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Home My Public Portal AboutPKT-CC-2016-01-12Moab City Council January 12, 2016 Pre -Council Workshop/Presentation ***6:00 PM*** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 37 Agenda Page 2 of 37 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, January 12, 2016 at 6:00 p.m. ..........................................•••••••••••••••••••••••••••• 6:00 p.m. 7:00 p.m. SECTION 1: SECTION 2: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 December 8, 2015 CITIZENS TO BE HEARD SECTION 3: PRESENTATIONS SECTION 4: PROCLAMATIONS 4-1 None SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) 5-1 None SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 None SECTION 7: NEW BUSINESS 7-1 Review and Possible Approval of Proposed Resolution #01-2016 — A Resolution Approving a Memorandum of Understanding Between Grand Water and Sewer Agency and the City of Moab 7-2 Approval of Proposed Resolution #02-2016 — A Resolution Approving an Engineering Cost Share Agreement by and between Utah State University, the City of Moab and School and Insitutional Trust Lands Administration (SITLA) 7-3 Approval of a Utah Department of Transporation Federal Aid Application for Transportation Alternatives Program (TAP) funding in the amount of $550,000 7-4 Approval of a Utah Department of Transporation Federal Aid Application for STP Small Urban Project funding in the amount of $1,107,000 7-5 Appointment of the Mayor Pro-Tem for 2016 7-6 Appointment of the Councilmember Responsible for Reviewing the Bills of the City of Moab Agenda MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: EXECUTIVE CLOSED SESSION 13-1 An Executive Session to Discuss Pending or Reasonably Imminent Litigation 13-2 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 14: ADJOURNMENT 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 a Agenda Page 4 of 37 MOAB CITY COUNCIL REGULAR MEETING December 8, 2015 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David Sakrison called the Pre -Council Workshop to order at 6:00 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Kirstin Peterson and Doug McElhaney. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Public Works Director Jeff Foster and City Engineer Phillip Bowman. A discussion regarding Minimum House Size was held during the Pre Council Workshop Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Twenty-two (22) members of the audience and media were present. Councilmember Stucki moved to approve the Special Council Meeting minutes of May 5, 2015 and July 31, 2015 and the Regular Council Meeting minutes of November 10 and November 24, 2015. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. There were no Citizens to Be Heard. Mayor Sakrison presented Alex Kennedy with the Mayor's Student Citizenship of the Month Award for November 2015 for Helen M. Knight School. Larson and Company presented the Annual Audit of the City of Moab for Fiscal Year Ending June 30, 2015 Mayor Sakrison called the Public Hearing to order at 7:24 pm, regarding Solicitation of input on Proposed Resolution #32-2015 a Resolution REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD PRESENTATION OF MAYOR'S STUDENT OF THE MONTH PRESENTATION OF ANNUAL AUDIT PUBLIC HEARING ON RESOLUTION 32-2015 Agenda Page 5 of 37 Amending the Fiscal Year 2015-2016 Annual Budget. Mayor Sakrison called the Public Hearing to order at 7:26 pm, regarding PUBLIC HEARING FOR CDBG solicitation of input to consider Potential Projects for which funding may FUNDING be applied under CDBG (Community Development Block Grant) Small Cities Program for Program Year 2016. Ben Riley, Director of Housing Authority of Southeastern Utah presented for Public Input Potential Projects for which funding may be applied under CDBG (Community Development Block Grant) Small Cities Program for the Program Year 2016. Director Riley read a statement which contained the following: The purpose of this public hearing is to solicit public comments for potential projects under the CDBG program. This is a HUD sponsored grant administered to the states and allocated by the various AOG's around the state. This year's funding to the Southeastern Utah AOG is expected to be around $480,000 of which $250,000 will be administered via competitive grants. Recent past projects in our area include $250,000 grant for infrastructure improvements to Cinema Court affordable housing complex and rehab work to the Virginian Apartments. This is a wide range of eligible activities including, but not limited too • Construction of various types of public infrastructure and buildings • Public service activities • Rehab of single and multifamily property and other • Acquisition of real property • Economic Development activities People interested can contact Todd Thorne at the Southeastern AOG at (435) 637-5444. Councilmember Bailey moved to accept the Annual Audit for the City of Moab for the Fiscal Year ending June 30, 2015. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve Proposed Resolution #33- 2015-A Resolution Approving Amendment #1 of the Solid Waste Collection Franchise Agreement authorizing the transfer of ownership. Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. ACCEPTANCE OF ANNUAL AUDIT, APPROVED PROPOSED RESOLUTION #33- 2015, APPROVED Agenda Page 6 of 37 Councilmember Peterson moved to approve a Purchasing Exception for Design Services for the Waste Water Treatment Plant Project. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve a Task Order with Bowen and Collins and Associates for the Final Design of the Waste Water Treatment Plant in an amount not to exceed $495,000. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve the Waste Water Treatment Plant Preliminary Design and Environmental Assessment. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve a Task Order for Bowen and Collins for an amount not to exceed $5,000 for the South Trunk Sanitary Sewer Line Master Plan project. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve Resolution #34-2015-A Resolution Approving a Memorandum of Understanding between the City of Moab and Rocky Mountain Power regarding Blue Sky Funding Award. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to approve a Donor Agreement between Dell A. Keys and the City of Moab. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve a Contract for Drilling Services for USGS. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve an Employee Health Insurance Proposal for an effective date of January 1, 2016. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. APPROVAL OF PURCHASING EXCEPTIONFOR WWTP, APPROVED APPROVAL OF TASK ORDER WITH BOWEN AND COLLINS, APPROVED APPROVAL OF WWTP PRELIMINARY DESIGN, APPROVED APPROVAL OF TASK ORDER FOR SOUTH TRUNK SEWER,APPROVED APPROVAL OF RESOLUTION #34-2015, APPROVED APPROVAL OF DONOR AGREEMENT, APPROVED APPROVAL OF DRILLING CONTRACT, APPROVED APPROVAL OF HALTH INSURANCE PROPOSAL, APPROVED Agenda Page 7 of 37 Councilmember Stucki moved to approve the 2016 Holiday Schedule for the City of Moab. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve the 2016 City Council Meeting Schedule for the City of Moab. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approved Proposed Resolution #32- 2015-A Resolution Amending the 2015-2016 Annual Budget. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Under Mayor And Council Reports, Mayor Sakrison presented Councilmembers Peterson, Stucki and McElhaney with tokens of the City's Appreciation for their years of service on City Council. Mayor Sakrison reported that Airport Board met and that two of twelve signatures have been secured for the new airline. Mayor Sakrison stated that approval will happen within four weeks and also mentioned that Boutique Airlines will be up and running in thirty to sixty days. Mayor Sakrison also reported that TSA (Transportation Security Administration) has terminated their contract with Canyonlands Airport and that the construction on the new runway will begin in the Fall of 2016. Mayor Sakrison attended a Governor's Office of Economic Development Meeting in Salt Lake City and reported that the BEAR and Fast Track programs will be changing. Councilmember Peterson asked if the UTV Committee has progressed with any movement to address the Legislature. Mayor Sakrison stated that the conversation regarding UTVs will begin on January 27, 2016 at the Utah League of Cities and Towns Legislative Day. Councilmember Stucki reported that he will be attending the Solid Waste District Board meeting. Councilmember Ershadi reported that she attended a Housing Task Force meeting and they will be coming out with recommendations soon. Councilmember Ershadi invited everyone to a Community Rebuilds APPROVAL OF 2016 HOLIDAY SCHEDULE, APPROVED APPROVAL OF 2016 COUNCIL MEETINGS, APPROVED APPROVAL OF RESOLUTION #32-2015, APPROVED MAYOR AND COUNCIL REPORTS Agenda Page 8 of 37 Open House at her family's new home on Friday, December 11, 2016 from 2:00 pm to 7:00 pm. Councilmember Peterson thanked City Manager Davidson for presenting the Economic Development Report to the Chamber of Commerce Board. Mayor Sakrison reported that he handed out the Economic Development Report at the Governor's Economic Development meeting and that it had been very well received. Councilmember Peterson reported that the Trail Mix Committee had informed her that Reuters named Utah a top travel destination in the world. There was no Correspondence to be Read. Under Administrative Report, City Manager Davidson gave a written report. A Report on City/County Cooperation was not given. Councilmember McElhaney moved to pay the bills against the City of Moab in the amount of $173,184.38. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to adjourn the meeting. Councilmember Stucki seconded the motion. The meeting was adjourned at 8:08 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT Agenda Page 9 of 37 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 12, 2016 Agenda item #: 7-1 Title: Review and Possible Approval of Proposed Resolution #01-2016 — A Resolution Approving a Memorandum of Understanding between Grand Water and Sewer Agency and the City of Moab Fiscal Impact: District will pay their fair share of impact fees, monthly rates and existing capacity for the Plant Staff Presenter(s): Rebecca Davidson, City Manager Department: Administration Applicant: N/A Background/Summary: The City staff and Spanish Valley/Grand Water and Sewer staff have been working to finalize a Memorandum of Understanding for the use of the wastewater treatment and trunk lines for sewer within the City. This document is intended to define a "high level" of understanding for both the City and the District and provide a guidance document in the development of a final agreement. This document has been presented to SVWSID and includes their comments and our final comments. The SVWSID Board will have to approve this document as well. Staff will present details and background for this MOU at the meeting on Tuesday. Options: Approve, Deny or Postpone Staff Recommendation: If the Council is comfortable with the MOU, staff is asking for approval. Recommended Motion: I move to approve (insert agenda item title) Attachment(s): Draft MOU Agenda Page 10 of 37 Resolution #01-2016 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN SPANISH VALLEY WATER AND SEWER WATER IMPROVEMENT DISTRICT AND THE CITY OF MOAB WHEREAS, the City has determined that it is in the best interest of the community to enter into a cooperative agreement with Spanish Valley Water and Sewer Improvement District to provide sewer services for Spanish Valley; and WHEREAS, the attached memorandum of understanding provides for the funding and coordination of such services; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE MEMORANDUM OF UNDERSTANDING IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 12t" day of January, 2016. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #01-2016 Page 1 of 1 Agenda Page 11 of 37 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (MOU) FOR A FUTURE WASTEWATER TREATMENT SERVICE INTERLOCAL AGREEMENT, is entered into by and between the City of Moab, a Utah municipality (the City), and the Spanish Valley Water & Sewer Improvement District. Grand Water & Sewer Service Agency, a special service district organized and existing pursuant to Utah law (GWSSA or the DistrictAgency). RECITALS a. the City, pursuant to U.C.A. §10-8-38, is authorized to acquire and operate systems for the collection, treatment and disposition of sewage; and b. pursuant to U.C.A. §11-8-1 municipalities and special service districts are expressly authorized to enter into contracts for sewage treatment and disposal services; and c. the City owns, operates, and maintains a wastewater treatment plant which, in addition to being utilized to provide wastewater treatment services for the City, is currently being utilized to provide wastewater treatment services pursuant to the terms of an agreement by and between the City and the Spanish Valley Water and Sewer Improvement District {" SVWSID"), dated November 10, 1982; d. the City and the AgencyDistrict desire to enter into a future agreement pursuant to the Utah Interlocal Cooperation Act, U.C.A. §11-13-1, et seq. which will set forth detailed provisions for the expansion of the City wastewater treatment plant and the provision of wastewater treatment services to customers served by the AgencyDistrict: and e. this MOU is intended to identify the points of agreement between the parties and set forth the outlines of a future Interlocal Agreement (the Agreement) which will be negotiated and executed no later than July, tri-2016. 1. Project Scope. The City has undertaken planning for the construction of a new wastewater treatment plant which will have a capacity of 1.5 million gallons per day (MGD), and a 1.75 MGD peak monthly capacity. The new plant will be constructed on a site to be acquired by the City on 400 North in Grand County. a. The new plant will be designed as a Sequenced Batch Reactor (SBR) plant with the capability of handling wastewater and septage containing higher intensity biochemical oxygen demand and total suspended solids. b. The total project cost is estimated to be $10 million to $11 million. The City will undertake bond financing from the Utah Department of Environmental Quality (DEQ) to fund the construction of the project. 2. Regional Plant. The parties recognize the necessity of constructing a new wastewater treatment plant, and the advantages of cooperating in the construction of a Formatted: Font: Not Bold Agenda Page 12 of 37 single plant. The parties understand that construction of a regional plant may preclude other alternatives within the foreseeable future. The City intends to own the new plant, which will be operated as a regional facility. The Agreement will provide that both the City and the District will make substantial proportionate contributions to the construction and operation of the plant. Therefore the Agreement will contain detailed terms providing that the District will be entitled to utilize a proportionate share of the new plant capacity for the service life of the plant, together with the option to purchase additional capacity. As a result, entities receiving wastewater treatment services under the future Agreement will pay their proportionate share of costs for construction, operation, and -maintenance and expansion of the capacity of the plant. The Agreement will contain provisions for the District to pay its proportionate share of any other unforeseen costs associated with plant operations and maintenance. 3. Allocation of Capacity. Treatment capacity will be allocated on a first -come, first - first served basis, and will be calculated based upon Equivalent Residential Units (ERUs). Septage haulers currently utilizing the system will be allocated capacity on an ERU basis. 4. Duration of Future Agreement. The duration of the Agreement between the City and the AgcncyDistrict will -will be for a term of thiftyfifty (350) years or upon the expiration of the service life of the new plant (including subsequent expansions), whichever first occurs. The Agreement will have provisions for re -negotiation and extension as needed to accommodate growth, anfl-the need for futures wastewater treatment capacity, and other unforeseen events in the future. 5. Moratoria in Case of Future Environmental Violations. Currently the City is meeting applicable water quality standards enacted by the DEQ. However, continued growth during the period prior to completion of the new plant could result in environmental violations issued by the DEQ and/or United States Environmental Protection Agency (EPA). The Agreement will provide that, in the event of future environmental violations, the City and the DistrictAgeaey-_will implement moratoria on new sewer connections as necessary. 6. Planning for Service Areas. The City and AgcncyDistrict will negotiate a service area as part of the Agreement, which faaywill encompass parts of San Juan County as well as -existing City and AgcncyDistrict -service boundariesareas, and may encompass additional service areas in San Juan County. The Agreement will also provide for future service area expansions upon the agreement of all parties., 7. Uniform Sewer Standards. The City and the DistrictAgency will cooperate in enacting uniform sewer standards governing materials, connections, and treatment standards. Under the Agreement the City and the DistrictAgency will implement these standards with respect to all customers in their respective jurisdictions. 