips for local workers. Linares described statistics from other communities that had introduced similar programs and suggested that as much as 50% of coupons could go uncashed. He said information would be posted to the City’s website weekly. Mayor Niehaus next brought up the Community Contributions program, which would account for half of the CARES Act spending. City Manager Linares stated $100,000 is available for local nonprofits, special service districts and government entities. He described the process which would involve grants applications with an approximate due date of January 21, a staff committee to recommend awards and council approval of funding requests. He further clarified that the normal Community Contributions grants and special events fee waivers would be part of the upcoming planning cycle for the 2021/2022 budget. He answered a question from Councilmember Knuteson-Boyd about how the City tracks multiple requests from entities over time. He also answered a question from Councilmember Derasary about whether funding requests need to be directly related to COVID-19 impacts and he explained that it was not imperative, and he explained more details about the special event fee waivers and the Community Contributions program going into the future. Mayor Niehaus concluded the discussion by thanking staff for their hard work on the CARES Act funding program. Motion: Councilmember Knuteson-Boyd moved to approve Proposed Resolution #46-2020 Amending the FY 2020-2021 Budget. Councilmember Derasary seconded the motion. Discussion: Councilmember Guzman-Newton made clear that staff brought the City back into the black after a very challenging year and that the City was in a very strong financial position. Mayor Niehaus concurred. Vote: The motion passed 4-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd and Guzman-Newton voting aye. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Knuteson-Boyd seconded the motion. The motion passed unanimously and Mayor Niehaus adjourned the meeting at 12:38 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Mayor Emily S. Niehaus January 12, 2021 WHEREAS, Dr. Martin Luther King Jr. made significant and long‐lasting contributions to the social and economic progress within our nation through the movement toward racial equality and civil rights for all people, no matter their race, color, creed or occupation; including the push to desegregate public and private institutions and to provide fair rights and appropriate labor laws; and WHEREAS, through peaceful protests and nonviolent public demonstrations, Dr. King was a catalyst for change in how African Americans are treated, and stated that “Injustice anywhere is a threat to justice everywhere;” and WHEREAS, to commemorate the life and legacy of Dr. King, on November 2, 1983, the U.S. House of Representatives passed a bill to declare Martin Luther King Jr. Day as a federal holiday to be observed annually on the third Monday of January, to represent Dr. King’s birthday; and WHEREAS, Moab City recognizes and honors the contributions made by Dr. King and pledges to promote universal respect for and observance of Martin Luther King, Jr. Day and the civil rights guaranteed to all residents throughout Moab and our nation; and WHEREAS, as we honor Dr. King this month, which would have been Dr. King’s 92nd birthday, it is appropriate for us to recognize and pay tribute to his inclusive civil rights work for all communities. THEREFORE, BE IT RESOLVED that I, Emily S. Niehaus, Mayor of the City of Moab, do hereby join with community members in proclaiming Monday January 18, 2021 as  Martin Luther King Jr. Day and urge community and faith leaders, civil rights advocates, educators, public officials, and all people of Moab City to recognize and remember Dr. Martin Luther King Jr. and his dream for a greater America. CITY OF MOAB, UTAH MARTIN LUTHER KING JR. DAY PROCLAMATION Sommar Johnson, City Recorder  January 12, 2021 Moab City Council Agenda Item Meeting Date: January 12, 2021 Title: Discussion of changes to the Land Use provisions of the Moab Municipal Code (MMC) relating to All-Terrain Vehicles Disposition: Discussion and direction. Staff Presenter: Nora Shepard. Planning Director Attachment(s): - Exhibit 1: Resolution 41-2020 - Exhibit 2: Utah State Code 10-9-504 (Temporary Land Use Ordinances) - Exhibit 3: MMC 17.12 relating to Non-Conforming Uses Background/Summary: On October 20, 2020, the City and County adopted Resolution 41 -2020 (attached as Exhibit 1) that directs staff, among other things, to initiate changes to the MMC “TO AMEND THOSE RELEVANT PORTIONS PERMITTING VEHICLE SALES, RENTALS, OR LEASING, COMMERCIAL OUTDOOR RECREATIONAL USES, AND OUTFITTER, GUIDE SERVICES AND FACILITIES.” The resolution goes on the specify the following: Formally initiate proceedings to amend the Grand County Land Use Code and the Moab Municipal Code to amend those relevant portions permitting All-Terrain Vehicle sales, rentals, or leasing and outfitter, guide services and facilities, including LUC Sections 3.1, 3.4.9H, and 3.4.9K and City Code Sections 17.21.20, 17.24.20, 17.27.20, 17.31.20, and 17.32.20; The Planning and Administrative staff have been discussion ways to address this directive. At this time, the staff is asking the City Council to provide direction on moving forward with the Land Use Changes. At the same time the City is looking at Land Use Regulation changes, discussions are on-going among City and County leaders on proposed legislation to be considered during the upcoming session. There have also been discussions of public engagement and engagement with the ATV community and businesses. This memo does not address those discussions, but the outreach plan can certainly inform the Land Use changes. Options for Moving forward: 1. Adopt a Temporary Land Use Ordinance as allowed by Utah State Law to give the City time to develop the Land Use changes and allows time for public engagement. Resolution 41-2020 does not address a Temporary Zoning Ordinance, but it is a tool that can be used to “buy time” for ordinance development in cases. A temporary land use regulation may be adopted when there is an emergency situation or a compelling reason that requires immediate action. While the temporary regulation is in place, the local government has time to address the situation through the normal process to adopt zoning ordinances. The City has imposed such a regulation in the past. This link to the Utah State Property Ombudsman Website provide a good summary and information on Temporary Land Use Ordinances can be found here: https://propertyrights.utah.gov/temporary-zoning-ordinance-i-e-moratorium/ The applicable Utah State Code Section is attached as Exhibit 2. Because the Resolution also prohibits the City from issuing new business licenses for ATVs, it is not likely that a new business could be approved for a business license. However, there is nothing in place currently to prevent a property owner or applicant to file a Site Plan Application for a new ATV business. They could go through the Land Use Approval process, but no business license can be issued. 2. Proceed to initiate changes without a Temporary Land Use Ordinance. The City can certainly just move forward, according to the process required for zoning and text changes as specified in section 17.04 of the MMC Land Use Code. This approach would not prevent an applicant from filing for a Site Plan application for a new ATV rental or sale use. Code Changes Whether or not the City adopts a Temporary Land Use Ordinance, the actual changes to the Code include: 1. Adding and amending the definitions section to be consistent with Utah State Definitions and for internal consistency. We do not currently have specific definitions for ATV rental and Outfitter or Guide Services. Those definitions need to be modified. There are also a number of “permitted uses” in the zone descriptions related to ATV rentals. The definitions should be cleaned up to have the permitted uses included as definitions. 2. Amending each zoning district to eliminate ATV rentals and ATV Outfitters and Guide Services as a permitted use. Once the definitions and permitted uses are cleaned up, the City can remove ATV rentals and ATV Outfitters and Guides as a permitted use in all zones. This would mean that all existing ATV rentals would be considered as “Non-Conforming Uses” and subject to MMC Chapter 17.12 General Provisions (Exhibit 3). Non-Conforming Uses are considered to be existing legal uses that were permitted at the time the use was approved. Only minor modifications can be made or replaced but allowed changes to the business are severely limited. Businesses would not be able to increase building square footages or do significant remodel. This may hamstring existing businesses from making needed improvements. It is also questionable whether new vehicles could be added to an existing fleet. 3. Consider modifying the specific use regulations for ATV rentals and ATV Outfitters and guides in applicable zones. Many of the uses described as permitted uses in each zone are qualified by special conditions or regulations that apply to the use. For example, we have specific regulations for Day Care uses, Public Buildings and Houses of Worship. The use could be permitted, but only if certain conditions or requirements can be met. It is possible that we allow ATV rental is some zones with specific conditions, such as a requirement to trailer to the trailheads, or assurances that the ATVs being rented meet noise requirements. This approach could also be discussed in the future, after we finish the first round of amendments and based on stakeholder and public engagement. Miscellaneous Questions and Clarifications As the City has been implementing the directives of Resolution 41 -2020, several questions have arisen. These questions are not specific to the land use changes. However, staff is requesting direction from Council. The questions are: 1. The moratorium on new business licenses passed by the Council applies to Type I, II, and III ATVs as they are defined by state law. Under the definitions in state law, a Type III ATV is a modified Jeep. (Un-modified Jeeps are not Type III ATVs and so are not affected by the moratorium.) Was the intent of the Council to impose the moratorium on modified Jeeps? If the answer is yes, then no further action is necessary. If the answer is no, staff requests direction as to whether the Council wants to modify the moratorium. 2. The moratorium in Resolution 41-2020 applies to the issuance of "new" business licenses for the sale, rental, or leasing of ATVs and ATV outfitting, guiding, and touring. The current moratorium does not prohibit an existing business licensee from expanding their fleet. Our current business license application does not require the business owner disclose the number of vehicles in their fleet. Was the intent of the Council to prohibit the expansion of an existing business licensee's fleet? If the answer is no, no further action is necessary. If the answer is yes, staff requests direction as to whether the Council wants to modify the moratorium. Regardless, staff recommends that the City modify the business licensing process to require a fleet inventory upon license renewal (and application when the moratorium is lifted). Direction The staff is looking for discussion and direction on the following: 1. Should we move forward with or without a Temporary Zoning Ordinance (180- day moratorium) on new land use applications while we pursue Code amendments? 2. Should we move forward with prohibiting new ATV rentals in all zones making all existing uses Non-Conforming Uses? 3. Answers to the Miscellaneous Questions. DocuSign Envelope ID: 1DC2FF15-E5B5-4827-B393-625AA564247C GRAND COUNTY, UTAH COUNTY RESOLUTION NO. 3245 (2020) CITY OF MOAB, UTAH CITY RESOLUTION NO. 41-2020 TO FORMALLY INITIATE PROCEEDINGS TO AMEND THE GRAND COUNTY LAND USE CODE AND THE MOAB MUNICIPAL CODE TO AMEND THOSE RELEVANT PORTIONS PERMITTING VEHICLE SALES, RENTALS, OR LEASING, COMMERCIAL OUTDOOR RECREATIONAL USES, AND OUTFITTER, GUIDE SERVICES AND FACILITIES AND TO IMPOSE A TEMPORARY MORATORIUM ON ISSUING NEW BUSINESS LICENSES FOR THE SALE, RENTAL, OR LEASING OF ALL -TERRAIN VEHICLES (ATVS), COMMERCIAL OUTDOOR RECREATIONAL USES INVOLVING AN ATV, AND ATV OUTFITTING, GUIDING, AND TOURING AND TO IMPOSE A TEMPORARY MORATORIUM ON ISSUING NEW SPECIAL EVENTS PERMITS FOR ALL -TERRAIN VEHICLE VENDORS, ASSOCIATIONS, AND GROUPS WHEREAS, Utah Code § 41-6a-1509 permits the operation of street -legal all -terrain vehicles on County roads and City streets (subject to certain requirements); WHEREAS, Chapter 9a of Title 10 and Chapter 27a of Title 17 of the Utah Code authorizes the City of Moab and Grand County to enact ordinances, resolutions, and rules and to enter into other forms of land use controls and development agreements that the County and City consider necessary or appropriate for the use and development of land within the County and City of Moab, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing: uses; density; open spaces; structures; buildings; energy -efficiency; light and air; air quality; transportation and public or alternative transportation; infrastructure; street and building orientation and width requirements; public facilities; fundamental fairness in land use regulation; and considerations of surrounding land uses to balance the foregoing purposes with a landowner's private property interests and associated statutory and constitutional protections; WHEREAS, Chapter 9a of Title 10 and Chapter 27a of Title 17 of the Utah Code requires the City of Moab and Grand County to provide for the health, safety, and welfare of its residents; improve the peace and good order, comfort, convenience, and aesthetics of the County and City; protect the tax base; foster the state's agricultural and other industries; promote the orderly development of urban and nonurban development; provide fundamental fairness in land use regulation; and facilitate orderly growth and allow growth in a variety of housing types; WHEREAS, the previously named Grand County Council ("County Council") adopted the Grand County General Plan Update on February 7, 2012 with Resolution No. 2976 and adopted the Grand County Land Use Code ("LUC") on January 4, 1999 with Ordinance No. 299, as Doc ID: 2fc3ab19af3deed6949e2ff508abf9d193998add DocuSign Envelope ID: 1DC2FF15-E5B5-4827-B393-625AA564247C amended, for the purpose of regulating land use, subdivision and development in Grand County in accordance with the General Plan; WHEREAS, the Moab City Council ("City Council") adopted the City of Moab General Plan Update on July 11, 2017 with Resolution No. 28 (2017) and adopted the General Ordinances of Moab, Utah in 1958, as amended ("City Code"); WHEREAS, from time to time, the County and City adopt ordinances to modify the LUC and City Code to further the purposes of the respective Land Use, Development, and Management Acts and align the same with changing community conditions and state law; WHEREAS, while the County and City General Plans acknowledge the important contribution of tourism to the local economy, it also states that business development shall be ecologically responsible, fit the community and the needs and preferences of the residents, and be designed to avoid damaging natural amenities and resources. The General Plans also prioritizes a balance between economic sectors and recreational users to enhance the local recreational, scenic, and cultural amenities to attract and accommodate visitors; WHEREAS, specifically, the County General Plan states a preference development that does not degrade the natural quiet of the surrounding landscape; and, specifically, the City General Plan seeks in Goal 7: Aural Environment: "to reduce noise levels so residents can peacefully enjoy their property and provide a pleasant environment for businesses and visitors;" WHEREAS, the LUC permits vehicle sales, rental, or leasing facilities and outfitter, guide services and facilities in Sections 3.1, 3.4.9H, and 3.4.9K, and the City Code permits "vehicle sales and rentals," "outdoor recreational uses, commercial," and "recreational tour companies, outfitters and guide services" in Sections 17.21.20(A)(18), 17.24.20(A)(26), 17.27.20(A)(38), 17.31.20(A)(13) and (14), and 17.32.20(A)(4)(h); WHEREAS, as provided in Utah Code §§ 10-1-203 and 17-53-216, the City and County adopted ordinances which provide for the licensing of businesses within their jurisdictions for the purpose of regulation and includes the power to deny, revoke, or suspend such licenses, as codified in Chapter 5 of the City Code and Chapter 5.04 of the Grand County Codified Ordinances; WHEREAS, under similar authority and in exercise of their general police powers, the City and County have the authority to issue special events permits and regulate the same, which authority includes the power to deny, revoke, or suspend such permits, as codified in Chapter 8.16 of the Grand County Codified Ordinances and Chapter 4.11 of the City Code; WHEREAS, there has been a recent increase in business license applications in the County and City for sales, rentals, and licensing of All -Terrain Vehicles and related guide services that serve non-residents ("ATV rentals and tours"); Doc ID: 2fc3ab19af3deed6949e2ff508abf9d193998add DocuSign Envelope ID 1DC2FF15-E5B5-4827-8393-625AA564247C WHEREAS, the rapid growth of ATV rentals and tours in the County and City has resulted in a sharp increase in noise impacts to the residents of the County and City during all hours of the day and night; WHEREAS, numerous studies have found: noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke; small increases in unwanted ambient sound have significant health effects; and noise aggravates health conditions by inducing higher levels of stress; WHEREAS, at least one additional study has found that people living in areas with more road traffic noise were 25 percent more likely than those living in quieter neighborhoods to have symptoms of depression;' WHEREAS, studies have shown that continuous noise in excess of 30 dB disturbs sleep, which is well documented to be a prerequisite for good physiologic and mental functioning in healthy individuals,3 and the U.S. Environmental Protection Agency sound guidance for the protection of human health and welfare in rural areas is 55 dB;4 WHEREAS, during operation on streets and roads, most All -Terrain Vehicles in the state of Utah (not built to California noise standards) produce decibel levels louder than 70 dBA and often between 85 and 100 dBA;5 WHEREAS, the County adopted a Noise Ordinance in 2019 via Ordinance No. 602 that acknowledges this science and defines noise as "any Sound that is unwanted and causes or tends to cause an adverse psychological or physiological effect on human beings." However, the County's Noise Ordinance has been ineffective at reducing the impact of ATV noise because measuring the noise emitted by a moving vehicle on roads and highways is impractical given surrounding ambient noise and equipment limitations; 1 Floud, Medication use in relation to noise from aircraft and road traffic in six European countries: results of the HYENA study. https://pubmed.ncbi.nlm.nih.eov/21084328/; Schmidt, Effect of nighttirne aircraft noise exposure on endothelial function and stress hormone release in healthy adults httr s:upcademic.oup.com/eurhearti/article/34/45/3508/435199; Hahad, Annoyance to Different Noise Sources is Associated With Atrial Fibrillation, 5273 (17)37174-7/fu I ltext; 2 Orban, Residential Road Traffic Noise and High Depressive Symptoms after Five Years of Follow-up: Results from the Heinz Nixdorf Recall Study, https://ehp.niehs.nih.fgov/doi/10.1289/ehp.1409400 3 Jariwala, Noise Pollution and Human Health: A Review, https://www.researchgate.net/publication/319329633 Noise Pollution Human Health A Review 4 Harrison, Rock Creek Enduro Sound Tests, Eldorado National Forest, USDA Forest Service Special Report, May 1994. 