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HomeMy Public PortalAboutPKT-CC-2017-09-26Moab City Council September 26, 2017 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 92 Page 2 of 92 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, September 26, 2017 at 6:30 p.m. ..........................................•••••••••••••••••••••••••••• 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: Workshop — Discussion Regarding the Elimination of Conditional Uses CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 September 5, 2017 1-2 September 12, 2017 CITIZENS TO BE HEARD PROCLAMATIONS None PRESENTATIONS 4-1 Presentation by Public Works Regarding City Response to Area Flooding 4-2 Presentation by Deb Barton of the Grand County Solid Waste Special Services District #1 4-3 Presentation by Rocky Mountain Power Regarding an Energy Cooperation Statement SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) None SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 American Alpine Club Moab Craggin' Classic 2017 at Center Street Ball Fields 6-1.1 Approval of a Special Events License 6-1.2 Approval of a Park Use Permit 6-1.3 Approval of a Park Alcohol Event Permit 6-1.4 Approval of a Class IV Special Event Beer License 6-1.5 Granting of Local Consent for a state -issued Special Event Beer Permit 6-2 Approval of an Amplified Music Event at Old City Park on October 6.2017 6-2.1 Request for Amplified Music by Richard Mick 6-3 Request for a Waiver of a Park Use Fee (not to exceed 555) by Friends of Indian Creek to hold a Family Extravaganza at the Boulder Park and Lions Park Pavilion of Friday, October 27, 2017 Page 3 of 92 SECTION 7: NEW BUSINESS 7-1 Approval of Proposed Resolution # 55-2017 — A Resolution Approving an Extension of the Existing Solid Waste Collection Franchise Agreement 7-2 Approval of Proposed Resolution # 54-2017 — A Resolution Approving a Development Improvements Agreement with Moab Springs Ranch 7-3 Briefing on Proposed Shumway Annexation 7-4 Approval of a Task Order with Bowen Collins & Associates to Provide Professional Services for the 100 West Sewer Replacement Project 7-5 Approval of a Task Order with Bowen Collins & Associates to Provide Professional Services for a Geotechnical Investigation of the South Area Sewer Trunk Line 7-6 After Action Report on Entrada Development Contamination Issue 7-7 Consideration and Possible Approval of Proposed Resolution #53-2017 — A Resolution Approving the Employment Agreement by and between the City of Moab and David Everitt for the Position of City Manager SECTION 8: ADMINISTRATIVE REPORTS SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: READING OF CORRESPONDENCE SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 12: EXECUTIVE CLOSED SESSION 12-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 13: 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 at: www.moabcity.org Page 4 of 92 MOAB CITY COUNCIL MINUTES -- DRAFT SPECIAL MEETING SEPTEMBER 5, 2017 Special Meeting & Attendance: The Moab City Council held a Special Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. In attendance were Mayor Dave Sakrison, and Councilmembers Rani Derasary, Tawny Knuteson-Boyd and Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, Public Works Director Pat Dean, City Engineer Chuck Williams and Assistant City Engineer Mark Jolissaint. Special Meeting Called to Order: Mayor Sakrison called the Special City Council Meeting to order at 12:00 PM. Motion and Vote: Councilmember Derasary moved to award and approve the 2017 Chip Seal Coat Project to Le Grand Johnson Construction in the amount of $356,134. Councilmember Knuteson-Boyd seconded the motion. The motion carried 3-0 aye, with Councilmembers Jones, Derasary and Knuteson- Boyd voting aye. Motion and Vote: Councilmember Jones moved to approve a Purchasing Exception for a state approved contract purchase to Straight Stripe Paving in an amount not to exceed $49,900 for Pavement Marking Services. Councilmember Derasary seconded the motion. The motion carried 3-0 aye, with Councilmembers Jones, Derasary and Knuteson-Boyd voting aye. Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Derasary seconded the motion. The motion passed 3-0 with Councilmembers Jones, Knuteson-Boyd and Derasary voting aye. Mayor Sakrison adjourned the meeting at 12:06 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 1 of 1 September 5, 2017 Page 5 of 92 1-1 Minutes MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING SEPTEMBER 12, 2017 Regular Meeting & Attendance: 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. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre -Council Workshop: Mayor Pro-tem Tawny Knuteson-Boyd called the Workshop to order at 6:30 PM. In attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Public Works Director Pat Dean, City Treasurer Jennie Ross, Special Projects Manager Amy Weiser, Planning Director Jeff Reinhart, Police Chief Jim Winder, Recorder Assistant Eve Tallman, Parks, Recreation Trails Director Tif Miller and Moab Arts and Recreation Center Manager Meg Stewart. The Workshop consisted of an update from the City's Special Projects Manager, Amy Weiser. The first topic discussed was Restricting Semi -Truck Parking on Highway 191 within City Limits. She pointed out that the Utah Department of Transportation (UDOT) requires legislation to move forward with signage prohibiting overnight parking of semi -trucks on Highway 191 in City limits. Councilmember Derasary asked for clarification that overnight camping in City limits is prohibited. Councilmember Knuteson-Boyd noted her concern that prohibiting semi -truck parking on Main Street would possibly push overnight truck parking into the neighborhoods and side streets. Her other concern is finding an alternative, since long -haul drivers are often strictly limited to when they must stop driving. Other topics discussed included the International Dark Sky Community Designation by 2019, Affordable Housing, a Permanent Community Impact Board (CIB) Grant/Loan for the Utah State University (USU) Infrastructure Project and Pedestrian Safety. At the conclusion of the Special Projects Update, Police Chief Jim Winder gave an update to the Council, including a report on a Colorado River tour boat accident, a vehicle theft incident and a high -profile case reported from Salt Lake City regarding a law enforcement conflict in a hospital. He mentioned that he had assigned a School Resource Officer (Officer Larry Velasquez) to serve as the school resource officer in Grand County Schools. Winder added that a new animal control officer had been hired. He mentioned his work on the Throttle Down committee. He noted the local jail has reopened and that the Police Department is continuing to make progress on their departmental policy updates and that he felt it was critical to maintain up-to-date public safety policies. Winder read a letter of appreciation he received concerning the police handling of a vehicle chase situation. Councilmember Bailey asked about the Moab Police Department policy concerning automobile chases. Chief Winder explained the City's policy and approach to automobile chases. Councilmember Jones asked which juvenile offenses are being reclassified. Councilmember Derasary asked if the school resource officer assignment was full-time in the schools; Winder explained that the officer would be physically housed at the high school, would respond to calls at the Middle School and Elementary School and will spend most of his time interacting with school administrators and teachers. Chief Winder stated a small amount of the School Resource Officer's time could be utilized for backup on serious calls in the vicinity as needed. Page 1 of 5 September 12, 2017 Page 6 of 92 1-2 Minutes Regular Meeting Called to Order: (:32 on recording) Mayor Pro-tem Knuteson-Boyd called the Regular City Council Meeting to order at 7:01 PM and led the Pledge of Allegiance. Eighteen members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve the minutes of the August 22, 24 and 30, 2017 meetings with one correction. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Citizens to be Heard: Lee and Miki Bridgers spoke about their concerns with the Cross Creek Park, which is near their home, and the bridge project there, as well as the endangered yellow -billed cuckoo. They presented a petition to the Council containing citizen signatures reflecting their concerns. Special Events/Vendors/Beer Licenses: Moab 200 Running Event —Amended and Approved Motion and Vote: Councilmember Jones moved to approve licenses and permits for Destination Trail Events for the Moab 200 Running Event, October 13-17, 2017 at Lions Park. Councilmember Bailey seconded the motion. After discussion, Councilmember Jones amended the motion, and Councilmember Bailey seconded the amended motion. The amended motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Behind the Rocks Ultra —Approved Motion and Vote: Councilmember Derasary moved to approve a special event license for Mad Moose Events for the Behind the Rocks Ultra Running Event Expo, March 23, 2018 at the Moab Arts and Recreation Center, with conditions. Councilmember Bailey seconded the motion. The motion carried 5- 0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Arches Ultra —Approved Motion and Vote: Councilmember Jones moved to approve a special event license for Mad Moose Events for the Arches Ultra Running Event Expo, January 26, 2018 at the Moab Arts and Recreation Center, with conditions. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Amplified Music Event —Approved Motion and Vote: Councilmember Jones moved to approve a request by Kelly Wong for an Amplified Music Event at Lions Park on October 7, 2017. Councilmember Ershadi seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Quesadilla Mobilla—Approved Motion and Vote: Councilmember Ershadi moved to approve a Private Property Vendor License Renewal for 2017-2018 (October 2017 and March —September 2018) for Steven Lucarelli and Carrie Finn, doing business as Quesadilla Mobilla Located at 89 North Main Street. Councilmember Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Page 2 of 5 September 12, 2017 Page 7 of 92 1-2 Minutes RB Treats —Approved Motion and Vote: Councilmember Bailey moved to approve with staff recommendations a Private Property Vendor License for Brittany & Ryan Melton, doing business as RB Treats to conduct a Hawaiian Shave Ice Business, Located at 83 South Main Street for a term of September 12, 2017 to September 12, 2018. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Consent Agenda —Approved (:50 on recording) Motion and Vote: Councilmember Derasary moved to approve the Consent Agenda. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The following items were approved: 1) Approval of a Request to Send Proposed Ordinance #2017-33 —An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab to a Public Hearing on October 10, 2017 at approximately 7:15 PM. A preliminary hearing was set for September 26. 2) Approval of the First Amendment to an Interlocal Cooperation Agreement by and between the City of Moab and Spanish Valley Water and Sewer Improvement District. Old Business: (:58 on recording) Alcohol at Public Events held on Certain City Properties —Approved Motion and Vote: Councilmember Jones moved to approve Proposed Ordinance #2017-34 — An Ordinance Amending the Moab Municipal Code to Permit the Serving of Alcohol at Public Events held on Certain City Properties. Councilmember Derasary seconded the motion. City Attorney McAnany outlined the proposed changes, namely the City's ability to contract with a third -party alcohol vendor for City -sponsored events. Councilmember Bailey brought up the history of previous Councils designating areas for adults -only; City Attorney McAnany pointed out site -specific restrictions and Moab Arts and Recreation Center (MARC) Manager Stewart further clarified that the outdoor patio at the MARC would provide a sequestered venue, in keeping with state liquor law restrictions. The motion passed 4-1 with Councilmembers Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye and Councilmember Bailey voting nay. New Business: (1:04 on recording) C-5 Neighborhood Commercial Zone —Approved Motion and Discussion: Councilmember Bailey moved to Approve Proposed Ordinance #2017-32 — An Ordinance Amending Moab Municipal Code Chapter 17.30.020, Use Requirements, to Include a Use of Small Neighborhood Retail Business with Standards in the C-5, Neighborhood Commercial Zone and Add a Definition of the Use to MMC Section 17.06.020, Definitions. Councilmember Ershadi seconded the motion. City Planner Reinhart presented the proposed changes surrounding the small scale retail designation in the neighborhood zone. Councilmember Bailey noted there is pressure for the C-5 zone and he noted it was appropriate and he was comfortable with the proposal. Councilmember Derasary asked for more specificity in the proposed code, and asked about the language regarding goods and merchandize versus services. There was discussion about cafes versus retail. Councilmember Jones Page 3 of 5 September 12, 2017 Page 8 of 92 1-2 Minutes outlined concerns he has with use requirements and size limitations, and he also pointed out what he felt was unenforceable vague standards in the proposal. City Manager Everitt asked whether the ordinance should prohibit the rental of sports equipment in this zone. City Attorney McAnany noted it was intended for the corner store that appeal to local residents. Councilmember Ershadi asked for examples from other municipalities. Councilmember Bailey pointed out the need for the Planning Commission to address a larger plan for the 400 East business district. Councilmember Jones reiterated his concern with the nature of customers, either local residents or tourists, in the 400 East C-5 area. Vote: The motion passed 3-2 with Councilmembers Bailey, Knuteson-Boyd and Ershadi voting aye, and Councilmembers Jones and Derasary voting nay. Approval of Proposed Resolution #52-2017 — A Resolution Restricting the Parking of Semi -Trucks on City Streets and Highway 191 Right-of-way Within City Limits was canceled by Mayor Pro-tem Knuteson- Boyd. Housing Authority Grant —Approved (1:28 on recording) Motion and Discussion: Councilmember Jones moved to approve a request from the Housing Authority of Southeastern Utah (HASU) for a grant in the amount of $35,000 from Affordable Housing Funds to use for the Development of an Affordable Independent Senior Housing Project. Councilmember Ershadi seconded the motion. Ben Riley, HASU Director, and Amy Weiser, Special Projects Manager, presented the funding request. City Attorney McAnany noted rules exist for the disbursement of funds to entities and cautioned that as custodians of public funds cities have to demonstrate that they receive a fair exchange of value for funds appropriated and contributed. City Attorney McAnany further advised that the grant be applied for a specific purpose and recommended development of a grant agreement. Discussion surrounded how funding may be used in keeping with guidelines for matching funds; Councilmembers Derasary and Jones were in favor of using the monies for energy efficiency strategies. Mayor Pro-tem Knuteson-Boyd requested with consensus from the Council that City Attorney McAnany draft a contribution agreement for the funds. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. City Manager Employment Agreement —Tabled Motion and Vote: Councilmember Jones moved to table Proposed Resolution #53-2017 — A Resolution Approving the Employment Agreement by and between the City of Moab and David Everitt for the position of City Manager. Councilmember Bailey seconded the motion to table. It was agreed that Councilmembers Jones and Knuteson-Boyd and Human Resource Manager Dani Guerrero would convene the evaluation process. The motion to table passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi and Derasary voting aye. Administrative Reports: (1:59 on recording) City Manager Everitt informed the Council that he would have a report on the recent water contamination incident forthcoming. He continued with an update on progress regarding employee evaluations. He noted both Lisa Church and Rosemarie Russo have joined the staff as Communication and Engagement Director and Sustainability Director respectively. He added he is working on staff priority projects and mentioned his upcoming work with UDOT planning as well as a proposed resolution Page 4 of 5 September 12, 2017 Page 9 of 92 1-2 Minutes regarding the Deferred Action for Childhood Arrivals (DACA). Mayor and Council Reports: Councilmember Bailey reported that he attended a Special Service District training. Councilmember Jones reported his attendance at a meeting of the Colorado Ski Towns Association, where topics comparable to Moab's issues were discussed, including dark skies and vehicle noise management. He mentioned the Colorado Sustainable Main Street Initiative, which considers the dilemmas of main streets that are also through highways. Councilmember Jones also reported that he attended a solid waste district meeting and touched on recycling, he attended a Housing Task Force meeting, and he talked briefly about geo-design. Councilmember Knuteson-Boyd reported that she attended the ribbon cutting for the new Urgent Care facility, and, because she lives in the affected neighborhood, she experienced the water contamination event firsthand. Councilmember Derasary reported that she attended the Canyonlands Health Care Special Service District meeting and also attended the League of Women Voters' session introducing the City's new Sustainability Director, Rosemarie Russo, to the community. She noted she also attended both the recent Congressional District Three forum held at Star Hall, and the recent Town Hall with State Representative Albrecht and State Senator Hinkins. She reported that Hinkins is interested in feedback on legislative topics from the local governing bodies. Approval of Bills Against the City of Moab: Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $342,435.06. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Executive Session: At 8:49 PM, Councilmember Bailey moved to enter an Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson- Boyd, Ershadi, and Derasary voting aye. Councilmember Bailey moved to end the Executive Closed Session and enter into open session. Councilmember Ershadi seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The Executive Closed Session ended at 9:19 PM. Adjournment: Councilmember Ershadi moved to adjourn the meeting. Councilmember Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Mayor Pro-tem Knuteson-Boyd adjourned the meeting at 9:19 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 5 of 5 September 12, 2017 Page 10 of 92 1-2 Minutes Agenda Summary Sheet Council Meeting Date: September 26, 2017 #: 6-1 Title: Approval of Permits for the 2017 American Alpine Club Moab Craggin' Classic Fiscal Impact: Minimal Impact Staff Presenter(s): Carmella Galley Department: Administration Applicant: American Alpine Club Background/Summary: This request is for the Moab Craggin' Classic to be held Friday October 27 and Saturday October 28, 2017. This is a community event organized to raise money for the American Alpine Club, a non-profit member organization whose goal is "a united community of competent climbers and healthy climbing landscapes." The two-day event will include climbing clinics taught by professional athletes and guides, films, slideshows, presentations, music, food and a local stewardship and conservation project. The main event will be held on Saturday at the Center Street Ball Field with vendors, music, food and beer provided by Moab Brewery. Please note that several of the required/permits are contingent upon other approvals. The following approvals are needed: 1. Approval of a Special Event License 2. Approval of a Park Use Permit for Center Street Ball Fields 3. Approval of a Park Alcohol Permit for Center Street Ball Fields 4. Approval of a Class IV Special Event Beer License 5. Granting of Local Consent for a state -issued Special Event Beer Permit Options: Approve, deny, or modify. Page 11 of 92 6-1 Special Events/Vendors/Beer Licenses Staff Recommendation: Staff recommends Approval of the Moab Alpine Club Craggin' Classic with the following conditions: 1. Applicant will provide an updated vendors list one week prior to the event. 2. There will be no vehicles parked on the lawn. 3. Organizer will communicate with the Parks Superintendent concerning electrical needs for the event as well as placement of pop- up tents, stage and other needs. 4. Pop-up tents are not to be staked into the grass. Recommended Motion: I move to approve the required permits for the 2017 American Alpine Club Moab Craggin' Classic." Attachment(s): - Special Business Event License Application Vendor List - Special Use of City Parks - Retail Beer License Application - Single Event Permit Local Consent Page 12 of 92 6-1 Special Events/Vendors/Beer Licenses DATE PAID: AMOUNT PA(D: RECEIPT NO.: �1-10-li aoo -' aio�s� CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT PEE: Level 1-$200.00 Level 2-$400.00 LICENSE #: ZONE: NAME OF EVENT: DESCRIPPON OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: 21-~ car. itif); tie._ Etta /4,,b , n ' C s5 „ouvGa ,,,cL c West -side Ball Fields on Center Street TEMPORARY STRUCTURES TO BE USED (IF ANY): Pop-up tents DATE(S) AND TIME(S) OF EVENT: October 27 & 28, 4 - 1Dpm ANTICIPATED # OF EVENT PARTICIPANTS: 200 EVENT SPONSOR'S NAME: American Alpine Club SPONSOR'SADDRESS: 710 10th Street, Suite 100 CITY: Golden CONTACT'SEMAILADDRESS: nate@moabdesertadventures.COm PHONE: STATE: CO ZIP: 84532 THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. INVE AtAte- St [fir HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB PLEASE PRINT NAME(S) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION1ci1D SPONSOR. State of Utah County of Grand Signatur ! Sponsor SS ) f SUBCRIBED AND SWORN to before me this { day of 5/51({7 Date Stephanie lean Haycock Notary Public State of Utah .(' :- My Cammisslon Expoex on: .. � J October 1, 2020 �;•• Comm. Number: 691191 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Rev. 6/2017 Page 13 of 92 6-1 Special Events/Vendors/Beer Licenses ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Rev: 6✓2017 Page 14 of 92 6-1 Special Events/Vendors/Beer Licenses Z6 Jo S L abed Special Events/Vendors/Beer Licenses SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax C_oIlection• A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either. 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: DATE(S) OF EVENT: BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD SSN AND/OR SALES TAX ID OR TAX EXEMPT NO. CAMP USA GLEN GRISCOM - GL,ENOCAMP-USA,COM NONE SCARPA SAM KILGORE - SAMnQ SCARPA.COM NONE ARCTERYX JUSTIN SWEENEY - JUSTIN.SWEENYeARCTERYX.COM NONE ROCK&ICE PAULA STEPP - PS@BIGSTONEPUB.COM NONE PETZL DAVE BURLESON - DBURLESONAPETZL.COM NONE BOULDER DENIM BRADLEY SPENCE - DSPENCEOGMAIL.COM NONE LOWA CHRISTIAN MCCONNELL - CHRISTIAN@LOWA.NET NONE MSR SETH DENNIS - SETH.DENNISOCASCADEDESIGNS.COM NONE STERLING ROPE LIZ MCLELLAN - LIZ@STERLINGROPE.COM NONE PRANA KATIE HETRICK - KATLHEfRICK@GMAIL.COM NONE TRANGO BRENNA PRIEST - BPRIESTAGTHI.COM NONE 09/08/03 City of Moab PYMT REVD CITY OF MOAB SEP - $ 2017, APPLICATION FOR THE SPECIAL USE OF CITY PARKS AMT Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: Nate Sydnor Name of Organization and Event if applicable: American Alpine Club, Moab Craggin Classic Address: 710 10th Street, Suite 100 Golden, CO 80401 Day Phone: 804-814-3872 Email: nate@moabdesertadventures corn Proposed Park Usage Information Which park to you intend to use? Swanny Park: Other (please indicate name of park West Side Ball Fields on Center St. Please indicate the proposed dates and times of use: Proposed Start Date: Oct. 27 Start Time: 4pm am/pm End Time• t °Pm am/pm Proposed End Date. Oct 28 Start Time: 401 am/pm End Time• 1cr" am/pm Please specify what areas of the park are proposed for use• Northeast quadrant of West Side Ball Fields For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: 200 Number of spectators that you expect: 0 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Pop-up tents Will amplification be required for your event? Yes x No Please specify any electrical needs for your event: Lighting and hookups far live music Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. Adjacent parking will be used Otherwise, participants will be walking or biking from other parts of town If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. PLEASE COMPLETE OTHER SIDE Raw ifi]@If 6-1 Special Events/Vendors/Beer Licenses Do you intend for the park to be open to the public during your event? Yes No X Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes X No Please describe any security or crowd control measures you plan for use of the park: Volunteers will be placed at all entrances to check IDs and provide bracelets for identification For groups over 100 people, please describe your refuse control and recycling plan: Any excess refuse not contained within city facilities will be collected and disposed of off -site Please describe your clean-up plan during and after the event: Volunteers and event coordinator will monitor site and remove all excess refuse and recycling from premises Please describe your restroom facility plan: Participants will use on -sight restroom facilities Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: This event will be bringing participants from a wide-ranging area, providing the city with economic benefit from restaurant use, retail sales, hotel accommodations, camping fees, fuel, and grocery purchases Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes X No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any condir,'ons attached to this .ermit. 5ignature of Contact Person' Date. 8131/17 Office Use Only Public Works Review: Police Department Review: Administrative Review - Park Use Fee: Date Fee Paid: Date of City Council Approval: Insurance Received: Final Set up Diagram Received - Special Conditions or Requirements: Other Required Permits and Approvals FkiikVicolf44 6-1 Special Events/Vendors/Beer Licenses C r� I IV1 LU_Lb f b.l pg kris fop n is-k.J w� httnc • flrn ni I nrnnl a rnm !m hnv 11 FR7Rh477d7FRnQr17nrrii artnr =1 Page 18 of 92 111 6-1 Special Events/Vendors/Beer Licenses DATE PAID: AMOUNT PAID: RECEIPT NO.: q-U-S1 610, a 1041t4 CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 LAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: ❑ CLASS II FEE: ❑ PRIVATE CLUB ❑ CLASS III FEE: V LASS IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: Nate Sydnor HOME ADDRESS: 138 Ute Circle SOCIAL SECURITY NUMBER: . DRIVER LICENSE NUMBER R STATE: CITY: Moab DATE OF BIRTH: HOME PHONE: 804-814-3872 STATE: UT ZIP: 84532 BUSINESS INFORMATION BUSINESS NAME: BUSINESS ADDRESS. BUSINESS MAIUNG ADDRESS: American Alpine Club 710 10th St , Suite 100 Same CITY: Golden SALES TAx I D #: BUSINESS PHONE: 734-255-4488 STATE: CO ZIP: 80401 WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) ❑ CLASS I ❑ CLASS II ❑ PRIVATE CLUB ❑ CLASS III 0 CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. 1. VVill you also serve liquor, wine or heavy beer (over 3.2% by weight)? 0 No ❑ YES (Requires 'Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: Selection TBD by Moab Brewery `Beer application is for 3.2% by weight only. Also requires,a State license. 09 21 0 Fias*1224192% 6-1 Special Events/Vendors/Beer Licenses 3. Have you ever been convicted of any offense other than a minor traffic violation? ® No ❑ YES (If yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class 1, 11, Private Club and Class IV. Class 1l1 Applicants MUST contact the Moab City Police Department License Investigator as soon as possible to be fingerprinted and photographed. A background check is also required. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED In DISAPPROVED ❑ REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: 13:4043effN 6-1 Special Events/Vendors/Beer Licenses RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. Applicant's Signature STATE OF UTAH } : ss COUNTY OF GRAND } ����r� SN(61,tA0( � bein first dul sworn on his/her oath de oses and sa s: That Ifli 9 Y p Y he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this 4)1 day of N. ary Public Stephanie Jean Haycock Notary Public State of Utah My Commission Expires on; October 1, 2020 Comm. Number: 691191 44 il% 6-1 Special Events/Vendors/Beer Licenses CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: The event will be held October 27 8, 28, 4pm - 9pm both days. Location is proposed at City Ball FieldsNVest Side Ball Fields on Center Street. This event is a fundraiser for the American Alpine Club. 2. Please provide a floor plan or detailed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; 3. Please state the purpose of the association or entity conducting the event: The mission of the American Alpine Club is to represent the national climbing community, providing grants, community service, rescue insurance, and multiple other services to members and non-members alike. 4. I NJ-4- 5yo`i'le hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on 06.-t-- Z7 4-2-5, starting at:oC PM, and located at Mfiz54-- 5 11)AR F A> (emu— for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: DATE: THIS 2)\. DAY OF k ll� 4 STATE OF UTAH ) ) SS COUNTY OF GRAND ) f\d\\ S\IA• SUBSCRIBED AND SWO N TO BEFORE ME BY tll,' wi I `LY w ,t, .I'f , zicia. Stephanie Jean Haycock Notary Public State of Utah My Commission Expires on: October 1, 2020 Comm. Number: 691191 ON iiisisp2-25ciSr92% 6-1 Special Events/Vendors/Beer Licenses SINGLE EVENT PERMIT Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission to issue an event permit to an organization for the purposes of storage, sale, offer for sale, furnish, or allow the consumption of an alcoholic product on the event premises AUTHORITY: Utah Code 32B-9-201 t7C_0 , [ City [ ] Town [ ] County, hereby Applicant Event Event On the during Local grants its consent Entity/Organization: Name: G t� business license authority to the issuance of a temporary single event permit license to: Ajnij f L"" At!,,tc.... Di,.. CTazv,` t` (,(r�.S S i (` location address: A L5F 53,-- i� r' z�5 3 U0 � Ce-nk�" 5#- ! ► o� at— U i S 3 -2 1 slrccl ) coy slate zip 2-74-k- 4--- 2-5 14' day(s) of 0Ui- -0 4- el- a l 7 dates month }ear the hours of Li— Niof, , pursuant to the provision of Utah Code 32B-9. dermc hours from — to We recommend this entity as conducting a civic or community enterprise* ] ] Yes [ ] No [ [ Not providing a recommendation *As Part of local consent whether the entity is function that is in the educational, recreational, community enterprise" Single event permits attempting to avoid the required by 32B-9-201(1)(c), the locality may provide a recommendation as to conducting a civic or community enterprise. A civic or community enterprise means a nature of a temporary special event such as a social, business, religious, political, governmental, cultural, charitable, athletic, theatrical, scholastic, artistic, or scientific event. A "civic or generally is a gathering that brings members of a community together for the common good. may not be issued to or obtained by an entity or organization for the purpose of avoiding or requirement of state retail alcohol licensing. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. AS OF SEPTEMBER 1, 2015, LOCAL CONSENT MUST BE SUBMITTED TO THE DABC BY THE APPLICANT. Page 23 of 92 6-1 Special Events/Vendors/Beer Licenses Agenda Summary Sheet Council Meeting Date: September 26, 2017 #: 6-2 Title: Request for Amplified Music at Old City Park on Friday, October 6, 2017. Fiscal Impact: None Staff Presenter(s): Carmella Galley Department: Administration Applicant: Richard Mick Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. The Mick Wedding is requesting amplified music from 4:00 pm to 9:00 pm. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of the request. Approval is subject to compliance with all Parks Policies, which provides that approved sound amplification shall not extend beyond 9 pm. Recommended Motion: "I move to approve the request for amplified music at Old City Park for the Mick Wedding on Friday, October 6, 2017." Attachment(s): • Written request from applicant Page 24 of 92 6-2 Special Events/Vendors/Beer Licenses Carmella Galley <carmella@moabcity.org> Fwd: Mick wedding. 1 message Leigh Anne Reinhart <shop@moabcity.org> Tue, Sep 19, 2017 at 10:38 AM To: Carmella Galley <carmella@moabcity.org> Leigh Anne Reinhart Administrative Assistant Moab City, PWD (435)-259-7485 Forwarded message From: Richard Mick <richardmick89@gmail.com> Date: Tue, Sep 19, 2017 at 10:36 AM Subject: Mick wedding. To: Shop@moabcity.org To whom it may concern. I have reservations for the old city park October 6th. We would like to have amplified music. I have paid the park and amplified music fees. Just requesting permission for amplified music. Sincerely Richard Mick 4352594567 Page 25 of 92 6-2 Special Events/Vendors/Beer Licenses Agenda Summary Sheet Council Meeting Date: September 26, 2017 #: 6-3 Title: Approval of a Fee Waiver for the Friends of Indian Creek (FDIC) to hold a Family Extravaganza at the Boulder Park and Lions Park Pavilion on Friday, October 27, 2017. Fiscal Impact: There is no Fiscal Impact to the City besides the $85.00 dollar park rental fee. Staff Presenter(s): Carmella Galley Department: Administration Applicant: Christina Sloan/Friends of Indian Creek Background/Summary: This will be the Second Annual Family Extravaganza at the Boulder Park/Lions Park. The applicant is requesting a fee waiver based on the following: • FOIC built the Boulder Park and donated it to the City; • FOIC is a 501(c)(3) non-profit organization; • The Moab Family Extravaganza is for local families only; • FOIC is not charging a fee or asking for donations at the event; • FOIC is giving away approximately 55 pairs of climbing shoes to kids in the BEACON after -school program and MVMC Amigos Club and a piece of climbing gear to every kid who attends. Options: Approve, deny, or modify. Staff Recommendation: The Special Events Coordinator and Parks Department has reviewed the application and find the Park is available for this event without conflict. The following conditions apply: Page 26 of 92 6-3 Special Events/Vendors/Beer Licenses 1. Trash and Recycling to be removed following the event. Recommended Motion: "I move to approve the $85.00 Fee Waiver for the Friends of Indian Creek (FDIC) Family Extravaganza to be held on October 27 2017. Attachment(s): Special Use of City Park Application - Fee Waiver Request Fee Waiver Criteria Page 27 of 92 6-3 Special Events/Vendors/Beer Licenses 1t+ OAB City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY imiiimmoriiih. Applicant Information ..mannummumminiuml Name of Person Responsible for Use of Park: t! - (-l> j ter A-- 7 I 0 flINf j � �� � � k , rvi\ PIA?-61 f- T Name of Organizatioil and Event if appli a le: F'i' i U� [;� i I\,�� f\- j\ t E .(.1. u Address: i ?,L 1(--; I i v LC,CO') Day Phone: i.t , = 2_S- -i—rlEik-11 Email: ` ', R-1 C(�`�1� .�i(,�1 �f,�,�,�."V71 11Afc>t�r1 Inimmiiiimiii2Loposed Park Usage Information Which park to you intend to use? Swanny Park Other (please indicate name of park. L I (: f1 l Ci r 1 Please indicate the proposed dates and times of use:_, 2 _ , Proposed Start Date: ( rf -'1 1 IT Start Time: ') } a End Time. `f am� ' Proposed End Date: r Or-2-4 1-1- Start Time: am/pm End Time: am/pm yr- j Please specify what areas of the park are proposed for use.1' V l 1 11�i l �� �., . ( ��� i� For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of ail structures and facilities. Lff L.,Number of participants you expect: , Number of spectators that you expect: t � Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: 1\\ Will amplification be required for your event? Yes Please specify any electrical needs for your event: No (k CV. S4NlL <>�L�CCk- +- 4 L l I r_ i Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. 610+-1(L(t4B--o (-Ct If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. PLEASE COMPLETE OTHER SIDE Page 28 of 92 Page 10 of 26 6-3 Special Events/Vendors/Beer Licenses Do you intend for the park to be open to the public during your event? Yes Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No No Please describe any security or crowd control measures you plan for use of the park: \t Viak_CuS,,) For groups over 100 people, please describe your refuse control and recycling plan: i Please describe your clean-up plan during and after the event: Please describe your restroom facility plan: C U_ Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the comma tty: s�.Aik-0 9 �U v 1 (,Lc...- \Qck--V L— 'ts =G r a i it i 1.:e� C')1,( Please specify and describe other community or city facilitie that you plan to use: C V if .V91V) 'E—C I t--&[t Have you applied for a Special Event Permit for this use? Yes No ><- a L(sLk.,, 1 CUD Ic Will you be able to provide proof of insurance, showing the City as an additional insu edy.s.yes , 4— '14 q L l i 1—Cd ) � I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to_t�}isermit. Signature of Contact Person: Date. CI rJ L Office Use Only Public Works Review: Park Use Fee: Date Fee Paid: Date of City Council Approval: Insurance Received: Final Set up Diagram Received• Special Conditions or Requirements: Police Department Review: Administrative Review - Other Required Permits and Approvals Page 29 of 92 Page 11 of 26 6-3 Special Events/Vendors/Beer Licenses Carmella Galley <carmella@moabcity.org> Re: Moab Family Extravaganza at Moab Boulder Park Oct. 27, 2017 Christina Sloan <sloan@thesloanlawfirm.com> To: Carmella Galley <carmella@moabcity.org> Cc: Leigh Anne Reinhart <shop@moabcity.org> Thank you Carmella! I've attached the application. I'd also like to request a fee waiver based on the following: Wed, Sep 20, 2017 at 11:21 AM FOIC built the Boulder Park and donated it to the City; FOIC is a 501(0(3) non-profit organization; The Moab Family Extravaganza is for local families only; FOIC is not charging a fee or asking for donations at the event; FOIC is giving away approximately 55 pairs of climbing shoes to kids in the BEACON after -school program and MVMC Amigos Club and a piece of climbing gear to every kid who attends. Let me know if you need anything else from me for that fee waiver request. Thanks! Christina R. Sloan, Esq. The Sloan Law Firm, PLLC 76 South Main Street, Suite 1 Moab, UT 84532 435.259.9940 The information contained in this e-mail message is protected by the ATTORNEY CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. It is intended only for the use of the individual named above, and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail message or any other reader is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone, and permanently delete the message. Should you have any questions, please contact The Sloan Law Firm, PLLC at 435.259.9940. Thank you. From: Carmella Galley [maiito:carmella@moabcity.org] Sent: Wednesday, September 20, 2017 10:35 AM To: Christina Sloan <sloan@thesloanlawfirm.com> Cc: Leigh Anne Reinhart shop@moabcity.org> IQuoted text hidden] Page 30 of 92 6-3 Special Events/Vendors/Beer Licenses City of Moab City Council Policy Regarding the Consideration of Fee Waiver Requests It is the general policy of the Moab City Council to not consider requests for fee waivers for city programs, services, permits and licenses. Further, the City Council has determined that exceptions to this general policy may be made at the sole discretion of the City Council, subject to certain conditions, as follows: 1. Requests for an exception to the fee waiver policy shall be made in writing at one month prior to the event or service for which the fee is charged. Such requests shall be submitted to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and the request will be considered as a request for a refund rather than a waiver. 2. The following fees are not subject to an exception under this policy: a. Fees related to public works, including but not limited to water and sewer fees, water and sewer impact fees, storm water drainage fees and solid waste fees. b. Fees related to planning and zoning, including but not limited to subdivision fees, annexation fees and permit fees. c. Fees related to recreation programs and services. d. Fees related to law enforcement, with the exception of traffic control and security fees associated with a special event. e. Fees related to alcohol. f. Other fees not provided for in this policy. 3. The City Council may consider an exception to the fee waiver policy for special -event - related fees, including special event permit fees, special event business license fees, park use permit fees, banner fees, and traffic control fees and security fees, if the organization requesting the exception meets at least one of the following criteria: a. The event, as its main function, is a fundraiser for a charitable organization that provides services to Moab residents. b. The organization sponsoring the event has in the past made and commits to continue to make in the future, a financial donation to the City that covers all or a portion of the costs associated with the event for which the organization is seeking an exception. c. The event organizer is a governmental entity. d. The event's primary purpose is to provide a school program or to benefit a school or school program. e. The primary purpose of the event is to provide a community -wide celebration or program that is offered free of charge to community members. f. The event is one that has been provided by the City in the past. 4. The City Council may consider an exception to the fee waiver policy for building permit fees only for requests made by Grand County or the City of Moab for county or city -owned facilities. Page 31 of 92 6-3 Special Events/Vendors/Beer Licenses Moab City Council Agenda Item Meeting Date: September 26, 2017 # : 7-1 Title: Solid Waste Hauling Contract Extension Date Submitted: September 21, 2017 Staff Presenter: David Everitt Attachment(s): Draft Franchise Agreement Extension Options: Approve, deny, or modify. Recommended Motion: I move to adopt the "A RESOLUTION APPROVING AN EXTENSION OF THE EXISTING SOLID WASTE COLLECTION FRANCHISE AGREEMENT." Background/Summary: The current waste hauling agreement between the City and Monument Waste expires in November 2017. Pursuant to direction from the City Council, staff prepared an extension to the Solid Waste Collection Franchise Agreement that will expire in November 2o18. The extension provides for all of the same conditions as the original contract, except that the rates are provided for by resolution of the City Council. The City will develop a revised RFP for waste hauling services during the 2o18 calendar year. Page 32 of 92 7-1 New Business CITY OF MOAB RESOLUTION NO. 55-2or A RESOLUTION APPROVING AN EXTENSION OF THE EXISTING SOLID WASTE COLLECTION FRANCHISE AGREEMENT a. The City is under contract with Monument Waste Services, LLC (Contractor) to provide for the collection of solid waste within the City of Moab. b. The City is satisfied with the current performance by Contractor, and desires to extend the existing Solid Waste Collection Franchise Agreement for an additional period through and including November 1, 2018. Therefore, the City Council hereby approves the attached contract amendment and authorizes the Mayor to sign same. Passed and adopted by the governing body in open session this day of , 2o17. City of Moab By: Mayor David L. Sakrison Attest: By: Rachel Stenta, Recorder Page 33 of 92 7-1 New Business SOLID WASTE COLLECTION FRANCHISE AGREEMENT EXTENSION For valuable consideration, the City of Moab (City) and Monument Waste Services, LLC, a Utah limited liability company (Contractor), acknowledge and agree as follows: I. Recitals. a. Contractor currently provides solid waste collection services to customers in the City pursuant to a Solid Waste Collection Franchise Agreement, dated November 30, 2009, as amended (the Agreement). b. The City is currently evaluating whether changes to its solid waste collection practices and policies should be made. c. It is necessary to continue solid waste collection services without interruption, and the City is currently satisfied by the performance by Contractor. II. Agreement. 1. The foregoing recitals are incorporated by reference. The Agreement is hereby amended to have a term which is extended to November 1, 2018, expiring automatically on that date. All other terms of the Agreement shall remain in full force and effect. 2. This extension shall take effect automatically upon execution by both parties. City of Moab By: David L. Sakrison, Mayor Date Attest: By: Rachel Stenta, Recorder Date Monument Waste Services, LLC By: Dan Kirkpatrick, President Date -End of Document - Page 34 of 92 7-1 New Business Moab City Council Agenda Item Meeting Date: September 26, 2017 #: PI-17-135 Title: Adoption of Resolution #54-2017 to Approve the Subdivision Improvements and Development Agreement for the Final Plat of Phase 7 of the Moab Springs Ranch PUD Located at 1266 North HWY 191 in the C-4 General Commercial Zoning District as Referred to Council by Staff Date Submitted: September 18, 2017 Staff Presenter: Jeff Reinhart, City Planner Attachment(s): Draft Agreement and Final Plat, Cost Estimates, and Draft Resolution #54-2017 Options: Approve, deny, or modify. Recommended Motion: I move to adopt Resolution #54-2017, to approve the Subdivision Improvements and Development Agreement for the Final Plat, Phase 7 of the Moab Springs Ranch PUD. Background/Summary: The Planning Commission reviewed the twelve -lot Final Plat for Phase 7 of the Moab Springs Ranch Planned Unit Development on July 27, 2017 and subsequent to the review, voted to favorably recommend the final plat to Council. The proposed phase includes utilities and twelve single family lots that will be individually platted along a private street, Arrowhead Lane that was approved with the Master Plan submitted to Grand County. The City agreed to the complete master plan upon annexation into the corporate limits. Access to the property is from North HWY 191. The private utilities and streets will be constructed as required and indicated by the attached estimate of probable costs. Recommended Motion: I move to adopt Resolution #54-2017, to approve the Subdivision Improvements and Development Agreement for the final plat, Phase 7 of the Moab Springs Ranch PUD. Page 35 of 92 7-2 New Business CITY OF MOAB RESOLUTION #54-2017 A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT FOR THE FINAL PLAT OF MOAB SPRINGS RANCH, PHASE 7, ON PROPERTY LOCATED AT 1266 NORTH HIGHWAY 191 WHEREAS, Mr. McKay Edwards, "Applicant", at 1266 North Hwy 191, Moab, Utah 84532, acting on behalf of Club Utah Resort Group, LLC, applied for the approval of the Final Plat, Phase 7 of the Moab Springs Ranch Planned unit Development on the described property in the C-4, General Commercial Zone; and WHEREAS, Applicant is proposing to construct the associated private utilities and access improvements and adequate parking and landscaping for twelve building lots, as proposed on the submitted drawings, plans and specifications; and WHEREAS, the proposed lodging uses are allowed in the C-4 as listed in Moab Municipal Code (MMC) Chapter 17.65; and WHEREAS, Applicant provided the City of Moab with the necessary documents, plans, drawings, and probable costs for improvements to complete the application for review of the subdivision as required in Code Title 16.00, Subdivisions, and other pertinent code sections; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed and conditionally approved the development in a regularly scheduled public meeting for compliance with the requirements of applicable MMC chapters on July 27, 2017; and WHEREAS, Staff determined that necessary improvements needed to be constructed for the project and Applicant must execute a Subdivision Improvements Agreement with the City of Moab for said private improvements; and WHEREAS, the City Council reviewed the Agreement in a public meeting held on September 26, 2017; and WHEREAS, Applicant agrees to construct the listed improvements in the attached Development Improvements Agreement as "Required Improvements". NOW, THEREFORE, be it resolved by the Moab City Council, the adoption of Resolution #54-2017, hereby approves the submitted Improvements Agreement (attached) for the Moab Springs Ranch Phase 7 at 1266 N. Highway 191 and the Council directs the Mayor to sign the Agreement. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on September 26, 2017. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Page 36 of 92 7-2 New Business SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT For MOAB SPRINGS RANCH, PHASE 7 For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and CLUB UTAH RESORT GROUP, LLC (Developer), referred to as the Parties, enter into the following Subdivision Improvements and Development Agreement (the Agreement), pursuant to Moab Municipal Code (MMC) Chapter 17.66, to govern the development of the subject property and the installation of subdivision improvements required by City Code. I. RECITALS. a. On or about October 12, 2004, the City and Developer entered into an Amended Pre -Annexation and Vesting Agreement, which governed the development of Moab Springs Ranch development (the Development) comprising approximately 17.81 acres within the City. b. Developer has submitted and received the necessary approvals from the City for Phase 7 of the Development (referred to here as the Subdivision), and this Agreement is necessary to govern the completion of all necessary improvements in conjunction with the recording of the Phase 7 Plat. II. AGREEMENT THE PARTIES AGREE AS FOLLOWS: 1. Covered Property. The recitals above are incorporated into this Agreement. The real property in the County of Grand, State of Utah, subject to this Agreement (the Property) is described in Exhibit 1, attached. 2. Payment of Fees; Approved Land Uses. Developer agrees to pay all in -effect City fees applicable to the Subdivision, including but not limited to, impact fees, connection fees, building permit fees, and applicable inspection fees. Applicable fees shall be calculated and paid at the time of connection or the time when the service is performed. a). Approved land uses for the Subdivision shall be twelve (12) multi -family residential units, a private road (Arrowhead Lane), common area, and private culinary water/sanitary sewer facilities, as shown on Exhibit 1. 3. Required improvements. Developer shall construct all of the improvements on and adjacent to the Property shown on the Plat and Construction Plans as shown in Exhibit Page 37 of 92 7-2 New Business Club Utah Subdivision Improvements Agreement, Phase 7 Page 2 of 9 2 (the Required Improvements), including: a) private sanitary sewer lines, manholes, and other improvements; b) private culinary water lines, fire hydrants, and valves; and c) gravel roadway, concrete v-pans, curbs, gutter, and sidewalks. Required Improvements shall include the improvements shown on the Construction Plans, attached as Exhibit 3. 4. Improvements to be Completed in Conformance with Construction Plans. All Required Improvements shall be constructed in a workmanlike manner and in conformity with the approved Construction Plans. No deviations from the Construction Plans shall be permitted, except as authorized in writing by the City Engineer upon a showing of good cause. In addition, all Required Improvements shall be completed in conformance with the City of Moab Public Improvement Specifications, building codes, and all state and federal regulations, as applicable. 5. Timeline for Completion. Construction of all Required Improvements shall be completed within one hundred eighty (180) days from the Effective Date of this Agreement. a). A reasonable extension of time for the completion of the Required Improvements may be granted, at the discretion of the City Council, upon a showing by the Developer that there is good cause for an extension and that the work has been diligently prosecuted from the Effective Date of this Agreement. Without limiting this provision, good cause may include an extension of time due to the need to complete building construction prior to the completion of curbing, sidewalks, or landscaping, or as otherwise needed to provide for orderly construction and avoid damage to improvements in the course of other construction. b). If the construction of the Required Improvements is not completed and accepted within the timelines specified herein, or as lawfully extended, then the Subdivision of the Property and all development approvals shall be deemed lapsed and shall have no further effect. 6. Lot Sales, Building Permits, Plat Recording. No Building Permits will be issued until such time as all of the Required Improvements are completed and, with respect to public improvements (if applicable), accepted by the City, except that building permits may be issued if Developer provides a Financial Assurance to the City conforming to Section Eight, below. No final plat for the Subdivision shall be executed by the City or submitted for recording until such time as either: a) all of the Required Improvements are completed in accordance with this Agreement and, with respect to public improvements, accepted by the City; or b) a Financial Assurance conforming to Section Eight is delivered to the City. Developer shall not convey or purport to convey any lot within the Subdivision prior to the recording of the final plat. Any purported conveyance of lots by Developer prior to approval and recording of a final plat of the Subdivision, or otherwise in violation of this Page 38 of 92 7-2 New Business Club Utah Subdivision Improvements Agreement, Phase 7 Page 3 of 9 Agreement, shall be void. 7. Acceptance of Improvements, Warranty. All of the public improvements comprising the Required Improvements (if any) shall be subject to quality assurance testing and inspection as specified in the Construction Plans and/or applicable reference standards. Developer or its authorized representative shall provide not less than forty eight (48) hours minimum notification to City when inspection is required. The costs associated with such testing and inspection shall be the responsibility of Developer. Any work which is rejected following inspection must be repaired or replaced at the sole cost of the Developer. Any work which is covered up prior to inspection may be rejected, in which case Developer shall be solely responsible for exposing the work and arranging for inspection. a). The acceptance by the City of the public improvements comprising the Required Improvements following completion and satisfactory inspection shall constitute a dedication and conveyance by the Developer to the City of all such improvements. Developer shall convey all public improvements to the City free and clear of any mechanic liens, claims, or other encumbrances. b). Developer warrants that all public improvements dedicated to the City shall be constructed in a workmanlike manner, in accordance with approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City. Developer shall promptly repair or replace any defective work following receipt of written notice under this warranty from the City. c). Developer additionally warrants that all public improvements shall be delivered free and clear of any mechanic liens or other encumbrances. The City may require receipt of executed mechanic lien releases as a condition precedent to dedication of public improvements. 8. Financial Assurance. If the Required Improvements are not completed within the one hundred eighty (180) day deadline specified in this Agreement, or if Developer desires to record a final plat or obtain a building permit in advance of the completion of all of the Required Improvements, then the Developer may, subject to approval by the City, deliver a Financial Assurance, in a form acceptable to the City for the use and benefit of City and to secure the completion of the Required Improvements which remain to be completed. The Financial Assurance shall be in the form of a performance/payment bond, escrow account, letter of credit, cash deposit with the City, or other financial instrument approved by the City Attorney in an amount which is not less than ninety six thousand four hundred sixty two dollars and fifty cents ($96,462.50). The amount of the Financial Page 39 of 92 7-2 New Business Club Utah Subdivision Improvements Agreement, Phase 7 Page 4 of 9 Assurance represents one hundred twenty five percent (125%) of the construction cost set forth in the Plat and Construction Plans of Exhibits 2 and 3. If a Financial Assurance is approved according to this Section Eight, Developer shall have up to one hundred eighty (180) additional days from the Effective Date of this Agreement in which to complete the Required Improvements. 9. Cease and Desist Notice. If the Required Improvements have not been completed within the time provided in this Agreement or, in lieu of same, a Financial Assurance approved pursuant to Section Eight, above, then the City may issue an immediate cease and desist order to Developer and all work shall be discontinued until such time as an acceptable Financial Assurance has been established. If Developer fails to take timely steps to deliver an acceptable Financial Assurance or complete the Required Improvements, then the City may record in the land records an Affidavit of Lapse of Plat/Plan and invoke such other remedies as may be available under this Agreement or at law. 10. Partial Releases of Financial Assurance. Upon partial completion of any class of improvements within the Required Improvements Developer may request a partial release of the Financial Assurance. The amount of the release shall be equal to the agreed cost of the completed improvements, as determined by the City Engineer. Partial releases shall not be made for partial completion of a class of improvements. a). In order for Developer to receive such partial release, the following shall be presented to City: i. A completed Escrow/Financial Assurance Partial Release Form supplied by City; ii. Copies of all quality assurance test results/inspection reports required for the completed improvements; iii. Copies of all weight/quantity tickets for materials incorporated in the work for all items that were estimated on the basis of weight/quantity; and iv. Copies of all invoices or receipts for materials delivered to the site and incorporated in to the work for which a partial release is being requested. b). The partial release request shall be reviewed for completeness and accuracy by City Public Works Director and/or City Engineer. The City may adjust the amount of the request if field inspection shows that quantities are not accurate, or all items of work have not been completed in accordance with the approved Construction Plans. c). City shall process a release request promptly following receipt of a complete application. Page 40 of 92 7-2 New Business Club Utah Subdivision Improvements Agreement, Phase 7 Page 5 of 9 11. Final Release of Financial Assurance. If applicable, upon completion of all Required Improvements in accordance with the approved Construction Plans, Developer may request that the remainder of the Financial Assurance be released, provided that Developer delivers executed mechanic lien waivers/releases from all contractors who performed work on the project and all suppliers who supplied materials that were incorporated into the work, together with a written certification by Developer that all outstanding charges for the Required Improvements have been paid and that there are no other liens, encumbrances, or other restrictions affecting the improvements. 12. Use of Financial Assurance upon Default. Upon delivery of written notice to the Developer and expiration of any cure period, the City may then elect to draw upon the Financial Assurance as it deems necessary for the completion of improvements or cure of any default under this Agreement. 13. Zoning Compliance. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of all Required Improvements as provided in this Agreement. 14. Default, Remedies, Lapse of Plat/Plan. All provisions of this Agreement are material and any violation is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement the City shall deliver written notice to the Developer describing the act, event, or omission constituting a default, and allowing Developer a period of thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. a). Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: i) proceeding against the Financial Assurance; ii). withholding building permits, certificates of occupancy, or certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations or breaches of this Agreement; iv) recording an affidavit of a lapse of plat/plan, in whole or in part; v) commencing an action for damages —including damages for costs incurred in completing, repairing, or replacing Required Improvements or abating any violations; and/or vi) any other remedies available at law or equity, including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. b). The recording of an affidavit of lapse of plat/plan by the City shall result in the lapse of all prior land use approvals and the voiding of the subdivision of lots within the real property specified in the affidavit. 15. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Developer in the ownership or development of all or Page 41 of 92 7-2 New Business Club Utah Subdivision Improvements Agreement, Phase 7 Page 6 of 9 any portion of the Property. Assignment of this Agreement shall require the mutual approval of the City and the proposed assignee, in writing. a). This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. b). Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. c). The term "Agreement" includes this Improvements Agreement, all exhibits hereto, the Final Plat/Plan for the Subdivision, and all phases thereof, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supersede all prior Agreements or representations, however evidenced. No modification to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. d). The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties agree that the exclusive venue shall be the Seventh Judicial District Court, Grand County, Utah. In any such proceedings arising under this Agreement, regardless of the denomination of the legal claims, the parties waive trial to a jury on all claims and agree that the action shall be decided by the court sitting without a jury. e). In any legal proceeding arising from this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. f). This Agreement shall be governed by Utah law. g). This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; i. the Project is a private development; ii. the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless/until the City accepts dedication of public improvements pursuant to this Agreement or otherwise; iii. the City is not responsible for maintenance of private improvements; and iv. except as otherwise provided herein, Developer shall have full power over and exclusive control of the Property. Page 42 of 92 7-2 New Business j)• Club Utah Subdivision Improvements Agreement, Phase 7 Page 7 of 9 h). The provisions of this Agreement are severable, and if any portion should be held to be invalid or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. i). In the event of any legal dispute arising from this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, or by hand delivery or delivery by a reputable courier, and sent to the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To Developer: Club Utah Resort Group, LLC Attn: McKay Edwards 1266 Highway 191 Moab, UT 84532 k). Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. A notice sent by mail shall be deemed delivered no later than three (3) days from the date that it is mailed. I). Nothing in this Agreement shall be deemed to waive any governmental or other immunity to which the City is entitled under law. 16. Indemnity. Developer shall indemnify and hold the City harmless with respect to any third party claims, including claims for property damage, injury, or death, and any demands, liabilities, causes of action, costs, or damages, including reasonable attorney's fees, that may arise from any act or omission of the Developer, its members, managers, employees, agents, or contractors in connection with the development of the Subdivision and/or the performance of this Agreement. 17. Future Legislative Power. Nothing in this Agreement shall be construed to impair or limit the future legislative power or zoning authority of the City. 18. Grading. All grading and soil disturbance undertaken in the development of the Page 43 of 92 7-2 New Business Club Utah Subdivision Improvements Agreement, Phase 7 Page 8 of 9 Subdivision shall be performed in conformity with Appendix J of the International Building Code (IBC) as adopted by the City. 19. Effective Date. The effective date of this Agreement is the date when it is signed by all Parties. 20. Recording. This Agreement constitutes an obligation binding upon, and running with, the subject real Property. This Agreement shall be recorded in the Grand County land records. Upon request of the Developer and verification by the City that all terms and conditions of this Agreement have been performed in full, the City shall promptly execute a release of this Agreement, which may be recorded at the discretion of the Developer. 21. Counterparts. This Agreement may be executed in separate original counterparts which, when combined, shall constitute the entire Agreement. The following exhibits are part of this Agreement: 1.—Legal Description of the Property 2. — Plat and Construction Cost Estimates This Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by Developer, who represents all lawful authority to sign for and bind the entity, as of the date(s) specified below. CITY OF MOAB: Bv: Mayor David L. Sakrison Date ATTEST: Rachel Stenta City Recorder Page 44 of 92 Date 7-2 New Business Club Utah Subdivision Improvements Agreement, Phase 7 Page 9 of 9 DEVELOPER CLUB UTAH RESORT GROUP, LLC dwards, Manager Date STATE OF UTAH COUNTY OF GRAND )ss. ) The foregoing agreement was executed before me by Club Utah Resort Group, LLC, through McKay Edwarsds, its Manager, this M day of 5--to ei-PAriktf2017. Witness my hand and official seal. My commission expires: -1) ee. Z U j y CARMELLA GALLEY Notary Public State of Utah Comm. No. 686544 My Comm. Expos Dec 28, 2019 STATE OF UTAH COUNTY OF GRAND Address: dal("V Notary Public, S ate of Utah 6recktcd(at / The foregoing agreement was executed before me by the CITY OF MOAB, by and through Mayor David L. Sakrison, this day of , 2017. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: -End of Document - Page 45 of 92 7-2 New Business ssau!sn8 MaN Z-L .yyr. eta 011 iNlll' --• =MI 4210141 UMW ti �S ran e�ia�i R+a000 LAl2� DA6rl1St' 01.030.251 E CH L=40 q' N e0'17'Sr E ►m` N3 ane'w mob re elide. l ent WIR N 0e'88Ir0155. entra TRACT B 141. 6 3�I7 N 1rssoo'w 1270' i E a f ' at. Islam 11 Y44' P 7 9: @j E e 10T 11 1 wawa sorest 3 Yr� N 1117 IOr w a enxe ow earn 11 S 0.160rE 2 fOS 7 aP i IlM 10117 any a e l fa awe 117d Yl! t07 75 Iab. 17.4.41 b owes, 41P 11 P tarn l 1Math I 00aea • n e- 1 # ARROWHEAD LANE cI — — M 13r x : a1 :1 _ — TRACT teCtenenan NN la :et 0I e 114os P wm77H ? LOT 71 F� O4me 4 wn. law lot 10 2 7 111Ha 1. 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Flat 2015 feet: thence Noah 271206' West 200D [pet;,eme North 60'4754' East3 41 feet tb a ow. w annum thence t2 40 fee: alone, 40,loot radwa [moo O the left earth a central anWe or 60,31, lewd bean North 30251r Eau apY fal; thence North 00e or Fast 17 34 legit N a pant, the semen sne, thence Sash e1-5111r Ens 219 OS lot abrtl tm wow are to the Pont of berme., Date loos Wale IaRwe No 7540504 OWNERS DEDWK)N r1ne,1ln Ma, tV1OUVA.eOCCOalw.1L' alOatWanOuwft +1.apw n.� w•w new away rsxl• e1eWlowe may J... .wrowWs•••env.hn.•.e••••• n w.ra, .WloWImaw sat et_ort tulW.aaarra.bwNcc...A a. elf.naawl Yw. AColOWLEDGMOR aN•w _3.0_ �trnNtu_• uURAL tlx WWSWIWOTNtxet N.x, NY YO.,SMI1w nuOSWItl Nwr tx f6NtNIC.aW Non 4hY•aal atrSan:n Mv.AN11.•vam.,.cwLwte><an7K ate• tort waren Puna ahr .. WM. 41C ay lA AS apatWls mho w;mmo Via^ LICKS WW.1 sO'a..1.1kr 4.10.0.1 LOCATED N THE MORTIOSST Miran:ROE S.YnON 35. lorms,oe 23 Swim. Realr.,E 21 EAST SYyT LAU AM AND MOIDNN R® DES + Lase Sat tn.t s Prof, IOLIS Date V0E7 Shaw 1 w CTIY ERrallIf El6 APPRCNAI u.pn0 a Ie a. 6.0(..ntaOwn n0_WW III LTIY MAYOR a79ROYAl COUNT, RECO100 NO roy...2:O WE Ira to unn tan wet t'aw^a •17:7Ctn et Vat al%ell BY t 2NCACd aAW W.011 C.Y'I atwMJ Otp' K.; -s etc,. •uuh h2 .Me Page 46 of 92 Boundary Description Beginning at a point North 89°56' West 769.8 feet along the section line from the Northeast corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 0°04'00 West 61.69 feet to a point on a non -tangent curve; thence 7.29 feet along a 114.30 foot radius curve to the left with a central angle of 3°39'22" (chord bears North 71'37'48" West 7.29 feet); thence South 23°33'39" West 136.67 feet; thence North 79°19'12" West 52.83 feet; thence South 88°13'12" West 52.85 feet; thence South 79°22'32" West 52.83 feet; thence North 12°53'00" West 6.70 feet; thence North 19°55'28" West 58.50 feet; thence North 6°59'12" East 20.85 feet; thence North 29°12'06" West 20.00 feet; thence North 60°47'54" East 8.41 feet to a point of curvature; thence 42.40 feet along a 40.00 foot radius curve to the left with a central angle of 60°43'54" (chord bears North 30°25'57" East 40.44 feet); thence North 0°04'00" East 47.84 feet to a point on the section line; thence South 89°56'00" East 219.05 feet along the section line to the point of beginning. ssau!sn8 MaN Z-L Moab Springs Ranch P.U.D. Phase 7 Construction Cost Estimate 6-28-2017 Improvement costs within Common Private Roadway, Service to 12 Lots: I. Sanitary Sewer System Item # Description Unit Type Units Unit Cost Total 1 8-Inch PVC Sanitary Sewer Main (SDR-35) Feet 228 $ 30 $ 6,840 2 4-inch PVC Services, Including Full -Body Wye & Traffic Rated Double Clean -out assembly Number 12 $ 800 $ 9,600 3 Manholes Number 2 $ 2,000 $ 4,000 4 Clay cutoff walls Number 12 $ 150 $ 1,800 Subtotal Sanitary Sewer II. Water System $ 22,240 Item # Description Unit Type Units Unit Cost Total 1 8" PVC Water Main (C-900) Feet 247 $ 50 $ 12,350 2 Bend, 22.5 degree Number 1 $ 300 $ 300 3 8" Tees Number 2 $ 350 $ 700 4 8" Gate Valve and Box Number 2 $ 1,500 $ 3,000 5 8" Plug Number 2 $ 150 $ 300 6 3/4" Services, 3/4" IPS Poly, Meter Box Number 12 $ 1,000 $ 12,000 7 Fire Hydrant Assembly Number 1 $ 4,000 $ 4,000 8 Blow off Assembly Number 1 $ 400 $ 400 Subtotal Water System $ 33,050 III. Roads/Sidewalks Item # Description Unit Type Units Unit Cost Total 1 Subgrade Preparation Square Yards 819 $ 5 $ 4,095 2 6" Depth Base Coarse under V-Pan and Sidewalks Tons 81 $ 10 $ 810 3 6" Gravel in Roadways Tons 143 $ 10 $ 1,430 Page 48 of 92 ssauisn8 maN Z-L 4 4" thick gravel shoulder, back of sidewalks Tons 45 $ 10 $ 450 5 3' Wide Concrete V-Pan, 6" Thick Square feet 588 $ 10 $ 5,880 3 4' Wide Concrete Sidewalks, 399 LF Square feet 1600 $ 10 $ 16,000 Subtotal Roads/Sidewalks $ 21,880 Total Project Costs: $ 77,170 Page 49 of 92 ssauisn8 maN Z-L (., 11.0 Ltjh 2.2a - . w IC 2•00 ML ti110201 L004 (CLUB UTAH UNl 25 a1 .N. 1. y4111• cv-..ux2 ON qR IAllr .G• 40r0. GM. 102' t. oom ton sou ... mow MO 04o oc it or Nor e..oen-n .: .�u �•soawo••rr rl<e.aes•u.w =ink 1-W =2r 804 1-1..O2T 10LX . am• nm e.+_ Oa « 4471.. Nio OAP O eteoui ry.111' K1•. 441s 1 M..Y GHL BUJE STAKES OF UEAN 011 URUR NORMAT10N CORER. fF. BEFORE YOU DIG 811 OR 1-800-662-4111 o 17, .°e e j - t44 h 44 L nF U 0 U 0 btayla2 June 27. 2017 _` rola' 110.5. SHEET SC1 OF SC1 Page 50 of 92 Moab City Council Review Item Meeting Date: September 26, 2017 #: 7-3 PI-17-118 Title: Review of the 10 Acre Shumway Property Annexation and the Requested Zoning Designations of R-4 and C-4 Date Submitted: September 21, 2017 Staff Presenter: Jeff Reinhart, City Planner Attachment(s): Technical Review, aerials, zoning, and plats Options: N/A Background/Summary: The Shumways are requesting the annexation into the City of approximately ten acres of their property located at 936 and 1001 North 500 West. The land is currently zoned Rural Residential (RR) and the uses are a single-family residence and historic industrial uses. The requested zoning includes C-4 that will be applied to the eastern three -acre portion of their property abutting 500 West and the C-4 on the north along Main Street. The requested R-4 zoning would be applied to the seven (7) acres farther west much of which is adjacent to the Palisades Subdivision. The attached Review contains a full evaluation of the proposed annexation. Page 51 of 92 7-3 New Business City of Moab Planning Department 217 East Center Street Moab, Utah 84532-2534 (435) 259-5129 Fax (435)259-D6DD Memorandum To: Members of the Moab Planning Commission and City Council From: Jeff Reinhart, AICP, Planning Director Date: August 10, 2017 Re: Shumway Annexation Review Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd P L-17-117 Background The sponsor of this 9.99-acre annexation is Kelly Shumway who is manager and registered agent for KM Real Estate Enterprises, LLC, owner of the subject properties. The properties are currently zoned RR, Rural Residential and are located at 1001 and 967 N. 500 West. The improvements on 1001 consists of an old residence and the property at 967 North 500 West includes a small business office and a large metal building that has historically been used for commercial and industrial businesses for over sixty years. The exhibit below indicates the lot configuration and existing development on the property. N Shumway Annexation 0 .00 200 460 600 Feel l Inpl - 2001ee1 • 0.y %City M Gran Y r r,. I s R -. �=,1 • .. ���,1, fir r w.� J ' ' 1. • �• SO moo' � ' ��LI, ,111 To Oitlimatio isi lip: tia...=n, v.�14 15 µ� tir �11k .4444 requested annexation, if approved by City Council, will remove this peninsula and into the City. As shown to the left, the lot is a long narrow rectangular shape that is about 2,178 feet in length and 200 feet in width. It is adjacent to the Palisades Subdivision along the southern boundary for much of its length. The bring the property Page 52 of 92 7-3 New Business 2 The surrounding City of Moab zoning includes the C-4, General Commercial Zone, to the north and east along Main Street and south along 500 West; and R-2, Single- and Two- Family Zone, to the South. The property owner is requesting that a zoning designation of R-4, Manufactured Housing Residential Zone, be applied to the western 7 acres of the property and C-4, General Commercial, to the remaining 3 acres. Shumway Annexation 0 W0 200 400 600 Feet 1 inch=200 feet Evaluation Moab Municipal Code Section 1.32.030 applies to the evaluation of the proposed Shumway Annexation and requires that each annexation be evaluated against several factors as discussed below. a. Compliance with Appropriate Provisions of State Code Applicable state code provisions have been reviewed and staff has determined that the annexation complies with the relevant requirements, including but not limited to the following: • The annexation must be contiguous to Moab City Limits. The property is a peninsula and adjacent to City Limits on three sides. • The annexation must maintain contiguity through the entire area to be annexed. The property is comprised of two adjacent lots. • The annexation must not create islands or peninsulas of unincorporated county land unless it is within the Annexation Area and the county has no concerns. The property lies within the Annexation Area and no islands or peninsulas are created. • The annexation must be initiated by a petition that meets all state requirements- the petition has been certified by the City Recorder to meet state requirements. Page 53 of 92 7-3 New Business 3 Again, this property is a an unincorporated peninsula that is clearly within the annexation area as established by both the General Plan and the Annexation Policy Plan Map shown below (MMC Chapter 1.32). General Plan Annexation Area Boundary Legend General Plan Annexation Area {Ordinance 200$-23} Illirrant City L i rrits • Ownership Parcels 0 0.5 1 1 inch equals 0.5 miles MiEes 2 Page 54 of 92 7-3 New Business 4 The following table indicates the types of uses allowed in the R-4 and C-4 Zones. R-4 Zone -City (17.51.020) C-4 Zone (17.27.020) One -family dwellings Dwellings -CUP Fences, walls, and hedges seven feet Office buildings Customary household pets Funeral establishments Temporary construction yards Churches Agriculture Gymnasium Temp construction buildings and yards Agriculture/pasture Home occupations Retail establishments Two-family dwellings Testing labs Day care centers/foster homes Home occupations Apartment houses other multiple dwellings Schools Court apartments Hospitals Boys' schools/ correctional institutions Public buildings Communication towers Research establishments Secondary dwelling units Warehouses Pasturing of animals Assembly of appliances Plant nurseries Service establishments Mobile home parks/ subdivisions Apartments -CUP Public buildings Fraternity organizations/lodges Clubs and lodges (nonprofit) Eating establishments Boarding and rooming houses Commercial parking lots Planned unit developments Farm equipment sales Lodging establishment Manufactured home sales -CUP Taxidermy shops Electrical appliance shops Plumbing shops Carpentry shops Hardware stores stone and monument sales Service stations Auto body shops Car sales Engraving/printing Employee housing Wholesale sales Trucking company -CUP Manufacturing RV courts Garages b) Proposed Land Uses The property has a county zoning designation of RR, Rural Residential, which requires a minimum lot size of 1 acre (43,560 sq. ft.) per single residential dwelling. If the requested R-4 and C-4 zoning is accepted, the allowed uses will be changed to multi -family residential as well as those commercial uses listed above. Page 55 of 92 7-3 New Business 5 c) The Assessed Valuation of the Property Property Use Area Total acres Valuation KM Real Estate Ent. 963N 500W Manuf/Indus 304,920 sq. ft. 10.0 637,296.00 M. Dean and Company 1001N 500W Residential 130,680 sq. ft. d) The Potential Demand for Municipal Services, Especially Those Requiring Capital Improvements. The City currently provides water and sewer to the proposed annexation. Law enforcement will be provided by the city, and the Public Works department will provide maintenance of any dedicated street rights -of -way subsequent to the annexation. Pre -annexation Agreements with the Petitioner will cover the provision of all services to the Shumway Annexation. Water: Water service is currently provided by the City. Any costs for additional development that requires extensions of the service lines will be paid by the developer and impact fees and connection fees will be due. All design and installation of water distribution systems are approved by the public works and engineering departments. Sanitary Sewer: Sewer service to the site is currently provided by the City of Moab. Onsite Roads: The developer will design any onsite public streets to comply with the construction design standards for construction of public improvements. Trails: Trails have not been proposed for the area. e) Recommendations of Other Local Government Entities Regarding the Potential Impact of the Annexation Grand County can respond to the appropriateness of the annexation. f) Potential land use contribution to the Achievement of the Goals and Policies of the City. This criteria is difficult to address because of the lack of specifics for the planned uses on the property. However, if multi -family housing is constructed, then it will satisfy several sections of the General Plan. Historically, the attitude has been that residential uses do not contribute significantly to the maintenance of infrastructure as do commercial developments because no additional revenue is realized. This observation has been made by many local jurisdictions in efforts to justify annexing commercial development for its increases in sales or property taxes while discouraging residential annexations because it costs money to maintain the infrastructure without direct cost offsets. However, as with past annexations, it should be recognized that residential uses provide dwelling space for consumers of goods purchased from merchants in the commercial districts. Residential uses also provide housing for the working population so stores and services remain open to generate much needed sales tax revenue. The proposed development of the R-4 tract portion can potentially provide numerous housing options for residents. The R-4 does not allow short term rentals and the petitioner does not desire to pursue this use for seven of the ten acres. Any housing will be an asset to the community. Page 56 of 92 7-3 New Business 6 The C-4 zoning is requested to be applied to the eastern portion of the property adjacent to the C-4 along Main Street and fronting 500 W. All development will be consistent with the General Plan and the regulations of the Moab Municipal Code (MMC). The allowed uses in the C-4 and the R-4 are listed above. g) Identification of any Special Districts or County Department Currently Providing Services. • Grand County School District is a county -wide district for which there is no contemplated change in level of service or responsibility because of the annexation. • Moab Fire Department- This is also a county -wide district and there is no contemplated change in service level or responsibility. • Grand County Hospital Service District- This is a county -wide district and there is no contemplated change in service level or responsibility. • Health department of Southeastern Utah- This is also a county -wide district and there is no contemplated change in service level or responsibility. • Cemetery District- This is a county -wide district and there is no contemplated change in service level or responsibility. • Moab Mosquito Abatement District- This is also a county -wide district and there is no contemplated change in service level or responsibility. • Grand County Library Board- This is also a county -wide district and there is no contemplated change in service level or responsibility. • Solid Waste District- This is a county -wide district and there is no contemplated change in service level or responsibility. • Recreation District- This, too, is a county -wide district and there is no contemplated change in service level or responsibility. h) If an application includes a specific proposal for urban development, an Understanding as to the provision of improvements will be concluded between the city and the applicant. A Pre -annexation Agreement between the City and Petitioner that addresses the provision of public improvements discussed above shall be approved by the City Council. i) New Annexations should create area in which services can be provided efficiently. This annexation will not create a geographically isolated area that would make service difficult or extremely expensive to provide. Utilities are now on the property. j) Tax Consequences for Affected Entities. While new housing developments do not necessarily bring in new tax revenues, the use of such mechanisms as homeowners associations can be created to provide maintenance of improvements in residential neighborhoods. Additionally, housing projects will provide much needed dwellings for the community and those residents will buy goods from local businesses. The proposed residential uses will provide another level of housing in the community. Projected Population: Approximately 45% of the property is located in the Colorado River 100 Year Flood Zone. The flooding would not be a surge of water but a gradual increase in the elevation. The development on this western end of the parcel will need to be on engineered fill to meet FEMA requirements. This fill may or may not affect the actual housing densities. The following chart is a general guide for the possible population Page 57 of 92 7-3 New Business o% z5% 50% SPA I ITCFMAll CN • Kelly Shumway • KM Real Estate/MDean Co. • P.O. Box 1032 • Moab, UT84532 • 435-26o-1554 • k.shumwayQa frontier.com 75% i00% A \EXAM CN C1-1324J ST ITEM DETAI LS Compl eted Petition Received 3o-Jun-17 Address (adjacent to City Limits) loon North Soo West & 967 North Soo West f Contact Name Kelly Shumway Contact Phone # 435-260-1554 f Copy of Petition mailed to County Clerk & PC by applicant Notice of PC Meeting posted on property f City Council Acceptance/Denial 11-JUI-17 Notice of Denial Mailed n/a f Planning Commission Review lo-Aug-17 Requested Zone C-4/R-4 f Recommended Zone C-4/no residential recommendation PC Annexation Review Received 14-Aug-17 f Certification Date 31-JUI-17 Notice of Certification to City Council 31-Jul-17 f Notice of Certification to Affected Entities 31-JUI-17 Notice of Certification Published 8/3, 8/10, 8/17 f Protest Period Ends 31-Aug-17 Protests Received City Council Agenda to Set Public Hearing Ordinance # Public Hearing Date Ordinance Approval Date Notice of Annexation to Affected Entities Notice of Annexation Published Notice of Annexation mailed to Contact Sponsor Annexation mailed to Lt. Governor Certificate of Annexation received from Lt. Governor Annexation Recorded with County Recorder City Zoning Map Updated Page 58 of 92 7-3 New Business 7 Zone Property Gross area sq.ft. Required Lot area perd/u Current Residents Total allowable units Potential Number of Residents R'4 304,920 1,800 5q.ft. N/A 127units 3081-3932 C'4 130'680 Unlimited if above ground floor N/A Unknown N/A 'Average household size=2.43 2 Average Family Size=3.1 ANNEXATION PLAT - � ^ � ` ' == /\ | u � '| T i � ' _ --1 —11T.N���. / � Average Water Demand: In August 2014, the USGS Utah Water Science Center (David 3usong\ announced that the average household inMoab used 185,000gallons ofwater per year. Page nem92 7-3 New Business 8 ADDENDUM Utah Code Effective 5/12/2015 10-2-402. Annexation -- Limitations. (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (b) An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and (iv) for an area located in a specified county with respect to an annexation that occurs after December 31, 2002, the area is within the proposed annexing municipality's expansion area. (2) Except as provided in Section 10-2-418, a municipality may not annex an unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation. (3) (a) An annexation under this part may not include part of a parcel of real property and exclude part of that same parcel unless the owner of that parcel has signed the annexation petition under Section 10-2-403. (b) A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsection (3)(a) if owned by the same owner. (4) A municipality may not annex an unincorporated area in a specified county for the sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to annex the same or a related area unless the municipality has the ability and intent to benefit the annexed area by providing municipal services to the annexed area. (5) The legislative body of a specified county may not approve urban development within a municipality's expansion area unless: (a) the county notifies the municipality of the proposed development; and (b) (i) the municipality consents in writing to the development; or (ii) (A) within 90 days after the county's notification of the proposed development, the municipality submits to the county a written objection to the county's approval of the proposed development; and (B) the county responds in writing to the municipality's objections. (6) (a) An annexation petition may not be filed under this part proposing the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located unless the legislative body of the county in which the area is located has adopted a resolution approving the proposed annexation. Page 60 of 92 7-3 New Business 9 (b) Each county legislative body that declines to adopt a resolution approving a proposed annexation described in Subsection (6)(a) shall provide a written explanation of its reasons for declining to approve the proposed annexation. (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation Administration has, by a record of decision, approved for the construction or operation of a Class I, II, or III commercial service airport, as designated by the Federal Aviation Administration in 14 C.F.R. Part 139. (b) A municipality may not annex an unincorporated area within 5,000 feet of the center line of any runway of an airport operated or to be constructed and operated by another municipality unless the legislative body of the other municipality adopts a resolution consenting to the annexation. (c) A municipality that operates or intends to construct and operate an airport and does not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)may not deny an annexation petition proposing the annexation of that same area to that municipality. (8) (a) A municipality may not annex an unincorporated area located within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act, without the authority's approval. (b) (i) Except as provided in Subsection (8)(b)(ii), the Military Installation Development Authority may petition for annexation of a project area and contiguous surrounding land to a municipality as if it was the sole private property owner of the project area and surrounding land, if the area to be annexed is entirely contained within the boundaries of a military installation. (ii) Before petitioning for annexation under Subsection (8)(b)(i), the Military Installation Development Authority shall provide the military installation with a copy of the petition for annexation. The military installation may object to the petition for annexation within 14 days of receipt of the copy of the annexation petition. If the military installation objects under this Subsection (8)(b)(ii), the Military Installation Development Authority may not petition for the annexation as if it was the sole private property owner. (iii) If any portion of an area annexed under a petition for annexation filed by a Military Installation Development Authority is located in a specified county: (A) the annexation process shall follow the requirements for a specified county; and (B) the provisions of Subsection 10-2-402(6) do not apply. Effective 5/12/2015 10-2-418. Annexation of an island or peninsula without a petition -- Notice -- Hearing. (1) For purposes of an annexation conducted in accordance with this section of an area located within a county of the first class, "municipal -type services" for purposes of Subsection (2)(a)(ii)(B) does not include a service provided by a municipality pursuant to a contract that the municipality has with another political subdivision as "political subdivision" is defined in Section 17B-1-102. Page 61 of 92 7-3 New Business 10 (2) (a) Notwithstanding Subsection 10-2-402(2), a municipality may annex an unincorporated area under this section without an annexation petition if: 0) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; (B) the majority of each island or peninsula consists of residential or commercial development; (C) the area proposed for annexation requires the delivery of municipal -type services; and (D) the municipality has provided most or all of the municipal -type services to the area for more than one year; (ii) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and (B) the municipality has provided one or more municipal -type services to the area for at least one year; or (iii) (A) the area consists of: (I) an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and (II) for an area outside of the county of the first class proposed for annexation, no more than 50 acres; and (B) the county in which the area is located, subject to Subsection (3)(b), and the municipality agree that the area should be included within the municipality. (b) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: (i) in adopting the resolution under Subsection (4)(a)(i), the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and (ii) for an annexation of one or more unincorporated islands under Subsection (2)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (2)(a)(ii)(A) relating to the number of residents. (3) (a) This Subsection (3) applies only to an annexation within a county of the first class. (b) A county of the first class shall agree to the annexation if the majority of private property owners within the area to be annexed has indicated in writing, subject to Subsection (3)(d), to the city or town recorder of the annexing city or town the private property owners' consent to be annexed into the municipality. (c) For purposes of Subsection (3)(b), the majority of private property owners is property owners who own: (i) the majority of the total private land area within the area proposed for annexation; and (ii) private real property equal to at least one half the value of private real property within the area proposed for annexation. Page 62 of 92 7-3 New Business 11 (d) (i) A property owner consenting to annexation shall indicate the property owner's consent on a form which includes language in substantially the following form: "Notice: If this written consent is used to proceed with an annexation of your property in accordance with Utah Code Section 10-2-418, no public election is required by law to approve the annexation. If you sign this consent and later decide you do not want to support the annexation of your property, you may withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk of [name of annexing municipality]. If you choose to withdraw your signature, you must do so no later than the close of the public hearing on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(a)(iv).". (e) A private property owner may withdraw the property owner's signature indicating consent by submitting a signed, written withdrawal with the recorder or clerk no later than the close of the public hearing held in accordance with Subsection (4)(a)(iv). (a) The legislative body of each municipality intending to annex an area under this section shall: (i) adopt a resolution indicating the municipal legislative body's intent to annex the area, describing the area proposed to be annexed; (ii) publish notice: (A) (I) at least once a week for three successive weeks in a newspaper of general circulation within the municipality and the area proposed for annexation; or (II) if there is no newspaper of general circulation in the areas described in Subsection (4)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are most likely to give notice to the residents of those areas; and (B) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks; (iii) send written notice to the board of each local district and special service district whose boundaries contain some or all of the area proposed for annexation and to the legislative body of the county in which the area proposed for annexation is located; and (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the adoption of the resolution under Subsection (4)(a)(i). (b) Each notice under Subsections (4)(a)(ii) and (iii) shall: (i) state that the municipal legislative body has adopted a resolution indicating its intent to annex the area proposed for annexation; (ii) state the date, time, and place of the public hearing under Subsection (4)(a)(iv); (iii) describe the area proposed for annexation; and (iv) except for an annexation that meets the property owner consent requirements of Subsection (S)(b), state in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing under Subsection (4)(a)(iv), written protests to the annexation are filed by the owners of private real property that: (A) is located within the area proposed for annexation; (B) covers a majority of the total private land area within the entire area proposed for annexation; and Page 63 of 92 7-3 New Business 12 (C) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation. (c) The first publication of the notice required under Subsection (4)(a)(ii)(A) shall be within 14 days of the municipal legislative body's adoption of a resolution under Subsection (4)(a)(i). (5) (a) Upon conclusion of the public hearing under Subsection (4)(a)(iv), the municipal legislative body may adopt an ordinance approving the annexation of the area proposed for annexation under this section unless, at or before the hearing, written protests to the annexation have been filed with the city recorder or town clerk, as the case may be, by the owners of private real property that: (i) is located within the area proposed for annexation; (ii) covers a majority of the total private land area within the entire area proposed for annexation; and (iii) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation. (b) (i) Upon conclusion of the public hearing under Subsection (4)(a)(iv), a municipality may adopt an ordinance approving the annexation of the area proposed for annexation under this section without allowing or considering protests under Subsection (5)(a) if the owners of at least 75% of the total private land area within the entire area proposed for annexation, representing at least 75% of the value of the private real property within the entire area proposed for annexation, have consented in writing to the annexation. (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an ordinance adopted under Subsection (5)(b)(i), the area annexed shall be conclusively presumed to be validly annexed. (6) (a) If protests are timely filed that comply with Subsection (5), the municipal legislative body may not adopt an ordinance approving the annexation of the area proposed for annexation, and the annexation proceedings under this section shall be considered terminated. (b) Subsection (6)(a) may not be construed to prohibit the municipal legislative body from excluding from a proposed annexation under Subsection (2)(a)(ii) the property within an unincorporated island regarding which protests have been filed and proceeding under Subsection (2)(b) to annex some or all of the remaining portion of the unincorporated island. Moab Municipal Code 1.32.030 Annexation policy plan. A. Pursuant to U.C.A. 10-2-401.5, the city hereby adopts the following annexation policy declaration. 1. Sound urban development is essential to the continued economic development of this state; 2. Municipalities are created to provide urban governmental services essential for sound urban development and for the protection of public health, safety and welfare in residential, commercial and industrial areas, and in areas undergoing development; 3. Municipal boundaries should be extended, in accordance with specific standards, to include areas where a high quality of urban governmental services is needed and can be provided for Page 64 of 92 7-3 New Business 13 the protection of public health, safety and welfare and to avoid the inequities of double taxation and the proliferation of special service districts; 4. Areas annexed to municipalities in accordance with appropriate standards should receive the services provided by the annexing municipality as soon as possible following the annexation; 5. Areas annexed to municipalities should include all of the urbanized unincorporated areas contiguous to municipalities, securing to residents within the areas a voice in the selection of their government; 6. Decisions with respect to municipal boundaries and urban development need to be made with adequate consideration of the effect of the proposed actions on adjacent areas and on the interests of other government entities, on the need for and cost of local government services, and the ability to deliver the services under the proposed actions and on factors related to population growth and density and the geography of the area; and B. The map from the adopted Annexation Policy Plan is attached in the addendum below and includes a description map showing the anticipated future extent of the city of Moab's boundaries and areas that are more readily available for service and more readily available for future expansion. C. (1) Criteria for annexation of unincorporated areas include: a. The property is contiguous to the boundaries of the city; b. The property is located within the area projected for the city municipal expansion as noted above; c. The property is not included within the boundaries of another incorporated municipality; d. The annexation is an unincorporated peninsula within the boundaries of the city; e. The property will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of another municipality to annex into the same or related area. (2) The city will evaluate the following for each annexation: a. Compliance with all requirements of appropriate state code provisions. Under new provisions in UCA 10-2-418, adopted by the Utah State Legislature and in effect May 5, 2015, a municipality may annex an area if: 1. municipal facilities have been provided to the property for a period of at least one year, 2. the area has fewer than 800 residents, and 3. the county and municipality agree that the area should be included within the municipality. Grand County had no objection to the annexation. b. The current and potential population of the area, and the current residential densities. c. Land uses proposed in addition to those presently existing. d. The assessed valuation of the current properties or proposed uses. e. The potential demand for various municipal services, especially those requiring capital improvements. f. Recommendations of other local government jurisdictions regarding the proposal and potential impact of the annexation. g. How the proposed area, and/or its potential land uses would contribute to the achievement of the goals and policies of the city. h. Identification of any special districts or county departments that are currently providing services. If the proposed area is receiving services that are to be assumed by the city, a Page 65 of 92 7-3 New Business 14 statement should be included indicating that steps can be taken to assure an effective transition in the delivery of services. A timetable for extending services should be included if the city is unable to provide services immediately. If the proposed area is receiving services that are not going to be assumed by the city a statement to that effect will be included in the annexation agreement. i. If an application for annexation includes a specific proposal for urban development, an understanding as to the provision of improvements should be concluded between the city and the applicant. j. New annexations should create areas in which services can be provided efficiently. The annexation should not create geographically isolated areas, areas for which the provision of services would be costly or difficult, or an area in which surface water runoff would create multi -jurisdictional problems. k. The tax consequences for affected entities should be addressed. (3) In order to facilitate orderly growth, the following city policies will apply to every annexation proposal. However, compliance with any policy not expressly required by state law is not mandatory, and failure to comply with any policy not expressly required by state law shall in no way affect or jeopardize an annexation petition that otherwise meets the standards established in the Utah Code. a. The city's policy is to consider annexation only in those areas where the city has the potential to provide urban services (either directly or through interlocal cooperative agreement). These areas may include locations served or to be served by city utilities, electrical service, police and fire protection facilities, etc. b. The city declares its interest in those areas identified in this policy declaration and other areas lying within one-half mile of the city's boundary. Any urban development as defined by state law proposed within this specified area is subject to review and approval of the city as provided in U.C.A. 10-2-418, as amended. c. Due to the extraterritorial powers granted as part of the Utah Boundary Commission Act, the city may exercise its initiative to prepare and adopt a general plan for future development in those extraterritorial areas of interest for future annexation, as indicated in this policy declaration. This general plan will define proposed land uses, nature, and density of development desired by the city in each particular area. Once this ordinance is adopted, any proposed development in an area to be annexed must conform to the general plan, notwithstanding said plan may be amended from time to time as deemed necessary and appropriate. d. It is the policy of the city to require new development in annexed areas to comply with all city standards and regulatory laws. Proposed actions to be taken to overcome deficiencies should be identified and costs estimated. e. To avoid creation of islands and peninsulas, unincorporated territory and publicly -owned land such as roadways, schools, parks or recreational land, may be annexed as part of other logical annexations. f. In order to facilitate orderly growth and development in the city, the planning commission may review a proposed annexation and make recommendations to the city council concerning the parcel to be annexed, the effect on city development, and the recommended zoning district designation for the proposed annexed area. Review by the planning commission is not a requirement for annexation, and approval from the planning commission is not necessary for annexation. Page 66 of 92 7-3 New Business 15 g. The city council shall designate the zoning for the territory being annexed in the ordinance annexing the territory. The zoning designations must be consistent with the general plan. The city council shall not be bound by the zoning designations for the territory prior to annexation. Nothing in this section shall be construed as allowing the city council to change zoning designations in areas that are already within the municipal boundaries, without following the procedures for zoning amendments found in the city code. h. Landowners petitioning for annexation must file an application and follow the procedures for annexation required by state law and the procedures specified by the city. i. The city may require an annexation fee reasonable to the cost incurred as part of the annexation process. j. From time to time, the city may amend this master annexation policy declaration. This policy declaration, including maps, may be amended by the city council after at least fourteen days' notice and public hearing. Annexation policy declarations for individual annexations may be considered amendments to this master annexation policy declaration and likewise require adequate notice and public hearing as herein specified. D. The character of the community. 1. The areas anticipated for future annexation contain a wide variety of land uses. There is vacant land, as well as residentially developed property, and property developed and being developed for commercial uses. 2. The city was incorporated in December 20, 1902 and has entertained numerous proposals for annexation since that time. Recent interest in annexation has been shown by many surrounding property owners. This policy declaration will help to define those areas that the city will consider in a favorable manner. E. The need for municipal services in developing unincorporated areas. 1. The city recognizes that municipal services to developed areas which may be annexed should, to the greatest extent possible, be provided by the city. It may, however negotiate service agreements in annexing areas. 2. For developing unincorporated areas to be annexed to the city, general government services and public safety service will be provided by the city as the area is annexed and developed. Where feasible and in the public interest to the citizens of the city, public utility services will be provided by the city or through the appropriate utility companies or improvement districts. 3. Subsequent policy declarations on individual parcels will address provision of utility service to that particular area. Determination of how utility service will be provided to developing areas proposed for annexation will be developed following discussion with the public works department and other appropriate utility officials or entities. F. Financing and time frame for the extension of municipal services. 1. Those areas identified in this master policy declaration as being favorable for annexation are located near to the city. A basic network of collector roads presently exists in many of these areas and the city can readily extend such services as police protection, street maintenance, and general government services. Unless otherwise specified, city services for police and street maintenance will begin in newly annexed areas immediately following the effective date of annexation. 2. Services for newly annexed areas will be provided for out of the general and/or enterprise funds. However, it is the city's policy that all new development in areas requiring service bears Page 67 of 92 7-3 New Business 16 the burden of providing necessary facilities. If and when the property sought to be annexed is developed, the developer will have to construct and install appropriate municipal service facilities such as streets, curb, gutter, sidewalk, water and sewer lines, as provided by city code. Construction of water and/or sewer line extensions involving multiple properties will be phased to coincide with the financial readiness of said property owners and the city. 3. If services in an annexed area are substandard, then the financing of improvements to bring the area up to city standards may be necessary through such means as a special improvement district. The city may decline to annex areas that contain significant substandard improvements. The site annexation policy declaration, submitted with individual annexations, will identify a schedule for necessary improvements to the area. 4. Unless otherwise agreed by the city in writing, the annexation of real property into the municipal, limits shall not obligate the city to construct or install utilities or other public infrastructure. The decision to extend or install such improvements shall be vested solely in the discretion of the city council. G. The estimate of tax consequences. The estimate of tax consequences to residents in both new and old territory of the city resulting from the proposed future annexations cannot be accurately assessed at this time. As each annexation proposal occurs, the city will review the tax consequences of that annexation. H. Affected entities. The following is a list of potentially -affected entities, to which copies of the annexation policy declaration has been supplied prior to its adoption. In addition, as annexation proposals occur, the entities affected by the proposed annexation will be notified. Grand County 10-2-402. Annexation -- Limitations. (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (b) An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and Page 68 of 92 7-3 New Business 17 (iv) for an area located in a specified county with respect to an annexation that occurs after December 31, 2002, the area is within the proposed annexing municipality's expansion area. (2) Except as provided in Section 10-2-418, a municipality may not annex an unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation. 10-2-418. Annexation of an island or peninsula without a petition -- Notice -- Hearing. (1) For purposes of an annexation conducted in accordance with this section of an area located within a county of the first class, "municipal -type services" for purposes of Subsection (2)(a)(ii)(B) does not include a service provided by a municipality pursuant to a contract that the municipality has with another political subdivision as "political subdivision" is defined in Section 17B-1-102. (2) (a) Notwithstanding Subsection 10-2-402(2), a municipality may annex an unincorporated area under this section without an annexation petition if: (I) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; (B) the majority of each island or peninsula consists of residential or commercial development; (C) the area proposed for annexation requires the delivery of municipal -type services; and (D) the municipality has provided most or all of the municipal -type services to the area for more than one year; (ii) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and (B) the municipality has provided one or more municipal -type services to the area for at least one year; or (Iii) (A) the area consists of: (I) an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and (II) for an area outside of the county of the first class proposed for annexation, no more than 50 acres; and (B) the county in which the area is located, subject to Subsection (3)(b), and the municipality agree that the area should be included within the municipality. (b) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: Page 69 of 92 7-3 New Business 18 (i) in adopting the resolution under Subsection (4)(a)(i), the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and (ii) for an annexation of one or more unincorporated islands under Subsection (2)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (2)(a)(ii)(A) relating to the number of residents. General plan annexation area boundary description The boundary encompasses: Portions of Sections 25, 26, 27, 34 and all of Sections 35 and 36 in Township 25 South, Range 21 East, Salt Lake Base & Meridian; Portions of Section 31 in Township 25 South, Range 22 East, Salt Lake Base & Meridian; All of Sections 1, 2 and 12 together with portions of Sections 11 in Township 26 South, Range 21 East, Salt Lake Base & Meridian; All of Sections 6, 7 and 18, together with portions of Sections 5, 8, and 17 in Township 26 South, Range 22 East, Salt Lake Base & Meridian, and is more particularly described as: Beginning at the SW Corner of Section 18, T 26 S, R 22 E, SLBM; Thence northerly to the NW Corner of said Section 18; Thence westerly to the SW Corner of Section 12, T 26 S, R 21 E, SLBM; Thence northerly to the SE Corner of Government Lot 1, Section 11, T 26 S, R 21 E, SLBM; Thence westerly to the NE corner of Section 10, T 26 S, R 21 E, SLBM; Thence northerly to the SW Corner of Section 2, T 26 S, R 21 E, SLBM; Thence northerly to the NW Corner of said Section 2; Thence westerly to the SW Corner of the SE1/4SW1/4 of Section 34, T 25 S, R 21 E, SLBM; Thence northerly to the NW Corner of Government Lot 10, Section 27, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of Government Lot 8, Section 26, T 25 S, R 21 E, SLBM; Thence southerly to the SE Corner of said Government Lot 8; Thence easterly to a point on the West Section Line of said Section 26; Thence southerly to the NE Corner of the SE1/4SE1/4 of said Section 26; Thence easterly to the NE Corner of Government Lot 6, Section 25, T 25 S, R 21 E, SLBM; Thence southerly to the NW Corner of Government Lot 3, Section 31, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of the SE1/4NW1/4 of said Section 31; Thence southerly to the SE Corner of Government Lot 9, said Section 31; Thence easterly to the NE Corner of Section 6, T 26 S, R 22 E, SLBM; Thence easterly to the NE Corner of Government Lot 4, Section 5, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of the SW1/4SW1/4 of said Section 5; Page 70 of 92 7-3 New Business 19 Thence southerly to the SE Corner of the SW1/4SW1/4 of Section 8, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of Government Lot 35, Section 17, T 26 S, R 22 E, SLBM; Thence westerly to the SE Corner of Section 18, T 26 S, R 22 E, SLBM; Thence westerly to the SW Corner of said Section 18, said point being the POINT OF BEGINNING. Page 71 of 92 7-3 New Business 20 General Plan Annexation Area Boundary Legend General Plan Annexation Area (Ordinance 2008-23) 411jt urrent City Limits Ownership Parcels 0 0.5 1 1 inch equals 0.5 miles 2 Mites Page 72 of 92 7-3 New Business lead . 009 Baal 00Z = 1-10u! I - OOP 00Z 001. uoilexauuy A ennu n Li s 0 lead 009 Baal 00Z = 1-10u! I - OOP 00Z 001. u opxe u uv Aennu n s 1 SURVEYOR'S CERTIFICATE MOAB RV RESORT, LLC 01-035-0030 EAST 1270.50' EAST 744.50' NORTH 200 1270.50' KM REAL ESTATE ENTERPMSES, LLC 03.035-0028 304,920 sq. ft. 7.00 acres 03-035-0027 130,680 sq. ft. 3,00 acres Z NEW BOUNDARY LINE LOCATION 907.50 WEST 907.50' POINT OF BEGINNING 8 ABANDONED ER BOUNDARY LIN 07POINTOF BEGINNING 6RIMHALL 03-035-0156 LOT 18 WEST 21M.00' LOT 15 LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 LOT 9 LOT 8 LOT 7 LOT 6 LOT 5 WESTWOOD AVENUE LOT 4 LOT 3 LOT 2 LOT 1 LEGEND M Property Corner Section Corner Monument WEST 11.00' SOUTH f 144.00' fu G 3 g 8 b N n 0 0 SOUTH 56.00' EAST QUARTER CORNER SECTION 35, 725S, R21E, 1 SLB&M i z� m o's+ sl SOUTHEAST CORNER SECTION 35, T25S, R21E, ..11LB&M l I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the State of Utah and that I hold license no. 7540504. I further certify that land survey was made of the property described below, and the findings of that survey are as shown hereon. Lucas Blake License No. 7540504 BOUNDARY DESCRIPTION Exstng Parcel Description (03-035-0025) Beginning at a point 726 feet North and 174 feet West of the East 114 Comer of Sectlm 35, T25S, R21E, SLM; and running thence West 2015 feet; thence South 200 feat; thence East 2178 feel; thence North 30 feet; thence West 168 feet to a point on a chain link fence; thence North 1°41' East 170 feet along said fence to the point of begining. New Boundary DesctlptiOn (03-032-00291 Beginning at a point North 726 feet and West 11 feel and South 144.00 feet from the East Quarter comer of Section 36, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running thence South 56.00 feet; thence West 2178 feet; thence North 200.00 Teak thence East 1270.50 feet; thence South 144.00 feet, thence East 907.50 feet to the point of heglnning. Contains 904,920 sq. R. OR 7.00 acres. Existing Parcel Desalt:4w (03-035-0027( Beginning at a paint 728 feet North and 11 feet West of the East 1M Comer of Section 36, T25S, R21E, SLM; and running thence South 170 feet; thence West 168 feet; thence North 1 °41' East 170 feat thence East 163 feet to place of beginning. New Boundary Description (03-035-0027) Beginning at a point North 726 feet and West 11 feet from the East Quarter caner of Section 35, Township 25 South, Range 21 East SaR Lake Base and Meridian and running thence South 144.00 feet thence West 907.5 feet thence North 144.00feet; thence East 907.50 feet to the point of beginning. COMeina 130,880 aq. PL OR 3 00 acres. NARRATIVE The Basis of Bearings is North 00°32'14" East between the Southeast comer and the East Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian. The purpose of this survey is to retrace and monument the boundary of the above described properties according to the official records and the location of pertinent existing improvements located on the ground, and to modify the boundary line between the two parcels as described hereon. GRAPHIC SCALE 10o o so 10o 1"(INCH)= 100'(FEET) LOCATED IN THE NORTHEAST QUARTER OF SECTION 35 TOWNSHIP 25 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN BOUNDARY LINE ADJUSTMENT 963 N 500 W MOAB, UT 84532 MIKE & KELLY SHUMWAY RED DESE Land Surveying 30 South MEW Moab, UTE14532 435.259.6171 Project 093-17 Date 6/22/17 Sheet 1 OF 1 7-3 New Business 2 O V N A ,00.9S $ H1f10S� ,00'444, Hinos .001i 1S3M L 10l 3O NINNIE2341 VON11 „3Nn±,�w5 JI u3Pi90NVEH V.IINNI939 361N IOd Z101 £101 9101 9101 L101 9101 6101 0L 101 LL 1.01 ZL 101 £L 101 .00'6L ►L 101 9L 101 4Z 1S3M 9L 101 ssau!sn8 maN £-L ,09-44L 1Sb'3 A V-) ©350d0Ud 0E00-990-iO all 190939 1U WOW :aJn ooz 'u'bs nz6'40E 2700-SEO.E0 711'5351110:131N331tl1531V38 WA .0S-OLZ6 1SV3 V-a 0350dobd Page 76 of 92 00 00Z HlaON ssauisn8 MaN £-L 213a2103321 A1Nn03 333 30Vd >1008 31VCI 301S3n0311 3H1 lb' a3a2i03321 'A1Nn00 aN` 89 'H`dln 30 31b'1S 'ON HDCM100821 A1NnOo 80A3n21nS A1Nno0 A8 'a'e LTOZ 30 Ada SIHl a3n0Hddt1 1dn0ThiddY 210A�/ginS A1Nnoo W'88l S 3TZ21 'SS?! I 'S£ NOI1a3S 13N210D 1S`d3H1noS 1APSMS '3TZa 'SSZ1 'S£ N01133S 213N2100 a31Mtino lSd3 133a1S 1S3M 00S S3210`d66.6 2i0 '131DS 686'9Eb -61.1uu16aq;o;uiod ay; o; s;luau /(;10 6uoie;aa; i t06Zb 1Sb'3 aouay; 's;1w11 geoW uo;ulod a o;;aa; 00.06 1SVA aouay;'aim Oysaaumo 6uoie;aa; 9£ L66 H1nOS aouay; `;aa; 86•9b96 M 19068 N aouay; `;aa; Ot7"9 M ,E0o00 S aouay; lea; 09'9179 M ,9bo68 S aouay; silwq Alp pies 6uoie 6uluuna pue ueippow pue ase8 a>lel;leg `;se3 LZ e6ue2:1 `y;nog 9Z d!Usumol '9g uol;oeS ;o aauaoo Ja;Jenp;sea ay; wog;;aa; 06.6ZL 3 3C.00 N 6ulaq pod pies 's;iwll 1;s0 geoW ay; uo;upd a;e 6wuui6a8 `d82:IV NOI1bX8NNV AO NOI1d1HOS8a A INICIN(108 a;ea b090179L oN asuaoll aNei8 scorn geoW Alp ay; }o s;.!wii aleaodaoo ay} olui paxauue aq o; puel to ea le ayo }o Aaepunoq ay; 2uyoidap to asodand ato. Jot. paaedaad seen dew sly ;eye aayoin} I .17050175L •ou asuaoij ploy pue yeln awls atop smei ay; aapun pacmosaad se aoAanans puel leuoissaioad e we ley; Ai.uaao `a)e18 seonl 'I 31VOIA112130 Si2i013AW1S I a3n021ddd 213021033H A113 a3n021ddV 210AV W A110 8`d0w A8 Cl3A02:1ddb' 3nN3AV OOOMIS3M SllWll Alla 8VOW 8-L lO1 `d-L 101 Z 101 IS111N11 3 8VOW i >I3018 'V IV d 'NoiSlniaanS S3CIVSiltid E101 i7101 5101 9101 L101 8101 6101 01. 101 LL 101 ZL 101 C1, 101 VI. 101 91 101 91- 1Q1 9ST0-S£0-£0 11dHWIH8 3O �aa4S LZ/0£/S alea L�-£fi0 ��afo.Id LLM6SrS£b Z£Sb81n 'geow lSe3 oot 41n0S 0£ SuraaAms purq Nb'1012131AJONb 3Sb'8 3>iV-1 11VS 1Sb3 l Z 39Md21 `-linos 9Z dIH9NM01 9£ N01103S 30 213121Vn018V3H1210N 31-11 N1 031`d001 OSZO-S£0-£0 a21A8 1-06Z 6 1S` 3 lii(\\r,\\\/,\\\\ / 9NINN1938 301NIOd i .98175 M .9t .68 S S11 W 11 All3 8V0 W T£00-S£o-TO ANbd W 03110 >I3d18 LZ00-S£0-£0 all ANddIAJOD NV30 W SZ00-S£0-£0 all `S3S18d2i31N3 31b'1S3 1d321 W� ,0.£06 1Sd3 LSTO-S£0-£0 (Ida ,t7'9 Hlnos Hdln 'A1Nnoo ONd219 `A110 OVUM NIVIC 213W ONIV 3Sd8 3>id111VS 1SV3 LZ 30N1V21 'HinOS 9Z dIHSNM01 98 N01103S 30 213n:poin01S`d31-11210N 31-11 NI1-111M S®NV1 AO NOLLVX3NNV NV ddW NOI LVXD N Nb Wei 0£00-S£0-TO all N011b'ZIN`d9210 9NdM .0'Lt796 M 19.68 N S11W11 A113 8VOIAI 1 3SVHd 12i0S321 AH 1d1210d £i7t0-S£O-£0 311 '1210S321 n21 8V0 W (Sl N) db'W AlINIOIA Page 77 of 92 Beginning at a point on the Moab City limits, said point being N 00°31' E 729.90 feet from the East Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running along said city limits thence S 89°46' W 548.60 feet; thence S 00°03' W 5.40 feet; thence N 89°57' W 1646.98 feet; thence SOUTH 197.38 feet along ownership line; thence EAST 903.00 feet to a point on Moab City Limits; thence EAST 1290.74 feet along city limits; thence N 00°31' E 203.6 feet the point of beginning. 435,181 SQ. FT. OR 9.99 ACRES Page 78 of 92 7-3 New Business Moab City Council Agenda Item Meeting Date: September 26, 2017 #: 7-4 Title: 100 West Sewer Replacement Project Engineering Scope of Services Date Submitted: September 18, 2017 Staff Presenter: Chuck Williams, City Engineer Attachment(s): 100 West Sewer Line Replacement Project - Scope of Services Options: Approve, deny, or modify. Recommended Motion: I move to approve the Bowen Collins & Associates (BC&A) Scope of Services for the 100 West Sewer Replacement Project. Background/Summary: The City previously contracted with Bowen Collins & Associates (BC&A) to complete a sewer master plan study meant to identify current deficiencies and improvements necessary to meet future projected sewer flows. As a result of this study, it was determined that the 100 West sewer line between 100 South and Walnut Lane is undersized. BC&A proposes to design the replacement sanitary sewer line, and perform various other services in bidding out and overseeing construction of the line. Fee limit shall not exceed $54,728. Page 79 of 92 7-4 New Business Attachment A Scope of Services 100 West Sewer Line Replacement Project City of Moab, Utah September 11, 2017 BACKGROUND The City of Moab (City) recently contracted with Bowen Collins & Associates (BC&A) to complete a Sewer Master Plan Study (Study). The purpose of the Study was to evaluate the City's sewer collection system's ability to meet current and future sanitary sewer flows. The Study identified current deficiencies and improvements necessary to meet future projected sewer flows. The findings and conclusions of the Master Plan Study were recently presented to City staff. The Study determined that the 100 West sewer line between 100 South and Walnut Lane is reaching available hydraulic capacity with current peak flows. This capacity concern has been confirmed by City personnel, as they have observed periodic surcharging of manholes within this section of the collection system. Based upon the findings of the Study and observed surcharging, the City has requested BC&A to develop a scope and fee to further evaluate the potential of replacing the sewer line in 100 West between 100 South and Walnut Lane. This proposal also includes the final design of the replacement sewer line. It should be noted that the Study also recommended construction of a South Trunk Line. The South Trunk Line would convey existing and future sewer flows from the south end of the valley to the new water reclamation facility. The South Trunk Line would divert existing flows at the south end of the City to the new sewer line, thus reducing sewer flows conveyed through the existing sewer system including the 100 West line. Due to timing of construction of the South Trunk Line and concerns regarding the condition of the 100 West line, it is recommended that improvements to the 100 West sewer line be constructed prior to the construction of the South Trunk Line. SCOPE The following scope of work outlines the evaluation and design approach for the 100 West Sewer Line Replacement Project. The scope is divided by the following tasks: Task 1 — Preliminary Design The purpose of the Preliminary Design Phase to clearly define the scope of the construction project by identifying length of pipeline to be replaced, pipe size, alignment and potential constructability issues. Task 1-1: Survey and Utility Location. BC&A will contract with a local surveying firm to provide a topographic survey (1-foot contours) of the pipeline corridor including all visible surface features. The survey will also provide rim and invert elevations of all sanitary sewer manholes within the project area. BC&A will also contact existing utility companies and acquire mapping of existing utilities. This information will be utilized to identify utilities that may be impacted by the sewer project. If major utilities affect the final design of the project, we will notify the City of the need to pothole the utilities. Potholing is not included in this scope of work but can be added if requested. Task 1-2: Geotechnical Evaluation. A geotechnical study will be performed for this project providing design parameters for the project as well as subsurface information that can be Page 80 of 92 7-4 New Business considered by contractors in the bidding and execution of their work. We anticipate three borings to depths of approximately 15 feet deep. It is estimated that two borings will be located in the west shoulder of 100 West, with one boring being located on the south side Mill Creek. The Mill Creek boring will provide information necessary for evaluation of directional drilling alternatives. Task 1-3: Hydraulic Capacity and Alignment Evaluation. BC&A will review the data gathered in Tasks 1-1 and 1-2 to evaluate the best alternative to increase capacity within the 100 West sewer line. BC&A will evaluate existing flow conditions in the 100 South Line up to the first manhole east of 100 West. In addition, BC&A will evaluate the segment of sewer line that crosses Mill Creek. Based upon available information, BC&A will assess if improvements are needed at the Mill Creek crossing. These evaluations will set the basis of design for the recommended improvements including pipe size, location and length of pipe to be replaced. Task 1-4: Meetings. BC&A anticipates conducting three meetings with the City during Task 1 of the project. The first meeting will be a project kick-off meeting including gathering available information from the City. The second meeting will be to discuss the results of the hydraulic analysis and review final recommendations of the project. The third meeting will be to present final Technical Memorandum as identified in Task 1-5. Task 1-5: Preliminary Design Tech Memo with 3 0 % Design Drawings. BC&A will prepare a technical memorandum summarizing the findings of Tasks 1 through 4 including the Hydraulic Capacity and Alignment Evaluation. BC&A will also prepare 30% design drawings including plan and profile sheets. Task 2 — Final Design Task 2-1: Final Design: BC&A will prepare final design drawings in accordance with City standards. BC&A will prepare plan and profile drawings, typical details and project notes to construct the sewer project. BC&A will prepare 60% and 90% design drawings and technical specifications for review. Our scope of work and costs are based on the assumption that the following drawings will be prepared (30 scale 22x34 or 60 scale 11x17): Sheet Description G-01 Title Sheet, Index of Drawing, Vicinity Map G-02 Abbreviations, Symbols and Legends G-03 General Notes C-01 through C-03 Pipeline Plan & Profile Drawings CD-01, -02 General Civil Details Total: 8 Sheets Task 2-3: Final Design, Technical Specifications, and Contract Documents (100%). BC&A will prepare electronic contract documents and 11x17 drawings (PDF) for bidding on the project including the front end documents, invitation to bid, bid schedule, measurement and payment, and technical specifications. Page 81 of 92 7-4 New Business Task 2-4: Construction Cost Estimate. BC&A will prepare an engineer's opinion of probable construction cost for the project. Task 2-5: Meetings. BC&A will meet with the City at 60% and 90% stages of the project. Any comments on the design will be incorporated into the final design. Meeting minutes will be prepared and delivered for all meeting attendees. Task 3 —Bidding and Construction Management Services Task 3-1: Bid Period Services. BC&A will attend and conduct the pre -bid meeting held at the City offices. Meeting minutes will be distributed to all attendees. BC&A will prepare responses and answer questions submitted from prospective contractors during the bid period. BC&A will work with the City to prepare required addenda to the contract documents during the bid period. BC&A will assist the City in evaluating the bids and selecting a contractor. Task 3-2: Pre -Construction and Construction Progress Meetings. BC&A will prepare for and attend a pre -construction meeting with the selected contractor. It is assumed that BC&A will be on site two additional days throughout the construction phase. These additional days could be to attend progress meetings, provide assistance during horizontal directional drilling or any other time at the discretion of the City. Task 3-3: Construction Management Services. BC&A's services during construction will include assisting the City in reviewing submittals and responding to requests for information. The engineering fee estimate is based on the assumption that we would spend 2 hours a week over an assumed 8 week construction period. It is understood that the City will provide an inspector on the project for construction observation on a daily basis. ASSUMPTIONS • It is assumed that the geotechnical investigation will be completed at the same time that the investigation for the South Trunk Line. • It is anticipated that soil testing during construction will be performed by a qualified testing agency (third party) paid for by the contractor. • The City will provide an inspector to observe construction during the construction phase of the project. • Potholing is not included in the contract but may be included for additional scope and fee. It is assumed that any permits will be obtained by City personnel assistance from BC&A. FEE BC&A proposes to complete the scope of work described above for time and expenses with a limit not to exceed $54,728.00 unless approved in writing. SCHEDULE Our staff is available to complete the schedule shown in Attachment C after the agreement between the City and BC&A is signed, subject to easements, permits, delays, or other circumstances outside of our control. We appreciate the opportunity to provide this proposal to the City. Please contact Jeff Beckman (801-495-2224 or jbeckman@bowencollins.com) if you have any questions or comments. Page 82 of 92 7-4 New Business Attachment B 100 West Sewer Line Replacement Project City of Moab Proposed Bowen, Collins & Assoc. Engineering Fee Last Updated 9/12/17 R2 Office/Support Technicians Engineers Subtotal Hours Subtotal Labor AGEC Geotechnical Engineering Red Desert Land Surveying Subtotal Expenses Total Cost Labor Category Office Editor Tech 3 Tech 4 Eng. 1 Eng. 6 Eng. 6 PM QA/QC Staff LL MH SR TA JW BP KL JB BM 2017 Labor Rate $63 $74 $107 $110 $107 $157 $157 $157 $152 Task No. Phase/Task Description 1 Preliminary Evaluation 1-2 Survey and Utility Location 8 2 10 $ 1,170.00 $ 1,500.00 $ 1,500 $ 2,670.00 1-3 Geotechnical Investigation 2 2 $ 214.00 $ 7,000.00 $ 7,000 $ 7,214.00 1-4 Hyrdualic Capacity and Alignment Evaluation 12 6 2 20 $ 2,540.00 $ - $ 2,540.00 1-5 Meetings (3) 30 4 34 $ 5,338.00 $ 900 $ 6,238.00 1-6 Preliminary Design Tech Memo and 30% Drawings 16 16 8 2 42 $ 4,984.00 $ - $ 4,984.00 Task 1 Subtotal 0 0 16 0 38 46 0 6 2 108 $ 14,246.00 $ 7,000.00 $ 1,500.00 $ 9,400 $ 23,646.00 2 Final Design 2-3 Final Design, Technical Specifications, and Contract Documents (100%) 8 12 40 40 24 4 2 130 $ 14,652.00 $ - $ 14,652.00 2-4 Construction Cost Estimate 4 2 6 $ 742.00 $ - $ 742.00 2-5 Meetings (2) 20 4 24 $ 3,768.00 $ 1,000 $ 4,768.00 Task 2 Subtotal 8 12 40 0 44 46 0 8 2 160 $ 19,162.00 $ - $ - $ 1,000 $ 20,162.00 3 Bidding and Construction Management Services 3-1 Bid Period Services 8 2 10 $ 1,570.00 $ 300 $ 1,870.00 3-2 Pre -Construction and Construction Progress Meetings (3-total) 30 30 $ 4,710.00 $ 1,200 $ 5,910.00 3-3 Construction Management Services 20 20 $ 3,140.00 $ - $ 3,140.00 Task 3 Subtotal 0 0 0 0 0 58 0 2 0 60 $ 9,420.00 $ - $ - $ 1,500 $ 10,920.00 Total Cost (Task 1 through 3) 8 12 56 0 82 150 0 16 4 328 $ 42,828.00 $ 7,000.00 $ 1,500.00 $ 11,900.00 $ 54,728.00 Expenses include: Mileage reimbursement at $0.75/mile 10% markup -subcontractors and project expenses Rates shown are 2017 rates Page 83 of 92 ssau!sn8 maN t-L Attachment C 100 West Sewer Line Replacement Project City of Moab Last Updated 9/6/17 Phases and Major Tasks 2017 2018 September October November December Janaury Feb ua y March April May June 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 Notice to Proceed - Oct. 1 2 Survey and Geotechnical -Nov 1 3 Preliminary Design - Nov 21, 2017 4 City Review - Dec 7, 2017 5 Final Design -Jan 15, 2018 6 City Review - Feb 1, 2018 7 Bid Period - Feb 21, 2016 8 Award and Execute Contract - March 21, 2018 9 Construction - May 21, 2018 Page 84 of 92 7-4 New Business Moab City Council Agenda Item Meeting Date: September 26, 2017 #: 7-5 Title Geotechnical Investigation for the South Trunk Line Engineering Scope of Services Date Submitted: September 18, 2017 Staff Presenter: Chuck Williams, City Engineer Attachment(s): Geotechnical Investigation for South Trunk Line - Scope of Services Options: Approve, deny, or modify. Recommended Motion: I move to approve the Bowen Collins & Associates (BC&A) Scope of Services for the Geotechnical Investigation of the South Trunk Line. Background/Summary: The City has contracted with Bowen Collins & Associates (BC&A) to complete a Preliminary Evaluation for a new sewer line that will serve the southern portion of the Valley. This sewer line has been called the South Trunk Line. Conceptual cost estimates have been developed for the South Trunk Line as part of the preliminary evaluation. To further develop the preliminary evaluation and better estimate construction costs, it is recommended that a geotechnical investigation be completed on the recommended alignment for the South Trunk Line. Fee shall not exceed $20,000. Page 85 of 92 7-5 New Business Attachment A Scope of Services Geotechnical Investigation for South Trunk Line City of Moab, Utah September 8, 2017 BACKGROUND The City of Moab (City) has contacted with Bowen Collins & Associates (BC&A) to complete a Preliminary Evaluation for a new sewer line that will serve the southern portion of the Valley. This sewer line has been called the South Trunk Line. Conceptual cost estimates have been developed for the South Trunk Line as part of the preliminary evaluation. To further develop the preliminary evaluation and better estimate construction costs, it is recommended that a geotechnical investigation be completed on the recommended alignment for the South Trunk Line. The following scope of work includes the geotechnical investigation along with the necessary coordination effort. SCOPE BC&A would contract with Applied Geotech Engineering Company (AGEC) to complete geotechnical investigation and engineering analysis. AGEC recently completed the geotechnical investigation for the new water reclamation facility and is familiar the geotechnical conditions in the area. It is proposed that 12 borings be drilled at strategic locations along the proposed alignment. The borings will be drilled to depths of 15 to 25 feet below the existing ground surface profile. AGEC will provide engineering analysis and provide a report that summarizes the evaluation including recommendations for construction. Appendix A includes the proposal from AGEC providing further detail for AGEC's scope of services. BC&A will coordinate AGEC's services with the City including being on -site during borings to assist in field locating the locations. FEE BC&A proposes to complete the scope of work described above for time and expenses with a limit not to exceed $20,000.00 unless approved in writing. This fee includes 10% mark-up on AGEC's services and 40 hours of coordination effort. This fee also includes one site visit. SCHEDULE It is estimated that the geotechnical work will be completed within 4-weeks after approval from the City, subject to easements, permits, delays, or other circumstances outside of our control. We appreciate the opportunity to provide this proposal to the District. Please contact Jeff Beckman (801-495-2224 or jbeckman@bowencollins.com) if you have any questions or comments. Page 86 of 92 7-5 New Business APPENDIX A Page 87 of 92 7-5 New Business AGEC Applied GeoTech September 5, 2017 Bowen Collins & Associates 154 East 14000 South Draper, Utah 84020 Attention: Jeff Beckman EMAIL.: jbeckman@bowencollins.com Subject: Proposal for Professional Geotechnical Services Proposed South Sewer Trunkline Moab, Utah Proposal No. 1170736 Gentlemen: Applied Geotechnical Engineering Consultants, Inc. is pleased to provide a proposal to conduct a geotechnical investigation for the proposed Moab City Sewer - South Trunkline to be constructed in Moab, Utah. PREVIOUS STUDY AGEC previously conducted a geotechnical investigation for the proposed Wastewater Reclamation Facility (WRF) at approximately 400 North Stewart Lane and presented our findings and recommendations in report addressed to Bowen Collins & Associates dated June 11, 2007 under AGEC Project No. 1070563. PROPOSED CONSTRUCTION We understand that the proposed South Trunkline alignment extends from the WRF site to the southeast and ends near Main Street and Uranium Avenue. We understand that the proposed alignment is approximately 9,000 feet in length and has two creek crossings. The trunkline is planned to consist of 24-inch diameter PVC pipe extending to depths of approximately 10 to 20 feet below the existing ground surface. The pipe installation at the two creek crossing may be open -cut or directional drilling. ANTICIPATED SUBSURFACE CONDITIONS Based on our experience in the area, the subsurface soil will likely consist of sand, gravel and possibly bedrock in some areas of the alignment. 600 West Sandy Parkway • Sandy, UtKg§i9 0M (801) 566-6399 • FAX (801) 566-6493 7-5 New Business Bowen Collins & Associates September 5, 2017 Page 2 PROPOSED STUDY Based on our understanding of the proposed construction and the subsurface conditions anticipated, we propose to conduct subsurface exploration, laboratory testing and engineering analysis to provide recommendations for design and construction of the proposed sewer trunkline. FEE We propose to perform the study as outlined in Exhibit A for a lump sum fee of $12,300. This assumes that the study is performed in conjunction with AGEC Proposal No. 1170751. The fee does not include the costs associated with obtaining permits, bonds or traffic control. We appreciate the opportunity of providing this proposal to you and look forward to working with you on the project. We propose that the scope of work be conducted in accordance with our long-term services agreement with Bowen Collins & Associates. If this proposal meets with your approval, please initiate a work order for the project. Sincerely, APPLIED GEOTECHNICAL ENGINEERING CONSULTANTS, INC. Christopher J. Beckman, P.E. CJB/rs Enclosures Page 89 of 92 7-5 New Business EXHIBIT A - SCOPE OF SERVICES APPLIED GEOTECHNICAL ENGINEERING CONSULTANTS, INC. Based on our understanding of the proposed construction, the anticipated subsurface conditions and our experience in the area, we propose the following Scope of Services. 1. Subsurface Exploration Drill 1 2 borings along the proposed alignment at the approximate locations shown on the attached figure. The borings will be drilled to depths ranging from approximately 15 to 25 feet below the existing ground surface or to practical auger refusal. The borings will be drilled to observe the subsurface profile, to obtain samples for laboratory testing and to measure the depth to groundwater. Slotted PVC pipe will be installed in the borings to facilitate future measurement of the water level, if encountered. 2. Laboratory Testing Conduct a laboratory testing program to determine the following characteristics of the subsurface soil: • Classification • Moisture Content • Dry Density • Consolidation • Strength • Water Soluble Sulfates 3. Engineering Analysis Analyze the results of the field and laboratory investigations to determine the following items: • Characterize the subsurface soils. • Determine the suitability of the subsurface soils for use in support of the sewer trunkline and manhole structures. • Provide recommendations that should be considered for construction on the on -site soil. • Drainage considerations. • Seismic characteristics. • Suitability of the on -site soil for use as fill. • Recommendations for imported fill. • Fill material compaction criteria. 4. Report Prepare a report that summarizes the information obtained from the study and presents our conclusions and recommendations. The study will be conducted under the supervision of a registered professional engineer. Page 90 of 92 7-5 New Business 14 000` � = 'ui � 31VOS z 0 �H1ilON .Y.N�WNJI�`d aOaN1WW00D2:1 Aanis 3NI-1NNfl2:1l Hinos A110 BVOW ssauisn8 maN 5-L Sti33N191\13 ONIlinSNoa 'S012pOSSd )5, 11 suilloo uemog ;I r: 9t1-v Lll org wrsoaQyd 1. s1-rrav ao 1724'9Ci i'„ianf o E �1_, ''0I vy4 svno,pep-a° s, , et a."a s'...pr y1.4 = !eF'�d 41 Resolution #53-2017 A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND DAVID EVERITT FOR THE POSITION OF CITY MANAGER Whereas, the governing body of the City of Moab is desirous to engage the services of David Everitt to serve for a term as the City Manager for the City of Moab under the direction of the governing body of the City, pursuant to Moab Municipal Code Section 93-09; and Whereas, the Employment Agreement has been presented to this meeting of the City Council. NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE EMPLOYMENT AGREEMENT 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 to day of , 2017. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #53-2017 Page 1 of 1 Page 92 of 92 L7-7 New Business