8. Periodic Rate Study. The City will undertake a rate study no later than three (3) years from the effective date of the Agreement. Additional rate studies will be conducted every five (5) years. Agenda Page 13 of 37 9. Impact Fee Collection. The Agreement will provide that all new connections to the wastewater treatment system will pay impact fees, which shall be collected by the City within its boundaries and the AgencyDistrict within its boundaries. The AgcncyDistrict will remit all collected impact fees to the City periodically, and the City shall hold same in its wastewater treatment facilities account. Impact fees will be due and payable at the time a building permit is issued for new development. The AgcncyDistrict and the City will implement impact fee procedures which will address increased capacity for City collection pipelines to the extent those improvements are needed due to development outside the City. 10. Capital Contribution and Recoupment. To reduce the total indebtedness associated with the project, the Agreement will provide for capital contributions to be made by each party, in amounts to be determined. The capital contributions in the Agreement will be proportionate to the total capacity of the existing wastewater treatment system now utilized by each party. For example, assuming a total capital contribution of approximately $2 million, and City and AgencyDistrict usage of capacity of 60.1% and 26.5%1, respectively, then the City contribution would be $1.36 million and the AgcncyDistrict contribution would be $600,000.00. If the AgcncyDistrict is unable to contribute an amount equal to its proportionate system usage, the Agreement will provide for recaputure of the deficit capital contribution over time, with interest accruing at the same rate provided for the bonded indebtedness undertaken by the City for the system improvements (estimated to be two percent per annum). The Agreement will contain detailed provisions for collection of these sums by the AgencyDistrict. 11. Allocation of Current Capacity. Existing capacity shall be allocated between the City and the AgcncyDistrict based on the total ERUs currently utilized by each entity. The Agreement will provide for service rates, which shall include a treatment portion and a transmission portion. The rates will cover costs of planning, construction, operations and maintenance, and debt service over the life of the project. AgencyDistrict customers will pay the treatment portion as well as a portion of the City transmission costs to account, for example, for pipelines maintained by the City which serve AgcncyDistrict customers. The AgcncyDistrict will administer its rate structure and be responsible for remitting its share of service revenues to the City periodically. Future service rate increases which may be adopted by the City must be equitable as between City and AgcncyDistrict customers. 12. Planning for Future Agreements. The Agreement will provide that the parties will begin planning for additional capacity no later than the point at which eighty five percent (85%) of available capacity has been consumed. 13. Enforcement. The Agreement will contain enforcement mechanisms, which may include specific performance (i.e. injunctive relief), damages (as in the case of non-payment 1. Note that total capacity usage does not equal 100% because the existing treatment plant devotes significant capacity to the treatment of septage delivered by waste haulers. Future rates for septage discharge will also address these system impacts. Agenda Page 14 of 37 of impact or service fees), moratoria, and/or termination, interest, and attorney fees, as applicable. 14. Deadline for Final Agreement; Additional Parties. The parties will continue negotiations and work diligently towards the completion of a final interlocal agreement, which will be adopted by the parties no later than AprilJuly -15, 2016. The parties will confer and, to the extent necessary to fully implement the terms of the Agreement, additional parties, such as Spanish Valley Water and Sewer Improvement District, may be added to the final Agreement. It is intended that this MOU will be terminated upon the adoption of the final Agreement. In the event that no final Agreement is reached between the parties, this MOU shall be void and of no further effect. 15. po Interlocal Entity Created; Advisory Board. The Agreement will not provide for the creation of a separate interlocal entity. However, the Agreement will contain provisions for the creation of an advisory board comprised of representatives of both entities. The Agreement will specify regular meetings of the board for the purpose of wastewater planning and inter -agency cooperation. While the board will not have governing authority, it will be authorized to make recommendations. 16. Dispute Resolution. Because the parties anticipate the importance of continuing interlocal cooperation, the Agreement will have detailed provisions providing for resolution of disputes, which will include, at minimum: a) written notice and an opportunity to cure any breach or threatened breach; and b) mediation as a condition precedent to invoking judicial remedies (except in the case of immediate or irreparable injury). -Remainder of Page Intentionally Left Blank - Formatted: Font: Bold Formatted: Centered Agenda Page 15 of 37 MEMORANDUM OF UNDERSTANDING FOR A FUTURE WASTEWATER TREATMENT SERVICE INTERLOCAL AGREEMENT, SIGNATURE PAGE Approved by the parties on the date(s) set forth below: City of Moab: By: David Sakrison, Mayor Date Attest: By: Rachel Stenta, Recorder Date Spanish Valley Water & Sewer Improvement District By: Title: -End of Document - Date Agenda Page 16 of 37 AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 12/ 2016 Agenda ltem #: 7-2 Title: Approval of Proposed Resolution #02-2016 — A Resolution Approving an Engineering Cost Share Agreement by and between Utah State University, the City of Moab and School and Institutional Trust Lands Administration (SITLA) Li Fiscal Impact: $5,964 the previous Council approved a budget amendment including these funds. Staff Presenter(s): Rebecca Davidson, City Manager Department: Administration Applicant: N/A Background/Summary: The City Staff along with SITLA and USU staff are working on the development of a concept design and cost estimate project for the infrastructure near and around the Mill Creek and US 191 intersection. It is in the interest of the City for the cost and scope of this infrastructure to be understood for the development for