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
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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
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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.
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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
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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");
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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-
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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
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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