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PKT-CC-2017-04-25
Moab City Council April 25. 2017 Pre -Council Workshop **5:00 PM** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CITY CENTER (217 East Center Street) CHAMBERS Agenda Page 1 of 390 Agenda Page 2 of 390 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, April 25, 2017 at 5:00 p.m. ..........................................•••••••••••••••••••••••••••• 5:00 p.m. 6:00 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: Employment Interview with the Governing Body for the Appointed Position of Police Chief PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 April 4, 2017 1-2 April 11, 2017 CITIZENS TO BE HEARD PROCLAMATIONS 3-1 Presentation of the Mayor's Student Citizenship of the Month Award for April 2017 for Helen M. Knight School 3-2 Arbor Day Proclamation PRESENTATIONS 4-1 Presentation Regarding Riparian Planning PUBLIC HEARING (Approximately 7:15 PM) 5-1 Public Input on Proposed Ordinance #2017-16 — An Ordinance Amending the City of Moab Municipal Code Sections 13.25.060 B and 13.25.060 C to modify the Sewer Impact Fee Schedule 5-2 Public Input on Proposed Ordinance #2017-10 — An Ordinance of the Governing Body of Moab Annexing Property Located at 1520 North Highway 191 to the City of Moab SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Weely Cool — Residential Street Vendor License Approval of a Residential Neighborhood Street Vendor License for Dennis Dresslar, d.b.a. Weely Cool to Conduct a Pedal -Powered, Tricycle Selling Pre - Packaged Ice Cream Treats for a Term of June 1 to September 30, 2017 and April 1 to May 31, 2018 Agenda Page 3 of 390 SECTION 7: CONSENT AGENDA 7-1 Consideration to Adopt Proposed Resolution #09-2017 — A Resolution Approving an Improvement Agreement for Moab Bolt, LLCP on Property Located in the C-1 Commercial Residential Zone at 245 W. North MiVida Drive 7-2 Consideration to Adopt Proposed Resolution #27-2017 — A Resolution Approving the Vacation of an Unused Water Line Easement on Property Located in Grand County at 2720 East Bench Road 7-3 Consideration to Adopt Proposed Resolution #27-2017 — A Resolution Approving Phase II of the Portal RV Master Planned Development on Property Located at 1261 North Highway 191 in the RC —Resort Commercial Zone 7-4 Approval of Proposed Resolution #30-2017 — A Resolution by the Moab City Council to Adopt the City of Moab Tentative Budget For Fiscal Year 2017-2018 and Setting a Public Hearing for Review of the Final Budget on May 9, 2017 at 7:15 PM 7-5 Consideration and Possible Approval of a Procurement Exceptions as Allowed by Moab Municipal Code 2.28-110(B) - State Approved Contracts/NJPA, For an Equipment Purchase with Tony Divino Toyota for a 2017 Toyota Highlander Hybrid (Budgeted Pool Vehicle) not to exceed $34,000 SECTION 8: OLD BUSINESS 8-1 Approval of Proposed Ordinance #2017-05 An Ordinance of the Governing Body of Moab Annexing Property Located at 435 River Sands Road to the City of Moab 8-2 Consideration of the 2017 City of Moab General Plan as Referred to Council by the Planning Commission and Scheduling a Date for the Public Hearing 8-3 Consideration to Adopt Proposed Resolution #25-2017 — A Resolution Approving the Improvements Agreement For Hyatt Place On Property Located At 890 North Main Street In The C-4 Zone 8-4 Discussion Regarding Proposed Fiscal Year 2017-2018 Budget 8-5 Update on Waste Water Treatment Plant Connection Moratorium Status SECTION 9: NEW BUSINESS 9-1 Approval of Proposed Resolution #29-2017 — A Resolution Approving a Municipal Wastewater Planning Program 9-2 Discussion and possible action on Affordable Housing Plan Implementation 9-3 Approval of a Permanent Community Impact Funding Board Grant in the Amount of $726,241 9-4 Approval of Budgeted Contract for Hydrologic and Environmental System Analysis of the Moab Valley Watershed/Aquifer, and Water Source Protection Plan Updates 9-5 Discussion Regarding Water Conservation Board 9-6 Award and Contract Approval for the 2017 Crack Sealant Project 9-7 Award and Contract Approval for the Pack Creek Bank Grading Project SECTION 10: MAYOR AND COUNCIL REPORTS SECTION 11: READING OF CORRESPONDENCE SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB Agenda Page 4 of 390 SECTION 13: EXECUTIVE CLOSED SESSION 13-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 14: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda Page 5 of 390 MOAB CITY COUNCIL MINUTES -- DRAFT SPECIAL MEETING APRIL 4, 2017 Special Workshop 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. Meeting Called to Order: The meeting was called to order at 5:38 PM. In attendance were Mayor David Sakrison, Councilmembers 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, Public Works Director Pat Dean, Safety Officer Don Hunt, and Parks, Recreation, and Trails Director Tif Miller. One member of the public attended. The Workshop began with City Manager Everitt presenting an overview of the Fiscal Year (FY) 2018 budget process, and outlined the general categories of expenditure priorities. Councilmember Bailey asked about renewal of the contract for sanitation services and City Recorder/Assistant City Manager Stenta replied it would up for renewal in November. Everitt added there would be a Request for Proposals (RFP) advertising for sanitation services. Stenta clarified the existing contract was extended with Council approvals three times since 2000. Everitt continued by describing discrete funds used for clarifying certain revenue and expenditure streams. He then explained the methodology for projecting revenues. Based on recent trends, he stated he worked with Stenta to estimate a 7.9% increase in revenues over 2017, for a projected amount of $8,732,179. Councilmember Ershadi made note of the lack of increase in the franchise tax and Everitt concurred that it was budgeted at the same level as the current year due to the unpredictability and lack of great fluctuation of that revenue stream. He also described a conservative approach to predicting the energy tax revenues. He added the Resort Community tax is estimated at a nine percent increase, and there is expected to be added revenues from fees such as plan reviews and building permits. He explained some monies would be pulled from the fund balance, while ensuring the fund balance will continue to reflect 15% of the total budgeted revenue. Also, some rollover from FY2017 would carry over to 2018. In the general fund, Everitt stated that expenditures give emphasis to salary increases established with mid -year changes; departmental requests for increases in supplies, equipment, and staffing (particularly in the Enterprise fund and Public Works); and that recreation increases are big and that recreation related services have been consolidated and moved to the 23 (Special Revenue) fund which should create a more accurate picture of the total recreation services provided by Moab City for the entire County. Mayor Sakrison asked if the City had enough people to get the job done staffing needs and Everitt stated that no the City doesn't and that this budget includes some staffing increases but can't accommodate all of the staffing increases needed at one time. Everitt then explained that the proposed staffing increases — especially those in the Enterprise (Water and Sewer) fund would take place over the next three to four years and would likely require some fee increases or other revenue sources. Everitt then gave a brief overview of the capital projects fund (41) emphasizing infrastructure projects. Everitt briefly outlined concerns associated with relying on sales tax, which may fluctuate, rather than April 4, 2017 Page 1 of 3 Agenda Page 6 of 390 1-1 Minutes property tax, service fees, or use fees. He also touched on a concern about overlap, informalities, and inconsistencies regarding services provided by the City and the County. He gave an example of the County -provided dispatch service fee, which may see an increase. Councilmember Bailey asked for graphs showing percentage of expenditures by type, for the City in general and departments in particular. Mayor Sakrison raised a concern about the level to which the City has reached capacity with regard to its ability to bond for projects. He mentioned the potential for a future need for a property tax, or a use fee for roads, as an example. He mentioned a variety of possible fees, including a road use fee, and a potential Recreation, Arts, and Parks (RAP) tax. He mentioned that subsidizing recreation services for a million dollars a year is not sustainable. Councilmember Jones asked for more detail regarding discretionary spending. Discussion ensued about the preference for narrative descriptions of budgetary needs. Councilmember Knuteson-Boyd asked about the prospect of a property tax and if it would be in addition to a County Property Tax. City Manager Everitt stated that it would be additional as County property taxes pay for County provided services. Councilmember Bailey inquired if the City could adopt a property tax by using a mill levy or a Resolution or would have to go to a vote. City Recorder/Assistant City Manager Stenta explained the City has the ability to levy a property tax, but would need both a legal opinion and the State Tax Commission's opinion with regard to the process to implement the tax and that Truth in Taxation hearings would need to be held. There was discussion about a general obligation bond combined with Community Impact Fund Board (CIB) grants for major projects, such as for streets. Councilmember Jones pointed out Moab is one of two municipalities in Utah without a property tax. Councilmember Ershadi asked about the unfunded personnel liabilities that are mentioned in the Audit. The unfunded liabilities regard unused vacation and sick leave as well as the City's share of the Utah Retirement Systems liability. Stenta stated that it could be a multi -year process to address the liabilities and Ershadi agreed that approach would be appropriate. The discussion turned to water. Everitt explained that water operations are generally subsidized by the surplus in sewer operations. The culinary water fund for operations exceeds revenues by about $700,000. He discussed possible funding sources, including raising rates or subsidizing it from the general fund. Councilmember Bailey stated there was discussion some time ago to raise rates incrementally. City Recorder/ Assistant City Manager Stenta commented that in prior budgets, infrastructure improvements were not funded by the existing rate structure. Discussion ensued regarding raising base rates, commercial rates, actual use, and water conservation. Stenta remarked that water expenditures have fallen below revenues for an average of over $400,000 per year over five years. Councilmember Ershadi brought up the desire to be presented with scenarios for rate increases and being mindful of local residents on fixed incomes and their ability to pay increased rates. The next topic involved the need to increase sewer rates in order to pay for the new Water Reclamation Facility. Everitt explained rates will go into effect in July. He commented that commercial rates are not yet equitable. Mayor Sakrison asked about septage impacts on sewer revenues. Everitt stated Bowen April 4, 2017 Page 2 of 3 Agenda Page 7 of 390 1-1 Minutes Collins is working on the commercial rate study. Sewer Rate Schedule Changes - Approved Councilmember Jones moved for Approval of Proposed Resolution #24-2017 - A Resolution Adopting changes in the City of Moab Sewer Rate Schedule. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Ershadi voting aye. Mayor Sakrison introduced Doug MacDonald, who is a financial consultant for the Utah League of Cities and Towns. MacDonald stated he is able to provide a ten-year financial strategic plan for the City. Adjournment: The meeting was adjourned at 6:38 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder April 4, 2017 Page 3 of 3 Agenda Page 8 of 390 1-1 Minutes MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING APRIL 11, 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 5:00 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, Community Services Director Amy Weiser, Planning Director Jeff Reinhart, Planning Assistant Sommar Johnson, Assistant City Engineer Mark Jolissaint, and Parks, Recreation, and Trails Director Tif Miller. Also in attendance were Planning Commission members Wayne Hoskisson, Jeanette Kopell, Allison Brown, and Laura Uhle. The Workshop consisted of an overview of city planning and land use regulation topics with Wilf Summerkorn, Director of Regional Planning and Transportation for Salt Lake County. He discussed the Land Use Development and Management Act (LUDMA). He outlined the planning functions of municipalities and other local governments, including the roles of each jurisdiction's governing body, planning commission, land use authority, and appeal authority. He continued with a description of the three roles involved with the planning process: legislative, administrative, and quasi-judicial. Mayor Sakrison asked about Conditional Use Permits (CUPs) and Summerkorn described how the state code was revised regarding CUPs, in favor of entitling developers if they substantially mitigate impacts. Summerkorn fielded questions from planning commission members about CUPs and he recommended removing CUPs from the planning ordinance, and encouraged a well -developed general plan and specificity of code. Summerkorn then moved to a discussion of the General Plan. He outlined required elements, including land use, transportation, and moderate -income housing. He also outlined optional elements of the plan, including environmental, public services and facilities, community rehabilitation and redevelopment, and more. Discussion ensued about the process of revising and amending the general plan. He indicated there are some good examples of plans he can recommend as models. He discussed the pitfalls of identifying specific properties and their prospective uses in a general plan rather than areas or neighborhoods as having preferred uses. After the presentation, City Manager Everitt updated the Council on the ongoing hiring search for Police Chief. Mayor Sakrison stated that he and City Recorder/Assistant City Manager Stenta had attended the bond closing that morning in Richfield, Utah for the Wastewater Reclamation Facility, for a total amount of $14.2 million and with an expected completion date of October, 2018. April 11, 2017 Page 1 of 6 Agenda Page 9 of 390 1-2 Minutes Regular Meeting Called to Order: Mayor Sakrison called the Regular City Council Meeting to order at 6:55 PM and led the Pledge of Allegiance. Twelve members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve the minutes of the March 14 and 28 meetings, with minor changes. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Councilmember Jones moved to approve the minutes of the March 31, 2017 meeting. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Citizens to be Heard: There were no Citizens to be heard. Presentation: General Plan Members of the Planning Commission presented the updated General Plan. Chairperson Laura Uhle led the presentation with additional commentary by Planning Director Jeff Reinhart. Topics discussed included an outline of chapters, process, and public input opportunities, and compared the elements of the mission from 2002 and 2017. Uhle suggested that the plan should be updated annually due to the dynamic nature of the community. The schedule of review and public input was highlighted. Public Hearing: Annexation of 435 Riversands Road Mayor Sakrison opened a hearing at 7:32 PM for Public Input on Proposed Ordinance #2017-05 — An Ordinance of the Governing Body of Moab Annexing Property Located at 435 Riversands Road to the City of Moab. City Planner Reinhart provided a brief overview. Councilmember Jones asked if this annexation created an island and the reply was affirmative —it creates a "peninsula" for the City and an island for a County parcel. The Mayor left the hearing open until 8:56 PM. There were no public comments. Special Events/Vendors/Beer Licenses: Moab Arts Festival — Approved Motion and Vote: Councilmember Bailey moved to approve licenses and permits for the Moab Arts Festival — May 27 and 28, 2017, including Approval of a Special Business Event License, Special Use of Swanny City Park, Park Alcohol Permit, Class IV Special Event Beer License, and Granting of Local Consent for a Single Event Permit. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Moab Diner Outdoor Display - Approved Motion and Vote: Councilmember Derasary moved to approve a Private Property Vendor License for Geoff Thomas, doing business as Moab Diner, located at 189 South Main Street, to Conduct an outdoor display on April 12 — 13, 2017. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Spitfire Smokehouse —Approved Motion and Vote: Councilmember Derasary moved to approve a Private Property Vendor License with conditions for Marlene and Craig Saleeby, doing business as Spitfire Smokehouse, Located at 56 West April 11, 2017 Page 2 of 6 Agenda Page 10 of 390 1-2 Minutes 100 South for a term of April 12 to November 30, 2017. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Moab Nuts & Corn —Approved Motion and Vote: Councilmember Jones moved to approve a Private Property Vendor License for Susie Johnston, doing business as Moab Nuts & Corn, Located at 331 North Main Street for a term of April 12 to October 1, 2017. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Consent Agenda: Hyatt Place Improvements Agreement - Tabled City Planner Reinhart requested tabling of the Consideration to Adopt Resolution #25-2017, Approving an Improvements Agreement with the Kayenta Group LLC for the Hyatt Place Project on Property Located in the C-4 General Commercial Zone at 890 North Main Street. Councilmember Bailey made a motion to table consideration of the Resolution. Councilmember Jones seconded the motion. Councilmember Knuteson-Boyd recused herself from voting due to a potential conflict of interest. The motion passed 4-0 with Councilmembers Bailey, Jones, Ershadi, and Derasary voting aye. Old Business: Special Events Code Amendment — Approved Third Reading: The Council held the Third Reading of Proposed Ordinance 2017-17 — An Ordinance Amending Chapter 5.09 of the Moab Municipal Code Pertaining to the Regulation of Special Events. Discussion: Councilmember Derasary asked for clarification of the fee levels. Councilmember Jones mentioned he had sent minor corrections to City Manager Everitt. Discussion ensued regarding the desire for mandatory debriefs as a condition for event license renewals, and the impact of event parking on everyday commerce. Motion and Vote: Councilmember Ershadi moved to approve Proposed Ordinance 2017-17—An Ordinance Amending Chapter 5.09 of the Moab Municipal Code Pertaining to the Regulation of Special Events, with changes. Councilmember Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. New Business: UTV Speed Limit — Discussion Community Services Director Amy Weiser and Interim Police Chief Steve Ross presented an overview of work they had completed regarding a Proposed Utility Task Vehicle (UTV) Speed Limit Ordinance. Weiser stated that staff took an informal sound survey, testing sound levels of a UTV at various speeds. She pointed out that the main difference in decibel levels occurred between 20 and 25 miles per hour (MPH). She also noted that the difference in sound levels between 15 and 20 MPH was negligible. Sound levels allowed by code were discussed. Weiser went on to recommend outreach, education, informational kiosks, and signage aimed at reducing UTV noise. It was pointed out that no particular vehicle type may be singled out with regard to speed limits. Weiser noted that a cost estimate for a formal study by an acoustical engineer was approximately $10,000. Mayor Sakrison commented that there was a lack of enforcement on speed and April 11, 2017 Page 3 of 6 Agenda Page 11 of 390 1-2 Minutes noise. City Attorney McAnany stated that code exists for noise levels yet is inefficient for law enforcement officers to enforce due to the time required to use noise -measuring equipment. Councilmember Ershadi asked about progress regarding traffic calming structures aimed at slowing vehicles. Councilmember Bailey commented on communities that realize sound reduction by utilizing vegetation. Councilmember Derasary mentioned lowering speed limits. City Manager Everitt stated the Council has the latitude to lower speed limits and noted evidence to suggest that lower speed limits are safer for pedestrians, bicyclists, and motorists. City Attorney McAnany concurred that the Council has the authority to change speed limits. Councilmember Jones confirmed his interest in lowering speed limits. Councilmember Ershadi asked if staff was available to gauge the effectiveness of such a program. Weiser commented that it is difficult to measure sound informally. The discussion shifted to the radar speed signs. Councilmember Jones asked about placement on certain streets. Councilmember Bailey complimented the police department's Facebook page. Councilmember Ershadi asked how traffic calming will fit with other infrastructure improvements. City Manager Everitt stated these improvements may be incorporated into other street projects. Sidewalk Repair and Americans With Disabilities Act (ADA) Program — Discussion Engineer Mark Jolissaint presented the City's sidewalk repair program and gave an overview of priorities for curb ramp improvements requisite for compliance with the Americans With Disabilities Act (ADA). Fifty thousand dollars per year were estimated to be the budget need to address priorities. City Manager Everitt asked if the sidewalk repair work would be bid out and the answer was yes. Councilmember Jones asked about areas that lack sidewalks. Jolissaint responded that ADA requires equal access, so lack of a sidewalk is less of any issues than areas with sub -par sidewalks. City Manager Everitt noted that repairing and upgrading sidewalks is advantageous for an age -friendly community. Councilmember Derasary asked if priority was given to public facilities. Budget Discussion City Manager Everitt presented an overview of the proposed budget and the budget process. He included discussion of the addition of a civil code enforcement position. The position would be part of the planning department team, reporting to the City Planner. Also discussed was funding for Recreation. Everitt mentioned the budget outlook calls for status quo staffing and services. He also mentioned realignment of some positions within the City organization. Everitt also outlined alternative funding sources for the City, such as bonding using the general fund, enterprise fund increases, and implementing a property tax, service fees, or a transportation fee. He also pointed out that an alternative is to cut back on City operating expenses. He noted enterprise funds include sewer, culinary water, and stormwater funds, and are generally used for operations and large capital projects. Interlocal Agreement with Grand County for Joint Funding of a Nexus Study — Discussion City Manager Everitt stated that the Nexus Study for an Affordable Housing initiative was proposed to cost $80,000. Mayor Sakrison suggested a 60/20 split in expenses with the County. Councilmember Knuteson-Boyd stated she felt the fee was too high. Councilmember Ershadi requested to examine the Request for Proposals (RFP). Councilmember Jones stated he was comfortable with the 50/50 split in April 11, 2017 Page 4 of 6 Agenda Page 12 of 390 1-2 Minutes expense, and was in favor of the study. Councilmember Ershadi requested an opinion from staff on the study. City Manager Everitt noted that advancing the push for exclusionary zoning will benefit from this study. Councilmember Derasary stated she was in favor of the study and the 50/50 split. Additional Consent Agenda Item: Annexation of Property at 1520 North Highway 191 Motion and Vote: Councilmember Derasary moved to approve a Request to Send Proposed Ordinance #2017-10 — An Ordinance of the Governing Body of Moab Annexing Property Located at 1520 North Highway 191 to a Public Hearing on April 25, 2017 at approximately 7:15 PM. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Sewer Impact Fee Schedule — First Reading Discussion: The Council considered the First Reading of Proposed Ordinance #2017-16 — An Ordinance Amending the City of Moab Municipal Code Sections 13.25.060 B and 13.25.060 C to modify the Sewer Impact Fee Schedule and to schedule a Public Hearing for the Ordinance on April 25, 2017 at 7:15 PM. Councilmember Bailey moved to schedule the public hearing. Councilmember Ershadi seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Mayor and Council Reports: Councilmember Derasary reported she attended the League of Women Voters' discussion of the Water Conservation Plan and she noted Councilmember Bailey, Community Services Director Weiser, and City Manager Everitt also attended. She added she attended a Trail Mix Committee meeting and had been made aware of a situation involving an Ober driver in Moab Councilmember Ershadi reported she attended a meeting of the Interlocal Housing Task Force. She also said she had attended the Chamber of Commerce meeting, at which the topics of the Sewer Moratorium and infrastructure improvements were raised. Councilmember Knuteson-Boyd reported she attended the KZMU anniversary party and she also complimented the staff on the article in the Moab Real Estate Magazine. Executive Session: Councilmember Jones moved to enter an Executive Closed Session to Discuss Pending or Reasonably Imminent Litigation. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-1 with Councilmembers Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye and Councilmember Bailey voting nay. The Executive Closed Session was entered into at 9:13 PM. Councilmember Bailey moved to end the Executive Closed Session and enter into open session. Councilmember Ershadi seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The Executive Closed Session ended at 9:22 PM. Adjournment: Councilmember Bailey moved to adjourn the meeting. Councilmember Ershadi seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The meeting was adjourned at 9:22 PM. April 11, 2017 Page 5 of 6 Agenda Page 13 of 390 1-2 Minutes APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder April 11, 2017 Page 6 of 6 Agenda Page 14 of 390 1-2 Minutes CITY OF MOAB ARBOR DAY APRIL 28, 2017 • i • • WHEREAS, in 1872, J. Sterling Morton, the founder of Arbor Day, proposed that a special day be set aside for the planting of trees; and WHEREAS, trees reduce erosion, cut heating and cooling costs, produce oxygen, provide food and wildlife habitat, increase property values and beautify our community; and WHEREAS, the Mayor of Moab invites the community to participate in an Arbor Day tree planting at Rotary Park and an Arbor Day Tree Planting and Youth Education at Swanny Park; NOW THEREFORE, I, DAVID L. SAKRISON, MAYOR OF THE CITY OF MOAB, DO HEREBY PROCLAIM APRIL z8, zoi7 AS ARBOR DAY IN MOAB, UTAH AND URGE ALL CITIZENS TO SUPPORT EFFORTS TO PLANT AND CARE FOR TREES Mayor David L. Sakrison Rachel E. Stenta, City Recorder Page 15 of 390 April28, 2017 April28, 2017 3-2 Proclamations Agenda Summary Sheet Council Meeting Date: April 25, 2017 #: 5-1 Title: Public Hearing to Solicit Public Input of Proposed Ordinance #2017-16 - An Ordinance Amending the City of Moab Municipal Code, Sections 13.25.060 B and 13.25.060 C, to modify the Sewer Impact Fee, Fiscal Impact: The proposed ordinance will increase the Sewer Impact Fee for the City of Moab adopted in November 2016, and will also increase the Sewer Impact Fee for outside agencies. The exact effect on the total amount of Sewer Impact Fees collected per year is not known. Staff Presenter: David Everitt, City Manager Department: n/a Consultant: Bowen Collins and Associates, Inc. Background/Summary: City staff has worked closely the City's engineering consultant, Bowen Collins and Associates, Inc., (BCA), to create a Sewer Impact Fee Facilities Plan and a Sewer Impact Fee analysis. The completion of these two studies is necessary per the Utah Impact Fees Act to establish and collect a Sewer Impact Fee from new development within the City and within any other service agencies served by the City's sewer collection system and wastewater treatment plant. The Sewer Impact Fee Analysis has determined a Recommended Impact Fee amount that is different than the amount currently established in the Moab Municipal Code, Section 13.25, and this proposed ordinance will modify the Code to collect the recommended impact fee. The Sewer Impact Fee Facilities Plan (IFFP) and the Sewer Impact Fee Analysis (IFA) were prepared in strict conformance with the Utah Impact Fees Act. The original IFFP and IFA were presented and discussed with the City Council at a workshop in May 2016, and Ordinance 2016-08 was approved by the City Council on November 8, 2016. Based on the increased construction cost of the new wastewater treatment plant, an update to both the IFFP and IFA was prepared by BCA in February 2017. Based on the higher project cost, the increased Recommended Impact Fees determined by the IFA are as follows: • City of Moab - $1,525 per ERU (an increase of $77 per ERU) Agenda Page 16 of 390 5-1 Public Hearing ORDINANCE #2017-16 AN ORDINANCE AMENDING CHAPTER 13.25 OF THE CITY OF MOAB MUNICIPAL CODE WITH NEW AMOUNTS FOR THE SEWER IMPACT FEE WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 13.25, Water and Sewer Impact Fees, to establish impact fees for new development; and, WHEREAS, the Utah Impact Fees Act mandates that municipalities establish ordinances and procedures for the equitable apportionment of costs for municipal capital improvements; and, WHEREAS, the City of Moab has completed a Sewer Impact Fee Facilities Plan and a Sewer Impact Fee Analysis in accordance with Utah Code Annotated, 11-36a-306(2); and, WHEREAS, the Sewer Impact Fee Analysis has determined a Recommended Impact Fee of a different amount than currently in effect; and, WHEREAS, Council reviewed Ordinance #2017-0x in a regularly scheduled meeting held on April 11, 2017, to hear and discuss the merits of the proposed changes to the Code, Chapter 13.25, Water and Sewer Impact Fees; and, WHEREAS, Council, in a duly advertised public hearing held on April 25, 2017, did hear public testimony and determine the merits of the changes to the Code, Chapter 13.25, Water and Sewer Impact Fees; and, WHEREAS, Council found that the changes benefit the residents of Moab. NOW, THEREFORE, the Moab City Council hereby amends specific sections of Chapter 13.25, Water and Sewer Impact Fees, and amends the language as noted below: Section: 13.25.060 13.25.060 Chapter 13.25 WATER AND SEWER IMPACT FEES Calculation of impact fees B. Sewer impact fees shall be calculated per Equivalent Residential Unit (ERU). 1. Residential sewer impact fees shall be calculated at one thousand five hundred twenty five dollars per Single Family Residence, and other permanent and overnight accommodations calculated per ERU pursuant to the following "Sewer Impact Fee Schedule — City of Moab" table. Agenda Page 1 of 5 Page 17 of 390 5-1 Public Hearing 2. Sewer impact fees for business and commercial uses shall be calculated at one thousand five hundred twenty five dollars per ERU pursuant to the following "Sewer Impact Fee Schedule - City of Moab" table. Sewer Impact Fee Schedule - City of Moab Customer Type Units # Flow ERUs per Unit # Treatment ERUs per Unit Flow Impact Fee per Unit Treatment Impact Fee per Unit Total Impact Fee per Unit Permanent Residential Single Family Residence 1.00 1.00 $949 $576 $1,525 Multifamily, 2 Bedrooms or Larger Unit 1.00 1.00 $949 $576 $1,525 Multifamily, 1 Bedroom or Smaller Unit 0.56 0.56 $531 $323 $854 Overnight Accommodations Per Unit with Kitchen, 2 Bedrooms or Larger Unit 1.20 1.20 $1,139 $691 $1,830 Per Unit with Kitchen, 1 Bedroom or Smaller Unit 1.00 1.00 $949 $576 $1,525 Hotel/Motel (No Kitchen) Unit 0.78 0.78 $743 $451 $1,194 Other Auto Repair 1,000 ft2 0.16 0.16 $153 $93 $246 Bakery 1,000 ft2 0.53 5.00 $499 $2,881 $3,380 Bank 1,000 ft2 0.50 0.50 $474 $288 $763 Beauty/Barber Shop Chair 0.25 0.25 $237 $144 $381 Campground Campsite 0.79 0.79 $746 $453 $1,199 Car Wash - Auto Each 10.00 5.00 $9,489 $2,881 $12,370 Car Wash - Wand Wand 5.00 2.50 $4,745 $1,440 $6,185 Commercial 1,000 ft2 0.15 0.15 $146 $89 $235 Dry Cleaner 1,000 ft2 0.59 0.37 $558 $213 $772 Fast Food 1,000 ft2 2.86 4.76 $2,711 $2,743 $5,455 Gas Station/Convenience Store 1,000 ft2 0.28 0.28 $264 $160 $424 Grocery Store 1,000 ft2 0.32 0.32 $306 $186 $492 Laundromat Washer 0.71 0.33 $678 $192 $870 Office 1,000 ft2 0.25 0.25 $237 $144 $381 Restaurant Seat 0.09 0.21 $90 $123 $212 Retail 1,000 ft2 0.15 0.15 $146 $89 $235 Schools Students 0.07 0.07 $63 $38 $102 Theater Seat 0.007 0.007 $7 $4 $11 Warehouse 1,000 ft2 0.11 0.11 $100 $61 $161 * Cost of studies included under flow impact fee Agenda Page 2 of 5 Page 18 of 390 5-1 Public Hearing C. Sewer impact fees for development with the Spanish Valley Water and Sewer Improvement District, the Grand Water and Sewer Service Agency, or any other service agency outside of the City of Moab service area shall be as provided by interlocal agreement by the service agency and the City, and shall be calculated per equivalent residential unit (ERU). 1. Residential sewer impact fees for connections in other service agencies outside the City of Moab service area shall be calculated at one thousand three hundred twenty nine dollars per Single Family Residence, and other permanent and overnight accommodations calculated per ERU pursuant to the following "Sewer Impact Fee Schedule — Other Agencies" table. 2. Sewer impact fees for business and commercial uses in other service agencies outside the City of Moab service area shall be calculated at one thousand three hundred twenty nine dollars per ERU pursuant to the following "Sewer Impact Fee Schedule — Other Agencies" table. Agenda Page 3 of 5 Page 19 of 390 5-1 Public Hearing Sewer Impact Fee Schedule - Other Agencies Customer Type Units # Flow ERUs per Unit # Treatment ERUs per Unit Flow Impact Fee per Unit* Treatment Impact Fee per Unit Total Impact Fee per Unit Permanent Residential Single Family Residence 1.00 1.00 $542 $788 $1,329 Multifamily, 2 Bedrooms or Larger Unit 1.00 1.00 $542 $788 $1,329 Multifamily, 1 Bedroom or Smaller Unit 0.56 0.56 $303 $441 $744 Overnight Accommodations Per Unit with Kitchen, 2 Bedrooms or Larger Unit 1.20 1.20 $650 $945 $1,595 Per Unit with Kitchen, 1 Bedroom or Smaller Unit 1.00 1.00 $542 $788 $1,329 HoteUMotel (No Kitchen) Unit 0.78 0.78 $424 $617 $1,041 Other Auto Repair 1,000 ftZ 0.16 0.16 $87 $127 $214 Bakery 1,000 ft2 0.53 5.00 $285 $3,939 $4,224 Bank 1,000 ftZ 0.50 0.50 $271 $394 $665 Beauty/Barber Shop Chair 0.25 0.25 $135 $197 $332 Campground Campsite 0.79 0.79 $426 $619 $1,045 Car Wash - Auto Each 10.00 5.00 $5,415 $3,939 $9,354 Car Wash - Wand Wand 5.00 2.50 $2,708 $1,970 $4,677 Commercial 1,000 ftZ 0.15 0.15 $83 $121 $205 Dry Cleaner 1,000 ft2 0.59 0.37 $319 $292 $610 Fast Food 1,000 ftZ 2.86 4.76 $1,547 $3,752 $5,299 Gas Station/Convenience Store 1,000 ftZ 0.28 0.28 $150 $219 $369 Grocery Store 1,000 ftZ 0.32 0.32 $175 $254 $429 Laundromat Washer 0.71 0.33 $387 $263 $649 Office 1,000 ftZ 0.25 0.25 $135 $197 $332 Restaurant Seat 0.09 0.21 $51 $168 $219 Retail 1,000 ftZ 0.15 0.15 $83 $121 $205 Schools Students 0.07 0.07 $36 $53 $89 Theater Seat 0.007 0.007 $4 $5 $9 Warehouse 1,000 ft 0.11 0.11 $57 $83 $140 * Cost of studies included under flow impact fee -End of Amendment - Agenda Page 4 of 5 Page 20 of 390 5-1 Public Hearing This ordinance is effective upon adoption, and per the Utah Impact Fees Act the new amount of the Sewer Impact Fee will take effect ninety (90) days after this adoption. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of the Moab City Council on April 25, 2017. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, Recorder Agenda Page 5 of 5 Page 21 of 390 5-1 Public Hearing " O t h e r S e r v i c e A g e n c y ( o u t s i d e o f M o a b C i t y l i m i t s ) - $ 1 , 3 2 9 p e r E R U ( a n i n c r e a s e o f $ 1 7 7 p e r E R U ) F o r b u s i n e s s a n d c o m m e r c i a l u s e s , t h e s e w e r i m p a c t f e e i s c a l c u l a t e d b a s e d o n a n " E q u i v a l e n t R e s i d e n t i a l U n i t S c h e d u l e " . T h e E R U S c h e d u l e i s t h e s a m e g e n e r a l f o r m a t a s a d o p t e d i n N o v e m b e r 2 0 1 6 , w i t h t h e i n c r e a s e d i m p a c t f e e i n c o r p o r a t e d i n t o t h e s c h e d u l e t a b l e . I f t h e C i t y C o u n c i l w i s h e s t o m o v e f o r w a r d w i t h t h i s r e c o m m e n d a t i o n , t h i s P r o p o s e d O r d i n a n c e w i l l b e s c h e d u l e d f o r a P u b l i c H e a r i n g a t t h e r e g u l a r C i t y C o u n c i l m e e t i n g o n A p r i l 2 5 , 2 0 1 7 , a n d a l l r e q u i r e d a d v e r t i s i n g a n d p u b l i c n o t i c e w i l l b e c o m p l e t e d . I n a d d i t i o n , t h e P r o p o s e d O r d i n a n c e l a n g u a g e , S e w e r I m p a c t F e e F a c i l i t i e s P l a n , a n d S e w e r I m p a c t F e e A n a l y s i s w i l l a l l b e m a d e a v a i l a b l e f o r p u b l i c r e v i e w f o r a m i n i m u m o f t e n ( 1 0 ) d a y s p r i o r t o t h e p u b l i c h e a r i n g . I f t h i s P r o p o s e d O r d i n a n c e i s a p p r o v e d b y t h e C i t y C o u n c i l o n A p r i l 2 5 , 2 0 1 7 , t h e r e i s a m a n d a t o r y n i n e t y ( 9 0 ) d a y w a i t i n g p e r i o d e s t a b l i s h e d b y t h e U t a h I m p a c t F e e s A c t b e f o r e t h e n e w i m p a c t f e e a m o u n t c a n b e c o l l e c t e d . D u r i n g t h e w a i t i n g p e r i o d , t h e C i t y i s a l l o w e d t o c o n t i n u e t o c o l l e c t t h e e x i s t i n g i m p a c t f e e a m o u n t e s t a b l i s h e d b y t h e c u r r e n t C o d e . W i t h t h i s w a i t i n g p e r i o d t a k e n i n t o a c c o u n t , t h e n e w i m p a c t f e e a m o u n t c o u l d b e g i n t o b e c o l l e c t e d w i t h i n t h e C i t y o f M o a b a n d w i t h i n o t h e r s e r v i c e a g e n c i e s ( i . e . S p a n i s h V a l l e y W a t e r & S e w e r I m p r o v e m e n t D i s t r i c t ) o n M o n d a y , J u l y 2 4 , 2 0 1 7 , o r a t a l a t e r d a t e i f d i r e c t e d b y C i t y C o u n c i l . C i t y s t a f f i s a v a i l a b l e t o f u r t h e r e x p l a i n t h e i m p a c t f e e s t u d i e s o r E R U S c h e d u l e , a n d t o a n s w e r a n y q u e s t i o n s t h a t t h e C i t y C o u n c i l m a y h a v e . O p t i o n s : 1 . S c h e d u l e t h e P u b l i c H e a r i n g a n d S e c o n d R e a d i n g f o r P r o p o s e d O r d i n a n c e # 2 0 1 7 - 1 6 o n A p r i l 2 5 , 2 0 1 7 , a t a p p r o x i m a t e l y 7 : 1 5 P . M . 2 . D i r e c t s t a f f t o m a k e c h a n g e s t o t h e P r o p o s e d O r d i n a n c e , a n d s c h e d u l e w i t h r e v i s i o n s . 3 . O t h e r , a s d i r e c t e d t o s t a f f . R e c o m m e n d e d M o t i o n : " I m o v e t o s e n d P r o p o s e d O r d i n a n c e # 2 0 1 7 - 1 6 - A n O r d i n a n c e A m e n d i n g t h e C i t y o f M o a b M u n i c i p a l C o d e , S e c t i o n s 1 3 . 2 5 . 0 6 0 B a n d 1 3 . 2 5 . 0 6 0 C t o m o d i f y t h e S e w e r I m p a c t F e e , t o p u b l i c h e a r i n g a n d a f u r t h e r b r i e f i n g o n A p r i l 2 5 , 2 0 1 7 . " A t t a c h m e n t s : P r o p o s e d O r d i n a n c e # 2 0 1 7 - 1 6 S e w e r I m p a c t F e e A n a l y s i s , F e b r u a r y 2 0 1 7 , E x e c u t i v e S u m m a r y , P a g e s i t h r o u g h E S - 5 A g e n d a P a g e 2 2 o f 3 9 0 5 - 1 P u b l i c H e a r i n g r Februa 17 Prepared by: Bowen Collins & Associates, Inc. CONSULTING ENGINEERS Prepared for: Agenda 5-1 Public Hearing SEWER IMPACT FEE ANALYSIS February 2017 Prepared for: Prepared by: CITY OF MOAB Bowen Collins & Associates, Inc. CONSULTING ENGINEERS Agenda Page 24 of 390 5-1 Public Hearing SEWER IMPACT FEE ANALYSIS TABLE OF CONTENTS Page No. EXECUTIVE SUMMARY ES-1 Impact Fee Analysis (Sewer) ES-1 Introduction ES-1 Why Assess an Impact Fee? ES-1 How are Impact Fees Calculated? ES-1 Impact Fee Calculation ES-1 Recommended Impact Fee ES-4 IMPACT FEE ANALYSIS (SEWER) 1 Introduction 1 Service Areas 1 Requirements 1 Impact On System - 11-36a-304(1)(a)(b) 2 Relation of Impacts to Anticipated Development - 11-36a-304(1)(c) 3 Proportionate Share Analysis - 11-36a-304(d) 4 Excess Capacity to Accommodate Future Growth 4 Existing System Infrastructure Costs 4 Reimbursement Agreements 5 Future Improvements 5 Impact Fee Calculation - 11-36a-304(1)(e) 6 Bonding Interest Costs 7 Credit for User Fees 7 Impact Fee Studies 10 Recommended Impact Fee 11 Calculation of Non -Standard Impact Fees 14 Additional Considerations - 11-36A-304(2) 15 Manner of Financing — 11-36a-304(20(a-e) 15 User Charges 15 Special Assessments 15 Pioneering Agreements 15 Bonds 15 General Taxes 15 Federal and State Grants and Donations 15 Dedication of System Improvements - 11-36A-304(2)(f) 16 Extraordinary Costs - 11-36a-304(2)(g) 16 Time -Price Differential - 11-36a-304(2)(h) 16 Impact Fee Certification - 11-36a-306(2) 17 ROWFN COI LINS & ASSOCIATES Agenda I Page 25 of 390 MOAB CITY 5-1 Public Hearing SEWER IMPACT FEE ANALYSIS LIST OF TABLES On or Following No. Title Page No. ES-1 Impact Fee Calculation per ERU — Moab City Service Area ES-2 ES-2 Impact Fee Calculation per ERU — Other Service Area ES-3 ES-3 Impact Fee Costs Associated with Studies per ERU ES-3 ES-4 Recommended Impact Fee, 2016 and 2017 — Moab City ES-4 ES-5 Recommended Impact Fee, 2016 and 2017 — Other Agencies ES-5 1 Projected Moab Sewer System Growth — Flow ERUs 2 2 Projected Moab Sewer System Growth — Treatment ERUs 2 3 Use of Existing Capacity 4 4 Existing Infrastructure Costs 4 5 Impact Fee Eligible Capital Projects 5 6 Impact Fee Calculation per ERU — Moab City Service Area 6 7 Impact Fee Calculation per ERU — Other Agencies Service Area 7 8 Credit for User Fees Paid Toward Existing — Moab City 9 9 Credit for User Fees Paid Toward Existing — Other Agencies Service Area 10 9 Impact Fee Costs Associated with Studies per ERU 10 10 Impact Fee Costs Associated with Studies per ERU 11 11 Recommended Per ERU Impact Fee — Moab City Service Area 11 12 Recommended Per ERU Impact Fee — Other Agencies Service Area 11 13 Recommended Impact Fee, 2016 and 2017 — Moab City 13 14 Recommended Impact Fee, 2016 and 2017 — Other Agencies 14 ROWFN COI LINS & ASSOCIATES Agenda I I Page 26 of 390 MOAB CITY 5-1 Public Hearing SEWER IMPACT FEE ANALYSIS EXECUTIVE SUMMARY — IFA (SEWER) Introduction The purpose of the impact fee analysis (IFA) is to calculate the allowable impact fee that may be assessed to new development in accordance with Utah Code. This report was originally completed in October of 2016, but was updated in February of 2017 to reflect higher than expected construction costs associated with the City's new wastewater treatment plant. Why Assess an Impact Fee? Until new development utilizes the full capacity of existing facilities, the City can assess an impact fee to recover its cost of latent capacity available to serve future development. The general impact fee methodology divides the available capacity of existing and future capital projects between the number of existing and future users. Capacity is measured in terms of Equivalent Residential Units, or ERUs, which represents the demand that a typical single family residence places on the system. How Are Impact Fees Calculated? A fair impact fee is calculated by dividing the cost of existing and future facilities by the amount of new growth that will benefit from the unused capacity. Only the capacity that is needed to serve the projected growth within in the next ten years is included in the fee. Costs used in the calculation of impact fees include: • New facilities required to maintain (but not exceed) the proposed level of service identified in the IFFP; only those expected to be built within ten years are considered in the final calculations of the impact fee. • Historic costs of existing facilities that will serve new development • Cost of professional services for engineering, planning, and preparation of the impact fee facilities plan and impact fee analysis Costs not used in the impact fee calculation • Operational and maintenance costs • Cost of facilities constructed beyond 10 years • Cost associated with capacity not expected to be used within 10 years • Cost of facilities funded by grants, developer contributions, or other funds which the City is not required to repay • Cost of renovating or reconstructing facilities which do not provide new capacity or needed enhancement of services to serve future development Impact Fee Calculation Impact fees for this analysis were calculated by dividing the proportional cost of facilities required to service 10-year growth by the amount of growth expected over the next 10-years based on BOWFN COI LINS & ASSOCIATES ES-1 Agenda Page 27 of 390 MOAB CITY L5-1 Public Hearing SEWER IMPACT FEE ANALYSIS ERUs. This is done for both collection and treatment facilities. Calculated impact fees by component are summarized in Tables ES-1 and ES-2. Table ES-1 covers the cost of impacts on collection and treatment facilities from growth within the Moab City service area. Table ES-2 covers impact fees for capacity associated with agencies outside the City. Table ES-1 Impact Fee Calculation per ERU — Moab City Service Area System Components Total Cost of Component % Serving 10-year Growth Cost Serving 10- year Growth 10- year ERUs Served Cost Per ERU Collection Facilities Existing Facilities $4,151,529 4.71% $195,671 632 $309.59 Existing Facility Interest Costs Outstanding $0 0.00% $0 632 $0.00 10-year Projects $2,489,200 15.94% $396,799 632 $627.82 10-Year Project Interest Costs $0 0.00% $0 632 $0.00 Credit for User Fees Paid Toward Existing $0.00 Subtotal $6,640,729 $592,470 $937.41 Treatment Plant Existing Facilities $0 0.00% $0 706 $0.00 Existing Facility Interest Costs Outstanding $0 0.00% $0 706 $0.00 10-year Projects $16,320,595 4.42% $721,782 706 $1,022.33 10-Year Project Interest Costs $1,776,681 5.08% $90,308 706 $127.91 Credit for User Fees Paid Toward Existing -$574.13 Subtotal $18,097,276 $812,090 $576.11 BOWFN COI LINS & ASSOCIATES ES-2 Agenda Page 28 of 390 MOAB CITY L5-1 Public Hearing SEWER IMPACT FEE ANALYSIS Table ES-2 Impact Fee Calculation per ERU — Other Agencies Service Area System Components Total Cost of Component 0/0 Serving 10-year Growth Cost Serving 10- year Growth 10- year ERUs Served Cost Per ERU Collection Facilities Existing Facilities $4,151,529 2.39% $99,231 1,508 $65.80 Existing Facility Interest Costs Outstanding $0 0.00% $0 1,508 $0.00 10-year Projects $2,489,200 28.12% $700,082 1,508 $464.19 10-Year Project Interest Costs $0 0.00% $0 1,508 $0.00 Credit for User Fees Paid Toward Existing $0.00 Subtotal $6,640,729 $799,313 $529.99 Treatment Plant Existing Facilities $0 0.00% $0 1,744 $0.00 Existing Facility Interest Costs Outstanding $0 0.00% $0 1,744 $0.00 10-year Projects $16,320,595 10.93% $1,783,176 1,744 $1,022.33 10-Year Project Interest Costs $1,776,681 12.56% $223,108 1,744 $127.91 Credit for User Fees Paid Toward Existing -$362.38 Subtotal $18,097,276 $2,006,284 $787.86 Utah Code also allows for the cost of planning and engineering associated with impact fee calculations to be recovered as part of an impact fee. The final impact fee will include the cost of this study as summarized in Table ES-3. Table ES-3 Impact Fee Costs Associated with Studies per ERU System Components Total Cost of Component % Serving 10-year Growth Cost Serving 10- year Growth 10- year ERUs Served Cost Per ERU Impact Fee Studies $24,870 100.00% $24,870 2,158 $11.53 Subtotal $24,870 $24,870 $11.53 The total impact fee per ERU can be calculated by adding up the fee for each type of system component. BOWFN COI LINS & ASSOCIATES ES-3 Agenda Page 29 of 390 MOAB CITY L5-1 Public Hearing SEWER IMPACT FEE ANALYSIS Recommended Impact Fee Total calculated impact fees for 2016 and 2017 for different user types are summarized in Tables ES-4 and ES-5 for the Moab City and Other Agency service areas respectively. Information regarding calculation of impact fees in future years can be found in the body of the full report. This is the legal maximum amount that may be charged as an impact fee. This is separate from any additional charges levied by the City for hookup costs or for other reasonable permit and application fees. Table ES-4 Recommended Impact Fee, 2016 and 2017 - Moab City Customer Type Units # Flow ERUs per Unit # Treatment ERUs per Unit Flow Impact Fee per Unit* Treatment Impact Fee per Unit Total Impact Fee per Unit Permanent Residential Single Family Residence 1.00 1.00 $949 $576 $1,525 Multifamily, 2 Bedrooms or Larger Unit 1.00 1.00 $949 $576 $1,525 Multifamily, 1 Bedroom or Smaller Unit 0.56 0.56 $531 $323 $854 Overnight Accommodations Rental Unit with Kitchen, 2 Bedrooms or Larger Unit 1.20 1.20 $1,139 $691 $1,830 Rental Unit with Kitchen, 1 Bedroom or Smaller Unit 1.00 1.00 $949 $576 $1,525 Hotel/Motel (No Kitchen) Unit 0.78 0.78 $743 $451 $1,194 Other Auto Repair 1,000 ft2 0.16 0.16 $153 $93 $246 Bakery 1,000 ft2 0.53 5.00 $499 $2,881 $3,380 Bank 1,000 ft2 0.50 0.50 $474 $288 $763 Beauty/Barber Shop Chair 0.25 0.25 $237 $144 $381 Campground Campsite 0.79 0.79 $746 $453 $1,199 Car Wash - Auto Each 10.00 5.00 $9,489 $2,881 $12,370 Car Wash - Wand Wand 5.00 2.50 $4,745 $1,440 $6,185 Commercial 1,000 ft2 0.15 0.15 $146 $89 $235 Dry Cleaner 1,000 ft2 0.59 0.37 $558 $213 $772 Fast Food 1,000 ft2 2.86 4.76 $2,711 $2,743 $5,455 Gas Station/Convenience Store 1,000 ft2 0.28 0.28 $264 $160 $424 Grocery Store 1,000 ft2 0.32 0.32 $306 $186 $492 Laundromat Washer 0.71 0.33 $678 $192 $870 Office 1,000 ft2 0.25 0.25 $237 $144 $381 Restaurant Seat 0.09 0.21 $90 $123 $212 Retail 1,000 ft2 0.15 0.15 $146 $89 $235 Schools Students 0.07 0.07 $63 $38 $102 Theater Seat 0.007 0.007 $7 $4 $11 Warehouse 1,000 ft2 0.11 0.11 $100 $61 $161 *Includes study related costs. BOWFN COI LINS & ASSOCIATES Agenda ES-4 Page 30 of 390 MOAB CITY L5-1 Public Hearing SEWER IMPACT FEE ANALYSIS Table ES-5 Recommended Impact Fee, 2016 and 2017 - Other Agencies Customer Type Units # Flow ERUs per Unit # Treatment ERUs per Unit Flow Impact Fee per Unit* Treatment Impact Fee per Unit Total Impact Fee per Unit Permanent Residential Single Family Residence 1.00 1.00 $542 $788 $1,329 Multifamily, 2 Bedrooms or Larger Unit 1.00 1.00 $542 $788 $1,329 Multifamily, 1 Bedroom or Smaller Unit 0.56 0.56 $303 $441 $744 Overnight Accommodations Rental Unit with Kitchen, 2 Bedrooms or Larger Unit 1.20 1.20 $650 $945 $1,595 Rental Unit with Kitchen, 1 Bedroom or Smaller Unit 1.00 1.00 $542 $788 $1,329 Hotel/Motel (No Kitchen) Unit 0.78 0.78 $424 $617 $1,041 Other Auto Repair 1,000 ft2 0.16 0.16 $87 $127 $214 Bakery 1,000 ft2 0.53 5.00 $285 $3,939 $4,224 Bank 1,000 ft2 0.50 0.50 $271 $394 $665 Beauty/Barber Shop Chair 0.25 0.25 $135 $197 $332 Campground Campsite 0.79 0.79 $426 $619 $1,045 Car Wash - Auto Each 10.00 5.00 $5,415 $3,939 $9,354 Car Wash - Wand Wand 5.00 2.50 $2,708 $1,970 $4,677 Commercial 1,000 ft2 0.15 0.15 $83 $121 $205 Dry Cleaner 1,000 ft2 0.59 0.37 $319 $292 $610 Fast Food 1,000 ft2 2.86 4.76 $1,547 $3,752 $5,299 Gas Station/Convenience Store 1,000 ft2 0.28 0.28 $150 $219 $369 Grocery Store 1,000 ft2 0.32 0.32 $175 $254 $429 Laundromat Washer 0.71 0.33 $387 $263 $649 Office 1,000 ft2 0.25 0.25 $135 $197 $332 Restaurant Seat 0.09 0.21 $51 $168 $219 Retail 1,000 ft2 0.15 0.15 $83 $121 $205 Schools Students 0.07 0.07 $36 $53 $89 Theater Seat 0.007 0.007 $4 $5 $9 Warehouse 1,000 ft2 0.11 0.11 $57 $83 $140 *Includes study related costs. BOWFN COI LINS & ASSOCIATES ES-5 Agenda Page 31 of 390 MOAB CITY L5-1 Public Hearing AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 25, 2017 Agenda ltem #: 5-2 Title: Public Hearing on Proposed Ordinance #2017-10 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab 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 January 23, 2017. I then certified the annexation on February 23, 2017 and advertised the protest period. The protest period ended on April 10, 2017 and no valid protests were received. The next step in the process is to hold a public hearing. 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 April 25, 2017. Recommended Motion: I move to approve item # 7-1 Attachment(s): Proposed Ordinance #2017-10 Annexation Petition Notice of Certification Annexation Checklist Planning Staff Annexation Policy Review Planning Commission Resolution Agenda Page 32 of 390 5-2 Public Hearing ORDINANCE #2017- l 0 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING THE WINKLER PROPERTY ON 1520 NORTH HIGHWAY 191 TO THE CITY OF MOAB WHEREAS, on January 10, 2017, the Moab governing body received a petition for annexation of certain property approximately 7.02 acre in size as described in Exhibit "1" hereto; and WHEREAS, the property has been proposed for development with multi -family residential uses, an allowed use in the requested zoning designation; and WHEREAS, the City Recorder on February 23, 2017, certified that the application complies with applicable law of the State of Utah and the Moab Municipal Code; and WHEREAS, the Moab Planning Commission reviewed the application in a public meeting held on March 9, 2017 to review the annexation and the requested zoning for RC (Resort Commercial) Zone and found that the zone is acceptable for the types of uses proposed for the area; and WHEREAS, as required by law, 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; 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 and 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 Winkler Annexation, as described in "Exhibit 1" and illustrated on the attached plat, "Exhibit 2", and located at 1520 North Main Street, is hereby annexed into the City of Moab and the zoning designation, upon recommendation from the Planning Commission for said annexation, shall be RC Zone. This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. Ordinance #2017-10 Agenda Page 33 of 390 Page 1 of 4 5-2 Public Hearing PASSED AND APPROVED THIS DAY OF , 2017. ATTEST: Rachel Stenta City Recorder David L. Sakrison Mayor Ordinance #2017-10 Agenda Page 34 of 390 Page 2 of 4 5-2 Public Hearing 11•0101 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 PYMT RECO CRY OF MOAB JAN 3 2017 AMT D 'Rec. «3353 PETITION FOR ANNEXATION Petition date: December 22, 2016 ; delayed to January 10, 2017 Petition Description (Approximate Address): 1520 N. Main, Moab, UT 84532 Contact Sponsor Name' Legacy Design Group, Craig Larsen 598 West 900 South, Suite 102 Contact Sponsor Mailing Address: Woods Cross, UT 84010 Contact Sponsor Phone Number: 605.725.5257; 801.599.0757 We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Printed Name 1. Robin Winkler Mailing Address Signature 6300 N Sage Wood Dr. Suite H-355 Park City, UT 84098 �(AAKO--` 12/27/2016 2. 3. 4. 5. 6. 7. 8. 9. c� C a) Cu0 Q Moab City Code 17.12.150 Moab City - Annexation Petition Page 35 of 390 5-2 Public Hearing SALT LAKE ACCO M DATI O N NO 338 LLC 01-126-0012 cG ti Ci T c'� .s• y 47% d USA S 89°54'00" E 717,43' ROBIN WINKLER 01-126-0010 305,654 Sq. Feet 7.02 Acres SOUTH QUARTER CORNER SECTION 26, T255, R21E, SLB&M GRAPHIC SCALE 100 0 50 100 1"(INCH)= 100' (FEET) MAC ANNEXATION MAP MOAB CITY, GRAND COUNTY, UTAH .00• �O " 03 PALLADIUM FOUNDATION 01-126-0003 PALLADIUM FOUNDATION 01-126-0137 5 89°55'54" E BASIS OF BEARING SOUTHEAST CORNER SECTION 26, T255, R21E, SLB&M APPROVED BY MOAB CITY MAYOR APPROVED CITY RECORDER APPROVED Surveyor's Certificate 1, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the State of Utah and that I hold license no. 7540504. I further certify that a land survey was made of the property described below, and the findings of that survey are as shown hereon. ANNEXATION DESCRIPTION A parcel of land within the Southeast Quarter of Section 26, 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 Northerly Right -of -Way of U.S. Highway 191, also being on the Moab City Limits as recorded with the Grand County Recorder Book 737 Page 624, Said point bears North 38°53'00" East 803.98 feet (Record=803.7 feet) from the South Quarter corner of Section 26, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 47°40'00" West 695.11 feet along the city limits; thence North 00°29'19" West 224.99 feet along city limits to a corner; thence South 89°54'00" East 717.43 feet to a corner; thence South 16°15'00" West 720.63 feet to the point of beginning. Contains 305,654 sq. ft. OR 7.02 acres Lucas Blake License No. 7540504 COUNTY SURVEYOR APPROVAL: APPROVED THIS DAY OF 2016 A.D. BY COUNTY SURVEYOR COUNTY RECORDER NO. STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF DATE BOOK PAGE FEE COUNTY RECORDER LOCATED IN THE SOUTHEAST QUARTER OF SECTION 26 TOWNSHIP 25 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN ANNEXATION MAP 1520 N MAIN ST. MOAB, UT 84532 Land Surveying 4290 2lvrcm,an lane Maab, UT 64532 4352603"04 Project 185-16 Date 12/21/16 Sheet 1 of 1 l Page 36 of 390 5-2 Public Hearing N OTI CE OF PROPOSED AN N EXATI ON ( CORRECTED) Notice is hereby given that a petition has been filed with the City of Moab, Utah, to annex 7.02 acres, more or less, of property located at approximately 1520 North Main Street, and more particularly described as follows: A parcel of land within the Southeast Quarter of Section 26, 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 Northerly Right -of -Way of U.S. Highway 191, also being on the Moab City Limits as recorded with the Grand County Recorder Book 737 Page 624, Said point bears North 38°53'00" East 803.98 feet (Record=803. 7 feet) from the South Quarter corner of Section 26, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 47°40'00" West 695.11 feet along the city limits; thence North 00°29'19" West 224.99 feet along city limits to a corner; thence South 89°54'00" East 717.43 feet to a corner; thence South 16°15'00" West 720.63 feet to the point of beginning. Contains 305,654 sq. ft. OR 7.02 acres Said petition was received by the Moab City Council on January 10, 2017 and certified by the Moab City Recorder on February 23, 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 Agenda Page 37 of 390 5-2 Public Hearing 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; 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 April 10, 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 23rd day of February, 2017. /s/ Rachel Stenta City Recorder Published in the TIMES INDEPENDENT April 6 and 12, 2017. Agenda Page 38 of 390 5-2 Public Hearing AN\EXATI ST /Y_C IIC VFRW 7 o% 25% so% 75% wog SFCNSCR I All CN • Legacy Design Group (Owner Robin Winkler) • Craig Larsen • 598 West goo South • Woods Cross, UT 84010 • 605-725-5257 • 80i-599-0757 ITEM CETAI LS Completed Petition Received 10-Jan-17 Address (adjacent to City Limits) 152o North Main Street f Contact Name Craig Larsen Contact Phone # 8o1-599-0757 f Copy of Petition mailed to County Clerk & PC by applicant io-Jan-17 Notice of PC Meeting posted on property f City Council Acceptance/Denial 23-Jan-17 Notice of Denial Mailed n/a f Planning Commission Review g-Mar-17 Recommended Zone RC f PC Annexation Review Received 10-Mar-17 Certification Date 23-Feb-17 f Notice of Certification to City Council io-Mar-17 Notice of Certification to Affected Entities lo-Mar-17 f Notice of Certification Published 03/16 to 03/30/17 Protest Period Ends lo-Apr-17 f Protests Received City Council Agenda to Set Public Hearing 11-Apr-17 f Ordinance # 2017-18 Public Hearing Date 25-Apr-17 f 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 Agenda Page 39 of 390 5-2 Public Hearing 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: March 9, 2017 Re: Legacy Design Group Annexation Review Mayor: David L. Sakrison Council: Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd PL-17-33 Background The sponsor of this annexation is Craig Larsen of Legacy Design Group and the property owner is Robin Winkler who owns the 7.02-acre (305,654 square feet) property at 1520 North Main Street. The property is located on the east side of Hwy 191 and is undeveloped with current Grand County zoning of RR, Rural Residential. The following exhibits indicate the lot shape and location. As illustrated (below), the lot is a four-sided polygon shape that is located across from the intersection of North Main Street (Hwy 191) and River View Drive. Proposed Legacy Group Annexation 0 50 100 zoo Feet 1 inch = 100 feet Legend _.1 current cry omits Proposed Legacy croup annexe ion Ovmerenlp Percels Agenda Page 40 of 390 5-2 Public Hearing 2 This requested annexation does not create a peninsula or island and the property is located within the adopted Annexation Area. The property owner is requesting that a zoning designation of RC, Resort Commercial Zone, be applied to the property in preparation of development of the lots with non-residential development. The surrounding adjacent zoning to the north, east, and south is Grand County, RR, Rural Residential. To the west is RC, Resort Commercial Zoning. Proposed Legacy Group Annexation 0 300 600 1 inch = 500 feet Legend 1,200 1tt�lil Current Cit Limits Feet �I�P�ip y Proposed Legacy Group Annexation Ownership Parcels Evaluation Moab Municipal Code Section 1.32.030 applies to the evaluation of the proposed Legacy Design Group 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: Agenda Page 41 of 390 5-2 Public Hearing 3 • The annexation must be contiguous to Moab City Limits. The property is adjacent to City Limits. • The annexation must maintain contiguity through the entire area to be annexed. The property is a single lot. • 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. This annexation will not create a peninsula or island. • The annexation must be initiated by a petition that meets all state requirements- the petition has been certified by the City Recorder to meet all state requirements. This property 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 2039-23) Current Lamps Ownership.p Parcels 0.5 1 Inch equals 0.5 miles Miles 2 Agenda Page 42 of 390 5-2 Public Hearing 4 The following table indicates the types of uses allowed in the RC Zone. R-C Zone -City (17.31.020) Accessory buildings and uses Bed and breakfasts Caretaker or guard residence, accessory Custom personal services Dwelling, duplex Dwelling, single-family Dwelling, multi -family Municipal facilities and services Gasoline service station, subject to the supplementary regulations of Section 17.31.050(B) General retail (indoors) Hotel or motel Office, business or professional Restaurant, general Recreational vehicle/travel trailer park, subject to the supplementary regulations of MMC Sec 17.31.050(C) Outdoor recreational uses, commercial Outfitters and guide services and facilities 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 sqft) per single residential dwelling. The allowed uses upon acceptance of the RC, are spelled out in the table of uses above (MMC Section 17.31.020). c) The Assessed Valuation of the Property Property Use Area Total acres Valuation Winkler Commercial 305,654 sq ft 7.02 342,486.00 d) The Potential Demand for Municipal Services, Especially Those Requiring Capital Improvements. The City will be the provider of water, sanitary sewer, and law enforcement services to the annexed property. Pre -annexation Agreements with the Petitioner will cover the provision of services to the Legacy Design Group Annexation. Water: Water service will be provided by the City. Any costs for additional development that requires extensions of main or 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. Agenda Page 43 of 390 5-2 Public Hearing 5 Sanitary Sewer: Sewer service will be provided by the City. Any costs for additional development that requires extensions of main or service lines will be paid by the developer and impact fees and connection fees will be due. All design and installation of sanitary sewer systems are approved by the public works and engineering departments. Onsite Roads: The developer will design any features of public streets such as access to the property to comply with the construction design standards for public improvements. Trails: Trails are not proposed for the area at this time. e) Recommendations of Other Local Government Entities Regarding the Potential Impact of the Annexation Grand County must respond to the appropriateness of the annexation. f) Potential land use contribution to the Achievement of the Goals and Policies of the City. With any commercial development comes possible benefits of increased revenue from sales tax. The Transient Room Tax benefits the county and to a lesser extent, the City, but the tax has advanced the efforts of the Travel Council. 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 (d) shall be in place prior to the annexation. i) New Annexations should create areas in which services can be provided efficiently. This annexation will not create a geographically isolated area that would make service impossible to provide. While utilities are not on the property, they can be extended to meet the needs of the applicant. Agenda Page 44 of 390 5-2 Public Hearing 6 j. Tax Consequences for Affected Entities. A proposed commercial use will provide additional tax revenue for use by the community. Projected Population based on residential uses: Use Property Gross area Required Lot area per d/u Current Residents Total allowable units Potential Number of Residents SFR 305,654 sq ft 10,890 sq ft 0 28 units 681-862 Dwelling, duplex 9,000 sq ft/unit 33 units 801-1022 Dwelling, multi- family a2,500 sq ft/unit 122 units 2961-3782 'Average household size=2.43 2Average Family Size=3.1 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. 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. Agenda Page 45 of 390 5-2 Public Hearing 7 (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. (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 Agenda Page 46 of 390 5-2 Public Hearing 8 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. 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 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 a part of an unincorporated island 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: Agenda Page 47 of 390 5-2 Public Hearing 9 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 has no objection to this 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 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. Agenda Page 48 of 390 5-2 Public Hearing 10 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. 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. Agenda Page 49 of 390 5-2 Public Hearing 11 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 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 Agenda Page 50 of 390 5-2 Public Hearing 12 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 (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. 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; Agenda Page 51 of 390 5-2 Public Hearing 13 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; 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. Agenda Page 52 of 390 5-2 Public Hearing 14 General Plan Annexation Area Boundary Legend General Plan Annexation Area (Ordinance 2008-23) urrent City Llmlts Ownership Parcels 05 1 inch equals 0.5 miles 2 Miles Agenda Page 53 of 390 5-2 Public Hearing ark Op �14 MOAB MOAB PLANNING COMMISSION MEETING March 9, 2017 Agenda Item #3 PL-17-34 Title: Review and Approval of Resolution 1.1-201.7 Recommending to Council an Annexation Request of 7.o2 Acres Located at 152o North Main Street (Hwy 191) as Submitted by Legacy Design Group, and a Recommendation for the Request of RC, Resort Commercial, Zoning of the Property Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Applicant: Legacy Design Group for Robin Winkler Background/Summary: The city received an application for annexation of an undeveloped 7.02 acre parcel located at 1520 North Main Street on the east side of Highway 191 in unincorporated Grand County. The total parcel area of the proposed annexation is 305,654 square feet and the applicant is requesting a zoning designation of RC, Resort Commercial for non-residential development to occur on the property. 1 Issues This proposed area for annexation is not part of an unincorporated peninsula or island. Approval of the annexation will not create an island. The parcel is located in the Annexation Area adopted by the city. (The attached review contains the appropriate Code sections.) Options: The Planning and Zoning Commission can: 1. Recommend that the application and requested zoning (RC) be reviewed and approved by Council, 2. Recommend that the application not be approved and state the reasons. Staff Recommendation: Staff recommends that the Commission adopt Resolution 11-2017 favorably referring the application for annexation and the requested RC Zoning to Council for approval. Recommended Motion: I move to adopt Resolution #11-2017 and favorably refer to City Council the annexation of the 7.02-acre tract and recommend approval of the requested RC, Resort Commercial Zone. Attachments) Survey Aerial Certification Policy Plan Review Agenda Page 54 of 390 5-2 Public Hearing Planning Resolution #11-2017 A RESOLUTION FAVORABLY RECOMMENDING TO COUNCIL ORDINANCE #2017-09, APPROVING THE ANNEXATION OF THE WINKLER PROPERTY AT 1520 NORTH MAIN STREET AND THE REQUEST FOR RC ZONING WHEREAS, the City of Moab (City) received an application to annex property located at 1520 North Main Street (Property) from Craig Larsen of Legacy Design Group, with offices at 598 West 900 South, Woods Cross, Utah 84010, acting on behalf of Robin Winkler (Owner of Record), of the 7.02 acre (305,654 square feet) parcel described below as: A parcel of land within the SE 1/4 of Section 26, T25 South, Range 21 East, SLB&M, Grand County, Utah being more particularly described as follows: Beginning at a point on the Northerly Right-of-way of U.S. Highway 191, also being on the Moab City Limits as recorded with the Grand County Recorder Book 737 Page 624, Said point bears north 38°53'00" East 803.98 feet (Record=803.7 feet) from the South Quarter corner of Section 26, Township 25 South, Range 21 East, SLB&M, and running thence North 47°40'00" West 695.11 feet along the city limits; thence north 00°29' 19" West 224.99 feet along city limits to a corner; thence South 89°54'00" East 717.43 feet to a corner; thence South 16°15'00" West 720.63 feet to the point of beginning. Contains 305,654 square feet or 7.02 acres. WHEREAS, Property is currently zoned by Grand County as RR, Rural Residential, and requires a minimum lot size of one acre (43,560 Square feet); and WHEREAS, Property is not part of a peninsula or island as defined in Utah State Code, UCA 10-02-402, and Property is located within the Annexation Area as described in Moab Municipal Code Chapter 1.32, City Annexation Policies and Procedures; WHEREAS, Property is currently undeveloped; and WHEREAS, Owner, as sole owner of Record has submitted, through her agent, an application for annexation with the necessary documents and exhibits; and WHEREAS, the Commission reviewed the application in a public meeting held on March 9, 2017, to review the proposed annexation and through adoption of Planning Resolution #11-2017, favorably referred the application and requested zoning of RC, Resort Commercial, to City Council with a 5 -0 vote; and WHEREAS, the Commission reviewed the uses of the RC Zone and determined that the amendment to the zoning map is in the best interests of the City; and WHEREAS, having evaluated the evidence, the Commission concluded that the annexation of the described property was an acceptable amendment to the Corporate limits of the City of Moab; and WHEREAS, the Commission found that the City, has satisfactorily met the elements of Code Chapter 1.32.010, Annexation petition, as follows: The Property: Agenda Page 1 of 2 Page 55 of 390 5-2 Public Hearing 1. Is undeveloped; 2. Will receive delivery of municipal services; 3. Is within the Municipal Annexation Area Boundary; and 4. Is not a part of an island or peninsula as defined by Utah State Code. AND, 1. The proposed RC zoning classification is compatible with surrounding uses; 2. Adequate facilities can be extended to serve the type and scope of the development suggested by the proposed zoning classification; and 3. The annexation application and requested RC Zone conforms to provisions of the Moab Municipal Code. NOW, THEREFORE, The Planning Commission of the City of Moab, Utah, having considered Staff recommendations and held discussions of the pertinent aspects of the annexation petition, with the adoption of Resolution 11-2017, favorably refers Ordinance #2017-09 the request for annexation and the application of the RC Zone to 1520 North Main Street to City Council for review and approval. Laura Uhle Chair Date Agenda Page 2 of 2 Page 56 of 390 5-2 Public Hearing MOAB CITY COUNCIL MEETING April 25, 2027 Agenda Item #: 6-1 r Title: Approval of a Residential Neighborhood Street Vendor License for Dennis Dressler, d.b.a. Weely Cool to conduct a pedal powered tricycle selling pre- packaged ice cream treats for a term of June 1, 2017, to September 30, 2017 and April 1, 2018 to May 31, 2018. Fiscal Impact: N/A Staff Presenter(s): Jennie Ross, Treasurer Department: Treasurer/Planning � Applicant: Dennis Dressler Background/Summary: This application is for a Street Vendor license. The applicant was approved in 2009-2011 for a Peddler License. There were no issues with the previously approved license. Staff has reviewed the proposed application and finds that it meets the requirements of our vendor ordinance, including a release for the City to receive background check information. The background check is complete and reveals no disqualifying information. 1 Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of a Street Vendor License for Dennis Dressler. Recommended Motion: I move to approve a Street Vendor license for Dennis Dressler, d.b.a. Weely Cool. Attachment(s): Vendor Application Memo from Acting Police Chief regarding the background check Agenda Page 57 of 390 6-1 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) 259.5121 I FAX (435) 259.4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $ (AS DETERMINED BY RESOLUTION) LICENSE #: ZONE: BUSINESS NAME: tit) eel,, Coo BUSINESS MAILING ADDRESS: 14C - `64- G d x Mg CITY e-mail address: W e e ij GO 1 e, CI IMA 1 14 C.0 r11 Location(s) where business will be conducted: `J Attach agreement of authorization from property owner(s) i ,r 1 �� including employee use of Restroom Facilities r 1,d(J1 `` Length of time and/or specific dates business will be conducted: GI IA4�Qh7 art of Proposed o operation: dh f t 11 a01 ct BUSINESS PHONE: 4-3 5 3G 7 1 10 �I-- Ala V�tkW STATE: LLT zip: 84-532 �a,I/on: Type (see definitions): LN Cart,.E Vehicle ❑ DisplayCatus Vendor Type (see definitions): LM Street Vendor ❑ Sidewalk Vendor ❑ Private Property Vendor ❑ Local Vendor 0 Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: Pr t- (r)p( e A ice Greta. Iv1 BUSINESS OWNER'S NAME: be Qn n I g+� re Vj ip e PHONE: 831158 4- 2;11 OWNER'S ADDRESS PC-I74 . W Q X. 7 J Q 8 CITY: Cart le k) U `'(3 y STATE: LIT zip: g 4 5 3 2 OWNER'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF 1DEN-ITY' J OWNER'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: e __, OPERATOR'S NAME (IF DIFFERENT FROM OWNER): PHONE: OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: ZIP: SALES TAX ID 11 (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FOR TAX ID: Weel� CdoI LLC 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 58 of 390 6-1 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 OF 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. I/WE De ri h l5 Ore ss leis HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INF RMATION CONTAIN D HEREIN IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION At W NER. I/WE AG TO FIL Et,/ HE PROPER REPORTS WITH THE STATE OF UTAH. 1 State of Utah County of Grand Signakne of ) § SUBCR1BED AND SWORN to before me this j y • day of PUBLIC DEFINITIONS: CARMELLA GALLEY Notary Public State of Utah Comm. No. 666544 Mi Comm Emirm Oa 21, 2019 ➢ 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. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. ➢ 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. ➢ 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 term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5:4* 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, dispiays, 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. 