HomeMy Public PortalAboutMIN-CC-2021-06-08
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June 8, 2021
MOAB CITY COUNCIL MINUTES
REGULAR MEETING
June 8, 2021
The Moab City Council held its Regular Meeting on the above date. 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=CInkA8Cghpk.
Call to Order and Attendance: Mayor Niehaus called the meeting to order at 7:02 p.m. In
attendance were Councilmembers Tawny Knuteson-Boyd, Mike Duncan, Kalen Jones and Rani
Derasary. Councilmember Karen Guzman-Newton attended via electronic means. City staff in
attendance were Acting City Manager Carly Castle, Attorney Laurie Simonson, Recorder
Sommar Johnson, Engineer Chuck Williams, Sustainability Director Mila Dunbar-Irwin and
Planner Nora Shepard. Mayor Niehaus led the Pledge of Allegiance. Eleven members of the
public attended.
Citizens to be Heard: Recorder Johnson stated there were two online comments, which are
archived at https://moabcity.org/151/City-Council.
Randall Fox shared his personal history citing reasons for wanting E-bike access on municipal
parkways. He stated his hope for a favorable Council vote.
Public Hearing:
Councilmember Jones moved to open a public hearing regarding Proposed Resolution 13-
2021: Approving the Final Master Planned Development (MPD) and Phase One Plat for the
Lionsback Development Located and Accessed from Sand Flats Road. Councilmember Duncan
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 public
hearing at 7:14 p.m.
Planner Shepard presented a brief history of the project, the planning process, annexation, legal
challenges and changes to the proposed project. She described the Phase One development of 34
proposed casita units. She stated 18 employee housing units were proposed in the final phase.
She also described Phase One improvements, including upgrades to Sand Flats Road, utilities,
the drinking water source protection plan, as well as landscaping and irrigation plans. She also
mentioned the Subdivision Improvements Agreement, which would accompany the Final Plat.
She stated the Planning Commission held a public hearing, which elicited a small number of
written comments. Later in the meeting she clarified the Planning Commission voted
unanimously to affirm the proposed MPD and Phase One Plat.
Howard Trenholme stated he at first was not thrilled about the proposed development yet has
come to find it is a fantastic project. He said it will be a good revenue source for the City and will
attract high spenders to the community.
Billy Snyder stated he is a new Realtor in town. He praised the developer for creating an ethical
development. He said the project will turn the worst part of town into the best part of town. He
said it would bring other uses to the area besides motorized recreation and bicycles.
Courtney Kizer stated the cat is out of the bag. She said we can control what kinds of people
come to Moab. She stated this development will attract high-end, returning visitors who are
emotionally involved in the community. She praised the high quality architecture.
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June 8, 2021
Joe Kingsley requested the Councilmembers review his earlier emails on the proposed
development. He stated it is an important, positive project. He said it is a win-win in every
possible direction.
Councilmember Jones moved to close the public hearing. Councilmember Knuteson-Boyd
seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Duncan,
Derasary, Guzman-Newton and Knutson-Boyd voting aye. Mayor Niehaus closed the public
hearing at 7:37 p.m.
Administrative Reports:
Acting Manager Castle updated Council on COVID protocols at City Hall. She said masks are
now optional at City Hall and the doors are now to walk-in traffic. She mentioned the
Treasurer’s office has implemented a new billing system and she described some changes and
temporary setbacks for public awareness.
Sustainability Director Dunbar-Irwin reported on her current priorities including the Water
Conservation Plan update and implementation of the Community Renewable Energy process.
She also mentioned steps forward with the Sustainability Action Plan and the Dark Skies
ordinance compliance. She mentioned other projects she is working on including coordination
with City departments, shade trees, waterwise landscaping, funding opportunities, greenhouse
gas emissions and outreach. She briefly described efforts to reorganize the existing draft
sustainability plan.
Mayor and Council Reports:
Mayor Niehaus reported on meetings she attended involving the Water Quality Board, the
Southeast Utah Association of Local Governments, and a luncheon with state water officials. She
said she toured the City’s parks and recreation amenities with Parks, Recreation and Trails
Director Annie McVay and Councilmember Jones. She related that she spoke at a meeting for
women in Utah politics and she congratulated Finance Director Ben Billingsley on the birth of
his child. She said she met with the developers of the failed R-3 rezone request and she
concluded with a mention of the Utah State University (USU) well-being survey results and
future research to collect visitor data.
Councilmember Duncan reported he spoke with Rhianna Medina, Director of the Moab Valley
Multicultural Center (MVMC) and advocate for the local homeless population. Duncan
remarked on the good work and growth of the MVMC. He also mentioned his attendance at a
meeting of the Rotary Club and a conversation he had with Rich Etchberger from USU.
