HomeMy Public PortalAboutMIN-CC-2021-01-26
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January 26, 2021
MOAB CITY COUNCIL MINUTES
REGULAR MEETING
January 26, 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.
Call to Order and Attendance: Mayor Niehaus called the Regular City Council Meeting to
order at 7:04 p.m. Participating remotely were Councilmembers Karen Guzman-Newton, Tawny
Knuteson-Boyd, Rani Derasary, Mike Duncan and Kalen Jones. City staff participating remotely
were Manager Joel Linares, Assistant Manager Carly Castle, Attorney Laurie Simonson,
Recorder Sommar Johnson, Police Chief Bret Edge, Planner Nora Shepard, Public Works
Director Levi Jones, Engineer Chuck Williams and Communication Director Lisa Church. A
video recording is archived at https://www.youtube.com/watch?v=YgPBftk31Yw.
Citizens to be Heard: Written comments may be viewed at https://moabcity.org/151/City-
Council.
Sara Melnicoff shared that she received a citizen service award from the police department. She
praised the police department for work on a record number of assists in 2020. She discussed the
expenditures of her group on persons who requested assistance. She thanked Chief Edge and the
department for their help.
Chloe Hedden spoke in response to a recent demand letter from a pro-Utility Side-By-Side
Vehicle (UTV) group in Utah to the County. She stated her belief that the group made it clear
they will stop at nothing to assert their “right” to destroy the peaceful environment of our homes
and neighborhoods. She said that, in taking a litigious stance against the County, the pro-UTV
groups in Utah have been clear with their intention to subordinate the needs of the local
community. She encouraged City Council to stand united in strength as a community to
unequivocally assert rights to the peaceful enjoyment of our homes and neighborhoods. She said
loud recreation is a privilege, not a right and that privilege has been squandered. With regard to
the UTV rental businesses and guide outfits, she said we all know the noise problem is out of
control in Moab and needs immediate attention. She stated she supports the City Council’s
temporary moratorium on new UTV rental businesses and events. She said residents are being
severely impacted and City Council needs to respond with bold action on all available fronts.
Pete Gross commented on excessive noise and denoted the moratorium. He referred to the Blue
Ribbon Coalition letter to the Council and found it absurd the assertion that UTV noise
constitutes protected speech under the First Amendment. Mr. Gross encouraged Council to
strengthen and enforce the noise ordinance. He took issue with assertions made in the letter
regarding noise measurement standards and commended Councilmember Duncan’s decibel-
measuring methodology. He expressed his belief that enforcement would not be as onerous or
difficult as we have been led to believe. He indicated he did not know about the legal
ramifications of enforcement, but from a physics perspective, the measurement of noise is
unambiguous. He concluded by thanking Council for all efforts to mitigate noise.
Dan Kent expressed his appreciation for the direction of the City to mitigate noise and control
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January 26, 2021
All-Terrain Vehicles (ATVs). He said it was absolutely vital to keeping the character of the town
the way it is. He concluded by saying we have been overrun in the last couple of years and we’ve
got to do something now and [Council is] doing it. He said he wanted to provide extra ballast in
case the City wants to take on potential legal threats from the Blue Ribbon Coalition and others
and he said he hopes the City has a lot of backing from the people in town and environmental
groups across the nation that realize Moab is a proving ground for just this kind of abuse.
Administrative Reports: 13:11 - 45:24
Mayor Niehaus reported that citizens can call the Southeast Utah Health Department (SEUHD)
with questions about vaccination. She said that all available appointments were booked within
eight minutes. She said she was grateful to the Health Department and Moab Regional Hospital.
City Manager Linares said vaccinations are currently for healthcare workers, first responders,
educators and persons over 70 years of age. He added there were currently 97 active local cases.
He also commended the Road Department for work during and after recent snow storms.
Linares stated the annual budget process is underway. He also noted the land use code rewrite is
a priority for the year. He reiterated the mask order is still in effect. He announced that Levi
Jones is recognized as the Supervisor of the Year and Chace Gholson is employee of the year. He
concluded by announcing revenues are 145 percent of last year.
Police Chief Edge reported on an ongoing review of the Use of Force policy. He described a
demonstration of a virtual reality Use of Force training module and indicated the cost is
$26,000 and the police department seeks grants to fund its purchase. Edge noted Police
Department Office Manager Kelli Day is actively seeking grants for canine support and radar
units. Edge thanked Councilmember Derasary for the cards she sent to the recent police
department recipients of awards given locally and also from the National Association for the
Advancement of Colored People (NAACP). Councilmember Duncan brought up pending
legislation regarding carrying concealed weapons without a permit.
