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PKT-CC-2017-06-13
Moab City Council June 13, 2017 Pre -Council Workshop 5:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 163 Page 2 of 163 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, tune 13, 2017 at 5:30 p.m. ..........................................•••••••••••••••••••••••••••• 5:30 p.m. 6:30 p.m. 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 May 23, 2017 1-2 May 30, 2017 CITIZENS TO BE HEARD PROCLAMATIONS 3-1 Mayoral Proclamation of July 1 to 7, 2017 as Independents Week in Moab PRESENTATIONS 4-1 Presentation by Utah Geological Survey Regarding Geological Hazard Mapping PUBLIC HEARING (Approximately 7:15 PM) 5-1 Public Input on Proposed Ordinance #2017-24 — An Ordinance Adopting the City of Moab Pay Plan Schedule and Adopting the Exempt and Elected Officials Salaries for Fiscal Year 2017-2018 SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Amplified Music at Lions Park 1. Approval of a Request by the Moab Arts and Recreation Center for an Amplified Music Event at Lions Park on July 4, 2017 6-2 Amplified Music at Old City Park 1. Approval of a Request by Tressa Renn and Jordan Bryant for Amplified Music Event on September 23, 2017 6-3 Approval of a Neighborhood Street Vendor License 1. Approval of a Residential Neighborhood Street Vendor License for Mecca Flores, d.b.a. Meccas Sweet Treats to Conduct Sales of Pre -packaged ice cream treats for a term of June 14 to September 3o, 2017 6-4 Approval of a Private Property Vendor License Page 3 of 163 1. Approval of a Private Property Vendor License for Phantom Fireworks Eastern Regrion, LLC, Located at 817 South Main Street for a term of June 15 to August 1, 2017 SECTION 7: CONSENT AGENDA 7-1 Approval of a Task Order with Hansen, Allen & Luce (HAL) Engineers for Design Services for Pre -Project Planning Services for improving 100 South Street from Main Street to 200 East Street with a Fee not to Exceed $27,900 7-2 Approval of a Purchasing Exception of a Task Order with Kimley-Horn Associates for design services for Mill Creek Drive entrance to the proposed Utah State University Campus with a fee amount not to exceed $48,500 7-3 Approval of a Task Order with Hansen, Allen & Luce (HAL) Engineers for Development Review Services with a Fee not to Exceed $50,000 7-4 Request to Set a Public Hearing Date for Proposed Culinary Water Rate Changes 7-5 Request to Set a Public Hearing Date for Proposed Sewer Rate Changes Based on a "Cost -of -Service" Approach 7-6 Request to Send Proposed Resolution #40-2017 — A Resolution Amending the Fiscal Year 2016-2017 Budget to Public Hearing SECTION 8: OLD BUSINESS 8-1 Approval of Proposed Ordinance #2017-24 — An Ordinance Adopting the City of Moab Pay Plan Schedule and Adopting the Exempt and Elected Officials Salaries for Fiscal Year 2017-2018 SECTION 9: NEW BUSINESS 9-1 Confirmation of Mayoral Appointment of Statutory Appointee - Chief of Police 9-2 Approval of Proposed Resolution #39-2017 — A Resolution Authorizing the City Manager to Negotiate and Execute on Behalf of the City an Employment Contract with the Chief of Police 9-3 Approval of a Water Line Easement Purchase Agreement with Dave Bierschied 9-4 First Reading and Possible Approval of Proposed Ordinance #2017-19 — An Ordinance to Amend Moab Municipal Code Chapter 17.090.060, Accessory Building — Area, and 17.09.070, Accessory Building — Prohibiting Living Quarters 9-5 First Reading and Possible Approval of Proposed Ordinance #2017-20 — An Ordinance to Amend Moab Municipal Code Chapter 17.09.680, Conditional Use — Carports Located within the Site (Side) Setback Area of Primary Dwellings 9-6 First Reading and Possible Approval of Proposed Ordinance #2017-21— An Ordinance Amending Moab Municipal Code Chapters 17.36.020, 1-1, Industrial Zone; 17.27.020 C-4, General Commerical Zone; And 17.09.531(14), to Remove the Use of Self -Storage Warehouse from Conditional Uses and Permitting them in the C-4 and I- 1 with Standards 9-7 First Reading and Possible Approval of Proposed Ordinance #2017-22 — An Ordinance to Amend Chapter 17.06.020 of the Moab Municipal Code by Repealing a Portion of the Definition of Flag -Shaped or Panhandle -Shaped Lots 9-8 First Reading and Possible Approval of Proposed Ordinance #2017-23 — An Ordinance to Amend Chapter 17.72 of the Moab Municipal Code to Authorize a Page 4 of 163 Hearing Officer to Decide Land Use Code Appeals and Modifying Various Appeal Procedures 9-9 Approval of Proposed Resolution #41-2017—A Resolution Regarding Sustainability 9-10 Approval of a Joint Clean Energy Cooperation Statement between the City of Moab and Rocky Mountain Power SECTION 10: MAYOR AND COUNCIL REPORTS SECTION 11: READING OF CORRESPONDENCE SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 5 of 163 MOAB CITY COUNCIL MINUTES REGULAR MEETING MAY 23, 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 6:00 PM. In attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also attending the workshop or regular meeting were City Manager David Everitt, City Attorney Chris McAnany, Public Works Director Pat Dean, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Interim City Engineer Eric Johanson, Planning Assistant Sommar Johnson, Recorder Assistant Eve Tallman, and Film Commission Director Bega Metzner. The Workshop consisted of a review of the General Plan. Specific discussion focused on Chapter Four, the Community Vision. Councilmembers and staff jointly edited and enhanced the bullet points in the draft document. Among the topics considered were housing opportunities, promoting downtown, planning for compact development, and enhancing the resiliency of the economy, namely by providing living -wage jobs and year-round employment opportunities for a skilled and educated workforce. Moab's surrounding public lands and night skies were noted, as well as managing resources and infrastructure. Discussion turned to Chapter Five, which outlined the Nine Elements of the General Plan. The draft elements included economic development, environmental sustainability, land use and growth, housing, parks and recreation, arts and culture, transportation and circulation, public works, and civic services and facilities. Councilmembers discussed the Downtown Plan, which will amend the General Plan in 2018. Moab's parking plan was mentioned, as well as exploring mechanisms for historic preservation, and ground -floor residences in commercial zones. Councilmember Jones mentioned his concern with downtown becoming predominated by hotels, and encouraged an aim for a balance with services and shopping opportunities. Also discussed was the financial responsibility connected to new development with regard to infrastructure improvements. Councilmember Knuteson-Boyd stated she feels the draft is a good document which needs minor edits. Council and staff agreed that the goal was to have a substantial draft ready for a vote on June 13. Regular Meeting Called to Order: Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. Twenty members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve the minutes of the April 17 and May 9, 2017 meetings with corrections. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Citizens to be Heard: The following Citizens were heard: Michele Blackburn requested more time for public input on the Proposed 2017-2018 Budget. Page 1 of 7 May 23, 2017 (1:01 on recording) Page 6 of 163 1-1 Minutes Theresa King stated she enjoys the online audio recordings of the meetings. She thanked the Council for their work and their support of the Moab Arts Festival and the arts in Moab. Proclamations: Mayor Sakrison read a proclamation signed by Governor Herbert in honor of Public Works Week. He also proclaimed June 2, 2017 to be Gun Violence Awareness Day, and encouraged citizens to wear orange on that day. Mayor Sakrison next read a letter of praise for two Moab law enforcement officers, Bret Edge and Larry Velasquez, for outstanding service during an emergency response involving Grand County Search and Rescue. Presentation of Student of the Month: Mayor Sakrison presented Myron Litsue with the Mayor's Student Citizenship of the Month Award for May, 2017 for Helen M. Knight School. Public Hearing: (1:15 on recording) At 7:15 PM, Mayor Sakrison opened a public hearing to receive Public Input on Proposed Resolution #28-2017, A Resolution Adopting the 2017 City of Moab General Plan as Referred to Council by the Planning Commission. Following a brief presentation by City Planner Reinhart, the following citizens were heard: Sara Melnicoff discussed the need for the General Plan to address issues of homelessness, and she also noted that wildlife should be addressed in the Plan; she stated that wildlife belongs in the City as much as people do. Melnicoff stated that she would like recycling and trash cleanup to be incorporated into the Plan. She requests the City to maximize the promotion of recycling with new bins and signage. Councilmember Knuteson-Boyd noted that wildlife is addressed in the Plan, and Councilmember Derasary noted the Council is updating the parts of the Plan concerning these topics. Melnicoff concluded with a comment that silence is a sought-after attribute in the City. Nate Rydman stated that the City's water supply is finite. He suggested that developers won't be surprised about development limitations if the scarcity of water is stated in the General Plan. Mayor Sakrison mentioned that he had received an update from Marc Stilson about the United States Geologic Survey (USGS) water study due in September, and was informed there is not as much water as previously thought. Carol Mayer requested that the City specifically define what is meant by references to being "sustainable." Special Events/Vendors/Beer Licenses: Vision Relay — Approved (1:28 on recording) Motion and Discussion: Councilmember Jones moved to approve a Special Business Event License and Special Use of Swanny City Park for Vision Relay (Formerly Rockwell Relay) —June 8 to 9, 2017 with conditions including use of a public-address system before 8:00 AM. Councilmember Bailey seconded the motion. Councilmember Ershadi asked about the appropriateness of the venue. City Manager Everitt stated that, as pointed out at a prior meeting, it is too late to move the event for this year. He noted that the location would be reviewed for future events. Councilmember Jones noted that his research May 23, 2017 Page 2 of 7 Page 7 of 163 1-1 Minutes indicated the charity was for a good cause. Councilmember Derasary asked if the promoters could accomplish the management of the event without a public-address system. Councilmember Jones noted he proposed an 8:00 AM time for amplified sound, and noted the City should review post -event feedback. Vote: The motion carried 4-1 aye, with Councilmembers Bailey, Ershadi, Jones, and Knuteson-Boyd voting aye. Councilmember Derasary voted nay. Thelma and Louise —June 2017 — Approved Motion and Vote: Councilmember Derasary moved to approve a Special Business Event License on June 2, 2017 for the Thelma and Louise Half Marathon Road Running Event Expo. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary, and Knuteson-Boyd voting aye. Moab Brewers Manufacturing Liquor License — Approved Motion and Vote: Councilmember Jones moved to grant Local Consent for a Manufacturing Liquor License for Moab Brewers, LLC, doing business as Moab Distillery Located at 690 South Main Street. Councilmember Knuteson-Boyd seconded the motion. Public Works Director Pat Dean was asked about concerns regarding dregs in the sewer system, and Dean replied that the concern was about hot waste in the pipes and he noted the licensee has a mechanism for cooling the effluent. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Consent Agenda — Approved (1:34 on recording) Motion and Vote: Councilmember Jones moved to approve the Consent Agenda. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Jones asked about traffic calming measures with regard to improvements on 100 South, and Councilmember Derasary thanked Interim City Engineer Eric Johanson for his work. The following items were approved: 1) Award and Approval of the Animal Shelter Remodel Project and Contract to Guerrero Construction in an amount not to exceed $42,948; the project is financed by donated funds. 2) Award and Approval of the Recreation Photographic Concessionaire Contract to Frank Mendonca. 3) Approval of Task Order 380.10.100 with Hansen, Allen & Luce (HAL) Engineers for Design Services for Improving 100 South Street from Main Street to 200 East Street with a corrected Fee not to Exceed $67,500. 4) Annual Certification of 2017-2018 Utah Retirement System Employer Contribution Rates. 5) Request to Send Proposed Ordinance #2017-24 — An Ordinance Adopting the City of Moab Pay Plan Schedule and Adopting the Exempt and Elected Officials Salaries for Fiscal Year 2017-2018 to a Public Hearing on June 13, 2017 at approximately 7:15 PM. Old Business: Fiscal Year 2017-2018 Budget — Approved Motion and Discussion: Councilmember Bailey moved to approve Proposed Resolution #31-2017 — A Resolution by the Moab City Council Adopting the Fiscal Year 2017-2018 Budget with amendments presented by City Manager Everitt, which included adjusting the Cost of Living Adjustment (COLA) for May 23, 2017 Page 3 of 7 (1:40 on recording) Page 8 of 163 1-1 Minutes City Staff from three percent to two percent; inserting a line item for consulting services for fiscal forecasting; and converting a current lease to purchase of a backhoe. Councilmember Derasary seconded the motion. Councilmember Bailey noted than any fee increases for City services are approved by separate motions. Councilmember Ershadi asked about changing the timeline for approval, and City Manager Everitt explained that the budget had been reviewed at several public meetings and feedback was solicited from the public. In order to meet the implementation deadline of July 1, the City Council was expected to move toward approval. With regard to the amendment lowering the COLA percentage, consensus was reached by Councilmembers in favor of scaling back, since the staff salary survey had recently been implemented. With regard to funding economic forecasting, Councilmember Ershadi stated her support and Councilmember Jones asked if this had been done at the staff level before. Everitt stated it had been, but there is a need for outside expertise at this time. Also noted by City Manager Everitt was a survey Human Resources had conducted of municipal elected officials in Utah and their compensation; he stated it was widely varied from town to town. Councilmember Jones thanked Everitt for his work. It was noted that currently the Mayor receives health insurance but this will not be a benefit in the future because the position is part-time. Councilmember Derasary asked if street calming and flashing speed limit signs will be covered in the new year's budget and the reply was that there is funding. Councilmember Ershadi asked about a line item of $10,000 for "Buy Local First." It was clarified that any particular expenditure for that program would need to be approved but it is in the budget. Councilmember Jones asked if an emphasis could be placed on online commerce. Kristen Lavelett of Local First Utah spoke about the work her organization does for local businesses at no charge. Theresa King spoke from the audience and suggested that the line item be renamed "economic development" since there are many efforts focused on buying locally that are not specifically tied to Lavelett's organization. Councilmember Jones asked for clarification regarding which positions are funded and whether there is an updated organizational chart. City Manager Everitt explained some positions are in flux with one being converted. Everitt explained he was working on the job description for the process improvements specialist. City Attorney McAnany noted that organizational charts aren't set by ordinance in Moab, and that usually the organizational chart is delegated to City Manager. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Small Scale Planned Unit Developments — Not Approved (2:03 on recording) Motion and Discussion: Councilmember Ershadi moved to approve Proposed Ordinance #2017-12 — An Ordinance to Amend Moab Municipal Code Section 17.66.020, Small Scale Planned Unit Developments, For Planned Unit Developments (PUDs). Councilmember Derasary seconded the motion. City Planner Reinhart and Planning Assistant Johnson made a presentation of the proposal. City Attorney McAnany acknowledged he had reviewed the proposed ordinance and made suggestions for changes. Councilmember Derasary asked if the questions raised by Councilmember Jones at the previous regular City Council meeting had been addressed. Councilmember Jones voiced concern with allowing apartments in the R-2 zone. Planner Reinhart expressed confusion about why apartments are not viewed as appropriate in PUDs. Councilmember Jones stated that he felt the density bonus related to ownership. Councilmember Derasary asked if this motion creates inconsistencies in the code. City Attorney McAnany noted the Council denied the upzone for the project in question, so the PUD concept is being proposed. He noted there are very few PUDs in Moab. He recommended a revision of the PUD May 23, 2017 Page 4 of 7 Page 9 of 163 1-1 Minutes ordinance. Councilmember Jones also expressed concern with inconsistencies in code created by this motion. Councilmember Derasary stated she wants to see density bonuses related to affordability expressed by deed restrictions. Councilmember Knuteson-Boyd noted that the motion seems to be a step in the right direction. City Manager Everitt clarified that the Council was looking for PUDs with deed restrictions related to affordability. Councilmember Jones noted that the economic nexus study would give data regarding what density is appropriate for Moab. He added that it is easier to give away than to take back. City Attorney McAnany pointed out that usually a PUD allows greater density, but not in this case. Vote: The motion failed with Councilmember Knuteson-Boyd voting aye and Councilmembers Bailey, Jones, Ershadi, and Derasary voting nay. Affordable Housing Goals — Approved Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #37-2017 — A Resolution Recognizing the Affordable Housing Goals Agreed Upon by the City Council for the 2017-2018 Fiscal Year. Councilmember Ershadi seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Rules of Procedure for City Council Meetings and Hearings -- Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve Proposed Resolution #38 -2017 — A Resolution Adopting Rules of Procedure for City Council Meetings and Hearings 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: (2:41 on recording) Mill Creek Drive and US 191 Intersection Project — Approved Motion and Vote: Councilmember Jones moved to approve a Task Order with Parametrix Engineering for Supplemental Design Services for Further Expansion of the Mill Creek Drive and US 191 Intersection Project Facilitated by Additional Construction Funding Provided by the Utah Department of Transportation (UDOT) and the City of Moab with a fee not to exceed $37,920. Councilmember Knuteson-Boyd seconded the motion. Mayor Sakrison asked how the truck traffic might be slowed on the northbound hill. Interim City Engineer Johanson stated it was a touchy subject that would require changing the speed limit. It was clarified that a signal is proposed to be installed at the intersection when the new college campus opens. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Susy Subdivision -- Approved Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #36-2017 — A Resolution Approving the Susy Subdivision, a Two -lot Minor Subdivision, of Property Located at 848 Huntridge Drive and Vacation of Lot Lines in Lot Three at 5 Dogwood Avenue as Referred to Council by the Planning Commission. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Backhoe Purchasing Exception —Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve a Request for Purchasing Exception as per Moab Municipal Code 2.28.110 (E) with Honnen Equipment to Convert an Existing May 23, 2017 Page 5 of 7 Page 10 of 163 1-1 Minutes Lease to Purchase a John Deere 310 SL Loader Backhoe. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Utility Accounts to be Written off of the Accounting System — Approved Motion and Vote: Councilmember Bailey moved to approve Proposed Resolution #35-2017 — A Resolution of the Governing Body of the City of Moab Authorizing Delinquent, Terminated Utility Accounts to be Written off of the Accounting System. Councilmember Knuteson-Boyd seconded the motion. It was explained that delinquent accounts are pursued by a collection agency. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Culinary Water and Wastewater Treatment System Provisions — First Reading City Attorney McAnany presented the First Reading of Proposed Ordinance #2017-25 — An Ordinance Repealing Certain Provisions of Title 13 Pertaining to the City of Moab Culinary Water and Wastewater Treatment System and Enacting New Provisions. Councilmember Derasary noted the suggestions for allowing innovations and graywater infrastructure submitted by Jeffrey Adams. Councilmember Jones suggested the City should accommodate the state language with some flexibility. City Attorney McAnany stated he would revised the wording for the second reading. Mayor and Council Reports: (2:56 on recording) Councilmember Derasary noted she had attended a meeting of the land trust and asked about the Uranium Mill Tailings Remedial Action (UMTRA) project and Mayor Sakrison suggested she opt out of going to Washington DC because progress toward full funding had been made. Councilmember Jones attended a solid waste meeting and noted the difficulties surrounding the economics of recycling. He hoped to tie recycling into the City renewable and greenhouse gas goals. He noted that engaging a citizen recycling initiative could be cost -neutral. Mayor Sakrison added that requiring mandatory trash pickup throughout the County would generate enough revenue to improve the Solid Waste District's bottom line. Councilmember Jones noted that recycling should be considered waste management, and Councilmember Ershadi added that some municipalities distribute recycling bins to residences and businesses. Councilmember Derasary asked about the possibility of a variable rate structure for trash pickup. Councilmember Ershadi asked about a composting pilot and Councilmember Jones confirmed that a chipper is being sought. Councilmember Jones noted he also attended a planning commission meeting. Mayor Sakrison listed various items he had worked on, including a trip to Utah State University to meet with officials about the differing visions of the Moab campus. He also noted his impression that Moab's culinary water rate is very low compared to other agencies, where water bills average $90 per month. He shared that the proposed federal budget aims to cut the Essential Air Service at Canyonlands Field; he noted other cuts as well. He also reviewed the recent all -terrain vehicle (ATV) event and Councilmember Jones noted the County has a formal post -event feedback mechanism for citizens to voice their concerns with the event. Mayor Sakrison stated he would meet with officials from the Bureau of Land Management (BLM) to review the event. There was also discussion about presenting a resolution regarding net metering in the coming months. May 23, 2017 Page 6 of 7 Page 11 of 163 1-1 Minutes Approval of Bills Against the City of Moab: Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $522,480.49. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Executive Session: At 9:15 PM, Councilmember Jones moved to enter an Executive Closed Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Ershadi seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Bailey moved to end the Executive Closed Session and enter into open session. Councilmember Jones 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 9:41 PM. Adjournment: Mayor Sakrison adjourned the meeting at 9:41 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder May 23, 2017 Page 7 of 7 Page 12 of 163 1-1 Minutes MOAB CITY COUNCIL MINUTES JOINT GRAND COUNTY COUNCIL - MOAB CITY COUNCIL SPECIAL MEETING MAY 30, 2017 The Moab City Council held a Special Joint Meeting with the Grand County Council on the above date in the Grand County Council Chambers, located at 125 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Grand County Council Chairperson Jaylyn Hawks called the meeting to order at 11:30 AM. In attendance were Moab City Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson-Boyd, and Kyle Bailey. Councilmember Kalen Jones arrived at 11:40 AM. Also in attendance were Mayor Dave Sakrison, City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, and Interim City Engineer Eric Johanson. Grand County Councilmembers Jaylyn Hawks, Curtis Wells, Mary McGann, Chris Baird, Greg Halliday, and Evan Clapper also attended, as well as Grand County's Council Administrator Ruth Dillon, Community Development Director Zacharia Levine, and Clerk Diana Carroll. Jim Webster from the Grand County School District Board, and Brian Torgerson from the Utah School and Institutional Trust Lands Administration (SITLA) also attended. Councilmember Knuteson-Boyd made a motion for the Moab City Council to approve an Amplified Music Event at Old City Park on June 3, 2017 for Kevin Harmison, and also to approve an Amplified Music Event at Old City Park on June 10, 2017 for the Moab Valley Humane Society. Councilmember Derasary seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Knuteson-Boyd, Ershadi, and Derasary voting aye. The Joint Meeting began with a presentation on formation of a Community Redevelopment Agency (CRA). County Community Development Director Levine introduced Adam Long of Smith Hartvigsen, and Susie Becker and Alex Buxton of Zions Bank, all three of whom participated electronically, and Long described the CRA mechanism for establishing Community Reinvestment Areas. The specific reinvestment area being jointly considered was described as property traversing incorporated City and unincorporated County land for the future Utah State University (USU) campus. It was pointed out that the County established a CRA some time ago. Discussion ensued regarding the model whereby property taxes from the County and sales taxes from the City would finance a joint project. Also discussed was the need for the School Board to become knowledgeable about the CRA process and the School District role in financing of the project. Levine and County Councilmember Baird discussed how the diverse taxing entities would function to repay the loan from the Permanent Community Impact Fund Board (CIB). Baird asked about ratifying an Interlocal Agreement for operations or creating a project area. School Board member Webster asked whether CRA funds were generated only in within the project area, and it was explained that funds could be generated on a broader basis, and it was stated that the City could offer assistance from its General Fund. City Councilmember Jones mentioned the prospect of an Interlocal Agreement between the City and the CRA regarding capturing revenues from a possible future City property tax. Jones also Page 13 of 163 1-2 Minutes brought up minimum affordable housing allocations related to a CRA, not specifically located within the reinvestment area. Levine also remarked on the prospect of future annexations of unincorporated land into the City. Webster mentioned that the School Board would need to be apprised of the impacts regarding reassignment of tax revenues from the school district to the CRA. City Councilmember Jones asked about the market study that Zions Bank was conducting. Councilmember Bailey asked if it was projecting for a twenty-year plan, and the answer from Becker was affirmative. The study will consider sales tax revenues and property tax. County Councilmember Baird stated the project was moving forward. The draft SITLA development plan was discussed, as well as the forthcoming housing complex on Mill Creek Drive. Mayor Sakrison noted that the City has an established CRA but it is inactive. He suggested a Memorandum of Understanding between the two governments. Councilmember Bailey suggested getting an opinion from the City Attorney. Discussion ensued about repaying debt from the City's General Fund. County Councilmember Baird stated the main question is about the involvement of the school district. Councilmember Bailey asked whether a letter of support could be obtained from the USU President. SITLA's Torgerson suggested the school district could be held harmless. A fifty-fifty split in expenses between the City and the County was proposed. The discussion turned to a Highway 191 bypass for Moab. Councilmember Bailey noted the bypass is not currently reflected in the City's draft General Plan. County Councilmember Wells outlined new funding available from the Utah Department of Transportation (UDOT) for mitigation of traffic congestion caused by tourism, and other uses. Wells encouraged application for monies. City Manager Everitt noted an idea that has been suggested to reorient the main downtown street to 100 West. Discussion ensued about seeking funding for the Highway 191 drainage project related to widening Highway 191 on the north end of downtown. It was noted that many businesses consider the highway as a detriment to commerce on Main Street. Discussion about traffic attributed to semi -trucks followed. It was estimated that more than ten percent of traffic is currently from trucks. County Councilmember Clapper asked if trucks represent only ten percent of total traffic, is that enough to justify a bypass. County Councilmember Baird suggested that a bypass could result in two noisy corridors through town rather than one. Councilmember Jones noted that the City is working on both a Downtown Plan and a Transportation Plan. County Councilmember Wells urged the formation of a joint committee to seek funding from UDOT for a feasibility study regarding a bypass or other solution to congestion. The Committee will consist of County Councilmembers Wells and Halliday, County Community Development Director Levine, County Roads Superintendent Bill Jackson, City Councilmembers Jones and Knuteson-Boyd, and City Planner Jeff Reinhart. Mayor Sakrison adjourned the meeting at 1:28 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder Page 14 of 163 1-2 Minutes 1 f L i CITY OF MOAB INDEPENDENTS