5 Horse Farms Forever, ATV Engine Noise - the Sound of Science, https://www_horsefarmsforever.com/lets-have-a- sound-test/; Rowley, Are ATVs A Noisy Nuisance Or A Right?, https://shawaneunkjournal_com/2014/03/27/news/ 14u32 ti.html https://www.internationaliournalofcardiolosv.com/article/S0167- Doc ID: 2fc3ab19af3deed6949e2ff508abf9df93998add DocuSign Envelope ID: 1DC2FF15-E5B5-4827-B393-625AA564247C WHEREAS, the Moab valley is narrow and surrounded by sandstone cliffs which cause noise generated by ATV rentals and tours to reverberate valley -wide, which increases the impact of ATV rentals and tours on residents and visitors; WHEREAS, several popular ATV trails are accessed through residential neighborhoods in the City and County, including the vast trail systems located in the Sand Flats Recreation Area and those accessed via Kane Creek Boulevard, Spanish Valley Drive, Spanish Trail Road, Westwater Drive, and Murphy Lane, which increases the impact of ATV rentals and tours on residents and visitors; WHEREAS, market conditions and the boom in ATV rentals and tours have impacted other recreational user groups and associated economic activity, including mountain biking, hiking, rafting, and climbing, which economic sectors thrive in natural quiet; WHEREAS, in the Fall of 2020, the City and County received a historical number of public comments objecting to noise impacts from ATV rentals and tours (and related special events), which public comments are included in the record for the joint meeting of the City and County on October 20, 2020; WHEREAS, Utah Code §§ 10-9a-509 and 17-27a-508 permit the City and County to deny approval of a land use application submitted within an 180 -day period after initiation of formal proceedings to amend applicable land use regulations; WHEREAS, under Utah law, the City and County may exercise powers and perform functions that are reasonably related to the safety, health, morals, and welfare of its inhabitants; and WHEREAS, for the reasons articulated above and under the authority set forth herein, the Grand County Commission and the Moab City Council find that compelling, countervailing public interests justify the temporary prohibition of new business licenses for sale, rental, or leasing of All -Terrain Vehicles and ATV outfitting, guiding, and touring, and new special events permits for the assemblage of vendors, enthusiasts, or users of All -Terrain Vehicles, including associations, groups, and individuals; until such time that either body ends the prohibition; NOW, THEREFORE BE IT RESOLVED that the Grand County Commission and Moab City Council do hereby: 1. Formally initiate proceedings to amend the Grand County Land Use Code and the Moab Municipal Code to amend those relevant portions permitting All -Terrain Vehicle sales, rentals, or leasing and outfitter, guide services and facilities, including LUC Sections 3.1, 3.4.9H, and 3.4.9K and City Code Sections 17.21.20, 17.24.20, 17.27.20, 17.31.20, and 17.32.20; and 2. Impose a temporary moratorium on the issuance of new business licenses for the Sale, Rental, or Leasing of All -Terrain Vehicles and ATV Outfitting, Guiding, and Touring, until such time that either body ends the prohibition; and Doc ID: 2fc3ab19af3deed6949e2ff508abf9df93998add DocuSign Envelope ID: 1DC2FF15-E5B5-4827-6393-625AA564247C 3. Impose a moratorium on the issuance of new special events permits for the assemblage of vendors, enthusiasts, or users of All -Terrain Vehicles, including associations, groups, and individuals, until such time that either body ends the prohibition; 4. Definitions. As used herein: A. "All -Terrain Vehicles (ATVs or ATV)" shall mean all -terrain Type I, II, and III vehicles as defined under Utah Code §§ 41-6a-102 and 41-22-2; B. "Outfitting, Guiding, and Touring" shall mean accompanying customers and guests in an ATV, and/or outfitting a customer or guest with an ATV, whether driving the vehicle or not, whether or not monetary compensation is exchanged; and C. "Sale, Rental, and Leasing" shall include the business use of All -Terrain Vehicles for customers, guests, or vendors or any other commercial activity involving an All -Terrain Vehicles whether or not monetary compensation is exchanged. D. "Special Events" and "Special Events Permits" shall have the same meaning as set forth in Chapter 8.16 of the Grand County Codified Ordinances and Chapter 4.11 of the City Code. APPROVED by the Grand County Commission and the Moab City Council in a joint public meeting on October 20, 2020 by the following vote: GRAND COUNTY COMMISSION: Those voting aye: Clapper, Woytek, Halliday, McGann, Hawks Those voting nay: Wells Those absent: Paxman (present/recused) ATTEST: Mary McGann, Chair Quinn Hall, Clerk/Auditor Doc ID: 2fc3ab19af3deed6949e2ff508abf9df93998add DocuSign Envelope ID: 1DC2FF15-E5B5-4827-8393-625AA564247C MOAB CITY COUNCIL: Those voting aye: Jones, Derasary, Guzman -Newton, Duncan_ Those voting nay: Knuteson-Boyd Those absent: ATTEST: rDocuSigned by: . .ABEBR74MCOD4DO... Emily Niehaus, Mayor Sommar Johnson, Clerk/Recorder Doc ID: 2fc3ab19af3deed6949e2ff508abf9df93998add Utah Code Page 1 10-9a-504 Temporary land use regulations. (1) (a) A municipal legislative body may, without prior consideration of or recommendation from the planning commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if: (i) the legislative body makes a finding of compelling, countervailing public interest; or (ii) the area is unregulated. (b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval. (c) A temporary land use regulation under Subsection (1)(a) may not impose an impact fee or other financial requirement on building or development. (2) The municipal legislative body shall establish a period of limited effect for the ordinance not to exceed six months. (3) (a) A municipal legislative body may, without prior planning commission consideration or recommendation, enact an ordinance establishing a temporary land use regulation prohibiting construction, subdivision approval, and other development activities within an area that is the subject of an Environmental Impact Statement or a Major Investment Study examining the area as a proposed highway or transportation corridor. (b) A regulation under Subsection (3)(a): (i) may not exceed six months in duration; (ii) may be renewed, if requested by the Transportation Commission created under Section 72-1-301, for up to two additional six-month periods by ordinance enacted before the expiration of the previous regulation; and (iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the Environmental Impact Statement or Major Investment Study is in progress. Renumbered and Amended by Chapter 254, 2005 General Session Ch. 17.12 General Provisions | Moab Municipal Code Page 1 of 8 The Moab Municipal Code is current through Ordinance 20-15, passed October 20, 2020. Chapter 17.12 GENERAL PROVISIONS1 Sections: 17.12.010 Intent. 17.12.020 Special exceptions--Generally. 17.12.030 Nonconforming uses and non-complying buildings. 17.12.040 Continuation and expansion. 17.12.050 Damaged building restoration. 17.12.060 Discontinuance or abandonment. 17.12.070 Change to another nonconforming use prohibited. 17.12.080 Nonconforming lots. 17.12.090 Establishment, abandonment and miscellaneous requirements. 17.12.100 Owner-occupied mobile home. 17.12.110 Prohibition of reconstruction or restoration of a non-complying structure. 17.12.120 Annexations. 17.12.170 Policy pertaining to flag-shaped or panhandle lots. 17.12.180 Height restrictions of buildings. 17.12.010 Intent. The intent of this chapter is to accumulate provisions applying to all land and building within the incorporated area of the City into one chapter rather than to repeat them several times. (Ord. 10-15, 2010) 17.12.020 Special exceptions--Generally. Sections 17.12.030 through 17.12.100 are to be decided by the Zoning Administrator with appeal to the hearing officer. (Ord. 10-15, 2010) 17.12.030 Nonconforming uses and non-complying buildings. A. Applicability. These provisions apply only to legal, nonconforming uses and non-complying structures, and do not apply to illegally established nonconforming uses and non-complying structures. No use may be Ch. 17.12 General Provisions | Moab Municipal Code Page 2 of 8 The Moab Municipal Code is current through Ordinance 20-15, passed October 20, 2020. considered a legally existing nonconforming use under the provisions of this chapter if the use was never lawfully established. B. Nonconforming Status. The use of land, use of a structure, or a structure itself shall be deemed to have nonconforming status when all of the following conditions are satisfied: 1. The use or structure does not conform to the regulations prescribed in the district in which such use or structure is located and was in existence and lawfully constructed, located and operating prior to, and at the time of, the event that made such use or structure nonconforming. 2. The event that made such use or structure nonconforming was one of the following: annexation into the City; adoption of this code or a previous zoning ordinance, or, amendment of this code or a previous zoning ordinance. 3. The nonconforming use or the use occupying the non-complying structure has been operating since the time that the use or structure first became non-complying without abandonment, as abandonment is defined in Section 17.12.060. (Ord. 10-15, 2010) 17.12.040 Continuation and expansion. Except as provided in this section, a nonconforming use or non-complying structure may be continued by the present or a future property owner. A. A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension. Installation of solar energy devices to a building is not a structural alteration. B. A non-complying building or structure or nonconforming use of land may be continued to the same extent and character as that which legally existed on the effective day of the applicable regulations. C. A nonconforming structure may not expand. A nonconforming structure may be allowed to reconstruct a portion of the building subject to the conditions established in Section 17.12.040 of this code. D. Allowed dwellings that are nonconforming as to the required minimum building square footage at the time of the adoption of the ordinance codified in this chapter, shall be allowed to construct additions, expansions, and remodels without having to come into full compliance with the minimum square footage requirement. In any case, such addition, expansion or remodel shall in all other ways fully comply with the requirements of the zoning district. (Ord. 10-15, 2010) Ch. 17.12 General Provisions | Moab Municipal Code Page 3 of 8 The Moab Municipal Code is current through Ordinance 20-15, passed October 20, 2020. 17.12.050 Damaged building restoration. A. The following changes or alterations may be made to a nonconforming building provided that such changes or alterations do not exceed fifty percent of its assessed valuation, excluding the value of the land, for tax purposes at such date unless such building or structure is changed to a conforming use. 1. Repairs may be made to a non-complying building or to a building housing a nonconforming use that has been officially declared unsafe to restore it to a safe condition. All structural alterations shall be made as required by law or as established by a health or safety official. No further expansion or change in use can be undertaken contrary to the provisions of this title unless a health or safety official, acting in his official capacity, requires such increase or expansion. Such expansions shall be limited to that which is required to comply with the minimum requirements. 2. Maintenance repairs may be made to a non-complying building to maintain an acceptable condition of a building. 3. Any structural alterations that would not increase the degree of nonconformance or which would change the use to a conforming use. B. If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may be rebuilt to conform to the provisions of this code except as follows: 1. In the case of partial destruction of a structure occupied by a nonconforming use not exceeding fifty percent of its replacement value, reconstruction may be permitted subject to the following standards: a. The size and function of the nonconforming use shall not be expanded; and b. Work on the restoration of the use must begin within twelve months of the time of the calamity. 2. A residential structure that is destroyed fifty percent or more of its replacement value and is nonconforming only because it does not meet the minimum required dwelling unit floor area, may be reconstructed subject to the following standards: a. The replacement residential structure may be the same size or it may be larger than the destroyed structure provided that the new structure conforms with all other requirements of the zone district; and b. The replacement residential structure conforms to all adopted building codes, including but not limited to: currently adopted city construction codes; c. All manufactured housing must comply with the requirements of this code. (Ord. 10-15, 2010) Ch. 17.12 General Provisions | Moab Municipal Code Page 4 of 8 The Moab Municipal Code is current through Ordinance 20-15, passed October 20, 2020. 17.12.060 Discontinuance or abandonment. A. Any nonconforming use that is discontinued for, or non-complying structure that remains vacant for a period of one year, shall be considered to have been abandoned. Any nonconforming use that is moved from the premises shall be considered to have been abandoned. 1. Whenever a nonconforming use or a conforming use in a nonconforming structure is abandoned, all nonconforming rights shall immediately cease and the use of the premises shall henceforth conform to this code. Abandonment shall involve the actual act of discontinuance, regardless of the intent of the user or owner to discontinue a nonconforming operation. 2. A nonconforming use shall not be transferred or moved from another location unless the use will be in conformance with the zoning regulations of the zone into which it is moved. 3. No accessory use to a primary nonconforming use may continue after the primary nonconforming use has been abandoned. (Ord. 10-15, 2010) 17.12.070 Change to another nonconforming use prohibited. A nonconforming use shall not be changed to another nonconforming use. (Ord. 10-15, 2010) 17.12.080 Nonconforming lots. A. General. A single-household dwelling and customary accessory buildings may be developed on a lot that fails to meet the minimum area and width dimensions for one-household dwellings as required by the underlying zone district and was an official “lot of record” prior to January 1, 1975, if: 1. The “lot of record” is in separate ownership or contiguous to lots in the same ownership; and 2. The proposed single-household dwelling can be located on the lot so that the yard, height, and other dimensional requirements of the underlying zone district can be met, or a variance is obtained from said dimensional requirements pursuant to Chapter 17.72 of this code. Dwellings are permitted in the zone. B. Undivided Lot. If two or more lots or combinations of contiguous lots in a single ownership (including husband and wife as, in all cases, a single owner) are of record since January 1, 1975, regardless of time of acquisition, on all or parts of the lots which do not meet the requirements established for lot width and area, the lots shall be considered an undivided parcel, and no portion shall be used or occupied which does not meet the width and area requirements of this code. Yard dimensions and other requirements not involving area or width Ch. 17.12 General Provisions | Moab Municipal Code Page 5 of 8 The Moab Municipal Code is current through Ordinance 20-15, passed October 20, 2020. shall conform to the regulations of the zone in which the lot is located, except when granted a variance by the hearing officer. C. Lot Reduction. 1. No lot or interest therein shall be transferred, conveyed, sold or subdivided so as to create a new nonconforming lot, to avoid, circumvent or subvert any provision of this code, or to leave remaining any lot in violation of the dimensional requirements of this code. 2. No lot or portion of a lot required as a building site under this code shall be used as a portion of a lot required as a site for another structure. 3. No building permit shall be issued for any lot or parcel of land which has been conveyed, sold, or subdivided in violation of this subsection. Any transferee who acquires a lot in violation of this subsection without knowledge of such violation, and any subsequent transferee, shall have the right pursuant to Utah law to rescind and/or receive damages from any transferor who violates the provisions of this paragraph. (Ord. 19-13 §§ 6, 7, 21 (part), 2019; Ord. 10-15, 2010) 17.12.090 Establishment, abandonment and miscellaneous requirements. A. A property owner shall have the burden of establishing the legal existence of a non-complying structure or a nonconforming use. B. The City or any party claiming a nonconforming use has been abandoned shall have the burden of establishing the abandonment. Abandonment shall be presumed to have occurred if: 1. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the City regarding an extension of the nonconforming use; 2. The nonconforming use has been discontinued for a minimum of one year; 3. The non-complying primary structure associated with the nonconforming use remains vacant for a period of one year; or 4. The nonconforming use has been replaced by a conforming use. C. The property owner may rebut the presumption of abandonment under subsection B of this section and shall have the burden of establishing that any claimed abandonment under subsection B of this section has not in fact occurred. (Ord. 10-15, 2010) Ch. 17.12 General Provisions | Moab Municipal Code Page 6 of 8 The Moab Municipal Code is current through Ordinance 20-15, passed October 20, 2020. 17.12.100 Owner-occupied mobile home. A. An owner-occupied mobile home constituting a non-complying building in its present location may be removed by the owner and replaced by a manufactured home within ninety days and so continue as a non-complying building, providing the manufactured home replacing the one formerly removed be located within the minimum setbacks as required by the zoning district for residential use in that zoning district, and providing it is a newer model and an improvement and manufactured after June 16, 1976, in accordance with the standards adopted pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 and stamped approved by HUD (S 54026) and contains the State Insignia of Approval. Mobile homes that have existed in the City prior to the adoption of the ordinance codified in this section may be moved to another mobile home park or subdivision within the City as long as minimum safety standards and applicable laws are met and approved by the City building official. (Ord. 10-15, 2010) 17.12.110 Prohibition of reconstruction or restoration of a non-complying structure. A. In accordance with UCA 10-9a-511(3), the City may, at its discretion, prohibit the reconstruction or restoration of a non-complying structure or termination of the nonconforming use of a structure if: 1. The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six months after written notice to the property owner that the structure is uninhabitable and that the non-complying structure or nonconforming use will be lost if the structure is not repaired or restored within six months; or 2. The property owner has voluntarily demolished a majority of the non-complying structure or the building that houses the nonconforming use. (Ord. 10-15, 2010) 17.12.120 Annexations. All land hereafter annexed to the City shall conform to the Utah State Local Boundary Commissions Act of 1979. (Prior code § 27-4-4) 17.12.170 Policy pertaining to flag-shaped or panhandle lots. Flag-shaped or panhandle lots shall be permitted in any subdivision where required by the configuration of land boundaries or terrain dictates such lot shape, but under no circumstances shall such lot shape be utilized as a standard or repetitious pattern in a subdivision. Ch. 17.12 General Provisions | Moab Municipal Code Page 7 of 8 The Moab Municipal Code is current through Ordinance 20-15, passed October 20, 2020. Flag-shaped or panhandle-shaped lots may be created in any residential zone if all of the following requirements are met: A. The lot has at least twenty feet of frontage on a dedicated public street, which frontage serves as access only to the subject lot or parcel; B. The handle portion of the lot is at