HomeMy Public PortalAboutPKT-CC-2017-02-14Moab City Council
February 14, 2017
Pre -Council Workshop
d5:00PMp
REGULAR COUNCIL
MEETING
7:00 PM
CITY COUNCIL CHAMBERS
CITY CENTER
(217 East Center Street)
,Agenda I
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Moab City Council
Regular Council Meeting
City Council Chambers
Tuesday, February 14, 2017 at 5:00 p.m.
5:00 p.m. WORKSHOP
Lionsback Development Briefing
Waste Water Treatment Plant Update
6:45 p.m. PRE COUNCIL WORKSHOP
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
1-1 January 17, 2017
1-2 January 23, 2017
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: PRESENTATIONS/PROCLAMATIONS
None
SECTION 4: DEPARTMENTAL UPDATES
4-1 Community Services
4-2 Engineering
4-3 Public Safety
4-4 Public Works
4-5 Recreation/Trails
4-6 Recorder/Human Resources
4-7 Treasurer
4-8 City Manager
SECTION 5: PUBLIC HEARING (Approximately 7:15 PM)
5-1 Public Input on Proposed Resolution #06‐2017 – Amending the Fiscal Year 2016‐
2017 Annual Budget
SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES
6-1 Moab Century Tour
Approval of Special Event Licenses for Moab Century Tour to be held on September
23, 2017
1. Approval of a Special Business Event License
2. Approval of Local Consent for a State‐issued Single Event Permit
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259‐5121
Fax Number (435) 259‐4135
www.moabcity.org
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6-2 Rotary Car Show
Approval of Permits for the Moab Rotary Car Show, April 28‐30, 2017
1. Approval of a Special Business Event License
2. Approval of a Park Use Permit for Swanny City Park
6-3 Approval of Class II Beer License for Carrie Valdes, d.b.a. Miguel’s Baja Grill, LLC
located at 51 N Main Street.
SECTION 7: NEW BUSINESS
7-1 Consideration and Possible Approval of Proposed Resolution #14‐2017 ‐ A
Resolution Approving a Zoning Status Agreement For the Lionsback Resort
7-2 Consideration and Possible Approval of Proposed Resolution #13‐2017 – A
Resolution of the Moab City Council and Mayor Establishing Renewable Energy and
Greenhouse Gas Emissions Reduction Goals for Moab City
7-3 Update on Commercial Site Plan Moratorium
7-4 Second Reading of of Proposed Ordinance #2017‐03 – An Ordinance Amending the
City of Moab Municipal Code, Title 5, Chapter 5.09, Special Event Permits
7-5 First Reading of the Draft Code Revision to Title 10, Chapter 10.04 Vehicle Code, to
adopt state regulations on regulations on off highway vehicles and street legal
ATV/UTV’S and to place a maximum speed limit on street legal
ATV/UTV/Motorcycles on specified streets within city limits
7-6 Consideration and Possible Approval of Proposed Resolution #03‐2017 – A
Resolution Approving a Conditional Use Permit Concerning Housing on the Ground
Floor for the Mill Creek Multi‐family Housing Project on Property Located at 1780
East Mill Creek Drive in the C‐4, General Commercial Zone
7-7 Consideration and Possible of a Legal Services Contract by and Between the City of
Moab and Dufford, Waldeck, Milburn & Krohn, LLP
7-8 Consideration and Possible Approval of Proposed Resolution #12‐2017 – A
Resolution Amending the Fee Schedule for Moab City Parks
7-9 Consideration and Possible Approval of Proposed Resolution #11‐2017 – A
Resolution Recommending the Adoption of the Moab Area Affordable Housing Plan
as an Addendum to the City of Moab General Plan
7-10 Request for Approval of a Contract with Parr Brown Gee and Loveless (“Parr Brown”)
for specialized legal services regarding employment matters
7-11 Consideration for and adoption of a Parameter Resolution authorizing the issuance
of not to exceed $15,000,000 in Wastewater Revenue Bonds of the City of Moab,
Grand County, Utah and calling of a public hearing to receive input with respect to
the issuance of such Bonds and any potential impact to the private sector from the
construction of the Project
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SECTION 8: CONSENT AGENDA
8-1 Approval of Proposed Resolution #07‐2017 – A Resolution of the Governing Body of
Moab Declaring Certain City Property as Surplus
8-2 Review and Possible Approval of a proposed Lease Option Agreement for the rental
of a recreational vehicle park located at 11781 South Highway 191 for the exclusive
use of Waste Water Treatment Plant contractor
8-3 Consideration and Possible Approval of Proposed Resolution #10‐2017 ‐ A
Resolution Approving an Improvements Agreement for the Buen Camino Boundary
Line Adjustement Located at 459 and 469 Bowen Circle in the R‐2, Single and Two‐
Family Residential Zone
8-4 Consideration and Possible Approval of Proposed Resolution #09‐2017 – A
Resolution Approving the Improvements Agreement for Moab Bolt Company on
Property Located at 245 W. North MiVida Drive
8-5 Consideration and Possible Approval of Proposed Resolution #08‐2017 – A
Resolution Approving an Improvements Agreement for the Slot Canyon Renovation
Project Located in the C‐2, Commerical‐Residential Zone at 245 Williams Way
8-6 Approval of REVISED Change Order #2 with Harrison Field Services for the WRF Site
Preparation Project in the amount of $22,085
8-7 Approval of Change Order #3 with Harrison Field Services for the WRF Site
Preparation Project in the amount of $1,060
8-8 Approval of Change Order #4 with Harrison Field Services for the WRF Site
Preparation Project in the amount of $13,500
8-9 Approval of Change Order #5 with Harrison Field Services for the WRF Site
Preparation Project in the amount of $36,850
8-10 Approval of a Cooperative Agreement between the Utah Department of
Transportation and the City of Moab for installation of Speed Radar Driver Feedback
Signs on US‐191
SECTION 9: MAYOR AND COUNCIL REPORTS
SECTION 10: READING OF CORRESPONDENCE
SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 12: 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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January 17, 2017
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MOAB CITY COUNCIL MINUTES
JOINT GRAND COUNTY COUNCIL
MOAB CITY COUNCIL SPECIAL MEETING
JANUARY 17, 2017
The Moab City Council held a Special Joint Meeting with the Grand County
Council on the above date in the Grand County Council Chambers, located at
125 East Center Street, Moab, Utah. A recording of the meeting is archived at
http://www.utah.gov/pmn/index.html.
Grand County Council Chairperson Jaylyn Hawks called the meeting to order at
2:00 PM. In attendance were Moab City Councilmembers Rani Derasary, Heila
Ershadi, Kyle Bailey and Kalen Jones. Also in attendance were Interim City
Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, and
Community Services Director Amy Weiser. Grand County Councilmembers
Jaylyn Hawks, Curtis Wells, Mary McGann, Chris Baird, Greg Halliday, and Evan
Clapper also attended, as well as Grand County Council Administrator Ruth
Dillon and County Clerk Diana Carroll. Dean Steve Hawks and Economic
Development Liaison Cynthia Gibson from Utah State University‐Moab were
also in attendance. Councilmember Ershadi departed at 2:55 PM and Grand
County Councilmember Rory Paxman arrived at 3:25 PM.
The Meeting began with a brief update on the Affordable Housing Plan by
Weiser. She invited comments or questions from the Councilmembers.
The discussion turned to Economic Development. Councilmember Baird
described earlier efforts between the City and the County to avoid redundancy
and to increase efficiency with a shared position.
Councilmember Ershadi asked for an update on the Area Sector Analysis
Program (ASAP), including efforts by Utah State University (USU) to create a
small business hub. Dillon briefly described ASAP.
Cynthia Gibson, USU economic development liaison, stated that former City
Manager Rebecca Davidson held the role of moving the ASAP process forward,
and that the process was now in limbo. Gibson went on to describe the local
Economic Development Committee, which hosts the annual business summit.
Councilmember Ershadi asked if the City needs a designated full‐time position.
Gibson expressed her opinion that it should be a full‐time position. Discussion
MEETING & ATTENDANCE
AFFORDABLE HOUSING
UPDATE
ECONOMIC DEVELOPMENT
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January 17, 2017
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ensued with Steve Hawks, Dean of USU‐Moab and Baird, about whether the
position could be shared, in‐house, or jointly‐funded. Interim City Manager
Everitt described options for creating local oversight of economic development.
Councilmember Bailey stated that goals for such a position need to be in place
before hiring personnel. He indicated that former efforts were aimed at
business retention rather than promoting the area to new industries.
Baird noted that in the past, infrastructure needs were discussed to woo new
businesses to town. He cited Internet and the airport as needing upgrades.
Further discussion ensued about grants that have been obtained to assist local
businesses to expand, the need for a local government representative to take
charge of economic development efforts, and the need to diversify our
economy beyond the scope of the Moab Area Travel Council. Councilmember
Wells added that the ASAP process was limited in that it is not in Grand County’s
best interests to rely upon the limited scope of the 50‐60 people involved in the
process. He stated that the structure of the economic development program is
important.
Councilmember Jones added that accountability is important.
McGann asked about models in other locales that have County‐City overlap.
Gibson cited Box Elder County as an example, and discussed the role of USU.
Wells stated that USU and the Small Business Center is key, and communication
between USU, the City, and the County is imperative. He noted that private
sector involvement is important.
Baird stated that the growth of USU‐Moab represents significant economic
development for the community.
Resident Joe Kingsley asserted that the local governments are missing a
marketing role.
Discussion followed regarding the role of USU, the Innovation Center, and
public‐private partnerships. Councilmember Jones supported a shared position
between the County and the City with equal accountability. Jodie Hoffman of
Moab Chamber of Commerce voiced a concern that economic development
information should be in one place, or that consistent information is put out to
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January 17, 2017
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the public from various entities.
There were suggestions for Volunteers in Service to America (VISTA) to assist
with economic development staffing, a Citizen’s Task Force, and positions in the
local governments. Baird asked if the existing committee could create a job
description.
The agenda moved on to discussion regarding creating a Community
Reinvestment Agency (CRA) for the purpose of establishing funding for the USU
campus and/or infrastructure. Baird described it in terms of repaying the
Community Impact Board (CIB) loan. Carroll asked about tax liability if there is
negative growth. Dean Hawks noted that Zion’s bank has specialists that deal
with this funding mechanism.
Councilmember Jones noted his interest in the prospect of a CRA and indicated
economic development staff could work on it. The County's Director of
Community Development, the County Treasurer, and the City’s Director of
Community Services have interest or experience in the CRA model.
The meeting was adjourned at 3:40 PM.
APPROVED: __________________ ATTEST: ___________________
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
COMMUNITY REINVESTMENT
AGENCY
ADJOURNMENT
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January 23, 2017
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MOAB CITY COUNCIL MINUTES ‐‐ DRAFT
REGULAR MEETING
JANUARY 23, 2017
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. Timestamps corresponding to
the recording are shown in the right column of the minutes.
Mayor Dave Sakrison 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 Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris
McAnany, City Treasurer Jennie Ross, Public Works Director Patrick
Dean, Community Services Director Amy Weiser, City Engineer Phillip
Bowman, Planning Director Jeff Reinhart, Interim Police Chief Steve
Ross, and Parks, Recreation and Trails Director Tif Miller.
The Workshop with City Engineer Phillip Bowman and Robert Dowell of
the Utah Department of Transportation updated the Mayor and Council
on the Highway 191 Widening Project and Associated Drainage
Improvements.
Dowell also briefed the Council on the traffic light installation at the
entrance to Arches National Park, as well as an update on the new
downtown crosswalk pedestrian push buttons on Main Street. Mayor
Sakrison brought up the issue of idling semi‐trucks on a segment of Main
Street at the north end of Moab. Dowell also updated the Council on
costs associated with a project on the highway at the Moab Springs
Ranch.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and led the pledge of allegiance. Nineteen members of the public
and media were present.
Councilmember Derasary moved to approve the minutes of the January
10, 2017 meeting with two corrections. Councilmember Jones seconded
the motion. The motion carried 5‐0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson‐Boyd voting aye.
REGULAR MEETING &
ATTENDANCE
PRE‐COUNCIL WORKSHOP
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
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January 23, 2017
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Two citizens were heard:
Joe Kingsley spoke about a County‐wide clean‐up effort. County
Councilmember Mary McGann, resident John Fogg, and Kingsley are
heading up this effort. Kingsley asked for the support of the City.
Councilmember Ershadi asked about the timeframe for the project.
Councilmember Knuteson‐Boyd asked if the cleanup was specifically for
moving junk cars or if it is more general. Kingsley offered that it is a
general cleanup.
Arne Hultquist presented a letter about the Lionsback Development and
impacts the development will have on surface water runoff,
groundwater chemistry, and possible contamination of the aquifer. He
stated the development will impact the water resources in Moab. He
added the extent and disposition of the impact will depend upon the
extent of mitigation, appropriate planning, and the actual built
environment. Councilmember Bailey noted that Mr. Hultquist’s letter
may be added to the collection of citizen letters on the Lionsback topic.
Mayor Sakrison presented Ali Jones with the Mayor’s Student Citizenship
of the Month Award for January 2017 at Helen M. Knight School.
A Presentation was made by Audrey Graham, Chair of the Moab Area
Community Land Trust. She explained that the Land Trust is a non‐profit
organization that aims to purchase properties in the area and leases
those properties to residents who are members of the local workforce
for construction of affordable homes. Graham asked the City to allow
the Land Trust to retain a $500 fee refunded by the Internal Revenue
Service in 2014. Councilmember Ershadi asked if qualified homeowners
had a certain income range. Graham replied this qualification is under
consideration. Ershadi also asked if the future of the Land Trust will
include paid staff. Graham responded that she anticipates a part‐time
position.
Department Updates were submitted in writing to the Council.
Parks, Recreation and Trails Director Tif Miller announced the
Sportsman’s software is now available for online sports registration. He
updated the Council on the MARC window replacement project, MARC
classes, and trail work near 100 West and 200 South streets.
CITIZENS TO BE HEARD
STUDENT OF THE MONTH
COMMUNITY LAND TRUST
PRESENTATION
(42:32)
DEPARTMENTAL AND
ADMINISTRATIVE UPDATES
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January 23, 2017
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Councilmember Ershadi asked about the ownership of properties near
trails accessed by the bridge on 200 South. Ershadi also asked about
signage to designate private property.
Councilmember Jones moved to approve all required Special Event
Licenses and Permits for the Canyonlands Half Marathon Event to be
held on March 17 and 18, 2017 subject to the seven conditions outlined
in the Agenda Summary. Councilmember Bailey seconded the motion.
The motion carried 4‐0 aye, with Councilmembers Bailey, Jones,
Derasary and Knuteson‐Boyd voting aye.
Councilmember Derasary moved to approve the Special Event for the
Utah Peace Officer Fallen Officer Trail fundraiser to take place at the
Grand Center April 21‐22, 2017. Derasary further moved to approve the
requested fee waiver in the amount of $290.00. Councilmember
Knuteson‐Boyd seconded the motion. The motion passed 5‐0 with
Councilmembers Bailey, Jones, Knuteson‐Boyd, Ershadi, and Derasary
voting aye.
Community Services Director Amy Weiser and City Planner Jeff Reinhart
briefed the Council on the proposed moratorium on Site Plan Review
applications for large scale developments. Mayor Sakrison asked about
the timeframe staff is requesting, and whether additional staff is
needed. Councilmember Ershadi asked what types of developments will
be affected, and would any of the developments currently being
considered by Council be affected. City Attorney McAnany clarified that
commercial remodels under ten thousand square feet would be
exempted. Also, the moratorium would exclude multi‐family dwellings
that contain ten or fewer units. Councilmember Derasary spoke in
support of the moratorium. Derasary asked McAnany about criteria for
moratoria and he described some scenarios. McAnany explained how
staff are able to manage the current shortcomings of the code as
somewhat of an emergency. Mayor Sakrison mentioned feedback from
the community about the ambiguity of the current code. McAnany
explained that this effort should decrease the ambiguity. Reinhart
mentioned the need for standards which are currently lacking in the
code. Councilmember Knuteson‐Boyd stated she had received feedback
from the community in favor of the moratorium. Councilmember
Ershadi noted that she wanted to make the code revision without a
moratorium. Weiser stated that until the code is revised, more and
SPECIAL EVENTS LICENSES
NEW BUSINESS (56:40)
ORDINANCE #2017‐1, SITE
PLAN REVIEW MORATORIUM,
PASSED
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January 23, 2017
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more applications will suffer from lack of standards. Ershadi stated it is
a fairness issue for developers. Weiser responded there is a fairness
issue for residents who have concerns about the gaps in current code.
Councilmember Jones asked about overhaul of the greater code.
Reinhart responded that this part of the revision pertains to site plans.
In the future, the greater development code will be revised. Jones asked
about outreach efforts associated with the new General Plan and the
Downtown Plan and suggested incorporating outreach and public input
at this juncture will accelerate the outreach effort. Councilmember
Knuteson‐Boyd asked for quickness in this endeavor.
Councilmember Derasary moved to approve Ordinance #2017‐1,
enacting a six‐month moratorium on Site Plan Review applications to
complete needed code revisions for large scale developments.
Councilmember Jones seconded the motion. The motion passed 4‐1
with Councilmembers Bailey, Jones, Knuteson‐Boyd, and Derasary
voting aye and Councilmember Ershadi voting nay.
Councilmember Jones moved to adopt Resolution #04‐2017
conditionally approving the Final Plats for Phases 4‐7 of Entrada at
Moab, a Master Planned Development, with the following condition:
Landscaping equal to that proposed on Landscape Plan sheet L101 shall
be installed as shown in the Agenda Summary. Councilmember Derasary
seconded the motion. City Attorney McAnany explained that this
development is not exempted from the moratorium on sewer hookups,
and he noted the lawsuit brought against the City by Entrada at Moab.
Mayor Sakrison asked if any of the units were to be occupied as primary
residences, whether they would be exempted from the moratorium.
McAnany agreed that they would be exempted. Councilmember
Derasary amended the motion with language provided by City Attorney
McAnany. The motion passed 5‐0 with Councilmembers Bailey, Jones,
Knuteson‐Boyd, Ershadi, and Derasary voting aye.
Amy Weiser, Community Services Director, presented the First Reading
of the Draft Code Revision to Title 5, Chapter 5.09, Special Event
Permits. Weiser noted that there is public sentiment urging a
requirement for all class three (large) events to have a local resident to
be the responsible party. Councilmember Ershadi asked about whether
the City can regulate events on private property. City Attorney McAnany
stated that yes, this is possible and regulates things like parking, public
RESOLUTION #04‐2017,
ENTRADA AT MOAB FINAL
PLATS, ADOPTED
SPECIAL EVENT PERMITS
DRAFT CODE REVISION, FIRST
READING (1:35)
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January 23, 2017
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health and safety, and traffic control. Weiser stated that the staff
committee that considers the special events licenses are reluctant to
waive fees for large, class three events, even for charity fundraising
events, due to staff effort involved.
Councilmember Jones moved to adopt Ordinance #2017‐01 to Approve
an Application to Rezone a Property on Nob Hill with Split Zoning of C‐3,
Central Commercial and R‐3, Multi‐family Residential, to C‐5,
Neighborhood Commercial Zone and Amending the Official Zoning Map.
Councilmember Knuteson‐Boyd seconded the motion. Councilmember
Ershadi recused herself because the applicant is her employer.
Councilmember Jones stated that there was an error in the original
zoning of the properties and adjacent uses have changed over time. The
motion passed 4‐0 with Councilmembers Bailey, Jones, Knuteson‐Boyd,
and Derasary voting aye.
Councilmember Bailey moved to adopt Resolution #05‐2017, a
Resolution to require the United States Department of Energy to
Allocate Adequate Funding to Complete the Moab Uranium Mill Tailings
Radiation Control Act (UMPTRA) Remediation Project by 2025.
Councilmember Jones seconded the motion. Councilmember Derasary
described the effort by the Moab Tailings Project Steering Committee.
Mayor Sakrison, County Councilmember Mary McGann, and Derasary
serve on the committee and McGann has met with State Senator
Hinkins. Hinkins will present a resolution to the State Senate to advocate
for funding levels for the tailings pile cleanup to continue at an
accelerated pace. On January 17, the County Council approved a similar
motion to the City’s Resolution. The motion passed 5‐0 with
Councilmembers Bailey, Jones, Knuteson‐Boyd, Ershadi, and Derasary
voting aye.
Consent Agenda: Councilmember Jones moved to approved the consent
agenda, containing non‐monetary agenda items, detailed below.
Councilmember Knuteson‐Boyd seconded the motion. Councilmembers
Jones and Derasary asked about the budget opening. The motion carried
5‐0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary, and
Knuteson‐Boyd voting aye.
Approval of the Task Order with Bowen Collins for Work on the Bridge
project at 200 South, Bullick/Cross Creeks Park.
ORDINANCE #2017‐01,
REZONE APPLICATION,
ADOPTED (1:56)
RESOLUTION #05‐2017 UMTRA
FUNDING, ADOPTED
CONSENT AGENDA, APPROVED
200 SOUTH BRIDGE PROJECT,
TASK ORDER, APPROVED
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January 23, 2017
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Request to Send Proposed Resolution #06‐2017 – Amending the Fiscal
Year 2016‐2017 Annual Budget to Public Hearing on February 14, 2017.
Acceptance of a Petition for Annexation by Legacy Design Group located
at approximately 1520 North Main Street.
Approval of the Police Chief Job Description
Other New Business:
Councilmember Jones moved to approve Task Order #16‐09 with Bowen
Collins & Associates, Inc., accepting the Scope of Work for the Sewer
Rate Study and Impact Fee Study Modification project with a fee
amount not to exceed $15,448. Councilmember Derasary seconded the
motion. City Engineer Bowman noted that the high percentage of
impact on the Water Reclamation Facility by hotels and restaurants
involved further study. The motion carried 5‐0 aye, with
Councilmembers Bailey, Ershadi, Jones, Derasary, and Knuteson‐Boyd
voting aye.
Councilmember Bailey moved to approved Task Order #17‐01 with
Bowen Collins & Associates, Inc., accepting the Scope of Work for the
Moab South Trunk Line and Outfall Preliminary Design project with a fee
amount not to exceed $52,791. Councilmember Derasary seconded the
motion. The motion passed 5‐0 with Councilmembers Bailey, Jones,
Knuteson‐Boyd, Ershadi, and Derasary voting aye.
Councilmember Jones moved to approve Task Order #17‐02 with Bowen
Collins & Associates, Inc., accepting the Scope of Work for the Moab
Water Reclamation Facility (WRF) Services During Construction project
with a fee amount not to exceed $659,218. Councilmember Knuteson‐
Boyd seconded the motion. The motion passed 5‐0 with
Councilmembers Bailey, Jones, Knuteson‐Boyd, Ershadi, and Derasary
voting aye.
Councilmember Jones moved to approve the Building Permit Fee and
Building Permit Plan Review Fee Waivers for the Water Reclamation
Facility Project in an amount not to exceed $8,500. Councilmember
REQUEST TO SEND BUDGET
OPENING TO PUBLIC HEARING,
APPROVED
PETITION FOR ANNEXATION,
1520 NORTH MAIN, ACCEPTED
POLICE CHIEF JOB
DESCRIPTION, APPROVED
TASK ORDER #16‐09, SEWER
RATE STUDY, APPROVED
TASK ORDER #17‐01, MOAB
SOUTH TRUNK LINE,
APPROVED
TASK ORDER #17‐02, WATER
RECLAMATION FACILITY (WRF)
SCOPE, APPROVED
WRF BUILDING PERMIT FEE
WAIVERS, APPROVED
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January 23, 2017
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Bailey seconded the motion. The motion passed 5‐0 with
Councilmembers Bailey, Jones, Knuteson‐Boyd, Ershadi, and Derasary
voting aye.
Councilmember Jones moved to approve the Temporary Construction
Water Use and Hydrant Water Use Fee Waivers for the Water
Reclamation Facility Project and the Site Preparation Project in an
amount not to exceed $9,500. Councilmember Derasary seconded the
motion. The motion passed 5‐0 with Councilmembers Bailey, Jones,
Knuteson‐Boyd, Ershadi, and Derasary voting aye.
Council and Mayor Reports:
Mayor Sakrison reported that the Treasurer and Executive Director of
the Utah League of Cities and Towns resigned. The Mayor explained
there were unauthorized expenses, and cited an article in the Salt Lake
Tribune about the topic.
Mayor Sakrison continued with an idea he credited to City
Recorder/Assistant City Manager Stenta regarding utilizing energy
related taxes to encourage renewable energy in our community. The
proposal entails allocating some of the funds to assist with solar panel
installations for medium‐ to low‐income residents. The Mayor pointed
out Rocky Mountain Power is doing away with their solar rebate
program and that homeowners typically received about $2000 in
reimbursement. Councilmember Derasary stated her enthusiasm for the
project. Councilmember Bailey stated his approval of assisting with solar
panels on public buildings.
Councilmember Bailey reported that he resigned from the Hospital
Board.
Councilmember Jones reported he attended the Solid Waste District
meeting.
Councilmember Derasary described a two‐day workshop she attended
that was hosted by Utah State University (USU) on the theme of
alternative futures for Moab. The workshop entailed using Geodesign
software to create scenarios from a planning perspective for the year
2040.
CONSTRUCTION WATER USE
FEE WAIVERS, APPROVED
MAYOR & COUNCIL REPORTS
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January 23, 2017
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Councilmember Derasary noted the full agenda scheduled for February
14, but hoped to include the topic of sanctuary cities. City
Recorder/Assistant City Manager Stenta asked Derasary to notify
Interim City Manager Everitt about her concern.
Councilmember Ershadi asked about the City’s liability insurance carrier.
Councilmember Derasary moved to pay the bills against the City of
Moab in the amount of $330,065.89. Councilmember Jones seconded
the motion. The motion carried 5‐0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson‐Boyd voting aye.
At 9:16 PM, Councilmember Jones moved to enter a Closed Executive
Session to Discuss the Character, Professional Competence, or Physical
or Mental Health of an Individual. Councilmember Knuteson‐Boyd
seconded the motion. Councilmember Ershadi recused herself. She
stated she is not comfortable making decisions based solely on
information she receives in closed sessions and which she is unable to
discuss publicly. The motion carried 4‐0 aye, with Councilmembers
Bailey, Jones, Derasary, and Knuteson‐Boyd voting aye. The Executive
Session closed at XX PM.
Moved to adjourn the meeting. seconded the motion. The motion
carried 4‐0 aye, with Councilmembers Bailey, Jones, Derasary, and
Knuteson‐Boyd voting aye. The meeting was adjourned at XX PM.
APPROVED: __________________ ATTEST: ___________________
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
BILLS TO BE PAID
EXECUTIVE SESSION
ADJOURNMENT
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Page 17 of 355City of Moab 217 East Center Street Moab, Utah 84532-2534 (435) 259-5129 Fax (435) 259-0600 To: Moab City Council From: David Everitt Re: Budget Opening# 1, FY 2016-17 Dear Councilmembers, Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heita Ershadi Kalen Jones Tawny Knuteson-Boyd February 3, 2017 From time to time, it is necessary to amend the adopted annual budget to adjust revenues and expenses, account for unplanned budget items, and reprioritize spending. This is the first of probably two budget amendments that you will see before the end of the fiscal year; this one is rather substantial because it is happening a bit later in the budget cycle than usual. The good news is that revenues continue to trend positively, departmental expenses are generally at or under budget, and the City remains in a very healthy short-term position regarding cash balances. There are challenges ahead, of course; basic infrastructure needs such as additional culinary water storage and distribution, sewer collection system upgrades, storm water collection system improvements, and street reconstructions loom. Additional investments in city buildings, pedestrian-oriented projects, and renewable energy initiatives also come with significant cost, as do the planning efforts that will provide for predictable, stable and sustainable municipal governance. Funding set aside for capital project upgrades or master planning, however, is of little use if there is not enough bandwidth among the staff of the City to execute those projects and planning efforts, even if via a more limited role managing consultant contracts. The most urgent investment priority for the City at this moment is in additional human capital. While you will likely see a more comprehensive proposal (informed by future council conversations, including the upcoming retreat) as part of the FY18 budget, this budget opening includes a recommendation to add staff positions that will increase the City's ability to a) address its basic infrastructure planning and project management needs, b) meet the increasingly sophisticated engagement expectations of the community, and c) reflect the priorities of the Council and residents with regard to energy sustainability and the impacts of a changing climate. Highlights Overall, the recommended changes would result in an additional $362,000 in general fund expenditures, which would be more than accommodated by the expected additional $609,000 in revenue. The rest of the additional revenue would go to the Capital Projects Fund, where we propose funding two main projects: pedestrian bridges and City Center improvements. Below are some highlights; additional narrative on each item is forthcoming but we wanted you to have this info early on.
Page 18 of 355Revenue: Based on receipts so far (from sales July"November 2016) revenues are projected to be up around $609,000 compared to the projections used to create the FY17 budget. Sales tax, TRT, and resort community tax lead the big increases, which correlates strongly with increased visitation numbers reported by Arches National Park, particularly in late fall"early winter. Commercial building permits are also up nearly 50% more than was expected. Expenses: Administration: o Former city manager payout" $127,440 one time o New positions ($69,250 total for this fiscal year, annualized cost for FY 18 = $277,000) • Project Manager" $20,500/$82,000 ongoing • Civic Engagement and Communications Manager" $17,500/$70,000 ongoing • Administrative Assistant-10,750/$43,000 ongoing • Sustainability Director" $20,500/$82,000 ongoing Public Works: o New heating and cooling units in the MARC, boiler improvements in the Multi" Purpose Bldg. (Gym), and ground maintenance equipment, i.e.: mower, small street sweeper brush/vac. -$ 50,000 one time HR and Recorder: o Additional professional services, e.g for enhanced GRAMA review, more rigorous hiring protocols, recruitment consultant for police chief, and additional noticing expenses" $23,000 ongoing Engineering: o Using contract services to fill in for continued vacancy" $30,000 one time Attorney: o Specialized employment legal services, in anticipation of IA preparation needs -$60,000 one time, hopefully Capital Projects: o Complete the comprehensive pedestrian bridge repairs and replacement" $175,000 onetime o City Center HVAC repairs and office space renovations -$150,000 one time Enterprise funds: o Sewer/WWTP Professional services: historically funded at$ 81,000 (FY 15), this year there was no budget for these services. These service include existing testing, sludge hauling, plus extra testing due to permit requirements and testing for interim measures. o New WWTP budgeting: moved funds around to better reflect how funds are to be spent across the funds -no change in the overall project costs in this budget. Yet. o Additional funds for infrastructure planning ($70,000 total additional) • Impact fee rate study -$20,000 • Sanitary sewer master plan" $20,000 • Culinary water storage and distribution master plan " $30,000 o Major equipment purchases (maintenance holes, water meters, compressors)" $110,000 2
Resolution #06-2017 Page 1 of 5
RESOLUTION # 02‐2017
A RESOLUTION AMENDING THE FISCAL YEAR 2016/2017 BUDGET
WHEREAS, the City of Moab has proposed to amend the 2016/2017 fiscal year budget for the various funds;
NOW, THEREFORE BE IT RESOLVED THAT THE 2016/2017 FISCAL YEAR BUDGET SHALL BE AMENDED AS
FOLLOWS:
Amended Fiscal Year 2016/2017 Budget
Amended Amended
Revenue Expenditures
1. General Fund ($10,531,341) $ 10,531,341
2. Recreation Fund ($ 590,928) $ 590,928
3. Capital Projects Fund ($ 2,596,159) $ 2,596,159
4. Enterprise Water & Sewer Operating ($ 1,757,996) $ 2,160,132
5. Enterprise Water & Sewer Non‐Operating ($12,112,400)
6. Enterprise Water & Sewer Capital $ 14,270,455
2016/2017 Fiscal Year Budget Amendments
FUNDS
Account # Account Name Adjustment Amount
General Fund
Revenue
10‐31‐300 Sales & Use Taxes $ (121,000.00)
10‐31‐400 Franchise Taxes $ 36,804.00
10‐31‐500 Highway Taxes $ (61,800.00)
10‐31‐600 Transient Room Taxes $ (107,000.00)
10‐31‐700 Resort Community Taxes $ (371,800.00)
10‐31‐800 Energy Taxes $ 62,682.00
10‐32‐210 Building Permits ‐ City $ (10,000.00)
10‐32‐211 Building Permits ‐ Commercial $ (25,000.00)
10‐32‐213 Plan check fees $ (2,300.00)
10‐34‐711 MRAC Fitness Admissions $ (2,200.00)
10‐34‐717 MRAC ‐ Showers $ (7,000.00)
10‐34‐721 MRAC Admissions Aquat/Fitn $ (500.00)
Total Revenue $ (609,114.00)
General Fund
Expenses
General Government
10‐416‐11 Salary Differential $ (189,781.00)
10‐416‐29 Rent of Property or Equipment $ 1,800.00
Administrative
10‐414‐10 Salaries and Wages $ 107,000.00
10‐414‐10 Salaries and Wages $ 1,000.00
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Resolution #06-2017 Page 2 of 5
10‐414‐10 Salaries and Wages $ 50,750.00
10‐414‐13 Employee Benefits $ 19,440.00
10‐414‐13 Employee Benefits $ 18,500.00
10‐414‐16 Unemployment $ 4,000.00
10‐414‐22 Public Notices $ 8,000.00
Recorder
10‐415‐10 Salaries and Wages $ 13,508.00
10‐415‐13 Employee Benefits $ 2,702.00
10‐415‐15 Overtime $ 2,000.00
10‐415‐22 Public Notices $ 3,000.00
10‐415‐31 Professional & Technical $ 20,000.00
Engineering
10‐419‐31 Professional & Technical $ 10,000.00
10‐419‐31.1 Plan Review Services $ 20,000.00
Treasurer
10‐420‐10 Salaries and Wages $ 7,370.00
10‐420‐13 Employee Benefits $ 1,480.00
Police
10‐421‐10 Salaries and Wages $ 48,500.00
10‐421‐13 Employee Benefits $ 9,700.00
Attorney Services
10‐422‐31 Professional & Technical $ 60,000.00
Animal Control
10‐426‐10 Salaries and Wages $ 6,570.00
10‐426‐13 Employee Benefits $ 1,314.00
Streets
10‐440‐10 Salaries and Wages $ 21,745.00
10‐440‐13 Employee Benefits $ 4,349.00
10‐440‐46 Special Departmental Supplies $ 6,000.00
Facilities
10‐443‐10 Salaries and Wages $ 12,000.00
10‐443‐13 Employee Benefits $ 2,400.00
Parks
10‐451‐10 Salaries and Wages $ 28,000.00
10‐451‐13 Employee Benefits $ 5,600.00
Aquatic Center
10‐452‐08 Maintenance Salaries $ 17,000.00
10‐452‐09 Lifeguard Salaries $ 20,000.00
10‐452‐10 Salaries and Wages $ 9,700.00
10‐452‐13 Employee Benefits $ 5,000.00
Planning
10‐418‐10 Salaries and Wages $ 2,500.00
10‐418‐13 Employee Benefits $ 500.00
Transfers
10‐480‐61 Transfer to Capital Projects Fund $ 209,949.00
Page 20 of 355
Resolution #06-2017 Page 3 of 5
10‐480‐86 Contribution to Recreation Fund $ 37,518.00
Total Expenses $ 609,114.00
Recreation Fund
Revenue
23‐33‐562 City of Moab Contribution $ (37,518.00)
Total Revenue $ (37,518.00)
Expenses
23‐640‐10 Salaries and Wages $ 4,438.00
23‐640‐10 Salaries and Wages $ 11,034.00
23‐640‐11 Salary Differential $ (14,148.00)
23‐640‐13 Employee Benefits $ 888.00
23‐640‐13 Employee Benefits $ 10,756.00
23‐800‐10 Salaries and Wages $ 2,300.00
23‐800‐10 Salaries and Wages $ 11,034.00
23‐800‐13 Employee Benefits $ 460.00
23‐800‐13 Employee Benefits $ 10,756.00
Total Expenses $ 37,518.00
Capital Projects Fund
Revenue
41‐36‐124 Grants and Donations $ (10,000.00)
41‐36‐224 UDOT Aid Project $ 180,000.00
41‐39‐222 Transfer from General Fund $ (209,949.00)
41‐39‐561 Cap Projects Beg Fund Balance $ (295,051.00)
Total Revenue $ (335,000.00)
Expenses
41‐791‐50 Police Equipment $ 10,000.00
41‐440‐83 Streets Equipment $ (32,000.00)
41‐750‐46 Recreation/Parks Equip $ 32,000.00
41‐780‐25 Trail & Bridge Improvements $ 175,000.00
41‐770‐31 Muni Bldg Project $ 150,000.00
Total Expenses $ 335,000.00
Water & Sewer Fund
Operating Revenue
51‐37‐260 Water connections $ (25,000.00)
51‐56‐900 Sundry Revenue $ (60,000.00)
51‐57‐440 Sewer Connections $ (12,636.00)
Total Operating Revenue $ (97,636.00)
Non‐operating Revenue
51‐39‐535 W/S Beg Fund Balance $ (60,500.00)
51‐39‐535 W/S Beg Fund Balance $ (129,500.00)
51‐56‐250 WWTP Agency ILA Contribution $ (800,000.00)
51‐56‐200 Sewer WRF Financing $ (6,650,000.00)
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Resolution #06-2017 Page 4 of 5
Total Non‐Operating Revenue $ (7,640,000.00)
Operating Expenses
51‐500‐10 Salaries and Wages $ 5,300.00
51‐500‐11 Salary Differential $ (23,360.00)
51‐500‐13 Employee Benefits $ 1,060.00
51‐500‐46 Special Departmental Sup $ 5,500.00
51‐600‐10 Salaries and Wages $ 8,000.00
51‐600‐13 Employee Benefits $ 1,600.00
51‐600‐31 Professional & Technical $ 80,000.00
51‐600‐46 Special Departmental Sup $ 60,000.00
51‐610‐10 Salaries and Wages $ 6,165.00
51‐610‐13 Employee Benefits $ 1,235.00
51‐610‐31 Professional & Technical $ 12,636.00
Total Operating Expenses $ 176,196.00
Capital Expenses
Projects:
Impact Fee Project Impact Fee/Rate Study $ 20,000.00
Impact Fee Project
South Trunk Line Planning &
Design $ (200,000.00)
Impact Fee Project WRF Design & Permitting $ (3,400,000.00)
Impact Fee Project WRF Construction $ 9,250,000.00
Impact Fee Project WRF Construction Administration $ 660,000.00
Impact Fee Project WRF Site Prep $ 1,150,000.00
Impact Fee Project Sanitary Sewer Master Plan $ 20,000.00
Impact Fee Project Water Tank Design & Construction $ (1,030,000.00)
Impact Fee Project Water Storage & dist Master Plan $ 30,000.00
Sewer Project WWTP Effluent Pipe Replacement $ (50,000.00)
Total Capital Projects $ 6,450,000.00
Direct Purchases:
1643 ‐ Meters Water Meters $ 40,000.00
1653 ‐ Manhole Replacement
Project Sewer Manhole Replacement $ 30,000.00
1661.2 ‐ Equipment ‐ water Compressors $ 40,000.00
Total Direct Purchases $ 110,000.00
Storm Water Utility
Fund
Capital Expenses
Projects:
Minor Storm Water Projects Minor Storm Water Projects $ (25,000.00)
Storm Water Master Plan Storm Water Master Plan $ 25,000.00
Total Capital Projects $ ‐
Page 22 of 355
Resolution #06-2017 Page 5 of 5
PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 28th
day of February, 2017.
David L. Sakrison
Mayor
ATTEST:
Rachel E. Stenta
City of Moab
Page 23 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
10 10 General Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 1 2/3/2017 05:33 PM
Change In Net Position
Revenue:
Taxes
31300 SALES & USE TAXES (1,223,395) (1,820,467) 67.20%
31400 FRANCHISE TAXES (81,192) (153,351) 52.95%
31500 HIGHWAY TAXES (496,042) (701,696) 70.69%
31600 TRANSIENT ROOM TAXES (883,620) (1,082,140) 81.65%
31700 RESORT COMMUNITY TAXES (2,543,265) (3,474,676) 73.19%
31800 ENERGY TAXES (110,196) (168,552) 65.38%
38722 ANIMAL SHELTER SALES TAX ---
Total Taxes (5,337,710)(7,400,882)72.12%
Licenses and permits
32110 BEER LICENSES (760) (8,700) 8.74%
32160 FLAT BUSINESS LICENSES (30,281) (48,000) 63.09%
32209 SIGN PERMITS (1,057) (1,200) 88.08%
32210 BUILDING PERMITS - CITY (59,563) (53,000) 112.38%
32211 BUILDING PERMITS - COMMERCIAL (66,229) (42,000) 157.69%
32212 1% BLDG PERMIT CHARGE 693 (950) -72.95%
32213 PLAN CHECK FEES (8,057) (5,000) 161.14%
32290 OTHER LICENSES & PERMITS (50)(500) 10.00%
Total Licenses and permits (165,304)(159,350)103.74%
Intergovernmental revenue
33580 STATE LIQUOR FUND ALLOTMENT (27,209) (28,000) 97.18%
36972 HOMELAND SECURITY GRANT ---
36973 MISC STATE GRANTS (2,396) (25,000) 9.58%
36974 SAN JUAN CO. CONTRIBUTION - (5,000)-
37100 GRAND COUNTY CONTRIBUTION (59,585) (72,301) 82.41%
37110 GCRSSD RECREATION CTR CONTRIBUTION - (25,000)-
Total Intergovernmental revenue (89,190)(155,301)57.43%
Charges for services
34001 SPECIAL SERVICES BY CITY DEPTS (8,134) (22,699) 35.83%
34005 POLICE SERVICES/SHIFTS - (30,000)-
34020 RESTITUTION PAID (100)--
34200 GARBAGE BILLING / COLLECTION (27,345) (45,000) 60.77%
34430 REFUSE COLLECTION CHARGES (544,693) (900,000) 60.52%
34510 FILM COMM - SPECIAL EVENT FEES ---
34730 ANIMAL SHELTER FEES (4,090) (8,500) 48.12%
34740 ANIMAL SHELTER INTERLOCAL (9,334) (14,500) 64.37%
Total Charges for services (593,696)(1,020,699)58.17%
MRAC
34711 MRAC - FITNESS ADMISSIONS (4,492) (4,000) 112.30%
34712 MRAC - FITNESS MEMBERSHIPS (19,579) (23,000) 85.13%
34713 MRAC - CITY EMPLOYEES (224)(700) 32.00%
34714 MRAC - SILVER SNEAKERS MEMBERSHIPS (2,993) (10,000) 29.93%
34715 MRAC - SWIM TEAM (1,215) (3,000) 40.50%
34716 MRAC - AQUATIC SPORTS ---
34717 MRAC - SHOWERS (20,480) (35,000) 58.51%
34718 MRAC - CASH OVER/SHORT 44 --
34719 MRAC - EMPLOYEE WELLNESS DISCOUNT ---
34720 MRAC - ADMISSIONS/AQUATIC (33,749) (90,000) 37.50%
34721 MRAC - ADMISSIONS/AQUAT & FITNESS (1,774) (1,500) 118.27%
34722 MRAC - RETAIL (4,204) (7,500) 56.05%
34723 MRAC - PROGRAM FEES/ AQUATIC (5,725) (15,000) 38.17%
34723.1 MRAC PRIVATE SWIM LESSONS ---
34724 MRAC - PROGRAM FEES/FITNESS (7,034) (7,500) 93.79%
34725 MRAC - CHILD CARE FEES (550) (2,000) 27.50%
34726 MRAC - MEMBERSHIPS/AQUATIC (16,755) (37,500) 44.68%
34727 MRAC - MEMBERSHIPS/AQUAT & FITNESS (48,599) (70,000) 69.43%
34728 MRAC - RENTAL FEES (2,620) (5,000) 52.40%
34729 MRAC - SPECIAL EVENT FEES - (1,000)-
Total MRAC (169,949)(312,700)54.35%
Fines and forfeitures
35010 FINES, FORFEITURES & PENALTIES (43,668) (80,000) 54.59%
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 24 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
10 10 General Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 2 2/3/2017 05:33 PM
35050 A/R 30-DAY PENALTIES ---
37200 FORFEITURES - (3,000)-
Total Fines and forfeitures (43,668)(83,000)52.61%
Interest
36110 INTEREST INCOME (11,141) (30,000) 37.14%
36111 INTEREST PTIF (9,052)--
Total Interest (20,193)(30,000)67.31%
Miscellaneous revenue
36160 PROCEEDS FROM LT DEBT ---
36200 PARK RENTALS (4,401) (10,000) 44.01%
36220 FILM COMM - SPONSOR/DONATION ---
36226 FILM COM. - EQUIP RENTAL FEES (90)--
36400 SALE OF REAL/PERS. PROPERTY (8) (5,000) 0.16%
36401 INSURANCE REBATE (14,983) (10,000) 149.83%
36420 EMPLOYEE MEDICAL CAFE RESIDUAL - (50,136)-
36450 SIDEWALK PERMITS ---
36500 SALE OF MATERIALS & SUPPLIES ---
36900 OTHER (5)(500) 1.00%
36901 DONATIONS (1,500)--
36902 REBATES -(500)-
36940 REAL ESTATE TRANSFER ASSESSMNT ---
36950 Unrealized gain/loss on bonds ---
36970 INSURANCE INCOME (9,268)--
36975 SAFETY GRANT - (2,513)-
38260 ANIMAL DEPOSITS NON-OPERATING (175) (1,500) 11.67%
38721 ANIMAL SHELTER - SUNDRY RESALE ---
Total Miscellaneous revenue (30,430)(80,149)37.97%
Contributions and transfers
39920 OVERHEAD PAID FROM SWD ENT FND - (4,000) -
39930 OVERHEAD PAID FROM ENT. FUND - (369,146)-
39940 GENERAL FUND BEG. BALANCE - (307,000)-
39950 TRANSFER FROM OTHER FUNDS ---
Total Contributions and transfers -(680,146)-
Total Revenue:(6,450,140)(9,922,227)65.01%
Expenditures:
General government
General
41610 General SALARIES & WAGES ---
41611 General SALARY DIFFERENTIAL (SURVEY)- 189,781 -
41613 General EMPLOYEE BENEFITS ---
41621 General SUBSCRIPTIONS & MEMBERSHIPS ---
41622 General PUBLIC NOTICES ---
41623 General TRAVEL/FOOD 165 5,300 3.11%
41624 General OFFICE EXPENSE & SUPPLIES 12 100 12.00%
41625 General EQUIP./SUPPLIES & MAINTENANCE -400 -
41626 General BLDG/GRDS- SUPPL & MAINTENANCE ---
41627 General UTILITIES 21,860 40,000 54.65%
41628 General TELEPHONE/INTERNET 12,835 38,735 33.14%
41629 General RENT OF PROPERTY OR EQUIPMENT 1,212 2,000 60.60%
41630 General MONTHLY FUEL - GASCARD 312 1,300 24.00%
41631 General PROFESSIONAL & TECHNICAL - 14,000 -
41635 General SHIPPING/FREIGHT 2,715 --
41646 General SPECIAL DEPARTMENTAL SUPPLIES 346 400 86.50%
41651 General INSURANCE 23 127,000 0.02%
41674 General MACHINERY & EQUIPMENT ---
Total General 39,480 419,016 9.42%
Executive and Central Staff
41310 Exec SALARIES & WAGES 32,383 54,300 59.64%
41313 Exec EMPLOYEE BENEFITS 12,249 25,488 48.06%
41321 Exec SUBSCRIPTIONS & MEMBERSHIPS -6,200 -
41323 Exec TRAVEL\FOOD 6,015 7,500 80.20%
41324 Exec OFFICE EXPENSE & SUPPLIES 14 800 1.75%
41325 Exec EQUIP/SUPPLIES & MAINTENANCE -500 -
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 25 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
10 10 General Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 3 2/3/2017 05:33 PM
41328 Exec TELEPHONE (119)2,000 -5.95%
41331 Exec PROFESSIONAL/TECHNICAL SERVICE 2,000 5,000 40.00%
41333 Exec EDUCATION 385 5,000 7.70%
41335 Exec SHIPPING\FREIGHT 5--
41346 Exec SPECIAL DEPARTMENTAL SUPPLIES 56 2,000 2.80%
41374 Exec MACHINERY & EQUIPMENT ---
Total Executive and Central Staff 52,988 108,788 48.71%
Administrative
41410 Admin SALARIES & WAGES 197,709 171,851 115.05%
41413 Admin EMPLOYEE BENEFITS 42,453 77,916 54.49%
41415 Admin OVERTIME 27 300 9.00%
41416 Admin UNEMPLOYMENT 3,968 4,000 99.20%
41417 Admin EMPLOYEE BONUS PROGRAM 999 6,000 16.65%
41421 Admin SUBSCRIPTIONS & MEMBERSHIPS 1,500 1,300 115.38%
41422 Admin PUBLIC NOTICES 5,167 --
41423 Admin TRAVEL\FOOD 3,230 7,700 41.95%
41424 Admin OFFICE EXPENSE & SUPPLIES 282 2,000 14.10%
41425 Admin EQUIP/SUPPLIES & MAINTENANCE -300 -
41428 Admin TELEPHONE 567 --
41430 Admin MONTHLY FUEL - GASCARD ---
41431 Admin PROFESSIONAL/TECH. SERVICE 23,433 94,416 24.82%
41433 Admin EDUCATION 990 2,000 49.50%
41435 Admin SHIPPING\FREIGHT 171 --
41446 Admin SPECIAL DEPARTMENTAL SUPPLIES 735 400 183.75%
41474 Admin MACHINERY & EQUIPMENT -2,000 -
41475 Admin GRANT EXPENSES -500 -
Total Administrative 281,231 370,683 75.87%
Recorder
41510 Recorder SALARIES & WAGES 156,368 290,577 53.81%
41513 Recorder EMPLOYEE BENEFITS 76,573 145,565 52.60%
41515 Recorder OVERTIME 2,681 2,000 134.05%
41521 Recorder SUBSCRIPTIONS/MEMBERSHIPS 229 7,022 3.26%
41522 Recorder PUBLIC NOTICES 5,067 5,500 92.13%
41523 Recorder TRAVEL\FOOD 3,803 5,672 67.05%
41524 Recorder OFFICE EXPENSE & SUPPLIES 3,272 5,500 59.49%
41525 Recorder EQUIP./SUPPLIES & MAINTENANCE ---
41528 Recorder TELEPHONE 135 --
41531 Recorder PROFESSIONAL & TECH. SERVICES 24,297 56,302 43.15%
41533 Recorder EDUCATION 3,904 6,700 58.27%
41535 Recorder SHIPPING\FREIGHT 184 --
41546 Recorder SPECIAL DEPARTMENTAL SUPPLIES 3,452 4,250 81.22%
41550 Recorder COPIER SUPPLIES 6,499 13,486 48.19%
41574 Recorder MACHINERY & EQUIPMENT ---
415810 LEASE PRINCIPAL ---
415820 LEASE INTEREST ---
Total Recorder 286,464 542,574 52.80%
Information Technology
43010 Info Tech SALARIES & WAGES - - -
43013 Info Tech EMPLOYEE BENEFITS ---
43024 Info Tech OFFICE EXPENSE & SUPPLIES 1,332 4,000 33.30%
43031 Info Tech PROF & TECH SERVICES 41,503 103,295 40.18%
43031.1 Info Tech WEBSITE 540 25,000 2.16%
43031.2 Info Tech GOOGLE FOR GOVERNMENT 3,294 15,000 21.96%
43031.3 Info Tech SECURITY APPLIANCE 4,323 5,000 86.46%
43031.4 Info Tech WIFI - ACCESS LICENSES 1,855 2,000 92.75%
43031.5 Info Tech ANTIVIRUS 1,592 5,000 31.84%
43046 Info Tech SPECIAL DEPT SUPPLIES 2,159 5,000 43.18%
43074 Info Tech MACHINERY & EQUIPMENT 18,655 21,000 88.83%
Total Information Technology 75,253 185,295 40.61%
Elections
41722 Election PUBLIC NOTICES ---
41723 Election TRAVEL ---
41729 Election RENTAL - VOTING POLLS/PAGER ---
41731 Election PROFESSIONAL/TECH - PRIMARY ---
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 26 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
10 10 General Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 4 2/3/2017 05:33 PM
41732 Election PROFESSIONAL/TECH - GENERAL ---
41733 Election EDUCATION - INITIATIVE ---
41734 Election EDUCATION - PRIMARY/GENERAL ---
41735 Election CARR PRINTING EXPENSES ---
41736 Election ELECTION DINNERS - PRIMARY ---
41737 Election ELECTION DINNERS - GENERAL ---
41746 Election SPECIAL DEPT'L - PRIMARY ---
41747 Election SPECIAL DEPT'L - GENERAL ---
41774 Election MACHINERY & EQUIPMENT ---
Total Elections ---
Engineering
41910 Engineer SALARIES & WAGES 123,190 266,455 46.23%
41913 Engineer BENEFITS 62,564 140,170 44.63%
41915 Engineer OVERTIME -5,000 -
41921 Engineer SUBSCRIPTIONS & MEMBERSHIPS 4,405 14,500 30.38%
41922 Engineer PUBLIC NOTICES ---
41923 Engineer TRAVEL 1,923 6,200 31.02%
41924 Engineer OFFICE EXPENSE & SUPPLIES 198 4,500 4.40%
41925 Engineer EQUIP/SUPPLIES & MAINTENANCE ---
41928 Engineer TELEPHONE 589 --
41930 Engineer MONTHLY FUEL - GASCARD 44 --
41931 Engineer PROFESSIONAL & TECH. SERVICES 17,867 50,000 35.73%
41931.1 Engineer PLAN REVIEW SERVICES 19,559 40,000 48.90%
41933 Engineer EDUCATION 405 5,500 7.36%
41935 Engineer SHIPPING\FREIGHT 13 --
41946 Engineer SPECIAL DEPTARTMENTAL SUPPLIES 207 5,000 4.14%
41974 Engineer MACHINERY & EQUIPMENT ---
Total Engineering 230,964 537,325 42.98%
Treasurer
42010 Treasurer SALARIES & WAGES 61,421 113,192 54.26%
42013 Treasurer EMPLOYEE BENEFITS 36,990 62,577 59.11%
42015 Treasurer OVERTIME 206 250 82.40%
42021 Treasurer SUBSCRIPTIONS & MEMBERSHIPS 1,785 700 255.00%
42023 Treasurer TRAVEL 100 1,500 6.67%
42024 Treasurer OFFICE EXPENSE & SUPPLIES 4,696 12,425 37.79%
42025 Treasurer EQUIPMENT SUPPL. & MAINTENANCE -200 -
42028 Treasurer TELEPHONE (143)--
42031 Treasurer PROFESSIONAL & TECH. SERVICES 1,775 7,000 25.36%
42033 Treasurer EDUCATION -1,000 -
42035 Treasurer SHIPPING\FREIGHT -200 -
42036 Treasurer BANK HANDLING CHARGES 11,158 26,000 42.92%
42046 Treasurer SPECIAL DEPARTMENTAL SUPPLIES 1,090 2,700 40.37%
42051 Treasurer INSURANCE 1,376 1,750 78.63%
42063 Treasurer CASH OVER & SHORT ---
42074 Treasurer MACHINERY & EQUIPMENT ---
Total Treasurer 120,454 229,494 52.49%
Total General government 1,086,834 2,393,175 45.41%
Public safety
Police
42110 Police SALARIES & WAGES 591,087 928,589 63.65%
42111 Police MOVIE\SECURITY WAGES - 30,000 -
42113 Police EMPLOYEE BENEFITS 371,240 674,716 55.02%
42114 Police OTHER BENEFITS- U/ALLOWANCES 7,560 16,680 45.32%
42115 Police OVERTIME 42,090 76,500 55.02%
42116 Police UNEMPLOYMENT 5,635 --
42118 Police OFFICER EQUIP/PAYROLL DEDUCT 7,054 --
42121 Police SUBSCRIPTIONS & MEMBERSHIPS 4,185 15,406 27.16%
42123 Police TRAVEL\FOOD 10,155 25,363 40.04%
42124 Police OFFICE EXPENSE & SUPPLIES 3,064 11,992 25.55%
42125 Police EQUIPMENT-SUPPL. & MAINTENANCE 29,620 58,605 50.54%
42126 Police BLDG/GRDS-SUPPL. & MAINTENANCE 11 10,000 0.11%
42128 Police TELEPHONE 8,665 18,000 48.14%
42129 Police RENT OF PROPERTY OR EQUIPMENT 2,690 6,666 40.35%
42130 Police MONTHLY FUEL - GASCARD 22,809 64,500 35.36%
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 27 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
10 10 General Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 5 2/3/2017 05:33 PM
42131 Police PROFESSIONAL & TECH. SERVICES 36,690 5,275 695.55%
42133 Police EDUCATION 5,379 19,710 27.29%
42135 Police SHIPPING\FREIGHT 347 --
42136 Police DISPATCH SERVICES 40,358 76,000 53.10%
42137 Police DRUG ENFORCEMENT ---
42146 Police SPECIAL DEPARTMENTAL SUPPLIES 12,669 29,227 43.35%
42169 Police Lease payments ---
42172 Police SPECIAL EVENTS ---
42173 Police D.A.R.E. - EQUIP. & SUPPLIES -2,000 -
42174 Police MACHINERY & EQUIPMENT 147 --
421810 LEASE PRINCIPAL ---
421820 LEASE INTEREST ---
Total Police 1,201,455 2,069,229 58.06%
Attorney
42231 Attorney PROFESSIONAL & TECH. SERVICES 88,261 85,000 103.84%
42231.1 Attorney PUBLIC DEFENDER 12,000 24,000 50.00%
42231.2 Attorney PROSECUTION SERVICES 15,000 36,000 41.67%
Total Attorney 115,261 145,000 79.49%
Narcotics Task Force
42310 Narcotics SALARIES & WAGES - - -
42313 Narcotics EMPLOYEE BENEFITS ---
42314 Narcotics OTHER BENEFITS- U/ALLOWANCES ---
42315 Narcotics OVERTIME ---
42321 Narcotics SUBSCRIPTIONS/MEMBERSHIPS ---
42323 Narcotics TRAVEL ---
42324 Narcotics OFFICE SUPPLIES ---
42325 Narcotics EQUIP/SUPPLIES & MAINTENANCE ---
42328 Narcotics TELEPHONE ---
42330 Narcotics MONTHLY FUEL - GASCARD ---
42331 Narcotics PROFESSIONAL/TECHNICAL SERVICE ---
42333 Narcotics EDUCATION ---
42335 Narcotics SHIPPING\FREIGHT ---
42346 Narcotics SPECIAL DEPARTMENTAL SUPPLIES ---
42369 Narcotics LEASE PAYMENT ---
42370 Narcotics FORFEITURES ---
42374 Narcotics MACHINERY & EQUIPMENT ---
Total Narcotics Task Force ---
Beer Tax Funds Eligible Expenses
42510 Beer Tax SALARIES & WAGES 1,273 5,300 24.02%
42513 Beer Tax EMPLOYEE BENEFITS 1,040 5,700 18.25%
42531 Beer Tax PROFESSIONAL & TECH. SERVICES -8,000 -
42546 Beer Tax SPECIAL DEPARTMENTAL SUPPLIES ---
42574 Beer Tax EQUIPMENT -9,000 -
Total Beer Tax Funds Eligible Expenses 2,313 28,000 8.26%
Inspections
42431 Inspection PROFESSIONAL & TECH. SERVICES 62,500 125,000 50.00%
42475 Inspection SPECIAL PROJECTS ---
Total Inspections 62,500 125,000 50.00%
Animal control
42610 Animal Ctl SALARIES & WAGES 64,571 109,527 58.95%
42613 Animal Ctl EMPLOYEE BENEFITS 47,158 80,795 58.37%
42614 Animal Ctl OTHER BENEFIT - U/ALLOWANCES 1,600 2,880 55.56%
42615 Animal Ctl OVERTIME 5,696 11,500 49.53%
42621 Animal Ctl SUBSCRIPTIONS & MEMBERSHIPS 253 1,660 15.24%
42623 Animal Ctl TRAVEL\FOOD 50 1,770 2.82%
42624 Animal Ctl OFFICE EXPENSE & SUPPLIES (66)1,500 -4.40%
42625 Animal Ctl EQUIPMENT-SUPPL. & MAINTENANCE 4,076 15,500 26.30%
42628 Animal Ctl TELEPHONE 1,957 4,275 45.78%
42630 Animal Ctl MONTHLY FUEL - GASCARD 2,659 9,100 29.22%
42631 Animal Ctl PROFESSIONAL & TECH. SERVICES 374 5,900 6.34%
42633 Animal Ctl EDUCATION 250 1,600 15.63%
42635 Animal Ctl SHIPPING\FREIGHT 7 --
42646 Animal Ctl SPECIAL DEPARTMENTAL SUPPLIES -3,800 -
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 28 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
10 10 General Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 6 2/3/2017 05:33 PM
42669 Animal Ctl Lease payments ---
42674 Animal Ctl MACHINERY & EQUIPMENT -1,700 -
Total Animal control 128,585 251,507 51.13%
Animal Shelter
42710 Animal Shltr SALARIES & WAGES - - -
42713 Animal Shltr EMPLOYEE BENEFITS ---
42714 Animal Shltr OTHER BENEFITS- U/ALLOWANCES ---
42715 Animal Shltr OVERTIME ---
42722 Animal Shltr PUBLIC NOTICES ---
42724 Animal Shltr OFFICE EXPENSE & SUPPLIES ---
42725 Animal Shltr EQUIP/SUPPLIES & MAINTENANCE ---
42726 Animal Shltr BLDG/GRDS-SUPPLIES & MAINT.---
42727 Animal Shltr UTILITIES 187 --
42728 Animal Shltr TELEPHONE ---
42730 Animal Shltr MONTHLY FUEL - GASCARD ---
42731 Animal Shltr PROFESSIONAL/TECHNICAL SERVICE ---
42733 Animal Shltr EDUCATION ---
42735 Animal Shltr SHIPPING\FREIGHT ---
42746 Animal Shltr SPECIAL DEPARTMENTAL SUPPLIES ---
42769 Animal Shltr Lease payments ---
42774 Animal Shltr MACHINERY & EQUIPMENT ---
Total Animal Shelter 187 --
Total Public safety 1,510,301 2,618,736 57.67%
Facilities
Streets
44010 Streets SALARIES & WAGES 159,690 351,769 45.40%
44013 Streets EMPLOYEE BENEFITS 122,993 260,947 47.13%
44015 Streets OVERTIME 3,635 8,200 44.33%
44016 Streets UNEMPLOYMENT -390 -
44021 Streets SUBSCRIPTIONS & MEMBERSHIPS (55)2,030 -2.71%
44022 Streets PUBLIC NOTICES ---
44023 Streets TRAVEL 2,595 6,300 41.19%
44024 Streets OFFICE EXPENSE & SUPPLIES 2,178 5,500 39.60%
44025 Streets EQUIPMENT-SUPPL. & MAINTENANCE 15,380 25,000 61.52%
44026 Streets BLDG/GRDS-SUPPL. & MAINTENANCE 19,276 28,700 67.16%
44027 Streets UTILITIES 8,633 18,100 47.70%
44028 Streets TELEPHONE 2,182 4,700 46.43%
44029 Streets RENT OF PROPERTY OR EQUIPMENT 1,200 2,900 41.38%
44030 Streets MONTHLY FUEL - GASCARD 11,959 35,250 33.93%
44031 Streets PROFESSIONAL & TECH. SERVICES 6,014 11,500 52.30%
44033 Streets EDUCATION 820 3,250 25.23%
44035 Streets SHIPPING\FREIGHT 124 500 24.80%
44042 Streets STREET LIGHTS 46,238 99,500 46.47%
44046 Streets SPECIAL DEPARTMENTAL SUPPLIES 14,923 28,200 52.92%
44069 Streets Lease payments ---
44074 Streets MACHINERY & EQUIPMENT 1,625 4,000 40.63%
44077 Street SPECIAL PROJECTS ---
440810 Street LEASE PRINCIPAL ---
440820 Streets LEASE INTEREST ---
Total Streets 419,410 896,736 46.77%
Facilities
44310 Facilities SALARIES & WAGES 64,706 159,829 40.48%
44313 Facilities EMPLOYEE BENEFITS 37,533 125,330 29.95%
44315 Facilities OVERTIME 1,804 --
44326 Facilities BLDG/GRDS-SUPPL & MAINT 2,948 9,500 31.03%
44326.1 Facilities - CITY CENTER ---
44326.2 Facilities - MARC ---
44326.3 Facilities - CENTER STREET GYM ---
44327 Facilities UTILITIES ---
Total Facilities 106,991 294,659 36.31%
Safety
44121 Safety SUBSCRIPTIONS & MEMBERSHIPS 440 3,895 11.30%
44123 Safety TRAVEL -2,195 -
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 29 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
10 10 General Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 7 2/3/2017 05:33 PM
44125 Safety EQUIP/SUPPLIES & MAINTENANCE 734 8,405 8.73%
44128 Safety TELEPHONE 32 500 6.40%
44131 Safety PROFESSIONAL & TECH. SERVICES 9,937 1,500 662.47%
44133 Safety EDUCATION -4,485 -
44135 Safety SHIPPING\FREIGHT 51 600 8.50%
44146 Safety SPECIAL DEPARTMENTAL SUPPLIES 11,296 28,400 39.77%
44174 Safety MACHINERY & EQUIPMENT ---
44175 Safety SAFETY EQUIPMENT ---
Total Safety 22,490 49,980 45.00%
Vehicle Maintenance
44410 Vehicle Maintenance SALARIES & WAGES 50,174 85,876 58.43%
44413 Vehicle Maintenance - EMPLOYEE BENEFITS 39,733 70,751 56.16%
44415 Vehicle Maintenance OVERTIME 75 --
44425 Vehicle Maintenance EQUIP/SUPPL & MAINT 210 --
Total Vehicle Maintenance 90,192 156,627 57.58%
Sanitation
44231 Sanitation PROFESSIONAL & TECH. SERVICES 621,512 900,000 69.06%
Total Sanitation 621,512 900,000 69.06%
Total Facilities 1,260,595 2,298,002 54.86%
Parks, recreation, and public property
Parks
Parks O&M
45110 Parks O&M SALARIES & WAGES 155,662 286,185 54.39%
45113 Parks O&M EMPLOYEE BENEFITS 96,543 209,350 46.12%
45115 Parks O&M OVERTIME 1,073 3,700 29.00%
45121 Parks O&M SUBSCRIPTIONS & MEMBERSHIPS 95 750 12.67%
45123 Parks O&M TRAVEL 150 1,500 10.00%
45124 Parks O&M OFFICE EXPENSE & SUPPLIES ---
45125 Parks O&M EQUIPMENT-SUPPL. & MAINTENANCE 6,561 13,000 50.47%
45126 Parks O&M BLDG/GRDS-SUPPL. & MAINTENANCE 4,508 21,000 21.47%
45127 Parks O&M UTILITIES 28,868 57,184 50.48%
45128 Parks O&M TELEPHONE 328 2,350 13.96%
45129 Parks O&M RENTALS -750 -
45130 Parks O&M MONTHLY FUEL - GASCARD 7,659 20,000 38.30%
45131 Parks O&M PROFESSIONAL & TECH. SERVICES 816 14,500 5.63%
45133 Parks O&M EDUCATION 710 2,000 35.50%
45135 Parks O&M SHIPPING/FREIGHT -750 -
45146 Parks O&M SPECIAL DEPARTMENTAL SUPPLIES 6,476 14,500 44.66%
45168 Parks O&M TRAIL MAINTENANCE ---
45169 Parks O&M Lease payments ---
45173 Parks O&M PARK IMPROVEMENTS 886 3,500 25.31%
45174 Parks O&M MACHINERY & EQUIPMENT -1,500 -
Total Parks O&M 310,335 652,519 47.56%
Parks MGMT
45010 Parks MGMT SALARIES & WAGES - 10,000 -
45013 Parks MGMT EMPLOYEE BENEFITS -765 -
45015 Parks MGMT OVERTIME ---
45021 Parks MGMT SUBSCRIPTIONS & MEMBERSHIPS ---
45023 Parks MGMT TRAVEL 250 --
45024 Parks MGMT OFFICE EXPENSE & SUPPLIES ---
45031 Parks MGMT PROFESSIONAL & TECH - 10,000 -
Total Parks MGMT 250 20,765 1.20%
Total Parks 310,585 673,284 46.13%
Swimming Pool
45208 MRAC MAINTENANCE SALARIES 44,660 60,387 73.96%
45209 MRAC LIFEGUARD SALARIES 92,036 134,457 68.45%
45210 MRAC SALARIES & WAGES 108,975 204,243 53.36%
45211 MRAC AQUATIC PROGRAM SALARIES 8,719 12,726 68.51%
45212 MRAC FITNESS PROGRAM SALARIES 6,615 11,338 58.34%
45213 MRAC EMPLOYEE BENEFITS 58,497 109,760 53.30%
45215 MRAC OVERTIME 238 750 31.73%
45216 MRAC UNEMPLOYMENT ---
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 30 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
10 10 General Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 8 2/3/2017 05:33 PM
45221 MRAC SUBSCRIPTIONS & MEMBERSHIPS (29)340 -8.53%
45222 MRAC LEGAL NOTICES/ADVERTISING 7,050 10,000 70.50%
45223 MRAC TRAVEL 530 2,520 21.03%
45224 MRAC OFFICE EXPENSE & SUPPLIES 1,305 4,500 29.00%
45225 MRAC EQUIPMENT-SUPPL. & MAINTENANCE 4,867 15,000 32.45%
45226 MRAC BLDG/GRDS-SUPPL. & MAINTENANCE 10,585 30,500 34.70%
45227 MRAC UTILITIES 41,449 101,000 41.04%
45228 MRAC TELEPHONE 3,240 6,000 54.00%
45229 MRAC RENT OF PROPERTY OR EQUIPMENT 29 2,000 1.45%
45231 MRAC PROFESSIONAL & TECH. SERVICES 3,671 17,350 21.16%
45233 MRAC EDUCATION 433 5,000 8.66%
45234 MRAC INSTRUCTIONAL MATERIALS/SUPP.-600 -
45235 MRAC SHIPPING\FREIGHT 202 3,500 5.77%
45246 MRAC SPECIAL DEPARTMENTAL SUPPLIES 11,145 38,300 29.10%
45261 MRAC SUNDRY EXPENSES-MISCELLANEOUS 2,081 6,500 32.02%
45270 MRAC SWIM TEAM 469 3,000 15.63%
45271 MRAC FITNESS PROGRAMS ---
45273 MRAC AQUATIC PROGRAMS 370 1,500 24.67%
45274 MRAC - MACHINERY & EQUIPMENT ---
45275 MRAC SPECIAL EVENTS -1,000 -
Total Swimming Pool 407,137 782,271 52.05%
Total Parks, recreation, and public property 717,722 1,455,555 49.31%
Community Services
Community Services
45310 Community Services SALARIES & WAGES 50,470 88,828 56.82%
45313 Community Services EMPLOYEE BENEFITS 22,137 41,295 53.61%
45323 Community Services TRAVEL 105 2,000 5.25%
45324 Community Services OFFICE EXPENSE & SUPPLIES 261 500 52.20%
45328 Community Services TELEPHONE 362 --
45331 Community Services PROF & TECHNICAL SERVICES - 233,500 -
Total Community Services 73,335 366,123 20.03%
Planning
41810 Planning SALARIES & WAGES 107,137 153,664 69.72%
41813 Planning EMPLOYEE BENEFITS 54,770 84,434 64.87%
41815 Planning OVERTIME 894 4,000 22.35%
41821 Planning SUBSCRIPTIONS & MEMBERSHIPS 3,024 3,830 78.96%
41822 Planning PUBLIC NOTICES 90 1,200 7.50%
41823 Planning TRAVEL 1,594 6,200 25.71%
41824 Planning OFFICE EXPENSE & SUPPLIES 685 6,050 11.32%
41825 Planning EQUIPMENT-SUPPL. & MAINTENANCE 350 --
41828 Planning TELEPHONE (146)--
41830 Planning MONTHLY FUEL - GASCARD -1,000 -
41831 Planning PROFESSIONAL & TECH. SERVICES 3,600 95,850 3.76%
41833 Planning EDUCATION 631 4,500 14.02%
41835 Planning SHIPPING/FREIGHT -400 -
41846 Planning SPECIAL DEPARTMENTAL SUPPLIES 261 1,000 26.10%
41874 Planning MACHINERY & EQUIPMENT ---
Total Planning 172,890 362,128 47.74%
Film Commission
42810 Film Comm SALARIES & WAGES 15,907 54,529 29.17%
42813 Film Comm EMPLOYEE BENEFITS 3,025 30,577 9.89%
42815 Film Comm OVERTIME ---
42821 Film Comm SUBSCRIPTIONS & MEMBERSHIPS 1,074 3,982 26.97%
42822 Film Comm PUBLIC NOTICES 1,786 4,100 43.56%
42823 Film Comm TRAVEL 2,030 8,000 25.38%
42824 Film Comm OFFICE EXPENSE & SUPPLIES 133 480 27.71%
42825 Film Comm EQUIP./SUPPLIES & MAINTENANCE -774 -
42828 Film Comm TELEPHONE 543 1,350 40.22%
42830 Film Comm MONTHLY FUEL - GASCARD 188 700 26.86%
42831 Film Comm PROFESSIONAL & TECH. SERVICES -6,234 -
42833 Film Comm EDUCATION 207 1,500 13.80%
42835 Film Comm SHIPPING\FREIGHT 55 580 9.48%
42846 Film Comm SPECIAL DEPARTMENTAL SUPPLIES 124 314 39.49%
42874 Film Comm MACHINERY & EQUIPMENT -1,050 -
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 31 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
10 10 General Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 9 2/3/2017 05:33 PM
42875 Film Comm SPECIAL PROJECTS -5,000 -
42876 Film Comm GRANT EXPENSES ---
Total Film Commission 25,072 119,170 21.04%
Community Contributions
46024 Econ Dev RECYCLING SERVICES - - -
46026 Econ Dev ARTS PROMOTION 7,000 7,000 100.00%
46027 Econ Dev AFFORDABLE HOUSING ---
46075 Econ Dev SHELTER SERVICES 7,500 7,500 100.00%
46076 MOAB INFORMATION CENTER ---
46077 Econ Dev MAYORS GRANTS ---
46082 Econ Dev SOUTHEASTERN ASSO. OF GOV.2,500 2,500 100.00%
46084 Econ Dev GRAND COUNTY/4TH JULY FIREWORK -5,000 -
Total Community Contributions 17,000 22,000 77.27%
Total Community Services 288,297 869,421 33.16%
Debt service
47111 CAPITAL LEASE PRINCIPAL ---
47112 CAPITAL LEASE INTEREST ---
47121 CAPITAL LEASE OFFSET CHARGES TO DEPTS ---
Total Debt service ---
Transfers and contributions out
48061 TRANS. TO CAPITAL PROJ. FUND - - -
48071 TRANSFER TO MILLCREEK FUND ---
48086 CONTRIBUTION - RECREATION FUND - 261,338 -
48090 TRANSFER TO STORM WATER UTIL ---
48097 TRANSFER TO CAPITAL PROJECTS ---
48098 CONTRIBUTION TO COMM DEV FUND - 26,000 -
Total Transfers and contributions out -287,338 -
Total Expenditures:4,863,749 9,922,227 49.02%
Total Change In Net Position (1,586,391)--
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 32 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
21 21 Class C Road Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 10 2/3/2017 05:33 PM
Change In Net Position
Revenue:
Taxes
33570 Class C TRANSPORTATION TAX (103,312) (150,000) 68.87%
Total Taxes (103,312)(150,000)68.87%
Intergovernmental revenue
33560 Class C CLASS C ROAD FUND (155,861) (180,000) 86.59%
Total Intergovernmental revenue (155,861)(180,000)86.59%
Interest
36100 Class C INTEREST INCOME (2,058) (1,355) 151.88%
36160 PROCEEDS FROM LT DEBT ---
Total Interest (2,058)(1,355)151.88%
Miscellaneous revenue
36200 PROPERTY OWNER CONTRIBUTIONS - - -
36325 SPECIAL SERVICES BY DEPT ---
Total Miscellaneous revenue ---
Contributions and transfers
3650 Proceeds on sale or trade of fixed assets - - -
39561 Class C TRANS. FROM EQUITY-B.O.Y. RESV - (268,745)-
Total Contributions and transfers -(268,745)-
Total Revenue:(261,231)(600,100)43.53%
Expenditures:
Facilities
Streets
40041 Class C SPECIAL DEPARTMENTAL SUPPLIES 4,142 68,000 6.09%
40058 Class C ROADBASE - PATCHING 2,970 5,000 59.40%
40070 Class C ASPHALT 8--
40071 Class C OVERLAY - 285,000 -
40072 Class C CRACK SEALING - 32,500 -
40073 Class C - CONCRETE 45,072 100,000 45.07%
40073.1 Class C CONCRETE ADA Transition Plan - 50,000 -
40073.2 Class C CONCRETE Sidewalk/Ped Ramp Repair - 50,000 -
40074 Class C MACHINERY & EQUIPMENT ---
400810 LEASE PRINCIPAL ---
400820 LEASE INTEREST ---
40169.1 Class C Equipment capital lease -9,600 -
40169.2 Class C Capital lease interest ---
Total Streets 52,192 600,100 8.70%
Total Facilities 52,192 600,100 8.70%
Total Expenditures:52,192 600,100 8.70%
Total Change In Net Position (209,039)--
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 33 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
23 23 Recreation Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 11 2/3/2017 05:33 PM
Change In Net Position
Revenue:
Intergovernmental revenue
33561 GRAND COUNTY - RSSD - (92,479)-
33563 SCHOOL DISTRICT (23,028) (23,028) 100.00%
Total Intergovernmental revenue (23,028)(115,507)19.94%
Charges for services
34537 TOURNAMENT SOFTBALL - MEN'S - - -
34538 TOURNAMENT SOFTBALL - YOUTH ---
34539 ADULT SOCCER (701) (2,300) 30.48%
34540 VOLLEYBALL - ADULT COED (180) (1,440) 12.50%
34545 VOLLEYBALL - WOMEN'S ---
34546 VOLLEYBALL - YOUTH SPRING (1,628)(650) 250.46%
34563 ADULT COED SOFTBALL 80 (2,250) -3.56%
34564 MENS SOFTBALL ---
34566 YOUTH/BASEBALL/SOFTBALL 70 (17,428) -0.40%
34567 RECURRING TEAM MEMBERSHIPS - (3,000)-
34568 YOUTH FOOTBALL (2,808) (2,325) 120.77%
34569 SPRING YOUTH SOCCER (2,788) (8,650) 32.23%
34570 FALL YOUTH SOCCER (3,472) (2,835) 122.47%
34571 SOCCER CAMPS (105)(150) 70.00%
34572 FOOT RACES (1,753) (12,950) 13.54%
34573 SMART START -(200)-
34574 INDOOR SOCCER - YOUTH (1,252) (1,500) 83.47%
34575 ADULT BASKETBALL -(450)-
34576 JR JAZZ BASKETBALL (3,346) (3,670) 91.17%
34577 FLAG FOOTBALL (1,627) (1,183) 137.53%
34578 MIDDLE SCHOOL FOOTBALL (1,551) (1,750) 88.63%
34579 FLAG FOOTBALL - ADULT -(600)-
34580 YOUTH VOLLEYBALL (2,797) (2,005) 139.50%
34581 MIDDLE SCHOOL VOLLEYBALL (885)(875) 101.14%
34583 YOUTH SPONSOR/BASEBALL - (9,750)-
34585 PICKLEBALL -(360)-
34586 DODGE BALL ---
34587 INDOOR SOCCER - ADULT (600)--
34599 MIDDLE SCHOOL TRVL BASEBALL ---
34600 CENTER ST. GYM FITNESS -(400)-
66373 DODGEBALL ---
Total Charges for services (25,343)(76,721)33.03%
Moab arts & recreation
66150 MEMBERSHIP FEES ---
66160 PROGRAM FEES (7,482) (6,500) 115.11%
66180 MATERIALS - TAXABLE ---
66210 GRANTS AND DONATIONS (5,167) (13,344) 38.72%
66250 WORKSHOP FEES ---
66271 RENTAL FEES (16,459) (34,000) 48.41%
66372 SPECIAL EVENTS FEES (40,755) (46,000) 88.60%
Total Moab arts & recreation (69,863)(99,844)69.97%
Interest
36100 INTEREST INCOME (322) - -
Total Interest (322)--
Miscellaneous revenue
36560 OTHER INCOME (2,420) - -
36570 GRANTS AND DONATIONS ---
Total Miscellaneous revenue (2,420)--
Contributions and transfers
33562 CITY OF MOAB - (261,338) -
39535 RECREATION FUND BEG. BALANCE ---
39536 BEG FUND BAL MARC SETASIDE ---
39537 LOAN FROM GENERAL FUND ---
39540 TRANSFER FROM AFTER SCHOOL ---
Total Contributions and transfers -(261,338)-
Teen Center
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 34 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
23 23 Recreation Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 12 2/3/2017 05:33 PM
36210 TEEN CENTER DONATIONS/GRANTS ---
36220 TEEN CENTER PROGRAM FEES ---
36230 TEEN CENTER WORKSHOP FEES ---
36231 PREP PROGRAM GRANT ---
36571 CTC GRANT ---
36757 SAFE PASSAGE GRANT ---
Total Teen Center ---
Total Revenue:(120,976)(553,410)21.86%
Expenditures:
Parks, recreation, and public property
Recreation
64010 Recreation SALARIES - DIRECTOR/ASST.90,702 146,863 61.76%
64011 Recreation SALARY DIFFERENTIAL (SURVEY)- 14,148 -
64013 Recreation EMPLOYEE BENEFITS 51,226 81,032 63.22%
64015 Recreation OVERTIME -200 -
64016 Recreation UNEMPLOYMENT ---
64021 Recreation SUBSCRIPTIONS & MEMBERSHIPS 236 800 29.50%
64022 Recreation ADVERTISING 2,594 4,500 57.64%
64023 Recreation TRAVEL 185 --
64024 Recreation OFFICE EXPENSE & SUPPLIES 523 2,000 26.15%
64025 Recreation - EQUIP SUPPLIES & MAINT 149 500 29.80%
64028 Recreation TELEPHONE 1,428 2,200 64.91%
64030 Recreation MONTHLY FUEL - GASCARD -650 -
64031 Recreation PROFESSIONAL & TECHNICAL 2,105 3,850 54.68%
64033 Recreation EDUCATION 75 2,165 3.46%
64035 Recreation SHIPPING/FREIGHT 137 1,075 12.74%
64036 Recreation DIRECTOR - TRAVEL 50 1,165 4.29%
64037 Recreation DIRECTOR/EDUCATION 51 2,934 1.74%
64046 Recreation SPECIAL DEPARTMENTAL SUPPLIES 177 200 88.50%
64065 Recreation FINGER-PRINTING -820 -
64092 Recreation TURKEY TROT/EASTER EGG HUNT 1,696 2,700 62.81%
95051 Recreation TRANSFER TO CAP PROJECTS ---
Total Recreation 151,334 267,802 56.51%
Ski Program
64102 SMART START ---
64103 CENTER ST. GYM FITNESS ---
Total Ski Program ---
Soccer
64201 Soccer YOUTH SOCCER 2,575 5,510 46.73%
64202 Soccer FALL SOCCER 542 1,100 49.27%
64205 Soccer ADULT SOCCER -550 -
64209 Soccer INDOOR - YOUTH SOCCER 280 450 62.22%
64210 Soccer WAGES SOCCER -1,052 -
64213 Soccer SOCCER REFEREE - WAGES -1,700 -
64215 Soccer INDOOR - YOUTH DIRECTOR SOCCER ---
Total Soccer 3,397 10,362 32.78%
Adult Softball
64427 COED SOFTBALL 322 900 35.78%
64435 MEN'S SOFTBALL ---
64436 MEN'S SOFTBALL TOURN/DIRECTOR ---
64437 MEN'S SOFTBALL TOURNAMENT ---
64438 MEN'S SOFTBALL TOURN.-UMPIRES ---
Total Adult Softball 322 900 35.78%
Adult Volleyball
64601 CO-ED VOLLEYBALL - 910 -
64602 VOLLEYBALL ---
64613 CO-ED VOLLEYBALL - DIRECTOR ---
64614 WOMEN'S VOLLEYBALL - DIRECTOR ---
Total Adult Volleyball -910 -
Basketball
64803 ADULT BASKETBALL - 350 -
64804 JR JAZZ BASKETBALL 1,487 3,000 49.57%
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 35 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
23 23 Recreation Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 13 2/3/2017 05:33 PM
64805 JR. JAZZ REFEREE SERVICES 2,235 1,740 128.45%
64807 MS BASKETBALL REFEREES ---
64813 Basketball EMPLOYEE BENEFITS 226 200 113.00%
Total Basketball 3,948 5,290 74.63%
Youth Volleyball
64901 YOUTH VOLLEYBALL 738 1,230 60.00%
64902 MIDDLE SCHOOL VOLLEYBALL 787 1,470 53.54%
64903 MIDDLE SCHOOL VOLLEYBALL ---
64904 YOUTH SPRING VOLLEYBALL - WAGES -300 -
64905 YOUTH SPRING VOLLEYBALL (330)225 -146.67%
Total Youth Volleyball 1,195 3,225 37.05%
Youth Baseball/Softball
65111 Youth BB/SB WAGES- MAINTENANCE WORKERS 886 3,000 29.53%
65112 Youth BB/SB WAGES- UMPIRES & SCOREKEEPERS 455 5,800 7.84%
65113 Youth BB/SB EMPLOYEE BENEFITS -900 -
65123 Youth BB/SB BASEBALL STATE TOURN. EXPENSES -2,000 -
65125 Youth BB/SB EQUIPMENT-SUPPLIES & MAINT.-200 -
65126 Youth BB/SB BASEBALL FIELD MAINTENANCE -300 -
65158 MIDDLE SCHOOL TRVL BASEBALL ---
65173 FIELD MAINTENANCE EQUIPMENT ---
65174 YOUTH BASEBALL/SOFTBALL - 17,000 -
65177 UTAH GIRLS SOFTBALL ASSOC -225 -
65178 UTAH BOYS BASEBALL ASSOCIATION -250 -
65180 PICKLEBALL 25 600 4.17%
Total Youth Baseball/Softball 1,366 30,275 4.51%
Youth Football
65213 Youth Football BENEFITS 70 90 77.78%
65275 YOUTH FOOTBALL 5,294 5,310 99.70%
65280 FLAG FOOTBALL 1,350 1,350 100.00%
65281 FLAG FOOTBALL - ADULT ---
65285 MIDDLE SCHOOL FOOTBALL 527 533 98.87%
65286 YOUTH FOOTBALL REFEREES 690 690 100.00%
65295 MS FOOTBALL REFEREES 1,078 1,080 99.81%
Total Youth Football 9,009 9,053 99.51%
BMX
65410 BMX WAGES ---
65424 BMX MATERIALS & SUPPLIES ---
Total BMX ---
Special Projects
66046 SPECIAL PROJECTS/EQUIPMENT 15,947 19,000 83.93%
Total Special Projects 15,947 19,000 83.93%
Teen Center
70010 Teen Center SALARIES & WAGES - - -
70013 Teen Center EMPLOYEE BENEFITS ---
70015 Teen Center OVERTIME ---
70021 Teen Center SUBSCRIPTIONS & MEMBERSHIPS ---
70022 Teen Center PUBLIC NOTICES ---
70023 Teen Center TRAVEL ---
70024 Teen Center OFFICE EXPENSE & SUPPLIES ---
70025 Teen Center EQUIP/SUPPLIES & MAINTENANCE ---
70028 Teen Center TELEPHONE (24)--
70031 Teen Center PROFESSIONAL/TECHNICAL SERVICE ---
70033 Teen Center EDUCATION ---
70035 Teen Center SHIPPING/FREIGHT ---
70046 Teen Center SPECIAL DEPARTMENTAL SUPPLIES ---
70078 Teen Center SPECIAL PROJECTS ---
70079 Teen Center PROGRAMS ---
70080 DODGEBALL ---
Total Teen Center (24)--
Moab Arts & Recreation Center
80010 MARC SALARIES & WAGES 46,329 90,277 51.32%
80013 MARC EMPLOYEE BENEFITS 14,869 22,618 65.74%
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 36 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
23 23 Recreation Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 14 2/3/2017 05:33 PM
80014 MARC SALARIES & WAGES - INSTRUCTORS 2,540 4,000 63.50%
80015 MARC SALARIES & WAGES OT 1,272 680 187.06%
80016 MARC UNEMPLOYMENT 96 --
80021 MARC SUBSCRIPTIONS & MEMBERSHIPS (140)940 -14.89%
80022 MARC PUBLIC NOTICES 3,392 6,500 52.18%
80023 MARC TRAVEL 613 780 78.59%
80024 MARC OFFICE EXPENSE & SUPPLIES 1,460 3,800 38.42%
80025 MARC EQUIP/SUPPLIES & MAINTENANCE 2,204 2,000 110.20%
80026 MARC BLDG GROUNDS SUPPL & MAINT 1,500 --
80027 MARC UTILITIES 3,288 7,300 45.04%
80028 MARC TELEPHONE 1,206 1,698 71.02%
80031 MARC PROFESSIONAL/TECHNICAL SERVICE 30 1,000 3.00%
80033 MARC EDUCATION -600 -
80035 MARC SHIPPING/FREIGHT -500 -
80046 MARC SPECIAL DEPARTMENTAL SUPPLIES 3,876 5,800 66.83%
80074 MARC MACHINERY & EQUIPMENT 15 5,000 0.30%
80077 MARC SPECIAL EVENTS 20,583 14,300 143.94%
80077.1 MARC SPECIAL EVENTS - PLEIN AIR MOAB 16,578 38,800 42.73%
80078 MARC SPECIAL PROJECTS ---
Total Moab Arts & Recreation Center 119,711 206,593 57.95%
Communities That Care (CTC)
75010 SALARIES & WAGES ---
75013 EMPLOYEE BENEFITS ---
75023 TRAVEL ---
75025 EQUIP/SUPPLIES & MAINTENANCE ---
75031 PROFESSIONAL & TECHNICAL SERVICES ---
75033 EDUCATION ---
75035 OTHER ---
75046 SPECIAL DEPARTMENTAL SUPPLIES ---
75078 SPECIAL PROJECTS ---
Total Communities That Care (CTC)---
Prep
90010 PREP - SALARIES & WAGES ---
90013 PREP - EMPLOYEE BENEFITS ---
90022 PREP - PUBLIC NOTICES ---
90023 PREP - TRAVEL ---
90024 PREP - OFFICE EXPENSE & SUPPLIES ---
90028 PREP - TELEPHONE ---
90031 PREP - PROFESSIONAL/TECHNICAL SERVICE ---
90033 PREP - EDUCATION ---
90046 PREP - SPECIAL DEPARTMENTAL SUPPLIES ---
Total Prep ---
Total Parks, recreation, and public property 306,205 553,410 55.33%
Total Expenditures:306,205 553,410 55.33%
Total Change In Net Position 185,229 --
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 37 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
24 24 Community Development - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 15 2/3/2017 05:33 PM
Change In Net Position
Revenue:
Contributions and transfers
39209 COMMUNITY DEV. FUND/BEG. BAL.- (23,356)-
39210 CONTRIBUTION FROM GENERAL FUND - (26,000)-
39223 GRANTS ---
39224 CDGB - (277,000)-
39225 SAFE ROUTE TO SCHOOL GRANT ---
39226 UTAH POWER GRANT ---
39250 CDBG WILLOWS ---
39351 CDBG CINEMA COURT PROJECT ---
39352 CDBG 05-06 BALLPARK FENCE ---
39353 CDBG 06-07 BALLPARK LIGHTS ---
39354 CDBG 07 BALLPARK BLEACHERS ---
39355 CDBG 08 WATER LINE ---
39356 CDBG 09 VIRGINIAN APARTMENTS ---
39357 LIONS PARK TE GRANT ---
39358 NORTH CORRIDOR PATH TE GRANT ---
39359 NPS RTCA GRANT LIONS PARK ---
Total Contributions and transfers -(326,356)-
Total Revenue:-(326,356)-
Expenditures:
Transfers and contributions out
40090 INCREASE IN FUND BALANCE ---
Total Transfers and contributions out ---
Community Development
Community development
40002 TEA-21 UDOT N. CORRIDOR PATHS ---
40003 CDBG 09 VIRGINIAN APARTMENTS ---
40004 ROTARY PARK ---
40005 LIONS PARK TE 2011 (32,197)--
40006 NORTH CORRIDOR PATH ---
40007 LIONS PARK DESIGN ---
40008 LIONS PARK LAND & WATER CONSERV FUND GRANT ---
40009 LIONS PARK SCENIC BYWAYS GRANT 903 23,356 3.87%
40010 SAFE ROUTE TO SCHOOLS GRANT 536 26,000 2.06%
40018 CDBG WILLOWS ---
40019 CDBG PROJECT - 277,000 -
40020 CDBG 07 BALLPARK BLEACHERS ---
40021 CDBG 08 WATER LINE ---
40022 PUBLIC ART ---
40023 SIGNAGE ---
40049 CORNER PARK 300 S 400 E ---
40076 PAYMENT-IN-LIEU/100 W.-P. LOT ---
40078 SKATE PARK ---
40084 CDBG '05 MOONSTONE GALLERY ---
40086 CDBG 02 SUN COURT BBALL ---
40089 E. CENTER MEDIAN & PARKING ---
40095 Recreation Center/Playground Equipment ---
40096 CDBG 05-06 BALLPARK FENCE ---
40097 CDBG 06-07 BALLPARK LIGHTS ---
40098 BALLPARK LIGHTING & IMPRVMNTS ---
40099 200 EAST STREET IMPROVEMENT ---
Total Community development (30,758)326,356 -9.42%
Total Community Development (30,758)326,356 -9.42%
Total Expenditures:(30,758)326,356 -9.42%
Total Change In Net Position (30,758)--
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 38 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
28 28 Millcreek Project Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 16 2/3/2017 05:33 PM
Change In Net Position
Revenue:
Intergovernmental revenue
33579 FUTURE GRANTS ---
33581 UTAH TRAILS/MILCREEK DR PATH - STATE FUNDS ---
33582 UTAH TRAILS/MILLCREEK DR PATH - LOCAL FUNDS ---
33583 UTAH TRAILS 500 W. UNDERPASS ---
33584 UTAH TRAILS PIPE DREAM TRAIL ---
33585 FIRE/FUEL/REDUCT/REVEG ---
Total Intergovernmental revenue ---
Contributions and transfers
33210 CONTRIBUTION FROM GENERAL FUND - - -
39210 MILLCREEK PROJ. FUND/BEG. BAL.---
Total Contributions and transfers ---
Total Revenue:---
Expenditures:
Transfers and contributions out
40090 INCREASE IN FUND BALANCE ---
Total Transfers and contributions out ---
Millcreek Projects
Millcreek
40002 FIRE/FUEL/REDUCTION/REVEG ---
40003 MILLCREEK/MAIN STREET - WEIR ---
40004 UTAH TRAILS 500 W. UNDERPASS ---
40005 UTAH TRAILS PIPE DREAM ---
40010 SALARIES ---
40013 BENEFITS ---
40031 PROFESSIONAL/TECHNICAL ---
40035 OTHER ---
40041 ACQUISITIONS ---
40048 BMX TRACK ---
40050 BROWNING ROTARY MUSICAL PLAYGROUND GRANT ---
40051 BROWNING TRAILS GRANT ---
40074 SPECIAL PROJ. - GRANT MATCH ONLY ---
40076 TREE EDUCATION/ADVERTISING ---
40086 TREES/IRRIGATION ---
40088 UTAH TRAILS MILLCREEK DR PATH ---
40089 TRAILS ---
Total Millcreek ---
Total Millcreek Projects ---
Total Expenditures:---
Total Change In Net Position ---
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 39 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
41 41 Capital Projects Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 17 2/3/2017 05:33 PM
Change In Net Position
Revenue:
Intergovernmental revenue
36124 GRANTS AND DONATIONS ---
36125 DOG PARK DONATIONS ---
Total Intergovernmental revenue ---
Interest
36100 INTEREST INCOME (19,296) (7,000) 275.66%
Total Interest (19,296)(7,000)275.66%
Miscellaneous revenue
36160 CIB LOAN ---
36165 PROCEEDS FROM LONG TERM DEBT ---
36200 ANIMAL SHELTER DONATIONS (1,325)--
36201 TRANS ENHANCE GRANT ---
36210 CIB GRANT ---
36220 LEASE REVENUE CITY CENTER (37,654) (38,825) 96.98%
36224 UDOT AID PROJECT - (180,000)-
36225 MORTGAGE PRNCPAL OLD CITY HALL ---
36226 MORTGAGE INTEREST OLD CITY HL ---
36227 UTAH STATE ENERGY PROGRAM GRANT ---
36228 UTAH POWER GRANT - (60,000)-
36229 FEDERAL HIGHWAY GRANT ---
36230 LIBRARY CITY CENTER CONTR ---
36235 CIB LOAN AQUATIC CENTER ---
36236 CONTRIBUTION FROM REC DISTRICT - (190,000)-
36237 DEVELOPER FEES ---
36238 CLAIM SETTLEMENT PROCEEDS ---
36245 PROCEEDS FROM LT DEBT ---
Total Miscellaneous revenue (38,979)(468,825)8.31%
Contributions and transfers
39222 TRANSFER FROM GENERAL FUND - - -
39225 TRANSFER FROM RECREATION FUND ---
39561 CAPITAL PROJECTS FUND BEG. BAL - (1,785,334)-
39562 TRANSFER IN FROM MUNICIPAL BLDG SETASIDE ---
39563 TRANSFER IN FROM USU SET-ASIDE ---
Total Contributions and transfers -(1,785,334)-
Total Revenue:(58,275)(2,261,159)2.58%
Expenditures:
Public safety
Police
79150 POLICE EQUIPMENT - 129,224 -
Total Police -129,224 -
Animal Shelter
79140 ANIMAL SHELTER PROJECT - 90,000 -
79141 ANIMAL SHELTER EQUIPMENT ---
79142 ANIMAL SHELTER FF&E ---
Total Animal Shelter -90,000 -
Total Public safety -219,224 -
Facilities
Streets
44070 ROAD IMPROVEMENTS - 500,000 -
44071 MILLCREEK INTERSECTION 1,000 50,000 2.00%
44072 STREETS/SPECIAL PROJ./CONCRETE ---
44073 NORTH CORRIDOR FRONTAGE ROAD - 25,000 -
44074 POWERHOUSE LANE - 12,000 -
44075 SEALCOAT ---
44075.1 Sealcoat non-capital ---
44076 MAIN STREET IMPROVEMENTS ---
44077 500 WEST/KANE CREEK IMPROVE ---
44077.1 500 W non-capital ---
44078 TFER TO ROAD IMPROVE SETASIDE ---
44079 100 NORTH STREET IMPROVEMENTS ---
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 40 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
41 41 Capital Projects Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 18 2/3/2017 05:33 PM
44080 TRANSPORTATION MASTER PLAN 4,746 100,000 4.75%
44081 100 WEST DESIGN ---
44082 WILLIAMS WAY ROAD RECONSTRUCTION ---
44083 EQUIPMENT - 123,600 -
44084 BARTLETT STREET IMPROVEMENTS ---
44085 100 NO FROM MAIN TO 100 W IMPROVE ---
44086 400 EAST ROAD IMPROVEMENTS ---
44087 TRANSPORTATION STUDY - UDOT COST SHARE ---
Total Streets 5,746 810,600 0.71%
Storm Drainage
42577 STRMWTR DETENTION BASIN PROJ - - -
Total Storm Drainage ---
Total Facilities 5,746 810,600 0.71%
Parks, recreation, and public property
Recreation
45070 ADA IMPROVEMENTS ---
77051 CENTER STREET GYM MECHANICAL - 40,000 -
77056 BALLFIELD 5,900 30,000 19.67%
78025 TRAIL & BRIDGE IMPROVEMENTS 2,212 150,000 1.47%
78030 ART IN PUBLIC PLACES 1%4,659 22,685 20.54%
78043 SWANNY PARK RESTROOMS ---
78044 PARK IMPROVEMENTS - 40,000 -
78045 PLAYGROUND EQUIPMENT/BUILDING IMPROVEMENTS 30,000 30,000 100.00%
78046 EQUIPMENT - 54,150 -
Total Recreation 42,771 366,835 11.66%
Swimming Pool
47070 AQUATIC CENTER PROJECT - 40,000 -
47071 AQUATIC CENTER SET ASIDE - 47,000 -
47072 AQUATIC CENTER EQUIPMENT REPLACEMENT - 20,000 -
47098 CONTRIBUTION TO CIB ESCROW ---
Total Swimming Pool -107,000 -
Special Projects
79044 PERFORMANCE GURANTEE DEFAULT IMPROVEMENTS - - -
Total Special Projects ---
Moab Arts & Recreation Center
46070 ROOF PROJECT ---
46071 SOLAR PROJECT ---
46072 MARC BUILDING IMPROVEMENTS - 270,000 -
Total Moab Arts & Recreation Center -270,000 -
Total Parks, recreation, and public property 42,771 743,835 5.75%
Community Services
Community Contributions
79045 USU SETASIDE ---
79046 Contribution to CHCSSD ---
79047 USU BUILDING PROJECT ---
Total Community Contributions ---
Total Community Services ---
Transfers and contributions out
40090 INCREASE IN FUND BALANCE - - -
81001 TRANSFER TO GENERAL FUND ---
Total Transfers and contributions out ---
Municipal Building Authority
Municipal Building
77031 MUNI BLDG PROJECT 10,716 85,000 12.61%
77042 PUBLIC BLDG BOND RESERVE ---
77045 MUNICIPAL BLDG FF&E ---
77046.1 MUNICIPAL BLDG BOND PMT 79,000 79,000 100.00%
77046.2 MUNI BLDG BOND INTEREST 32,500 32,500 100.00%
77047.1 2009 AQUATIC BOND PMT 191,000 191,000 100.00%
77050 TENANT IMPROVEMENTS ---
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 41 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
41 41 Capital Projects Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 19 2/3/2017 05:33 PM
77055 CITY HALL SOLAR PHOTO VOLTAIC 5,617 100,000 5.62%
Total Municipal Building 318,833 487,500 65.40%
Total Municipal Building Authority 318,833 487,500 65.40%
Total Expenditures:367,350 2,261,159 16.25%
Total Change In Net Position 309,075 --
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 42 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
51 51 Water & Sewer Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 20 2/3/2017 05:33 PM
Change In Net Position
Expenditures:
Miscellaneous
60084 Sewer IMPACT FEE WAIVERS ---
Total Miscellaneous ---
Total Expenditures:---
Total Change In Net Position ---
Income or Expense
Income From Operations:
Operating income
Water Operating Income
36300 WATER PENALTIES (4,497) (4,500) 99.93%
36500 SALE OF MATERIALS & SUPPLIES - (1,500)-
36900 Water SUNDRY REVENUES (7,120) (20,000) 35.60%
37100 WATER SALES (353,567) (550,000) 64.28%
37120 TAX ON SHOP WATER SALES 265 --
37260 WATER CONNECTION (33,371) (15,000) 222.47%
37325 Water SPECIAL SERVICES BY CITY DEPATMENTS -(12,000)-
38600 ALLOWANCE ON DOUBTFUL ACCOUNTS (271)--
Total Water Operating Income (398,561)(603,000)66.10%
Sewer Operating Income
56900 Sewer SUNDRY REVENUE (59,768) - -
57300 SEWER SERVICES CHARGES (568,529) (855,360) 66.47%
57325 Sewer SPECIAL SERVICES BY CITY DEPTS (474) (1,500) 31.60%
57350 Sewer SPANISH VALLEY SEWER (176,246) (192,500) 91.56%
57440 SEWER CONNECTION (13,235) (8,000) 165.44%
Total Sewer Operating Income (818,252)(1,057,360)77.39%
Total Operating income (1,216,813)(1,660,360)73.29%
Operating expense
Water Operating expense
50009 Water GENERAL FUND O/H - 177,073 -
50010 Water SALARIES & WAGES 84,824 128,084 66.23%
50011 Water SALARY DIFFERENTIAL (SURVEY)- 23,907 -
50013 Water EMPLOYEE BENEFITS 65,086 101,031 64.42%
50015 Water OVERTIME 8,100 18,000 45.00%
50021 Water SUBSCRIPTIONS & MEMBERSHIPS 2,038 5,040 40.44%
50023 Water TRAVEL 1,676 4,650 36.04%
50024 Water OFFICE EXPENSE & SUPPLIES ---
50025 Water EQUIPMENT-SUPPL. & MAINTENANCE 2,807 20,500 13.69%
50026 Water BUILDING SUPPL. & MAINTENANCE 680 12,000 5.67%
50027 Water UTILITIES 28,507 48,500 58.78%
50028 Water TELEPHONE 678 3,100 21.87%
50029.1 Water RENT OF PROPERTY & EQUIPMENT 2,107 4,100 51.39%
50029.2 Water capital lease expense - 12,000 -
50030 Water MONTHLY FUEL - GASCARD 6,994 17,325 40.37%
50031 Water PROFESSIONAL & TECH. SERVICES 8,101 20,927 38.71%
50033 Water WATER/EDUCATION 2,540 5,800 43.79%
50035 Water OTHER 195 1,500 13.00%
50046 Water SPECIAL DEPARTMENTAL SUPPLIES 35,268 59,700 59.08%
50051 Water INSURANCE 1,560 1,600 97.50%
50069 Water DEPRECIATION - 185,000 -
Total Water Operating expense 251,161 849,837 29.55%
Sewer Operating expense
WWTP
60009 Sewer GENERAL FUND O/H - 192,073 -
60010 Sewer WWTP SALARIES & WAGES 77,109 138,579 55.64%
60013 Sewer WWTP EMPLOYEE BENEFITS 44,775 104,702 42.76%
60015 Sewer WWTP OVERTIME 3,506 8,000 43.83%
60021 Sewer WWTP SUBSCRIPTIONS & MEMBERSHIPS 743 3,100 23.97%
60023 Sewer WWTP TRAVEL 539 2,500 21.56%
60024 Sewer WWTP OFFICE EXPENSE & SUPPLIES 430 2,000 21.50%
60025 Sewer WWTP EQUIPMENT SUPPL. & MAINTENANCE 3,721 20,500 18.15%
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 43 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
51 51 Water & Sewer Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 21 2/3/2017 05:33 PM
60026 Sewer WWTP BUILDING SUPPL. & MAINTENANCE 213 5,000 4.26%
60027 Sewer WWTP UTILITIES 56,094 55,000 101.99%
60028 Sewer WWTP TELEPHONE 893 2,700 33.07%
60029 Sewer WWTP RENT OF PROPERTY & EQUIPMENT 4,016 2,500 160.64%
60030 Sewer WWTP MONTHLY FUEL - GAS CARD 3,151 9,927 31.74%
60031 Sewer WWTP PROFESSIONAL & TECH. SERVICES 51,022 30,000 170.07%
60033 Sewer WWTP EDUCATION ---
60035 Sewer WWTP SHIPPING\FREIGHT 3,357 6,500 51.65%
60046 Sewer WWTP SPECIAL DEPARTMENTAL SUPPLIES 20,932 --
60069 Sewer DEPRECIATION - 150,000 -
Total WWTP 270,501 733,081 36.90%
Sewer Collection System
60029.1 Sewer COLLECTIONS Captial Lease Expense - 21,600 -
61010 Sewer COLLECTION SALARIES & WAGES 48,035 139,798 34.36%
61013 Sewer COLLECTION EMPLOYEE BENEFITS 24,699 95,910 25.75%
61015 Sewer COLLECTION OVERTIME 1,267 6,000 21.12%
61021 Sewer COLLECTION SUBSCRIP & MEMBER -1,560 -
61023 Sewer COLLECTION TRAVEL 1,940 2,700 71.85%
61024 Sewer COLLECTION OFFICE EXP & SUPPLIES 48 1,500 3.20%
61025 Sewer COLLECTION EQUIP SUPPLIES & MAINT 14,043 30,000 46.81%
61026 Sewer COLLECTION BLDG/GRDS SUPPLIES & MAINT 1,844 2,000 92.20%
61027 Sewer COLLECTION UTILITIES -3,000 -
61028 Sewer COLLECTION TELEPHONE 349 3,100 11.26%
61029 Sewer COLLECTION RENTALS 23 5,000 0.46%
61030 Sewer COLLECTION MONTLY FUEL 1,837 8,000 22.96%
61031 Sewer COLLECTION PROFESSIONAL & TECH 18,106 33,500 54.05%
61033 Sewer COLLECTION EDUCATION 3,967 6,350 62.47%
61035 Sewer COLLECTION FREIGHT 127 1,500 8.47%
61046 Sewer COLLECTION SPEC DEPT SUPPLIES 15,252 39,500 38.61%
Total Sewer Collection System 131,537 401,018 32.80%
Total Sewer Operating expense 402,038 1,134,099 35.45%
Total Operating expense 653,199 1,983,936 32.92%
Total Income From Operations:(563,614)323,576 -174.18%
Non-Operating Items:
Water Non-operating income
36100 INTEREST INCOME (3,599) (7,000) 51.41%
36110 WATER IMPACT FEE INTEREST INCOME (5,650) (9,000) 62.78%
36111 WATER IMPACT FEES (97,214) (20,000) 486.07%
36112 WATER IMPACT FEE BEG F.B.- (224,682)-
36200 WATER TANK FINANCING - (1,000,000)-
39535 W/S - BEG. FUND BALANCE - (1,965,949)-
5630 Gain (loss) on asset retirement ---
5651 Water CONTRIBUTIONS OF ASSETS ---
60091 Benefit expense-change in NPL/NPA (GASB 68)---
Total Water Non-operating income (106,463)(3,226,631)3.30%
Sewer Non-operating income
56100 Sewer INTEREST INCOME - (5,000) -
56110 SEWER IMPACT FEE INTEREST (8,130) (4,000) 203.25%
56111 SEWER IMPACT FEES (469,404) (50,000) 938.81%
56112 SEWER IMPACT FEE BEG F.B.- (684,000)-
56113 SEWER IMPACT FEE FINANCE INTEREST (6,563) (13,400) 48.98%
56200 SEWER WWTP FINANCING - (3,716,000)-
56250 WWTP AGENCY ILA CONTRIBUTION (800,000)--
56860 Sewer Contribution from capital projects ---
Total Sewer Non-operating income (1,284,097)(4,472,400)28.71%
Water Non-operating expense
50082 Water INTEREST ON BONDS/DEBT SERVICE - - -
50084 Water TRANSFER TO CAPITAL FACILITIES ---
60092 Pension expense (GASB 68)---
Total Water Non-operating expense ---
Sewer Non-operating expense
60082 Sewer INTEREST ON SEWER BONDS - - -
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 44 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
51 51 Water & Sewer Fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 22 2/3/2017 05:33 PM
60085 IMPACT FEE WAIVERS ---
Total Sewer Non-operating expense ---
Total Non-Operating Items:(1,390,560)(7,699,031)18.06%
Total Income or Expense (1,954,174)(7,375,455)26.50%
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 45 of 355
MOAB CITY CORPORATION
2/3/2017Capital Budget
51 - 51 Water & Sewer Fund as of 02/28/2017
Description 2017 Budget 2017 Actual
Page 1
Projects:
Impact Project/Sewer - Impact Fee Study 6,834 0
Impact Project/Sewer - South Trunk Line Master Plan 300,000 1,526
Impact Project/Sewer - WWTP Upgrade 3,900,000 7,330
Impact Project/Sewer Sanitary Sewer Master Plan 70,000 0
Impact Project/Water - Tank Assessment & System Constructi 1,700,000 269
Impact Project/Water Storage & Dist Master Plan 70,000 0
Sewer Building Project 100,000 1,509
Sewer Lift Pump 8,000 0
Sewer Line Replacements 852,621 521,328
Sewer SCADA Upgrades 40,000 0
Sewer WWTP Effluent Pipe Replacement 75,000 0
Water Lines - Pressure Reducing Valves 182,000 0
Water Tank Maintenance 40,000 0
Total Projects: 7,344,455 531,961
Direct Purchase:
1611 - Land 0 0
1615 - Water shares 0 0
1631 - Water wells 0 0
1641 - Water tanks 0 0
1642 - Water lines 0 0
1643 - Meters 12,000 14,697
1644 - Fire Hydrants 42,000 7,733
1651 - Sewage treatment facilities 0 0
1652 - Sewer lines 0 0
1653 - Manhole Replacement Project 15,000 0
1661.1 - Equipment - general 0 0
1661.2 - Equipment - water 60,000 19,950
1661.3 - Equipment - sewer 237,000 9,987
1665 - Office furniture and equipment 0 0
1671 - Autos and trucks 0 0
Total Direct Purchase: 366,000 52,367
Total Capital Requirement: 7,710,455 584,328
Long Term Debt Repayment:
Total Long Term Debt Repayment: 0 0
Total Capital and Long Term Debt Requirement: 7,710,455 584,328
Resources to be Provided:
Net Income 7,375,455 1,964,302
Add Depreciation 335,000 0
Provided/Required from Operation: 7,710,455 1,964,302
Project Borrowing 0 0
Total Resources to be Provided: 7,710,455 1,964,302
Resource Remaining or to be Provided: 0 1,379,974
Beginning Capital Asset Resources: 0 0
Ending Capital Asset Resources: 0 1,379,974
Page 46 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
53 53 Storm Water Utility fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 23 2/3/2017 05:33 PM
Income or Expense
Income From Operations:
Operating income
Water Operating Income
36450 STORM WATER DRAINAGE FEE (82,886) (142,000) 58.37%
36460 NON-POINT SOURCE FINANCIAL ASSISTANCE ---
Total Water Operating Income (82,886)(142,000)58.37%
Total Operating income (82,886)(142,000)58.37%
Operating expense
Water Operating expense
40009 Storm wtr GENERAL FUND O/H -4,000 -
40010 Storm wtr SALARIES & WAGES - 28,387 -
40013 Storm wtr EMPLOYEE BENEFITS - 31,708 -
40031 Storm wtr PROFESSIONAL & TECH. SERVICES ---
40046 Storm wtr SPECIAL DEPARTMENTAL SUPPLIES ---
40069 Storm wtr DEPRECIATION ---
40075 Storm wtr SPECIAL PROJECTS ---
Total Water Operating expense -64,095 -
Total Operating expense -64,095 -
Total Income From Operations:(82,886)(77,905)106.39%
Non-Operating Items:
Water Non-operating income
3340 STATE GRANT ---
36110 INTEREST INCOME ---
36112 TFER FROM BEG F.B.- (1,173,954)-
36210 TRANSFER FROM GENERAL FUND ---
Total Water Non-operating income -(1,173,954)-
Water Non-operating expense
40090 Storm wtr TRANSFER TO SURPLUS FUND BAL. - - -
Total Water Non-operating expense ---
Total Non-Operating Items:-(1,173,954)-
Total Income or Expense (82,886)(1,251,859)6.62%
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 47 of 355
MOAB CITY CORPORATION
2/3/2017Capital Budget
53 - 53 Storm Water Utility fund as of 02/28/2017
Description 2017 Budget 2017 Actual
Page 1
Projects:
100 SOUTH STORM WATER IMPROVEMENTS 309,700 867
MINOR STORM WATER PROJECTS 100,000 0
RIPARIAN HABITAT STUDY 60,000 0
STEWART CANYON SETASIDE 730,300 0
STORM WATER MASTER PLAN 51,859 999
Total Projects: 1,251,859 1,867
Direct Purchase:
Total Direct Purchase: 0 0
Total Capital Requirement: 1,251,859 1,867
Long Term Debt Repayment:
Total Long Term Debt Repayment: 0 0
Total Capital and Long Term Debt Requirement: 1,251,859 1,867
Resources to be Provided:
Net Income 1,251,859 82,886
Add Depreciation 0 0
Provided/Required from Operation: 1,251,859 82,886
Project Borrowing 0 0
Total Resources to be Provided: 1,251,859 82,886
Resource Remaining or to be Provided: 0 81,019
Beginning Capital Asset Resources: 0 0
Ending Capital Asset Resources: 0 81,019
Page 48 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
73 73 Youth City Council fund - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 24 2/3/2017 05:33 PM
Change In Net Position
Revenue:
Interest
36100 INTEREST INCOME (15)--
Total Interest (15)--
Contributions and transfers
39200 CONTRIBUTIONS FROM STUDENTS - - -
39201 FUND TRANSFERS FROM MOAB CITY ---
39210 FUND DONATIONS / CASTLE VALLEY ---
39220 FUND RAISING PROJECTS ---
39230 DONATIONS ---
39550 TRANSFER FROM BEG FUND BALANCE ---
Total Contributions and transfers ---
Total Revenue:(15)--
Expenditures:
General government
Administrative
40023 TRAVEL ---
40024 OFFICE EXPENSES & SUPPLIES ---
40033 EDUCATION ---
40035 OTHER ---
40046 FUND RAISING SUPPLIES ---
40073 SPECIAL PROJECTS ---
Total Administrative ---
Total General government ---
Transfers and contributions out
40090 TRANSFER TO EQUITY RESERVE - - -
Total Transfers and contributions out ---
Total Expenditures:---
Total Change In Net Position (15)--
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 49 of 355
MOAB CITY CORPORATION
Mid-Year Budget Opening
91 91 General Fixed Assets - 07/01/2016 to 02/03/2017
66.67% of the fiscal year has expired
INTENDED FOR MANAGEMENT USE ONLY Page 25 2/3/2017 05:33 PM
Change In Net Position
Expenditures:
Miscellaneous
4100 Depn expense general government ---
4101 Admin GASB 68 ---
4300 Depn expense public safety ---
4301 Public Safety GASB 68 ---
4400 Depn expense streets & highways ---
4401 Streets GASB 68 ---
4500 Depn expense parks & recreation ---
4501 Parks GASB 68 ---
Total Miscellaneous ---
Total Expenditures:---
Total Change In Net Position ---
2017
YTD
Actual
2017
Approved
Budget
Percent
Used
Page 50 of 355
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
February 14, 2017
Agenda Item
#: 6‐1
Title: Approval of Special Event Licenses for Moab Century Tour to be held on
September 23, 2017
Fiscal Impact: Law enforcement services are needed to support this event.
Staff Presenter(s): Amy Weiser, Community Services Director
Department: Community Services
Applicant: Skinny Tire Events, LLC / Beth Logan
Background/Summary:
The City Special Events Review Committee reviewed the Special Event
application for the Moab Century Tour. We have conferred with the coordinator
for the event and are of the opinion that all issues with the event have been
adequately addressed. The event organizers are coordinating with City and
County Public Safety Departments to address all logistical issues. This is an
annual event that bring many visitors to our community and has operated
successfully in the past.
The Special Events Committee recommends approval of the Special Business
Event License Application for the 2017 Moab Century Tour.
Staff Recommendation: Staff recommends approval of the application for the
2017 Moab Century Tour.
Recommended Motion:
“I move to approve the 2017 Moab Century Tour special event application.”
Attachment(s):
Special Business Event License Application
Page 51 of 355
Page 52 of 355DATE PAID: AMOUNT PAID: RECEIPT NO.: NAME OF EVENT: /-cl]-17 d.. Q O cf') /7537S-DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: CITY OF MOAB 8PECIAL Bus1NE88 EvEtn LlcENsE APPUOAllON 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): a TRANSIENT ($90): OR li,( CURRENT CllY OR r' COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE#: $200.00 i2 00. 00 ZONE:----TEMPoRARYSTRucruREsrnBEusED(1FANY): Po P UP POA.-1ABL~ 1/;!;nTS AT At{) . '>T,C)i T!6 J.J.5 DATE(S)ANDTIME(s)oFEVENT: • 5A1llf2-0AT ~e;-p1emeee i-,3, ,.}OJ 7, 1Am,/ 6".{)m ANTICIPATED# OF EVENT PARTICIPANTS: "100 .-NUMBER OF VENDORS PA~IPATING: TO 1 TYPES OF VENDORS PARTICIPATING IN EVENT: ExPLAlN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): A[)r(JIS.5/0N (f'Bl:'.5 o/tJLY EVENTSP0NSOR0SNAME S~l{)fl(J Tl RI!: ef/eft15; LL(/ sPoNsoR's ADDRESS: Po ____fi}z!!_ !l]i: crrv: /Mo A B TYPE OF ORGANIZATION; C] PROPRIETORSHIP O PARTNERSHIP O CORPORATION 9(0rHER (SPECIFY): STATE: PHONE: 2_6(} cf' <f J 9 tc1 ZIP: Ftt-s32-LL-0 EVENT SPONSOR0S SALES TAX ID#: IV IB NAME REGISTERED WITH THE STATE FOR TAX ID: ' --------------CONTACT EMAIL ADDRESS: '/3e_7f/ ~ 5 k;.t '!Jl!jJi e£'tzVe-rJf .;:> • CIJ'm THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CtTY 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 ISSU~fE OF A LICENSE Will BE DEI.J>:.YED. I WJE cSdT7+ L-D6fol' PL.EASE PRINT NAME(S) HEREBY AGREE TO CONDUCT SAID BUSINESS STRICT1. Y IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CoDE, ORDINANCES AND RESOltmONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON•TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT PONSOR). IMIE A !'(EE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. / VJ ~ -~J I /) tL 2--0 tJ r te State of Utah ) } ss County of Grand } .:/7-. u... I SUBCRIBED AND SWORN to before me this( day of........fa. ll "''i l"w/ ' 2_()1 1--. I ~~~L NOARYPUBUC ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. SEE BACK OF FORM FOR ADDmoNAL REQUIREMENT! Rev. 3130/2016
Page 53 of 355ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: Jee-->-4 T7A rltt:!P LICENSE APPROVALS CITY STAFF 0APPROVED 0 DISAPPROVED REASON(s): ______________________________ _ LICENSE Exf'IRATION DATE: ______ _ SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED O No O YES AGENDA DATE: ------OAPPROVED 0 DISAPPROVED REASON(s): ______________________________ _ EVENT COST RECOVERY SURCHARGE:------SPECIAL CONDITIONS: ___________________________ _ Rev. 3130/2016
Page 54 of 355Dear Special Events Committee, You may request additional information which I've attached. Thank you, Beth Logan, Coordinator, Moab Century Tour 260. 8889, beth@skinnytireevents.com City of Moab Application for Special Business Event License Moab Century Tour, September 23, 2017 -Road Cycling Event Please see attached: • Site Map and Route Map -with porta potties, Water/Food, emergency contacts, etc. • Safety/Emergency Plan • Traffic Control Plan/Law Enforcement Assistance Request • Vendor List -no vendors • Alcohol -We kindly request local consent to serve beer at our event. If granted we will continue process to obtain permit from Utah ABC. We are not selling beer, event is not open to the public, and we are not in a City Park or on public property. • Other Permits -We are in process to gain permits from everyone else: o Grand County o Dead Horse Point State Park o BLM -granted o Forest Service o UDOT Applicant: Skinny Tire Events, LLC PO Box 934, Moab, Utah 84532 Mark L. Griffith, Owner 435.260.2334 Beth Logan, Coordinator 435.260.8889
Page 55 of 355Moab Century Tour 2017 -SITE MAP Cyclists begin and finish recreational tour each day from Archway Inn Hotel. This is a Site Map of what we do on the private property owned by Archway Inn Hotel. Please see Route Map for area roads cyclists travel upon. North [:';on road dosure, 10 ml, \ Highway 191 Entrance/Exit _____________________ _ -~----<Overflow Parking Lot Frontage Road Start/Finish Sat, Sun, Mon, Tuesday I el Lobby , _____ Archway IM Hot Cyclists Check In, Receive Wristbands, Receive Rider Packet , etc. I I Hotel Courtyard -Location of Festival Celebration Saturday, September 23 2-5pm Only Guest Speakers, Music, Food COMMUNICATIONS Angee Baune 303-359-8088 ACOEW1 Ham Radio Mark Griffith-260-2334 Beth Logan-260-8889
Page 56 of 355:··· ; •. ' \ . -. -. • -. ·~ .. .. . ; . AID; e\ .... .•. ....... •, ·, • .. .. .. ....... DEAD HORSE; POIITT STATE ! PARK f ; ; ; DEAOHORSE AID 0:-201NT &Tumaround ... ,_. [~ µA~ ~lwll'~ ')~O ~33Lf BW Lo6-Ar-l 'ZhD t'J~toq (£11> s '£'"" o\1-1 s\ ~ 'Fb-P u,j) ,ei ~~ 0000 t)) ~""'( ~ {) 't'" ) 6 tD\lJ~.:15 N Colorado River 65 mlle Metric Century over La Sal Loop 100 mile Moab Canyon Century 40 mile Rolllng Down the River Cruise Highway T11e Blue Comet -
Page 57 of 355Please see: Area Route Map for location of AIi) Stations Each AID station has: Communications Volunteer (HAM Radio Operator) who can locate or communicate throughout all of route at event Toilet Table. chairs Pop Up tent Volunteers serving water and food AID stations typically look like this:
Page 58 of 355Traffic Control Plan -Moab Century Tour 2017 Safety/Emergency Plan (page 2) Date of Event: September 23, 2017 Number of cyclists expected: 600 Contact: Ride Director: Mark Griffith 435-260-2334 cell Beth Logan 435-260-8889 cell Assistant: Emergency Responders: All AID stations and SAG Vehicles on route have HAM radio Event Communications Volunteer, equipped to communicate with NET Control located at Archway Inn Hotel. Event Communications Volunteers, AID, and SAG volunteers are instructed to evaluate concern, and if life threatening, call 911. Mobile/enroute: Mark Griffith 435-260-2334 Base/Moab: Beth Logan 435-260-8889 Net Control person: Angee Baune 303-359-8088 Event Base Hotel: Aarchway Inn Communications HAM Net Control: Angee Baune 303-359-8088; ac0ew1 (HAM) Based at Aarchway Inn and able to contact all tour vehicles and Aid stops. All Tour vehicles/Aid stops equipped with HAM radio and operator. Saturday September 23 Route open 7AM-5PM Routes (cyclists have choice of routes eventually reaching Hwy 279 or Hwy 313) Hwy 191-Moab Canyon Bike Path-Hwy 313-Dead Horse Point State Park La Sal Mountain Loop from Moab-Spanish Valley-La Sal Loop Road-Castle Valley-Hwy 128 Hwy 191-Hwy 279 Mass start at 7:00AM from Aarchway Inn, 1551 N. Hwy 191, Moab Note: Traffic control needs: Local law enforcement temporarily (8-10 minutes) stops traffic to allow cyclists traveling on Aarchway Inn frontage road to enter Hwy 191 northbound continuing over the vehicle bridge and connecting onto the Moab Canyon Trail directly on the north side of bridge. Cyclists return using bike paths under the Colorado Bridge. Event participants have been made aware of safety issues such as obeying all traffic laws, riding single file, single file "zero tolerance" areas, being courteous and aware of local vehicle traffic. This information has and will be distributed to participants through event road signs, printed information, online safety videos, and an event newsletter emailed to all participants.
Page 59 of 355Safety/Emergency Plan EVENT COMMUNICATIONS TEAM is located throughout route at AID stations, SAG Vehicles, and at START/FINISH area at Archway Inn Hotel. The seasoned team consists of 40 volunteers with HAM radio licenses and years of experience managing and volunteering for event communications in Moab, Utah and various organizations in Colorado. Protocol in case of cyclist emergency: Evaluate need. If life threatening: Call 911. Communicate to Net Control for detennination of next steps. If not life threatening: Communicate to Net Control for detennination of next steps. All AID and SAG drivers carry emergency vests, lights, First Aid. Protocol in case of emergency affecting overall safety of cyclists (i.e natural disaster, drunk driver, etc): Net Control evaluates need, communicates to all including Grand County Sheriff Dispatch. Event organizers can access cyclists cell phones which are often carried on route. All AID and SAG drivers carry emergency vests, lights, First Aid. Moab Regional Hospital is location where injured cyclists would be taken. They have been pre-notified of the event. CONTACTS: Mobile/enroute: Base/Moab: Net Control Mark Griffith 435-260-2334 Beth Logan 435-260-8889 Angee Baune 303-359-8088 ac0ew1 .
Page 60 of 355(-l66 s~uJ...€ THE MOAB CENTURY TOUR REGISTRATION FORM Name:-------------------------------Address: ------------------------------City/state/zip:---------------------------Email: -------------------------------Phone:--------------Emergency Contact: How far do you plan to ride? Just the Moab Canyon ( 60 miles): Moab Canyon Century (100 miles): Phone: ---------Rolling Down the River (40 miles): If recruited by another rider, please list name: ( okay to change routes prior to start time) REGISTRATION FEE PER RIDER Before August 31 August 31 and after Recruited 3 Riders Event 'Ishirt $20 Event Jersey $65 TOTAL: $ ___ _ $85 $95 $0 $ ___ _ $ __ _ $ __ _ If ordering a Tshirt or jersey, indicate size: '!shirt (Women's XS, S, M, L, XL) (Men's S, M, L, XL, 2X) Jersey (Women's XS, S, M, L, XL, 2X) (Men's S, M, L, XL, 2X, 3X, 4X) METHOD OF PAYMENT: _Check (payable to Skinny Tire Events, P.O. Box 934, Moab, UT 84532) _Credit Card ( circle one) Visa Mastercard Name (as appears on card) ________________________ _ Account# ___ _ Exp. Date ____ _ Address statement mailed to if different than above: City/State/Zip ________________________ _ Signature. _____________________ Date. _____ _ FAX Registration (credit card only) 435-259-6378 Contact: 435-260-8889info@skinnytireevents.com,www.skinnytireevents.com VERY IMPORTANT! (helps us do a better job-Thanks!) Where did you first hear about this tour? _________________ _
Page 61 of 355SINGLE 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 C \ 1 deal busin?stse ai~tyo (0/2;> , [\XJ City [ ] Town [ ] County hereby grants its consent to the issuance of a temporary single event permit license to: Applicant Entity/Organization: :Stcr.~1/l:C t':YBm"~ l Uc, t/l.O_Ag Event Name: GE:if\ ~ \l)l,,\ (L., '"I 'e)J] / A ~vH W'~ ) h I\. 8 SY~ Event location address: )$0( l'J · ·r,, vef2-\J1 rv1 o ~ •. ~Jj U,--:> street I city ' state zip On the ~3 day(s) of u C-"'( ' LDtl dil.tes -month year during the hours of , pursuant to the provision of Utah Code 32B-9. de(ined hours from -10 We recommend this entity as conducting a civic or community enterprise* [ ] Yes [ ] No [ ] Not providing a recommendation *As Part of local consent required by 32B-9-201(1)(c), the locality may provide a recommendation as to whether the entity Is conducting a civic or community enterprise. A civic or community enterprise means a function that is in the nature of a temporary special event such as a social, business, religious, political, governmental, educational, recreational, cultural, charitable, athletic, theatrical, scholastic, artistic, or scientific event. A "civic or community enterprisen generally is a gathering that brings members of a community together for the common good. Single event permits may not be issued to or obtained by an entity or organization for the purpose of avoiding or attempting to avoid the requiremeht of state retail alcohol licensing. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or cowity form is acceptable. AS OF SEPTEMBER 1, 2015, LOCAL CONSENT MUST BE SUBMITTED TO THE DABC BY THE APPLICANT.
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
February 14, 2017
Agenda Item
#: 6‐2
Title: Approval of Permits for the Moab Rotary Car Show, April 28‐30, 2017
Fiscal Impact: Law enforcement and other city services are needed to support this
event. The special event and park permit fees provide revenue to the city, as does the
sales tax generated by the purchase of goods and services by the participants of the
event.
Staff Presenter(s): Amy Weiser, Community Services Director
Department: Community Services
Applicant: Rotary Club of Moab / Dave Bierschied
Background/Summary:
The Special Events Review Committee reviewed the applications for the Use of City
Parks and Special Event Business License for the April Action Car Show. The Rotary
Club of Moab ensures each year that all issues with the event and use of the park are
adequately addressed. The annual car show brings many visitors to the community and
provides an attraction that both locals and visitors enjoy.
The Rotary Club has successfully handled this event for years and continues to work
closely with the city on all issues related to the Special Event Permit and the Application
for the Special Sue of City Parks. Traffic control, street closures, parking of vehicles,
vendor location, hours and days of use, etc. have been addressed. Please note that the
Park Use Application includes hours of use on three separate days.
The Special Events Committee recommends approval of the Application for the Special
Use of City Parks and the Special Business Event License Application for the April
Action Car Show to be held April 28 through April 30, 2017.
Staff Recommendation: Staff recommend approval of all items with the following
conditions (new recommendations in italics):
1.Food vendors will be placed in the parking stalls on the southwest side of the
park off of the grass and not blocking the roadway.
2.Park Use fees shall be paid in full two weeks prior to the event.
3.The event organizer shall provide for recycling containers at each trash can
areas, and shall provide for the pick‐up for both trash and recycling.
Page 62 of 355
4. The Rotary Club of Moab shall meet with City Public Works, Parks and Police
Departments two weeks prior to the event for final event coordination.
Recommended Motion:
“I move to approve all required Special Event permit applications for the 2017 Moab
Rotary Car Show subject to the conditions outlined in the Agenda Summary.”
Attachment(s):
Special Business Event License Application
Application for the Special Use of City Parks
Page 63 of 355
Page 64 of 355DATE PAID: , ., ?Jo-11: ~".D.O AMOUNT PAID: ~U _ RECEIPTNO.: 1W41q NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: CITY OF MOAB SPECIAL BUSINESS 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 FEE: $200.00 LUS (CHECK ONE): l"iA ~ ANSIENT ($90): _'-7--=•U-=-c---OR • C] CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: I Zt5b --LICENSE#: ZONE: TEMPORIIRY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED# OF EVENT PARTICIPANTS: Av~\ 30 ~~ ... ~pl""~JJ6f c..Jo..,-~,'l~s4+ &--\\4 .... NUMBER OF VENDORS PARTICIPATING: I la 5UtJl>I \Je.iOoc • \OD \/c.pt>t,.,\.~ ·~ \O~ C..OM~"~ EVENT SPONSOR'S NAME: SPONSOR'S ADDRESS: \.. bo)( 2.i!..7 TYPE OF ORGANIZATION: [j PROPRIETORSHIP O PARTNERSHIP O CORPORATION ~OTHER (SPECIFY): EVENT SPONSOR'S SALES TAX ID #: NAME REGISTERED WITH THE STATE FORT AX ID: CONTACT EMAIL ADDRESS: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER 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. IMJE~"<-~,\~r&.. .. ~ HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY Pi.EASE PRINT NAME(S) BUSINESS 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. IMJE UNDERSTAND THIS LICENSE IS NON-TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT ( R). INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. /-30 -() Date State of Utah ) ) ss County of Grand ) p;) ..If-/ SUBCRIBED AND SWORN to before me this 1_2U day of ...,, At1UCl('l, 0 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. • CARMELLA GALLEY Notary Puollc Stat,ofUtah Comm.No.818544 ,_COIIIII.-.. Dec n. 2011 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Rev. 3 3() 2016
Page 65 of 355ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF CJ APPROVED CJ DISAPPROVED REASON(S):. _______________________________ _ LICENSE EXPIRATION DATE:-------SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED LI No 1:J YES AGENDA DATE:------CJ APPROVED CJ DISAPPROVED REASON(S): _______________________________ _ EVENT COST RECOVERY SURCHARGE:------SPECIAL CONDITIONS: ____________________________ _ Rev. 3/30/2016
Page 66 of 355City 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 A~plieant Information Name of Person Responsible for Use of Park,~ Lr ~] Name of Organization and Event if applicable: J S ~ Address: 5bo,< :z...:z .. .:L. Day Phone: 1 loO -\q\osr'. Email: ~o, ,..QMOiloruJ\:t • U>~ Proposed Park Usage Information Which park to you intend to use? Swanny Park:)(_ Other (please indicate name of park~· _______ _ Please indicate the proposed dates and times of use: Proposed Start Date: APA, 2!> Start Time: I} o.~ ~pm End Time: Proposed End Date: AfA. ?,i) Start Time: !> (@)/pm End Time: l,.. am/@ ll @pm Please specify what areas of the park a re pro posed for use: ----lli£,....::!"-J-...ct.Jo...1:r...:'° .. r£ ....... __ ?~_.,A.l!l!lll,.J)'l..Ul<Jl,c!,,,-.., _____ _ 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: 50 D Number of spectators that you expect: 6 a;,O Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the V\r 'L. Will amplification be required for your event? Yes_...,___ No __ _ Please specify any electrical needs for your event: ~-...i....:<>=--~-=-'4=---__ ·_,,\"""o.,.;:o""'---W__,e;_~..._-..... \ _________ _ Please describe the parking and traffic plan for your event. Location of parking, sign age, traffic control devices, use of volunteers, etc. should be described. Ct>o '1..b'l. o f:\:t-e.. ~* C':n:'\ J'o\"l:c..t ~ b) C\01'4"'-F.4 If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. \I \\ PLEASE COMPLETE OTHER SIDE
Page 67 of 355Do you intend for the park to be open to the public during your event? Yes X No ---Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No V For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No __ _ Please describe any security or crowd contra.I measures you plan for use of the park: L...c c o \ ?a \ · ... c.A,., ~ (l.(S'"\: ~ yY,1 , la\ "'N '"tee r'\-S' \ For groups over 100 people, please describe your refuse control and recycling plan: \tcT~(U.,\ 1>Mh2\t>iS' :l>o'f\,.14. '1:>1J:'n :tu; l J)o ,n..~st\ ?a.TioU _, Please describe \our clean-up plan during and after the event: <kn ~tl.M :y a.::! n...o \:ct,:) c:. £' V C l.)T I To. \L:t,\,;> ~ CM. '( £ CI.EM>l4 'P \ Please describe your restroom facility plan: Ya al:& 7 o 'W't-~5 Loc.v=t.,@ 0%). 'T :\o ~ll. 'o '1 Tv.n..wf(l,. LI.\.\'11'~ t 11\w, Other Information Please describe how your organization, your event, and/or your use of the park will provide broad-based benefits to the community: 1 ~C,._~ ~.,.-,~ .. ~', Sr_L~ ;:",M\-«Tb:: ~ N-o"-~ .;; i e~ w-..oNC ::Ct.J t~ i . '?-,m~ Or.:)~ ~~{,,&.t :Tb Loe.Al ~pj;?X'«£ts ax.,\.,vP~f\?G--.. ~ ~4~"-'Y YY\AAC ~ ~\._ Pl 'f\ d d "b h . . f ·1· . h I C.U.~ ease spec, y an escn e ot er community or city ac1 1t1es t at you p an to use: \.,:) C) li\Jl.. Have you applied for a Special Event Permit for this use? Yes X... No __ _ Will you be able to provide proof of insurance, showing the City as an additional insured? Yes L No ---1 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 attache his permit. Date: / -?0 -/ 2 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
Page 68 of 355SPECIAL BUSINESS EVENT LIST OF VENDORS
{MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT)
5.09.030 Sales Ta_x Collection.
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: M.o A.&-2.o,.~wt.«. c.eis ~ $~~W~---DATE(S) OF EVENT: '-{-2.~-l (
SSN AN D/OR SALES TAX
BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE# ITEMS TO BE SOLD JD OR TAX E XEM PT N o.
~~~5'"~ v:) U>--~\'\~ ~~l ~ ... , '\)"7_ } :r..~-t-.
09/08/03
Page 69 of 355SwannyPark ---=-----------t-"1 \ \.._ ~r f'C'"l,. '~ ~) r-------__ _... I ' ~! \..J..J : I ' 400 Non'h Street Aquatic Center i Outdoor Swimmi~g I Po~ls _ I i ', I ~-J Playground -A ... I' t 100 ~ SCALE 100 111 = 100' 200 \.. FEET To Main St. One Block -0---o L
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
February 14, 2017
Agenda Item
#: 6‐3
Title: Approval of Class II Beer License for Carrie Valdes, d.b.a. Miguel’s Baja Grill, LLC
located at 51 N Main Street.
Fiscal Impact: All applicable fees have been paid by the applicant
Staff Presenter(s): Jennie Ross, Treasurer
Department: Treasurer
Applicant: Carrie Valdes
Background/Summary:
The Class II Beer License entitles the Licensee to sell Beer in the original containers, on
the premises for consumption on the premises, in accordance with the State of Utah
Liquor Control Act and ordinances of the City of Moab. This application changes the
applicant from Miguel Valdes to Carrie Valdes. The Department of Alcoholic Beverage
Control does not require any change to their Restaurant Liquor License since the license
holder is Miguel’s Baja Grill, LLC.
Options: The City Council may approve, approve with conditions, deny or postpone
the item.
Staff Recommendation: City staff recommends approval of this application.
Recommended Motion: Approve
Attachment(s):
Application materials
Page 70 of 355
Page 71 of 355DATE PAID: r-ai-~o, '+ AMOUNT PAID: 'tPoo .fXJ RECEIPT No.: (q5.2.1D CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB APPLICANT'S PERSONAL INFORMATION FULLNAME: ('_orc\p_ \Jo.\~es HOME ADDRESS: c1TY: COooS SOCIAL SECURITY NUMBER: DATE OF BIRTH: DRIVER LICENSE NUMBER & STATE: BUSINESS INFORMATION BUSINESS NAME: m\~vcfs ~O.~o G< ;\\ BUSINESSADDRESS: 5 Nac+'ofY\o.,I"\ rooci:} 1 )T BUSINESSMAILINGADDRESS: yQ ();:>oy \~0L ~ 1 • J CITY: ffiC>oS ['.] CLASS I FEE: )!, CLASS II FEE: ['.] PRIVATE CLUB ['.] CLASS Ill FEE: ['.] CLASS IV FEE: LICENSE#: HOME PHONE: $200.00 $200.00 $720.00 $90.00 $90.00 STATE: UT ZIP: X~ 532 SALES TAX ID#: --------BUSINESSPHONE: Y~S-259-&S'-lfo STATE: UT ZIP: %'-IS 32.. WARNING!! ALL LICENSES, EXCEPT CLASS Ill, 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) D CLASS I 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. ~ CLASS II 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. D PRIVATE CLUB Same conditions as Class I and Class II Beer Licenses. D CLASS Ill 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. D CLASS IV 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. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? D No BYES (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: Co,rooa I UO:> E.~12\-sJ \ccu k, \h/\:tu (:}(l,WVl-J W~\~ *Beer application is for 3.2% by weight only. Also requires a State license. 09121/05
Page 72 of 3554. 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 I, II, Private Club and Class IV. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (i'\0") (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION /· 2 7 -/ 7-APPROVED is:y·D1sAPPROVED D REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE:------0 APPROVED D DISAPPROVED ·-REASON(S}: _________________________________ _ SPECIAL CONDITIONS: _____________________________ _
Page 73 of 355RETAIL 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 ) C,aa,-e. ia)d es . being first duly sworn. on his/her oath deposes and says: That heishe 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. Sub~ribed and sworn to before me on -~~~O~vo.~«-j-----· 1o I] .. JAMIE HULCE Notary Public State of Utah Comm. No. 662071 My Comm. Expires Feb 2. 2017 ...,, .._ ..................... ...._~.;.. .. ~ this -1J:i._ day of
Resolution #14‐2017 Page 1 of 1
Resolution #14‐2017
A RESOLUTION APPROVING A ZONING STATUS AGREEMENT FOR THE LIONSBACK RESORT
WHEREAS, State and School Institutional Trust Lands Administration has exercised its right of
exemption from Moab Land Use Review Processes for the Lionsback Resort; and
WHEREAS, the Zoning Status Agreement has been presented to this meeting of the City Council;
Now therefore, we, the governing body of the City of Moab do hereby authorize the Mayor to
execute the Zoning Status Agreement as presented.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of Moab City in open session this 14TH day
of February, 2017.
CITY OF MOAB
By:
David L. Sakrison
Mayor
Attest:
Rachel E. Stenta
City Recorder
Page 74 of 355
ZONING STATUS AGREEMENT
(Lionsback Resort)
THIS ZONING STATUS AGREEMENT (“Agreement”) is entered into and made effective as of
December 13, 2016 (“Effective Date”) by and between the City of Moab, a Utah municipal corporation,
acting through its City Council (“City”); LB Moab Land Company, LLC, a Colorado limited liability
company (“Developer”); and the State of Utah, acting by and through the School and Institutional Trust
Lands Administration (“SITLA”). The City, the Developer and SITLA are collectively referred to herein
as the “Parties”.
RECITALS
A. The State of Utah, through SITLA, is the owner of a certain parcel of real property situated
in Grand County, Utah consisting of 139.95 acres, more or less, more particularly described in the
Development Agreement (defined below) (“Property”).
B. The State of Utah, through SITLA, is also the owner of certain adjoining property more
particularly described in the Development Agreement (“Adjoining Property”).
C. Capitalized terms included herein and not otherwise defined shall have the meaning
ascribed to the term in the Development Agreement.
D. State trust lands managed by SITLA are not subject to municipal planning and zoning
regulation pursuant to Utah Code Ann. 10-9a-304, absent consent by SITLA, which may be granted,
withheld or withdrawn by SITLA in its discretion.
E. Developer and SITLA have entered into a certain SITLA Lease and Development
Agreement, as amended, by which Developer is authorized and empowered to seek and obtain development
approvals from the City, including the entitlements described herein.
F. Use and development of the Property may occur in accordance with and as provided for in
the Moab City Code (“City Code”) as well as all other applicable laws and regulations of the City of Moab
(“Moab City Laws”), subject to the provisions of the Utah Municipal Land Use, Development and
Management Act, Utah Code Ann. § 10-9a-101 et seq, including section 10-9a-304 thereof.
G. Developer has pursued certain planning and zoning approvals with the City of Moab
(“City”) concerning the Property, which SITLA has authorized and granted its consent from time to time
H. The planning and zoning approvals include the annexation of the Property (“Annexation”)
into the City, which occurred in accordance with the Moab City Laws and applicable provisions of Utah
law, as more specifically described in Exhibit “A”. The planning and zoning approvals for the Property also
included the zoning of the Property (“Rezoning”) in the City’s Sensitive Area Resort Zone (“SAR”) as
provided for in the City Code and the Moab City Laws.
I. The planning and zoning approvals for the Property also included reviews and approvals
for a Mixed Use Master Planned Development (“MPD”) for the Lionsback Project, a mixed use project
(“Project”), as also more specifically described in Exhibit “A”.
J. The approvals granted by the City, including, the Annexation, the Rezoning, and the MPD
Approvals, which are collectively referred to as the “City Approvals,” authorized the development of the
Project as such approvals were reflected by and described in the City Approvals. As further reflected in
the Development Agreement and the Pre-Annexation Agreement, the City approved a period of extended
Page 75 of 355
vested rights (“Vested Rights”) for the development approvals granted for the Project and Property which
ran for 15 years from the date of the Preliminary MPD, through July 27, 2024.
K. The Development Agreement further provided that Developer may submit separate
development applications associated with the Final MPD for each Phase of the Project (“Final Plat”) and
with such filing, the Developer is required to submit a Final Plat and a Subdivision Improvement Agreement
(“SIA”) for the Lots, Parcels and associated onsite and offsite Subdivision Improvements (described in the
Development Agreement) to be constructed for the particular Phase, which will be consistent with the
Lionsback Phasing Plan. The required onsite and offsite infrastructure improvements (“Subdivision
Improvements”) for the development in the Project are described in the Development Agreement.
L. Developer and SITLA seek to amend elements of the City Approvals granted for the
Project, as provided for herein (“City Approvals Amendments”). Developer and SITLA submitted their
application dated June 30, 2016 (“City Approvals Amendments Application”) seeking approval of the
City Approvals Amendments. The City Approvals Amendments Application remains pending with the
City.
M. SITLA has notified the City, through counsel, of its election to withdraw its consent to
local planning and zoning jurisdiction pursuant to Utah Code Ann. 10-9a-304 with respect to the City’s
review and action on the City Approvals Amendments Application and ongoing future City review of
planning and zoning matters affecting and concerning the Property, which is acknowledged by the City.
The foregoing notwithstanding, although SITLA maintains that it has the right and authority pursuant to
Utah Code Ann. 10-9a-304 to make decisions concerning the use and development of its property without
regard to the Moab City Laws and/or the involvement of the City, SITLA recognizes the importance of
reasonably coordinating the development of its land with the City and to that end, SITLA has determined
to grant its limited consent to local planning and zoning jurisdiction relating to the Property and Project
with respect to the City Approvals Amendments, provided that the City review process occurs in the manner
provided for herein.
N. There exists a potential dispute between the City and SITLA with respect to the extent of
any zoning exemption which SITLA may enjoy, given its prior decision to submit the Property to the land
use jurisdiction of the City of Moab and the execution by the Developer, with SITLA approval, of various
agreements in conjunction with the City Approvals. By entering into this Agreement the City makes no
admission as to the scope of any zoning exemption which may be claimed by SITLA, as described in the
prefatory recitals, above.
O. The Parties desire to enter into this Agreement to reflect the manner that the City Approvals
Amendments Application as well as future land use applications concerning the Property and the Project
would be handled by the Parties.
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated as part of
the agreements of the Parties, and for such other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Status of City Approvals. Notwithstanding the election by SITLA to withdraw its consent
to local planning and zoning jurisdiction relating to the Property and Project pursuant to Utah Code Ann.
10-9a-304, SITLA and Developer agree to comply with the existing terms and conditions of the City
Approvals, subject to the pending City Approvals Amendment Application and the other issues addressed
herein. It is acknowledged and agreed by the Parties that the terms and conditions of the City Approvals in
effect as of the Effective Date, shall remain in full force and effect. It is further acknowledged and agreed
Page 76 of 355
that the City is fully compliant with all commitments, terms, and conditions extant in the City Approvals
as of the Effective Date.
2. City Approvals Amendments.
2.1. An amendment to the MPD Approvals is governed by the amendment procedures
set forth in Section 17.65.130 of the City Code and is handled as either a Major Amendment
(which are reviewed and acted upon by the City Council and/or the City Planning
Commission) or Minor Amendment (which are reviewed and acted upon by the Moab City
planning department staff).
2.2. SITLA consents to the City’s exercise of its local planning and zoning jurisdiction
relating to the Property and Project with respect to the review and action on the City
Approvals Amendment Application, provided that the City Approvals Amendments
Application is deemed to be a Minor Amendment, which will be reviewed and acted upon
by the Moab City planning department staff (“City Planning Department”) by and
through the City Planning Director, not to be unreasonably delayed or conditioned, and
which would not require a public hearing. The City Planning Department may impose
reasonable conditions upon the approval of the Amendment Application which are
generally consistent with the intent expressed in the MPD Approvals, applicable
ordinances, and/or the needs of the Project. SITLA and Developer agree to be bound by
the results of that minor plan review process, subject to applicable appeal procedures.
2.3. Following the action by the City Planning Department on the City Approvals
Amendments Application, the Parties recognize and agree that the Development
Agreement must be amended to reflect the changes to the MPD Approvals resulting from
the City’s approval of the City Approvals Amendments, which the City agrees to cooperate
and assist in drafting and executing, which will not be unreasonably delayed or
conditioned. SITLA consents to the Parties execution of an appropriate amendment to the
Development Agreement reflecting the approval of the City Approvals Amendment
Application. A list of outstanding items related to the final MPD and Plat Approvals is
attached hereto as Exhibit “B” and incorporated by reference.
3. Provision of Water and Sewer Service to the Property and Project. The City
confirms, acknowledges and agrees that the City shall provide municipal water and sewer service to
Developer to serve the Project and Property, in form and manner contemplated by the City Approvals,
which service will be based upon uniform terms, conditions and specifications as well as on fees and
charges uniformly charged to other persons or entities in the City.
4. Special Districts. Developer may elect to form a special tax district or improvement
district to finance and fund the cost and expense of the installation, operation, repair and maintenance of
any and all privately operated water, sewer, road and utilities serving the Property and Project, which are
to be paid for by Developer. City agrees to cooperate and assist Developer in connection with the
formation of any such district. It is agreed that the City Approvals shall be modified to provide that all
wastewater treatment service lines and equipment within the Property shall be privately owned, operated,
and maintained, with the City to assume collection, maintenance, and treatment obligations at a point
mutually agreed, as designated on the final utility plan approved in connection with Phase One of the
Project.
5. Traffic Studies and Related Improvements. Developer, SITLA, and the City
agree to confer in good faith with respect to traffic impacts which will be generated in connection with the
Amendment Plan which is currently under review, and with respect to traffic improvements (including
off-site improvements) which may be necessitated by the Amendment Plan and/or future phases of the
Page 77 of 355
Project. An updated traffic impact study prepared by a licensed engineer shall be submitted to the City no
later than six (6) months from the date of the issuance of a certificate of occupancy for the hotel
comprising Phase One of the Project. SITLA and Developer agree that the City may require Developer to
install additional traffic related improvements: a) in conjunction with future phases of development on the
Property; or b) if traffic impacts from Phase One result in unacceptable or dangerous vehicular or
pedestrian traffic conditions on roads providing access to the Property. Any additional traffic related
improvements which may be required by the City and installed by the Developer in conjunction with the
Amendment Plan and/or future phases of the Project must be reasonable and proportional to traffic
impacts generated by the development of the Property, as identified by the updated traffic study.
6. Engineer Review By City. The Parties agree that any engineer reviews to be conducted
by the City in connection with the review and approval of plans, plats and other documents submitted by
Developer to the City from time to time may be handled by a duly qualified engineer mutually agreed to
by the City, Developer and SITLA, which reviews shall occur in a reason manner, not to be unreasonably
delayed.
7. Review of Final Plats and Permits. SITLA consents to the City’s exercise of its local
planning and zoning jurisdiction with respect to future final plats, permits and other reviews required to
be undertaken by the City pursuant to the City Code, which the City agrees will occur administratively by
the City Planning Department, without a requirement for a public hearing. The Parties acknowledge and
agree that development of improvements on lots in the Project will comply with all applicable building
codes as uniformly applied to similar property in the City.
8. Future Amendments to City Approvals. In the event that Developer and SITLA seek
to pursue other amendments to the City Approvals and/or to pursue new approvals for the Property and
Project, including the Adjoining Property, the Parties shall meet and confer in good faith and discuss the
nature and extent of the City review requirements. The City Planning Department may impose reasonable
conditions upon the approval of future amendments and new approvals which are generally consistent
with the intent expressed in the MPD Approvals, applicable ordinances, and/or the needs of the Project.
Such approvals shall not be unreasonably delayed or conditioned, and shall be subject to applicable
appeal procedures.
9. Miscellaneous.
9.1 Amendment of Agreement. Except as otherwise provided herein, this
Agreement may be amended from time to time by mutual consent of the original Parties
or their successors in interest in writing.
9.2 Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Utah. The exclusive venue for any dispute arising under
this Agreement shall be the courts of Grand County, Utah.
9.3 Performances. Time is of the essence of this Declaration and for the performance of
each of the duties and obligations provided herein.
9.4 Severability. Wherever possible, each provision of this Declaration shall be interpreted
in such a manner as to be effective and valid under applicable law. If any provision of this
Declaration shall be found invalid or unenforceable, this shall not affect the validity of the
remaining provisions of this Declaration, and the remaining provisions shall remain in full force
and effect.
9.5 No Waiver. Failure of a Party hereto to exercise any right hereunder shall not be deemed
a waiver of any such right and shall not affect the right of such Party to exercise at some future
Page 78 of 355
time said right or to enforce any other right it may have hereunder.
9.6 Parties’ Representations. In entering into this Agreement, the Parties
acknowledge and agree and represent and warrant to each other as follows: (a) that they
will perform their duties and obligations in a commercially reasonable and good faith
manner and that this commitment is being relied upon by each other Party; and (b) that
the Party has actual and express authority to execute this Agreement, has taken all
actions necessary to obtain such authorization, the Agreement constitutes a binding
obligation of the Party and the person signing below is duly authorized and empowered
to execute this Agreement.
9.7 Notices. The contact addresses of the Parties are as follows:
LB Moab Land Company, LLC
Post Office Box 967
Moab, UT 84532
Cell 970-708-1896
Email: badgermoab@gmail.com
City of Moab
217 East Center Street
Moab, Utah 84532
Attention: City Manager
Phone: 435-259-5121
Fax: 435-259-4135
Email: ____________________
State of Utah, acting by and
through the School and
Institutional Trust Lands
Administration
675 East 500 South, Suite 500
Salt Lake City, Utah 84102
Attn. Development Group
With a Copy to
Thomas G. Kennedy, Esquire
P.O. Box 3081
Telluride, CO 81435
Phone: (970) 728-2424
Fax: (970) 728-9439
Email: tom@tklaw.net
With a Copy to
Christopher G. McAnany
Dufford, Waldeck, Milburn & Krohn,
LLP
744 Horizon Court, Suite 300
Grand Junction, CO 81506
Phone: (970) 241-5500
Fax: (970) 243-7738
Email:mcanany@dwmk.com
With a Copy to
9.8 Captions. The captions or headings in this Agreement are for convenience only
and in no way define, limit, or describe the scope or intent of any provisions or sections
of this Agreement.
9.9 Counterparts; Facsimile. This Agreement may be executed in multiple
counterparts, each of which shall be deemed to be an original and all of which taken
together shall constitute one and the same agreement, which may be transmitted by
canned/email or facsimile signature pages.
Page 79 of 355
IN WITNESS WHEREOF, 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 a duly authorized
representative of Developer, as of the Effective Date.
CITY:
City of Moab,
a Utah municipal corporation
By: _____________________________ Date: ____________________
Printed Name: _______________________
Title: ______________________________
SITLA
The State of Utah, acting by and through the
School and Institutional Trust Lands Administration
By:__________________________ Date:__________________
Printed Name: ___________________
Title: __________________________
COMPANY:
LB Moab Land Company, LLC,
a Colorado limited liability Developer
By:__________________________ Date:__________________
Printed Name: ___________________
Title: __________________________
Page 80 of 355
EXHIBIT A
(Annexation and Planning/Zoning Approvals)
The Annexation of the Property occurred pursuant to and in accordance with the following documents:
(i) City of Moab Ordinance No. 2008-20 (“Annexation Ordinance”) dated
December 9, 2008 and recorded on February 23, 2009 in Book 744, Page 407-
423 with the Clerk and Recorder for Grand County, Utah (“Official Records”);
(ii) The Pre-Annexation Agreement dated October 28, 2008 and recorded on
February 23, 2009 in Book 744, Page 407-423 in the Official Records (“Pre-
Annexation Agreement”); and
(iii) The Annexation Map recorded February 23, 2009 in Book 744, Page 424 in the
Official Records (“Annexation Map”);
The Property has received the following planning and zoning approvals (“MPD Approvals”):
(i) Concept MPD. At a duly noticed and conducted public hearing/meeting, the City
of Moab Planning Commission (“Planning Commission”) reviewed and
approved the Development Application associated with the Concept Plan/Master
Planned Development (“Concept MPD”), subject to conditions stated in the
document reflecting the Concept MPD approval.
(ii) Preliminary MPD.
(a) At a duly noticed and conducted public hearing/meeting, the Planning
Commission reviewed and recommended approval of the Development
Application associated with the Preliminary Plan/Master Planned
Development (“Preliminary MPD”) to the City of Moab City Council
(“City Council”).
(b) At a duly noticed and conducted public hearing/meeting, the City Council
reviewed and approved the Development Application for the “Lionsback
Development Plan” associated with the Preliminary MPD, subject to
conditions stated in the document reflecting the Preliminary MPD
approval (a copy of which is on file with the City).
(c) The City, Developer and SITLA executed a certain Development and
Phasing Agreement for Lionsback Resort dated July 28, 2009
(“Development Agreement”). The Development and Phasing
Agreement, among other things, included the “Lionsback Development
Plan” as reflected in the Development Approvals is on file with the City,
approved the proposed land use and phasing plan for the Project and noted
the allocation of infrastructure improvements required for the Project.
(d) The Development Agreement incorporated an approved Phasing Plan for
the Property as well as the Adjoining Property and Project. Developer
contemplates that the Project will consist of five phases (each a “Phase”).
The Lionsback Phasing Plan depicts the Phases for the Project and
establishes the Lots, Parcels, uses and Subdivision Improvements (defined
below) for the Project.
Page 81 of 355
1
EXHIBIT B___
Outstanding items related to Final MPD & Plat Submittal
1. Conceptual Landscape Plan:
a. The Approved Preliminary MPD landscape plan/guideline is not proposed to change in overall
context and intent. With the change to the area directly surrounding the hotel, Developer will
supply a conceptual landscape plan specific to the anticipated areas impacted by the hotel site
construction.
b. Areas impacted by the roadway, utility, and casita construction will follow the native vegetation
and restoration guidelines previously approved.
2. Signage Plan:
a. Directional/wayfinding signage as well as proposed monument signage will be submitted to city
planning staff for approval.
b. Building signage is dependent on hotel operator and will be submitted for approval as part of Final
MPD Application.
3. Lighting Plans:
a. Site lighting fixture detail sheets noting the height, details, and specifications for each of the
proposed fixture types (parking lots, trails, & roadways) will be submitted for review by staff.
Final light locations will be determined at Final MPD and submitted for final review.
b. Building Lighting Fixtures will be submitted for review/approval as part of Final MPD and
Building Permit Issuance process.
c. Developer agrees that fully shielded cut-off fixtures will be required and no ‘up-lighting’ will be
allowed to insure dark sky intent is met.
4. Hotel Elevations:
a. Detailed Building Elevations (including height) will be submitted as part of the Final MPD. The
height varies due to the terrain and proposed grading on the parcel. Developer intends to build the
hotel ‘into’ the site to minimize the height as much as possible. The height will comply with the
SAR Zone of a 30’.
5. Utility Plans:
a. Conceptual utility plans were submitted to Moab City Engineers Office in November and
December 2015. These will be supplemented with a narrative explaining utility service structure
(private, sewer district, etc.)
b. Final Utility Plans will be submitted to Moab City for approval as part of Final MPD.
6. Traffic:
a. The revised trip generation letter (dated 9/13/2016) noted no major impacts from the changes
regarding Phase One of the Hotel & Casitas and is sufficient for development & approval of Phase
1 of the Lionsback Final MPD and Plat.
b. Prior to final approval of Phase 2 of the Lionsback MPD and associated plats; the previously
approved Traffic Impact Study will be updated to include the changed street classifications (Sand
Flats Road, Mill Creek Drive, 400 East, and 300 South) as well as updated counts at Sand Flats,
Mill Creek Drive, and 400 East Intersections per city request.
7. Grading & Drainage:
a. Detailed grading & drainage plans & calculations will be submitted for approval as part of Final
MPD and Plat approval. Plans and Calculations will meet Grand County Storm Drainage
requirements.
8. Geotechnical Report:
a. An Updated Geotechnical report will be submitted with Final MPD Submittal for each phase of
development.
Page 82 of 355
Page 83 of 355
II
Barbara R. Butler
William S. DeFord
William H.T. Frey
Nathan A. Keever
Richard 1-1. Krohn
Michael A. Kuzminski*
Christopher G. McAnany*
Annie D. Murphy*"·
John R. Pierce+
Sam D. Starritt-¢>
Laird T. Milburn
Of Counsel
Jlll T. Norris
Of Counsel
Joseph H. Skinner
Of Counsel
D. J. Dufford
{1910-1998)
William G. Waldeck
(!923-2009)
1 Also admi!ted in Oregon
! Also admitted in Texas
" Also admitted in Utah
~ Also admitted in Wisconsin
,¢,-Also admi1ted in \Vyoming
GRAND JUNCTION, COLORADO
744 Horizon Court
Suite 300
Grand Junction
Colorado, 81506
Tel. 970.241.5500
Fax 970.243.7738
DUFFORD WALDECK
MILBURN & KROHN LLP
Attorneys at Law
Thomas G. Kennedy, Esq.
P.O. Box 3081
Telluride, CO 81435
September 12, 2016
Christopher G. McAnany
Direct Dial Phone: (970) 248-5862
Email Address: mcanany@dwm~.com
Re:
By:
Lionsback Resort, Moab Utah, Amended MPD Application
Email, tom@tklaw.net and First Class Mail
Dear Tom:
I write to respond to the letter of LB Moab Land LLC, dated August 12,
2016, and concerning the proposed amended plan for the Lionsback Resort. I
was asked to review the proposal discussed in a meeting between the parties in
which, among other things, Moab LB would agree to delete lots from its Phase 5
of the development to offset the increase in lodging rooms associated with the
newly proposed first phase hotel concept, which calls for a 150 room hotel
(referred to here as the "Deletion Option").
Concurrently, I understand that on June 30, 2016 Moab LB submitted an
application for amendment of the approved preliminary master planned
development for the project. That application includes the larger hotel concept
along with utility changes, but without the deletion of units described as the
Deletion Option.
The initial question was whether this concept would qualify as a "minor
change" under the City's Master Planned Development Ordinance, MMC
§ 17.65.130. Although a revised plan containing the Deletion Option has not
been submitted for review, I conclude that the scope of the changes contemplated
under either scenario would likely be major changes under the Moab ordinance.
MMC § 17.65.130 provides that amendments "that change the character,
basic design, building density and intensity, open space or any other
requirements and conditions" require planning commission review and
approval. The "minor change" provision, subsection A, allows staff approval of
minor changes "in the location and placement of buildings" where these are the
product of unforeseen circumstances-such as engineering difficulties. Changes
as to "structural types" and the "arrangement of multiple lots and blocks," or the
Page 84 of 355
Thomas Kennedy
September 12, 2016
Page 2
"overall design or intent of the project" are major changes requiring land use authority
approval. Id. at B.
Given the scope of the changes under either the Deletion Option or the June 30
submittal, it is my conclusion that this project should be processed as a "major change" under
Section 130. Under either proposal the applicant would be substantially changing the
configuration, building types, phasing, and total square footage of the structures. These are not
minor changes due, for example, to site constrains.
As you know, under Utah law municipalities are bound to adhere to their own land use
ordinances. Although a minor change might appear to be expedient, in my opinion that would
run contrary to the Moab ordinance. Similarly, attempting to process this application as a minor
change would likely invite a legal challenge by other interested persons. Thus, there is both a
legal reason and a practical reason to treat this as a major change. Given the past litigation
history as to this project, the parties should use care to follow the review processes to the letter.
In making this determination I do not express any opinion as to the merits of the project.
We concur that, regardless of the submittal Moab LB elects to pursue, the parties will need to
make changes to the Development Agreement, Annexation Agreement, and related plans and
specifications.
If for any reason you disagree with this position please feel free to provide me with any
additional information upon which you rely. Note also that City staff is available to confer with
your client as to submittals and review processes.
Dufford, Waldeck, Milburn & Krohn, LLP
xc: Rebecca Davidson
SITLA Properties in Moab
Page 85 of 355
Lionsback
ZONING/ENTITLEMENT STATUS
Page 86 of 355
Approval History
2006: LB Moab Land & SITLA enter
into a Development Lease on
Lionsback Property
2006 –2008: LB Moab Land works
through design, entitlement, and
annexation process into the City of
Moab
October 28, 2008: Lionsback Resort
receives approval for the land to be
annexed. The City of Moab approves
188 Single Family Lots, 18 employee
housing units, and a 50-Unit Hotel
(Entitlements are valid for 15yrs)
2008 –2012: Moab City is sued by an
environmental group over the
entitlement & annexation process.
Late 2012: Utah State Court of
Appeals issues ruling in favor of the
City of Moab and the lawsuit is
dismissed.
Page 87 of 355
Approval History
2013: LB Moab and SITLA enter discussions about the Moab Real Estate Market and as well as timing to re-launch the project and proceed with the more detailed planning & engineering.
Sept. 2013: LB Moab meet with City Staff and Mayor to present revised concept of project. Staff indicated that it would be a minor (staff approval) amendment.
2014: Off-site infrastructure engineering is coordinated and negotiated with adjacent land owners.
Market/feasibility Study is completed and the development program is modified to focus on the resort aspects of the project.
City Staff confirm that no additional approvals are required to modify the approved 50-room lodge to a 50 Unit Hotel with separate ‘lock-out’ bedrooms.
Page 88 of 355
Approval History
2015: Design & Preconstruction work
is completed and submitted late in
2015 to Moab City for review.
2016: Moab City goes through staffing
changes. The then City Manager
requests that the project be reheard
by the planning commission as a Major
Amendment.
Due to the legal history on the project,
SITLA & LB Moab voiced concern
about having delays, especially as the
project is ready to proceed with final
approvals for Phase 1.
SITLA & City staff have drafted the
Zoning Status Agreement as a way for
Moab City to retain control of the final
stages on the project.
Page 89 of 355
Comparison of Plans
2008 APPROVED PLAN
•188 Residential Lots/Units
•50 Lodge/Commercial lots/Units
•(No limits on # of Bedrooms)
•18 Employee/Work Force Housing Units
•73.35% of property retained in Open Space
•128.45 Acres
•Based on SAR Zoning –Project Maximum could
have resulted in as much as 402 Units
PROPOSED AMENDMENT
•188 Residential Lots/Casita Units
•50 Unit Resort Hotel
•(3 Bedrooms Max per Unit, 150 rooms total)
•18 Employee/Work Force Housing Units
•73.09% of property retained in Open Space
•128.0 Acres
Page 90 of 355
Page 91 of 355
H OTE L FOOTPRINT,
PARK ING AR EA,
BEFO RE
41,360SF"
38,760 SF (104 SPACES) •
A FTER
81,668 SF
90,160 SF (230 SPACES )
LB Moab Land LLC
• DRAWING NOTE·
AN D FOOTPR INTS .A
IN TH IS SE T. AR E DERIVED ~~:~~~~~RE :i~l~~~Ts;:~~i~~~~~~~~~~:rR
O US ENTITL ED SUBMITTAL iu~D BE VERIFIED PER PREVI· TH ER ARCHITECT.
:.-... "'" ~wt !!W"Wl U•DT SR
:U:1m in.•
=':r._uiultl
Ill :-:!: .. ~=
• flll)SIJWOflll .....
:l":fl111t It.I» -·-i 1=11:
~~:U.U.iGIT ... -=--~· a.m
!~11.ll~lllllf ., •
... l~Rff
-·-~...al:"
LIONSBACK H
MOAB, UTAH OT $=~
1· -1150'-o· o 80 .60
APPROVED PRELIMINAR~l~~~~ACK RESORT
DEVE LO~ ~-:NLTA N NED PLAN
Hl<S
Page 92 of 355
LB Mob a Land LLC
0
"' ..
0 ..
m
[I/
q)
I[}
q)
"'""'' ~
MOAB, u ~~I( HOTEL I 11£so
PHAS£5 _il'\ IIT
,. 32o'o-() ~IIQ,J ..
H~
HILL s
GLAZIER sruo,o
Zoning Status Agreement
WHAT THE AGREEMENT DOES:
•Enforces SITLA’s right to withdrawl from local planning & zoning approvals pursuant to Utah Code Ann. 10-9a-304 related to the Minor or Major Amendment of the Lionsback Master Development Plan.
•Approves the proposed Minor amendment to the Master Development Plan.
•Insures that other typical city approvals and processes will be followed, such as:
•Final Platting
•Utility Permitting
•Building Permitting
•Puts in place timeframes and conditions when future studies, reports, and approvals will be required of the developer and SITLA.
THE AGREEMENT DOES NOT:
•Approve density above what is allowed by the SAR
Zoning on the property
•Circumvent typical city final platting/permitting
requirements
•Change the conditions of Approval
•The Cities Source Water Protection Plan is NOT
effected by the Amended Plan.
Page 93 of 355
Page 94 of 355
Page 95 of 355
Google Groups
Fwd: Slide 55 Lionsback Presentation
Rani Derasary <rderasary@moabcity.org>Feb 2, 2017 1:19 PM
Posted in group: City Council
Hi all,
Denver Perkins, a City resident who lives on 300S, attended the Lionsback briefing yesterday and sent me
the question below. Chris, Amy and Jeff, could one of you respond to him? Thanks! If you can copy the
Council that would be great. I too would like to understand who pays the other part of improvements in
question if the Company and/or Project Assn only pay a portion (and what happens in the event of
bankruptcy etc see below).
Thanks!
Rani
Forwarded message
From: denver perkins <denperk@me.com>
Date: Wed, Feb 1, 2017 at 11:44 PM
Subject: Slide 55 Lionsback Presentation
To: rderasary@moabcity.org
Cc: denver perkins <denperk@me.com>
The file named Lionsback Presentation that we saw this afternoon has this as slide number 55.
Findings:
1. The Project is believed to be mutually acceptable to the parĕes
and consistent with the City of Moab Code.
2. Desirable open space areas are being retained and important
trails and recreaĕonal resources preserved.
3. The Project is expected to generate substanĕal tax revenues and
economic benefits for the City.
4. The design, construcĕon and maintenance of the Subdivision
Improvements shall be undertaken and/or funded in whole or in
part by the Company and /or Project Associaĕon through
infrastructure funding mechanisms.Page 96 of 355
5. The Project will be subject to the provisions of the City of Moab
Code.
The part that caught my eye was sentence #4. Maybe I should know this, but if the design, construction and
maintenance of the project is funded in part by the Company and/or Project Association, who funds the rest
of it? Can the city of Moab be compelled to pay for any of the construction, etc. if the developers only pay
part? Bill Love had a great point. If they go bankrupt, who will pay for the
maintenance of half halfbuilt or empty structures that have already been built? That to me is a real concern.
If the company goes bankrupt, can they leave a ghost town of halffinished buildings for the city of Moab to
maintain—for the next few decades?
Thank you for taking the time to think about this. I know you have a lot to do, and if this is a distraction,
please don’t worry about it. I sent myself a copy so I don’t have to
find it again I missend it.
Denver
Rani Derasary, Member
Moab City Council
cell: 4352101647
email: rderasary@moabcity.org
Page 97 of 355
Carmella Galley <carmella@moabcity.org>
(no subject)
David Everitt <deveritt@moabcity.org>Wed, Feb 1, 2017 at 1:26 PM
To: Carmella Galley <carmella@moabcity.org>
Begin forwarded message:
From: Barb Zinn
Subject: SITLA proposal to hold closed meetings on Lionsback
Date: January 4, 2017 at 8:46:57 AM MST
To: citycouncil@moabcity.org
It is totally inappropriate to hold a closed meeting with just two council members at a time. This is a bald
effort to avoid a quorum. This situation does not fall under the categories listed in the Utah Open Meetings
Act regulations 524204 and 524205. Do not allow this.
Barbara Zinn
460 Rosetree Lane
Moab UT 84532
435 259 4077
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council/CACuVtaQ5x8HpM7Umbdxs4MOG5EE2PgiLdHX%2BTByS4SQBOeQ%40mail.gmail.com.
Begin forwarded message:
From: William Love >
Subject: Water Source Protection Plan Lionsback
Date: January 6, 2017 at 10:44:45 AM MST
To: David Everitt <deveritt@moabcity.org>
Cc: citycouncil@moabcity.org
The Lionsback Water Source Protection Plan may not have been prepared by a qualified person or
company. I am especially concerned that there is no reference to any analytical data in the report or
signature on the report. Please advise source of the Water Source Protection Plan.
The on site processing of sewage by the developer is a major change in watershed protection.
Bill Love
Begin forwarded message:
From: Renee Troutt >
Subject: Moab Lionsback Resort
Date: January 23, 2017 at 2:28:15 PM MST
To: <citycouncil@moabcity.org>
Attn: Moab City Council
Re: Moab Lionsback Resort
Page 98 of 355
I would like to take this opportunity to offer my support for the Moab
Lionsback Resort development application. I have examined the plans
and project description and am familiar with the site. I believe the resort is
well suited for the area and could offer our visitors a great luxury
experience they are not able to get at other resorts in the area.
Michael Badger has worked tirelessly since 2004 to get the project off the
ground. He has experienced many setbacks and has complied with the
requirements and legal issues set before him. It’s time to get this project
off the ground. I hope you will consider this project for approval.
Sincerely,
Renee Troutt
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council/009501d275bf%249bec3e80%24d3c4bb80%24%40com.
Begin forwarded message:
From: William Love >
Subject: Moab City Can Reverse Annexation of Lionsback Property
Date: January 6, 2017 at 10:20:55 AM MST
To: citycouncil@moabcity.org
Cc: Editor Times Independent <editor@moabtimes.com>, "zlevine@grandcountyutah.net"
<zlevine@grandcountyutah.net>, John Weisheit , Editor Moab Sun News
<editor@moabsunnews.com>, council@grandcountyutah.net
Moab City Can Reverse Annexation of Lionsback Property
Attached are the Lionsback’s 2008 Pre Annexation Agreement (PAA)and the
Lionsback 2009 Development and Phasing Agreement.( DPA) Both agreements are
between Moab City and the developer of the property LB Moab Land Company LLC.
In both agreements the developer has clearly stated that they intend to develop the
Lionsback property in accordance with the applicable laws and regulations of the City
of Moab (Section F –DPA and 1.6, 2.2.3, 2.2.8 PAA).
A default in the 2008 Pre Annexation Agreement by the Developer refusal to accept
Moab City's Land Use Code will allow Moab City to enforce Section 9.4 Default and
Remedies. This section allows Moab City “Suspension or termination of annexation of
the property”, “withhold permits”, “discontinue service” and “commence proceedings to
disconnect the property from the city”. Moab City can also refuse to supply Water and
Sewer Services as required under Section 3 of the Agreement.
At the next City Council meeting the developer needs to confirm his commitment to
these contracts. Nothing should be done to approve the request to increase thePage 99 of 355
size of the hotel until the Developer confirms his commitment to abide by Moab
City’s Land Use Code.
Note: The above comments are my interpretation of the agreements. Moab City needs
to review all of the above with their attorney and also review with the attorney all other
actions available to counter SITLA’s intimidations. Moab City needs to have any other
developer using SITLA property confirm they will abide by the Land Use Code. This is
especially important for USU.
Bill Love 2871 E Bench Rd
Moab, Utah 84532
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council/20170106172242.9F26CADBCC%40filter03.dlls.pa.frontiernet.net.
Begin forwarded message:
From: BobMargie Read >
Subject: REJECT the SITLA Request for Private Meetings on Lionsback with City Council
Date: January 5, 2017 at 1:40:27 PM MST
To: Moab City <citycouncil@moabcity.org>
Cc: Grand County Council <council@grandcountyutah.net>, Zacharia Levine
<zlevine@grandcountyutah.net>, Amy Weiser <aweiser@moabcity.org>
Please REJECT the SITLA request for a meeting with 2 council members at a time.
This request makes the meeting "Private" and should Not be allowed.
There is something "Really Smelly" about this whole deal, Back Door Dealing, etc.
What members of the Utah State Government are "Benefactors" of this deal?
In addition, Please insure that the Grand County Council and the Water, Sewer &
Disposal Districts members, Plus the Public, are in Full attendance at this meeting and
are allowed to speak, ask questions and comment on any statements that the SILTA
reps. make. This matter has a Big Effect on the culinary water for all of Spanish Valley
and should be Fully vetted in Public.
Bob Read
195 E 100 S
Moab, UT 84532
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Page 100 of 355
Begin forwarded message:
From: Barb Zinn
Subject: Lionsback Resolution 362016
Date: December 12, 2016 at 8:01:17 AM MST
To: citycouncil@moabcity.org
Moab City should not approve Resolution 362016 without a public hearing, since this is a major change to
the original Lionsback proposal. As Grand Country did with Cloudrock, Moab City needs to stand up to
SITLA and not allow them to dictate what is permitted. Consider the Water Conservation Plan to be
presented tomorrow: Lionsback will be a huge impact to the aquifer. It is inappropriate to commit to any
kind of sewer service during the moratorium. The access road will not be adequate to either the
development or the public.
Table this Resolution and hold a public hearing.
Sincerely,
Barbara Zinn
2594077
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CACuVtaS3m3n5d2a11tSVpDSn_PaRCO5xiYVoTpDS8Qx8LwSw%40mail.gmail.com.
Begin forwarded message:
From: John Knight <jlknight30@gmail.com>
Subject: Lionsback Resort
Date: January 5, 2017 at 5:29:56 PM MST
To: citycouncil@moabcity.org
To whom it may concern
My name is John Knight and I live at 284 McGill Ave, Moab UT 84532. As an active environmentalist, and
renewable energy developer, I want to express my full support for the Lionsback project. The development
team for the resort has gone through tremendous efforts to ensure that they are developing a project that
will create good, sustainable jobs for the Moab and the community. While there are some understandable
environmental and civil concerns associated with the project, it is still a good project that will be good for
Moab. This project is close to town, reduces urban sprawl (which we are suffering from), is off of an
existing major road that is already highly impacted by traffic, limits viewshed damage from the valley and
will provide economic diversity for our community.
I hope the city will vote in favor of this project.
Sincerely,
John Knight
(503) 8608903
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CABEBDQqgB3bnbwH5wAvDu2iAmzWj%3Dh57GE170FWaRJW1zCYtdA%40mail.gmail.com.
Begin forwarded message:
Page 101 of 355
From: William Love t>
Subject: SITLA Requests Private Meetings on Lionsback with Council
Date: January 3, 2017 at 8:56:17 AM MST
To: citycouncil@moabcity.org
Moab City has received a letter from SIITLA asking for meetings on Lionsback with 2
Council members at a time. These meetings would exclude the public. This request is
unethical and is borderline illegal. Please reject this request from SITLA
Bill Love
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Begin forwarded message:
From: William Love <sombra@frontiernet.net>
Subject: Resolution 362016 Lionsback Development
Date: December 11, 2016 at 2:34:17 PM MST
To: citycouncil@moabcity.org
Please Distribute
Moab City should not approve Resolution 362016 without a public hearing. This is a
major change to the original Lionsback proposal. SITLA's threats and bullying should
not be tolerated by the Moab Council.
Moab City controls the water, sewer and access road to the development.
The access road is a not capable of meeting the needs of the development. The traffic
has increased significantly in the last 10 years and the Sandflats campground is full on
most summer weekends. The road must be upgraded by the developer prior to any
construction. SITLA proposal that a four lane road is needed from the old city dump to
the hotel and an unsafe two lane road is needed to travel into town does not make
sense. The safety of Moab residents and tourist should come before the desires of
SITLA.
Grand County called SITLA’s bluff with Cloudrock by saying that the county would not
provide occupancy permits after homes were sold unless they met Grand County
Codes. SITLA backed down and decide to accept Grand County Codes.
The USGS water study has said the Glen Canyon Aquifer does not have the 13,000
acre feet of water flowing into the Colorado River that was going to be used for future
large projects such as Lionsback. Approving any changes to Lionsback that require a
large quantity of water sometime in the future may require expenditures of millions of
dollars by the city for processing. The City should not jeopardize the possibility of
having a USU campus by allocating our last cheap water from the Glen Canyon Aquifer
to SITLA. Moab City does not have the money for alternative sources of water without
a contribution from developments such as Lionsback. No commitment should be made
until the USGS water study is completed in 2017.
Page 102 of 355
There is a moratorium on sewer connections. The City cannot commit to any type of
sewer service until at least 6 months and probably up to two years until after the new
plant is operating.
Moab City has many reasons to tell SITLA that a major or minor increase in hotel units
cannot be approved at this time.
Bill Love
2871 E Bench Rd
Moab, Utah 84532
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Begin forwarded message:
From: William Love t>
Subject: Road to Lionsback is a Death Trap
Date: December 10, 2016 at 10:49:02 AM MST
To: citycouncil@moabcity.org
Cc: council@grandcountyutah.net, Editor Moab Sun News <editor@moabsunnews.com>,
"zlevine@grandcountyutah.net" <zlevine@grandcountyutah.net>
Please Distribute
Road to LionsBack Resort will be a Death Trap for Bicycles
The road to Sandflats and the proposed Lionsback resort is steep and passes through
a narrow dugway through a hill that has no room for a shoulder. The road is currently
used by families on bicycles who cannot easily negotiate the steep road next to the
edge of the road. Many bicycles riders take an entire lane as they try to navigate
through the dug way.
Construction of Lionsback will require large trucks to transport materials to the building
site. Many of the trucks will be fully loaded and cannot stop on a steep hill for bicycle
riders trying to navigate the steep area in the narrow dugway on the road.
Moab City was negligent in prior years in approving Lionsback without requiring the
developer to provide safer access to the Sandflats area.
Moab City should not consider enlarging or even approving construction of Lionsback
prior to having the developer provide safe access for all users of the access road to
Lionsback
.
Bill Love
Note: SITLA tried to ignore Grand County’s Land Use Code during planning for
Cloudrock. Grand County told SITLA that the county would not provide occupancy
permits to buyers of homes that did not meet the county land use code. Nobody
wanted to go to court and SITLA agreed to using the county’s codes.
SITLA’s greed should not come before the safety of Grand County residents or tourist.
Page 103 of 355
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Begin forwarded message:
From: William Love
Subject: EPA Review of Lionsback Pollution of City's Aquifer
Date: January 1, 2017 at 11:41:55 AM MST
To: citycouncil@moabcity.org
Cc: council@grandcountyutah.net, "zlevine@grandcountyutah.net" <zlevine@grandcountyutah.net>
Please Distribute
The City of Moab in 2008 asked the EPA to review the problems associated with
possible pollution of ground water by the Lionsback Development. The attached
report is based on the EPA’s designation of the Glen Canyon Aquifers as Moab City’s
Sole Source Aquifer. The EPA concerns for possible pollution of Moabs City's drinking
water by a 50 room hotel are only increased by the current proposal to increase the
size of the hotel to 150 rooms.
The attached report clearly states that:
“Because the Glen Canyon Aquifer System is exposed at the surface within the
delineated Drinking Water Source Protection Zones, it is not protected from potential
contaminants spilled on the ground”
“In order to protect the City against potential problems that are difficult to regulate, it
may be possible to require a bond for the developments. Regulators require this of
mining and other types of projects. If the aquifer becomes contaminated, the City of
Moab and Grand County Water and Sewer Agency will be left with the expense of
treating the water in perpetuity. It can be very expensive”
The EPA review was completed in late 2008 after most of the review of the Lionsback
project was completed and probably did not receive adequate attention by the council.
The report made suggestions and asked several questions that need to be reviewed
prior to consideration of approving any agreement with SITLA. Increasing the size of
the development by three times will also increase the possibility of pollution of the Glen
Canyon Aquifer by three times.
Bill Love
2871 E Bench Rd
Moab, Utah 84532
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Begin forwarded message:Page 104 of 355
From: William Love <s >
Subject: Question for Lionsback Meeting Feb. 1,2017
Date: January 28, 2017 at 4:08:20 PM MST
To: citycouncil@moabcity.org
Does the city moratorium for commercial developments apply to Lionsback's request for 150 hotel rooms
and sewer plant on the aquifer?
Bill love
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Begin forwarded message:
From: David McLean <mclean777@gmail.com>
Subject: LIONSBACK RESORT DEVELOPMENT
Date: December 10, 2016 at 3:54:41 PM MST
To: citycouncil@moabcity.org
Dear Kyle, Rani, Heila, Kalen, and Tawny,
Please vote against any approval action concerning the proposed
Lionsback Resort Development until adequate public hearings can be
scheduled and held following this holiday season. In the spirit of
transparency, the citizens of Moab Valley deserve the opportunity to voice
their concerns or approval of this major development.
The Lionsback Resort Development, with its 150‑room hotel, 220
vacation homes/nightly rentals, and 30 employee housing units probably
presents the single‑most impact on Moab Valley than any other project
underway or planned in the foreseeable future. The impacts are significant:
Sewer: An obvious major impact based on the number of units, not to
mention the “car wash facility. Did we not just pass a moratorium on
future commercial hook‑ups?
Page 105 of 355
Road: During the construction phases alone, Sand Flats Road will
become a virtual ‘death trap’. The hikers, bikers, OHV drivers, tour groups
in hummers and jeeps, and citizens who frequent the recycle center, land fill,
and Sand Flats Recreation Area will be ‘road fodder’ for the construction
vehicles on this narrow, twisty road.
Water: This development will be another major user of water, water
that may or may not be available.
Visual: Lionsback Resort will be a visual sore, the first major blight, on
the East Rim even during the day. The impact at night, however, will
certainly light up Moab Valley more than we can imagine.
Please table this issue until our community has a chance to voice its
opinions.
Sincerely,
Dave McLean
Moab
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gmail.com.
Begin forwarded message:
From: "Jeff Pillus" >
Subject: Lionsback Resort
Date: January 26, 2017 at 10:52:19 AM MST
To: <citycouncil@moabcity.org>
Dear City Council:
Page 106 of 355
I am a licensed civil engineer and have dedicated my career to land planning in the southwestern US. This
experience has given me a thorough understanding of the impacts of projects and actions of planning
entities. The consequences of land planning decisions are often misunderstood. To say the Lionsback
project is “good” or “bad” for the community requires a thorough understanding of regional trends as well as
historical data from similar communities.
Moab is a desirable place to live and therefore will continue to grow. If properly guided, growth can bring
long term economic benefits to the community while minimizing environmental impacts. If the City of
Moab chooses to restrict additional housing and accommodations, visitors and residents will migrate to the
nearest available location. This is detrimental to the community in several ways. First, forcing visitors or
residents to commute to amenities or work, causes adverse pressures on both the local infrastructure and
environment by increasing traffic, sprawl, parking shortages, and emissions. I am genuinely concerned
that the recent opposition to hospitality projects in Moab is causing an overflow of land development to the
south in Spanish Valley. We have seen a significant uptick in land development projects south of Moab
while development in the City has waned. We will observe a substantial increase in traffic on Highway 191
in the coming years due to more people living and staying south of town rather than in the City. The
second impact is an increased parking demand in the City as people drive from the south valley. Third, is
an increase in unregulated camping on public lands. Campers colonize new areas of public land, then
drive to the city for restaurants, groceries, etc. The short sighted answer is to build a wider straighter
highway with more offstreet parking. Although this option is often popular to local communities, its
impacts, which include people driving more and further, greatly outweighs the benefits.
For further information please see the links below titled “Induced Demand” and “High Cost of Free
Parking.” Please take the time to study these subjects further as you will find that the prohibition of growth
is often damaging in the long term. I would be happy to speak on the subject if the Council, Planning
Commission, and City staff is interested in hearing more. The public may not immediately support
decisions that allow development, but smart growth is the responsible decision that needs to be made and
understood. It is essential that we guide inevitable growth so that it occurs near popular activity centers
such as Sand Flats Recreation Area.
I am respectfully requesting your support for the Lionsback Project as it is a wellplanned mixed use
community near the amenities where people want to be. It is smart growth.
Respectfully,
Jeff Pillus
Reference articles:
Induced Demand: https://en.wikipedia.org/wiki/Induced_demand
High cost of free parking: http://www.nytimes.com/2010/08/15/business/economy/15view.html?_r=0
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Begin forwarded message:
From: "Jeff's Personal Email"
Subject: Lionsback Resort Project
Date: January 6, 2017 at 2:54:52 PM MST
To: <citycouncil@moabcity.org>
To the City Council for the City of Moab:
I represent the ownership of a parcel of property within the vicinity of the Lionsback Resort project and I
would like to weigh in with my support for this project.
I have followed project for the last several years and feel the City’s approval for the project is and has
been in place for some time now. The plan for the project, as it was rightfully approved, is done in veryPage 107 of 355
good taste and addresses the concerns for the local environment and aesthetics. The minor recent
changes that Lionsback has designed into their project will only improve the overall aesthetics of the
project, the design conforms to the SAR zoning and seems to fit well within their existing approvals.
With the added benefit of the improvements to Sand Flats Road that will be accomplished and the
additional employment that will be generated from this project, the city and area should benefit
tremendously from this project. This project should be allowed to move forward expeditiously.
Sincerely,
Jeff Peterson
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council/011901d26867%2482ebd720%2488c38560%24%40frii.com.
3 attachments
Lionsback development and phasing agreement 2009.pdf
1850K
Lionsback PreAnnexation Agreement 2008.pdf
2611K
EPAFinalMoabMemo30September2008.pdf
157K
Page 108 of 355
Page 109 of 355
January 30,2017
Dear Kalen Jones,
I am writing this letter of strong support for the Lionsback Resort for several reasons: as a
citizen, businessman, and volunteer for the community.
Having worked with SITLA for over a decade and working at the County level to help solve the
affordable housing crisis, I can see that this is not getting the strong support that it merits for the
reasons set forth below!
I find the current situation with the City of Moab extremely concerning both as an observer and
one who also works to build the community.
From my point of view, the developer works to create a successful partnership over the years
with the City, SITLA, and financial partners to support a very risky; but highly visionary plan to
build a luxury resort on a parcel of land covered with trash, debris, A TV /jeep trails, an
dilapidated closed campground: and across the road from the Moab City Dump! Forming the
partnership to clean up the area in 2004; the developer then spends tens of thousands of dollars in
the process and negotiates with the City a long term plan for the project. And in 2008 the
detailed plan is approved between all the parties; including the City of Moab. Then later in the
year, real estate depression hits, which puts the development on hold. In the meantime, the
developer maintains the property, fencing, and keeps it free of debris. And now they are being
told to start over!?
WHY?? Because some feel the developer has done such a good job cleaning it up, it should be
left as it is? When there are dozens of square miles of open space just beyond the development!
And the Moab City Dump is across the street? Hummn.
And the concern about the water table/springs is totally misguided. Anyone with knowledge of
the area and walking the land; knowledge of hydrology, can clearly see that this is 'fishing' for
an argument! Please view the attached site plans. The first plat is the Skakel Spring aquifer
outlined in blue. The second plat is the proposed site plan for the Resort. By comparing the two,
it is clear that the only development near or on the aquifer is five storage sheds, the customer car
wash, and five employee housing units close to the most southern end of the aquifer. This is 2.5
miles from the spring and representing almost 1.5 square miles of untouched terrain. I estimate
the development within the aquifer to be 9,000 square feet out of a total of 43.3 million square
feet of the aquifer! I strongly believe that with most sensitive measuring tools, any impact could
not be detected!
My take on this is that any business wanting to do business with the City as a partner has to be
very careful and unfortunately this has a strong message to the USU-Moab/SITLA partnership as
well. This is very concerning!
I personally find the public comments addressed toward SITLA extremely unfounded and having
possible long term damage to the community's relationship to this very important stakeholder in
Page 110 of 355
Grand County. Over the years, I have worked with SITLA in Castle Valley several times, the
Lemon Lane Project, and now on the USU-Moab project for the past ten years; and I can say on
a personal basis that SITLA works hard to make a project work fairly for all parties involved,
including the community!
This lack of action on the part of the City toward SITLA and the developer is short sighted and
unfortunately could have long term negative impacts in other areas as well!
Looking at an argument: have you ever wondered why some of the people are speaking against
this project? Are they really trying to protect the future or current interest in the "black market"
of overnight rentals which already GREATLY negatively impacts the housing availability in
Moab! This project would be in direct and strong competition, to the "overnight" residential
rental market at a legal and commercial standard! I see and hear this problem all the time at the
County level. A perfect example is the Cottonwood Condos. When Suzanne Lewis and I were
selling these units on Williams Way, 100% were owner occupied. Today, there are 4 out of 32
units that are owner occupied due to conversion to the overnight market.
The developer and partners have offered to do stripping and other improvements to the Sandflats
Road at their expense and build an addition trail for bikers and hikers. Sandflats appears to be in
better shape and wider in this area than most of Spanish Valley Drive which handles for more
traffic! And remember that the 400 East/Millcreek Drive was at one time: Highway 191 ! And
300 South shares the same wide road characteristics (where we live)!. From a traffic point of
view, I believe most visitors which go up to the resort will do most of their activity in the
Sandflats and Loop Road! That is why they want to go to this resort location in the first place.
Having served for more than a decade on the Travel Council and a term as president of the Grand
County Convention Bureau, I know the need for a luxury resort close to town. It goes without
saying the huge positive impact this will have in City tax revenues!! And do not forget, SITLA
is a partner in the development as well and this would generate a continuous cash flow to the
schools of Utah long into the future. This is not the 'camper/fire pit' crowd, but businessmen
and families. And exposing them to Moab could also lead to future economic opportunities as
well. This is exactly how Synergy with over 80 employees ended up in Moab. After spending a
week at the Castle Valley Inn (Sistelita in those days), Mitchell May decided he would like to
find a path to stay in the Moab area and he did!
Honestly, I personally cannot understand what the problem can be. But I can clearly see what the
possible downside could become! I know Ms. Rebecca Davison questioned the plat redesign
which was done in order to improve the site design from the view of the road and the
enlargement of some of the rooms. But in the scope of the overall project, these are minor
changes: and improvements to boot! This as a multimillion dollar project which will not only
benefit the City, but SITLA and the County as well, and needs the partnership to CONTINUE
working together! Including the City of Moab!
Page 111 of 355
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Page 112 of 355
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2/10/2017 City of Moab Mail Lionsback Resort
https://mail.google.com/mail/u/0/?ui=2&ik=0bf0a4325f&view=pt&search=inbox&th=15a2a5a7f6cb3986&siml=15a2a5a7f6cb3986 1/2
Rachel Stenta <rstenta@moabcity.org>
Lionsback Resort
1 message
Eric Krch <eric.krch@soudermiller.com>Fri, Feb 10, 2017 at 4:27 PM
To: "citycouncil@moabcity.org" <citycouncil@moabcity.org>
Cc: "Mike Badger (badgermoab@gmail.com)" <badgermoab@gmail.com>
Mayor and Councilmembers:
My name is Eric Krch. I am a professional engineer registered in seven western states including Utah and have worked
in Western Colorado and Eastern Utah for over twenty years and have several active projects in the Moab area
presently. SMA my employer, maintains an office in Moab in the Uranium Building. SMA recognizes Moab’s dynamic
growth potential, as well as its diversity of recreational and cultural offerings as truly unique in the Western United
States.
Regrettably, I will not be able to attend the February 14th, 2017, meeting regarding the Lionsback Resort due to prior
commitments; otherwise, I would have made the following statement in person.
In regards to the Lionsback Resort, I have worked with Michael Badger on several highquality community value added
projects in Colorado since 1999. His vision and goals for the Lionsback Resort Project will provide a significant and
unique economic engine for Moab and the surrounding community that will strengthen the region’s economy and
employment opportunities. By providing employee housing onsite, this project will not impact the already strained
employee housing market and will set the standard for future developers when preparing development applications. In
other words, the Lionsback Resort is a forward leaning project the City of Moab can use to set precedent for future
growth management, while benefitting from this new economic engine.
To that end SMA would like to recommend the City Council approves the Lionsback Resort development.
Respectfully,
Eric L. Krch, P.E., C.F.M.
General Civil Business Line
Senior Engineer
AZ Engineering (24992), CO Engineering (28583), NM Engineering (19143), UT Engineering (74420402202), TX Engineering (115315), WY Engineering (15485)
CFM US1608893
Corporate Registrations: AZ Engineering/Geology/Surveying Firm (14070), SD Surveying Firm (C7436), TX Engineering Firm (8877), TX Geology Firm (50254), TX PST
CAPM (CS0000051), TX Surveying Firm (10162200), WY Surveying Firm (S1704)
Page 113 of 355
2/10/2017 City of Moab Mail Lionsback Resort
https://mail.google.com/mail/u/0/?ui=2&ik=0bf0a4325f&view=pt&search=inbox&th=15a2a5a7f6cb3986&siml=15a2a5a7f6cb3986 2/2
Souder, Miller & Associates
Engineering Environmental Surveying
529 25 ½ Road, Suite B101
Grand Junction CO 81505
www.soudermiller.com
(970) 9018568 (mobile)
Notice of Confidentiality and Privileged Status: This electronic mail message, including all attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged
information or otherwise may be protected from disclosure. Any unauthorized review, use, disclosure, distribution or actions which rely on the contents of this information is prohibited. If you are not the
intended recipient, please contact the sender and delete the message and any attachment(s) from your system.
Statement on Viruses and Harmful Software: While the message and attachment(s) have been scanned with antivirus software, SMA does not guarantee that this message or any attachment(s) is free of
computer viruses or other harmful software. SMA does not accept liability for any damages caused by any computer virus or other harmful software transmitted herewith.
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CY4PR1201MB02615B31E4755899254F242F9D440%40CY4PR1201MB0261.namprd12.prod.outlook.com.
Page 114 of 355
Moab City Resolution 13‐2017 Page 1 of 2
RESOLUTION 13-2017
A RESOLUTION OF THE MOAB CITY COUNCIL AND MAYOR
ESTABLISHING RENEWABLE ENERGY AND GREENHOUSE
GAS EMISSIONS REDUCTION GOALS FOR MOAB CITY
WHEREAS, Moab municipal government is responsible to promote the public health and safety
of its residents, including access to clean air, clean water and a livable
environment; and
WHEREAS, energy resources we utilize as a municipal government and community
significantly impact public health and safety, including the economic and social
well-being of current and future residents; and
WHEREAS, there is scientific consensus regarding the reality of climate change and the
connection between human activity, especially the combustion of fossil fuels that
create greenhouse gases (GHG), and warming of the planet; and
WHEREAS, Moab is already feeling the effects of climate change locally through increased
temperatures, and modeled changes in water systems, extreme weather events and
other disruptions will threaten our economy, residents and overall welfare; and
WHEREAS, the transition to a low-carbon community reliant on the efficient use of renewable
energy resources will provide a range of benefits including improved air quality,
enhanced public health, increased national and energy security, local jobs, reduced
reliance on finite resources and myriad other positive outcomes; and
WHEREAS many residents choose to live in Moab because of its natural amenities including
open space, clean air, reliable water, and moderate climate, and value the support
to our quality of life these natural amenities provide; and
WHEREAS, Moab’s current stable economy is based on it being a well-visited destination world
renowned for its natural setting, and we have an opportunity to broadly influence
dialogue on climate change; and
WHEREAS local governments are on the front line of climate change, community-based efforts
are nimble and able to address the impacts of climate change, and Moab is
committed to helping facilitate this transition alongside other national and
international communities that have prioritized addressing climate change by
investing in clean energy to enhance the well-being of current and future
generations; and
WHEREAS, emissions from electricity generation are a major component of both the municipal
and community GHG emissions for Moab; and
WHEREAS, other Utah cities are currently renegotiating their franchise agreements with our
electricity provider, the details of which may be of significant importance to
accomplishing our renewable energy goals, and which may influence the available
terms of Moab’s future franchise agreement; and
Page 115 of 355
Moab City Resolution 13‐2017 Page 2 of 2
WHEREAS, success will require the participation of a variety of stakeholders; an integrated
approach across city policy areas such as fiscal, energy, economic, and
infrastructure; and receptivity to new business models which allow open
participation in the development and financing of energy infrastructure; and
WHEREAS, access to the financial and environmental benefits of renewable energy must be
shared equally across all economic classes through such mechanisms as equitable
pricing structures, and community solar programs; and
WHEREAS, the Council acknowledges that proactively addressing the community’s desires to
achieve a more sustainable energy future requires a substantial investment in staff
resources and a significant financial commitment by the City.
NOW, THEREFORE, BE IT RESOLVED that the Moab City Council and Mayor adopt the
following goals for the City of Moab:
1. Community Greenhouse Gas Emissions Reduction Goal: 80% by 2040. Moab will ensure the
reduction of community greenhouse gas emissions by at least 80% by 2040, including a
reduction of at least 50% by 2032. This reduction will be relative to a 2018 community
emissions baseline, including emissions from energy use and transportation. Updated
community greenhouse gas emissions inventories will be published at least every three years
starting in 2018.
2. Renewable Energy Goals: 100% Renewable Electricity by 2032. Moab City will ensure the
transition to 100% renewable energy for its community electricity supply by 2032. The City
will also transition to 100% renewable energy for municipal operations by 2027, including at
least 50% municipal renewable energy by 2024. Progress on these transitions will be
published at least every other year starting in 2018.
Passed and Adopted this 14th day of February, 2017.
Page 116 of 355
February 10, 2017
Moab City Council
217 E Center Street, #100
Moab, UT 84532
Dear Council Members,
Our businesses write today in support of a Moab City Council resolution to establish climate
change goals.
Climate change is a difficult issue for many reasons, but we think it is time to acknowledge that
the resources of the earth are finite and the way we live matters. By setting goals now, we can
begin to transition to more sustainable practices without reducing our quality of life.
Other communities around the country and the state have come to the same conclusion and have
hired Sustainability Directors to manage this process, as have many of the companies that work
in the outdoor industry. These companies are working to improve supply chains and improve the
way they manufacture and distribute products of all types.
And since many of these products are being used in Moab every day, it is time for us to follow
the lead provided by both Park City and Salt Lake City, and set some sustainability goals here in
Moab.
Many of our businesses depend on the incredible landscapes around us and keeping those lands
healthy is critical to our economic success—not just to attract visitors, but also to continue to
bring quality of life recruits who are choosing to locate their businesses here in Moab.
By working towards carbon neutrality in all the activities of the city, from vehicles to buildings,
Moab City can set an example for all of us. We believe that the city should take the opportunity
to work with Rocky Mountain Power to set clear climate goals and use only renewable energy
and continue building on Moab’s current designation as a Green Power Community.
We thank all of you for your service and appreciate the opportunity to weigh in on this important
issue.
Most sincerely,
Don & Denise Oblak
Canyon Voyages
Michael Badger
Gonzo Inn
Dave Bodner
Miguel’s Baja Grill
David Knowles
Lost River Clothing
Page 117 of 355
Karl & Michelle Kelley
Desert Bistro
Brett Suteer
Moab Cliffs and Canyons
Scott Newton
Poison Spider
Cully Erdman
Slickrock Adventures
Carl Dec
Red River Adventures
Chuck & Judy Nichols
Nichols Expeditions
David Schipper
Outdoor Labs
Tracy Reed
Chili Pepper
Steve Markle
OARS
Emma Tejada
Sherri Griffith River Expeditions
Ashley Korenblat
Western Spirit Cycling
Christina Sloan
The Sloan Law Firm
Jacques Hadler
Moab Cyclery
Mark Sevenoff
Outerbike
B.C. Laprade
Milt’s Stop & Eat
Danielle Ballengee
Training Rx.com
Page 118 of 355
Page 119 of 355
Dear City Council Members,
M Kristin Westrum
1122 E. Holyoak Lane
Moab . UT 8./532 -3193
,.,.,.,
:,1.
\', t
t .::·.• -: :., '~--.... , ........ ,-.., ... ~··
1 February 2017
I am writing to ask you to vote in favor of the forthcoming resolution establishing renewable energy and
greenhouse gas emissions reduction goals in Moab.
Salt Lake City and Park City have already passed resolutions of this nature. I believe Moab should follow
their examp le for the following reasons :
Moab's i nfrastructure is already struggling to keep up with the demands on a system that was
designed to support far fewer people than we are experiencing with our booming tourist
economy. As we expand our faciliti es to accommodate an increasing number of "customers",
we have the opportunity to move away from fossil fuels and towards sustainability, a choice
that is hea lthier for both our planet and its inhabitants.
We have abundant sunshine! Why not use it?
Thanks to Salt Lake City and Park City, Rocky Mountain Power is already working on solutions for
their communities; the more communities who join this effort, the more cost effective their
solutions will be.
The transition to sustainable energy in Moab could create some excellent jobs in our
community, which is long on intellect and creativity and short on good-paying jobs.
Moab could not only serve as an example for other communities in the region, but to people
from communities around the country who visit.
Thank you for reading this letter, and for serving the City of Moab. I know yo ur jobs are fraught with
contention and conflict at times; please know how much your efforts are appreciated!
Sincerely,
d~--< --
' •,:,
Page 120 of 355
Bobbi Cronk
681 Doc Allen Dr.
Moab, UT 84532
January 28,2017
Moab City Council
Dear Heila, Kalen, Kyle, Rani, Tawny,
I am writing in support of I 00% Clean Energy Resolution for Moab. With our current
President's policies which will reverse the progress we have made in protecting our
environment, it is urgent for Moab to become independent of fossil fuels. It is our
responsibility as citizens to protect the air we breathe, our public lands, and our precious
water supply. Let us be a model for all the other Utah cities and the thousands of tourists
that visit us every year.
My husband and I are willing to help in any way we can.
Sincerely,
AGENDA SUMMARY
MOAB CITY COUNCIL MEET G
Agendaltem
#: 7-4
Title: Second Reading of the Draft Code Revision to Title 5, Chapter 5.09,
Special Event Permits
Staff Presenter: Amy Weiser, Community Services Director
Department: Community Services
Summary: The first reading of the proposed code revision occurred at the January 23, 2017
City Council meeting. The Council directed staff to continue revisions of various sections and
bring the draft back to this meeting for a second reading.
Staff met with Melissa Schmaedick of the Moab Folk Festival and Laura Brown of the Moab
Music Festival to discuss concerns and incorporate suggestions.
The Special Events Review Committee reviewed the proposed changes and provided
recommendations.
The following is a quick summary of the changes made since the last meeting.
•The special events are now broken down into two Levels, I and II. These Levels are
based upon impacts to city services and facilities. Level I applications and renewals
can be reviewed administratively with the Special Events Review Committee. New
Level II events must be reviewed and approved by Council.
•Different fees will be assessed for the different Levels of special events. At the
present time the typical fee for a special event application is $29 0.00. Staff
recommends the following fees for both new applications and renewals:
Level l-$250
Level II -$500
•New and revised definitions for non-profit organization, private event, Level I and
Level II special events, and vendors.
•Private events (as defined) are exempt from the requirement to submit a special
event permit.
Page 121 of 355
" F i r s t a m e n d m e n t e v e n t s ( a s d e f i n e d ) a r e e x e m p t f r o m t h e r e q u i r e m e n t t o s u b m i t a
s p e c i a l e v e n t p e r m i t u n l e s s t h e y m e e t t h e p a r a m e t e r s f o r a L e v e l I o r I I e v e n t .
" R e s t r u c t u r i n g o f t h e a p p l i c a t i o n p r o c e d u r e s e c t i o n a n d o r d e r o f s e c t i o n s .
O p t i o n s : T h e a m e n d m e n t t o T i t l e 5 d o e s n o t r e q u i r e a p u b l i c h e a r i n g , b u t t h e C o u n c i l h a s
t h e o p t i o n t o h o l d a p u b l i c h e a r i n g . T h e C i t y C o u n c i l m a y a p p r o v e t h e s e c o n d d r a f t a s
p r o p o s e d , a p p r o v e t h e s e c o n d d r a f t w i t h c h a n g e s , r e q u e s t c h a n g e s t o t h e s e c o n d d r a f t a n d
s c h e d u l e a t h i r d r e v i e w a t a f u t u r e C o u n c i l m e e t i n g , o r s e t a p u b l i c h e a r i n g d a t e f o r a f u t u r e
C o u n c i l m e e t i n g .
S t a f f r e c o m m e n d a t i o n : A p p r o v e t h e d r a f t a s p r o p o s e d , o r s e t a p u b l i c h e a r i n g d a t e f o r
r e v i e w o f t h e d r a f t a t a f u t u r e C o u n c i l m e e t i n g .
A t t a c h m e n t ( s ) : C h a p t e r 5 . 0 9 S e c o n d D r a f t
P a g e 1 2 2 o f 3 5 5
ORDINANCE #2017-3
AN ORDINANCE TO AMEND TITLE 5, CHAPTER 5.09 SPECIAL EVENT PERMITS TO
UPDATE EXISTING REGULATIONS AND PROCESSING FOR SPECIAL EVENTS
WHEREAS, the City of Moab ("City") adopted Chapter 5.09, Special Event Permits and
Business Licenses, of the Moab Municipal Code ("Code") to promote the health, safety, and
enforcement of special events within the City limits of Moab; and
WHEREAS, Moab City recognizes the need to periodically update existing codes to reflect
changing conditions and to improve customer service; and
WHEREAS, the City recognizes the need to update Chapter 5.09 to create a clearer application
process and strengthen regulations; and
WHEREAS, the citizens of Moab desire a balance between tourism and quality of life as it
relates to impacts of special events; and
WHEREAS, the City finds that the existing code can be confusing, contradictory and does not
provide clear and objective standards for approval, denial or application process; and,
WHEREAS, Council considered the merits of Ordinance #2017-3 and reviewed the
recommendations from staff during a regularly scheduled meeting on February 14, 2017; and,
NOW, THEREFORE, Council hereby declares and ordains that the following changes to
Chapter 5.09 are adopted and in effect on this day of passage. The specified code chapter and
sections are amended as noted in the attached Exhibit A.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab
City Council on the ___ day of ______ , 2017.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel Stenta, Recorder
Page 123 of 355
Sections:
5.09.010 Definitions
Chapter 5.09
SPECIAL EVENT PERMITS
5.09.020 Permit requirements, exceptions
5.09.030 Renewal of permits
5.09.040 Application procedure
5.09.050 Conflicting permit applications
5.09.060 Grounds for denial.
5.09.070 Appeal procedure
5.09.080 Fees to be assessed, exceptions.
5.09.090 Sales tax collection.
5.09.100 Permit revocation, grounds and penalties.
5.09.010 Definitions.
Applicant. The person, or group of people, who is, or are, the organizer(s) and with whom the
responsibility for conduct of the event lies. The Applicant signs the Special Event Permit
application and all other documents relevant to the event. Tne applicant is required to attend the
debriefing meeting held at the conclusion of the event.
Charitable organization. See Non-profit organization.
Concessions. See Vendors
Debriefing. Meeting held by the Special Events Review Committee within five business days of
the close of the event. Attendance of the a1>plicant at this meeting is mandatory.
Fees. Charges assessed by Moan City for pennitting, staffing, equipment use/rental, property
use/rental, set-up, clean p, inspections, public employees, or public equipment assessed to a
Special Event and established within the event permitting process. See section 5.09.080.
First amendment event. An activity conducted for the purpose of persons expressing their
political, social, religious, or other views protected by the First Amendment to the United States
Constitution and Article 1, Section 15 of the Utah Constitution, including but not limited to
speechmaking, picketing, protesting, marching, demonstrating, or debating public issues on any
City street or other property during the event. 'First Amendment Events' shall not include:
A.Solicitations or events which primarily propose a commercial transaction;
B.Rallies, races, parades or events conducted with motor vehicles or bicycles;
C.Footraces.
Mass gathering. Please contact the Southeastern Utah District Health Department for all
information about mass gathering permits and food handling permits.
Page 1 of 9
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Page 125 of 355Non-profit organization. A nonprofit organization created and operated for purposes that benefit the public interest, such as educational, scientific, religious and artistic purposes. Charitable organizations that meet the requirements of Internal Revenue Code 501(c)(3) are exempt from federal income tax and are eligible to receive tax-deductible charitable contributions. Permittee. The Applicant, as defined above, becomes the "Pennittee" when the Special Event Permit is signed by the Special Events Committee or City Council upon meeting all the criteria in this Chapter. As the permit holder, the Pennittee becomes the sole proprietor of the event and inherits the responsibilities connected with all licenses and permits, fee assessments, and insurance liabilities connected with the permitted event. Private event. A private event held on private property, or city park property for which a park permit has been obtained, that is fully self-contained and does not impact city services or facilities. In the event the private event becomes a public nuisance or creates a safety hazard the Moab City police has the authority to intervene. Sales. See Vendors. Special event. A sporting, cultural, entertainment or other type of unique activity, whether held for profit, nonprofit or charitable purposes, occurring for a limited or fixed duration, not to exceed two weeks, that impacts the City by involving the use of, or having impact on, City property, or requiring City licensing or services beyond the scope of normal business and/or liquor regulations, as defined by this Code; or creates public impacts through any of the following: A. Necessity for partial or rolling street closures B. Necessity for full street closures C. Vendor sales or concessions, D. Use of amplified sound a~ove that defined in Chapter 17.74 of the Moab Municipal Code. E. Charging an entrance or ticket fee for the event. Any organized activity involving the use of, or having an impact on, the above shall require a pennit as outlined in Section 5.9.040 of this Code. Event levels are determined based on degree of City impacts including but not limited to: anticipated attendance, use of amplified sound, transportation ana. parking. Any event may be defined as the following: A. Level I event 1. The attraction of crowds less than 200 people per day and one or more of the following: a. Necessity for partial or rolling street closures; and/or b. Vendor sales or concessions; and/or, c. Use of amplified sound above that defined in Chapter 17. 7 4 of the Moab Municipal Code; and/or d. Charging an entrance or ticket fee for the event. Page 2 of9
Page 126 of 355B. Level II event. 1. The attraction of crowds greater than 200 people per day and one or more of the following: a. Necessity for full street closure; and/or, b. Vendor sales or concessions; and/or, c. Use of amplified sound above that defined in Chapter 3 of this Code; and/or, d. Charging an entrance or ticket fee for the event. Special Events Review Committee. A committee made up of representatives from City departments including but not limited to police, parks, public works, and a representative from the Health department, fire department, and a county special events representative. The Special Events Coordinator or his/her designee shall be the chair of this committee Special Events Coordinator. The city employee, designated by the Community Services Director and/or the City Manager, which administers the provisions of this Chapter. Street closure. The deliberate blockage of any public street or City owned parking facility to prohibit the flow of traffic or access of vehicles. Any event with a full street closure shall require a Level II special event pennit Substantial Change. Changes to an existing even that cause the need for a different review level or cause the need for review by the City Council. These changes include, but are not limited to, need for street closures, increased need for police support, change in duration, a significant increase in anticipated attendance, addition of vendor sales or concessions. Vendors. The selling of food, beverages, souvenirs, or copyrighted or logoed event memorabilia at a permitted event. This includes all sales of merchandise from outside vendors other than the applicant; it does not include self-P,romotional sales of memberships in the organization. Venue. The location or locations upon which a Special Event is held, which may include ingress and egress routes identified by the Applicant in the Special Event Permit application and/or included as part of the conditions of the Special Event Permit. 5.9.020 Permit requirements; exceptions. A. Permit required. It is unlawful for any person to conduct a Special Event with or without charge or admission, on public or private property, without first applying for and being granted a Special Event Pennit for the specific event and its venue(s). All pennits issued pursuant to this Title are non-transferrable and expire at the completion of the given event, or upon revocation, whichever is earlier. B. Exceptions. 1. Funeral processions by a licensed mortuary; 2. Activities lawfully conducted by a governmental agency within the scope of authority; 3. Permitted Filming activities; Page 3 of 9
Page 127 of 3554. Private Events defined in section 5.09.010 5. First Amendment event that does not meet the parameters for a Level I or II event. 6. School sponsored activities on school property 5.9.030 Renewal of permit(s). A. Applications for renewal shall follow the application submittal process outlined below in 5.09.040. 1. Permittees under the provisions of this Chapter who successfully operate a Special Event under the provisions of this Chapter and who wish to have the event on an annual or periodic basis, can request renewal during the debriefing meeting. 2. If a positive recommendation is given by the Special Events Review Committee the applicant's dates for next year will be reserved and their application for renewal may be submitted. 3. Event levels will be detennined throuw the renewal process, regardless of recurrence or previously detennined event levels. 4. An application for renewal is subject to denial if the previous years event resulted in negative impacts or violations as documented by the Special Events Review C01mnittee. 5.09.040 Application Procedure. A. All requests for Special Event Permit(s) shall be made on a Special Event application prescribed by the city. Application materials are available at City Hall and online at the city's website, and must be completed and submitted to the Special Event Coordinator according to the deadlines below unless otherwise approved by the City Manager, or by the Special Event Coordinator or his/her designee, upon a showing of good cause. 1. Not less than sixty (60) days prior to the scheduled opening of any Level I Event. 2. Not less than ninety (90) days prior to the scheduled opening of any Level II Event. B. Additional documentation required may include: 1. Insurance coverage, waiver and release of damages and indemnification 2. Supplemental documents, including a transportation and traffic control plan, safety plan indicating location of first aid stations, exit routes, and command station. 3. Food service vendors must obtain food service pennit from local Health Department Page 4 of9
Page 128 of 3554. Proof that the applicant has obtained any applicable city, county, state or other governmental agency approvals, pennits or licenses. 5. Any other documentation deemed necessary. C. Administrative review. a. Authority. The Special Events Review Committee shall review and shall have the authority to administratively approve, approve with conditions, or deny the following applications: 1. Level I applications and renewals; 2. Level II applications for renewals with no substantial changes from the previous year's event. b. Review and recommendation. Upon receipt of a complete Special Event Permit application and accompanying fee, the Special Events Coordinator shall: 1. Schedule the application for review by the Special Events Review Committee. 2. The Special Events Review Committee, shall approve, approve with conditions or deny the application in accordance with this chapter. 3. Written notice of the decision shall be delivered to the applicant within five (5) business days of the date of decision. D. City Council Review. a. Authority. The Moab Cify Council shall review and either approve, approve with conditions, or deny all of the following applications: 1. Applications for new Level II Events. As used herein, a 'new Level II Event' shall mean any Level II Event being proposed for the first time, 2. An event renewal of a Level I Event that now qualifies as a Level II Event 3. Applications for Level II Event permit renewals where material elements of the event have substantially changed from the previous application. 4. A Level II Event which was not renewed for a period exceeding one ( 1) year. 5. Appeals of administrative decisions made pursuant to Subsection (E), Administrative Review, herein below. b. Review and recommendation. Upon receipt of a complete Level II Event application, as detennined by the Special Events Coordinator, and accompanying fee: 1. The Special Event Coordinator shall schedule the application for a review by the Special Events Review Committee. Page 5 of 9
Page 129 of 3552. The Special Events Review Committee shall review the application for compliance with this chapter and recommend either approval as is, approval with changes and/or conditions, or reasons for denial. 3. The Special Events Coordinator shall notify the applicant of the Special Events Review Committee's recommendation to Council and the date the application will be scheduled before the City Council. 4. The application shall be heard at a duly noticed public meeting. The City Council shall review the application for compliance with the standards set forth in this chapter. 5. Written notice of the City Council's decision shall be delivered to the Applicant within ten (10) days of the date of decision. 5.09.050 Conflicting permit applications. The Special Events Committee has the authority to deny an application for a Special Event if it falls on the same dates as an event that has already been approved A. Upon receipt of an application by the Special Events Coordinator if it is found that another event has already been approvoo for the requested dates the applicant shall be notified and given the opportunity to change their event dates so as not to conflict with any other event. If they elect not to choose their dates, the decision to allow two events on the same dates will be made by the Special Events Committee. The Special Events Committee will make this determination based upon the following: 1. The Special Events will adversely impact one another and that concurrent scheduling of the events will adversely impact the public health, safety, and welfare of the citizens of Moab 2. Geogr:aphic separation of the Special Events; 3. Proposed time and duration of the Special Events; 4. Anticipated Special Event attendance volumes; 5. Necessity for public personnel, equipment, and/or transportation services at the Special Events; and 6. Anticipated traffic and parking impacts of the Special Events. 5.09.060 Grounds for denial. The Special Events Coordinator or his/her designee, the Special Events Committee or City Council may deny or restrict any Special Event whenever any of the conditions enumerated in this Section cannot be eliminated or sufficiently mitigated to ensure public safety Page 6 of 9
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Page 132 of 3552. Applicants who fail or refuse to comply with this chapter, the municipal code, or permit conditions imposed by the city. 3. Any violation of the Utah Beverage Control Act. 4. False, inaccurate, or misleading statements by the applicant in the application for a business license, or any supporting documentation; B. Grounds and penalties. 1. Violation of this section may be punishable, at the election of the city, as a Class C misdemeanor, as defined under the Moab Municipal Code or the Utah Code, or by civil action to enjoin or abate the violation. Proof of a violation of this section shall be sufficient to obtain an injunction. In the event of civil enforcement, the city may recover its reasonable attorney fees and court costs against the violator. 2. Expedited judicial remedies are expressly authorized where violations of this chapter or the municipal code present an imminent risk to public health, safety, or welfare. Page 9 of 9
AGENDA SUMMARY
MOAB CITY COUNCIL MEET NG
Agenda. ltem
#: 7-5
Title: First Reading of the Draft Code Revision to Title 10, Chapter 10.04 Vehicle Code,
to adopt state regulations on regulations on off highway vehicles and street legal A TV /UTV'S
and to place a maximum speed limit on street legal ATV/UTV/Motorcycles on specified
streets within city limits
Staff Presenter: Steve Ross, Interim Police Chief and Amy Weiser, Community Services
Director
Department: Police Department / Community Services
Summary: In an effort to alleviate impacts to residents of noise from street legal
ATV /UTV's on streets adjacent to residential neighborhoods, it was determined that the City
can impose a maximum speed limit on certain streets within City Limits. This maximum
speed limit will only apply to street legal ATV /UTV's on streets frequently used to access
popular off-road trails.
Speeds will be enforced by the Moab City Police Department just as for any other street legal
vehicle. Maximum speed will be posted with signs similar to thos� attached to this agenda
summary.
In addition, the revised code adopts state regulations and definitions for off highway vehicles
and street legal ATV/UTV's
Options: The amendment to Title 10 does not require a public hearing, but the Council has
the option to hold a public hearing. The City Council may approve the first reading as
proposed, approve with changes, request changes and schedule a second reading at a future
Council meeting, or set a public hearing date for a future Council meeting.
Staff recommendation: Approve Ordinance #2017-6 as proposed.
Recommended Motion: "I move to approve Ordinance 2017-6 as proposed."
Attachment(s): Ordinance #2017-6 and update to Chapter 10.04 Vehicle Code
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PL-17-28
Agenda Summary
Moab City Council
February 14, 2017
Agenda Item
#: 7-6
Title: Consideration to Adopt Resolution #03‐2017, Approving a Conditional Use Permit Concerning
Housing on the Ground Floor for the Mill Creek Multi‐family Housing Project on Property Located
at 1780 East Mill Creek Drive in the C‐4, General Commercial Zone
Staff Presenter(s): Jeff Reinhart, City Planner
Department: Planning and Zoning
Applicant: Mike Bynum, Mike Hogan
Background/Summary:
The City originally received this application in April 2015. On September 24, 2015, the Planning
Commission conditionally approved the site plan and the parking exception for this housing project.
Resolution #09‐2015 established three conditions for the approval of the site plan. Those included:
1.A traffic study shall be submitted and approved prior to issuance of a building permit;
2.A conditional use permit for housing on the ground floor shall be approved by the City Council;
3.A new site plan showing the adjusted parking of 1 space for each single bedroom and studio unit and
1.5 spaces (54 additional spaces) for all other units shall be submitted for review by the Planning
Commission
The traffic study was submitted with the amended site plan. On November 10, 2016, the amended site
plan was reviewed by the Planning Commission. The plan showed the changes to the parking with the
granted exception to off‐street spaces, and the required increase in additional spaces for the multi‐room
units. Planning Resolution #17‐2016 recommended that Council approve the conditional use permit with
the conditions:
1.The buildings cannot be located any closer to the property line than currently shown along the
northern and eastern boundaries; and
2.The property line on the south side parking area will be adjusted to be part of the development
parcel.
The attached site plan is an updated version with the additional parking spaces to be included on the
site. Staff has reviewed the space count and determined that the requirement for the additional number
of parking spaces has been satisfied. In addition, the buildings located along the northern property
boundary have been relocated to the south to create an open space of up to forty feet in that area as a
buffer to the adjacent properties. The site plan was approved by the Planning Commission in accordance
with Chapter 17.09.660‐17.09.665.
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2
The final step for this project is the Conditional Use Permit (CUP). Dwellings and apartment houses
require conditional use approval as noted in MMC Chapter 17.27.020, Use regulations, (27).
Recommendation of approval of the CUP to City Council was made contingent upon the Planning
Commission receiving the amended site plan that was provided by the applicant.
On November 22, 2016, the Council had their first look at the project and established a public hearing
date for January 10, 2017. The application was tabled until February 14, 2017, so Council could have
time to review the applicable code sections and submittals.
In addition to the parking spaces, the site plan shows that the buildings have been relocated on the
property. They have been moved to the south and into the property to provide a twenty‐five to forty
foot separation from the northern property line.
The review standards are described in Chapter 17.09.530, Conditional uses. Resolution #03‐2017
contains the findings of the Planning Commission to consider in approving the Conditional Use
Application.
Process
Moab Municipal Code (MMC) Section 17.27.020 (27) states “Dwellings and apartment houses require
conditional use approval as described in Chapter 17.09.530, Conditional uses. MMC Section 17.09.530 is
attached for your convenience.
Staff Recommendation: Staff recommends that the City Council adopt Resolution #03‐2017 to approve
the conditional use permit for dwellings on the ground floor with the conditions listed below:
1.The buildings cannot be located any closer to the property line than currently shown along the
northern and eastern boundaries; and
2.The property line on the south side parking area will be adjusted to be part of the development
parcel.
Recommended Motion: I move to adopt Resolution #03‐2017 to approve the conditional use permit for
dwellings on the ground floor with the following conditions:
1.The buildings cannot be located any closer to the property line than currently shown along the
northern and eastern boundaries; and
2.The property line on the south side of the parking area will be adjusted to be part of the
development parcel.
Attachment(s): Applicant’s Narrative
Amended Plan
Deed Restriction Proposal
Building Elevations
Aerial
Draft Council Resolution #03‐2017
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3
Addendum of Code Chapters
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4
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5
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6
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7
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8
(DRAFT)
CITY OF MOAB
RESOLUTION #03‐2017
A RESOLUTION CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT FOR A MULTI‐FAMILY
DEVELOPMENT WITH DWELLINGS ON THE GROUND FLOOR IN THE C‐4 (GENERAL COMMERCIAL ZONE)
ON PROPERTY LOCATED AT 1780 EAST MILL CREEK DRIVE
WHEREAS, Mr. Mike Hogan of Mike Hogan and Associates Construction, with offices at 940 N 1250 W,
Centerville, Utah 84014, as the “Owner” of record of a 6.56 acre parcel of land located in the C‐4
(General Commercial Zone) at 1780 East Mill Creek Drive, Moab, Utah, 84532, has applied for the
approval of a Site Plan to construct multi‐family rental dwellings on the described property; and
WHEREAS, Moab Municipal Code (MMC) Chapter 17.27.020, Use Regulations (27), requires City
approval of apartments and dwellings in accordance with MMC 17.09.530, Conditional use permits; and
WHEREAS, Owner is proposing to construct work force housing rental units and the associated parking
and open space on the property described above; and
WHEREAS, Owner is proposing to construct sufficient parking to include one (1) space per single
bedroom and studio units and one and one half (1.5) spaces for all additional units, for a total of 234
parking spaces to be used by the residents of the development as allowed under an approved parking
exception as permitted in MMC 17.09.220 Q; and
WHEREAS, Owner provided the City of Moab with the necessary documents, plans and drawings to
complete the application for review of the site plan as required by MMC Sections 17.09.530; and
WHEREAS, the City of Moab Planning Commission (“Commission”) reviewed the site plan during a public
hearing in a regularly scheduled meeting on September 24, 2015, to hear evidence of compliance with
the requirements of the pertinent code provisions; and
WHEREAS, at said meeting, the Commission tabled the action of adoption of Resolution #09‐2015 until a
revised site plan was submitted that showed the amended parking plan with “54 additional spaces”; and
WHEREAS, on November 10, 2016, in a regularly scheduled meeting, the Commission reviewed the plan
and Resolution #17‐2016 to conditionally recommend the conditional use permit for dwellings on the
ground floor to the City Council; and
WHEREAS, the Commission, having discussed the pertinent aspects of the development and considered
the Staff recommendation, found that the proposed use satisfies the requirements established in MMC
Chapter 17.09.530, Conditional use permits, and has met the requirements of Title 17.09.531, Conditions
for approval of specific conditional uses, as follows:
1.The proposed conditional use and accessory uses are compatible with adjacent existing uses and
other allowed uses in the zoning district.
2.The proposed use has incorporated design features sufficient to protect adjacent uses.
3.The proposed use is not detrimental to the public, health, safety and welfare.
4.Adequate public services are available without reduction of services to other uses.
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9
5.Proper maintenance of the site shall be provided.
6.The conditional use shall conform to all regulations of this code.
7.The use is consistent with the City of Moab General Plan as amended by Resolution #15‐2009.
8.The applicant has demonstrated that site impacts within the property as well as adjoining
properties have been reasonably mitigated appropriate to the topography of the site.
9.The plans are in accordance with the requirements of MMC Chapter 17.09.531, Conditions for
approval of specific conditional uses.
WHEREAS, the Moab City Council held a public hearing in accordance with MMC 17.09.530 on January
10, 2017, to review the conditional use permit for dwellings on the ground floor and discuss the
pertinent aspects of the development for compliance with MMC Chapter 17.09.531, and agreed with
the Planning Commission and found that the proposed use satisfies the requirements established in the
Moab Municipal Code.
NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #03‐2017
conditionally approves the application for dwellings on the ground floor to be located at approximately
1780 East Mill Creek Drive in the C‐4 Zone with the following conditions:
1.The buildings cannot be located any closer to the property line than currently shown along the
northern and eastern boundaries; and
2.The property line on the south side parking area will be adjusted to be part of the development
parcel.
ADOPTED AND APPROVED by action of the Moab City Council in open session this 14th day of February,
2017.
ATTEST:
Rachel Stenta Dave Sakrison
Moab City Recorder Mayor
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10
Addendum:
17.09.530 Conditional use permits.
A. General. “Conditional use” means a land use that, because of its unique characteristics or
potential impact on the city, surrounding neighbors, or adjacent land uses, may not be compatible
in some areas or may be compatible only if certain conditions are required that mitigate or
eliminate detrimental impacts. If the reasonably anticipated detrimental effects of a proposed
conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable
conditions to achieve compliance with applicable standards, the conditional use may be
denied. Conditional use permits may be approved for the uses indicated in the use regulations of
the zoning district of the property for which the conditional use permit is requested.
F. Planning Commission Review Criteria and Processing. In reviewing a conditional use, the
planning commission shall utilize the criteria listed in subsection (H) of this section.
1. Public Hearing Required. The planning commission shall hold a public hearing on any
application for a conditional use permit prior to taking any final action on the
application. The notification requirements shall be followed as listed in subsection (G) of
this section.
2. The criteria listed in subsection (H) of this section shall be used to evaluate the proposal.
3. The planning commission shall convey its recommendation and express its findings to city
council by adoption of resolution.
G. City Council Processing and Review Criteria. In reviewing a conditional use application, the city
council shall utilize the process and criteria listed below.
1. Public Hearing Required. The city council shall hold a public hearing on any application for
a conditional use permit prior to taking any final action on the application.
2. Notification Requirements. The city recorder shall cause notice of the public hearing of the
city council to be given by publication in a newspaper of general circulation in the city of
Moab without the necessity of notifying property owners by mail. Such published notice
shall state the time and place of such hearing and the nature of the subject to be
considered and the hearing date shall be at least fifteen days from the date of publication.
H. Conditions of Approval. Both the planning commission and the city council shall use the following
criteria in reviewing conditional use permit requests. It is specifically understood that certain
criteria listed below may not apply to a particular application and that failure to meet one or more
of the applicable criteria may be cause for denial. In accordance with state law, the applicant
shall adequately demonstrate that the criteria have been met:
1. The proposed conditional use and accessory uses are compatible with adjacent existing
uses and other allowed uses in the zoning district. Such compatibility shall be expressed in
terms of appearance, architectural scale and features, site design and scope, landscaping,
as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas,
dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other
undesirable or hazardous conditions.
2. The proposed conditional use has incorporated design features sufficient to protect
adjacent uses including but not limited to: service areas, pedestrian and vehicular
circulation, safety provisions, access ways to and from the site, buffering, fencing, and site
building placement.
3. The proposed use is not detrimental to the public, health, safety and welfare through
effective management or prohibition of outdoor storage, a required sewer connection, and
proper disposal of waste.
4. Adequate public services such as streets, off-street parking, pedestrian facilities, water,
sewer, gas, electricity, police, fire, and EMS protection must be available without the
reduction of services to other existing uses.
5. Provisions for proper maintenance of the building, parking and loading areas, drives,
lighting, signs, landscaping, etc., shall be provided.
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11
6. The proposed conditional use shall conform to all regulations of this code concerning
adopted plans, hours of operation, policies and requirements for parking and loading,
signs, highway access, and all other applicable regulations.
7. The use is consistent with the city of Moab general plan as amended.
8. The applicant must demonstrate that site impacts within the property as well as adjoining
properties have been fully mitigated appropriate to the topography of the site. The review
of impacts include, at a minimum, slope retention, flood potential, and possible damage to
riparian or hillside areas.
9. After considering the public comment relating the criteria listed above in relation to the
requested conditional use permit, the planning commission shall adopt a resolution stating
their findings of the applicant’s demonstrated ability to meet the criteria for a conditional
use permit. Approval or denial of the application by the city council shall be memorialized
in the minutes of the meeting. A determination that the applicant has not met one or more
of the applicable criteria shall be sufficient to deny the request. The planning commission
and the city council, respectively, may establish additional conditions of operation, location,
arrangement and construction in the issuance of a conditional use permit if deemed to be in
the public interest or to assure compliance with other aspects of the Moab Municipal Code.
I. Records. A file containing all documents relevant to the application and disposition of such
conditional use permits shall be maintained by the Moab planning department.
J. Maximum Density. The maximum density allowed by a conditional use permit shall be no greater
than that permitted in the underlying zone district.
K. Specific Performance. Action authorized by approval of a conditional use permit must commence
within one year of the time the permit is issued. If the permit holder has not commenced action
under the permit within this time, the permit shall expire and the holder must apply for a new
permit. The planning commission may grant a one-time six-month extension for good cause
shown. In order to obtain an extension, the permit holder must apply for the extension in writing
before the expiration of the original permit. The application must be submitted to the zoning
administrator with a description of the cause for requesting the extension.
L. Permit Revocation.
1. The city council may revoke the conditional use permit of any person upon a finding that
the holder of the permit has failed to comply with any of the conditions imposed at the time
the permit was issued. The city recorder shall cause notice of the revocation to be sent to
the holder of the permit and the holder of the permit shall immediately cease any use of the
property that was based on the conditional use permit. Violation of this clause shall invoke
Section 17.78.030.
2. If the city council revokes a permit under this section, the holder of the permit shall have a
right to appeal the revocation. The holder must file the appeal with the city recorder within
fifteen days of the date of the notice that the city has revoked the conditional use permit.
3. Upon receipt of the appeal, the city council shall set a hearing on the appeal at its next
regularly scheduled meeting which is more than fifteen days after the time the city recorder
received the appeal. The city shall supply the permit holder of the time, date and place of
the hearing at least fifteen days before the hearing. At the hearing, the permit holder shall
have the right to be heard on the revocation.
M. Appeals.
1. Any person adversely affected by the final decision of the city council pursuant to this
chapter may appeal that decision to the Grand County district court.
2. A judicial action seeking review of a decision by the city council must be filed no later than
thirty days from the date of the final decision that is the subject of the action or legal
claim. Any action commenced beyond that time shall be subject to summary dismissal.
3. Review of any conditional use permit application shall be based upon the record of
proceedings before city council. Upon the commencement of a judicial appeal challenging
any decision under this chapter, the city shall transmit to the district court true and correct
copies of all submittals, testimony, orders, and file documents comprising the record
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12
pertaining to the application, including any transcript or tape recordings of
proceedings. (Ord. 2016-02 (part), 2016; Ord. 12-09 (part), 2012; Ord. 12-05 (part), 2012;
Ord. 11-09 (part), 2011; Ord. 11-01 (part), 2011; Ord. 10-13 (part), 2010; Ord. 10-06 (part),
2010; Ord. 08-05 (part), 2008)
17.09.531 Conditions for approval of specific conditional uses.
(1) Dwellings in the C-4 Commercial Zone. All single-family and two-family dwellings shall be subject to
the following requirements:
A. Minimum wall dimensions of the principal structure, excluding garage, shall be twenty-four feet.
B. All principal residential structures shall:
1. Be placed on a slab-on-grade or perimeter foundation as approved by the building
department;
2. Have a wood, brick or stucco exterior, or a material that looks similar to wood, brick or stucco;
3. Have a minimum 4:12 roof pitch and a one foot overhang (structures constructed in the
traditional southwest Spanish style are exempt from this requirement);
4. Allowed accessory structures shall not exceed twenty-five percent of the rear yard;
5. Buffering is required in accordance with other provisions of this chapter;
6. Minimum Setbacks for Residential Structures in the C-4 Zone.
Minimum Setbacks for Residential Structures in the C-4 Zone
Front yard 30 feet
Side yard 15 feet
Rear yard 20 feet
Page 151 of 355
1
LEGAL SERVICES AGREEMENT
In consideration of the mutual promises and performances herein, Dufford, Waldeck,
Milburn & Krohn, LLP, a Colorado limited liability partnership (“Law Firm”), and the City of
Moab, a Utah municipality (“Client”), agree to undertake legal representation as follows:
1. Scope of Representation. Law Firm agrees to represent and provide legal services
to Client in connection with civil municipal matters. Representation may include attending City
Council or other public meetings; appearing on behalf of the City of Moab in courts or before
administrative bodies; drafting contracts, ordinances, resolutions, memoranda, deeds, or other
legal documents; providing opinion letters; responding to questions from, and providing advice
to, the City Manager, Mayor, City Council members, and/or City staff; and the like. The scope
of representation will be controlled by the Client, who will act primarily through the City
Manager. The Mayor and members of the City Council may request specific legal services as
may be applicable to their respective roles, and as may be necessary from time to time.
a. As authorized by City of Moab ordinances, Law Firm may retain or
consult with outside legal counsel who may provide specialized counsel on particular legal
matters. Additionally, Law Firm will coordinate representation with other attorneys who may
provide services to the Client, including outside insurance counsel. All such outside counsel
arrangements shall be authorized by the City Manager in advance.
b. Criminal matters, including prosecution and defense of municipal criminal
actions, are excluded from the scope of services under this agreement.
2. Length of Contract. While both parties acknowledge that this contract is
terminable at any time (see Sections 7 and 8) for any reason, for the purpose of recognizing the
need to create accountability by establishing a point in time when the Law Firm will be evaluated
for its services, this contract shall be in effect for a period of one year, beginning February 15,
2017, and ending February 14, 2018. It may be renewed for additional one-year terms upon the
mutual agreement of both parties and upon the completion of a formal evaluation by the City
Manager, in consultation with the City Council and Mayor. Nothing in this Agreement shall be
deemed to abrogate Moab Municipal Code Section 2.28.010 (pertaining to appointment).
3. Billing Rates for Legal Services. Law Firm will bill Client, on a monthly basis,
for all time spent providing professional legal services in connection with the legal matters
covered by this agreement. Billing statements shall specify in reasonable detail the tasks
performed and all time associated, in addition to all other fees and costs.
a. The primary attorney handling this matter will be appointed City Attorney,
Christopher G. McAnany. Client will be billed at the rate of two hundred twenty five dollars
($225.00) per hour for all legal services provided by Mr. McAnany. Where appropriate, Law
Formatted: No underline
Page 152 of 355
2
Firm may delegate tasks to associate attorneys and paralegals. Associate attorneys and paralegals
will be supervised by Mr. McAnany. Associate attorneys will be billed at two hundred dollars
per hour ($200.00) and paralegals will be billed at one hundred twenty five dollars ($125.00) per
hour.
b. Upon request, Law Firm will provide estimates of expected legal costs to
be incurred, as necessary for budgeting purposes.
4. Reimbursement of Costs. The Client shall be responsible for reimbursement and
payment of all costs incurred by Law Firm in connection with legal representation. Without
limitation, costs and expenses may include recording and documentary fees; computerized legal
research charges; fees for court filings; jury fees, expert witness fees, and consultant fees; court
reporter charges; copying charges; process server charges; transcript costs; and lodging/travel
costs.
a. Law Firm will not bill the following as separate costs: first class U.S. Mail
local and continental U.S. long distance telephone charges; U.S. long distance fax charges; and,
copying tasks of less than 100 copies. Law Firm charges as itemized costs: all charges for
outside the continental U.S. telephone and fax costs; registered, certified, and express mail
(including Postal Service, FedEx, UPS and other carriers).
b. Law Firm will bill Client the regular hourly rate for non-local travel time
(outside of Grand Junction, Colorado) at one-half the specified hourly rate plus mileage at the
standard business mileage rate allowed by the Internal Revenue Service (currently $0.54 per
mile).
5. Timely Payment, Interest, Retainer, Termination for Non-Payment. All invoices
are due and payable in full no later than thirty (30) days of issuance. Unpaid accounts will
accrue interest at the rate of twelve percent (12%) per annum until paid in full.
6. Absence of Warranty. Law Firm represents that it is impossible to predict how
much time will be spent on legal representation. Client acknowledges that Law Firm has not
indicated or promised a fixed or maximum fee in exchange for services. Client further
acknowledges that: (a) Law Firm has made no promise or guarantee that any particular result
will be obtained in any particular case; (b) any evaluations or estimates of exposure or liability
are merely opinion; and (c) the results of litigation are inherently uncertain and impossible to
predict with certainty. Client is also advised that in litigation it may be held liable for payment
of an opposing party’s costs and/or attorney fees if so ordered by the court.
7. Withdrawal from Representation. Law Firm may withdraw from, or cease,
representing Client and terminate the attorney/client relationship at any time if Client: (a) fails to
Page 153 of 355
3
pay any bill or statement of attorneys fees, costs, and expenses in full within 30 days after the
date of that bill or statement; (b) insists upon presenting any claim or defense, or taking any
position, that is, in Law Firm’s opinion, not warranted under existing law or which cannot be
supported by good faith arguments for modification or extension of the law; (c) seeks to pursue
what Law Firm believes to be an illegal course of conduct; (d) insists that Law Firm engage in
any conduct that is contrary to legal judgment or advice; or (e) fails to cooperate in the
representation by delivering documents, making witnesses available for interview or similar
process, failing to attend hearings, depositions, or trial; or (f) by any other conduct making it
unreasonably difficult for Law Firm, in its sole discretion, to continue to represent the Client. In
addition, Law Firm may withdraw at any time to the extent representation would result in an
actual or likely violation of the Utah Rules of Professional Conduct.
8. Client Rights and Obligations. Client shall be entitled to control the conduct of
the representation and to make all material decisions concerning the course of representation,
exclusive of purely procedural matters committed to the discretion of Law Firm. Law Firm will
keep Client informed as to the progress of the case, necessary dates for hearings, depositions,
settlement conferences, trial, and related matters. All settlement offers will be promptly
communicated to the Client.
a. Client is entitled to terminate representation at any time, subject only to
payment for all earned and outstanding legal fees and costs. Upon termination of this agreement
Law Firm will arrange for return of all Client files, which may be accomplished in electronic
format.
b. Client is obligated to cooperate in the legal representation by actions
which include, but are not limited to: (a) timely providing requested documents and evidence; (b)
being available and making personnel available for attorney communications, interview,
depositions, and trial; and (c) providing truthful and complete information to attorneys.
c. Client authorizes Law Firm to send communications pertaining to the
representation to an email address designated by Client, in addition to written communications to
be sent by regular mail. Client will keep Law Firm informed of current telephone, email, and
mailing addresses where Client can be reached. It is anticipated that day to day communications
between Law Firm and Client will be handled between Mr. McAnany and the City Manager.
9. Choice of Law, Jurisdiction, and Venue. The place of performance of this
contract is Grand County, Utah. It is agreed that in the event of any legal dispute concerning this
agreement jurisdiction and venue shall lie with the Courts of Grand County, Utah. This
agreement shall be construed in accordance with the laws of the State of Utah.
10. Construction, Fairness, Absence of Duress. The terms of this agreement shall be
construed in accordance with its plain meaning, regardless of the extent to which either party
Page 154 of 355
4
participated in the drafting. Both parties acknowledge that this agreement is a fair, free and
voluntary act.
11. Modification. No modification of this agreement shall be enforceable unless
reduced to writing and duly executed by both parties. This agreement consists of a total of four
typewritten pages.
12. Exemption from City Purchasing Requirements. This contract is not subject to
the City’s purchasing or procurement requirements, per the exemption allowed (Moab City
Municipal Code § 2.284.010 .045 (G)(Appointment of City Attorney) and M.M.C. § 2.28.110(D)
and (E) P(Purchasing procedures—Exclusionseptions, statutory appointees and alternative
procurement) that exempt certain purchasing procedures. authorizes the City Council to provide
for an exemption for good cause shown.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 155 of 355
5
LEGAL SERVICES AGREEMENT
Signature Page
__________________
Approved and accepted on the date set forth below:
Client:
By:__________________________________ _______________________
Mayor David Sakrison Date
Attest:
By:__________________________________ _______________________
Rachel Stenta, City Recorder Date
Dufford, Waldeck, Milburn & Krohn, LLP
By: __________________________________ ________________________
Christopher G. McAnany Date
Page 156 of 355
LEGAL SERVICES AGREEMENT
In consideration of the mutual promises and performances herein, Dufford, Waldeck,
Milburn & Krohn, LLP, a Colorado limited liabilit y partnership (“Law Firm”), and the City of
Moab, a Utah municipality (“Client”), agree to undertake legal representation as follows:
1. Scope of Representation. Law Firm agrees to represent and provide legal services
to Client in connection with civil municipal matters. Representation may include attending City
Council or other public meetings; appearing on behalf of the City of Moab in courts or before
administrative bodies; drafting contracts, ordinances, resolutions, memoranda, deeds, or other
legal documents; providing opinion letters; responding to questions from, and providing advice to,
the City Manager, Mayor, City Council members, and/or City staff; and the like. The scope of
representation will be controlled by the Client, who will act primarily through the City Manager.
The Mayor and members of the City Council may request specific legal services as may be
applicable to their respective roles, and as may be necessary from time to time.
a. As authorized by City of Moab ordinances, Law Firm may retain or consult
with outside legal counsel who may provide specialized counsel on particular legal matters.
Additionally, Law Firm will coordinate representation with other attorneys who may provide
services to the Client, including outside insurance counsel. All such outside counsel arrangements
shall be authorized by the City Manager in advance.
b. Criminal matters, including prosecution and defense of municipal criminal
actions, are excluded from the scope of services under this agreement.
2. Length of Contract. While both parties acknowledge that this contract is terminable
at any time (see Sections 7 and 8) for any reason, for the purpose of recognizing the need to create
accountability by establishing a point in time when the Law Firm will be evaluated for its services,
this contract shall be in effect for a period of one year, beginning February 15, 2017, and ending
February 14, 2018. It may be renewed for additional one-year terms upon the mutual agreement
of both parties and upon the completion of a formal evaluation by the City Manager, in consultation
with the City Council and Mayor. Nothing in this Agreement shall be deemed to abrogate Moab
Municipal Code Section 2.28.010 (pertaining to appointment).
3. Billing Rates for Legal Services. Law Firm will bill Client, on a monthly basis, for
all time spent providing professional legal services in connection with the legal matters covered
by this agreement. Billing statements shall specify in reasonable detail the tasks performed and
all time associated, in addition to all other fees and costs.
a. The primary attorney handling this matter will be appointed City Attorney,
Christopher G. McAnany. Client will be billed at the rate of two hundred twenty five dollars
($225.00) per hour for all legal services provided by Mr. McAnany. Where appropriate, Law Firm
Page 157 of 355
may delegate tasks to associate attorneys and paralegals. Associate attorneys and paralegals will
be supervised by Mr. McAnany. Associate attorneys will be billed at two hundred dollars per hour
($200.00) and paralegals will be billed at one hundred twenty five dollars ($125.00) per hour.
b. Upon request, Law Firm will provide estimates of expected legal costs to
be incurred, as necessary for budgeting purposes.
4. Reimbursement of Costs. The Client shall be responsible for reimbursement and
payment of all costs incurred by Law Firm in connection with legal representation. Without
limitation, costs and expenses may include recording and documentary fees; computerized legal
research charges; fees for court filings; jury fees, expert witness fees, and consultant fees; court
reporter charges; copying charges; process server charges; transcript costs; and lodging/travel
costs.
a. Law Firm will not bill the following as separate costs: first class U.S. Mail
local and continental U.S. long distance telephone charges; U.S. long distance fax charges; and,
copying tasks of less than 100 copies. Law Firm charges as itemized costs: all charges for outside
the continental U.S. telephone and fax costs; registered, certified, and express mail (including
Postal Service, FedEx, UPS and other carriers).
b. Law Firm will bill Client the regular hourly rate for non-local travel time
(outside of Grand Junction, Colorado) at one-half the specified hourly rate plus mileage at the
standard business mileage rate allowed by the Internal Revenue Service (currently $0.54 per mile).
5. Timely Payment, Interest, Retainer, Termination for Non-Payment. All invoices
are due and payable in full no later than thirty (30) days of issuance. Unpaid accounts will accrue
interest at the rate of twelve percent (12%) per annum until paid in full.
6. Absence of Warranty. Law Firm represents that it is impossible to predict how
much time will be spent on legal representation. Client acknowledges that Law Firm has not
indicated or promised a fixed or maximum fee in exchange for services. Client further
acknowledges that: (a) Law Firm has made no promise or guarantee that any particular result will
be obtained in any particular case; (b) any evaluations or estimates of exposure or liability are
merely opinion; and (c) the results of litigation are inherently uncertain and impossible to predict
with certainty. Client is also advised that in litigation it may be held liable for payment of an
opposing party’s costs and/or attorney fees if so ordered by the court.
7. Withdrawal from Representation. Law Firm may withdraw from, or cease,
representing Client and terminate the attorney/client relationship at any time if Client: (a) fails to
pay any bill or statement of attorneys fees, costs, and expenses in full within 30 days after the date
of that bill or statement; (b) insists upon presenting any claim or defense, or taking any position,
Page 158 of 355
that is, in Law Firm’s opinion, not warranted under existing law or which cannot be supported by
good faith arguments for modification or extension of the law; (c) seeks to pursue what Law Firm
believes to be an illegal course of conduct; (d) insists that Law Firm engage in any conduct that is
contrary to legal judgment or advice; or (e) fails to cooperate in the representation by delivering
documents, making witnesses available for interview or similar process, failing to attend hearings,
depositions, or trial; or (f) by any other conduct making it unreasonably difficult for Law Firm, in
its sole discretion, to continue to represent the Client. In addition, Law Firm may withdraw at any
time to the extent representation would result in an actual or likely violation of the Utah Rules of
Professional Conduct.
8. Client Rights and Obligations. Client shall be entitled to control the conduct of the
representation and to make all material decisions concerning the course of representation,
exclusive of purely procedural matters committed to the discretion of Law Firm. Law Firm will
keep Client informed as to the progress of the case, necessary dates for hearings, depositions,
settlement conferences, trial, and related matters. All settlement offers will be promptly
communicated to the Client.
a. Client is entitled to terminate representation at any time, subject only to
payment for all earned and outstanding legal fees and costs. Upon termination of this agreement
Law Firm will arrange for return of all Client files, which may be accomplished in electronic
format.
b. Client is obligated to cooperate in the legal representation by actions which
include, but are not limited to: (a) timely providing requested documents and evidence; (b) being
available and making personnel available for attorney communications, interview, depositions,
and trial; and (c) providing truthful and complete information to attorneys.
c. Client authorizes Law Firm to send communications pertaining to the
representation to an email address designated by Client, in addition to written communications to
be sent by regular mail. Client will keep Law Firm informed of current telephone, email, and
mailing addresses where Client can be reached. It is anticipated that day to day communications
between Law Firm and Client will be handled between Mr. McAnany and the City Manager.
9. Choice of Law, Jurisdiction, and Venue. The place of performance of this contract
is Grand County, Utah. It is agreed that in the event of any legal dispute concerning this agreement
jurisdiction and venue shall lie with the Courts of Grand County, Utah. This agreement shall be
construed in accordance with the laws of the State of Utah.
10. Construction, Fairness, Absence of Duress. The terms of this agreement shall be
construed in accordance with its plain meaning, regardless of the extent to which either party
participated in the drafting. Both parties acknowledge that this agreement is a fair, free and
voluntary act.
Page 159 of 355
11. Modification. No modification of this agreement shall be enforceable unless
reduced to writing and duly executed by both parties. This agreement consists of a total of four
typewritten pages.
12. Exemption from City Purchasing Requirements. This contract is not subject to the
City’s purchasing or procurement requirements, per the exemption allowed Moab Municipal Code
§ 2.24.010 (Appointment of City Attorney) and M.M.C. § 2.28.110(D) and (E) (Purchasing
procedures—Exclusions, statutory appointees and alternative procurement) that exempt certain
purchasing procedures.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 160 of 355
LEGAL SERVICES AGREEMENT
Signature Page
__________________
Approved and accepted on the date set forth below:
Client:
By: __________________________________ _______________________
Mayor David Sakrison Date
Attest:
By: __________________________________ _______________________
Rachel Stenta, City Recorder Date
Dufford, Waldeck, Milburn & Krohn, LLP
By: __________________________________ ________________________
Christopher G. McAnany Date
Page 161 of 355
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
February 14, 2017
Agenda Item
#: 7‐8
Title: Approval of Park Rental Fees for Lions Park
Fiscal Impact: $5,000
Staff Presenter(s): Tif Miller
Department: Parks and Recreation
Applicant: N/A
Background/Summary:
Lions Park was opened last March and at the direction of the City Manager was not to
be a reservable park for the first year. There has been a number of requests for this
facility to be rented. At this time, we would like to propose a fee for renting the pavilion
area of the park at fees the same as Rotary Park and Old City Park (Fees are attached)
These fees would include an amplified music fee as well like at Old City Park that would
need council approval. These fees will help cover operating and maintenance costs of
the facility, as well as provide another rentable location for those looking to host
different gatherings and events.
Options: The City Council may approve, approve with conditions, deny or postpone
the item.
Staff Recommendation: City staff recommends Approval of Park Rental Fees for
Lions Park.
Recommended Motion: Approve
Attachment(s):
Proposed Lions Park Fees
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Resolution #12-2017
RESOLUTION #12-2017
A RESOLUTION AMENDING THE FEE SCHEDULE FOR MOAB CITY PARKS
WHEREAS, the City of Moab establishes fees for city services by resolution; and
WHEREAS, the City of Moab Recreation Department and Parks has determined that there is a
fee for Lions Park that should be added to the fee structure, to help offset increasing operating
costs and provide more park rental opportunities for the citizens of the City of Moab.
NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE
TO ADOPT THE FEES FOR THE CITY OF MOAB RECREATION DEPARTMENT AND
PARKS SHOWN AS EXHIBIT A.
Passed and adopted by action of the Governing Body of the City of Moab, Utah in open
session this 14th day of February, 2017.
Mayor David L. Sakrison
ATTEST:
Rachel E. Stenta
City Recorder
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Proposed Lions Park Fees
Lions Park (To Reserve Call 435-259-7485) Rate
Pavilion Reservation 4 hours or less $35
Pavilion Reservation (More than 4 hours) $85
Damage and Cleanup Deposit (100-300 people) $150
Damage and Cleanup Deposit (300 + people) $300
Amplified Music $30
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AGENDA SUMMARY
MOAB CITY COUNCIL MEET G
Agendaltem
#: 7-9
Title: First Reading of the Update to the Affordable Housing Plan
Staff Presenter: Amy Weiser, Community Services Director
Department: Community Services
Summary: The Planning Commission reviewed the Affordable Housing Plan at their regular
meeting on January 26, 2017. The PC voted unanimously to forward a favorable
recommendation to City Council to amend the general plan and adopt the updated
Affordable Housing Plan. The agenda summary from the Planning Director, Jeff Reinhart, is
attached as is the signed Resolution #04-2017 from the Planning Commission
The lnterlocal Housing Task Force and staff members of Moab City and Grand County have
worked diligently on the update for the past year and are confident in the document.
Staff Recommendation: Adopt the Moab Area Affordable Housing Plan as an addendum to
the General Plan.
Options: The City Council may approve the housing plan as proposed or elect to hold a
public hearing at a later date.
Recommended Motion: "I move to adopt Resolution #11-2017 to adopt the Moab Area
Affordable Housing Plan as an addendum to the General Plan."
Attachment(s): Moab Area Affordable Housing Plan
Signed Resolution #04-2017 from the Planning Commission
Agenda Summary from 1/26/2017 Planning Commission Packet
General Plan Excerpt from Utah State Code
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Title: Contract with Parr Brown Gee and Loveless (“Parr Brown”) for
specialized legal services regarding employment matters
Fiscal Impact: Variable; see below
Staff Presenter(s): David Everitt
Department: Administration
Applicant: N/A
Background/Summary:
Last month, the City Council voted to table the proposed contract for
specialized legal services, in part due to discomfort over the potential
expense that may be incurred when using Parr Brown’s services. There
were also questions as to whether the services from this law firm are
worth the additional expense when compared to the other RFP
respondents.
In this case, the level of expertise, experience, and background
knowledge that Parr Brown possesses is significant and justifies the
additional potential expense. A firm that has this level of experience can
work more efficiently, produce results that save money over time, and
reduce future risk in a manner that another firm with less experience
and background in Moab‐specific issues would not have.
Furthermore, Parr Brown has substantial resources that it can deploy
on short notice, which matters especially when urgent investigations
and consultations are needed in the employment context. Last, having
specialized expertise with regard to GRAMA has proven to be invaluable
already and the City is well served by having access to this expertise.
The expectation is that there will be a reduced need for such specialized
services in 2017 and beyond. To allay some of the concerns regarding
Agenda Summary Sheet
Council Meeting Date: February 14, 2017
#: 7‐10
Page 235 of 355
cost, we propose additional contract language that could limit monthly
billings to a certain ceiling, after which council authorization is needed
to exceed. For instance, the contract could state that the City Manager
has the flexibility to authorize billings up to $7500 a month; if billings
are looking like they may go over that, the City Manager must seek
authorization from the Council to continue.
Options: Approve, deny, or modify the recommended contract.
Staff Recommendation: Approve
Recommended Motion: Move to authorize the Mayor to sign the
contract as proposed between Moab City and Parr, Gee, Loveless, and
Brown for specialized legal services.
Attachment(s): Revised proposed contract
Page 236 of 355
Page 1 of 4
City of Moab
EMPLOYMENT LEGAL SERVICES
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into effective the ____ day of ___________, 2017, by and between
the City of Moab, which shall be called the "City" in this agreement; and ________________________, who
shall be called the "Contractor" in this agreement.
In consideration of the mutual conditions set forth in this agreement, the parties hereby agree as follows:
1. Compensation.
a. The City agrees to pay the Contractor for the legal services to be rendered pursuant to this
agreement based on a negotiated hourly/set rate of _____________.
b. City Manager is hereby authorized to approve payment for billings up to $7500 a month;
a.c. If billings exceed $7500 per month, the City Manager must consult with the City Council prior
to authorizing additional payments.
2. Terms, Termination and Compensation.
a. This contract shall be in effect for a period of one year, beginning January 15, 2017, and
ending January 14, 2018. It may be renewed for additional one-year terms upon the mutual
agreement of both parties.
b. In the event that either party shall deem the other to be in breach of any provision included in
this contract, the party claiming the existence of the breach on the other's part shall notify, in
writing, the other party of such breach. The other party shall, within fifteen (15) days,
commence all actions reasonably necessary to cure the breach and shall notify the complaining
party in writing of the actions taken to cure the breach. In the event that actions reasonably
necessary to cure the breach are not timely commenced, the complaining party may terminate
this agreement upon ninety (90) days’ written notice.
c. In the event of disciplinary action by the Utah State Bar against the Contractor, this contract
may be terminated without notice.
d. In the event the Contractor intends to cease in its contracted relationship with the City, ninety
(90) days written notice to the City is required.
e. Compensation shall be payable on a monthly basis. Invoices should be submitted to the City of
Moab Recorder’s Office, 217 East Center Street, Moab Utah, 84532.
3. Legal Services.
The Contractor will advise, assist, and advocate for the City in employment-related matters,
Page 237 of 355
Page 2 of 4
including:
a. Employment-related litigation, including coordination with insurance carriers and the relevant
local, state, federal, and administrative filings;
b. Government investigations, wage garnishments, employment verifications, search warrants
and subpoenas;
c. Recruitment & hiring practices and protocols;
d. Employee benefits and pension issues;
e. Compensation practices and FLSA compliance;
f. Employee discipline and investigations;
g. Reduction-in-Force initiatives
h. Separation agreements;
i. General labor matters, including but not limited to Loudermill hearings, internal affairs
investigations, grievances, FMLA requests and procedures;
j. Human resources policy and procedure review and consultation;
k. Compliance, record retention, and mandatory reporting requirements; and
l. Other special services as requested by the City, including research, preparation, and follow-
through on various types of specifically requested special services matters.
4. Conflicts or Inability to Represent.
In the event of a conflict of interest, inability or circumstances such that the Contractor is not able
to represent the City, such conflicts shall be made immediately known to the City.
5. Disclaimers.
a. It is understood and agreed that neither the Contractor nor any of its staff or agents are
employees of the City.
b. The Contractor will be acting in all respects as an independent contractor and the City will in
no way be liable for or on account of the conduct, negligence, or omissions of the Contractor.
6. Renewal of Contract, or, Transition Upon Termination of Contract.
In the event this appointment is not renewed by the City:
a. The Contractor agrees to cooperate with its successors including filing the necessary pleadings
for withdrawal and to deliver all applicable files, information and materials to its successor.
b. All matters pending at that time shall become the responsibility of the subsequently appointed
contracted law firm, or if no firm is so appointed, the City Attorney.
c. In the event the Contractor is not permitted to withdraw from the representation in any matter
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Page 3 of 4
by the court upon the conclusion of this agreement and any extensions hereto, the City agrees
to compensate the Contractor at the negotiated rate for services provided beyond the term of
this agreement and any extensions thereto.
7. Status.
In the event of any change of address, ongoing conflict, or inability to practice law, the Contractor
shall promptly notify the City in writing of such change in status.
8. Non-Assignability.
This agreement may not be assigned by the Contractor to any other attorney or law firm without
the prior written consent of City.
9. Notice to the Parties.
Any notice required by this agreement to be given shall be given in writing at the following
address unless designated otherwise in writing:
Moab City Manager, 217 East Center Street, Moab, Utah 84532.
________________________________________________[Contractor address]
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate, each of which shall be
deemed an original, on the _____ day of ______________, 2017.
CITY OF MOAB:
_____________________________________
Mayor David L. Sakrison
ATTEST:
______________________________________
Rachel E. Stenta, City Recorder
CONTRACTOR:
_______________________________________
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Page 4 of 4
By:________________________________
Page 240 of 355
Sr atttorney rate Jr attorney rate Consider flat fee for certain services?average rateScenario: 10 hrs/monthParr Brown $ 333.00 $ 229.50 yes $ 281.25 $ 33,750.00 Crowdell wolley $ 150.00 $ 110.00 yes $ 130.00 $ 15,600.00 Dufford Waldec $ 220.00 $ 180.00 $ 200.00 $ 24,000.00 Crook and Taylor $ 208.33 $ 208.33 $ 208.33 $ 25,000.00 Smith Hartvigsen $ 275.00 $ 150.00 $ 212.50 $ 25,500.00 Legal services fee comparisonsPage 241 of 355
Legal Employment Services RFP Responses: Staff Evaluation
(5 max per category)
Respondent Experience Value Added
Services
Staffing
Approach
Communication
Approach
Proposed
cost
Total
score (25
max)
Crowdell and
Wolley
3 3 4 3 4 17
Crook and Taylor 4 2 4 3 3 16
Dufford Waldec 4 2 3 3 3 16
Parr Brown Gee
and Loveless
5 4 4 3 2
18
Smith Hartvigsen 4 2 4 3 3 16
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C:\Users\rstenta\Google Drive\Recorder\Bids\2016\Employment Law\employment law services
ad.docx
CITY OF MOAB
REQUEST FOR PROPOSALS
EMPLOYMENT COUNSEL SERVICES
The City of Moab hereby invites interested individual attorneys and law firms with experience in
employment and labor matters to submit written proposals to provide Employment Counsel to the city.
Request for proposal forms are available at the Moab City Offices located at 217 East Center Street,
Moab, Utah 84532 or online at: www.bidsync.com.
All proposals must be turned in to the Moab City Recorder’s Offices, located at 217 East Center Street,
Moab, Utah 84532. Moab City reserves the right to reject any or all proposals; or to accept or reject the
whole or any part of the proposal; or to waive any informality or technicality in the interest of Moab City.
The Deadline for all requests for proposals is 4:00 p.m. Friday, October 7, 2016. For further information,
please contact the Moab City Recorder’s office at: (435) 259‐5121.
/s/ Rachel E. Stenta
City Recorder/Assistant City Manager
Published in the Times Independent, September 15, 22 and 29, 2016.
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City of Moab – RFP for Employment Counsel – Page 1 Moab City Recorder’s Office
C:\Users\rstenta\Google Drive\Recorder\Bids\2016\Employment Law\Employment Law Services RFP.docx
CITY OF MOAB
REQUEST FOR PROPOSALS
EMPLOYMENT COUNSEL
The City of Moab hereby invites interested individual attorneys and law firms with
experience in employment and labor matters to submit written proposals to
provide Employment Counsel to the city.
GENERAL SCOPE OF SERVICE REQUESTED
The City of Moab is soliciting the interest of qualified professional law firms to
provide a full range of Employment Counsel on a part-time contractual basis. The
period of contract will be one year, with annual renewals contemplated based on
a mutually agreeable working relationship.
We are seeking a law firm(s) with experience in municipal or local government
and strong general legal practice capabilities to serve as a provider of legal
services for a wide range of employment and labor law issues outlined in this
RFP.
MOAB COMMUNITY BACKGROUND
The City of Moab is located just south of the Colorado River in Grand County and
is a regional center of southeastern Utah. It is located on the west side of the
12,500-foot-high La Sal Mountains in a valley fifteen miles long and three miles
wide within the heart of the Colorado Plateau known as Spanish Valley.
Moab's historical economy was based on farming, ranching, and fruit growing
although some mining was done along the Colorado River and in the La Sal
Mountains. Moab's largest industry for the last quarter century has been tourism.
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City of Moab – RFP for Employment Counsel – Page 2 Moab City Recorder’s Office
C:\Users\rstenta\Google Drive\Recorder\Bids\2016\Employment Law\Employment Law Services RFP.docx
The 2010 Census shows the city’s current population at 5,046. Jeeping, hiking,
climbing, mountain biking and river activities are all recreational opportunities
available in Moab.
The City of Moab is governed by a five member City Council with a Mayor. The
City is managed by a City Manager under the policy direction of the City Council.
INFORMATIONAL
The City currently employs approximately 68, full-time benefited positions – 16 of
which are sworn public safety positions - and annually employs over 150 seasonal
and part-time employees.
Our Workers’ compensation carrier is Utah Local Governments Trust.
Our liability carrier is Utah Local Governments Trust.
We provide retirement/pension benefits through Utah Retirement Systems.
PARTNERING RELATIONSHIP
Ideally, we are seeking a partnering relationship with one principal law firm with a
goal of ensuring that all of Moab City’s employment and labor needs are met
within a predictable budget. We are open to ideas on how to develop such
systems and best utilize each other's resources so as to achieve greater
productivity and cost reduction consistent with quality results.
We encourage creative ideas for alternative financial arrangements that provide
incentives and that reward results rather than time devoted to a matter. We are
soliciting your input on a fee arrangement that allows you to deploy your
resources in the most cost-efficient manner and ensures that Moab City has
access to and receives high quality outside counsel services.
SCHEDULE OF LEGAL SERVICES
Proposals should include a statement of qualifications that includes descriptions
of the firm’s experience in all of the following practice areas for which they wish
to be considered:
Work Categories Covered by This RFP for Employment Counsel:
1. Employment matters including employment litigation, including
coordination with Insurance carriers;
a. Experience with local, state, federal and administrative filings
2. Government Investigations, Wage Garnishments, Employment
Verifications, Search Warrants and Subpoenas;
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City of Moab – RFP for Employment Counsel – Page 3 Moab City Recorder’s Office
C:\Users\rstenta\Google Drive\Recorder\Bids\2016\Employment Law\Employment Law Services RFP.docx
3. Recruitment & Hiring in a municipal government environment;
4. Employee benefits and pension issues;
5. Compensation practices and FLSA compliance;
6. General labor matters including Loudermill hearings, internal affairs
investigations, grievances, FMLA requests and procedures;
7. Counsel and guidance on discipline, documentation and investigations;
8. RIFs and Separation Agreements;
9. Policy and procedure review and consultation; and
10. Counsel and guidance on compliance, record retention, mandatory
reporting and general matters.
Special Services
Special services are those provided on an as-needed basis when directed by
the City Manager. These special services, anticipated to be provided at a
specified hourly rate, include research, preparation, and follow-through on
various types of specifically requested special services matters. If the firm
proposes to provide litigation services to the City, provide the hourly rates and
other terms that would apply.
Describe any areas of law listed above in which you would need to retain
specialized counsel.
SUBMITTAL PACKAGE
Your Qualifications to Provide Services
The selected firm(s) will assist Moab City by providing quality legal services in a
cost effective value-added manner. Your proposal should contain sufficient
details so that the selection committee can understand your firm's experience in
the identified areas and should provide the following information.
A. Contact Information
The name and contact information of one person with whom the selection
committee or its designees should communicate regarding any questions
about the submission.
B. Firm Information
Proposals should include a short history of the firm, its size, financial
stability and experience in the practice areas. Provide the addresses of: (i)
home office, and (ii) proposed office(s) that would provide services to
Moab City.
C. Your Expertise/Staffing
1. Describe your experience in the relevant practice areas.
2. Identify the practice leads by practice area.
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City of Moab – RFP for Employment Counsel – Page 4 Moab City Recorder’s Office
C:\Users\rstenta\Google Drive\Recorder\Bids\2016\Employment Law\Employment Law Services RFP.docx
3. Identify the attorneys in your firm who would be working as the core
team to provide the services defined in this RFP (include a
resume/CV for those attorneys) in the practice areas.
4. Considering the scope of work proposed, describe the staffing you
would propose, including an explanation of how you would resource
projects.
5. Describe how your firm will provide services to Moab City and your
firm's ability to respond to both normal and urgent requests.
6. Complete and submit the firm Self Evaluation (Appendix B)
regarding your firm’s current expertise for each Work Category that
is offered to your existing client base.
7. Describe the firm’s practices regarding ongoing professional
development, training and keeping current on legal developments
affecting its clients?
D. Conflicts
Moab City considers the activities of all firm members in determining
whether a conflict of interest exists. Please identify any known or potential
barriers which would prevent your firm from being able to represent Moab
City.
Moab City expects disclosure of the following:
1. Representation of a Moab City Official or Employee; and
2. Representation of a party in a matter adverse to Moab City.
E. Communication
Explain how you will keep Moab City fully apprised of firm activity regarding
Moab City and project status. Explain how you will ensure that service
delivery is uniform and advice is consistent across Moab City. Does your
firm offer on-line tracking/data?
F. Value Added Services/Resources
Explain what additional resources the firm can offer, including updates/in-
house education programs for Moab City executives, HR staff, managers
and employees. Please describe any complimentary or fee-based
resources including type of service, frequency and cost (if applicable).
G. Fee Proposal
Provide your recommendation for the fee structure. If you propose
alternative fee options, identify how the fee was determined and the
amount. If any part of your fee proposal includes using a billable hour fee,
describe how you would manage such billable hours to ensure effective
value added legal service within the dollar range referenced above for
legal services, and describe each level of legal service provider and the
applicable fee.
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City of Moab – RFP for Employment Counsel – Page 5 Moab City Recorder’s Office
C:\Users\rstenta\Google Drive\Recorder\Bids\2016\Employment Law\Employment Law Services RFP.docx
Identify the frequency of your billing cycle and payment terms. Please also
identify what, if any services, are not billable and the content of your
invoicing statements.
Identify what charges the firm will impose for travel time and estimated
monthly travel time.
H. Summary
Please summarize the scope of the proposal and include an explanation
of why your proposal should be selected.
I. References
Please include the names, titles, phone number and e-mail address for two
current municipal government clients for whom your firm provides services
similar to what you propose to provide to Moab City.
SELECTION PROCESS
If you decide to respond to this RFP, your proposal and your firm will be
evaluated by your ability to meet the requirements of Moab City, your fee
arrangement applicable to your recommended approach, and the overall value
of your firm to Moab City. The Moab City Manager will lead a committee of
members of Moab City's Human Resources Department together with Moab City
executives to review and evaluate all proposals. Proposed fee arrangements,
experience, service delivery and other qualifications will all be important
selection factors.
You may be asked to come to our offices in Moab, Utah to make presentations to
the committee. All respondents will be notified of the selection, once a final
decision has been made.
In order to serve the best interests of the city, Moab City reserves the rights and
options to:
1. Reject any or all of the submittals
2. Waive any of the provisions in the Request for Proposals
3. Issue subsequent Requests for Proposals
4. Cancel the Request for Proposal process
5. Waive any technical error in the responses it receives
6. Negotiate with any, all, or none of the respondents to the Request
for Proposals in regard to costs or to further refine the scope of
services to be provided
7. Award a contract or contracts to more than one firm for different
services
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City of Moab – RFP for Employment Counsel – Page 6 Moab City Recorder’s Office
C:\Users\rstenta\Google Drive\Recorder\Bids\2016\Employment Law\Employment Law Services RFP.docx
Proposers may submit additional information as deemed appropriate.
All inquiries regarding this Request for Proposals should be directed using
Bidsync.com
All answers to questions and additional materials will be disseminated to all firms
which have indicated their intent to submit a proposal so that everyone has the
same information.
The deadline for submitting the completed proposal in its entirety is:
It is acceptable to submit an electronic version of the proposal via email though a
hard copy via U.S. Mail is preferred. Proposals must be received no later than
HOW TO APPLY
Proposals should include a cover letter and a response to the RFP. The RFP
response should not exceed twenty pages exclusive of résumés.
Proposals may be mailed to:
Rachel Stenta, City Recorder/Assistant City Manager
Attention: Employment Counsel Proposal
City of Moab
217 East Center Street
Moab, UT 84532
The process timetable is:
Deadline for Receipt of Proposals is Friday, October 7, 2016 at 4:00 PM.
Committee Review and Selection of Interviewees, if any will be determined at a
date after the proposal deadline.
We greatly appreciate your interest in supporting our organization.
Page 249 of 355
After the conduct of other business, the following resolution was introduced in written form
by the Mayor, was read in full and, pursuant to motion made by Councilmember ______________
and seconded by Councilmember ______________, was adopted by the following vote:
Yea: Kyle Bailey
Heila Ershadi
Kalen Jones
Tawny Knuteson-Boyd
Rani Derasary
Nay: None
The Resolution was thereupon signed by the Mayor, was attested and countersigned by the
City Recorder and was ordered recorded in the official records of the Issuer.
The Resolution is as follows:
CITY OF MOAB, GRAND COUNTY, UTAH
RESOLUTION NO. 15-2017
A RESOLUTION AUTHORIZING THE ISSUANCE AND CONFIRMING
THE SALE OF WASTEWATER REVENUE BONDS IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $15,000,000 (THE "BONDS”)
OF THE CITY OF MOAB, GRAND COUNTY, UTAH (THE "ISSUER"),
CALLING A PUBLIC HEARING AND ESTABLISHING A TIME, PLACE
AND LOCATION FOR SAID PUBLIC HEARING TO RECEIVE INPUT
FROM THE PUBLIC WITH RESPECT TO THE ISSUANCE OF BONDS
AND ANY POTENTIAL ECONOMIC IMPACT TO THE PRIVATE SECTOR
FROM THE CONSTRUCTION OF THE PROJECT TO BE FUNDED BY
THE BONDS; PROVIDING FOR A PLEDGE OF WASTEWATER
REVENUES FOR THE PAYMENT OF THE BONDS; FIXING THE
MAXIMUM 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; PROVIDING FOR THE RUNNING OF A CONTEST PERIOD;
AND RELATED MATTERS.
WHEREAS subject to the limitations set forth herein, the City of Moab, Grand County, State
of Utah, desires to issue its Wastewater Revenue Bonds (the “Bonds”) for the construction
wastewater system improvements, including the construction of a wastewater treatment plant,
together with related improvements to the wastewater system (the “Project”), and to acquire
necessary land, rights of way and other appurtenances and facilities and to defray all or a portion of
the cost thereof from the bonds to be issued hereby, pursuant to this Resolution and a Master
Page 250 of 355
Resolution (the “Master Resolution”), in substantially the form presented at the meeting at which
this Resolution was adopted and which is attached hereto as Exhibit “B”; and
WHEREAS in order to allow for flexibility in setting the financial terms of the Bonds once
costs of the Project are finally determined and to optimize debt service costs to the Issuer, the
Governing Body of the Issuer desires to grant to the Mayor, in accordance with state law, the
authority to approve the interest rates, principal amounts, terms, maturities, redemption features and
purchase price at which the Bonds shall be sold and any changes with respect thereto from those
terms which were before the Governing Body at the time of adoption of this Resolution, provided
that such terms do not exceed the parameters set forth for such terms in Section 1 of this Resolution
(the “Parameters”); and
WHEREAS the Issuer, the City of Moab, considers it desirable and necessary and for the
benefit of the Issuer to construct the Project to be owned and operated by the Issuer, but does not
have on hand money sufficient to pay for the Project; and
WHEREAS the revenues to be derived by the Issuer from the operation of the System (as
hereinafter defined) have not been pledged or hypothecated in any manner or for any purpose and
the Issuer desires to issue its Bonds (as hereinafter defined), payable from such revenues in the
manner for which provision is hereinafter made in order to pay all or part of the cost of the Project;
and
WHEREAS the Utah Local Government Bonding Act, Sections 11-14-101, et seq., Utah
Code Annotated, 1953, as amended, provides that, prior to issuing bonds an issuing entity must (I)
give notice of its intent to issue such bonds and (ii) hold a public hearing to receive input from the
public with respect to the issuance of such bonds and any potential economic impact to the private
sector from the construction of the Project to be funded by the Bonds; and
WHEREAS the Issuer desires to call a public hearing for this purpose and to publish a notice
of such hearing, including a notice of bonds to be issued, in compliance with the Act with respect
to the Bonds; and
WHEREAS the State of Utah acting through its Water Quality Board has tentatively agreed
to purchase Wastewater Revenue Bonds (the "Bonds"), at interest rates of not to exceed 2.5% per
annum and on the general and special terms and conditions as set forth herein;
NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of
Moab, Grand County, State of Utah, as follows:
Section 1. The Mayor and City Council (the "Governing Body") of the City of Moab, Grand
County, Utah (the "Issuer"), hereby finds and determines that it is in the best interests of the residents
within the City for the Issuer to issue its Wastewater Revenue Bonds in the aggregate principal
amounts of not to exceed $15,000,000 at interest rates not to exceed 2.5% per annum, to mature in
not more than thirty-five (35) years from their date or dates (collectively the “Bonds”), pursuant to
a resolution to be adopted by the Governing Body authorizing and confirming the issuance and sale
of the Bonds. Therefore, the Issuer hereby declares its intention to issue the Bonds according to the
provisions of this Section. The Bonds are to be issued for the purpose of paying all or part of the
Page 251 of 355
cost of constructing improvements to the City’s wastewater system, including construction of a
wastewater treatment plant, together with related improvements to the wastewater system, the
acquisition of necessary land and easements and the payment of all related costs and services
including engineering, the expenses and costs of the issuance of the Bonds and the cost to acquire
and provide all appurtenant facilities therefor (the "Project").
The Issuer hereby declares its intention to issue the Bonds according to the provisions of this
Section; provided, however, that the Bonds shall only be issued by the Issuer after adoption of a
Master Resolution by the Governing Body of the Issuer (the "Master Resolution") setting forth the
specific terms of the Bonds within the maximum terms herein provided.
The form of Master Resolution attached hereto as Exhibit “B” is in all respects hereby
authorized and approved, and the Mayor and Town Clerk of the Issuer are hereby authorized and
directed to execute and deliver the same on behalf of the Issuer.
The Mayor, within the parameters set forth herein, is hereby authorized to approve the
interest rates, principal amounts, terms, maturities, redemption features and purchase price at which
the Bonds shall be sold.
Section 2. The form, terms and provisions of the 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 City Recorder of the Issuer are hereby authorized and
directed to execute and seal the Bonds.
Section 3. The appropriate officials of the Issuer are authorized to make any alterations,
changes or additions to the Master Resolution and the Bonds or any other document herein
authorized and approved which may be necessary to conform the same to the final terms of the
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 Governing
Body or the provisions of the laws of the State of Utah or the United States.
Section 4. The Issuer shall hold a public hearing on March 14, 2017, to receive input from
the public with respect to the issuance of the Bonds and any potential impact to the private sector
from the construction of the Project to be funded by the Bonds, which hearing date shall be not less
than fourteen (14) days after notice of the public hearing is (A) first published once a week for two
consecutive weeks in the Moab Times-Independent, a newspaper of general circulation in the Issuer
and (B) published on the Utah Public Notice Website created under Section 63F-1-701, Utah Code
Annotated 1953, as amended. The Issuer directs its officers and staff to publish a Notice of Public
Hearing in substantially the following form:
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that on February 14, 2017, the Mayor and City
Council of the City of Moab (the "Issuer"), adopted a resolution (the “Resolution”) declaring its
intention to issue its Wastewater Revenue Bonds (the “Bonds”) pursuant to the Utah Government
Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended and to call a public
Page 252 of 355
hearing to receive input from the public with respect to the issuance of the Bonds.
The Issuer shall hold a public hearing on March 14, 2017, at the hour of 7:00 p.m. The
location of the public hearing is in the City Office, 217 East Center, Moab, Utah. The purpose of
the meeting is to receive input from the public with respect to the issuance of the Bonds and any
potential economic impact to the private sector from the construction of the Project to be funded by
the Bonds. All members of the public are invited to attend and participate.
DATED this 14th day of February, 2017.
/s/ Rachel Stenta
City Recorder
[Publish once each week for two consecutive weeks.]
* * * * * * * *
Section 5. The Issuer shall also cause a copy of this Resolution (together with all exhibits
hereto) to be kept on file in the Issuer’s principal offices for public examination during the regular
business hours of the Issuer until at least thirty (30) days from and after the date of publication
thereof. The Issuer directs its officers and staff to publish a Notice of Bonds to be Issued in
substantially the following form:
NOTICE OF BONDS TO BE ISSUED
PUBLIC NOTICE IS HEREBY GIVEN that on February 14, 2017, the Mayor and City
Council of the City of Moab (the "Issuer"), adopted a resolution (the “Resolution”) declaring its
intention to issue its Wastewater Revenue Bonds (the “Bonds”), pursuant to the Utah Local
Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended.
The Issuer intends to issue the Bonds in the principal amount of not to exceed $15,000,000
to bear interest at a rate not to exceed 2.5% per annum, to mature in not to more than 35years from
their date or dates, and to be sold at a price not less than 100% of the total principal amount thereof,
plus accrued interest to the date of delivery. The Bonds will specify that any installment of principal
on the Bonds which shall not be paid when due shall bear interest at the rate of 18% per annum from
the due date thereof until paid.
The Issuer intends to issue the Bonds for the purpose of (I) financing all or a portion of the
cost to construct improvements to the City’s wastewater system, including construction of a
wastewater treatment plant, together with related improvements to the wastewater system; and (ii)
paying costs of issuing the Bonds.
OUTSTANDING BONDS SECURED BY THE SAME REVENUE
The Issuer currently has no outstanding bonds secured by the pledge of wastewater system
revenues.
Page 253 of 355
ESTIMATED TOTAL COST OF THE BONDS
The estimated total cost to the Issuer for the proposed Bonds is $16,877,000.00. The
estimated cost of interest on the Bonds is $1,877,000.00.
NOTICE IS FURTHER GIVEN that a period of 30 days from and after the last date of
publication of this Notice is provided by law during which any person in interest shall have the right
to contest the legality of the Resolution or the Bonds, or any provision made for the security and
payment of the 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.
A copy of the Resolution is on file in the office of the City Recorder in Moab, Utah, where
it may be examined during regular business hours of the City Recorder from 8:00 a.m. to 5:00 p.m.
Monday through Friday.
DATED this 14th day of February, 2017.
/s/ Rachel Stenta
City Recorder
[Publish one time only.]
* * * * * * * *
Section 6. For a period of thirty (30) days from and after publication of the Notice of Bonds
to be Issued, any person in interest shall have the right to contest the legality of this Resolution or
the Bonds hereby authorized. After such time, no one shall have any cause of action to contest the
regularity, formality or legality of this Resolution or the Bonds for any cause whatsoever.
Section 7. 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.
Page 254 of 355
PASSED AND APPROVED this 14th day of February, 2017
CITY OF MOAB
By______________________________
Mayor
ATTEST AND COUNTERSIGN:
By_____________________________
City Recorder
[SEAL]
After the conduct of other business not pertinent to the foregoing, it was moved and carried
that the Mayor and City Council adjourn.
CITY OF MOAB
By______________________________
Mayor
ATTEST:
By____________________________
City Recorder
[SEAL]
Page 255 of 355
STATE OF UTAH )
: ss.
COUNTY OF GRAND )
I, RACHEL STENTA, the undersigned, do hereby certify that I am the duly qualified and
acting City Recorder of the City of Moab, Grand County, Utah (the “Issuer”). I further certify that
the above and foregoing constitutes a true and correct copy of the minutes of a regular public
meeting of the Mayor and City Council of the Issuer, held on February 14, 2017, including a
Resolution adopted at such meeting, together with exhibits and appendices attached thereto, as said
minutes, resolution and appendices are recorded in the regular official book of minutes of the
proceedings of the Governing Body kept in the office of the City Recorder that said proceedings
were duly had and taken as therein shown, that the meeting thereon shown was in all respects called,
held and conducted in accordance with law, and that the persons therein named were present at said
meeting, as therein shown.
I further certify and I caused a true and correct copy of the above-referenced resolution
(including all exhibits and appendices attached thereto) to be filed in the office of the City Recorder
for examination by any interested person during the regular business hours of the office of the City
Recorder.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed
hereon the official seal of the Issuer, this 14th day of February, 2017.
________________________________
City Recorder
[SEAL]
Page 256 of 355
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
February 14, 2017
Agenda Item
#: 8-1
Title: $SSURYDO RI 3URSRVHG 5HVROXWLRQ 07-2017 ± $ 5HVROXWLRQ RI
WKH *RYHUQLQJ %RG\ 'HFODULQJ &HUWDLQ &LW\ 3URSHUW\ DV 6XUSOXV
Fiscal Impact: 5HYHQXH JHQHUDWHG E\ SURFHHGV RI DXFWLRQ
Staff Presenter(s): Carmella Galley
Department: Administration
Applicant: QD
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VXUSOXV HTXLSPHQW WKURXJK WKH VFKHGXOHG UHSODFHPHQW DQG UHSDLU RI ZRUQ
EURNHQ RU RXWGDWHG HTXLSPHQW :H QHHG WR GLVSRVH RI WKLV VXUSOXV HTXLSPHQW to
free up space for the new items $WWDFKHG LV D UHVROXWLRQ DQG HTXLSPHQW OLVW IRU
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Options: &RXQFLO FDQ DSSURYH WDEOH RU GHQ\ WKH SURSRVHG UHVROXWLRQ
Staff Recommendation: 6WDII UHFRPPHQGV DSSURYLQJ WKH SURSRVHG
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Page 257 of 355
Department Unit #Description Make Model Year VIN/Serial#
Police 178 Vehicle Ford Crown Victoria 2004 2FAFP71W24X119554
Police 187 Vehicle Dodge Charger 2006 2B3KA43GX6H510920
Police 188 Vehicle Dodge Charger 2006 2B3KA43G76H481716
Police 196 Vehicle Dodge Charger 2007 2B3KA43H27H878146
Police 197 Vehicle Dodge Charger 2008 2B3KA43H68H138746
Police 204 Vehicle Dodge Charger 2009 2B3LA43T89H608916
Public Works 82 Backhoe John Deere 410 B 1985 1042191132192.00
Public Works 72 Backhoe Case 480 D 1983 9080218
Public Works 52 Vibrating Roller MultiQuip Inc.VR36HA 1997 970717
Public Works 171 Truck Ford F350 2000 1FDWF36S4YEB36905
Public Works 148 Truck Ford F150 1995 1FTEF14NOSLA91711
Public Works 35 Dump Truck Ford F350 1974 F37BRT69730
Public Works 129 Vehicle Ford Crown Victoria 1995 2FALP71W4FX172396
Public Works 126 Vehicle Ford Taurus 1994 1FALP5245RA221015
Public Works 67 Swing Loader NMC NMC 2000 1996 97010312
Page 258 of 355
Resolution #07-2017
RESOLUTION #07-2017
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB
DECLARING CERTAIN PROPERTY
OWNED BY THE CITY OF MOAB AS SURPLUS
WHEREAS, Moab City has the right and title to certain property listed below
and;
WHEREAS, the Governing Body of Moab City declares that at present time, it
has no use whatsoever for said property.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
MOAB CITY THAT:
1.The property detailed on the attached list is hereby declared as surplus city
property.
2.This resolution shall take affect immediately upon passage.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body
of Moab City Council this 14th day of February, 2017.
SIGNED:
______________________________
ATTEST: David L. Sakrison, Mayor
__________________________________
Rachel Stenta, City Recorder
Page 259 of 355
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
February 14, 2017
Agenda Item
#:8‐2
Title: Review and Possible Approval of a proposed Lease Option Agreement for the rental of
a recreational vehicle park located at 11781 South Highway 191 for the exclusive use of
Waste Water Treatment Plant contractor
Fiscal Impact: Initial Option Payment of $1,600 to secure the lease option
Staff Presenter: Amy Weiser, Community Services Director
Department: Community Services
Summary:
The City is in the process of awarding construction contracts for the new WWTP. There will
be a need for temporary housing for the construction workers. The City is proposing to
provide the option to the chosen general contractor to lease an existing RV park located at
11781 South Highway 191, owned by Carmco, LLC. The park has 13 RV spaces that the
owner has agreed to rent to the general contractor for $7,260/month, this breaks down to
$558.46/month per space or per contractor.
The City wants to make every effort to ensure that construction is completed in a timely
manner with as little disruption in labor as possible. Securing housing for the contractors is
essential to completing construction of the new plant.
Options: The City Council may approve as proposed, approve with changes or deny the
proposed lease.
Attachment(s): Lease Agreement
Page 260 of 355
1/23/2017 City of Moab Mail - RE: WWTP crew housing
https://mail.google.com/mail/u/0/?ui=2&ik=0bf0a4325f&view=pt&q=from%3Amcanany%40dwmk.com&qs=true&search=query&msg=159851ffc5b5683f&siml=15…1/2
Rachel Stenta <rstenta@moabcity.org>
RE: WWTP crew housing
Chris Mcanany <mcanany@dwmk.com>Mon, Jan 9, 2017 at 2:26 PM
To: Rachel Stenta <rstenta@moabcity.org>, David Everitt <deveritt@moabcity.org>
Rachel:
A lease is a purchase of an interest in real estate, and so would be exempted under Section 110D
of the ordinance. Assuming the property owner agrees to our proposal, we would probably need to alert the
Council to the exception at the time the lease is approved.
I checked with Rachel Moody, the broker helping the owner, last week. She has not heard back
from her client yet. I expect that he is still mulling the deal over, or he may have a counteroffer to make.
As soon as I have a substantive response I will let you know.
On the question of the purchasing ordinance, we should probably talk again about any additional
changes you feel to be necessary once you have the input from the other departments.
Christopher G. McAnany
Dufford, Waldeck, Milburn & Krohn, LLP
744 Horizon Court, Suite 300
Grand Junction, CO 81506
mcanany@dwmk.com
www.dwmk.com Website
(970) 2485862 Direct Line
(435) 2592225 Moab, Utah
(970) 2437738 – Facsimile
CONFIDENTIALITY NOTICE: This electronic transmission and any accompanying documents contain information
belonging to the sender which may be confidential and legally privileged. This information is intended only for the use
of the individual or entity to whom this electronic transmission was sent as indicated above. If you are not the intended
recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained
in this transmission is strictly prohibited. If you have received this transmission in error, please call collect at 970241
5500 and delete this transmission. Thank you.Page 261 of 355
1/23/2017 City of Moab Mail - RE: WWTP crew housing
https://mail.google.com/mail/u/0/?ui=2&ik=0bf0a4325f&view=pt&q=from%3Amcanany%40dwmk.com&qs=true&search=query&msg=159851ffc5b5683f&siml=15…2/2
From: Rachel Stenta [mailto:rstenta@moabcity.org]
Sent: Monday, January 09, 2017 2:18 PM
To: Chris Mcanany <mcanany@dwmk.com>
Cc: David Everitt <deveritt@moabcity.org>; Phillip Bowman <pbowman@moabcity.org>
Subject: WWTP crew housing
Hi Chris:
Phillip said you are working on an agreement for construction crew housing for the WWTP?
Will you address the purchasing exception aspect in your recommendation? It sounds like the cumulative payments will
be over for our threshold.
Just wanted to bring it to your attention.
Thanks.
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PL-17-27
Agenda Summary
Moab City Council Meeting
February 14, 2017
Agenda Item
#: 8-3
Title: Consideration to Adopt Resolution #10‐2017, Approving an Improvements Agreement for the
Buen Camino Boundary Line Adjustment Located at 459 and 469 Bowen Circle in the R‐2, Single‐
and Two‐ Family Residential Zone
Staff Presenter(s): Jeff Reinhart, Planning Director
Department: Planning and Zoning
Applicant: Chad Harris, Property Owner
Background/Summary:
The City received an application from Chad Harris for this simple boundary line adjustment on February
16, 2015. On January 10, 2017, the City Council approved the boundary line adjustment without
conditions. However, because there are some public improvements that are usually required as a
function of the building permit, an Improvements Agreement is necessary.
The Development Improvements Agreement, with exhibits, is attached for your review. This final step
will allow the applicant to obtain a building permit.
Staff Recommendation: Staff recommends that Council adopt Resolution #10‐2017 and approve the
agreement between the City and Chad and Margaret Harris for the Buen Camino Boundary Line
Adjustment.
Recommended Motion: I move to adopt Resolution #10‐2017 to approve the Improvements Agreement
between the City and Chad and Margaret Harris for the Buen Camino Boundary Line Adjustment.
Attachment(s): Improvements Agreement
Copy of Council Resolution #10‐2017
Improvements Agreement with Attachments
Page 271 of 355
CITY OF MOAB
RESOLUTION #10-2017
A RESOLUTION APPROVING THE IMPROVEMENTS AGREEMENT FOR BUEN CAMINO,
A LOT LINE ADJUSTMENT IN THE R-2 AT 459 AND 469 BOWEN CIRCLE
WHEREAS, Chad and Margaret Harris, “Owners” of 459 and 469 Bowen Circle, Moab, Utah, applied on
February 16, 2015, for the approval of a simple lot line adjustment for the described properties; and
WHEREAS, Owners are proposing to construct a single family residence on Lot 1 and a duplex on Lot 2;
and
WHEREAS, the proposed uses are allowed in the R-2 as listed in Moab Municipal Code (MMC) Chapter
17.45.020, Use Regulations; and
WHEREAS, subsequent to review of the proposed boundary line adjustment, the City of Moab
Engineering Department determined that there are public improvements that need to be constructed for
the project; and
WHEREAS, prior to recording the approved plat, the Applicant must execute a Development
Improvements Agreement (Agreement) with the City of Moab for the improvements listed in the
Agreement; and
WHEREAS, Owner furnished cost estimates for required improvements and agrees to construct the
improvements as attached to the Development Improvements Agreement as “Required Improvements”.
NOW, THEREFORE, be it resolved by the Moab City Council, with the adoption of Resolution #10-
2017, hereby approves the submitted Development Improvements Agreement (attached) for the Buen
Camino Subdivision, and the Council authorizes 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 February 14, 2017.
SIGNED:
______________________________
David L. Sakrison, Mayor
ATTEST:
__________________________________
Rachel Stenta, Recorder
Page 272 of 355
SUBDIVISION IMPROVEMENTS AND
DEVELOPMENT AGREEMENT
For
Buen Camino Subdivision
For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and
Chad D. Harris and Margaret Harris (Subdivider) referred to as the Parties, enter into the
following Subdivision Improvements and Development Agreement (the Agreement),
pursuant to Moab Municipal Code (MMC) Sections 16.20.010, to govern the development
of the subject property and the installation of subdivision improvements required by City
Code.
I. RECITALS.
a. On January 10, 2017 The City Council approved Resolution No. 02-2017, a
resubdivision creating two lots within a lot of the Roufa Subdivision, and it is necessary
to enter into this Agreement to confirm the requirements for necessary subdivision
improvements.
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. Subdivider 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
calculated and paid at the time of connection or the time when the service is
performed.
a). The uses permitted in the Subdivision shall correspond with the uses
authorized for the R-2 Zone in Moab Municipal Code Section 17.45.
Subject to the conditions in this Agreement, the Property has been
authorized for the following uses/activities: Lot 1, 17,538 Square feet;
and Lot 2, 8,257 square feet. The configuration of the Subdivision and
the uses therein shall conform to the Plat and Construction Plans as set
forth in Exhibit 2 to this Agreement.
Page 273 of 355
3.Required Improvements. Subdivider shall construct all of the improvements on
and adjacent to the Property shown on the Plat and Construction Plans as shown in
Exhibit 2 (the Required Improvements). Required Improvements shall include the public
improvements shown on the Construction Plans, as well as the following:
a). Site clearing and removal of obstructions;
b). General site grading of the Property;
c). Site utilities, including culinary water lines, fire hydrants, and sanitary
sewer lines;
d). Streets, curbs, gutters, and sidewalks;
e). Street striping, signage, and street lights;
f). Storm water drainage facilities;
g). Non-motorized pathways (if applicable)
h). All landscaping, irrigations systems, fencing, or other visual screening
required as a condition of approval;
i). all electric utility lines, cable television/data, and telephone lines; and
j). all incidental improvements necessary or specified for use and occupation
of the Subdivision.
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 the Required Improvements shall not
commence until the Effective Date of this Agreement. 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 Subdivider that there is good cause for an extension and
that the work has been diligently prosecuted from the Effective Date of
this Agreement.
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 and all development approvals shall be deemed
lapsed and shall have no further effect.
Page 274 of 355
6. Lot Sales, Building Permits, Plat Recording. No Building Permits will be issued until
such time as all of the Required Improvements are completed in accordance with the
phasing plan in this Agreement and, with respect to public improvements, accepted by
the City, except that building permits may be issued if Subdivider provides a Financial
Assurance to the City conforming to Section Eight, below. No final plat for the
Subdivision, or any phase thereof, 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. Subdivider 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 Subdivider prior
to approval and recording of a final plat for any phase of the Subdivision, or otherwise in
violation of this Agreement, shall be void.
7. Acceptance of Improvements, Warranty. All of the public improvements
comprising the Required Improvements shall be subject to quality assurance testing and
inspection as specified in the Construction Plans and/or applicable reference standards.
Subdivider or its authorized representative shall provide not less than forty (48) hours
minimum notification to City when inspection is required. The costs associated with such
testing and inspection shall be the responsibility of Subdivider. Any work which is rejected
following inspection must be repaired or replaced at the sole cost of the Subdivider. Any
work which is covered up prior to inspection may be rejected, in which case Subdivider
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 Subdivider to the City
of all such improvements. Subdivider shall convey all public improvements
to the City free and clear of any mechanic liens, claims, or other
encumbrances.
b). Subdivider 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. Subdivider shall promptly repair
or replace any defective work following receipt of written notice under this
warranty from the City.
c). To partially secure this obligation, Subdivider shall deposit with the City
the sum of THREE THOUSAND TWO HUNDRED FORTY SIX DOLLARS
($3,246.00), which sum is equal to ten percent (10%) of the construction
cost, as determined by the City Engineer, for public improvements
Page 275 of 355
comprising the Required Improvements (the Warranty Deposit).
d). The Warranty Deposit shall be paid by the Subdivider no later than fifteen
(15) calendar days from the Effective Date of this Agreement. In the
absence of any unperformed warranty claims, the City shall refund the
Warranty Deposit to Subdivider upon expiration of the warranty period for
the subject improvements. In the event of any default following delivery
of written notice to Subdivider with respect to Subdivider’s warranty
obligations, the City may elect to draw upon the warranty deposit to cure,
in whole or in part, any breach of warranty.
e). Subdivider 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 the 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 Subdivider
desires to record a final plat or obtain a building permit in advance of the completion of
all of the Required Improvements, then the Subdivider 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. The Financial
Assurance shall be in the form of a performance/payment bond, escrow account, letter
of credit or other financial instrument approved by the City Attorney in an amount which
is not less than one hundred forty percent (140%) of the construction cost set forth in the
Plat and Construction Plans of Exhibit 2, and as reviewed and approved by the City
Engineer in writing, of the remaining improvements which are not completed. If a
Financial Assurance is approved according to this Section Eight, Subdivider 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 Subdivider and all work shall be discontinued until
such time as an acceptable Financial Assurance has been established. If Subdivider 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 Subdivider may request a partial
Page 276 of 355
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 Subdivider to receive such partial release, the following shall
be presented to City:
i. A completed Escrow/Financial Assurance Partial Release Form
supplied by City and signed by a professional engineer serving as
agent for Subdivider;
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.
11. Final Release of Financial Assurance. If applicable, upon completion of all
Required Improvements in accordance with the approved Construction Plans, Subdivider
may request that the remainder of the Financial Assurance be released, provided that
Subdivider 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 Subdivider 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
Subdivider 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
Page 277 of 355
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
Subdivider describing the act, event, or omission constituting a default, and allowing
Subdivider 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 Subdivider in the ownership or development of all or
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.
Page 278 of 355
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; and
iii. except as otherwise provided herein, Subdivider shall have full
power and exclusive control of the Property.
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.
j). 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
Page 279 of 355
To Subdivider:
Chad Harris and Margaret Harris
P.O. Box 301
Moab, UT 84532
Email: cc@msdland.com
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.
l). Nothing in this Agreement shall be deemed to waive any governmental
or other immunity to which the City is entitled under law.
16. Indemnity. Subdivider 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 Subdivider, 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
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 and the Council has approved the final plan for Phases One through Three
of the Subdivision.
20. Counterparts. This Agreement may be executed in separate original
counterparts which, when combined, shall constitute the entire Agreement.
Exhibits:
1.—Legal Description of the Property
2. – Plat and Construction Plans
Page 280 of 355
IN WITNESS WHEREOF, 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 Subdivider as of the date(s) specified below.
CITY OF MOAB:
___________________
Mayor David L. Sakrison Date
ATTEST:
___________________
Rachel Stenta Date
City Recorder
SUBDIVIDER: 3
___________________
Chad Harris Date
_____________________________ ____________________
Margaret Harris Date
STATE OF UTAH )
)ss.
COUNTY OF GRAND )
The foregoing agreement was executed before me by Chad Harris, this _____
day of ____________, 2017. Witness my hand and official seal. My commission expires:
______________________.
______________________________
Notary Public, State of Utah
Address: ______________________
Page 281 of 355
STATE OF UTAH )
)ss.
COUNTY OF GRAND )
The foregoing agreement was executed before me by Margaret Harris, this
_____ day of ____________, 2017. Witness my hand and official seal. My commission
expires: ______________________.
______________________________
Notary Public, State of Utah
Address: ______________________
STATE OF UTAH )
)ss.
COUNTY OF GRAND )
The foregoing agreement was executed before me by the CITY OF MOAB by and
through David Sakrison, this _____ day of ____________, 2017. Witness my hand and
official seal. My commission expires: ______________________.
______________________________
Notary Public, State of Utah
Address: ______________________
Page 282 of 355
LEGAL DESCRIPTION
A DESCRIPTION OF LDT 22 OF THE BOWEN PLAT OF
NICHOLS-BOWEN SUBDIVISION, SECTION 6, T 26 S, R 22 E,
SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SE CORNER OF LOT 22 OF THE
BOWEN PLAT OF NICHOLS-BOWEN SUBDIVISION, SAID
CORNER BEARS N 56 41144 11E 43.01 FT. FROM THE
CENTERLINE MONUMENT AT THE INTERSECTION OF WEST
BOWEN CIRCLE AND NORTH BOWEN CIRCLE, PROCEEDING
THENCE N B7 °4610011W 1 65.00 FT. TO THE SW CORNER OF
SAID LOT 22, THENCE N 02 °14 100"E 1 60.00 FT. TD THE NW
CORNER OF SAID LOT 22, THENCE s B7°4610011E (RECORD=S
B7 °24'El 165.00 FT. TO THE NE CORNER OF SAID LOT 22,
THENCE S 02°14 'oo"w 160.00 FT. TO THE POINT OF
BEGINNING AND CONTAINING 0.61 ACRES, MORE OR LESS.
CORNERS ARE MONUMENTED AS SPECIFIED ON THE
ATTACHED PLAT.
BEARINGS ARE BASED ON THE MONUMENTED
CENTERLINE OF BOWEN CIRCLE (BEARING=S B7°4610011 E).
____________________________________________________________
Page 283 of 355
EXHIBIT 2 1 of 9EXHIBIT 2Page 284 of 355
EXHIBIT 2 2 of 9Page 285 of 355
EXHIBIT 2 3 of 9Page 286 of 355
EXHIBIT 2 4 of 9Page 287 of 355
EXHIBIT 2 5 of 9Page 288 of 355
EXHIBIT 2 6 of 9Page 289 of 355
EXHIBIT 2 7 of 9Page 290 of 355
EXHIBIT 2 8 of 9Page 291 of 355
Project
OPINION OF PROBABLE CONSTRUCTION COST Updated January 24, 2017
Phase 1
Item Description Quantity Units Unit Price Total
1 Excavation 402 cu yd $4.00 $1,608.00
2 4" Hot Asphalt Mix 3,331 sq ft 5.00 16,655.00
3 8" Type II Road Base Course 3,331 sq ft 0.80 2,664.80
4 30" Curb & Gutter (w/ Type II Base)125 ln ft 25.00 3,125.00
5 Sewer Lateral 6"1 each 1,000.00 1,000.00
6 Water Meter Service (1")1 each 1,000.00 1,000.00
7 Relocate light/power pole 1 each 2,173.00 2,173.00
Subtotal $28,225.80
15%Contingency $4,233.87
Total Amount $32,459.67
K9538
Buen Camino Subdivision
Moab, Utah
The user of the above opinion of probable construction cost understands that Rosenberg Associates ,the Consultant,has no control over the cost or availability of labor,
equipment or materials,or over market conditions or the Contractor's method of pricing,and that the Consultant's opinions of probable construction costs are made on the
basis of the Consultant's professional judgement and experience.The Consultant makes no warranty,express or implied,that the bids or the negotiated cost of the Work
will not vary from the above.
EXHIBIT 2
9 of 9
Page 292 of 355
PL-17-26
Agenda Summary
Moab City Council Meeting
February 14, 2017
Agenda Item
#: 8-4
Title: Consideration to Adopt Resolution #09‐2017, Approving an Improvements Agreement for the
Moab Bolt Project Located in the C‐1, Commercial Residential Zone at 245 W North Mi Vida Drive
Staff Presenter(s): Jeff Reinhart, Planning Director
Department: Planning and Zoning
Applicant: Matt Hancock and Steve Gates
Background/Summary:
The City began discussions with the developer, Moab Bolt Company in June 2016, and an application for
the bike shop was received on August 4. At the Planning Commission meeting on January 12, 2017, the
site plan was conditionally approved. Planning Resolution #02‐2017 established a single condition for
the approval of the site plan as shown below.
1.Prior to issuance of a building permit, the Applicant must execute a Development
Improvements Agreement (DIA) with the City of Moab for required public improvements.
The Development Improvements Agreement, with exhibits, is attached for your review. This final step in
the approval of the site plan will allow the applicant to obtain a building permit.
Staff Recommendation: Staff recommends that Council adopt Resolution #09‐2017 and approve the
agreement between the City and Moab Bolt Company.
Recommended Motion: I move to adopt Resolution #09‐2017 to approve the Improvements Agreement
between the City and Moab Bolt Company, and direct the mayor to sign the agreement.
Attachment(s): Improvements Agreement
Copy of Council Resolution #09‐2017
Improvements Agreement with Attachments
Page 293 of 355
CITY OF MOAB
RESOLUTION #09-2017
A RESOLUTION APPROVING THE IMPROVEMENTS AGREEMENT FOR MOAB BOLT
COMPANY ON PROPERTY LOCATED AT 245 W NORTH MI VIDA DRIVE
WHEREAS, Matthew Hancock, and Wendell Williams, acting on behalf of Moab Bolt Company as
“Owner” of record of Lots 9 and 10, Block E, Amended Portions of Plats A and B, Utex Subdivision and
consisting of .58 acres (25,336 square feet) located in the C-1 Commercial Residential Zone at 245 W
North Mi Vida Drive, Moab, Utah, applied for the approval of a commercial site plan on the described
property; and
WHEREAS, Owner is proposing to construct a retail and recreation service business that has a footprint
of two thousand seven hundred square feet and adequate parking and landscaping as proposed on the
submitted drawings, plans and specifications; and
WHEREAS, the proposed uses are allowed in the C-1 as listed in Moab Municipal Code (MMC) Chapter
17.20.020, Use Regulations; and
WHEREAS, Owner through its representatives, provided the City of Moab with the necessary documents,
plans and drawings to complete the application for review of the commercial site plan as required in Code
Chapter 17.09.660 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 January 12, 2017; and
WHEREAS, the City of Moab Engineering and Public Works Departments, through a review of the
submitted site plan for the development of said property, determined that required public improvements
needed to be constructed for the project; and prior to the issuance of a building permit, the Applicant must
execute a Development Improvements Agreement with the City of Moab for those improvements; and
WHEREAS, Owner furnished cost estimates for required improvements and agrees to construct the
improvements as attached to the Development Improvements Agreement as “Required Improvements”.
NOW, THEREFORE, be it resolved by the Moab City Council, with the adoption of Resolution #09-
2017, hereby approves the submitted Improvements Agreement (attached) for the Moab Bolt Bike Shop
Project at 245 Williams Way 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 February 14, 2017.
SIGNED:
______________________________
David L. Sakrison, Mayor
ATTEST:
__________________________________
Rachel Stenta, Recorder
Page 294 of 355
DEVELOPMENT IMPROVEMENTS AGREEMENT
For
Moab Bolt Company Commercial Development
For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and
Moab Bolt Co. ,LLC, a Utah limited liability company (Developer) mutually referred to as
the “Parties”, enter into the following Development Improvements Agreement (the
Agreement), pursuant to Moab Municipal Code Section 17.09.660 et seq., to govern the
development of the subject property and the installation of required improvements.
I. RECITALS.
A. On January 12, 2017 the City Planning Commission granted conditional site plan
approval to the application by Developer for commercial development at 245 West,
North Mi Vida Drive (the Project), subject to the following conditions:
i. The Applicant must execute a Development Improvements Agreement
defining all public improvements and off-site sanitary sewer improvements (already
constructed) required for the project, and provide the appropriate performance
warranty guarantee amounts for those improvements.
ii. Prior to the start of construction, the Applicant must provide an
approved Utah Department of Transportation (UDOT) Right-of-way Encroachment
Permit for the construction of all curb, gutter, sidewalk, and other improvements to be
constructed in the UDOT right-of-way.
B. Developer has submitted to the City its preliminary design drawings,
which show in sufficient detail the required improvements for the Project.
II. AGREEMENT
THE PARTIES AGREE AS FOLLOWS:
1. Covered Property. The recitals above are incorporated into the terms of this
Agreement. The real property in the County of Grand, State of Utah, subject to this
Agreement is described as set forth in below (the Property):
Lots 9 and 10, Block E, Amended Portions of Plats A and B, Utex Subdivision; Parcel No.
01MUT0088.
2. Payment of Fees; Approved Land Uses. Developer agrees to pay all in-effect City
fees applicable to the Project, including but not limited to, impact fees, connection fees,
building permit fees, and applicable inspection fees. Applicable fees shall calculated and
paid, and service obligations established, at the time of connection, or the time when
Page 295 of 355
the service is performed. Developer shall comply with all required site plan approval
conditions.
a). The approved land use for the Project includes retail development and those
uses authorized in the C-1 zoning district, Moab Municipal Code Chapter 17.20,
as depicted in the Site Plan and Construction Drawings attached as Exhibit 1.
3. Required Improvements and Approvals. Developer shall construct all of the
improvements on and adjacent to the Property shown in the Site Plan and Construction
Drawings in Exhibit 1 (the Required Improvements). Required Improvements shall
include those shown in Exhibit 1 as well as the following (as may be applicable):
a). Site utilities, including culinary water lines, fire hydrants, and sanitary
sewer lines;
b). Streets, curbs, gutters, and sidewalks;
c). Street striping, signage, and street lights;
d). Storm water drainage facilities;
e). Non-motorized pathways, if any;
f). All landscaping, irrigations systems, fencing, or other visual screening;
g). all electric utility lines, cable television/data, and telephone lines; and
h). all incidental improvements necessary or specified for use and
occupation of the Property.
4. Improvements to be Completed in Conformity 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 the Required Improvements shall not
commence until the Effective Date of this Agreement. Construction of all Required
Improvements shall be completed within three hundred sixty five (365) 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.
b). If the construction of the Required Improvements is not completed and
accepted within the timelines specified herein, or as lawfully extended,
Page 296 of 355
then the development approvals shall be deemed lapsed and shall have
no further effect.
6. Occupancy. No Certificate of Occupancy shall be issued, and no occupancy shall
commence, until such time as: i) all of the Required Improvements are completed in
accordance with this Agreement and, with respect to public improvements, accepted by
the City; and ii) all other performances required by this Agreement have been
completed.
7. Acceptance of Public Improvements, Warranty. All of the Public Improvements
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 (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 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 of new materials, 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). To partially secure this obligation, Developer shall deposit with the City
the sum of TEN THOUSAND SEVENTY FIVE DOLLARS ($10,075.00), which
sum is equal to ten percent (10%) of the construction cost, as described
in Exhibit 1, for Public Improvements (the Warranty Deposit). The
Warranty Deposit shall be delivered to the City no later than fifteen (15)
calendar days from the Effective Date of this Agreement.
d). The Warranty Deposit shall be paid by the Developer before issuance of a
building permit. In the absence of any unperformed warranty claims, the
City shall refund the Warranty Deposit to Developer upon expiration of
the warranty period for the subject improvements. In the event of any
default following delivery of written notice to Developer with respect to
Developer’s warranty obligations, the City may elect to draw upon the
Page 297 of 355
warranty deposit to cure, in whole or in part, any breach of warranty.
e). 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 the Public Improvements.
8. Zoning Compliance; Permits. Certificates of Occupancy for structures within the
Property shall only be issued upon satisfactory completion and acceptance of all
Required Improvements.
9. Default, Remedies, Lapse of Site 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 Warranty Deposit; ii).
withholding building permits, certificates of occupancy, or certificates of
zoning compliance; iii) obtaining an injunction to halt or abate zoning
violations or breach of this Agreement; iv) recording an affidavit of a
Lapse of Site 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 Site Plan by the City shall result
in the lapse of all prior land use approvals and the voiding of the Site Plan
as to the Property.
10. Recording. This Agreement shall be recorded in the Grand County land
records and constitutes an encumbrance against the subject Property.
11. 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 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.
Page 298 of 355
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 Development Improvements
Agreement, all exhibits hereto, the Final Site Plan, 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 private improvements to the
Property, and the City has no responsibility for public
improvements unless/until the City accepts dedication pursuant
to this Agreement; and
iii. except as otherwise provided herein, Developer shall have full
power and exclusive control of the Property.
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.
Page 299 of 355
j). 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:
City of Moab:
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To Developer:
Moab Bolt Co., LLC
111 Arches Drive
Moab, UT 84532
Attn: Matthew W. Hancock
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.
l). Nothing in this Agreement shall be deemed to waive any governmental
or other immunity to which the City is entitled under law.
m). This Agreement is a valid and binding obligation executed after obtaining
all necessary authority required of the Parties.
12. 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 Property
or the performance of this Agreement.
13. Future Legislative Power. Nothing in this Agreement shall be construed to
impair, limit, or abrogate the future legislative power or zoning authority of the City.
14. Minor Plan Amendments. The City Engineer shall have the authority to authorize
in a writing designated as a Minor Plan Amendment such minor changes as to the
location or configuration of improvements or the like where such changes may become
necessary because of unforeseen site conditions, engineering difficulties, or design
problems, provided that all such changes must be consistent with the overall intent and
purpose of this Agreement.
Page 300 of 355
15. Effective Date. The effective date of this Agreement is the date when it is signed
by all Parties as set forth below.
16. Counterparts. This Agreement may be executed in separate original
counterparts which, when combined, shall constitute the entire Agreement.
List of Exhibits:
1. Site Plan, Cost Estimate, and Construction Drawings.
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 as of the
date(s) specified below.
CITY OF MOAB:
___________________
Mayor David L. Sakrison Date
ATTEST:
___________________
Rachel Stenta Date
City Recorder
DEVELOPER: MOAB BOLT CO., LLC
___________________
Mattew W. Hancock, Manager Date
Page 301 of 355
STATE OF UTAH )
)ss.
COUNTY OF GRAND )
The foregoing Development Improvements Agreement was executed before me
by_____________________________, this _____ day of ____________, 201__.
Witness my hand and official seal.
My commission expires: ______________________.
______________________________
Notary Public, State of Utah
Address: ______________________
STATE OF UTAH )
)ss.
COUNTY OF GRAND )
The foregoing Development Improvements Agreement was executed before me
by_____________________________, this _____ day of ____________, 201___.
Witness my hand and official seal.
My commission expires: ______________________.
______________________________
Notary Public, State of Utah
Address: ______________________
STATE OF UTAH )
)ss.
COUNTY OF GRAND )
The foregoing Development Improvements Agreement was executed before me
by_____________________________, this _____ day of ____________, 201 ___.
Witness my hand and official seal. My commission expires: ______________________.
____________________________________
Notary Public, State of Utah
Address: ______________________
-End of Document-
-Exhibits Follow-
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ENGINEER'S ESTIMATE OF
PUBLIC IMPROVEMENT
CONSTRUCTION COST
MOAB BOLT COMPANY
CITY OF MOAB, UTAH
1/6/2017
ITEM NO.CONTRACT ITEM UNIT QUANTITY Unit Cost Total
1 NEW STANDARD 30" CURB & GUTTER WITH ATTACHED 6' WIDE x 4"
THICK CONCRETE SIDEWALK PER PLAN, INC. SUBGRADE PREPARATION LF 200 $ 85.00 $ 17,000
2 NEW ACCESSIBLE RAMPED DRIVEWAY PER UDOT STANDARD DRAWING
GW 4A, 7" THICK DRIVE PAD (24' DRIVEWAY WIDTH)EA 1 $ 1,500.00 $ 1,500
3 NEW ACCESSIBLE PEDESTRIAN ACCESS RAMP PER UDOT STANDARD
DRAWING GW 5D EA 1 $ 1,000.00 $ 1,000
4 ASPHALT PAVEMENT PATCH (4" THICKNESS) PER MOAB CITY
STANDARDS SY 350 $ 45.00 $ 15,750
5 AGGREGATE BASE COURSE (CLASS 6) (9" DEPTH)CY 90 $ 30.00 $ 2,700
6 AGGREGATE BASE COURSE (CLASS 2) (6" DEPTH)CY 60 $ 35.00 $ 2,100
7 CONNECTION TO EXISTING MANHOLE, INC. ALL FITTINGS EA 1 $ 500.00 $ 500
8 NEW 8" SEWER MAIN PER PLAN LF 350 $ 60.00 $ 21,000
9 NEW 48" SEWER MANHOLE EA 2 $ 4,000.00 $ 8,000
10 NEW 60" STORM DRAIN MANHOLE, INC. CONNECTION TO EXISTING 30"
CULVERT AND ALL NECESSARY FITTINGS EA 1 $ 5,000.00 $ 5,000
11 NEW 35"x24" CMPA STORM DRAIN PER PLAN LF 151 $ 100.00 $ 15,100
12 NEW CONCRETE STORM DRAIN HEADWALL PER PLAN EA 1 $ 1,500.00 $ 1,500
12 3/4" WATER SERVICE, INC. TAPPING SADDLE, SERVICE LINE & METER PIT LF 120 $ 15.00 $ 1,800
13 4" SEWER SERVICE COMPLETE, INC. SADDLE, SERVICE LINE AND
NECESSARY FITTINGS LF 390 $ 20.00 $ 7,800
$ 100,750 Total Estimate
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C1.2Checked By:Drawn By:Project Number:GOFF ENGINEERING& SURVEYING, INC.126 ROCK POINTDRIVE SUITE AP.O. BOX 97DURANGO,COLORADO 81302(970) 247-1705www.GoffEngineering.com16-011TWERSHEXHIBIT 1
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C3.2Checked By:Drawn By:Project Number:GOFF ENGINEERING& SURVEYING, INC.126 ROCK POINTDRIVE SUITE AP.O. BOX 97DURANGO,COLORADO 81302(970) 247-1705www.GoffEngineering.com16-011TWERSHEXHIBIT 1
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C3.5Checked By:Drawn By:Project Number:GOFF ENGINEERING& SURVEYING, INC.126 ROCK POINTDRIVE SUITE AP.O. BOX 97DURANGO,COLORADO 81302(970) 247-1705www.GoffEngineering.com16-011TWERSHEXHIBIT 1
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C4.1Checked By:Drawn By:Project Number:GOFF ENGINEERING& SURVEYING, INC.126 ROCK POINTDRIVE SUITE AP.O. BOX 97DURANGO,COLORADO 81302(970) 247-1705www.GoffEngineering.com16-011TWERSHEXHIBIT 1
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PL-17-25
Agenda Summary
Moab City Council Meeting
February 14, 2017
Agenda Item
#: 8-5
Title: Consideration to Adopt Resolution #08‐2017, Approving an Improvements Agreement for the Slot
Canyon Renovation Project Located in the C‐2, Commercial‐Residential Zone at 245 Williams Way
Staff Presenter(s): Jeff Reinhart, Planning Director
Department: Planning and Zoning
Applicant: Lorin Mortensen and Mark Holt
Background/Summary:
The City began discussions with the developer, Cascade Creek, LLC, in late 2015, and Staff first received
the application on April 1, 2016. At the Planning Commission meeting on October 27, 2016, the site plan
was conditionally approved. Planning Resolution #15‐2016 established two conditions for the approval
of the site plan. Those included:
1.The Applicant must execute a Development Improvements Agreement (DIA) with the City of
Moab defining all public improvements and guarantee amounts, and on-site and off-site
sanitary sewer improvements adjacent to the project that are required to be completed prior to
the issuance of a Building Permit. The DIA will define the cost sharing agreement and
amounts to be paid by each party related to the sanitary sewer improvements required for the
project, with the maximum amount of contribution from the City limited to seven-thousand
dollars ($7,000).
2.The Applicant must submit all off-site and on-site sanitary sewer, sewer service, water service,
and/or other utility easements required by the project for the subject and adjacent property(ies)
to the City Engineer for review and approval. All easements required by the project must be
recorded prior to the issuance of a Building Permit.
The Development Improvements Agreement, with exhibits, is attached for your review. This final step in
the approval of the site plan will allow the applicant to obtain a building permit.
Staff Recommendation: Staff recommends that Council adopt Resolution #08‐2017 and approve the
agreement between the City and Cascade Creek, LLC.
Recommended Motion: I move to adopt Resolution #08‐2017 to approve the Improvements Agreement
between the City and Cascade Creek, LLC, and direct the mayor to sign the agreement.
Attachment(s): Improvements Agreement
Page 317 of 355
2
Copy of Council Resolution #08‐2017
Improvements Agreement with Attachments
Page 318 of 355
CITY OF MOAB
RESOLUTION #08-2017
A RESOLUTION APPROVING THE IMPROVEMENTS AGREEMENT FOR THE SLOT CANYON
RENOVATION PROJECT AT 245 WILLIAMS WAY
WHEREAS, Mark Holt and Lorin Mortensen acting on behalf of Cascade Creek, LLC, with offices at 251 South
839 East, Smithfield, Utah 84335, as the “Owner” of record of 245 Williams Way, Moab, Utah, a .10 acre (4,400
square feet) parcel of land located in the C-2 (Commercial Residential Zone), applied for the approval of a
commercial site plan on said property; and
WHEREAS, Owner is proposing to renovate an existing structure 1,200 square feet in size, that has been used as an
office space in the past. The renovation will include façade updates, removing approximately one-half of the
concrete and replace with landscaping, and update the site utilities; and
WHEREAS, the structure will be used as three short term rentals with the attendant parking, landscaping, and storm
water structures as required by the Moab Municipal Code (MMC).
WHEREAS, the use of short term rentals are a permitted use in the C-2, Commercial Residential, Zone as
established in MMC Chapter 17.21.020; and
WHEREAS, on June 16, 2016, Owner provided the City of Moab with the necessary documents, plans and drawings
to complete the application for review of the commercial site plan as required in Code Chapter 17.09.660; and
WHEREAS, the City of Moab Engineering and Public Works Departments, through a review of the submitted site
plan for the development of said property, determined that required public improvements needed to be constructed
for the project; and
WHEREAS, Owner furnished cost estimates for required improvements and agrees to construct the improvements
as included in the cost estimate from Lance Excavating, as attached to the Development Improvements Agreement
as Exhibit 3, “Required Improvements”.
NOW, THEREFORE, be it resolved by the Moab City Council, with the adoption of Resolution #08-2017, hereby
approves the submitted Improvements Agreement (attached) for the Slot Canyon Renovation Project at 245
Williams Way 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
February 14, 2017.
SIGNED:
______________________________
David L. Sakrison, Mayor
ATTEST:
__________________________________
Rachel Stenta, Recorder
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AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
February 14, 2017
Agenda Item
#: 8-6
Title: Approval of REVISED Change Order #2 with Harrison Field Services for the
WRF Site Preparation Project with a credit amount of $47,510.00
Fiscal Impact: project credit of $47,510.00
Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer
Department: Engineering
Contractor: Harrison Field Services, Inc. (HFS)
Background/Summary: This Revised Change Order is required to modify the
originally approved amount for the work, and provide the project with the “credit”
that is due based on the decreased scope needed for the work item.
Change Order #2 was approved by the City Council on January 10, 2017. The
estimated quantities to develop the cost of the original change order were based
on the best information available prior to the completion of the work. As the
contractor, Harrison Field Services (HFS), performed the work and coordinated
with City staff and the City’s consultants, the scope of the additional work required
was reduced. As a result, less material was needed than original ly estimated and
the project was only charged for the actual amount of material placed.
The costs associated with REVISED Change Order #2 are summarized on Invoice
No. 5248 submitted by HFS. The work done was observed and inspected by City
staff and the project geotechnical engineer, and all agree that the completed work
has met the needs of the project. The final costs are itemized on the attached
REVISED Contract Change Order #2 form and support documentation. The total
cost for REVISED Change Order #2 results in a project credit of $47,510.00, and
the total contract amount for the project will now be decreased to $1,067,825.10.
The decreased total contract amount is budgeted in Fiscal Year 2017 as part of
the “Impact Project/Sewer – WWTP Upgrades” project in the Capital Projects
Budget.
Page 335 of 355
Options: The Council may approve, approve with conditions, deny, or postpone
the item.
Staff Recommendation: Staff recommends approval of REVISED Change
Order #2.
Recommended Motion: “I move to approve REVISED Change Order #2 with
Harrison Field Services for the WRF Site Preparation Project with a credit
amount of $47,510.00”
Attachments:
REVISED Contract Change Order #2 form and support documentation
Page 336 of 355
CONTRACT CHANGE ORDER
Project: City of Moab – WRF Site Preparation Project
Date: February 9, 2016
Change Order No.: 2 - REVISED
To: Harrison Field Services, Inc.
You are hereby directed to comply with the following changes from the contract plans and specifications:
Item No. Description of Changes, Quantities, Units, Unit
Prices, Change in Completion Schedule, etc.
Decrease In
Contract
Price
Increase In
Contract
Price
REVISED CO #2 2-inch Drain Rock for subgrade stabilization ( $47,510.00 )
(Per Invoice No. 5248 – all work complete)
Change in contract price due to this Change Order: ( $47,510.00 ) $0.00
Total Decrease ( $47,510.00 )
Total Increase $0.00
Difference between Col. 3 & 4 ( $47,510.00 ) $0.00
Net increase or decrease ( $47,510.00 ) $0.00
The total amount paid for REVISED Change Order # 2 shall be based on Invoice No. 5248 (the amount of
$22,084.60), and only the items of work completed as noted on the invoice will be paid.
The sum of $ 47,510.000 is hereby deducted from the total contract price and the total adjusted contract price to
date thereby is $ 1,067,825.10 .
The time provided for completion in the contract is unchanged. This Document shall become an amendment to the
contract & all provisions of the contract will apply hereto.
Recommended: February 9, 2017 _
Phillip M. Bowman, City Engineer Date
Approved by:
David L. Sakrison, Mayor Date
Attest:
Rachel E. Stenta, City Recorder Date
Page 337 of 355
Page 338 of 355
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
February 14, 2017
Agenda Item
#: 8-7
Title: Approval of Change Order #3 with Harrison Field Services for the WRF Site
Preparation Project in the amount of $1,060.00
Fiscal Impact: $1,060.00
Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer
Department: Engineering
Contractor: Harrison Field Services, Inc. (HFS)
Background/Summary: This Change Order is required to address a minor plan
revision proposed by the design consultant on the WRF Site Preparation Project.
During the completion of the final design of the site improvements on the Water
Reclamation Facility (WRF) project, it was identified that a small retention pond
was needed to meet the City’s storm drainage design requirements. The retention
pond will be located at the southwest corner of the site, but was not shown on the
plan sheets included in the bid documents for the Site Preparation Project. A
revised plan sheet was prepared, and Harrison Field Services (HFS) has provided
a cost estimate to complete this additional work.
The estimated cost is shown on the attached Contract Change Order #3 form and
support documentation. The total cost for Change Order #3 is $1,060.00, and the
total contract amount for the project will now be increased to $1,068,885.10.
The increased total contract amount is budgeted in Fiscal Year 2017 as part of the
“Impact Project/Sewer – WWTP Upgrades” project in the Capital Projects Budget.
Options: The Council may approve, approve with conditions, deny, or postpone
the item.
Staff Recommendation: Staff recommends approval of Change Order #3.
Page 339 of 355
Recommended Motion: “I move to approve Change Order #3 with Harrison
Field Services for the WRF Site Preparation Project in the amount of
$1,060.00”
Attachments:
Contract Change Order #3 form and support documentation
Page 340 of 355
CONTRACT CHANGE ORDER
Project: City of Moab – WRF Site Preparation Project
Date: February 9, 2017
Change Order No.: 3
To: Harrison Field Services, Inc.
You are hereby directed to comply with the following changes from the contract plans and specifications:
Item No. Description of Changes, Quantities, Units, Unit
Prices, Change in Completion Schedule, etc.
Decrease In
Contract
Price
Increase In
Contract
Price
CO # 3 Retention Pond Grading - complete $1,060.00
(Per Sheet C-02, Rev 1 dated Dec 2016 )
Change in contract price due to this Change Order: $0.00 $1,060.00
Total Decrease $0.00
Total Increase $1,060.00
Difference between Col. 3 & 4 $0.00 $1,060.00
Net increase or decrease $0.00 $1,060.00
The amount paid for Change Order # 3 shall be based on the completed work associated with the grading and
excavation of the site retention pond.
The sum of $ 1,060.00 is hereby added to the total contract price and the total adjusted contract price to date
thereby is $ 1,068,885.10 .
The time provided for completion in the contract is unchanged. This Document shall become an amendment to the
contract & all provisions of the contract will apply hereto.
Recommended: February 9, 2017 _
Phillip M. Bowman, City Engineer Date
Approved by:
David L. Sakrison, Mayor Date
Attest:
Rachel E. Stenta, City Recorder Date
Page 341 of 355
HARRISON FIELD SERVICES, INC.
PO Box 1087
Moab, Utah 84532
(435)259-6430
Name / Address
CITY OF MOAB
Sewer site prep
21 7 East Center Street
Moab, Utah 84532
Description
CHA GE ORDER #3
Retention Pond- Excavation of retention pond as per planned.
NOTE:: This estimate does not include surveying.
Acceptance of Proposal: The above prices specifications and conditions are
satisfactory and hereby accepted. You are authorized to do the work as specified.
Payment will be made as outlined above.
Qty Cost
I
Total
Signature
Estimate
Date Estimate#
1/9/2017 1081
I Project I WRF SITE PREP -
Total
0.00 0.00
1,060.00 1.060.00
I
I I
I
I
$1.060.00
Page 342 of 355
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
February 14, 2017
Agenda Item
#: 8-8
Title: Approval of Change Order #4 with Harrison Field Services for the WRF Site
Preparation Project in the amount of $13,500.00
Fiscal Impact: $13,500.00
Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer
Department: Engineering
Contractor: Harrison Field Services, Inc. (HFS)
Background/Summary: This Change Order is required to address the
possibility of inclement weather delays that could be encountered on the WRF Site
Preparation Project.
City staff has met with Harrison Field Services (HFS) to discuss the schedule for
completion of the project, and the need for work to extend for an additional length
of time to meet the terms of the approved environmental permits on the site. One
of the risks identified by HFS with the extension of the time of work is the
possibility of weather delay days when freezing temperatures, snow, ice, or rain
occur. In an effort to address this risk, it was agreed that fill material would be
stock piled on the site (instead of placed and compacted) on the weather delay
days. There is an additional cost for double handling this material, and the
maximum amount of additional cost is capped with this change order at 5,000 C.Y.
at a unit price of $2.70 per C.Y. If the maximum amount of this change order is
not utilized (i.e. there is not 5,000 C.Y. of material stockpiled), then the remaining
value of Change Order #4 will be made available for other contingency items that
may be needed on the project.
The estimated cost is shown on the attached Contract Change Order #4 form and
support documentation. The total cost for Change Order #4 is $13,500.00, and
the total contract amount for the project will now be increased to $1,082,385.10.
The increased total contract amount is budgeted in Fiscal Year 2017 as part of the
“Impact Project/Sewer – WWTP Upgrades” project in the Capital Projects Budget.
Page 343 of 355
Options: The Council may approve, approve with conditions, deny, or postpone
the item.
Staff Recommendation: Staff recommends approval of Change Order #4.
Recommended Motion: “I move to approve Change Order #4 with Harrison
Field Services for the WRF Site Preparation Project in the amount of
$13,500.00”
Attachments:
Contract Change Order #4 form and support documentation
Page 344 of 355
CONTRACT CHANGE ORDER
Project: City of Moab – WRF Site Preparation Project
Date: February 9, 2017
Change Order No.: 4
To: Harrison Field Services, Inc.
You are hereby directed to comply with the following changes from the contract plans and specifications:
Item No. Description of Changes, Quantities, Units, Unit
Prices, Change in Completion Schedule, etc.
Decrease In
Contract
Price
Increase In
Contract
Price
CO # 4 Stock Piling and Double Handling of Fill Material $13,500.00
(Per Estimate # 1080, maximum of 5,000 CY )
Change in contract price due to this Change Order: $0.00 $13,500.00
Total Decrease $0.00
Total Increase $13,500.00
Difference between Col. 3 & 4 $0.00 $13,500.00
Net increase or decrease $0.00 $13,500.00
The amount paid for Change Order # 4 shall be based on the actual amount of fill material that is stock piled and
double handled due to weather days (i.e. freezing temperatures, snow, ice, and/or rain), with a maximum amount
authorized of 5,000 C.Y. at a unit cost of $2.70 per C.Y. Stock piling will only be done with PRIOR
AUTHORIZATION by the City Engineer (or designated representative) on the day that stock piling is proposed. If
the full amount of stock piling authorized (5,000 C.Y.) is not utilized, the remaining value of this change order will
be converted to contract contingency and will be available for other work on the project.
The sum of $ 13,500.00 is hereby added to the total contract price and the total adjusted contract price to date
thereby is $ 1,082,385.10 .
The time provided for completion in the contract is unchanged. This Document shall become an amendment to the
contract & all provisions of the contract will apply hereto.
Recommended: February 9, 2017 _
Phillip M. Bowman, City Engineer Date
Approved by:
David L. Sakrison, Mayor Date
Attest:
Rachel E. Stenta, City Recorder Date
Page 345 of 355
HARRISON FIELD SERVICES, INC.
PO Box 1087
Moab, Utah 84532
( 435)259-6430
Name I Address
CITY OF MOABSewer site prep 21 7 East Center StreetMoab. Utah 84532
Description I
I CHANGE ORDER #4
STOCKPILI1 G SUITABLE FILL ON SITE- 6" At"\lD 3" I
:::::::�::::::�:::::;::ATE OF 5 000 CUBIC I YARDS AND STOCKPILING WILL BE DO 'E AS NEEDED !PER WEATHER PE, DING.
Acceptance of Proposal: The above prices specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified.Payment will be made as outlined above.
i '
Qty Cost
Total
Signature
Estimate
Date Estimate#
1/9/2017 1080
o.oo I2.70 I
I Project
I WRF SITE PREP I
Total
0.00
2.70
$2.70
Page 346 of 355
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
February 14, 2017
Agenda Item
#: 8-9
Title: Approval of Change Order #5 with Harrison Field Services for the WRF Site
Preparation Project in the amount of $36,850.00
Fiscal Impact: $36,850.00
Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer
Department: Engineering
Contractor: Harrison Field Services, Inc. (HFS)
Background/Summary: This Change Order is required to extend to the
duration of the project, and address the costs incurred with the time extension.
During the final design phase of this project, it was identified in the approved
environmental permit that construction activity would need to continue on the site
once it began. The original duration of the Site Preparation Project was set at 60
days, and the bid received from Harrison Field Services (HFS) was based on
performing the work in that amount of time. At the start of the project, City staff
met with HFS to discuss the costs associated with extending the duration of work
to help meet the requirements of the approved environmental permit. Through
discussions and negotiations with HFS, it was determined that the cost for this
extension would be primarily based on the equipment cost for the additional time.
Estimate # 1084 outlines the additional costs and the negotiated credits, with a
total amount of $36,850.00. Approval of the change order will extend the duration
of the project by 28 days, and will require that substantial completion of the project
be attained on or around March 3, 2017.
The estimated cost is shown on the attached Contract Change Order #5 form and
support documentation. The total cost for Change Order #5 is $36,850.00, and
the total contract amount for the project will now be increased to $1,119,235.10.
The increased total contract amount is budgeted in Fiscal Year 2017 as part of the
“Impact Project/Sewer – WWTP Upgrades” project in the Capital Projects Budget.
Options: The Council may approve, approve with conditions, deny, or postpone
the item.
Page 347 of 355
Staff Recommendation: Staff recommends approval of Change Order #5.
Recommended Motion: “I move to approve Change Order #5 with Harrison
Field Services for the WRF Site Preparation Project in the amount of
$36,850.00”
Attachments:
Contract Change Order #5 form and support documentation
Page 348 of 355
CONTRACT CHANGE ORDER
Project: City of Moab – WRF Site Preparation Project
Date: February 9, 2017
Change Order No.: 5
To: Harrison Field Services, Inc.
You are hereby directed to comply with the following changes from the contract plans and specifications:
Item No. Description of Changes, Quantities, Units, Unit
Prices, Change in Completion Schedule, etc.
Decrease In
Contract
Price
Increase In
Contract
Price
CO # 5 Equipment Costs for Contract Time Extension $36,850.00
(Per Estimate #1084)
Change in contract price due to this Change Order: $0.00 $36,850.00
Total Decrease $0.00
Total Increase $36,850.00
Difference between Col. 3 & 4 $0.00 $36,850.00
Net increase or decrease $0.00 $36,850.00
The amount paid for Change Order # 5 shall be only the cost specified on Estimate #1084.
The sum of $ 36,850.00 is hereby added to the total contract price and the total adjusted contract price to date
thereby is $ 1,119,235.10 .
The time provided for completion of the BASE BID work on this contract is increased by 28 days to a new total
day of 88 days , and the date of substantial completion for the BASE BID work is now set at March 3, 2017 .
Furthermore, the time provided for the completion of the BID ALTERNATE #1 work is on this contract is increased
by 28 days , and the date of substantial completion for BID ALTERNATE #1 work is now set at March 31, 2017 .
This Document shall become an amendment to the contract & all provisions of the contract will apply hereto.
Recommended: February 9, 2017 _
Phillip M. Bowman, City Engineer Date
Approved by:
David L. Sakrison, Mayor Date
Attest:
Rachel E. Stenta, City Recorder Date
Page 349 of 355
Page 350 of 355
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
February 14, 2017
Agenda Item
#: 8-10
Title: Approval of a Cooperative Agreement between the Utah Department of
Transportation and the City of Moab for installation of Speed Radar Driver
Feedback Signs on US-191
Fiscal Impact: $6,250 for installation of the signs
Staff Presenter: Phillip M. Bowman, P.E., City Engineer
Department: Engineering
Background/Summary: City staff met with UDOT staff and discussed the
potential for installation of Speed Radar Driver Feedback Signs at the north end of
town and the south end of town. Based on these discussions, UDOT has
requested a cost share between the City and UDOT for the purchase and
installation of these signs.
The speed radar sign at the north end of town is placed at the location where the
posted speed on US-191 drops from 45 MPH to 30 MPH. There was an older
style of this sign in place before, and UDOT has upgraded the sign to a newer
style with a flashing LED beacon. The upgrade was done in 2016, and this sign
will not be modified by the execution of this agreement. However, UDOT is
requesting the City provide a cost share amount of 50% of the purchase price of
the new sign.
The speed radar sign at the south end of town will be placed at the location where
the posted speed on US-191 drops from 45 MPH to 35 MPH, generally in the
vicinity of the Dollar General store. This location currently has a “SPEED LIMIT 35
MPH” sign with no speed radar feedback. City staff worked closely with UDOT to
determine that this location would best be served by a Solar Power Battery
Operated speed radar sign. The sign will be the same newer style as on the north
side of town, with a flashing LED beacon. The price of the solar powered sign is
slightly higher, and UDOT is requesting the City provide a cost share amount of
50% of the purchase price of the sign.
As outlined in the Cooperative Agreement, it is requested that the City provide a
total cost share contribution of $6,250.00 for both signs. It has been reported to
City staff that UDOT crews should be able to install the new solar powered sign at
the south end of town in the coming 2-4 weeks, generally around the start of the
2017 visitor season.
Page 351 of 355
Options:
1. Approve the Cooperative Agreement between UDOT and the City of Moab for
installation of Speed Radar Driver Feedback Signs on US-191.
2. Direct staff to request changes to the Cooperative Agreement, and approve at
a later meeting.
3. Other, as directed to staff.
Staff Recommendation: Staff recommends approval of the Cooperative
Agreement between UDOT and the City of Moab.
Recommended Motion: “I move to approve the Cooperative Agreement
between the Utah Department of Transportation and the City of Moab for
installation of Speed Radar Driver Feedback Signs on US-191.”
Attachments:
UDOT Cooperative Agreement
Page 352 of 355
State of Utah
Department of Transportation
Cooperative Agreement
UDOT Performing Work for
Local Agency
Project Description: Moab City Driver Feedback
Signs
Local Agency: Moab City
Estimated value of
scope of work
$12,500.00
PIN: 10642
Job/Project: 71415
Date Executed (date signed by comptrollers)
THIS AGREEMENT, made and entered into executed date, by and between the UTAH DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as “UDOT”, and Moab City, a political subdivision of the State
of Utah, hereinafter referred to as the “Local Agency.”
Local Agency has requested that the Work be included in UDOT’s Project. Subject to the attached
provisions, UDOT will include the following items into the above referenced Project. Upon signing this
Agreement, Local Agency agrees that the costs shown are estimates and that the Local Agency will be
responsible for paying the actual costs associated with these items included in the Project. If a lump sum
payment is specified, Local Agency will not pay for any additional costs beyond the lump sum payment
amount.
Description of Work:
UDOT to install two Radar Speed Driver Feedback Signs, for installation on US-89 in Moab City. Estimated price for
each sign installed is $5,500.00, and $$7,000.00. UDOT will install and provide maintenance of the sign. Local Agency
to reimburse UDOT 50% of the actual cost for each sign installed. If the sign is damaged and requires replacement, a
50/50 participation for the replacement will be required. Local agency will be responsible for power hook-up and power
operation costs.
List or Description of Items
Item # Item Description Estimated
Quantity
Unit Price Estimated Cost
#1 Electrical Powered Radar Feedback Sign 1 $5,500.00 $5,500.00
#2 Solar Powered Radar Feedback Sign 1 $7,000.00 $7,000.00
#3
.
Estimated Total Cost
$12,500.00
LUMP SUM PAYMENT: TOTAL AMOUNT TO BE PAID BY LOCAL
AGENCY
(Fill in only if actual cost approach is not used.)
$6,250.00
The total estimated cost or lump sum is due within 30 days of receiving the invoice from UDOT. The Local
Agency shall submit payment of said amounts with UDOT’s Comptroller’s Office located at
UDOT/COMPTROLLER, 4501 South 2700 West, Box 141500, Salt Lake City 84119-1500.
Total Estimated Reimbursement to UDOT is $6,250.00 (50% of $12,500.00)
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Provisions
UDOT will include the Local Agency’s requested
Work provided that the Local Agency pays the
actual costs UDOT incurs or a lump sum. The
Local Agency agrees that UDOT’s Project will
not be delayed as a result of adding the Work
and the Work will not be added to the bid
package until this Agreement has been signed
by both parties.
The Local Agency, at no cost to the Project,
shall provide on-call support from Local
Agency’s Design Engineer to correct or clarify
issues during construction and perform the
necessary inspection for the Work installed by
UDOT’s Contractor. The Local Agency engineer
and/or inspector shall work with and through
UDOT’s Resident Engineer and shall give no
orders directly to UDOT’s Contractor unless
authorized in writing to do so. UDOT will require
its Contractor will perform the described Work in
accordance with the plans and specifications
approved by the parties. The Local Agency,
through its inspection of said Work, will provide
UDOT’s Resident Engineer with information
covering any problems or concerns with
acceptance of the Work upon completion of
construction.
Access for maintenance and servicing of the
Local Agency property located within state right-
of- way will be by permit issued by UDOT to the
Local Agency, and that the Local Agency will
obtain a permit and abide by the conditions of
the permit in accordance with Utah
Administrative Code R930-7 and R930-6.
I. Liability:
UDOT and the Local Agency are both
governmental entities subject to the
Governmental Immunity Act. Each party agrees
to indemnify, defend and save harmless the
other party from any and all damages, claims,
suits, costs, attorney’s fees and actions arising
from or related to its actions or omissions or the
acts or omissions of its officers, agents, or
employees in connection with the performance
and/or subject matter of this Agreement. The
obligation to indemnify is limited to the dollar
amounts set forth in the Governmental Immunity
Act, provided said Act applies to the action or
omission giving rise to the protections of this
paragraph. This paragraph shall not be
construed as a waiver of the protections of the
Governmental Immunity Act. The
indemnification in this paragraph shall survive
the expiration or termination of this Agreement.
To the extent it may be lawfully do so, the Local
Agency releases UDOT from any responsibility
or liability that may result from the Local
Agency’s operation or maintenance activities.
UDOT’s periodic plan and specification review or
construction inspection arising out of the
performance of the Project does not relieve the
Local Agency of its duty concerning the
performance of the Work or to ensure
compliance with acceptable standards.
II. Termination:
This Agreement may be terminated as follows:
a. By mutual agreement of the parties, in
writing;
b. By either UDOT or the Local Agency for
failure of the other party to fulfill their
obligations as set forth in the provisions of
this Agreement. Reasonable allowances will
be made for circumstances beyond the
control of the parties. Thirty days’ written
notice of intent to terminate is required and
shall specify the reasons for termination. If
the party does not remedy the breach within
the reasonable time period, the other party
may terminate the Agreement. If Local
Agency terminates the Agreement, the Local
Agency shall be responsible for all the costs
UDOT incurs for the Work prior to the
termination; or
c. By UDOT for the convenience of the State
upon written notice to the Local Agency.
III. Maintenance:
Division of jurisdiction and responsibilities of
state highways shall be in accordance with Utah
State Code Section 72-3-109 and applicable
rules.
IV. Payment and Reimbursement to UDOT:
The Local Agency agrees that if it modifies or
cancels this Agreement at any time after it has
been signed, the Local Agency agrees to pay
any cancellation penalties or costs incurred by
UDOT as a result of the work scope being
Page 354 of 355
modified or cancelled. In the event the Local
Agency fails to reimburse UDOT for the costs
included in this Agreement, funding for other
Local Agency projects or B&C road funds may
be withheld until the entire payment is made.
V. Change in Scope and Schedule:
If the Local Agency’s project scope or schedule
changes from the original Agreement, the Local
Agency shall notify the UDOT Project Manager
before any changes are made. Any costs
incurred by UDOT, as a result of the scope or
schedule changes, will be the responsibility of
the Local Agency.
Any modification to this Agreement must be
approved in writing by the parties is required
prior to the start of work on any changes or
additions.
VI. Miscellaneous:
Each party agrees to undertake and perform all
further acts that are reasonably necessary to
carry out the intent and purposes of the
Agreement at the request of the other party.
The failure of either party to insist upon strict
compliance of any of the terms and conditions,
or failure or delay by either party to exercise any
rights or remedies provided in this Agreement,
or by law, will not release either party from any
obligations arising under this Agreement.
This Agreement does not create any type of
agency relationship, joint venture or partnership
between the parties.
Each party represents that it has the authority to
enter into this Agreement.
The parties may execute this Agreement in
counterparts.
VII. Content Review:
Language content was reviewed and approved
by the Utah AG’s office on February 11, 2015.
Moab City Utah Department of Transportation
By Date By Date
Title/Signature of Official Robert Dowell Traffic Operations Engineer
By Date By
Date
Title/Signature of additional official if required Rick Torgerson Region 4 Director
By Date By
Date
Title/Signature of additional official if required Comptrollers Office
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