Councilmember Guzman-Newton reported on a meeting of the Chamber of Commerce board
meeting where the Land Trust director and Housing Director for the City discussed affordable
housing projects, it's anticipated to have 104 new affordable housing units within the year. She
mentioned ribbon cuttings for new businesses and the availability of booths for the July 4th
celebration. She reported on a meeting she attended with the County, City and the Utah
Department of Transportation (UDOT) to speak about funding the transit proposal. She
participated in the Grand County Strategic Planning Focus Group sponsored by the travel
council to discuss the future of tourism. Attended another Chamber Chat discussion in which
the topic was Moab's housing shortage and proposed short-term solutions. She reported on the
airport, noting Canyonlands Field experienced the highest air traffic ever in May, including
more than 2,400 enplanements to Denver and Salt Lake City in one month and approximately
30-40 private planes per day.
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June 8, 2021
Councilmember Jones reported he also attended the MVMC open house and noted the amazing
services provided. He mentioned the housing task force and noted a new public-facing housing
website was under development. He said he attended a meeting regarding the local government
cost-share for transit. He reported on the Travel Council, stating Transient Room Tax (TRT)
revenues were record-breaking. He mentioned feedback regarding traffic impacts of truck and
trailer parking downtown as well as several observations of non-street-legal Off-Highway
Vehicles (OHVs) on City streets.
Approval of Minutes:
Councilmember Derasary moved to approve minutes from the May 4, 2021 Special Council
Meeting and May 11 and 25, 2021 Regular Meetings. Councilmember Jones seconded the
motion. Councilmembers Derasary and Duncan noted edits. The motion passed 5-0 aye with
Councilmembers Jones, Duncan, Derasary, Guzman-Newton and Knutson-Boyd voting aye.
Proclamation:
Mayor Niehaus praised the life-saving work of City police officers and lauded Chief Bret Edge.
She read a proclamation in appreciation of the Moab Police Department.
Old Business:
Municipal Speed Limits—Presentation
Engineer Williams presented an inventory of existing speed limits within the City and existing
signage. He offered options to Council regarding changing speed limits for consistency and
Council preferences, and noted associated costs for various options. Councilmember Derasary
brought up the idea of hosting a Town Hall to discuss municipal speed limits. Williams
presented his recommendation of a prima facie speed limit of 25 miles per hour (mph), which
would be a default City-wide speed unless otherwise posted. Williams stated that higher volume
roads should have a higher speed limit; 500 West and 300 South were mentioned in discussion.
Painting speed limits on the pavement in addition to signage was deliberated. After
consideration, a prima facie speed limit of 20 mph was proposed, with a one-month public
review period for consideration.
Hotspot Transit Shuttle Pilot—Approved
Presentation: Acting Manager Castle gave a recap of the proposed UDOT Hotspot transit pilot
program. Costs totaling approximately $450,000 over four years were described. It was
mentioned that the County planned to commit $250,000. Federal grants were mentioned. The
City’s affiliated expenses, totaling approximately $70,000 to $90,000 per year, were examined.
Castle reviewed the timeline for approvals, an Interlocal Agreement and development of a
Request for Proposals. Mayor Niehaus asked for clarification regarding County commitments.
Motion: Councilmember Duncan moved to adopt Resolution No. 25-2021, A Resolution
Regarding the City of Moab’s Commitment to Funding a “Recreational Hotspot” Transit Shuttle
Pilot Program. Councilmember Jones seconded the motion.
Discussion: Councilmember Knuteson-Boyd opposed the proposal to use property tax because
the proposal appears to be an amenity for hotels. She stated her reluctance to saddle residents
with costs to service Main Street and she wants to see how it will serve residents.
Councilmember Jones noted commercial businesses would pay a property tax as well. He said
the proposed transit system is designed to reduce congestion. He noted his concern about the
costs. Councilmember Duncan agreed with Councilmember Knuteson-Boyd. Councilmember
Guzman-Newton stated the project presents an amazing opportunity to work with UDOT and
agreed that it must serve residents. She said she supports the proposal.
Vote: The motion passed 5-0 aye with Councilmembers Jones, Duncan, Derasary, Guzman-
Newton and Knutson-Boyd voting aye.