27/2013 T:iBUSINGSS LICENSEMBUS LIC FORALSUIus Lic - Vendor rerisoN.doce Page 59 of 390 6-1 Special Events/Vendors/ Beer Licenses VENDOR APPLICATION CHECKLIST CaI DESCRIPTION OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING: �TC DIMENSIONS OF THE STRUCTURE PHOTOGRAPHS OF STRUCTURE ❑ SITE PLAN TO A SCALE OF NOT LESS THAN 1/8"EQUALS ONE FOOT SHOWNG: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ 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 IMPACTING THE PROPERTY ❑ SIGN PLAN CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) flr BACKGROUND CHECK OF PROPOSING OPERATION IN A RESIDENTIAL ZONE) ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM O 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. _CT -ZONING COMPLIANCE EVIDENCE ./e- COMPLETE ATTACHED COMPLIANCE FORM ❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM.4GREEMENT El REFUSE/RECYCLING PLAN (IF APPLICABLE) • FIRE OR BUILDING INSPECTION (IF APPLICABLE) ❑ 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: 27/2013 T:IBUSWESSLICENSESWUSLICFORAISMusLic-Venelorrevison.Jocs Page 60 of 390 6-1 Special Events/Vendors/ Beer Licenses LICENSE APPROVALS kit MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED CI DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PL NNING APPROVED DISAPPROV REASON(S): CITY RECORDER ® APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: ® APPROVED 0 DISAPPROVED REASON(S): Fee Calculation: fB 73 G1 110 Q Mobile Vendor Fee Structure Adtpirlistrativs Fee* $6C0 Solid Wasi:e Fz..efFao,l vendors $1,} Limited Term (lessitNn 30:d:ays) $610 Long Term (1 onth 12 months) $70 `Waived for local vendors with permanent business address in Grand County 71201 rr1H1/51NESS LICL'NSES5BL•Sl.lC..f OVMSILlys tic - Vendorrevisondorc Page 61 of 390 one time fee per' month or partial mantis Fiat Fee (includes administratE c f „p_ r month (plus p�min flee) 6-1 Special Events/Vendors/ Beer Licenses CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: LI INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): L3 OTHER, PLEASE EXPLAIN: BUSINESS NAME: WfC'i/i j CjOC7 I p A 1 y Y /o r� +� BUSINESS ADDRESS: W C (Oa 6Gx $16 $ �Lf f le �J (� I 1 �'f S 7 L BUSINESS PHONE: O 6 — 32,1— 1104 OWNER'S NAME: TYPE OF BUSINESS (EXPLAIN IN DETAIL): Pe tta l - to Ib ere ol 1-f 6 C 1 C 6 ice 6 Veo2ev► vtovelt;e4>/ i Ce Ce.eanl (tih cin s jt, Fot C; 41 OVr Ka, Qe h n tS Dre-55 ler OWNERS PHONE 2 ` 15 3 - 4211 creq,m c;1 1eAS 5®l l iwi r 1 e- te die 6ar5 SaVia14;cUtaj Ci<L w►SITCko5) ivy 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: C' YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ® DISAPPROVED CI REASON: SIGNATURE FIRE INSPECTOR (435)259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: El YES ® NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ® DISAPPROVED REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 575 LANE CREEK BLVD INSPECTION REQUIRED: ❑ YES (ENO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED DISAPPROVED ❑ REASON: 07/01/0i Page 62 of 390 6-1 Special Events/Vendors/ Beer Licenses April 18, 2017 Dear City Council Members, My name is Dennis Dressler (19 Chamisa, Castle Valley) and I am writing to thank you very much in advance for the time you will take during the City Council meeting on April 25 to review my application for a Vendor's Business License to sell ice cream in the city under the name " Weely Cool" (formerly dba "The Ice Cream pedaler," 2009-11). My seasonal business, which would consist of a pedal -powered tricycle with a mounted ice box (please see attached photo), which I would pedal through our community's neighborhoods selling individually -wrapped ice creams (as well as a bit of nostalgia and lots of fun), has been re -born out of a few very simple ideas and goals: --the desire to be part of Moab's entrepreneurial business community --the desire to contribute to Moab's national standing as a "green" community, by developing a business that is non-polluting, pedal -powered, and eco-friendly --the desire to bring something of value to our community, especially to its children and families, by returning an old-fashioned, bell -ringing "ice cream man" to town --the desire to contribute to our local economy by purchasing goods and services in support of my business (e.g., freezers, dry ice, ice creams, tricycle service and maintenance, etc.) --the desire to once again be involved in the life, success, and happiness of our town. Feel free to call me (435-259-0394) if you have any questions you'd like me to address prior to the next Council meeting. I'd be happy to do so. Again, my thanks for the time you will take to consider my proposal. Best wishes, 1 4A1/6 rexk Dennis Dressler Page 63 of 390 6-1 Special Events/Vendors/ Beer Licenses Lary or moan 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To a filled out by theapplicant: OrBSS Nameof Applicant: i)/e M n 5 lee Business Name: oe.a �y cooi �J I40.4, flax 311=8 19 Clianiisa , Ga5.1-ie Ua l Address: Phone: 114 -' - 321' 1104- Property Owner: �e h n,s AJ re6s �Pl Email: 1.J ee� 1A I 84S3z 01 coni Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): Street Vendor O Sidewalk Vendor O Private Property Vendor O Local Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): l.pl Cart O Vehicle O Display Apparatus Detailed description of business activities: tola r rDLOffe 1N,-))4 i' 55 , 5e11;v9 pre — tat iq tie ot -1 022 ✓1 C r-e4vh i Ce 1.ea ,1 tl 5i e. PZ �tv r QH t0; � � 0 5 T �2 5� Icy c east � �, c�5 � O Food Vendor ice cet am Ir2i4S / ltid Ue 6ti�5 cry r1,5 Total number of off-street parking spaces: Hours of operation. am 6� To be filled out by city: Zoning: gtAr l4.� Allowed use per Moab Municipal Code section: NIA - Number of parking spaces required for permanent business. NIA Number of parking spaces required for other businesses: N! .oiling Administrator cu 110 Q Page 64 of 390 Date 6-1 Special Events/Vendors/ Beer Licenses M 73 c w to Q Vendor's Business License Application: Weely Cool Picture and Description for Ice Cream Cart My Weely Cool ice cream tricycle (pictured without business name/logo) is manufactured by Worksman Cycles —manufacturer of the original Good Humor tricycles dating back to the 1920s. Dimensions: OAL: 32" OAW: 35" Page 65 of 390 6-1 Special Events/Vendors/ Beer Licenses CITY OF MOAB INFORMED CONSENT AND RELEASE OF LIABILITY In connection with my application for a Vendor License with Moab City, I hereby authorize the forenamed agency as well as the Utah Bureau of Criminal Identification to investigate my past and present work, education, and law enforcement records to ascertain any and all information, which may be pertinent to licensing regulations. I do hereby release all person, firms, agencies, companies, groups or installations, whomsoever, from any damages of/or resulting from release shall function as an original. Signature of Applicant nature of Witness State of Utah } County of drArdi On the / 7- day of "1P r; 2 p i 1- T 3)chnis resthe the same. t)e/7 J r ,5 s Print Name of Applicant ate Print Name of Witness CANMELLA GALLEY Notary Public State of Utah Comm. No. 686544 My Comm. Expires Doc 28, 2019 My Commission Expires: c� ru 110 Q , personally appeared before me Date , who duly acknowledged to me that they executed Notary Public Residing in: 4„4Ah County Page 66 of 390 Special Events/Vendors/ Beer Licenses April 12, 2017 To whom it may concern, The criminal history report for Dennis Wayne Dressler pertaining to a license/ vendor permit application has returned with no history. No disqualifying information was found. a z c GJ Cu0 Q Page 67 of 390 Thank you, Steve Ross Acting Chief of Police 6-1 Special Events/Vendors/ Beer Licenses Agenda Summary Moab City Council Meeting April 25, 2017 PL-17-44 Agenda item #: 74 [Title: Consideration to Adopt Resolution #09-2017, Approving an Improvements Agreement for Moab Bolt, LLCP on Property Located in the C-1 Commercial Residential Zone at 245 W North Mi Vida Drive Staff Presenter(s): Jeff Reinhart, Planning Director Department: Planning and Zoning Applicant: Route 46, LLC (Tim Keogh) Background/Summary: The Planning Commission approved a site plan for Moab Bolt, a bicycle shop, which will be located at 245 W North Mi Vida Drive. The property is on the southwest corner of North Main Street (Hwy 191) and Mi Vida Drive and consists of .58 acres (25,336 square feet). The proposal is to construct a retail bike shop that is 2,700 square feet with the required parking, a prep/wash area, and landscaping. The site plan was approved on January 12, 2017 with the adoption of Planning Resolution 02-2017 with a condition: 1. Prior to the issuance of a building permit, the Applicant must execute a Development Improvements Agreement with the City of Moab defining all public improvements and off -site sanitary sewer improvements (already constructed) required with the project, and provide the appropriate performance and warranty guarantee amounts for those improvements. If Council approves the Agreement the condition is satisfied. Staff is responsible for ensuring the second condition is met. Staff Recommendation: Staff recommends that Council adopt Resolution #09-2017 and approve the agreement between Moab Bolt, LLC. Recommended Motion: I move to adopt Resolution #09-2017 to approve the Improvements Agreement between the City and Moab Bolt, LLC, and direct the mayor to sign the agreement. Attachment(s): Copy of Council Resolution #09-2017 Improvements Agreement with Attachments l Agenda Page 68 of 390 7-1 Consent Agenda CITY OF MOAB RESOLUTION #09-2017 A RESOLUTION APPROVING THE IMPROVEMENTS AGREEMENT FOR MOAB BOLT COMPANY ON PROPERTY LOCATED AT 245 W NORTH MI VIDA DRIVE WHEREAS, Matthew Hancock, and Wendell Williams, acting on behalf of Moab Bolt Company as "Owner" of record of Lots 9 and 10, Block E, Amended Portions of Plats A and B, Utex Subdivision and consisting of .58 acres (25,336 square feet) located in the C-1 Commercial Residential Zone at 245 W North Mi Vida Drive, Moab, Utah, applied for the approval of a commercial site plan on the described property; and WHEREAS, Owner is proposing to construct a retail and recreation service business that has a footprint of two thousand seven hundred square feet and adequate parking and landscaping as proposed on the submitted drawings, plans and specifications; and WHEREAS, the proposed uses are allowed in the C-1 as listed in Moab Municipal Code (MMC) Chapter 17.20.020, Use Regulations; and WHEREAS, Owner through its representatives, provided the City of Moab with the necessary documents, plans and drawings to complete the application for review of the commercial site plan as required in Code Chapter 17.09.660 and other pertinent code sections; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed and conditionally approved the development in a regularly scheduled public meeting for compliance with the requirements of applicable MMC chapters on January 12, 2017; and WHEREAS, the City of Moab Engineering and Public Works Departments, through a review of the submitted site plan for the development of said property, determined that required public improvements needed to be constructed for the project; and prior to the issuance of a building permit, the Applicant must execute a Development Improvements Agreement with the City of Moab for those improvements; and WHEREAS, Owner furnished cost estimates for required improvements and agrees to construct the improvements as attached to the Development Improvements Agreement as "Required Improvements". NOW, THEREFORE, be it resolved by the Moab City Council, with the adoption of Resolution #09- 2017, hereby approves the submitted Improvements Agreement (attached) for the Moab Bolt Bike Shop Project at 245 Williams Way and the Council directs the Mayor to sign the Agreement. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on February 14, 2017. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Agenda Page 69 of 390 7-1 Consent Agenda DEVELOPMENT IMPROVEMENTS AGREEMENT For Moab Bolt Company Commercial Development For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and Moab Bolt Co. ,LLC, a Utah limited liability company (Developer) mutually referred to as the "Parties", enter into the following Development Improvements Agreement (the Agreement), pursuant to Moab Municipal Code Section 17.09.660 et seq., to govern the development of the subject property and the installation of required improvements. I. RECITALS. A. On January 12, 2017 the City Planning Commission granted conditional site plan approval to the application by Developer for commercial development at 245 West, North Mi Vida Drive (the Project), subject to the following conditions: i. The Applicant must execute a Development Improvements Agreement defining all public improvements and off -site sanitary sewer improvements (already constructed) required for the project, and provide the appropriate performance warranty guarantee amounts for those improvements. ii. Prior to the start of construction, the Applicant must provide an approved Utah Department of Transportation (UDOT) Right-of-way Encroachment Permit for the construction of all curb, gutter, sidewalk, and other improvements to be constructed in the UDOT right-of-way. B. Developer has submitted to the City its preliminary design drawings, which show in sufficient detail the required improvements for the Project. II. AGREEMENT THE PARTIES AGREE AS FOLLOWS: 1. Covered Property. The recitals above are incorporated into the terms of this Agreement. The real property in the County of Grand, State of Utah, subject to this Agreement is described as set forth in below (the Property): Lots 9 and 10, Block E, Amended Portions of Plats A and B, Utex Subdivision; Parcel No. 01 M UT0088. 2. Payment of Fees; Approved Land Uses. Developer agrees to pay all in -effect City fees applicable to the Project, including but not limited to, impact fees, connection fees, building permit fees, and applicable inspection fees. Applicable fees shall calculated and paid, and service obligations established, at the time of connection, or the time when the service is performed. Developer shall comply with all required site plan approval r,,,,,i,+inns. Agenda Page 70 of 390 7-1 Consent Agenda a). The approved land use for the Project includes retail development and those uses authorized in the C-1 zoning district, Moab Municipal Code Chapter 17.20, as depicted in the Site Plan and Construction Drawings attached as Exhibit 1. 3. Required Improvements and Approvals. Developer shall construct all of the improvements on and adjacent to the Property shown in the Site Plan and Construction Drawings in Exhibit 1 (the Required Improvements), together with any other improvements necessary for lawful occupation of the Property. 4. Improvements to be Completed in Conformity with Construction Plans. All Required Improvements shall be constructed in a workmanlike manner and in conformity with the approved Construction Plans. No deviations from the Construction Plans shall be permitted, except as authorized in writing by the City Engineer upon a showing of good cause. In addition, all Required Improvements shall be completed in conformance with the City of Moab Public Improvement Specifications, building codes, and all state and federal regulations, as applicable. 5. Timeline for Completion; Deferred Improvements. Construction of the Required Improvements shall not commence until the Effective Date of this Agreement. Construction of all Required Improvements shall be completed within three hundred sixty five (365) days from the Effective Date of this Agreement, except as noted under subsection (c), below. a). A reasonable extension of time for the completion of the Required Improvements may be granted, at the discretion of the City Council, upon a showing by the Developer that there is good cause for an extension and that the work has been diligently prosecuted from the Effective Date of this Agreement. b). If the construction of the Required Improvements is not completed and accepted within the timelines specified herein, or as lawfully extended, then the development approvals shall be deemed lapsed and shall have no further effect. c). The parties agree that Certain improvements along the Highway 191 frontage, as set forth in Exhibit 2, attached (the Deferred Improvements), shall be postponed until such time as the Utah Department of Transportation (UDOT) completes certain highway frontage improvements adjacent to the subject Property. The UDOT improvements are currently scheduled for early 2019. Developer shall construct the Deferred Improvements immediately upon completion of the UDOT project improvements. To secure performance of its obligation as to the Deferred Improvements, Developer shall post a cash deposit in Agenda Page 71 of 390 7-1 Consent Agenda the amount THIRTEEN THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($13,850.00), which sum shall be held by the City pending the completion and acceptance of all Deferred Improvements. The cash deposit shall be paid within fifteen (15) days of the Effective Date of this Agreement. Upon completion and acceptance of the Deferred Improvements, as verified by the City, the City Treasurer shall be authorized to release the deposit to Developer. If Developer should fail to complete the Deferred Improvements as agreed the City may, in addition to all other remedies under this Agreement, draw on the cash deposit and apply same towards the discharge of any of Developer's obligations under this Agreement. d). Upon completion of the Deferred Improvements, the Developer shall deliver written notice of same to the City. The City shall inspect and verify the completion of the improvements and, if all improvements are completed in conformity with this Agreement, the Treasurer will release the Deferred Improvements Deposit to the Developer. Provided that all Deferred Improvements are completed, release of the Deferred Improvements Deposit shall occur no later than thirty (30) days from the date of written notice from Developer. 6. Occupancy. Except as provided with respect to the Deferred Improvements, supra, no Certificate of Occupancy shall be issued, and no occupancy shall commence, until such time as: i) all of the Required Improvements are completed in accordance with this Agreement and, with respect to public improvements, accepted by the City; and ii) all other performances required by this Agreement have been completed. 7. Acceptance of Public Improvements, Warranty. All of the Public Improvements shall be subject to quality assurance testing and inspection as specified in the Construction Plans and/or applicable reference standards. Developer or its authorized representative shall provide not less than forty (48) hours minimum notification to City when inspection is required. The costs associated with such testing and inspection shall be the responsibility of Developer. Any work which is rejected following inspection must be repaired or replaced at the sole cost of the Developer. Any work which is covered up prior to inspection may be rejected, in which case Developer shall be solely responsible for exposing the work and arranging for inspection. a). The acceptance by the City of the Public Improvements following completion and satisfactory inspection shall constitute a dedication and conveyance by the Developer to the City of all such improvements. Developer shall convey all public improvements to the City free and clear of any mechanic liens, claims, or other encumbrances. b). Developer warrants that all Public Improvements dedicated to the City shall be constructed of new materials, in a workmanlike manner, in accordance with approved plans and specifications, and that all such Agenda Page 72 of 390 7-1 Consent Agenda improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City. Developer shall promptly repair or replace any defective work following receipt of written notice under this warranty from the City. c). To partially secure this obligation, Developer shall deposit with the City the sum of TEN THOUSAND SEVENTY FIVE DOLLARS ($10,075.00), which sum is equal to ten percent (10%) of the construction cost, as described in Exhibit 1, for Public Improvements (the Warranty Deposit). The Warranty Deposit shall be delivered to the City no later than fifteen (15) calendar days from the Effective Date of this Agreement. d). The Warranty Deposit shall be paid by the Developer before issuance of a building permit. At the conclusion of the warranty period Developer may request in writing the refund of the Warranty Deposit. City staff shall review the request and, if there are no outstanding warranty claims, the Treasurer shall release the Warranty Deposit to the Developer no later than thirty (30) days from the written request. In the event of any default following delivery of written notice to Developer with respect to Developer's warranty obligations, the City may elect to draw upon the warranty deposit to cure, in whole or in part, any breach of warranty. e). Developer additionally warrants that all Public Improvements shall be delivered free and clear of any mechanic liens or other encumbrances. The City may require receipt of executed mechanic lien releases as a condition precedent to dedication of the Public Improvements. 8. Zoning Compliance; Permits. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of all Required Improvements. 9. Default, Remedies, Lapse of Site Plan. All provisions of this Agreement are material and any violation is grounds for declaration of default. Prior to invoking any remedies for default under this Agreement the City shall deliver written notice to the Developer describing the act, event, or omission constituting a default, and allowing Developer a period of thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. a). Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: i) proceeding against the Warranty Deposit; ii). withholding building permits, certificates of occupancy, or certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations or breach of this Agreement; iv) recording an affidavit of a Lapse of Site Plan, in whole or in part; v) commencing an action for damages —including damages for costs incurred in completing, repairing, or replacing Required Improvements or abating any violations; and/or vi) Agenda Page 73 of 390 7-1 Consent Agenda any other remedies available at law or equity, including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. b). The recording of an affidavit of Lapse of Site Plan by the City shall result in the lapse of all prior land use approvals and the voiding of the Site Plan as to the Property. 10. Recording. This Agreement shall be recorded in the Grand County land records and constitutes an encumbrance against the subject Property. The encumbrance provided by this Agreement may be released on mutual agreement of the parties should Developer elect to withdraw from the land use approvals specified herein, or when all provisions of this Agreement have been fully performed. 11. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Developer in the ownership or development of all or any portion of the Property. Assignment of this Agreement shall require the mutual approval of the City and the proposed assignee, in writing. a). This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. b). Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. c). The term "Agreement" includes this Development Improvements Agreement, all exhibits hereto, the Final Site Plan, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supersede all prior Agreements or representations, however evidenced. No modification to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. d). The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties agree that the exclusive venue shall be the Seventh Judicial District Court, Grand County, Utah. In any such proceedings arising under this Agreement, regardless of the denomination of the legal claims, the parties waive trial to a jury on all claims and agree that the action shall be decided by the court sitting without a jury. e). In any legal proceeding arising from this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. Agenda Page 74 of 390 7-1 Consent Agenda j)• f). This Agreement shall be governed by Utah law. a This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that: i. the Project is a private development; ii. the City of Moab has no interest in, responsibilities for, or duty to, third parties concerning any private improvements to the Property, and the City has no responsibility for public improvements unless/until the City accepts dedication pursuant to this Agreement; and iii. except as otherwise provided herein, Developer shall have full power and exclusive control of the Property. h). The provisions of this Agreement are severable, and if any portion should be held to be invalid or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. i). In the event of any legal dispute arising from this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, or by hand delivery or delivery by a reputable courier, and sent to the following addresses: City of Moab: 217 East Center Street Moab, Utah 84532 Attn: City Manager To Developer: Moab Bolt Co., LLC 111 Arches Drive Moab, UT 84532 Attn: Matthew W. Hancock k). Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. A notice sent by mail shall be deemed delivered no later than three (3) days from the date that it is mailed. I). Nothing in this Agreement shall be deemed to waive any governmental or other immunity to which the City is entitled under law. Agenda Page 75 of 390 7-1 Consent Agenda m). This Agreement is a valid and binding obligation executed after obtaining all necessary authority required of the Parties. 12. Indemnity. Developer shall indemnify and hold the City harmless with respect to any third party claims, including claims for property damage, injury, or death, and any demands, liabilities, causes of action, costs, or damages, including reasonable attorney's fees, that may arise from any act or omission of the Developer, its members, managers, employees, agents, or contractors in connection with the development of the Property or the performance of this Agreement. 13. Future Legislative Power. Nothing in this Agreement shall be construed to impair, limit, or abrogate the future legislative power or zoning authority of the City. 14. Minor Plan Amendments. The City Engineer shall have the authority to authorize in a writing designated as a Minor Plan Amendment such minor changes as to the location or configuration of improvements or the like where such changes may become necessary because of unforeseen site conditions, engineering difficulties, or design problems, provided that all such changes must be consistent with the overall intent and purpose of this Agreement. 15. Effective Date. The effective date of this Agreement is the date when it is signed by all Parties as set forth below. 16. Counterparts. This Agreement may be executed in separate original counterparts which, when combined, shall constitute the entire Agreement. List of Exhibits: 1. Site Plan, Cost Estimate, and Construction Drawings; 2. Engineer's Estimate of Deferred Improvements. THIS AGREEMENT has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by Developer as of the date(s) specified below. CITY OF MOAB: Mayor David L. Sakrison Date Agenda Page 76 of 390 7-1 Consent Agenda ATTEST: Rachel Stenta City Recorder DEVELOPER: MOAB BOLT CO., LLC Date Matthew W. Hancock, Manager Date Wendell F. Williams, Manager Date STATE OF UTAH COUNTY OF GRAND ) )ss. ) The foregoing Development Improvements Agreement was executed before me by the City of Moab, acting by and through Mayor David L. Sakrison, this day of , 201. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: Agenda Page 77 of 390 7-1 Consent Agenda STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing Development Improvements Agreement was executed before me by Rachel Stenta, Recorder of the City of Moab, this day of , 201 Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: STATE OF UTAH COUNTY OF GRAND The foregoing Development Improvements Agreement was executed before me by Moab Bolt Co, LLC, acting by and through Matthew W. Hancock, its Manager, this day of , 201. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing Development Improvements Agreement was executed before me by Moab Bolt Co, LLC, acting by and through Wendell F. Williams, its Manager, this day of , 201. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: END OF DOCUMENT— EXHIBITS TO FOLLOW Agenda Page 78 of 390 7-1 Consent Agenda ENGINEER'S ESTIMATE OF PUBLIC IMPROVEMENT CONSTRUCTION COST MOAB BOLT COMPANY CITY OF MOAB, UTAH 1/6/2017 ITEM NO. CONTRACT ITEM UNIT QUANTITY Unit Cost Total 1 NEW STANDARD 30" CURB & GUTTER WITH ATTACHED 6' WIDE x 4" THICK CONCRETE SIDEWALK PER PLAN, INC. SUBGRADE PREPARATION LF 200 $ 85.00 $ 17,000 2 NEW ACCESSIBLE RAMPED DRIVEWAY PER UDOT STANDARD DRAWING GW 4A, 7" THICK DRIVE PAD (24' DRIVEWAY WIDTH) EA 1 $ 1,500.00 $ 1,500 3 NEW ACCESSIBLE PEDESTRIAN ACCESS RAMP PER UDOT STANDARD DRAWING GW 5D EA 1 $ 1,000.00 $ 1,000 4 ASPHALT PAVEMENT PATCH (4" THICKNESS) PER MOAB CITY STANDARDS SY 350 $ 45.00 $ 15,750 5 AGGREGATE BASE COURSE (CLASS 6) (9" DEPTH) CY 90 $ 30.00 $ 2,700 6 AGGREGATE BASE COURSE (CLASS 2) (6" DEPTH) CY 60 $ 35.00 $ 2,100 7 CONNECTION TO EXISTING MANHOLE, INC. ALL FITTINGS EA 1 $ 500.00 $ 500 8 NEW 8" SEWER MAIN PER PLAN LF 350 $ 60.00 $ 21,000 9 NEW 48" SEWER MANHOLE EA 2 $ 4,000.00 $ 8,000 10 NEW 60" STORM DRAIN MANHOLE, INC. CONNECTION TO EXISTING 30" CULVERT AND ALL NECESSARY FITTINGS EA 1 $ 5,000.00 $ 5,000 11 NEW 35"x24" CMPA STORM DRAIN PER PLAN LF 151 $ 100.00 $ 15,100 12 NEW CONCRETE STORM DRAIN HEADWALL PER PLAN EA 1 $ 1,500.00 $ 1,500 12 3/4" WATER SERVICE, INC. TAPPING SADDLE, SERVICE LINE & METER PIT LF 120 $ 15.00 $ 1,800 13 4" SEWER SERVICE COMPLETE, INC. SADDLE, SERVICE LINE AND NECESSARY FITTINGS LF 390 $ 20.00 $ 7,800 Total Estimate $ 100,750 GOFF ENGINF:NNIN4 bUR,SYING INC Agenda F.BRialb 1 1 of 14 7-1 Consent Agenda J 0' 10 Am..A 3.21.3.20321430 01192...23 32.12.2 We) m[aenaniorino b3xwwq 1.12e12190114 391 a .1.1331.331332031V amodarrio V .012E3 WW1 111.1.93.0 m�� -OW NH .11313212. 1� mS 3NaIOUAMP. m 9134d LW -UN I - 53411111.1 - a 39002 .333.3 ---- 3S. 111311131. non 1u1xn 9 393) M. mans Imla am hanavmanau o =En 00s3 .rv11.3 33 �- - 9211//921 al11s113 - 9 NA..) 1 ¢3m3 a 131.1 arm n Y,ml a 2 �Irr h33mTwa 1e m-m mm.! 31.o 3. sn xuwm mn.mmo ma.ur re s mare 3wxs r auun n m wmunmme3 1.033 rmra.smd 3ua.a6coc momim x�w w seenTru ise3o un won ww uwnwm 3m 539112.330 iwels ,333235 n ti. 132 n, .3291. IRIMUISW1ewY1131'+ran�x � 0.vaeeVi e...9. ,m,a. 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CONTRACT ITEM UNIT QUANTITY Unit Cost Total 1 NEW STANDARD 30" CURB & GUTTER WITH ATTACHED 6' WIDE x 4" THICK CONCRETE SIDEWALK PER PLAN, INC. SUBGRADE PREPARATION LF 140 $ 85.00 $ 11,900 2 NEW ACCESSIBLE PEDESTRIAN ACCESS RAMP PER UDOT STANDARD DRAWING GW 5D EA 1 $ 1,000.00 $ 1,000 3 3/4" AGGREGATE BASE COURSE CY 20 $ 30.00 $ 600 4 2" AGGREGATE BASE COURSE CY 10 $ 35.00 $ 350 Total Estimate $ 13,850 GOFF Agenda EIS/iffir° 2 I: tit:[\4.I k11'[. til KV1.41`,. \4 7-1 Consent Agenda Agenda Summary Moab City Council Meeting April 25, 2017 PL-17-43 Agenda item #: 7-2 Title: Consideration to Adopt Resolution #27-2017, Approving the Vacation of an Unused City Water Line Easement on Property Located in Grand County at 2720 East Bench Road Staff Presenter(s): Jeff Reinhart, Planning Director Department: Planning and Zoning Applicant: Ned Dalton Background/Summary: Mr. Ned Dalton is requesting that the City vacate an unused City water line easement that extends into a portion of his property at 2720 East Bench Road located in unincorporated Grand County. The Easement was granted by Ned and Betty Dalton in 1993 and is recorded at Book 458, Page 75 (Entry Number 429835). City Public Works Staff has reviewed the request and are in support of the vacation of this easement. Resolution #27-2017 is attached for your review. Staff Recommendation: Staff recommends that Council adopt Resolution #27-2017 and approve the vacation of the unused water line easement located on the Dalton property. Recommended Motion: I move to adopt Resolution #27-2017 approving the vacation of the described unused water line easement on property owned by Ned and Betty Dalton located at 2720 East Bench Road. Attachment(s): Copy of Council Resolution #27-2017 Aerial Copy of Recorded 1993 Easement Agenda Page 94 of 390 7-2 Consent Agenda RESOLUTION # 27-2017 A RESOLUTION APPROVING THE VACATION OF AN UNUSED CITY WATER EASEMENT ON PROPERTY LOCATED AT 2720 EAST BENCH ROAD IN UNINCORPORATED GRAND COUNTY AS SUBMITTED BY NEWELL AND BETTY DALTON WHEREAS, Mr. Newell (Ned) and Betty Dalton of 2720 East Bench Road, Moab, Utah 84532, as "Owners" of a 7.2 acre lot located at the above address; and WHEREAS, in 1993 Owners granted a water line easement twenty (20) feet in width for "the installation, operation, maintenance, repair and replacement of a water pipeline"; and WHEREAS, the easement was intended to extend ten feet on either side of the following centerline: Beginning at a point on the grantors East property line, said point being South 1384.3 feet and West 1284.8 feet and South 3°08' East 10 feet from the Northeast corner of Section 22, Township 26 South, Range 22 East Salt lake meridian: and running thence north 89°43' West, parallel and adjacent to the property owners North property line, 257.2 feet, to the property owners West property line.; and WHEREAS, Owners have requested that the city vacate the unused easement; and WHEREAS, the request to vacate the easement was reviewed by the Public Works Department Director and Water Superintendent who determined that said easement was unnecessary; and WHEREAS, the City Council reviewed the requested easement vacation in a public meeting held on April 25, 2017; and WHEREAS, subsequent to the consideration of Staff recommendation, and pursuant to Council Resolution #27-2017, the City Council hereby finds, that the easement is unnecessary. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL THAT, the described easement on property owned by Newell and Betty Dalton located at 2720 East Bench Road, is hereby vacated. ADOPTED AND APPROVED by action of the Moab City Council in open session this 25th day of April, 2017. ATTEST: Rachel Stenta Moab City Recorder Dave Sakrison Mayor Agenda Page 95 of 390 7-2 Consent Agenda City of Moab Attn: Jeff Reinhart Concerning the easement on Ned Dalton's property on East Bench Rd. We think the easement was put there by mistake and wish to have it removed. We gave an easement on the property known now as Coyote Run, the easement did not extend on our property across the road from Coyote Run. The water line was run down the road so this easement is no longer needed. We wish to have it removed off our property Thank you.. Ned Dalton. a z a) Cu0 Q Page 96 of 390 7-2 Consent Agenda EASEMENT {nw NO..— A 15107S _ Pearow h-'foa9i 3,kt pM I 45g pa. 7[ p „,,/ckn— i'1Zi Maws. iY7ml.., . ftwarMenW Csady l Ac. Newell E. Dalton and Betty J. Dalton, hereby grant and convey to Moab City, a Utah Corporation, an easement for the installation, operation, maintenance, repair and replacement of a water pipeline and facilities with right of ingress and egress. A Permanent Easement 20 feet wide, 10 feet on either side of the following described centerline: Beginning at a point on the grantors east property line, said point being South 1384.3 feet and West 1284.8 feet and South 3' 08, East 10 feet from the Norhteast corner of Section 22, Township 26 South, Range 22 East, Salt Laker Meridian: and running thence North 89'43, West, parallel and adjacent to the property owners north property line, 257.2 feet, to the property owners west property line. - Together with a temporary construction easement, parallel and adjacent to the above described easement. Date this Aa day of Ai. , 1993. State of Utah ) County of Grand) On this /I u day of Q4/. 1993 beforle�lte, a notary public, per onally appeared(�// F# J dd��iiF�'ri�n� and and acknowl-dged that they were the above propert owners and executed the document above. �// Notary `,.y Page 97 of 390 75 NOTARY PUBLIC HELEN O. DAVIE 79e McCormick Moab, tire» 64532 My Commiemon Expiry December 12. 1923 STATE OF UTAB 7-2 Consent Agenda Teed 0017 00E leal 001, = Llou! 1. 00 001- 09 o opua6y .p.4asuoo z--/ ---------------------------- TueweseD JeTeAA uoijeC1 E661. NI 0094 325.98N .0'094 M.ZSa98S 7114'11 SZ00-ZZO-ZO SSOH2133 3311021V3 aLVJ31ddV V NOO A'09b 3.ZSo98 N dl 1Fi4 1&41o969 S Az---0--j— —' zrs't AL-M 6S1tt- z N 9� 'S8 Z400-ZZO-ZO A'SI 3.ZSc98N .LSf121L A IINIVd f A.L133 N011V0 x 331SfRLL f 4111.34314017V0 331S01313113M3N N011 V0 .I'£SS 3.£4o6S S — -X1.3-- O a re w 0 a .LNaKi SV3 SVMAS ® 1N3K3SV3 (WON Ad.N000 = 3 VLZZO I = AI .A3A2II1S 3.LIS NO NV RIM `Amid 3I SAIOI LVIIIdA 1I03 LZZO All IIS'PI ON S3/AWISSd 33I330 SA13032I003113H.L LLVD01 NI NLLSISSd 30 3SOd2Ifld ,E 3111103 A'I3'IOS S NI QPId SNI01.14I2I3S3Q 13321dd 311.L 14I0213 NAWIIQ SI .LVII SIRL .0'06Z HEMS S .0'06Z 3.£4a68 S 0£00-ZZO-ZO 1S0111.A1INIV3 NO11V0 'f A1L913 3111304S33.Lsnut NO1T CI ALMS 7' '3113M3N .0'06Z AA.07e68 N g£L'ZZ£I 3u8b.L£o68 S 8 ts a W 0 a 0-4L1 �Lz,8Lf1 MMEED N01V3H 3 IN01 NO1V3Hf1V 01'09Z MSbo68S A .; aZZI1 S9ZI ZZ NOI.LoaS tijtaNitit tl 1S A3A2I11S 13J2IVd aL1HM 213d 3NV1 NOIN16100 V SI SIH1 a.4.'6ri, 4Z00-ZZO-ZO 113d000 H SI01 VE413.94o6SS S101ILZe681,1 100I = I :TIVDS 8£'SLVSL = 3 t r£8ZZOI = AI -2 Consent Agenda W w O� Jeff Reinhart <jeff@moabcity.org> NED Dalton's water line easement Patrick Dean <pdean@moabcity.org> Tue, Apr 4, 2017 at 10:40 AM To: Jeff Reinhart <jeff@moabcity.org> Good Moming Jeff, This is in reference to the Dalton Property request to vacate existing Water Line easement. I have included an explanation from our current acting City Engineers finding on above mentioned easement. "i met with Levi Tuesday about the location of our 21 " waterline on the south side of the golf course. He described some city water markers indicating the location of the waterline. Two of these are shown on the attached map. The marker to the West is off this map. When I was out there surveying these with the GPS device that afternoon I met with Kenny from Grand Water, who said he used to work for the city and had seen the waterline near water marker 1. He said the marker had been moved 6-7 feet north when one of the fences there was put up. This also coordinates better with the center of the 1996 water easement on the east side of the map. What i heard from Levi and Kenny is reflected in the waterline's location shown on the map. Levi -1 have now located the water crossing Pack Creek and through the old White ranch according to the recorded easements and am pretty confident of its location. Returning to the easement, it appears that the waterline does not come close to the 1993 Dalton city water easement. This end of the Dalton properties was purchased in 1989, well after the 1975 purchase of their properties shown to the west. One possible explanation of the apparently mistaken location of the 1993 water easement is that it was thought that the north line of the parcel was the same as the south line of the golf course, instead of East Bench road. However unless the city potholes or uses our locating technology to accurately determine the true location of the pipe there is still some doubt. I recommend this before the council votes to vacate the easement. There was some discussion, apparently originating with the Dalton, that the 1993 easement related to the old city waterline that was in service previous to the 90's_ This is not the case. The history is that previous to 1957 the city owned the entire White ranch, which includes all the land shown on the map south of the golf course. We still lease the golf course land to the country club. When this huge property was sold to George White the city reserved the right to construct and maintain waterlines on it. This blanket easement was vacated on at least the Coyote Run property when the 1996 water easement was recorded. I hope that this discussion and recommendation were helpful." For the reasons stated above on the findings for this Vacation Request, I recommend that this easement be vacated for the Dalton property as requested. Patrick Dean Public Works Director Moab City, UT 84532 435-260-7619 [Quoted text hidden] f0 13 cu dA Q Page 100 of 390 7-2 Consent Agenda NED IDalton's water line easement 5 messages Levi Jones <Ijones@moabcity.org> To: Jeff Reinhart <jeff@moabcity.org> Cc: Patrick Dean <pdean@moabcity.org> Good aftemoon Jeff, I recommend that the easement on the Dalton property be vacated as well. Thanks! Levi Jones Water Superintendent City of Moab (435) 260-8046 Ijones@moabcity.org On Tue, Apr 4, 2017 at 8:57 AM, Jeff Reinhart <jeff@moabcity.org> wrote: Page 101 of 390 Jeff Reinhart <jefF@moabcity.org> Tue, Apr 4, 2017 at 11:55 AM 7-2 Consent Agenda Agenda Summary Moab City Council Meeting April 25, 2017 PL-17-58 Agendaltem #: 7-3 Title: Consideration to Adopt Council Resolution #27-2017, Approving Phase II of the Portal RV Master Planned Development on Property Located at 1261 North Hwy 191 in the RC, Resort Commercial Zone Staff Presenter(s): Jeff Reinhart, Planning Director Department: Planning and Zoning pplicant: Doug Sorensen Background/Summary: The Planning Commission reviewed this application in a regular meeting held on April 13, 2017. In a 5-0 vote, the Commission determined that the proposed final plan for Phase II is in agreement with the code and referred the plan to Council for approval. Portal RV was originally approved by Grand County in 2006 prior to annexation into the city. Much of the proposed development was vetted during the review process for the annexation and this property was a part of a much larger annexation that extended the city limits to the Colorado River. Upon annexation, the applicants desired to develop as a Master Planned Development so that lots could be sold to prospective buyers. Phase I was approved in April -May 2008 and the approving documents stated that each additional phase would follow MMC Section 17.65.070, that states, "Subsequent development phases shall be approved through final MPD approval process." The overall development plan of the 21.18-acre parcel, includes lots that may be purchased as a casita building site or be maintained as a recreational vehicle space. The units are managed and rented out by Portal RV. At one point in time, there were numerous tent sites on the property, but those have been removed in favor of the newer style of development. This "Phase II" includes seven lots for development with landscaping, a parking pad for use with an RV, or possible development using the casita model found on other lots. Three or more lots have been eliminated from the plat in favor of relocating the club/pool house to the northeast. The original five lots in this area have been expanded to the seven lots shown on the plat. The required site plan, building plans, landscape plan, parking plan, engineering plan, covenants, certificate of title showing ownership, and other documents as required, have been submitted in accordance with MMC Section 17.65.110, Final MPD. Staff Recommendation: Staff agrees with the Planning Commission and recommends that Council adopt Resolution #28-2017 and approve Phase II of the Portal RV MPD. l Agenda Page 102 of 390 7-3 Consent Agenda Recommended Motion: I move to adopt Resolution #27-2017 to approve Phase II of the Portal RV Master Planned Development. Attachment(s): Copy of Resolution #27-2017 Copy of Planning Resolution 15-2017 Final Plan and context Copy of approved Master Plan Aerial Addendum: 17.65.110 Final MPD. After the preliminary plan has been approved by the planning commission, the applicant shall submit prints of a final plan to the planning commission through the zoning administrator for approval thereof, showing in detail the following information: A. Site Plan. Detailed site plan with complete dimensions showing precise locations of all buildings and structures, lot or parcel sizes and locations, designations of open spaces and special use areas, detailed circulation pattern including proposed ownership; B. Building Plans. Preliminary building plans, including floor plans and exterior elevations; C. Landscape Plan. Detailed landscaping plans produced and stamped by a registered landscape architect showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects, and sprinkler or irrigation systems; D. Parking Plan. Dimensioned parking layout showing location of individual parking stalls and all areas of ingress or egress; E. Engineering Plan. Detailed engineering plans and final subdivision plat showing site grading, street improvements, drainage and public utility locations. Also, submission of the engineering feasibility studies if required by the zoning administrator; F. Covenants. A copy of protective covenants, articles of incorporation, bonds and guarantees, as required by the zoning administrator and/or the city attorney; G. Title. A certificate of title showing the ownership of the land; H. Certificate of Acceptance. A certificate of acceptance by the city council for any dedication of public streets and other public areas, if any, that are made by the owners; I. Accuracy of Survey. A certificate of accuracy by an engineer or land surveyor registered to practice in the state of Utah; J. Consistency with Approvals. All final MPD submittals shall be reviewed for consistency with this chapter and all preliminary MPD approval conditions. (Ord. 15-04 (part), 2015: Ord. 06-17 (part), 2006) Agenda Page 103 of 390 7-3 Consent Agenda CITY OF MOAB RESOLUTION #27-2017 A RESOLUTION APPROVING PORTAL RV RESORT MASTER PLANNED DEVELOPMENT FINAL PLAN FOR PHASE II LOCATED ON PROPERTY IN THE RESORT COMMERCIAL (RC) ZONING DISTRICT AT 1261 NORTH HWY 191(NORTH MAIN STREET) WHEREAS, Mr. Doug Sorensen, 1261 North Main Street Moab, Utah 84532 and Mr. Steve Sauls, 354 Big Dutch Drive, Kamas, Utah 84036, acting on behalf of Moab RV Resort, LLC, as the "Owner" of record of a 21.18- acre tract of land located at 1261 N. Hwy 191, Moab, UT 84532, has applied for approval of Phase II of a Master Planned Development (MPD) for a commercial RV Resort; and, WHEREAS, the applicant has provided the City of Moab with the necessary documents, plans and, drawings as required in Moab Municipal Code Chapter 17.65.110, Final MPD, to complete the application; and, WHEREAS, the proposed uses are allowed uses in the RC Zone as provided under Chapter 17.31.020, Use Regulations; and, WHEREAS, the Owner has submitted to the Planning Department the required detailed site plan, building plans, landscape plan, parking plan, engineering plan, covenants, certificate of title showing the ownership, and other documents as required in accordance with MMC Section 17.65.110, Final MPD, for the development of Phase II with seven (7) lots; and, WHEREAS, the Planning Commission ("Commission") reviewed the application in a regularly scheduled meeting held on April 13, 2017, to review the application regarding the Final Plan of Phase II; and, WHEREAS, the Commission adopted Resolution 15-2017, at said meeting and determined that the proposed development is in compliance with the requirements for development under the character and objectives of the MPD regulations; and WHEREAS, in a 5-0 vote, having considered Staff recommendations and discussion of the pertinent aspects of the development, the Moab Planning Commission referred the application to Council for approval; and WHEREAS, City Council reviewed the proposed final plan for Phase II in a public meeting held on April 25, 2017, to determine that the applicable provisions of the Moab Municipal Code have or can be met. NOW, THEREFORE, be it resolved by the Moab City Council that the Final Plan for Phase II of the Portal Vista development is approved as submitted. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on April 25, 2017. SIGNED: David L. Sakrison, Mayor Agenda Page 104 of 390 7-3 Consent Agenda Resolution #27-2017 ATTEST: Rachel Stenta, Recorder Agenda Page 105 of 390 7-3 Consent Agenda Portal RV MPD 0 100 200 400 Feet 1 inch = 200 feet 7-3 Consent Agend l Agenda 11 Dumpsters Storm Drains M-40 M-39 M-38 M-12 M-13 M-14 M-15 1 45 Ft Moter Home M-16 M-17 30 Ft Trailer 30 Fl Trailer M-37 M-36 M-35 M-34 M-33 M-32 M-31 M-30 0 Open Space 45 Ft Moter Home M-18 M-19 M-28 M-27 M-26 M-25 Bath MCOIS Dog Run 19 Pull throughs 24 Back In 46 Pull In 89 Total Sites These Plans Are the copy rights of NSC Construction, And by no means will be used or copied with out the premission of NSC Construction! Club House 9700 Sq Ft Bath Rooms 3200 Sq Ft Sales office Lounge Game Room Movie Room Gym Laundry room Tennis court Dog Run L_ Designer Doug Sorensen 801-556-2185 Contractor NSC Construction 435-655-9921 Portal RV Resort 1261 N HWY 191 Moab UT, 84532 Page 107 of 390 Master Plan # 1 Rief-ak 12-esovi- 7-3 Consent Agenda µbs 6199 Page 108 of 390 gso n!DU a6V 4.uaSU00 £-Z H3C1H003d A1Nn00 lI0Nn00 A110 BVOW NVW211VH0 >IH310 33d 39Vd >1008 31V0 d0 1S3nZmi 3H11V 030HODJH 'A1Nn00 0NVHD 'HVln d0 31V1S 'ON dJCIHOD I All\MOO d0 T 9Z/9Z/L @lea 9Z-S90 1pafoad J VOT0'09CS£b Z£SVS In 'geoW aue-i ueuaaaww!Z 06Z17 2uuCanms putt '03n02:IddV NOISInICKS '9TOZ " d0 AV0 SI1-11110Nn00 A110 BVOW 3H1 01031N3S3Hd 1Vn0HddV 11ONfl0O A11O NVIa12i3W aNV 3SV8 DIV1 11VS 1Sd3 TZ 3DNIVH 'H1f10S SZ dIHSNM01 'S£ N011035 30:131ddflb -fr/T 3N 3H1 NI a31V001 NI 9N101S3H 0119nd AHV10N S3H1dX3 NOISSIWW00 AA '03N011N3A N132131-11 S3S0c1Hnd 0NV S3Sn 3H1 Hod 0NV A1wV1Nmon 0NV A133HJ 11 03N91S A3H11VH1 31/V 01039031MONADVA1n0 OHM'2i39WnN NI 3H1'HVln d0 31V1S 01VS NI `NOI1V01030 S,H1NM0 3n09V 3H1 d0 ( )H3NJIS d0 A1Nn00 01VS HOd 0NV NI '0118nd AHV10N 03N91SH30Nn 3H1'3W 3H0d38 03HV3ddV Al1VNOSH3d 9TOZ ` 11\13 W Ja3lMONNOV d0 AV0 31-11 NO jo Aep slyl las olunaaay aney '9TOZ `'0'V joaaagrn ssaullnn ul •asn alignd aoj papualul se leld slit uo urnoys puel }o slaaaed Ile allgnd asn lenladJad ao} alealpap Agaaaq op Z 3SVHd 1HOSRI n2i 1V12:I0d ail se unnou>l aal}ewaq aq of slaaals pue slot mul papinipgns aq of awes pasnea Buoey puel }o heal paciposap anoqe ayl jo ( ) aaurno pau2isaapun ail ` leyl sluasaad asayl Aq uaw lie nnou>i N01.1VOIa3a S,b3NM0 170S017SL '0N asuaall 2>Ie18 seam alea 'woe VZ'Z ap Taaj aienbs SS6'£S suieluo0 Tuiuu!Saq Jo lupd ayp of laaj 00'0£ Jo aauelsip e „OO,LZo£ti N aauayo• :laaJ -170'Z6Z Jo aauelslp e M „OO,SZAV S aouayl :1aal 88•SV Jo aDueislp e M „£V,90.S£ S aauayp. `�aa� 00'Zti }o aauelslp e M „00,££o9ti S aauayl flaal 0I'8V Jo aauelslp e 3 „OO,LZo£ti S aauayl `laaj. 66'6£1 Jo aauelslp e M „00,SZ09t7 S aauayi.'laaj 9Z•£6 Jo aaue}slp e 3 „OO,tiSoLV S aauay1 :laal gL'ZZt to aauelsip e 3 „OO,SZAV N aauayp. flo0100'0ZZ M „00 ,LZ o£17 N aauayl pue `WlS 'Ise] ZZ aueu 'ynnos SZ d!ysunnol `S£ uop.aaS 40 aauaoa Javenb tivoN ayl Wall laa} LZ'SSZ 3 „OO,LO.S9 N pue pal O'L£Zt 3 ,Z1 0ZZ S snag yalynn lulod a le 2uiuupae uogdposaa Aaepuno8 Z asegd leid sly uo unnoys se punoA aye uo pue paAamns Alpanoa uaaq sal awes pue Z 3SVHd 1HOS3H n8 1V180d se unnoul aq aal}eaaay slaans pue slot mu! puel Jo pan pies papinlpgns anal pue `Molaq paglaasap Alaadod apew seM Aanans puel e Alp.aaa aayp..an4 I TOSOVSL 'ou asuaall ploy I Meyl. pue yea jo awls Big j.o snnel aLR aapun paquasa.id se aoAan..ms puel leuolssajod e we Aj.p.aaa `ale1e seam `i '9TOZ ` d0 AV0 SIH1 H33N19N3 A110 BVOW 3H1 A8 03n0HddV 1VAOHddV S833N19NS A11O yN� i „LZ,0l.Z90 ,00'8ZH i ,92'02V aN3J3l (133d) , 0£ = (H0N1) „T 0£ ST 0 0£ 31VOS OIHdVHD \ X )\ ��/ \ /\\//\�/ \4�°\`�` V \ /<y/ \ / \ / l/tt \ / \ �' ���/ / / \\/n\/x\ / \��\ ,00'0E z'; / \/ \/ \u/ \ /\\//\\/ \ /\� r\ /x\� ' , , / \x/ \ / \�/ \ � ,<,/ \/ , / \\/ \ / %/ \x/ \/ \/ �'�tiA cn \ / \ / \/ \ / •\ �`\/ \\/ \//\y/ o � x /\ /\ '� /\ / s��o;a / \/ \/ �/ \// y \/ \�/ \ / z� 6�' `\/h\ / \/ '\/ \ / \ / `X• `\/ \/ ` / \ /� / ` /` /h\//\ / \ / \ / /\\\ /\\ /\ ,\ /< / /\ o\ \ /'�y/ /\ x /\/\ /\ \/\/\/ \/�`\ /y/ \ C,a ° //\ / " \ / \ / \ / \ / \ / \ /\ \/,‘„ / \ / \/ > X \/x X / / \ \ /\/\/ \/\/ \/\/ co ss3 o,�a �S \/ \ / \ X 188'S17 M „£V900S£ S ,/ \� ; �Sd° S 6/C, / n / \ / / / \ /\ /\ /\ /\ /\ /\ / \ \/ \/ \/ \/ \/ \ / \ // \ / ' / \ / ' / \ / \ / -K /\,00 Zt M .00,££o91b S— h\ T %\ /\ /\ / \ /\ . i \/ �� 8, x � x sz / \�/ \�/ \ `Pe h � 8 AP 2" '4'6). \ /\ / / / \ / �(' y 1N31A13SV3 S53aab' \ o S •o0 `84' \ / \ / \ / r/ u ti S V23. -9c 6 , 00 „O �626. o! . saaaV 9Z'0 laad 'bS 6'17886 Z 101 / / Cv oo• Cv �'° luawnuon Jawoo uouaas aaua00 Aliadoad puno3 O aawo0 Alaadoad OO Z 3SVHd /X� \ / \ \/ X /< { \/ x c, \/ �/�/ \/ \i \ \ / \ / \�/�\/�\\/�\/ \�/ \/c'Oo /\ \/ \ T\ \ /\ / \ /\ / \ /\ O/ /x\ /\\ //1�3w'3stva Knob'N£inlQ�Nfss�3 \y/\ //�/ �\ / \ x /\ /\ ,X / \ / ,> /\ / p / 7/ \ / \/// \/ \, \\, ''�\ /\ /� // \//\ /N\/\‹\n/ �/\\\/ r(v)/ \ /\ \ /\ / \ / \ /\ /\ / ' / saaaV ZT,'0 9 044 saaaV ZT'0 laad 'bS O'OOvS •0. 9101 saaaV ZT'0 laad 'bS 0'00tS 'o• S 101 saaaV ZT'0 laad 'bS 0'00-17S °ob, 171Ol ! laad 'bS S'L6TS °/!! E 101 saaaV TT'0 laad 'bS -'L66-17 Z 101 / / / / / / / / saaV ST'0 laad 'bS 0'08b9 -o• M „00,LZ0£-17 N '00 ti Z 3Sb�Hd l / O� ° co BVOW `A1Nfl0O aNVNJ NVICIIIEW aNV 3SV9 DIV1 11VS `1SV3 ZZ 3JNVH `Hinos SZ dIHSNM01 `S£ NOI1D]S 30 d31dvno D/Z 3N 3H1 NI a31V301 NOISIAICIalS V / / / / / / Z DSVHd ill0S11:1 Ali 1V1110d d0 1Vld 1VNId 11 11 11 11 11 11 W'881S '3TZH 'SSZ1 'SS N01103S H3NHOD 17/T H1nos JN1VTEI 0 SISbB 1 1A11891S'3TZH `SSZ1 1 'S8 N01103S i H3NHOD I/T H1HON Page 109 of 390 ale3pJa3 s,aoAananS epua2v RESOLUTION # 30-2017 A Resolution by the Moab City Council to Adopt the City of Moab Tentative Budget For Fiscal Year 2017-2018 and Setting a Public Hearing for Review of the Final Budget on May 9, 2017 at 7:15 PM WHEREAS, on April 1, 2017, the City Manager submitted a tentative budget to the City Council; and WHEREAS, the City Council desires to adopt the tentative budget as required by State law; and WHEREAS, the City Council desires to make the tentative budget available for public review and comment at least ten days prior to the public hearing; and WHEREAS, the City Council desires to set a public hearing for May 9, 2017, at 7:15 PM to receive additional public input on the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH as follows: 1. The City Council hereby adopts the tentative budget attached as Exhibit "A", which is attached hereto and incorporated herein by this reference. 2. The City Council will hereby conduct a public hearing to review the final budget for fiscal year 2017- 2018 on May 9, 2017 at 7:15 PM. PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 25th day of April, A.D., 2017. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City of Moab Resolution #30-2017 April 25, 2017 Page 110 of 390 Agenda 7-4 Consent Agenda MOAB CITY CORPORATION Recommended Budget 10 10 General Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 Change In Net Position Revenue: Taxes 31300 SALES & USE TAXES 1,794,758 1,357,954 1,941,467 1,930,662 2,110,392 31400 FRANCHISE TAXES 150,673 102,160 116,547 116,546 88,576 31500 HIGHWAY TAXES 686,421 534,214 763,496 756,980 836,232 31600 TRANSIENT ROOM TAXES 985,570 846,292 1,189,140 1,205,452 1,173,313 31700 RESORT COMMUNITY TAXES 3,460,242 2,735,645 3,846,476 3,829,421 4,366,166 31800 ENERGY TAXES 176,093 149,389 105,870 107,520 157,500 38722 ANIMAL SHELTER SALES TAX 0 0 0 0 0 Total Taxes 7,253,757 5,725,654 7,962,996 7,946,581 8,732,179 Licenses and permits 32110 BEER LICENSES 9,960 11,170 8,700 10,000 10,000 32160 FLAT BUSINESS LICENSES 65,364 27,053 48,000 48,000 65,000 32209 SIGN PERMITS 2,055 1,996 1,200 1,200 1,200 32210 BUILDING PERMITS - CITY 72,905 81,368 63,000 60,000 72,000 32211 BUILDING PERMITS - COMMERCIAL 97,031 69,377 67,000 55,000 97,000 32212 1% BLDG PERMIT CHARGE 762 (447) 950 950 950 32213 PLAN CHECK FEES 17,864 11,242 7,300 7,500 12,000 32290 OTHER LICENSES & PERMITS 230 78 500 100 100 Total Licenses and permits 266,171 201,837 196,650 182,750 258,250 Intergovernmental revenue 33580 STATE LIQUOR FUND ALLOTMENT 25,473 27,209 28,000 28,000 28,000 36972 HOMELAND SECURITY GRANT 0 0 0 0 0 36973 MISC STATE GRANTS 24,219 2,396 25,000 5,000 5,000 36974 SAN JUAN CO. CONTRIBUTION 5,000 0 5,000 5,000 5,000 37100 GRAND COUNTY CONTRIBUTION 56,931 59,585 72,301 60,000 81,091 37110 GCRSSD RECREATION CTR CONTRIBUTION 25,000 25,000 25,000 25,000 0 Total Intergovernmental revenue 136,623 114190 155 301 123 000 119,091 Charges for services 34001 SPECIAL SERVICES BY CITY DEPTS 65,683 10,626 22,699 15,000 15,000 34005 POLICE SERVICES/SHIFTS 0 0 30,000 0 0 34020 RESTITUTION PAID 0 130 0 0 0 34200 GARBAGE BILLING / COLLECTION 45,830 35,115 45,000 45,000 45,000 34430 REFUSE COLLECTION CHARGES 920,172 700,104 900,000 940,000 940,000 34510 FILM COMM - SPECIAL EVENT FEES 0 0 0 0 0 34730 ANIMAL SHELTER FEES 6,565 6,095 8,500 8,500 8,500 34740 ANIMAL SHELTER INTERLOCAL 14,149 10,054 14,500 14,500 14,500 Total Charges for services 1,052,399 762,124 1,020,699 1,023,000 1,023,000 MRAC 34711 MRAC - FITNESS ADMISSIONS 6,267 6,508 6,200 0 0 34712 MRAC - FITNESS MEMBERSHIPS 31,037 26,926 23,000 0 0 34713 MRAC - CITY EMPLOYEES 384 301 700 0 0 34714 MRAC - SILVER SNEAKERS MEMBERSHIPS 11,062 5,640 10,000 0 0 34715 MRAC - SWIM TEAM 2,283 1,215 3,000 0 0 34716 MRAC - AQUATIC SPORTS 0 0 0 0 0 34717 MRAC - SHOWERS 44,698 31,735 42,000 0 0 34718 MRAC - CASH OVER/SHORT (68) (46) 0 0 0 34719 MRAC - EMPLOYEE WELLNESS DISCOUNT 0 0 0 0 0 34720 MRAC - ADMISSIONS/AQUATIC 88,905 50,670 90,000 0 0 34721 MRAC - ADMISSIONS/AQUAT & FITNESS 1,275 2,090 2,000 0 0 34722 MRAC - RETAIL 8,548 6,414 7,500 0 0 34723 MRAC - PROGRAM FEES/ AQUATIC 12,449 7,589 15,000 0 0 34723.1 MRAC PRIVATE SWIM LESSONS 0 0 0 0 0 34724 MRAC - PROGRAM FEES/FITNESS 10,228 9,604 7,500 0 0 34725 MRAC - CHILD CARE FEES 2,074 946 2,000 0 0 34726 MRAC - MEMBERSHIPS/AQUATIC 34,910 24,170 37,500 0 0 34727 MRAC - MEMBERSHIPS/AQUAT & FITNESS 66,516 55,636 70,000 0 0 34728 MRAC - RENTAL FEES 4,488 3,951 5,000 0 0 34729 MRAC - SPECIAL EVENT FEES 75 0 1,000 0 0 Total MRAC 325,131 233,349 322,400 0 0 Fines and forfeitures 35010 FINES, FORFEITURES & PENALTIES INTENDED FOR MANAGEMENT USE ONLY 82,251 52,301 80,000 60,000 70,000 Page 1 4/20/2017 05:40 PM Page 111 of 390 MOAB CITY CORPORATION Recommended Budget 10 10 General Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 35050 A/R 30-DAY PENALTIES 0 0 0 0 10,000 37200 FORFEITURES 1,666 0 3,000 3,000 3,000 Total Fines and forfeitures 83,917 52,301 83,000 63,000 83,000 Interest 36110 INTEREST INCOME 29,922 14,408 30,000 30,000 50,000 36111 INTEREST PTIF 0 18,258 0 0 0 Total Interest 29,922 32,666 30,000 30,000 50,000 Miscellaneous revenue 36160 PROCEEDS FROM LT DEBT 0 0 0 0 0 36200 PARK RENTALS 9,571 7,676 10,000 10,000 11,000 36220 FILM COMM - SPONSOR/DONATION 20 0 0 0 8,500 36226 FILM COM. - EQUIP RENTAL FEES 260 90 0 500 500 36400 SALE OF REAL/PERS. PROPERTY 348 8 5,000 2,000 2,000 36401 INSURANCE REBATE 5,820 14,983 10,000 10,000 10,000 36420 EMPLOYEE MEDICAL CAFE RESIDUAL 84,339 0 50,136 0 0 36450 SIDEWALK PERMITS 0 0 0 0 0 36500 SALE OF MATERIALS & SUPPLIES 0 0 0 0 0 36900 OTHER 10 5 500 100 100 36901 DONATIONS 1,000 1,500 0 0 0 36902 REBATES 0 0 500 500 500 36940 REAL ESTATE TRANSFER ASSESSMNT 0 0 0 0 0 36950 Unrealized gain/loss on bonds 0 0 0 0 0 36970 INSURANCE INCOME 0 13,983 0 0 0 36975 SAFETY GRANT 2,513 0 2,513 2,500 2,500 38260 ANIMAL DEPOSITS NON -OPERATING 580 650 1,500 1,500 1,500 38721 ANIMAL SHELTER - SUNDRY RESALE 0 0 0 0 0 Total Miscellaneous revenue 104,461 38,895 80,149 27,100 36,600 Contributions and transfers 39920 OVERHEAD PAID FROM SWD ENT FND 45,000 0 4,000 45,000 45,000 39930 OVERHEAD PAID FROM ENT. FUND 365,000 0 369,146 369,146 369,146 39940 GENERAL FUND BEG. BALANCE 0 0 317,000 338,458 338,793 39945 CARRYOVER TRANSFER FROM BEG FB 0 0 0 0 338,458 39950 TRANSFER FROM OTHER FUNDS 0 0 0 0 30,000 Total Contributions and transfers 410,000 0 690,146 752,604 1,121,397 Total Revenue: 9,662,381 7,161,016 10,541,341 10,148,035 11,423,517 Expenditures: General government General 41610 General SALARIES & WAGES 0 0 0 0 0 41611 General SALARY DIFFERENTIAL (SURVEY) 0 0 0 0 0 41613 General EMPLOYEE BENEFITS 0 0 0 0 0 41621 General SUBSCRIPTIONS & MEMBERSHIPS 250 0 0 0 0 41622 General PUBLIC NOTICES 0 0 0 0 0 41623 General TRAVEL/FOOD 0 291 5,300 5,300 0 41624 General OFFICE EXPENSE & SUPPLIES 37 12 100 100 0 41625 General EQUIP./SUPPLIES & MAINTENANCE 369 475 400 400 0 41626 General BLDG/GRDS- SUPPL & MAINTENANCE 0 0 0 0 0 41627 General UTILITIES 41,380 32,227 40,000 40,000 40,000 41628 General TELEPHONE/INTERNET 0 19,149 38,735 38,735 38,735 41629 General RENT OF PROPERTY OR EQUIPMENT 2,204 1,818 3,800 2,000 0 41630 General MONTHLY FUEL - GASCARD 468 437 1,300 1,300 1,300 41631 General PROFESSIONAL & TECHNICAL 0 0 14,000 14,000 0 41635 General SHIPPING/FREIGHT 4,461 2,715 0 0 0 41646 General SPECIAL DEPARTMENTAL SUPPLIES 0 381 400 400 0 41651 General INSURANCE 119,002 62,651 127,000 127,000 139,000 41674 General MACHINERY & EQUIPMENT 0 0 0 0 0 Total General 168,171 120,156 231,035 229,235 219,035 Executive and Central Staff 41310 Exec SALARIES & WAGES 56,034 46,329 54,300 54,300 54,300 41313 Exec EMPLOYEE BENEFITS 19,447 18,214 25,488 25,488 25,488 41321 Exec SUBSCRIPTIONS & MEMBERSHIPS 4,974 5,289 6,200 6,200 6,200 41323 Exec TRAVEL\FOOD 1,514 7,803 7,500 10,000 10,000 41324 Exec OFFICE EXPENSE & SUPPLIES 316 14 800 800 800 INTENDED FOR MANAGEMENT USE ONLY 4/20/2017 05:40 PM Page 112 of 390 MOAB CITY CORPORATION Recommended Budget 10 10 General Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 41325 Exec EQUIP/SUPPLIES & MAINTENANCE 354 192 , 500 500 500 41328 Exec TELEPHONE 2,145 0 2,000 0 0 41331 Exec PROFESSIONAL/TECHNICAL SERVICE 12,000 2,000 5,000 5,000 20,000 41333 Exec EDUCATION 1,009 1,185 5,000 5,000 5,000 41335 Exec SHIPPINGWREIGHT 1,641 5 0 0 0 41346 Exec SPECIAL DEPARTMENTAL SUPPLIES 2,240 1,638 2,000 2,000 2,000 41374 Exec MACHINERY & EQUIPMENT 0 0 0 0 0 Total Executive and Central Staff 101,674 82,669 108,788 109,288 124,288 Administrative 41410 Admin SALARIES & WAGES 223,587 245,779 330,601 547,876 547,876 41413 Admin EMPLOYEE BENEFITS 65,815 65,062 115,856 307,975 307,975 41415 Admin OVERTIME 275 27 300 500 500 41416 Admin UNEMPLOYMENT 8,928 3,968 8,000 0 0 41417 Admin EMPLOYEE BONUS PROGRAM 0 999 6,000 0 0 41421 Admin SUBSCRIPTIONS & MEMBERSHIPS 1,991 1,500 1,300 1,500 1,905 41422 Admin PUBLIC NOTICES 1,434 7,325 8,000 6,000 6,500 41423 Admin TRAVELWOOD 8,611 1,865 7,700 8,000 8,700 41424 Admin OFFICE EXPENSE & SUPPLIES 9,742 355 2,000 9,500 10,250 41425 Admin EQUIP/SUPPLIES & MAINTENANCE 0 0 300 1,500 1,500 41428 Admin TELEPHONE 3,938 980 0 700 1,200 41430 Admin MONTHLY FUEL - GASCARD 0 0 0 0 0 41431 Admin PROFESSIONAL/TECH. SERVICE 25,058 35,812 94,416 137,000 257,000 41433 Admin EDUCATION 410 1,445 2,000 5,000 7,000 41435 Admin SHIPPING\FREIGHT 145 171 0 1,950 1,950 41446 Admin SPECIAL DEPARTMENTAL SUPPLIES 386 735 400 3,000 0 41474 Admin MACHINERY & EQUIPMENT 0 0 2,000 6,000 6,000 41475 Admin GRANT EXPENSES 0 0 500 500 500 Total Administrative 350,320 366,023 579 373 1,037,001 1,158,856 Recorder 41510 Recorder SALARIES & WAGES 223,192 240,504 304,085 336,979 336,979 41513 Recorder EMPLOYEE BENEFITS 104,823 115,018 148,267 133,922 133,922 41515 Recorder OVERTIME 3,263 3,288 4,000 3,000 3,000 41521 Recorder SUBSCRIPTIONS/MEMBERSHIPS 3,929 655 7,022 5,122 5,122 41522 Recorder PUBLIC NOTICES 6,757 7,804 8,500 4,000 4,000 41523 Recorder TRAVEL\FOOD 2,868 6,133 5,672 6,100 6,100 41524 Recorder OFFICE EXPENSE & SUPPLIES 8,284 4,178 5,500 9,000 5,000 41525 Recorder EQUIP./SUPPLIES & MAINTENANCE 228 0 0 0 0 41528 Recorder TELEPHONE 5,594 763 0 1,332 1,332 41531 Recorder PROFESSIONAL & TECH. SERVICES 42,452 36,106 76,302 120,802 35,802 41533 Recorder EDUCATION 5,006 4,553 6,700 15,650 10,150 41535 Recorder SHIPPING\FREIGHT 984 591 0 1,272 1,272 41546 Recorder SPECIAL DEPARTMENTAL SUPPLIES 1,147 3,796 4,250 2,500 2,500 41550 Recorder COPIER SUPPLIES 5,187 12,103 13,486 12,986 12,986 41574 Recorder MACHINERY & EQUIPMENT 0 0 0 0 0 415810 LEASE PRINCIPAL 0 0 0 0 0 415820 LEASE INTEREST 0 0 0 0 0 Total Recorder 413,714 435 492 583,784 652 665 558,165 Information Technology 43010 Info Tech SALARIES & WAGES 0 0 0 0 0 43013 Info Tech EMPLOYEE BENEFITS 0 0 0 0 0 43024 Info Tech OFFICE EXPENSE & SUPPLIES 1,048 2,610 4,000 4,000 4,000 43031 Info Tech PROF & TECH SERVICES 40,622 62,238 103,295 119,440 119,440 43031.1 Info Tech WEBSITE 0 540 25,000 6,000 6,000 43031.2 Info Tech GOOGLE FOR GOVERNMENT 600 4,884 15,000 11,880 11,880 43031.3 Info Tech SECURITY APPLIANCE 0 2,678 5,000 3,000 3,000 43031.4 Info Tech WIFI - ACCESS LICENSES 0 1,855 2,000 2,000 2,000 43031.5 Info Tech ANTIVIRUS 0 2,542 5,000 5,580 5,580 43046 Info Tech SPECIAL DEPT SUPPLIES 14,983 3,204 5,000 0 0 43074 Info Tech MACHINERY & EQUIPMENT 46,254 19,231 21,000 103,860 13,520 Total Information Technology 103 507 99 782 185,295 255,760 165 420 Elections 41722 Election PUBLIC NOTICES 2,033 0 0 3,000 3,000 41723 Election TRAVEL 0 0 0 500 500 41729 Election RENTAL - VOTING POLLS/PAGER 0 0 0 0 0 INTENDED FOR MANAGEMENT USE ONLY Page 3 4/20/2017 05:40 PM Page 113 of 390 MOAB CITY CORPORATION Recommended Budget 10 10 General Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired 41731 Election 41732 Election 41733 Election 41734 Election 41735 Election 41736 Election 41737 Election 41746 Election 41747 Election 41774 Election Total Elections PROFESSIONAUTECH - PRIMARY PROFESSIONAUTECH- GENERAL EDUCATION - INITIATIVE EDUCATION - PRIMARY/GENERAL PRINTING EXPENSES ELECTION DINNERS - PRIMARY ELECTION DINNERS - GENERAL SPECIAL DEPT'L - PRIMARY SPECIAL DEPT'L - GENERAL MACHINERY & EQUIPMENT Engineering 41910 Engineer SALARIES & WAGES 41913 Engineer BENEFITS 41915 Engineer OVERTIME 41921 Engineer SUBSCRIPTIONS & MEMBERSHIPS 41922 Engineer PUBLIC NOTICES 41923 Engineer TRAVEL 41924 Engineer OFFICE EXPENSE & SUPPLIES 41925 Engineer EQUIP/SUPPLIES & MAINTENANCE 41928 Engineer TELEPHONE 41930 Engineer MONTHLY FUEL - GASCARD 41931 Engineer PROFESSIONAL & TECH. SERVICES 41931.1 Engineer PLAN REVIEW SERVICES 41933 Engineer EDUCATION 41935 Engineer SHIPPING\FREIGHT 41946 Engineer SPECIAL DEPTARTMENTAL SUPPLIE 41974 Engineer MACHINERY & EQUIPMENT Total Engineering Treasurer 42010 Treasurer SALARIES & WAGES 42013 Treasurer EMPLOYEE BENEFITS 42015 Treasurer OVERTIME 42021 Treasurer SUBSCRIPTIONS & MEMBERSHIPS 42023 Treasurer TRAVEL 42024 Treasurer OFFICE EXPENSE & SUPPLIES 42025 Treasurer EQUIPMENT SUPPL. & MAINTENANC 42028 Treasurer TELEPHONE 42031 Treasurer PROFESSIONAL & TECH. SERVICES 42033 Treasurer EDUCATION 42035 Treasurer SHIPPING\FREIGHT 42036 Treasurer BANK HANDLING CHARGES 42046 Treasurer SPECIAL DEPARTMENTAL SUPPLIE 42051 Treasurer INSURANCE 42063 Treasurer CASH OVER & SHORT 42074 Treasurer MACHINERY & EQUIPMENT Total Treasurer Total General government Public safety Police 42110 Police SALARIES & WAGES 42111 Police MOVIE\SECURITY WAGES 42113 Police EMPLOYEE BENEFITS 42114 Police OTHER BENEFITS- U/ALLOWANCES 42115 Police OVERTIME 42116 Police UNEMPLOYMENT 42118 Police OFFICER EQUIP/PAYROLL DEDUCT 42121 Police SUBSCRIPTIONS & MEMBERSHIPS 42123 Police TRAVEL\FOOD 42124 Police OFFICE EXPENSE & SUPPLIES 42125 Police EQUIPMENT-SUPPL. & MAINTENANCE 42126 Police BLDG/GRDS-SUPPL. & MAINTENANCE 42128 Police TELEPHONE 42129 Police RENT OF PROPERTY OR EQUIPMENT Prior Year Approved YTD Actual YTD Actual Budget 2015-2016 2016-2017 2016-2017 3,744 0 0 6,158 0 0 0 0 0 0 0 0 0 0 0 678 0 0 779 0 0 109 0 0 15 0 0 0 0 0 Department Recommend Request Budget 2017-2018 2017-2018 4,080 4,080 4,080 4,080 0 0 500 500 3,000 3,000 0 0 0 0 0 0 0 0 0 0 13,516 0 0 168,479 181,816 266,455 68,317 92,548 140,170 0 140 5,000 5,895 5,989 14,500 0 0 0 2,653 2,637 6,200 640 275 4,500 81 0 0 2,390 751 0 0 0 0 41,503 27,253 60,000 0 19,716 60,000 510 1,035 5,500 167 13 0 1,669 387 5,000 5,750 0 0 15,160 15,160 302,744 302,744 153,748 153,748 400 400 6,035 6,035 0 0 1,200 1,200 1,600 1,600 0 0 840 1,800 0 500 8,000 18,000 0 40,000 1,200 7,000 200 200 1,000 1,000 0 0 298,054 332 560 567,325 476,967 534,227 107,794 88,608 120,562 126,596 126,596 59,248 55,078 64,057 79,536 79,536 266 206 250 250 250 639 1,785 700 500 500 0 100 1,500 1,500 1,500 11,562 6,429 12,425 12,500 12,500 31 0 200 200 200 2,531 0 0 0 0 6,950 3,550 7,000 7,000 7,000 200 0 1,000 1,000 1,000 100 0 200 200 200 22,386 16,473 26,000 26,250 26,250 2,334 1,090 2,700 2,700 2,700 1,219 1,376 1,750 1,750 1,750 0 0 0 0 0 1,164 0 0 0 0 216,424 174,695 238,344 259,982 259,982 1,665,380 1,611,377 2,493,944 3,036,058 3,035,133 911,447 823,320 977,089 0 0 30,000 535,147 545,185 684,416 14,080 10,240 16,680 43,881 63,634 76,500 4,411 8,707 0 0 7,067 0 2,274 4,044 15,406 11,046 18,072 25,363 5,419 7,176 11,992 38,013 33,128 58,605 320 15 10,000 24,516 13,933 18,000 2,690 2,690 6,666 1,338,640 0 1,047,101 19,680 74,336 0 0 14,593 33,462 7,054 74,165 10,000 26,973 6,504 1,206,508 0 930,622 17,280 58,710 0 0 14,284 25,937 7,054 58,201 10,000 15,273 6,504 INTENDED FOR MANAGEMENT USE ONLY 120/201 7 05:40 PM Page 114 of 390 MOAB CITY CORPORATION Recommended Budget 10 10 General Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 42130 Police MONTHLY FUEL - GASCARD 36,860 28,386 64,500 82,764 74,052 42131 Police PROFESSIONAL & TECH. SERVICES 4,476 36,670 5,275 6,688 5,984 42133 Police EDUCATION 3,049 8,220 19,710 27,660 27,660 42135 Police SHIPPING\FREIGHT 73,717 580 0 0 0 42136 Police DISPATCH SERVICES 0 40,358 76,000 75,000 75,000 42137 Police DRUG ENFORCEMENT 0 0 0 0 0 42146 Police SPECIAL DEPARTMENTAL SUPPLIES 44,600 20,654 29,227 87,613 82,722 42169 Police Lease payments 0 0 0 0 0 42172 Police SPECIAL EVENTS 0 0 0 0 0 42173 Police D.A.R.E. - EQUIP. & SUPPLIES 1,360 1,319 2,000 2,000 2,000 42174 Police MACHINERY & EQUIPMENT 34,502 147 0 158,299 0 421810 LEASE PRINCIPAL 0 0 0 0 0 421820 LEASE INTEREST 0 0 0 0 0 Total Police 1,791,808 1,673,545 2,127,429 3,092,532 2,617,791 Attorney 42231 Attorney PROFESSIONAL & TECH. SERVICES 111,264 129,469 145,000 145,000 145,000 42231.1 Attorney PUBLIC DEFENDER 20,000 14,000 24,000 24,000 24,000 42231.2 Attorney PROSECUTION SERVICES 30,000 21,000 36,000 36,000 36,000 Total Attorney 161,264 164,469 205,000 205,000 205,000 Narcotics Task Force 42310 Narcotics SALARIES & WAGES 54,134 0 0 0 0 42313 Narcotics EMPLOYEE BENEFITS 28,546 537 0 0 0 42314 Narcotics OTHER BENEFITS- U/ALLOWANCES 960 0 0 0 0 42315 Narcotics OVERTIME 5,474 0 0 0 0 42321 Narcotics SUBSCRIPTIONS/MEMBERSHIPS 0 0 0 0 0 42323 Narcotics TRAVEL 1,236 0 0 0 0 42324 Narcotics OFFICE SUPPLIES 297 0 0 0 0 42325 Narcotics EQUIP/SUPPLIES & MAINTENANCE 247 0 0 0 0 42328 Narcotics TELEPHONE 960 0 0 0 0 42330 Narcotics MONTHLY FUEL - GASCARD 2,516 0 0 0 0 42331 Narcotics PROFESSIONAL/TECHNICAL SERVIC 0 0 0 0 0 42333 Narcotics EDUCATION 275 0 0 0 0 42335 Narcotics SHIPPING\FREIGHT 40 0 0 0 0 42346 Narcotics SPECIAL DEPARTMENTAL SUPPLIES 1,127 0 0 0 0 42369 Narcotics LEASE PAYMENT 0 0 0 0 0 42370 Narcotics FORFEITURES 0 0 0 0 0 42374 Narcotics MACHINERY & EQUIPMENT 1,152 0 0 0 0 Total Narcotics Task Force 96,964 537 0 0 0 Beer Tax Funds Eligible Expenses 42510 Beer Tax SALARIES & WAGES 569 1,273 5,300 0 0 42513 Beer Tax EMPLOYEE BENEFITS 499 1,040 5,700 0 0 42531 Beer Tax PROFESSIONAL & TECH. SERVICES 0 0 8,000 0 0 42546 Beer Tax SPECIAL DEPARTMENTAL SUPPLIES 0 0 0 0 0 42574 Beer Tax EQUIPMENT 26,934 0 9,000 27,209 27,209 Total Beer Tax Funds Eligible Expenses 28,002 2,313 28,000 27,209 27,209 Inspections 42431 Inspection PROFESSIONAL & TECH. SERVICES 125,000 62,500 125,000 125,000 125,000 42475 Inspection SPECIAL PROJECTS 0 0 0 0 70,000 Total Inspections 125,000 62,500 125,000 125,000 195,000 Animal control 42610 Animal Ctl SALARIES & WAGES 74,564 94,105 116,097 137,749 137,749 42613 Animal Ctl EMPLOYEE BENEFITS 60,339 66,881 82,109 82,327 82,327 42614 Animal Ctl OTHER BENEFIT - U/ALLOWANCES 1,600 2,080 2,880 2,880 2,880 42615 Animal Ctl OVERTIME 7,475 7,279 11,500 11,500 9,500 42621 Animal Ctl SUBSCRIPTIONS & MEMBERSHIPS 564 253 1,660 660 660 42623 Animal Ctl TRAVEL\FOOD 639 746 1,770 1,770 1,770 42624 Animal Ctl OFFICE EXPENSE & SUPPLIES 261 (66) 1,500 2,000 2,000 42625 Animal Ctl EQUIPMENT-SUPPL. & MAINTENAN 2,931 4,530 15,500 15,700 15,700 42628 Animal Ctl TELEPHONE 2,391 2,462 4,275 5,820 5,820 42630 Animal Ctl MONTHLY FUEL - GASCARD 3,944 2,953 9,100 7,000 7,000 42631 Animal Ctl PROFESSIONAL & TECH. SERVICES 910 643 5,900 1,000 1,000 42633 Animal Ctl EDUCATION 250 250 1,600 1,600 1,600 42635 Animal Ctl SHIPPING\FREIGHT 110 7 0 1,500 1,500 INTENDED FOR MANAGEMENT USE ONLY Page 5 4/20/2017 05:40 PM Page 115 of 390 MOAB CITY CORPORATION Recommended Budget 10 10 General Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 42646 Animal Ctl SPECIAL DEPARTMENTAL SUPPLIE 306 249 3,800 7,673 7,673 42669 Animal Ctl Lease payments 0 0 0 0 0 42674 Animal Ctl MACHINERY & EQUIPMENT 0 0 1,700 37,927 0 Total Animal control 156,284 182,372 259,391 317,106 277,179 Animal Shelter 42710 Animal Shltr SALARIES & WAGES 45,792 0 0 0 0 42713 Animal Shltr EMPLOYEE BENEFITS 20,880 68 0 0 0 42714 Animal Shltr OTHER BENEFITS- U/ALLOWANCE 960 240 0 0 0 42715 Animal Shltr OVERTIME 2,745 0 0 0 0 42722 Animal Shltr PUBLIC NOTICES 125 0 0 0 0 42724 Animal Shltr OFFICE EXPENSE & SUPPLIES 1,363 140 0 0 0 42725 Animal Shltr EQUIP/SUPPLIES & MAINTENANC 1,478 65 0 0 0 42726 Animal Shltr BLDG/GRDS-SUPPLIES & MAINT. 2,316 0 0 0 0 42727 Animal Shltr UTILITIES 7,318 3,684 0 0 0 42728 Animal Shltr TELEPHONE 1,362 339 0 0 0 42730 Animal Shltr MONTHLY FUEL - GASCARD 0 0 0 0 0 42731 Animal Shltr PROFESSIONAL/TECHNICAL SER 181 155 0 0 0 42733 Animal Shltr EDUCATION 0 0 0 0 0 42735 Animal Shltr SHIPPING\FREIGHT 40 0 0 0 0 42746 Animal Shltr SPECIAL DEPARTMENTAL SUPPLI 831 0 0 0 0 42769 Animal Shltr Lease payments 0 0 0 0 0 42774 Animal Shltr MACHINERY & EQUIPMENT 0 0 0 0 0 Total Animal Shelter 85,391 4,691 0 0 0 Total Public safety 2,444,713 2,090,427 2,744,820 3,766,847 3,322,179 Facilities Streets 44010 Streets SALARIES & WAGES 511,829 246,529 373,514 396,262 398,962 44013 Streets EMPLOYEE BENEFITS 349,471 185,031 265,296 252,024 252,024 44015 Streets OVERTIME 6,165 6,084 8,200 7,200 4,500 44016 Streets UNEMPLOYMENT 0 3,425 390 0 0 44021 Streets SUBSCRIPTIONS & MEMBERSHIPS 1,350 85 2,030 2,650 1,810 44022 Streets PUBLIC NOTICES 0 0 0 0 0 44023 Streets TRAVEL 4,425 2,964 6,300 5,200 5,200 44024 Streets OFFICE EXPENSE & SUPPLIES 4,892 3,380 5,500 7,100 7,100 44025 Streets EQUIPMENT-SUPPL. & MAINTENANCE 22,158 17,520 25,000 5,000 5,000 44026 Streets BLDG/GRDS-SUPPL. & MAINTENANCE 22,954 28,628 28,700 6,600 6,600 44027 Streets UTILITIES 15,039 11,610 18,100 17,274 17,274 44028 Streets TELEPHONE 5,212 4,326 4,700 4,100 3,000 44029 Streets RENT OF PROPERTY OR EQUIPMENT 3,291 2,120 2,900 3,800 3,800 44030 Streets MONTHLY FUEL - GASCARD 20,331 13,853 35,250 35,500 20,000 44031 Streets PROFESSIONAL & TECH. SERVICES 10,114 6,905 11,500 10,000 6,500 44033 Streets EDUCATION 1,671 2,150 3,250 4,000 4,000 44035 Streets SHIPPING\FREIGHT 1,380 14 500 1,500 500 44042 Streets STREET LIGHTS 94,056 69,713 99,500 99,500 109,500 44046 Streets SPECIAL DEPARTMENTAL SUPPLIES 15,575 17,112 34,200 6,900 6,900 44069 Streets Lease payments 0 0 0 0 0 44074 Streets MACHINERY & EQUIPMENT 4,228 1,625 4,000 89,000 7,000 44077 Street SPECIAL PROJECTS 0 0 0 18,888 9,888 440810 Street LEASE PRINCIPAL 0 0 0 0 0 440820 Streets LEASE INTEREST 0 0 0 0 0 Total Streets 1,094,141 623,074 928,830 972,498 869,558 Facilities 44310 Facilities SALARIES & WAGES 0 98,133 171,829 155,351 227,935 44313 Facilities EMPLOYEE BENEFITS 0 58,367 127,730 106,280 154,574 44315 Facilities OVERTIME 0 2,118 0 1,500 1,500 44321 Facilities SUBSCRIPTIONS & MEMBERSHIPS 0 0 0 830 350 44323 Facilities TRAVEL 0 0 0 1,000 1,000 44324 Facilities OFFICE EXPENSE & SUPPLIES 0 0 0 1,500 1,800 44325 Facilities EQUIP SUPPLIES & MAINT 0 0 0 6,300 6,300 44326 Facilities BLDG/GRDS-SUPPL & MAINT 0 7,846 9,500 59,500 39,500 44326.1 Facilities - CITY CENTER 0 0 0 0 0 44326.2 Facilities - MARC 0 0 0 0 0 44326.3 Facilities - CENTER STREET GYM 0 0 0 0 0 44327 Facilities UTILITIES 0 0 0 0 0 INTENDED FOR MANAGEMENT USE ONLY Page :; 4/20/2017 05:40 PM Page 116 of 390 MOAB CITY CORPORATION Recommended Budget 10 10 General Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 44328 Facilities TELEPHONE 0 0 0 1,800 2,160 44329 Facilities RENT OF PROPERTY OR EQUIPMENT 0 0 0 1,000 1,000 44330 Facilities MONTHLY FUEL 0 0 0 5,000 5,000 44331 Facilities PROFESSIONAL & TECHNICAL 0 0 0 49,000 26,500 44333 Facilities EDUCATION 0 0 0 1,000 1,000 44335 Facilities OTHER 0 0 0 200 200 44346 Facilities SPECIAL DEPARTMENTAL SUPPLIES 0 0 0 7,800 7,800 44374 Facilities MACHINERY & EQUIPMENT 0 0 0 74,800 2,500 44377 Facilities SPECIAL PROJECTS 0 0 0 175,000 0 Total Facilities 0 166,464 309,059 647,861 479,119 Safety 44110 Safety SALARIES & WAGES 0 0 0 45,490 45,490 44113 Safety BENEFITS 0 0 0 37,457 37,457 44115 Safety OVERTIME 0 0 0 2,000 2,000 44121 Safety SUBSCRIPTIONS & MEMBERSHIPS 1,111 640 3,895 2,775 1,775 44123 Safety TRAVEL 1,179 0 2,195 1,960 1,960 44125 Safety EQUIP/SUPPLIES & MAINTENANCE 260 1,034 8,405 4,205 4,205 44128 Safety TELEPHONE 158 43 500 980 600 44130 Safety MONTHLY FUEL 0 0 0 5,000 5,000 44131 Safety PROFESSIONAL & TECH. SERVICES 3,023 11,830 1,500 1,500 1,500 44133 Safety EDUCATION 1,005 0 4,485 5,590 4,590 44135 Safety SHIPPING\FREIGHT 384 11 600 600 600 44146 Safety SPECIAL DEPARTMENTAL SUPPLIES 22,656 15,029 28,400 20,765 21,765 44174 Safety MACHINERY & EQUIPMENT 0 0 0 1,700 1,700 44175 Safety SAFETY EQUIPMENT 3,412 0 0 2,625 625 Total Safety 33,188 28,587 49,980 132,647 129,267 Vehicle Maintenance 44410 Vehicle Maintenance SALARIES & WAGES 0 72,749 85,876 107,068 107,068 44413 Vehicle Maintenance - EMPLOYEE BENEFITS 0 57,605 70,751 73,745 73,745 44415 Vehicle Maintenance OVERTIME 0 75 0 2,000 2,000 44421 Vehicle Maintenance SUB & MEMBER 0 0 0 2,740 2,500 44423 Vehicle Maintenance TRAVEL 0 0 0 2,700 2,700 44424 Vehicle Maintenance OFFICE EXP 0 0 0 0 0 44425 Vehicle Maintenance EQUIP/SUPPL & MAINT 0 210 0 61,000 55,000 44428 Vehicle Maintenance TELEPHONE 0 0 0 1,000 1,000 44429 Vehicle Maintenance RENT OF EQUIP 0 0 0 500 500 44430 Vehicle Maintenance MONTHLY FUEL 0 0 0 5,000 5,000 44431 Vehicle Maintenance PROF & TECH SVC 0 0 0 3,500 3,500 44433 Vehicle Maintenance EDUCATION 0 0 0 1,500 1,500 44435 Vehicle Maintenance OTHER 0 0 0 400 400 44446 Vehicle Maintenance SPECIAL DEPT SUPPLIES 0 0 0 17,200 13,200 Total Vehicle Maintenance 0 130,639 156,627 278,353 268,113 Sanitation 44231 Sanitation PROFESSIONAL & TECH. SERVICES 916,722 776,910 900,000 940,000 940,000 Total Sanitation 916,722 776,910 900,000 940,000 940,000 Total Facilities 2,044,051 1,725,674 2,344,496 2,971,359 2,686,057 Parks, recreation, and public property Parks Parks O&M 45110 Parks O&M SALARIES & WAGES 214,047 225,335 314,185 318,972 322,472 45113 Parks O&M EMPLOYEE BENEFITS 145,410 148,445 214,950 227,221 227,221 45115 Parks 0&M OVERTIME 2,339 1,485 3,700 6,000 4,000 45121 Parks O&M SUBSCRIPTIONS & MEMBERSHIP 19 205 750 1,590 750 45123 Parks O&M TRAVEL 49 150 1,500 1,500 1,500 45124 Parks O&M OFFICE EXPENSE & SUPPLIES 0 0 0 0 0 45125 Parks O&M EQUIPMENT-SUPPL. & MAINTENA 10,397 8,170 13,000 3,000 3,000 45126 Parks O&M BLDG/GRDS-SUPPL. & MAINTENA 18,831 11,549 21,000 21,600 21,600 45127 Parks O&M UTILITIES 44,080 37,333 57,184 58,000 58,000 45128 Parks O&M TELEPHONE 826 394 2,350 5,340 6,660 45129 Parks O&M RENTALS 1,076 0 750 750 750 45130 Parks O&M MONTHLY FUEL - GASCARD 10,508 8,552 20,000 20,000 20,000 45131 Parks O&M PROFESSIONAL & TECH. SERVIC 2,165 1,126 14,500 3,250 3,250 45133 Parks O&M EDUCATION 530 940 2,000 3,000 3,000 INTENDED FOR MANAGEMENT USE ONLY 4/20/2017 05:40 PM Page 117 of 390 MOAB CITY CORPORATION Recommended Budget 10 10 General Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 45135 Parks O&M SHIPPING/FREIGHT 3,082 0 750 750 750 45146 Parks O&M SPECIAL DEPARTMENTAL SUPPL 9,959 8,103 14,500 17,900 18,900 45168 Parks O&M TRAIL MAINTENANCE 9,380 0 0 0 0 45169 Parks O&M Lease payments 0 0 0 0 0 45173 Parks O&M PARK IMPROVEMENTS 943 6,753 3,500 3,500 3,500 45174 Parks O&M MACHINERY & EQUIPMENT 0 0 1,500 16,800 0 Total Parks O&M 473,641 458,540 686,119 709,173 695,353 Parks MGMT 45010 Parks MGMT SALARIES & WAGES 0 0 10,000 0 0 45013 Parks MGMT EMPLOYEE BENEFITS 0 0 765 0 0 45015 Parks MGMT OVERTIME 0 0 0 0 0 45021 Parks MGMT SUBSCRIPTIONS & MEMBERSHI 0 0 0 0 0 45023 Parks MGMT TRAVEL 0 250 0 0 0 45024 Parks MGMT OFFICE EXPENSE & SUPPLIES 0 0 0 0 0 45031 Parks MGMT PROFESSIONAL & TECH 0 0 10,000 0 0 Total Parks MGMT 0 250 20,765 0 0 Total Parks 473,641 458,790 706,884 709,173 695,353 Swimming Pool 45208 MRAC MAINTENANCE SALARIES 64,603 63,224 77,387 0 0 45209 MRAC LIFEGUARD SALARIES 122,279 130,995 154,457 0 0 45210 MRAC SALARIES & WAGES 166,134 165,959 213,943 0 0 45211 MRAC AQUATIC PROGRAM SALARIES 11,891 11,827 12,726 0 0 45212 MRAC FITNESS PROGRAM SALARIES 8,712 10,316 11,338 0 0 45213 MRAC EMPLOYEE BENEFITS 74,442 89,664 114,760 0 0 45215 MRAC OVERTIME 279 238 750 0 0 45216 MRAC UNEMPLOYMENT 8 0 0 0 0 45221 MRAC SUBSCRIPTIONS & MEMBERSHIPS 263 106 340 0 0 45222 MRAC LEGAL NOTICES/ADVERTISING 8,029 7,136 10,000 0 0 45223 MRAC TRAVEL 101 592 2,520 0 0 45224 MRAC OFFICE EXPENSE & SUPPLIES 2,707 2,428 4,500 0 0 45225 MRAC EQUIPMENT-SUPPL. & MAINTENANCE 7,233 10,466 15,000 0 0 45226 MRAC BLDG/GRDS-SUPPL. & MAINTENANCE 22,508 14,420 30,500 0 0 45227 MRAC UTILITIES 98,049 74,410 101,000 0 0 45228 MRAC TELEPHONE 5,625 5,216 6,000 0 0 45229 MRAC RENT OF PROPERTY OR EQUIPMENT 0 29 2,000 0 0 45231 MRAC PROFESSIONAL & TECH. SERVICES 5,807 3,751 17,350 0 0 45233 MRAC EDUCATION 727 799 5,000 0 0 45234 MRAC INSTRUCTIONAL MATERIALS/SUPP. 0 0 600 0 0 45235 MRAC SHIPPING\FREIGHT 1,484 202 3,500 0 0 45246 MRAC SPECIAL DEPARTMENTAL SUPPLIES 36,581 13,598 38,300 0 0 45261 MRAC SUNDRY EXPENSES -MISCELLANEOUS 5,326 4,771 6,500 0 0 45270 MRAC SWIM TEAM 948 469 3,000 0 0 45271 MRAC FITNESS PROGRAMS 0 0 0 0 0 45273 MRAC AQUATIC PROGRAMS 282 370 1,500 0 0 45274 MRAC - MACHINERY & EQUIPMENT 794 0 0 0 0 45275 MRAC SPECIAL EVENTS 0 0 1,000 0 0 Total Swimming Pool 644,812 610,986 833,971 0 0 Total Parks, recreation, and public property 1,118,453 1,069,776 1,540,855 709,173 695,353 Community Services Community Services 45310 Community Services SALARIES & WAGES 16,347 70,976 88,828 0 0 45313 Community Services EMPLOYEE BENEFITS 10,123 30,109 41,295 0 0 45321 Community Services SUB & MEMBERSHIPS 0 0 0 405 0 45322 Community Services PUBLIC NOTICES 0 644 0 500 0 45323 Community Services TRAVEL 55 357 2,000 2,500 0 45324 Community Services OFFICE EXPENSE & SUPP 4,812 59 500 750 0 45328 Community Services TELEPHONE (145) 470 0 500 0 45330 Community Services MONTHLY FUEL 0 0 0 200 0 45331 Community Services PROF & TECHNICAL SERV 0 0 233,500 246,000 0 45333 Community Services EDUCATION 0 0 0 2,000 0 Total Community Services 31,192 102,615 366,123 252,855 0 Planning 41810 Planning SALARIES & WAGES 217,319 154,550 156,164 166,206 166,206 INTENDED FOR MANAGEMENT USE ONLY 4/20/2017 05:40 PM Page 118 of 390 MOAB CITY CORPORATION Recommended Budget 10 10 General Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired 41813 Planning EMPLOYEE BENEFITS 41815 Planning OVERTIME 41821 Planning SUBSCRIPTIONS & MEMBERSHIPS 41822 Planning PUBLIC NOTICES 41823 Planning TRAVEL 41824 Planning OFFICE EXPENSE & SUPPLIES 41825 Planning EQUIPMENT-SUPPL. & MAINTENANC 41828 Planning TELEPHONE 41829 Planning RENTAL 41830 Planning MONTHLY FUEL - GASCARD 41831 Planning PROFESSIONAL & TECH. SERVICES 41833 Planning EDUCATION 41835 Planning SHIPPING/FREIGHT 41846 Planning SPECIAL DEPARTMENTAL SUPPLIES 41874 Planning MACHINERY & EQUIPMENT Total Planning Film Commission 42810 Film Comm SALARIES & WAGES 42813 Film Comm EMPLOYEE BENEFITS 42815 Film Comm OVERTIME 42821 Film Comm SUBSCRIPTIONS & MEMBERSHIP 42822 Film Comm ADVERTISING/PUBLIC NOTICES 42823 Film 42824 Film 42825 Film 42828 Film 42829 Film 42830 Film 42831 Film 42833 Film 42835 Film 42846 Film 42874 Film 42875 Film 42876 Film Comm TRAVEL Comm OFFICE EXPENSE & SUPPLIES Comm EQUIP./SUPPLIES & MAINTENANC Comm TELEPHONE Comm RENTAL Comm MONTHLYFUEL- GASCARD Comm PROFESSIONAL & TECH. SERVICE Comm EDUCATION Comm SHIPPING\FREIGHT Comm SPECIAL DEPARTMENTAL SUPPLI Comm MACHINERY & EQUIPMENT Comm SPECIAL PROJECTS Comm GRANT EXPENSES Total Film Commission Community Contributions 46024 Com Contrib - RECYCLING SERVICES 46026 Com Contrib - ARTS PROMOTION 46027 Com Contrib - AFFORDABLE HOUSING 46030 Com Contrib - COMMUNITIES THAT CARE 46075 Com Contrib - SHELTER SERVICES 46076 Com Contrib LOCAL FIRST 46077 Com Contrib - MAYORS GRANTS 46082 Com Contrib - SOUTHEASTERN ASSO. OF GOV 46084 Com Contrib - GRAND COUNTY/4TH JULY FIRE Total Community Contributions Total Community Services Debt service 47111 CAPITAL LEASE PRINCIPAL 47112 CAPITAL LEASE INTEREST 47121 CAPITAL LEASE OFFSET CHARGES TO DEPTS Total Debt service Transfers and contributions out 48061 TRANS. TO CAPITAL PROJ. FUND 48071 TRANSFER TO MILLCREEK FUND 48086 CONTRIBUTION - RECREATION FUND 48090 TRANSFER TO STORM WATER UTIL 48097 TRANSFER TO CAPITAL PROJECTS 48098 CONTRIBUTION TO COMM DEV FUND Total Transfers and contributions out Total Expenditures: Total Change In Net Position INTENDED FOR MANAGEMENT USE ONLY Prior Year YTD Actual 2015-2016 Approved Department YTD Actual Budget Request 2016-2017 2016.2017 2017-2018 92,116 80,505 84,934 91,375 3,188 2,652 4,000 0 3,121 2,907 3,830 3,710 1,306 519 1,200 1,200 1,850 1,997 6,200 6,200 3,950 1,550 6,050 4,400 0 1,359 0 500 3,244 43 0 0 0 0 0 0 53 0 1,000 800 0 4,750 95,850 95,000 830 914 4,500 4,500 170 0 400 400 1,595 94 1,000 2,102 1,780 0 0 3,159 330,522 54,147 29,041 1,495 1,227 186 4,157 818 122 1,557 0 411 1,829 1,373 298 118 1,415 4,457 1,217 251,840 365,128 379,552 Recommend Budget 2017-2018 91,375 0 3,710 1,200 6,200 4,400 500 0 3,159 400 120,000 3,000 400 2,102 0 402,652 30,415 54,529 82,000 82,000 8,817 30,577 36,385 36,385 248 0 0 2,000 1,182 3,982 5,000 5,000 1,961 4,100 7,657 7,657 4,383 8,000 11,840 8,840 150 480 26,000 2,000 1,119 774 500 500 710 1,350 800 800 0 0 0 0 188 700 700 400 0 6,234 6,000 5,000 305 1,500 1,500 1,500 123 580 350 350 215 314 1,500 1,500 0 1,050 2,000 2,000 2,883 5,000 6,250 6,250 0 0 0 0 103,868 52,699 119,170 188,482 162,182 0 0 0 0 0 7,000 7,000 7,000 0 7,000 0 0 0 0 0 0 10,000 10,000 0 10,000 10,000 7,500 7,500 0 7,500 0 0 0 0 10,000 0 0 0 0 10,000 2,500 2,500 2,500 0 2,500 5,000 0 5,000 0 5,000 24,500 490,082 0 0 0 0 27,000 32,000 0 52,000 434154 882,421 820,889 616,834 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2,095,225 0 209,949 0 0 0 0 0 0 100,000 145,611 261,338 298,856 484,289 967,961 0 0 0 0 0 33,000 0 0 0 0 0 0 26,000 0 0 2,273,836 261,338 534 805 484,289 1,067,961 10,036 515 7,192,746 10,541,341 11,788,615 11,423,517 (374,134) (31,730) 0 (1,640,580) 0 Par,- 4/20/2017 05:40 PM Page 119 of 390 MOAB CITY CORPORATION Recommended Budget 10 10 General Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired INTENDED FOR MANAGEMENT USE ONLY Page 10 4/20/2017 05:40 PM Page 120 of 390 MOAB CITY CORPORATION Recommended Budget 21 21 Class C Road Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015.2016 2016-2017 2016-2017 2017-2018 2017-2018 Change In Net Position Revenue: Taxes 33570 Class C TRANSPORTATION TAX 14,894 113,256 150,000 Total Taxes 14,894 113,256 150,000 150,000 150,000 Intergovernmental revenue 33560 Class C CLASS C ROAD FUND 187,698 155,861 180,000 0 180,000 Total Intergovernmental revenue 187,698 155,861 180,000 0 180,000 Interest 36100 Class C INTEREST INCOME 2,584 2,617 1,355 0 2,800 36160 PROCEEDS FROM LT DEBT 0 0 0 0 0 Total Interest 2,584 2,617 1,355 0 2,800 Miscellaneous revenue 36200 PROPERTY OWNER CONTRIBUTIONS 36325 SPECIAL SERVICES BY DEPT Total Miscellaneous revenue Contributions and transfers 3650 Proceeds on sale or trade of fixed assets 39561 Class C TRANS. FROM EQUITY-B.O.Y. RESV Total Contributions and transfers Total Revenue: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 268,745 0 525,800 0 268,745 0 525,800 205,176 271,734 600,100 0 858,600 Expenditures: Facilities Streets 40041 Class C SPECIAL DEPARTMENTAL SUPPLIES 14,734 6,184 68,000 27,000 27,000 40058 Class C ROADBASE - PATCHING 2,264 3,439 5,000 9,000 9,000 40070 Class C ASPHALT 13,698 8 0 7,500 7,500 40071 Class C OVERLAY 0 0 285,000 300,000 600,000 40072 Class C CRACK SEALING 29,475 0 32,500 40,000 40,000 40073 Class C - CONCRETE 39,026 37,280 100,000 250,100 175,100 40073.1 Class C CONCRETE ADA Transition Plan 0 0 50,000 0 0 40073.2 Class C CONCRETE Sidewalk/Ped Ramp Repa 0 0 50,000 0 0 40074 Class C MACHINERY & EQUIPMENT 0 0 0 0 0 400810 LEASE PRINCIPAL 0 0 0 0 0 400820 LEASE INTEREST 0 0 0 0 0 40169.1 Class C Equipment capital lease 0 0 9,600 0 0 40169.2 Class C Capital lease interest 0 0 0 0 0 Total Streets 99,197 46,911 600,100 633,600 858,600 Total Facilities 99,197 46,911 600,100 633,600 858,600 Total Expenditures: 99,197 46,911 600,100 633,600 858,600 Total Change In Net Position 105,979 224,823 0 633,600 0 INTENDED FOR MANAGEMENT USE ONLY Page 11 4/20/2017 05:40 PM Page 121 of 390 MOAB CITY CORPORATION Recommended Budget 23 23 Recreation Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 Change In Net Position Revenue: Intergovernmental revenue 33561 GRAND COUNTY - RSSD 65,760 66,000 92,479 66,000 100,000 33563 SCHOOL DISTRICT 23,486 23,028 23,028 23,028 25,000 Total Intergovernmental revenue 89,246 89,028 115,507 89,028 125,000 Charges for services 34536 SUMMER CAMP 0 100 0 3,200 3,200 34537 TOURNAMENT SOFTBALL - MEN'S 0 0 0 0 0 34538 TOURNAMENT SOFTBALL - YOUTH 0 0 0 0 0 34539 ADULT SOCCER 2,553 701 2,300 3,000 3,000 34540 VOLLEYBALL - ADULT COED 1,440 180 1,440 1,440 1,440 34545 VOLLEYBALL - WOMEN'S 0 0 0 0 0 34546 VOLLEYBALL - YOUTH SPRING 1,450 3,521 650 2,680 2,680 34563 ADULT COED SOFTBALL 2,159 (80) 2,250 2,500 2,500 34564 MENS SOFTBALL 0 0 0 0 0 34566 YOUTH/BASEBALL/SOFTBALL 13,321 9,912 17,428 16,485 16,485 34567 RECURRING TEAM MEMBERSHIPS 0 150 3,000 2,420 2,420 34568 YOUTH FOOTBALL 2,068 2,808 2,325 3,105 3,105 34569 SPRING YOUTH SOCCER 8,373 9,241 8,650 8,465 8,465 34570 FALL YOUTH SOCCER 2,802 3,472 2,835 3,200 3,200 34571 SOCCER CAMPS 130 105 150 375 375 34572 FOOT RACES 1,160 1,768 12,950 5,390 5,390 34573 SMART START 0 0 200 0 0 34574 INDOOR SOCCER - YOUTH 1,230 1,252 1,500 1,400 1,400 34575 ADULT BASKETBALL 0 0 450 690 690 34576 JR JAZZ BASKETBALL 3,799 3,346 3,670 2,740 2,740 34577 FLAG FOOTBALL 2,623 1,648 1,183 1,625 1,625 34578 MIDDLE SCHOOL FOOTBALL 1,777 1,551 1,750 1,800 1,800 34579 FLAG FOOTBALL - ADULT 0 0 600 540 540 34580 YOUTH VOLLEYBALL 2,019 2,797 2,005 2,135 2,135 34581 MIDDLE SCHOOL VOLLEYBALL (FALL) 815 920 875 900 900 34583 YOUTH SPONSOR/BASEBALL 8,190 5,350 9,750 10,400 10,400 34585 PICKLEBALL 0 0 360 360 360 34586 DODGE BALL 0 0 0 0 0 34587 INDOOR SOCCER - ADULT 803 2,490 0 0 0 34599 MIDDLE SCHOOL TRVL BASEBALL 0 0 0 0 0 34600 CENTER ST. GYM FITNESS 0 0 400 0 0 66373 ULTIMATE FRISBEE 0 0 0 500 500 Total Charges for services 56,712 51,232 76,721 75,350 75,350 MRAC 34711 MRAC - FITNESS ADMISSIONS 0 0 0 5,500 6,500 34712 MRAC - FITNESS MEMBERSHIPS 0 0 0 28,000 29,400 34713 MRAC - CITY EMPLOYEES 0 0 0 500 500 34714 MRAC - SILVER SNEAKERS MEMBERSHIPS 0 0 0 10,000 10,000 34715 MRAC - SWIM TEAM 0 0 0 3,000 3,000 34716 MRAC - AQUATIC SPORTS 0 0 0 0 0 34717 MRAC - SHOWERS 0 0 0 40,000 46,500 34718 MRAC - CASH OVER/SHORT 0 0 0 0 0 34719 MRAC - EMPLOYEE WELLNESS DISCOUNT 0 0 0 0 0 34720 MRAC - ADMISSIONS/AQUATIC 0 0 0 90,000 90,000 34721 MRAC - ADMISSIONS/AQUAT & FITNESS 0 0 0 2,000 2,000 34722 MRAC - RETAIL 0 0 0 8,000 8,500 34723 MRAC - PROGRAM FEES/ AQUATIC 0 0 0 13,000 15,000 34723.1 MRAC PRIVATE SWIM LESSONS 0 0 0 0 0 34724 MRAC - PROGRAM FEES/FITNESS 0 0 0 10,000 10,000 34725 MRAC - CHILD CARE FEES 0 0 0 2,000 2,000 34726 MRAC - MEMBERSHIPS/AQUATIC 0 0 0 35,000 36,750 34727 MRAC - MEMBERSHIPS/AQUAT & FITNESS 0 0 0 70,000 73,500 34728 MRAC - RENTAL FEES 0 0 0 5,000 5,000 34729 MRAC - SPECIAL EVENT FEES 0 0 0 750 750 Total MRAC 0 0 0 322,750 339,400 Moab arts & recreation 66150 MEMBERSHIP FEES 0 0 0 0 0 INTENDED FOR MANAGEMENT USE ONLY 'ayz 4/20/2017 05:40 PM Page 122 of 390 MOAB CITY CORPORATION Recommended Budget 23 23 Recreation Fund - 07/01/2017 to 06130/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 66160 PROGRAM FEES 3,367 8,209 6,500 8,500 8,500 66180 MATERIALS - TAXABLE 0 0 0 0 0 66210 GRANTS AND DONATIONS 13,270 9,702 13,344 13,500 23,000 66250 WORKSHOP FEES 0 0 0 0 0 66271 RENTAL FEES 37,773 24,229 34,000 32,000 32,000 66372 SPECIAL EVENTS FEES 16,875 33,126 46,000 50,000 55,500 Total Moab arts & recreation 71,285 75,266 99,844 104,000 119,000 Interest 36100 INTEREST INCOME 676 300 0 0 0 Total Interest 676 300 0 0 0 Miscellaneous revenue 36560 OTHER INCOME 2,570 2,590 0 2,560 36570 GRANTS AND DONATIONS 0 0 0 0 Total Miscellaneous revenue 2,570 2,590 0 2,560 2,560 0 2,560 Contributions and transfers 33562 CITY OF MOAB 145,611 261,338 298,856 484,289 967,961 39535 RECREATION FUND BEG. BALANCE 0 0 0 25,000 105,025 39536 BEG FUND BAL MARC SETASIDE 0 0 0 0 0 39537 LOAN FROM GENERAL FUND 0 0 0 0 0 39540 TRANSFER FROM AFTER SCHOOL 0 0 0 0 0 Total Contributions and transfers 145,611 261,338 298,856 509,289 1,072,986 Teen Center 36210 TEEN CENTER DONATIONS/GRANTS 0 0 0 0 0 36220 TEEN CENTER PROGRAM FEES 0 0 0 0 0 36230 TEEN CENTER WORKSHOP FEES 0 0 0 0 0 36231 PREP PROGRAM GRANT 0 0 0 0 0 36571 CTC GRANT 0 0 0 0 0 36757 SAFE PASSAGE GRANT 0 0 0 0 0 Total Teen Center 0 0 0 0 0 Total Revenue: 366,100 479,754 590,928 1,102,977 1,734,296 Expenditures: Parks, recreation, and public property Recreation 64010 Recreation SALARIES - DIRECTOR/ASST. 93,102 130,989 162,335 200,903 200,903 64011 Recreation SALARY DIFFERENTIAL (SURVEY) 0 0 0 0 0 64013 Recreation EMPLOYEE BENEFITS 43,797 76,191 92,676 126,275 126,275 64015 Recreation OVERTIME 0 0 200 200 200 64016 Recreation UNEMPLOYMENT 19 19 0 0 0 64021 Recreation SUBSCRIPTIONS & MEMBERSHIPS 396 476 800 1,000 1,000 64022 Recreation ADVERTISING 3,868 3,674 4,500 4,750 4,750 64023 Recreation TRAVEL 0 256 0 0 3,900 64024 Recreation OFFICE EXPENSE & SUPPLIES 2,997 815 2,000 2,000 1,000 64025 Recreation - EQUIP SUPPLIES & MAINT 160 149 500 500 500 64028 Recreation TELEPHONE 3,289 1,946 2,200 2,500 2,500 64030 Recreation MONTHLY FUEL - GASCARD 71 0 650 270 270 64031 Recreation PROFESSIONAL & TECHNICAL 2,476 3,642 3,850 3,500 3,500 64033 Recreation EDUCATION 0 785 2,165 6,550 1,650 64035 Recreation SHIPPING/FREIGHT 402 137 1,075 500 500 64036 Recreation DIRECTOR - TRAVEL 13 50 1,165 1,800 1,800 64037 Recreation DIRECTOR/EDUCATION 0 51 2,934 850 850 64046 Recreation SPECIAL DEPARTMENTAL SUPPLIE 2,324 177 200 1,000 500 64065 Recreation FINGER -PRINTING 654 0 820 0 0 64092 Recreation TURKEY TROT/EASTER EGG HUNT 1,954 1,696 2,700 2,000 2,000 95051 Recreation TRANSFER TO CAP PROJECTS 43,365 0 0 25,000 0 Total Recreation 198,887 221,053 280,770 379,598 352,098 Swimming Pool 45208 MRAC MAINTENANCE SALARIES 0 0 0 114,648 109,648 45209 MRAC LIFEGUARD SALARIES 0 0 0 194,208 189,208 45210 MRAC SALARIES & WAGES 0 0 0 297,325 289,000 45211 MRAC AQUATIC PROGRAM SALARIES 0 0 0 32,946 31,946 45212 MRAC FITNESS PROGRAM SALARIES 0 0 0 18,600 16,600 45213 MRAC EMPLOYEE BENEFITS 0 0 0 141,167 141,167 INTENDED FOR MANAGEMENT USE ONLY Page 1; 4/20/2017 05:40 PM Page 123 of 390 MOAB CITY CORPORATION Recommended Budget 23 23 Recreation Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 45215 MRAC OVERTIME 0 0 0 300 300 45216 MRAC UNEMPLOYMENT 0 0 0 0 0 45221 MRAC SUBSCRIPTIONS & MEMBERSHIPS 0 0 0 250 250 45222 MRAC LEGAL NOTICES/ADVERTISING 0 0 0 10,000 10,000 45223 MRAC TRAVEL 0 0 0 2,500 1,300 45224 MRAC OFFICE EXPENSE & SUPPLIES 0 0 0 4,000 2,000 45225 MRAC EQUIPMENT-SUPPL. & MAINTENANCE 0 0 0 15,000 10,000 45226 MRAC BLDG/GRDS-SUPPL. & MAINTENANCE 0 0 0 32,000 25,000 45227 MRAC UTILITIES 0 0 0 101,000 101,000 45228 MRAC TELEPHONE 0 0 0 6,000 6,000 45229 MRAC RENT OF PROPERTY OR EQUIPMENT 0 0 0 2,000 2,000 45231 MRAC PROFESSIONAL & TECH. SERVICES 0 0 0 15,550 15,550 45233 MRAC EDUCATION 0 0 0 4,000 4,000 45234 MRAC INSTRUCTIONAL MATERIALS/SUPP. 0 0 0 600 600 45235 MRAC SHIPPING\FREIGHT 0 0 0 3,500 3,500 45246 MRAC SPECIAL DEPARTMENTAL SUPPLIES 0 0 0 40,000 38,000 45261 MRAC SUNDRY EXPENSES -MISCELLANEOUS 0 0 0 7,000 7,000 45270 MRAC SWIM TEAM 0 0 0 3,000 3,000 45271 MRAC FITNESS PROGRAMS 0 0 0 0 0 45273 MRAC AQUATIC PROGRAMS 0 0 0 1,500 1,500 45274 MRAC - MACHINERY & EQUIPMENT 0 0 0 13,100 0 45275 MRAC SPECIAL EVENTS 0 0 0 500 500 Total Swimming Pool 0 0 0 1,060,694 1,009,069 Ski Program 64102 SMART START 0 0 0 0 0 64103 CENTER ST. GYM FITNESS 0 0 0 0 0 Total Ski Program 0 0 0 0 0 Soccer 64201 Soccer YOUTH SOCCER 5,027 3,141 5,510 5,500 5,500 64202 Soccer FALL SOCCER 890 542 1,100 1,100 1,100 64205 Soccer ADULT SOCCER 599 1,046 550 550 550 64209 Soccer INDOOR - YOUTH SOCCER 197 280 450 450 450 64210 Soccer WAGES SOCCER 1,324 1,472 1,052 1,750 1,750 64213 Soccer SOCCER REFEREE - WAGES 0 0 1,700 157 157 64215 Soccer INDOOR - YOUTH DIRECTOR SOCCER 0 0 0 0 0 Total Soccer 8,037 6,481 10 362 9,507 9,507 Adult Softball 64427 COED SOFTBALL 1,134 322 900 1,000 1,000 64435 MEN'S SOFTBALL 0 0 0 0 0 64436 MEN'S SOFTBALL TOURN/DIRECTOR 0 0 0 0 0 64437 MEN'S SOFTBALL TOURNAMENT 0 0 0 0 0 64438 MEN'S SOFTBALL TOURN.-UMPIRES 0 0 0 0 0 Total Adult Softball 1,134 322 900 1,000 1,000 Adult Volleyball 64601 CO-ED VOLLEYBALL 509 0 910 1,000 1,000 64602 VOLLEYBALL 0 0 0 0 0 64613 CO-ED VOLLEYBALL - DIRECTOR 313 0 0 0 0 64614 WOMEN'S VOLLEYBALL - DIRECTOR 0 0 0 0 0 Total Adult Volleyball 822 0 910 1,000 1,000 Basketball 64803 ADULT BASKETBALL 0 0 350 750 750 64804 JR JAZZ BASKETBALL 3,897 1,495 3,000 2,000 2,000 64805 JR. JAZZ REFEREE SERVICES 1,799 3,356 1,740 3,040 3,040 64807 MS BASKETBALL REFEREES 0 0 0 1,482 1,482 64813 Basketball EMPLOYEE BENEFITS 158 340 200 407 407 Total Basketball 5,854 5,191 5,290 7,679 7,679 Youth Volleyball 64901 YOUTH VOLLEYBALL 1,220 1,427 1,230 1,200 1,200 64902 MIDDLE SCHOOL VOLLEYBALL 1,544 917 1,470 1,680 1,680 64903 MIDDLE SCHOOL VOLLEYBALL 0 0 0 0 0 64904 YOUTH SPRING VOLLEYBALL - WAGES 300 0 300 0 0 64905 YOUTH SPRING VOLLEYBALL 331 859 225 2,425 2,425 Total Youth Volleyball 3,395 3,203 3,225 5,305 5,305 INTENDED FOR MANAGEMENT USE ONLY 4/20/2017 05:40 PM Page 124 of 390 MOAB CITY CORPORATION Recommended Budget 23 23 Recreation Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016.2017 2017-2018 2017-2018 Youth Baseball/Softball 65111 Youth BB/SB WAGES- MAINTENANCE WORKE 797 1,066 3,000 3,500 3,500 65112 Youth BB/SB WAGES- UMPIRES &SCOREKEE 6,117 597 5,800 6,510 6,510 65113 Youth BB/SB EMPLOYEE BENEFITS 213 29 900 901 901 65123 Youth BB/SB BASEBALL STATE TOURN. EXPE 0 0 2,000 2,000 2,000 65125 Youth BB/SB EQUIPMENT -SUPPLIES & MAINT. 109 0 200 200 200 65126 Youth BB/SB BASEBALL FIELD MAINTENANCE 0 485 300 300 300 65158 MIDDLE SCHOOL TRVL BASEBALL 0 0 0 0 0 65173 FIELD MAINTENANCE EQUIPMENT 0 0 0 0 0 65174 YOUTH BASEBALL/SOFTBALL 16,604 10,221 17,000 17,000 17,000 65177 UTAH GIRLS SOFTBALL ASSOC 0 0 225 300 300 65178 UTAH BOYS BASEBALL ASSOCIATION 0 0 250 300 300 65180 PICKLEBALL 0 25 600 200 200 Total Youth Baseball/Softball 23,840 12,423 30,275 31,211 31,211 Youth Football 65213 Youth Football BENEFITS 250 70 90 219 219 65275 YOUTH FOOTBALL 2,021 5,294 5,310 4,640 4,640 65280 FLAG FOOTBALL 2,182 1,350 1,350 1,550 1,550 65281 FLAG FOOTBALL - ADULT 27 0 0 100 100 65285 MIDDLE SCHOOL FOOTBALL 583 527 533 980 980 65286 YOUTH FOOTBALL REFEREES 1,349 690 690 828 828 65295 MS FOOTBALL REFEREES 300 1,078 1,080 1,200 1,200 Total Youth Football 6,712 9,009 9,053 9,517 9,517 BMX 65410 BMX WAGES 0 0 0 150 150 65424 BMX MATERIALS & SUPPLIES 0 0 0 0 0 Total BMX 0 0 0 150 150 Special Projects 66046 SPECIAL PROJECTS/EQUIPMENT 2,305 15,947 19,000 30,700 20,700 Total Special Projects 2,305 15,947 19 000 30,700 20,700 Teen Center 70010 Teen Center SALARIES & WAGES 0 0 0 0 0 70013 Teen Center EMPLOYEE BENEFITS 0 0 0 0 0 70015 Teen Center OVERTIME 0 0 0 0 0 70021 Teen Center SUBSCRIPTIONS & MEMBERSHIP 0 0 0 0 0 70022 Teen Center PUBLIC NOTICES 0 0 0 0 0 70023 Teen Center TRAVEL 0 0 0 0 0 70024 Teen Center OFFICE EXPENSE & SUPPLIES 0 0 0 0 0 70025 Teen Center EQUIP/SUPPLIES & MAINTENANC 0 0 0 0 0 70028 Teen Center TELEPHONE 264 0 0 0 0 70031 Teen Center PROFESSIONAL/TECHNICAL SER 0 0 0 0 0 70033 Teen Center EDUCATION 0 0 0 0 0 70035 Teen Center SHIPPING/FREIGHT 0 0 0 0 0 70046 Teen Center SPECIAL DEPARTMENTAL SUPPLI 0 0 0 0 0 70078 Teen Center SPECIAL PROJECTS 0 0 0 0 0 70079 Teen Center PROGRAMS 0 0 0 0 0 70080 DODGEBALL 0 0 0 0 0 Total Teen Center 264 0 0 0 0 Moab Arts & Recreation Center 80010 MARC SALARIES & WAGES 63,951 68,917 103,611 112,930 112,930 80013 MARC EMPLOYEE BENEFITS 15,723 23,789 33,834 71,030 71,030 80014 MARC SALARIES & WAGES - INSTRUCTORS 4,549 2,613 4,000 5,000 5,000 80015 MARC SALARIES & WAGES OT 1,239 1,687 680 500 500 80016 MARC UNEMPLOYMENT 0 643 0 0 0 80021 MARC SUBSCRIPTIONS & MEMBERSHIPS 1,631 255 940 1,000 500 80022 MARC PUBLIC NOTICES 3,541 4,947 6,500 7,500 6,500 80023 MARC TRAVEL 788 647 780 750 750 80024 MARC OFFICE EXPENSE & SUPPLIES 3,389 2,221 3,800 3,900 3,900 80025 MARC EQUIP/SUPPLIES & MAINTENANCE 1,211 2,258 2,000 2,000 2,000 80026 MARC BLDG GROUNDS SUPPL & MAINT 133 1,500 0 0 0 80027 MARC UTILITIES 7,203 5,525 7,300 7,500 7,500 80028 MARC TELEPHONE 2,428 1,720 1,698 2,500 2,500 80031 MARC PROFESSIONALfTECHNICAL SERVICE 345 598 1,000 5,000 2,000 INTENDED FOR MANAGEMENT USE ONLY Page 15 4/20/2017 05:40 PM Page 125 of 390 MOAB CITY CORPORATION Recommended Budget 23 23 Recreation Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 80033 MARC EDUCATION 288 0 600 600 600 80035 MARC SHIPPING/FREIGHT 91 0 500 500 500 80046 MARC SPECIAL DEPARTMENTAL SUPPLIES 4,588 5,471 5,800 5,500 5,500 80074 MARC MACHINERY & EQUIPMENT 6,889 491 5,000 14,350 1,350 80077 MARC SPECIAL EVENTS 12,506 22,093 14,300 64,000 8,500 80077.1 MARC SPECIAL EVENTS - RED ROCK ARTS 0 15,990 38,800 0 55,500 80078 MARC SPECIAL PROJECTS 0 0 0 0 0 Total Moab Arts & Recreation Center 130,493 161,365 231,143 304,560 287,060 Communities That Care (CTC) 75010 SALARIES & WAGES 0 0 0 0 0 75013 EMPLOYEE BENEFITS 0 0 0 0 0 75023 TRAVEL 0 0 0 0 0 75025 EQUIP/SUPPLIES & MAINTENANCE 0 0 0 0 0 75031 PROFESSIONAL & TECHNICAL SERVICES 0 0 0 0 0 75033 EDUCATION 0 0 0 0 0 75035 OTHER 1,500 0 0 0 0 75046 SPECIAL DEPARTMENTAL SUPPLIES 0 0 0 0 0 75078 SPECIAL PROJECTS 0 0 0 0 0 Total Communities That Care (CTC) 1,500 0 0 0 0 Prep 90010 PREP - SALARIES & WAGES 0 0 0 0 0 90013 PREP - EMPLOYEE BENEFITS 0 0 0 0 0 90022 PREP - PUBLIC NOTICES 0 0 0 0 0 90023 PREP - TRAVEL 0 0 0 0 0 90024 PREP - OFFICE EXPENSE & SUPPLIES 0 0 0 0 0 90028 PREP - TELEPHONE 0 0 0 0 0 90031 PREP - PROFESSIONAL/TECHNICAL SERVICE 0 0 0 0 0 90033 PREP - EDUCATION 0 0 0 0 0 90046 PREP - SPECIAL DEPARTMENTAL SUPPLIES 0 0 0 0 0 Total Prep 0 0 0 0 0 Total Parks, recreation, and public property 383,243 434,994 590,928 1,840,921 1,734,296 Total Expenditures: 383,243 434,994 590,928 1,840,921 1,734,296 Total Change In Net Position (17,143) 44,760 0 (737,944) 0 INTENDED FOR MANAGEMENT USE ONLY Page 16 4/20/2017 05:40 PM Page 126 of 390 MOAB CITY CORPORATION Recommended Budget 24 24 Community Development - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 Change In Net Position Revenue: Charges for services 34200 Payment in lieu of parking 0 5,000 0 0 0 Total Charges for services 0 5,000 0 0 0 Contributions and transfers 39209 COMMUNITY DEV. FUND/BEG. BAL. 0 0 23,356 45,616 75,616 39210 CONTRIBUTION FROM GENERAL FUND 0 0 26,000 0 0 39223 GRANTS 0 0 0 0 0 39224 CDGB 0 0 277,000 277,000 277,000 39225 SAFE ROUTE TO SCHOOL GRANT 0 0 0 0 0 39226 UTAH POWER GRANT 0 0 0 0 0 39250 CDBG WILLOWS 0 0 0 0 0 39351 CDBG CINEMA COURT PROJECT 0 0 0 0 0 39352 CDBG 05-06 BALLPARK FENCE 0 0 0 0 0 39353 CDBG 06-07 BALLPARK LIGHTS 0 0 0 0 0 39354 CDBG 07 BALLPARK BLEACHERS 0 0 0 0 0 39355 CDBG 08 WATER LINE 0 0 0 0 0 39356 CDBG 09 VIRGINIAN APARTMENTS 34,250 0 0 0 0 39357 LIONS PARK TE GRANT 0 32,197 0 0 0 39358 NORTH CORRIDOR PATH TE GRANT 0 0 0 0 0 39359 NPS RTCA GRANT LIONS PARK 0 0 0 0 0 Total Contributions and transfers 34,250 32,197 326,356 322,616 352,616 Total Revenue: 34,250 37,197 326,356 322,616 352,616 Expenditures: Transfers and contributions out 40090 INCREASE IN FUND BALANCE 0 0 0 0 30,000 Total Transfers and contributions out 0 0 0 0 30,000 Community Development Community development 40002 TEA-21 UDOT N. CORRIDOR PATHS 0 0 0 0 0 40003 CDBG 09 VIRGINIAN APARTMENTS 0 0 0 0 0 40004 ROTARY PARK 0 0 0 0 0 40005 LIONS PARK TE 2011 0 0 0 0 0 40006 NORTH CORRIDOR PATH 0 0 0 0 0 40007 LIONS PARK DESIGN 0 0 0 0 0 40008 LIONS PARK LAND & WATER CONSERV FUND 0 0 0 0 0 40009 LIONS PARK SCENIC BYWAYS GRANT 20,405 3,740 23,356 19,616 19,616 40010 SAFE ROUTE TO SCHOOLS GRANT 0 536 26,000 26,000 26,000 40018 CDBG WILLOWS 0 0 0 0 0 40019 CDBG PROJECT 27,460 0 277,000 277,000 277,000 40020 CDBG 07 BALLPARK BLEACHERS 0 0 0 0 0 40021 CDBG 08 WATER LINE 0 0 0 0 0 40022 PUBLIC ART 0 0 0 0 0 40023 SIGNAGE 0 0 0 0 0 40049 CORNER PARK 300 S 400 E 0 0 0 0 0 40076 PAYMENT-IN-LIEU/100 W.-P. LOT 0 0 0 0 0 40078 SKATE PARK 0 0 0 0 0 40084 CDBG '05 MOONSTONE GALLERY 0 0 0 0 0 40086 CDBG 02 SUN COURT BBALL 0 0 0 0 0 40089 E. CENTER MEDIAN & PARKING 0 0 0 0 0 40095 Recreation Center/Playground Equipment 0 0 0 0 0 40096 CDBG 05-06 BALLPARK FENCE 0 0 0 0 0 40097 CDBG 06-07 BALLPARK LIGHTS 0 0 0 0 0 40098 BALLPARK LIGHTING & IMPRVMNTS 0 0 0 0 0 40099 200 EAST STREET IMPROVEMENT 0 0 0 0 0 Total Community development 47,865 4,276 326,356 322,616 322,616 Total Community Development 47,865 4,276 326,356 322,616 322,616 Total Expenditures: 47,865 4,276 326,356 322,616 352,616 Total Change In Net Position (13,615) 32,921 0 0 0 INTENDED FOR MANAGEMENT USE ONLY 4/20/2017 05:40 PM Page 127 of 390 MOAB CITY CORPORATION Recommended Budget 28 28 Millcreek Project Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 Change In Net Position Revenue: Intergovernmental revenue 33579 FUTURE GRANTS 1,959 0 3,597 0 0 33581 UTAH TRAILS/MILCREEK DR PATH - STATE FU 0 0 0 0 0 33582 UTAH TRAILS/MILLCREEK DR PATH - LOCAL FU 0 0 0 0 0 33583 UTAH TRAILS 500 W. UNDERPASS 0 0 0 0 0 33584 UTAH TRAILS PIPE DREAM TRAIL 0 0 0 0 0 33585 FIRE/FUEL/REDUCT/REVEG 0 0 0 0 0 Total Intergovernmental revenue 1,959 0 3,597 0 0 Contributions and transfers 33210 CONTRIBUTION FROM GENERAL FUND 0 0 0 0 100,000 39210 MILLCREEK PROJ. FUND/BEG. BAL. 0 0 3,598 0 0 Total Contributions and transfers 0 0 3,598 0 100,000 Total Revenue: 1,959 0 7,195 0 100,000 Expenditures: Transfers and contributions out 40090 INCREASE IN FUND BALANCE 0 0 0 0 0 Total Transfers and contributions out 0 0 0 0 0 Millcreek Projects Millcreek 40002 FIRE/FUEL/REDUCTION/REVEG 0 0 0 0 0 40003 MILLCREEK/MAIN STREET - WEIR 0 0 0 0 0 40004 UTAH TRAILS 500 W. UNDERPASS 0 0 0 0 0 40005 UTAH TRAILS PIPE DREAM 0 0 0 0 0 40010 SALARIES 0 0 0 0 0 40013 BENEFITS 0 0 0 0 0 40031 PROFESSIONAL/TECHNICAL 0 0 0 0 0 40035 OTHER 0 0 0 0 0 40041 ACQUISITIONS 0 0 0 0 0 40048 BMX TRACK 0 0 0 0 0 40050 BROWNING ROTARY MUSICAL PLAYGROUND 0 0 0 0 0 40051 BROWNING TRAILS GRANT 0 0 0 0 0 40074 SPECIAL PROJ. - GRANT MATCH ONLY 98 0 0 0 0 40076 TREE EDUCATION/ADVERTISING 0 0 0 0 0 40086 TREES/IRRIGATION 0 0 0 0 0 40088 UTAH TRAILS MILLCREEK DR PATH 0 0 0 0 0 40089 TRAILS 0 7,195 7,195 0 100,000 Total Millcreek 98 7,195 7,195 0 100,000 Total Millcreek Projects 98 7,195 7,195 0 100 000 Total Expenditures: 98 7,195 7,195 0 100,000 Total Change In Net Position 1,861 7,195 0 0 0 INTENDED FOR MANAGEMENT USE ONLY Page 18 4/20/2017 05:40 PM Page 128 of 390 MOAB CITY CORPORATION Recommended Budget 41 41 Capital Projects Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 Change In Net Position Revenue: Intergovernmental revenue 36124 GRANTS AND DONATIONS 0 0 10,000 0 0 36125 DOG PARK DONATIONS 0 0 0 0 0 Total Intergovernmental revenue 0 0 10,000 0 0 Interest 36100 INTEREST INCOME 18,190 23,075 7,000 7,000 7,000 Total Interest 18,190 23,075 7,000 7,000 7,000 Miscellaneous revenue 36160 CIB LOAN 0 0 0 0 0 36165 PROCEEDS FROM LONG TERM DEBT 0 0 0 0 0 36200 ANIMAL SHELTER DONATIONS 90,060 1,365 0 0 0 36201 TRANS ENHANCE GRANT 0 0 0 0 0 36210 CIB GRANT 0 0 0 0 0 36220 LEASE REVENUE CITY CENTER 38,825 37,654 38,825 38,825 37,654 36224 UDOT AID PROJECT 0 0 0 0 0 36225 MORTGAGE PRNCPAL OLD CITY HALL 0 0 0 0 0 36226 MORTGAGE INTEREST OLD CITY HL 0 0 0 0 0 36227 UTAH STATE ENERGY PROGRAM GRANT 0 0 0 0 0 36228 UTAH POWER GRANT 0 0 60,000 0 0 36229 FEDERAL HIGHWAY GRANT 0 0 0 0 0 36230 LIBRARY CITY CENTER CONTR 0 0 0 0 0 36235 CIB LOAN AQUATIC CENTER 0 0 0 0 0 36236 CONTRIBUTION FROM REC DISTRICT 190,000 190,000 190,000 190,000 190,000 36237 DEVELOPER FEES 4,450 25,000 25,000 0 0 36238 CLAIM SETTLEMENT PROCEEDS 0 0 0 0 0 36245 PROCEEDS FROM LT DEBT 0 0 0 0 0 Total Miscellaneous revenue 323,335 254,019 313,825 228,825 227,654 Contributions and transfers 39222 TRANSFER FROM GENERAL FUND 2,128,225 0 209,949 0 0 39225 TRANSFER FROM RECREATION FUND 43,365 0 0 0 0 39561 CAPITAL PROJECTS FUND BEG. BAL 0 0 2,080,385 0 1,768,399 39562 TRANSFER IN FROM MUNICIPAL BLDG SETASI 0 0 0 0 0 39563 TRANSFER IN FROM USU SET -ASIDE 0 0 0 0 0 Total Contributions and transfers 2,171,590 0 2,290,334 0 1,768,399 Total Revenue: 2,513,115 277,094 2,621,159 235,825 2,003,053 Expenditures: Public safety Police 79150 POLICE EQUIPMENT 102,216 14,090 139,224 196,226 103,253 Total Police 102,216 14,090 139,224 196,226 103,253 Animal Shelter 79140 ANIMAL SHELTER PROJECT 0 800 90,000 0 0 79141 ANIMAL SHELTER EQUIPMENT 0 0 0 0 0 79142 ANIMAL SHELTER FF&E 0 0 0 0 0 Total Animal Shelter 0 800 90,000 0 0 Total Public safety 102,216 14,890 229,224 196,226 103,253 Facilities Streets 44070 ROAD IMPROVEMENTS 0 0 500,000 0 0 44071 MILLCREEK INTERSECTION 0 1,000 50,000 150,000 150,000 44072 STREETS/SPECIAL PROJ./CONCRETE 0 0 0 0 0 44073 NORTH CORRIDOR FRONTAGE ROAD 0 0 25,000 0 0 44074 POWERHOUSE LANE 0 0 12,000 0 0 44075 SEALCOAT 12,115 0 0 0 0 44075.1 Sealcoat non -capital 0 0 0 0 0 44076 MAIN STREET IMPROVEMENTS 0 0 0 0 0 44077 500 WEST/KANE CREEK IMPROVE 27,022 0 0 0 0 44077.1 500 W non -capital 0 0 0 0 0 44078 TFER TO ROAD IMPROVE SETASIDE 0 0 0 0 500,000 44079 100 NORTH STREET IMPROVEMENTS 0 0 0 0 0 INTENDED FOR MANAGEMENT USE ONLY 4/20/2017 05:40 PM Page 129 of 390 MOAB CITY CORPORATION Recommended Budget 41 41 Capital Projects Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 44080 TRANSPORTATION MASTER PLAN 5,304 4,746 100,000 100,000 100,000 44082 WILLIAMS WAY ROAD RECONSTRUCTION 0 0 0 0 0 44083 EQUIPMENT 257,547 0 91,600 6,000 26,800 44084 BARTLETT STREET IMPROVEMENTS 0 0 0 0 0 44086 400 EAST ROAD IMPROVEMENTS 0 0 0 0 0 44087 TRANSPORTATION STUDY - UDOT COST SHA 10,000 0 0 0 0 Total Streets 311,988 5,746 778,600 256,000 776,800 Facilities 44081 CITY SHOP/YARD IMPROVEMENTS 0 0 0 9,000 9,000 44085 CITY FACILITIES - SECURITY 0 0 0 72,000 40,000 44088 GENERAL ADMINISTRATIVE FACILITIES 0 0 0 0 4,000 Total Facilities 0 0 0 81,000 53,000 Storm Drainage 42577 STRMWTR DETENTION BASIN PROJ 0 0 0 0 0 Total Storm Drainage 0 0 0 0 0 Total Facilities 311,988 5,746 778,600 337,000 829,800 Parks, recreation, and public property Recreation 45070 ADA IMPROVEMENTS 0 0 0 0 0 77051 CENTER STREET GYM MECHANICAL 106,471 0 40,000 110,000 30,000 77056 BALLFIELD 0 5,900 30,000 25,000 25,000 78025 TRAIL & BRIDGE IMPROVEMENTS 21,641 5,394 325,000 0 0 78030 ART IN PUBLIC PLACES 1% 0 4,659 22,685 0 40,000 78043 SWANNY PARK RESTROOMS 0 0 0 0 0 78044 PARK IMPROVEMENTS 26,308 0 40,000 35,000 35,000 78045 PLAYGROUND EQUIPMENT/BUILDING IMPRO 0 30,000 30,000 0 0 78046 EQUIPMENT 25,000 0 86,150 19,300 2,500 Total Recreation 179,420 45,953 573,835 189,300 132,500 Swimming Pool 47070 AQUATIC CENTER IMPROVEMENTS 20,000 0 40,000 125,000 65,000 47071 AQUATIC CENTER SET ASIDE 7,389 0 47,000 51,700 50,000 47072 AQUATIC CENTER EQUIPMENT REPLACEMEN 94,244 5,295 20,000 13,100 0 47098 CONTRIBUTION TO CIB ESCROW 0 31 0 0 0 Total Swimming Pool 121,633 5,326 107,000 189,800 115,000 Special Projects 79044 PERFORMANCE GURANTEE DEFAULT IMPRO 0 34,846 25,000 0 0 Total Special Projects 0 34,846 25,000 0 0 Moab Arts & Recreation Center 46070 ROOF PROJECT 0 0 0 0 0 46071 SOLAR PROJECT 0 0 0 0 0 46072 MARC BUILDING IMPROVEMENTS 11,451 3,379 270,000 270,000 270,000 Total Moab Arts & Recreation Center 11,451 3,379 270,000 270,000 270,000 Total Parks, recreation, and public property 312,504 89,504 975,835 649,100 517,500 Community Services Community Contributions 79045 USU SETASIDE 0 0 0 75,000 75,000 79046 Contribution to CHCSSD 0 0 0 0 0 79047 USU BUILDING PROJECT 0 0 0 0 0 Total Community Contributions 0 0 0 75,000 75,000 Total Community Services 0 0 0 75,000 75,000 Transfers and contributions out 40090 INCREASE IN FUND BALANCE 205 0 0 0 0 81001 TRANSFER TO GENERAL FUND 0 0 0 0 0 Total Transfers and contributions out 205 0 0 0 0 Municipal Building Authority Municipal Building 77031 MUNI BLDG PROJECT 59,544 16,298 235,000 0 0 77042 PUBLIC BLDG BOND RESERVE 0 0 0 0 0 77045 MUNICIPAL BLDG FF&E 0 0 0 0 0 77046.1 MUNICIPAL BLDG BOND PMT 77,000 79,000 79,000 79,000 79,000 INTENDED FOR MANAGEMENT USE ONLY Page 20 4/20/2017 05:40 PM Page 130 of 390 MOAB CITY CORPORATION Recommended Budget 41 41 Capital Projects Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 77046.2 MUNI BLDG BOND INTEREST 34,425 32,500 32,500 32,500 32,500 77047.1 2009 AQUATIC BOND PMT 191,000 191,000 191,000 191,000 191,000 77050 BLDG IMPROVEMENTS 0 0 0 175,000 175,000 77055 CITY HALL SOLAR PHOTO VOLTAIC 0 5,617 100,000 0 0 Total Municipal Building 361,969 324,415 637,500 477,500 477,500 Total Municipal Building Authority 361,969 324,415 637,500 477,500 477,500 Total Expenditures: 1,088,882 434,555 2,621,159 1,734,826 2,003,053 Total Change In Net Position 1,424,233 (157,461) 0 (1,499,001) 0 INTENDED FOR MANAGEMENT USE ONLY Page 21 4/20/2017 05:40 PM Page 131 of 390 MOAB CITY CORPORATION Recommended Budget 51 51 Water & Sewer Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 Change In Net Position Expenditures: Miscellaneous 60084 Sewer IMPACT FEE WAIVERS 0 0 0 0 0 Total Miscellaneous 0 0 0 0 0 Total Expenditures: 0 0 0 0 0 Total Change In Net Position 0 0 0 0 0 Income or Expense Income From Operations: Operating income Water Operating Income 36300 WATER PENALTIES 8,548 5,709 4,500 4,500 4,635 36500 SALE OF MATERIALS & SUPPLIES 0 0 1,500 1,500 1,545 36900 Water SUNDRY REVENUES 13,418 8,876 20,000 20,000 20,600 37100 WATER SALES 515,925 406,256 550,000 550,000 566,500 37120 TAX ON SHOP WATER SALES 19 (17) 0 0 0 37260 WATER CONNECTION 51,853 42,963 40,000 40,000 41,200 37325 Water SPECIAL SERVICES BY CITY DEPATME 0 0 12,000 12,000 12,360 38600 ALLOWANCE ON DOUBTFUL ACCOUNTS (7,357) 296 0 0 0 Total Water Operating Income 582,406 464,083 628,000 628,000 646,840 Sewer Operating Income 56900 Sewer SUNDRY REVENUE 55,387 62,817 60,000 0 0 57300 SEWER SERVICES CHARGES 755,710 700,296 855,360 0 0 57325 Sewer SPECIAL SERVICES BY CITY DEPTS 0 1,305 1,500 0 0 57350 Sewer SPANISH VALLEY SEWER 242,594 255,179 192,500 0 0 57440 SEWER CONNECTION 20,711 16,925 20,636 0 0 Total Sewer Operating Income 1,074,402 1,036,522 1,129,996 0 0 Total Operating income 1,656,808 1,500,605 1,757,996 628,000 646,840 Operating expense Water Operating expense 50009 Water GENERAL FUND 0/H 175,000 0 177,073 177,073 177,073 50010 Water SALARIES & WAGES 141,003 117,571 133,384 194,274 232,274 50011 Water SALARY DIFFERENTIAL (SURVEY) 0 0 547 0 0 50013 Water EMPLOYEE BENEFITS 107,324 98,776 102,091 158,757 188,757 50015 Water OVERTIME 15,146 12,533 18,000 18,000 10,000 50021 Water SUBSCRIPTIONS & MEMBERSHIPS 2,751 2,011 5,040 5,360 5,360 50023 Water TRAVEL 1,128 1,814 4,650 4,800 4,800 50024 Water OFFICE EXPENSE & SUPPLIES 0 0 0 0 0 50025 Water EQUIPMENT-SUPPL. & MAINTENANCE 7,874 3,082 20,500 7,500 10,500 50026 Water BUILDING SUPPL. & MAINTENANCE 0 4,025 12,000 13,000 13,000 50027 Water UTILITIES 42,260 33,220 48,500 48,500 48,500 50028 Water TELEPHONE 1,975 1,007 3,100 3,100 2,500 50029.1 Water RENT OF PROPERTY & EQUIPMENT 2,998 2,107 4,100 3,500 10,000 50029.2 Water capital lease expense 0 0 12,000 0 0 50030 Water MONTHLY FUEL - GASCARD 11,839 7,695 17,325 17,325 14,000 50031 Water PROFESSIONAL & TECH. SERVICES 13,992 9,179 70,927 68,500 51,500 50033 Water WATER/EDUCATION 1,045 4,185 5,800 5,800 5,800 50035 Water OTHER 1,477 265 1,500 6,150 6,150 50046 Water SPECIAL DEPARTMENTAL SUPPLIES 45,933 37,977 65,200 86,400 48,700 50051 Water INSURANCE 1,560 1,560 1,600 1,600 1,600 50069 Water DEPRECIATION 161,673 0 185,000 185,000 185,000 Total Water Operating expense 734 978 337,007 888,337 1,004,639 1,015,514 Sewer Operating expense WWTP 60009 Sewer GENERAL FUND O/H 190,000 0 192,073 0 0 60010 Sewer WWTP SALARIES & WAGES 150,656 111,129 146,579 0 0 60013 Sewer WWTP EMPLOYEE BENEFITS 81,975 82,780 106,302 0 0 60015 Sewer WWTP OVERTIME 8,138 6,508 8,000 0 0 60021 Sewer WWTP SUBSCRIPTIONS & MEMBERSH 1,044 843 3,100 0 0 60023 Sewer WWTP TRAVEL 2,490 635 2,500 0 0 60024 Sewer WWTP OFFICE EXPENSE & SUPPLIES 2,822 562 2,000 0 0 60025 Sewer WWTP EQUIPMENT SUPPL. & MAINTE 47,109 11,321 20,500 0 0 INTENDED FOR MANAGEMENT USE ONLY 4/20/2017 05:40 PM Page 132 of 390 MOAB CITY CORPORATION Recommended Budget 51 51 Water & Sewer Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 60026 Sewer WWTP BUILDING SUPPL. & MAINTENA 3,212 679 5,000 0 0 60027 Sewer WWTP UTILITIES 66,493 67,028 55,000 0 0 60028 Sewer WWTP TELEPHONE 3,027 1,648 2,700 0 0 60029 Sewer WWTP RENT OF PROPERTY & EQUIP 4,950 9,288 2,500 0 0 60030 Sewer WWTP MONTHLY FUEL - GAS CARD 3,979 3,562 9,927 0 0 60031 Sewer WWTP PROFESSIONAL & TECH. SERV 81,002 62,686 110,000 0 0 60033 Sewer WWTP EDUCATION 2,085 0 0 0 0 60035 Sewer WWTP SHIPPING 1FREIGHT 5,753 4,406 6,500 0 0 60046 Sewer WWTP SPECIAL DEPARTMENTAL SUP 52,247 37,139 60,000 0 0 60069 Sewer DEPRECIATION 150,530 0 150,000 0 0 Total WWTP 857,512 400,214 882,681 0 0 Sewer Collection System 60029.1 Sewer COLLECTIONS Captial Lease Expense 0 0 21,600 0 0 61010 Sewer COLLECTION SALARIES & WAGES 0 73,336 145,963 0 0 61013 Sewer COLLECTION EMPLOYEE BENEFITS 0 24,699 97,145 0 0 61015 Sewer COLLECTION OVERTIME 0 2,109 6,000 0 0 61021 Sewer COLLECTION SUBSCRIP & MEMBER 0 114 1,560 0 0 61023 Sewer COLLECTION TRAVEL 0 2,108 2,700 0 0 61024 Sewer COLLECTION OFFICE EXP & SUPPLIE 0 48 1,500 0 0 61025 Sewer COLLECTION EQUIP SUPPLIES & MAIN 0 18,981 30,000 0 0 61026 Sewer COLLECTION BLDG/GRDS SUPPLIES & 0 1,844 2,000 0 0 61027 Sewer COLLECTION UTILITIES 0 0 3,000 0 0 61028 Sewer COLLECTION TELEPHONE 0 404 3,100 0 0 61029 Sewer COLLECTION RENTALS 0 23 5,000 0 0 61030 Sewer COLLECTION MONTHLY FUEL 0 1,966 8,000 0 0 61031 Sewer COLLECTION PROFESSIONAL & TECH 0 20,756 46,136 0 0 61033 Sewer COLLECTION EDUCATION 0 4,497 6,350 0 0 61035 Sewer COLLECTION FREIGHT 0 418 1,500 0 0 61046 Sewer COLLECTION SPEC DEPT SUPPLIES 0 23,053 39,500 0 0 Total Sewer Collection System 0 174,356 421,054 0 0 Total Sewer Operating expense 857,512 574,570 1,303,735 0 0 Total Operating expense 1,592,490 911,577 2,192,072 1,004,639 1,015,514 Total Income From Operations: 64,318 589,028 (434,076) (376,639) (368,674) Non -Operating Items: Water Non -operating income 36100 INTEREST INCOME 12,504 5,064 7,000 7,000 7,210 36110 WATER IMPACT FEE INTEREST INCOME 6,496 8,072 9,000 9,000 9,270 36111 WATER IMPACT FEES 34,157 110,550 20,000 20,000 50,600 36112 WATER IMPACT FEE BEG F.B. 0 0 224,682 0 0 36200 WATER TANK FINANCING 0 0 1,000,000 0 0 39535 W/S - BEG. FUND BALANCE 0 0 2,205,949 0 0 5630 Gain (loss) on asset retirement 0 0 0 0 0 5651 Water CONTRIBUTIONS OF ASSETS 0 0 0 0 0 60091 Benefit expense -change in NPL/NPA (GASB 68) 0 0 0 0 0 Total Water Non -operating income 53,157 123,686 3,466,631 36,000 67,080 Sewer Non -operating income 56100 Sewer INTEREST INCOME 0 0 5,000 0 0 56110 SEWER IMPACT FEE INTEREST 15,908 10,755 4,000 0 0 56111 SEWER IMPACT FEES 43,324 476,844 50,000 0 0 56112 SEWER IMPACT FEE BEG F.B. 0 0 684,000 0 0 56113 SEWER IMPACT FEE FINANCE INTEREST 11,175 8,660 13,400 0 0 56200 SEWER WWTP FINANCING 0 0 10,366,000 0 0 56250 WWTP AGENCY ILA CONTRIBUTION 0 800,000 800,000 0 0 56860 Sewer Contribution from capital projects 0 0 0 0 0 Total Sewer Non -operating income 70,407 1,296,259 11,922,400 0 0 Water Non -operating expense 50082 Water INTEREST ON BONDS/DEBT SERVICE 0 0 0 0 0 50084 Water TRANSFER TO CAPITAL FACILITIES 0 0 0 0 0 60092 Pension expense (GASB 68) 0 0 0 0 0 Total Water Non -operating expense 0 0 0 0 0 Sewer Non -operating expense 60082 Sewer INTEREST ON SEWER BONDS 0 0 0 0 0 INTENDED FOR MANAGEMENT USE ONLY Page 23 4/20/2017 05:40 PM Page 133 of 390 MOAB CITY CORPORATION Recommended Budget 51 51 Water & Sewer Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016.2017 2017-2018 2017-2018 60085 IMPACT FEE WAIVERS 0 0 0 0 0 Total Sewer Non -operating expense 0 0 0_ 0 0 Total Non -Operating Items: 123,564 1,419,945 15,389,031 36,000 67,080 Total Income or Expense 187,882 2,008,973 14,954 955 (340,639) (301,594) INTENDED FOR MANAGEMENT USE ONLY Page 24 4/20/2017 05:40 PM Page 134 of 390 Culinary Water Fund - Capital Budget 2018 Budget Income: Net Income $ (301,594) Add Depreciation $ 185,000 Culinary Water Fund Balance Transfer $ - Provided/Required from Operation: $ (116,594) Total Income Expenses: Projects to be financed: Impact Project/Water - Tank Assessment & System Construction Water 300 So. 400 E. Line & PRV Water Line - Millcreek Water Line Replacement Water System Upgrades Total Projects to be financed: Direct Purchase: Impact Project/Water Storage & Dist Master Plan Water 300 So. 400 E. Line & PRV Water Line - Millcreek Water Line Replacement Water System Upgrades Water Tank Maintenance 1643 - Meters 1644 - Fire Hydrants 1661.2 - Equipment - water 1671 - Autos and trucks Total Direct Purchase: Debt Service Total Expense for FY18 Net impact to Sewer Fund Balance $ (116,594) $ 1,700,000 $ 1,700,000 $ 150,000 $ 100,000 $ 95,000 $ 40,000 $ 80,000 $ 30,000 $ 52,314 $ - $ 547,314 $ 547,314 $ (663,908) Page 135 of 390 MOAB CITY CORPORATION Recommended Budget 52 52 Sewer Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 Income or Expense Income From Operations: Operating income Sewer Operating Income 38600 ALLOWANCE ON DOUBTFUL ACCOUNTS 0 0 0 0 0 56900 Sewer SUNDRY REVENUE 0 0 0 61,800 61,800 57300 SEWER SERVICES CHARGES 0 0 0 855,360 1,026,432 57325 Sewer SPECIAL SERVICES BY CITY DEPTS 0 0 0 1,500 1,500 57350 Sewer SPANISH VALLEY SEWER 0 0 0 250,000 300,000 57440 SEWER CONNECTION 0 0 0 20,000 20,000 Total Sewer Operating Income 0 0 0 1,188,660 1,409,732 Total Operating income 0 0 0 1,188,660 1,409,732 Operating expense Sewer Operating expense WWTP 60009 Sewer GENERAL FUND O/H 0 0 0 190,000 192,073 60010 Sewer WWTP SALARIES & WAGES 0 0 0 179,067 138,579 60013 Sewer WWTP EMPLOYEE BENEFITS 0 0 0 104,369 104,702 60015 Sewer WWTP OVERTIME 0 0 0 6,000 8,000 60021 Sewer WWTP SUBSCRIPTIONS & MEMBERSH 0 0 0 3,800 4,600 60023 Sewer WWTP TRAVEL 0 0 0 2,000 2,500 60024 Sewer WWTP OFFICE EXPENSE & SUPPLIES 0 0 0 2,000 2,000 60025 Sewer WWTP EQUIPMENT SUPPL. & MAINTE 0 0 0 58,000 50,500 60026 Sewer WWTP BUILDING SUPPL. & MAINTENA 0 0 0 2,000 5,000 60027 Sewer WWTP UTILITIES 0 0 0 70,000 55,000 60028 Sewer WWTP TELEPHONE 0 0 0 3,160 2,700 60029 Sewer WWTP RENT OF PROPERTY & EQUIP 0 0 0 4,000 2,500 60030 Sewer WWTP MONTHLY FUEL - GAS CARD 0 0 0 7,000 9,927 60031 Sewer WWTP PROFESSIONAL & TECH. SERV 0 0 0 198,500 88,500 60033 Sewer WWTP EDUCATION 0 0 0 500 0 60035 Sewer WWTP SHIPPING\FREIGHT 0 0 0 18,000 5,000 60046 Sewer WWTP SPECIAL DEPARTMENTAL SUP 0 0 0 118,000 50,000 60069 Sewer DEPRECIATION 0 0 0 150,000 150,000 Total WWTP 0 0 0 1,116,396 871,581 Sewer Collection System 60029.1 Sewer COLLECTIONS Captial Lease Expense 0 0 0 21,600 21,600 61010 Sewer COLLECTION SALARIES & WAGES 0 0 0 138,805 139,798 61013 Sewer COLLECTION EMPLOYEE BENEFITS 0 0 0 92,318 95,910 61015 Sewer COLLECTION OVERTIME 0 0 0 10,000 6,000 61021 Sewer COLLECTION SUBSCRIP & MEMBER 0 0 0 1,800 1,560 61023 Sewer COLLECTION TRAVEL 0 0 0 4,500 4,500 61024 Sewer COLLECTION OFFICE EXP & SUPPLIE 0 0 0 1,500 1,500 61025 Sewer COLLECTION EQUIP SUPPLIES & MAIN 0 0 0 20,000 30,000 61026 Sewer COLLECTION BLDG/GRDS SUPPLIES & 0 0 0 1,000 2,000 61027 Sewer COLLECTION UTILITIES 0 0 0 4,000 3,000 61028 Sewer COLLECTION TELEPHONE 0 0 0 4,480 3,100 61029 Sewer COLLECTION RENTALS 0 0 0 2,500 5,000 61030 Sewer COLLECTION MONTHLY FUEL 0 0 0 5,000 8,000 61031 Sewer COLLECTION PROFESSIONAL & TECH 0 0 0 71,000 33,500 61033 Sewer COLLECTION EDUCATION 0 0 0 3,950 6,350 61035 Sewer COLLECTION FREIGHT 0 0 0 3,100 1,500 61046 Sewer COLLECTION SPEC DEPT SUPPLIES 0 0 0 45,500 39,500 Total Sewer Collection System 0 0 0 431,053 402,818 Total Sewer Operating expense 0 0 0 1,547,449 1,274,399 Total Operating expense 0 0 0 1,547,449 1,274,399 Total Income From Operations: 0 0 0 (358,789) 135,333 Non -Operating Items: Sewer Non -operating income 36500 SALE OF MATERIALS & SUPPLIES 0 0 0 0 0 39535 W/S - BEG. FUND BALANCE 0 0 0 0 0 56100 Sewer INTEREST INCOME 0 0 0 0 0 56110 SEWER IMPACT FEE INTEREST 0 0 0 0 0 INTENDED FOR MANAGEMENT USE ONLY Page 25 4/20/2017 05:40 PM Page 136 of 390 MOAB CITY CORPORATION Recommended Budget 52 52 Sewer Fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015.2016 2016-2017 2016-2017 2017-2018 2017-2018 56111 SEWER IMPACT FEES 0 0 0 0 0 56112 SEWER IMPACT FEE BEG F.B. 0 0 0 0 20,000 56113 SEWER IMPACT FEE FINANCE INTEREST 0 0 0 0 0 56200 SEWER WWTP FINANCING 0 0 0 0 0 56250 WWTP AGENCY ILA CONTRIBUTION 0 0 0 0 0 5630 Gain (loss) on asset retirement 0 0 0 0 0 56860 Sewer Contribution from capital projects 0 0 0 0 0 Total Sewer Non -operating income 0 0 0 0 20,000 Sewer Non -operating expense 60082 Sewer INTEREST ON SEWER BONDS 0 0 0 0 0 60084 Sewer IMPACT FEE WAIVERS 0 0 0 0 0 60085 IMPACT FEE WAIVERS 0 0 0 0 0 60091 Benefit expense -change in NPL/NPA (GASB 68) 0 0 0 0 0 60092 Pension expense (GASB 68) 0 0 0 0 0 Total Sewer Non -operating expense 0 0 0 0 0 Total Non -Operating Items: 0 0 0 0 20,000 Total Income or Expense INTENDED FOR MANAGEMENT USE ONLY 0 0 0 (358,789) 155,333 Page 26 4/20/2017 05:40 PM Page 137 of 390 Sewer Fund - Capital Budget Income Net Income from Operations Add Depreciation Provided/Required from Operation: 2018 Budget $ 155,333 $ 150,000 $ 305,333 Total Income: $ 305,333 Expenses:, Projects to be financed: Impact Project - South Trunk Line $ 1,900,000 Impact Project - Water Reclamation Facility $ 9,689,200 Impact Project - WRF Outfall $ 636,000 Sanitary Sewer Replacement Projects 1661.3 - Equipment - sewer Total Projects to be Financed $ 12,225,200 Direct Purchase: Impact Project - Sanitary Sewer Master Plan $ 20,000 Public Works Building Project $ 25,000 Sanitary Sewer Replacement Projects $ 500,000 1651- Sewage treatment facilities $ - 1652 - Sewer lines $ - 1653 - Manhole Replacement Project $ 30,000 1661.1- Equipment - general $ - 1661.3 - Equipment - sewer $ 390,000 1665 - Office furniture and equipment $ - 1671- Autos and trucks $ - Total Direct Purchase: $ 965,000 Debt service $ - Total Expense for FY18 $ 965,000 Net impact to Sewer Fund Balance $ (659,667) Page 138 of 390 MOAB CITY CORPORATION Recommended Budget 53 53 Storm Water Utility fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 Income or Expense Income From Operations: Operating income Water Operating Income 36450 STORM WATER DRAINAGE FEE 140,944 106,671 142,000 142,000 142,000 36460 NON -POINT SOURCE FINANCIAL ASSISTANCE 0 0 0 0 0 Total Water Operating Income 140,944 106,671 142,000 142,000 142,000 Total Operating income 140,944 106,671 142,000 142,000 142,000 Operating expense Water Operating expense 40009 Storm wtr GENERAL FUND O/H 45,000 0 4,000 45,000 45,000 40010 Storm wtr SALARIES & WAGES 0 0 28,387 28,387 38,000 40013 Storm wtr EMPLOYEE BENEFITS 0 0 31,708 31,708 30,000 40031 Storm wtr PROFESSIONAL & TECH. SERVICES 0 0 0 0 0 40046 Storm wtr SPECIAL DEPARTMENTAL SUPPLIES 0 0 0 0 0 40069 Storm wtr DEPRECIATION 0 0 0 0 0 40075 Storm wtr SPECIAL PROJECTS 0 0 0 0 0 Total Water Operating expense 45,000 0 64,095 105,095 113,000 Total Operating expense 45,000 0 64,095 105,095 113,000 Total Income From Operations: 95,944 106,671 77,905 36,905 29,000 Non -Operating Items: Water Non -operating income 3340 STATE GRANT 0 0 0 0 0 36110 INTEREST INCOME 0 0 0 0 0 36112 TFER FROM BEG F.B. 0 0 1,173,954 0 0 36210 TRANSFER FROM GENERAL FUND 0 0 0 0 0 Total Water Non -operating income 0 0 1,173,954 0 0 Water Non -operating expense 40090 Storm wtr TRANSFER TO SURPLUS FUND BAL. 0 0 0 0 0 Total Water Non -operating expense 0 0 0 0 0 Total Non -Operating Items: 0 0 1,173,954 0 0 Total Income or Expense 95,944 106,671 1,251,859 36,905 29,000 INTENDED FOR MANAGEMENT USE ONLY Page 27 4/20/2017 05:40 PM Page 139 of 390 Storm Water Utility Fund -Capital Income: Net Income from Operations Add Depreciation Total Income Expenditures Projects to be financed: STEWART CANYON 100 SOUTH STORM WATER IMPROVEMENTS 1661.1- Equipment - General 2018 Budget $ 29,000 $ - $ 29,000 Total Projects to be Financed $ Direct Purchase: 100 SOUTH STORM WATER IMPROVEMENTS $ 309,700 MINOR STORM WATER PROJECTS $ - RIPARIAN HABITAT STUDY 1661.1- Equipment - General Total Direct Purchase: Debt service Total Expense for FY18 Net impact to Storm Water Fund Balance $ 20,000 $ 89,000 $ 418,700 $ - $ 418,700 $ (389,700) Page 140 of 390 MOAB CITY CORPORATION Recommended Budget 73 73 Youth City Council fund - 07/01/2017 to 06/30/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015.2016 2016-2017 2016-2017 2017-2018 2017-2018 Change In Net Position Revenue: Interest 36100 INTEREST INCOME 26 18 0 0 0 Total Interest 26 18 0 0 0 Contributions and transfers 39200 CONTRIBUTIONS FROM STUDENTS 0 0 0 0 0 39201 FUND TRANSFERS FROM MOAB CITY 0 0 0 0 0 39210 FUND DONATIONS / CASTLE VALLEY 0 0 0 0 0 39220 FUND RAISING PROJECTS 0 0 0 0 0 39230 DONATIONS 0 0 0 0 0 39550 TRANSFER FROM BEG FUND BALANCE 0 0 0 0 0 Total Contributions and transfers 0 0 0 0 0 Total Revenue: 26 18 0 0 0 Expenditures: General government Administrative 40023 TRAVEL 0 0 0 0 0 40024 OFFICE EXPENSES & SUPPLIES 0 0 0 0 0 40033 EDUCATION 0 0 0 0 0 40035 OTHER 0 0 0 0 0 40046 FUND RAISING SUPPLIES 0 0 0 0 0 40073 SPECIAL PROJECTS 0 0 0 0 0 Total Administrative 0 0 0 0 0 Total General government 0 0 0 0 0 Transfers and contributions out 40090 TRANSFER TO EQUITY RESERVE 0 0 0 0 0 Total Transfers and contributions out 0 0 0 0 0 Total Expenditures: 0 0 0 0 0 Total Change In Net Position 26 18 0 0 0 INTENDED FOR MANAGEMENT USE ONLY Page 28 4/20/2017 05:40 PM Page 141 of 390 MOAB CITY CORPORATION Recommended Budget 91 91 General Fixed Assets - 07/01/2017 to 06130/2018 100.00% of the fiscal year has expired Prior Year Approved Department Recommend YTD Actual YTD Actual Budget Request Budget 2015-2016 2016-2017 2016-2017 2017-2018 2017-2018 Change In Net Position Expenditures: Miscellaneous 4100 Depn expense general government 348,609 0 0 0 0 4101 Admin GASB 68 0 0 0 0 0 4300 Depn expense public safety 81,685 0 0 0 0 4301 Public Safety GASB 68 0 0 0 0 0 4400 Depn expense streets & highways 241,644 0 0 0 0 4401 Streets GASB 68 0 0 0 0 0 4500 Depn expense parks & recreation 373,549 0 0 0 0 4501 Parks GASB 68 0 0 0 0 0 Total Miscellaneous 1,045,487 0 0 0 0 Total Expenditures: 1,045,487 0 0 0 0 Total Change In Net Position 1,045,487 0 0 0 0 INTENDED FOR MANAGEMENT USE ONLY Page 29 4/20/2017 05:40 PM Page 142 of 390 r AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 25, 2017 Agenda item #: 7-5 Title: Approval of a Procurement Exception with Tony Divino Toyota for a Budgeted Purchase of 2017 Toyota Highlander Hybrid LE-V6 AWD-i Fiscal Impact: Not to exceed $34,000.00 Staff Presenter(s): Carmella Galley, Executive/Administrative Assistant Department: Administration Background/Summary: Requesting a budgeted purchase of a 2017 Toyota Highlander Hybrid LE-V6 vehicle on State Contract for the price of $32,797.28. This is a pool vehicle purchase on State Contract from Tony Divino Toyota. This vehicle will replace the 1994 Ford Taurus recently sent to auction as surplus. It can/will be used by city wide employees for travel local and long distance. Options: Approve, Deny or Postpone Staff Recommendation: Approve Recommended Motion: Approve Attachment(s): Tony DiVino quote State of Utah Approved Vendor List Number AV2532 Agenda Page 143 of 390 7-5 Consent Agenda Standard Features 2017 - 6964 - HIGHLANDER HYBRD LE-V6 AWD-i - CVT-E - Cont Variable Trans • MECHANICAL & PERFORMANCE • Toyota Hybrid System • Electronically Controlled Continuously • Variable Transmission (ECVT) • 3,500-lb Tow Capacity • Front Independent McPherson Strut & Rear Double Wishbone Suspension • Power Assisted 4-Whl Disc Brakes w/Re-gen • 18' Alloys w/P245/60R18 Tires; Temp Spare • Elec On -Demand AWD wlintelligence • Hill -Start Assist Control (MAC) • SAFETY & CONVENIENCE • Toyota Safety Sense P (TSS-P): includes Pre -Collision System with Pedestrian Detection (PCS w/PD), Lane Departure Alert with Steering Assist (LDA w/SA), Automatic High Beams (AHB) and Dynamic Radar Cruise Control (DRCC) • Star Safety System • 8 Airbags: Driver & Front Passenger Adv, Airbag System, Driver & Front Passenger Seal -Mounted Side, Driver Knee, Passenger Seal -Cushion & 3-Rw Side Curtain Airbags • Remote Keyless Entry; Engine Immobilizer • 2 LATCH -Lower Anchor & Tether for Children • EXTERIOR • Smoked Chrome Auto On/Off Head lights; Fog lights • Daytime Running Lights On/Off feature • LED Tail and Stoplights • Folding Heated Side Mirrors • Windshield Wiper w/De-lcer; Rear Wiper • INTERIOR • Seating for 8; Fabric 6-way Driver Seat, 4-way Passenger Seat, 2nd & 3rd Row 60/40 Split Fold -Flat Seats w/Recline • Backup Camera with 6.1" Display • Entune w/6.1' Touch Screen: AM/FM/CD/MP3 USB/AUX, Bluetooth Phone & Streaming Music, Voice Recognition • 4.2-in Multi -Info Display w/ Vehicle Info • 5 Total USB Ports: 3 Front, 2 Second Row • Steering Wheel w/Audio, Phone & Receive Controls • Roll -Top Console/Arm Rest; In -Dash Shelf • 8 Cup & 4 Baltte Holders; 3-12V Outlets NOTE: Standard features are based on information available when this page was posted and are subject to change without notice. Post Production Options: 2T-All Weather Floor Liners/Cargo Liner Per the State Contract the above equipped vehicle is $32,797.28 Agenda Page 144 of 390 7-5 Consent Agenda Master AV2532 Agreement # STATE OF UTAH APPROVED VENDOR LIST MASTER AGREEMENT I. CONTRACTING PARTIES: This agreement is between the Division of Purchasing and the following Contractor: Tony Divino Enterprises DBA Tony Divino Toyota LEGAL STATUS OF CONTRACTOR Name ❑ Sole Proprietor 777 West Riverdale Road ❑ Non -Profit Corporation Address ® For -Profit Corpomtion UT 84405 ❑ Partnership State Zip ❑ Government Agency Riverdale City Contact Person: Susan Peterson/Bob Spaulding Phone # 801-324-5701 or 801-721-0926 Email: petcrson a ionvdivingtoyotn,com orbspnuldipgRtonvdivinotovota on1 Vendor # 92341 A Commodity Codc # 25100 2. GENERAL PURPOSE OF AGREEMENT: The general purpose of this Approved Vendor List Master Agreement is to provide: The ability for any Eligible User to purchase vehicles from approved Vendors. 3. PROCUREMENT: This agreement is entered into as a result of the request for statement of qualifications on FY2017. Bid j!` NH17005 . 4. MASTER AGREEMENT PERIOD: Effective Date: 10/6/2016 Termination Date: 10/5/2021 unless terminated early in accordance with the terms -turd -conditions of this contract ontractor-must re -certify their qualifications every twelve (I months to remain on the Approved Vendor List, failure to re -certify, or changes to Contractor's qualifications may result in being removed from the Approved Vendor List 5. Payment: Prompt Payment Discount (ifany):NA . 6. Administrative Fee, as described in the Solicitation and Attachment A: .25% f l/4 of oneperpentl. 7. ATTACHMENT A: State of Utah Standard Terms and Conditions for ® Goods ® Services, or ❑ IT ATTACHMENT B: Vendor Response Form ATTACHMENT C: Iastrutigns on Approved Vendor List Use ATTACHMENT D: Any conflicts between Attachment A and the other Attachments will be resolved in favor of Attachment A. 7. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED: a. All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. b. Utah State Procurement Code, Procurement Rules, and Contractor's response to Bid #1•11-117005 dated 9/21/2016. 8. Each signatory below represents that he or she has the requisite authority to enter into this contract. IN W1TNEWHEREOF, the parties sign and cause this contract to be executed. CONTRA STATE C Date D c#r� tor;Iltvision of Purchasing Bate on > cto signature / tI (41.0 (Aodue g- Type or Print Name and Title Nicholas Hughes 801-538-3148 nhughes@utah.gov Division of Purchasing Comact Person Telephone Number Fax Number Email (Revision 2 June 1016) Agenda aye 14.5 or 390 7-5 Consent Agenda ATTACHMENT A: STATE OF UTAH STANDARD TERMS AND CONDITIONS FOR GOODS AND SERVICES 1. DEFINITIONS: The following terms shall have the meanings set forth below: a) "Confidential Information" means information that is deemed as confidential under applicable state and federal laws, including personal information. The Eligible User reserves the right to identify, during and after this Contract, additional reasonable types of categories of information that must be kept confidential under federal and state laws. b) "Contract" means the Contract Signature Page(s), including all referenced attachments and documents incorporated by reference. The term "Contract" shall include any purchase orders that result from this Contract. c) "Contract Sjgnature Page(s)" means the State of Utah cover page(s) that the Division and Contractor signed. d) "Contractor" means the individual or entity delivering the Procurement Item identified in this Contract. The term "Contractor" shall include Contractor's agents, officers, employees, and partners. e) "Division" means the Division of Purchasing and General Services. f) "Eligible User(s1" means those authorized to use State Cooperative Contracts and includes the State of Utah's government departments, institutions, agencies, political subdivisions (e.g., colleges, school districts, counties, cities, etc.), and, as applicable, nonprofit organizations, agencies of the federal government, or any other entity authorized by the laws of the State of Utah to participate in State Cooperative Contracts. g) "End User Agreement" means any agreement that Eligible Users are required to sign in order to participate in this Contract, including an end user agreement, customer agreement, memorandum of understanding, statement of work, lease agreement, service level agreement, or any other named separate agreement. h) "Procurement Item" means a supply, a service, construction, or technology that Contractor is required to deliver to the Eligible User under this Contract. i) "Response" means the Contractor's bid, proposals, quote, or any other document used by the Contractor to respond to the Solicitation. j) "Solicitation" means an invitation for bids, request for proposals, notice of a sole source procurement, request for statement of qualifications, request for information, or any document used to obtain bids, proposals, pricing, qualifications, or information for the purpose of entering into this Contract. k) "State of Utah" means the State of Utah, in its entirety, including its institutions, agencies, departments, divisions, authorities, instrumentalities, boards, commissions, elected or appointed officers, employees, agents, and authorized volunteers. I) "Subcontractors" means a person under contract with a contractor or another subcontractor to provide services or labor for design or construction, including a trade contractor or specialty. contractor. 2. GOVERNING LAW AND VENUE: This Contract shall be governed by the laws, rules, and regulations of the State of Utah. Any action or proceeding arising from this Contract shall be brought in a court of competent jurisdiction in the State of Utah. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County. 3. LAWS AND REGULATIONS: At all times during this Contract, Contractor and all Procurement Items delivered and/or performed under this Contract will comply with all applicable federal and state constitutions, laws, rules, codes, orders, and regulations, including applicable licensure and certification requirements. If this Contract is funded by federal funds, either in whole or in part, then any federal regulation related to the federal funding, including CFR Appendix II to Part 200, will supersede this Attachment A. 4. RECORDS ADMINISTRATION: Contractor shall maintain or supervise the maintenance of all records necessary to properly account for Contractor's performance and the payments made under this Contract. These records shall be retained by Contractor for at least six (6) years after final payment, or until all audits initiated within the six (6) years have been completed, whichever is later. Contractor agrees to allow, at no additional cost, the State of Utah, federal auditors, Division staff, or their designees, access to all such records during normal business hours and to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Contract. 5. PERMITS: If necessary Contractor shall procure and pay for all permits, licenses, and approvals necessary for the execution of this Contract. 6. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM": The Status Verification System, also referred to as "E-verify", only applies to contracts issued through a Request for Proposal process, to sole sources that are included within a Request for Proposal, and when Contractor employs any personnel in Utah. a. Contractor certifies as to its own entity, under penalty of perjury, that Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of Contractor's new employees that are employed in the State of Utah in accordance with applicable immigration laws. b. Contractor shall require that each of its Subcontractors certify by affidavit, as to their own entity, under penalty of perjury, that each Subcontractor has registered and is participating in the Status Verification System to verify the work eligibility status of Subcontractor's new employees that are employed in the State of Utah in accordance with applicable immigration laws. c. Contractor's failure to comply with this section will be considered a material breach of this Contract. 7. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the Division or the State of Utah, unless disclosure has been made to the Division. 8. INDEPENDENT CONTRACTOR: Contractor and Subcontractors, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the Division or the State of Utah. 1 Agenda Page 146 of 390 7-5 Consent Agenda 9. CONTRACTOR RESPONSIBILITY: Contractor is solely responsible for fulfilling the contract, with responsibility for all Procurement Items delivered and/or performed as stated in this Contract. Contractor shall be the sole point of contact regarding all contractual matters. Contractor must incorporate Contractor's responsibilities under this Contract into every subcontract with its Subcontractors that will provide the Procurement Item(s) to the Eligible Users under this Contract. Moreover, Contractor is responsible for its Subcontractors compliance under this Contract. 10. INDEMNITY: Contractor shall be fully liable for the actions of its agents, employees, officers, partners, and Subcontractors, and shall fully indemnify, defend, and save harmless the Division, the Eligible Users and the State of Utah from all claims, losses, suits, actions, damages, and costs of every name and description arising out of Contractor's performance of this Contract caused by any intentional act or negligence of Contractor, its agents, employees, officers, partners, or Subcontractors, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss, or damage arising hereunder due to the sole fault of an Eligible User. The parties agree that if there are any limitations of the Contractor's liability, including a limitation of liability clause for anyone for whom the Contractor is responsible, such limitations of liability will not apply to injuries to persons, including death, or to damages to property of an Eligible User. 11. EMPLOYMENT PRACTICES: Contractor agrees to abide by any other laws, regulations, or orders that prohibit the discrimination of any kind by any of Contractor's employees. 12. AMENDMENTS: This Contract may only be amended by the mutual written agreement by the Division and Contractor, which amendment will be attached to this Contract. Automatic renewals will not apply to this Contract, even if identified elsewhere in this Contract. 13. DEBARMENT: Contractor certifies that it is not presently nor has ever been debarred, suspended, proposed for debarment, or declared ineligible by any governmental department or agency, whether international, national, state, or local. Contractor must notify the Division within thirty (30) days if debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contract by any governmental entity during this Contract. 14. TERMINATION: Unless otherwise stated in this Contract, this Contract may be terminated, with cause by either party, in advance of the specified expiration date, upon written notice given by the other party. The party in violation will be given ten (10) days after written notification to correct and cease the violations, after which this Contract may be terminated for cause immediately and subject to the remedies below. This Contract may also be terminated without cause (for convenience), in advance of the specified expiration date, by either party, upon thirty (30) days written termination notice being given to the other party. The Division and the Contractor may terminate this Contract, in whole or in part, at any time, by mutual agreement in writing. On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved and conforming Procurement Items ordered prior to date of termination. In no event shall the Eligible Users be liable to the Contractor for compensation for any Procurement Item neither requested nor accepted by an Eligible User. In no event shall the Division's exercise of its right to terminate this Contract for convenience relieve the Contractor of any liability to the Eligible Users for any damages or claims arising under thls Contract. 15. NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW: Upon thirty (30) days written notice delivered to the Contractor, a purchase order that results from this Contract may be terminated in whole or in part at the sole discretion of an Eligible User, if an Eligible User reasonably determines that: (i) a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of this Contract; or (ii) that a change in available funds affects an Eligible User's ability to pay under this Contract. A change of available funds as used in this paragraph includes, but is not limited to a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. If a written notice Is delivered under this section, an Eligible User will reimburse Contractor for the Procurement Item(s) properly ordered and/or properly performed until the effective date of said notice. An Eligible User will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said written notice. 16. SALES TAX EXEMPTION: The Procurement Item(s) under this Contract will be paid for from an Eligible User's funds and used in the exercise of an Eligible Users essential functions. Upon request, an Eligible User will provide Contractor with its sales tax exemption number. It is Contractor's responsibility to request an Eligible User's sales tax exemption number. It also is Contractor's sole responsibility to ascertain whether any tax deduction or benefits apply to any aspect of this Contract. 17. WARRANTY OF PROCUREMENT ITEM(S): Contractor warrants, represents and conveys full ownership and clear title, free of all liens and encumbrances, to the Procurement Item(s) delivered to an Eligible User under this Contract. Contractor warrants for a period of one (1) year that: (i) the Procurement Item(s) perform according to all specific claims that Contractor made in its Response; (ii) the Procurement Item(s) are suitable for the ordinary purposes for which such Procurement Item(s) are used; (iii) the Procurement Item(s) are suitable for any special purposes identified in the Contractor's Response; (iv) the Procurement Item(s) are designed and manufactured in a commercially reasonable manner; (v) the Procurement Item(s) are manufactured and in all other respects create no harm to persons or property; and (vi) the Procurement Item(s) are free of defects. Unless otherwise specified, all Procurement Item(s) provided shall be new and unused of the latest model or design. Remedies available to an Eligible User under this section include, but are not limited to, the following: Contractor will repair or replace Procurement Item(s) at no charge to the Eligible User within ten (10) days of any written notification informing Contractor of the Procurement Items not performing as required under this Contract. If the repaired and/or replaced Procurement Item(s) prove to be inadequate, or fail its essential purpose, Contractor will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies an Eligible User may otherwise have under this Contract. 18. INSURANCE: Contractor shall at all times during the term of this Contract, without interruption, carry and maintain commercial 2 Agenda Page 147 of 390 7-5 Consent Agenda general liability insurance from an insurance company authorized to do business in the State of Utah. The limits of this insurance will be no less than one million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) aggregate. Contractor also agrees to maintain any other insurance policies required in the Solicitation. Contractor shall provide proof of the general liability insurance policy and other required insurance policies to the Division within thirty (30) days of contract award. Contractor must add the State of Utah as an additional insured with notice of cancellation. Failure to provide proof of insurance as required will be deemed a material breach of this Contract. Contractor's failure to maintain this insurance requirement for the term of this Contract will be grounds for immediate termination of this Contract. 19. WORKERS' COMPENSATION INSURANCE: Contractor shall maintain workers' compensation insurance during the term of this Contract for all its employees and any Subcontractor employees related to this Contract. Workers' compensation insurance shall cover full liability under the workers' compensation laws of the jurisdiction in which the work is performed. at the statutory limits required by said jurisdiction. 20. PUBLIC INFORMATION: Contractor agrees that this Contract, related purchase orders, related pricing documents, and invoices will be public documents and may be available for public and private distribution in accordance with the State of Utah's Government Records Access and Management Act (GRAMA). Contractor gives the Division, the Eligible Users, and the State of Utah express permission to make copies of this Contract, related sales orders, related pricing documents, and invoices in accordance with GRAMA. Except for sections identified in writing by Contractor and expressly approved by the Division, Contractor also agrees that the Contractor's Response will be a public document, and copies may be given to the public as permitted under GRAMA. The Division, the Eligible Users, and the State of Utah are not obligated to inform Contractor of any GRAMA requests for disclosure of this Contract, related purchase orders, related pricing documents, or invoices. 21. DELIVERY: All deliveries under this Contract will be F.O.B. destination with all transportation and handling charges paid for by Contractor. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to an Eligible User, except as to latent defects or fraud. Contractor shall strictly adhere to the delivery and completion schedules specified in this Contract. 22. ACCEPTANCE AND REJECTION: An Eligible User shall have thirty (30) days after delivery of the Procurement Item(s) to perform an inspection of the Procurement Item(s) to determine whether the Procurement Item(s) conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Procurement Item(s) by the Eligible User. If Contractor delivers nonconforming Procurement Item(s), an Eligible User may, at its option and at Contractor's expense: (i) return the Procurement Item(s) for a full refund; (ii) require Contractor to promptly correct or replace the nonconforming Procurement Item(s) or (iii) obtain replacement Procurement Item(s) from another source, subject to Contractor being responsible for any cover costs. Contractor shall not redeliver corrected or rejected Procurement Item(s) without: first, disclosing the former rejection or requirement for correction; and second, obtaining written consent of the Eligible User to redeliver the corrected Procurement Item(s). Repair, replacement, and other correction and redelivery shall be subject to the terms of this Contract. 23. INVOICING: Contractor will submit invoices within thirty (30) days of the delivery date of the Procurement Item(s) to the Eligible User. The contract number shall be listed on all invoices, freight tickets, and correspondence relating to this Contract. The prices paid by an Eligible User will be those prices listed in this Contract, unless Contractor offers a prompt payment discount within its Response or on its invoice. Eligible Users have the right to adjust or return any invoice reflecting incorrect pricing. 24. PAYMENT: Payments are to be made within thirty (30) days after a correct invoice is received. All payments to Contractor will be remitted by mail, electronic funds transfer, or the State of Utah's Purchasing Card (major credit card). If payment has not been made after sixty (60) days from the date a correct invoice is received by an Eligible User, then interest may be added by Contractor as prescribed in the Utah Prompt Payment Act. The acceptance by Contractor of final payment, without a written protest filed with the Eligible User within ten (10) business days of receipt of final payment, shall release the Eligible User from all claims and all liability to the Contractor. An Eligible User's payment for the Procurement Item(s) and/or Services shall not be deemed an acceptance of the Procurement Item(s) and is without prejudice to any and all claims that the Eligible User may have against Contractor. Contractor shall not charge Eligible Users electronic payment fees of any kind. 25. INDEMNIFICATION RELATING TO INTELLECTUAL PROPERTY: Contractor will indemnify and hold the Division, the Eligible Users, and the State of Utah harmless from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities, and costs in any action or claim brought against the Division, the Eligible User, or the State of Utah for infringement of a third party's copyright, trademark, trade secret, or other proprietary right. The parties agree that if there are any limitations of Contractor's liability, such limitations of liability will not apply to this section. 26. OWNERSHIP IN INTELLECTUAL PROPERTY: The Division, the Eligible User, and Contractor each recognizes that each has no right, title, or interest, proprietary or otherwise, in the intellectual property owned or licensed by the other, unless otherwise agreed upon by the parties in writing. All Procurement Item(s), documents, records, programs, data, articles, memoranda, and other materials not developed or licensed by Contractor prior to the execution of this Contract, but specifically manufactured under this Contract shall be considered work made for hire, and Contractor shall transfer any ownership claim to the Eligible User. 27. ASSIGNMENT: Contractor may not assign, sell, transfer, subcontract or sublet rights, or delegate any right or obligation under this Contract, in whole or in part, without the prior written approval of the Division. 28. REMEDIES: Any of the following events will constitute cause for an Eligible User to declare Contractor in default of this Contract: (i) Contractor's non-performance of its contractual requirements and obligations under this Contract; or (ii) Contractor's material breach of any term or condition of this Contract. An Eligible User may issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If 3 Agenda Page 148 of 390 7-5 Consent Agenda the default remains after Contractor has been provided the opportunity to cure, an Eligible User may do one or more of the following: (i) exercise any remedy provided by law or equity; (ii) terminate this Contract; (iii) impose liquidated damages, if liquidated damages are listed in this Contract; (iv) debar/suspend Contractor from receiving future contracts from the Division; or (v) demand a full refund of any payment that the Eligible User has made to Contractor under this Contract for Procurement Item(s) that do not conform to this Contract. 29. FORCE MAJEURE: Neither an Eligible User nor Contractor will be held responsible for delay or default caused by fire, riot, act of God, and/or war which is beyond that party's reasonable control. An Fligible User may terminate a purchase order resulting from this Contract after determining such delay will prevent Contractor's successful performance of this Contract. 30. CONFIDENTIALITY: If Confidential Information is disclosed to Contractor, Contractor shall: (i) advise its agents, officers, employees, partners, and Subcontractors of the obligations set forth in this Contract; (ii) keep all Confidential Information strictly confidential; and (iii) not disclose any Confidential Information received by it to any third parties. Contractor will promptly notify an Eligible User of any potential or actual misuse or misappropriation of Confidential Information. Contractor shall be responsible for any breach of this duty of confidentiality, including any required remedies and/or notifications under applicable law. Contractor shall indemnify, hold harmless, and defend the Eligible User, including anyone for whom the Eligible User is liable, from claims related to a breach of this duty of confidentiality, including any notification requirements, by Contractor or anyone for whom the Contractor is liable. Upon termination or expiration of this Contract, Contractor will return all copies of Confidential Information to the Eligible User or certify, in writing, that the Confidential Information has been destroyed. This duty of confidentiality shall be ongoing and survive the termination or expiration of this Contract. 31. LARGE VOLUME DISCOUNT PRICING: Eligible Users may seek to obtain additional volume discount pricing for large orders provided Contractor is willing to offer additional discounts for large volume orders. No amendment to this Contract is necessary for Contractor to offer discount pricing to an Eligible User for large volume purchases. 32. ELIGIBLE USER PARTICIPATION: Participation under this Contract by Eligible Users is voluntarily determined by each Eligible User. Contractor agrees to supply each Eligible User with Procurement Items based upon the same terms, conditions, and prices of this Contract. 33. INDIVIDUAL CUSTOMERS: Each Eligible User that purchases Procurement Items from this Contract will be treated as individual customers. Each Eligible User will be responsible to follow the terms and conditions of this Contract. Contractor agrees that each Eligible User will be responsible for their own charges, fees, and liabilities. Contractor shall apply the charges to each Eligible User individually. The Division is not responsible for any unpaid invoice. 34. REPORTS AND FEES: a. Administrative Fee: Contractor agrees to provide a quarterly administrative fee to the Division in the form of a Check or EFT payment. The fee will be payable to the "State of Utah Division of Purchasing" and will be sent to State of Utah, Division of Purchasing, 3150 State Office Building, Capitol Hill, PO Box 141061, Salt Lake City, UT 84114. The quarterly administrative fee will be the amount listed in the Solicitation and will apply to all purchases (net of any returns, credits, or adjustments) made under this Contract. b. Quarterly Reports: Contractor agrees to provide a quarterly utilization report, reflecting net sales to the State during the associated fee period. The report will show the quantities and dollar volume of purchases by each agency and political subdivision. The quarterly report will be provided in secure electronic format and/or submitted electronically to the Utah reports email address: sa lesre ports@ uta h.gov. c. Report Schedule: Quarterly utilization reports shall be made In accordance with the following schedule: Period End Reports Due March 31 April 30 June 30 July 31 September 30 October 31 December 31 January 31 d. Fee Payment: After the Division receives the quarterly utilization report, it will send Contractor an invoice for the total quarterly administrative fee owed to the Division. Contractor shall pay the quarterly administrative fee within thirty (30) days from receipt of invoice. e. Timely Reports and Fees: If the quarterly administrative fee is not paid by thirty (30) days of receipt of invoice or quarterly utilization reports are not received by the report due date, then Contractor will be in material breach of this Contract. 35. ORDERING: Orders will be placed by the using Eligible User directly with Contractor. All orders will be shipped promptly in accordance with the terms of this Contract. 36. END USER AGREEMENTS: If Eligible Users are required by Contractor to sign an End User Agreement before participating in this Contract, then a copy of the End User Agreement must be attached to this Contract as an attachment. The term of the End User Agreement shall not exceed the term of this Contract, and the End User Agreement will automatically terminate upon the completion of termination of this Contract. An End User Agreement must reference this Contract, and may not be amended or changed unless approved in writing by the Division. Eligible Users will not be responsible or obligated for any early termination fees if the End User Agreement terminates as a result of completion or termination of this Contract. 4 Agenda Page 149 of 390 7-5 Consent Agenda 37. PUBLICITY: Contractor shall submit to the Division for written approval all advertising and publicity matters relating to this Contract. It is within the Division's sole discretion whether to provide approval, which approval must be in writing. 38. WORK ON STATE OF UTAH OR ELIGIBLE USER PREMISES: Contractor shall ensure that personnel working on the premises of an Eligible User shall: (i) abide by all of the rules, regulations, and policies of the premises; (ii) remain in authorized areas; (iii) follow all instructions; and (iv) be subject to a background check, prior to entering the premises. The Eligible User may remove any individual for a violation hereunder. 39. CONTRACT INFORMATION: During the duration of this Contract the State of Utah Division of Purchasing is required to make available contact information of Contractor to the State of Utah Department of Workforce Services. The State of Utah Department of Workforce Services may contact Contractor during the duration of this Contract to inquire about Contractor's job vacancies within the State of Utah. 40. WAIVER: A waiver of any right, power, or privilege shall not be construed as a waiver of any subsequent right, power, or privilege. 41. SUSPENSION OF WORK: Should circumstances arise which would cause an Eligible User to suspend Contractor's responsibilities under this Contract, but not terminate this Contract, this will be done by formal written notice pursuant to the terms of this Contract. Contractor's responsibilities may be reinstated upon advance formal written notice from the Eligible User. 42. PROCUREMENT ETHICS: Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan, reward, or any promise thereof to any person acting as a procurement officer on behalf of the State of Utah, or to any person in any official capacity who participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization. 43. CHANGES IN SCOPE: Any changes in the scope of the services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the scope of services. 44. ATTORNEY'S FEES: In the event of any judicial action to enforce rights under this Contract, the prevailing party shall be entitled its costs and expenses, including reasonable attorney's fees incurred in connection with such action. 45. TRAVEL COSTS: If travel expenses are permitted by the Solicitation All travel costs associated with the delivery of Services under this Contract will be paid according to the rules and per diem rates found in the Utah Administrative Code R25-7. Invoices containing travel costs outside of these rates will be returned to the vendor for correction. 46. PERFORMANCE EVALUATION: The Division may conduct a performance evaluation of Contractor, including Contractor's Subcontractors. Results of any evaluation may be made available to Contractor upon request. 47. STANDARD OF CARE: The services performed by Contractor and its Subcontractors shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude, and complexity of the services that are the subject of this Contract. Contractor shall be liable to the Eligible User for claims, liabilities, additional burdens, penalties, damages, or third party claims (e.g., another Contractor's claim against the State of Utah), to the extent caused by wrongful acts, errors, or omissions that do not meet this standard of care. 48. REVIEWS: The Division reserves the right to perform plan checks, plan reviews, other reviews, and/or comment upon the services of Contractor. Such reviews do not waive the requirement of Contractor to meet all of the terms and conditions of this Contract. 49. DISPUTE RESOLUTION: Prior to either party filing a judicial proceeding, the parties agree to participate in the mediation of any dispute. The Division or an Eligible User, after consultation with Contractor, may appoint an expert or panel of experts to assist in the resolution of a dispute. If the Division or an Eligible User appoints such an expert or panel, the Division or the Eligible User and Contractor agree to cooperate in good faith in providing information and documents to the expert or panel in an effort to resolve the dispute. 50. ORDER OF PRECEDENCE: In the event of any conflict in the terms and conditions in this Contract, the order of precedence shall be: (i) this Attachment A; (ii) Contract Signature Page(s); (iii) the State of Utah's additional terms and conditions, if any; (iv) any other attachment listed on the Contract Signature Page(s); and (v) Contractor's terms and conditions that are attached to this Contract, if any. Any provision attempting to limit the liability of Contractor or limit the rights of an Eligible User, the Division, or the State of Utah must be in writing and attached to this Contract or it is rendered null and void. 51. SURVIVAL OF TERMS: Termination or expiration of this Contract shall not extinguish or prejudice Eligible Users' right to enforce this Contract with respect to any default of this Contract or defect in the Procurement Item(s) that has not been cured, or of any of the following clauses, including: Governing Law and Venue, Laws and Regulations, Records Administration, Remedies, Dispute Resolution, Indemnity, Newly Manufactured, Indemnification Relating to Intellectual Property, Warranty of Procurement Item(s), Insurance. 52. SEVERABILITY: The invalidity or unenforceability of any provision, term, or condition of this Contract shall not affect the validity or enforceability of any other provision, term, or condition of this Contract, which shall remain in full force and effect. 53. ERRORS AND OMISSIONS: Contractor shall not take advantage of any errors and/or omissions in this Contract. The Contractor must promptly notify the Division of any errors and/or omissions that are discovered. 54. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. 5 Revised August 8, 2016 Agenda Page 150 of 390 7-5 Consent Agenda Attachment B: Statewide Vehicle Response Form Solicitation Number: NH17005 In order to participate in this Request for Statement of Qualifications (RFSQ) for Statewide Vehicle Approved Vendor List, this Response Form must be completed and signed. Completed/signed RFSQ Response Forms must be submitted electronically through the SciQuest. Detailed submission instructions are included in the RFSQ solicitation. VENDOR INFORMATION Company Name: Tony Divino Enterprises DBA Tony Divino Toyota Company Address: 777 W. Riverdale Rd., Riverdale, UT, 84405 Local Representative Name: Susan Peterson / Bob Spaulding Local Representative Contact Information: (Phone and Email Address) spetersontatonydivinotovota.com/801-394-5701 bspaulding@tonydivinotoyota.com/801-721-0925 Company Website: fleet@tonydivinotoyota.com Protected Information: All protected/proprietary information must be identified in this section of the response by completing the Claim of Business Confidentiality referenced in Section 1.8 of the RFSQ. If the Vendor's response contains protected/proprietary information (refer back to the Protected Information section of this RFSQ for additional information), then Vendor must submit a redacted copy of the response at the same time Vendor submits its response. The redacted copy of the Vendor's response must be submitted in compliance with other sections of this document. If there is no protected information, write "None" in this section. Potential Conflicts of Interest: Vendor must identify any conflict, or potential conflict of interest, that might arise during the contract. If no conflicts are identified or expected, write "None" in this section. I. Mandatory Minimum Qualifications/Requirements Business license: All Vendors must provide an up to date business license. Have you provided a copy of your business license in your proposal submission? Yes ❑ YES No ❑ Business background and years in business: Vendor must be licensed dealer of manufacturer's products for the last two (2) years. Vendors are encouraged to list any fleet experience during that time, government or commercial. Fleet experience is preferred; however, it is not required. Have you been a licensed dealer for the manufacturer for the past two (2) years? Yes ❑ YES No ❑ Acknowledgement and completion of Attachment B: Vendor must acknowledge and complete this Attachment B — Statewide Vehicle Response Form. Have you completed this form and answered all questions contained herein? Yes ❑ YES No ❑ Solicitation NH1700S Attachment B: Statewide Vehicle Response Form Agenda 7-5 Consent Agenda II. Pre -Qualification Categories Vendors are to identify the manufacturing category for which it is seeking prequaiification. Category Buick and GMC Yes ■ Nissan Yes ■ Honda Yes ■ Chevrolet Yes ■ Ford Yes O Chrysler/Dodge/Jeep/Ram Yes ■ Toyota Yes ■ XXX Subaru Yes ■ Open (any manufacturer not listed in the above 8 categories) Yes ■ III. Statement of Qualifications a. In addition to answers within the text box, dealers are encouraged to expound on information provided by uploading additional attachments to their proposal. Vendors are required_ to provide the following: 1. Fleet Incentive Discounts: Vendors are encouraged to list and describe the types of fleet discounts and/or incentive rebates. If discounts and rebates vary by volume, please list and describe. Vendor Response: See attached 2017 Toyota Government Fleet discounts 2. Dealer Percentage (%) off Manufacturer's Suggested Retail Price (MSRP): The State of Utah seeks a flat minimum oercentaite discount. Vendors are encouraged to work closely with the manufacturer in obtaining any additional discounts; such as bld assistance, etc., that may be passed on to the State. The State would like each vendor to offer a fixed minimum percentage discount off MSRP for future vehicles purchased under the contract. a. Should a dealer get approved to be on the AVL, the minimum flat rate percentage off MSRP should be a flat rate that will be applied to all purchases conducted as a result of this AVL. In subsequent bids for Requested Vehicle Specifications, dealers may, and are encouraged to offer higher percentage discounts on top of their flat rate discount in order to remain competitive. Solicitation NH17005 Attachment B: Statewide Vehicle Response Form Agenda 7-5 Consent Agenda b. If discounts vary by model, dealer should calculate a minimum flat rate that is acceptable for all models. c. The dealer that provides the highest fiat rate discount will receive full points for this category. d. The State of Utah reserves the right to conduct audits to confirm that all minimum flat rate discounts are being honored and applied to all purchases made by Eligible Users. Vendor Response: Minimum Flat Discount B% from Base MSPR Average Discount from base MSRP 11.5% 3. Dealer Percentage (%) off optional equipment: The State of Utah seeks a fiat. minimum percentage discount. Vendors are encouraged to work closely with the manufacturer to provide a minimum percentage discount off manufacturer's optional equipment. The State would like each vendor to offer a fixed minimum percentage discount off optional equipment that is purchased under the contract. a. Should a dealer get approved to be on the AVI, the minimum flat rate percentage off optional equipment should be a flat rate that will be applied to all purchases of optional -equipment -conducted -as a result -of -this AVI. In— subsequerifbids for Requested Vehicle Specifications, dealers may, and are encouraged to offer higher percentage discounts on top of their flat rate discount in order to remain competitive. b. If discounts off optional equipment vary by model, dealer should calculate a minimum flat rate that is acceptable for all optional equipment. c. The dealer that provides the highest flat rate discount will receive full points for this category. d. The State of Utah reserves the right to conduct audits to confirm that all minimum fiat rate discounts are being honored and applied to all purchases made by Eligible Users. Vendor Response: Minimum Flat Discount off of MSRP 10% Average Discount off MSRP 15% 4. Dealer Service and Maintenance of Warrantied Vehicles: The State of Utah seeks dealerships with successful service and maintenance shops that provide efficient, quality, and exceptional service for vehicles purchased at location. Dealers are encouraged to provide reports that demonstrate quality maintenance and service on warrantied vehicles i.e. reports, certificates, awards, or ratings. Solicitation NH17005 Attachment B: Statewide Vehicle Response Form Agenda - Page 153—of AO 7-5 Consent Agenda Vendor Response: Toyota does not send certificates. See attached photos of awards. S. Delivery Days: Vendors should list the average number of days for delivery to required location after the vehicle is delivered to dealership. Vendor Response: 4 days IV. Scope of Work 1. Overview: a. This Approved Vendor List ("AVL") and subsequent contracts awarded from this AVL are for vehicle purchases only. Leasing of vehicles is not a part of this AVL and will not be part of the resulting contracts. b. Dealerships are encouraged to work closely with the manufacturer in obtaining any additional discounts; such as bid assistance, etc., that may be passed on to the State. c. All quotes should be inclusive of dealer overhead, profit, registration fees, an initial tank of gas and/or alternative fuel up to $50.00 per vehicle, preparation and pre -delivery servicing expenses, and on -site customer delivery. d. Contract award will be made after careful evaluation and will be based primarily on the dealership's ability to provide the lowest total price on selected vehicles. e. The State encourages dealerships to carefully consider their dealer profit amount to assure that it is adequate to cover dealership requirements and still provide high quality customer assistance and support, yet slim enough to provide a competitive edge sufficient to win a contract. f. Some ordering entities who lack the ability to generate an order worksheet may require the dealership's services in providing customer support and assistance. g. The Procurement Manager for this solicitation and award process is: Nicholas D. Hughes, State of Utah Division of Purchasing & General Services Room 3150 State Office Building, Capitol Hill Salt Lake City UT 84114-1061 nhughesPutah.gov Telephone: (801) 538-3148 Fax: (801) 538-3882 h. Contract(s) resulting from this AVL shall be used by state agencies and may be used by political subdivisions. Dealer(s) agree to furnish the specified vehicles to all state agencies and to political subdivisions (colleges, universities, cities, counties, school Solicitation NH17005 Attachment B: Statewide Vehicle Response Form 1 Agenda 7-5 Consent Agenda districts and other public entities) under the same terms and conditions offered in this AV L. 2. Pricing, Delivery, and Payment: a. The State intends to pay for manufacturer -to -dealer destination charges. With the exception of a change to pricing and/or destination charges initiated by the manufacturer, the destination charges shall be fixed for the contract period. Changes made by the manufacturer shall be validated by the manufacturer. Any decreases in pricing shall be passed immediately to the State. b. Charges, such as shop/service manuals, third key, decal application, or pass -through code charges may be added to the invoice as separate line items. c. All prices, discounts, equipment, etc., shall be verifiable. In cases where prices or equipment are in dispute, dealers shall consult directly with the manufacturer and provide to the satisfaction of the ordering entity written documentation to support the price. d. Delivery schedules must be accurate. Dealers should make every effort possible to confirm factory acceptance of order, build date, and scheduled delivery. Dealers shall notify ordering entities within 14 days of order placement. Quoted lead times shall not exceed 30 days. In the event factory acceptance, build date, scheduled delivery date or delivery exceeds the 14 day or 30 day requirements above, the ordering entity may elect to impose a daily fine of up to $10.00 per day or cancel the Jrderwvithout-penatty. = e. State agencies shall make prompt payment to the dealer according to State established policies. Ordering entities shall make payments within fourteen (14) calendar days from the date of an approved invoice. This clause supersedes the payment time frame specified in Clause 24 of the State's Standard Terms and Conditions. The dealer is authorized to assess a finance charge to all late payments, provided the late payment is clearly the fault of the ordering entity. This finance charge cannot exceed the late payment interest rate as described in Clause 24 in the State's Standard Terms and Conditions. The dealer shall make prompt payment to the manufacturer. Any invoice from the manufacturer received by the ordering entity will be returned to the dealership for resolution. The State of Utah and Eligible Users assume no responsibility for unpaid invoices submitted by the manufacturer. f. Prior to delivery of any vehicle, the dealer should make arrangements with the ordering entity for the purpose of conducting a physical inventory of the vehicle(s). Pre -delivery servicing and adjustments shall be made to include (but not limited to) those listed below: i. All adjustments required to meet Utah safety inspection requirements and emission control certifications; ii. Tune engine for Eligible Users location altitude; iii. Adjust all accessories to optimal working condition; iv. Inspect electrical, braking and suspension systems; v. Charge battery; vi. Align front end (and rear end if applicable); vii. Inflate tires to optimal pressure; viii. Computer spin balance all wheels including spare; Solicitation NH17005 Attachment B: Statewide Vehicle Response Form Agenda 7-5 Consent Agenda ix. lubricate engine and chassis. Fill all lubrication reservoirs (crankcase power steering, transmission, differential, power brakes) with appropriate lubricants for current operating temperatures. Affix a plastic static type sticker to upper left windshield advising of the next recommended servicing; x. Service cooling system with permanent type antifreeze and summer coolant for -20 deg. F; and fill windshield washer fluid reservoir(s) with a type suitable to -20 deg. F.; xi. Vehicle(s) shall be ready for immediate operation and should include a full tank(s) of gas and/or alternative fuel up to 550.00. Cost of gas and/or alternative fuel shall be included in the dealer quote. xii. Vehicle(s) must be clean and thoroughly detailed inside and out prior to delivery. All upholstery and floor protection is to be removed. Manufacturer's floor mats are to be placed, window decals removed and all adhesive cleaned from the vehicle. Vehicle must be delivered free of any decal or other attached item identifying the dealer. The vehicle is expected to be completely cleaned and operational at the time of delivery/pickup; xiii. All factory defects must be corrected prior to delivery; and xiv. Two (2) sets of pre -tested keys marked with the VIN number. The vehicle key code must be provided, attached to the keys. 3. Registration: a. Dealer agrees to be responsible for properly registering and affixing to all State agency vehicles the state authorized "EX" type centennial plates prior to delivery. b. Ordering entities may elect to register their own vehicle(s). Should an ordering entity wish to register their own vehicle, the ordering entity will advise the dealer at the time the order is placed. In such case, the dealer should take this into account when delivering a quote. 4. Documentation: a, The following items should be delivered with each vehicle i. Operators (owners) Manual ii. Manufacturer's Warranty Information * Original Odometer Statement properly signed iv. * Manufacturer's Statement of Origin (MSO) properly signed v. * Application for Title properly completed and signed vi. Manufacturer's specifications attached to vehicle vii. Signed pre -delivery checklist certifying completion of the above items, and those listed in Pricing and Delivery. viii, Window Sticker ix. Copy of Odometer Statement for dealership plated vehicles x. Contract of Sale (* Denotes documentation that must be provided only to those entities registering their own vehicle. 5. Advertising: a. No advertising, such as the dealer's name, logo, emblems or license place holders are to be placed on any vehicle ordered under this contract. Dealer will be Solicitation NH17005 Attachment B: Statewide Vehicle Response Form Agenda Pogo 156 of 304 7-5 Consent Agenda Attachment C: Instructions for AVL use In order to assign work under the Approved Vendor List Eligible Users must use a quotation process, listed below, to purchase one or more vehicles based on their needs. During the quotation process an Eligible User will submit a Requested Quote Specification to each Vendor within the manufacturing category, via email or phone quote, on the Approved Vendor List that provides the vehicle(s) required by the Eligible User. Only Vendors on the Approved Vendor List who have been awarded a Master Agreement will be able to participate in the quotation process. Eligible Users must provide a deadline in which the approved Vendors must respond to the quotation process. Eligible Users will then award to the Vendor with the lowest cost that meets the Requested Quote Specifications. Lastly, quotes submitted by Vendors must include all delivery prices. In order to maintain fair and equitable opportunity to compete under the open-ended Approved Vendor List for Statewide vehicles, Eligible Users must adhere to the following steps in purchasing off of the Approved Vendor List: 1. Eligible users must work with their own fleet manager or motor pool personnel that oversee vehicle purchasing. 2. Eligible Users will determine vehicle needs and required features. Eligible Users will develop a worksheet listing the vehicle to be purchased; the delivery schedule; selected optional equipment with the manufacturers equipment codes; exterior and interior colors etc., ("Requested Quote Specifications"). 3. A Requested Quote Specifications should contain all information required to be evaluated and eligible for consideration i.e. specifications for _vehicleL time _frame for delivery_, availability of inventory, etc. For example, if a dealer provides a vehicle at a lower cost but is not able to meet the timeframe requested, the dealer will be considered non- responsive for that individual bid. 4. Eligible Users must then submit the Requested Quote Specifications to each approved Vendor in the manufacturing category which provides the requested inventory item. Eligible Users should identify in their Requested Quote Specification that quotes are being sought under the Statewide Approved Vendor List and seek, at a minimum, all discounts identified in Vendors proposal. 5. Eligible Users must document the procedure used to evaluate the offers. Eligible Users must also provide a deadline in which Vendors must submit responses. 6. Eligible Users must follow the Utah Procurement Code in evaluating bids. 7. Eligible Users must award the lowest responsive and responsible bidder that meets the Requested Quote Specifications. 8. Eligible Users will coordinate with winning Vendor for completion of bid. Executive Branch Agencies falling under the jurisdiction of the State Motor Pool or Division of Fleet Operations will be required to coordinate with State Motor Pool or Division of Fleet before using the AVL. Fleet Operations Use of the Approved Vendor List: 1. State Fleet Operations will build vehicle specifications. These are Fleets most common vehicle purchases (class standards). 2. State Fleet will generate an estimated number of vehicles needed for each class standard. 3. State Fleet will then send these specifications, along with estimated amount of vehicles needed for each class standard, to all vendors on the Approved Vendor List requesting current model year pricing. Agenda Page 157 of 390 7-5 Consent Agenda Attachment C: Instructions for AVL use a. The estimated number does not guarantee purchase of that amount. 4. The manufacturer and vendor that meet Fleets requirements for best vehicle in each of these classes, for that model year, will be the vendor of choice for that year. Each class will be looked at separately and will be awarded individually. 5. The pricing that is submitted for each class standard will need to be held throughout the model year buy cycle. 6. As additional vehicle specifications are needed throughout the year, Fleet will follow the above referenced procedures. Pricing received on these specifications will also need to be held for the model year. • Vendors will not be allowed to negotiate additional terms and conditions based on the Scope of Work (provided for in Attachment B: Statewide Vehicle Response Form) or Requested Quote Specifications. ■ The State of Utah Division of Purchasing may assist Eligible Users in using the open-ended Approved Vendor List. Agenda Page 158 of 390 7-5 Consent Agenda GOVERNMENT FLEET INVOICE CREDIT PROGRAM (H7)1Runner$60086$0Avalon Gas$800Avalon Hybrid$800Camry Ty Hybrid$1,200Corolla$800Corolla iM$500Highlander Gas$OHighlander Hybrid$OLand Cruiser$0MiraiTBDPrius$900Prius 00Prius Prime$3.000RAV4$800RAV4 H {grid$600Seguoia$500Sienna$1,000'Tacoma$OTundra51,500Yaris OVERNMENT FLEET INVOICE CREDIT PROGRAM (H7) $600 86 $800 Avalon Hybrid $1,200 Camry Hybrid $800 Corolla iM $0 Highlander Hybrid $0 Mirai $900 Prius c $700 Prius Prime $800 RAV4 Hybrid $500 Sienna $0 Tundra $500 Yaris IA $0 $800 $1,200 $500 $0 TBD $500 $3,000 $600 $1,000 $1,500 $500 A$500 Page 159 of 390 7-5 Consent Agenda r AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 25, 2017 Agenda item #: 8-1 Title: Approval of Proposed Ordinance #2017-05 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab 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 January 10, 2017. I then certified the annexation on February 6, 2017 and advertised the protest period. The protest period ended on March 6, 2017 and I received confirmation from Grand County that no valid protests were received. The public hearing was held on April 11, 2017 and no public comment was received The next step in the process is to approve the ordinance/annexation. Options: Approve, Deny or Postpone. Staff Recommendation: Staff recommends approval as per the Planning Commission and Pla Recommended Motion: I move to approve (insert agenda item) Attachment(s): Proposed Ordinance #2017-05 Annexation Petition Notice of Certification Annexation Checklist Planning Staff Annexation Policy Review Planning Commission Resolution Agenda Page 160 of 390 8-1 Old Business /'Y_JC 11 CN FR JlT S AN\EXAII CN CH32KU ST ITEM DEFAI LS Completed Petition Received Address (adjacent to City Limits) Contact Name Contact Phone # Copy of Petition mailed to County Clerk & PC by applicant Notice of PC Meeting posted on property City Council Acceptance/Denial Notice of Denial Mailed Planning Commission Review Recommended Zone PC Annexation Review Received o% 25% so% 759/0 i00% Certification Date SPA I NFCRMAT1 CN • Nicholas D. Brown • agoo Pueblo Alto • Santa Fe, NM 87507 • 505-795-5529 Notice of Certification to City Council Notice of Certification to Affected Entities Notice of Certification Published Protest Period Ends Protests Received City Council Agenda to Set Public Hearing Ordinance # Public Hearing Date Ordinance Approval Date Notice of Annexation to Affected Entities Notice of Annexation Published Notice of Annexation mailed to Contact Sponsor Annexation mailed to Lt. Governor Certificate of Annexation received from Lt. Governor Annexation Recorded with County Recorder City Zoning Map Updated 23-Dec-16 435 River Sands Rd. Nicholas D. Brown 505-795-5529 = a3-Dec-a6 ao-Jan-i7 n/a g-Feb-a7 R-4 io-Mar-a7 6-Feb-17 6-Feb-a7 6-Feb-a7 02/09 02/16 02/23/2017 6-Mar-a7 No 28-Mar-17 2017-05 la-Apr-a7 J J J J J J J J J J J J J J J J J J J J Agenda Page 161 of 390 8-1 Old Business City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 PYMT REVD CITY OF MOAI3 DEC 23 2016 Fec :11Z61 4 PETITION FOR ANNEXATION Petition Date: 12 l i S' Petition Description (Approximate Address): 935 Tz;vzr Sa.A.0\5 fib` Contact Sponsor Name: 1i I Lr" ° VC% 5 ' 73 Cc Contact Sponsor Mailing Address: Z ctC.-)c' Pt"' e.b\ o A 1'-13 Scan-ta. , ` rl Se Contact Sponsor Phone Number: Sr-c.65 2ck We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiplepetitioner petition. Printed Name Mailing Address Signature 1. 2. 3. 4. 5. 6. 7. CO C, 110 Page 162 of 390 RECEIVE DEC 12 2016 r V .$ 9. 10. * Moab City Code 17.12.150 Moab City -Annexation Petition 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. List 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; 44 N An accurate, recordable map prepared by a licensed surveyor of the area(s) proposed for annexation; "n-. c) 1'1 VL't, D-RS Copes of notices sent to affected entities; kl 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. 95;j 1 l(P� 5 � S (-2--�A � m cv.e.,b $ 2 A Qo-cc-ej w",11,�-, ,� E 35- I ��''^51.:�► 15 i g--o-p, �14.5e. t,„pt /1/4,“2-1-7 t Gf-Ce-_a u1-r,\-N cWC�(12-4\ a5-foi.`o,..rj 5”:" a: -A- rL ()c4"`k wb.ck t,.,,"5t.a cwcv�.,t Moz.b <<� loo..n�cs sw a Pay.+ 6ea.rs 54, ° S4 �inie5+ L 67‘.4 6 Ft, 5,2c7;-, t4o bo'' 6C. wit 1��jtg .9 4,�,(lv,.., g� P©rn¢r �� Se��iw. 3�, f L5"$, (2-1\ Ei 5" � ate+ �..�4 n.r�4,�p�.,tee A (s 4-1, (5V � 6 �' w a3f 11,b .1 -C+, 4-0 0.- to �•• \ :y., -� G,.�c'1/-�-.+ (/"� C�.J co, 10 ate.,ws ' v� 6.5 b� 1v0-411.., $r9,'"4 rEo,sf t7`7, � �� � 1142.Ac12_ S.v-A. Ea (� z '�� , 4-'5 R Po-. ch "ikk L �rr-e�-t- Mc>c31,6 C bc+."A,,,g3 C, nrg 3,1)4.5 Z7i 0e.2) S�-`r+7 Or" G, 62. rzc�5 t3 sv Page 163 of 390 ssau!sn8 PIO I-8 t�'�llbDe,_( mc5-a\p (AIN) I,-0.22.. 4;-a-A eFcc- `'A • C z z GI sr (-Co r 0-0 _ Ct_+ 4P-v-N 5 C3v� cA 1/‘ t\\ \ 11-0—A (4\ ro S° x p 0\ v2i'54\ 5c:5-znA., t-‘-)k. -6— 5c--Lc2-e "D/\0,-,W- =,--1-•\ j v \cA,v4-5 c a, a QA w�-5 -E-ti.ck. e"s• �CY-SSA . RECEIVED DEC 12 2016 BY• T e-r5:,--61aZi- 1,6"C—"E,1 vk.7\r1 C Page 164 of 390 BROWN-RIVERSANDS ANNEXATION MAP Surveyor's Certificate MOAB CITY, GRAND COUNTY, UTAH LOT 2 HAZLET MINOR SUB. PRESENT CITY LIMITS V V v v V v ]! N 89°54' E 179.6' HOUSE 03-035-0042 ROHR-COOLEY x v v SOUTH QUARTER CORNER SECTION 35, T255, R21E, SLB&M (FOUND MON) LEGEND Fence Line Edge Of Asphalt Section Comer Monument p Property Comer Agenda 03-035-0133 NICHOLAS D BROWN S 89°54' W 179.6' PRESENT CITY LIMITS S 89'54' W 1675.6' x .V9ZI 3 .90.00 S DEER TRAIL TOWNHOMES SUB. BASIS OF BEARING APPROVED BY MOAB CITY MAYOR APPROVED CITY RECORDER APPROVED SOUTHEAST CORNER SECTION 35, T255,1121E, SLB&M (FOUND MON) a x x x x x >r x x x x x x CIVOIJ SONVS 213/kIb GRAPHIC SCALE 20 0 10 20 1" (INCH) = 20 ' (FEET) I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the State of Utah and that I hold license no. 7540504.1 further certify that a land survey was made of the property described below, and the findings of that survey are as shown hereon. ANNEXATION DESCRIPTION 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 which is on the current Moab City boundary said point bears South 89°54' West 1675.6 feet along the section line and North 00°06' West 148.9 feet from the Southeast corner of Section 35, T25S, R21E, SLB&M and running thence North 00°06' West 126.1 feet to a point on the current Moab City boundary, Thence along the City boundary North 89°54' East 179.6 feet, thence South 00°06' East 126.2 feet to a point on the current Moab City boundary, thence along the City boundary South 89°54' West 179.6 feet to the point of beginning. Contains 22,648 sq. ft. OR 0.52 acres Lucas Blake License No. 7540504 COUNTY SURVEYOR APPROVAL: APPROVED THIS DAY OF 2017A.O.BY COUNTY SURVEYOR COUNTY RECORDER NO. STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF DATE BOOK PAGE FEE COUNTY RECORDER LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35 TOWNSHIP 25 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN ANNEXATION MAP 435 RIVER SANDS RD MOAB, UT 84532 T enrf Surw ring 4150 tburennan L,"r Moab. UT e4533 433.2 do3o4 1 Project 170-16 Date 11/29/16 L Sheet 1 of 1 Page 165 of 390 8-1 Old Business 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 .52 acres, more or less, of property located at approximately 435 River Sands Road, 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 which is on the current Moab City boundary said point bears South 89°54' West 1675.6 feet along the section line and North 00°06' West 148.9 feet from the Southeast corner of Section 35, T25S, R21E, SLB&M and running thence North 00°06' West 126.1 feet to a point on the current Moab City boundary, Thence along the City boundary North 89°54' East 179.6 feet, thence South 00°06' East 126.2 feet to a point on the current Moab aty boundary, thence along the aty boundary South 89°54' West 179.6 feet to the point of beginning. Contains 22,648 sq. ft. OR 0.52 acres Said petition was received by the Moab City Council on January 10, 2017 and certified by the Moab City Recorder on February 6, 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) That said petition was accompanied by a copy of the notice sent to affected entities and a list of the affected entities to which notice was sent; 4) 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 Agenda Page 166 of 390 8-1 Old Business 5) 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 6) 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 March 6, 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 6th day of February, 2017. /s/ Rachel Stenta City Recorder Published in the TIMES INDEPENDENT February 9, 16 and 23, 2017. Agenda Page 167 of 390 8-1 Old Business ORDINANCE #2017- 05 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING THE BROWN PROPERTY ON NORTH RIVER SANDS ROAD TO THE CITY OF MOAB WHEREAS, on December 23, 2016, the Moab governing body received a petition for annexation of certain property approximately .52 acre in size as described in Exhibit "1" hereto; and WHEREAS, the property has been proposed for development with multi -family residential uses, an allowed use in the requested zoning designation; and WHEREAS, the City Recorder on February 6, 2017, certified that the application complies with applicable law of the State of Utah and the Moab Municipal Code; and WHEREAS, the Moab Planning Commission reviewed the application in a public meeting held on February 9, 2017 to review the annexation and the requested zoning for R-4, Manufactured Housing Residential Zone and found that the zone is acceptable for the types of uses proposed for the area; and WHEREAS, as required by law, 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; 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 and 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 Brown Annexation, as described in "Exhibit 1" and illustrated on the attached plat, "Exhibit 2", and located at 435 N. River Sands Road, is hereby annexed into the City of Moab and the zoning designation, upon recommendation from the Planning Commission for said annexation, shall be R-4. 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. Ordinance #2017-05 Agenda Page 168 of 390 Page 1 of 4 8-1 Old Business ATTEST: Rachel Stenta City Recorder David L. Sakrison Mayor Ordinance #2017-05 Agenda Page 169 of 390 Page 2 of 4 8-1 Old Business EXHIBIT # 1 A parcel of land within the SE 1/4 of Section 35, T25 South, range 21 East, SLBM, Grand County, Utah being more particularly described as follows: Beginning at a point which is on the current Moab City boundary said point bears South 89°54'West 1675.6 feet along the section line and North 00°06' West 148.9 feet from the southeast corner of Section 35,T25S, R21E, SLB&M and running thence North 00° 06' West 126.1 feet to a point on the current Moab City boundary, Thence along the city boundary North 89 54' East 179.6 feet, thence south 00° 06' East 126.1 feet to a point on the current Moab City boundary South 89°54' West 179.6 feet to the point of beginning. Ordinance #2017-05 Agenda Page 170 of 390 Page 3 of 4 8-1 Old Business L A 1 •.a Wear, • a USP8141'8V0511 Q3i 9aNys 83A1H 5£4 d91ti NOiLVX3NNY NY10I8:3W ON Y 3SY0 3NY111tl5 1SY3 Li 39N11'Wd1OS Si i1HSNM.01 SS NOIi.]3S d08318t11)15dSH5l105 3.iL rN 031nm a6Padda unm 3 3eaf ]LYE A15f'O9k 3411SrQMDar IMMO01.09 Tr.l. a J ON UM N003N A1NDP) aw�v�.nsww,oa .le xrvvmc nNg suu OPACW., 1VISOYddV ICUAW r1S AIN1107 4093 PS['AM....II aVe10 s eeue i5'0 NO 1114 675R suittuPO •'uluu1914;o ru1PP iw 011xti9'6[I3FaM1S.68'PHS IIPL.Sn4 AIq e419uge 0>0341'AYepuAol A1179eq k Winn, a41+eo phod a olW a1 net lse3 .90A7 Y1na5s,e41 'WI MI use9.b5.60 LIMN Arcpunoq ;Hi Huai *minty laupuriog /go 9eup3 uhutr P aNe ua tulv6 a cum; LIES ISON,.90.00 WON aP'A 11 FM/ WINCIS LYT ASS WI1:49 Wayi uvl}iw}6'81'I 1,9M.90.00 LRAM put pup Vd117 sayi&Ale laay S'SL9S 1saM 15.6891nv5 uncl1.1cd PlesR rpunaq A117QWW iYaline a31Wn R?Nv.OPPK a6 sono op eP Paqlr15ap hp el n]lU Ad pq hM1rl'Af1an] 7uti VAIPW W Put Pug olJei tpis 7se3 Li a0uey '0.02S5Z dal..al'SE u41:4S.o-01rerO 1se.'*ne.Sx1 u19µM PYIeIic paled v NOLON]S30 110II1fK3Na.H .ow 14 be..r.ra. rw.u•a m.'ww*WM Auadad .1, KP•PK. ur.wrre PA nkKMY. »Y Vu I'MI NSt sa..1.1 n41 Y•x1 A Yw6 •01. PYAW W If PANS PA111..alP1d a u. InRr41.N'aim i Ppuptua .x.d.PunS f1i•. ce •IM]Pd.i a 3107501HON9 RIVER SANDS ROAD PWpliWINK 3 u MUMS UMS tlAptlP]r= n a. MOM. UA cencwm unwn All? evow AS Oah00dd'e S IYYep AY(SI v.,M.eP! '9fi5S31101-1NM01 11VN1 a330 SLIWIl u171N353da r^ ..m PA.. 1.0, H AY» PP.i ohtr*tahYN ,9'GLL M.65.555 NM0019 0 WO H71N ££.0££0£0 35110H ON3D31 RION v muxs "4"i' et a Nino h� A31007.9HON is00.5GOICI .9-6L1 3 .11.6S N x Y, ., A % K K K % K K % K % K .. % K A• 01 k % -% x 51111 A11a1N353ad Htltn 'AJ.NnOD aNtrdS ',LLD avow dFlw NOI INMNNV SONVS82AR1-NM0219 11151lCNIIN /TOe'H i101 Z# }!q!4X3 Ordinance #2017-05 Page 171 of 390 8-1 Old Business 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: February 9, 2017 Re: Brown Annexation Review Mayor: David L. Sakrison Council: Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd PL-17-23 Background The sponsor of this .52-acre annexation is Nicholas Brown who owns the subject property located at 435 N. Riversands Road. The property consists of a single residential lot currently zoned by Grand County as RR, Rural Residential. The existing development consists of a single family manufactured home. The following exhibits indicate the lot configuration and the existing development on the property. As illustrated (left), the lot is a rectangular shape that is directly adjacent to Deer Trail Townhome Subdivision (to the south). While this requested annexation removes a portion of a peninsula, it creates an island of a single parcel to the southwest of the property. The creation of islands and peninsulas is acceptable under specific circumstances as noted below. Proposed Brown-Riversands Annexation Legend Staff requested that other property owners in the area be contacted to determine if other landowners would be interested in joining the application but no interest was expressed. The creation of islands and peninsulas is prohibited in Utah State Law unless the county does not have any concerns. (10-2-402 (1)(b)(iii), UCA), this peninsula was created many years ago prior to the changes to state law that took effect on May 12, 2015. (See attached Addendum for the complete state code sections.) Agenda Page 172 of 390 8-1 Old Business 2 State Law also requires that an annexation of a part or whole of an island or peninsula to be located in the municipality's proposed annexation expansion area. The Expansion Area Map and legal description is included below. The property owner is requesting that a zoning designation of R-4, Manufactured Housing Residential Zone, be applied to the property in preparation of development of the lots with residential housing. Proposed Brown-Riversands Annexation Vicinity 0 50 100 vo e E incM1 =100 feet Legend The surrounding and immediately adjacent zoning to the north, east, and west is Grand County, RR, Rural Residential. To the south is R-4 (Deer Trail Subdivision) and a small portion of 1-1. Other nearby city zones include R-2, R-3, and R-4. Evaluation Moab Municipal Code Section 1.32.030 applies to the evaluation of the proposed Brown 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 adjacent to City Limits. • The annexation must maintain contiguity through the entire area to be annexed. The property is a single lot. • 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 Grand County will respond after notification. • The annexation must be initiated by a petition that meets all state requirements- the petition has been certified by the City Recorder to meet all state requirements. Agenda Page 173 of 390 8-1 Old Business 3 Again, this property is a part of 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 General Plan Annexation Area Boundary Legend —General Plan Annexation Area (Ordinance 2008-23) I�'IIAl rent City Limits Ownership Parcels 1.32). 0 0.5 1 inch equals 0_5 miles 2 The following table indicates the types of uses allowed in the R-4 Zone . R-3 Zone -City (17.51.020) One -family dwellings Fences, walls, and hedges not over seven feet Customary household pets Temporary construction yards Agriculture Temporary buildings and yards for construction Home occupations Two-family dwellings Child day care centers/foster family care homes Apartment houses and other multiple dwellings Court apartments Agenda Page 174 of 390 8-1 Old Business 4 Boys' schools and correctional institutions Radio and television towers Secondary dwelling units Pasturing of animals Plant nurseries Mobile home parks and mobile home subdivisions Public schools, libraries, parks, playgrounds, recreation buildings and churches Clubs and lodges (nonprofit) Boarding and rooming houses Planned unit developments b) Proposed Land Uses The property has a county zoning designation of RR, Rural Residential, that requires a minimum lot size of 1 acre (43,560 sqft) per a single residential dwelling. The allowed uses upon acceptance of the R-4 designation will change to multi -family residential as well as those listed above. c) The Assessed Valuation of the Property Property Use Area Total acres Valuation Brown Residential .52 ac .52 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 the road subsequent to the annexation. Pre -annexation Agreements with the Petitioner will cover the provision of all services to the Brown 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 are not proposed for the area. e) Recommendations of Other Local Government Entities Regarding the Potential Impact of the Annexation Grand County must 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 ambiguity of the proposed uses on the property. If multi -family housing is constructed, then it will satisfy several sections of the General Plan. Historically, Agenda Page 175 of 390 8-1 Old Business 5 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 with no direct cost offsets. However, it must be recognized that residential uses provide dwelling space for consumers of goods purchased from merchants in the commercial districts. Housing also provides homes for the working population so stores and services remain open to generate the much needed sales tax revenue. The proposed development of the tracts of land 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. Development will be consistent with the General Plan and the regulations of the Moab Municipal Code (MMC). Any housing will be an asset to the community. 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 in place prior to annexation. 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 Agenda Page 176 of 390 8-1 Old Business 6 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: Property Gross area Required Lot area per d/u Current Residents Total allowable units Potential Number of Residents 22,561 sq ft 1,800 sq ft 2 12 units 291-372 'Average household size=2.43 'Average Family Size=3.1 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. This means that 12 dwellings can use up to 2,200,000 gallons of water/year. 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. Agenda Page 177 of 390 8-1 Old Business 7 (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. (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. Agenda Page 178 of 390 8-1 Old Business 8 (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. (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: (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 Agenda Page 179 of 390 8-1 Old Business 9 (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. (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). (4) (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 Agenda Page 180 of 390 8-1 Old Business 10 (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 (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. Agenda Page 181 of 390 8-1 Old Business 11 (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 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 a part of an unincorporated island 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: Agenda Page 182 of 390 8-1 Old Business 12 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 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 Agenda Page 183 of 390 8-1 Old Business 13 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. 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 Agenda Page 184 of 390 8-1 Old Business 14 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 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: Agenda Page 185 of 390 8-1 Old Business 15 (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 (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 Agenda Page 186 of 390 8-1 Old Business 16 (B) the municipality has provided one or more municipal -type services to the area for at least one year; or (iii) (A) the area consists of: (I) an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and (II) for an area outside of the county of the first class proposed for annexation, no more than 50 acres; and (B) the county in which the area is located, subject to Subsection (3)(b), and the municipality agree that the area should be included within the municipality. (b) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: (i) in adopting the resolution under Subsection (4)(a)(i), the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and (ii) for an annexation of one or more unincorporated islands under Subsection (2)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (2)(a)(ii)(A) relating to the number of residents. 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; Agenda Page 187 of 390 8-1 Old Business 17 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; 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. Agenda Page 188 of 390 8-1 Old Business 18 General Plan Annexation Area Boundary Legend General Plan Annexation Area (Ordinance 2008-23) urrent City Llmlts Ownership Parcels 05 1 inch equals 0.5 miles 2 Miles Agenda Page 189 of 390 8-1 Old Business Planning Resolution #09-2017 A RESOLUTION FAVORABLY RECOMMENDING TO COUNCIL ORDINANCE #2017-04, APPROVING THE ANNEXATION OF THE BROWN PROPERTY AND THE REQUESTED R-4 ZONING WHEREAS, the City of Moab (City) received an application to annex property located at 435 Riversands Road (Property) from Nicholas Brown (Owner), of the .52 ac (22,648 square feet) parcel more particularly described as: A parcel of land within the SE 1/4 of Section 35, T25 South, range 21 East, SLBM, Grand County, Utah being more particularly described as follows: Beginning at a point which is on the current Moab City boundary said point bears South 89°54'West 1675.6 feet along the section line and North 00°06' West 148.9 feet from the southeast corner of Section 35,T25S, R21E, SLB&M and running thence North 00° 06' West 126.1 feet to a point on the current Moab City boundary, Thence along the city boundary North 89 54' East 179.6 feet, thence south 00° 06' East 126.1 feet to a point on the current Moab City boundary South 89°54' West 179.6 feet to the point of beginning. WHEREAS, Property is currently zoned by grand County as RR, Rural Residential, and requires a minimum lot size of one acre (43,560 Square feet); and WHEREAS, Property is part of a peninsula as defined in Utah State Code, UCA 10-02- 402, and a portion of an island or peninsula may be annexed if the county does not object and Property is within the Annexation Area; WHEREAS, Property is currently developed with a single manufactured home; and WHEREAS, Owner, as sole owner of Property has submitted an application for annexation with the necessary documents and exhibits; and WHEREAS, the Commission reviewed the application in public meeting held on February 9, 2017, to review the proposed annexation and through adoption of Planning Resolution #09-2017, favorably referred the application and requested zoning of R-4 to City Council with a 4 -0 vote; and WHEREAS, the Commission reviewed the intent and the uses of the R-4 Zone, and the allowed uses in each zone and determined that the amendment to the zoning map is in the best interests of the City; and WHEREAS, having evaluated the evidence from the public, the Commission concluded that the annexation of the described property was an acceptable amendment to the Corporate limits of the City of Moab; and WHEREAS, the Commission found that the City, has satisfactorily met the elements of Code Chapter 1.32.010, Annexation petition, as follows: The Property: 1. Is developed with a majority of residential or commercial development; Agenda Page 1 of 2 Page 190 of 390 8-1 Old Business 2. Receives delivery of municipal services and has utilized municipal services for more than one year; 3. Is within the Municipal Annexation Area Boundary; and 4. Is a portion of a peninsula as defined by Utah State Code. AND, 1. The proposed R-4 zoning classification is compatible with the majority of surrounding uses; 2. Adequate facilities are available to serve the type and scope of the development suggested by the proposed zoning classification; and 3. The annexation application and requested R-4 Zone conforms to provisions of the Moab Municipal Code. NOW, THEREFORE, The Planning Commission of the City of Moab, Utah, having considered Staff recommendation and held discussions of the pertinent aspects of the annexation petition, with the adoption of Resolution #09-2017, favorably refers the request for annexation and the application of the R-4 Zone to said property to City Council for review and approval. Chair Date Agenda Page 2 of 2 Page 191 of 390 8-1 Old Business Agenda Summary Moab City Council Meeting April 25, 2017 PL-17-58 Agendaltem #: 8-2 [Title: Consideration of the 2017 City of Moab General Plan as Referred to Council by the Planning Commission and Scheduling a Date for the Public Hearing Staff Presenter(s): Jeff Reinhart, Planning Director Department: Planning and Zoning Applicant(s): Background/Summary: The Planning Commission has concluded that the draft 2017 City of Moab General Plan Update, is ready to be adopted. The Commission held a duly advertised public hearing on April 13, 2017 to accept comments and is now referring the document to Council for review and establishing a date for the public hearing. The Commission is determined to conduct annual reviews of the Plan and will begin reviewing the document for needed revisions in January 2018. Attachment(s): Copy of Planning Resolution #28-2017 Draft 2017 City of Moab General Plan Update State Code 10-9a-404 l Agenda Page 192 of 390 8-2 Old Business CITY OF MOAB PLANNING RESOLUTION #14-2017 A RESOLUTION RECOMMENDING THE ADOPTION OF THE CITY OF MOAB GENERAL PLAN UPDATE WHEREAS, the Moab City Council (Council) adopted the General Plan (Plan) as amended, by resolution on January 8, 2002 to provide an official statement of goals and policies for the future development of Moab City (City); and, WHEREAS, the City, to keep abreast of changing attitudes and values of residents, desired to assess and update the General Plan and create new goals for the future growth of the City; and WHEREAS, with the aid of a consultant, SE Group, the City initiated an update of the Plan in 2012 to provide a clear vision for the future development of Moab; and, WHEREAS, subsequent to several months of public meetings, topic forums, open house and stake holder meetings and hands-on workshops that culminated in a Planning Commission public workshop in October 2015, a document entitled The City of Moab General Plan Update was drafted by consultant and City Staff; and, WHEREAS, specific topics of concern were identified as requiring more attention in the 2017 update and include: • Environmental sustainability of visual resources, air quality, water quantity and quality, and energy and resource conservation; • Land use and growth to consider urban design and character preservation using landscaping, street trees, historic preservation, commercial and residential neighborhoods, agriculture and open space, flood channels, and annexations; • Housing in general and affordable housing specifically; • Transportation and circulation for pedestrians, non -motorized and motorized vehicles; • Public Works and the aging infrastructure of sanitary sewer, wastewater reclamation, storm water, and solid waste facilities; and WHEREAS, in accordance with USC 10-9a-302, the Moab Planning Commission, during a duly advertised public hearing held on April 13, 2017, determined that it is in the best interests of the citizens that the City of Moab General Plan Update, with amendments, be adopted by the City Council to become the guide for future development. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB PLANNING COMMISSION, that the City of Moab General Plan Update, as attached, is favorably recommended to the Moab City Council ("Council") for approval. PASSED AND ADOPTED by unanimous vote of the Moab Planning Commission in open session this 13tn day of April, 2017. Laura Uhle Chair Date Agenda Page 193 of 390 8-2 Old Business April 17, 2017 Dear Councilmembers; PL-17-PC It is my pleasure to present to you the final draft of the 2017 City of Moab General Plan Update for your consideration. Many months, even years, of hard work have been invested in this document, and have involved numerous people most of them residents of our community who work outside the city offices. This is truly a community document and, after a very long time without amendments, reflects the concerns and desires of the residents of Moab It is the Planning Commission's recommendation that the Update be adopted now and regularly reviewed on an annual basis. The proposed Planning Commission schedule for review would begin in January 2018 and any necessary amendments can be adopted during the early part of next year. Thank you for your prompt attention to this matter. Sincerely, Laura Uhle, Chair Agenda Page 194 of 390 8-2 Old Business 10-9a-404. Public hearing by planning commission on proposed general plan or amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection by legislative body. (1) (a) After completing its recommendation for a proposed general plan, or proposal to amend the general plan, the planning commission shall schedule and hold a public hearing on the proposed plan or amendment. (b) The planning commission shall provide notice of the public hearing, as required by Section 10-9a-204. (c) After the public hearing, the planning commission may modify the proposed general plan or amendment. (2) The planning commission shall forward the proposed general plan or amendment to the legislative body. (3) The legislative body may make any revisions to the proposed general plan or amendment that it considers appropriate. (4) (a) The municipal legislative body may adopt or reject the proposed general plan or amendment either as proposed by the planning commission or after making any revision that the municipal legislative body considers appropriate. (b) If the municipal legislative body rejects the proposed general plan or amendment, it may provide suggestions to the planning commission for its consideration. (5) The legislative body shall adopt: (a) a land use element as provided in Subsection 10-9a-403(2)(a)(i); (b) a transportation and traffic circulation element as provided in Subsection 10-9a- 403(2)(a)(ii); and (c) for all cities, after considering the factors included in Subsection 10-9a-403(2)(b)(ii), a plan to provide a realistic opportunity to meet estimated needs for additional moderate income housing if long-term projections for land use and development occur. Agenda Page 195 of 390 8-2 Old Business univengraw iiMMMM ***DRAFT GENERAL PLAN UPDATE *** GENERAL PLAN City of Moab, Utah Planning and Zoning Department GENERAL PLAN PUBLIC HEARINGS PLANNING COMMISSION March 23, 2017 April 13, 2017 CITY COUNCIL CITY COUNCIL APPROVED "What is needed is for every person to feel at home in the place of his local government with his ideas and complaints. A person must feel that it is a forum, that it is his directly, that he can call and talk to the person in charge of such and such, and see him personally within a day or two. For this purpose, local forums must be situated in highly visible and accessible places." A Pattern Language CITY OF MOAB Agenda GENERAL PLAN Page 197 of 390 21Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** ACKNOWLEDGEMENTS City Council Kyle Bailey Heila Ershadi Rani Derasary Kalen Jones Tawny Knutson -Boyd Planning Commission Jeanette Kopell Wayne Hoskisson Joe Downard Laura Uhle Allison Brown Mayor David Sakrison City Manager David Everitt Moab Planning & Community Services Departments Jeff Reinhart Sommar Johnson Amy Weiser Others David Olsen - Former Community Development Director Ken Davey - Former Administrative Analyst Eric Johanson - Engineering and GIS Kelly Thornton - Former Planning Commission Chairperson Donna Metzler - Former City Manager CITY OF MOAB Agenda GENERAL PLAN Page 198 of 390 31Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** TABLE OF CONTENTS CHAPTER 1 — INTRODUCTION 7 Purpose 7 Need for Long Range Planning 7 Challenges 7 CHAPTER 2 — PLANNING CONTEXT 9 History 9 Population and Growth 10 Natural Environment 11 Climate and Temperature 11 Land Use 12 Future Land Use Management 12 Annexations 13 Urban Services Area Plan 14 Governmental Structure 14 Public Buildings, Facilities, and Services 15 Infrastructure 16 Relevant Planning Documents 21 Other Context 23 CHAPTER 3 — GENERAL PLAN UPDATE AND PROCESS 25 Background 25 Public Engagement 25 General Plan Implementation 29 CHAPTER 4 — COMMUNITY VISION City of Moab Community Vision 30 A Vision for Moab 30 CHAPTER 5 — ELEMENTS, GOALS, POLICIES Overview 31 Components 31 Element 1 ECONOMIC DEVELOPMENT Economic Development — General 32 30 31 32 CITY OF MOAB Agenda GENERAL PLAN Page 199 of 390 41Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Element 2 ENVIRONMENTAL SUSTAINABILITY Environmental Sustainability — General 36 Visual Resources 36 Air Quality 37 Water Quality 37 Water Quantity 38 Energy & Resource Conservation 39 Element 3 LAND USE AND GROWTH Land Use — General 40 Natural and Environmental Constraints 40 Urban Design and Character Preservation 41 Resource Protection 41 Street Trees and Landscaping 42 Historic Preservation 43 Commercial 43 Residential 44 Industrial 45 Agriculture 45 Open Space 45 Flood Channel 46 Annexation 46 Element 4 HOUSING Housing 47 Affordable Housing 47 Element 5 PARKS AND RECREATION Parks 48 Recreation 48 36 40 47 48 Element 6 ARTS AND CULTURE 50 Arts and Culture 50 Element 7 TRANSPORTATION & CIRCULATION Transportation & Circulation — General 51 Pedestrian 51 Non -motorized Vehicles 51 51 CITY OF MOAB Agenda GENERAL PLAN Page 200 of 390 51Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Motorized Vehicles 52 Sidewalks and Streets 53 Element 8 PUBLIC WORKS 54 Public Works — General 54 Water Services 54 Sewer Services 54 Wastewater Treatment 55 Stormwater 55 Solid Waste Facilities 56 Private Utilities 56 Element 9 CIVIC SERVICES AND FACILITIES Municipal Properties 58 Peacekeeping & Law Enforcement 58 Health and Emergency Services 60 Education 61 MAPS Zoning 63 Future Land Use 64 Current Buildout 65 Built Environment 66 Public Lands 67 Future Annexation Boundary 68 Sidewalk Improvements 69 Walking and Bicycle Routes 70 Appendices Appendix A - Moab Area Housing Plan, Updated Fall 2016 Appendix B - Utah Noxious Weed Act 58 63 CITY OF MOAB Agenda GENERAL PLAN Page 201 of 390 Wage 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** CHAPTER 1- INTRODUCTION Purpose The Moab General Plan is the City's official statement of its goals and policies. These goals and policies guide future development and reflect the long-term vision of the community. The General Plan also provides an implementation plan for these goals and policies as well as a technical foundation for political decision -making. The term "general plan" is synonymous with the terms "master" or "comprehensive" plan. Utah Code 10-9-301 - Land Use Development and Management Act directs all municipalities to prepare and adopt a comprehensive long-range land use plan. Need for Long Range Planning Land development takes place one parcel at a time. Changes or impacts from an individual development may be small. But over the years, the combined change resulting from all development decisions can be large. While development proposals are reviewed individually, a master plan provides the context for looking at the cumulative impacts of development. Planning not only provides a long term, big picture view of future development and the changes that can result, but also guides this development to maximize benefits and minimize conflicts and adverse effects. This big - picture framework provides a basis to evaluate individual development proposals with consistency and fairness. Challenges As a tourism -driven economy and a small desert community, the City must balance the needs of residents with those of visitors. Due to the regular seasonal visitation, the city's infrastructure and services must meet the demands of a temporary population that is two to three times the size of the residential population. This creates cost and planning challenges. There are also implications for housing, employment, and related social issues. The land use patterns of the boom and bust economic cycles have influenced the eclectic land use pattern that is found in Moab today. For example, a quaint historic cabin can be found next to a 1980s era split level house. This lack of architectural conformity defines Moab's built character and unique styles. Many short-term decisions were based on historic economic needs and the result is piecemeal land development. Residents have expressed a desire to preserve Moab's character, eclecticism, and small-town charm. The challenge is to balance the irregular patterns with modern zoning and development concepts. Moab is the center for commerce and services in Grand County and the region. Locally -owned businesses are valuable to the local economy and provide goods and services to residents and visitors. The absence of large-scale chain retail stores and stores that cater to basic residential needs leads locals to shop out of town or online. This can be an inconvenience for residents and a potential loss of tax dollars for the City. Moab is faced with choices in how to balance these needs and maintain the character of the community. CITY OF MOAB Agenda GENERAL PLAN Page 202 of 390 71Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Decisions made by the city often have impacts beyond its limits. In addition, the city regularly interacts with and is affected by federal, state, county, other agencies and private groups. This creates the need for careful cross -agency planning and cooperation. Other challenges include the community's remote location, geographical constraints and arid surroundings. In addition, U.S. Highway 191 bisects the city and is a major north/south transportation thoroughfare which serves main street local business and tourism traffic as well as heavy and light commercial through traffic. This leads to congestion, safety, and noise impacts. The challenge for the city is to mitigate these impacts and maintain a vibrant Main Street district. CITY OF MOAB Agenda GENERAL PLAN Page 203 of 390 81Page 8-2 Old Business CHAPTER 2 - PLANNING CONTEXT History Millions of years of natural erosion from wind and water left behind the unique landscape that helped shape Moab's way of life. The first evidence of habitation in the Moab area dates back several thousand years. Pictographs and petroglyphs have been found in the area that date from 1,500 to 4,000 years old or older. The most recognized ancient culture to occupy the area was the Ancestral Puebloan, who did not inhabit the region until approximately 900 A.D. The Moab vicinity was the northern limit of Ancestral Puebloan habitation, but sometime between 1250 and 1300 A.D. the Ancestral Puebloans disappeared from the area. While there is some disagreement regarding the entrance of modern Native Americans into the area, the Ute people were the dominant Native American group in the 18th century. The Colorado River crossing north of Moab provided the ancient people as well as those who traveled here over time a shallow and safe location for fording of the river. This crossing was a key component of the Old Spanish Trail, which ran from Santa Fe to Los Angeles. By 1855, the Navajo were also living in Spanish Valley, just south of Moab. Around the same time, an area near Moab was settled by a Mormon missionary group. Because of conflicts with native peoples, the missionaries did not remain long. In 1874 the next group of settlers and cattlemen arrived. Ranching was their main livelihood, but some settlers attempted to grow crops including vineyards and fruit trees. By the CITY OF MOAB GENERAL PLAN late 1800s peaches, apples, pears, and grapes were being cultivated and shipped throughout the region. The expense of pumping irrigation water and unpredictable freezes prevented Moab from becoming a major agricultural area. In 1890, Grand County was created by the Utah Legislature and on December 20, 1902, Moab became incorporated as a municipality. Like settlements of the Church of Jesus Christ of Latter-day Saints (LDS), Moab was laid out according to the "Plat of Zion." This grid pattern, inspired by LDS founder Joseph Smith, featured square blocks that were intended to concentrate homes, and create order. Elements of that design can still be seen today including a uniform grid pattern, a north -south orientation, wide streets and long narrow lots. The first known zoning code for Moab was published in 1954. During the first half of the Twentieth Century, Moab's economy was primarily agrarian; mainly farming, ranching, and fruit growing. There was limited mining during these years as well. Southeast Utah became known for uranium deposits, and later became a popular area for uranium prospecting when the United States government encouraged exploration to meet the military weapon development programs. A geologist named Charlie Steen discovered a massive high grade uranium deposit southeast of Moab and a prospecting boom began. During the 1950s Moab grew from a population of 1,275 to over 5,000 residents. 91Page Agenda Page 204 of 390 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** The 1960s saw the construction of a uranium processing plant along the Colorado River and a small oil and gas production boom, further cementing extractive industries as the core of the local economy. Tourism was also growing during this time, though at a much more modest pace. Arches National Monument became a national park and visitation between 1960 and 1970 grew from 71,600 to 178,500. By the mid-1970s demand for uranium declined and mines near Moab started shutting down. The uranium processing plant began a series of layoffs and ceased operations in 1984. Moab went into an economic tailspin. The population decreased from 5,333 in 1980 to 3971 in 1990. Homes were shuttered, businesses closed, and government services were reduced. At one point the local school district instituted a 4-day school week to save money. While extractive industries declined, tourism gained momentum in the Moab area. Spurred on by the growing popularity of mountain biking and increasing interest in the regional national parks, the 1990s saw the construction of new hotels and restaurants. Downtown storefronts also began reopening, most catering to the burgeoning tourist market. National park visitation mushroomed and by 2014 Arches National Park attracted 1,284,767 visitors. The 2010s have seen some modest growth in oil and gas production, but for the most part Moab remains dependent upon tourism as an economic driver. Today, Moab is the hub of Utah's southeastern corridor. It is 234 miles southeast of Salt Lake City and 113 miles southwest of Grand Junction, Colorado. It is located on State Highway 191 along the Colorado River about 30 miles south of Interstate 70. Town Name Population Distance from Moab Castle Valley 332 (2013) 22 miles La Sal 395 (2012) 31 miles Monticello 1,980 (2012) 54 miles Green River 949 (2012) 52 miles A portion of Moab's workforce lives south of Moab in unincorporated Grand and San Juan counties. Population and Growth The uranium mining boom in the early 1950s created the most significant population growth in the history of Moab. The number of residents increased dramatically from 1950 to 1960. Although no other era would experience the degree of growth that Moab saw during that time, the community would continue to expand into the early 1980s. This trend then reversed, with Moab's population declining from a high of 5,333 people in 1980 to only 3,971 in 1990. This was largely the result of mine closures and the uranium mill closure. Historical Population oir Census Population %± 1890 333 - 1900 376 12.9 1910 586 55.9 1920 856 46.1 1930 863 0.8 1940 1,084 25.6 1950 1,275 17.5 1960 4,682 267.5 1970 4,793 2.4 1980 5,333 11.3 1990 3,971 -25.5 2000 4,779 20.3 2010 5,046 5.6 2012 5,093 .9 2015* 5,235 1.02 *US Census estimate CITY OF MOAB Agenda GENERAL PLAN Page 205 of 390 101Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** In the early 1990s, Moab began another cycle of growth fueled by the burgeoning tourist industry. Current population growth is very modest, less than 1% per year. Today, the year- round population of Moab is approximately 5,200. Natural Environment Moab is strongly defined by its location and surroundings. Situated at roughly 4,000 feet in elevation and enclosed by red rock cliffs, Moab lies in a verdant valley along the Colorado River. The creeks and springs and close proximity to the Colorado River create an oasis in the desert. The towering red rock walls and mesas present a stunning contrast to the desert sky, the dramatic peaks of the La Sal Mountain range, and the lush trees and fields of the valley floor. The harsh desert that encircles the community once proved to be a major detriment to development and sustaining a population. Now this natural environment is the greatest asset supporting a thriving tourism economy. The surrounding sandstone enhances the beauty of the area but does increase the danger of sudden storm water runoff. Whether the water comes from sudden short lived monsoonal rain storms or from rapid snow melt, there is always a chance of local flooding. Heavily concentrated rainfall can swell Mill Creek and Pack Creek and often causes the eroded faces of the cliff slopes to act as discharge chutes for larger collection basins on top of the surrounding high ground. Recent actions taken to manage flood potential have had a positive effect in protecting public and private property. Climate and Temperature Temperatures in Moab have been reported as high as 113 degrees Fahrenheit and as low as — 20 degrees F. In spite of the intense heat each summer, Moab's climate is generally categorized as "temperate." The frost -free period in Moab averages 184 days per year. Rainfall averages only eight inches per year, with October being the wettest month, followed by March, July and April. During the summer, Moab is prone to sudden brief, violent thunderstorms that often result in flash floods. Average Average Daytime/Nighttime Monthly Temperatures Precipitation (Fahrenheit) (inches) JAN 49.6/18.0 0.53 FEB 50.4/25.5 0.62 MAR 60.2/34.2 0.71 APR 72.5/41.9 0.79 MAY 82.4/50.1 0.57 JUNE 92.0/57.5 0.45 JULY 99.0/64.1 0.49 AUG 95.3/62.8 0.87 SEPT 87.1/52.8 0.83 OCT 73.8/40.8 1.16 NOV 56.0/30.6 0.6 DEC 45.1/21.4 0.64 CITY OF MOAB Agenda GENERAL PLAN Page 206 of 390 111Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Land Use Moab's current city limits include approximately 3,060 acres of land. The City has a variety of land use types including residential, commercial, industrial, and some mixed use. According to a GIS-based build out analysis, about two-thirds of that area has been built -on or developed, or is conserved or is parkland, or is severely constrained from development due to topography or natural resources. Moab encompasses a variety of neighborhoods, ranging from higher density areas with a variety of lot sizes to traditional suburban development with larger lots and lower density, to mobile home neighborhoods. The main commercial area begins (north to south) at the Colorado River Bridge on Hwy 191(Main Street) and follows Main Street to the southern city limits. Other commercial areas exist off of Main Street but are generally adjacent to the central area of town. The traditional downtown area is primarily composed of unique tourist related businesses. At this time, there is no large-scale retail in Moab. Development patterns often do not fit current zoning classes. Single family residences on very large lots have been the development pattern for many years even in the multi- family zones. Significant development occurred prior to the codification of the zoning ordinances in 1954. Development and economic pressures along with fluctuations in population at different times led to development anomalies that still exist today. In addition, there are minor differences among similar zone classifications that may be too complex for the size of the community. Moab is surrounded on all sides by public lands. Roughly, 93% of Grand County is held by various federal and state government agencies. To the east, south and west is predominantly Bureau of Land Management (BLM) property and to the north is Arches National Park. There are also tracts of School and Institutional Trust Lands (SITLA), such as the parcel recently annexed by the City for the potential future Utah State University (USU) Campus south of Moab. The Nature Conservancy (TNC) is another important open space land owner in the area. The TNC and the Utah Division of Natural Resources jointly own and manage the 894 acre Matheson Wetlands Preserve that provides wildlife habitat. Future Land Use Management While the City is growing, there is an increasing desire to keep our small-town atmosphere. The people that live here choose to reside here because of the amenities of the area. The character of Moab is also important to people looking to relocate in the area. Preserving small- town values is of the highest priority for many Moab residents, and anything that affects local neighborhoods or Moab's atmosphere has heightened importance to those who live in the community. The land development regulations will continue to be the legal conduit through which land use decisions are made. It is important to continually modify the land use codes to reflect the changing needs of the community and promote best land use practices. With growth pressures and sprawling development in the rural areas surrounding the City, infill development of desirable land uses should be promoted with appropriate land use policies. The policies throughout the General Plan encourage desirable infill development, use of existing structures, and other land use directions for development. As needs for particular kinds of residential, commercial, or industrial development arise, or critical lands for conservation are identified, this General Plan should be amended to reflect developing trends and the Moab Municipal Code should be revised accordingly. Important aspects in guiding the City's development are ensuring CITY OF MOAB Agenda GENERAL PLAN Page 207 of 390 121Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** that regulations not only continue to be dynamic, flexible, and contemporary but also reflect updated trends identified in the Plan. Growth trends in many communities across the nation are similar to what is occurring in Grand County. Distinct urban areas in certain regions are losing residents as they move to lower - density, more rural settings. Likewise, Moab is seeing increased development on the "urban fringe". The key to quality -of -life issues in the coming decade will be the ability of the City of Moab and Grand County to coordinate planning efforts in order to manage the growth on the urban fringe, and provide a smooth transition from high -density, urban settings to low -density, rural areas. Development pressures are such that the unincorporated areas near the City are being developed to near -urban levels. As this growth has occurred, it has become apparent that it would benefit the community to create a plan that ensures appropriate and desirable growth within the City and in the areas around it. Developing a growth area plan to reflect best practices and future directions desired by both the City and Grand County is an important aspect of future land use planning. The City utilizes zoning regulations to help manage land use, compatibility, and density throughout the community. The City provides a menu of zoning options that provide for a variety of residential, commercial, industrial, and open space uses. The current zoning regulations are intended to maintain a healthy, safe, clean, and beautiful community where land is used efficiently, effectively, and is compatible with neighboring uses. In order to continue to ensure the best use of land within the City to protect the values of the residents, it is important to employ the best planning practices available. Flexibility in the Land Use regulations can be an essential component for encouraging desirable projects that add community assets and opportunities. The City should consider other dynamic zoning regulations regarding density and site development standards in order to accomplish desired community goals. To preserve community values, the City intends to adopt specific policies that affect growth and land use within City limits and in nearby areas subject to annexation. A realistic, planned and flexible approach to development, will help to reduce sprawl. Creative development can make the best use of existing buildings and land. Annexations With the slow and steady growth of the City of Moab and the unincorporated areas of Grand County, it is necessary to include provisions for annexation of property into the corporate limits of Moab. Annexation can be an effective means of accommodating the growth of the City while implementing elements of the Comprehensive Plan and the Development Plan. In 2015, there were just over 97.5 acres of unincorporated land completely encompassed by the City, also known as "county enclaves". These four enclaves are currently subject to county land use provisions and all other regulations including emergency services. To facilitate greater efficiency of infrastructure and services and to encourage desirable infill development, enclaves shall be avoided in the future. Existing enclaves created by annexation, shall be incorporated as the need arises. However, plans must be created to ensure that costs to update infrastructure, utilities and storm water structures are the responsibility of the residents living in the area and not the population at large. In addition to efficiency and compatibility obstacles between the unincorporated county and the City of Moab, water rights and distribution systems pose further obstacles to annexation and corporate limit expansion. It will be imperative in the coming decades to work with GWSSA to facilitate the growth of the City limits. CITY OF MOAB Agenda GENERAL PLAN Page 208 of 390 131Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Urban Service Area Plan Efforts have been made for the City of Moab and Grand County to establish an "Urban Services Area" around the City to provide for future planning as the City grows. This Urban Services Area would include portions of unincorporated Grand County up to one mile from the corporate limits of the City. An Urban Services Area Plan could be established through an Interlocal Agreement (ILA) between the City and the County. The intent of this agreement would be to establish uniform standards for growth around the City, especially in areas that can be annexed in the future. As stated before, the City is seeing increased growth along the urban fringe. It would be beneficial to establish an ILA with Grand County to ensure compatible development as our community grows. A gradual transition from urban densities to rural uses is in the best interest of all parties involved; providing for the adequate provision of services, infrastructure, and facilities at a reduced cost to residents of both the City and the County. In addition to the importance of joint planning on the urban fringe between the City and County, it is also of great importance to establish policies that promote infill development within the corporate limits of the City of Moab. There are political and jurisdictional constraints to the geographic expansion of the City in many areas, so policies that favor infill will have a direct impact on growth along the periphery of the City and mitigate urban sprawl. Governmental Structure The City of Moab is governed by an elected city council and mayor. Five city council members are elected at large to 4-year terms. The city council reviews and approves resolutions, ordinances and financial activities for Moab City. The city council also hires and oversees the City Manager position and its occupational responsibilities. The mayor, elected to a 4-year term, chairs the city council meetings and votes to break city council ties. The mayor also signs official city documents and contracts. With the advice and consent of the city council, the mayor appoints the police chief, public works director, city treasurer and city recorder as well as board members of the planning commission and the board of adjustments. The city manager is the chief executive officer of the city. All departments and employees, including appointed officials, report to the city manager. The city manager works under a contract approved by the city council. The City of Moab provides standard city services to the public, including administrative record keeping, business licensing, building inspection (via a contract with Grand County), planning and zoning, police and public safety services, an active recreation department that includes sports and arts programs, animal control services and an animal shelter, solid waste collection (by contract with a private company), culinary water and sewer services, a wastewater treatment plant, and community and economic development projects and programs. The City also has various agreements with other local government entities for the provision of services, including Recreation, Animal Control, Drug Law Enforcement, Dispatch services, and a number of other services. The City's financial structure is based primarily on sales tax revenues and user fees. The City of Moab does not charge a property tax. Therefore, the City of Moab does not have any General Obligation debt. Large sale projects are financed through long-term savings, outside grants, and revenue bonds. The City has historically maintained financial stability, with revenues exceeding expenditures on an annual basis. CITY OF MOAB Agenda GENERAL PLAN Page 209 of 390 141Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Public Buildings, Facilities and Services Moab offers a variety of services and facilities, provided by a number of agencies and organizations. City Services and Facilities City owned and operated buildings include: • Moab City Center, which houses the city council chambers, administrative offices, police, and animal control; • Moab Public Works Facility, which houses the city's maintenance crews and equipment; • Moab Animal Shelter, which serves Grand County as well as Moab City; • Moab Arts and Recreation Center, which provides a public venue for art, dance and movement events and performances as well as cultural and recreation classes and workshops; • Moab Recreation and Aquatic Center, which provides indoor and outdoor pools and a fitness center; • Moab Waste Water Treatment Plant, which serves Moab and Grand County; and • Center Street Gym, which provides for adult and youth basketball and volleyball as well as other indoor recreation activities. City owned and operated facilities include: • Culinary water system serving homes and businesses. • Three existing water storage tanks and one planned for the future. • Numerous culinary water wells and springs. • Water treatment plant serving Moab and Grand County residences and businesses. Parks and Recreation There are over a dozen parks as well as two recreational facilities in the City of Moab. City parks include ball fields, musical playgrounds, play equipment, hiking/biking trails, a bike park, a skate park, a dog park, duck ponds, stages, amphitheaters, water features, and other outdoor gathering spaces. The Moab Recreation and Aquatics Center, the Moab Arts and Recreation Center and the Center Street Gym also offer public recreational opportunities. Grand County also provides facilities for use by the community They include the Grand Center, Old Spanish Trail Arena Complex, and numerous paths and trails. The City of Moab has an extensive park and trails system: • The Moab Golf Course, owned by the City but managed by the Moab Country Club. • The Mill Creek Parkway trail system, 6 miles of paved paths with trails running through town and further connecting to numerous hiking trails. • An extensive bike lane and trail system throughout town and connecting to trails outside city limits. • Swanny City Park CITY OF MOAB Agenda GENERAL PLAN Page 210 of 390 151Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** • Old City Park • Rotary Park • Center Street Ball Park • Dixie Park • Anonymous Park • Bullick Cross Creek Park • Cross Trails Park • Bark Park (a dog park with separate sections for small and larger dogs) • Ute Circle Park • Lions Park • Frisbee Golf Course • Sun Court • Moonstone Gallery • A BMX course • A skate park • A slackline area Law Enforcement/Crime Rate The Moab Police Department has 14 certified officers. The department's primary jurisdiction is within Moab city limits, but the department also works closely with the Grand County Sheriff's Office and the Utah Highway Patrol on investigations and emergency response. In 2012 the crime rate in Moab was 43.98 incidents per thousand residents. While this is higher than some rural areas in Utah, it is not unusual for a tourist area, where crime rates are often inflated from a large visitor population. Special events and visitor fluctuations create staffing challenges for the department. Infrastructure The City of Moab owns, maintains and operates the full range of its municipal infrastructure. This includes water and sanitary sewer systems, a wastewater treatment plant, a storm water drainage conveyance system, a network of streets and roads, and a trail system. The City adopts an annual Capital Improvements Plan, which includes projects for the current year as well as anticipates projects for a twenty-year time horizon. The City has ongoing efforts to upgrade streets, walkways and other structures, and must continually plan for future growth and development The City requires developers to install infrastructure to serve their projects and to pay impact fees on new water and sewer connections to facilitate future expansion of these services. Water The History of Water in Moab As is typical with towns in the southwestern United States, obtaining a dependable water supply for the City of Moab has historically been a primary concern. Before the turn of the Twentieth Century, residents of the area were building infrastructure that would supply drinking water to the original townsite. By 1950, the City had installed storage tanks. Moab's rapid population growth due to the uranium boom in the 1950s quickly outpaced the available drinking water supply. Water rationing was a common occurrence. Forward - thinking individuals recognized that having sufficient water rights was vital to the growth and sustainability of the community. As the population continued to grow, water tanks and water lines could not provide sufficient storage capacity or adequate pressures. This prompted the City to construct the Powerhouse Tank, the Mountain View Tank, and the Skakel Tank, bringing the combined storage up to three million gallons. Additional storage capacity is currently in the planning stages. Water Rights and Resources After decades of water supply projections showing abundant and pure culinary (drinking quality) water, new data suggest an over - allocation of water rights and a trend of water use that appears to be significantly depleting available resources. Until recently, population projections have not taken into account denser zoning codes or the burgeoning tourist economy and its impact on per capita water usage. More information on this topic is published in the Moab Water Conservation Plan Update for 2016. CITY OF MOAB Agenda GENERAL PLAN Page 211 of 390 161Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Over the years, the City has acquired water rights equaling 9.137 million gallons per day. Build -out projections based on 2016 zoning indicate that the City will need to serve approximately 24,000 persons. Simply put, build -out means the population projected if all available zones within the City limits are developed to allowable capacity. It is estimated that build -out demand will equal approximately 7.5 million gallons per day. However, at issue and of extreme importance to City leaders and concerned citizens is the deceptive notion that water rights equal water supply. In a 2016 survey of actual water production, it is estimated that, by buildout, Moab will reach a demand of more than 55% over supply. Perhaps more important than build -out is the concept of the City's "carrying capacity," meaning, at current usage rates due to increased commercial uses and growing needs, Moab will reach its carrying capacity at approximately 11,500 residents. The 2015 population of Moab was 5,235 residents. It should be noted that the water usage cited here, both current and prospective, are for Moab City residential and commercial use only, and not for the larger area of Spanish Valley, which draws from the same aquifer. In addition to increased demand and evidence of depleted supply, generalized drought conditions throughout the western United States have led the City to engage in extensive studies and modeling to determine the long-term viability of our underground culinary aquifers. Water System Components In addition to the three storage tanks, the existing water transmission and distribution system contains 50 miles of pipe, three pressure zones with five pressure -reducing stations, approximately 640 valves and 234 hydrants. The number of water connections in the City of Moab system as of November, 2016 is 2073. This is an approximate 8.5% increase from 2010. For 2016, there were 1575 Residential connections, 414 Commercial connections, and 84 Institutional connections. Because many of the City's water system components date from the 1960s and earlier, they are reaching the end of their useful life. Assessment of system weak points and timely replacement will help avoid failures and costly emergency maintenance. A schedule for replacement of these mains should be developed. While the system is sized to meet current demand, new service lines are needed for new development. Each water connection is serviced by a meter. The City has nearly completed its meter replacement program, with all but 20 meters now part of a radio -read meter system. Water Quality Water quality in the Moab water system meets all state and federal standards. All drinking water supply for the City of Moab is Pristine Ground Water from wells and springs discharging from a sandstone aquifer. This aquifer enjoys the protections of the U.S. Environmental Protection Agency designation as a Sole Source Aquifer. [Sole Source Aquifer Determination for Glen Canyon Aquifer System, Moab, Utah, published in the January 7, 2002 Federal Register, volume 67 #4, pp. 736-738.] Treatment for the City of Moab water system consists of minimal chlorination. Water sampling found the drinking water of the City of Moab, before treatment, equals or exceeds the quality of 80 percent of brands of bottled drinking water from springs sold in stores (comparison data is from the published Natural Resources Defense Council study of bottled water quality). CITY OF MOAB Agenda GENERAL PLAN Page 212 of 390 171Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** In view of increasing demand and decreasing supply, Moab should look to other sources of water to supply the culinary needs of its population. Colorado River water, in order to be considered as a source for Moab, will need to be secured through a competitive and politically -charged process. As a serious concern in considering the use of river water, the infrastructure to process to acceptable standards for culinary use is complex and expensive. In addition, infrastructure to process river water to acceptable standards for culinary use is complex and costly. Water Conservation The City adopted its most recent Water Conservation Plan Update in December, 2016. Based on current demand, it is estimated that per capita consumption rates will need to be reduced to match Moab's build -out population by nearly 52%. Given that outdoor water makes up a very large percentage of the City's water usage for both residential and commercial customers, reduction in outdoor culinary water use is a top priority. The Plan recommends that the City embrace an initial goal of 25% reduction in culinary water consumption for both indoor and outdoor use over the next five years. By comparison, the current goal for the City of Albuquerque is 40%. In February, 2017, the City Council approved an ordinance to create a citizens' Moab City Water Conservation and Drought Management Advisory Board to inform and advice the City Council on matters related to water conservation initiatives, capital projects, and policy. Other Water Purveyors and Agencies The City of Moab is not the only water purveyor in Moab. The Grand Water and Sewer Service Agency (GWSSA) and the Moab Irrigation Company (MIC) provide water to property owners both within and outside the City, with GWSSA predominantly providing water outside city limits. MIC is a private company which sells water shares on the open market. In addition, the Grand County Water Conservancy District and the Moab Area Watershed Partnership address water issues in Moab and Grand County. Of note, a new water system proposed in northern San Juan County should be of great concern to the City leadership. The San Juan Spanish Valley Special Service District has already changed a future point of diversion from the San Juan River to Spanish Valley for 500 Acre Feet and have another right to 5000 Acre Feet to the Colorado River that could potentially have a change in point of diversion filed. As there are currently no significant intersystem agreements for culinary water, the Water Conservation Plan recommends that the City of Moab work to establish a regional water authority that will include all water systems in the watershed including Moab City, Grand Water and Sewer Service Agency, Castle Valley, and water systems in southern Spanish Valley and Pack Creek. Sanitary Sewer/Wastewater Treatment The City's wastewater collection and conveyance system consists of over 36 miles of sewer pipelines. The City's wastewater treatment plant is a regional facility serving Moab and nearby unincorporated Grand County. Many of the collection facilities were built in the 1950's and 1960's as part of the proliferation of neighborhoods and subdivisions associated with the uranium boom. As the system continues to age, it will become prone to structural deterioration and hydraulic deficiencies. The Moab Wastewater Treatment Plant was last upgraded in 1996. Due to growth and new regulations, Moab is upgrading its wastewater facilities and components to increase capacity and ensure future compliance with discharge permits. This upgrade will take into account growth in Moab, Spanish Valley and northern San Juan County and will serve these areas by late 2018. CITY OF MOAB Agenda GENERAL PLAN Page 213 of 390 181Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Storm Drainage Seasonal heavy rainfall, along with large areas of sandstone cliffs and other areas surrounding Moab can pose significant storm water drainage issues for the City. While the City does not have a comprehensive storm drainage system, it does have a variety of storm water drainage facilities including check dams, drains, pipes, ditches, retention and detention systems, as well as street conveyance systems. The City adopted a Master Storm Water Management Plan in 1999, and updated it in 2007. The 2007 Plan identified a number of priority projects, with the Stewart Canyon Detention and Outfall, the South Area Trunk System and 200 South Upgrades as the top three priorities. In 2008, the City adopted a storm water fee system on residential and commercial properties in Moab to help offset the cost of these improvements. A further update to the Storm Water Management Plan is needed. Street Network There are approximately 26 miles of road within city limits. The original townsite of Moab follows the Utah tradition of wide streets and long blocks laid out in a grid. However, areas of town developed during and since the uranium boom are more typical U.S. urban and suburban layouts with somewhat narrower streets and occasional cul-de-sacs. The primary roads in Moab often function as part of the storm water drainage system, carrying storm water to the west and into the Matheson Wetlands Preserve or the Colorado River. The City also has an extensive system of bike lanes throughout neighborhoods. There are no bike lanes on Highway 191/Main Street in the center of town, but UDOT has installed bike lanes on the northern section of the road as it heads toward the Colorado River Bridge. Highway 191 is the primary access route in and out of Moab and travels through downtown Moab as Main Street. Highway 191 is part of the Utah Department of Transportation highway system, and the State is responsible for oversight and maintenance. While the highway sees a significant volume of local traffic, a good portion of the traffic is through -traffic. Traffic statistics indicate that approximately 9% of that traffic is small trucks such as UPS vehicles and 30% are large trucks and semi -tractor trailers. Maintenance of the City's street network is a substantial responsibility that includes everything from street sweeping and snow removal to pothole patching and asphalt replacement. Moab's Streets Department is responsible for all streets in City limits with the exception of UDOT maintained Main Street (US-191) and a few cross jurisdictional roads maintained by the County. The City receives Class C State Road Funds to help pay for city street maintenance, with maintenance supplemented by City general funds. Since Class C funding is based on road mileage not area, the excessive width of many of the city streets intensifies the funding shortfall. This funding is not sufficient for maintenance let alone reconstruction of roads that are failing. Though the City sets aside money from its general fund each year for road reconstruction, many streets are in fair or poor condition. The City has developed a prioritized maintenance and replacement list to address this issue, and intends to seek funding sources. Sidewalks, Paths and Trails Pedestrian and bicycle transportation infrastructure is a cornerstone of Moab's local, sustainable transportation system. The City of Moab has already worked to develop designated bicycle lanes, improve pedestrian sidewalks and paths, and ensure the safe movement of multi -modal traffic on local roadways. Maintaining and further expanding upon these efforts is essential to meeting the community's vision for an easily navigable street system and a bicycle and pedestrian friendly community. The Mill Creek Parkway and developing Pack Creek Parkway are non -motorized paths CITY OF MOAB Agenda GENERAL PLAN Page 214 of 390 191Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** and trails that meander through the city tying many of the neighborhoods and open spaces together. Starting construction in 1994, Mill Creek Parkway has become a vital recreational outlet and transportation connection for walkers, joggers and bicyclists in Moab. Even in 100 degree desert heat, the parkway stays green and shady; a welcome refuge for visitors and residents alike. Mill Creek Parkway, as well as the floodway and riparian zone surrounding Pack Creek, are the backbone of this system, with other conserved areas scattered throughout the City. Further expansion of the parkway is planned. The City of Moab, Grand County Trail Mix and Moab Trail Alliance (MTA) are active in promoting trail development and interconnectivity. Trail Mix is a multi -agency organization with the mission to develop and preserve an integrated network of trails for a safe, convenient, and enjoyable recreation and transportation experience. County Services and Facilities Moab is the county seat of Grand County. Moab residents utilize many facilities and services provided by Grand County or by special service districts established by Grand County. While many Grand County facilities serve city residents, Grand County does not have land use or law -making jurisdiction over the incorporated area of the city. Services and facilities provided by Grand County include: • Grand County Courthouse • Moab Visitors Center • Grand Center • Moab Library • Star Hall • Spanish Trail Arena and field complex • Moab and Klondike landfills • Spanish Valley Water and Sewer District • Canyonlands Care Center • Canyonlands Airport • Canyonlands Community Recycling Center • Family Support Center/Children's Justice Center • Sand Flats Recreation Area • Housing Authority of Southeast Utah • Lions Transit Hub • Ken's Lake agricultural reservoir • Grand Valley Cemetery • Sunset Memorial Gardens Cemetery • Moab Fire Department • Emergency Medical Services • Grand County Search and Rescue Public Education Services and Facilities The Grand School District, which is a subdivision of the State of Utah, provides elementary and secondary public education services within the community. The City of Moab cooperates extensively with the school district on a variety of issues including law enforcement, recreation programming and social issues. School District facilities include: • Helen M. Knight Elementary School • Grand Middle School • Grand High School • Moab Charter School • Arches Education Center • Sundwall Center Additionally, Utah State University has established a Moab Center and is in the process of designing and building a USU-Moab campus. The City of Moab strongly supports these efforts. State Services and Facilities The State of Utah has a number of regional offices and services located in Moab, necessitating cooperation with a number of different agencies. These locations include: • A Utah State office building • A Moab Workforce Services building • A UDOT yard • A Public Health office • A School and Institutional Trust Lands Administration (SITLA) office CITY OF MOAB Agenda GENERAL PLAN Page 215 of 390 201Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** • An Adult Probation and Parole office • A Rehabilitation Services office • A State Liquor Store Federal Services and Facilities The federal government has headquarters and offices in or near Moab that include the National Park Service, the National Forest Service, the Bureau of Land Management, the US Geological Survey, and the Moab Interagency Fire Center. The activities of the federal government affect the City of Moab in many ways, necessitating cooperation with a number of different agencies. Non -Profit Services and Facilities Moab and Grand County has an extensive network of local non-profit organizations that provide services to residents and visitors. Some of the major local non -profits include: • Matheson Wetlands Preserve • Four Corners Community Behavioral Health • Moab Regional Hospital • Moab Free Health Clinic • Youth Garden Project • Moab Valley Multicultural Center • Wabi Sabi • Community Rebuilds • Salvation Army • Veterans of Foreign Wars Other Services and Facilities Moab residents and businesses served by a number of utilities and communications providers, including: • Questar Gas • Rocky Mountain Power • Frontier Communications • Emery Telcom • DirecTV and Dish TV • River Canyon Wireless Relevant Planning Documents To be most effective, a municipality's general plan should be in alignment with the goals and objectives of other community regulations and plans. As part of the General Plan Update process, the documents below have been considered part of the Planning Context to ensure consistency and support future implementation. City of Moab & Grand County, Utah Water Conservation Plan Update (December 2016) The Water Conservation Plan is meant to address how Moab will meet its future water demand needs through water conservation programs and practices. The Conservation Plan Update recommends that the City embrace an initial goal of 25% reduction in culinary water consumption for both indoor and outdoor use over the next five years. In February, 2017, the City Council approved an ordinance to create a citizens' Moab City Water Conservation and Drought Management Advisory Board to inform and advice the City Council on matters related to water conservation initiatives, capital projects, and policy. City of Moab Storm Water Management Plan (MSWMP) (1999) The MSWMP was created to address the impacts of past and future growth on the storm water system and establishes an action plan to address those impacts. The 1999 Plan is in the process of being updated to the City of Moab Drainage Master Plan with expected completion in 2017. The updated Master Plan will evaluate existing and future deficiencies in the storm drainage system within the City, and will present a list of capital projects to address those deficiencies moving forward. City of Moab Sanitary Sewer Master Plan (expected completion date late 2017) A sewer system analysis was conducted based on growth in the City of Moab, Grand County and San Juan County. The Sanitary Sewer Master Plan will identify existing and future capacity deficiencies in the sewer collection CITY OF MOAB Agenda GENERAL PLAN Page 216 of 390 211Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** system, and provide a capital facilities plan to address those deficiencies. City of Moab Water Storage and Distribution Master Plan (expected completion date late 2017) A drinking water systems analysis will be performed to examine the City's existing water rights at springs and wells, and to analyze the City's water storage and distribution system. The master plan will identify existing and future deficiencies in the water system, and develop a capital facilities plan to address those deficiencies. Natural Hazards: Pre -disaster Mitigation Plan for the Southeastern Region of Utah (2013) Based on the Disaster Mitigation and Cost Reduction Act, this required plan identifies potential hazards, potential losses, and possible mitigation measures to limit losses due to natural disasters. Grand County, Utah General Plan (2012) The Grand County General Plan establishes the county's goals for the future and provides direction for decisions affecting the use and development of land, preservation of open space, transportation systems, partnerships with other organizations, economic growth and the expansion of public facilities and services. The plan is written to provide general policy direction, guide decision - making and set priorities. Grand County & City of Moab Housing Study and Affordable Housing Plan (2009) This plan was prepared with collaboration between the City of Moab, Grand County, the Housing Authority of Southeastern Utah (HASU), and the Rural Community Assistance Corporation (RCAC). The study examined the supply and demand of affordable housing and proposed goals and objectives to address affordable housing issues. Moab Area Housing Plan (2017) This is an update to the 2009 Plan above. The update was a joint effort of the Interlocal Housing Task Force, Grand County and the City of Moab. The 2017 plan is Appendix B in the General Plan. Grand County Non -Motorized Trails Master Plan (2011) Adopted by the city and county, the Grand County Non -Motorized Trails Master Plan provides a blueprint for an integrated trail system by cataloging existing trails and identifying strategic locations for future trail development. Spanish Valley Transportation Plan (2008) The Spanish Valley Transportation Plan addresses transportation issues with short- term and long-term improvement recommendations in the southern part of the city and south through the Grand County portion of Spanish Valley. Intersection enhancement, new road connectors, general road improvements, roadway realignment, and the addition of bicycle lanes to some roads are all suggestions presented in the plan to alleviate future traffic concerns. The Plan establishes policy and recommendations to ease congestion and safety concerns based on population projections, expected land use changes, and anticipated traffic increases from population growth and tourism. North Corridor Gateway Plan (2002) Originally adopted in partnership with Grand County, the plan addresses future development along the northern route 191 gateway by establishing standards that reflect the community vision of land use and development design related to streetscape appearance. The plan became the (RC) Resort Commercial Zone and was applied to the properties in the North Corridor Annexation on August 12, 2008. Utah State University: Future Moab Campus Master Plan (2012) This planning document envisions the new University campus over a 30-year period transitioning from a small downtown site to a full campus in a recently annexed area. The plan establishes that the campus will be CITY OF MOAB Agenda GENERAL PLAN Page 217 of 390 221Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** designed and constructed with an awareness of the environment, economics, community, aesthetics, and energy efficiency, to ensure it benefits the lives of students and Moab residents. 2020 Vision: A Sustainable Moab Plan (2008) This plan encourages water conservation, sustainable construction, reduced dependence on nonrenewable energy sources, and increased energy efficiency for new and existing structures. Community awareness and educational campaigns are proposed to show the financial and social benefits of sustainable practices. Other Context Affordable Housing A major challenge in Moab is the cost and availability of housing. Vacation properties and second homes dispersed throughout the community have inflated housing costs. A large percentage of jobs in Moab are in leisure, hospitality, and retail trade industries. Identifying and securing housing that supports the Moab workforce and their families has continued to be a priority for the City. J According to the 2010 Census, the median home value of owner -occupied units was $217,900 and the median household income was $39,085; in contrast, the median home value for the State of Utah is $221,300 and the median household income is $57,783. The Census also indicated that 18.9% of Moab's population is living below the poverty line, in contrast to 11.4% statewide. According to the County Assessor, in 2016 the average assessed value of all homes in Grand County was $296,000. In 2016 the Area Median Income (AMI) for Grand County was $64,300. According to the 2014 US Census Bureau 29.2% of the population earns less than $20,000/yr; ranked 26th of all counties in the state of Utah. This represents a slight improvement from 2010 numbers of 33% and 28th respectively. Arts & Culture Moab has a thriving arts community. The Moab Arts Council lists nearly 90 local artists in Moab, and there are many events and educational programs throughout the year for residents and visitors. There are numerous galleries throughout the city. The Museum of Moab on Center Street celebrates both the human and natural history of the area. The Moab to Monument Valley Film Commission is the longest running film commission in the US. The area's unparalleled landscape has lent itself to dozens of movies over the years, and will likely continue to be a small, yet important, facet of the City's economy and culture. Environmental Sustainability Moab has been on the forefront of renewable energy implementation, water conservation, and water quality practices as a priority to sustaining the local populace. As a leader in the movement towards clean energy, Moab has been purchasing wind energy and has encouraged residents to do the same, making Moab a model for energy sustainability and environmental commitment. The City has set an objective to reduce the use of non-renewable fuels by 20% and increase the City government's use of renewable energy sources by 20% by 2020. In doing this, Moab hopes to create a model for local citizens and other communities to follow. Solar panels have been constructed on the roofs of most of the city buildings. CITY OF MOAB Agenda GENERAL PLAN Page 218 of 390 231Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Although few major water conservation campaigns have been undertaken, the community has found ways to reduce their consumption per household over time. Moab has noticed significantly lower usage per household than the state average despite the hot and arid climate. However, in the Vision 2020 Plan, Moab set a goal of reducing per - household, per -business, and City -owned facilities' water use by 20% by 2020. CITY OF MOAB Agenda GENERAL PLAN Page 219 of 390 241Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** CHAPTER 3 - GENERAL PLAN UPDATE AND PROCESS General Plan Update Process The Core Planning Team consisting of city staff, county staff and the city planning commission was established to oversee the update process. The team was responsible for reviewing planning consultant applications through the RFP process. SE Group was chosen and assisted with the initial public participation phase. The Core Planning Team facilitated public noticing, provided technical support, led discussions, and drafted the document for review by the Planning Commission and the public. Based on public, Planning Commission and City Council comments, the Core Planning Team produced this final General Plan Update. Background The last General Plan adoption occurred in 2002. This update builds on the 2002 Plan and reflects current circumstances and priorities. Creating the General Plan Update was a community -based process that focused on what Moab residents' value about their community and identified opportunities for improvement from a variety of perspectives. The economy, the environment, transportation and connectivity, neighborhoods, and arts and culture were all topics considered during the process. The General Plan, as updated, is meant to be used by decision -makers and the community. The plan includes maps, illustrations, and sections that highlight certain accomplishments of the City since 2002. Public Engagement The City made public engagement a priority for the update. To achieve a high level of public engagement, the Core Planning Team and planning consultants utilized a variety of methods, including the following: 1. Web outreach 2. Open house 3. Stakeholder interviews (50+) 4. Sounding Board sessions (2) 5. Topic Forums (4) 6. Stakeholder Meetings and Workshop 7. Other meetings Each method is described below. Web Outreach Part of the effort to make the Moab General Plan Update a community -based process, a project website was created and provided ongoing information on public events and progress. People were also able to submit input via the website to the planning consultants. In addition to the website, the planning team used email notification to inform the community about events. People signed up for the mail lists at public meetings or via the website. At any point in the process, members of the community were able to provide comments or ask questions through the email link available on the website as well, which were then distributed to the consultants and Core Team. Open House On Wednesday, August 1, 2012 from 5:30- 7:30 p.m., a community open house was held at Moab City Hall and was attended by approximately three dozen people including City staff and administrators, residents and homeowners, business owners, and Moab City and Grand County public officials. The main objectives of the open house meeting were to inform the community about the General Plan Update and to get their initial insight on how to make the General Plan document stronger, more relevant and more in tune with today's vision. Poster boards were arranged around the room and participants used stars and green dots to indicate what they thought worked well in the past and what remains pertinent today. CITY OF MOAB Agenda GENERAL PLAN Page 220 of 390 251Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Stakeholder Interviews Nearly 50 stakeholder interviews were conducted over a two-day period at the onset of the planning process. Interviewees came from a range of backgrounds and roles within Moab, from business owners to long-time residents and specialists from the fields of education, housing, public works, recreation and more. Some of these interviews were conducted on an individual basis while others were conducted in a group setting with two or three people at a time. This approach resulted in intriguing discussions around some of Moab's most pressing planning topics. Themes that emerged were: • Retail needs • Year-round economic sustainability • City improvements and services • Community pride • Water resources • Neighborhood/character preservation • Government and process • Land use, growth and opportunity areas • Affordable housing • Public transportation and connectivity "Sounding Board" Sessions Sounding Board sessions were held as casual community forums to meet with members of the planning team, learn about the process and provide input on the plan update. Each session was 2 hours in length and were held at different times and locations to reach different segments of the Moab community. The morning session was held at the Wake N' Bake coffee shop and the afternoon session was held at the Moab Recreation and Aquatic Center. • Wake N' Bake This session was held in the morning in order to reach the community in an informal setting. A handful of people attended, and because of the small number, conversations were in-depth and one-on-one. Mayor Dave Sakrison, Planning Director Jeff Reinhart and Economic Development Director Ken Davey were also on hand to answer questions from the public. Much of the discussion revolved around neighborhoods, character preservation, and affordable housing. Topics included the future of the Grand Oasis mobile home park, increased density in residential areas, the highly valued eclectic architecture, solar gain, and the variation of lot sizes in Moab. • Moab Recreation and Aquatic Center The afternoon session was aimed at reaching families, children, and residents who otherwise would be less likely to provide input on the General Plan Update. The afternoon time frame was selected because the Aquatic Center is busy during that time of day. While adults visited with members of the planning team, children ate ice cream and drew pictures of what they loved most about Moab (see below). Wii+S our, ;avantg pfPft. L. Mons'? `" '-- q -,L1__'',; .---.\ tt4. -= _� -� � -- The value of the Aquatic Center to the community as a recreation center and central gathering place was expressed by many of those who stopped to talk. People also expressed what a fantastic place Moab is to raise a family, although some noted the high cost of living and lack of available shopping options for families. Residents noted the importance of the nearby National Parks to the stability of the tourism economy. Participants advocated for more connectivity between the City and the Parks, either through public transportation or biking CITY OF MOAB Agenda GENERAL PLAN Page 221 of 390 261Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** connections. There was also general support for promoting alternative transportation throughout Moab and decreasing auto - dependency. Several business owners/tour operators would like to see more partnerships fostered across the business community to promote the area as a place with friendly, outstanding service. They would like to see the reputation of Moab grow as a place with amazing resources and attractions offering an exceptional experience. Several people voiced support for promoting solar energy usage asserting that Moab could be a model community for relying on renewable energy with its exceptional year- round solar resources. Topic Forum Discussion Series These four one -hour lunch sessions were held at the local USU Campus. Each forum began with a video presentation of background information, followed by a group discussion. Several Core Team members were present to facilitate and provide more information as questions arose. The Topic Forums were open to the public, and video recordings of the presentations were posted to the project website for additional comment and discussion. The Topic Forums were: 1. Neighborhoods, October 16, 2012 2. Economic Sustainability October 17, 2012 3. Living with the Environment October 18, 2012 4. Getting Around Moab October 25, 2012 The "Topic Forums" further explored these ideas and the general themes identified during the public input process. These "Topic Forums" helped shape the goals and policies found in chapter 3. The Neighborhoods forum focused on the character of neighborhoods and the role they play in the Moab Community Moab is home to distinct residential areas that were built at different times and community members present identified with where they live. Many felt strongly that policies should help preserve certain attributes of their neighborhoods and encourage future improvements. Another theme was the Original Moab Townsite, which is cherished for walkability, varied architectural styles and lot sizes, and mix of residents. Houses, duplexes and apartment buildings currently exist side by side with historic buildings original to the city. Gardens and old trees thrive in the area. Community members wanted to ensure that new development and redevelopment in this part of Moab should carefully consider the context and impacts to existing character in its design and site planning. Other residential neighborhoods that were specifically discussed included the Nichols - Bowen neighborhood, Mountain View, and Grand Oasis. Nichols -Bowen is close enough to be walkable to Downtown, yet far enough away to feel separate from tourism activity. Mountain View is a Levittown style of development built for miners and their families in the 1950's and is today a thriving single-family neighborhood. Grand Oasis is a manufactured home park that provides over 300 families with affordable housing options. Residents expressed concern that the future viability of the park as a residential neighborhood is in jeopardy. It was felt that all types of housing opportunities were important for residents of various interest, ages, and walks of life. In the "Economic Sustainability" Topic Forum and throughout the public process, community members identified increasing employment diversification and improving the availability of retail goods and services as general goals. Participants felt the development of a Utah State University destination campus would act as a catalyst for quality jobs and more educational CITY OF MOAB Agenda GENERAL PLAN Page 222 of 390 271Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** opportunities for residents, and would make it easier for young people to remain in the community. On the question of large scale retail operations in Moab, participants had differing views. Some felt large scale retail would negatively impact existing retail outlets, while others felt large scale retail will allow Moab to keep retail "leakage", from Grand Junction competition and online. Support was expressed for programs to develop local businesses related to food service, the arts, and home occupations. Participants indicated they would look favorably upon environmentally "sustainable" enterprises. "Living with the Environment" focused on Moab's natural environment, surroundings, and environmental sustainability. Water quality and water conservation were brought up in the early public outreach events and were discussed in more detail in the topic forums. Water usage, while conservatively low according to the Water Conservation Plan, is still a priority of the City and residents. Some community members stated that they would like to see a scientific study done to quantify the amount of water available in the aquifer for future needs. Residents offered ideas on how the City could improve the retention of water during storm events. They encouraged the use of swales and storm drainage mechanisms that would allow more water to irrigate urban gardens and greenery. Similarly, people voiced interest in having a constant flow of water in Mill Creek. Participants expressed support for recycling, reuse and composting through a series of public/ private partnerships in Moab. They felt that this will be important in the future for reducing the City's output of solid waste and subsequent carbon footprint. Residents shared that they view Moab's surrounding landscape as very important to the community and believe protecting it has significant positive implications for Moab's economy and quality of life. Discussion points related to this centered on reducing light pollution, regulating ridgeline development, and the importance of integrating new construction with the natural landscape. In the "Getting Around Moab" Topic Forum and throughout the public process, community members supported multi -modal (vehicles, bikes, walking, transit) connectivity throughout Moab especially between outlying tourist accommodations and Downtown. Another concern discussed was to provide better pedestrian crossings along Main Street within Downtown. During the forum, the participants discussed implementing the concept of "Complete Streets" and improving streets for all users by integrating motorized and non -motorized modes of transportation. The wide streets of Moab provide an ideal setting to implement these elements. Stakeholder Meetings and Workshops Public Meeting: Exploring Moab Workshop was held at Moab City Hall on November 8, 2012. Approximately 30 community members and business owners participated in the workshop, along with several staff and public officials from the City of Moab and Grand County. During the workshop, community members participated in an exercise focused on CITY OF MOAB Agenda GENERAL PLAN Page 223 of 390 281Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** development patterns and character at different densities. The purpose of this workshop was to invite the Moab community to flesh out key planning topics from previous public outreach efforts. Through a hands-on small group exercise using visual examples, participants explored future possibilities for Moab. They developed concept maps that detailed opportunities and challenges using the four topic areas of Economic Sustainability, Neighborhoods, Getting Around Moab, and Living with the Environment. The input from this workshop provided information for the Future Land Use Map and policies of the 2013 General Plan Update. Other Meetings Other meetings included workshops and public hearings held by the Planning Commission. The City Council also held meetings to receive comments from the public in the early part of 2015. In April of 2017 the Planning Commission held a final public workshop to unveil the updated plan to the public. The Planning Commission also held a public hearing prior to forwarding their recommendation for adoption to the City Council. General Plan Implementation The implementation stage of the City of Moab General Plan occurs as rezoning, development and annexation requests are made, as zoning and subdivision ordinances are revised, as capital improvement programs are developed, and as budgets are prepared. In order to preserve the integrity of the Moab General Plan, and to ensure that it reflects the changing needs of residents of Moab, it shall be the policy of the Moab Planning Commission and City Council that: 1. Moab General Plan policies will be used to guide the implementation of City ordinances and resolutions. 2. All ordinance changes, rezoning, or improvement programs should be in conformance with the expressed policies and maps of the General Plan. 3. The General Plan should be reviewed bi-annually not only to ensure that the policies and programs are consistent with changing trends and conditions in the City but also to best reflect the goals and needs of the community. 4. Requests for a plan amendment may be made by the general public, the City Planning Commission, or elected officials. The burden of establishing that any amendment to the General Plan is in the best interests of the City shall rest on the applicant. To justify such a plan amendment, the applicant must show that the change will promote the general welfare of the community and support the community goals and policies expressed in the General Plan. CITY OF MOAB Agenda GENERAL PLAN Page 224 of 390 291Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** CHAPTER 4 — COMMUNITY VISION City of Moab Community Vision The Community Vision is a group of statements that summarize the values shared by the community for the future. The Vision was originally written as part of the 2002 General Plan, and has been revised as part of this update based on public input. All elements, goals and policies relate back to the community vision for Moab. A Vision for Moab In planning for the future of Moab, the community vision encompasses the following goals: ➢ Prioritize housing opportunities for all residents in the community. ➢ Promote Downtown Moab as a center of commercial activity, employment and residential uses. ➢ Promote a compact development pattern that makes efficient use of public facilities and services, encourages mixed uses, protects open spaces and minimizes urban sprawl. ➢ Maintain Moab's small town character. ➢ Encourage community -wide (walking/biking/pathway) connectivity, between schools, neighborhoods, work places, downtown, and tourist destinations. ➢ Encourage a diverse mix of year-round employment opportunities offering competitive salaries and meaningful work to raise residents' standard of living through an economically viable community. ➢ Recognize the value of Moab's surrounding landscape and other natural resources to enhance the quality of life for community residents and to ensure the longevity of Moab's tourism industry. CITY OF MOAB Agenda GENERAL PLAN Page 225 of 390 301Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** CHAPTER 5 - ELEMENTS, GOALS, POLICIES AND ACTION STEPS Nine (9) Elements 1 The Moab City General Plan is divided into nine elements: Element 1 - Economic Development Addresses the role of the City in promoting balanced economic development and employment in the area. Element 2 - Environmental Sustainability Outlines the role of the City in addressing impacts on the environment and the quality of life for current and future residents. Element 3 - Land Use and Growth Encompasses commercial, residential, industrial, and other land use. Element 4 - Housing Addresses housing needs in terms of quality, quantity and affordability. Element 5 - Parks and Recreation Includes planning for park facilities and recreation within Moab. Element 6 - Arts and Culture Addresses City's support for arts and cultural programs. Element 7 - Transportation and Circulation Involves planning for arterial, collector, and local traffic circulation, and for bicycle and pedestrian traffic Element 8 - Public Works Addresses the capacities and needs of community facilities and services. Element 9 - Civic Services and Facilities Addresses municipal properties, law enforcement, health and emergency services, and education in Moab. Goals, Policies, Action Steps, and Plan Maps Each element includes goals, policies, and action steps. Annexation, land use, transportation and other elements have an accompanying plan map. Below is a brief description of each: 1. Goals - Goals are normally stated in broad terms because they reflect wide community values. They provide the City with direction. 2. Policies - Guidelines that should be followed in order to achieve the stated goals. 3. Action Steps - Recommended courses of action to achieve goals in accordance with stated policies. The list is not complete; items may be added or deleted depending on the circumstances. 4. Plan maps for annexation, land use, transportation and other elements show spatial relationships of land use and the desired direction of growth. CITY OF MOAB Agenda GENERAL PLAN Page 226 of 390 311Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** ELEMENT 1: ECONOMIC DEVELOPMENT GOAL 1: GENERAL ➢ Promote a vibrant local economy that supports the unique quality of life and character of Moab. Policy 1: Continue to promote Downtown Moab as a primary commercial core of the community for residents and visitors. Action Steps: a: Work with the Chamber of Commerce to develop a downtown business group. b: Develop a Downtown Plan to define a central business district and expand and enhance pedestrian and shopping opportunities. Policy 2: Weigh the costs and benefits of new commercial and industrial development while evaluating the required expansion of public facilities and services for those projects. Action Steps: a: Require or conduct project specific feasibility analyses to determine impacts on public facilities and requirements for upgrade or expansion. b: Regularly update impact fee analyses. c: Ensure that infrastructure improvements that benefit new development be the financial responsibility of the new development. Policy 3: Encourage local businesses and industries to grow and thrive. Action Steps: a. Participate in and support small business development center activities and programs. b: Investigate incentives for storefront development and enhancement. Policy 4: Encourage new and existing businesses to be based in Moab. Action Steps: a. Participate in and support small business development center activities and programs. CITY OF MOAB Agenda GENERAL PLAN Page 227 of 390 321Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Policy 5: Facilitate the growth of local businesses and industries in a context appropriate to Moab. (size, scale, etc.) Action Steps: a. Develop and enforce land use and design standards for commercial development. b: Encourage business development that complements the existing economy and business offerings. Policy 6: Encourage development of a small-scale private convention facility in Moab. Action Steps: a: Review development plans and provide input on the potential effect the development may have on the community. Policy 7: Promote an appealing driving and walking experience for residents and visitors. Action Steps: a: Investigate incentives for storefront development and enhancement. b: Develop a beautification program. c: Continue implementation of the Gateway Plan. Policy 8: Support well -planned festivals and events that appeal to a wide array of residents and visitors and provide a net benefit to the community. Action Steps: a: Review and evaluate events through the special event committee. b: Continually review and update the special event fee structure. c: Coordinate with the Moab Area Travel Council and event organizers. Policy 9: Identify and explore new economic development opportunities. Action Steps: a. Participate in State Economic Development efforts to expand statewide activities. b. Continue to obtain outside funding for trail development and other recreational opportunities. c. Explore opportunities to diversify Moab's economy. CITY OF MOAB Agenda GENERAL PLAN Page 228 of 390 331Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Policy 10: Consider the financial and social impact that continued promotion of tourism and events has on the community, residents and infrastructure. Action Steps: a. Regularly consult with Grand County Council on tourism related issues. b. Work with citizens to form a community residential committee (CRC) for regular input. Policy 11: Promote and enhance retail offerings that serve the everyday needs of residents and visitors. Action Steps: a. Conduct a market study to measure how effectively Moab meets the local supply and demand for goods and services. Policy 12: Coordinate and cooperate with Grand County to ensure adequate land and appropriate zoning for light industrial or business parks. Action Steps: a. Form an economic development planning group to create a community -wide economic development plan. Policy 13: Identify and explore economic development opportunities for new and existing high-tech industries. Action Steps: a. Encourage and facilitate "meet -up" opportunities for tech businesses. Policy 14: Follow and regularly update a broad -based economic development strategy. Action Steps: a. Form an economic development planning group to create a community -wide economic development plan. Policy 15: Provide the governmental monetary resources necessary to support the community. Action Steps: a. Pursue outside funding and monitor existing revenue sources to ensure they meet the demands of the city. CITY OF MOAB Agenda GENERAL PLAN Page 229 of 390 341Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Policy 16: Provide local government support for privately funded and publicly funded employee housing alternatives. Action Steps: a. Pursue outside funding options to match and leverage private and non-profit housing resources. b. Partner with Housing Authority of Southeast Utah to promote and pursue federal and state financing options including grants and tax credit financing. c. Work with Grand County, other rural communities and the State of Utah to solve workforce housing issues unique to rural Utah. d. Solicit current information on Federal Housing Programs and funding from the USDA Department of Rural Development. Policy 17: Support ongoing higher education programs in Moab and the pursuit of a local destination campus. Action Steps: a. Support efforts to provide housing necessary for students, faculty and other residents on properties surrounding the campus. b. Support the expansion of educational opportunities offered by Utah State University. c. Continue to provide funding for the higher education campus set -aside fund. CITY OF MOAB Agenda GENERAL PLAN Page 230 of 390 351Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** ELEMENT 2: ENVIRONMENTAL SUSTAINABILITY GOAL 1: GENERAL ➢ Provide an enhanced quality of life through environmental stewardship. Policy 1: Collaborate with local businesses and residents to expand opportunities for environmental sustainability. Action Steps: a. Update and expand the "2020 Vision: A Sustainable Moab Plan" to reflect the City's accomplishments and set new goals. b. Take steps to reduce noise pollution and develop goals, policies and action steps to address noise concerns. ********** GOAL 2: VISUAL RESOURCES ➢ Protect the visual resources of Moab. Policy 1: Preserve viewsheds of ridgelines, hillsides, mountains and the sky at night. Action Steps: a. Update hillside development regulations to reflect current development trends. b. Work with other government and land use agencies to protect viewsheds of Moab residents. c. Continue to assess visual impacts as part of the development review process. d. Continue to require visual screening of developments that affect residents' views. Policy 2: Minimize light pollution within the City and surrounding areas. Action Steps: a. Explore ordinances that consider intensity, type, and quantity of light for streets, buildings, signs, and other exterior uses. b. Provide resources that help educate residences on using more efficient and effective methods of lighting. c. Demonstrate the use of efficient and effective lighting on City property and right of ways. ********** CITY OF MOAB Agenda GENERAL PLAN Page 231 of 390 361Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** GOAL 3: AIR QUALITY Maintain a high standard of air quality in the region to enhance and protect the health of the community, the environment and the scenic resources. Policy 1: Work to improve local air quality particularly during temperature inversions in winter months. Action Steps: a. Promote the use of less polluting heat sources through public information efforts. b. Cooperate with the State of Utah in air quality monitoring efforts. Policy 2: Promote the use of alternative transportation that is non-polluting or reduces fossil fuel consumption. Action Steps: a. Continue to explore public transportation. b. Continue to expand and maintain bike lanes and paved non -motorized routes, and their local and regional interconnectivity. Policy 3: Encourage and promote energy conservation and the use of clean alternative energy sources such as solar, wind, etc. Action Steps: a. Promote utility provider programs and non-profit organizations that encourage energy efficiency and alternative energy sources. Policy 4: Discourage projects that would substantially decrease air quality Action Steps: a. Monitor industrial and other projects within and outside City limits that may impact air quality within City limits. GOAL IV: WATER QUALITY ➢ Protect ground, spring and surface water quality. Policy 1: Ensure that development and activities within the City do not negatively impact water quality. CITY OF MOAB Agenda GENERAL PLAN Page 232 of 390 371Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Action Steps: a. Review, evaluate, and take action on activities and development projects and land use changes both inside and outside the City limits to protect the quality of the City's water resources. b. Discourage the use of potentially harmful chemicals that could adversely affect water quality or harm the aquifer in drinking water source protection areas. c. Continue monitoring water quality. d. Participate in and support further ground water studies. e. Regularly update the drinking water source protection plans and related ordinances. £ Require project -specific drinking water source protection plans for projects in the City's drinking water source protection areas, and include a requirement for bonding to cover losses due to contamination or jeopardy of the aquifer. g. Maintain EPA sole source aquifer designation. h. Adopt a green infrastructure ordinance for storm water management to protect water quality, increase localized groundwater recharge and offset landscape irrigation through matching plantings with green infrastructure treatments. GOAL 5: WATER SUPPLY ➢ Preserve the community's access to culinary water. Policy 1: Work with other government agencies to determine future culinary water availability. Action Steps: a. Participate in the United States Geological Survey and Utah Division of Water Rights regional ground water studies. b. Work to establish a regional water authority that will include all water systems in the watershed including Moab City, Grand Water and Sewer Service Agency, Castle Valley, and water systems in southern Spanish Valley and Pack Creek. Policy 2: Preserve and expand City of Moab water rights. Action Steps: a. Ensure that the City maintains its current water rights. b. Investigate the acquisition of additional water rights. CITY OF MOAB Agenda GENERAL PLAN Page 233 of 390 381Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** X X X XXXXXXX GOAL 6: ENERGY AND RESOURCE CONSERVATION ➢ Reduce energy resource waste and expand the community's use of renewable energy. Policy 1: Encourage energy conservation. Action Steps: a. Adopt measures to improve the energy efficiency of existing and future City buildings. b. Work with private businesses, residents, Grand County, regional government agencies, the State of Utah, and federal agencies to promote and adopt energy efficiency and environmentally sustainable programs and projects. c. Support weatherization programs for the homes of the elderly and lower income families. d. Balance the benefits of efficient building concepts and techniques with residents' desire for solar access. Policy 2: Promote efficiency and use of renewable energy resources. Action Steps: a. Support a Green Builders program that provides information and incentives to builders to use passive solar design, above minimum insulation, efficient heating/cooling, etc. b. Promote and help expand community -wide recycling and re -use programs. CITY OF MOAB Agenda GENERAL PLAN Page 234 of 390 391Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** ELEMENT 3: LAND USE AND GROWTH GOAL 1: GENERAL ➢ Encourage a diverse, compact, and efficient land use pattern that is aligned with the city's character, economy, and vision. Policy 1: Encourage development to consider the appearance, design, financial impact, and amenities of the community. Action Steps: a. Emphasize connectivity and walkability in order to facilitate healthy lifestyles and decreased vehicle reliance. b. Promote commercial centers that meet the everyday needs of residents and visitors. c. Encourage mixed -use development where appropriate. d. Encourage redevelopment, infill development, aesthetics and pedestrian access in the downtown area. e. Work with Grand County to evaluate the impacts of growth and development in the south corridor area. f. Encourage compact development patterns. Policy 2: Anticipate and plan for impacts of future growth on all city utilities, services, and infrastructure. Action Steps: a. Continue to explain code regulations to developers and residents to foster mutual understanding of expectations. 4c*****x*** GOAL 2: NATURAL AND ENVIRONMENTAL CONSTRAINTS ➢ Protect residents and property, and prevent public costs associated with development in hazardous areas. Policy 1: Restrict development in areas that present natural hazards to human life, property, and natural resources. Action Steps: a. Enforce hillside development regulations to ensure that erosion, drainage and hazardous rock fall problems are mitigated. CITY OF MOAB Agenda GENERAL PLAN Page 235 of 390 401Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** b. Identify geologic hazards and restrict development in these areas. c. Require properties in floodways to maintain the flood channels and keep them clear of debris. d. Ensure that stream banks and hillsides are vegetated to protect against erosion. e. Restrict development within identified riparian zones or critical wildlife habitat areas. £ Preserve natural drainage ways for storm water. g. Continue to ensure that development plans address storm water concerns. ********** GOAL 3: URBAN DESIGN AND CHARACTER PRESERVATION ➢ Promote an urban design that is compatible with the history, culture and character of Moab. Policy 1: Continue to consider visual appearance criteria in site design, architecture and landscaping of new construction to encourage and promote innovative, quality urban design and efficient land use patterns. Action Steps: a. Promote design -oriented improvement and beautification projects in downtown. b. Promote an attractive gateway entrance at Moab's two primary arrival points on Highway 191 (north and south), through signage, landscaping, and traffic calming features. c. Review the sign regulations to balance aesthetic values and business needs. d. Encourage the use of native and drought -resistant (xeriscape) trees, shrubs, flowers and grasses on streets, parks, planting strips and medians. e. Protect residential values so that Moab is a pleasant place to raise a family. f. Encourage green development and alternative engineering to minimize run off and maximize absorption of water. GOAL 4: RESOURCE PROTECTION ➢ Ensure the protection of Moab's natural and scenic resources. Policy 1: Require development to consider impacts on the natural environment and protect cultural and historical resources. Action Steps: CITY OF MOAB Agenda GENERAL PLAN Page 236 of 390 411Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** a. Encourage the preservation of areas critical to local wildlife through open space designation or conservation easements. b. Continue to encourage the establishment of green ways, parks, trail corridors, and open space within new development. c. Promote sustainable building practices in construction projects and recognize those projects that have taken such initiatives. d. Continue to protect scenic views and night skies by minimizing light pollution. e. Encourage the protection of culturally and historically significant resources found within development areas. f. Explore best management practices for soil conservation. Policy 2: Encourage the establishment of open space and natural areas throughout the city. Action Steps: a. Consider greenbelts and greenways as forms of open space for area residents. b. Identify critical lands to be conserved within the city limits and the annexation areas. ********** GOAL 5: STREET TREES AND LANDSCAPING ➢ Improve the overall visual, recreational and environmental quality of the community through the use of trees and vegetation. Policy 1: Utilize climate -appropriate vegetation to beautify and provide shade in and around paved areas. Action Steps: a. Enhance and increase landscaping in parking areas and planting strips. b. Encourage the planting of climate -appropriate trees in and around streets and parking areas to provide shade and more comfortable public spaces. Policy 2: Encourage the preservation and enhancement of existing landscape resources. Action Steps: a. Continue planning and developing the Mill Creek and Pack Creek Parkway. b. Support community efforts to beautify public spaces and private properties with climate - appropriate trees, shrubs and ground covers. c. Encourage new development to preserve existing native trees and vegetation. CITY OF MOAB Agenda GENERAL PLAN Page 237 of 390 421Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** d. Support the goals of the City Urban Forester and Public Works department to develop an effective and diverse community forestry program. Policy 3: Encourage appropriate plant selection to minimize maintenance and water usage. Action Steps: a. Develop landscape design suggestions and lists of appropriate trees, shrubs and flowers that will flourish in our climate. b. Discourage practices that will result in the growth and proliferation of noxious and invasive weed species. Policy 4: Improve the highway landscapes in Moab. Action Steps: a. Utilize climate -appropriate trees, shrubs, flowers, natural landscaping and historic building materials and machinery to beautify the "gateways" at the north and south ends of town. GOAL 6: HISTORIC PRESERVATION ➢ Preserve historic elements throughout the community. Policy 1: Encourage the preservation and rehabilitation of historic and culturally significant structures. Action Steps: a. Consider the establishment of an historic preservation board. b. Encourage new development to be compatible with the historic character and integrity of the community. ********** GOAL 7: COMMERCIAL ➢ Promote appropriate commercial development while maintaining quality of life for residents. Policy 1: Consider zone changes and adjustments that balance property rights and community benefits. Action Steps: CITY OF MOAB Agenda GENERAL PLAN Page 238 of 390 431Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** a. Encourage mixed -use development that integrates retail, general commercial and residential uses in a manner that preserves Moab's sales tax revenues and promotes a self-contained neighborhood atmosphere. b. Investigate the potential of live -work units. c. Promote the establishment of neighborhood -scale commercial opportunities providing convenient goods and services to nearby residents. d. Consider commercial zoning areas for uses not compatible with downtown retail and general commercial areas. Policy 2: Work with property owners and businesses to create more appealing commercial areas for residents. Action Steps: a. In collaboration with property owners and businesses, consider designs suggestions or guidelines that incorporate Moab's character and natural surroundings. b. Encourage property owners and businesses to develop local improvement plans to enhance the shopping experience of the area for residents. Policy 3: Work with the business community and community -at -large to promote a positive business climate. Action Steps: a. Review commercial development regulations. b. Work with downtown property owners to encourage planters, flower boxes, benches and other outdoor enhancements. ********** GOAL 8: RESIDENTIAL ➢ Promote a variety of housing types and neighborhoods. Policy 1: Work with developers and neighborhoods to promote different styles, densities and forms. Action Steps: a. Promote walkable neighborhoods through continued improvements to sidewalks, pedestrian amenities and street crossings. b. Promote compact design and development that maximizes the efficiency of City services. c. Encourage the preservation of quality mobile and manufactured home developments. d. Encourage the maintenance and improvement of residential properties. CITY OF MOAB Agenda GENERAL PLAN Page 239 of 390 441Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** e. Increase neighborhood parks as opportunities arise. f. Protect existing neighborhoods and develop new family oriented neighborhoods. ********** GOAL 9: INDUSTRIAL ➢ Provide city areas appropriate for light industrial economic activity. Policy 1: Ensure that zoning properly buffers light industrial uses from residential neighborhoods. Action Steps: a. Locate industrial uses close to main roadways and available utilities. b. Encourage industrial operations to be conscious of the environment and public health and safety. ********** GOAL 10: AGRICULTURE ➢ Encourage the development of locally based food production. Policy 1: Allow the expansion of appropriate "urban farming" activities. Action Steps: a. Encourage individual and community gardens throughout Moab and especially residential areas. b. Encourage responsible beekeeping and other activities that add to vegetative abundance. c. Investigate ways to allow small scale and appropriate livestock activities while protecting neighborhoods from health and safety problems, and noise and odor issues. d. Continue support of the local farmer's market. ********** GOAL 11: OPEN SPACE ➢ Promote green space within and surrounding Moab. Policy 1: Conserve sensitive undeveloped areas for riparian, wildlife, and water shed protection. CITY OF MOAB Agenda GENERAL PLAN Page 240 of 390 451Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Action Steps: a. Support the Scott M. Matheson Wetland Preserve as an important part of the open space and natural areas system. b. Preserve the flood channel along Mill Creek and Pack Creek as open space. c. Consider open space preservation as a way of protecting water shed recharge zones. d. Maintain water courses to protect riparian and wildlife habitat. ********** GOAL 12: FLOOD PROTECTION ➢ Facilitate the protection of life, property and natural resources from damage due to floods. Policy 1: Keep flood channels free of structures that may cause damage during flooding. Action Steps: a. Identify areas where the City could purchase lands for flood hazard reduction. b. Work with private land owners to maintain a free flowing flood channel c. Maintain natural channel meanders and avoid dredging or straightening channels. d. Work with Grand County and San Juan County and other agencies to develop a regional flood protection plan. e. Protect and enhance Mill Creek and Pack Creek. Policy 2: Balance flood channel protection with wildlife and riparian habitat. Action Steps: a. Plant native cottonwoods and willows in riparian areas where appropriate. b. Acquire water rights for in -stream flow. c. Explore eradication of non-native weeds by chemical, mechanical and biological controls. d. Consider impacts on wildlife and plant life when conducting vegetation management, removal and revegetation projects. ********* CITY OF MOAB Agenda GENERAL PLAN Page 241 of 390 461Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** GOAL 13: ANNEXATION ➢ Consider annexations that provide a benefit to the community. Policy 1: Assess the impact on City services of each proposed annexation. Action Steps: a. Prepare an annexation impact report on each proposed annexation. b. Require annexation agreements on all proposed annexations. c. Update the annexation policy to preserve and protect the interests of the City. d. Assess the impacts of proposed annexations where municipal services cannot be economically provided. e. Develop a master plan for each annexation area. CITY OF MOAB Agenda GENERAL PLAN Page 242 of 390 471Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** ELEMENT 4: HOUSING GOAL 1: GENERAL ➢ Follow a housing strategy that meets the needs of current residents, anticipates growth in housing demand, promotes a cohesive small-town environment and supports a high quality of life. Policy 1: Encourage housing opportunities for a variety of needs and income levels. Action Steps a. Recognize the value and character of existing residential neighborhoods and encourage compatible development/redevelopment projects with existing neighborhoods and the underlying zoning. b. Identify residential properties that are not meeting City code requirements for health, welfare and safety, and work with the owners of those properties to remedy existing problems. c. Encourage residential homes to remain in residential use. *********** GOAL 2: AFFORDABLE HOUSING ➢ Promote strategies that improve the ability of all Moab residents to have access to affordable, quality housing. Policy 1: Promote programs and partnerships that focus on providing affordable and workforce housing. Action Steps a. Update and implement the Grand County and City of Moab Housing Study and Affordable Housing Plan. b. Collaborate closely with the Housing Authority of Southeastern Utah on acquisition of properties and projects for affordable housing. c. Work with private and non-profit developers to increase the affordable housing stock in Moab. d. Assess on a continuing basis the gaps among housing stock, housing needs and household affordability. e. Establish and participate in programs and efforts to reduce household operating, rehabilitation, and construction costs. CITY OF MOAB Agenda GENERAL PLAN Page 243 of 390 481Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** ELEMENT 5: PARKS AND RECREATION GOAL 1: PARKS ➢ Continue to provide parks, facilities and open space for year-round use. Policy 1: Maintain high quality standards at all City -owned parks, facilities and open spaces. Action Steps a. Explore possible participation in and certification of city parks in nationally recognized programs. b. Develop a Park Improvement Master Plan. c. Research and implement sustainable park maintenance methods in appropriate areas such as enhancement with native plant species and water conservation. d. Consider implementation of an "adopt a park" program for parks and open space maintenance and management. Policy 2: Pursue expansion of the park and open space system. Action Steps a. Provide new and traditional park experiences by enhancing and establishing different types of park spaces throughout the community b. Emphasize trail development for local transportation and recreation needs with connections to existing trails. c. Continue to work with Grand County, the Moab Trail Alliance, and Trail Mix to implement and update the Grand County Master Non -motorized Trails Plan. d. Continue to develop and expand the Parkway Project to connect all neighborhoods in the City. e. Consider urban wildlife populations when planning for future open space and natural area designation, as well as in proposals for new development. GOAL 2: RECREATION ➢ Provide high quality and affordable recreational services, programs, and events. Policy 1: Promote a variety of recreation experiences through Moab including multi - generational recreation programming. CITY OF MOAB Agenda GENERAL PLAN Page 244 of 390 491Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Action Steps a. Ensure that recreation sites are well-connected, accessible, safe and enjoyable for all ages. b. Through inter -local agreements, continue to cooperate with the County, the School District and the Grand County Recreation Special Service District to continually expand and improve recreational programs. c. Continue to promote and support the Moab Recreation and Aquatic Center as a hub for healthy activity year-round in Moab. d. Annually review the recreation program portfolio to determine deficiencies and integrate new programs. e. Co-sponsor activities with appropriate partners to efficiently broaden recreation opportunities. CITY OF MOAB Agenda GENERAL PLAN Page 245 of 390 501Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** ELEMENT 6: ARTS AND CULTURE GOAL 1: GENERAL ➢ Provide and promote year-round diverse arts and cultural opportunities for all ages and abilities. Policy 1: Create opportunities for cultural arts participation for all residents and visitors. Action Steps a. Enhance the Moab Arts and Recreation Center and other arts and cultural venues. b. Encourage citizen participation in planning cultural arts activities. c. Work with partners in the arts and culture sector and use creative strategies to achieve economic, social, environmental, and community goals. d. Encourage the performing, visual, and fine arts, as well as applied arts including architecture and graphic design; crafts; film, digital media and video; humanities and historic preservation; literature; folk life; and other creative activities. e. Encourage art to be displayed on public property and rights -of -way. CITY OF MOAB Agenda GENERAL PLAN Page 246 of 390 51IPage 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** ELEMENT 7: TRANSPORTATION AND CIRCULATION GOAL 1: GENERAL ➢ Promote a safe, efficient and convenient multi -modal transportation network throughout Moab. ********** GOAL 2: PEDESTRIAN ➢ Achieve a pleasant, safe, efficient and complete pedestrian transportation network that provides a viable transportation alternative for daily circulation, activities and recreation. Policy 1: Continue to encourage a more pedestrian -oriented business district in Downtown Moab. Action Steps: a. Initiate improvements and design elements such as shade trees, seating, gathering areas and public art. Policy 2: Update design standards and applicable code sections to include better pedestrian access and protection from traffic. Action Steps: a. Provide well -maintained sidewalks of sufficient width. b. Continue to develop the Mill Creek and Pack Creek Parkway system. c. Provide pedestrian -only routes (separate from motor traffic) to parks, schools and other destinations. d. Support school district efforts to promote and improve "Safe Routes to School". e. Work with the Utah Department of Transportation to promote pedestrian safety along US-191 highway corridor. GOAL 3: NON -MOTORIZED VEHICLES ➢ Promote a safe and connected network of bike routes throughout Moab. Policy 1: Provide a pleasant, safe bicycle experience and encourage bicycle -associated activities. CITY OF MOAB Agenda GENERAL PLAN Page 247 of 390 521Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Action Steps: a. Promote the Mill Creek and Pack Creek Parkway system as a throughway for commuting, fitness and recreation. b. Encourage bicycle -user accommodations such as bike racks, shared bike use, and maintenance stations in the commercial business district to facilitate active transportation. c. Encourage trail connectivity from new development to existing trail systems. d. Encourage trail connectivity to trails outside city limits. GOAL 4: MOTORIZED VEHICLES ➢ Provide an efficient, safe and well -maintained street system designed to meet current and future needs. Policy 1: Reduce traffic congestion and conflicts. Action Steps: a. Base future collector street development upon an updated Transportation Master Plan. b. Evaluate and upgrade streets based on a prioritized maintenance plan. c. Prevent obstruction of future rights -of -way identified on the Transportation Master Plan and consolidate utility and street rights -of -way where possible. d. Plan collector streets so they provide adequate access from residential neighborhoods to major arterials and other adjoining areas of concentration. e. Encourage efforts to provide a shuttle system serving downtown Moab and key tourism destinations and accommodations. f. Reduce speeding and other moving traffic violations on Moab's streets and highways. g. Provide central city parking to meet the need for larger commercial and RV parking. Policy 2: Work with other agencies to improve street design and address transportation needs. Action Steps: a. Coordinate with UDOT to balance state highway requirements and community needs. b. Explore funding options for street improvement and maintenance projects. c. Continue collaborating with Grand County on mutually beneficial road projects. CITY OF MOAB Agenda GENERAL PLAN Page 248 of 390 531Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** GOAL 5: SIDEWALKS AND STREETS ➢ Promote a creative approach to street and sidewalk design integrating various forms of travel and transportation. Policy 1: Require street design to accommodate as many forms of travel as is reasonably and safely possible. Action Steps: a. Encourage the installation of sidewalks, curbs and gutters in deficient areas to provide for safe pedestrian traffic, to clean and beautify public streets, and to ensure proper street drainage. b. Identify key opportunities for the development of creative street and sidewalk design for pedestrians, bicycles and vehicles. CITY OF MOAB Agenda GENERAL PLAN Page 249 of 390 541Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** ELEMENT 8: PUBLIC WORKS GOAL 1: GENERAL ➢ Provide safe, adequate, and cost-effective public works services to Moab residents, while closely monitoring growth and conserving natural resources. ********* GOAL 2: WATER SERVICES ➢ Preserve Moab's supply of high quality water for present and future generations through effective water management and conservation strategies. Policy 1: Adopt effective water management and conservation strategies. Action Steps: a. Engage in a cooperative regional effort to pursue development of a region -wide water study to assess water quantity. b. Protect water quality and avoid the contamination of ground and surface water systems by continuing to identify and manage potentially hazardous land uses. c. Preserve riparian corridors and wetlands as open space. d. Implement preventive maintenance of the existing water system to identify and address deficiencies before major failures occur. e. Maintain and prove up on existing water rights. f. Consider implementation of a secondary water system to provide irrigation to City lots. g. Promote water conservation techniques, including the conservation of water in irrigation practices, the use of water -conserving plants and planting methods in landscaping and agriculture. ********** GOAL 3: SEWER SERVICES ➢ Operate and maintain an efficient sewer system for conveyance of sewer flows per applicable standards. CITY OF MOAB Agenda GENERAL PLAN Page 250 of 390 551Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Policy 1: Encourage the most efficient use of the sewer collection system and upgrade deteriorated and inadequate sewer lines in coordination with Grand Water and Sewer Service Agency, Utah State University, School and Institutional Trust Lands Administration, Grand County and San Juan County. Action Steps: a. Consider impacts on existing and future services in agreements with the Grand Water and Sewer Service Agency. b. Plan for expansion and/or upgrade of the sewer system based on engineered estimates and the Capital Facilities Plan. ********* GOAL 4: WASTEWATER TREATMENT ➢ Maintain a high quality wastewater treatment facility that serves the needs of the community as well as meet federal and state effluent regulations. Policy 1: Analyze the condition and capacity of the current wastewater treatment facility and adopt plans to serve the future needs of the community as well as meet federal and state effluent regulations. Action Step: a. Pursue funding for design and construction of a new or upgraded wastewater treatment facility. b. Continue to consider alternative wastewater treatment systems to reduce infrastructure costs and promote environmental sustainability. ********* GOAL 5: STORMWATER ➢ Provide an adequate storm drainage system through expansion and upgrading of the existing system as provided in the stormwater drainage master plan and update. Policy 1: Explore adopting new technologies and design standards to facilitate the safe conveyance of stormwater. Action Steps: a. Incorporate the use of new stormwater management technologies into the construction design standards for streets, curbs and gutters. b. Encourage the retention of existing permeable surfaces in new development and greater use of natural and permeable materials. CITY OF MOAB Agenda GENERAL PLAN Page 251 of 390 561Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** c. Continue to collect the stormwater drainage fee to fund expansion and upgrades to the existing system. GOAL 6: SOLID WASTE FACILITIES ➢ Provide the most cost-effective and environmentally sustainable systems for the disposal, compost, reuse or recycling of solid waste. Policy 1: Work with Grand County, Solid Waste Special Service District, and private service providers for recycling and collection. Action Steps: a. Protect dump sites from hazardous waste contamination. b. Determine the most appropriate land use for the Moab landfill site after it is closed. c. Encourage recycling efforts in the community to reduce waste and extend the life of the landfill. d. Promote partnerships with local and regional organizations to encourage programs for recycling (plastics, aluminum, cardboard, etc.), composting (organic/biodegradable waste from homes and restaurants), and reuse (household goods, electronics) in Moab. e. Reduce solid waste generated by the City on all levels of operations where feasible and appropriate. ********* GOAL 7: PRIVATE UTILITIES ➢ Cooperate with private utilities to provide dependable, low cost, and efficient utilities for current and future Moab residents, while also preserving the visual integrity of the community. Policy 1: Encourage utilities to be placed underground and in existing rights -of -way where possible. Action Steps: a. Require the underground placement of utilities in new subdivisions. Policy 2: Encourage the aesthetic lighting of streets to ensure safety and reduce crime. Action Steps: a. Consider pedestrian scale lighting in walkable areas. b. Control the height and intensity of lighting appropriate to neighborhoods to reduce light pollution. CITY OF MOAB Agenda GENERAL PLAN Page 252 of 390 571Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** c. Encourage the use of LED and other energy -saving technology in City lights. Policy 3: Encourage the expanded availability of high speed internet throughout the community. Action Steps: a. Continue discussing with State of Utah, regional government agencies and private providers ways to increase available bandwidth in Moab. CITY OF MOAB Agenda GENERAL PLAN Page 253 of 390 581Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** ELEMENT 9: CIVIC SERVICES AND FACILITIES GOAL 1: MUNICIPAL PROPERTIES ➢ Provide for present needs and future growth including recreation, administration, utilities, and safety. Policy 1: Encourage the continued location of government agencies and service providers in the core area surrounding Moab City Center. Action Steps: a. Reconsider zoning requirements and allowances to facilitate the placement of government agencies and service providers near Moab City Center. Policy 2: Continue the ongoing purchase of land and the expansion of the Millcreek Parkway and other areas for flood protection, recreation and connectivity. Action Steps: a. Explore donations, grants and financing options to fund the ongoing purchase of land and rights -of -way. Policy 3: Maintain and improve the existing conditions of city -owned facilities. Action Steps: a. Develop a preventative maintenance plan for all city facilities. b. Continue to be a leader in the use of alternative energy sources and energy efficiency. c. Continue to regularly update the public facilities master plan. ********* GOAL 2: PEACEKEEPING AND LAW ENFORCEMENT ➢ Provide law enforcement and peacekeeping services for Moab's residents and visitors. Policy 1: Reduce crime rate, traffic violations and other infractions by encouraging voluntary compliance of laws, statutes and ordinances through educational programs and other available mechanisms. Action Steps: a. Utilize existing portable radar trailer to reduce speed. CITY OF MOAB Agenda GENERAL PLAN Page 254 of 390 591Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** b. Promote a better understanding of laws and statutes through marketing, education, and communications. c. Support City efforts to install traffic calming devices such as medians and street trees. Policy 2: Promote and improve public understanding of the law enforcement function. Action Steps: a. Increase visibility through the use of foot patrol and bike patrol in the downtown areas during appropriate seasons. b. Participate and be visible at community events and activities on duty and off duty as possible. Policy 3: Address law enforcement services based on the fluctuations of a tourist economy. Action Steps: a. Coordinate with local law enforcement to address the potential impacts of events and festivals. b. Monitor police and emergency medical services staffing levels for response capabilities during the visitor season and specific events. Policy 4: Actively promote prevention of drug use and drug -related crimes. Action Steps: a. Continue and expand partnership with the Grand County School District and the D.A.R.E program in all levels of education, K-12. b. Continue designation and enforcement of drug -free zones in accordance with state statutes. c. Continue partnership with the Grand County Drug Task Force. Policy 5: Improve the safety of children in schools. Action Steps: a. Actively continue alliance with the Safe Schools Coalition. b. Maintain visibility in and around schools. c. Continue the Bicycle Safety Program. d. Continue to support and staff School Crossing Guards. CITY OF MOAB Agenda GENERAL PLAN Page 255 of 390 601Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Policy 6: Improve the safety of neighborhoods. Action Steps: a. Routinely patrol Mill Creek Parkway and other high risk areas on foot and/or bicycle. b. Cooperate with Public Works to identify areas where traffic -calming devices would be appropriate. c. Improve and enhance animal control and animal shelter services d. Provide courses in self-defense and personal safety. e. Continue to offer classes in the hazards of drunk driving. ********** GOAL 3: HEALTH AND EMERGENCY SERVICES ➢ Continue to promote necessary health and safety services for the community. Policy 1: Continue to support county and other agencies' efforts to provide accessible, affordable and quality health care and safety services to the community. Action Steps: a. Maintain a City representative on health related boards and committees. Policy 2: Participate in county -wide emergency management efforts. Action Steps: a. Attend local emergency planning committee meetings. b. Participate and promote in emergency notification and alert programs. c. Update the Emergency Response Plan. d. Participate in updates of the Natural Hazards Pre -Disaster Mitigation Plan for the Southeastern Region of Utah. e. Work with all departments to improve Insurance Service Office (ISO) rating to reduce the cost of insurance coverage. f. Monitor and adjust service coverage to meet future needs. g. Continue to refine flood prevention enforcement to improve Moab's level in the Community Rating System (CRS) and reduce flood insurance premiums. Policy 3: Provide for the health, safety and well-being of the community with fire protection and other emergency medical services in conjunction with other agencies. CITY OF MOAB Agenda GENERAL PLAN Page 256 of 390 611Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Action Steps: a. Continue to provide law enforcement services for fire and other emergency events. b. Require adequate street connectivity and circulation for all new development so that police and fire personnel may respond to calls safely and efficiently. ********* GOAL 4: EDUCATION ➢ Encourage educational opportunities for Moab residents of all ages. Policy 1: Continue to support the expansion of Utah State University Moab. Action Steps: a. Contribute annually to a set -aside fund for construction of infrastructure and other improvements for the campus. b. Cooperate with Grand County, UDOT and other entities in addressing traffic and transportation demands for the new campus (vehicular/pedestrian). c. Continue the City's involvement with the USU advisory boards and committees. d. Engage in appropriate lobbying efforts to secure grant and other funding for development of the USU campus. e. Work with Utah State University, School and Institutional Trust Lands Administration (SITLA), and private developers to facilitate the construction of student and employee housing. Policy 2: Encourage close cooperation between Moab City and Grand School District. Action Steps: a. Support school district and social service intervention and prevention programs designed to reduce at risk behaviors and environments. b. Communicate and cooperate with Grand School District in school -based health and safety programs and law enforcement issues. c. Collaborate with school district on facilities planning. d. Continue to work under the existing interlocal agreement for recreation among the City, Grand School District and Grand County Recreation Special Services District. e. Continue to contribute resources and staff time to school district programs and activities. CITY OF MOAB Agenda GENERAL PLAN Page 257 of 390 621Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Policy 3: Encourage learning opportunities for children, youth and adults. Action Steps: a. Continue and expand community -based art and recreation programs through the Moab Arts and Recreation Center, Moab Recreation and Aquatic Center, and other city facilities. Policy 4: Support and encourage efforts to provide workforce education and technical training. Action Steps: a. Promote Utah State University's current technical education programs. b. Work with Utah State University to obtain funding for expanded technical education programs. CITY OF MOAB Agenda GENERAL PLAN Page 258 of 390 631Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Scoff M. Matheson VJellands Preserve Ja.Rsrl Ir 3i Zone Code Zone Name Agriculiuroi Total Acres ... A C-1 Cnrm ne ni el -Re Ad a nl:l4 7 C-2 Comme ro xi -Re sid a mil T 72 C-3 Central Commercial 160 C-4 General Cnmene ad al S71 . C-5 Nei ghhrnlrood CornrnCldul 5 FC-1 Flood Channel 126 k' I.1 4iJueuiel 26 ri, V. HiRV-1 Mnhile Hnme/RV Parks 34 •.I R-1 Rrsidrntd 0 7 � R-7 Resi d entd I?I 6RG r 11-3 Residen:J 0 201 um R-h Resi dentd I?I 3E2 161 7A-1 Residend -R3 ri al tutd0 S32 I RC ReuY. Commercial 31. 11 °JAR Sensihe A® fesate City of Moab General Plan Update Zoning LEGEND r � G2 G5 MHl11tV-1 Lima CitYLindts I' I' 1M G3 RC R-7 L=.=,i Future Annexation -G1 .. JG4-1-1 R.2 R-3 - 142 R-4 SAR R41 V / FC-1 CITY OF MOAB Agenda GENERAL PLAN Page 259 of 390 641Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** LEGEND City Limns Future Ann exellon - Paved Trail Din Trail i� Downiovm Core Fuure Residential D• DOVmtovm Influence owntown Peripheral l Future Land Use • Done Mlle Z nCe Zone Sensitive Area Resod ^ Existing or Potenllat Open Lands Trallh ea Park - Public Lands Complete Streets ��Enhenced Travel Agriculture Corridor Residential ▪ Institullanat Huh Civic * Future Ratan Commercial industrial Resort Commercial Mobile Home Flo odway City of Moab General Plan Update Z Future Land Use •-r.,... e.m-r4 Ar . N•. 1.91 xeC L'• Nv � d— tl 0 0.5 1 Miles CITY OF MOAB Agenda GENERAL PLAN Page 260 of 390 651Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Scott M. Matheson Wetlands Preserve City of Moab General Plan Update Current Buildout LEGEND City �m is II II Future Annexation Areas of Change Public Parcels Stable Schad Parcels Vacant Parks & Open Space CITY OF MOAB Agenda GENERAL PLAN Page 261 of 390 661Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** u ii � y 1! 11 t. II' to0•North 51 r 'f]c W.r/WW1 _ 509'60u11 Sti, `. irr7 City of Moak General Plan Update Built Environment LEGEND L r lay tim its - Bulloings Agriculture ChurohlCiuio Groups cam m Drell! Muni e t el - Fo dilly Open Space or Park School Resld enllal Industrial CITY OF MOAB Agenda GENERAL PLAN Page 262 of 390 671Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** City of Moab General Plan Update Public Lands LEGEND City Parks 3E1Er r City Lim its Flood Zones City of Moan Gran d County Arches N P BLM Manti-La Sal NF Nature Conservancy State of Utah Utah Div. Wldlitfe CITY OF MOAB Agenda GENERAL PLAN Page 263 of 390 681Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Future Annexation Boundary - General Plan Fee: ❑ 1,500 3,000 6,000 7 inch = 3,1.100 feel Lrgend o R-2 M� ®" MWRV-1 RA I �'4-_ - G1 O Gl " 1 1 CS L1 RC _r'� $4R l// FC•1 aaaa...�� County E■ Four. RnnoMon Baund,i ,r:340.m.tq ; Owaer.lsm Pa.cels CITY OF MOAB Agenda GENERAL PLAN Page 264 of 390 691Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** 400 Hortlxet. i r` Williams Way Kane Creek Blvd. q City of Moab Provisional Curb Ramp and Sidewalk Improvements N A 1 inch = 600 feet Legend Safe Routes to School Curb Ramps 0 Safe Routes to School Sidewalks Curb Ramp Improvements ■ Sidewalk impovements 1100 Soutil I 300 South St. CITY OF MOAB Agenda GENERAL PLAN Page 265 of 390 701Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** 3 5 7 s a a 1 O E us w111m sn 1.7 c.y. 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Ceder- Cs Muuu.n • 05 13 lake Stops © Maaa Info Camp • 05 f1121. Heslel•P6 W Me elo led d ereJt4.droutet Conde ©HaaWMr-SP t r Peru © Ukaary-DS �wa6 Pa tOfka- aleva.rcmarn.. kpeadi Sled • Ef ® Rmry We • le S... City Park - Ce pA i�1MlPllk G} A Star Ha-a5 6 ae Raul. yka Lan ••Y1Y1ara Disras lake Canna.. Route ® RV PaarCampprwna Fs. Park Or anu,Td19tfraur aad - C - uncle ✓ Er. - r ae - ❑n Raaoa ant WO halls ", Hgnwuy = Street ..m peed iraa ✓• Mee Pram Mane tits. Cm in Mat rrpe MwC brit. Cm 1 We arm MOW Mite. Con Samar tirary. 0 0.125 0.25.,...E k. 0.5 Wes 3 t RDA... Rd fir_ o I'l"'I Sundial Drive A .r0f,on S W ISida or If � ItiO _. 8 Re Siduak W Te . HxH eeanpo Joer . la SII Mir 4 ••L5 - V WI creek Dr. to M.rpty In. Le Garr Cane, DM Cty Park Steel Seeder Jeep in pate Peck Cr3e 8 US IP1 SIP Mearletelro .� &and.. Lank Panama. ...tat Duran,,.altuquerwe HSal14...Lan os P Heaa•rs a« . rr or eevenel I ,� , CITY OF MOAB Agenda GENERAL PLAN Page 266 of 390 711Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** APPENDIX B Utah Noxious Weed Act (R68-9) The following weeds are hereby officially designated and published as noxious for the State of Utah, as per the authority vested in the Commissioner of Agriculture and Food under Section 4-17-3: There are hereby designated five classes of noxious weeds in the state: Class lA (EDRR Watch List), Class 1 (EDRR), Class 2 (Control), Class 3 (Containment), and Class 4 (Prohibited for sale or propagation). Class 1A: Early Detection Rapid Response (EDRR) Watch List Declared noxious and invasive weeds not native to the state of Utah and not known to exist in the State that pose a serious threat to the state and should be considered as a very high priority. Common crupina - Crupina vulgaris African rue - Peganum harmala Small bugloss - Anchusa arvensis Mediterranean sage - Salvia aethiopis Spring millet - Milium vernale Syrian beancaper - Zygophyllum fabago Ventenata (North Africa grass) - Ventenata dubia Plumeless thistle - Carduus acanthoides Malta starthistle - Centaurea melitensis Class 1B: Early Detection Rapid Response (EDRR) Declared noxious and invasive weeds not native to the State of Utah that are known to exist in the state in very limited populations and pose a serious threat to the state and should be considered as a very high priority. Camelthorn - Alhagi maurorum Garlic mustard - Alliaria petiolata Purple starthistle - Centaurea calcitrapa Goatsrue - Galega officinalis African mustard - Brassica tournefortii Giant reed - Arundo donax Japanese knotweed - Polygonum cuspidatum Blueweed (Vipers bugloss) - Echium vulgare Elongated mustard - Brassica elongata Common St. Johnswort - Hypericum perforatum Oxeye daisy - Leucanthemum vulgare Cutleaf vipergrass - Scorzonera laciniata Class 2: Control Declared noxious and invasive weeds not native to the state of Utah, that pose a threat to the state and should be considered a high priority for control. Weeds listed in the control list are known to exist in varying populations throughout the state. The concentration of these weeds is at a level where control or eradication may be possible. Leafy spurge - Euphorbia esula Medusahead - Taeniatherum caput-medusae CITY OF MOAB Agenda GENERAL PLAN Page 267 of 390 721Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Rush skeletonweed - Chondrilla juncea Spotted knapweed - Centaurea stoebe Purple loosestrife - Lythrum salicaria Squarrose knapweed - Centaurea virgata Dyers woad - Isatis tinctoria Yellow starthistle - Centaurea solstitialis Yellow toadflax - Linaria vulgaris Diffuse knapweed - Centaurea diffusa Black henbane - Hyoscyamus niger Dalmation toadflax - Linaria dalmatica Class 3: Containment Declared noxious and invasive weeds not native to the State of Utah that are widely spread. Weeds listed in the containment noxious weeds list are known to exist in various populations throughout the state. Weed control efforts may be directed at reducing or eliminating new or expanding weed populations. Known and established weed populations, as determined by the weed control authority, may be managed by any approved weed control methodology, as determined by the weed control authority. These weeds pose a threat to the agricultural industry and agricultural products. Russian knapweed - Acroptilon repens Houndstounge - Cynoglossum officianale Perennial pepperweed (Tall whitetop) - Lepidium latifolium Phragmites (Common reed) - Phragmites australis ssp. Tamarisk (Saltcedar) - Tamarix ramosissima Hoary cress - Cardaria spp. Canada thistle - Cirsium arvense Poison hemlock - Conium maculatum Musk thistle - Carduus nutans Quackgrass - Elymus repens Jointed goatgrass - Aegilops cylindrica Bermudagrass* - Cynodon dactylon Perennial Sorghum spp.: Johnson Grass (Sorghum halepense) and Sorghum almum (Sorghum almum). Scotch thistle (Cotton thistle) - Onopordum acanthium Field bindweed (Wild Morning-glory) - Convolvulus spp. Puncturevine (Goathead) - Tribulus terrestris *Bermudagrass (Cynodon dactylon) shall not be a noxious weed in Washington County and shall not be subject to provisions of the Utah Noxious Weed Law within the boundaries of that county. It shall be a noxious weed throughout all other areas of the State of Utah and shall be subject to the laws therein. Class 4: Prohibited Declared noxious and invasive weeds, not native to the state of Utah, that pose a threat to the state through the retail sale or propagation in the nursery and greenhouse industry. Prohibited noxious weeds are annual, biennial, or perennial plants that the commissioner designates as having the potential or are known to be detrimental to human or animal health, the environment, public roads, crops, or other property. Cogongrass (Japanese blood grass) - Imperata cylindrica Myrtle spurge - Euphorbia myrsinites Dames Rocket - Hesperis matronalis Scotch broom - Cytisus scoparius Russian olive - Elaeagnus angustifolia CITY OF MOAB Agenda GENERAL PLAN Page 268 of 390 731Page 8-2 Old Business ***DRAFT GENERAL PLAN UPDATE *** Each county in Utah may have different priorities regarding specific State designated Noxious Weeds and is therefore able to reprioritize these weeds for their own needs. The Weed Specialist coordinates weed control activities among the county weed organizations and the agricultural field representatives. Surveys of serious weed infestations are conducted and control programs are developed through the county supervisors, county weed boards, and various landowning agencies. The weed specialist and the inspectors work continually with extension and research personnel in encouraging the use of the most effective methods to control the more serious weeds. CITY OF MOAB Agenda GENERAL PLAN Page 269 of 390 741Page 8-2 Old Business Agenda Summary Sheet Council Meeting Date: April 25, 2017 #: 8-3 Title: Improvements Agreement for Hyatt Place Hotel Fiscal Impact: None Staff Presenter(s): Jeff Reinhart, David Everitt Department: Administration Applicant: N/A Background/Summary: Click here to enter text. The City received a commercial site plan application from Mike Bynum and Mike Hogan in 2015 for property located in the C-4 Zone at 890 North Main Street. The proposal is to construct a three-story, 118 room hotel (approximately 74,160 square feet in size), a pool and the required 121 space parking area and landscaping. The property consists of 5.23 acres. On February 9, 2017, the Planning Commission conditionally approved the site plan for the project with a condition that states: 1. Prior to the issuance of a building permit, the Applicant must execute a Development Improvement Agreement with the City of Moab defining all public improvements including curb, gutter, sidewalk, asphalt paving, water, sanitary sewer, and drainage improvements required with the project, and provide the appropriate performance and warranty guarantee amounts for those improvements. The Development Improvement Agreement must also address the cost sharing contributions required by the City and by the Applicant for the construction of the Pressure Reducing Valve (PRV) required with the project. Options: Approve, deny, or modify. Agenda Page 270 of 390 8-3 Old Business Staff Recommendation: Staff recommends that Council adopt Resolution #25-2017 and approve the agreement between Kayenta Group, LLC and the City. Recommended Motion: I move to adopt Resolution #25-2017 to approve the Improvements Agreement between the City and Kayenta Group, LLC, and direct the mayor to sign the agreement. Attachment(s): - Proposed resolution. - Draft Improvements Agreement. Agenda Page 271 of 390 8-3 Old Business CITY OF MOAB RESOLUTION #25-2017 A RESOLUTION APPROVING THE IMPROVEMENTS AGREEMENT FOR HYATT PLACE ON PROPERTY LOCATED AT 890 NORTH MAIN STREET IN THE C-4 ZONE WHEREAS, Mr. Mike Bynum of Business Resolutions and Mr. Mike Hogan, Hogan and Associates Construction with offices at 940 N 1250 W, Centerville, UT 84014, acting on behalf of Kayenta Group (Chinle, LLC), with offices located at 50 West 100 South, Moab, Utah 84532, and being the owner of record of a 5.23 acre parcel of land located in the C-4 General Commercial Zone at 890 North Main Street, Moab, Utah, received Planning Commission approval of a commercial site plan for the property; and WHEREAS, Owner is proposing to construct a three-story, 118 room hotel that is approximately 74,160 square feet in size, a pool, the required 121 space parking area, overflow parking and landscaping as proposed on the submitted drawings, plans and specifications; and WHEREAS, the proposed uses are allowed in the C-4 as listed in Moab Municipal Code (MMC) Chapter 17.27.020, Use Regulations, for the C-4 General Commercial Zone; and WHEREAS, Owner through its representatives, provided the City of Moab with the necessary documents, plans and drawings to complete the application for review of the commercial site plan as required in Code Chapter 17.09.660 and other pertinent code sections; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed and conditionally approved the development in a regularly scheduled public meeting for compliance with the requirements of applicable MMC chapters on July 24, 2016 and again on February 9, 2017; and WHEREAS, the City of Moab Engineering and Public Works Departments, through a review of the submitted site plan for the development of said property, determined that required public improvements needed to be constructed for the project; and prior to the issuance of a building permit, the Applicant must execute a Development Improvements Agreement with the City of Moab for those improvements; and WHEREAS, Owner furnished cost estimates for public improvements and agrees to construct the improvements as attached to the Development Improvements Agreement as "Required Improvements". Agenda Page 272 of 390 8-3 Old Business NOW, THEREFORE, be it resolved by the Moab City Council, with the adoption of Resolution #25-2017, hereby approves the submitted Improvements Agreement (attached) for the Hyatt Place Project at 890 North Main Street and the Council directs the Mayor to sign the Agreement. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on April 25, 2017. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Agenda Page 273 of 390 8-3 Old Business When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 DEVELOPMENT IMPROVEMENTS AGREEMENT FOR For HYATT PLACE HOTEL For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and Kayenta Group, LLC, a Utah limited liability company (Developer), enter into the following Development Improvements Agreement (the Agreement), pursuant to Moab Municipal Code (MMC) Sections 17.09.660, et seq. to govern the development of the subject property and the installation of development improvements required by City Code. I. RECITALS. a. The Planning Commission recommended approval of the Hyatt Place site plan application on February 9, 2017. b. Developer has submitted to the City for review the construction plans and specifications attached as Exhibit 1. II. AGREEMENT THE PARTIES AGREE AS FOLLOWS: 1. Covered Property. The recitals above are incorporated into this Agreement. The real property in the County of Grand, State of Utah, subject to this Agreement (the Property) is described as follows: See Exhibit 2, commonly known as 890 North Main Street, Moab, Utah, Tax Parcel No. 01-036-0020. 2. Payment of Fees; Approved Land Uses. Developer agrees to pay all in -effect City fees applicable to the Development, including but not limited to, impact fees, connection fees, building permit fees, and applicable inspection fees. Applicable fees shall be calculated and paid at the time of connection or the time when the service is performed. a). The uses permitted in the Development shall correspond with the uses authorized for the C-4 Zone under the Moab Municipal Code and shall include a hotel and those related improvements as shown on the Agenda Page 274 of 390 8-3 Old Business Hyatt Place DIA Page 2 of 9 Construction Plans, Exhibit 1 attached, but excluding any uses designated for future phases. 3. Required Improvements; City Cost Share. Developer shall construct all of the improvements on and adjacent to the Property shown in the Site Plan and Construction Plans in Exhibit 1 (the Required Improvements). Required Improvements shall include the public improvements shown on the Construction Plans, as well as all other improvements shown on the Construction Plans, or as needed for the lawful use and occupancy of the Property under applicable building codes. a). With respect to the culinary water lines to be constructed as shown on Exhibit 1, the parties agree that Developer shall install all necessary water lines and fittings extending to the North boundary of the Property, including off -site improvements south of the Property. If, upon final design review or completion of construction, it is determined that the Property may have insufficient water pressure for fire flow or the needs of the development (as required by applicable building codes), then the Developer will pay for and install the necessary water line extension northwest (generally) of the Property to the junction with the existing City water lines, as depicted on Exhibit 1, page 5, attached. In that event the City will reimburse the Developer for any system -wide improvements, which may include the reasonable cost for a Pressure Reducing Valve (PRV) and the associated PRV equipment. b). It is agreed that the extension of the ten inch (10") culinary water line southward from Property is necessary to serve the Development, but that this extension may provide infrastructure benefits to other properties in the vicinity which may develop in the future. The parties agree to negotiate a future cost reimbursement agreement in which the City will require that owners of properties south of the Property will, as a development condition, reimburse the Developer for a reasonable portion of the water line construction costs when or if those other properties develop. Under that agreement the City will in no way guarantee that Developer will be fully reimbursed, but it will create a mechanism for such payments if benefitted properties develop within a reasonable time. The terms of that agreement will be negotiated no later than ONE HUNDRED EIGHTY (180) days from the Effective Date of this Agreement. 4. Improvements to be Completed in Conformance with Construction Plans. All Required Improvements shall be constructed in a workmanlike manner and in conformity with the approved Construction Plans. No deviations from the Construction Plans shall be permitted, except as authorized in writing by the City Engineer upon a showing of good cause. In addition, all Required Improvements shall be completed in conformance with the City of Moab Public Improvement Specifications, building codes, and all state and Agenda Page 275 of 390 8-3 Old Business Hyatt Place DIA Page 3 of 9 federal regulations, as applicable. 5. Timeline for Completion. Construction of the Required Improvements shall not commence until the Effective Date of this Agreement. Construction of all Required Improvements shall be completed no later than three hundred sixty five (365) days from the Effective Date of this Agreement. a). A reasonable extension of time for the completion of the Required Improvements may be granted, at the discretion of the City Council, upon a showing by the Developer that there is good cause for an extension and that the work has been diligently prosecuted from the Effective Date of this Agreement. Without limiting this provision, good cause may include an extension of time due to the need to complete building construction prior to the completion of curbing, sidewalks, or landscaping, or as otherwise needed to provide for orderly construction and avoid damage to improvements in the course of other construction. b). If the construction of the Required Improvements is not completed and accepted within the timelines specified herein, or as lawfully extended, then the Site Plan and all development approvals shall be deemed lapsed and shall have no further effect. 6. Occupancy. No Certificate of Occupancy will be issued, and no occupancy shall be commence, until such time as: i) all of the Required Improvements are completed in accordance with this Agreement and Public Improvements are accepted by the City; and ii) all other performance required by this Agreement have been completed. 7. Acceptance of Improvements, Warranty, Release Provisions. All of the Public Improvements be subject to quality assurance testing and inspection as specified in the Construction Plans and/or applicable reference standards. Developer or its authorized representative shall provide not less than forty eight (48) hours minimum notification to City when inspection is required. The costs associated with such testing and inspection shall be the responsibility of Developer. Any work which is rejected following inspection must be repaired or replaced at the sole cost of the Developer. Any work which is covered up prior to inspection may be rejected, in which case Developer shall be solely responsible for exposing the work and arranging for inspection. a). The acceptance by the City of the Public Improvements following completion and satisfactory inspection shall constitute a dedication and conveyance by the Developer to the City of all such improvements. Developer shall convey all public improvements to the City free and clear of any mechanic liens, claims, or other encumbrances. Agenda Page 276 of 390 8-3 Old Business Hyatt Place DIA Page 4 of 9 b). Developer warrants that all Public Improvements dedicated to the City shall be constructed of new materials, in a workmanlike manner, in accordance with approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City. Developer shall promptly repair or replace any defective work following receipt of written notice under this warranty from the City. c). To partially secure this obligation, Developer shall deposit with the City the sum of NINETY NINE THOUSAND SEVEN HUNDRED SEVENTY ONE DOLLARS ($99,771.00), which sum is equal to ten percent (10%) of the construction cost, as described in Exhibit 1, for Public Improvements (the Warranty Deposit). The Warranty Deposit shall be held by the City in a non -interest bearing account, unless otherwise agreed in writing. d). The Warranty Deposit shall be paid by the Developer before issuance of a building permit. In the absence of any unperformed warranty claims, the City shall refund the Warranty Deposit to Developer upon expiration of the warranty period for the subject improvements. e). Upon expiration of the warranty period the Developer may request refund of the Warranty Deposit in writing. The City Engineer and/or Public Works Director will review the request and promptly determine whether there are any unperformed warranty claims pertaining to this Agreement. Upon receipt of written verification from the City Engineer and/or Public Works Director as to the absence of any unperformed warranty claims, the City Treasurer shall promptly refund the Warranty Deposit to Developer. f). In the event of any default following delivery of written notice to Developer with respect to Developer's warranty obligations, the City may elect to draw upon the warranty deposit to cure, in whole or in part, any breach of warranty. This remedy may be combined or utilized in conjunction with any other remedies, in the sole discretion of the City. g). Developer additionally warrants that all public improvements shall be delivered free and clear of any mechanic liens or other encumbrances. The City may require receipt of executed mechanic lien releases as a condition precedent to dedication of the public improvements. 8. Zoning Compliance; Permits. Certificates of occupancy for structures on the Property shall only be issued upon satisfactory completion and acceptance of all Required Improvements. Agenda Page 277 of 390 8-3 Old Business Hyatt Place DIA Page 5 of 9 9 Default, Remedies, Lapse of Plat/Plan. All provisions of this Agreement are material and any violation is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement the City shall deliver written notice to the Developer describing the act, event, or omission constituting a default, and allowing Developer a period of thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. a). Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: i) proceeding against the Warranty Deposit; ii). withholding building permits, certificates of occupancy, or certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations or breaches of this Agreement; iv) recording an Affidavit of Lapse of Site Plan, in whole or in part; v) commencing an action for damages —including damages for costs incurred in completing, repairing, or replacing Required Improvements or abating any violations; and/or vi) any other remedies available at law or equity, including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. b). The recording of an Affidavit of Lapse of Site Plan by the City shall result in the lapse of all prior land use approvals and the voiding of the Site Plan as to the Property. 10. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Developer in the ownership or development of all or any portion of the Property. Assignment of this Agreement shall require the mutual approval of the City and the proposed assignee, in writing. a). This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. b). Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. c). The term "Agreement" includes this Improvements Agreement, all exhibits hereto, the Final Plat/Plan for the Subdivision, and all phases thereof, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supersede all prior Agreements or representations, however evidenced. No modification to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. Agenda Page 278 of 390 8-3 Old Business j)• Hyatt Place DIA Page 6 of 9 d). The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties agree that the exclusive venue shall be the Seventh Judicial District Court, Grand County, Utah. In any such proceedings arising under this Agreement, regardless of the denomination of the legal claims, the parties waive trial to a jury on all claims and agree that the action shall be decided by the court sitting without a jury. e). In any legal proceeding arising from this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. f). This Agreement shall be governed by Utah law. g). This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; i. the Project is a private development; ii. the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless/until the City accepts dedication of public improvements pursuant to this Agreement; and iii. except as otherwise provided herein, Developer shall have full power and exclusive control of the Property. h). The provisions of this Agreement are severable, and if any portion should be held to be invalid or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. i). In the event of any legal dispute arising from this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, or by hand delivery or delivery by a reputable courier, and sent to the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To Developer: Kayenta Group, LLC 50 West 100 South Agenda Page 279 of 390 8-3 Old Business Hyatt Place DIA Page 7 of 9 Moab, UT 84532 Attn: Mike Bynum k). Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. A notice sent by mail shall be deemed delivered no later than three (3) days from the date that it is mailed. I). Nothing in this Agreement shall be deemed to waive any governmental or other immunity to which the City is entitled under law. 11. Indemnity. Developer shall indemnify and hold the City harmless with respect to any third party claims, including claims for property damage, injury, or death, and any demands, liabilities, causes of action, costs, or damages, including reasonable attorney's fees, that may arise from any act or omission of the Developer, its members, managers, employees, agents, or contractors in connection with the development of the Subdivision and/or the performance of this Agreement. 12. Future Legislative Power. Nothing in this Agreement shall be construed to impair or limit the future legislative power or zoning authority of the City. 13. Grading. All grading and soil disturbance undertaken in the development of the Subdivision shall be performed in conformity with Appendix J of the International Building Code (IBC) as adopted by the City and the terms of any permit issued under the City's Hillside Development Ordinance. 14. Effective Date. The effective date of this Agreement is the date when it is signed by all Parties and the Council has approved the final plan of the Subdivision. 15. Recording/Release of Agreement. This Agreement constitutes an obligation binding upon, and running with, the subject real Property. This Agreement shall be recorded in the Grand County land records. Upon request of the Subdivider and verification by the City that all terms and conditions of this Agreement have been performed in full, the City shall promptly execute a release of this Agreement, which may be recorded at the discretion of the Subdivider. 16. Counterparts. This Agreement may be executed in separate original counterparts which, when combined, shall constitute the entire Agreement. Exhibits: 1. Site Plan, Cost Estimates, and Construction Drawings; Agenda 8-3 Old Business Hyatt Place DIA Page 8 of 9 2. Property legal description. This Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by Developer as of the date(s) specified below. CITY OF MOAB: Mayor David L. Sakrison Date ATTEST: Rachel Stenta City Recorder DEVELOPER: Kayenta Group, LLC Name: Michael H. Bynum, Man STATE OF UTAH )ss. COUNTY OF GRAND Date Date The foregoing agreement was executed before me by Kayenta Group, LLC, acting by and through Michael H. Bynum, its Manager, this f g'4-!'day of Opel I , 2017. Witness my hand and official seal. My commission expires: JAN11/may 10 2aZj . IUZABETM DANA Notary Public State of With My Commission Expires on: January 10, 2021 Comm. Number: 692859 NotaPublic, State of Utah Agenda Page 281 of 390 8-3 Old Business Hyatt Place DIA Page 9 of 9 Address: STATE OF UTAH COUNTY OF GRAND The foregoing agreement was executed before me by the CITY OF MOAB by and through Mayor David Sakrison and Rachel Stenta, Recorder, this day of , 2017. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: -End of Document - Agenda Page 282 of 390 8-3 Old Business Agenda Summary Sheet Council Meeting Date: April 25, 2017 #: 9-1 Title: Municipal Wastewater Planning Program Resolution Fiscal Impact: None Staff Presenter(s): Patrick Dean Department: Public Works Applicant: N/A Background/Summary: This is a request to enter into a resolution for the review of the Municipal Wastewater Planning Program Resolution. This is information provided through a Self -Assessment Report to inform the Water Quality Board of actions taken to maintain effluent requirement contained in the UPDES Permit Options: Approve, deny, or modify. Staff Recommendation: Approve. Recommended Motion: Move to approve the resolution adopting the Municipal Wastewater Planning Program Resolution. Attachments): - Proposed resolution. Agenda Page 283 of 390 9-1 New Business Resolution #??-2016 A RESOLUTION APPROVING A MUNICIPAL WASTEWATER PLANNING PROGRAM RESOLVED that MOAB informs the Water Quality Board of the following actions taken by the Moab City Council. 1. Reviewed the attached Municipal Wastewater Planning Program Repot for 2016 2. Have taken all appropriate action necessary to maintain effluent requirements contained in the UPDES (Utah Pollutant Discharge Elimination System) Permit. NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE RESOLUTION IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID MUNICIPAL WASTEWATER PLANNING PROGRAM. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 25;h day of April, 2016. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution 0 -2016 Page 1 of 1 Agenda Page 284 of 390 9-1 New Business STATE OF UTAH MUNICIPAL WASTEWATER PLANNING PROGRAM SELF -ASSESSMENT REPORT FOR MOAB 2016 AQUTAH DEPARTMENT of ENVIRONMENTAL QUALITY WATER QUALITY Agenda Page 285 of 390 9-1 New Business Municipal Wastewater Planning Program (IU WPP) Financial Evaluation Section for 2016 Owner Name: MOAB Name and Title of Contact Person: / -T2 cif 6t.4ti.% Phone: E-mail: Paou c' tf--4'eK 5 Dietz:e 4 - Z&O - 7L I cf Pb 4 AJ e 42z-7. SUBMIT BY APRIL 15, 2017 Electronic submission: http:lldeq.Utah.gov/ProgramsServices/services/submissions/index.htm or Mail to: MWPP - Department of Environmental Quality Division of Water Quality 195 North 1950 West P.O. Box 144870 Salt Lake City, Utah 84114-4870 Phone: (801) 535-4300 Agenda Page 286 of 390 Page i 9-1 New Business NOTE: This questionnaire has been compiled for your benefit by a state sponsored task force comprised of representatives of local government and service districts. It is designed to assist you in making an evaluation of your wastewater system and financial planning. if you received financial assistance from the Water Quality Board, annual submission of this report is a condition of that assistance. Please answer questions as accurately as possible to give you the best evaluation of your facility. If you need assistance please call John Mackey, Utah Division of Water Quality: poi) 536-4300. I. Definitions: The following terms and definitions may help you complete the worksheets and questionnaire: User Charge (UC) - A fee established for one or more class(es) of users of the wastewater collection and treatment facilities that generate revenues to pay for costs of the system. Operation and Maintenance Expense - Expenditures incurred for materials, labor, utilities, and other items necessary for managing and maintaining the facility to achieve or maintain the capacity and performance for which it was designed and constructed. Repair and Replacement Cost - Expenditures incurred during the useful life of the treatment works for obtaining and installing equipment, accessories, and/or appurtenances necessary to maintain the existing capacity and the performance for which the facility was designed and constructed. Capital Needs - Cost to construct, upgrade or improve the facility. Capital Improvement Reserve Account - A reserve established to accumulate funds for construction and/or replacement of treatment facilities, collection lines or other capital improvement needs. Reserve for Debt Service - A reserve for bond repayment as may be defined in accordance with terms of a bond indenture. Current Debt Service - Interest and principal costs for debt payable this year. Repair and Replacement Sinking Fund - A fund to accumulate funds for repairs and maintenance to fixed assets not normally included in operation expenses and for replacement costs (defined above). Agenda Page 287 of 390 Page 2 9-1 New Business Part 1: OPERATION AND MAINTENANCE Complete the following table: 'Question ----_ _ _ -_- 'Points Eatried Tarsi Are revenues sufficient to cover operation, maintenance, and repair & replacement (OM&R) costs at this lime? YES = 0 points NO = 25 points C.i Are the projected revenues sufficient to cover operation, maintenance, and repair & replacement (OM&R) costs for the next five years? YES = 0 points NO = 25 points Does the facility have sufficient staff to ensure proper OM&R? { YES = 0 points NO = 25 points _ f~ Has a dedicated sinking fund been established to provide for repair & replacement costs? YES = 0 points NO = 25 points I L� Is the repair & replacement sinking fund adequate to meet anticipated needs? ` YES = 0 points NO = 25 points 0 What was the average User Charge fee for 2016? $ 7.2, at', month Complete the following table: TOTAL PART 1= 0 Part I1: CAPITAL IMPROVEMENTS Question Points Earned To'fi1 Are present revenues collected sufficient to cover all costs and provide funding for capital improvements? YES = 0 points NO = 25 points , Are projected funding sources sufficient to cover all projected capital improvement costs for the next next five years? YES = 0 points NO = 25 points (2 Are projected funding sources sufficient to cover all projected capital improvement costs for the next next ten. years? YES -- 0 points NO = 25 paints Are projected funding sources sufficient to cover ail projected capital improvement costs for the next next twenty years? YES = 0 points NO = 25 points 0 Has a dedicated sinking fund been established to provide for°future capital improvements? YES = 0 points NO = 25 points 0 TOTAL PART II = Agenda Page 288 of 390 Page 3 9-1 New Business Part III: GENERAL QUESTIONS Complete the following table: Question points Earned Total Is the wastewater treatment fund a separate enterprise fund/account or district? YES = 0 points NO = 25 points 0 Are you collecting 95% or more of your sewer billings? YES = 0 points NO = 25 points 0 �- Is there a review, at least annually, of user fees? YES = 0 paints NO = 25 points (-2 . Are bond reserve requirements being met if applicable? YES = 0 points NO = 25 points TOTAL PART III = (� Part IV: PROJECTED NEEDS Estimate as best you can the following: Cost of projected capital imprevvments (in thousands) 2017 2018 2019 2020 2021 ' 'S, m,,. 1 1 , 1 ,A iL 1. I i4 1, Z O`` j , 3 k% • Point Summation Fill in the point totals from Parts I through III in the blanks provided in the Points column. Add the numbers to determine the MWPP point total that reflects your present financial position for meeting your wastewater needs. Part Points. 0 I C.3 III 0 Total 0 Agenda Page 289 of 390 Page 4 9-1 New Business Municipal Wastewater Planning Program (MWPP) Collection System Section Owner Name: MOAB Name and Title of Contact Person: -1?1;ie/C7. Phone: 435- - 2 /cC:— 7 ee- Icy E-mail: !� ofr4k1 e McA13erry, , SUBMIT BY APRIL 15, 2017 Electronic submission: http://deq.utah.gov/ProgramsServices/serviceslsubmissions/index.htm or Mail to: MWPP - Department of Environmental Quality Division of Water Quality 195 North 1950 West P.O. Box 144870 Salt Lake City, Utah 84114-4870 Phone: (801) 536-4300 Form completed by: May Receive Continuing Education Units (CEUs) Page 1 Agenda Page 290 of 390 9-1 New Business A. B. Part I: SYSTEM! AGE What year was your collection system first constructed (approximately)? Year /940 What is the oldest part of your present system? Oldest part '7 7 years A. Please complete the following table: Question How many days last year was there a bypass, overflow or basement flooding by untreated wastewater in the system due to rain or snowmelt? How many days last year was there a bypass, overflow or basement flooding by untreated wastewater due to equipment failure? (except plugged laterals) Part I!: BYPASSES Number Points Eamed Total Points 0 times = 0 points 1 time = 5 points 2 times = 10 points 3 times = 15 points 4 times = 20 points 5 or more = 25 points 0 times = 0 points 1 time = 5 points 2 times = 10 points 3 times = 15 points 4 times = 20 points 5 or more = 25 points TOTAL PART !I = B. The Utah Sewer Management Program defines two classes of sanitary sewer overflows (SSOs). Below include the number of SSOs that occurred in 2016. Class 9- a Significant SSO means a SSO or backup that is not caused by a private lateral obstruction or problem that: (a) affects more than five private structures; (b) affects one or more public, commercial or industrial structure(s), (c) may result in a public health risk to the general public; (d) has a spill volume that exceeds 5,000 gallons, excluding those in single private structures; or (e) discharges to Waters of the state. Page 2 Agenda Page 291 of 390 9-1 New Business Part II: BYPASSES (coat.) Class 2 — a Non -Significant SSO means a SSO or backup that is not caused by a private lateral obstruction or problem that does not meet the Class 1 SSO criteria. Number of Class 1 SSOs in Calendar year 2016 C� Number of Class 2 SSOs in Calendar year 2016 I C. Please indicate what caused the SSO(s) in B. If needed attach the additional information to this report. 7-i-IceeE INA4 CLCei I n! TPE I�orokp/LCAI r-c'� -n4 e AraeC4-i WA-y f-to-rE L, Palo Arc 5 ys r Ems(. 7�I E WAS 12t-,0AJ E+a ,-1"Toe Sy r-E t v145 (111- Lr ti1. D. Please specify whether the SSOs were caused by contract or tributary community, etc. s 1/(1-4, ,4 Pe►04r6 Lr Fr/ Pa p , fr Anon" - ArCL. Agenda Page 292 of 390 Page 3 9-1 New Business Part 111: NEW DEVELOPMENT A. Please complete the following table: Question Has an industry or other development moved into the community or expanded production in the past two years, such that either flow or wastewater loadings to the sewerage system were significantly increased (10 - 20%)? Are there any major new developments (industrial, commercial, or residential) anticipated in the next 2 - 3 years, such that either flow or BOD$ loadings to the sewerage system could significantly increase (25%)? No = 0 points Yes = 10 points No = 0 points Yes = 10 points TOTAL PART III = C� f Ci 10 Part 111: NEW DEVELOPMENT (cont.) B. Approximate number of new residential sewer connections in the last year new residential connections C. Approximate number of new commercial/industrial connections in the last year 4- new commercial/industrial connections D. Approximate number of new population serviced in the last year new people served E. Total number of effective residential connections (ERC) served 4 7Cf total ERC served Page 4 Agenda Page 293 of 390 9-1 New Business Part IV: OPERATOR CERTIFICATION A. How many collection system operators are currently employed by your facility? collection system operators employed B. You are required to have the chief direct responsible charge (DRC) operator(s) certified at COLLECTION II. What is the current grade of the collection DRC operator(s)? JJE C. What is/are the name(s) of your wastewater treatment DRC operator(s)? 6I3 E 774-i r,4,- �o (Day M Eslti! 5 S/sAt,IE D. State of Utah Administrative Rules requires all operators, of public systems, considered to be in DRC to be appropriately certified. List all the operators in your system by their certification class. Attach additional pages if necessary. Not Certified l Small Lagoons Collection I Collection II 2. Collection ill Collection IV Agenda Page 294 of 390 Page 5 9-1 New Business Part IV: OPERATOR CERTIFICATION (cont.) P. Please complete the following table: Quart on Points Earned Is/are your DRC operator(s) currently certified at the appropriate grade for this facility? (see C) How many continuing education units has each of the DRC operator(s) completed over the last 3 years? A. Please complete the following table: Yes = 0 points No = 50 points 3 or more = 0 points less than 3 = 10 points TOTAL PART IV = 'dotal Points r Part V: FACILITY MAINTENANCE Do you follow an annual preventative maintenance program? Do you have a written emergency response plan? Point,5 Earne Yes = 0 points No = 30 points Yes = 0 points No = 20 points Yes = 0 points No = 20 points Yes = 0 points No = 20 points Yes = 0 points No = 20 points TOTAL PART V = L L� 2,0 '2, Agenda Page 295 of 390 Page G 9-1 New Business Part VI: SSMP EVALUATION A. Has your system completed its Sewer System Management Plan (SSMP)? No Yes 7( B. If the SSMP has been completed, has the SSMP been public noticed? No Yes (include date of public notice) PP- 90' C. Has the SSMP been approved by the permittee's governing body at a public meeting? No Yes ){ D. During the annual assessment of the SSMP, were any adjustments needed based on the performance of the plan? No � Yes If yes, what components of the plan were changed (i.e. line cleaning, CCTV inspections and manhole inspections and/or SSO events)? E. During 2016 was any part of the SSMP audited as part of the five year audit? No ►� Yes _ If yes, what part of the SSMP was audited and were changes made to the SSMP as a result of the audit? F. Has your system completed its System Evaluation and Capacity Assurance Plan (SECAP) as defined by the Utah Sewer Management Program? No Yes The following are dates that the SSMP and SECAP are required to be completed, based on population. The SSMP and SECAP must be public noticed and approved by the permittee's governing body in order to be considered complete. Requirement Population Less than 2,000 2,000 - 3,500 3,501 — 15,000 15,001 — 50,000 More than 50,000 Completion of SSMP March 31, 2016 March 31, 2016 September 30, 2016 March 31, 2016 September 30, 2016 Completion of SECAP Optional September 30, 2017 _ September 30, 2016 March 31, 2016 September 30, 2016 Agenda Page 296 of 390 Page 7 9-1 New Business Air F4tz 11�IE'�� lA�ilr?LL fl rSC,ei.ve Pa01P/It_16 is/r1/acl.s DCS76Y1t./. D P IVY lc/ e"/ C 1'-E.4SE__ Tit 0 5 Part VII: SUBJECTIVE EVALUATION This section should be completed with the system operators. A. Describe the physical condition of the sewer collection system: (lift stations, etc. included) (�C1� L cLC.,,ccr//D,c/ /5 /a ache/ccr ly5/6-/-L_ (70,,/l for,c-/. WE_ tiii=ef.:3 4,1_/6 be/c,e./e/A/4 A S C 1,(�/ ,C. /t/I 4 -57—t: 14644 / V A/ 1/V L L •L DE.J1 F--7 /2L-w,LE /47264i /1,00 Actmie .4 lac,44_/ B. What sewerage system improvements does the community plan to have under consideration for the next 10 years? n LI +3 cu e.4 rr_ I o ti 2 . e64;e- I -Al A4/4-1,6E,t•eevr: P ver, ,Im LC /61 //rN r 4rtifie ,44---c7T6412 Cie �u r�rc .__ AfES. -�.zos5/2Jo715 l3611Jsi I M/J o LFQ r jar=r=c:�2T T�+ C. Explain problems, other than plugging, that you have experienced over the last year EA re .eciopi r , 4 a,Aioit./a/,gig Meoe ex.44 6.-04-0510A-I /Aire Sr?�,�ir 61-1 �ri�.t L/ f 77/E ,d,E.E/3 7z, emi-1:/ ak_ r F D. Is your community presently involved in formal planning for system expansion/upgrading? If so explain. ,1 U� Ju �; owpe E 7T 0 / . ��t 1/b.J k z A 16.4-v lr/�rF4 /Es . kl - ra C' [Cr .►f.t-rIc",�/ �,41CrGa r� . 4,057741.4Cr/ej /0 BEET �H15 ,c/fcci7N. 1.1E 14/ sE-wf e , CifriA c 12A TZ.iGvL �47-0L1 t49.012_C - TaUcop_ Lip L1-+r►fir-fC�, Agenda Page 297 of 390 Page 8 9-1 New Business Part VII: SUBJECTIVE EVALUATION (cont.) G. Does the municipality/district pay for the continuing education expenses of operators? ALWAYS SOMETIMES NO If they do, what percentage is paid? approximately / C 6 % H. Is there a written policy regarding continuing education and training for wastewater operators? YES NO X I. Any additional comments? (Attach additional sheets if necessary.) Agenda Page 298 of 390 Page 9 9-1 New Business POINT SUMMATION Fill in the point totals from Parts II through V in the blanks provided in the Points column. Add the numbers to determine the MWPP point total that your wastewater facility has generated for the past twelve months. Part Points II 0 ill f 0 IV V 20 Total 50 1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. C. -27;1 7`.2.-/- '`. Signature of Signatory Official Date PC,-;cr c k410105 6/0te7ck' Print Name of Signatory Official Title The signatory official is the person authorized to sign permit documents, per Rai 7-8-3.4. Page 10 Agenda Page 299 of 390 9-1 New Business Municipal Wastewater Planning Program (MWPP) Mechanical Plant Section for 2016 Owner Name: MOAB Name and Title of Contact Person: ��.p eY/ Ai t6-4c/e_Au+ DRY Phone: '51 3 Y- M'F- c5-,) % 7 E-mail: 1,1a.-tei-bay 7 7 7(OHP/ 6C, At SUBMIT BY APRIL 15, 2017 Electronic submission: http://deq.utah.gov/ProgramsServices}services/submissions/index.htm or Mail to: MWPP - Department of Environmental Quality Division of Water Quality 195 North 1950 West P.O. Box 144870 Salt Lake City, Utah 84114-4870 Phone: (801) 536-4300 For ompleted by: NSA-____— May Receive -Continuing Education Units(CEUs) Agenda Page 300 of 390 Page I 9-1 New Business Part is INFLUENT INFORMATION P. Please provide the average design flow rate and average design BOD5 and TSS loading for your facility. • Average Design Flow (MGD.) AverageDesign BON 'Loading. (lbsiday), Average. Design TSS Loading' ;(I133slt tSi) Design Criteria /, 5 � 5p o c:1 € pQ 90% of the Design Criteria /. 3 44 6 c 013 4.0 B. Please list the average monthly flows in millions of gallons per day (MGD) and BOD5 and TSS loadings in milligrams per liter (mg/L) received at your facility during 2016. (Calculate the BOD5 and TSS loadings in pounds per day (Ibs/day). - (1) ,Average Monthly tFlow (MGD) (2) Average Monthly BODE Concentration (nmg/L) (3) Average BODE Loading (Ibs/day)' (4) Average Monthly TSS Concentration . (mg/L) ('') AverageMonfh TSS Loading (Ibsldaye January , V 4,../,5 »4- 7 CG , ,,,/ /S' / 4/7 0 February , g�" „1,7 j / % J .1/4 / 5 / 7 .- March 71' 626r 4 _ a/ LI 7 ,2477 as g7 April j� cio 313 No L 0 330 a'7+5egt .275l3 May 1, os- oi%a c23 1 `T 3 `5 June l 4 / a— A g 67 616 71 .1,ta 6 A 4/-3 41- , July 1, o 4 a$ Lk cV4 3 l7$3 306 14-16 6b--1 4031 4.3 0 5 August ,91 al j6 September /, Da czAiS 4 o 84/-- 02;7 / October .99 a 7 7 4aQ `T ,35k› a 731 November e 7,,,3 473 .24 1 7 a6 7 1 1! 3 - December , 8 .197 .. j Q,5' ,;1 3 8 / 6$ 7 Average 1, i 7 ,) 67 01. i (9._ c1- 7 4- la- - 0 1 BOD5 Loading (3) = Average Monthly Flow (1) x Average Monthly BOD5 Concentration (2) x 8.34 2 TSS Loading (5) = Average Monthly Flow (1) x Average Monthly TSS Concentration (4) x 8.34 Page 2 Agenda Page 301 of 390 9-1 New Business Part I. INFLUENT INFORMATION (cont.) C.' Refer to the information in A & B to determine a point value for your facility. Please enter the points for each question in the blank provided. Question illikumber Points Earned _ ; Total i Point•s . .How many.times did}the averagel monthly flow. (Part B., Colurfin 1 ) .to the wastewater facility. exceed 90% of designflow'? ._ .. i }Or/ 0 = 0 points 1 - 2 = 10 points 3 - 4 = 20 points 5 or more = 30 points :4 HOw.rhany.tirnes did'the average monthly -flow. (Part B., Column 1) to the wastewater facility exceed the design flow'? 0 = 0 points 1 - 2 = 20 points 3 - 4 = 40. points ' 5 or more = 6Q. points 1 HOw many times didi the average monthly B©D5 loading (Part B.. Column 3).to the wastewater facility exceed 90% of the design loading? .5 0-1 = 0 points 1 - 2 = 1 O..points 3 - 4 = 20. points 5 or more = 30 points 30 How many times did the average , monthly BOD5 loading (Part .B., Column 3) to the wastewater facility exceed the design loading? at., 0 = 0 pointsu 1 - 2 = 20 .points 3 - 5 = 40' points 5 or more = 60.points a 0 TOTAL PART I = 5 Q Agenda Page 302 of 390 Page 3 9-1 New Business Part I1: EFFLUENT INFORMATION A. Please list the average monthly BOD5, TSS, Ammonia (NH3), monthly maximum total residual chlorine (TRC) minimum monthly dissolved oxygen (DO), and 30- day geometric averages for Fecal and Total Coliform, or E-Coli discharged by your facility during 2016. (1)) BODE (mg1L) (2) (3) TSB Fecal (mg1L) Coliform (#11.00 mL) January 111 3 3 L February March April.oll 3 s June July 7 Augulli 4.0 cl 5- September October November December Average 16 (4) Total Coliform (#1100 reL) (6) TRC (mg/L) (7) DO (mg/L) (8) 14143 Ireg/L) One Decimal Plaee Only 19 1- A l,� B. Please list the monthly average permit limits for the facility in the blanks below. BOD5 (CBOD$) maximum C12 (mg1L) NH3 (mg/L) minimum DO (rndig rMonthly Permit Limit % : BO%a of the Permit Limit cl. a i r a Page 4 Agenda Page 303 of 390 9-1 New Business Part 11: EFFLUENT INFORMATION (cont.) C. Refer to the information in A & B and your operating reports to determine a point values for your facility. Question' How many months did. the effluent BOD5 (GBOD5) exceed 80% of monthly permit- limit? How many months did the effluent BOD56CBOD5) exceed the monthly perrnft. limits? How many months did:The effluent TSS exceed 20 mg/L? 7rHow many months did the effluent TSS exceed 25 mg/L? liew many times did the TRC exceedpermlt limit? iiM111111m. L 1 NuMbeillilliPoiAnts Earned' --1 t - --- —-- ' IWO -1 40J points 2 = 5 points 3 = 1'0 points 4 = 15 points AO or more = 20,points 4;ki75- 0 = 0 points 1 - 2 = 10 points 3 or more = 20 points 0 -1 = 0 points 2 = 5 points 3 = 1.0 points 4 = 15 points 5 or more = 20 points 0 = 0 points 1 - 2 = 10 points 3 or more = 20 points 0 = 0 points 1 - 2 = 15 points 3 or more = 30 points . Total 0. 'Points 0 H6w many times did the NIFI OP exceed permit limits? Wow many times did the DO 1— not. Meet permit limit? , How many rhonthsdid th-e 3 =.j day fecal Perform exceed 2001 41100 mL? many months did the 30= day.total.coliform exceed 2,000#7100 mL? How many months did the 30- day E-coli exceed 1264/1.00 mL? 0 = 0 points 1 - 2 = 1.5 points 3 or more = 30 p_oints 0 = 0 points 1 - 2 = 15 points 3 (gloom = 30 poi.nts _ 0 = 0 points 1 - 2 = 10 points 3 or more = 20 points ! 0 = 0 points 1 - 2 = 10 points 3 or more .= 20 points 0 = 0 points 1 - 2 = 10 points 3 or more = 40 points TOTAL PARTII= Agenda Page 304 of 390 Page 5 9-1 New Business Part III: FACILITY AGE In what year were the following process units constructed or underwent a major upgrade? To determine a point score subtract the construction or upgrade year from 2016. Points = Age = Present Year - Construction or Upgrade Year. Enter the calculated age below. If the point total exceeds 20 points, enter only 20 points. Unit Process !Current • Year , Construction. or Last : Upgrade. Year Age=Points� r 11FHeadw=111 E 2016 — i� g 7 J o Primary Treatment 201l6 ` p Y 7 i o Secondary Treatmea i 201'6 1? p 7 ..16. iiii 'Solids Handling 201r6 a o 1 3 3 lif Disinfection 2016i 91 A b TOTAL PART Ill (not greater than 20) = 83 Part IV: BYPASSES Please complete the following table: Question rt ifFILMTO illa ,Points .Earned ' Total Points How many days inthe past year was there a:b-ypass or overflow of untreated wastewater due to high lows? e, /�' 0,640 points 1 = 5 points 2 _ '1'0 points 3 = 15 points 4 = 20 points 5 or more = 26 points Al How many days in the last year was there a bypass or.0 overflow of untreated92f wastewater due to equipment failure? 0 = 0 points 1 = 5 points 2 = 10 points 3 = 15 points 4 = 20 points 5 or more = 25 points TOTAL PART IV = Page 6 Agenda Page 305 of 390 9-1 New Business Part V: SOLIDS HANDLING A. Please complete the following table: Current Disposal Method (check all that apply) Points Earned Total' Points Landfill Class B = 0 points < Cfass B = 50 points --ei� Land Application Site Life :0 - 5 years = 20 points 5 - 1:0 years = 10 points 1.0+ years = 0 points Give Away/Distribution and Marketing Class A = 10 points Class B = 20 points TOTAL PART V = Part VI: NEW DEVELOPMENT A. Please complete the following table: Question Points Earned Total Points Has an industry or other development moved into ; the community or expanded production in the .past two gears, such that either flow or wastewater loadings to the sewerage system' were signiificantfy incteased (10 _ 20%)? • No = 0 points ,Yes = '[°0 points _ ___Ili ` Are there any major new developments (industrial, commercial, or residential) anticipated in the next 2 - 3 years, such that either filow. or BOD5 loadings to the sewerage system could. significantly increase (25%).? . No - 0 points' Yes = 10 points: Have you experienced any upset due to septic "au:ers? No = 0 points Yes - 1:0 points / 0 TOTAL PART VI = 1 I 0 Agenda Page 306 of 390 Page 7 9-1 New Business Part VI: NEW DEVELOPMENT (cont.) B Approximate number of new residential sewer connections in the last year new residential connections C. Approximate number of new commercial/industrial connections in the last year new commercial/industrial connections D. Approximate number of new population serviced in the last year c)1 J new people served E. Total number of effective residential connections (ERC) served /of omo total ERC served Part VII: OPERATOR CERTIFICATION A. How many wastewater treatment operators are currently employed by your facility? wastewater treatment operators employed B. You are required to have the chief direct responsible charge (DRC) operator(s) certified at TREATMENT III. What is the current grade of the treatment DRC operator(s)? 7 C. What is/are the name(s) of your wastewater treatment DRC operator(s)? eel izp S 5 e_ D. State of Utah Administrative Rules Require all operators considered to be in DRC to be appropriately certified. List all the operators in your system by their certification class. Not Certified Treatment I Treatment II pl2rk Lucid ` c7Ai Treatment I!! Treatment !V Agenda Page 307 of 390 Page 8 9-1 New Business Part VII: OPERATOR CERTIFICATION (cont.) E. Please complete the following table: Question Points Earned _Total Points is/are your DRC operator(s) currently certified atthe appropriate grade for this facility? (see C) Yes = 0 points No = 50 points How many continuing education units has each of the DRC operator(s) comioted over the last 3 yearn? 3 or more _ 0 points less than 3- 1:0 points TOTAL PART VII = Part VIII: FACILITY MAINTENANCE A. Please complete the following table: question Points Earned Total Points Do .you follow an annual preventative maintenance program? Yes = 0 points No = 30 points Is it written? Yes = 0 points No = 20 points _ Do you have written emergency response -plan? . Yes = 0 points No = 20 points Do you Have an updated operations and maintenance manual? Yes = a points No = 20 points Do you have a written safety:plan? Yes = 0 points No = 20 points er' TOTAL PART VIII = -,e Agenda Page 308 of 390 Page 9 9-1 New Business Part IX: SUBJECTIVE EVALUATION This section should be completed with the facility operators. A. Do you consider your wastewater facility to be in good physical and structural condition? YES NO If NOT, why? r Ji Q:Y S C Ir (I'LL± r1 Seirq V e— a S xi1 / ci P-- B. What improvements do you think the plant will need in the next 5 years? 1AL p1/44---/t/ C. Does the municipality/district pay for the continuing education expenses of operators? ALWAYS _X SOMETIMES NO If so, what percentage do they pay? Approximately / epe) D. Is there a written policy regarding continuing education and training for wastewater operators? YES NO Agenda Page 309 of 390 Page 10 9-1 New Business Part IX: SUBJECTIVE EVALUATION (cont.) E. Have you done any major repairs or mechanical equipment replacement in 2016? (do not include construction or upgrade projects) YES NO X F. What was the approximate cost for those repairs or replacements? $ G. Any additional comments? (Attach additional sheets if necessary.) Agenda Page 310 of 390 Page 1I 9-1 New Business POINT SUMMATION Fill in the values from Parts I through VIII in the blanks provided in the Points column. Add the numbers to determine the MWPP point total that your wastewater facility has generated for the past twelve months. Part Points I 50 lI GO ill a9, 0 IV 0 V p VI 1 0 VII a Vlll O Total 1 ifO Page 12 Agenda Page 311 of 390 9-1 New Business f AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 25, 2017 Agenda item #: 9-2 Title: 2o17-2o18 Goals and Priorities from the Affordable Housing Plan Staff Presenter: Amy Weiser, Community Services Director Department: Administration Summary: The City Council approved adoption of the Moab Area Affordable Housing Plan on February 14fh of this year. The Interlocal Housing Task Force (IHTF) is working on their goals for the next year and both Zacharia and I agreed to meet with our respective Councils to get the top 5 goals for the next year. I have attached the pertinent sections of the plan that discuss the goals and objectives. The City Council needs to provide direction and a work plan to staff based on the items/issues that they feel are the most important. I will run through a PowerPoint at the Council meeting of those items that staff feels are the most feasible to be accomplished in the next fiscal year. The IHTF has suggested that the Council receive the agendas and minutes from the IHTF meeting so that you can stay abreast of what's happening. Attached are agendas and minutes from February and March. Staff Recommendation: Direct staff to prepare a resolution for the next Council meeting with the agreed upon Top 5 list for implementation of the Affordable Housing Plan in the 2o17-2m8 fiscal year. Options: Staff s recommendation or continue discussion to the next Council meeting, Attachment(s): Affordable Housing Plan Excerpts — pages 41-53 IHTF Agendas and Minutes for February and March l Agenda Page 312 of 390 9-2 New Business XI. IHTF Recommendations The mission of the Interlocal Housing Task Force is to support the creation of affordable and attainable housing through policy recommendations, public outreach, professional development, and project implementation. The Task Force meets regularly to discuss and review current housing trends, evaluate proposed solutions, and create informational resources for the public. In support of this housing plan, the IHTF offers the following recommendations: • Establish, promote, and utilize the Moab Area Community Land Trust. • Increase funding for affordable housing within the City and County budgets. • Expand the use of deed restrictions to protect existing and new affordable housing. • Engage the State Institutional Trust Lands Administration (SITLA) and the Bureau of Land Management (BLM) in identifying development opportunities on state and federally owned land. • Adopt an assured housing ordinance, which will require all new residential and commercial development above a given size to include a component of affordable housing. • Increase zoning densities along major transportation corridors and within areas proximal to retail, restaurants, and entertainment. • Support employer provided housing while providing best practices that protect employees. • Provide for greater flexibility in the City and County land use codes to support residential and mixed -use developments. • Establish regulations that enable the development of "tiny home" communities. • Encourage the Utah legislature to allow greater flexibility in the expenditure of Transient Room Tax (TRT) revenue. 41 Page 313 of 390 9-2 New Business XII. Affordable Housing: Vision, Goals, and Objectives Vision A community that includes an affordable housing opportunity available to each resident of the Moab Area. Goals 1. Achieve the housing vision by 2050. 2. Create and protect enough affordable housing in the Moab Area so that it is not a limiting factor for the community's evolution. 3. Upgrade and improve existing low -quality housing. 4. Construct a wider range of housing and development types, especially attached dwellings and apartments. 5. Provide a mix of ownership, rental, and seasonal housing opportunities. 6. Become a model community in the way of implementing successful housing solutions. 7. Create senior housing and housing for individuals with special needs and mental or behavioral health issues. 8. Expand the housing stock through the development of compact, walkable neighborhoods served by reliable infrastructure. 9. Encourage the development of a public transportation system. 10. Promote housing that is energy efficient and minimizes environmental impact. Objectives 1. Analyze the housing needs of very low-, low-, and moderate -income households, and develop a mix of strategies to meet the needs of each income group. 2. Set annual affordable housing targets and report performance to the public. 3. Coordinate with and involve multiple community and outside agencies in developing affordable housing solutions. 4. Adopt or amend local land use regulations to provide more opportunities for affordable housing development. 5. Facilitate public -private partnerships that lead to affordable housing construction and economic development. 42 Page 314 of 390 9-2 New Business YIII A ffordable Housing Action Plan Agenda 06E }o g 1-E abed 1. GENERAL ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS a. Hire staff person explicitly responsible for housing plan implementation City, County Interlocal Housing Task Force (IHTF) Property Tax, Sales Tax, Transient Room Tax 2017 b. Hire staff person explicitly responsible for economic development City, County Chamber of Commerce, USU Moab, Small Business Development Center City, County 2017 c. Collect data relative to the supply and demand for housing in the Moab Area County City, IHTF United States Department of Agriculture (USDA), Community Development y p Block Grants (CDBG) 2016; Ongoing On oin 2016 Housing Plan Update includes current data d. Update housing plan as needed to reflect current data, market analysis, and economic conditions City, County IHTF 2017; Ongoing e. Evaluate policy scenarios and set intermediate (1, 2, 5, and 10 year) goals that lead to the achievement of the Vision. City, County IHTF 2018 f. Provide annual updates on affordable housing plan implementation City, County, IHTF IHTF 2017; Ongoing 43 9-2 New Business cn' C)3 - MOAB AREA COMMUNITY LAND TRUST (MACLT) Agenda 10 v 0 CD GO 0 W 0 0 ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS a. Create / finalize land trust MACLT MACLT 2016 Done b. Create land trust board MACLT MACLT 2016 Done c. Develop board policies MACLT MACLT 2016 Done Rural Community d. Create and approve strategy and action MACLT IHTF, City and County Assistance Corporation 2017 - plans Staff (RCAC), Grounded Solutions 2018 Network d. Solicit resources e. Develop partnerships with local governments, private landowners, businesses, and housing developers MACLT, IHTF MACLT IHTF, City and County Staff IHTF, HASU, Community Rebuilds, Other Local Developers, City, County, Private Landowners, Local Businesses, etc. City, County, Low Income Housing Tax Credits (LIHTC), CDBG, Olene Walker 2017; Housing Loan Fund (OWHLF), Private Donors Ongoing Will begin in 2017 2017; Will begin in 2017 Ongoing 44 9-2 New Business ' '""r .RLOCAL HOUSING TASK FORCE (IHTF) Agenda 10 v 0 CD W O W CO 0 ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS a. Expand membership IHTF b. Increase public education through workshops, advertisements, and outreach IHTF campaigns d. Develop and publicize a housing and economic development website; Distribute the Housing Plan; Distribute resources and tools for affordable housing e. Increase local capacity by reviewing successful affordable housing developments, networking with organizations, visiting and hosting other communities, and attending conferences IHTF, City, County IHTF, City, County City and County Staff, Local Developers, Builders, Realtors, and Bankers, Chamber of Commerce, Citizens City and County Staff City and County Staff, Local Developers, Builders, Realtors, and Bankers, Citizens City and County Staff, Local Developers, Builders, Realtors, and Bankers, Citizens City, County City, County City, County, Foundations, Utah Housing Coalition, Private Donors, Scholarships 2016; Ongoing 2017 2016; Ongoing The IHTF has expanded significantly over the previous two years; Additional participation from the development community is needed Workshops offered periodically each year; Ongoing Website—Done Housing Plan Update —Done Distribution —In Progress 2016; Ongoing Ongoing 45 9-2 New Business " ' "-k'D USE CODE CHANGES TO ENCOURAGE AFFORDABLE HOUSING Agenda 10 N CO 0 GO CO 0 W 0 0 ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS a. Adopt an assured housing ordinance City, County b. Strategically increase zoning densities to facilitate compact development patterns c. Develop mixed -used ordinance d. Strengthen and formalize incentives for affordable housing developers City, County City, County City, County IHTF, HASU, Community Rebuilds, Developers, Business Owners, Citizens IHTF, HASU, Community Rebuilds, Developers, Business Owners, Citizens City and County Staff, Local Developers and Builders, Citizens City and County Staff, Local Developers and Builders, Citizens 2017 2017 2017 - 2018 2017 - 2018 City —In Progress County —Draft ordinance under review Will begin following adoption of assured housing ordinance. Incorporate into zoning density discussions; Downtown Plan Process; Southern US-191 Corridor Planning City — In Progress County — Existing incentives deemed ineffective 46 9-2 New Business " ' A-L'D USE CODE CHANGES TO ENCOURAGE AFFORDABLE HOUSING (continued) Agenda N CO 0 COCa 0 W CO 0 ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS e. Review City and County Land Use Codes to identify and document barriers to affordable housing and engage in public process to mitigate or remove those barriers. City, County f. Create zoning regulations for "tiny houses" City, County and "tiny house communities." g. Encourage land use efficiency by allowing City, County Accessory Dwelling Units (ADUs) h. Expand infill development opportunities through use -specific design standards City, County City and County Staff, Local Developers and Builders, Citizens City and County Staff, Local Developers and Builders, Citizens City and County Staff, Local Developers and Builders, Citizens IHTF, City and County Staff, Local Developers and Builders, Citizens City — Development Code overhaul 2016; planned for 2017 Ongoing County —Several amendments adopted in 2016; Ongoing Several workshops provided to the 2017 Moab community; Preliminary research complete City — Done 2016; County — Done Ongoing (regulations updated in 2016) 2017 - 2019 Will begin in 2017 47 9-2 New Business r err^RDABLE HOUSING STOCK PRESERVATION Agenda Ij� 06E 10 On abed tkCTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS a. Conduct Housing Inventory b. Identify dilapidated units and work with property owners to upgrade or replace with safe, adequate housing c. Investigate incentives to rehabilitate deteriorated units IHTF, Southeastern Utah Association of Local City, County Governments (SEU-ALG) Community Rebuilds, HASU d. Promote mobile home rental to ownership HASU, MACLT e. Investigate temporary housing alternatives IHTF, HASU, MACLT f. Provide tax abatement on residential rehabilitation and replacement for low- income households County g. Inventory existing subsidized units and HASU chart financing/flip cycle h. Require housing mitigation plans when land use applications propose demolition of existing housing units County, City 2018 SEU-ALG Weatherization SEU-ALG, City, County Program, CDBG, USDA, City, 2018 County Rural Development USDA, HUD, State, SEUALG Year 0-1 IHTF, USDA, OWHLF Local banking institutions City and County Staff County Council, County Assessor, Clerk, and County Treasurer IHTF USDA, CDBG, OWHLF 2016; Ongoing 2017 - 2018 2017 — 2018 '2018 Discussions with SEU-ALG ongoing Will begin discussions in 2017 2017 - Will begin 2018 discussions in 2017 48 9-2 New Business ssau!sn8 maN Z-6 617 Page 321 of 390 SupOu0 f8i0Z Ou!o2u0 f8TOZ Ou!o8u0 1 '8TOZ saapinoad Al!I!`ije;S Alunop pue A1D `nsvH saapinoad A}!I!zn `44e1S AlunoO pue Al!D 'nsvH saapinoad 414n `}}e1S A}uno0 pue A1!D 'nsvH d1H1 sluawanoadm Zupnpoi aoj. sanquaau! pue sueoi alowoad uopnpaa d1H1 lsoo Au fin lnoge uoRewaoju! oHgnd ap!noad •f d1Hl sweAoad Aouapula anua alowoad ! 31`d0 1391:1V1 S331i nos JNIONrld 3181SSOd SU3NJAIVd NOIld1N31N31d1All 1JN3SV Od31 Sd31S NOIJ. V epua2v (panupoo) NOLIVAIAS3dd NDO1S JNISfIOH 318`dd1:1JJ Y ssau!sn8 MaN Z-6 OS LZOZ u! uPaq HIM ssaaoad ul—L4uno0 ssaaoad ssaJBoJd ul •9TOZ 8TOZ — LIOZ 8TOZ - LTOZ ssaJBoJd ul — spl!ngau /q!unwuao0 8u!o8u0 LTOZ ssaJBoJd' ul—Aluno0 8ZOZ - LZOZ ssaJBoJd auoa—A;uno0 ssaa2oad i saalueg `saas!e.iddy 'splingau Al!unwwo0 `f1Sb'H 'd1Hl rpm! 'spl!ngab Allunwwo0 `f1Sb'H 'd1Hl Aluno0 'Al!0 splinga2! OdOb A;lunwwo0'Aluno0'4D 8uloBu0 f9TOZ I 31H1 aossassy Awno0 Awno0 '/k10 spl!nga8 Awinwwo0'f1Sb'H s2ulpllnq snsaan pue! o; anp uoRepaadde aleaullap Ja;�aq o; sluawssasse AlJadoad a;epdn •} uo!.ea}sluppe uol.au;saa paap Jo} suas!ueyaaW Sulpun} pue sluawaaJBe gs!!ge1s3 •a sweawd ueoi paalueaen8 -8ZS pue TaaJlp-ZOS Jo} suo!�ap1S2.1 paap ysllge;sa o; dasn yilM voM 'p saadolanap pafoad d1Hl amellene alew pue aengue! paz!pJepuels tpm suo!pp saJ paap }o lueagll a aleaJO Aluno0 Aluno0 Aluno0 pue Alp ay; u! pasn aq o} suopplsaJ paap Sulsnoy algepJo}}e Jo} s;uawaJ!nbaJ wnw!up ys!lgels3 q suol;alalsaJ paap apnhu! o; 8ulsnoy algepao}}e mau Ile aJlnbaB •e Sfllb'1S 31d4 139MV1 S3011f10S 9NIaNfid 3191550d al3 N1Ht'd N011`d1N3IN31dVVl JDN39b' ad31 Sd31S NOLLDd Page 322 of 390 epua2v SNOI.LMILS321 OJJV .,I ' o"'DING CONSTRUCTION & DESIGN PRACTICES Agenda 06E 10 CU abed ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS a. Provide educational resources to local development community b. Provide a library of pre -approved building plans for affordable housing to local developers City, County, IHTF IHTF City and County Staff, Local Developers and Builders, HASU, Community Rebuilds, American Planning Association (APA), American Institute of Architects (AIA), Smart Growth America MACLT, Local Architects, Developers, and Builders 2017; Ongoing 2017; Ongoing One design complete and nearly approved; Library host to be determined 51 9-2 New Business 7ELOPMENT COSTS REDUCTION Agenda 06E 10 bZE abed ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS a. Establish housing funds within the City and County budgets to support the development of affordable housing b. Evaluate opportunities to develop housing or mixed use developments on publicly owned parcels City, County, Special Service Districts (SSDs) City, County, SSDs, State and Federal Land Management Agencies c. Implement guidelines for fee waivers and deferrals (e.g. impact fees, development City, County, SSDs review fees, building permit fees, and others) d. Consider offering direct subsidies to eligible low-income households or developers of City, County affordable housing City and County Staff, Special Service District Staff, Local Developers and Builders, Public Finance Experts City and County Staff, Special Service District Staff, Local Developers and Builders, Public Finance Experts City and County Staff, Special Service District Staff, Local Developers and Builders, Public Finance Experts City and County Staff, Special Service District Staff, Local Developers and Builders, Public Finance Experts 2016; Ongoing City, County, Low Income Housing Tax Credits (LIHTC), CDBG, Olene Walker 2016; Housing Loan Fund Ongoing (OWHLF), USDA, EDA, CDBG, Private Donors 2016; Ongoing 2017; Ongoing City—Doone County —Done SSDs—In Progress Map of publicly owned parcels provided to City and County Staff in 2016; Evaluation of development opportunities — Ongoing City —In Progress County —Done SSDs—In Progress Depends on creation of housing funds with committed revenue source 52 9-2 New Business ^ "^MELESSNESS Agenda 06E }o SZE abed ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS a. Work with Local Homeless Coordinating Homeless Coordinating IHTF Committee to consider needs of the homeless Committee b. Expand membership c. Establish operational budget State of Utah IHTF members participated in a permanent supportive 2017; housing (PSH) Ongoing toolkit in 2016; Homeless Coordinating Committee — Ongoing Homeless Coordinating IHTF 2017; Committee Ongoing Homeless Coordinating State of Utah, Veterans 2018; Committee City, County Affairs Ongoing 53 9-2 New Business Interlocal Housing Task Force Agenda: 2.6.17 CO 13 C a) 13u0 Q • Member updates: o Elect Chair, Vice -Chair, and Secretary/Minutes-Taker o 2016 Housing Plan Update — Adoption as chapter of City and County GPs www.moabhousingplan.com o Community and Economic Development Resource Guide www.moabhousing.com o Assured Housing Ordinance ■ Legal Review is back — suggestion is to do one or both of the following: 1. Conduct an economic nexus study to validate the connection between new development and affordable housing with a focus on the exact set -aside percentages and incentives. 2. Combine the assured housing set aside requirements to a "high density development [HDH] overlay." **Doing this would be a reasonable intermediate step before adopting an AH policy that applies to all new development regardless of size. It also probably wouldn't require the completion of an economic study, as described in 1 above.** o City of Moab Updates o Other updates ■ Subcommittees ■ Non-profit Partners • Possible TASKS for the Housing Task Force — See the Updated Housing Plan o IMPLEMENT the housing plan — assist City and County with establishing annual targets! o Education & Outreach 1. News article series 2. Speaker series 3. More public workshops o Drafting deed restriction guidelines o Drafting policies and guidelines for housing funds in the City and County budgets o How to live TINY in Grand County: A resource guide for tiny homes Page 326 of 390 9-2 New Business MINUTES Interlocal Housing Task Force February 6, 2017 The meeting was called to order by Chair Zacharia Levine at 1:00 New Business • Elect Chair and Vice Chair — Zacharia Levine requested to pass on the duties of Chair of the IHTF to Amy Weiser, Moab City. All agreed. Zacharia will become Vice Chair. • A secretary was not elected. For the time being, Amy and Zacharia will continue to take notes and formalize them as minutes to share with respective Council's once a month. • County Update- Zacharia shared update on Assured Housing Policy. Legal review done. Recommendation was to conduct an economic study to show an essential nexus and establish the set aside %, incentives and payment in lieu. o Other idea that came out of legal review was the idea of an affordable housing overlay. Basically, any property within the overlay would be required to develop to high density, 20- 30 units/acre and provide a certain percent as affordable. o The IHTF agreed to explore the idea further. Zacharia and Amy to bring maps to the next meeting to look at areas in the City and County where this might be the most effective. All agreed that the respective Council members and Planning Commissioners would have to be behind the idea or it won't have the political will needed to pass. Needs to be very targeted in its scope and address impacts to infrastructure, transportation etc... o Rachel Moody felt that the overlay could be a good compromise with the development community and residents, cautioned that there will still be pushback from the community. Emily Niehaus expressed concerns about enforcement and annual reporting. • City Update - Amy informed the group that the Affordable Housing Plan is on the City Council's 2-14-17 agenda for adoption. Talked about recent development applications that have had trouble getting approved in the City. Expressed concerns about NIMBY when it comes to apartments and affordable housing. Group discussion followed on not using the term NIMBY. Emily Niehaus cautioned being careful not to villainize anyone. Rachel Moody suggested starting a campaign for YIMBY's! Member Updates • Community Rebuilds — two new groundbreakings! Panel discussion this evening at 6:30 at the MARC on the History of Low Carbon Building. April panel on permaculture, May panel on solar. • Land Trust — working on a website and a logo. Emily Niehaus now a board member of the trust. Announcements • Affordable Housing Summit end of March with Black Oak Development group Next Meeting 3-6-17 - 1:00-2:00 Grand County Council Chambers • Tasks for 2017 • Continued discussion on overlay idea Page 327 of 390 9-2 New Business Interlocal Housing Task Force 1:00 - 2:00 Grand County Council Chambers Chair: Vice Chair: Amy Weiser, Moab City Zacharia Levine, Grand County New Business/Tasks 3-6-17 AGENDA 1. Possible tasks for IHTF o IMPLEMENT the housing plan — assist City and County with establishing annual targets! o Education & Outreach 1. News article series 2. Speaker series 3. More public workshops o Drafting policies and guidelines for housing funds in the City and County budgets o How to live TINY in Grand County: A resource guide for tiny homes 2. Continued discussion on Affordable Housing Overly idea o Mapping Exercise Grand County Updates Adoption of Affordable Housing Plan — Status? Affordable Housing Summit March 29th and 3091 Moab City Updates Affordable Housing Plan adopted! PC and Council to set goals/targets for 2017 Member Updates HASU, Land Trust, Gov. Agencies, Community Rebuilds, Realtors, Citizens Topics for next meeting: M 73 c GJ to Q Page 328 of 390 9-2 New Business Interlocal Housing Task Force March 6, 2017 The meeting was called to order by Chair Amy Weiser at 1:00 New Business • Elect Chair and Vice Chair — Zacharia Levine requested to pass on the duties of Chair of the IHTF to Amy Weiser, Moab City. All agreed. Zacharia will become Vice Chair. • A secretary was not elected. For the time being, Amy and Zacharia will continue to take notes and formalize them as minutes to share with respective Council's once a month. • County Update Zacharia shared update on Assured Housing Policy. Legal review done. Recommendation was to conduct an economic study to show an essential nexus and establish the set aside %, incentives and payment in lieu and pursue a high density development overlay as an interim measure. o Discussion from IHTF that pursuing the economic nexus study and a mandatory assured housing policy should be the priority. Consensus from the IHTF was to purse a mandatory assured housing policy. o Concerns about the IHTF being a sponsor of the Affordable Housing Summit. All agreed that next time the IHTF needs to be asked prior to staff making this kind of commitment. IHTF requested that the developer be sent a list of questions so that the IHTF could review the answers to make sure that Black Oak Groups goals don't conflict with the goals and policies of IHTF. IHTF will respond via email to Amy and/or Zacharia and then decide whether or not to pull sponsorship. • City Update O 2/14/17 City Council adopted Moab Area Affordable Housing Plan o Goals and Tasks for implementation of Affordable Housing Plan and Assured Housing discussion on April 11, 2017 PC Meeting Announcements • Affordable Housing Summit end of March with Black Oak Development group Next Meeting 4-3-17 1:00-2:00 Grand County Council Chambers • Tasks for 2017 • Continued discussions on assured housing Page 329 of 390 9-2 New Business f AGENDA SUMMARY MOAB CITY COUNCIL MEETING / -- April 25, 2017 Agenda item #: 9-3 Title: Contract to Secure CIB Grant in the Amount of $726,241 Staff Presenter: Amy Weiser, Community Services Director Department: Administration Summary: The City was awarded a 50/5o grant and loan from the Department of Workforce Services Permanent Community Impact Fund (CIB). The grant requires the execution of the attached contract. The total amount of the grant is $726,241.00. Staff Recommendation: Authorize the Mayor to sign the CIB Grant Contract Attachment(s): Contract with Department of Workforce Services Permanent Community Impact Fund (CIB) l Agenda Page 330 of 390 9-3 New Business CONTRACT NO. CONTRACTOR: Moab City VENDOR NO. 58062A PROJECT NAME: New Road & Utility Corridor Development - Highway 191 AWARD NUMBER: FUND5285-17 I CFDA #/TITLE: N/A CONTRACT ORIGINATOR: Gayle Gardner FEDERAL AGENCY: N/A CONTRACT DEPARTMENT OF WORKFORCE SERVICES HOUSING & COMMUNITY DEVELOPMENT DIVISION 1385 S. State, Salt Lake City, UT 84115 1. PARTIES: This contract is between the DEPARTMENT OF WORKFORCE SERVICES: Permanent Community Impact Fund (CIB) (Board or Program) Referred to as STATE, and the following CONTRACTOR Moab City Name 217 E Center St. Address Moab Utah City Rachel Stenta Contact State 435-259-5129 2. GENERAL PURPOSE OF CONTRACT: New Road & Utility Corridor Development - Highway 191 84532 Zip 435-259-4135 Phone # Fax# 3. CONTRACT PERIOD: Commencing on 02/02/2017 and terminating on 01/31/2019 4. CONTRACT COSTS: CONTRACTOR will be paid a maximum of $726,241.00 , pursuant to the budget attached hereto as Attachment C 5.ATTACHMENTS: ✓ ATTACHMENT A — GENERAL PROVISIONS ✓ ATTACHMENT B - PROGRAM GENERAL CONDITIONS ✓ ATTACHMENT C — BUDGET ✓ ATTACHMENT D — SCOPE OF WORK Page 331 of 390 9-3 New Business Execution IN WITNESS WHEREOF, the parties sign and cause this contract to be effective as of the date indicated below by the Utah State Division of Finance. CONTRACTOR APPROVED: Moab City Name STATE APPROVED: HOUSING & COMMUNITY DEVELOPMENT DIVISION BY: BY: Signature Name Title Jonathan D. Hardy, Director WITNESS APPROVED - DIVISION OF FINANCE Signature Name Title CO II C CD 110 Q BY: Execution Date: Page 332 of 390 9-3 New Business ATTACHMENT A GENERAL. PROVISIONS FOR HOUSING AND COMMUNITY DEVELOPMENT 1. DEFINITIONS: The following terms shall have the meanings set forth below: a) "Confidential Information" means information that is deemed as confidential under applicable state and federal laws, including personal information. The State Entity reserves the right to identify, during and after this Contract, additional reasonable types of categories of information that must be kept confidential under federal and state laws. b) "Contract" means the contract signature Page(s), including all referenced attachments and documents incorporated by reference. The term "Contract" may include any purchase orders that result from this Contract. c) "Contract Signature Page(s)" means the State cover page(s) that the State Entity and Contractor sign. d) "Contractor", "Sub -Recipient" or "Loan Recipient" means the individual or entity identified in this Contract. The term "Contractor" , "Sub -Recipient" or "Loan Recipient" shall include Contractor's, Sub - Recipient's or Loan Recipient's agents, officers, employees, and partners. e} Services" means the furnishing of labor, time, or effort by Contractors, Sub -Recipients or Loan Recipient's pursuant to this Contract. Services include, but are not limited to, all of the deliverable(s) (including supplies, equipment, or commodities) that result from Contractor's, Sub -Recipient's or Loan Recipient's performing the Services pursuant to this Contract. Services include those professional services identified in Section 63G-6a-103 of the Utah Procurement Code. f) "Proposal" means Contractor's, Sub -Recipient's or Loan Recipient's response to the State Entity's Solicitation. g) "Solicitation" means the documents used by the State Entity to obtain Contractor's Proposal. h) "State Entity" means the department, division office, bureau, agency, or other organization Identified on the Contract Signature Page(s). i) "State" means the State of Utah, in Its entirety, Including its institutions, agencies, departments, divisions, authorities, instrumentalities boards, commissions, elected or appointed officers, employees, agents, and authorized volunteers. j) 'Subcontractors means subcontractors or sub consultants at any tier that are under the direct or indirect control or responsibility of the Contractor, Sub -Recipient or Loan Recipient, and includes all independent contractors, agents, employees, authorized resellers, or anyone else for whom the Contractor, Sub - Recipient or Loan Recipient may be liable at any tier, including a person or entity that is, or will be providing or performing an essential aspect of this Contract, including Contractor's, Sub -Recipient's or Loan Recipient's manufactures, distributors, and suppliers. 2. AUTHORITY: Provisions of this contract are pursuant to the authority set forth in Section 63G-6, Utah Code Annotated, 1953, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33), and related statutes which permit the State to purchase certain specified services, and other approved purchases by the State. 3. CONTRACT JURISDICTION, CHOICE OF LAW AND VENUE: The provisions of this contract shall be governed by the laws of the State. The parties shall submit to the jurisdiction of the courts of the State for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County. 4. LAWS AND REGULATIONS: The Contractor, Sub -Recipient or Loan Recipient and any and all supplies, services, equipment, and construction proposed and furnished under this contract will comply fully with all applicable Federal, State, and local laws and regulations. Further, Contractor, Sub -Recipient or Loan Recipient agree to abide by all requirements in 2 CFR §200.331 — Requirements for Pass -Through Entities. 5. PROJECT COMPLETION: The Contractor, Sub -Recipient or Loan Recipient shall complete the project described in Scope of Work within the contract period shown on page 1 of thls Contract. Page 333 of 390 9-3 New Business 6. RECORDS ADMINISTRATION: The Contractor, Sub -Recipient or Loan Recipient shall maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the Contractor, Sub -Recipient or Loan Recipient pursuant to this Contract. The records shall be retained by the Contractor, Sub -Recipient or Loan Recipient for at least four years after the Contract terminates, or until all audits initiated within the four years, have been completed, whichever is later. The Contractor, Sub - Recipient or Loan Recipient agrees to allow State and Federal auditors, and State Agency Staff, access to all records related to this Contract, for audit, inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. 7. FINACIAL REPORTING: Contractor, Sub -Recipient or Loan Recipient must annually inform the State Entity, in writing, whether: (1) the nonprofit corporation, Contractor, Sub -Recipient or Loan Recipient met or exceeded the dollar amounts listed in Utah Code: 51-2a-201.5, Subsection (2) in the previous fiscal year; and whether (ii) the nonprofit corporation, Contractor, Sub -Recipient or Loan Recipient anticipates meeting or exceeding the dollar mounts listed in Utah Code: 51-2a-201.5, Subsection (2) in the fiscal year the money is disbursed. 8. CONFLICT OF INTEREST: Contractor, Sub -Recipient or Loan Recipient represents that none of its officers or employees are officers or employees of the State, unless disclosure has been made in accordance with §67-16- 8, Utah Code Annotated, 1953, as amended. Contractor, Sub -Recipient or Loan Recipient certifies that it has not offered or given any gift or compensation prohibited by the laws of the State to any officer or employee of the State or participating political subdivisions to secure favorable treatment with respect to being awarded this contract. 9. CONTRACTOR, SUB -RECIPIENT OR LOAN RECIPIENT AN INDEPENDENT CONTRACTOR: The Contractor, Sub -Recipient or Loan Recipient shall be an independent Contractor, and as such, shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent for the State, except as herein expressly set forth. Compensation stated herein shall be the total amount payable to the Contractor by the State. The Contractor, Sub -Recipient or Loan Recipient shall be responsible for the payment of all income tax and social security tax due as a result of payments received from the State for the Contract services. Persons employed by the State and acting under the direction of the State shall not be deemed to be employees or agents of the Contractor, Sub -Recipient or Loan Recipient. 10. INDEMNITY: Contractor, Sub -Recipient or Loan Recipient shall be fully liable for the actions of its agents, employees, officers, partners, and Subcontractors, and shall fully indemnify, defend, and save harmless the State Entity and the State of Utah from all claims, losses, , and costs arising out of Contractor, Sub -Recipient or Loan Recipient's performance of this Contract caused by any intentional act or negligent act of Contractor, Sub -Recipient or Loan Recipient, its agents, employees, officers, partners, or Subcontractors, without limitation. However, the Contractor, Sub -Recipient or Loan Recipient shall not indemnify for that portion of any claim, loss, or damage arising due to the sole fault of the State Entity. The parties agree that if there are any limitations of the Contractor, Sub-Reciplent or Loan Recipient's liability, including a limitation of liability clause for anyone for whom the Contractor, Sub -Recipient or Loan Recipient is responsible, such limitations of liability will not apply to injuries to persons, including death, or to damages to property. 11. EMPLOYMENT PRACTICES CLAUSE: The Contractor, Sub -Recipient or Loan Recipient agrees to abide by the provisions of Title VI and VI I of the Civil Rights Act of 1964 (42 USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the Contractor, Sub - Recipient or Loan Recipient agrees to abide by Utah's Executive Order, dated December 13, 2006, which prohibits sexual harassment in the work place. Page 334 of 390 9-3 New Business 12. DEBARMENT: The Contractor, Sub -Recipient or Loan Recipient certifies that neither it nor its principals are presently or have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency. If the Contractor, Sub -Recipient or Loan Recipient cannot certify this statement, attach a written explanation for review by the State. The Contractor, Sub -Recipient or Loan Recipient must notify the State Director of Purchasing within 30 days if debarred by any governmental entity during the Contract period. 13. TERMINATION: Unless otherwise stated in the Special Terms and Conditions, this contract may be terminated, with cause by either party, in advance of the specified termination date, upon written notice being given by the other party. The parry in violation will be given ten (10) working days after notification to correct and cease the violations, after which the Contract may be terminated for cause. This Contract may be terminated without cause, in advance of the specified expiration date, by either party, upon 60 days prior written notice being given the other party. On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination. 14. NONAPPROPRIATION OF FUNDS, OR CHANGES IN LAW: 14.1 Upon thirty (30) days written notice delivered to the Contractor, Sub -Recipient or Loan Recipient, this Contract may be terminated in whole or in part at the sole discretion of the State, if the State reasonably determines that a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of the contract. 14.2 Upon thirty (30) days written notice delivered to the Contractor, Sub -Recipient or Loan Recipient, this Contract may be terminated in whole or in part, or have the services and purchase obligations of the State proportionately reduced, at the sole discretion of the State, if the State reasonably determines that a change in available funds affects the State's ability to pay under the Contract. A change of available funds as used in this paragraph, includes, but is not limited to, a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. 14.3 If a notice is delivered under paragraph 1 or 2 of this Section the State will reimburse the Contractor, Sub -Recipient or Loan Recipient for products properly delivered or services properly performed up until the effective date of written notice. The State will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of notice. 14.4 Notwithstanding any other paragraph or provision of the Section 13, if the State in said notice to the Contractor, Sub -Recipient or Loan Recipient indicates that the Contractor, Sub -Recipient or Loan Recipient is to immediately cease from placing any orders or commitments with suppliers, subcontractor or other third parties, the Contractor, Sub -Recipient or Loan Recipient shall immediately cease such orders or commitments upon receipt of said notice and the State shall not be liable for any such orders or commitments made after the receipt of said notice. Page 335 of 390 9-3 New Business CO 13 C a) 1:u0 Q 15. WARRANTY: The Contractor, Sub -Recipient or Loan Recipient warrants that (a) all services shall be performed in conformity with the requirements of this Contract by qualified personnel in accordance with generally recognized standards; and (b) all goods or products furnished pursuant to this Contract shall be free from defects and shall conform to contract requirements. The Contractor, Sub -Recipient or Loan Recipient agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to the State under this contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in this contract. The Contractor, Sub -Recipient or Loan Recipient acknowledges that all warranties granted to the buyer by the Uniform Commercial Code of the State apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. Remedies available to the State include, but are not limited to, the following: The Contractor, Sub -Recipient or Loan Recipient will repair or replace (at no charge to the State) the product whose nonconformance is discovered and made known to the Contractor, Sub -Recipient or Loan Recipient in writing. If the repaired and/or replaced product proves to be inadequate, or fails of its essential purpose, the Contractor, Sub -Recipient or Loan Recipient will refund the full amount of any payments that have been made. 16. PAYMENT: Payments are to be made within thirty (30) days after a correct invoice is received. All payments to Contractor, Sub -Recipient or Loan Recipient will be remitted by mail, electronic funds transfer, or the State's Purchasing card (major credit card). If payment has not been made after sixty (60) days from the date a correct invoice is received by the State Entity, then interest may be added by Contractor, Sub - Recipient or Loan Recipient as prescribed in the Utah Prompt Payment Act. The acceptance by Contractor, Sub -Recipient or Loan Recipient of final payment, without a written protest filed with the State from all claims and all liability to the Contractor, Sub -Recipient or Loan Recipient. The State Entity payment for the Services shall not be deemed an acceptance of the Services and is without prejudice to any and all claims that the State Entity or the State may have against Contractor, Sub -Recipient or Loan Recipient. 17. INDEMNIFICATION RELATING TO INTELLECTUAL PROPERTY: Contractor, Sub -Recipient or Loan Recipient warrants that any Items procured to the state by the Contractor, Sub -Recipient or Loan Recipient does not, to the contractor's knowledge, violate or infringe on any third party copyrights, patents, trade secrets, or other propriety rights. If these third party rights are infringed upon, then the Contractor, Sub - recipient or Loan Recipient will indemnify the State Entity and hold the State harmless from and against all damages, expenses (including reasonable attorney's fees), claims, judgments, liabilities, and costs in any claim brought against the State Entity or the State for infringement of third party's copyright, trademark, trade secret, or other proprietary right. The parties agree that if there are any limitations of Contractor, Sub - Recipient or Loan Recipient's liability, such limitations of liability will not apply to this section. 18. ASSIGNMENT/SUBCONTRACT: Contractor, Sub -Recipient or Loan Recipient will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or In part, without the prior written approval of the State. 19. UNUSED FUNDS: Any funds authorized by the State that are not used in the completion of Scope of Work must be returned to the State. 20. INELIGIBLE EXPENSES: Contractor, Sub -Recipient or Loan Recipient expenditures under this Contract determined by audit to be ineligible for reimbursement because they were not authorized by the terms and conditions of the Contract, or that are inadequately documented, and for which payment has been made to the Contractor, Sub -Recipient or Loan Recipient will be immediately refunded to the State by the Contractor, Sub -Recipient or Loan Recipient. The Contractor, Sub -Recipient or Loan Recipient further agrees that the State shall have the right to withhold any or all subsequent payments under this or other Contracts to the Contractor, Sub -Recipient or Loan Recipient until the recoupment of overpayments is made. Page 336 of 390 9-3 New Business CO 13 C a) 13.0 Q 21. PUBLIC INFORMATION: Contractor, Sub -Recipient or Loan Recipient agrees that this Contract, related purchase orders, related pricing documents, and invoices will be public documents and may be available for public and private distribution in accordance with the State's Government Records Access and Management Act (GRAMA). Contractor, Sub -Recipient or Loan Recipient gives the State Entity and the State express permission to make copies of this Contract, related sales orders, related pricing documents, and invoices in accordance with GRAMA. Except for sections identified in writing by contractor and expressly approved by the State Division of Purchasing and General Services, Contractor, Sub -Recipient or Loan Recipient also agrees that the Contractor, Sub -Recipient or Loan Recipient's Proposal to the Solicitation will be a public document, and copies may be given to the public as permitted under GRAMA. The State Entity and the State are not obligated to inform Contractor, Sub -Recipient or Loan Recipient of any GRAMA requests for disclosure of this Contract, related purchase order, related pricing documents, or invoices. 22. PROCUREMENT ETHICS: Contractor, Sub -Recipient or Loan Recipient understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan, reward, or any promise thereof to any person acting as a procurement officer on behalf of the State, or to any person in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization. 23. REMEDIES: Any of the following events will constitute cause for the State Entity to declare Contractor, Sub -Recipient or Loan Recipient in default of this Contract: (i) Contractor, Sub -Recipient or Loan Recipient's non-performance of contractual obligations; or (ii) Contractor, Sub -Recipient or Loan Recipient's material breach of any term or condition of this Contract. The State Entity may issue a written notice of default providing a ten (10) day period in which Contractor, Sub -Recipient or Loan Recipient will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains after Contractor, Sub -Recipient or Loan Recipient has been provided the opportunity to cure, the State Entity may do one or more of the following: (i) exercise any remedy provided by law or equity; (II) terminate this Contract; (iii) impose liquidated damages, if liquidated damages are listed in this Contract; (iv) debar/suspend Contractor, Sub -Recipient or Loan Recipient from receiving future Contracts from the State Entity or the State; or (v) demand a full refund of any payment that the State Entity has made to Contractor, Sub -Recipient or Loan Recipient under this Contract for services that do not conform to this Contract. 24. FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The State may terminate this Contract after determining such delay or default will reasonably prevent successful performance of the Contract. 25. CONFLICT OF TERMS: Terms and Conditions that apply must be in writing and attached to the Contract. No other Terms and Conditions will apply to this Contract. In the event of any conflict in the Contract terms and conditions, the order of precedence shall be: 1). Attachment A: State Standard Contract Terms and Conditions: 2). State Contract Signature Page(s); 3). Additional State Terms and Conditions; 4) Contractor, Sub -Recipient or Loan Recipient Terms and Conditions. 26. AMENDMENTS: This Contract may only be amended by the mutual written agreement of the parties, which amendment will be attached to this Contract. Automatic renewals will not apply to this Contract, even if listed elsewhere in the contract. 27. ACCOUNTING REPORTS: The Contractor, Sub -Recipient or Loan Recipient is responsible to ensure that Contractor, Sub -Recipient or Loan Recipient complies with the accounting reporting requirements in Utah Code §51-2a-201 enacted by Chapter 206, 2004 General Session. Page 337 of 390 9-3 New Business 28. INSURANCE: Contractor, Sub -Recipient or Loan Recipient shall at all times during the term of this Contract, without interruption, carry and maintain commercial general liability insurance from an insurance company authorized to do business in the State. The limits of this insurance will be no less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) aggregate. Contractor, Sub - Recipient or Loan Recipient also agrees to maintain any other insurance policies required in the Solicitation. Contractor shall provide proof of the general liability insurance policy and other required insurance policies to the State Entity within thirty (30) days of contract award. Contractor, Sub -Recipient or Loan Recipient must add the State as an additional insured with notice of cancellation. Failure to maintain required insurance or to provide proof of insurance as required will be deemed a material breach of this Contract which may result in immediate termination. 28.1. INSURANCE — WORKERS COMPENSATION: Contractor, Sub -Recipient or Loan Recipient shall maintain during the term of this Contract, workers' compensation insurance for all its employees as well as any Subcontractor employees related to this Contract. Workers' compensation insurance shall cover full liability under the workers' compensation laws of the jurisdiction in which the service is performed. Contractor, Sub -Recipient or Loan Recipient acknowledges that within (30) days of contract award, Contractor, Sub -Recipient or Loan Recipient must submit proof of certificate of insurance that meets the above requirements. Failure to provide proof of insurance will be considered a material breach of contract. 29, CERTIFY REGISTRATION AND USE OF EMPLOYMENT STATUS VERIFICATION SYSTEM: The Status Verification System, also referred to as "E-verify", only applies to contracts issued through a Request for Proposal process, and to sole sources that are included within a Request for Proposal. It does not apply to Invitation to Bids nor the Multi -Step Process. 29.1 Status Verification System 1. Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named Contractor, Sub -Recipient or Loan Recipient has registered and is participating in the Status Verification System to verify the work eligibility status of the Contractor, Sub -Recipient or Loan Recipient's new employees that are employed in the State in accordance with applicable immigration laws including UCA Section 63G-12-302, 2. The Contractor, Sub -Recipient or Loan Recipient shall require that the following provision be placed in each subcontract at every tier. "The subcontractor shall certify to the main (prime or general) Contractor, Sub -Recipient or Loan Recipient by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with applicable immigration laws including UCA Section 63G-12-302 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work:' 3. The State will not consider a proposal for award, nor will it make any award where there has not been compliance with thls Section. 4. Manually or electronically signing the Proposal is deemed the Contractor, Sub -Recipient or Loan Recipient's certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws including UCA Section 63G-12-302. 29.2 Indemnity Clause for Status Verification System 1. Contractor, Sub -Recipient or Loan Recipient (includes, but is not limited to any Contractor, Sub - Recipient or Loan Recipient, Design Professional, Designer or Consultant) shall protect, indemnify and hold harmless, the State and its officers, employees, agents, representatives and anyone that the State may be liable for, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following: (a) Contractor, Sub -Recipient or Loan Recipient; (b) Subcontractor at any tier; and/or (c) any entity or person for whom the Contractor, Sub -Recipient or Loan Recipient or Subcontractor may be liable. Page 338 of 390 9-3 New Business CO 13 C a) 13.0 Q 2. Notwithstanding Section 2 (AUTHORITY) above, Design Professionals or Designers under direct contract with the State shall only be required to indemnify the State for a liability claim that arises out of the design professional's services, unless the liability claim arises from the Design Professional's negligent act, wrongful act, error or omission or other liability imposed by law except that the design professional shall be required to indemnify the State in regard to subcontractors or sub -consultants at any tier that are under the direct or indirect control or responsibility of the Design Professional, and includes all independent contractors, agents, employees or anyone else for whom the Design Professional may be liable at any tier. 30. SUSPENSION OF WORK: Should circumstances arise which would cause the State Entity to suspend Contractor, Sub -Recipient or Loan Recipient's responsibilities under this Contract, but not terminate this Contract, this will be done by written notice. Contractor, Sub -Recipient or Loan Recipient's responsibilities will be reinstated upon advanced written notice from the State Entity. 31. ACCEPTANCE AND REJECTION: The State Entity shall have thirty (30) days after the performance of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by the State Entity. If Contractor, Sub -Recipient or Loan Recipient delivers nonconforming Services, the State Entity may at Contractor, Sub -Recipient or Loan Recipient's expense: (i) return the Services for a full refund; (ii) require Contractor, Sub -Recipient or Loan Recipient to promptly correct or re -perform the nonconforming Services subject to the terms of this Contract; or (iii) obtain replacement Services form another source, subject to Contractor, Sub -Recipient or Loan Recipient being responsible for any cover costs. 32. TIME OF THE ESSENCE: The Services shall be completed by any applicable deadline stated in this Contract. For all Services, time is of the essence. Contractor, Sub -Recipient or Loan Recipient shall be liable for all reasonable damages to the State Entity, the State, and anyone for whom the State may be liable as a result of Contractor, Sub -Recipient or Loan Recipient's failure to timely perform the Services required under this Contract. 33. CHANGES 1N SCOPE: Any changes in the scope of the Services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by both parties, specifying any such changes, fee adjustment in time of performance, or any other significant factors arising from the changes in the scope of Services. 34. EVALUATIONS: The State Entity may conduct reviews, including but not limited to: 34.1: PERFORMANCE EVAULATION: A performance evaluation of Contractor, Sub -Recipient or Loan Recipient's Services, including Contractor, Sub -Recipient or Loan Recipient's Subcontractors. Results of any evaluation may be made available to Contractor, Sub -Recipient or Loan Recipient upon request. 34.2: REVIEW: The State Entity reserves the right to perform plan checks, plan reviews, other reviews, and for comment upon the Services of Contractor, Sub -Recipient or Loan. Such reviews do not waive the requirement of Contractor, Sub -Recipient or Loan Recipient to meet all of the terms and conditions of this Contract. 35. STANDARD OF CARE: The Services of Contractor, Sub -Recipient or Loan Recipient and its Subcontractors shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude, and complexity of the Services that are the subject of this Contract. Contractor, Sub -Recipient or Loan Recipient shall be liable to the State Entity and State for claims, liabilities, additional burdens, penalties, damages, or third party claims (e.g, another Contractor, Sub - Recipient or Loan Recipient's claim against the State), to the extent caused by wrongful acts, errors, or omissions that do not meet this standard of care. Page 339 of 390 9-3 New Business CO 13 C a) 13.0 Q 36. CONFIDENTIALITY: If Confidential Information is disclosed to Contractor, Sub -Recipient or Loan Recipient, Contractor, Sub -Recipient or Loan Recipient shall: (i) advise its agents, officers, employees, partners, and Subcontractors of the obligations set forth in this Contract; (ii) keep all Confidential Information strictly confidential; and (iii) not disclose any Confidential Information to any third parties. Contractor, Sub -Recipient or Loan Recipient will promptly notify the State Entity of any potential or actual misuse or misappropriation of Confidential Information. Contractor, Sub -Recipient or Loan Recipient shall be responsible for any breach of this duty of confidentiality, including any required remedies and/or notifications under applicable law. Contractor, Sub - Recipient or Loan Recipient shall indemnify, hold harmless, and defend the State Entity and the State, including anyone for whom the State Entity or the State is liable, from claims related to a breach of this duty of confidentiality, including any notification requirements, by Contractor, Sub -Recipient or Loan Recipient or anyone for whom the Contractor, Sub -Recipient or Loan Recipient is liable. Upon termination or expiration of this Contract, Contractor, Sub -Recipient or Loan Recipient will return all copies of Confidential Information to the State Entity or certify, in writing, that the Confidential Information has been destroyed. This duty of confidentiality shall be ongoing and survive the termination or expiration of this Contract. 37. PUBLICITY: Contractor, Sub -Recipient or Loan Recipient shall submit in writing to the State Entity for approval all advertising and publicity matters relating to this Contract. It is within the State Entity's sole discretion whether to provide approval for the publicity; the State Entity shall respond in writing. 38. CONTRACT INFORMATION: Contractor, Sub -Recipient or Loan Recipient shall provide information regarding job vacancies to the State Department of Workforce Services, which may be posted on the Department of Workforce Services website. Posted information shall include the name and contract information for job vacancies. This information shall be provided to the State Department of Workforce Services for the duration of this Contract. This requirement does not preclude Contractor, Sub -Recipient or Loan Recipient from advertising job openings in other forums throughout the State. 39. OWNERSHIP IN INTELLECTUAL PROPERTY: The State Entity and Contractor, Sub -Recipient or Loan Recipient agree that each has no right, title, interest, proprietary or otherwise in the intellectual property owned or licensed by the other, unless otherwise agreed upon by the parties in writing. All deliverables, documents, records, programs, data, articles, memoranda, and other materials not developed or licensed by Contractor, Sub -Recipient or Loan Recipient prior to the execution of this Contract, but specifically created or manufactured under this contract shall be considered work made for hire, and Contractor, Sub -Recipient or Loan Recipient shall transfer any ownership claim to the State Entity. 40. WAIVER: A waiver of any right, power or privilege shall not be construed as a waiver of any subsequent right, power, or privilege. 41. ATTORNEY'S FEES: In the event of any judicial action to enforce rights under this Contract, the prevailing party shall be entitled its costs and expenses, including reasonable attorney's fees incurred in connection with such action. 42. DISPUTE RESOLUTION: Prior to either party filing a judicial proceeding, the parties agree to participate in the mediation of any dispute. The State Entity, after consultation with the Contractor, Sub - Recipient or Loan Recipient, may appoint an expert or panel of experts to assist in the resolution of a dispute. If the State Entity appoints such an expert or panel, the State Entity and Contractor, Sub -Recipient or Loan Recipient agree to cooperate in good faith in providing information and documents to the expert or panel in an effort to resolve the dispute. Page 340 of 390 9-3 New Business 43. SURVIVAL OF TERMS: Termination or expiration of this Contract shall not extinguish or prejudice the State Entity's right to enforce this Contract with respect to any default or defect in the Services that has not been cured. 44. SEVERABILITY: The invalidity or unenforceability of any provision, term or condition of this Contract shall not affect the validity or enforceability of any other provision, term, or condition of this Contract, which shall remain in full force and effect. 46. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. Page 341 of 390 9-3 New Business ATTACHMENT B - PROGRAM GENERAL CONDITIONS PERMANENT COMMUNITY IMPACT FUND BOARD (Revised May 15, 2012) 1. Permanent Community Impact Fund Board Findings of Fact: The CONTRACTOR is an applicant under the Permanent Community impact Fund provisions contained in Section 35A-8 et seq UCA. Pursuant to the provisions of that Statute, and the powers and functions of the Permanent Community Impact Fund Board (the BOARD) hereby finds and determines, based upon the formal application of the CONTRACTOR, the evidence provided by the CONTRACTOR to the BOARD and its staff, and information developed by the BOARD in its own investigations and at the hearings on the application of the CONTRACTOR, the following, that: 1. Pursuant to Section 35A-8-305 et seq.UCA, the CONTRACTOR: 1. Is a State agency or subdivision; 2. Which is or may be socially or economically impacted, directly or indirectly, by mineral resource development; 3. That the monies sought by the CONTRACTOR are for planning, construction and maintenance of public facilities, or the provision of public services; 4. That the CONTRACTOR meets and complies with the criteria set by Statute and by the BOARD for the providing of money to applicants; 5. That the CONTRACTOR has been prioritized in comparison with other applicants, and the order of payment has been determined, and this contract is appropriate. 2. Pursuant to Section 35A-8-307 et seq.UCA, the BOARD has reviewed the usages of the funds allocated to the CONTRACTOR, and that the usages are within the proper purposes of Section 35A-8 et seq., and the Federal Mineral Leasing Act of 1920, 30 U.S.C. Section 191; and Pursuant to the Rules of the Permanent Community Impact Fund Board, Rule R990-8, the allocation of money to the CONTRACTOR is within the proper prioritization of the BOARD and meets all the criteria and requirements of the rules and statutes involved. 2. Payment by the STATE is subject to availability of state funds. 3. The CONTRACTOR shall notify the STATE in writing of any proposed modification to the Project which alters ATTACHEMENT D - SCOPE OF WORK and/or amount to ten percent (10.0%) or more of the total CONTRACT AMOUNT. If such notification is not received, the STATE reserves the right to disallow the cost of the proposed modification and to request return of its funds. This in no way should be construed so as to allow any surplus funds to be expended on items not related to the specifically approved project. 4. The CONTRACTOR shall comply with all laws which normally govern its affairs in regard to contracts, fiscal procedure, and fair bidding procedures. 5. If work on the project has not commenced within 90 days after having received final approval, then this contract may be canceled by written notice from the STATE to the CONTRACTOR. No work completed after receipt of the notice shall be reimbursable. The project must be completed within the specified contract period. g. In order for the STATE to comply with its duties under Section 9-8-404 et seq., CONTRACTOR agrees that if any district, site, building, structure, or specimen that is included in or eligible for inclusion in the National Register of Historic Places or the State Register ("cultural/paleontological resources") are discovered during the project the CONTRACTOR shall stop all construction on the project which may affect or impact the cultural/paleontological resources, notify the STATE of the discovery, and not proceed without further approval of the STATE, which approval may only occur after the STATE takes into account the effects of the project on cultural/paleontological resources, which may require or result in modification of the project. The CONTRACTOR further agrees that it shall notify the Utah Division of State History of the discovery and comply with all of the requirements of the Utah Division of State History, Including obtaining a permit, if necessary, prior to proceeding any further with those portions of the project which may affect or impact the cultural/paleontological resource. co a a) 13.1) Q Contractor agrees to comply with the fiscal reporting requirements in Utah Code Sections 51-2a-102 through 201.5, as amended. Page 342 of 390 9-3 New Business ATTACHMENT C — BUDGET Moab City COST SHARING Total Project Cost $ 3,852,229.00 Project Revenues Applicant Cash $ 450,000.00 Local Cash — Grand County/SITLA $ 775,000.00 Local In -kind — USU $ 1,173,988.00 State Grant $ 0.00 PCIFB Loan $ 727,000.00 PCIFB Grant $ 726,241.00 Total Revenues $ 3,852,229.00 BUDGET 1. Construction 1. $ 2,063,101.00 2. Construction Contingency 2. 253,144.00 3. Engineer/Architect 3 421,636.00 4. Special Studies 4. 124,348.00 5. Land/Rights-of-Way/Water Rights 5. 990,000.00 6. Equipment 6. 0.00 7. Administration 7. 0.00 TOTAL $ 3,852,229.00 Page 343 of 390 9-3 New Business AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 25, 2017 Agenda item #: 9-4 Title: Approval of Budgeted Contract for Hydrologic and Environmental System Analysis of the Moab Valley Watershed/Aquifer, and Water Source Protection Plan Updates Fiscal Impact: Not to exceed $50,000.00 Staff Presenter(s): David Everitt Department: Administration 1 Background/Summary: At the March 14, 2017 City Council meeting, Hydrologic Systems Analysis, LLC was selected to execute the analysis of the Moab Valley Watershed/Aquifer, and to complete Water Source Protection Plan Updates for the City's wells and springs. For approval is the budgeted contract for the above -named services. Options: Approve Staff Recommendation: Approve Recommended Motion: I moved to approve a contract with Hydrologic Systems Analysis, LLC for the Approval of Budgeted Contract for Hydrologic and Environmental System Analysis of the Moab Valley Watershed/Aquifer, and Water Source Protection Plan Updates Not to exceed $50,000.00 Attachment(s): Contract Agenda Page 344 of 390 9-4 New Business CONTRACT FOR PROFESSIONAL SERVICES Hydrologic and Environmental System Analysis of the Moab Valley Watershed/Aquifer THIS CONTRACT is made and entered by and between the City of Moab (City) and Hydrologic System Analysis, LLC, a Colorado limited liability company (Contractor). 1. Term. The term of this contract is for a period of eighteen (18) months from the date of execution by all parties. At the expiration of the initial term, the Contract may be extended for an additional term by the express written consent of both parties. It is expressly agreed that funding for the project contemplated by this Contract beyond the completion of the current fiscal year (through June 30, 2017) is contingent upon continued appropriations being approved by the Moab City Council as part of the 2017-2018 budget [See also Section 18 below]. 2. Contractor's Obligations. Contractor shall complete the following, which is more specifically described in the scope of work attached hereto as Exhibit A and incorporated into this contract: 1) Perform a Hydrologic and Environmental System Analysis (HESA) of the Spanish Valley/La Sal Mountain/Sand Flats (SLS) area, supported by GIS databases and maps, to develop an comprehensive and updated understanding of hydrogeologic and hydrologic characteristics of the groundwater system, using currently available data and published analyses; 2) Collect hydrological, hydrogeological and other data necessary to construct a water budget for the SLS area, and develop an as -accurate -as -possible water budget for the SLS area or the region affecting the City's springs and wells; and 3) Update three water source protection plans, one for the City's Skakel Spring, one for the City's Springs 1, 2, and 3), and one for the City's wells (Wells 4, 5, 6, 7, and 10). 3. Compensation and Expenses, Invoicing, Payment and Offset. The City shall compensate Contractor for its services in accordance with the Project. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed a firm, fixed -price sum of forty nine thousand five hundred dollars ($49,500.00) for all services rendered. By written amendment the City and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project at the submittal of the deliverables as described in Exhibit A, with payment expected within thirty (30) days of invoice, but any payment by the City may be offset by any amount the Contractor owes the City for any reason. 4. City's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this contract shall be the property of the City. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns -to City the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. 5. City's Obligations. The City Representative for purposes of this Contract shall be the City Agenda Page 345 of 390 9-4 New Business Manager, David Everitt. The services provided and products delivered by the Contractor under this contract will be subject to review by the City's Representative, or a designee, for compliance with Contractor's obligations prior to final payment. 6. Termination Prior to Expiration of Contract Term. The City has the right to terminate this contract, with or without cause, by giving written notice to the Contractor of such termination. Documents, data, studies, and reports prepared by the Contractor pursuant to this Contract as of the date of termination shall be the City's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor. 7. Independent Contractor Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent Contractor. Contractor, and any agents, employees, or servants of Contractor shall not be deemed to be employees, agents, or servants of City of Moab. B. Contractor is not required to offer his services exclusively to City of Moab under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this Contract. C. Contractor warrants that all work or other activities undertaken under this Contract will conform to all applicable industry standards of care, skill, and diligence. Contractor shall exercise reasonable care to assure that its activities undertaken under this Contract will be conducted in a manner so as to not cause property damage or injury to other persons. Contractor shall utilize particular care to avoid causing damage or contamination to water resources or geologic strata which may be encountered in the course of its professional services. D. Contractor is not entitled to any Workers' Compensation benefits through City of Moab and is responsible for payment of any federal, state, FICA and other income taxes. 8. Assignability. This Contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must be accepted in writing by the City. 9. Alternative Dispute Resolution. Any disputes arising out of this Contract shall be submitted to mediation prior to either party filing a cause of action in a court of competent jurisdiction. Mediation services shall be performed by any competent mediator that is mutually agreed to by the parties and the cost (exclusive of attorney costs) shall be shared equally by the parties. Agenda Page 346 of 390 9-4 New Business 10. Severability. In the event that any provision of this Contract shall be held to be invalid or unenforceable, it shall be stricken, and the remaining provisions of this Contract shall remain in full force and effect. 11. Integration and Modification. A. This Contract represents the entire and integrated contract between the City and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the City and the Contractor. B. The City may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the City and the Contractor, shall be in writing and upon execution shall become part of this contract. 12. Indemnity. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the City of Moab and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, wrongful act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the City on account of the Contractor's acts, errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the negligence or wrongful act of the City or its employees. 13. Insurance. A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the City such insurance policies, from duly licensed insurance companies as will protect itself, the City, and others as specified from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: 1. —X- Statutory Workers' Compensation 2. -X- Commercial General Liability - ISO 1998 Form or equivalent (With City of Moab named as additionally insured) -X- Each Occurrence Limit $1,000,000.00 -X- General Aggregate Limit $2,000,000.00 Agenda Page 347 of 390 9-4 New Business -X- Products/Completed Operations Aggregate Limit $2,000,000.00 3. Comprehensive Form (All risks) to include [place X by applicable provisions]: - X- Premises/Operations Underground, Explosion & Collapse Hazard - X- Products/Completed Operations - X- Contractual Liability - X- Independent Contractors and Subcontractors - X- Broad Form Property Damage - X- Personal Injury 4. Business Auto Coverage: - X- Combined Single Limit Liability (each accident) $1,000,000.00 5. Special Coverages (check as appropriate and insert amount): Performance Bond Labor and Material Payment Bond Professional Errors and Omissions Aircraft Liability Owner's Protective Builder's Risk Boiler and Machinery Loss of Use Insurance - X- Pollution Liability Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. To provide evidence of the required insurance coverage, copies of Certificates of Insurance in a form acceptable to the City shall be filed with the City through the representative identified in Paragraph 5, no later than ten (10) calendar days prior to commencement of operations affecting the City. Failure to file or maintain acceptable Certificates of Insurance with the City is agreed to be a material breach of any contract. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the City. (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy Agenda Page 348 of 390 9-4 New Business limits as set out in the then -current policy declarations page). 2. Certificates of Insurance for all renewal policies shall be delivered to the City's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. 3. The City reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. 14. Exemptions and Preferences. Contractor shall be solely responsible for payment of any applicable sale or use taxes incurred in the performance of its services under this Contract. 15. Applicable Law and Venue. This Contract is governed by Utah law. The exclusive venue for any dispute arising from this Contract shall be the Seventh Judicial District Court, Grand County, Utah. 16. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract beyond the mediation described in Paragraph 9, the substantially prevailing party shall be entitled to recover its costs and reasonable attorney's fees. 17. Governmental Immunity. Contractor agrees and understands that City of Moab does not waive, by any provision of this contract, the monetary limitations or terms, or any other rights, immunities, and protections provided by the Utah Governmental Immunity Act, U.C.A. 63G-7- 101, et seq. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the City for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the City or its agent or employees. 18. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of City of Moab. City's obligations under this contract are subject to City's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of City of Moab. No provision of the contract shall be construed or interpreted as creating a multiple -fiscal year direct or indirect debt or other financial obligation of City of Moab within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate City of Moab to make any payments beyond those appropriated for City's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of City of Moab's moneys, nor shall any provision of this contract restrict the future issuance of City's bonds or any obligations payable from any class or source of City's money. 19. Notice. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: Agenda Page 349 of 390 9-4 New Business A. To City of Moab: City Manager David Everitt 217 East Center Street Moab, Utah 84532 deveritt@moabcity.org B. To Contractor: Kenneth E. Kolm Hydrologic Systems Analysis, LLC 128 Burgess Ave. Golden, CO 80401 kkolmhsallc@gmail.com THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Agenda Page 350 of 390 9-4 New Business The parties have executed this Contract as of the date(s) set forth below. CONTRACTOR: By: Kenneth E. Kolm, President Date CITY OF MOAB: By: David A. Sakrison, Mayor Date Attest: By: Rachel Stenta, Recorder Date Attachments: Exhibit A --Proposal Agenda Page 351 of 390 9-4 New Business Hydrologic Systems Analysis, LLC Ilvdrologic and Environmental S°vstcrms Date: January 26, 2017 Kenneth E. Kolm, Ph.D. President and Senior Hydrogeologist Hydrologic and Environmental Systems Specialist 128 Burgess Ave. Golden, CO 80401 USA Tciclrli011c: 303 842 3752 Finail: kkolmhsalIc ii?gmail.corn Eve Tallman Moab City Recorder's Office 217 East Center Street Moab, Utah 84532-2534 RE: Proposal to the City of Moab Item: Hydrologic and Environmental System Analysis of the Moab Valley Watershed/Aquifer: A Three -Phase Integrated Approach to Understanding and Characterizing the Hydrologic/Groundwater System, Determining the Water Budget for the Hydrologic System Affecting the City of Moab, and Updating the Water Source Protection Plans for the City's Springs (Skakel Spring, and Springs 1, 2, and 3), and the City's wells (Wells 4, 5, 6, 7, and 10). Dear Ms. Tallman, It is with great pleasure that Hydrologic Systems Analysis, LLC. Golden, Colorado (HSA), in Conjunction with Heath Hydrology, Inc., Boulder, Colorado (HHI) is submitting the enclosed proposal: Hydrologic and Environmental System Analysis of the Moab Valley Watershed/Aquifer: A Three -Phase Integrated Approach to Understanding and Characterizing the Hydrologic/Groundwater System, Determining the Water Budget for the Hydrologic System Affecting the City of Moab, and Updating the Water Source Protection Plans for the City's Springs (Slcakel Spring, and Springs 1, 2, and 3), and the City's wells (Wells 4, 5, 6, 7, and 10), complete with project cost and time -line for the successful execution of the project. Resumes for the chief personnel, Dr. Kenneth E. Kolm, President of HSA, LLC. and Senior Hydrogeologist, and Paul van der Heijde, President of HHI, Inc. and Senior Hydrologist, are provided. This proposal is submitted to the City of Moab, Utah, in response to the RFP issued by the City of Moab on January 20, 2017, for a study of the hydrogeologic framework, and hydrologic/groundwater system in the Moab Valley Region, Grand and San Juan Counties, Utah, including adjacent groundwater recharge, flow system, and discharge areas and surface water streams in the La Sal Mountain/Sand Flats Region (see Figure 1 Agenda Page 352 of 390 9-4 New Business in the proposal). HSA, in conjunction with HHI (in this proposal referred to as HSA/HHI), proposes to: 1) Perform a Hydrologic and Environmental System Analysis (HESA) of the Spanish Valley/La Sal Mountain/Sand Flats (SLS) area, supported by GIS databases and maps, to develop an comprehensive and updated understanding of hydrogeologic and hydrologic characteristics of the groundwater system, using currently available data and published analyses; 2) Collect hydrological, hydrogeological and other data necessary to construct a water budget for the SLS area, and develop an as -accurate - as -possible water budget for the SLS area or the region affecting the City's springs and wells; and 3) Update three water source protection plans, one for the City's Skakel Spring, one for the City's Springs 1, 2, and 3), and one for the City's wells (Wells 4, 5, 6, 7, and 10). A forth phase may entail a possible deliverable to be negotiated beyond the scope of this Proposal, which is to update the 2010 Drinking Water Source Protection Plan for the Lionsback Master Planned Development Project. The three -phased deliverables would be completed in 18 months upon the commencement of the project with the billing in increments of Phase 1: $20,000; Phase 2: $10,000; and Phase 3: $19,500 ($49,500 total) based on the completion and acceptance by the City of Moab of each phase. This work can be accomplished with this comparably reduced budget and in a relatively short time because the PIs have over 30 years of experience in the Moab, Utah region (academic, government, and private), the effectives of the HESA/GIS approach pioneered by the PIs, and much of the initial data collection that has occurred during the Town of Castle Valley study over the last three years. All of the HSA/HHI reports provided to our past clients are available on the Heath Hydrology web site: jittp://www.heath-hyclrologv.cam/html/publications.htrnI. Please let us know if additional information, such as references, tax identification, and Proof of Insurance, needs to be provided. HSA, LLC is registered with the State of Colorado. Thank you for your consideration. Sincerely, Kenneth E. Kolm Kenneth E. Kolm, President Email: kkolmhsallc(,gmail.com Agenda Page 353 of 390 9-4 New Business PROPOSAL Hydrologic and Environmental System Analysis of the Moab Valley Watershed/Aquifer: A Three -Phase Integrated Approach to Understanding and Characterizing the Hydrologic/Groundwater System, Determining the Water Budget for the Hydrologic System Affecting the City of Moab, and Updating the Water Source Protection Plans for the City's Springs (Skakel Spring, and Springs 1, 2, and 3), and the City's wells (Wells 4, 5, 6, 7, and 10) by: Hydrologic Systems Analysis, LLC. Golden, Colorado in Conjunction with Heath Hydrology, Inc., Boulder, Colorado January 26, 2017 This proposal is submitted in response to the RFP issued by the City of Moab, Utah on January 20, 2017 for a study of the hydrogeologic framework, and hydrologic/groundwater system in the Moab Valley Region, including the La Sal Mountain/Sand Flats Region, Grand and San Juan Counties, Utah (see Figure 1) and the preparation of a water budget in support of management decisions including water supply and allocation, water quality protection, and watershed protection for the springs and wells under the current jurisdiction of the City of Moab (see Figures 1 and 2). We propose to: 1) perform a Hydrologic and Environmental System Analysis (HESA) of the Spanish Valley/La Sal Mountains/Sand Flats (SLS) area, supported by GIS databases and maps of hydrogeologic and hydrologic characteristics of the groundwater and surface water systems; 2) collect available hydrologic, hydrogeologic and other data necessary to construct a water budget for the SLS area, and develop an as -accurate -as -possible water budget for the SLS area or the region affecting the City's springs and wells; and 3) update three water source protection plans, one for the City's Skakel Spring, one for the City's Springs #1, 2, and 3, and one for the City's wells (Wells 4, S, 6, 7, and 10). A possible deliverable to be negotiated beyond the scope of this Proposal is to update the 2010 Drinking Water Source Protection Plan for the Lionsback Master Planned Development Project, which is more readily accomplished after the completion of the HESA, water budget, and the update of the three water source protection plans. Project Background Hydrologic Systems Analysis, LLC of Golden, Colorado (HSA), in conjunction with Heath Hydrology, Inc. of Boulder, Colorado (HHI), has developed the Hydrologic and Environmental System Analysis (HESA), a method that integrates all types of physical, chemical and biological information to derive a conceptual understanding of the various components of hydrological and environmental systems and their interactions, supported by maps and databases organized in a Geographical Information System (GIS). HESA has been codified in ASTM Standard Guide City of Moab, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 1 of 7 Agenda Page 354 of 390 9-4 New Business D5979-1996 (2008). Over a period of more than ten years, this method has been applied in a series of projects to develop a basic understanding of the groundwater resources of Pitkin County, Colorado. In 2012-2015, this method was applied to the Oak Mesa, the North Fork Valley, the Surface Creek, and the Uncompaghre River/Gunnison River areas in Delta County, Colorado as Phases 1, 2, 3, and 4 in developing a basic understanding of the groundwater resources of Delta County and providing county staff with an overview of the availability and sustainability of groundwater supplies in the county, as well as the vulnerability of the groundwater resources to contamination, especially as related to urbanization, the development of organic farming, the potential effects of drilling for and exploitation of natural gas, and the mining of coal. In 2014-2016, this method has been applied to Castle Valley, Utah to perform a hydrologic assessment of the watershed and groundwater system for the Town of Castle Valley, Grand County, Utah resulting in a better understanding of the availability and sustainability of the water resources for the Town of Castle Valley, and a preliminary water budget in support of watershed management issues including water supply and allocation, water quality and protection, and watershed protection. The approach has also been applied successfully in other municipalities and public entities to evaluate the interaction between groundwater and wetlands, the vulnerability of protected cave resources for contamination from the surface, and the effects of mining operations on groundwater. The Pitkin County, Delta County, and Town of Castle Valley projects resulted in a set of reports and GIS (Geographical Information System) maps with supporting databases documenting the various hydrologic subsystems in those administrative entities, and ultimately in consistent and continuous GIS maps of various hydrologic and hydrogeologic characteristics. The products resulting from these studies assist local government staff and the public in identifying, among others, locations where groundwater resources are: (i) available in reasonable, sustainable quantities, at reasonable depths; (ii) vulnerable to contamination from surface and near -surface sources; (iii) contributing significantly to the runoff of streams, to aquifers that are recharged by streams, and to groundwater -fed wetlands; and (iv) sensitive to land use changes and natural resources exploration and exploitation. This information is useful for drinking water source protection plans (groundwater and surface water), valley -wide watershed planning and management, and municipal well siting applications, among others. Proposed Project In response to the RFP issued by the City of Moab on January 20, 2017, this proposal is submitted to the City of Moab, Utah for a study of the hydrogeologic framework, and hydrologic/groundwater system in the Moab Valley Region, Grand and San Juan Counties, Utah, including adjacent groundwater recharge, flow system, and discharge areas and surface water streams in the La Sal Mountain/Sand Flats Region (see Figure 1). This project includes a HESA Analysis with supporting GIS databases, the preparation of a water budget for the hydrologic system affecting the City of Moab, and the update of three water source protection plans, one for the City's Skakel Spring, one for the City's Springs 1, 2, and 3, and one for the City's wells (Wells 4, 5, 6, 7, and 10) (see Figures 1 and 2). A possible deliverable to be negotiated beyond the scope of this Proposal is to update the 2010 Drinking Water Source Protection Plan for the Lionsback Master Planned Development Project, which is more readily accomplished after the completion of the HESA, water budget, and the update of the three water source protection plans. City of Moab, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 2 of 7 Agenda Page 355 of 390 9-4 New Business HSA, in conjunction with HHI (in this proposal referred to as HSA/HHI), proposes to: 1) Perform a Hydrologic and Environmental System Analysis (HESA) of the Spanish Valley/La Sal Mountain/Sand Flats (SLS) area, supported by GIS databases and maps, to develop an comprehensive and updated understanding of hydrogeologic and hydrologic characteristics of the groundwater system, using currently available data and published analyses; 2) Collect hydrological, hydrogeological and other data necessary to construct a water budget for the SLS area, and develop an as -accurate -as -possible water budget for the SLS area or the region affecting the City's springs and wells; and 3) Update three water source protection plans, one for the City's Skakel Spring, one for the City's Springs 1, 2, and 3), and one for the City's wells (Wells 4, 5, 6, 7, and 10). The approximate study area is shown in Figure 1 and is based, in part, on the extent of the hydrogeological systems present (Glen Canyon Aquifer, shallow and deep unconsolidated aquifers, contributing watersheds, potential recharge areas, among others). The results of this study will be documented in narrative form (i.e., a report with hydrological and hydrogeological maps, hydrogeological cross -sections, Google Earth illustrations, and landscape photographs), a set of hydrogeological and hydrological GIS maps with supporting databases, a quantitative water budget for the water resources of concern for the City of Moab, and three updated water source protection plans for the City's springs and wells. Project Approach Due to time and budget constraints, the proposed project is divided in three phases. The first phase of the project focuses on producing the conceptual site model (CSM) of the hydrologic system present, illustrated with maps, cross -sections, Google Earth views and landscape photographs. To this purpose HSA/HHI will conduct a comprehensive HESA using existing, publicly available information and based on visual, on -site evaluations by the project team. HESA will be based, in part, on previously published, or otherwise available public information and will include a scoping site visit to the study area; no additional fieldwork is planned. The HESA will delineate and describe the hydrologic units of the hydrologic/groundwater system, location and type of boundaries, areas of recharge and discharge, groundwater flow patterns, anthropogenic effects on the groundwater system, and the interaction between groundwater and surface water. In this phase, GIS databases using the ARCGIS/ARCMAP GIS software system will be collected and developed in support of the HESA and to prepare the maps used in the phase 1 report. In the second phase of the project all necessary and available data and information needed to construct a water budget for regions affecting the City's wells and springs will be gathered by HSA/HHI from State and local sources, and a comprehensive water budget for the SLS area or the region affecting the City's springs and wells will be prepared. The area for which the water budget will be developed will be determined as a result of the HESA conducted in phase 1 and the data collection of this phase. This phase requires site visits to meet with the City's leaders and staff and the results will be highly dependent on the availability of non -published, local data and cooperation with the City in obtaining them. This water budget will allow the City to efficiently address water management issues, including water supply and allocation, water quality protection, and watershed protection. The summary report for this phase will include a City of Moab, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 3 of 7 Agenda Page 356 of 390 9-4 New Business description, discussion and source identification of the data used in developing the water budget, as well as a discussion of the uncertainties in the water budget components. The third phase will focus on completing two groups of updated source protection plans, one for the City's springs (Skakel Spring, and Springs 1, 2, and 3), and one for the City's wells (Wells 4, 5, 6, 7, and 10). The deliverables will be these updated water source protection plans in the format required by the State of Utah Department of Environmental Quality Division of Drinking Water (January 2007 based on Rules of April 2005). This phase is dependent on the completion of phase 1 and may benefit from the completion of phase 2. The forth phase may entail a possible deliverable to be negotiated beyond the scope of this Proposal, which is to update the 2010 Drinking Water Source Protection Plan for the Lionsback Master Planned Development Project. This negotiated Phase 4 is more readily accomplished after the completion of the Phase 1 HESA, Phase 2 water budget, and the Phase 3 updates of the two groups of water source protection plans. Project Team The project team consists of Dr. Kenneth E. Kolm, President and Senior Hydrogeologist, Hydrologic Systems Analysis, LLC., of Golden, Colorado; and Mr. Paul K.M. van der Heijde, President and Senior Hydrologist, Heath Hydrology, Inc., of Boulder, Colorado. Please see accompanying resumes. Project Schedule, Deliverables and Payment Terms We request that the City of Moab shall pay HSA a firm fixed price of $20,000.00 for and upon the completion of phase 1, a firm fixed price of $10,000.00 for and upon the completion of phase 2, and a firm fixed price of $6,000 for and upon the completion of each of the 3 water source protection plans in phase 3 ($18,000) plus $1,500 upon the completion of final presentation to the city, as described above, for a total of $49,500.00. HSA, with HHI as subcontractor, will produce the following deliverables: • Phase 1: Electronic versions of the report on HESA results and GIS maps and databases, and the prepared GIS maps and databases. • Phase 2: Electronic versions of the summary report on the development of a water budget for the SLS area, or the region affecting the City of Moab's springs and wells within the SLS area, and supporting data. • Phase 3: Electronic version of the updated three water source protection plans for the City's springs and wells. In addition, HSA/HHI will make a presentation on its findings upon completion of each phase at a location determined by the City of Moab, Utah. HSA will operate as an independent contractor to the City of Moab, Utah, and HHI will be operating as an independent subcontractor through HSA. City of Moab, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 4 of 7 Agenda Page 357 of 390 9-4 New Business HSA/HHI, proposes that each phase of this project will be completed within six months after approval by the City of Moab. This time schedule may be modified for budgetary or other reasons in consultation with the City of Moab and after appropriate contractual arrangements or modifications. Deliverables & Payment Terms: 1) Electronic versions of the HESA report and GIS data bases. DATE DUE: 6 months after Effective Date. MILESTONE PAYMENT: $20,000.00 of the firm fixed price will be paid upon acceptance of this deliverable by the City of Moab, Utah. 2) Electronic versions of the report on the development of a water budget for the SLS area, and supporting data. DATE DUE: 6 months after receipt of City of Moab, Utah approval of the deliverable specified in #1. MILESTONE PAYMENT: $10,000.00 of the firm fixed price will be paid upon acceptance of this deliverable by City of Moab, Utah. 3) Electronic version of the updated source protection plans, one for the City's Skakel Spring, one for the City's Springs 1, 2 and 3, and one for the City's wells, the updated Lionsback plan will be negotiated as a separate line item; and overview presentation to the City and in-depth presentation to City staff at a location determined by the City of Moab, Utah. DATE DUE: 6 months after receipt of City of Moab, Utah approval of the deliverable specified in #2. DATE(S) of Presentation: TBD by mutual agreement of the parties. MILESTONE PAYMENT: The remainder of the firm fixed price of $19,500.00 will be paid as $6,000 upon acceptance of each of the 3 updated water source protection plan deliverables by City of Moab, Utah and $1,500 upon the completion of the presentation. Additional work may be requested of the contractor by the City at any time if additional funding becomes available and a mutual agreement/contract amendment modification is reached by the City and HSA. City of Moab, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 5 of 7 Agenda Page 358 of 390 9-4 New Business 1L "sti�l f • :I .�' '' ti N—..Arii0 Sall Wash-CUioradC.1 FRluer Ndgrp13r11 Canyon-C*040a We/ Gly of Moab Wel it Spring Saes i ! SGID93 -- Watersheds lu� SGID93 -- Muniopalilies SGID93 — Grand County Boundary —SGID93•UDOT Maier Roads - Grand County _ — SGID93•UDOT Major Roads - San Juan County SGID93 --All Streams - Grand Counly --- SGID93 .-AII Streams - San Juan County t - _� SGID93 -- Lakes - Grand County L- SGID93 — Lakes - San Juan County SGID93 — Shalow Ground Water - Grand Counly SGI093 -- Shallow Ground Waler - San Juan County I torso •Cfeoh-44 i -Gf Upper Pack Creek ti Grand Counly San Jean Counfy Figure 1: City of Moab Project Area, Grand County, Utah with Spanish Valley, Sand Flats, Mill and Pack Creek Watersheds, and Southwestern La Sal Mountains, Buildup Areas, and Shallow Aquifer, and Location of City of Moab Springs and Wells. City of Moab, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 6 of 7 Agenda Page 359 of 390 9-4 New Business Figure 2: City of Moab Springs and Wells in the Vicinity of the Golf Course. City of Moab, Utah Groundwater Study Proposal [HSA/HHI January 26, 2017] Page 7 of 7 Agenda Page 360 of 390 9-4 New Business KENNETH E. KOLM 1 RESUME KENNETH E. KOLM (1) President and Senior Hydrogeologist Hydrologic Systems Analysis, LLC 128 Burgess Ave Golden, Colorado 80401 Telephone: (303) 842 3752 (cell) Email: fckolmhsallc(i4gmaiI.com kkolm@mines.edu (2) Associate Professor Emeritus Division of Environmental Science and Engineering Colorado School of Mines Golden, Colorado 80401 Email: kkotm@rnines.edu Education: • B.S. Lehigh University, 1973; Geological Sciences. • M.S. University of Wyoming, 1975; Geology. Special emphasis in Geomorphology, Environmental Geology, Remote Sensing, and Low -Temperature Geochemistry. • Ph.D. University of Wyoming, 1977; Geology. Special emphasis in Remote Sensing and Process Geomorphology. Minor in Ecology. Post -Doctoral Education: Colorado State University - Short Course on The Fluvial System with Applications to Econornic Geology (4.0 CEU), March 1980. South Dakota School of Mines and Technology - Nongraded (1980 - 1981): Statics/Strengths/Fluid Mechanics: 8 hours; Open Channel Flow (Graduate Level): 3 hours. Passed the Engineer -In -Training (E.I.T.) Examination (1983). Colorado School of Mines — (1982): Soil Mechanics/Rock Mechanics: (6 hours). University of Wisconsin, Madison - Ground -water Computer Models Short Course (5.0 CEU), July 1982. Topics included: Computer -based numerical methods, including finite - difference and finite -element techniques, for modeling ground -water flow and mass transport. Agenda Page 361 of 390 9-4 New Business KENNETH E. KOLM 2 Colorado School of Mines - Economic Evaluation and Investment Decision Methods Short Course (5 days), December 1982, Topics included: time value of money (present, future and annual worth), rate and growth rate of return analysis, inflation handling of economic analysis, depreciation, leverage concepts, replacement analysis, and cost/benefit ratio analysis. National Water Well Association - Water Well Construction and Design Short Course (3 days), December 1983. Topics included: drilling methods, casing and screening methods and materials, geophysical methods, well rehabilitation, construction and design. University of Wisconsin, Madison - Modeling Pollutant Movement in Ground Water (4.0 CEU), February 1985. Topics included: contaminant transport models, advective/dispersive models and chemical reactions, cell models and dispersivity tests. Colorado Ground -water Association - Borehole and Surface Geophysics Workshop (1 day), April 1985. Topics included: borehole analysis, log correlations and analytical techniques as applied to ground -water problems. Employment History: January 1998 — Present: Hydrologic Systems Analysis, LLC President and Manager; Senior HUdrogeologistlHydr•ologic and Environmental Systems Specialist: Conduct hydrologic and environmental consulting work and project review regarding Hydrologic and Environmental Systems Analysis (HESA) applied to engineering and environmental problem solving. Serve as an expert in the fields of hydrogeology, geomorphology, and hydrologic and environmental systems analysis, with emphasis on groundwater and surface water science and engineering, wetlands environments, expedited environmental site characterization and remediation, and watershed and ecosystem characterization, management, and restoration. Develop and apply the integrated Hydrologic and Environmental Systems Analysis (HESA) for mine and resource development and mined -land restoration, municipal management of groundwater system supply and pollution, watershed and site -scale pollution prevention and superfund cleanup, and water rights and water quality expert witness and litigation support. Recent projects include applying HESA to municipal and county -wide assessments of water supply and protection (Town of Castle Valley, Utah; Delta County, CO); to wetlands (Town of Breckenridge, CO), watersheds (Pitkin County and the Central Roaring Fork Basin, CO), groundwater basins (Chaffee county); mined sites and mine tailings sites (Zortman and Landusky mines, Ft. Belknap Indian Reservation, MT; Homestake Uranium mill tailings site, Milan, NM), and repository sites (WIPP nuclear waste site in Carlsbad, NM). Responsibilities include budget management, personnel coordination and general company promotion; make formal presentations and participate in public and legal hearings. Subcontract with Heath Hydrology, Inc. and Sundance Environmental and Energy Specialists, Ltd. Agenda Page 362 of 390 9-4 New Business Paul K.M. van der Heijde Senior Groundwater Scientist Independent Consultant Curriculum Vitae 4040 Greenbriar Blvd., Boulder, Colorado 80305, USA phone: (303) 917-6986 (cell) or (303) 499-2586 (home) Email: pvdhriOheath-hvdrolotr,y.cosn or pvdh@comcass.net EDUCATION: M.S. Civil Engineering, 1977, Technical University Delft, The Netherlands (subspecialties: water resources management, hydrology, and hydraulic engineering). SUMMARY OF PROFESSIONAL EXPERIENCE: Paul van der Heijde is president and co-owner of Heath Hydrology, Inc., Boulder, Colorado. He has more than 35 years experience as groundwater hydrologist, water resources analysis and planning specialist, and groundwater modeler. He has worked for the Dutch National Applied Scientific Research Organization TNO in Delft, The Netherlands; the Holcomb Research Institute at Butler University in Indianapolis, Indiana; the Colorado School of Mines in Golden, Colorado; and as a private consultant in the environmental and water resources management sectors throughout the United States. Since early 2008, he has also been working as a part-time linguistic software tester, web site reviewer, translator and editor in his spouse's translations business "DutchWorks Translations". Mr. van der Heijde, well-known for his work in groundwater modeling, has extensive experience in hydrologic system conceptualization, model construction, model application, modeling quality assurance, and modeling review. As the Director of the International Ground Water Modeling Center for 15 years, Mr, van der Heijde participated in many study groups, expert and review panels, and seminars on groundwater modeling, and reviewed a large number of groundwater modeling research studies and programs, as well as numerous model applications. Mr. van der Heijde has consulted and provided expert testimony for the insurance industry regarding oil pollution of soil and groundwater beneath refineries, and soil and groundwater contamination at landfills, industrial and mining sites, and former manufactured gas plants in litigation proceedings. This included aspects of hydrology, hydrogeology, site characterization, monitoring, plume definition, groundwater flow and transport of various chemicals, pathway analysis, groundwater -surface water interaction, NAPL migration, remediation, unsaturated/ saturated flow and transport modeling, natural resource damage assessment, forensic hydrology, statistics, and risk assessment. Mr. van der Heijde has also consulted regarding hydrological and hydrogeologic analysis and modeling for groundwater resources assessment, mine pit dewatering and aquifer storage schemes for water supply, land use management, permitting, and rezoning with emphasis on conceptualization, model construction, visualization of model results, and efficient communication of findings. He has performed various studies with respect to groundwater resources availability, vulnerability, and sustainability; the application of data analysis methods, GIS, and visualization technologies in groundwater studies; and investigations of cause, extent, migration, and remediation of soil and groundwater contamination. Paul van der Hcijdc — Short CV 12/1/2016 page l Agenda Page 363 of 390 9-4 New Business Agenda Summary Sheet Council Meeting Date: April 25, 2017 #:9-6 Title: 2017 Crack Sealant Project Award Fiscal Impact: $ 23,504 Staff Presenter(s): Patrick Dean Department: Public Works Applicant: N/A CMITYOA„OAB Background/Summary: This is a request to enter into a contract with Superior Asphalt, L.C. for the purpose of providing and installing 16 tons of Bituminous Crack Sealant. The City has used Superior Asphalt LC. In the recent past and we have had nothing but favorable results and a good working relationship with this company. BIDDERS LIST: Advanced Paving and Construction Ridge Rock Inc. Bonneville Asphalt and Repair Top Job Spartan Asphalt Superior Asphalt AM PM $35,680.00 48,000.00 31,200.00 29,216.00 43,093.04 23,504.00 44,400.00 Work Schedule to be as follows: Beginning of work on May 1, 2017, with completion of work to be no later than May 22, 2017 Options: Approve, deny, or modify. Staff Recommendation: Public Works staff recommends awarding of the 2017 Crack Sealant project to Superior Asphalt LC in the amount of $ 23,540.00. Recommended Motion: "I move to approve item # X-X" Attachment(s): Agenda Page 364 of 390 9-6 New Business City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Moab City Council From: Public Works Department Date: 4-6-20 l 7 Re: 20I7 Roadway Crack Sealant Project c 0 las MOAB Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kasen Jones Tawny Knuteson-Boyd Dear Mayor and City Council Members, This is a request to enter into a contract with Superior Asphalt, LC for the purpose of providing and installing 16 tons of Bituminous Crack Sealant. We have used Superior Asphalt in the recent past and we have had nothing but Favorable results and a good working relationship with this company. BIDDERS LIST: Advanced Paving and Construction Ridge Rock Inc. Bonneville Asphalt and Repair Top Job Spartan Asphalt Superior Asphalt AM PM $35,680.00 48,000.00 3 l ,200.00 29,216.00 43,093.04 23,504.00 44,200,00 Superior Asphalt is the lowest bidder. We Would like to recommend that you award this 2017 Crack Sealant Project, to Superior Asphalt in the amount of $ 23,504.00. Work Schedule to be as follows: Beginning of work to be on the May 8th, 2017 Completion of work to be on the May 22, 2017 This Will befit work with any of the scheduled events for this season. We will request that all work be performed during the week day so as not to disturb our weekend visitors. Thanks you for your continued help and support, Patrick Dean Public Works Director Moab City, UT 84532 435-260-7619 Agenda First EPA Green Power Community in the Nation Page 365 of 390 9-6 New Business ft,e a e: o e d 1.a4e1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Crack Sealant Project 3/23/2017 9:00 Name Amount A av WYiced 19w.►,'() 7 4rd Consigvc.1 Fo n 4 3 ‘,640. 0 6 eit-Lta'R; dr, Rat,14 zit.- 4 41$ l000 . o a 0041+ CJ; Ile a302.4,61. ,‘,,d oeectr 4 31 izoo . co TmQ T. b $ 2/ Z lG. 60 � fp4-� P519614- s (451113.ot/ 54.10e-r:ar i4516tet1 � .123,So4.e0 1 "1 zoo. CD AM iomii Present at Bid Opening: Name: 4 c..rort 440 n 1 GI peJ Carnie 114_ az? ffeE 3/23/2017 Signature: City of Moab Recorder's Office Agenda Page 366 of 390 9-6 New Business CITY OF MOAB REQUEST FOR BIDS zon Roadway Crack Sealant Project MARCH ion City of Moab 217 East Center Street Moab, Utah 84532 (435) 259-5121 c) Agenda Page 367 of 390 9-6 New Business Proposals Due: Friday, March 17, 2017 3:00 P.M. Moab City Recorder's Office 217 East Center Street Moab, Utah 84532 (43S) 2594121 PROPOSAL/AGREEMENT 2017 ROADWAY CRACK SEALANT PROJECT MOAB, UTAH This PROPOSAL/AGREEMENT is made this day as listed below by the CONTRACTOR signed below WITNESSETH: That for and in consideration of the payments, covenants, and agreement stated herein: 1. CONTRACTOR shall contract with Moab City for thls work and will be subject to special provisions attached hereto. 2. CONTRACTOR agrees that he/she has examined the site and locality where the work is to be performed, the legal requirements, and the condition affecting cost, progress, or performance of the work ND HAS MADE SUCH INDEPENDENT INVESTIGATiONS AS HE DEEMS NECESSARY. 3. The CONTRACTOR will complete the work required herein no later than 30 days after written notice to proceed with the project, subject to weather conditions, as mutually agreed to between Moab City and Contractor. 4. CONTRACTOR shall provide a Certificate of insurance as outlined in the attached special provisions. S. This PROPOSAL AGREEMENT shall be binding upon CONTRACTOR and his/her respective heirs, executors, administrators, successors, and assigns but shall not be assigned by either of the Parties without the express written consent of the other. Agenda Page 368 of 390 9-6 New Business SUPEASP-01 JFREY , .----- CERTIFICATE OF LIABILITY INSURANCE �� °��( 1201'""' 3/13/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate bottler is an ADDMONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION 1S WANED, subject to the terms and conditions of the policy, certain pollcies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ifeu of such endorsement(s). PRODUCER The Presidto Group, Inc. 5987 South River bate Drive, t/200 Salt Lake City, UT 84047 r `r Janet E. Frey, CIC, CISR PH°Ne(8Q1y 290-3174 �ia c, Nol: AaaREss; JFREY®PRESIDIO-0ROUP.COM INSURER(S) AFFORDING COVERAGE NNC a INSURER A; Employers Mutual Casualty 21415 INSURED Superior Asphalt, L.C. PO Box 450 Magna, UT 84044 INSURER e: Workers Compensation Fund 10033 INSURER C: INSURER D: INSURER E: INSURER F : • REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. I EXCLUSIONS AND CONDITIONS OFSUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSINSR LTA TYPE ADDLSUBR INSD wVD POLICY NUMBER POCYEFF��� II POLICY BCE IM�YYm11MMIDOITYYYI LIMITS A X COMMERCIAL OENERAi.UABIUFY X X 3)12926418 09/28/2016 oerzs 2017 EACH OCCURRENCE S 1,000,006 CLAIMS -MADE l l OCCUR rAGE "term' rm' 100 000 $ � PREMISES Es oownerooal MED DIP (Any one person) s 5,000 ~_ PERSONAL 8 ADV INJURY S 11000,000 ,--- GEM_ AGGREGATE LIMIT APPLIES � PER: GENERAL AGGREGATE S 2,000,000 ICY X 1 1 LOC PRODUCTS _ COMP/OP AGG S 2,000,000 SOTHER: A AUTOMOBILELWBILITY Am Auro ALL OWNED AUTOS HIRED AUTOS —~ SCHEDULED NON-0 NEZ AUTOS 3X2925416 09/2812018 09/2812017 w) SINGLE UMIT S 1,000,000 X BODILY INJURY Par parson) S — DOZILY INJURY (Par eoddard) S `— PR E S s q X UMaRp , e LIAR MESS UAB R 3X2925416 09/28/2016 0912812017 EACH OCCURRENCE S 4,000,000 rd( p�MS•MADE AGGREGATE s 4,060,000 DID X I RETENTIONS 1010GO S B WORRHtS COMPENSATION AND EMPLOYERS LIABILT Y ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIYEYBER EXCLUDED? {Mandatary In NH) u yes, describe under Mr-- RIPTION °FORMATIONS Y© NIA 1549702 09/28/2016 00/28/2017 X I SSTATUTE I I ERH' ELEAcHEN AcaDr s 1,080,000 EL DISEASE. EA EMFLOYEE,S 1,0(10,000 s 1,000,000 below EL DISEASE • POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Additional Remarks Schedule, may ba Warned N mom space Is required) 2017 Roadway Crack Sisal City of Moab Is Included as an additional insured per written contract, per attached forms. Blanket waiver of subrogation applies per written contract, per attached forms. Subject to policy terms 8 conditions. 1.6,GR 1 11 1W1 , G 11 V F.u,.,1. City of Moab 217 East Center Street Moab, UT 84532 ------------- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE ACCORDANCE WITH THE PO CY PROVISIONS. NOTICE WILL BE DELIVERED IN AUTHORIZED REPRESENTATIVE 0.,xeary 0 1988-2014 ACORD CORPORATION. All rights reserved. Agenda The ACORD name and tgitiesii4efikifired marks of ACORD 9-6 New Business 6, The CONTRACTOR shall provide all equipment, labor, materials and supervision as necessary to perform a complete in a workmanlike manner all the work required herein and defined on the attached demon plans for the following unit price: 2017 ROADWAY CRACK SEALAPIT PROJECT Item I Item Description Quantity Unit Unit Price item Total 1. Bituminous Crack Sealant 16 Ton 1 1 tLI(049 ` 23,S4 7. Above bid shall include all traffic control and Signing as required. B. The owner shall make one payment to the Contractor after the Owner inspects and approves the completed work_ That all lien and claim releases have been received from all subcontractors and suppliers, or two party checks issued. [N WITNESS WHEROF, the CONTRACTOR hereto has executed, or caused to be executed by their duly authorized officials, this PROPOSAL/AGREEMENT on the date below written. ACCEPTANCE OF PORPOSAL AND AGREEMENT TO TERM: CONTRACTOR: Company By: Title: sy: Title: Proposal pate: 3 /1 V7-421-4— Acceptance Date: Agenda Page 370 of 390 9-6 New Business Mailing Address: "I O Nk Li 7Z City, State, and Zip: ,61g(�.�A; _�g4iocf ` 1 Phone: (t,i) 2-9:' GENERAL E-mail: 1i,c . T.f ie r.5 1i1 E. cow\ SPECIAL PROVISIONS This section provides special requirements applicable to the project. If there is any conflict between the specifications contained in the Special Provisions and other sections, the Special Provisions shall govern. INSURANCE REQUIREMENTS The limits of liability for the insurance required by the Contractor shall provide coverage for not less than the following amounts or greater where required by law. Workers Compensation: 1) State: Statutory 2) Applicable Federal: Statutory 3) Employers Liability: State Insurance Requirements Comprehensive General Liability: 1) Bodily injury: 1,000,000 CSL 1,000,000 Each Occurrence Annual Aggregate, Products and Completed Operations 2) Property Damage: 1,000,000 CSL Each Occurrence Agenda Page 371 of 390 9-6 New Business CONSTRUCTION CONTRACT This CONTRACT is made and entered into this 25 th day of April, 2017, by and between CITY OF MOAB of Moab. Utah, a Municipal Corporation in County of Grand. State of Utah in the Contact Documents referred to as the 'Cry and Superior Asphalt LC heron referred to as the "Contractor". WI TNESSETI-I: VVHEREpS,the Cty advertised that sealed Bids would be received for furnishing all labor: tool, supplies. equPment. matenals and everything necessary and required for the Project described by the Contact Documents and known as 2017 Roadway Crack Sealant Project; and WHEREAS, the Contract has been awarded to the above named Contractor by the Gty, and said Contractor is now ready and able to perform the work specified in the Notice of Award. in accordance with the Contract Documents. NOW,THEREFORE, in consideration of the mutual promises and performances stated herein. the sufficiency of which all parties acknowledge, it is agreed as follows: ARTICLE t Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties a Bid specifications for the Project~ b. official design prints and specifications finished by or to the Contractor and appnwed by the City. c. change orders, approved written instructions, and written contract amendments; and d. General and Supplementary Conditions. e. Notice of Award ARTICLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract and other portions of the Contract Documents. 2017 Crack Sealant Project CC -I Agenda Page 372 of 390 l9-6 New Business ARTICI F 3 Contract Work The Contractor agrees to furnish all labor; tools. supplies, equipment, materials, aril all that is necessory and required to complete the tasks associated with the Work described in the Contract Documents, as limited to those items as indazted in the Notice of Award. Contractor warrants that aI construction shall be completed in a workmanlike manner- and in accordance with all plans, specifications, and applicable building codes. ARTICLE 4 Contract Time and liquidated DamaiNs. The Contractor hereby ages to cornmence work under the Contract on or before the date specified in a written Notice to Proceed from the City, and to substantially and idly complete the woric within the lime specified in the Special Conditions. In the event that the work is not completed in the times set forth and as agreed upon, the Contractor further agrees to pay Liquidated Damages to the Crty as set forth in the Special Conditions. Special Conditions" The Gant actor shall complete the Work no later than A ki Z f) . , 2017. Liquidated damages in the amount of $7 (�0 per day shall be assessed against the Contractor in the event that the Work is not completed by the agreed completion date. ARTICLE 5 Contract Price and Payment Procedures. The Contractor shall accept as fill and complete compensation for the performance and completion of all of the work specified in this Contract and the Contract Documents, the scan of $23,504.00. The Contract Price has been lawfully appropriated by the Gty Council of the City of Moab for the use and benefit of the Project.The Contract Price shall not be modified except by written change order executed by the Gty. a. Partial payments shall be made proportionate to the progress of the work according to the following schedule: Requests for payments shall be prepared by the Contractor and approved by the Project Manager: b. Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver: The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract. The failure of any party to enforce against another party any provision of this Contract shall not constitute a 20I 7 Crack Sealant Project CC-2 Agenda Page 373 of 390 9-6 New Business waiver of that party's right to enforce such a provision at a latter time, and shall not serve to nary the terms of this Contract. ARTIC LF 6 Contractor small provide a Certificate of Insurance as outlined in the following insurance requires The limits of liability for the insurance required by the Contractor shall provide coverage for not less the following amounts or greater where required by law: Workers' Compensation I. State: Statutory 2. Applicable Federal: Statutory 3. Employers Liability: State Insurance Requirements Comprehensive General Liability. I Bodily Each Occurrence 1,000,000 CSL 1,000,000 Annual fie, Products and Completed Operation 2. Property Damage: I.000,000 CSL 1,000,000 Each Occurrence Annual Aggregate 3. Property Damage Liability Insurance shall provide Explosion, Collapse, and Underground coverage where applicable. 4. Personal Injury, with employment exclusion deleted. 1,000,000 CLS Comprehensive Automobile Liability. 1. Bodily Injury: 1,000,000 CSL 1,000,000 CSL Each Person Each Accident 2. Property Damage: 1,000,000 CSL Each Occurrence The Comprehensive liability insurance shall include completed operations insurance.All of 2017 Crack Sealant Project CC-3 Agenda Page 374 of 390 9-6 New Business the policies of insurance so required to be purchased and maintained (or the certificates or other- evidence thereof) shall contain a provision or endorsement that the coverage afforded or canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to OWNER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting removing, or replacing defective work Property insurance: Coverage as needed for his on -and off site materials. ARTICLE 7 Contract Binding The Gty and the Contractor each binds themselves, partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Doarnents. The Contract Documents constitute the entire dement between the Gty and Contractor and may only be altered, mended or repealed by a duly executed written instrument. Neither the Gty nor the Contractor shall, vvithout the prior written consent of the other; assign in whole or in part his interest under the Contract and specifically, the Contractor shall not assign any monies due or to become due without the prior written consent of the Gty. ARTICLE S Warranties. Unless otherwise expressly disdaimed in these Contract Documents, the Contractor warrants to the Gty that all the construction performed under this contract shall be free from defects of workrnanship, labor, and materials, for a period of one year from the date of final completion of the improvements, or as expressly provided in the bid specifications in the Contract Documents. ARTICLE 9 Extensions. For goad cause shown, the Gty may grant a reasonable extension of time for the completion of improvements pursuant to this Contract Good cause may include acts of God, severe weather- disturbances, floods, strikes, riots, or other acts or causes which are unforeseen and beyond the Contractor's control. All extensions shall be approved in writing. ARTICLE 10 I eg 1�Compliance. Indemn Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains a suitable policy of motor vehide and comprehensive general liability insurance and that said policy shall be in place for the duration of this Contract; and that it shall perform this Contract in compliance vvith all applicable local, state, and federal laws. 2017 Crack Sealarrt Project CC-4 Agenda Page 375 of 390 9-6 New Business a Contractor hereby agrees to indemnify and hold the Gty, its officers, employees, and agents harmless from all demands, claims, suits, or liability, inducing costs of defense, as result of damages or losses to persons not a party to this agreement and deriving, cir'ectly or incirectly, from the actions, omissions, or breach of duties under this agreement by the Contractor: its officers. agents. employees, or subcontractors. ARTICLE I I Venue. Chace of Law. The place of performance under this Contract is Grand County, Utah In the event of any legal dispute concerning the subjects of this agreement the pare stipulate to jurisdiction and venue in the District Court, Grand County. Utah- This contract shall be construed in accordance with the laws of the state of Utah ARTICLE 12 Posts and Damages. In the event of any legal dispute concerning the subjects of this contract, the substantially prevailing party Shall be entitled to recover its reasonable attorneys fees and court costs, together with all actual damages from breach It is understood that in no event shall the City be Gable to Contractor for consequential damages. ARTICLE 13 Notice of Breach. Limitation of Actions. In the event of the occurrence of any material breach of the terms of this contract the non -breaching party shall deliver written notice of same to the other party not more than forty fire (45) days from the discovery of the act, omission, event. or default constituting breach. Failure to pnovide notice of brew as provided herein shall result in any such daim being barred. Any legal action pusuarrt to this contract shall be filed not more than one year from the date of written notice of breach. a Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows: City Recorder Gty of Moab 217 East Center Street Moab, Utah 84532-2534 Contractor: Superior Asphalt P.O. Box 450 Magna, Utah 84044 2017 Crack Sealant Project CC-5 Agenda Page 376 of 390 9-6 New Business 1N WffNESS WHEREOF, the Gty of Moab. Utah, has caused this Contract to be subscribed by its Maya' and sea!ed and attested by its City Recorder in its behalf, and the Contractor has sigred this Contract as set forth below. Gty of Moab. Utah Date: Ai !LSl: Gty Recorder Ra hel E. Res to Contractor: Superior Asphalt LC. Date: -4 /17 if/ State of Utah ) County of 5A-1•-1-- GA-14) On the 11411- day of APPA4-- . personalty appeared before me , who duty ad lowledged to me that they executed the Mayor David L Sakrison same. My Commission, Expires: NON Z�l a-0I9 Notary Publlti Residing in: USN County RUTH CORINA LAKE M 4 Notary Public Stale of Utah Comm. No. 686268 My Comm Expires Nov 25. 2019 2017 Crack Sealant Project CC Agenda Page 377 of 390 9-6 New Business AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 25, 2017 1.11 I Agenda. item #: 9-7 Title: Pack Creek Bank Grading Project Fiscal Impact: $26,210.00 (offset by grants) Staff Presenter(s): Mark Jolissaint Department: Engineering Applicant: N/A Background/Summary: The project includes restoration of Pack Creek's natural streambank by removal and disposal of fill dirt and concrete debris, and regrading of the streambank to match the historical slope, then revegetating with native grass seed mix. This project will also require a private property access agreement which is currently under legal review. Options: Approve, deny, or postpone Staff Recommendation: Approve Recommended Motion: I move to approve {insert agenda item number} Attachment(s): Construction contract Page 1 of 11 Agenda Page 378 of 390 9-7 New Business CONSTRUCTION CONTRACT This CONTRACT is made and entered into this day of , 2011, by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the Contract Documents referred to as the "City," and S & S Enterprises of Moab, Inc. herein referred to as the "Contractor". RECITALS WHEREAS, the City advertised that sealed Bids would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the Project described by the Contract Documents and known as Pack Creek Bank Grading Project; and WHEREAS, the Contract has been awarded to the above named Contractor by the City, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the Contract Documents. NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows: ARTICLE 1 Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Bid specifications for the Project; b. Official design prints and specifications furnished by or to the Contractor and approved by the City; c. Change orders, approved written instructions, and written contract amendments; d. Performance and Payment bonds; e. General and Supplementary Conditions; and Page 2 of 11 Agenda Page 379 of 390 9-7 New Business f. Notice of Award. ARTICLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract and other portions of the Contract Documents. ARTICLE 3 Contract Work. The Contractor agrees to furnish all labor, supervision, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks associated with or described in the Contract Documents, as limited to those items as indicated in the Notice of Award (the "Work"). Contractor warrants that all construction shall be completed in a workmanlike manner and in accordance with all plans, specifications, and applicable building codes. a. Upon request, Contractor shall provide to the City a list of all subcontractors who will provide construction services under the Contract. All goods and services provided by subcontractors, material suppliers, and laborers shall be pursuant to written agreement between all such persons and the Contractor. Contractor shall be solely responsible for supervision of all of its employees and subcontractors, and assuring that work by those persons conforms to the Contract Documents. Contractor shall be solely responsible for payment to all laborers, subcontractors, and material suppliers in connection with work performed under the Contract. Any non-payment by Contractor of sums owing to laborers, material suppliers, or subcontractors is material breach of this Contract. The City, in its discretion, shall be authorized to contact subcontractors, material suppliers, and laborers working on the project for the purpose of verifying compliance with this Section. ARTICLE 4 Contract Time and Liquidated Damages. The Contractor hereby agrees to commence work under the Contract on or before the date specified in a written Notice to Proceed from the City, and to substantially and fully complete the work within the time specified in the Special Conditions. In the event that the work is not completed in the times set forth and as agreed upon, the Contractor further agrees to pay Liquidated Damages to the City as set forth in the Special Conditions. Special Conditions: The Contractor shall complete the Work no later than 26 calendar days from the issuance of the Notice to Proceed. Liquidated damages for delay in the amount of $200.00 per day shall be assessed against the Contractor in the event that the Work is not finally complete and accepted by the City by the agreed completion date. Remedies under this Article 4 are cumulative to any other remedies provided in this Contract. Page 3 of 11 Agenda Page 380 of 390 9-7 New Business ARTICLE 5 Contract Price and Payment Procedures. The Contractor shall accept as full and complete compensation for the performance and completion of all of the work specified in this Contract and the Contract Documents, the sum of twenty-six thousand two hundred and ten dollars ($26,210.00) ("Contract Price"). The Contract Price has been lawfully appropriated by the City Council of the City of Moab for the use and benefit of the Project. The Contract Price shall not be modified except by written change order, as set forth below. a. Partial payments shall be made proportionate to the progress of the work according to the following schedule and (if applicable) the schedule of values in the Contract Documents, but subject to this Article Five: OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 1st day of each month during construction. Pay Applications shall be prepared by the Contractor and subject to review and approval by the Project Manager based upon the schedule, above. In no event shall the Contractor be entitled to progress payments exceeding percentage of the Work that is completed in accordance with the Contract Documents, less retainage, inclusive of materials ordered and delivered to the site as measured against the total Contract Price. b. The City shall retain the sum of five percent (5%) of the total Contract Price, which sum shall be disbursed to Contractor no later than ten (10) days from the date when the Work is determined by the City to be finally complete and in conformity with the Contract Documents. c. In the event of default under this Contract, the City may retain and deduct from the sums owing under this Contract amounts sufficient to cure or abate the breaching condition, damages, or event. ARTICLE 6 Bonds and Insurance. a. Contemporaneous with issuance of the Notice to Proceed Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and authorized to do business in the State of Utah, in a form acceptable to the City, and in an amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and benefit of the City to secure Contractor's performance of its construction obligations under this Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations. Page 4 of 11 Agenda Page 381 of 390 9-7 New Business b. Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. c. The letter of credit, payment bond, and performance bond shall be released no later than one year from the date of award of this Contract, provided that no person has provided a demand for payment as provided by law or commenced an action seeking payment against the City or under any such instrument within that time. In the event any person described in subsection (a), above, issues a demand or commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a court of competent jurisdiction, at which point the City will be discharged of any further liability. In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. d. Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract. e. Contractor shall provide a Certificate of Insurance as outlined in the following insurance requirements. The limits of liability for the insurance required by the Contractor shall provide coverage for not less the following amounts or greater where required by law: Workers' Compensation 1. State: Statutory 2. Applicable Federal: Statutory 3. Employer's Liability: State Insurance Requirements Comprehensive General Liability: 1. Bodily Injury: $1,000,000 (combined single limit CSL) Each Occurrence $1,000,000 Annual Aggregate, including Products and Completed Operations Hazard 2. Property Damage: Page 5 of 11 Agenda Page 382 of 390 9-7 New Business $1,000,000 CSL Each Occurrence $1,000,000 Annual Aggregate 3. Property Damage Liability Insurance shall provide Explosion, Collapse, and Underground coverage where applicable. 4. Personal Injury, with employment exclusion deleted. $1,000,000 CSL Comprehensive Automobile Liability: 1. Bodily Injury: $1,000,000 CSL $1,000,000 CSL Each Person Each Accident 2. Property Damage: $1,000,000 CSL Each Occurrence Contractor shall maintain insurance covering casualty to materials purchased for the Work and stored on or off site. f. The Comprehensive liability insurance shall include completed operations hazard insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded or canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to the City by certified mail. All such insurance shall remain in effect until final acceptance of the Work by the City, and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The City shall be endorsed as an additional insured under the general liability policy. g. Contractor shall record a Notice of Commencement and Notice of Completion and, as provided under U.C.A. § 38-1-31 and § 38-1-33. ARTICLE 7 Integrated Contract; Change Orders. The Contract Documents constitute the entire agreement between the City and Contractor, and shall supercede any prior representations or discussions. The Contract may only be altered, amended or repealed by a duly executed written agreement signed and lawfully approved by both parties, except as noted by subsection (b), below. This Contract shall not be assigned, in whole or in part, except upon approval in writing by both parties. a. Contractor shall not be entitled to compensation in excess of the Contract Price, nor shall additional work be undertaken, except upon approval of a change order Page 6 of 11 Agenda Page 383 of 390 9-7 New Business signed by both parties. The change order shall specify the upward or downward change in the Contract Price, the scope of the work to be performed or omitted, and the change in the Contract Time, if applicable. b. In the event that budgetary, or other unforeseen circumstances, render completion of the Contract Work impracticable, the City, in its discretion, may unilaterally issue a construction change directive reducing the scope of the Work or omitting certain items from the Contract. In that event, the Contract Price will be proportionately reduced. Construction change directives may only be issued with respect to work that has not been performed as of the date of the change. ARTICLE 8 Warranties. The Contractor warrants to the City that all the construction performed under this Contract shall be constructed in a workmanlike manner, in accordance with approved plans and applicable building codes, and free from defects of workmanship, labor, and materials, for a period of one year from the date of final completion of the improvements, as certified by the Project Manager. Upon written notice from the City, Contractor agrees to repair or replace any Contract Work that is found to be defective. ARTICLE 9 Extensions. For good cause shown, the City may grant a reasonable extension of time for the completion of improvements pursuant to this Contract. Good cause may include acts of God, severe weather disturbances (beyond those conditions which are typical to the Moab climate), floods, strikes, riots, or other acts or causes which are unforeseen and beyond the Contractor's control. Extensions of time or change orders for additional compensation shall not be authorized for inexcusable delay, which shall be defined to include, but not be limited to, inadequate crewing; inadequate supervision; late ordering of materials; failure to properly coordinate work; or similar events which could have been avoided with proper foresight, care, or planning by Contractor. All extensions shall be approved in the manner provided for change orders ARTICLE 10 Legal Compliance, Safety, Indemnity. Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains insurance coverage as described in this Contract; and that all such policies shall be in place for the duration of this Contract. Contractor further warrants that it shall perform this Contract in compliance with all applicable City, state, and federal laws, including all applicable regulations governing workplace safety, including but not limited to those promulgated by the Occupational Safety and Health Administration (OSHA). With respect to workplace safety, Contractor shall at all times employ properly trained individuals and subcontractors, who shall work under Page 7 of 11 Agenda Page 384 of 390 9-7 New Business appropriate supervision. Contractor shall also hold regular safety meetings as necessary and appropriate, given the particular safety issues presented by the Work. a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liabilities, including reasonable attorney fees, as result of damages, losses, or injuries, including death, to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breaches of duties by the Contractor, its officers, agents, employees, subcontractors, or suppliers in the performance of the Contract or in discharging its legal duties, generally. This duty to indemnify shall apply to all claims by Contractor's employees, subcontractors, or material suppliers with respect to any liabilities incurred by Contractor in the performance of this Contract. ARTICLE 11 Remedies. The failure by either party to perform or carry out any of the obligations in this Contract or to perform the construction in accordance with the Contract Documents shall be grounds to declare default. In the event of default, the non -breaching party shall be entitled to recover all actual damages resulting from breach, in addition to the other remedies specified in this Contract. Actual damages shall include reasonable and necessary costs of completion of the Work or repair or replacement of Work which does not conform to the Contract Documents. In no event shall either party be liable to the other for consequential damages. In addition to any other remedies, in any legal action arising from this Contract the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs. ARTICLE 12 Venue, Choice of Law, Interpretation. The place of performance under this Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah. a. There are no known or intended third party beneficiaries to this Contract. b. This Contract is the product of mutual bargaining. It shall be construed in accordance with its plain meaning, regardless of the extent to which either party participated in the drafting. ARTICLE 13 Notice of Breach, Limitation of Actions. In the event of the occurrence of any Page 8 of 11 Agenda Page 385 of 390 9-7 New Business breach of the terms of this contract the non -breaching party shall promptly deliver written notice of same to the other party and allow a reasonable period of time for the other party to cure or abate the breaching condition. It shall not be necessary for any party to deliver multiple notices in the case of repeat or ongoing violations. Any legal action arising from this Contract shall be filed not more than one year from the act, event, or omission constituting breach, and not thereafter. a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows: City Recorder City of Moab 217 East Center Street Moab, Utah 84532-2534 Contractor: The City of Moab has caused this Contract to be subscribed by its Mayor and attested by its City Recorder on its behalf; and the Contractor has signed this Contract as set forth below. Date: ATTEST: City Recorder (Seal) Contractor: City of Moab, Utah By: Mayor David Sakrison Date: By: Page 9 of 11 Agenda Page 386 of 390 9-7 New Business Title Title: State of Utah ) § County of Grand ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County Page 10 of 11 Agenda Page 387 of 390 9-7 New Business Exhibit A PAYMENT AND LI EN WAI VER This payment and lien waiver is made and executed this day of , 200 by ("Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the , project owned by the City and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. By: Subcontractor Title: Page 11 of 11 Agenda Page 388 of 390 9-7 New Business SECTION 01 11 00 SUMMARY OF WORK PART 1 GENERAL 1.1 DESCRIPTION A. This section covers a summary of Work by OWNER and by CONTRACTOR, OWNER furnished products, CONTRACTOR use of site and Work sequence. 1.2 WORK BY OWNER A. Work by OWNER will consist of providing grade controls and construction observation services for the during construction activities. B. OWNER will provide a location for disposal of soils and other fill materials removed from the construction site to establish final grades. 1.3 WORK BY CONTRACTOR A. Work by CONTRACTOR will include providing and implementing environmental plans, and health and safety plans for the work to be completed and for construction activities. More specifically, the work includes: 1. Environmental plans may include a storm water pollution prevention plan and a dust control plan. 2. The health and safety plan in compliance with OSHA and other applicable laws, regulations, and standards. 3. Excavation of soil and other fill materials within the construction area to establish the final lines and grades provided in the construction drawings and by OWNER. 4. Stockpiling of top soil materials that may be spread on the final surface for establishment of vegetation. 5. Removal and disposal of excess soil and other fill materials excavated from the construction area and that are not used for finish grading purposes. 6. Grading and compaction of the construction area to design grades and spreading and preparing stockpiled top soil (as needed) to receive specified erosion control materials (hydromulch). 7. Hydromulching the disturbed construction areas prepared for hydromulching. 8. Providing close-out documentation required by the CONTRACT. B. CONTRACTOR shall comply with the substantial completion dates provided in the construction contract. 1.4 WORK SEQUENCE A. Grade controls will be provided by OWNER prior to commencement of the Work. 03/2017 380 06.10? n Ageda Page 389 of 390 SUMMARY OF WORK PAGE 01 11 00 - 1 9-7 New Business 1.5 CHANGES IN THE WORK A. It is mutually understood that it is inherent in the nature of public works construction that some changes in the plans and specifications may be necessary during the course of construction to adjust them to unforeseen field conditions, and that it is of the essence of the Contract to recognize a normal and expected margin of change. OWNER shall have the right to make such changes, from time to time, in the plans, in the character if the work, and in the scope of the project as may be necessary or desirable to ensure the completion of the work in the most satisfactory manner without invalidating the Contract. PART 2 PRODUCTS Not Applicable PART 3 EXECUTION Not Applicable 03/2017 380 0F.10? Agenda END OF SECTION Page 390 of 390 SUMMARY OF WORK PAGE 01 11 00 - 2 9-7 New Business