water, sewer and transportation. The City staff is requesting to have approval of the attached agreement document that includes $5,964 City participation for a $61,646 scope. i Options: Approve, Deny or Postpone Staff Recommendation: Staff is requesting approval of the agreement with SITLA and USU in the amount of $6,954. Recommended Motion: I move to approve (insert agenda item title) Attachment(s): Draft Agreement Agenda Page 17 of 37 Resolution #02-2016 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN UTAH STATE UNIVERSITY, THE CITY OF MOAB AND SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION (SITLA) WHEREAS, the City has determined that it is in the best interest of the community to enter into a an engineering cost share agreement with Utah State University and SITLA to hire engineering services to prepare engineering for the realignment of the Millcreek Drive Intersection with Highway 191; and WHEREAS, the attached memorandum of understanding provides for the funding and coordination of such services; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE MEMORANDUM OF UNDERSTANDING IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 12th day of January, 2016. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #02-2016 Page 1 of 1 Agenda Page 18 of 37 ENGINEERING COST SHARE AGREEMENT This ENGINEERING COST SHARE AGREEMENT (the "Agreement") is entered into this day of , 2015, by and between Utah State University ("USU"); the City of Moab, a municipality of the State of Utah ("Moab City"), and the State of Utah, acting through the School and Institutional Trust Lands Administration ("SITLA"). RECITALS A. USU and SITLA each own certain real property located to the south of Moab City proper and west of Highway 191 near the intersections of Millcreek Drive and Plateau Drive, which property is generally depicted in Exhibit A to this Agreement. B. Moab City has an interest in ensuring that joint access to the SITLA, USU, and adjacent developer parcel as well as re -alignment of the Millcreek Drive/Hwy 191 Intersection is controlled and designed in a safe and satisfactory manner. C. USU, SITLA, and Moab City (together, the "Parties") desire to hire an engineer to prepare engineering documents and estimates (including engineering, survey and geotechnical work, for the access to the USU property in the area and the realignment of the Millcreek Drive Intersection with Hwy 191 (the "Project"). D. The Parties have determined that it is in their best interest to cooperate in the funding and design of this roadway and associated utilities, which will in turn facilitate access and service to those lands owned by USU, SITLA, Moab City, and adjacent developments described herein. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: AGREEMENT 1. Project Costs. It is the Parties' intent to each pay for certain engineering, survey, and geotechnical study costs associated with the Project, which costs are based on a fee proposal and scope of work ("Proposal") submitted by Kimley-Horn, Inc. (the "Engineer"). The Proposal has been approved by the Parties and is attached as Exhibit B. In addition, the Parties' shall each pay a pro-rata share of the fees as outlined on Exhibit C. The Parties shall not be bound to pay any Project costs except as expressly provided for herein. 2. Contractual Arrangement. SITLA will contract directly with the Engineer to provide the Project services. Each party (SITLA, USU, and Moab City) will be billed separately by the Engineer and will be responsible for timely payment. In the event USU and Moab City fail to pay any amount owed to the Engineer in the time frames required for payment by the Engineer, SITLA may (without obligation) pay such amount, and the non-paying part agrees to Page 19 of 37 Engineering Cost Share Agreement Page 2 pay SITLA, upon demand, those sums so expended by SITLA, together with interest at a rate equal to the lesser of (i) four (4) percentage points added to the prime lending rate as listed in the Wall Street Journal, as it varies from time to time, or (ii) the maximum rate of usury interest permissible under the laws of the State of Utah from the date of expenditure until paid. 3. Project Management. SITLA will communicate with the Engineer, monitor the Engineer's progress, and will otherwise manage the Project. SITLA will send copies of all Project documents it receives from the Engineer to USU and Moab City. 4. Miscellaneous. a. This Agreement shall be binding upon the Parties' successors and assigns. b. This Agreement shall be interpreted in accordance with the laws of the State of Utah. c. This Agreement sets forth all the promises, inducements, agreements, conditions, and understandings between the Parties relative to the engineering design costs, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between them other than are set forth herein. d. The individuals executing this Agreement hereby warrant and represent they are duly authorized to do so in the capacity stated. e. Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture between the Parties. by the Parties. f. This Agreement may only be amended by a written amendment executed [Remainder of page left intentionally blank.] Agenda Page 20 of 37 Engineering Cost Share Agreement Page 3 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOAB 217 E. Center St. Moab, Utah 84532 By: Rebecca Davidson, City Administrator CITY OF MOAB A 1"PEST Rachel Stenta, City Recorder ca c a) a) iai Page 21 of 37 Engineering Cost Share Agreement Page 4 UTAH STATE UNIVERSITY [Address] By: Steve R. Hawks, Dean STATE OF UTAH :§ COUNTY OF On the day of , 2015, personally appeared before me Steve R. Hawks, who being by me duly sworn did say that he is the Dean of the Utah State University — Moab Campus, and the signer of the above instrument, who duly acknowledged that he executed the same. Given under my hand and seal this day of , 2015. My Commission expires: Notary Public Page 22 of 37 Residing at Engineering Cost Share Agreement Page 5 STATE OF UTAH School and Institutional Trust