Communication Manager Church and Recorder Johnson reported on the Buy Local Bucks
program funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. They
indicated that all available funds had been expended as of that day. Church said all businesses
participating in the program had been notified that the program was ending. She commended
Recorder Johnson and Deputy Recorder Kerri Kirk for their hard work on what she noted was a
hugely successful program. Councilmember Knuteson-Boyd noted that most of the funds had
been redeemed at grocery stores. City Manager Linares thanked Pat Trim and his staff for their
work notifying businesses. Recorder Johnson agreed to make a list of where coupons had been
redeemed available for public review. Linares also noted there was no evidence of residents
cheating by asking for extra coupons.
Church reported on the organizational grant program and said applications were due by the end
of the week. She stated the City had received 11 applications to date. Mayor and Council asked
about eligibility and grant amounts. Church announced staff members deliberating the requests.
Mayor and Council Reports: 45:29 - 1:16:07
Mayor Niehaus reported she met with members of a UTV group who spoke of the overwhelming
support for a new UTV speed limit, which they felt was effective. She brought up legal concerns
expressed by Rally on the Rocks organizers. She mentioned she had met with Ben Burr of the
Blue Ribbon Coalition in the past year, who made suggestions and offered ideas; Mayor Niehaus
lamented that those same ideas are now the subject of pushback when the City acted to
implement them. She stated that compromise is needed. She noted a planned pow wow in
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January 26, 2021
September organized by the Salt Lake Air Protectors and suggested it could be healing for the
community. Mayor Niehaus reported she met with the state director of the Bureau of Land
Management (BLM) and indicated they had a frank conversation about UTVs. She concluded
with a brief overview of work regarding the ongoing legislative session.
Councilmember Derasary reported the Moab uranium tailings removal project is at the 70
percent mark. She said she met with the System of Care group which assists families of children
with behavioral and emotional issues. She reported on the recent meeting of the Emergency
Medical Services Special Service District board, and said there were 52 incidents as of January
19. She said COVID vaccinations for staff were ongoing. She also mentioned her work regarding
the ongoing legislative session. Mayor Niehaus asked about the future plans for the tailings site
and Councilmember Derasary indicated another draft of the plan would be prepared in 2023
and current information is available at www.grandcountyutah.net/257/Moab-UMTRA-Project.
Councilmember Duncan reported two positions are open on the City’s Water Conservation and
Drought Management Advisory Board. He noted that Mark Stilson, the Regional Engineer for
the Utah Department of Water Rights, is concerned about a brine layer in the aquifer. He said
private wells could be affected. Duncan commented on his home experiments measuring sound
with a handheld meter. He also noted there is now a water shortage issue with the Grand Water
and Sewer Service Agency, the County’s water provider. He said it was due to the low snow pack
and said the County might request new water rights.
Councilmember Knuteson-Boyd reported on a recent meeting of the Canyonlands Care Center
board. She said that although several employees had tested COVID positive, no patients have
contracted the virus. She commended the staff and noted nurses vaccinated the entire patient
population as well as staff in one hour. She said the Care Center was celebrating its tenth
anniversary and also stated that workman’s compensation claims went down. She spoke about a
Housing Authority meeting she attended and announced there would be small cottages as a
living option in the upcoming Arroyo Crossing development. She noted the Moab Area Project
for Seniors (MAPS), the Virginian Apartments and Cinema Court are all full with waitlists. She
reported the Museum Board is working on goals for the year.
Councilmember Guzman-Newton reported she had to attend to a family emergency and did not
attend many meetings in the past weeks. She brought up the Community Development Block
Grants that were currently available for local entities.
Councilmember Jones reported on his work regarding the current legislative session. He also
conveyed that at a Solid Waste Special Service District meeting, statistics were presented that
indicate waste production is on par with local revenues, indicating the community is not making
progress toward zero waste. He brought up the potential for sponsorships for the Canyonlands
Recycling Center. Councilmember Duncan asked about statistics regarding the City’s single-
stream program and City Manager Linares stated he could get information from the Treasurer.
Presentations:
Amanda Knill, Community Coordinator for Grand County School District, updated Council on
new administrators and school board members. She said the new middle school will be named
for the late Margaret Hopkin and April 5 is the date for the grand opening. Knill presented
statistics on students and staff as well as meals served to students. She said that all staff were
offered vaccines and 80 percent had received shots. Councilmember Guzman-Newton asked
about student numbers in view of the pandemic and Knill indicated enrollment was down by 70
students. Free and reduced lunch statistics were discussed.
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January 26, 2021
Dr. Ros McCann of the Utah State University Extension spoke about water issues and
opportunities. She explained the region is experiencing a water crisis and a climate-caused
hotspot. She noted Colorado River flow had declined 20 percent in the last century. She
mentioned rainwater harvesting as an opportunity for water conservation and mentioned recent
legislative changes regarding the practice.
Approval of Minutes:
Motion and Vote: Councilmember Duncan moved to approve the minutes for the January 12,
2021, Regular Meeting. Councilmember Jones seconded the motion. The motion passed 5-0
with Councilmembers Derasary, Jones, Guzman-Newton, Knuteson-Boyd, and Duncan voting
aye in a roll call vote.
Proclamation of Moab City Law Enforcement Appreciation Day
Mayor Niehaus read a proclamation signifying January 27, 2021 as Moab City Law Enforcement
Appreciation Day.
Old Business:
Proposed Ordinance 2021-02 relating to All-Terrain Vehicles—Tabled
Presentation: Planner Shepard presented progress on a temporary moratorium on All Terrain
Vehicle (ATV) businesses. Discussion with Council ensued, focused mainly on the question of
expansion of fleets and scope of existing businesses. Shepard stated there was little concern
about an existing business improving properties but the expansion of fleets needed clarification.
Attorney Simonson explained options to the Council.
Motion: Councilmember Duncan moved to adopt Ordinance 2021-02 enacting a temporary
land use regulation prohibiting, for a period of 180 days, the development and expansion of new
vehicle sales, rentals or leasing, commercial outdoor recreational uses, commercial and
recreational tour companies, outfitters, and guide services as they pertain to All Terrain Vehicles
(ATVs) as defined by Utah State Code §§ 41- 6a-102 and 41-22-2. Councilmember Jones
seconded the motion.
Discussion: Discussion about solving noise problems was heard, and Councilmember
Knuteson-Boyd stated the version as presented would not meet noise abatement objectives nor
discourage the bad behavior exhibited by ATV owners. Councilmember Guzman-Newton stated
she doesn’t want to micromanage existing businesses and agrees that noise is an issue. She
added it was justifiable to curtail new businesses, and Councilmember Knuteson-Boyd
concurred. Councilmember Jones suggested that if there were expansions to existing fleets, new
vehicles must be trailered to trailheads. He pointed out this use constitutes an industrial use in
residential areas. Councilmember Duncan stated he preferred the version presented in the
packet and suggested it might be effective to require that all businesses apply specific noise
standards. Mayor Niehaus indicated that data from Sand Flats suggests the majority of ATVs at
the booth are rentals or tours. Councilmember Guzman-Newton expressed her opinion that the
majority of ATVs are privately owned. Councilmember Duncan withdrew his motion.
New Motion: Councilmember Derasary moved to approve the version of proposed Ordinance
2021-02 as presented in the Council Packet. Councilmember Jones seconded the motion.
Vote: The motion failed with Councilmembers Duncan, Guzman-Newton and Knuteson-Boyd
voting nay and Councilmembers Jones and Derasary voting aye.
Motion to Table: Councilmember Guzman-Newton moved to table the redlined version of
proposed Ordinance 2021-02 until the next regular meeting of the Council. 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.
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January 26, 2021
New Business:
Water Meter Purchase—Approved
Motion: Councilmember Knuteson-Boyd moved to award the 2020/2021 Water Meter
Purchase to Meterworks Incorporated in an amount not to exceed $140,000. Councilmember
Derasary seconded the motion.
Discussion: Public Works Director Jones answered questions from Council about the
proposed product and the economy of switching to another brand at this time.
Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Duncan and Guzman-Newton voting aye.
Culinary Water Resources Policy and Conservation Measures—Approved
Presentation: Assistant Manager Castle, along with Engineer Williams, briefly presented the
project of drafting water conservation ordinances. Mayor Niehaus indicated a future workshop
was desired. Councilmember Knuteson-Boyd asked questions about violation fines and
Councilmember Duncan asked about what happens if everyone waters in the evening. Williams
stated he would develop demand models. Councilmember Guzman-Newton mentioned the
possibility of grants for smart meters for residents.
Motion: Councilmember Jones moved to direct staff to develop a Draft Water Shortage
Contingency Ordinance and a corresponding Water Shortage Contingency Plan, and Time-of-
Day/Day-of-the-Week Water Resource Management Ordinance. Councilmember Duncan
seconded the motion.
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 $183,200.55. Councilmember Jones 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.
Executive (Closed) Session:
Motion and Vote: Councilmember Knuteson-Boyd moved to enter an executive closed session
to discuss strategy regarding reasonably imminent and/or pending litigation. Councilmember
Guzman-Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones,
Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Mayor Niehaus opened the
Executive Session at 10:01 p.m. Councilmember Knuteson-Boyd moved to close the Executive
Session. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 aye
with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting
aye. Mayor Niehaus closed the Executive Session at 10:12 p.m.
Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting.
Councilmember Guzman-Newton seconded the motion. The motion passed unanimously and
Mayor Niehaus adjourned the meeting at 10:12 p.m.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder