HomeMy Public PortalAboutPKT-CC-2018-06-26CITY OF
MOAB
Moab City
Council
June 26, 2018
Pre -Council Workshop
6: oo P.M.
REGULAR COUNCIL
MEETING
7: oo P.M.
Moab City Council Chambers
City Center
(aid East Center Street)
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CITY OF
MoAg
City Council
Regular Council Meeting
City Council Chambers
Tuesday, June 26, 2018 at 6: oo p.m.
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
6:00 p.m.
7:00 p.m.
PRE -COUNCIL WORKSHOP
■ Open and Public Meetings Act Training - David Church, Utah
League of Cities and Towns General Counsel
■ Community Energy Briefing - Rocky Mountain Power
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
1-1 June 12, 2018
1-2 June 19, 2018
MAYOR AND COUNCIL REPORTS
ADMINISTRATIVE REPORTS
PRESENTATIONS
4-1 Presentation by Edith Sage Regarding the BEACON After School
Program
CITIZENS TO BE HEARD
SPECIAL EVENTS/VENDORS/BEER LICENSES
6-1 Approval of a Request by Stephanie Haycock for an Amplified Music
Event at Old City Park on September 8, 2018 for the Chacon Family
Reunion
SECTION 2:
SECTION 3:
SECTION 4:
SECTION 5:
SECTION 6:
SECTION 7:
OLD BUSINESS
7-1 Approval of Proposed Ordinance #2018-11 — An Ordinance Adopting
the City of Moab Pay Plan Schedule and Adopting the Exempt and
Elected Officials Salaries for Fiscal Year 21318-2m9
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SECTION 8: NEW BUSINESS
8-1 Confirmation of Mayoral Appointment to the Moab City Water
Conservation and Drought Management Advisory Board
8-2 Utah Geologic Survey - Moab Geologic Hazards Presentation
8-3 Briefing regarding the Status of City Infrastructure and Capital
Improvement Funding Scenarios
8-4 Consideration for Adoption of Proposed Resolution #29-2018 — A
Resolution of the City Council of the City of Moab, Utah (The "Issuer"),
Authorizing the Issuance and Sale of Not More Than $800,000 Aggregate
Principal Amount of Sales Tax Revenue Bonds, Series 2018; and Related
Matters and setting a Public Hearing date of July 25, 2018
SECTION 9: EXECUTIVE CLOSED SESSION
9-1 An Executive Session for a Strategy Session to Discuss Pending or
Reasonably Imminent Litigation
9-2 An Executive Session to Discuss the Character, Professional
Competence, or Physical or Mental Health of an Individual
SECTION io: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 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
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MOAB CITY COUNCIL MINUTES -- DRAFT
REGULAR MEETING
JUNE 12, 2018
Regular Meeting: 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. Due to infrastructure damage caused by a
local fire, the Council chambers endured electrical power failure for a portion of the meeting resulting in
gaps in the meeting recording. In attendance were Mayor Emily Niehaus, Councilmembers Kalen Jones,
Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd and Karen Guzman -Newton. Also in attendance
were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Engineer
Chuck Williams, Records Specialist Eve Tallman, Treasurer Jennie Ross, Planning Director Jeff Reinhart,
Development Services Manager Sommar Johnson and Sustainability Director Rosemarie Russo.
Pre -Council Workshop: Mayor Niehaus called the workshop to order at 6:00 PM. The workshop
consisted of a briefing on the Utah State University —Moab (USU) Campus Project. City Engineer
Williams began with a brief presentation of civil engineering plans for the proposed campus access road,
and then introduced Cody Howick, of the Civil Science consulting engineering firm, as well as
representatives from USU and the State and Institutional Trust Lands Administration (SITLA). He
mentioned easements and rights -of -way, as well as cost estimates and funding secured from the
Permanent Community Impact Board (CIB) in the form of a loan and a grant. He outlined commitments
from the City, County, SITLA and USU and went over the timeline. Next, USU Executive Director Lianna
Etchberger spoke about the benefits to the community provided by the proposed new campus. She
mentioned SITLA's commitment to student housing. USU Vice Provost Rich Etchberger added there is
excitement about the project among the USU Board of Trustees and the Logan administrators.
SITLA Project Manager Troy Herold spoke about the support this project will provide to SITLA and USU.
He mentioned housing and noted there would not be dormitory -style housing but rather owner -
occupied units. He mentioned workforce housing and the desire to avoid short-term rentals.
Councilmember Guzman -Newton asked if the development would be done in phases. Herold noted
student housing would be first and stated a developer would be dictating the housing stock to be
provided. He said he anticipated mostly owner -occupied homes or homes rented to students and not
nightly rentals. Councilmember Duncan asked about the zoning and Herold explained there was a pre -
annexation agreement and City Manager Everitt noted it is in the City's R-4 zone. Discussion ensued
about projected student numbers and it was indicated there would eventually be more than one
thousand housing units.
Williams resumed his presentation with a timeline for CIB funding and discussed terms of the loan.
Everitt described the community redevelopment area and funding mechanisms. Councilmember Jones
asked about long-term plans for SITLA and development of the property in the event the campus
development stalls. Herold explained a lease approach for the housing development.
Regular Meeting Called to Order & Attendance:
Mayor Niehaus 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 May 22, 2018
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June 12, 2018
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1-1 Minutes
meeting with corrections. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0
aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Mayor and Council Reports:
Mayor Niehaus reported she met with the Powerhouse Lane focus group and discussed management of
the area and how to mitigate impacts. Niehaus also noted a Rocky Mountain Power briefing she
attended at which $36,500 in community contributions was announced. The Mayor also mentioned a
meeting she had with Marc Stilson, Regional Engineer for the Utah Division of Water Rights. The junior
water rights of San Juan Spanish Valley Special Service District were discussed. Mayor Niehaus reported
on a meeting of the Southeast Utah Association of Local Governments; CIB and weatherization funds
were discussed. Finally, the mayor noted a bypass study meeting she attended which presented initial
concepts. She stated local government representatives are clear about making no compromises with
regard to residential neighborhoods.
Councilmember Derasary reported on the Utah Department of Highways (UDOT) Downtown Plan
meeting. She also mentioned a meeting regarding the future of the Uranium Mill Tailings Remediation
Act (UMTRA) site. Derasary noted that Congressman John Curtis was attempting to secure additional
funding for the UMTRA site cleanup. She also stated she attended meetings of the Grand County
Emergency Medical Services Special Service District, the Housing Task Force and TrailMix. At the TrailMix
meeting, the San Miguel Trail was discussed and she announced the 200 South bridge is now open.
Councilmember Duncan reported his attendance at the Grand Water and Sewer Services Agency
meeting at which Kens Lake was discussed. He mentioned an environmental assessment that would take
place in San Juan County regarding proposed development. He stated water would be a limiting factor.
Councilmember Knuteson-Boyd also reported on the UDOT bypass meeting. She stated preliminary
studies and information gathering were taking place, and there is no endorsement of the project by the
City. She also reported she attended the grand opening of the airport and announced the paving is
complete on the Grand County portion of the La Sal Mountain Loop Road.
Councilmember Guzman -Newton stated she attended a Chamber of Commerce meeting and the
Downtown Plan meeting. She reported she attended the high school graduation. She announced the
successful grand opening of the airport and thanked individuals who helped with art installation for the
terminal building. She also noted job openings at the airport. She mentioned the school district is hiring
a community coordinator and concluded with a mention of the Powerhouse focus group meeting, which
she attended.
Councilmember Jones reported he attended the Downtown Plan workshop.
Student of the Month: Mayor Niehaus awarded Ashlyn Dalton of Helen M. Knight School with the
Mayor's Student Citizenship of the Month Award for May, 2018.
Trust Accountability Award —Presentation
Doug Folsom of the Utah Local Governments Trust awarded the City with a Trust Accountability Program
(TAP) Award.
Administrative Report: City Manager Everitt briefly reported on the ongoing fire near the Cinema Court
apartments affecting the Holyoak neighborhood. He also mentioned that the recently -selected land
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user officer declined appointment and the advertisement had been reissued. He also noted recruitment
progress for other City positions. He described ongoing projects for pavement striping and LED lighting,
and concluded with a mention of his work on Chapter 5 Code Revisions.
Citizens to be Heard:
Mike Steele stated he is a neighbor of the McElhaney's Bed and Breakfast. He expressed his shock at the
agenda item regarding the Conditional Use Permit (CUP) for this business; he mentioned he was waiting
for the case to move through the courts. He testified he was angry, frustrated and confused. He
requested the Council to table the motion for a couple of weeks to make a good decision.
Travis Clark and Teri Clark stated they had nothing to gain or lose and noted there were no issues with
parking. Mr. Clark stated he shares a fence with the Bed and Breakfast. He noted there is a lot of traffic
and speculated it was drivers turning around. He suggested moving the dead-end sign. He claimed he
drives noisy vehicles and he has no issues with his neighbor.
Marc Horowitz remarked on his fear of fire caused by Fourth of July celebrants who break the law. He
requested that the Council not allow the sale of high -flying fireworks. He also requested that Citizens to
Be Heard be moved on the agenda to just after the Pledge of Allegiance.
Jeramey and Mary McElhaney stated that most of the information the City had received regarding their
Bed and Breakfast is false. They reiterated there were false accusations about them owning a Harley
Davidson rental business. They averred their family owns several Harleys and they don't rent them out.
They requested the approval of the Bed and Breakfast Conditional Use Permit (CUP) not be tabled.
Sharon Brussell spoke in favor of the proposed outdoor lighting ordinance. She suggested aligning the
City's ordinance with the County's ordinance as well as shortening the time required for compliance
from seven to ten years to five to seven years. She expressed that Moab can be a model for small towns.
Cindy Pickett stated she lives in Spanish Valley and is interested in the night sky. She said the Spanish
Trail Arena lights are the worst. She stated the lights are consuming the night and also mentioned many
outdoor lights are falsely labeled as dark -sky lighting. Pickett suggested taking the dark sky campaign to
children. She also noted it shouldn't take seven years to comply and suggested working with San Juan
County.
Public Hearing: Proposed Ordinance #2018-11— Adopting the City of Moab Pay Plan
At 7:46 PM, Mayor Niehaus opened a public hearing on an Ordinance Adopting the City of Moab Pay
Plan Schedule and Adopting the Exempt and Elected Officials Salaries for Fiscal Year 2018-2019. City
Recorder/Assistant City Manager Stenta made a brief presentation regarding the plan and noted a three
percent Cost of Living Adjustment for all personnel. No citizens spoke during the public hearing.
Councilmember Jones moved to close the hearing. Councilmember Guzman -Newton seconded the
motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and
Guzman -Newton voting aye.
Special Events/Vendors/Beer Licenses:
Moab Brewers LLC—Approved
Motion and Vote: Councilmember Derasary moved to grant Local Consent for a Bar License for Moab
Brewers, LLC, doing business as Moab Brewery located at 686 South Main Street. Councilmember
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Guzman -Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary,
Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Sun TRS Moab Valley LLC—Approved
Motion and Vote: Councilmember Jones moved to approve a Class III Beer License for Sun TRS Moab
Valley LLC, doing business as Moab Valley R. V. Resort & Campground located at 1773 North Highway
191. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with
Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Sun TRS Moab Valley LLC—Approved
Motion and Vote: Councilmember Guzman -Newton moved to approve a Class III Beer License for Sun
TRS Canyonlands LLC, doing business as Canyonlands R.V. Resort & Campground located at 555 South
Main Street. Councilmember Duncan seconded the motion. The motion carried 5-0 aye, with
Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Phantom Fireworks —Approved (1:32 on recording)
Discussion: Councilmember Derasary mentioned citizen concern regarding the sale of fireworks in the
City, and she expressed her understanding that State law forbids municipalities from prohibiting the sale
of fireworks. City Attorney McAnany affirmed that state law stipulates local governments cannot enact
local ordinance that counteract state law governing the sale fireworks. He further explained that
vendors have the right to sell Class C common fireworks during prescribed dates from June 24 to July 25,
even if the City sets rules prohibiting the use of such fireworks within City limits or other restricted
areas. Councilmember Duncan asked about which types of fireworks are legal to sell and McAnany
described various allowed and disallowed devices, with the adage "If it goes up or blows up, it's illegal."
McAnany also noted parents are liable for the actions of children and any person who causes damage
with fireworks is liable. Councilmember Jones asked about whether the several occasions of aerial
fireworks discharged in the past were illegal and McAnany stated they were. Councilmember Duncan
made clear that the Council's "hands are tied" because the state will not allow municipalities to limit the
sale of fireworks.
Motion and Vote: Councilmember Knuteson-Boyd moved to approve a Private Property Vendor
License for Phantom Fireworks Eastern Region, LLC, located at 817 South Main Street for a term of June
15 to July 31, 2018. Councilmember Derasary seconded the motion. The motion carried 4-1 aye, with
Councilmembers Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye and
Councilmember Jones voting nay.
Old Business:
Rules of Procedure —Approved
Discussion: City Attorney McAnany explained he revised the Rules of Procedure to clarify that comments
expressed during Citizens To Be Heard could discuss any topic except public hearing items.
Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #27-2018 — A
Resolution Amending Rules of Procedure for City Council Meetings and Hearings. Councilmember
Guzman -Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary,
Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
(1:39 on recording)
McElhaney v. City of Moab Settlement —Approved
Discussion: City Attorney McAnany explained the legislative history of the matter and noted a prior City
Council denied the McElhaney's Conditional Use Permit (CUP) for a Bed and Breakfast. He outlined the
case history. He stated that the Utah Supreme Court remanded the decision to the City Council and, in
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view of a possible new wave of litigation, he was instructed to find a settlement. McAnany explained
that since the decision, the applicable R-2 zone does not allow Bed and Breakfast businesses.
Councilmember Knuteson-Boyd asked about off-street parking and City Planner Reinhart explained
there was adequate off-street parking and no guest parking would be allowed on Arches Drive.
Councilmember Duncan asked if there would be an annual review of the CUP and Reinhart explained
that review, per state law, is not on an annual basis but rather is complaint -driven. If violations are
reported, Reinhart explained, there is an opportunity for the vendor to make corrections. The City may
potentially revoke the permit. Reinhart added he was not aware of any current violations.
Motion and Vote: Councilmember Derasary moved to table the motion and Councilmember Guzman -
Newton seconded the motion to table. The motion failed 2-3 aye, with Councilmembers Derasary and
Guzman -Newton voting aye and Councilmembers Jones, Knuteson-Boyd and Duncan voting nay so the
motion failed.
Additional Motion and Discussion: Councilmember Duncan then moved to approve the Settlement in
the McElhany v. City of Moab Case, including possible approval of a CUP for a Bed and Breakfast Facility
at 100 Arches Drive. Councilmember Knuteson-Boyd seconded the motion. Councilmember Duncan
asked neighbors to provide evidence of violations and Councilmember Knuteson-Boyd concurred and
stated she did not know what could be gained by putting it off. Mayor Niehaus concluded by stating the
current Council is bound by rules that were in place in the past, with a hope that there is now a better
grasp of direction for the future. She noted the McElhaneys were advised by a former Councilmember
that a Bed and Breakfast was a good source of supplemental income. She also noted the current Council
can consider a more thoughtful approach to Bed and Breakfasts in rural zones, as well as CUPS and the
R-3 and R-4 zones. Councilmember Derasary stated she had requested the tabling of the motion in view
of the great deal of correspondence she had received regarding the matter in the last week and wanted
more time to review.
Vote: The motion carried 3-2 aye, with Councilmembers Jones, Knuteson-Boyd and Duncan voting aye
and Councilmembers Derasary and Guzman -Newton voting nay.
New Business: (1:58 on recording)
Temporary Fireworks Ban —Approved
Motion and Vote: Councilmember Derasary moved to approve Proposed Ordinance #2018-13 — An
Ordinance Imposing a Temporary Ban on the Discharge of Fireworks within the City with added
stipulations that fireworks may not be discharged within twenty feet of a structure. Councilmember
Jones seconded the motion. Mayor Niehaus stated the proposed ordinance was restricting fireworks as
much as allowable under state law. It was noted that the Utah League of Cities and Towns has discussed
this topic of local control and that there is a robust lobbying effort on the part of the fireworks industry.
Councilmember Jones asked if there were any citations issued last year for violations. The motion
carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton
voting aye.
Designated Depositories —Approved
Motion and Vote: Councilmember Guzman -Newton moved to approve Proposed Resolution #28-2018 —
A Resolution designating depositories for Moab City Financial Accounts. Councilmember Jones seconded
the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan
and Guzman -Newton voting aye.
Outdoor Lighting Ordinance —Discussion
Discussion: City Planner Reinhart briefly presented proposed Ordinance #2018-14—An Ordinance
Updating Outdoor Lighting Requirements for Development within the Moab City Limits. He outlined
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code revisions and noted the aim to become a certified Dark Sky community. Councilmember Derasary
noted the topic may be difficult for average citizens to understand. Councilmember Jones urged
coordination with the County.
Planning Services —Approved
Motion and Vote: Councilmember Duncan moved to approve Procurement Contracts with Landmark
Design and GSBS for Planning Services to create Small Scale Plans and Provide Other Planning Services as
Required. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with
Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Councilmember Board Appointments —Approved
Motion and Vote: Councilmember Jones moved to Appoint Moab City Councilmember Derasary to the
Grand County Emergency Medical Services Special Services District Board and Councilmember
Knuteson-Boyd to the Museum of Moab Advisory Board. Councilmember Guzman -Newton seconded the
motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and
Guzman -Newton voting aye.
Fire Update: Police Chief Winder briefed the Council on the damage caused by the Cinema Court Fire in
the Holyoak neighborhood and stated that, at that time, eight residences, two garages, and one
business had been destroyed.
Approval of Bills Against the City of Moab: Councilmember Guzman -Newton moved to pay the bills
against the City of Moab in the amount of $295,953.88. Councilmember Jones seconded the motion.
The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and
Guzman -Newton voting aye.
Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Derasary seconded
the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan
and Guzman -Newton voting aye. Mayor Niehaus adjourned the meeting at 9:00 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
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MOAB CITY COUNCIL MINUTES -- DRAFT
SPECIAL JOINT CITY AND COUNTY COUNCIL MEETING
JUNE 19, 2018
Special Meeting & Attendance: The Moab City Council held a Special Joint City and County Council
Meeting on the above date in the County Council Chambers at the Grand County Council Chambers,
located at 125 East Center Street, Moab, Utah. A recording of the meeting is archived at
www. uta h.gov/pm n/index.htm I.
County Council Chair Mary McGann called the meeting to order at 5:30 PM. In attendance were Mayor
Emily Niehaus, City Councilmembers Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd, Karen
Guzman -Newton and Kalen Jones. Also in attendance were City Manager David Everitt, City Planner Jeff
Reinhart and Records/Project Specialist Eve Tallman. County Councilmembers Mary McGann (Chair),
Jaylyn Hawks, Rory Paxman, Curtis Wells, Patrick Trim and Greg Halliday were present, as well as Council
Administrator Ruth Dillon, Grand County Economic and Community Development Director Zacharia
Levine, County Clerk Diana Carroll, Moab Valley Fire Chief Phil Mosher, County Attorney Andrew
Fitzgerald, Sheriff Deputy Darrell Mecham, Emergency Management Director Rick Bailey, and other first
responder personnel.
Fire Update:
The meeting opened with introductions of personnel and an update on clean-up and recovery for the
recent Cinema Court fire. McGann noted the work of Jeff Whitney, Building Official, who was not in
attendance. She mentioned concerns about asbestos at the site and reported that Monument Waste is
assisting with the cleanup on a volunteer basis, inasmuch as possible. Dillon remarked on the Facebook
page named Clnema Court Flre Coordination. It was noted that more than $25,000 has been donated to
date.
Assured Housing Study and Nexus Analysis:
Zacharia Levine, Community and Economic Development Director introduced a presentation on Phase
Two of the Assured Housing Study and Nexus Analysis. Matt Kowta of BAE Urban Economics
summarized the assured housing findings to date. Kowta explained the process used to analyze housing
demand for service workers and ability to pay for housing as well as maximum feasible impact fees for
new lodging developments in order to defray expenses associated with providing affordable housing for
the workforce. Market rate housing was also contrasted with affordability for various income groups.
Kowta explained the proposed fees for nightly -rental developments and the resulting funds for
affordable units, and included possible profit factors. He explained variables in policy development.
Kowta answered questions from the council members and explained the governing bodies would have
the ability to determine the size and types for residential fees and he described an approach to charge a
fee based on a cost per square foot. He went on to clarify the premise used to develop average income
levels for typical workers and also offered to provide guidance for developing legislation. Regarding a
question from Councilmember Derasary he described a similar situation in Truckee, California and
efforts to protect against developers crossing into neighboring jurisdictions. Jones asked about the
model of single family units on one -acre lots. Levine noted most new development is on the larger lot
sizes. Wells asked how many assured housing policies his firm had developed and how many of those
have been litigated. Kowta stated there were no such cases that he had been involved in. Guzman -
Newton asked about personnel who would deal with a developer's estimate of affordability for the
housing fee and how long developers have been aware of the formulation of the new policy. Levine
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explained the history of the studies and legal review. Guzman -Newton asked about the comfort level of
the other members present. Mayor Niehaus stated she is encouraged that the county and city are
working together to move forward in a unified fashion and expressed her hope that San Juan county
would become involved. Wells, Guzman -Newton, Paxman, Halliday, Trim, Jones, Hawks, Knuteson-
Boyd, Derasary, Duncan and McGann concurred and provided comments. McGann thanked Chris Baird
for his early vision to prioritize affordable housing needs. Fitzgerald noted a reliable study of housing
prices and market fluctuations.
Watershed Coordinator:
Levine presented the need for multi -agency funding of the part-time watershed coordinator position for
the community. Mike Allred of the Utah Division of Water Quality requested some cost matching to help
fund the coordinator position. Arne Hultquist, watershed coordinator, talked about the main
components of the position, including coordination of the Moab Area Watershed Partnership,
administering grants, and monitoring water levels around the area. Hultquist noted the position pays
$35,000 per year, and noted local participation by the Bureau of Land Management and the Town of
Castle Valley. Hultquist explained the State welcomes participation by the City and County. Levine
suggested both the City and County may consider funding at the $2500 level. Halliday mentioned that
San Juan County should also be involved, and Hultquist mentioned he would request that Allred should
pursue that request.
Future Meeting Dates: Mayor Niehaus led a discussion regarding future joint meeting dates. She noted
her enthusiasm for the collaboration and dates were discussed. Future topics were mentioned and
frequency of meetings. The date of August 14 was proposed.
A brief discussion ensued regarding fire restrictions. Wells thanked the City for their leadership and
quick response to the Cinema Court fire.
Adjournment: Wells moved to adjourn. Halliday seconded the motion. The meeting was adjourned at
7:01 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
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Moab City Council Agenda Item
Meeting Date: June 26, 2018
#: 6-1
Title: Request for Amplified Music at Old City Park on September 8, 2018 for
Chacon Family Reunion on August 4, 2018.
Date Submitted: June 7, 2018
Staff Presenter: Carmella Galley
Attachment(s): Request Letter
Options: Approve, deny, or modify.
Recommended Motion: "I move to approve allowing amplified music at Old
City Park on September 8, 2018 for Chacon Family Reunion on August 4,
2018."
Background/Summary:
Use of amplified sound equipment at Old City Park is not permitted without
special permission of the City Council. The serving of alcohol at Old City Park
is not allowed without City Council approval.
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6-1 Special Events/Permits
Dear Council
June 7, 2018
This letter is to request amplified music at the Old City Park on Saturday August 4, 2018 from
approximately 12pm to 8pm. The purpose is to provide entertainment and atmosphere to a family reunion
at that location.
Thank you for your Considerat
Stephanie Haycock
Chacon Family Reunion Chair
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6-1 Special Events/Permits
Moab City Council Agenda Item
Meeting Date: June 26, 2018
Title: Adoption of Proposed Ordinance #2o18-11— Adopting the Pay Plan
Schedule and Appointed/Exempt and Elected Salaries
Date Submitted: June 21, 2018
Presenters: Rachel Stenta
Attachment(s):
- Proposed Ordinance #2o18-11
- Attachment A: Proposed FY 2018-19 Pay Plan including a 3% Cost of Living
Adjustment (COLA)
- Attachment B: Exempt and Elected Salaries
Background/Summary:
A public hearing was held on June 12, 2018 and no public comment was given. This is
the next procedural step to meet the requirement that compensation ranges be
adopted annually by Ordinance after a Public Hearing. Attached are the pay ranges
for fiscal year 2o18-2019. These ranges have been adjusted by a 3% Cost of Living
Adjustment (COLA) as a result of the last budget workshop.
Please let me know if you have any questions.
1
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7-1 Old Business
ORDINANCE NO.2018-11
AN ORDINANCE ADOPTING THE CITY OF MOAB PAY PLAN SCHEDULE
AND ADOPTING THE EXEMPT AND ELECTED OFFICIALS SALARIES FOR
FISCAL YEAR 2018-2019
WHEREAS, the Moab City Personnel Policies and Procedures Manual allows that pay
ranges may be adjusted periodically for comparable work in other municipalities; and
WHEREAS, the Moab City Personnel, Policies and Procedures Manual calls for annual
surveys of salaries; and
WHEREAS, in 2016 the City conducted a comprehensive salary survey through the
utilization of Personnel Systems Inc. and has presented the survey results to the
Governing Body; and
WHEREAS, positions within the City are rated and ranked according to four factors: Job
Knowledge, Responsibility, Difficulty and Work Environment and salaries are calculated
based on those ratings and rankings and incorporated into the pay plan schedule; and
WHEREAS, the proposed "City of Moab 2018-19 Proposed Pay Plan" is attached to this
ordinance as Attachment A, respectively; and
WHEREAS, the proposed "Exempt and Elected Officials Salaries" is attached to this
ordinance as Attachment B, respectively; and
WHEREAS, Moab Municipal Code Section 2.44.010 states that all salaries of the
elective and appointive officers of the City and the other employees of the City shall be
fixed by motion or resolution of the City Council as in accordance with existing law.
NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB
RESOLVE TO ADOPT The City of Moab 2018-19 Proposed Pay Plan (Attachment A)
and the Exempt and Elected Officials Salaries (Attachment B) as referred herein.
DATED this 26th day of June 2018.
SIGNED:
Emily S. Niehaus
Mayor
ATTEST:
Rachel E. Stenta
City Recorder
Ordinance #2018-11 June 26, 2018
Page 16 of 36
7-1 Old Business
CITY OF
CITY OF
M0AB
UTA H
"�AB
UTAH
Hourly Pay Rates
Pay Range
JOB TITLE
Minimum
Midpoint
Maximum
ADMIN ASSISTANT - AQUATIC
$16.72
$20.90
$25.07
ADMINISTRATIVE ASSISTANT I
$18.76
$23.45
$28.13
ADMINISTRATIVE ASSISTANT II
$20.57
$25.71
$30.85
ADMINISTRATIVE ASSISTANT - P&E
$18.33
$22.92
$27.50
ADMINISTRATIVE ASSISTANT - POLICE
$17.53
$21.91
_
$26.29
ADMINISTRATIVE ASSISTANT - PUBLIC WORKS
$18.47
$23.09
$27.71
ANIMAL CONTROL OFFICER I
$17.33
$21.66
$25.99
ANIMAL CONTROL OFFICER II
$20.16
$25.20
$30.24
ANIMAL CONTROL SUPERVISOR
$21.13
$26.42
$31.70
ANIMAL SHELTER MANAGER
$21.96
$27.45
$32.94
AQUATIC CENTER MANAGER
$26.92
$33.65
$40.37
AQUATIC MANAGER
$22.44
$28.05
$33.66
AQUATICS ASSISTANT MANAGER
$19.14
$23.92
_
$28.71
_
ARTS AND SPECIAL EVENTS ASSISTANT
$18.68
$23.35
$28.03
ARTS/SPECIAL EVENTS MANAGER
$22.88
$28.60
$34.32
ASSISTANT CITY ENGINEER
$22.22
$27.78
$33.33
ASSISTANT CITY MANAGER
$43.08
$53.84
$64.61
ASSISTANT CITY PLANNER
$20.95
$26.18
$31.42
ASSISTANT POLICE CHIEF
$30.10
$37.63
$45.15
CITY ENGINEER
$39.59
$49.49
$59.38
CITY MANAGER*
$57.91
$72.39
$86.87
CITY PLANNER
$29.51
$36.88
$44.26
CITY RECORDER/ASSISTANT CITY MANAGER
$45.89
$57.36
$68.83
CITY TREASURER
$23.35
$29.18
$35.02
CODE COMPLIANCE SPECIALIST
$18.54
$23.18
$27.82
COMMUNICATION AND ENGAGEMENT DIRECTOR
$28.92
$36.15
$43.38
CONSTRUCTION INSPECTOR
$21.65
$27.06
$32.47
DEPUTY RECORDER I
$18.93
$23.67
$28.40
DEPUTY RECORDER II
$19.92
$24.90
$29.88
DEPUTY TREASURER
$19.49
$24.37
$29.24
DEVELOPMENT SERVICES COORDINATOR
$26.15
$32.69
$39.23
EXECUTIVE ADMINISTRATIVE ASSISTANT
$19.89
$24.86
1$29.83
aae 17
f 3
6
Monthly Pay Rates
Pay Range
Minimum
Midpoint
Maximum
$2,898
$3,622
$4,346
$3,251
$4,064
$4,877
$3,565
$4,456
$5,347
_
$3,178
$3,972
$4,766
$3,038
$3,798
$4,558
$3,202
$4,003
$4,803
$3,003
$3,754
$4,505
$3,495
$4,369
$5,242
$3,663
$4,579
$5,495
$3,807
$4,758
$5,710
$4,665
$5,832
$6,998
$3,889
$4,862
$5,834
$3,317
$4,147
$4,976
$3,238
$4,048
$4,858
$3,966
$4,958
$5,949
$3,852
$4,815
$5,778
$7,466
$9,333
$11,200
$3,631
$4,539
$5,446
$5,218
$6,522
$7,827
_
$6,862
$8,578
$10,293
$10,038
$12,548
$15,057
$5,115
$6,393
$7,672
$7,954
$9,942
$11,931
_
$4,046
$5,058
$6,070
$3,214
$4,018
$4,821
$5,012
$6,266
$7,519
$3,752
$4,690
$5,629
_
$3,282
$4,102
$4,923
$3,453
$4,316
$5,180
$3,379
$4,223
$5,068
$4,533
$5,666
$6,799
$3,447
$4,309
$5,171
Annual Pay Rates
Pay Range
Minimum
Midpoint
Maximum
$34,771
$43,463
$52,156
$39,013
$48,766
$58,519
$42,779
$53,474
$64,169
$47,664
$57,197
_$38,131
$36,461
$45,576
$54,692
$38,425
$48,031
$57,637
$36,038
$45,047
$54,057
$41,939
$52,424
$62,908
$43,958
$54,948
$65,937
$45,680
$57,100
$68,520
$55,986
$69,982
$83,979
$46,672
$58,340
$70,009
$39,809
$49,762
$59,714
$38,862
$48,577
$58,293
$47,595
$59,494
$71,392
$46,221
$57,776
$69,332
$89,597
$111,996
$134,395
$43,572
$54,465
$65,357
$62,613
$78,267
$93,920
$82,345
$102,931
$123,517
$120,456
$150,570
$180,684
$61,375
$76,719
$92,062
$95,448
$119,310
$143,172
$48,558
$60,697
$72,837
$38,570
$48,213
$57,855
$60,149
$75,186
$90,224
$45,028
$56,285
$67,542
$39,381
$49,226
$59,072
$41,436
$51,796
$62,155
$40,544
$50,680
$60,816
$54,396
$67,995
$81,594
$41,369
$51,711
$62,053
Contract employees not tied to ranges
CITY OF
110h^91,1,
City of Moab
Proposed Pay Plan 20 = 9 (3% COLA)
CITY OF
MOAB
UTAH
Hourly Pay Rates
Pay Range
JOB TITLE
Minimum
Midpoint
Maximum
FACILITIES MECHANICAL TECHNICIAN
$19.16
$23.94
$28.73
FILM COMMISSION ASSISTANT
$18.04
$22.55
$27.06
FILM COMMISSION COORDINATOR
$24.83
$31.03
$37.24
HUMAN RESOURCE MANAGER
$33.75
$42.18
$50.62
LIFEGUARD
$17.32
$21.65
$25.98
MARC ADMINISTRATIVE ASSISTANT
$17.85
$22.32
$26.78
PARKS SERVICE WORKER I
$17.54
$21.92
$26.31
PARKS SERVICE WORKER II
$18.05
$22.56
$27.07
PARKS SERVICE WORKER III
$18.79
$23.49
$28.19
PARKS SUPERINTENDENT
$26.14
$32.67
$39.21
PARKS/RECREATION/TRAILS DIRECTOR
$34.63
$43.29
$51.95
POLICE CHIEF`
$43.67
$54.58
$65.50
POLICE OFFICER I
$20.86
$26.07
$31.29
POLICE OFFICER II
$21.48
$26.85
$32.22
POLICE OFFICER II/DRUG ENFORCEMENT
$21.48
$26.85
$32.22
POLICE OFFICER III
$22.37
$27.96
$33.55
POLICE OFFICER III/DRUG ENFORCEMENT
$22.37
$27.96
$33.55
PUBLIC FACILITIES SERVICE WORKER I/CUSTODIAN
$16.40
$20.50
$24.60
PUBLIC FACILITIES SUPERINTENDENT
$25.22
$31.52
$37.83
PUBLIC FACILITIES WORKER II
$16.67
$20.83
$25.00
PUBLIC FACILITIES WORKER III
$17.89
$22.37
$26.84
PUBLIC WORKS DIRECTOR
$38.16
$47.69
$57.23
RECORD/PROJECT SPECIALIST
$19.60
$24.50
$29.41
SAFETY SPECIALIST
$20.41
$25.51
$30.61
SENIOR PROJECTS MANAGER
$23.00
$28.75
$34.50
SERGEANT
$25.74
$32.18
$38.61
SEWER DIVISION SUPERINTENDENT
$27.28
$34.10
$40.92
SEWER SERVICE WORKER I
$18.37
$22.96
$27.55
SEWER SERVICE WORKER II/CDL
$19.40
$24.25
_
$29.10
SEWER SERVICE WORKER III/CDL
$21.66
$27.08
$32.49
SPORTS/RECREATION ASSISTANT
$20.59
$25.74
$30.88
SPORTS/RECREATION MANAGER
$25.12
$31.40
i37. % ,,f
6
Monthly Pay Rates
Pay Range
Minimum
Midpoint
Maximum
$3,320
$4,150
$4,980
$3,127
$3,909
$4,690
$4,303
$5,379
$6,455
_
$7,312
$8,774
_$5,849
$3,002
$3,752
$4,503
$3,095
$3,869
$4,642
$3,040
$3,800
$4,560
$3,128
$3,910
$4,692
$3,258
$4,072
$4,886
$4,531
$5,663
$6,796
$6,003
$7,504
$9,005
$7,569
$9,461
$11,353
$3,615
$4,519
$5,423
$3,723
$4,654
$5,584
$3,723
$4,654
$5,584
$3,877
$4,847
$5,816
$3,877
$4,847
$5,816
$2,842
$3,553
$4,263
$4,371
$5,464
$6,556
_
$2,889
$3,611
$4,333
$3,101
$3,877
$4,652
$6,614
$8,267
$9,920
$3,398
$4,247
$5,097
_
$3,537
$4,422
$5,306
$3,986
$4,983
$5,979
$4,462
$5,578
$6,693
$4,728
$5,910
$7,092
_
$3,184
$3,980
$4,776
$3,363
$4,204
$5,044
$3,754
$4,693
$5,632
$3,569
$4,461
$5,353
$4,354
$5,442
$6,530
Annual Pay Rates
Pay Range I
Minimum
Midpoint
Maximum
$39,843
$49,804
$59,765
$37,524
$46,905
$56,286
$51,640
$64,551
$77,461
$87,739
$105,286
_$70,191
$36,022
$45,028
$54,033
$37,138
$46,423
$55,708
$36,483
$45,604
$54,724
$37,539
$46,924
$56,308
$39,092
$48,865
$58,638
$54,367
$67,959
$81,551
$72,041
$90,051
$108,061
$90,827
$113,534
$136,241
$43,384
$54,230
$65,076
$44,675
$55,843
$67,012
$44,675
$55,843
$67,012
$46,529
$58,162
$69,794
$46,529
$58,162
$69,794
$34,105
$42,632
$51,158
$52,452
$65,564
$78,677
$34,664
$43,331
$51,997
$37,218
$46,522
$55,827
$79,362
$99,203
$119,044
$40,776
$50,969
$61,163
$42,449
$53,061
$63,673
$47,835
$59,794
$71,753
$53,544
$66,930
$80,316
$56,736
$70,920
$85,104
$38,206
$47,757
$57,309
$40,354
$50,443
$60,532
$45,053
$56,316
$67,580
$42,824
$53,530
$64,236
$52,244
$65,305
$78,366
Contract employees not tied to ranges
CITY OF
110h^91,1,
City of Moab
Proposed Pay Plan 2018-19 (3% COLA)
CITY OF
MOAB
UTAH
Hourly Pay Rates
Pay Range
JOB TITLE
Minimum
Midpoint
Maximum
STREETS SERVICE WORKER I
$17.82
$22.28
$26.74
STREETS SERVICE WORKER II/CDL
$18.39
$22.99
$27.58
STREETS SERVICE WORKER II/MECHANIC
$19.40
$24.24
$29.09
SERVICE WORKER III/CDL
$20.07
$25.09
$30.11
_STREETS
STREETS SERVICE WORKER III/MECHANIC
$22.60
$28.25
$33.90
STREETS SUPERINTENDENT
$26.55
$33.19
$39.83
SUSTAINABILITY DIRECTOR
$29.65
$37.06
$44.47
WATER DIVISION SUPERINTENDENT
$27.56
$34.45
$41.34
WATER SERVICE WORKER I
$18.37
$22.96
$27.55
WATER SERVICE WORKER I/METER READER
$18.43
$23.04
$27.65
WATER SERVICE WORKER II/CDL
$19.40
$24.25
$29.10
SERVICE WORKER III/CDL
$21.66
$27.08
$32.49
_WATER
WATER/SEWER SERVICE WORKER II/WWTP
$19.53
$24.41
$29.29
WWTP OPERATOR/SUPERINTENDENT
$28.43
$35.54
$42.65
Monthly Pay Rates
Pay Range
Minimum
Midpoint
Maximum
$3,090
$3,862
$4,634
$3,187
$3,984
$4,781
$3,362
$4,202
$5,043
$3,479
$4,349
$5,219
$3,918
$4,897
$5,876
$4,602
$5,753
$6,904
$5,139
$6,424
$7,709
$4,777
$5,971
$7,165
$3,184
$3,980
$4,776
$3,195
$3,994
$4,793
$3,363
$4,204
$5,044
$3,754
$4,693
$5,632
$3,385
$4,231
$5,078
$4,929
$6,161
$7,393
Annual Pay Rates
Pay Range I
Minimum
Midpoint
Maximum
$37,075
$46,344
$55,613
$38,248
$47,810
$57,372
$40,343
$50,429
$60,514
$52,186
$62,623
_$41,749
$47,010
$58,763
$70,516
$55,230
$69,037
$82,845
$61,671
$77,089
$92,507
$57,319
$71,649
$85,979
$38,206
$47,757
$57,309
$38,342
$47,928
$57,514
$40,354
$50,443
$60,532
$56,316
$67,580
_$45,053
$40,622
_
$50,778
$60,934
$59,143
$73,928
$88,714
Page 19 of 36
Contract employees not tied to ranges
ATTACHMENT B
Exempt and Elected Official Salaries
Section 1. The following are exempt positions:
City Manager See approved pay plan
Police Chief See approved pay plan
City Recorder/Assistant City Manager See approved pay plan
City Engineer See approved pay plan
City Treasurer See approved pay plan
Parks, Recreation & Trails Director See approved pay plan
Human Resource Manager See approved pay plan
Senior Project Manager See approved pay plan
Public Works Director See approved pay plan
Section 2. Yearly salary rates for the following elected official positions:
Mayor $12,669
Councilmembers $ 8,652
Planning Commission Members $50 per meeting
Information about all Moab City financial transactions can be found at:
http://www.utah.gov/transparency
Ordinance #2018-11—Attachment B
Page 20 of 36
7-1 Old Business
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
June 26, 2018
Agenda Item
#: 8-1
Title: Proposal to appoint John Gould to the Water Conservation and Drought Management
Advisory Board
Presenter: Mayor Niehaus
Department: Administration
Summary: In a unanimous vote at their regularly -scheduled meeting of June 13, the Water
Conservation and Drought Management Advisory Board nominated County resident John
Gould for the Mayor's consideration to present to the Council for confirmation.
Options: Confirm or deny.
Mayor's recommendation: Confirm
Recommended Motion: "I move to confirm the appointment of John Gould as a member of
the Water Conservation Board for a renewable term commencing upon approval and
expiring December 31, zozo, in accordance with the bylaws of the Water Conservation
Board."
Page 21 of 36
8-1 New Business
Moab City Council Agenda Item
Meeting Date: June 26, 2018
#: 8-2.
Title: Utah Geological Survey - Moab Geologic Hazards Presentation
Date Submitted: June 14, 2018
Staff Presenter: Chuck Williams, City Engineer
Attachment(s): Geologic Hazards of the Moab Quadrangle
Background/Summary:
Utah Geological Survey (UGS) has produced a final study and maps on 13 geologic
hazards contained in the Moab 7.5-minute quadrangle, in south-central Grand County, Utah.
The quadrangle encompasses the City of Moab municipality and the northern part of the
Moab -Spanish Valley, a northwest -southeast -trending graben formed from the collapse of a
salt anticline. The Moab -Spanish Valley area has experienced rapid population growth in
residential and commercial areas and is expected to see increasing growth in the coming
decades. As the population grows and tourism increases in the area, urbanization will
increase; therefore, comprehensive geologic information available early in the planning and
design process is critical to avoid or reduce the risk from geologic hazards and protect
public health, welfare, safety, and the local economy. Municipalities may develop geologic
hazard ordinances to this effect {Utah Code 10-9a-505(c)}.
Geologic -hazard mapping is a multidisciplinary, dynamic process that uses a variety
of available data to create an integrated product intended for multiple uses. The study
provides geotechnical engineers, engineering geologists, design professionals, building
officials, developers, and the public with information on the types and locations of geologic
hazards that may affect existing and future development in the Moab quadrangle.
The geologic -hazard maps are designed as aids for general planning to indicate
areas where detailed, site -specific geotechnical/geologic-hazard investigations are
recommended. They address shallow groundwater, salt tectonics -related ground
deformation, flooding, landsliding, rockfall, radon potential, collapsible soil, expansive soil
and rock, corrosive soil and rock, soluble soil and rock, piping and erosion, wind-blown
sand, and shallow bedrock.
UGS staff will present and deliver the maps and study for the Council. Action by
Council is not requested at this time.
Page 22 of 36
8-2 New Business
Moab City Council Agenda Item
Meeting Date: June 26, 2018
#:
Title: Briefing regarding the Status of City Infrastructure and Capital
Improvement Funding Scenarios
Date Submitted: June 19, 2018
Staff Presenter: Chuck Williams, City Engineer
Attachment(s): NA
Options:
Recommended Motion: NA
Background/Summary:
The City of Moab owns and maintains significant amounts of infrastructure
that allows City residents and visitors to have: pure water to drink, a system
for liquid and solid waste to be disposed of in a sanitary manner, a multi -
modal transportation system, recreational/fitness accommodations and the
necessary administrative facilities to maintain this infrastructure as well as
support the other elements (administration, police, etc.) of City of Moab
government.
Infrastructure to provide the above services needs to regularly be maintained
as well as occasionally expanded due to changes in City demographics
(growth, etc.), changes in the regulatory requirements (changing state and
federal mandates e.g. ADA) and equipment simply ending it's useful life (
pipes, etc.).
The purpose of this briefing is to provide the Council with an update on the
status of certain infrastructure as well as to present and discuss the need for
funding of multiple infrastructure projects.
Page 23 of 36
8-3 New Business
Moab City Council Agenda Item
Meeting Date: July 11, 2017
#:8-4
Title: Adoption of the a Parameters and Designation Resolution for the CIB
Loan for the Mill Creek Road West Development to the future USU Campus
Authorizing the Issuance and of not more than $800,000 of Sales Tax Revenue
Bonds and setting a Public Hearing date of July 25, 2018
Date Submitted: June 20, 2018
Staff Presenter: Chuck Williams, City Engineer
Attachment(s): Proposed Resolution 29-2018
Options: Approve, deny, or modify.
Recommended Motion: I move to adopt the Resolution 8-4" Parameters and
Designation Resolution for the CIB Loan for the Mill Creek Road West
Development to the future USU Campus"
Background/Summary:
On February 2„d , 2017 the City of Moab received Loan Authorization from the
Community Impact Fund Board (CIB) for a $727,000 loan for the construction
of infrastructure improvements to Utah State University property in order to
prepare for a higher education campus, affordable housing and commercial
development within the City.
Construction plans will be completed in July and construction of the
infrastructure should start in November 2018.
In order to fund the project the attached Resolution 29-2018 needs to be
adopted by Council establishing the parameters of the loan and scheduling the
public hearing for July 25, 2018.
Page 24 of 36
8-4 New Business
City of Moab, Utah
June 26, 2018
The City Council (the "Council") of the City of Moab, Utah, met in regular public
session at the regular meeting place of the Council in Moab, Utah, on Tuesday, June 26,
2018, at the hour of 6:00 p.m., with the following members of the Council being present:
Emily Niehaus Mayor
Rani Derasary Councilmember
Mike Duncan Councilmember
Karen Guzman -Newton Councilmember
Kalen Jones Councilmember
Tawny Knuteson-Boyd Councilmember
Also present:
Rachel Stenta
David Everitt
City Recorder
City Manager
After the meeting had been duly called to order and after other matters not pertinent
to this resolution had been discussed, the City Recorder presented to the Council a
Certificate of Compliance with Open Meeting Law with respect to this June 26, 2018,
meeting, a copy of which is attached hereto as Exhibit A.
The following resolution was then introduced in written form, was fully discussed,
and pursuant to motion duly made by Councilmember and seconded by
Councilmember , was adopted by the following vote:
AYE:
NAY:
The resolution is as follows:
Page 25 of 36
8-4 New Business
RESOLUTION NO. 29-2018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOAB,
UTAH (THE "ISSUER"), AUTHORIZING THE ISSUANCE AND SALE
OF NOT MORE THAN $800,000 AGGREGATE PRINCIPAL AMOUNT
OF SALES TAX REVENUE BONDS, SERIES 2018 (THE "BONDS");
FIXING THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF
THE BONDS, THE MAXIMUM NUMBER OF YEARS OVER WHICH
THE BONDS MAY MATURE, THE MAXIMUM INTEREST RATE
WHICH THE BONDS MAY BEAR, AND THE MAXIMUM DISCOUNT
FROM PAR AT WHICH THE BONDS MAY BE SOLD; DELEGATING
TO CERTAIN OFFICERS OF THE ISSUER THE AUTHORITY TO
APPROVE THE FINAL TERMS AND PROVISIONS OF THE BONDS
WITHIN THE PARAMETERS SET FORTH HEREIN; PROVIDING FOR
THE PUBLICATION OF A NOTICE OF PUBLIC HEARING AND
BONDS TO BE ISSUED; PROVIDING FOR THE RUNNING OF A
CONTEST PERIOD AND SETTING OF A PUBLIC HEARING DATE;
AUTHORIZING AND APPROVING THE EXECUTION OF A
SUPPLEMENTAL MASTER RESOLUTION AND OTHER
DOCUMENTS REQUIRED IN CONNECTION THEREWITH;
AUTHORIZING THE TAKING OF ALL OTHER ACTIONS
NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS
CONTEMPLATED BY THIS RESOLUTION; AND RELATED
MATTERS.
WHEREAS, the City Council (the "Council") of the Issuer desires to (a) finance all
or a portion of the costs of construction of infrastructure and system improvements,
including roads, utilities, storm water system facilities and street lighting and all related
improvements (collectively, the "Series 2018 Project") and (b) pay costs of issuance with
respect to the Series 2018 Bonds herein described; and
WHEREAS, to accomplish the purposes set forth in the preceding recital, and
subject to the limitations set forth herein, the Issuer desires to issue its Sales Tax Revenue
Bonds, Series 2018 (the "Series 2018 Bonds") (to be issued from time to time as one or
more series and with such other series or title designation(s) as may be determined by the
Issuer), pursuant to (a) the Local Government Bonding Act, Title 11, Chapter 14, Utah
Code Annotated 1953, as amended (the "Act"), (b) this Resolution, and (c) a supplemental
master resolution (the "Master Resolution") in substantially the form presented to the
meeting at which this Resolution was adopted and which is attached hereto as Exhibit B;
and
WHEREAS, the State of Utah acting through the Permanent Community Impact
Fund Board (the "CIB") has offered to purchase the Issuer's Series 2018 Bonds; and
WHEREAS, the Act provides that prior to issuing bonds, an issuing entity must (a)
give notice of its intent to issue such bonds and (b) hold a public hearing to receive input
from the public with respect to (i) the issuance of the bonds and (ii) the potential economic
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impact that the improvement, facility or property for which the bonds pay all or part of the
cost will have on the private sector; and
WHEREAS, the Issuer desires to call a public hearing for this purpose and to
publish a notice of such hearing with respect to the Series 2018 Bonds, including a notice
of bonds to be issued, in compliance with the Act; and
WHEREAS, in order to allow the Issuer flexibility in setting the pricing date of the
Series 2018 Bonds to optimize debt service costs to the Issuer, the Council desires to grant
to the Mayor or Mayor pro tem (collectively, the "Mayor") and the City Manager
(collectively, the "Designated Officers"), the authority to (a) approve the principal
amounts, interest rates, terms, maturities, redemption features, and purchase price at which
the Series 2018 Bonds shall be sold and (b) make any changes with respect thereto from
those terms which were before the Council at the time of adoption of this Resolution,
provided such terms do not exceed the parameters set forth for such terms in this Resolution
(the "Parameters");
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Moab,
Utah, as follows:
Section 1. For the purpose of (a) financing the Series 2018 Project and (b)
paying costs of issuance of the Series 2018 Bonds, the Issuer hereby authorizes the issuance
of the Series 2018 Bonds which shall be designated "City of Moab, Utah Sales Tax
Revenue Bonds, Series 2018" (to be issued from time to time as one or more series and
with such other series or title designation(s) as may be determined by the Issuer) in the
aggregate principal amount of not to exceed $800,000 The Series 2018 Bonds shall mature
in not more than twenty-two (22) years from their date or dates, shall be sold at a price not
less than ninety-eight percent (98%) of the total principal amount thereof, shall bear interest
at a rate or rates of not to exceed three percent (3.00%) per annum, as shall be approved by
the Designated Officers, all within the Parameters set forth herein.
Section 2. The Designated Officers are hereby authorized to specify and agree as
to the method of sale, the final principal amounts, terms, discounts, maturities, interest
rates, redemption features, and purchase price with respect to the Series 2018 Bonds for
and on behalf of the Issuer, provided that such terms are within the Parameters set by this
Resolution.
Section 3. The Master Resolution in substantially the form presented to this
meeting and attached hereto as Exhibit B is hereby authorized, approved, and confirmed.
The Mayor and City Recorder are hereby authorized to execute and deliver the Master
Resolution in substantially the form and with substantially the content as the form
presented at this meeting for and on behalf of the Issuer, with final terms as may be
established by the Designated Officers within the Parameters set forth herein, and with
such alterations, changes or additions as may be necessary or as may be authorized by
Section 5 hereof.
Section 4. The Designated Officers or other appropriate officials of the Issuer
are authorized to make any alterations, changes or additions to the Master Resolution, the
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Series 2018 Bonds or any other document herein authorized and approved which may be
necessary to conform the same to the final terms of the Series 2018 Bonds (within the
Parameters set by this Resolution), to correct errors or omissions therein, to complete the
same, to remove ambiguities therefrom, or to conform the same to other provisions of said
instruments, to the provisions of this Resolution or any resolution adopted by the Council
or the provisions of the laws of the State of Utah or the United States.
Section 5. The form, terms, and provisions of the Series 2018 Bonds and the
provisions for the signatures, authentication, payment, registration, transfer, exchange,
redemption, and number shall be as set forth in the Master Resolution. The Mayor and the
City Recorder are hereby authorized and directed to execute and seal the Series 2018
Bonds. The signatures of the Mayor and the City Recorder may be by facsimile or manual
execution.
Section 6. The Designated Officers or other appropriate officials of the Issuer
are hereby authorized and directed to authenticate and deliver the Series 2018 Bonds in
accordance with the provisions of the Master Resolution.
Section 7. Upon their issuance, the Series 2018 Bonds will constitute special
limited obligations of the Issuer payable solely from and to the extent of the sources set
forth in the Series 2018 Bonds and the Master Resolution. No provision of this Resolution,
the Master Resolution, the Series 2018 Bonds, or any other instrument, shall be construed
as creating a general obligation of the Issuer, or of creating a general obligation of the State
of Utah or any political subdivision thereof, or as incurring or creating a charge upon the
general credit of the Issuer or its taxing powers.
Section 8. The Designated Officers and other appropriate officials of the
Issuer, and each of them, are hereby authorized and directed to execute and deliver for and
on behalf of the Issuer any or all additional certificates, documents and other papers
(including, without limitation, any escrow agreement permitted under the Master
Resolution and tax compliance procedures) and to perform all other acts they may deem
necessary or appropriate in order to implement and carry out the matters authorized in this
Resolution and the documents authorized and approved herein.
Section 9. After the Series 2018 Bonds are delivered to the Purchaser and upon
receipt of payment therefor, this Resolution shall be and remain irrepealable until the
principal of, premium, if any, and interest on the Series 2018 Bonds are deemed to have
been duly discharged in accordance with the terms and provisions of the Master Resolution.
Section 10. The Issuer shall hold a public hearing on July 25, 2018 to receive
input from the public with respect to (a) the issuance of the Series 2018 Bonds issued under
the Act, and (b) the potential economic impact that the improvements to be financed with
the proceeds of the Series 2018 Bonds issued under the Act will have on the private sector,
which hearing date shall not be less than fourteen (14) days after notice of the public
hearing is first published and such publication shall be made (i) once a week for two
consecutive weeks in the Times Independent, a newspaper of general circulation in the
Issuer, (ii) on the Utah Public Notice Website created under Section 63F-1-701, Utah Code
Annotated 1953, as amended, and (iii) on the Utah Legal Notices website
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(www.utahlegals.com) created under Section 45-1-101, Utah Code Annotated 1953, as
amended. The City Recorder shall cause a copy of this Resolution (together with all
exhibits hereto) to be kept on file in the City of Moab of offices, for public examination
during the regular business hours of the Issuer until at least thirty (30) days from and after
the last date of the newspaper publication thereof. The Issuer directs its officers and staff
to publish a "Notice of Public Hearing and Bonds to be Issued" in substantially the
following form:
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NOTICE OF PUBLIC HEARING AND BONDS TO BE ISSUED
NOTICE IS HEREBY GIVEN pursuant to the provisions of the Local Government
Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the "Act"),
that on June 26, 2018, the City Council (the "Council") of the City of Moab, Utah (the
"Issuer"), adopted a resolution (the "Resolution") in which it authorized the issuance of the
Issuer's Sales Tax Revenue Bonds, Series 2018 (the "Series 2018 Bonds") (to be issued in
one or more series and with such other series or title designation(s) as may be determined
by the Issuer), and called a public hearing to receive input from the public with respect to
(a) the issuance of that portion of the Series 2018 Bonds issued under the Act and (b) any
potential economic impact that the Project described herein to be financed with the
proceeds of the Series 2018 Bonds issued under the Act may have on the private sector.
TIME, PLACE AND LOCATION OF PUBLIC HEARING
The Issuer shall hold a public hearing on July 25, 2018, at the hour of 7:00 p.m. at
217 East Center, Moab, Utah. The purpose of the hearing is to receive input from the
public with respect to (a) the issuance of that portion of the Series 2018 Bonds issued under
the Act and (b) any potential economic impact that the Project to be financed with the
proceeds of that portion of the Series 2018 Bonds issued under the Act may have on the
private sector. All members of the public are invited to attend and participate.
PURPOSE FOR ISSUING THE SERIES 2018 BONDS
The Series 2018 Bonds will be issued for the purpose of (a) financing the costs of
construction of infrastructure and system improvements, including roads, utilities, storm
water system facilities and street lighting and all related improvements (collectively, the
"Project"), and (b) paying costs of issuance of the Series 2018 Bonds.
PARAMETERS OF THE SERIES 2018 BONDS
The Issuer intends to issue the Series 2018 Bonds in the aggregate principal amount
of not more than Eight Hundred Thousand Dollars ($800,000), to mature in not more than
twenty-two (22) years from their date or dates, to be sold at a price not less than ninety-
eight percent (98%) of the total principal amount thereof, and bearing interest at a rate or
rates not to exceed three percent (3.00%) per annum. The Series 2018 Bonds are to be
issued and sold by the Issuer pursuant to the Resolution, including as part of said
Resolution, a Supplemental Master Resolution ("Master Resolution") which was before
the Council in substantially final form at the time of the adoption of the Resolution and
said Master Resolution is to be executed by the Issuer in such form and with such changes
thereto as shall be approved by the Issuer; provided that the principal amount, interest rate
or rates, maturity, and discount of the Series 2018 Bonds will not exceed the maximums
set forth above. The Issuer reserves the right to not issue the Series 2018 Bonds for any
reason and at any time up to the issuance of the Series 2018 Bonds.
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REVENUES PROPOSED TO BE PLEDGED
The Issuer proposes to pledge up to 100% of all the revenues produced by local
sales and use taxes levied by the City under the Local Sales and Use Tax Act, Title 59,
Chapter 12, Part 2, Utah Code (the "Revenues").
OUTSTANDING BONDS SECURED BY REVENUES
The Issuer currently has $4,839,000 of bonds outstanding secured by the Revenues.
OTHER OUTSTANDING BONDS OF THE ISSUER
Additional information regarding the Issuer's outstanding bonds may be found in
the Issuer's financial report (the "Financial Report") at: http://secure.utah.gov/auditor-
search/. For additional information, including any information more recent than as of the
date of the Financial Report, please contact, City Manager (435) 259-5121.
TOTAL ESTIMATED COST OF BONDS
Based on the Issuer's current plan of finance and a current estimate of interest rates,
the total principal and interest cost of the Series 2018 Bonds to be issued under the Act to
finance the Project, if held until maturity, is $932,375.
A copy of the Resolution and the Master Resolution are on file in the office of the
City of Moab Recorder, 217 East Center, Moab, Utah, where they may be examined during
regular business hours of the City Recorder from 8:00 a.m. to 5:00 p.m. Monday through
Friday, for a period of at least thirty (30) days from and after the date of publication of this
notice.
NOTICE IS FURTHER GIVEN that a period of thirty (30) days from and after the
date of the publication of this notice is provided by law during which (i) any person in
interest shall have the right to contest the legality of the Resolution, the Master Resolution
or the Series 2018 Bonds, or any provision made for the security and payment of the Series
2018 Bonds, and that after such time, no one shall have any cause of action to contest the
regularity, formality, or legality thereof for any cause whatsoever and (ii) registered voters
within the City of Moab, Utah may sign a written petition requesting an election to
authorize the issuance of the Series 2018 Bonds. If written petitions which have been
signed by at least 20% of the registered voters of the City of Moab, Utah are filed with the
Issuer during said 30-day period, the Issuer shall be required to hold an election to obtain
voter authorization prior to the issuance of the Series 2018 Bonds. If fewer than 20% of
the registered voters of the City of Moab, Utah file a written petition during said 30-day
period, the Issuer may proceed to issue the Series 2018 Bonds without an election.
DATED this June 26, 2018.
/s/Rachel Stenta
City Recorder
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Section 11. The Issuer hereby reserves the right to opt not to issue the Series
2018 Bonds for any reason, including without limitation, consideration of the opinions
expressed at the public hearing.
Section 12. All resolutions or parts thereof in conflict herewith are, to the extent
of such conflict, hereby repealed and this Resolution shall be in full force and effect
immediately upon its approval and adoption.
Section 13. The Issuer hereby declares its intention and reasonable expectation
to use proceeds of tax-exempt bonds to reimburse itself for initial expenditures for costs of
the Series 2018 Project. The Series 2018 Bonds are to be issued, and the reimbursements
made, by the later of 18-months after the payment of the costs or after the Project is placed
in service, but in any event, no later than three years after the date the original expenditure
was paid. The maximum principal amount of the Series 2018 Bonds which will be issued
to finance the reimbursed costs of the Project is not expected to exceed $800,000.
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APPROVED AND ADOPTED this June 26, 2018.
(SEAL)
By:
Mayor
ATTEST:
By:
City Recorder
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(Other business not pertinent to the foregoing appears in the minutes of the
meeting.)
Upon the conclusion of all business on the Agenda, the meeting was adjourned.
(SEAL)
By:
Mayor
ATTEST:
By:
City Recorder
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STATE OF UTAH
COUNTY OF GRAND
I, Rachel Stenta, the duly appointed and qualified City Recorder of the City of
Moab, Utah (the "City"), do hereby certify according to the records of the City Council of
the City (the "City Council") in my official possession that the foregoing constitutes a true
and correct excerpt of the minutes of the meeting of the City Council held on June 26,
2018, including a resolution (the "Resolution") adopted at said meeting as said minutes
and Resolution are officially of record in my possession.
I further certify that the Resolution, with all exhibits attached, was deposited in my
office on July 25, 2018, and pursuant to the Resolution, there will be published a Notice of
Public Hearing and Bonds to be Issued no less than fourteen (14) days before the public
hearing date: (a) once a week for two consecutive weeks in the Times Independent, a
newspaper having general circulation within the City, the affidavit of which publication
will be attached upon availability, (b) on the Utah Public Notice Website created under
Section 63F-1-701, Utah Code Annotated 1953, as amended and (c) on the Utah Legal
Notices website (www.utahlegals.com) created under Section 45-1-101, Utah Code
Annotated 1953, as amended.
IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed
hereon the official seal of said City, this June 26, 2018.
(SEAL)
By:
City Recorder
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EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH
OPEN MEETING LAW
I, Rachel Stenta, the undersigned City Recorder of the City of Moab, Utah (the
"City"), do hereby certify, according to the records of the City in my official possession,
and upon my own knowledge and belief, that in accordance with the requirements of
Section 52-4-202, Utah Code Annotated, 1953, as amended, I gave not less than twenty-
four (24) hours public notice of the agenda, date, time and place of the June 26, 2018,
public meeting held by the City Council of the City (the "City Council") as follows:
(a) By causing a Notice, in the form attached hereto as Schedule 1, to
be posted at the principal offices of the City on June , 2018, at least twenty-four
(24) hours prior to the convening of the meeting, said Notice having continuously
remained so posted and available for public inspection until the completion of the
meeting;
(b) By causing a copy of such Notice, in the form attached hereto as
Schedule 1, to be delivered to the Times Independent on June , 2018, at least
twenty-four (24) hours prior to the convening of the meeting; and
(c) By causing a copy of such Notice, in the form attached hereto as
Schedule 1, to be posted on the Utah Public Notice Website (http://pmn.utah.gov)
at least twenty-four (24) hours prior to the convening of the meeting.
In addition, the Notice of 2018 Annual Meeting Schedule for the City Council
(attached hereto as Schedule 2) was given specifying the date, time, and place of the regular
meetings of the City Council to be held during the year, by causing said Notice to be (a)
posted on , at the principal office of the City Council, (b) provided to at
least one newspaper of general circulation within the City on , and (c)
published on the Utah Public Notice Website (http://pmn.utah.gov) during the current
calendar year.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
June 26, 2018.
(SEAL)
By:
City Recorder
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