Lands Administration 675 East 500 South, Suite 500 Salt Lake City, Utah 84102-2818 By: Kevin S. Carter, Director STATE OF UTAH :§ COUNTY OF SALT LAKE APPROVED AS TO FORM: By: Special Assistant Attorney General On the day of , 2015, personally appeared before me Kevin S. Carter, who being by me duly sworn did say that he is the Director of the SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION, and the authorized signer of the above instrument, who duly acknowledged to me that he executed the same. Given under my hand and seal this day of , 2015. My Commission expires: Notary Public Page 23 of 37 Residing at Engineering Cost Share Agreement Page 6 Por4 crop, r l3at;e-Ln : — V N _ r -efers,. St a4' 9�Orr� et. E_, Exhibit A General Depiction of Project Area HoiOak Ln Exhibit B c ie. A c a) Page 24 of 37 Engineering Cost Share Agreement Page 7 Kimley-Horn, Inc. Fee Proposal & Scope of Work (See following pages) ca c a) a) iai Page 25 of 37 Engineering Cost Share Agreement Page 8 o E —a Exhibit C Proposed Fee Schedule/Breakdown So 0 *63 YS- Page 26 of 37 h 4:M.:J.3 AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 121 2016 Agenda Item #: 7-3 Title: Approval of Utah Department of Transportation Federal Aid Application for Transportation Alternatives Project (TAP) funding in the amount of $550,000 Fiscal Impact: If the total federal aid amount requested of $550,000 is approved, the City of Moab will be required to contribute the local match amount of 6.77%, which will be approximately $37,500, in FY2017 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Applicant: City of Moab Background/Summary: The Utah Department of Transportation (UDOT) administers federal aid funding and grants for local agencies through several programs each year. One area where funding is available is the Transportation Alternatives Project (TAP) program that focuses on pedestrian and bicycle infrastructure projects that encourage alternative transportation choices in a community. City staff have proposed a project at the Mill Creek Drive and US-191 intersection for a grade -separated underpass for pedestrians and bicyclists. This project meets the intent of the TAP objectives, and will be combined with the existing Mill Creek Intersection Improvements project that the City has already been approved for $1.0M in federal aid funding on in FY2017. If this TAP funding application is approved, the combined project value of the intersection improvements and the underpass will be approximately $1.5M. The combined project will be planned to start design in the Fall of 2016 and it is anticipated the construction would occur sometime in calendar year 2018. City staff were required to submit the completed funding application packet to UDOT on Friday, January 8, 2016 for this project. If the City Council approves the Federal Aid Application, the application will continue to move through the application review and evaluation phases of UDOT's process. If the City Council does not approve of this project, City staff will withdraw the application and the project will not be considered for funding in this funding cycle. 1 J Agenda Page 27 of 37 The Cover Letter submitted with the funding application package is attached for Council review, and provides a general overview of the project. In addition, a Letter of Support from SITLA and USU-Moab, and a Conceptual Site Plan of the proposed project are also attached. City staff is available to further explain the proposed project and the TAP program funding availability, and to answer any questions that the City Council may have. Options: 1. Approve the Federal Aid Application requesting funding in the amount of $550,000 in FY2017. 2. Direct staff to make changes to the application, and approve at a later meeting. 3. Other, as directed to staff. Staff Recommendation: Staff recommends approval of the UDOT Federal Aid Application for Transportation Alternatives Project (TAP) funding in the amount of $550,000 Attachments: Cover Letter for TAP funding application Letter of Support from SITLA and USU-Moab Conceptual Site Plan Agenda Page 28 of 37 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 January 8, 2016 Chris Potter UDOT Local Government Program Engineer UDOT Program Development P.O. Box 143600 4501 South 2700 West Salt Lake City, UT 84114-3600 Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd RE: 2016 Transportation Alternatives Project (TAP) — Small Urban Area Funding Application Dear Mr. Potter: The City of Moab is pleased to submit our 2016 Transportation Alternatives Project (TAP) — Small Urban Area Funding Application for consideration by the Joint Highway Committee (JHC). The project proposed is the "Mill Creek Drive & US-191 Intersection Underpass" with funding being sought through this application in FY2017. Highlights of our application include: • A pedestrian and bicycle path underpass of US-191 at the Mill Creek Drive intersection located south of Moab, including path connections to the proposed sidewalks on Mill Creek Drive and future connections to local sidewalks, a regional path along US-191, and future sidewalks and paths south of US-191 • A "combined funding" approach to the overall project, with the proposed TAP funding through this application for the underpass coupled with the Mill Creek Intersection Project (UDOT Project No. F-LC19(16), STP Small Urban Funds Program) currently programmed in FY2017 for $1.0 million of federal aid • Support of neighboring property owners including the State of Utah School and Institutional Trust Lands Administration (SITLA) and Utah State University Moab Campus (USU-Moab), who are jointly engaged in the Master Planning of the new USU-Moab Campus and campus support housing for the area south of US-191 As noted in our application materials and concept cost estimate, the estimated cost of our project is approximately $550,000. The City recognizes that this amount exceeds the general funding availability for the TAP — Small Urban Area program in FY2017. If our application is approved and funding is granted for FY2017, the City plans to apply for additional TAP funding with a FY2018 application to offset the project costs above the FY2017 grant amount. Furthermore, the City will be seeking other partnering and funding opportunities that may be available with UDOT Region 4 for improvements on US-191, the Permanent Community Impact Fund Board (CIB) Agenda Page 29 of 37 January 8, 2016 Chris Potter, UDOT Local Government Program Engineer Page 2 of 2 grants and/or loans, and other funding sources. This City is committed to providing the required local match amount of 6.77% of the funding awarded. In summary, the City of Moab feels this underpass will add significant pedestrian and bicycle enhancements to the existing Mill Creek Intersection Improvements project previously approved for federal aid funding. The underpass project will provide benefits to the traveling public by providing a grade -separated crossing of US-191 for pedestrians and bicyclist, will encourage alternative transportation choices with connections to local sidewalks, regional paths and the future USU-Moab Campus, and will improve the overall operation and safety of the Mill Creek Drive/US-191 intersection in both the stop -controlled and signalized (when warrants are met in the future) conditions. Please find attached with this cover letter our 2016 Transportation Alternatives Project (TAP) — Small Urban Area Funding Application Package containing the following items: • Completed UDOT Local Government Project Application Form for Joint Highway Committee Programs • Letter of Support from SITLA and USU-Moab • Vicinity Map • Conceptual Site Plan • Concept Cost Estimate totaling $550,000 Thank you for your time and assistance with this application. We look forward to our application being considered by the JHC sub -committee in the coming months, and we would welcome the opportunity to present our project and answer any questions at the sub -committee meeting. If you have any questions about the application package or materials provided, please do not hesitate to call or email me. Sincerely, Rebecca Davidson City Manager Attachment: 2016 TAP — Small Urban Area Funding Application Package (as noted) CC: Mayor Dave Sakrison Moab City Council File Agenda Page 30 of 37 Gary R. Herbert Govemor Spencer J. Cox Lieutenant Govemor David Ure Director State of Utah School & Institutional Trust Lands Administration SOUTHEASTERN AREA OFFICE 217 East Center Street, Suite 230 Moab, UT 84532 435-259-7417 435-259-7473(Fax) www.trustlands.utah.gov January 6, 2016 Rebecca Davidson City Manager City of Moab 217 East Center St. Moab, Utah 84532 RE: Support for UDOT Transportation Alternatives Project (TAP) Funding Application Dear Rebecca, The State of Utah School and Institutional Trust Lands Administration (SITLA) and the Utah State University (USU) have been joint planning our respective properties near the intersection of Mill Creek Drive and US-191. We have developed a Master Plan for both properties that incorporates and connects housing and a new USU-Moab Campus. We understand that the City of Moab is applying for grant funding for a proposed pedestrian underpass located near the intersection of Mill Creek Dive and US-191. Our Master Plan for the new USU-Moab Campus, and the associated campus support and student housing on adjacent SITLA property, aligns and is in harmony with Moab and Grand County's vision for a walkable and bikeable community. USU and SITLA are committed to working with the City through the Master Plan and site development process to ensure our respective projects are linked and connected to the rest of the city and the community as a whole. Please accept this letter in support of your UDOT Transportation Alternatives Project Funding Application for a pedestrian underpass near the intersection and adjacent to our projects. We hope you are successful, and that your application is strongly considered and approved. Please contact either Dr. Steve Hawks or myself if you have any questions or concerns. 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'e', t Vr... l'S lio! • ROA D VVAY IMP R OVEIV1 EN TS m..i,,..1•10./.t,..i,*,•, .,.._. 4, •ft ....„ , 1..., , • . . . • • .. -7; :I 41... -,,4!,:,,.,,..,;0 WITH USU AND SITLA DEVELOPMENT:- - 1. .--,....41.5 ;A. •1;.• ....,t.:Virlii.: ;ie. - -frik&v.-;;A-4-...,......r....-„,:-:-.i,::.-.7-.La :7., • "rt. -ic.4 off. "'••• - , Tr..„ • 12.1tei.4.7;;4,1t :reA•I'L-.1147 gr . • PVA14. ...I...di; tit: ;;F • • al ,64 ! „iff • :Ili:. - • • • • • ' :if • • 4 -J.,. • t.r.: • • 4).., •• • • -!ir z.• r '''F„,„p. • , 4e:0•04,. • 11.4.2i! : 47,..1*• - ti,fie ;4/.1, Ler 441, Aefie tra i454.1.k_14• ?-4$5.4 t "..1.:6.1'!7.:. •%;x, 4:e - WAI„ MILL CREEK DRIVE 4:44:lye% .&" i'!.•;: 7).: & US-191 UNDERPASS 1• I'CO ;:,11 .C NCEPTUAL SITE PLAN -4# A, r140. • •• AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 121 2016 Agenda Item #: 7-4 r. Title: Approval of Utah Department of Transportation Federal Aid Application for Surface Transportation Program (STP) Small Urban Project funding in the amount of $1,107,000 Fiscal Impact: If the total federal aid amount requested of $1,107,000 is approved, the City of Moab will be required to contribute the local match amount of $107,000 or approximately 9.77%, in FY2021 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Applicant: City of Moab Background/Summary: The Utah Department of Transportation (UDOT) administers federal aid funding and grants for local agencies through several programs each year. One area where funding is available is in the Surface Transportation Program (STP) Small Urban Projects program. "Small Urban" areas are defined by a population of 5,000 to 50,000 residents, so the City of Moab meets this requirement. Projects may be proposed on roadways with a functional classification of Collector or Arterial, which are generally higher traffic roads in a community City staff have proposed a project at 400 North and US-191 to completely re -align the intersection, straighten the existing geometry and remove the "S-curve" on 400 North, and make the new intersection safer for all users. UDOT has also started to study the possibility of additional signalized intersections along US-191 in downtown Moab, and this project would make the new intersection "signal ready" when traffic count warrants are met in the future. UDOT has not yet identified an anticipated time frame for when a signal would be warranted in the future, so this project would allow the City to prepare the intersection in advance of the warrant being met. One key component of the proposed project is that it requires the purchase of property to create new Right -of -Way (ROW) for 400 North. This project is eligible for STP-Small Urban Project funding because 400 North is classified as a Major Collector and US-191 is classified as a Highway. If this STP- Small Urban Project funding application is approved, the project cost is estimated to be $1,107,000 and the City will provide a local match of $107,000 or 9.77%. If J Agenda Page 33 of 37 the project application is approved, funding to start the design will be available in FY2021 and it is anticipated that construction would occur sometime in calendar year 2023. City staff was required to submit the completed funding application packet to UDOT on Friday, January 8, 2016, for this project. If the City Council approves the Federal Aid Application, the application will continue to move through the application review and evaluation phases of UDOT's process. If the City Council does not approve of this project, City staff will withdraw the application and the project will not be evaluated or considered for funding by UDOT in this funding cycle. The Cover Letter submitted with the funding application package is attached for Council review, and provides a general overview of the project. In addition, the Conceptual Site Plan of the proposed improvements is also attached. City staff is available to further explain the proposed project and the TAP program funding availability, and to answer any questions that the City Council may have. Options: 1. Approve the Federal Aid Application requesting funding in the amount of $1,107,000 in FY2021. 2. Direct staff to make changes to the application, and approve at a later meeting. 3. Other, as directed to staff. Staff Recommendation: Staff recommends approval of the UDOT Federal Aid Application for STP-Small Urban Project funding in the amount of $1,107,000. Attachments: Cover Letter for STP-Small Urban funding application Conceptual Site Plan Agenda Page 34 of 37 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 January 8, 2016 Chris Potter UDOT Local Government Program Engineer UDOT Program Development P.O. Box 143600 4501 South 2700 West Salt Lake City, UT 84114-3600 RE: 2016 STP - Small Urban Project Funding Application Dear Mr. Potter: Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd The City of Moab is pleased to submit our 2016 STP — Small Urban Project Funding Application for consideration by the Joint Highway Committee (JHC). The project proposed is the "400 North & US-191 Intersection Improvements" with funding being sought through this application in FY2021. Highlights of our application include: • Re -alignment of the existing 400 North & US-191 intersection in Moab, with improvements to the geometric configuration, elimination of the existing reverse curve on 400 North, and improvement of the 400 North/100 West/Emma Boulevard intersection • Safety design enhancements at the new intersection, with project goals to increase sight distances for both US-191 and 400 North turning movements, and to reduce the current crash rates • Preparation of the new intersection to become signalized when appropriate warrants are met in the future As noted in our application materials and concept cost estimate, the anticipated cost of our project is approximately $1,107,000. The City recognizes that this amount is generally in -line with the maximum available for this program, and is requesting federal aid funding of $1,000,000. If our application is approved and funding is granted for FY2021, the City is committed to providing a local match of $107,000 (approximately 9.67%) which exceeds the required match amount of 6.77%. In summary, the City of Moab feels this project will provide significant improvements to the existing US-191 intersection configuration while making it safer for motorists, pedestrians, and bicyclists. The project will be designed to make the US-191 intersection "signal ready" when Agenda Page 35 of 37 January 8, 2016 Chris Potter, UDOT Local Government Program Engineer Page 2 of 2 warrants are met, which will enable UDOT to install the future signal facilities in the most efficient and cost effective manner possible. In addition, the new intersection will provide easier and safer access to adjacent neighborhoods, HMK Elementary School, and nearby City amenities including Swanny Park and the Moab Recreation and Aquatic Center. Please find attached with this cover letter our 2016 STP - Small Urban Project Funding Application Package containing the following items: • Completed UDOT Local Government Project Application Form for Joint Highway Committee Programs • Concept Cost Estimate totaling $1,107,000 • Vicinity Map • Conceptual Site Plan Thank you for your time and assistance with this application. We look forward to our application being considered by the JHC sub -committee in the coming months, and we would welcome the opportunity to present our project and answer any questions at the sub -committee meeting. If you have any questions about the application package or materials provided, please do not hesitate to call or email me. Sincerely, Rdbecca Davidson City Manager Attachment: 2016 STP - Small Urban Project Funding Application Package (as noted) CC: Mayor Dave Sakrison Moab City Council File Agenda Page 36 of 37 4 Agenda PROPOSED ROAD • IMPROVEMENTS AND PAVEMENT PROPOSED NEW ROAD -�. - 400 NORTH • r OBLITERATE EXISTING ROAD Page 37 of 37 400 NORTH & US-191 INTERSECTION CONCEPT SCALE: DATE: 1 " = 60' 01-08-2016 �4