least twenty feet in width, and not more than one hundred fifty feet in length; C. The lot meets the lot area and lot width requirements of the applicable zone. D. Setbacks for structures on a flag lot shall be those as applied to any other standard lot in the underlying zone. 1. Setback exception: Single-story dwellings constructed on flag lots may be constructed to within five feet of the side lot line adjacent to the pole side of the lot. (Ord. 18-06 (part), 2018: Ord. 10-79 (part), 1979: prior code § 27-4-7) 17.12.180 Height restrictions of buildings. A. No lot or parcel shall have a building or structure which exceeds a height of three stories and is to be no more than forty feet, measured as defined in Chapter 17.06. B. Antennas, chimneys, flues, vents, or similar structures may extend up to ten feet above the forty-foot height limit, except as may be specifically authorized by the building codes and building inspector for safety requirements and special conditions. In no case shall the parapet wall of a flat roof extend more than two feet above the maximum height limitation. C. Church spires, bell towers, and like architectural features may extend over the specified maximum height limit by up to fifty percent of the height limit, but shall not contain any habitable spaces above the forty-foot maximum height limit. (Ord. 19-13 § 8, 2019; Ord. 91-13, 1991) 1 Editor’s note: Ord. 10-15, adopted September 14, 2010, amended §§ 17.12.010--17.12.110 in their entirety to read as herein set out. Former §§ 17.12.010--17.12.110 pertained to similar subject matter, and derived from prior codes §§ 27-4-1--27-4-3; Ord. 06-01, 2006 and Ord. 10-06, adopted November 9, 2010. Sections 17.12.120, 17.12.170 and 17.12.180, were not amended by Ord. 10-15. The Moab Municipal Code is current through Ordinance 20-15, passed October 20, 2020. Ch. 17.12 General Provisions | Moab Municipal Code Page 8 of 8 The Moab Municipal Code is current through Ordinance 20-15, passed October 20, 2020. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company Moab City Council Agenda Item Meeting Date: January 12, 2021 Title: A letter from the Moab City Council in support of President-Elect Biden prioritizing an action to restore the Bears Ears National Monument to its original size as created by President Obama’s administration in Proclamation 9558 in 2016. Presenter: Councilmember Kalen Jones Attachment(s): • Proposed Letter Suggested Motion: “I move to authorize the Mayor to execute and send the proposed letter in support of President-Elect Biden using his presidential authority to restore Bears Ears National Monument to its original boundaries as created by President Obama in Proclamation 9558 in 2016.” Background/Summary: This letter is proposed for consideration and possible action for the Moab City Council to respectfully request that President-Elect Biden use his presidential authority once he is sworn into office to prioritize taking immediate action to restore the Bears Ears National Monument to its original size as directed in President Obama’s Proclamation 9558. When President Obama designated the Bears Ears National Monument in 2016, it was an historic act that recognized the voices of the Navajo, Hopi, Zuni, Ute Mountain and the Ute Indian Tribes – the five members of the Bears Ears Inter-Tribal Coalition – that were united in calling for the protection of this unique cultural landscape in southeastern Utah. On December 4, 2017, President Donald Trump reduced the size of the Monument by 85%. This reduction was done without the involvement of Coalition members and was in disregard of their cultural interests. City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Emily S. Niehaus Rani Derasary Mike Duncan Karen Guzman-Newton Kalen Jones Tawny Knuteson-Boyd Mayor: Council: January 12, 2021 Re: Bears Ears National Monument Dear President-Elect Biden, Utah’s Moab City Council respectfully requests your administration prioritize taking immediate action to restore the Bears Ears National Monument to its original size as directed in President Obama’s Proclamation 9558. When President Obama designated the Bears Ears National Monument in 2016, it was an historic act that recognized the voices of the Navajo, Hopi, Zuni, Ute Mountain and the Ute Indian Tribes – the five members of the Bears Ears Inter-Tribal Coalition – that were united in calling for the protection of this unique cultural landscape in southeastern Utah. This designation was the culmination of extensive public engagement and debate. The Bears Ears area had been proposed for protection by Congress, Interior Secretaries, state and tribal leaders, local conservationists, and other interested stakeholders for at least 80 years. Prior to the designation, Interior Secretary Sally Jewell spent considerable time in southeastern Utah with elected officials, tribal representatives, and others to survey the Bears Ears area by foot and vehicle. On July 16, 2016, Secretary Jewell held a public hearing on the Bears Ears National Monument in Bluff, Utah that was attended by close to 2,000 local residents and officials – a clear majority of who supported the monument. On December 4, 2017, President Donald Trump reduced the size of the Monument by 85%. This illegal reduction was done without the involvement of Coalition members and was in disregard of their cultural interests. The City of Moab is home to many for whom the monument lands have deep cultural significance, and who find solace and renewal in the quiet beauty of this area. Moab businesses depend on these lands being managed in a way that preserves their archaeological riches, natural beauty, recreational value, and ecological integrity. The Moab City Council supports immediate action to fully restore the Bears Ears National Monument as it was originally designated by President Obama. In addition, the Council urges your administration to take all necessary steps in managing the monument to ensure preservation of both the rich cultural history of Native Americans and the diverse array of natural and scientific resources that lie within the monument. Sincerely, Emily Niehaus, Mayor Moab City Council, approved on January 12, 2021 Moab City Council Agenda Item Meeting Date: January 12, 2021 Title: A letter from the Moab City Council in support of San Juan County Commission in its denial of the requested special event permit for the 2021 Rally on the Rocks tradeshow. Presenter: Councilmember Kalen Jones Attachment(s): • Proposed Letter Suggested Motion: “I move to authorize the Mayor to execute and send the proposed letter in support of the San Juan County Commission in its denial of a requested special event permit for the 2021 Rally on the Rocks tradeshow.” Background/Summary: This letter is proposed for consideration and possible action for the Moab City Council to show its support for the San Juan County Commission in its denial of the requested permit for the 2021 Rally on the Rocks tradeshow to be headquartered in San Juan County. The San Juan County Commission considered a special event permit request for the 2021 Rally on the Rocks tradeshow at its regular meeting on January 5, 2021. The County Commission denied the permit request by a vote of 2-1. The 2021 Rally on the Rocks tradeshow was urging the San Juan County Commission to lease the old airstrip in Spanish Valley for the ROTR tradeshow. Such a lease would have effectively cancelled out the Grand County Commission’s denial of the event. City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Emily S. Niehaus Rani Derasary Mike Duncan Karen Guzman-Newton Kalen Jones Tawny Knuteson-Boyd Mayor: Council: January 12, 2021 Dear San Juan County Board of Commissioners Maryboy, Greyeyes and Adams, The Moab City Council would like to extend our sincere gratitude for your vote on Tuesday, January 5, to deny the lease of the old Spanish Valley airstrip for the 2021 Rally on the Rocks (ROTR) trade show. We applaud your leadership in protecting the health, safety, and quality of life of not only San Juan County residents, but also of Moab City and Grand County residents. The Moab City Council fully supports the Grand County Commission’s recent decision to deny the 2021 ROTR trade show special permit application. Moab residents have been writing to the City Council to express concerns about this event since at least 2016 when several of us first joined the Council. ROTR garners the most negative comments of all special events in our community. We were concerned when we learned that the ROTR organizer was urging the San Juan County Commission to lease the old airstrip in Spanish Valley for the ROTR tradeshow. Such a lease would have effectively cancelled out the Grand County Commission’s denial of the event. It would have resulted in significant noise and disruptions to Moab residents and neighborhoods that the Grand County Commission’s denial had tried to avoid. Your decision to deny this lease is being widely celebrated by Moab City residents. Thank you. As Spanish Valley is governed by three separate entities, the Moab City Council is looking forward to collaborating with both the San Juan County Commission and the Grand County Commission to tackle issues that span our respective geopolitical boundaries. We all share the same drinking water aquifer and dark night skies; our residential neighborhoods and commercial developments overlap with each other. We suspect that we also share the priority of protecting and enhancing the quality of life of all of the residents of the Valley. By communicating and working together more in future, we are confident that as members of the San Juan and Grand County Commissions and Moab City Council we can all gain broader perspectives that guide us to make decisions that support each other and benefit all residents of the greater Spanish Valley area. Thank you again. We look forward to working with you in the future, and welcome any suggestions you may have on increasing communication between our government bodies. Sincerely, Emily Niehaus, Mayor Moab City Council, approved January 12, 2021 cc: Grand County Commission Moab City Council Agenda Item Meeting Date: January 12, 2021 Title: Community Board and Commission Liaison Designations Date Submitted: January 7, 2021 Staff Presenter: Joel Linares Attachment(s): Resolution No. 01-2021 memorializing community board and organization liaison designations Recommended Motion: I move to approve Resolution No. 01-2021 memorializing the list of designated liaisons for selected boards and organizations. Background/Summary: The Moab City Mayor and Councilmembers will discuss how to best engage in effective communication with and provide representation to various community boards and organizations. The proposed resolution memorializes that discussion and adopts the attached list of designees (Attachment A) for selected boards and organizations for the calendar year 2021. CITY OF MOAB RESOLUTION NO. 01-2021 A RESOLUTION MEMORIALIZING THE DESIGNATION OF COUNCILMEMBERS AND STAFF AS LIAISONS TO VARIOUS COMMUNITY BOARDS AND ORGANIZATIONS The following describes the intent and purpose of this resolution: A. On January 12, 2021, the Moab City Mayor and Councilmembers (“Council”) discussed how to best engage in effective communication with and provide representation to various community boards and organizations; and B. Based on that discussion, the Council memorializes the attached list of designees (Attachment A) for the calendar year 2021. The foregoing resolution is approved and adopted by action of the Moab City Council, as set forth below. This resolution shall take effect immediately. ______________________________ ______________ Mayor Emily S. Niehaus Date Attest: ______________________________ ______________ Sommar Johnson, Recorder Date Attachment A Designated Liaisons for Selected Boards and Organizations Organization Designee Alternate Grand County Airport Board Karen Guzman-Newton Grand County Recreation Special Service District Pat Trim Carly Castle Grand County Solid Waste Special Service District Kalen Jones Grand Water & Sewer Service Agency Mike Duncan Moab Mosquito Abatement District Chace Gholson Moab Area Travel Council Advisory Board Kalen Jones Karen Guzman- Newton Southeastern Utah Association of Local Government Mayor Niehaus Joel Linares Utah League of Cities and Towns Board Mayor Niehaus Joel Linares Canyonlands Health Care Special Service District Tawny Knuteson-Boyd Rani Derasary Moab Chamber of Commerce Board Karen Guzman-Newton ULCT Legislative Policy Committee Rani Derasary, Carly Castle, Joel Linares Trail Mix Cory Shurtleff Rani Derasary Moab Area Watershed Partnership Mike Duncan Kalen Jones Grand Homeless Coordinating Committee Mike Duncan Mayor Niehaus Moab Area Housing Task Force Kalen Jones Rani Derasary USU Dean's Council Mike Duncan Mayor Niehaus Utah Water Quality Board Mayor Niehaus Mike Duncan Housing Authority of Southeastern Utah Tawny Knuteson-Boyd Governor’s Rural Partnership Board Mayor Niehaus Grand County School District Board of Education Liaison Karen Guzman-Newton Mayor Niehaus Moab Tailings Project Steering Committee Rani Derasary UMTRA Funding Subcommittee Rani Derasary Moab City Water Conservation & Drought Management Advisory Board Mike Duncan Mill Creek Community Collaborative Mayor Niehaus Karen Guzman- Newton Key Leader Board Grand School District Karen Guzman-Newton Mayor Niehaus CAST Grand & San Juan County System of Care Resource Advisory Committee Rani Derasary SE Utah Riparian Partnership Rani Derasary Transit Authority Board Karen Guzman-Newton Kalen Jones