HomeMy Public PortalAboutMIN-CC-2021-04-27MOAB CITY COUNCIL MINUTES
REGULAR MEETING
April 27, 2021
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 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. An audio
recording of the meeting is archived at http://www.utah.gov/pmn/index.html.
Pre-Council Workshop:
Mayor Emily Niehaus called the Pre-Council Workshop regarding a proposed noise control
ordinance to order at 6:03 p.m. Participating were Councilmembers Karen Guzman-Newton,
Tawny Knuteson-Boyd, Rani Derasary, Mike Duncan and Kalen Jones. City staff participating
were Manager Joel Linares, Assistant Manager Carly Castle, Attorney Laurie Simonson and
Recorder Sommar Johnson. A video recording is archived at
https://www.youtube.com/watch?v=S3jFYkOxEeo.
Attorney Simonson introduced guest Les Blomberg and explained some proposed edits to the
noise ordinance. She also described some particulars of the ordinance recently enacted by Grand
County, including differences and similarities to the proposed City ordinance. Simonson
presented facts about Environmental Protection Agency (EPA) stickers regarding motorcycles
and described certain misinformation that Councilmembers had received as feedback from
constituents and business owners. She explained there is only one stock vehicle on the market
that won’t pass the noise threshold as proposed. She also noted a citizen petition with more than
3,500 signatures requesting Council to adopt a noise ordinance with decibel A (dBA) levels set
as low as possible. Discussion ensued regarding stationary versus pass-by tests, exemptions for
special events, and how the City’s proposed noise-restricted hours coincide with the
recently-approved County hours. Councilmember Guzman-Newton asked for clarification
regarding proposed construction and maintenance noise rules, general noise, and vehicular
noise. Construction noise hours were proposed as 7:00 a.m. to 6:00 p.m., and Councilmember
Knuteson-Boyd suggested Saturday hours from 8:00 a.m.to 6:00 p.m. Councilmember
Derasary added a stipulation for Sunday at 9:00 a.m.to 6:00 p.m. Derasary also proposed
vehicular noise restricted hours as 8:00 p.m. to 7:00 a.m. and Councilmember Jones concurred.
Mayor Niehaus closed the Pre-Council Workshop at 7:00 p.m.
Regular Meeting Call to Order and Attendance:Mayor Niehaus called the Regular City
Council Meeting to order at 7:07 p.m. Participating were Councilmembers Guzman-Newton,
Knuteson-Boyd, Derasary, Duncan and Jones. City staff participating were Manager Linares,
Assistant Manager Castle, Attorney Simonson, Recorder Johnson, Police Chief Bret Edge,
Engineer Chuck Williams, Finance Director Ben Billingsley and Communication Director Lisa
Church. A video recording is archived at https://www.youtube.com/watch?v=U55cyC11AJA.
Citizens to be Heard:Recorder Johnson stated there were 16 written comments which are
archived at https://moabcity.org/151/City-Council.
Trish Hawkins spoke about the proposed noise ordinance.She requested the lowest possible
dBA and noted that the proposed level is too high.She stated the inconvenience to Utility
Terrain Vehicle (UTV) operators is nothing compared to the inconvenience to residents.
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April 27, 2021
Kent Green stated he is a UTV business owner and he hoped Council would vote on a reasonable
noise level. He stated the UTV lobby was asking for a limit of 96 dBA. He suggested that if the
State determines the noise level, Councilmembers will not like it. He mentioned that there is not
enough parking for trailered vehicles, the new speed limit appears to be working at reducing
noise and pointed out to Council that altered mufflers are not legal.
Randall Fox stated he is an E-bike advocate. He said a 15 miles per hour speed limit is common
in municipalities. He suggested Class 2 E-bikes could be allowed on pathways.
Pete Gross made a tongue-in-cheek suggestion that keeping noise levels in Moab very high could
solve affordable housing problems because residents would flood the market with homes for sale
as they flee to find a quieter place to live, thereby reducing home prices to an affordable level.
Mike Vallantine spoke in support of E-bikes. He stated that Class 3 E-bikes should be ruled out
and Class-1 pedal-assist bikes are good. He stated that Class 2 E-bikes could perhaps be allowed.
Clif Koontz of Ride with Respect referred to a ten-page letter he sent to Council. He asked that
perfect not be the enemy of the good. He said a group known as American Motorcyclists
submitted 330 letters to County Commission and City Council.
Administrative Reports:
Communication Director Church presented public information efforts to educate the public
regarding burning restrictions and fireworks regulations.She fielded a question from
Councilmember Derasary regarding outdoor charcoal smokers and Councilmember Derasary
also raised a concern regarding the City and Council role regarding protection of the City’s
watershed from fire and official response to a catastrophic fire in the watershed. Church
concluded by noting the City’s webpage has links to fire restrictions as well as UTVs on City
streets.
Finance Director Billingsley presented his Citizen’s Guide to the City’s budget.
City Manager Linares said the new Parks, Recreation and Trails Director would start in June
and he noted that more than 50 percent of Moab adults had been vaccinated against COVID-19.
He mentioned Grand County was in a state of High Transmission and brought up the mask
mandate in place until mid-June. Mayor Niehaus asked for Council feedback regarding
resuming in-person meetings. Discussion followed about case count progress, the example the
Council sets, and the likelihood that the high positive COVID rate is due to visitors. Grand
County’s relatively low vaccination rate, when compared to Carbon and Emery Counties, was
mentioned. It was determined there would be at least one more virtual meeting of the Council.
Mayor and Council Reports:
Mayor Niehaus reported on a mid-year board meeting of the Utah League of Cities and Towns
(ULCT), at which she attended the women’s luncheon with Councilmember Knuteson-Boyd and
also participated in a panel discussion regarding communicating with state legislators. She
mentioned a keynote address on Leading with Love.She remarked on a meeting of the rural
resort hub caucus, which seeks to find legislative commonalities and she noted her involvement
with Students of the Month and the upcoming soft-launch of the Moab app. She concluded with
recognition of Mike Huts, who retired after 22 years with the City.
Councilmember Derasary reported on her participation in the quarterly Uranium Mill Tailings
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Remedial Action (UMTRA) Moab Tailings Project Steering Committee meeting. She said the
project was on track to move one million tons of tailings this year. She noted the train had added
cars to haul additional material and the site had experienced more than 1,700 days without a
lost-time accident. She touched on site covering methods,bids for closing the site and local
collaboration regarding native revegetation of the site.
Councilmember Duncan reported on a meeting with Engineer Williams, consultant Ken Kolm
and Regional Engineer Mark Stilson from the Utah Division of Water Rights at which
reconciling different estimates of safe yield was discussed. He mentioned that over-commitment
to subdivisions regarding water supply had more grave consequences than a recent example of
over-allocation of water in Iron County. Councilmember Duncan also presented his portable
noise sensor. He stated it could assist with measuring the effectiveness of the noise ordinance
and how noise levels may change. He stated he was in search of a manufacturer. He concluded
with a mention that Sam Cunningham is chair of the Castlelands Resource Conservation and
Development Council.
Councilmember Knuteson-Boyd reported on the Housing Authority and stated facilities are 100
percent full with extensive wait-lists. She reported on Wingate Village and Arroyo Crossing
progress and noted the Housing Authority of Southeast Utah had assumed oversight of the
high-density housing ordinance. She mentioned the museum would have a soft opening in June.
She concluded with a mention of the ULCT keynote by Dr. Brooks who opined that we can hold
different opinions and still be friends.
Councilmember Guzman-Newton disclosed she had missed the last meeting due to a death in
her family.
Councilmember Jones mentioned the ULCT midyear meeting.He stated his interest in engaging
all stakeholders and his interest in exploring future scenarios and a range of future options
rather than dwelling on the past. He spoke about the importance of defining the core values of
the community and then consistently communicating those values. He concluded with a
mention of the ongoing details regarding merging the operations of Monument Waste with the
Solid Waste Special Service District.
Approval of Minutes:
Motion and Vote:Councilmember Duncan moved to approve the minutes for the April 13,
2021, Regular Meeting and the April 20, 2021 Special Meeting. Councilmember Jones seconded
the motion. The motion passed 5-0 with Councilmembers Derasary, Jones, Guzman-Newton,
Knuteson-Boyd and Duncan voting aye.
Old Business:
Noise Control Ordinance—Approved
Motion:Councilmember Duncan moved to approve Proposed Ordinance 2021-07: An
Ordinance Repealing and Replacing Moab Municipal Code Chapter 8, adopting Option 3 to
match the County’s hours including seasonal adjustments and construction noise. There was no
second so the motion failed.
Motion:Councilmember Knuteson-Boyd moved to approve Proposed Ordinance 2021-07: An
Ordinance Repealing and Replacing Moab Municipal Code Chapter 8, with amendments
specifying allowable construction and maintenance noise hours from 7:00 a.m. to 6:00 p.m.
Monday to Friday, 8:00 a.m. to 6:00 p.m. Saturday and 9:00 a.m. to 6:00 p.m. Sunday; to
curtail general noise from 10:00 p.m. to 7:00 a.m.Monday to Saturday and 10:00 p.m. to 9:00
a.m. Sunday and to restrict vehicular noise from 10:00 p.m. to 7:00 a.m. seven days per week,
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with exemptions for permitted special events. There was no second so the motion failed.
Motion:Councilmember Derasary moved to approve Proposed Ordinance 2021-07: An
Ordinance Repealing and Replacing Moab Municipal Code Chapter 8, with amendments setting
allowable construction and maintenance noise hours from 7:00 a.m. to 6:00 p.m. Monday to
Friday, 8:00 a.m. to 6:00 p.m. Saturday and 9:00 a.m.to 6:00 p.m. Sunday; to curtail general
noise from 10:00 p.m. to 7:00 a.m. Monday to Saturday and 10:00 p.m. to 9:00 a.m. Sunday
and to restrict vehicular noise dBAs from 8:00 p.m.to 7:00 a.m. seven days per week
year-round, with exemptions for permitted special events. Councilmember Knuteson-Boyd
seconded the motion.
Discussion:Councilmember Guzman-Newton clarified that the vehicular noise limit was 92
dBA and during restricted hours the limit was 85 dBA.It was explained that only one Kawasaki
model on the market does not meet the limitations.Mayor Niehaus wanted UTV advocates to
understand the City is not eliminating UTVs but rather is setting limits. Councilmember
Knuteson-Boyd stated the ordinance is not perfect but it shows the City worked for a long time
in good faith showing the legislature that the City is exercising its authority, as requested by
legislators. She mentioned recent vandalism to local public art, the closure and vandalism of the
wetlands preserve, and vandalism to archaeological sites that all demonstrate visitors are not
respecting our community. She stated the Council works for its constituents not outsiders, and
she welcomed visitors, yet asked visitors to respect our residents and town. Councilmember
Jones stated he has been involved in efforts to ameliorate noise pollution since he joined the
Council. He said education and outreach programs were attempted, and yet not enough progress
had taken place. He said this next step is important but is very much a compromise. He stated it
was a good first step. Mayor Niehaus reminded listeners that City Council has legislated speed
limits and now noise, and has not limited rental fleet sizes nor business licenses.
Councilmember Derasary brought up the common complaint from constituents regarding loud
parties and was concerned about sufficient protection in the proposed ordinance, which
exempted the unamplified human voice. After discussion,Councilmember Derasary amended
her motion to eliminate the exemption for unamplified human voices during general noise
restricted hours.
Also discussed were concerns about domestic animals as a cause of repeated loud noises,
exemptions for golf course maintenance, and limiting idling vehicles to five minutes. Attorney
Simonson clarified that this proposed noise ordinance would supersede the existing
twenty-minute idling ordinance to a new limit of five minutes for idling vehicles.
Councilmember Derasary brought up a question regarding requirements for public hearings and
legislative versus administrative decisions. Councilmember Guzman-Newton also brought up
barking dogs and ice cream trucks. It was suggested that, in order to comply with the new
ordinance, ice cream truck vendors could turn down the volume or apply for an exception.
Vote:The motion passed 4-1 aye with Councilmembers Jones, Derasary, Knuteson-Boyd and
Guzman-Newton voting aye and Councilmember Duncan voting nay.
Alternative Voting Methods Pilot Project—Approved
Motion:Councilmember Jones moved to adopt Resolution 20-2021: A Resolution Requesting
Inclusion of the City of Moab, Utah in the Municipal Alternative Voting Methods Pilot
Project, and, to direct staff to clarify in the Interlocal Agreement (ILA) and Scope of Work with
Utah County that Utah County will receive mailed ballots directly and verify signatures and
input into VISTA daily Monday to Friday, and Moab City will operate ballot boxes until Utah
County has onsite staff, and will overnight ship ballots to Utah County for processing each
Tuesday and Thursday. Councilmember Derasary seconded the motion.
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Discussion:Recorder Johnson explained it would cost $6,750 for Utah County to administer
the election and approximately $15,000 for Grand County to administer the election if there was
no primary; she stated it would cost more if there was a primary. She clarified that the
Lieutenant Governor has deemed this program a pilot program only, and fifteen cities have
already opted in. She explained that, if approved,the filing deadline would be approximately
August 10 through 17, 2021.
Vote:The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Duncan and Guzman-Newton voting aye.
New Business:
Consent Agenda—Approved
Motion and Vote:Councilmember Knuteson-Boyd moved to approve the consent agenda.
Councilmember Jones seconded the motion. The motion passed 5-0 aye with Councilmembers
Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye.
COVID-19 Emergency Proclamation: Proposed Resolution 18-2021 consents to A
Resolution Continuing and/or Renewing the Local Emergency Proclamation due to the
Economic Impact of Covid-19 Novel Coronavirus on the City of Moab.
Adoption of Tentative Budget:Proposed Resolution 19-2021 consents to A
Resolution by the Moab City Council to Adopt the City of Moab Tentative Budget for
Fiscal Year 2021-2022 and Setting a Public Hearing for Review of the Final Budget on
May 11, 2021, at 7:00 PM.
Special Event and Street Performer Permits:Proposed Ordinance 2021-10
consents to A Text Amendment to Moab Municipal Code Title 4 "Special Event and
Street Performer Permits" Creating 4.21.010 and a Text Amendment to Moab Municipal
Code Section 12.20.040.
Transit Service Alternatives—Tabled
Presentation: Jon Nepsted and Jeff Sanders from the Utah Department of Transportation
(UDOT) and Jason Miller from the consulting firm of Fehr and Peers joined the meeting to
present and discuss UDOT’s Proposed Moab Transit Service Alternatives. Councilmember
Guzman-Newton asked for a brief overview of the three options and requested updated traffic
counts. Miller presented the options and associated costs. Mayor Niehaus and Councilmember
Duncan also asked questions about proposed routes and the range of service. It was explained
the program would involve a third-party vendor providing a “turnkey” service, so employees
would not be hired by the City. Shuttles that stop at hotels, “flag stops,” the need for crosswalks
and vehicles with bike carriers were all discussed.Councilmember Jones asked about eligibility
for federal grants and he contemplated whether there would be competition with taxi services.
Mr. Sanders pointed out that Option 1 has the potential to reduce congestion, which is the
intention of the Hotspot funding program.
Motion:Councilmember Jones moved to table recommendation of an alternative to the
Transportation Commission. Councilmember Guzman-Newton seconded the motion.
Vote:The motion to table passed 5-0 aye with Councilmembers Jones, Derasary,
Knuteson-Boyd, Duncan and Guzman-Newton voting aye.
Definitions of Motorized Vehicles and E-bikes—Tabled
Motion:Councilmember Knuteson-Boyd moved to table Ordinance No. 2021-09 - Text
Amendments to Moab Municipal Code §12.20.005 Modifying the Definition of Motorized
Vehicle and Adding a Definition for E-Bikes. Councilmember Derasary seconded the motion.
Vote:The motion to table passed 5-0 aye with Councilmembers Jones, Derasary,
Knuteson-Boyd, Duncan and Guzman-Newton voting aye.
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Bird Scooter Pilot Program—Tabled
Presentation:Mike Butler from Bird Scooters briefly presented a proposal for a 75-vehicle
pilot program and a temporary operating agreement.Mr. Butler presented information about
the dockless electric scooters and explained how the scooters could be rendered inoperable if a
rider attempted to take it on or near Main Street.He stated the company would work with a
local operator to provide the service.
Motion:Councilmember Derasary moved to table the discussion and possible action regarding
a temporary operating agreement with Bird Scooters.Councilmember Knuteson-Boyd seconded
the motion.
Vote:The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Duncan and Guzman-Newton voting aye.
Capital Improvement Project List—Approved
Motion:Councilmember Knuteson-Boyd moved to approve Proposed Resolution #21-2021 –
Adopting the 2021-2025 Capital Improvement Project List. Councilmember Duncan seconded
the motion.
Discussion:Councilmember Guzman-Newton asked if urgent yet lower cost projects could be
moved up in the priority list. Engineer Williams explained that certain projects including the
Birch Avenue and 200 South sewer projects were higher in priority within their respective
funds. Williams was asked if the City had shovel-ready projects that might qualify for the
infrastructure bill currently being considered by Congress. He stated he did have two projects
that would qualify.
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 $235,480.04. Councilmember Derasary 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.
Adjournment:Councilmember Knuteson-Boyd moved to adjourn the meeting.
Councilmember Duncan seconded the motion. The motion passed unanimously and Mayor
Niehaus adjourned the meeting at 10:20 p.m.
APPROVED: __________________ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder
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