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June 8, 2021
E-Bike Definition—Approved
Presentation: Councilmember Guzman-Newton stated her recusal from the discussion and
vote due to her conflict of interest as a bicycle shop owner. Attorney Simonson reviewed the
TrailMix proposal to allow Class I E-bikes on County pathways. She said the County approved
the proposal without the proposed one-year trial. Simonson clarified E-bikes would be allowed
on paved pathways only and not on designated mountain bike trails. She said that speeding is a
problem on Mill Creek Parkway and recommended a 15 mph limit for any devices on municipal
pathways, paved and unpaved. It was clarified that E-bikes are being considered for pathways
and not the bike skills park. Differences between Class I, II and III were described and
Councilmember Derasary noted that the ordinance would not preclude someone under the
Americans with Disabilities Act (ADA) from using a Class II and III E-bike. Councilmember
Derasary brought up the need for a public process because of a perceived change of use of the
City’s property. Attorney Simonson described an administrative rule regarding the change of
use. Councilmember Jones said he would be in favor of a one-year trial period. Councilmember
Knuteson-Boyd stated she did not believe the proposal constituted a change of use.
Councilmember Duncan said he did not think it was necessary to conduct a formal public
process. Mayor Niehaus said that, in lieu of a one-year trial period, the change could be reviewed
in one year.
Motion: Councilmember Jones moved to approve 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) and to Moab Municipal Code §12.20.060 (Allowing
Class 1 E-Bikes on City Path Systems and Setting a 15 MPH Speed Limit on Mill Creek Parkway).
Councilmember Knuteson-Boyd seconded the motion.
Discussion: Councilmember Jones stated he felt there had been a fair amount of civic
engagement and noted that allowing E-bikes would reduce cars downtown. Councilmember
Duncan said he gets passed by E-bikes frequently. Councilmember Derasary stated she felt
seniors and others will like the option of using E-bikes on the parkway and indicated she would
vote against the proposed ordinance due to her opposition to the lack of public process.
Vote: The motion passed 3-1 aye with Councilmembers Jones, Knuteson-Boyd and Duncan
voting aye and Councilmember Derasary voting nay. Councilmember Guzman-Newton
abstained.
New Business:
Lionsback Master Plan and Phase One Plat—Approved
Presentation: Lionsback Developer John Dwight gave a presentation regarding the project.
Councilmember Jones asked about utility costs to date and Dwight clarified the State of Utah
Schools and Institutional Trust Lands Administration (SITLA) had invested $4 million and the
developer had invested $8 million. Discussion ensued regarding water conservation and
consequences if the City’s water source is contaminated. Councilmember Derasary protested
consideration of the motion due to the delay in receiving documents for review. She requested
another two weeks for consideration. Councilmember Knuteson-Boyd said she did not think the
new material mattered. Councilmember Duncan said he wanted to move the project forward.
Councilmember Jones said he located the missing documents in the Planning Commission
materials and noted he had been reviewing the project for several years. He brought up the Real
Estate Transfer Assessment (RETA) intended to support affordable housing. Planner Shepard
discussed the pre-annexation agreement. Mayor Niehaus brought up a $20,000 gift to the City
from the developer and Michael Badger clarified that gift came from the Gonzo Inn and was
earmarked for affordable housing and Mayor Niehaus said it was ultimately used to paved a
pathway near the Cinema Court housing complex. Councilmember Jones stated the 18 units of
workforce housing proposed in Phase 5 represented about one half of what is justifiable for the
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June 8, 2021
total project. Attorney Simonson reminded Council that the project was already vested before
the affordable housing ordinance went into effect and is exempt from that requirement.
Motion: Councilmember Jones moved to approve Proposed Resolution No. 13-2021, A
Resolution approving the Lionsback Resort MPD and Phase One final plat and Subdivision
Improvement Agreement for Phase One. Councilmember Knuteson-Boyd seconded the motion.
Discussion: Councilmember Derasary stated she would vote nay because of the delay in
receiving more than 100 pages of the material to be considered in the motion.
Vote: The motion passed 4-1 aye with Councilmembers Jones, Knuteson-Boyd, Duncan and
Guzman-Newton voting aye and Councilmember Derasary voting nay.
Water Impact Fees Extension—Approved
Motion: Councilmember Knuteson-Boyd moved to adopt Resolution 16-2021 extending the
time for use of water impact fees. Councilmember Duncan seconded the motion.
Discussion: Mayor Niehaus asked for clarity regarding statute that pertains to time extensions
and Acting Manager Castle explained the proposed extension would satisfy State rules.
Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Duncan and Guzman-Newton voting aye.
Boundary Commission Appointment—Approved
Motion: Councilmember Knuteson-Boyd moved to appoint the Mayor to the Grand County
Boundary Commission. Councilmember Derasary seconded the motion.
Discussion: Councilmember Derasary asked if there had not been an appointee in the past and
it was explained that the City Manager had served and an elected official is required to serve.
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 bills against the City of
Moab in the amount of $221,307.50. Councilmember Jones seconded the motion. The motion
passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-
Newton voting aye.
Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Duncan
seconded the motion. The motion passed unanimously and Mayor Niehaus adjourned the
meeting at 10:05 p.m.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder