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PKT-CC-2017-09-12
Moab City Council September 12, 2017 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 127 Page 2 of 127 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, September 12, 2017 at 6:30 p.m. ..........................................•••••••••••••••••••••••••••• 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: Workshop — Special Projects Manager Update CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 August 22, 2017 1-2 August 24, 2017 1-3 August 30, 2017 CITIZENS TO BE HEARD PROCLAMATIONS None PRESENTATIONS None PUBLIC HEARING (Approximately 7:15 PM) None SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Moab 200 Running Event, October 13-17, 2017 at Lions Park 6-1.1 Approval of a Special Events License for Destination Trail Events 6-1.2 Approval of a Park Use Permit for Destination Trail Events 6-2 Behind the Rocks Ultra Running Event Expo, March 23, 2018 at the Moab Arts and Recreation Center 6-2.1 Approval of a Special Event License for Mad Moose Events 6-3 Arches Ultra Running Event Expo, January 26, 2018 at the Moab Arts and Recreation Center 6-3.1 Approval of Special Event License for Mad Moose Events 6-4 Request by Kelly Wong for an Amplified Music Event at Old City Park on October 7, 2017 6-5 Approval of a Private Property Vendor License Renewal for 2017-2018 (October 2017 and March — September 2018) for Steven Lucarelli and Carrie Finn, d.b.a. Quesadilla Mobilla Located at 89 North Main Street 6-6 Approval of a Private Property Vendor License for Brittany & Ryan Melton, d.b.a. RB Treats to conduct a Hawaiian Shave Ice Business, Located at 83 South Main Street for a term of September 12, 2017 to September 12, 2018 Page 3 of 127 SECTION 7: CONSENT AGENDA 7-1 Approval of a Request to Send Proposed Ordinance #2017-33 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab to a Public Hearing on October 10, 2017 at approximately 7:15 PM 7-2 Approval of the First Amendment to an Interlocal Cooperation Agreement by and between the City of Moab and Spanish Valley Water and Sewer Improvement District SECTION 8: OLD BUSINESS 8-1 Second Reading and Consideration of Approval of Proposed Ordinance #2017-34 — An Ordinance Amending the Moab Municipal Code to Permit the Serving of Alcohol at Public Events held on Certain City Properties SECTION 9: NEW BUSINESS 9-1 First Reading and Consideration of Approval of Proposed Ordinance #2017-32 — An Ordinance Amending Moab Municipal Code Chapter 17.30.020, Use Requirements, to Include a Use of Small Neighborhood Retail Business with Standards in the C-5, Neighborhood Commercial Zone and Add a Definition of the Use to MMC Section 17.06.020, Definitions 9-2 Approval of Proposed Resolution #52-2017 — A Resolution Restricting the Parking of Semi -Trucks on City Streets and Highway 191 Right-of-way Within City Limits 9-3 Request from the Housing Authority of Southeastern Utah (HASU) for a grant in the amount of $35,000 from Affordable Housing Funds to use for the Development of an Affordable Independent Senior Housing Proejct 9-4 Consideration of Proposed Resolution #53-2017 — A Resolution Approving the Employment Agreement by and between the City of Moab and David Everitt for the position of City Manager SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: MAYOR AND COUNCIL REPORTS SECTION 12: READING OF CORRESPONDENCE SECTION 13: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 14: EXECUTIVE CLOSED SESSION 14-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 15: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 4 of 127 City of Moab Planning Department 217 East Center Street Moab, Utah 84532-2534 (435) 259-5129 Fax (435) 259-0600 Memorandum To: Moab City Council From: Amy Weiser, Special Projects Manager Date: September 5, 2017 Re: Update on Special Projects Mayor: David L. Sakrison Council: Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd The following provides the Council with an update on the special projects that I am currently working on. For ease of reading, I have broken it down into project with a summary and status for each item. Restricting Semi -Truck Parking on 191 within City Limits Due to noise complaints received from citizens, the Council directed staff to work with UDOT to restrict semi -truck parking within City limits. In order for UDOT to assist the City with installation of signs, UDOT requires the following from the City: 1. A copy of the city resolution/ordinance that restricts truck parking along the US-191 and/or City Limits. 2. Specific locations (from where to where) that this parking restriction will be implemented. 3. UDOT will then use this information to develop the Traffic Engineering Order (TEO) to submit to our central office for approval, and to identify the best location for the signs. In your Council packet this evening is the resolution to restrict parking along the 191 corridor within city limits. Public Works and Police staff are providing input on locations for signs and will work closely with UDOT for sign location coordination. International Dark Sky Community by 2019 Through the adoption of the General Plan the Council directed staff to take the steps necessary for the City of Moab to become an International Dark Sky Community by 2019. I attended the recent Moab Dark Skies meeting, with Kalen Jones also in attendance. The Moab Dark Skies Page 1 of 3 Page 5 of 127 group has done extensive research and background work for this initiative. At the next joint Council meeting, students from USU will present the results of a recent lighting assessment completed in the City of Moab and Grand County. I have contacted the International Dark Sky Association Program Manager to learn more about the application process. An action plan will be created in conjunction with Public Works Staff and presented to the Council in the near future. Staff will continue taking the steps necessary towards attaining the goal set by Council. Affordable Housing Staff will continue to implement the affordable housing goals set by the Council. The goals set for year 1-5 are listed below. Evaluating the current land use code is an ongoing effort by the Planning staff and the Planning Commission and the Council will continue to receive recommended amendments to the code. For public outreach/engagement/education, City staff will be coordinating several public workshops in the late fall for homeowners interested in constructing an ADU on their property. The consultant has been chosen for the Economic Nexus study and the Council will review and approve the contract at the next Council meeting. The Interlocal Housing Task Force (IHTF) has taken the lead on developing deed restrictions and HASU has offered its services to handle the procedural aspects of deed restrictions to both the City and the County. These are a work in progress and the Council will be apprised as final drafts and procedures are developed. Goal 2 4(b) Strategically increase zoning densities to facilitate compact development patterns. Goal 3 4(e) Review Land Use Codes to identify and document barriers to affordable housing and engage in public process to mitigate or remove those barriers. Goal 4 4(a) Adopt assured housing ordinance. Goal 5 6(a) Require all new affordable housing to include deed restrictions. Goal 6 8(a) Continue to establish housing funds within the City budget to support the development and availability of affordable housing CIB Grant/Loan for USU Infrastructure Project Staff has been in close contact with the CIB to ensure that the grant/loan funds are secure for the project. The RFP for final engineering documents should go out before the end of Page 2 of 3 Page 6 of 127 September. Once we have the project engineer on board and have final engineering documents we can set a timeline for construction and close on the loan. The City and County Councils continue to work towards a final agreement on repayment of the loan. Pedestrian Safety There have been recent concerns from citizens regarding pedestrian safety as it relates to improved design for crosswalks, sidewalks buffers from vehicles. I met with citizen Barbara Hicks to discuss her specific concerns; she had some great suggestions and I assured her that the City would continue to work on an action plan for our city streets that included better pedestrian safety. I suggested that she be a part of the Downtown Master Plan subcommittee once it gets rolling and she agreed. Patrick Dean and I will be working closely on alternative intersection designs, and talking with UDOT about alternative traffic light timing. We will present an action plan to the Council in the coming months. Page 3 of 3 Page 7 of 127 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING AUGUST 22, 2017 Regular Meeting & Attendance: The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre -Council Workshop: Mayor David Sakrison called the Workshop to order at 5:45 PM. In attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Public Works Director Pat Dean, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Police Chief Jim Winder, Arts and Special Events Manager Meg Stewart and Recorder Assistant Eve Tallman. The Workshop began with a report on the City Manager recruitment process. City Manager Everitt presented the progress made to date and requested input from the Council. He noted six qualified firms made proposals for recruitment services. Discussion ensued regarding the time -frame for recruitment efforts, involvement of Mayoral and Council candidates in the selection process, various bids and bidders, and further direction for City Manager Everitt and Human Resource staff. Councilmember Jones noted the expertise of one of the bidders recruiting for small Western towns, and Councilmember Derasary noted the specialization of a bidder in government recruiting. Typical tenure lengths of City Managers was discussed, and Councilmember Derasary asked about what responsibility the recruiting firm would have if the chosen candidate doesn't stay in the position for one or two years. The Workshop continued with a discussion about the solid waste collection contract. City Manager Everitt stated the solid waste collection contract expires in November. He reminded Council that Monument Waste Services assumed the contract that Bob's Sanitation had entered into with the City. Everitt outlined options for the Council with regard to the contract: put it out to bid, extend the current contract for a limited time, or extend the current contract for a longer period. City Recorder/Assistant City Manager Stenta suggested that changes in the contract were needed, and noted there was some discussion about extending the service area into the County. Mayor Sakrison concurred that there have been efforts to work toward that. Everitt also pointed out that various details of the contract needed to be worked out, including recycling, frequency of pickups, and more. Stenta noted the last time a Request for Proposals was administered was 1999. Councilmember Bailey reported that the service record for Monument has been very good. After discussion, it was agreed that the current contract would be extended for one year. Councilmember Jones added that the effort to expand sanitation services into the County had not been a topic of the Solid Waste Special Services District. The Workshop moved on to a review of the Downtown Master Plan Request for Proposals. City Manager Everitt explained that transportation issues will inform the Plan. Mayor Sakrison added that the Utah League of Cities and Towns is prioritizing transportation topics. Councilmember Jones raised a question about the project boundaries and discussion ensued about the core downtown central business district and the highway commercial areas. It was also noted that the transportation boundary is larger than the area proposed to be covered by the Downtown Plan. Councilmember Jones noted a bypass committee Page 1 of 5 August 22, 2017 Page 8 of 127 1-1 Minutes meeting he attended and added it was hard to separate transportation planning from downtown planning. The Workshop continued with a brief overview of agenda items. City Recorder/Assistant City Manager Stenta reported that the County Clerk did not provide the information required for the Canvass of Votes in time for the City Council meeting so a special meeting would need to be scheduled to certify the Canvass of Votes. The Workshop concluded with a brief presentation on Community Development Block Grant planning by Jade Powell and Michael Bryant from the Southeastern Utah Association of Local Governments (SEUALG). He announced a mandatory meeting for potential applicants, to be held in Moab on October 24. Powell noted there will be $50,000 set aside for Senior Center improvements. He announced that Geri Gamber is the new Executive Director of SEUALG. Regular Meeting Called to Order: (1:06 on recording) Mayor Sakrison called the Regular City Council Meeting to order at 6:54 PM and led the Pledge of Allegiance. Sixty-five members of the public and media were present. Approval of Minutes: Councilmember Jones moved to approve the minutes of the August 8, 2017 meeting. Councilmember Ershadi seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones, and Knuteson-Boyd voting aye. Councilmember Derasary did not vote. Citizens to be Heard: The following Citizens were heard: Jessica Dye spoke about the proposed annexation and rezone of property adjacent to the Westwood neighborhood. She stated she was opposed to the proposed R-4 and C-4 zoning. Kya Marienfeld also spoke and stated she was opposed to the proposed C-4 zoning and requested a compromise. Russell Facente spoke and stated he found the proposed annexation acceptable but opposed the proposed zoning. Presentations: Police Chief Jim Winder commended law enforcement officers for their service related to an incident in Moab on August 1 which involved shots fired by a suspect on Main Street and inside Club Rio. Moab Police Officer Tom Talbert and Grand County Sheriff's Deputy Austin Brewer were recognized by Winder and Mayor Sakrison for their bravery. Six other officers representing the Moab City Police (Monty Risenhoover, Braydon Palmer and Corporal Aaron Woodard), Grand County Sheriff (Deputy Brandon Black and Sergeant Levi Mallory), and Utah Highway Patrol (Trooper Jarom Olsen) were recognized for their service during the incident, and Grand County Sheriff Steve White and Utah Highway Patrol Lieutenant Tyler Roberts also presided. Special Events/Vendors/Beer Licenses: Other Half Expo —Approved Motion and Vote: Councilmember Bailey moved to approve licenses and permits with conditions for Page 2 of 5 August 22, 2017 Page 9 of 127 1-1 Minutes Mad Moose Events for the Other Half Expo, October 14, 2017 at the Grand Center. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Dead Horse Ultra —Approved Motion and Vote: Councilmember Jones moved to approve licenses and permits with conditions for Mad Moose Events for the Dead Horse Ultra Running Event Expo, November 17, 2017 at the Moab Arts and Recreation Center. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Winter Sun 10K—Approved Motion and Vote: Councilmember Bailey moved to approve a special event license with conditions for Mad Moose Events for the Winter Sun 10K Running Event Expo, December 2, 2017 at the Grand County High School. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Moab Pride Festival —Approved Motion and Vote: Councilmember Ershadi moved to approve a special event license and fee waiver in the amount of $805 for Moab Pride for the Moab Pride Festival and Visibility March, September 30, 2017 at the Swanny City Park and Portions of City Streets. Councilmember Derasary seconded the motion. Meg Stewart and Cali Bulmash made a brief presentation. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. New Business: Canvass of Primary Election —Tabled Motion and Vote: Councilmember Bailey moved to table the Canvass of the Moab Primary Election held on August 15, 2017. Councilmember Jones seconded the motion. The motion to table passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Alcohol on City Properties —Tabled (1:32 on recording) Motion and Discussion: Councilmember Jones moved to approve Proposed Ordinance #2017-34 — An Ordinance Amending the Municipal Code to Permit Serving of Alcohol at Public Events Held on Certain City Properties. Councilmember Derasary seconded the motion. Councilmember Jones asked about the definition of a strict liability offense, and City Attorney McAnany explained the meaning and also discussed recommendations for insurance and license requirements. Hours during which alcohol could be served was also discussed. Councilmember Jones then moved to table the proposed ordinance and Councilmember Derasary seconded the motion to table. Vote: The motion to table passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Moab Springs Ranch Phase 7—Approved Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #49-2017 — A Resolution Conditionally Approving the Site Plan/Final Plat for Phase 7 of the Moab Springs Ranch Planned Unit Development Located in the C-4 Zone at 1266 North Main Street, with specified conditions. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Page 3 of 5 August 22, 2017 Page 10 of 127 1-1 Minutes Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Sleep Inn Main Stay Suites —Approved Motion and Vote: Councilmember Jones moved to approve the First Amendment to a Development Improvements Agreement for Sleep Inn Main Stay Suites — JPK TR Moab II, LLC. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Permanent Community Impact Board Project List — Approved Motion and Discussion: Councilmember Bailey moved to approve Proposed Resolution #51-2017 — A Resolution Updating the City of Moab's 2017-2018 Permanent Community Impact Board (CIB) Comprehensive Projects List. Councilmember Knuteson-Boyd seconded the motion. The top priority for funding is the Stewart Canyon/Highway 191 Drainage Improvements; also requested for funding was the Wastewater Reclamation Plant Outfall Line Replacement and Realignment; the South Sewer Trunk Line; Kane Creek Boulevard Reconstruction; Moab Golf Course Irrigation System Improvements; the Utah State University (USU), Mill Creek Drive and Spanish Valley Drive Intersection Improvements (Phase Two); the Moab City Public Works Administration Building Renovation; the Culinary Water Storage Tank and Distribution System construction; Moab City Hall Renovations; and Center Street Gym Renovations. Mayor Sakrison noted that other funding avenues should be explored for these projects beyond CIB. Specifically, he suggested the Water Conservation Board could explore funding for the golf course project. Mayor Sakrison also noted that Grand County has no representation on the CIB board. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. City Manager Recruitment Services —Approved (2:13 on recording) Motion and Vote: Councilmember Knuteson-Boyd moved to approve Proposed Resolution #50-2017 — A Resolution Authorizing the Current City Manager on Behalf of the City of Moab to Enter into a Contract for the Provision of Future City Manager Recruitment Services, in an amount not to exceed $30,000. Councilmember Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Administrative Reports: City Recorder/Assistant City Manager Stenta reported that staff trained during the week to use new software for agenda management for City Council. City Manager Everitt suggested the Canvass of the City Primary Election be scheduled for a Special City Council Meeting. It was agreed to be held on Thursday, August 24 at noon. Everitt also suggested another Special City Council Meeting for Tuesday, September 5 at noon to approve a chip seal contract. Everitt also announced the City employees' barbecue on October 5. Mayor and Council Reports: Mayor Sakrison reported that the upcoming legislative session would include an effort to remove Page 4 of 5 August 22, 2017 Page 11 of 127 1-1 Minutes planning and zoning responsibilities from municipalities. He added that there would also be legislation aimed at transportation infrastructure and also limiting sales taxes. Councilmember Jones reported that he had attended the Governor's jobs initiative tour at Lions Park. He added he attended the meeting of the Solid Waste District. In addition, he noted that the Planning Commission meeting he attended did not result in a recommendation to Council on zoning for an upcoming annexation request in the Westwood neighborhood. He also stated the Planning Commission discussed Conditional Use Permits. He mentioned he attended a Dark Sky meeting with Amy Weiser, the City's Senior Project Manager. Finally, he noted he attended the design charrette for the 100 South improvement project. Councilmember Knuteson-Boyd reported that she attended the Governor's jobs initiative tour. Councilmember Derasary thanked the council, staff and community for their concern for her and her husband after their accident. She asked about an email from a resident and the Mayor stated the Police Chief was working on it. She relayed an account she had heard from a resident about a person at the Senior Center wearing a swastika armband and mentioned articles she had read on the topic of white supremacists in mountain towns. She also noted she had signed the Western Leaders Network's Letter to Interior Secretary Ryan Zinke regarding national monuments. Police Chief Winder gave a brief report. He stated his concern about the complex issue regarding the display of a swastika. He stated he felt the incident was not related to national events, and involves protected free speech issues. He noted the police could take action if there were threats of violence or if events became tumultuous. He continued with a report on his work on homeless issues. He stated there was a review of whether complaints surround long-term homeless individuals in the community or new and transient homeless individuals. He noted that schools are open and he wanted the police department to be visible and comforting to the community. He also mentioned the police force has a bike patrol. He also mentioned continuing work on policy updates, and the department is working on noise and light pollution issues at local hotels impacting neighborhoods. Councilmember Ershadi asked for more information about the swastika incident. Approval of Bills Against the City of Moab: Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $1,041,484.22. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Adjournment: Councilmember Bailey moved to adjourn the meeting. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Mayor Sakrison adjourned the meeting at 8:22 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 5 of 5 August 22, 2017 Page 12 of 127 1-1 Minutes MOAB CITY COUNCIL MINUTES -- DRAFT SPECIAL MEETING August 24, 2017 Special Meeting & Attendance: The Moab City Council held a Special Meeting on the above date in the City's Administrative Conference Room at the Moab City Center, located at 217 East Center Street, Moab, Utah. In attendance were Councilmembers Rani Derasary, Heila Ershadi, and Kyle Bailey. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, and Recorder Assistant Eve Tallman. Special Meeting Called to Order: The meeting was called to order with a quorum at 12:05 PM. Canvass of the Primary Election: City Recorder/Assistant City Manager Stenta presented the canvassing of votes from the Moab Primary Election held on August 15, 2017. She reported that 1,490 voters cast ballots, out of 2,519 registered persons listed in the Official Register Book. City Manager Everitt calculated this as a 59% turnout. The official tallies for mayoral candidates were as follows: Emily S. Niehaus received 679 votes, Norm Knapp received 369 votes, David Olsen received 426 votes, and Gerald Roy Reed received 30 votes. Niehaus and Olsen will advance to the General Election, to be held November 7, 2017. Stenta noted there were ten provisional ballots, which were all processed and counted. She also noted that six ballots were received after Election Day and all had been postmarked by the August 14 deadline and were therefore counted. Motion and Vote: Councilmember Bailey moved to certify the canvass of votes. Councilmember Derasary seconded the motion. The motion carried 3-0 aye, with Councilmembers Bailey, Ershadi, and Derasary voting aye. Adjournment: Councilmember Bailey moved to adjourn the meeting. Councilmember Ershadi seconded the motion. The meeting was adjourned at 12:16 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 1 of 1 August 24, 2017 Page 13 of 127 1-2 Minutes MOAB CITY COUNCIL MINUTES -- DRAFT SPECIAL MEETING AUGUST 30, 2017 Special Meeting & Attendance: The Moab City Council held a Special Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. In attendance were Mayor Dave Sakrison, Councilmembers Rani Derasary, Kalen Jones, Tawny Knuteson-Boyd and Kyle Bailey. Councilmember Heila Ershadi was absent. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, and Recorder Assistant Eve Tallman. Special Meeting Called to Order: Mayor Sakrison called the Special City Council Meeting to order at 7:17 PM. The purposed of the meeting was a discussion regarding the City Manager position. Three members of the public and media were present. City Manager Everitt announced he is available to continue with his current position as City Manager in a permanent fashion. Discussion ensued, and Councilmember Knuteson-Boyd asked about Everitt's characterization of permanence; he replied that he considers it to be the same level of permanence as a new hire, for a "couple of years at least." There was agreement that a strong succession plan is prudent. Mayor Sakrison also suggested an assistant that will strengthen a succession and to aid in supervision. Other topics discussed included the City's organizational structure, staff supervised and evaluated by the City Manager, The Assistant City Manager's role, and City Attorney McAnany's effort to draft a succession of power policy. Also considered were the City Manager's schedule, extending Everitt's current contract to eighteen months, a four -day work week schedule at City Hall, and current policy regarding accrued leave for City employees. Everitt remarked on his transportation stipend. Councilmember Knuteson-Boyd stated her confidence in the stability and experience Everitt brings to the role of City Manager, and added that his comfort with the staff is appreciated. Councilmember Jones agreed to take charge of an evaluation of Everitt within the coming month, with Councilmember Knuteson-Boyd's help. The Council agreed to aim for a closed session employment review during the first regular Council meeting in October. Adjournment: Councilmember Bailey moved to adjourn the meeting. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd and Derasary voting aye. The meeting was adjourned at 7:48 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 1 of 1 August 30, 2017 Page 14 of 127 1-3 Minutes Agenda Summary Sheet Council Meeting Date: September 12, 2017 #: 6-1 Title: Approval of a Special Event Permit and Park Use Permit for Destination Trail Events to hold the Moab 200 Running Event on October 13-17, 2017 at the Lions Park and City Streets. Fiscal Impact: This event requires minimal city services for support, through the Parks Department, Streets Department and Police Department. Staff Presenter(s): Carmella Galley Department: Administration Applicant: Samantha de la Vega & Candice Burt/Destination Trail Events Background/Summary: The Moab 200 Endurance Run is a 200+ mile footrace through some of the Moab area's most stunning and challenging terrain. This is the first time this event is being held in Moab. A large portion of this event is held outside of City limits except for the portions contained in this application. The City Special Events Committee has reviewed the application for the Moab 200 and has informed the organizer of the following conditions: 1. The portion of Lions Park used for the Aid Station will be "manned" for the entire three days of use. (map attached) 2. Port-o-potties at Lions Park as well as trash and recycling, will be the responsibility of the organizers. 3. Contact with the Parks Superintendent prior to the event concerning placement of pop up tents at the aid station. 4. DOT approved signage alerting the public of "Runners on the Road" placed at necessary locations within City limits. Police Department and Streets Department input may be required. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of this event license. Recommended Motion: "I move to approve the requested permit for the Dead Horse Ultra with the conditions outlined in the Agenda Summary. Page 15 of 127 6-1 Special Events/Vendors/Beer Licenses Attachment(s): ✓ Special Event Application ✓ Park use Application ✓ Lions Park Map with area of use ✓ Map of portion of event within city limits Page 16 of 127 6-1 Special Events/Vendors/Beer Licenses DATE PAID: AMOUNT PAID: RECEIPT No.: CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITYOFMOAB SPECIAL EVENT FEE: Level 1-$200.00 Level 2-$4C0.00 LICENSE #;:: ZONE: NAME OF EVENT: P1. a,1)2-facp DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: 4 TEMPORARY STRUCTURES TO BE USED (IF ANY); 1-5?....111VS 00-4-A1 0.1�C[ S �- �i� l � -� �-C s DATE(S) AND TIME{S}OF EVENT: - l J C4 PD � G.• h�l � ``��� S 0Cr � l 1 ANTICIPATED # OF EVENT PARTICIPANTS: 2-u D YSIQ Cj L Z-e-.A it)t f"A EVENT.SPONSOR'S NAME: C-04l CC LEI. - SPONSOR'S ADDRESS: 5CUMck \12- 14C- PRONE! 3 6k- �rSS— 0'6 l 3 CITY: S . 1-444- VVV STATE: �✓ �_ ZIP: L JU CONTACT'S EMAIL ADDRESS: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE, THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL_ IT IS uNLAWFULTO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED_ INVE SO\.Y.O-P--tom PLEASE PRIM NAM E(S) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. IANE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPAN" R. State of Utah County of Grand Signature or Sponsor } ) SS HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB kit FS [ S � l`�-- SUBCRISED AND SWORN to before me this day of NOTARY PUBLIC SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Rev, 3/30/2016 Page 17 of 127 6-1 Special Events/Vendors/Beer Licenses ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: YV10_f 1 5 CY\ Prld b. CO \ -- 4_.z7NA aAS b 'l t/A Clo 0i/ �� r `2 -4-� f . LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASONi(S): LICENSE EXPIRAT{ON DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: © APPROVED ❑ DISAPPROVED REASON (S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Page 18 of 127 Reis: 6/2017 6-1 Special Events/Vendors/Beer Licenses City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Name of Person Responsible for Use of Park: ctivs(: C� / Name of Or anization and Event if applicable: e�cr� '2OQ [e..M-"11) rT << ��_ `�L /De Address: °i b� �:�1e � _ 1_�� 02 E Cyr- q r-S-3 &r. Day Phone: Vls 3 kro -� 3 ra 5_ c]'b k5 Email• cP r�l • crv.ifl ;P,roposed Park I,J,sa,ge Information'''' Which park to you intend to use? Swanny Park- Other (please indicate name of park. LZm5 iPaf k- Please indicate the proposed dates and times of use: Proposed Start Date: l '2'I15 Imo- Start Time: � an pm End Time. am/pm Proposed End Date• l0 lam- 1-A- Start Time: 5 am/ m End Time- am/pm Please specify what areas of the park are proposed for use- ?.., - c� k•�'� � - YJ aL� .5 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: Number of spectators that you expect: Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Will amplification be required for your event? Yes No Please specify any electrical needs for your event: LA) ya t 4 L �` Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control dde ices, use of volunteers, etc. should be described. S Cl a L- i \\ iOSZ.Av) `t�� �w�e fe.e..e • Run v\-v15 LAk 1 to.-c (Dir\-\-1 5 Va.sca. cA.± o r-Q_ (Nr -moo cp-rs to . ~,�]Q ;�� � a` If you anticipate any street closures for your event, please cribe below, and show on the accompanying --1---�k_ to"rn diagram. --e,,,,aci`rtp»shmqs- PLEASE COMPLETE OTHER SIDE [' - C Wes] Page 19 or 127 Parr. 4n nF 7f; 6-1 Special Events/Vendors/Beer Licenses Q'o y o u i n t e n d f o r t h e p a r k t o b e o p e n t o t h e p u b l i c d u r i n g y o u r e v e n t ? Y e s N a 7 - C O c c ) k t s 4 P . e - " t v Q'o y o u i n t e n d t o s e r v e / s e l l a l c o h o l ( i f s o , a d d i t i o n a l r e q u i r e m e n t s a p p l y ) Y e s X , N o $ 0 1 . C v l t r u - V 2 . 4 - - , F o r n o n - S w a n n y P a r k e v e n t s : D o y o u p l a n t o c h a r g e f o r a d m i s s i o n t o t h e p a r k ? Y e s N o r _ _ P l e a s e d e s c r i b e a n y s e c u r i t y o r c r o w d c o n t r o l m e a s u r e s y o u p l a n f o r u s e o f t h e p a r k : N / F o r g r ��O u p s o v e r 1 0 0 p e o p l e , p l e a s e d e s c r i b e y o u r r e f u s e c o n t r o l a n d r e c y c l i n g p l a n : c 7 P l e a s e d e s c r i b e y o u r c l e a n - u p p l a n d u r i n g a n d a f t e r t h e e v e n t : I c x - L A ( Q . 6 - f i n f \ P l e a s e d e s c r i b e y o u r r e s t r o o m f a c i l i t y p l a n : , c f A w e _ A 7 7 3 A - 2 - G - t - 5 1 1 - 1 r 4 . 4 6 S �� t ; e r ; 1 r i f o r r n a t i o r i ` u S ) - 1 4 - c P l e a s e d e s c r i b e h o w y o u r o r g a n i z a t i o n , y o u r e v e n t , a n d / o r y o u r u s e o f t h e p a r k w i l l p r o v i d e b r o a d - b a s e d b e n e f i t s t o t h e c o m m u n i t y : u n i t y : j [ f i e ' ` �� [ ( _ v L Y " A . , V g i r . - j y �� �� l a ' s 5 ' c t i l t P s 4 L 0 C m ��! i r - U t - o a k A _ D r v - �� �� C 5 1 " �% �� �� V - ��. - r ��l P l ��^ > ' p a - K - R k . o u U L e e - 1 - e C t L - 2 s - 2 . 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I c e r t i f y t h a t t h e i n f o r m a t i o n c o n t a i n e d i n t h i s a p p l i c a t i o n i s t r u e a n d c o r r e c t . 1 a g r e e t o a b i d e b y t h e C i t y o f M o a b P a r k s P o l i c i e s a n d a n y c o n d i t i o n s a t t c h e o t h i s p e r m i t . S i g n a t u r e o f C o n t a c t P e r s o S O f f i c e u s e O n i t D a t e 2 - - P - e r o P u b l i c W o r k s R e v i e w : P o l i c e D e p a r t m e n t R e v i e w : A d m i n i s t r a t i v e R e v i e w : P a r k U s e F e e : D a t e F e e P a i d : D a t e o f C i t y C o u n c i l A p p r o v a l . I n s u r a n c e R e c e i v e d : F i n a l S e t u p D i a g r a m R e c e i v e d " S p e c i a l C o n d i t i o n s o r R e q u i r e m e n t s : O t h e r R e q u i r e d P e r m i t s a n d A p p r o v a l s P a g e 2 0 o f 1 2 7 P a n . . [ 7 o f 7 6 - 1 S p e c i a l E v e n t s / V e n d o r s / B e e r L i c e n s e s sasuaDn Jaa8/suopum/s4.uan3 RDAs I-9 s4ew1aa9 1-140 ce pa�oau�I x, .3 9". r4' a.r;ua -10 xoaa d1N1DWHOM X063X ppuag Tuedp!ped _ppm a gorki yein }uandsuelt ( , sainosad ue unH �{ C: sNovigrEppv %paw- s4Bpaani SvW ,l°I1CiOd kagEi E pp v vpe ,260,5ffns ssewsnq aim. wpm. axial uedo :eau Lied° LZLS-EISZ (SEV) sn.ieleis�G geou� ZEStgin `geayy 3NOHd 3li HS unoA 010N3S h.OU'IRN 3AVS G in'cieeW ){Jed suon p dew : 6-10 Jo 4dc0 ® 1:o0 iEdi)!unVi TtvW 3 yt Isle}° - in tiPon d3 12Pua120 STOZ CPCIW Pe21of12 sauo4d11# 7. sddy ... G Ttr6StrLS'60T-Ptri8T69M9'S'SPw8i9P517SPC 161L5etrx0:69Z1pePLESe09-17L8x0sTitwEi wt. iEaTiTuJ£i=ElePiwareLELSLs..6oi 'SZ817Z09 8CCDJedtsuon/apeid fsdew/uioYaiboo6'nnnkm/I:sdipd I annoas e f r• I o r I I \\ x And suon .. x] 412001 togi x ;sauisna x 0,H ra,Neut iunoh a41 F }C -_unoh x uol}eDeA i X "b@H wag_ 121 x nuu\113111 X v 31npaips x uoycdo}Iea X quiall LICE X ie}aa aael . Ilk ��1 9 ? : 1 5 9 E r r i 1 r e = ) T e i o _ . 6 . . . . . . z . _ y f - I L a m - M o a b 6 . I , " �� w 6 - 1 S p e c i a l E v e n t s / V e n d o r s / B e e r L i c e n s e s Agenda Summary Sheet Council Meeting Date: September 12, 2017 #: 6-2 Title: Approval of Permit for Mad Moose Events to hold the Behind the Rocks Ultra Running Event Expo on Friday, March 23, 2018 at the MARC. Fiscal Impact: This event requires minimal city services for support through the MARC. Staff Presenter(s): Carmella Galley Department: Administration Applicant: Justin Ricks/Mad Moose Events Background/Summary: Behind the Rocks Ultra will be held on March 24, 2018. BTR was created to highlight Moab's last hidden gem, the Behind the Rocks Wilderness Area. The course was designed to highlight the technical slickrock trails of Moab, the views of the Behind the Rocks Wilderness area, and the snowcapped La Sal Mountains. The Expo will be held at the MARC. It is confirmed that the event has reserved the MARC. The City Special Events Committee has reviewed the application for the Behind the Rocks Ultra Expo and has informed the organizer of the following condition: 1. Parking at the MARC will be reassessed after the event to make sure that holding the event at this location is not an issue for citizens. 2. A staggered pick up time for participants to help alleviate traffic and over crowded parking. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of this event license. Recommended Motion: "I move to approve the requested permit for the Behind the Rocks Ultra Expo with the conditions outlined in the Agenda Summary." Attachment(s): ✓ Special Event Application Page 23 of 127 6-2 Special Events/Vendors/Beer Licenses Rr� '- I fri D �4,Q. C 3 2017 DATE PAID: AMOUNT PAID: RECEIPT NO.: 811-11 r001 D 21atog- CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 I FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: Level 1-$200.00 Level 2-$400.00 LICENSE #: ZONE: NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: WOPA 44`--k �t1 c Ck-\ L11- . 2`oUl10L.f P r(1ie1/4ec. TEMPORARY STRUCTURES TO BE USED (IF A DATE(S) ANDTIME(S) OF EVENT: T..o ( I-% NY}: n 3 ANTICIPATED # OF EVENT PARTICIPANTS: (.2 r `-‘ — EVENT SPONSORS NAME: 01,4 PHONE: 1>(-1 `Ca -ISO/ SPONSOR'SADDRESS', 4mo 4-ple\c. LY1 CITY: 1 STATE: 0 T. ZIP: 'S2 CONTACT'S EMAIL ADDRESS: rYY).(14, YNC.L» • `t \} sr l -S � +Y�Qd 1 Cf=rn THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. INVE ..be _ , C (AC) HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB PLEASE PRIM NAME(S) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAwED HEREIN IS Ti UE. INNE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPONSOR. State of Utah County of Grand Ignature of ) } SS SUBCRIBED AND SWORN to before me this day of NOTARY PUBLIC SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Rev. 6/2017 Page 24 of 127 6-2 Special Events/Vendors/Beer Licenses ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF 0 APPROVED O DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED O NO 0 YES AGENDA DATE: 0 APPROVED O DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Page 25 of 127 Rev:612017 6-2 Special Events/Vendors/Beer Licenses Agenda Summary Sheet Council Meeting Date: September 12, 2017 #: 6-3 Title: Approval of Permit for Mad Moose Events to hold the Arches Ultra Running Event Expo on Friday, January 26, 2018 at the MARC. Fiscal Impact: This event requires minimal city services for support through the MARC. Staff Presenter(s): Carmella Galley Department: Administration Applicant: Justin Ricks/Mad Moose Events Background/Summary: Arches Ultra is Moab's newest trail race, and it travels along the border of Arches National Park, using Bar M, Klonzo, and Klondike Trail Systems. The Expo will be held at the MARC. The MARC has confirmed the event has reserved the MARC. The City Special Events Committee has reviewed the application for the Other Half Expo and has informed the organizer of the following condition: 1. Parking at the MARC will be reassessed after the event to make sure that holding the event at this location is not an issue for citizens. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of this event license. Recommended Motion: "I move to approve the requested permit for the Dead Horse Ultra with the conditions outlined in the Agenda Summary. Attachment(s): ✓ Special Event Application Page 26 of 127 6-3 Special Events/Vendors/Beer Licenses Auk,. 7 j I DATE PAID: U r2 S- 4 y AMOUNT PAID: 40 RECEIPT NO.: 210101 CITY of MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 I FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: Level 1-$200.00 Level 2-$400.00 LICENSE #: ZONE: NAME OF EVENT: C1M1cS �A �J C, DESCRIPTION OF EVENT: 80' Y 4 C Q LOCATION OF EVENT: .Rr 1(1C) ? PREMISES TO BE USED: Or( TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(5) AND TIME(0 OF EVENT: (12017 NfA ANTICIPATED # OF EVENT PARTICIPANTS: 4-0 a 'Pty,rmJl EVENT SPONSORS NAME: SPONSOR'S ADDRESS: 1vAcci to00S� Ev'ev,4-S 440 NA,L2 �h. PHONE: -7/ 5- --47-9-so 1 CITY: Pit O 4' STATE: '�T ZIP: .51-r 3 Z CONTACTS EMAIL ADDRESS: I' ONci MOC9e . €-N-A.?1 5 C Cy%1/ir r THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE fN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BDELAYED. INVE ,�� � r SA: I L -S HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB PLEASE PRNT NAMES) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND NSOR. g12111-7 S gnature of Sponsor Date State of Utah SS County of Grand SUBCRIBED AND SWORN to before me this day of NOTARY PUBLIC SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Rev. 6/2017 Page 27 of 127 6-3 Special Events/Vendors/Beer Licenses ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF O APPROVED 0 DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED 0 NO 0 YES AGENDA DATE: 0 APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Page 28 of 127 Rev:6/2017 6-3 Special Events/Vendors/Beer Licenses Agenda Summary Sheet Council Meeting Date: September 12, 2017 #: 6-4 Title: Request for Amplified Music at Lions Park on Saturday, October 7, 2017. Fiscal Impact: None Staff Presenter(s): Carmella Galley Department: Administration Applicant: Kelly Wong Background/Summary: Use of amplified sound equipment at Lions Park is not permitted without special permission of the City Council. The White/Wong Wedding is requesting amplified music from thirty minutes beginning at 5:00 pm. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of the request. Approval is subject to compliance with all Parks Policies, which provides that approved sound amplification shall not extend beyond 9 pm. Recommended Motion: "I move to approve the request for amplified music at Lions Park for the White/Wong Wedding on Saturday, October 7, 2017." Attachment(s): • Written request from applicant Page 29 of 127 6-4 Special Events/Vendors/Beer Licenses Hello, I've rented Lion's Park on October 7, 2017 for a wedding. We would like to amplify music for -30 minutes around 5pm and have paid the amplification fee. Please let me know if you need any further information in order to approve my amplification request. Thanks, Kelly Page 30 of 127 6-4 Special Events/Vendors/Beer Licenses Moab City Council Agenda Item Meeting Date: September 12, 2017 #: 6-5 Title: Approval of a Private Property Vendor License Renewal for 2017-2018 for Steven Lucarelli and Carrie Finn, d.b.a. Quesadilla Mobilla located at 89 North Main Street. Date Submitted: August 24, 2017 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer/Planning Background/Summary: This applicant was approved for a Food Vendor license at this location last year. The applicants are very familiar with the terms and conditions of the Vendor regulations and have met all of the application requirements during their past years of operation. Staff reviewed the renewal application for this location and there have been no complaints or violations. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Private Property Vendor License Renewal for Quesadilla Mobilla at 89 North Main Street for a term of October 1, 2017 to October 31, 2017 and March 1, 2018 to September 30, 2018. Recommended Motion: "1 move to approve a Private Property Vendor License Renewal for Steven Lucarelli and Carrie Finn, d.b.a. Quesadilla Mobilla located at 89 North Main Street." Attachment(s): Vendor Application Page 31 of 127 6-5 Special Events/Vendors/Beer Licenses DATE PAID' AMOUNT PAID: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL —YEARLY), BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-51211 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OFMOAB FEE: $ (As DETERMINED BY RESOLUTION) LICENSE #: ZONE: BUSINESS NNAE: O W:Sa l 1 h.. / '!obi BUSINESS MAILING ADDRESS: / //[!i 80 n 5711-. e-mail address: ;,.1�v.,nn k, Location(s) where business will be conducted; Attach agreement of authorization from property owner(s) including employee use of Restmom Facilities 9 E N. /Liar., SI-. , 8ys3 7 BUSINESS PHONE. 93S-26o- 6289 CRY' Mu P...t STATE 1./T ZIP: 8yS32 Length of lime and/or specific dates business will be conducted: C]c 4.. 20 f 7 7 M�+rc. — Sett. Z o j 8 Proposed hours of operation: Ha" — Type (see definRians): 0 Cart M Vehicle 0 Display Apparatus Vendor Type (see definitions): 0 Street Vendor ❑ Sidewalk Vendor ❑ Private Property Vendor 0 Local Vendors Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: 0ues..d,114• r 8 ,y ex BUSINESS OWNER'S NAME: Sf eu LUe.-tea I t d enrrr � �lTn PHONE 303 -16 9-17Y.7 OWNER'S ADDRESS: // / BOA CITY: STATE: Ur BP 6' yS3 z OWNER'S DRNER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNER'S SOCIAL SECURITY NUMBER DATE OF BIRTH; _ OPERATOR'S NAME (IF DIFFERENT FROM OWNER': PHONE: OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER)' CRY: STATE: ZIP: SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FOR TAX ID: aule, A.4,/40. PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE SACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 32 of 127 6-5 Special Events/Vendors/Beer Licenses THIS FORM IS AN APPUCATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL (IF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS 'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. UWE c ckeic. f HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE Panrt NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE. ORDINANCES AND RESOLUTIONS, ANO SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. IMIE hGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. Signalute al Aoglicant Stale of Utah ) § County of Grand SUBCrD AND SWORN to before me this A114 ' .: LIC DEFINITIONS: Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for safe. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. 9 Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. 9 Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. 9 Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The terin "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.10: a Street Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, ➢ Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. D Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. 9 Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. 9 Street Vendor. Any person travelling by vehicle, bicycle or other street-fegal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for safe. day of 2 -- 7 Dalo Stephanie Jean Notary Public State of Utah My Commission Expires on: October 1, 2020 Comm. Number: 691191 11/21/d1113 r 1 UUSINESS I.ICENSESIIIL/S LK' PORAISIDlis Lir - Vendor revison.. doer Page 33 of 127 6-5 Special Events/Vendors/Beer Licenses VENDOR APPLICATION CHECKLIST �DESC131PTION OF THE DISPLAY, APPARATUS OR CART (1F APPLICABLE) INCLUDING: DIMENSIONS OF THE STRUCTURE 0 P OTOGRAPHS OF STRUCTURE Q SITE PLAN iTOA SCALE OF NOT LESS THAN 1/8"EQUALS ONE FOOT SHOWNG: D' THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS 9ALL STRUCTURES AND DIMENSIONS EY ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES Er LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY ErJ' LANDSCAPED AREAS WITH DIMENSIONS E] ALL EASEMENTS IMPACTING THE PROPERTY © SIGN PLAN 0 CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK (IF PROPOSING OPERATION IN A RESIDENTIAL ZONE) ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM HEALTH INSPECTION REPORT (IF APPLICABLE) ❑ IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. 2/ZONING COMPLIANCE EVIDENCE ❑ COMPLETE ATTACHED COMPLIANCE FORM ❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM AGREEMENT L# REFUSE/RECYCLING PLAN (IF APPLICABLE) E !'IRE OR BUILDING INSPECTION (IF APPLICABLE) ❑ COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) ❑ AITACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: II/M2013 rIBUSlIVESSL10ENSESIBUSl.1CFORA1SVInsLJc- Vendor rrvison.docs Page 34 of 127 6-5 Special Events/Vendors/Beer Licenses LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: - 0 APPROVED 0 DISAPPROVED REASON(S): SPECIAL CONDMONS: CITY PLANNING 2i APPROVED 0 DISAPPROVED REASON(S): CITY RECORDER 0 APPROVED 0 DISAPPROVED REASON(S). _ LICENSE EXPIRATION DATE' SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: /121 APPROVED ❑ DISAPPROVED REASON(S); Fee Calculation: Mobile Vendor Fee Structure Administrative Fee* $600. (pm one time fed . - .... Solid. Waste.Oeef Food vendors . $10 r'p per month Or partial month Lirnited Term:(less than 30 days) .: -. -- $610 - FlayFee (includes adrninistratKe fe , _T_t __ Long Term (1 month-Omonths) .. $20 f (Q v pgr month (i}lus admin fee) 'Waived for !cell vendors with permanent business address In Grand County !LINO;J T..IBUSINES41,ktN.VrSIBUSL1CFORMS-49nsLic-l'enulorrcrison.dnu Page 35 of 127 (TY0' • Total Feel 6-5 Special Events/Vendors/Beer Licenses CITY OF MOAB 217 EAST CEWER STREET MOAB. UTAH 84532-2534 (435) 259-51 2_ 1 Fax (435) 259-4135 Property Owner Authorization Letter City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that I, Date. B /23/17 t-o li n )4 ,z r- am the owner of the property located at (properly owner name) RS N St. (property address and parcel tax ID #) Steve" 1 understand that L�r�,-e /1,' has applied for a business license for (name of business license applicant) Oue.racli IL Ma hi& (applicant business name) from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for employees of the above listed. business. Sign re ,2 '� Telephone # 5.P 91- '716 w � Printed Name j� AskC y- �l /-'71-`, Email Ce„,-~' Please fist additional businesses authorized to use the above property and restroons facilities: Page 36 of 127 6-5 Special Events/Vendors/Beer Licenses Lny or moan 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Name of Applicant: 51-eu, A. LIJGo-r t t11� Business Name: 2sa,)t�a /14cc i,11A, Address: i116 Ban,St. /i406-4, UT 85/53 2 Phone: 303 g67- 17y7 Email: vesc,lit,,,, ,-/„. ejm0., i,c.e., Property Owner: 4-7 Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): °Street Vendor ❑Sidewalk Vendor ❑ Private Property Vendor O Local Vendor ® Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): I] Cart aVehicle °Display Apparatus Detailed description of business activities: FOOD SQ lb" � oesu.al ibas cirin !< s Total number of off-street parking spaces: i Hours of operation. 1ll.m i prr� To be filled out by city: Zoning: C492 Allowed use per Moab Municipal Code section:, 11. '° •Qo 0 f Number of parking spaces required for permanent business: A Number of parking spaces required for other businesses: KIJA qe4ikAthr\ Zoning Administrator Page 37 of 127 eb• A•ti� Date 6-5 Special Events/Vendors/Beer Licenses CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259.4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN ea STING BUSINESS ADDING A NEW SERVICE(S)_ INDICATE SERVICE(S): ❑ OTHER, PLEASE EXPLAIN: BUSINESS NAME: BUSINESS ADDRESS: I J f r. mRvn "04 8ys.3z OWNERS NAME: 53-eck n Luc.0 r-e fl' 4 Cw-rlr ►` e1 n TYPE OF BUSINESS (EXPLAIN IN DETAIL): roo k Ludic.J, fur BUSINESS PHONE: 10.5 - 260 - Ot 8 OWNERS PHONE 363- Ill- /7 ti 2 bey-ay�� THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL_ AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS_ BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION RE.ILJRED 0 YES Lb NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED DISAPPROVED 0 REASON' SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION R QU D: El YES NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVEDDISAPPROVED 0 REASON'' ` SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED; O YES ja-No (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED MD;SAPPROVED REASON' SIGN TURE Y 07/01/05 Page 38 of 127 6-5 Special Events/Vendors/Beer Licenses Quesadilla Mobilla Refuse/Recycling Plan Refuse: Two trash cans will be provided for customer use and all refuse collected by the Quesadilla Mobilla will be disposed of in an on -site waste receptacle prodded by Monument Waste Services. Recycling: Recycling will be collected weekly by Green Solutions Recycling Service. Page 39 of 127 6-5 Special Events/Vendors/Beer Licenses 100N Street Parting Main St. Sidewalk 31' 30' Sidewalk Existing Sign Post Bench Tree Tables 1 Red Rock lodge Sign aI / Tables.„... Tree b Dumpster 6 Oxesadilla Mobiiia Power Outlets 1---r-1 C Gallery Moab �../ _,TrashJRecycrinpCans r Power Pole Storage Shed T 1 Restroom Access Parting Alley Page 40 of 127 S2' 48' 6-5 Special Events/Vendors/Beer Licenses =IL ..•-m-E.mE•Err 1-61 ..p. . -...-, 9"4 - • - • jig r Ire • - •?-r, . • •PC Qiitgadi tfa pief4.4.4. Jo) Mad ttia GOURMET Q.1.11ESAIDILLAS • .7 ". L- - LL•• . • '13 *: - • soilME A S T U T,I HEALTH DEPARTMENT FOOD SERVICE ESTABLISHMENT PERMIT Beginning i/1/2016 Expiring 12/31/2016 This entitles the bearer to operate a FOOD SERVICE EST4BLISHNIENT named __ uesadilla Moilrta �� located at 8911inin t Moaia,,' and is owned b Carrie inniStr iii SPECIAL CONDITIONS: SEG15226 Bradon C. Bradford PERMIT # Director of Environmental Health - SEUHD This permit entitles the Southeast Utah Health Department to enter and inspect the premises. Permit may be revoked for cause. Permit may not be transferred and is VOID upon change of ownership. Please display this permit in a public location. Page 42 of 127 6-5 Special Events/Vendors/Beer Licenses Moab City Council Agenda Item Meeting Date: September 12, 2017 #: 6-6 Title: Approval of a Private Property Vendor License for Brittney & Ryan Melton d.b.a. RB Treats to conduct a Hawaiian Shaved Ice Business, located at 83 South Main Street for a term of September 12, 2017 to September 12, 2018. Date Submitted: September 1, 2017 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer/Planning Background/Summary: This application is for a vendor license. This Shaved Ice Business has been at the same location for several years. The business has been sold and the new owners are applying for a new license. Staff has reviewed the proposed application and finds that it meets the requirements of our vendor ordinance. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Private Property Vendor License for RB Treats at 83 South Main Street for a term of September 12, 2017 to September 12, 2018. Recommended Motion: "I move to approve a Private Property Vendor License for Brittney and Ryan Melton, d.b.a. RB Treats located at 83 South Main Street." Attachment(s): Vendor Application Page 43 of 127 6-6 Special Events/Vendors/Beer Licenses DATE PALO: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL— YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259.5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLETO: CITY OFMOAB FEE: $ 613 (AS DETERMINED er RESOLUTION) L•CENSE #. ZONE: C� 3 BUSMESS NAME: rz_V? Tv-cock-5 BU51NE55 MAILING AQDRE55: CRY y I-h, :. ��, 1-00 u�� GSA Location(s) where business will be conducted' Attach agreement of authorization from property owner(s) Including employee use of Restrcom FaciiaieS e-mail address: Length of time and/or specific dates business will be conducted: ,5e u S Kam 17; J�= Proposed hour, of operation: 1 7- O O D iti& -- ! 1� '. Q Q p Lv G Type (see danitiOns): }Cart Veh;de InDisf play Apparatus 1 Vendor Type (see delinitiOnS): 0 Street Vendor ❑ Sidewalk Vendor ) Goods, wares, services cr merchandise to to sold or offered for sale: 7 )i LI3!IA ve , lee, suviE35 PH03E -41•'77g—` s22_0 �f0q S.-- STATE �/� [ z,: g vim . C c1 "� ti GC6 to sert 12b 1 0 Prrvale Property Vendor ❑ Local Vendor l�Focd Vendor BUSRIESS O:vNEa s Uwe: OWNER'S S ADDRESS: l`1 E i sk- vV c4Ry- Y “G (0 sutE. Az ZF Fff i �7 OwNER'S DRIVER LicEN.sE NL•.vsER F STATE oR OTHER PROoF OF IDENTITY ORN ER'S SOCIAL SECURITY NL•M5ER: OAERATOR'SNAA!E(IF CIFF RENT FROM OWNER): �16,v1 tid 11. t t DATE OF aR-H. OPERATOR'S A:CRESS(IFO'FFERENTRCN DANEER): C.TY' STATE. ZIP: SALES TAX ID 4 (ATTACH ?ROOF FRO`1, UTAH TAX DOW:155SO ): Y-S6, NAAR REGISTERED WITH THE STATE FCR TAX ID: PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 44 of 127 6-6 Special Events/Vendors/Beer Licenses THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL (IF APPLICABLE), ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS 'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. uwE 'Dla"] -VIA R IVY aanT Nu.�{a� toi l HEREBY AGREE TO CONOUCT SAID BUSINESS STRICTLY IN ACCORDANCE WIT)! THE MOAB CITY 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. IIWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND.OWNER. UWE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. 7 Gala State of Utah County of Grand SU } 1 § } N to EFINI TONS. fore me this SI day ofilLVi 1+154- �.J Notary Pau is Slate of Utah ' My Commission Expires on: COW" Pallelifillegwa • Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. a Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. D Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. • Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor vehicles. t Vendor: Any person(s) engaged i:r the selling or offering for sale o' food, beverages or merchandise on private property, public streets or sidewalks. The tern "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14 a Street Vendors, o Sidewalk vendors, o private property vendors, and o Food Vendors, ▪ Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. > Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. • Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. • Street Vendor: Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. II/27120U r!BUSINESS LIC£NSESIBU5CICI:DR,115113us e- Vendorrerisan.docr Page 45 of 127 6-6 Special Events/Vendors/Beer Licenses VENDOR APPLICATION CHECKLIST ❑ DESCRIPTION OF THE DISPLAY, APPARATUS OR CART (IF APPLICABLE) INCLUDING: DIMENSIONS OF THE STRUCTURE PHOTOGRAPHS OF STRUCTURE 7-SITE PLAN TO A SCALE OF NOT LESS THAN Viii ECIUALS ONE FOOT SHOWNG: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS O ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY ❑ LANDSCAPED AREAS WITH DIMENSIONS ❑ ALL EASEMENTS 1MPAC77NG THE PROPERTY © SIGN PLAN ❑ CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK (IF PROPOSING OPERATION IN A RESIDENTIAL ZONE) n FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM HEALTH INSPECTION REPORT (IF APPLICABLE) 1.1 IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICA T10N. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. ZONING COMPLIANCE EVIDENCE ❑ COMPLETE ATTACHED COMPLIANCE FORM r_ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER L. ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLINGPLAN (IF APPLICABLE) ❑ FIRE OR BUILDING INSPECTION (IF APPLICABLE) r COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) _ ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: I1/27/201.1 T:tELISIN SS L/CENSESIl1US L1C POlid1S1llus Lit - Vendor revlson.dots Page 46 of 127 6-6 Special Events/Vendors/Beer Licenses LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE ❑ APPROvED O DISAPPROVED REASON(S): SPECIAL CONDITIONS. CITY PLANNING APPROVED ❑ DISAPPROVED REASON(5) .. CITY RECORDER ❑ APPROVED ❑ DISAPPROVED REASON{S). LICENSE EXPIRATION DATE; SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: rSAPPROv E D ❑ DISAPPROVED REASON(S). w Fee Calculation: Mobile Vendor Fee Structure $600 ‘5,0B j one time fee Solid Waste Fee/Food vendors $10 Limited Term (less than 30 days) $610 Administrative Fee f a_o per month or partial morith LL If. 7'201 Long Term (1 month-12 months) 'Waived inr local vendors with permanent business address in Grand County $20 a -o J10_W_a _ T lit SlAINS 1ICr I.IL• (1?111 /ludic- r Page 47 of 127 114 Flat Fee {includes adm'ihistrat a , r.montli:CPlus.adii�in;fee} .. - .- _.. Total Fee I 6-6 Special Events/Vendors/Beer Licenses CITY 4F MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 54532 (435) 259-5121 FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REOUIREDFOR ANEX=STINGBUSINESSADDING ANENSERVICE(5).INDICATE SEW CE(5�: ❑ OTHER, PLEASE EXPLAIN: BUSINESS NAME: BUSINESS ADDRESS: OWNER'S NAmE. gV) 1 �Poks v ktutai*k t-0, TYPE OF BUSINESS (EXPLAIN IN DETAIL). BUSINESS PHONE: 5-70-ggS -/ g 9 1 NAIR'S PHONE We, NA) \A )/).e. vuat--1115 it Se1I; ew• ; u.,n I c eL_ 1 THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259.1344/1345 125 EAST CENTER INSPECTION REQUIRED: ❑ YES ❑ NO (S GNATURE REQUIRED) IF YES, DATE OF INSPECTION_ _ APPROVED 0 DISAPPROVED 0 REASON; SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: 0 YES 0 No (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON' SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQU;RED' )YES ❑ NO (SIGNATURE REQU' IF YES, HATE OF INSPECTION APPROVE DiSAPPRf�VED ❑ REASON' 1� SIGNATURE Page 48 of 127 6-6 Special Events/Vendors/Beer Licenses CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-51 21 FAX (435) 259-4135 Property Owner Authorization Letter City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that 1, am the owner of the property located at I understand that Date. 4)1)C, (property owner name) B9) d�and parcel tax ID 0 (properly address p ) W\tt.v.‘ (lime of business license applicant) has applied for a business license for T".1 %gat-41 {applicant business name} Uk.t from the City of Moab and that their business will be located from the above described address. i hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for employees of the above listed business. ,- Signature ' -251-52.9� Telephone # 0 d ak-.2) Printed Name 7 1.#1-10, • 301 L-- Email .Please list additional businesses authorized to use the above property and restroom facilities: vooAQ Cetkv(t1 K-ZAk a co A-43 likAANK1 Tiv\IV � o� L CO L O } w Page 49 of 127 miry oT ivToae 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Name of Applicant: v IA th l\ Business Name:1 V 61,4-5 Address: 83 S Wool\ a' }AliG1L1 (gU4S-3� Phone: COO 985 —)fli Property Owner: 12.00 Dan Q- Vendor Type (see Moab Hiunicipal Code Chapter 5.64.010 for definitions): ❑ Street Vendor ❑ Sidewalk Vendor ❑ Private Property Vendor ❑ Local Vendor Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): )(Cart ❑ Vehicle ❑Display Apparatus Detailed description of business activities: NO 1N )\1 iMOI Yt � I11 v1O) \-\ i 49.V k 56,J.e., Total number of off-street parking spaces: 1 Hours of operation. 12;- b rvt r 1 0 .0 0 , Vv/ To be filled out by city: Zoning: Allowed use per Moab Municipal Code section: _ 1{.- �� Q Number of parking spaces required for permanent business: CAA1~{014 T Number of parlcing spaces required for other businesses: iNNOAf6 COry1301 (g1Y-`(- _ Y 01\Arvl`f -173 w 14- 3 Zoning Administrator Page 50 of 127 Date Email:bvr1k1A-e1.) tweeProw tA57re atriffAreiehT 6-6 Special Events/Vendors/Beer Licenses rsasuaDn JaaysuopuaA/s4.uanj ppads 9-9 ,z ri W a 203.0' 231.0' ROBERT DAYS CYNTHIA E DAYE 01-1314-0004 203.0' LOT MRIfV ST 7.1 ni�cV r71 rn i --- —� -tea r'' EAST KO' SS.O LILY ANN BALSLE 11A1 SUN FAMILY 1.11 Y :INN 11AL„SLL 01-B 1,1-001: t 1,2(. 40.1 _... ' 123,5' S 89°471E 462,0' FIRST S. Page 51 of 127 sasuapn JaausJopuaA/s4.uana lopads 9-9 ;012m3in i1 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 12/ 2017 Agenda ltem #: 7-1 Title: Approval of a Request to Send Proposed Ordinance #2017-33 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab to a Public Hearing on October 10, 2017 at approximately 7:15 PM Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Manager Department: Recorder Applicant: Moab City Background/Summary: This petition for annexation was accepted by the City Council on June 30, 2017. I then certified the annexation on July 31, 2017 and advertised the protest period. The protest period ended on August 31, 2017. The next step in the process is to send the proposed ordinance adopting the annexation to a public hearing on October 10, 2017. The Planning Commission reviewed the proposed annexation on August 10, 2017 and you will have the results of that meeting prior to the public hearing. An annexation policy plan review is attached. I've attached the annexation checklist for your reference. Options: Approve, Deny or Postpone Staff Recommendation: Approve the request to send the proposed ordinance to public hearing on October 10, 2017. Recommended Motion: I move to approve item # 7-1 Attachment(s): Proposed Ordinance #2017-33 Annexation Petition Notice of Certification Annexation Checklist Annexation Policy Review Page 53 of 127 7-1 Consent Agenda ORDINANCE #2017-33 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING THE SHUMWAY PROPERTIES TO THE CITY OF MOAB WHEREAS, on June 26, 2017, the City of Moab received a petition for annexation of certain properties approximately ten (10) acres in size as described in Exhibit "1" hereto; and WHEREAS, the property is proposed for urban development as defined by Utah State Law; and WHEREAS, the landowners of the affected property have consented to and petitioned for this annexation and the City Recorder on July 31, 2017, certified that the application complies with applicable law; and WHEREAS, the Moab Planning Commission reviewed the application in a public meeting held on August 10, 2017, to review the requested zoning for C-4, General Commercial Zone, and R-4, Manufactured Housing Residential Zone and determined that the requested C-4 Zone was appropriate but could not reach agreement on the appropriate residential zone; and WHEREAS, the Moab Planning Commission in a 2-2 vote failed to reach a decision to recommend a zoning to City Council; and WHEREAS, the City Council must consider comments from affected entities, if any, and no notice of protest has been filed subsequent to the publication of notice of the application, as required by law; and WHEREAS, the City Council has determined that the property meets the requirements of the City's annexation policy plan; and WHEREAS, the City Council has determined that the property meets the annexation requirements of Utah State Code; and WHEREAS, the governing body has held the appropriate public hearings, given the appropriate public notice and received public input. NOW, THEREFORE, be it ordained by the governing body of the City of Moab that: The property known as the Shumway Annexation as described in "Exhibit 1" and illustrated on the attached plat, "Exhibit 2", and located at 963 and 1001 North 500 West, is hereby annexed into the City of Moab and the zoning designations, upon recommendation from the Planning Commission, shall be R-4 and C-4 as requested. Ordinance 2017-33 Page 1 of 5 Page 54 of 127 7-1 Consent Agenda This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. PASSED AND APPROVED THIS DAY OF , 2017. David L. Sakrison Mayor ATTEST: Rachel Stenta City Recorder Ordinance 2017-33 Page 2 of 5 Page 55 of 127 7-1 Consent Agenda EXHIBIT 1 Beginning at a point on the Moab City limits, said point being N 00°31' E 729.90 feet from the East Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running along said city limits thence S 89°46' W 548.60 feet; thence S 00°03' W 5.40 feet; thence N 89°57' W 1646.98 feet; thence SOUTH 197.38 feet along ownership line; thence EAST 903.00 feet to a point on Moab City Limits; thence EAST 1290.74 feet along city limits; thence N 00°31' E 203.6 feet the point of beginning. 435,181 SQ. FT. OR 9.99 ACRES Ordinance 2017-33 Page 3 of 5 Page 56 of 127 7-1 Consent Agenda Exhibit 2 Ordinance 2017-33 Page 4 of 5 Page 57 of 127 7-1 Consent Agenda '42 1 ,M,a..d,0.10400.a nta �i o..d.�,�..�. dK m .�. 13 W 1,12I.110[31NV dO MC I1dIi1Z130Ix1trmNloa 3A1 Jlitl994NDA3NMS I:@ 20 w4,•Dr..103,0,es, alh .01,Xe3 .b ES :Pm .,.1.0w �w.. s Ordinance 2017-33 7-1 Consent Agenda Page 58 of 127 CERTIFICATION I, Rachel Stenta, the duly appointed City Recorder, in and for the City of Moab, Grand County, State of Utah, do hereby certify that attached Petition by the City of Moab, meets the annexation requirements outlined in Title 10-2-403(2) (3) and (4) of the Utah Code Annotated, specifically: 1) That said petition contain the signatures of, if all the real property within the area proposed for annexation is owned by a public entity other than the federal government, the owners of all the publicly owned real property, or the owners of private real property that: i. is located within the area proposed for annexation; ii. a. Subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area within the area proposed for annexation; b. covers 100% of rural real property as that term is defined in Section 17B- 2a-1107 within the area proposed for annexation; c. covers 100% of the private land area within the area proposed for annexation, if the area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture and Industrial Protection Areas, or a migratory bird production area created under Title 23, Chapter 28, Migratory Bird Production Area; and iii. is equal in value to at least 1/3 of the value of all private real property within the area proposed for annexation; 2) That said petition was accompanied by an accurate and recordable plat or map prepared by a licensed surveyor of the area proposed for annexation; 3) If the petition proposes the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located, be accompanied by a copy of the resolution, required under Subsection 10-2-402(6), of the legislative body of the county in which the area is located; and 4) Designate up to five of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor, and indicate the mailing address of each sponsor; and 5) That no previous petition for annexation has been filed which has not been denied, rejected, or granted for the proposed annexation area; IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Moab, this 31st day of July, 2017. Rachel Stenta City Recorder Page 59 of 127 7-1 Consent Agenda N OTI CE OF PROPOSED AN N EXATI ON Notice is hereby given that a petition has been filed with the City of Moab, Utah, to annex 9.99 acres, more or less, of property located at approximately 500 West and 1001 North and 500 West and 963 North, and more particularly described as follows: A parcel of land within the Southeast Quarter of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning at a point on the Moab City limits, said point being N 00°31' E 729.90 feet from the East Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running along said city limits thence S 89°46' W 548.60 feet; thence S 00°03' W 5.40 feet; thence N 89°57' W 1646.98 feet; thence SOUTH 197.38 feet along ownership line; thence EAST 903.00 feet to a point on Moab City Limits; thence EAST 1290.74 feet along city limits; thence N 00°31' E 203.6 feet the point of beginning. 435,181 SQ. FT. OR 9.99 ACRES Said petition was received by the Moab City Council on July 11, 2017 and certified by the Moab City Recorder on July 31, 2017 which certification states the petition meets the requirements of Title 10-2-403(2), (3) and (4) of the Utah Code Annotated as follows: 1) That said petition contain the signatures of, if all the real property within the area proposed for annexation is owned by a public entity other than the federal government, the owners of all the publicly owned real property, or the owners of private real property that: i. is located within the area proposed for annexation; ii. a. Subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area within the area proposed for annexation; b. covers 100% of rural real property as that term is defined in Section 17B-2a-1107 within the area proposed for annexation; c. covers 100% of the private land area within the area proposed for annexation, if the area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture and Industrial Protection Areas, or a migratory bird production area created under Title 23, Chapter 28, Migratory Bird Production Area; and is equal in value to at least 1/3 of the value of all private real property within the area proposed for annexation; 2) That said petition was accompanied by an accurate and recordable plat or map prepared by a licensed surveyor of the area proposed for annexation; 3) If the petition proposes the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located, be accompanied by a copy of the resolution, required under Subsection 10-2-402(6), of the legislative body of the county in which the area is located; and Page 60 of 127 7-1 Consent Agenda 4) Designate up to five of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor, and indicate the mailing address of each sponsor; and 5) That no previous petition for annexation has been filed which has not been denied, rejected, or granted for the proposed annexation area; A copy of the complete annexation petition is available for inspection and copying at the office of the Moab City Recorder, 217 East Center Street, Moab, UT 84532, between the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday, except holidays. Moab City may grant the petition and annex the area described in the petition, unless a written protest to the annexation petition is filed with the Grand County Boundary Commission and a copy of the protest delivered to the Moab City Recorder. The protest period will be 30 days from the date of certification and will end on August 31, 2017. Protests may be filed with the Grand County Boundary Commission, c/o Grand County Clerk's Office, 125 E. Center St., Moab, UT 84532, between the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday, except holidays. Protests may be filed with the Boundary Commission by the legislative body or the governing board of an affected entity. Dated this 31sf day of July, 2017. /s/ Rachel Stenta City Recorder Published in the TIMES INDEPENDENT August 3, 10 and 17, 2017. Page 61 of 127 7-1 Consent Agenda June 29, 2017 Mr. Jeff Reinhart Moab City Planner 217 East Center Street Moab, UT 84532 RE: Shumway Annexation Dear Mr. Reinhart, I am assisting Mike And Kelly Shumway with an annexation of their properties commonly known as 1001 North 500 West and 967 North 500 West., Moab, UT. Attached herewith please find the Narrative, the completed petition, the Annexation Map and the necessary fees for submittal of this package. The two properties are bounded by Moab City Corporate limits on the North side, the East side and better than half of the southerly boundary. The 1001 North property has an old residence thereon and the 967 North property has a small office building and a large metal shop building that have historically been used for commercial and industrial concerns for 60 plus years. Mike and Kelly Shumway see annexation of these properties as an opportunity to re -develop them into an asset for the community and something more compatible with the adjacent properties, uses and zoning. The properties abut on the north boundary and east boundary existing Moab City C4 zoning. As such, that is the zone they desire upon annexation. The C4 Zone proposed is also more compatible to the R2 Zoning on the south than are the current industrial uses. Please notify me of any additional information you might need and if you have any questions. Sincerely, Timothy M. eogh Page 62 of 127 7-1 Consent Agenda ANNEXATION NARRATIVE Following are the Criteria for Annexation of the petitioned properties per Moab City Code 1.32.020 C. 1. a. The property must be contiguous to the boundaries of the city. The subject properties join the current corporate limits on the North, the East and portions of the South boundary. b. The property must lie within the area projected for the city municipal expansion. The subject properties do lie within the projected city expansion. c. The property must not be included within the boundaries of another incorporated municipality. The subject properties are not within the boundaries of another municipality. d. The annexation must not create unincorporated islands within the boundaries of the city. The proposed annexation does not create any unincorporated islands within the boundaries of the city. e. The property proposed to be annexed hereunder will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of another municipality to annex into the same or related area. The annexation is not proposed for the sole pui pose of creating revenue for Moab City and there are no other municipalities proposing these land for annexation. City services and transportation routes are in place to serve the subject property. Potential development in the proposed C4 Zone will generate revenues for city utilities and city services and will provide much needed sales tax revenues. Immediate access to Highway 191 allows for minimal impact to the existing residential neighborhoods and roads to the south. Taxing entities within the proposed annexation (Schools, County, State, Library, Cemetery, Water Conservancy, Mosquito Abatement, Moab Valley Fire) are not affected by the proposed annexation. Page 63 of 127 7-1 Consent Agenda C City of Moab 217 East Center Street Moab, Utah 84532 . Main Number (435) 259-5121 Fax Number (435) 259-4135 PETITION FOR ANNEXATION June 26, 2017 Petition date: Petition Descriptio + (Approximate Address): N 0500 W 963 and N 0500 W 1001 Contact Sponsor Name: Kelly Shumway Contact Sponsor Mailing Address: PO Box 1032, Moab, UT 84532 Contact Sponsor Phone Number: 435/260-1554 We, the uriaers fined, being a majority of the owr rs of real property in territory lying cortigucus to tF a corm at., snits of Moab City, a r—Inicipai L. A lion i Grand County, State of U and 'sr hvvners of m :.rP than o, it third (1/' / in N IL a uperty in sair! -e itc :r last 3f-f:3s.^1, : )Ils in Grand C.. -Int 1. reby respectfully petitic .ne Ole NI ay COE—in(.i Moab City tJ._ suci t rri ry be annexed to -Ind ,)rt c," -paid Moab City and that the uurporate city limits of Moat C,.y be extended so as to i nclude the territory herein below listed. My signature on this ►. ition may be coi,sidered as a ')e tition or as part of a multiple- pr tii 3I IEi vitition Printed Name Mailing Address Signa ur 1' KM Real Estate Enterprises, LLC PO Box 1032, Moab, UT 84532 2. MDean and Company, LLC PO Box 1032, Moab, UT 84532 3. 4. 5. 6. 7. 8. 9. 10. * Moab City Code 17.12.150 Moab City — Annexation Petition Page 64 of 127 7-1 Consent Agenda The territory referred to herein is comprised of the following described real property in Grand County, State of Utah, to wit: Please attach a legal description of the proposed annexation and an accurate recordable map prepared by a licensed surveyor of the area proposed for annexation. Those properties described and set forth upon the attached pages through _, which pages are incorporated by reference and expressly made a part of this petition. ist of Annexation Petition Attachments: Individual Legal descriptions for each property proposed for annexation; or A legal description that is inclusive of all properties proposed for annexation; An accurate, recordable map prepared by a licensed surveyor of the area(s) proposed for annexation; Copes of notices sent to affected entities; A list of affected entities to which notices were sent; Please return this form with attachments to the Moab City Offices with an annexation petition fee* of $100.00 (for lots under five acres) or $400.00 (for lots over five acres). Please contact the City Recorder's Office at (435) 259-5121 if you have any questions regarding this form or this process. LEGAL DESCRIPTION (KM Real Estate Enterprises, LLC) PARCEL 03-032-0028 Beginning at a point 726 feet North and 174 feet West of the East 1/4 Corner of Section 35, T25S, R21E, SLM; and running thence West 2015 feet; thence South 200 feet; thence East 2178 feet; thence North 30 feet; thence West 168 feet to a point on a chain link fence; thence North 1°41' East 170 feet along said fence to the point of beginning. 9.37 AC LEGAL DESCRIPTION (NI. Dean and Company, LLC) PARCEL 03-035-0027 Beginning at a point 726 feet North and 11 feet West of the East 1/4 Corner of Section 35, T255, R21E, SLM; and running thence South 170 feet; thence West 168 feet; thence North 1°41' East 170 feet; thence East 163 feet to place of beginning. 0.65 AC * Moab City Code 17.12.150 Moab City —Annexation Petition Page 65 of 127 7-1 Consent Agenda opua6y 4.uasuoI-L NAM NY want LLC POSTALSY ROOST NwL1 FAST SOl6 ANS 0114WANON W 01.03541110 N SS'6TW 1007 .., REAL TSTATI �F.WTEs.11C -014401.56 LOCATED TVANSNIP 36MSOD01.RANGF 21 FAST SALT LAM OALCANa.NNWN F,q«L RED DESERT) ErsT.LT a1. 09,17T Land Surveying LV a LOT-1n I LOT 14 KM ANNEXATION MAP AN ANNESATFON 1M LANOS FAT✓TN OIL NOSINEASTWASTER OF TOWNSHIP aBouw TYAwx. 21 EAST SALT UNE SASEANS1PNioaN WW1 OTT, 011.4.104.01.111TY. LTIAN LOT 11 LOT 12 SOU, SUU OL OD.1mNT 01.20146.11 On Guns SS9Y6W 5166 SFS 8 s LOT n EAi' 1790.T LOT 10 LOT. Lase OT1 I Lme .uu.wa LOLOWNON. LOTS LOT 4 LOT LOTT LOT . VF LOT 14 l LOT It MOOS CITY WE TWOOD AVE . APPROVED BY MOAB CRY PASTOR N,PROVIL1 aNScmNX11 S...a.Tn SURVEYOR'S CERTIFICATE �N.r,L�mlunhar W.mFA1wsNWN,4 YP FARO4wswm�. `.. eaw dw...e rM m r NNsd bb w mrpA rM a w mY a hoe Was 1111..4 BOUNDARY DESCRIPTION OF ANNEXATION AREA TL.L��.NN.yNNnFAINm aFriTNA..N r.SFS.L111OTT, T».wb.1144s EA, OrlNmmmN µplea* ZS.. MN. S1 Eml rLL.L ••41Y.�1in n1 ru..We. 44 NNEn..FASTS ..r FASTOWv+W aa�nn 1.SSNOT1..m:FAST EAST NSL1 bNA .F.N mIF+•.4 nalOM nr.Sw FAST Sm mFmb• ti.dNNr/WryMAW SO. FT. 011 MACS. COUNTY SURVEYOR APPROVAL 1.10µ41.4 A..SOWO T., ON Of aUA.O. ST � su ...LTISL ROC C WNrf RECORDER NO. STATE Of vU1., WAS COONIL 1.111.0 111E FLOUTS, Of a� SOOT rAr: NE COUNTY KCMG Page 66 of 127 o% 25% so% SPA I ITCFMAll CN • Kelly Shumway • KM Real Estate/MDean Co. • P.O. Box 2032 • Moab, UT84532 • 435-26o-2554 • k.shumwayQa frontier.com 75% i00% A \EXAM CN C1-1324J ST ITEM DETAI LS Compl eted Petition Received 3o-Jun-17 Address (adjacent to City Limits) loci North Soo West & 967 North Soo West f Contact Name Kelly Shumway Contact Phone # 435-260-1554 f Copy of Petition mailed to County Clerk & PC by applicant Notice of PC Meeting posted on property f City Council Acceptance/Denial 11-Jul-17 Notice of Denial Mailed n/a f Planning Commission Review lo-Aug-17 Requested Zone C-4/R-4 f Recommended Zone C-4/no residential recommendation PC Annexation Review Received 14-Aug-i7 f Certification Date 31-JUI-17 Notice of Certification to City Council 31-Jul-17 f Notice of Certification to Affected Entities 31-JUI-17 Notice of Certification Published 8/3, 8/20, 8/27 f Protest Period Ends 31-Aug-17 Protests Received No f City Council Agenda to Set Public Hearing 12-Sep-17 Ordinance # 2017-33 f Public Hearing Date 10-Oct-17 Ordinance Approval Date Notice of Annexation to Affected Entities Notice of Annexation Published Notice of Annexation mailed to Contact Sponsor Annexation mailed to Lt. Governor Certificate of Annexation received from Lt. Governor Annexation Recorded with County Recorder City Zoning Map Updated Page 67 of 127 7-1 Consent Agenda City of Moab Planning Department 217 East Center Street Moab, Utah 84532-2534 (435) 259-5129 Fax (435) 259-0600 Memorandum To: Members of the Moab Planning Commission and City Council From: Jeff Reinhart, AICP, Planning Director Date: August 10, 2017 Re: Shumway Annexation Review Mayor: David L. Sakrison Council: Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd PL-17-117 Background The sponsor of this 9.99-acre annexation is Kelly Shumway who is manager and registered agent for KM Real Estate Enterprises, LLC, owner of the subject properties. The properties are currently zoned RR, Rural Residential and are located at 1001 and 967 N. 500 West. The improvements on 1001 consists of an old residence and the property at 967 North 500 West includes a small business office and a large metal building that has historically been used for commercial and industrial businesses for over sixty years. The exhibit below indicates the lot configuration and existing development on the property. Shumway Annexation 0 f00 iav 400 E00 Feet .b 20,E , •' Y = tri 117 7.3 :, y As shown to the left, the lot is a long narrow rectangular shape that is about 2,178 feet in length and 200 feet in width. It is adjacent to the Palisades Subdivision along the southern boundary for much of its length. The requested annexation, if approved by City Council, will remove this peninsula and bring the property into the City. Page 68 of 127 7-1 Consent Agenda 2 The surrounding City of Moab zoning includes the C-4, General Commercial Zone, to the north and east along Main Street and south along 500 West; and R-2, Single- and Two- Family Zone, to the South. The property owner is requesting that a zoning designation of R-4, Manufactured Housing Residential Zone, be applied to the western 7 acres of the property and C-4, General Commercial, to the remaining 3 acres. Shumway Annexation 0 too 200 400 Fi00 Feel f Inch=200 feet i .,11iP. gi Z 2yZone t. Ilk".;,1 ' 1, rt P311sade i].i- W111. . t Evaluation Moab Municipal Code Section 1.32.030 applies to the evaluation of the proposed Shumway Annexation and requires that each annexation be evaluated against several factors as discussed below. a. Compliance with Appropriate Provisions of State Code Applicable state code provisions have been reviewed and staff has determined that the annexation complies with the relevant requirements, including but not limited to the following: • The annexation must be contiguous to Moab City Limits. The property is a peninsula and adjacent to City Limits on three sides. • The annexation must maintain contiguity through the entire area to be annexed. The property is comprised of two adjacent lots. • The annexation must not create islands or peninsulas of unincorporated county land unless it is within the Annexation Area and the county has no concerns. The property lies within the Annexation Area and no islands or peninsulas are created. • The annexation must be initiated by a petition that meets all state requirements- the petition has been certified by the City Recorder to meet state requirements. Page 69 of 127 7-1 Consent Agenda 3 Again, this property is a an unincorporated peninsula that is clearly within the annexation area as established by both the General Plan and the Annexation Policy Plan Map shown below (MMC Chapter 1.32). General Plan Annexation Area Boundary Legend General Plan Annexation Area (Ordinance 2008-2a) 0111urrent City Limits Ownership Parcels 0 6.5 1 1 inch equals 0.5 miles Page 70 of 127 7-1 Consent Agenda 4 The following table indicates the types of uses allowed in the R-4 and C-4 Zones. R-4 Zone -City (17.51.o2o) C-4 Zone (17.27.020) One -family dwellings Dwellings -CUP Fences, walls, and hedges seven feet Office buildings Customary household pets Funeral establishments Temporary construction yards Churches Agriculture Gymnasium Temp construction buildings and yards Agriculture/pasture Home occupations Retail establishments Two-family dwellings Testing labs Day care centers/foster homes Home occupations Apartment houses other multiple dwellings Schools Court apartments Hospitals Boys' schools/ correctional institutions Public buildings Communication towers Research establishments Secondary dwelling units Warehouses Pasturing of animals Assembly of appliances Plant nurseries Service establishments Mobile home parks/ subdivisions Apartments -CUP Public buildings Fraternity organizations/lodges Clubs and lodges (nonprofit) Eating establishments Boarding and rooming houses Commercial parking lots Planned unit developments Farm equipment sales Lodging establishment Manufactured home sales -CUP Taxidermy shops Electrical appliance shops Plumbing shops Carpentry shops Hardware stores stone and monument sales Service stations Auto body shops Car sales Engraving/printing Employee housing Wholesale sales Trucking company -CUP Manufacturing RV courts Garages b) Proposed Land Uses The property has a county zoning designation of RR, Rural Residential, which requires a minimum lot size of 1 acre (43,560 sq. ft.) per single residential dwelling. If the requested R-4 and C-4 zoning is accepted, the allowed uses will be changed to multi -family residential as well as those commercial uses listed above. Page 71 of 127 7-1 Consent Agenda 5 c) The Assessed Valuation of the Property Property Use Area Total acres Valuation KM Real Estate Ent. 963N 500W Manuf/Indus 304,920 sq. ft. 10.0 637,296.00 M. Dean and Company 1001N 500W Residential 130,680 sq. ft. d) The Potential Demand for Municipal Services, Especially Those Requiring Capital Improvements. The City currently provides water and sewer to the proposed annexation. Law enforcement will be provided by the city, and the Public Works department will provide maintenance of any dedicated street rights -of -way subsequent to the annexation. Pre -annexation Agreements with the Petitioner will cover the provision of all services to the Shumway Annexation. Water: Water service is currently provided by the City. Any costs for additional development that requires extensions of the service lines will be paid by the developer and impact fees and connection fees will be due. All design and installation of water distribution systems are approved by the public works and engineering departments. Sanitary Sewer: Sewer service to the site is currently provided by the City of Moab. Onsite Roads: The developer will design any onsite public streets to comply with the construction design standards for construction of public improvements. Trails: Trails have not been proposed for the area. e) Recommendations of Other Local Government Entities Regarding the Potential Impact of the Annexation Grand County can respond to the appropriateness of the annexation. f) Potential land use contribution to the Achievement of the Goals and Policies of the City. This criteria is difficult to address because of the lack of specifics for the planned uses on the property. However, if multi -family housing is constructed, then it will satisfy several sections of the General Plan. Historically, the attitude has been that residential uses do not contribute significantly to the maintenance of infrastructure as do commercial developments because no additional revenue is realized. This observation has been made by many local jurisdictions in efforts to justify annexing commercial development for its increases in sales or property taxes while discouraging residential annexations because it costs money to maintain the infrastructure without direct cost offsets. However, as with past annexations, it should be recognized that residential uses provide dwelling space for consumers of goods purchased from merchants in the commercial districts. Residential uses also provide housing for the working population so stores and services remain open to generate much needed sales tax revenue. The proposed development of the R-4 tract portion can potentially provide numerous housing options for residents. The R-4 does not allow short term rentals and the petitioner does not desire to pursue this use for seven of the ten acres. Any housing will be an asset to the community. Page 72 of 127 7-1 Consent Agenda 6 The C-4 zoning is requested to be applied to the eastern portion of the property adjacent to the C-4 along Main Street and fronting 500 W. All development will be consistent with the General Plan and the regulations of the Moab Municipal Code (MMC). The allowed uses in the C-4 and the R-4 are listed above. g) Identification of any Special Districts or County Department Currently Providing Services. • Grand County School District is a county -wide district for which there is no contemplated change in level of service or responsibility because of the annexation. • Moab Fire Department- This is also a county -wide district and there is no contemplated change in service level or responsibility. • Grand County Hospital Service District- This is a county -wide district and there is no contemplated change in service level or responsibility. • Health department of Southeastern Utah- This is also a county -wide district and there is no contemplated change in service level or responsibility. • Cemetery District- This is a county -wide district and there is no contemplated change in service level or responsibility. • Moab Mosquito Abatement District- This is also a county -wide district and there is no contemplated change in service level or responsibility. • Grand County Library Board- This is also a county -wide district and there is no contemplated change in service level or responsibility. • Solid Waste District- This is a county -wide district and there is no contemplated change in service level or responsibility. • Recreation District- This, too, is a county -wide district and there is no contemplated change in service level or responsibility. h) If an application includes a specific proposal for urban development, an Understanding as to the provision of improvements will be concluded between the city and the applicant. A Pre -annexation Agreement between the City and Petitioner that addresses the provision of public improvements discussed above shall be approved by the City Council. i) New Annexations should create area in which services can be provided efficiently. This annexation will not create a geographically isolated area that would make service difficult or extremely expensive to provide. Utilities are now on the property. j) Tax Consequences for Affected Entities. While new housing developments do not necessarily bring in new tax revenues, the use of such mechanisms as homeowners associations can be created to provide maintenance of improvements in residential neighborhoods. Additionally, housing projects will provide much needed dwellings for the community and those residents will buy goods from local businesses. The proposed residential uses will provide another level of housing in the community. Projected Population: Approximately 45% of the property is located in the Colorado River 100 Year Flood Zone. The flooding would not be a surge of water but a gradual increase in the elevation. The development on this western end of the parcel will need to be on engineered fill to meet FEMA requirements. This fill may or may not affect the actual housing densities. The following chart is a general guide for the possible population Page 73 of 127 7-1 Consent Agenda 7 Zone Property Gross area sq. ft. Required Lot area per d/u Current Residents Total allowable units Potential Number of Residents R-4 304,920 1,800 Sq. ft. N/A 127 units 3081-3932 C-4 130,680 Unlimited if above ground floor N/A Unknown N/A 'Average household size=2.43 2Average Family Size=3.1 ANNEXATION PLAT to MEM' J Average Water Demand: In August 2014, the USGS Utah Water Science Center (David Susong) announced that the average household in Moab used 185,000 gallons of water per year. Page 74 of 127 7-1 Consent Agenda 8 ADDENDUM Utah Code Effective 5/12/2015 10-2-402. Annexation -- Limitations. (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (b) An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and (iv) for an area located in a specified county with respect to an annexation that occurs after December 31, 2002, the area is within the proposed annexing municipality's expansion area. (2) Except as provided in Section 10-2-418, a municipality may not annex an unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation. (3) (a) An annexation under this part may not include part of a parcel of real property and exclude part of that same parcel unless the owner of that parcel has signed the annexation petition under Section 10-2-403. (b) A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsection (3)(a) if owned by the same owner. (4) A municipality may not annex an unincorporated area in a specified county for the sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to annex the same or a related area unless the municipality has the ability and intent to benefit the annexed area by providing municipal services to the annexed area. (5) The legislative body of a specified county may not approve urban development within a municipality's expansion area unless: (a) the county notifies the municipality of the proposed development; and (b) (i) the municipality consents in writing to the development; or (ii) (A) within 90 days after the county's notification of the proposed development, the municipality submits to the county a written objection to the county's approval of the proposed development; and (B) the county responds in writing to the municipality's objections. (6) (a) An annexation petition may not be filed under this part proposing the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located unless the legislative body of the county in which the area is located has adopted a resolution approving the proposed annexation. Page 75 of 127 7-1 Consent Agenda 9 (b) Each county legislative body that declines to adopt a resolution approving a proposed annexation described in Subsection (6)(a) shall provide a written explanation of its reasons for declining to approve the proposed annexation. (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation Administration has, by a record of decision, approved for the construction or operation of a Class I, II, or III commercial service airport, as designated by the Federal Aviation Administration in 14 C.F.R. Part 139. (8) (b) A municipality may not annex an unincorporated area within 5,000 feet of the center line of any runway of an airport operated or to be constructed and operated by another municipality unless the legislative body of the other municipality adopts a resolution consenting to the annexation. (c) A municipality that operates or intends to construct and operate an airport and does not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)may not deny an annexation petition proposing the annexation of that same area to that municipality. (a) A municipality may not annex an unincorporated area located within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act, without the authority's approval. (b) (i) Except as provided in Subsection (8)(b)(ii), the Military Installation Development Authority may petition for annexation of a project area and contiguous surrounding land to a municipality as if it was the sole private property owner of the project area and surrounding land, if the area to be annexed is entirely contained within the boundaries of a military installation. (ii) Before petitioning for annexation under Subsection (8)(b)(i), the Military Installation Development Authority shall provide the military installation with a copy of the petition for annexation. The military installation may object to the petition for annexation within 14 days of receipt of the copy of the annexation petition. If the military installation objects under this Subsection (8)(b)(ii), the Military Installation Development Authority may not petition for the annexation as if it was the sole private property owner. (iii) If any portion of an area annexed under a petition for annexation filed by a Military Installation Development Authority is located in a specified county: (A) the annexation process shall follow the requirements for a specified county; and (B) the provisions of Subsection 10-2-402(6) do not apply. Effective 5/12/2015 10-2-418. Annexation of an island or peninsula without a petition -- Notice -- Hearing. (1) For purposes of an annexation conducted in accordance with this section of an area located within a county of the first class, "municipal -type services" for purposes of Subsection (2)(a)(ii)(B) does not include a service provided by a municipality pursuant to a contract that the municipality has with another political subdivision as "political subdivision" is defined in Section 17B-1-102. Page 76 of 127 7-1 Consent Agenda 10 (2) (a) Notwithstanding Subsection 10-2-402(2), a municipality may annex an unincorporated area under this section without an annexation petition if: (i) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; (B) the majority of each island or peninsula consists of residential or commercial development; (C) the area proposed for annexation requires the delivery of municipal -type services; and (D) the municipality has provided most or all of the municipal -type services to the area for more than one year; (ii) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and (B) the municipality has provided one or more municipal -type services to the area for at least one year; or NO (A) the area consists of: (I) an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and (II) for an area outside of the county of the first class proposed for annexation, no more than 50 acres; and (B) the county in which the area is located, subject to Subsection (3)(b), and the municipality agree that the area should be included within the municipality. (b) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: (i) in adopting the resolution under Subsection (4)(a)(i), the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and (ii) for an annexation of one or more unincorporated islands under Subsection (2)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (2)(a)(ii)(A) relating to the number of residents. (3) (a) This Subsection (3) applies only to an annexation within a county of the first class. (b) A county of the first class shall agree to the annexation if the majority of private property owners within the area to be annexed has indicated in writing, subject to Subsection (3)(d), to the city or town recorder of the annexing city or town the private property owners' consent to be annexed into the municipality. (c) For purposes of Subsection (3)(b), the majority of private property owners is property owners who own: (i) the majority of the total private land area within the area proposed for annexation; and (ii) private real property equal to at least one half the value of private real property within the area proposed for annexation. Page 77 of 127 7-1 Consent Agenda 11 (d) (i) A property owner consenting to annexation shall indicate the property owner's consent on a form which includes language in substantially the following form: "Notice: If this written consent is used to proceed with an annexation of your property in accordance with Utah Code Section 10-2-418, no public election is required by law to approve the annexation. If you sign this consent and later decide you do not want to support the annexation of your property, you may withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk of [name of annexing municipality]. If you choose to withdraw your signature, you must do so no later than the close of the public hearing on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(a)(iv).". (e) A private property owner may withdraw the property owner's signature indicating consent by submitting a signed, written withdrawal with the recorder or clerk no later than the close of the public hearing held in accordance with Subsection (4)(a)(iv). (a) The legislative body of each municipality intending to annex an area under this section shall: (i) adopt a resolution indicating the municipal legislative body's intent to annex the area, describing the area proposed to be annexed; (ii) publish notice: (A) (I) at least once a week for three successive weeks in a newspaper of general circulation within the municipality and the area proposed for annexation; or (II) if there is no newspaper of general circulation in the areas described in Subsection (4)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are most likely to give notice to the residents of those areas; and (B) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks; (iii) send written notice to the board of each local district and special service district whose boundaries contain some or all of the area proposed for annexation and to the legislative body of the county in which the area proposed for annexation is located; and (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the adoption of the resolution under Subsection (4)(a)(i). (b) Each notice under Subsections (4)(a)(ii) and (iii) shall: (i) state that the municipal legislative body has adopted a resolution indicating its intent to annex the area proposed for annexation; (ii) state the date, time, and place of the public hearing under Subsection (4)(a)(iv); (iii) describe the area proposed for annexation; and (iv) except for an annexation that meets the property owner consent requirements of Subsection (5)(b), state in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing under Subsection (4)(a)(iv), written protests to the annexation are filed by the owners of private real property that: (A) is located within the area proposed for annexation; (B) covers a majority of the total private land area within the entire area proposed for annexation; and Page 78 of 127 7-1 Consent Agenda 12 (C) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation. (c) The first publication of the notice required under Subsection (4)(a)(ii)(A) shall be within 14 days of the municipal legislative body's adoption of a resolution under Subsection (4)(a)(i). (5) (a) Upon conclusion of the public hearing under Subsection (4)(a)(iv), the municipal legislative body may adopt an ordinance approving the annexation of the area proposed for annexation under this section unless, at or before the hearing, written protests to the annexation have been filed with the city recorder or town clerk, as the case may be, by the owners of private real property that: (i) is located within the area proposed for annexation; (ii) covers a majority of the total private land area within the entire area proposed for annexation; and (iii) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation. (b) (i) Upon conclusion of the public hearing under Subsection (4)(a)(iv), a municipality may adopt an ordinance approving the annexation of the area proposed for annexation under this section without allowing or considering protests under Subsection (5)(a) if the owners of at least 75% of the total private land area within the entire area proposed for annexation, representing at least 75% of the value of the private real property within the entire area proposed for annexation, have consented in writing to the annexation. (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an ordinance adopted under Subsection (5)(b)(i), the area annexed shall be conclusively presumed to be validly annexed. (6) (a) If protests are timely filed that comply with Subsection (5), the municipal legislative body may not adopt an ordinance approving the annexation of the area proposed for annexation, and the annexation proceedings under this section shall be considered terminated. (b) Subsection (6)(a) may not be construed to prohibit the municipal legislative body from excluding from a proposed annexation under Subsection (2)(a)(ii) the property within an unincorporated island regarding which protests have been filed and proceeding under Subsection (2)(b) to annex some or all of the remaining portion of the unincorporated island. Moab Municipal Code 1.32.030 Annexation policy plan. A. Pursuant to U.C.A. 10-2-401.5, the city hereby adopts the following annexation policy declaration. 1. Sound urban development is essential to the continued economic development of this state; 2. Municipalities are created to provide urban governmental services essential for sound urban development and for the protection of public health, safety and welfare in residential, commercial and industrial areas, and in areas undergoing development; 3. Municipal boundaries should be extended, in accordance with specific standards, to include areas where a high quality of urban governmental services is needed and can be provided for Page 79 of 127 7-1 Consent Agenda 13 the protection of public health, safety and welfare and to avoid the inequities of double taxation and the proliferation of special service districts; 4. Areas annexed to municipalities in accordance with appropriate standards should receive the services provided by the annexing municipality as soon as possible following the annexation; 5. Areas annexed to municipalities should include all of the urbanized unincorporated areas contiguous to municipalities, securing to residents within the areas a voice in the selection of their government; 6. Decisions with respect to municipal boundaries and urban development need to be made with adequate consideration of the effect of the proposed actions on adjacent areas and on the interests of other government entities, on the need for and cost of local government services, and the ability to deliver the services under the proposed actions and on factors related to population growth and density and the geography of the area; and B. The map from the adopted Annexation Policy Plan is attached in the addendum below and includes a description map showing the anticipated future extent of the city of Moab's boundaries and areas that are more readily available for service and more readily available for future expansion. C. (1) Criteria for annexation of unincorporated areas include: a. The property is contiguous to the boundaries of the city; b. The property is located within the area projected for the city municipal expansion as noted above; c. The property is not included within the boundaries of another incorporated municipality; d. The annexation is an unincorporated peninsula within the boundaries of the city; e. The property will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of another municipality to annex into the same or related area. (2) The city will evaluate the following for each annexation: a. Compliance with all requirements of appropriate state code provisions. Under new provisions in UCA 10-2-418, adopted by the Utah State Legislature and in effect May 5, 2015, a municipality may annex an area if: 1. municipal facilities have been provided to the property for a period of at least one year, 2. the area has fewer than 800 residents, and 3. the county and municipality agree that the area should be included within the municipality. Grand County had no objection to the annexation. b. The current and potential population of the area, and the current residential densities. c. Land uses proposed in addition to those presently existing. d. The assessed valuation of the current properties or proposed uses. e. The potential demand for various municipal services, especially those requiring capital improvements. f. Recommendations of other local government jurisdictions regarding the proposal and potential impact of the annexation. g. How the proposed area, and/or its potential land uses would contribute to the achievement of the goals and policies of the city. h. Identification of any special districts or county departments that are currently providing services. If the proposed area is receiving services that are to be assumed by the city, a Page 80 of 127 7-1 Consent Agenda 14 statement should be included indicating that steps can be taken to assure an effective transition in the delivery of services. A timetable for extending services should be included if the city is unable to provide services immediately. If the proposed area is receiving services that are not going to be assumed by the city a statement to that effect will be included in the annexation agreement. i. If an application for annexation includes a specific proposal for urban development, an understanding as to the provision of improvements should be concluded between the city and the applicant. j. New annexations should create areas in which services can be provided efficiently. The annexation should not create geographically isolated areas, areas for which the provision of services would be costly or difficult, or an area in which surface water runoff would create multi -jurisdictional problems. k. The tax consequences for affected entities should be addressed. (3) In order to facilitate orderly growth, the following city policies will apply to every annexation proposal. However, compliance with any policy not expressly required by state law is not mandatory, and failure to comply with any policy not expressly required by state law shall in no way affect or jeopardize an annexation petition that otherwise meets the standards established in the Utah Code. a. The city's policy is to consider annexation only in those areas where the city has the potential to provide urban services (either directly or through interlocal cooperative agreement). These areas may include locations served or to be served by city utilities, electrical service, police and fire protection facilities, etc. b. The city declares its interest in those areas identified in this policy declaration and other areas lying within one-half mile of the city's boundary. Any urban development as defined by state law proposed within this specified area is subject to review and approval of the city as provided in U.C.A. 10-2-418, as amended. c. Due to the extraterritorial powers granted as part of the Utah Boundary Commission Act, the city may exercise its initiative to prepare and adopt a general plan for future development in those extraterritorial areas of interest for future annexation, as indicated in this policy declaration. This general plan will define proposed land uses, nature, and density of development desired by the city in each particular area. Once this ordinance is adopted, any proposed development in an area to be annexed must conform to the general plan, notwithstanding said plan may be amended from time to time as deemed necessary and appropriate. d. It is the policy of the city to require new development in annexed areas to comply with all city standards and regulatory laws. Proposed actions to be taken to overcome deficiencies should be identified and costs estimated. e. To avoid creation of islands and peninsulas, unincorporated territory and publicly -owned land such as roadways, schools, parks or recreational land, may be annexed as part of other logical annexations. f. In order to facilitate orderly growth and development in the city, the planning commission may review a proposed annexation and make recommendations to the city council concerning the parcel to be annexed, the effect on city development, and the recommended zoning district designation for the proposed annexed area. Review by the planning commission is not a requirement for annexation, and approval from the planning commission is not necessary for annexation. Page 81 of 127 7-1 Consent Agenda 15 g. The city council shall designate the zoning for the territory being annexed in the ordinance annexing the territory. The zoning designations must be consistent with the general plan. The city council shall not be bound by the zoning designations for the territory prior to annexation. Nothing in this section shall be construed as allowing the city council to change zoning designations in areas that are already within the municipal boundaries, without following the procedures for zoning amendments found in the city code. h. Landowners petitioning for annexation must file an application and follow the procedures for annexation required by state law and the procedures specified by the city. i. The city may require an annexation fee reasonable to the cost incurred as part of the annexation process. j. From time to time, the city may amend this master annexation policy declaration. This policy declaration, including maps, may be amended by the city council after at least fourteen days' notice and public hearing. Annexation policy declarations for individual annexations may be considered amendments to this master annexation policy declaration and likewise require adequate notice and public hearing as herein specified. D. The character of the community. 1. The areas anticipated for future annexation contain a wide variety of land uses. There is vacant land, as well as residentially developed property, and property developed and being developed for commercial uses. 2. The city was incorporated in December 20, 1902 and has entertained numerous proposals for annexation since that time. Recent interest in annexation has been shown by many surrounding property owners. This policy declaration will help to define those areas that the city will consider in a favorable manner. E. The need for municipal services in developing unincorporated areas. 1. The city recognizes that municipal services to developed areas which may be annexed should, to the greatest extent possible, be provided by the city. It may, however negotiate service agreements in annexing areas. 2. For developing unincorporated areas to be annexed to the city, general government services and public safety service will be provided by the city as the area is annexed and developed. Where feasible and in the public interest to the citizens of the city, public utility services will be provided by the city or through the appropriate utility companies or improvement districts. 3. Subsequent policy declarations on individual parcels will address provision of utility service to that particular area. Determination of how utility service will be provided to developing areas proposed for annexation will be developed following discussion with the public works department and other appropriate utility officials or entities. F. Financing and time frame for the extension of municipal services. 1. Those areas identified in this master policy declaration as being favorable for annexation are located near to the city. A basic network of collector roads presently exists in many of these areas and the city can readily extend such services as police protection, street maintenance, and general government services. Unless otherwise specified, city services for police and street maintenance will begin in newly annexed areas immediately following the effective date of annexation. 2. Services for newly annexed areas will be provided for out of the general and/or enterprise funds. However, it is the city's policy that all new development in areas requiring service bears Page 82 of 127 7-1 Consent Agenda 16 the burden of providing necessary facilities. If and when the property sought to be annexed is developed, the developer will have to construct and install appropriate municipal service facilities such as streets, curb, gutter, sidewalk, water and sewer lines, as provided by city code. Construction of water and/or sewer line extensions involving multiple properties will be phased to coincide with the financial readiness of said property owners and the city. 3. If services in an annexed area are substandard, then the financing of improvements to bring the area up to city standards may be necessary through such means as a special improvement district. The city may decline to annex areas that contain significant substandard improvements. The site annexation policy declaration, submitted with individual annexations, will identify a schedule for necessary improvements to the area. 4. Unless otherwise agreed by the city in writing, the annexation of real property into the municipal, limits shall not obligate the city to construct or install utilities or other public infrastructure. The decision to extend or install such improvements shall be vested solely in the discretion of the city council. G. The estimate of tax consequences. The estimate of tax consequences to residents in both new and old territory of the city resulting from the proposed future annexations cannot be accurately assessed at this time. As each annexation proposal occurs, the city will review the tax consequences of that annexation. H. Affected entities. The following is a list of potentially -affected entities, to which copies of the annexation policy declaration has been supplied prior to its adoption. In addition, as annexation proposals occur, the entities affected by the proposed annexation will be notified. Grand County 10-2-402. Annexation -- Limitations. (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (b) An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and Page 83 of 127 7-1 Consent Agenda 17 (iv) for an area located in a specified county with respect to an annexation that occurs after December 31, 2002, the area is within the proposed annexing municipality's expansion area. (2) Except as provided in Section 10-2-418, a municipality may not annex an unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation. 10-2-418. Annexation of an island or peninsula without a petition -- Notice -- Hearing. (1) For purposes of an annexation conducted in accordance with this section of an area located within a county of the first class, "municipal -type services" for purposes of Subsection (2)(a)(ii)(B) does not include a service provided by a municipality pursuant to a contract that the municipality has with another political subdivision as "political subdivision" is defined in Section 17B-1-102. (2) (a) Notwithstanding Subsection 10-2-402(2), a municipality may annex an unincorporated area under this section without an annexation petition if: (i) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; (B) the majority of each island or peninsula consists of residential or commercial development; (C) the area proposed for annexation requires the delivery of municipal -type services; and (D) the municipality has provided most or all of the municipal -type services to the area for more than one year; (ii) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and (B) the municipality has provided one or more municipal -type services to the area for at least one year; or (iii) (A) the area consists of: (I) an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and (II) for an area outside of the county of the first class proposed for annexation, no more than 50 acres; and (B) the county in which the area is located, subject to Subsection (3)(b), and the municipality agree that the area should be included within the municipality. (b) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: Page 84 of 127 7-1 Consent Agenda 18 (i) in adopting the resolution under Subsection (4)(a)(i), the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and (ii) for an annexation of one or more unincorporated islands under Subsection (2)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (2)(a)(ii)(A) relating to the number of residents. General plan annexation area boundary description The boundary encompasses: Portions of Sections 25, 26, 27, 34 and all of Sections 35 and 36 in Township 25 South, Range 21 East, Salt Lake Base & Meridian; Portions of Section 31 in Township 25 South, Range 22 East, Salt Lake Base & Meridian; All of Sections 1, 2 and 12 together with portions of Sections 11 in Township 26 South, Range 21 East, Salt Lake Base & Meridian; All of Sections 6, 7 and 18, together with portions of Sections 5, 8, and 17 in Township 26 South, Range 22 East, Salt Lake Base & Meridian, and is more particularly described as: Beginning at the SW Corner of Section 18, T 26 S, R 22 E, SLBM; Thence northerly to the NW Corner of said Section 18; Thence westerly to the SW Corner of Section 12, T 26 S, R 21 E, SLBM; Thence northerly to the SE Corner of Government Lot 1, Section 11, T 26 S, R 21 E, SLBM; Thence westerly to the NE corner of Section 10, T 26 S, R 21 E, SLBM; Thence northerly to the SW Corner of Section 2, T 26 S, R 21 E, SLBM; Thence northerly to the NW Corner of said Section 2; Thence westerly to the SW Corner of the SE1/4SW1/4 of Section 34, T 25 S, R 21 E, SLBM; Thence northerly to the NW Corner of Government Lot 10, Section 27, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of Government Lot 8, Section 26, T 25 S, R 21 E, SLBM; Thence southerly to the SE Corner of said Government Lot 8; Thence easterly to a point on the West Section Line of said Section 26; Thence southerly to the NE Corner of the SE1/4SE1/4 of said Section 26; Thence easterly to the NE Corner of Government Lot 6, Section 25, T 25 S, R 21 E, SLBM; Thence southerly to the NW Corner of Government Lot 3, Section 31, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of the SE1/4NW1/4 of said Section 31; Thence southerly to the SE Corner of Government Lot 9, said Section 31; Thence easterly to the NE Corner of Section 6, T 26 S, R 22 E, SLBM; Thence easterly to the NE Corner of Government Lot 4, Section 5, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of the SW1/4SW1/4 of said Section 5; Page 85 of 127 7-1 Consent Agenda 19 Thence southerly to the SE Corner of the SW1/4SW1/4 of Section 8, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of Government Lot 35, Section 17, T 26 S, R 22 E, SLBM; Thence westerly to the SE Corner of Section 18, T 26 S, R 22 E, SLBM; Thence westerly to the SW Corner of said Section 18, said point being the POINT OF BEGINNING. Page 86 of 127 7-1 Consent Agenda 20 General Plan Annexation Area Boundary Legend General Plan Annexation Area (Ordinance 2008-23) arrant City Limits Ownership Parcels 0 05 t 1 inch equals 0.5 miles 2 Miles Page 87 of 127 7-1 Consent Agenda FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT This agreement is entered into by the City of MOAB, Utah, a Utah municipal corporation (Moab), and Spanish Valley Water and Sewer Improvement District, an improvement district and political subdivision of the state of Utah (the District). I. RECITALS These Recitals describe the intent and purpose of this agreement. a. Moab and the District entered into an Interlocal Cooperation Agreement on or about November 9, 2016 (the Agreement) for the purpose of defining the allocation of costs for the construction of a new wastewater facility, and the terms under which Moab would provide wastewater treatment services to the District. b. The City has undertaken to construct a new Wastewater Treatment Plant, and has obtained bond financing in the amount of $14,200,000 for that purpose. c. Bids from contractors for the construction of the new Wastewater Treatment Plant substantially exceeded pre -bidding estimates, resulting in an upward revision to the project budget. Because the capital contributions of the District and Moab are based on the total project costs allocated based on each entity's use of the Wastewater Treatment Plant capacity, an adjustment to those contributions is necessary to account for the increase in costs. d. Technical Memorandum No. 2 of Bowen Collins Associates, Inc., dated February 27, 2017, is attached as Exhibit 1 and incorporated by reference, and reflects the updated analysis of the capital contributions required of the parties for the construction of the project. e. The parties agree that the analysis and conclusions in Technical Memorandum No. 2, as updated, are justified. An amendment to the Agreement is therefore necessary and consistent with commitments of the parties to date. II. AGREEMENT NOW, THEREFORE, for valuable consideration, the sufficiency of which all parties acknowledge, Moab and the District agree as follows: The recitals above are incorporated by reference. Article 5, Section 5.1 of the Agreement is amended to state as follows: 5.1 Capital Contribution. The District will pay for its fair share of the capital cost of the New Moab Wastewater Treatment Plant based upon the District's current capacity use in the Current Wastewater Treatment Plant. This current capacity use will be transferred to the New Wastewater Treatment Plant. The District agrees to pay the capacity use cost as outlined in the 1 Page 88 of 127 7-2 Consent Agenda updated Technical Memorandum No. 2, dated February 27, 2017 (attached). The parties acknowledge that the District has paid an initial capital contribution in the sum of Eight Hundred Thousand Dollars ($800,000.00). It is agreed that The District's remaining capital contribution shall be paid in twenty five (25) annual payments of One Hundred Two Thousand Two Hundred Seven Dollars ($102,207.00) payable on August 1, 2017, and continuing annually thereafter, for a total contribution of Three Million Three Hundred Fifty Five Thousand One Hundred Seventy Five Dollars ($3,355,175.00). All other terms of the Agreement shall remain the same. The parties have authorized this First Amendment to the Interlocal Cooperation Agreement to be executed and attested by their undersigned officers on the date(s) set forth below. MOAB TY, UTA ATTEST: Mayor Date: ��Z1-2-0/2 City Recorder SPANISH VALLEY WATER AND SEWER IMPROVEMENT DISTRICT / t;/(e hiCt»" Chairperson Clerk Date: s--- _,i23 - /7 Exhibits to this Document Exhibit 1- Technical Memorandum No. 2, February 27, 2017. -End of Document- 2 Page 89 of 127 7-2 Consent Agenda Bowen Collins & Associates, Inc. CONSULTING ENGINEERS t I=C C�CLCCL� C✓ TO: David Everitt Moab City COPIES: File t t Ct C I L,__. L' C� Cl EirE �zr February 2017 Update FROM: Keith Larson P.E. Jeff Beckman P.E. Bowen, Collins & Associates 154 East 14000 South Draper, Utah 84020 DATE: February 27, 2017 PROJECT: Sewer Rate Study SUBJECT: Cost Share of Future Sanitary Sewer System Costs INTRODUCTION Moab City (City) is in need of a new wastewater treatment plant. As part of the planning process for the plant improvements, the City has retained Bowen Collins & Associates (BC&A) to prepare a sewer rate study. The purpose of this study will be to help the City develop a sustainable rate plan to finance construction of the new plant and its subsequent operation. As part of this plan, it will be important to fairly distribute costs among the various users of the plant. The purpose of this memorandum is to examine the different types of future users that will benefit from the plant and calculate an appropriate cost share for each. This memorandum, originally completed on October 28, 2015, has been updated to reflect additional information obtained since that time. The additional information driving the update can be grouped into four categories: 1. Moab City 0&M Budget: An updated Moab City O&M budget has been made available to BC&A. The cost share model has updated to reflect that budget. 2. Impact Fees: In the original memorandum, impact fees were estimated based on information available at the time. Since October 2015, a new impact fee study has been completed and a new impact fee structure has been established. The cost share model has been updated to reflect those proposed impact fees. 3. Wastewater Treatment Plant Costs: Since October 2015, the wastewater treatment plant has been designed and bid. Thus, construction costs are now known and the loan interest rate is now known. The upfront cash contribution amounts of each entity dedicated to construction capital costs for the new wastewater treatment plant was not finalized in October 2015. The initial investment amounts have now been tentatively agreed upon. Page 90 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #2: COST SHARE OF SYSTEM COSTS 4. Updated Connection and Flow Data — The original memo was based on connection and flow data from 2014. To best reflect actual connections at the time of the potential treatment plant capacity agreement, all data was updated to reflect connections in August of 2016. PROPOSED COST SHARE APPROACH BC&A has analyzed the expected future costs associated with Moab City's wastewater system. This includes construction and future operation of the new wastewater treatment plant as well as the other operating and capital costs of the system. BC&A also met with and interviewed personnel from Moab City and Spanish Valley Water & Sewer Improvement District (SVW&SID) to gain insight into their priorities regarding how the system will be used and operated. Based on our discussions, we have identified the following objectives for division of future costs associated with operation of the wastewater system: 1. Moab City wants to maintain ownership of the new treatment plant. 2. The division of costs between entities should be as fair as possible based on the actual cost of service to each entity. 3. The final cost division should be as easy as possible to implement and administer. Based on these objectives, BC&A has assembled a proposed cost share approach for the Moab City wastewater system. The major components of the proposed approach are summarized in Table 1. The approach is discussed in detail in the following sections. Capital Costs There are two types of costs that must be divided between those who are using the system, capital costs and operation & maintenance costs. This section discusses capital costs. Capital costs can further be divided into treatment costs and collection system costs. Treatment. While not the only item of importance in this discussion, construction of a new treatment plant is the largest single issue that will affect future costs for Moab City. Construction of the plant will include two types of capacity: • Replacement of Existing Capacity — The existing Moab City plant currently provides treatment for up to 1.17 million gallons per day (mgd) of wastewater during the peak month of the year. There are also additional users that are currently constructing homes and businesses that will add additional flow to the plant increasing the total committed capacity to 1.19 mgd. Since the old plant will be abandoned, the new plant must have capacity to continue to serve these existing users. It is proposed that the portion of plant costs used to replace existing capacity be divided among existing users based on their actual use of committed capacity at the time the plant is constructed. In dividing these costs, several items should be considered: o Treatment Equivalency — When it comes to treatment capacity, it is not adequate to look at the portion of flow used by each entity only. The strength of wastewater must also be considered. This is especially true in Moab. The Moab plant has historically had a significant portion of its capacity used to receive septage from the several campgrounds and recreational areas in the vicinity of the City. This is expected to continue in the future. The strength of wastewater coming from BOWEN COLLINS & ASSOCIATES MOAB CITY 2 Page 91 of 127 7-2 Consent Agenda LZ 6 Jo Z6 abed npua6y a.uasuo2-z Table 1 Proposed Cost Share Matrix Cost Cate_• o Ca. ital Costs Operations and Maintenace Cost Area Treatment t;onstruction of . ;; pacity inr future Use] s (:,,llecrion Replacement of Existing Capacity i Construction of Capacity for future Users Treatment System O&M (:oiiecti,m System O&M Type of Costs Replacement of Existing Capacity How costa will be paid for? Ca4and/orand �``t t — L'sc Cha #ge Use Charges C!se Charges What is the basis of total costs? Portion of new treatment plant costs required to serve existing users Portion of new treatment plant costs available to serve future users Annual collection system rehabilitation and replacement budget (1% system replacement) Projected costs of construction Annual treatment O&M per Moab budget Annual collection O&M per Moab budget How are costs divided? Proportional use of plant capacity based on treatment ERUs. 'l'he number of treatment Mils are calculated based on the fomula established for each type of user in the ERU study (to be based on peak month flow and strength). Not divided between entities. Capacity is distributed based on a "first come, first serve" basis, As a result, the owner of the facility (Moab City) would carry all initial costs of this capacity, but would also receive all future revenue from related impact fees. Proportional use of Moab collection facilities based on flow ERUs. This will be calculated in two steps: 1. Use of each pipe calculated based on proportional flow ERUs conveyed in the pipe. 2. Contribution of each pipe to the overall system weighted by length times flow capacity of pipeline assuming State minimum slope (estimate of required O&M effort). Same as treatment capital costs for future capacity. Proportional use of plant capacity based on treatment ISRUs Same as collection capital costs for existing capacity. When are costs divided? Calculated only once based on existing use of capacity. N/A Recalculated with each rate study (approximately once every 3 to 5 years). N/A Recalculated annually. Same as collection capital costs for existing capacity. Notes 1. Applies to initial 20-year period to pay for the new plant only. After the plant has been paid for, a treatment rehab and replacement budget will need to be established and costs split similar to treatment O&M. None. 1. The number of flow ERUs arc calculated based on the fomula established for each type of user in the ERU study (to be based on peak month flow only). 2. ERU study to be updated periodically. 1. Collection impact fees will need to be calculated for at least two service areas. One for Moab only facilities and one for joint facilities. Only the joint facility fee will apply to users outside the City and be remitted to Moab. 1. IFAU study to be updated periodically. Same as collection capital costs for existing capacity. ** Each entity will he asked to contribute cash on hand for some minimum percentage of their share of existing treatment costs (i.e. all entities contribute at (cast xx" " of their portion of cost). This money can come from impact fetes (pending results of legal review) or other reserves. The purpose of this contribution will be to minimize the amount of borrowing required by Moab City to construct the plant. If desired, each entity will also be allowed to contribute additional cash on hand to reduce their total liability for this cost category. if additional cash on hand is contributed, the entity's portion of the remaining; bond costs will be reduced correspondingly. TECHNICAL MEMORANDUM #2: COST SHARE OF SYSTEM COSTS septage is 40 to 50 times greater than that of typical domestic wastewater and has a significant impact on the treatment process. To account for the full range of issues affecting treatment costs, BC&A would propose defining treatment demand for each entity (including septage) in terms of a treatment based equivalent resident unit (treatment ERU). This process is discussed in detail in a memorandum that has been included in the appendix of this report. Once the number of treatment ERUs has been defined for each entity, this can be used to calculate the proportionate use of existing capacity to be replaced. o Cash vs. Bonding - This cost category represents a large one-time expenditure for each entity. As a result, each entity will have some decisions to make regarding how to pay for their portion. To minimize the amount of bonding the City has to incur, each entity is planning to contribute cash on hand for a portion of their share of existing treatment costs. Moab City and SVW&SID have tentatively agreed to make upfront contributions in the amounts of $1,320,595 and $800,000, respectively. This money could come from impact fee balances (pending results of legal review) or other reserves. The remaining portion of each entity's cost liability will be put into a bond and paid for over time through annual user charges. If desired, each entity could be allowed to contribute additional cash on hand to reduce their total liability for this cost category. If additional cash on hand is contributed, the entity's portion of the remaining bond costs would be reduced correspondingly. o Rehabilitation and Replacement - It should be noted that this proposed cost share is for the initial construction costs of the treatment plant only. Since the plant will be brand new, this should represent the only required capital costs at the plant for the next several years. As the plant ages, however, a treatment plant rehabilitation and replacement budget will eventually need to be established. When this occurs, costs can be divided as discussed for treatment 0&M (to be discussed later). • Construction of Capacity for Future Users - The new treatment plant is expected to have a peak month, average day capacity of 1.75 mgd. This means that when the plant is completed, it is expected that there will be approximately 0.56 mgd of capacity available for future users. It is not anticipated that any entities will be reserving this future capacity in the treatment plant. Instead, future capacity will be distributed on a "first come, first serve" basis to be paid for through impact fees. Since Moab City will maintain ownership of the plant, it is expected that Moab City will be responsible to carry all debt associated with future capacity. However, this also means that Moab City will receive all future impact fees associated with treatment, regardless of where the fess are collected. It should be noted that this concept applies to both individual lot owners as well as other entities. For example, there are a large group of potential customers in San Juan County that currently have sewer service through septic systems. There has been some discussion of this group bringing their wastewater to Moab City. If this were to occur, Moab would require an agreement with San Juan County that would include the payment of impact fees sufficient to secure the capacity in the plant required to serve the new users. Collection. As with treatment, collection system capital costs will also include two types of capacity: BOWEN COLLINS & ASSOCIATES MOAB CITY 3 Page 93 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #2: COST SHARE OF SYSTEM COSTS • Replacement of Existing Capacity - Sewer system collection pipelines have a finite lifespan and eventually need to be replaced. Paying for these costs becomes the responsibility of all who use capacity in the pipelines. It is proposed that these costs be divided using the following principles: o Flow Equivalency - BC&A would propose defining flow demand for each entity in terms of a flow based equivalent resident unit (flow ERU). This process is discussed in detail in a memorandum that has been included in the appendix of this report. In short, the flow ERU would be based on peak month projected flow for various types of users. This is in contrast to the alternative approach of defining flow based on average annual volume. Peak month flow is deemed a fairer basis of cost sharing than annual volume because the collection system must be sized based on peak flows. o Use of Facilities - While Moab customers generally benefit from the entire collection system, the same is not true for other entities. SVW&SID only uses capacity in a relatively small number of Moab's trunk lines to convey its wastewater to the plant. To account for this difference in the use of Moab collection facilities, it is proposed that the portion of use be calculated in two steps: 1. The percent usage of each pipe can be calculated based on proportional flow ERUs conveyed in the pipe (e.g. if SVW&SID has 400 ERUs in a pipe that is conveying 1,000 total ERUs, it would be assigned 40% of that pipe's capacity). 2. Once the capacity used in each pipeline is calculated, the second step is to calculate the contribution of each pipe to the overall system. This can be done by looking at a weighted use of capacity for all pipes in the system. It is proposed that the pipelines contribution to the system be weighted by the length of each pipe times its flow capacity assuming State minimum slope. Flow capacity is considered representative of the overall required maintenance effort associated with each pipe. Using the State minimum slope allows the system to be analyzed given limitations relative to actual pipe slope data. o Annual Costs - There are two possible approaches for determining collection system replacement costs. One approach would be to look at each replacement project individually and then determine the exact cost to each entity depending on which pipelines are being replaced. In addition to being extremely complicated, this approach has the added disadvantage of resulting in uneven costs for entities outside of Moab City. In some years, these entities may have no costs as the City focuses its efforts on replacement of pipelines serving only Moab City customers. In other years costs, the outside entities could be hit with extremely high costs when a major trunk line needed to be replaced. This creates problems for outside entities on two fronts. First, it makes it very difficult to set consistent sewer rates. Second, if the entity does not have enough money to fund a large project, it will be difficult to bond for the project since it is owned and will be constructed by Moab City. What appears to be a better approach is to charge a fixed amount to each outside entity based on their expected average annual portion of collection system replacement costs. In this case, Moab would collect the amount for each entity on a consistent basis and then spend the money as needed. If bonding was required for BOWEN COLLINS & ASSOCIATES MOAB CITY 4 Page 94 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #2: COST SHARE OF SYSTEM COSTS particularly large projects, it could all be handled by Moab internally. The proposed budget amount would be initially set at 1% of the Moab system replacement value. Each entity would pay a portion of this based on its percent use of the overall system as discussed previously. The proposed budget equates to an average life span of 100 year for sewer system collection components. This is likely longer than can realistically be expected, but is a good rule of thumb for system renewal when asset management data is limited. o Periodic Recalculation - It is expected that the system value and each entity's use of the system will slowly change over time. As a result, it will be important to periodically re-examine each of these elements. It is proposed that these items be recalculated with each rate study (assumed to be once every 3 to 5 years) • Construction of Capacity for Future Users - Although not specifically identified at this time, it is expected that some additional pipeline projects will need to be constructed for the purpose of accommodating flow from future users. Similar to the treatment plant, it is not anticipated that any entities will be reserving future capacity in these pipelines. Instead, future capacity will be distributed on a "first come, first serve" basis to be paid for through impact fees. Since Moab City will maintain ownership of the pipeline, it is expected that Moab City will be responsible to carry all costs associated with future pipeline capacity. However, this also means that Moab City will receive all future impact fees associated with collection capacity inside the Moab City system, regardless of where the impact fees are collected. This does not mean that other entities cannot have their own collection impact fee. However, their fee will need to be separate from that collected for capacity inside the Moab collection system. Operation and Maintenance Costs The second major category of costs in the Moab City wastewater system is operation and maintenance (0&M) costs. As with capital costs, operation and maintenance costs can be divided into treatment costs and collection system costs. Treatment. It is proposed that operation and maintenance costs at the treatment plant be divided based on treatment equivalency as defined previously in the section regarding treatment capital costs. The only difference between capital costs and 0&M costs is that 0&M costs will be reexamined on an annual basis. Each year the total 0&M budget will be updated to reflect actual costs and the cost share will be updated to reflect the growth for each entity during the previous year. It should be emphasized that, under this approach, all entities would be charged a fixed amount each month based on the number and type of customers connected to the system. This is in contrast to a variable approach in which the amount charged each month is based on metered flow and strength. BC&A carefully considered both of these approaches. Ultimately charging a fixed amount each month was selected for the recommended approach because of several advantages: • Equitable Distribution of Costs - The basis of the fixed charge will be the treatment ERUs per entity as discussed above. These ERUs represent the expected demand of customers during peak demand periods. The great majority of sewer system costs are most closely tied to peak capacities. Peak demands determine the sizing of all capital equipment which, in turn, determines most maintenance costs. Peak demands also establish staffing costs, the BOWEN COLLINS & ASSOCIATES MOAB CITY 5 Page 95 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #2: COST SHARE OF SYSTEM COSTS largest single expenditure associated with 0&M. In contrast, 0&M costs associated with the volume of wastewater produced are comparatively small (power consumption and some chemical costs). Given the two alternatives, charging based on peak demand is much more reflective of the true cost of service for each entity. • Revenue Stability - Fixed charges mean that revenue from outside entities will be consistent from month to month. This will help Moab City to plan and manage its annual budget. It also simplifies budgeting for outside entities since they can plan on a consistent expense for treatment from month to month. • Simplicity - Fixed charges are extremely easy to calculate and administer. All that is necessary is to keep track of the number and type of new connections each year so that ERU values for each entity can be updated annually. In contrast, charging variable rates requires accurate flow metering that all parties agree on. Depending on how the rates are structured, it may also require frequent sampling of wastewater from each entity to assign strength values. These additional complications can add significantly to the bottom line cost of operating the system. Collection. It is proposed that operation and maintenance costs for the collection system be divided in the same manner as defined previously in the section regarding collection replacement capital costs for existing capacity. CALCULATED COST SHARE BASED ON PROPOSED APPROACH Based on the approach described above, BC&.A has assembled a cost share model for the Moab City wastewater system. The full, detailed model is contained in the appendix of this report. The following sections highlight the major results of the model. It should be noted that the model includes a year by year projection of shared system costs. This is a projection based on the best available information regarding development patterns. The actual cost share between entities will depend on actual system growth and may vary slightly from the results shown here. Equivalent Residential Units There are currently three types of users of the Moab City system: • Moab City customers • Customers from Spanish Valley Water & Sewer Improvement District (SVW&SID) • Septage Haulers Based on historic water use records, existing ERUs connected to the Moab sewer system (or ERUs for which capacity has been committed, i.e. projects that have already paid an impact fee but are not yet connected) are as summarized in Table 2. BOWEN COLLINS & ASSOCIATES MOAB CITY 6 Page 96 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #2: COST SHARE OF SYSTEM COSTS Table 2 Existing ERUs Flow Treatment Customer Category Moab SVW&SID Septage Moab SVW&SID Septage Residential - Single Family 1,768 1,963 1,768 1,963 Residential - Multifamily 230 75 230 75 Overnight Accommodations 1,980 113 1,980 113 Commercial/Retail 603 94 603 94 Office 113 39 113 39 Restaurant 396 19 893 43 Schools 29 22 29 22 Gas Station/Convenience Store 88 93 88 93 RV/Campground 142 213 285 426 Other 118 76 38 118 76 1,372 Total 5,467 2,707 38 6,107 2,944 1,372 Percent of Total 66.6% 33.0% 0.5% 58.6% 28.2% 13.2% As can be seen in the table, Moab is responsible for approximately 2/3rds of the flow to the treatment with the other 1/3rd coming from SVW&SID. Septage is an insignificant contributor to overall flow. However, when strength is considered, septage is using 13.2 percent of the total treatment capacity. In addition to these existing customers, the model includes the following expected future users of the Moab City system: • USU - USU is currently exploring plans for further development of facilities for its Extension in Moab. Over the planning period (next 20 years), this is expected to add an average day flow of 144,500 gallons per day (166,175 gpd average day, peak month) to the total flow into Moab City. It is expected that USU will be a retail customer of SVW&SID and will add to their total flow. • San Juan County - Development in San Juan County is all currently on septic systems. At some point in the future, it is expected that additional capacity will be desired and that all development (both existing and future) will be brought to Moab's system. For the purpose of this analysis, it has been assumed that San Juan will have approximately 265 flow ERUs connecting to the system in 2020. If San Juan connects, it is expected that the County will be a new wholesale customer (i.e. not a retail customer of either Moab or SVW&SID). Based on the new customers described above and projected growth rates for existing customers, projected ERUs to be connected to the Moab sewer system are as summarized in Table 3. BOWEN COLLINS He ASSOCIATES MOAB CITY 7 Page 97 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #2: COST SHARE OF SYSTEM COSTS Table 3 Projected ERUs - 2035 Flow Treatment Year Moab SVW&SID* Septage San Juan Moab SVW&SID* Septage San Juan 2017 5,467 2,707 38 0 6,107 2,944 1,372 0 2022 5,774 3,259 47 277 6,450 3,590 1,687 301 2027 6,099 3,907 55 308 6,813 4,354 2,002 334 2032 6,442 4,588 64 342 7,196 5,152 2,316 372 2035 6,657 5,014 69 365 7,436 5,649 2,505 397 *Includes projected flows from USU Extension. Use of Moab Wastewater Collection System As discussed previously, customers outside of Moab City will only use a portion of the wastewater collection system. Following the procedure discussed above, SVW&SID's current weighted use of the Moab Collection System is summarized in Table 4. Table 4 SVW&SID's Current Weighted Use of Moab's Collection System Size (in) Total Length (ft) Weighted Capacity* (ft-cfs) SVW&SID Proportional Use of Capacity SVW&SID Weighted Capacity* Moab Weighted Capacity* 6 37,658 14,981 0.0% - 14,981 8 99,656 76,368 1.3% 1,006 75,362 9 729 695 0.0% - 695 10 11,071 12,869 7.1% 910 11,959 12 7,857 13,165 76.6% 10,090 3,075 15 3,601 9,032 14.1% 1,277 7,756 18 10,106 36,874 22.1% 8,139 28,735 21 1,125 5,653 0.0% - 5,653 24 745 4,782 49.3% 2,359 2,423 30 1,050 10,401 35.0% 3,636 6,765 3 (Force Main) 2,536 871 0.0% - 871 4 (Force Main) 827 505 0.0% - 505 Total 176,960 186,197 27,417 158,780 SVW&SID Current Use of Collection System 14.7% SVW&SID Current Portion of Total Flow 31.4% SVW&SID Proportional Use of Collection System Capacity 46.9% *Weighted capacity based on total length times the capacity of each pipeline at the State minimum slope. Capacity for force mains based on velocity of 7 ft/sec. As is summarized in the table, SVW&SID only uses 14.7 percent of the collection system capacity, even though it accounts for 31.4 percent of the total flow. This means that SVW&SID's use of the collection system is only 46.9 percent of its proportional contribution of flow. BOWEN COLLINS He ASSOCIATES MOAB CITY 8 Page 98 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #2: COST SHARE OF SYSTEM COSTS Cost Share Model Results Results from the cost share model are summarized in Tables 5 through 7. Tables 5 and 6 provide a summary of the percent of cost associated with each entity over time for collection and treatment costs, respectively. Table 7 provides the projected cost share for the new treatment plant assuming completion of the plant in 2018. Table 5 Projected Cost Share - Collection System Costs* Year Moab SVW&SID** Septage San Juan 2017 84.5% 15.5% 0% 0% 2022 82.3% 16.3% 0% 1.4% 2027 80.9% 17.7% 0% 1.4% 2032 79.7% 18.8% 0% 1.4% 2035 79.2% 19.4% 0% 1.4% *Protected future costs are estimates based nn current grnwth nrniertinnc Actual cost share will be recalculated as described in this memorandum based on actual system growth and development. **Includes projected flows from USU Extension. Table 6 Projected Cost Share - Treatment Costs* Year Moab SVW&SID** Septage San Juan 2017 58.6% 28.2% 13.2% 0% 2022 53.6% 29.8% 14.0% 2.5% 2027 50.4% 32.2% 14.8% 2.5% 2032 47.9% 34.3% 15.4% 2.5% 2035 46.5% 35.3% 15.7% 2.5% *Projected future costs are estimates based on current growth nrniertinnc Actual cost share will be recalculated as described in this memorandum based on actual system growth and development. **Includes projected flows from USU Extension. Table 7 Projected Cost Share - Treatment Plant Construction Costs Entity Total Cost Portion of Total Moab $6,243,364 38.25% SVW&SID $3,009,737 18.44% Septage $2,557,307 15.69% San Juan $0 0% Future Growth $4,510,188 27.63% Total $16,320,595 100% As can be seen in the tables, the current model shows costs slowly shifting away from Moab City and onto other users. This is the result of higher projected growth rates for development outside of the City. However, as noted above, the values contained in these tables are only projections based on estimated of future development patterns. The actual cost share between entities in future years will depend on actual system growth and may vary slightly from the results show here. In future BOWEN COLLINS &ASSOCIATES MOAB CITY 9 Page 99 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #f'2: COST SHARE OF SYSTEM COSTS years, it is expected that the projections in the rate model will be replaced with actual values for each entity to more accurately calculate the appropriate cost share and corresponding rates. Approximate Wastewater Rates The primary focus of this memorandum has been the development of cost share calculations to divide costs between the several entities. It does include the information to perform a comprehensive rate study and calculate detail rates for each entity. However, based on information provided by each entity regarding historic rates and annual revenues, it is possible to estimate approximate monthly rates for each of the entities as shown in Tables 8. The monthly rates estimated in Table 8 take into account the initial capital investment that each entity has agreed to pay towards construction of the wastewater treatment plant and assumes securing a loan for the remaining capital costs. Table 8 Approximate Residential Future Wastewater Rates - Moab Portion of Bill Only Year Moab ($/month) SVW&SID ($/month) Septage ($/gallon) Historic $16.90 $7.70 $0.09 2020 $35.16 $14.10 $0.20 2025 $36.81 $14.43 $0.19 2030 $39.20 $15.09 $0.18 2035 $41.99 $16.00 $0.18 It should be emphasized that these costs are for the Moab City portion of each bill only. For Moab residents, this represents their full sewer bill. For other entities, however, there will be additional costs for the operation and maintenance of their individual collection systems. In both of the tables, it is noted that the amount of increase from year to year is not consistent between entities. There are even decreases in some cases. This is a result of the differing growth rates between entities and their ratio of treatment plant costs to other costs. For example, in the case of septage customers, all of their costs are associated with treatment and they have a higher than average projected growth rate. As a result, the projected growth allows the initial construction costs of the plant to be distributed over an increasing number of users over time. This results in a small decrease in the cost per customer over time. Conversely, treatment costs in Moab are a much smaller portion of total costs and it has the lowest expected growth rate. This means that inflation associated with collection system and other costs overshadows any reduction in treatment plant payments and the overall rate increases gradually over time. CONCLUSIONS AND RECOMMENDATIONS This memorandum provides a proposed approach to sharing costs in the Moab wastewater system, including construction of a new treatment plant. It is recommended that Moab City review the proposed approach with all potential stakeholders in the treatment project to collect input and finalize the approach. This will become the basis for a final agreement between the various entities. Specific items that should be reviewed and agreed upon should include: 1. Moab continued ownership of treatment plant 2. First come, first serve policy for future capacity 3. ERU calculation policy - Both flow and treatment based BOWEN COLLINS He ASSOCIATES MOAB CITY 10 Page 100 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #2: CAST SHARE OF SYSTEM COSTS 4. Use of fixed monthly charges to each entity based on flow and treatment ERUs instead of variable monthly charges based on volume and strength measurements 5. Final agreement on cash contributions toward initial treatment plant construction costs to be contributed by each entity 6. How septage will fund its required portion of treatment plant construction costs (initial payment vs. incorporated into future rates) Once the cost share principles discussed in this memorandum are finalized and adopted, BC&A will be able to calculate specific rates for Moab City customers in greater detail. BOWEN COLLINS & ASSOCIATES MOAB CITY 11 Page 101 of 127 7-2 Consent Agenda Appendix A ERU Calculation Memorandum Page 102 of 127 7-2 Consent Agenda Bowen Collins t& Associates, Inc. CONSULTING ENGINEERS LTL C TO: Rebecca Davidson Moab City COPIES: File FROM: Keith Larson P.E. Jeff Beckman P.E. Bowen, Collins & Associates 154 East 14000 South Draper, Utah 84020 DATE: September 21, 2016 PROJECT: Sewer Rate Study SUBJECT: Residential Equivalent Study INTRODUCTION Bowen Collins & Associates (BC&A) has been retained by Moab City (City) to do a study on equivalent residential units (ERUs) for the City. An ERU is the typical water use amount for a single family residence measured in gallons per day or gallons per month. This represents the average flow and strength of wastewater for a residential connection to the City. The purpose of this study is to create a basis for the City to relate flow from larger non-residential customers to the flow of an average residential connection or ERU. By defining the flow of all the different customer types in terms of ERUs, the City will be able equally allocate the costs of service in the sewer system to the various system users. This memorandum examines the basis of an ERU in the City and proposes a method of ERU calculation for different customer types. ERU DEFINITION The definition of an ERU should be defined based on the average characteristics of a single family residential connection. Based on water use records for 2016, the average residential connection had indoor water use of approximately 4,400 gallons during the peak month of the year. Historically, the City has used an expected domestic wastewater concentration of 300 mg/L when calculating Biological Oxygen Demand (BOD) loading and 280 mg/L when calculating Total Suspended Solids (TSS) loading. Based on this information, the following definitions and equations are proposed to calculate the number of ERUs for different customer types. To accurately reflect the impact of customers on both collection and treatment facilities, ERUs will be defined in terms of both flow and strength. Fractional ERU values are rounded up to the next whole number. Page 103 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #1 : RESIDENTIAL EQUIVALENT STUDY ERU Definition Based on Flow (1) 1 ERUflow = 4,400 gal/month ERU Definition Based on BOD (2) 1 ERUBOD = 300 mg/L x (8.345 x 10-61bs L/mg gal ) x 4,400 gal/month 1 ERUBOD = 11.0 lbs/month ERU Definition Based on TSS (3) 1 ERUTss = 280 mg/L x (8.345 x 10-61bs L/mg gal ) x 4,400 gal/month 1 ERUTss=10.31bs/month Equation to Calculate ERU Value Based on Flow (4) # of ERUFlow = Customer Flow gal/month 4,400 gal/month per RE Equation to Calculate ERU Value Based on BOD # of ERUBOD = BODconc mg/L x (8.345 x 10-6) x Cust. Flow gal/month 11.0 lbs/month per ERU Equation to Calculate ERU Value Based on TSS (6) # of ERUTss = TSScc , mg/L x (8.345 x 10-6) x Customer Flow gal/month 10.31bs/month per ERU Equation to Calculate Number of Treatment ERUs Based on Cost Weighted Average of Flow, BOD, & TSS (5) (7) # of Treatment ERUwtave = (ERUFlowx 33.3%) + (ERUBDD x 33.3%) + (ERUTss x 33.3%) The cost weighted average approach described above takes the estimated percentage spent by the City on treatment based on total flow, BOD, and TSS and calculates a weighted ERU value. For this study, costs have been divided evenly between the three categoriesl. 1 To develop a more refined estimate of actual costs would require a full cost -of -service analysis of the detailed design of the new treatment plant and its subsequent operation costs. Since this data will not be available for several years, the costs have been approximated as shown. These are believed to be relatively accurate estimates based on costs as observed at other established plants. A cost analysis of the Central Valley Water Reclamation Facility in Salt Lake City, Utah calculated costs at 30% flow, 31% BOD, and 39% TSS. A similar analysis of the Timpanogos Wastewater Treatment Plant in Pleasant Grove, Utah calculated costs at 56% flow, 24% BOD, and 20% TSS. While costs will vary from plant to plant depending on the treatment process used and the quality of wastewater being received, the estimate contained here seems reasonable in the absence of additional data. BOWEN COLLINS & ASSOCIATES MOAB CITY 2 Page 104 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #1 : RESIDENTIAL EQUIVALENT STUDY CUSTOMER ERU CATEGORIES Based on the City's current customer billing types, BC&A would propose ten different customer categories for defining ERUs as identified in Table 1. Table 1 Proposed ERU Customer Categories Customer Category Notes Residential - Single Family Includes typical single family residential along with trailers, town homes, duplexes, and large multifamily (see below). Residential - Multifamily Includes all apartments and condos up to a maximum size of 1,500 square feet per unit. All larger multifamily to be grouped with single family residential. Overnight Accommodations Any overnight accommodations with sewer service including hotels, motels, and bed & breakfasts. Commercial/Retail Office Restaurant Any business whose primary function is to prepare and serve food (including fast food). Schools Gas Station/Convenience Store RV/Campground Other Any development that is not adequately represented by one of the categories above. Could include medical, churches, car washes, laundromats, etc. ERU CATEGORY CALCULATIONS For the proposed customer categories listed above, BC&A has developed a recommended definition for both Flow ERUs and Treatment ERUs as summarized in Table 2. Definitions for Flow ERUs in this table are based on historic flow data as available from 2016 water use records for Moab City customers. Flow equivalency has been based on estimated peak month indoor water use as approximated from April 2016 water use. Because water quality data is not readily available for the various Moab City customer categories, Treatment ERUs have been based on data collected as part of a detailed water quality study completed by BC&A for Mt. Olympus Improvement District completed in 2012. Historical data used to assemble the results are contained in Appendix A. BOWEN COLLINS & ASSOCIATES MOAB CITY 3 Page 105 of 127 7-2 Consent Agenda TECHNICAL MEMORANDUM #1 : RESIDENTIAL EQUIVALENT STUDY Table 2 Proposed ERU Definitions by Customer Category Customer Type Flow Only Definition 1ERU= Treatment Definition 1ERU = Residential - Single Family 1 residence 1 residence Residential - Multifamily 1.8 units 1.8 units Overnight Accommodations 1.2 units 1.2 units Commercial/Retail 6,500 ft2 6,500 ft2 Office 4,000 ft2 4,000 ft2 Restaurant 10.6 Seats 4.7 Seats Schools 15 Students 15 Students Gas Station/Convenience Store 3,600 ft2 3,600 ft2 RV/Campground By Study By Study Other By Study By Study It is recommended that the definitions proposed in Table 2 be used to calculate the number of Flow and Treatment ERUs in the Moab, Spanish Valley Water & Sewer Improvement District, and other systems. This can be accomplished as outlined in Equation (8). Equation to Calculate Number of ERUs Based on ERU Definition (8) Number of ERUs = Customer Facility Size (ft2. # seats, etc.) ERU Definition BOWEN COLLINS & ASSOCIATES MOAB CITY 4 Page 106 of 127 7-2 Consent Agenda Moab Historical Water Use by Customer Category (2016) Residential - Single Family Connections Units Quantity (Peak Month) - kgals Peak Month Indoor Water consumption kgals Peak Month Indoor Water consumption gpd ERUs 1 Residential 1365 1368 6019.2 4.40 144.7 1368.0 2 Residential 11 18 79.2 4.40 144.7 18.0 Trailer Courts 12 349 1490.5 4.27 140.4 338.8 Trailer Court/House 1 3 30.0 10.00 328.8 6.8 Trailer Court/2 Apts/House 2 22 108.0 4.91 161.4 24.5 County Residential 12 12 52.8 4.40 144.7 12.0 Total 1403 1772 7779.741787 4.39 144.3 1768.1 Residential - Multifamily House/Apartments 8 16 39.1 2.4 80.4 8.9 Apartments 77 398 972.9 2.4 80.4 221.1 Total 85 414 1012 2.4 80.4 230.0 Overnight Accommodations Hotel/Motel/B&B 64 2393.1 8774.9 3.7 120.5 1994.3 Bed & Breakfast 52.94 2 2 2.0 1.0 32.9 0.5 Restaurant Correction -5 -5 -64.9 -13.0 -426.7 -14.8 Total 61 2390.142857 8711.957143 3.6 119.8 1980.0 Commercial/Retail Business/House 6 11 104.0 9.5 310.8 23.6 Business 138 138 3277.2 23.7 780.8 744.8 Business - 4 month water usage County Business 6 1 7 1 22.3 6.0 3.2 6.0 104.6 197.3 5.1 1.4 2 Commercial 1 2 2.0 1.0 32.9 0.5 Restaurant Correction -9 -9 -132.2 -14.7 -482.9 -30.0 RV/Campground Correction -3 -3 -626.1 -208.7 -6861.4 -142.3 Total 140 147 2653.209368 -180.0 -5918.0 603.0 Office Office Space Rental 24 24 556.0 23.2 761.6 126.4 Restaurant Correction -4 -4 -57.8 -14.5 -475.1 -13.1 Total 20 20 498.2 24.9 819.0 113.2 Restaurant Restaurant/Bar 23 23 1461.0 63.5 2088.4 332.0 Restaurant/Bar Billed Under Other Categories 20 20 281.3 14.1 462.4 63.9 Total 43 43 1742.3 40.5 1332.1 396.0 Schools School 7 7 97.0 13.9 455.6 22.0 School - 4 month winter usage 6 6 31.0 5.2 169.9 7.0 Total 13 13 128 9.8 323.7 29.1 Gas Station/Convenience Store Gas Station/Convenience Store 6 6 411.4 68.6 2254.4 93.5 Restaurant Correction -2 -2 -26.4 -13.2 -434.0 -6.0 Total 4 4 385.0 96.3 3164.6 87.5 RV/Campground rRV/Campground Billed Other Categories Total 3 3 3 3 626.1 626.1 208.7 208.7 6861.4 6861.4 142.3 142.3 Other Church 1 1 1.0 1.0 32.9 0.2 Church - 4 months Winter Usage 8 8 57.0 7.1 234.2 13.0 Govt - 4 month winter usage 3 3 10.0 3.3 109.6 2.3 Medical Office 4 4 21.0 5.3 172.6 4.8 Hospital 3 3 431.0 143.7 4723.3 98.0 Total 19 19 520 27.4 899.8 118.2 Totals Residential - Single Family Other Total 1403 1772 7779.741787 4.4 144.3 1768.1 388 3053.142857 16276.79508 5.3 175.3 3699.3 1791 4825.142857 24056.53687 5.0 163.9 5467.4 Page 107 of 127 7-2 Consent Agenda SVW&SID Historical Water Use by Customer Category (2016, including commited but not yet connected) Residential - Single Family Connections Units Quantity (Peak Month) - kgals Peak Month Indoor Water consumption kgals Peak Month Indoor Water consumption gpd ERUs Residential 1851 1851 8144.4 4.4 144.7 1851.0 Trailer Court 8 112.0 493 4.4 144.7 112.0 Total 1859 1963.0 8637.4 4.4 144.7 1963.0 Residential - Multifamily All 16 135 330 2.4 80.4 75.0 Total 16 135 330 2.4 80.4 75.0 Overnight Accommodations All 6 135.5 497 3.7 120.5 113.0 Total 6 135.5 497 3.7 120.5 113.0 Commercial/Retail All 60 60 414.25 6.9 227.0 94.1 Total 60 60 414.25 6.9 227.0 94.1 Office All 17 17 170.4 10.0 329.5 38.7 Total 17 17 170.4 10.0 329.5 38.7 Restaurant All 3 3 83 27.7 909.6 18.9 Total 3 3 83 27.7 909.6 18.9 Schools All 2 2 95 47.5 1561.6 21.6 Total 2 2 95 47.5 1561.6 21.6 Gas Station/Convenience Store All 3 3 410 136.7 4493.2 93.2 Total 3 3 410 136.7 4493.2 93.2 RV/Campground All 7 430 938 2.2 71.7 213.2 Total 7 430 938 2.2 71.7 213.2 Other All 25 25 334.6 13.4 440.0 76.0 Total 25 25 334.6 13.4 440.0 76.0 Totals Residential - Single Family Other Total Connections 1859 1963.045455 8637.4 4.4 144.7 1963.0 139 810.5454545 3272.25 4.0 132.7 743.7 1998 2773.590909 11909.65 4.3 141.2 2706.7 Page 108 of 127 7-2 Consent Agenda Appendix B Cost Share Model Page 109 of 127 7-2 Consent Agenda Moab City Wastewater System - Cost Share Mode ,,,888" o ^a om .. 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Page 112 of 127 7-2 Consent Agenda CITY OF MOAB ORDINANCE NO. 2017-34 AN ORDINANCE AMENDING THE MUNICIPAL CODE TO PERMIT SERVING OF ALCOHOL AT PUBLIC EVENTS HELD ON CERTAIN CITY PROPERTIES The following describes the intent and purpose of this ordinance: a. The Moab Municipal Code regulates the serving, sale, and consumption of alcohol in public places pursuant to § 5.20.010 et seq. and §12.20.040; b. The Moab Municipal Code permits the licensing of special events pursuant to §5.09.010 et seq.; c. The City has determined that it is appropriate to clarify its ordinances to permit the serving, sale, and consumption of alcohol at events held at certain City venues, subject to a number of requirements; and d. The City periodically updates its ordinances for consistency and clarity. Therefore, MMC § 5.20.660 is hereby amended as follows: 5.20.660 Consumption of Alcohol in Public Places. A. No person shall consume, serve, or distribute alcoholic beverages in a public street, sidewalk, alley, building, park, or facility, except in conformity with the provisions of this section. Violation of this section is a strict liability offense punishable as a Class C misdemeanor. B. No event sponsor or other person shall charge an admission fee or otherwise charge a price for alcoholic beverages served and consumed in any public place, except in conformity with the provisions of this section. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. C. Common Requirements For Public Events Where Alcohol Is Served. Persons who propose to hold public events where alcohol will be served at venues owned by the City of Moab must satisfy the following general requirements, in addition to those requirements specific to particular venues. The event sponsor shall comply with applicable laws governing the consumption and distribution of alcohol, and the sponsor must: 1 Page 113 of 127 8-1 Old Business 1. Obtain the applicable state of Utah single event alcohol permit or temporary special event beer permit and comply with all permit terms; 2. Obtain and comply with a City of Moab alcohol license, if applicable; 3. Obtain and comply with the applicable special event license pursuant to Chapter 5.09, which will be combined with the requirements under this section; 4. Show proof of liability insurance for event host liquor liability and naming the City of Moab as an additional insured; and 5. Pay the applicable rental fee, as established from time to time by Council resolution, and execute a public facility use agreement indemnifying and holding the City harmless from all liability associated with the serving and consumption of alcohol at the event. D. City Events. The City may hold public events where alcohol is served, as otherwise provided under this section. Where the City holds a public event it shall contract with a separate alcohol vendor, who shall procure the alcohol event licenses under subsection C(1) and (2), and the liability insurance as required by subsection C(4), above. The alcohol vendor shall be the event sponsor for purposes of all alcohol -related compliance under this section. If the City holds the event it has discretion to waive or modify the other requirements of subsection C. E. Public Events at Certain Parks. The serving, consumption, and sale of alcoholic beverages at public events held at Swanny City Park, the Center Street Ballfields, or Old City Park may be permitted by the City Council. Serving of alcohol shall be limited to the hours of ten a.m. until seven p.m. during the event. Areas designated for the serving of alcoholic beverages must be located at least one hundred feet away from designated playgrounds, the skate -park, the Moab Recreation and Aquatic Center, and similar facilities. F. Events on Public Streets. The serving, consumption, and sale of alcoholic beverages at public events held on a public street may be permitted by the City Council, provided that the event sponsor obtains a special event license (Level II) 2 Page 114 of 127 8-1 Old Business pursuant to Chapter 5.09. Serving of alcohol shall be limited to the hours of ten a.m. until nine p.m. during the event. G. Events at the MARC. The serving, consumption, and sale of alcoholic beverages at public events held at the Moab Arts and Recreation Center (MARC) may be approved by the City Council. 1. City staff is authorized to approve privately hosted social gatherings at the MARC where alcohol may be served. Sponsors of private events at the MARC must: a. Pay the applicable rental fee, as established from time to time by Council resolution, and execute a public facility use agreement indemnifying and holding the City harmless from all liability associated with the serving and consumption of alcohol at the event; and b. Comply with applicable laws governing the consumption and distribution of alcohol; 2. All events at the MARC shall be concluded by eleven p.m. Serving of alcohol at public or private events shall be concluded no later than 10:30 p.m. H. Public Events at County Facilities. The serving, consumption, and sale of alcoholic beverages to the public at facilities owned by Grand County within the City may be permitted by the City provided each of the following conditions are met: 1. The event sponsor obtains approval from Grand County; 2. The event sponsor obtains the applicable state of Utah single event permit or temporary special event beer permit and abides by all terms and conditions of the state of Utah permit; 3. The event sponsor obtains the applicable City of Moab alcohol licenses; and 4. The event sponsor obtains the applicable special event license pursuant to Chapter 5.09. 3 Page 115 of 127 8-1 Old Business I. A "privately hosted social gathering" shall be defined as any social, recreational, or business event for which all or a portion of the MARC has been leased or licensed, in advance, and the event or function is limited in attendance to people who have been specifically designated, by invitation or otherwise, and their guests. Privately hosted social gatherings shall not in any case be defined to include any event to which the public is invited, whether by advertisement or otherwise, or events where an admission fee is charged. J. A "public" event shall be defined to mean any gathering which is open to all persons, which is advertised as open to the general public, or which is open to all persons who purchase admission. K. No City employee, agent, or volunteer shall consume alcoholic beverages or participate in the serving or distribution of alcoholic beverages at any gathering authorized pursuant to this section while on duty or acting in an official capacity on behalf of City. Nothing in this subsection shall prohibit a City employee, agent, or volunteer from consuming or distributing alcoholic beverages at an event where such person is a guest or event participant. 1. City employees, agents, or volunteers are not deemed to be participating in the serving or distribution of alcoholic beverages where they perform other functions at an event held pursuant to subsection D, City Events. L. To be eligible for any license or permit pursuant to this Chapter, an "event sponsor" shall be a natural person twenty-one years of age or older, except in the case of events held under subsection D. M. No person shall allow or permit the serving of alcoholic beverages to any person under twenty-one years of age. All persons involved in the serving or distribution of alcoholic beverages do so under the supervision and direction of the event sponsor, who shall be personally responsible for compliance with all applicable public facility use agreement, City code, and State law provisions. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. N. The applicable decision maker for any event authorized under this section shall be authorized to attach such other and additional terms and conditions upon the use and occupancy of public facilities as may be deemed necessary and 4 Page 116 of 127 8-1 Old Business appropriate, depending upon the nature of the event planned. These additional terms may include, but shall not be limited to: 1. Special limitations as to hours of operation; 2. Limits on the occupancy or total numbers of guests; 3. Security requirements; 4. Parking limitations; 5. Limits on the areas to be occupied by the event; and 6. Any conditions reasonably related to the safety of event participants, and the safety and peace of the general public. O. Any City enforcement officer may enter the premises of any event permitted under this section at any time to determine compliance with all applicable laws and conditions. Any law enforcement officer who reasonably believes that an event is out of compliance with applicable laws and conditions shall have the authority to curtail or terminate the event. (Ord. 12-12 (part), 2012: Ord. 99-03 (part), 1999: Ord. 85-09 (part), 1985: prior code § 3-4-11) In addition, MMC § 12.20.040 is amended as follows: It is unlawful for any person to consume or possess beer or alcoholic beverages within any public park of the City of Moab, except as authorized pursuant to MMC § 5.20.660. Approved and adopted by the Moab City Council this day of September 2017. By: David L. Sakrison, Mayor Attest: 5 Page 117 of 127 8-1 Old Business By: Rachel Stenta, Recorder 6 Page 118 of 127 8-1 Old Business C,ZTY OF Airi, lr ,11 MOAB Moab City Council Agenda Item Meeting Date: September 12, 2017 #: 9-1. PI-17-126 Title: Consideration to Adopt Ordinance #2017-32 Amending the Moab Municipal Code with the Addition to the C-5 Zone of a New Use to be Called Small Neighborhood Retail, as Referred to Council by the Planning Commission Date Submitted: September 4, 2017 Staff Presenter: Jeff Reinhart, City Planner Attachment(s): Ordinance #2017-32 Options: Approve, deny, or modify. Recommended Motion: I move to adopt Ordinance #2017-32 and approve the addition of Small Neighborhood Retail in the C-5 Zone to MMC Section 17.30.020. Background/Summary: The City has received inquiries for limited retail in the C-5, Neighborhood Commercial Zone. The attached Ordinance #2017-32 will allow a variety of goods to be sold in a structure that does not exceed one -thousand five hundred (1,500) square feet of floor area. City Council members were approached by staff to evaluate legislative support for the change and all expressed interest in this concept. The amendment also includes the addition of a definition of "Small neighborhood retail" to be added to MMC 17.06.020, Definitions, to read, "Small neighborhood retail means a privately owned, small volume business that does not exceed one -thousand five hundred square feet in size and sells a variety of a small number of goods and merchandise that appeal to local residents living in the area near the shop." The Planning Commission reviewed Ordinance #2017-32 at their regular meeting held on August 24, 2017, and voted 4-0 to refer the ordinance to City Council with a recommendation to approve. Page 119 of 127 9-1 New Business ORDINANCE #2017-32 AN ORDINANCE AMENDING MOAB MUNICIPAL CODE CHAPTER 17.30.020, USE REQUIREMENTS, TO INCLUDE A USE OF SMALL NEIGHBORHOOD RETAIL BUSINESS WITH STANDARDS IN THE C-5, NEIGHBORHOOD COMMERCIAL ZONE AND ADD A DEFINITION OF THE USE TO MMC SECTION 17.06.020, DEFINITIONS The following findings describe the intent and purpose of this ordinance: a. The City has enacted Sections 17.35, Neighborhood Commercial Zone, of the Moab Municipal Code to serve as a transition/buffer zone between residential and commercial uses. b. From time to time the City undertakes to revise its zoning ordinances to improve quality of land development. c. The City has reviewed the uses specified in MMC Section 17.30.020, and determined that small neighborhood retail can be an allowed use in the C-5 Zone if appropriate standards are applied. d. The standards assure that the use will primarily serve people who live in the surrounding neighborhood and they can obtain daily goods conveniently and meet the purpose of the zone to provide locations for "stores, shops and establishments situated in landscaped surroundings that are maintained in harmony with amenities of adjacent residential development." e. The City finds that this ordinance will serve the public health, safety, and welfare, and that adoption is in the best interests of the Moab community. f. This ordinance was reviewed in a public hearing by the Planning Commission on August 24, 2017, and with the adoption of Planning Resolution -2017, the Planning Commission voted _-_ to recommend approval by the City Council. Therefore, the City of Moab hereby adds a use of "small neighborhood retail" as letter "S" to MMC Section 17.30.020, Use requirements, as noted below; 17.30.020 Use requirements. S. Small neighborhood retail uses less than one thousand five hundred (1,500) square feet. AND, 17.06.020, Definitions, shall be amended with the following definition of "small neighborhood retail": "Small neighborhood retail means a privately owned, small volume business that does not exceed one - thousand five hundred square feet in size and sells a variety of a small number of goods and merchandise that appeal to local residents living in the area near the shop." In effect on the day of passage; 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 120 of 127 9-1 New Business f AGENDA SUMMARY MOAB CITY COUNCIL MEETING -September 12, 2017 Agenda item #: 9-2 Title: Approval of a Resolution to restrict the parking semi -trucks on city streets and Highway 191 within City limits. Staff Presenter: Amy Weiser, Special Projects Manager Department: Administration Summary: The City Council directed staff to pursue the posting of signs along Hwy 191 restricting the parking of semi -trucks that are running, idling or running generators. The City has received noise disturbance complaints from residents related to semi -trucks that park while running. These drivers are typically taking a rest from driving, which the City understands, but the trucks are running or running on a generator while they are resting which creates noise that is disturbing in residential neighborhoods. UDOT has agreed to assist the City with the placement of signs restricting parking along Highway 191 right of way, but requires a resolution by the City in order to create the order and install the signs. Staff Recommendation: Approve the resolution restricting the parking of running, idling semi -trucks within City limits. Recommended Motion: "I move to approve the resolution restricting the parking of semi - trucks on city streets and Highway 191 right of way within City limits." Attachment(s): Proposed Resolution 1 Page 121 of 127 9-2 New Business RESOLUTION #52-2017 A RESOLUTION RESTRICTING THE PARKING OF SEMI -TRUCKS ON CITY STREETS AND HIGHWAY 191 RIGHT OF WAY WITHIN CITY LIMITS WHEREAS, the City has received noise disturbance complaints from residents in in neighborhoods adjacent to Highway 191 within City limits; and, WHEREAS, the City desires for citizens to have quiet and peaceful enjoyment of their residential areas; and, WHEREAS, the City has found that some of these noise complaints are caused by semi - trucks parked and idling on the side of HWY 191 on UDOT right of way within the City limits; and, WHEREAS, the City Council (Council) finds that semi -trucks parking and idling in City Limits is a practice that the Council desires to restrict in order to maintain the character of its residential neighborhoods; NOW, THEREFORE, BE IT RESOLVED BY THE City Council, that within the City Limits of Moab, semi -trucks are hereby prohibited from parking on city streets and Highway 191 right of way while running, idling and/or running generators. Adopted and approved by the Moab City Council in open session this 12th day of September, 2017. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta Moab City Recorder Page 122 of 127 9-2 New Business f AGENDA SUMMARY MOAB CITY COUNCIL MEETING -September 12, 2017 Agenda. item #:9-3 Title: Request from the Housing Authority of Southeastern Utah (HASU) for a grant in the amount of $35,000 from the Affordable Housing Fund to use for the development of an affordable independent senior housing project. Fiscal Impact: $35,000 decrease in Affordable Housing Fund. Staff Presenter: Amy Weiser, Special Projects Manager Department: Administration Summary: HASU is requesting the use of a portion of the City's Affordable Housing Fund to assist in the development of affordable independent senior housing planned for in the Moab Area Partnership for Seniors (MAPS) plan. Ben Riley from HASU provided a letter describing the project, and how the requested funds will be used. He will be attending the Council meeting to present and answer questions. The amount in the Affordable Housing Fund has been $150,000 since appropriated; however, the Council recently approved the use of $40,000 to help fund half of the economic nexus study with the County, so there is currently $sio,000 available in the fund. Granting the amount requested would deplete the fund to $75,000. Goal 6 for the implementation of the affordable housing plan adopted by Council is to "continue to establish housing funds within the City budget to support the development and availability of affordable housing." The request for a portion of the Affordable Housing Funds for the MAPS project is an appropriate use of the fund. The Council should look longer term, perhaps in next year's budget talks, at how best to continue to contribute money to the fund. Staff has been discussing different ways to utilize the money in the fund; most of these will still be possible if the Council grants the request. 1 Page 123 of 127 9-3 New Business Options: Approve the request as proposed for a grant in the amount of $35,000. Modify the request at the discretion of the Council. Continue to a subsequent meeting. Deny the request. Recommended Motion: "I move to approve the request for a grant to HASU from the Affordable Housing Fund in the amount of $35,000 to contribute to the development on the MAPS campus of long term affordable housing for seniors." Attachment(s): HASU Request for Affordable Housing Funds Page 124 of 127 9-3 New Business HOUSING AUTHORITY OF SOUTHEASTERN UTAII SERVING GRAND AND SAN JUAN COUNTY Main Administrative Office 321 East Center Street Moab, UT 84532 Phone (435) 259-5891 Fax (435) 259-4938 TTY (800) 346-4128 Email: hasu@frontiernet.net September 12th, 2017 RE: HASU Request for Affordable Housing Funds Dear Moab City Council, As many of you know, HASU is currently working with the Canyonlands Healthcare Special Service District (CHCSSD) to develop an affordable independent senior housing project on land owned by the CHCSSD north of the Moab Regional Hospital. It is HASU's intention to submit an application for Low Income Housing Tax Credits (LIHTC's) on October 3rd to finance this project and provide affordable rents for, at a minimum, 50 years. Currently, we are projecting construction of 36 units with 30 one - bedroom units and six two -bedroom units. Rents will range from $267/month to $850/month with varying affordable rents in between. This project will serve seniors 55 and older and will provide them with easy access to necessary services such as the Hospital, Care Center, and Grand Center. This will further the vision of the Moab Area Partnership for Seniors (MAPS) plan formed jointly by the City of Moab, Grand County, and the Hospital Service District over 15 years ago. Our team is happy to receive the support of the CHCSSD through their commitment to seeing this portion of the MAPS vision fulfilled. The CHCSSD has agreed to convey the property, roughly 1.9 acres, to the project at no cost. Community support such as this is essential to providing long-term affordable housing to seniors and families in Moab. With that in mind, HASU would like to request that the Moab City Council consider contributing $35,000 to the development of this project, utilizing a portion of the general funds set aside for affordable housing in the current City budget. Direct investments such as this are one of the most powerful means in advancing the housing needs which our residents so desperately need. Our recommendation is for the City to grant the funds to HASU. Subsequently, the funds will be loaned to the project at a low interest rate. This will allow the project to repay the loan over time and recycle this grant for use in future affordable housing developments. Funding from this grant will assist in certifying the building and project under the Enterprise Green Communities energy standards, upgrading the HVAC system, and installation of more energy efficient windows. HASU always strives to create energy efficient buildings in all of our projects as we understand that utility costs for low-income families are a critical component in housing affordability. Certification in Enterprise Green Communities also greatly increases the chance of LIHTC funding through the Housing Authority of Southeastern Utah is an Equal Opportunity Provider and Equal Housing Opportunity111 Page 125 of 127 9-3 New Business application scoring process. These grant funds from the City of Moab would not only push the project through the scoring process to receive LIHTC funding, they would also create a more sustainable project and lower utility costs for fixed -income seniors who need it most. We greatly appreciate the City's consideration in support of this project and continual involvement in affordable housing issues affecting Moab City residents. This project will not only support seniors 55 and older but will also increase the number of affordable units throughout the City by making available units to lower income families currently being utilized by seniors. This development, as well as the entire MAPS vision, has been a community effort for more than 15 years. The City's involvement, through the use of the requested funds above, will greatly improve the chances of obtaining the required LIHTC funding and show our state funders, as well as our community, Moab City's support for affordable housing efforts. Thank your your ider Ben Riley Executive Director, Housing Authority of Southeastern Utah Housing Authority of Southeastem Utah is an Equal Opportunity Provider and Equal Housing Opportunity1111 Page 126 of 127 9-3 New Business Resolution #53-2017 A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND DAVID EVERITT FOR THE POSITION OF CITY MANAGER Whereas, the governing body of the City of Moab is desirous to engage the services of David Everitt to serve for a term as the City Manager for the City of Moab under the direction of the governing body of the City, pursuant to Moab Municipal Code Section 93-09; and Whereas, the Employment Agreement has been presented to this meeting of the City Council. NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE EMPLOYMENT AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this to day of , 2017. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #53-2017 Page 1 of 1 Page 127 of 127 L9-4 New Business