WEEK JULY 1-JULY 7, 20 17 Whereas, Independents Week provides a time to celebrate the independence of the members of the community of Moab and the entrepreneurial spirit represented by our core of local independent businesses; and Whereas, the individual decisions every community member makes today affect the future of Moab; and Whereas, Moab's local independent businesses help preserve the uniqueness of the community and give us a sense of place; and Whereas, Moab's core of independently -owned businesses give back to this community in goods, services, time and talent; and Whereas, the health of Moab's economy depends on our support of businesses owned by our friends and neighbors; and Whereas, Moab's independent business owners and employees enrich community members' shopping experiences with their knowledge & passion; Therefore, as we celebrate Independents Week 2017, we acknowledge that the ability to choose the direction of Moab lies within each of us. NOW, THEREFORE, I, David Sakrison, Mayor of Moab, do hereby proclaim the week of July 1-July 7, 2017, as: "Independents Week" and salute our community members and locally owned independent businesses who are integral to the unique flavor of Moab and honor their efforts to make Moab the place we want to live and work. David Sakrison, Mayor June 13, 2017 Rachel Stenta, City Recorder June 13, 2017 0111111 Page 15 of 163 3-1 Proclamations AGENDA SUMMARY MOAB CITY COUNCIL MEETING June 13, 2017 Agenda item #: 4-1 Title: Utah Geological Survey Presentation on Hazard Mapping Fiscal Impact: None Staff Presenter(s): Mark Jolissaint, Jessica Castleton (UGS) Department: Engineering Applicant: N/A Background/Summary: Jessica Castleton of the Utah Geological Survey will deliver a presentation on Moab's geological hazard mapping 1 Options: N/A Staff Recommendation: N/A Recommended Motion: N/A Attachment(s): NONE Page 16 of 163 4-1 Presentations AGENDA SUMMARY MOAB CITY COUNCIL MEETING June 11, 2017 Agenda ltem #: 5-1 and 8-1 Title: Public Hearing on Proposed Ordinance #2017-24 (Proposed Pay Plan) Fiscal Impact: Salary Adjustments are included in FY 17-18 budget Staff Presenter(s): Danielle Guerrero, Human Resource Manager Department: Human Resources Applicant: N/A Background/Summary: This is the next step for the requirement that compensation ranges be adopted annually by Ordinance after a Public Hearing. Attached are the pay ranges for fiscal year 2017-2018 which includes several reclassified positions along with the new positions included in the tentative budget. These ranges have been adjusted by a 2% Cost of Living Adjustment (COLA) as a result of the budget adoption at the last Council meeting. 1 Options: Solicit Public Input, then approve, deny or postpone. Staff Recommendation: Solicit public input and then approve the 2017-2018 Pay Plan Recommended Motion: I move to approve (insert agenda item) Attachment(s): Proposed Ordinance #2017-24 Page 17 of 163 5-1 Public Hearing ORDINANCE NO.2017-24 AN ORDINANCE ADOPTING THE CITY OF MOAB PAY PLAN SCHEDULE AND ADOPTING THE EXEMPT AND ELECTED OFFICIALS SALARIES FOR FISCAL YEAR 2017-2018 WHEREAS, the Moab City Personnel Policies and Procedures Manual allows that pay ranges may be adjusted periodically for comparable work in other municipalities; and WHEREAS, the Moab City Personnel, Policies and Procedures Manual calls for annual surveys of salaries; and WHEREAS, in 2016 the City conducted a comprehensive salary survey through the utilization of Personnel Systems Inc. and has presented the survey results to the Governing Body; and WHEREAS, positions within the City are rated and ranked according to four factors: Job Knowledge, Responsibility, Difficulty and Work Environment and salaries are calculated based on those ratings and rankings and incorporated into the pay plan schedule; and WHEREAS, the proposed "City of Moab 2017 Proposed Pay Plan" is attached to this ordinance as Attachment A, respectively; and WHEREAS, the proposed "Exempt and Elected Officials Salaries" is attached to this ordinance as Attachment B, respectively; and WHEREAS, Moab Municipal Code Section 2.44.010 states that all salaries of the elective and appointive officers of the City and the other employees of the City shall be fixed by motion or resolution of the City Council as in accordance with existing law. NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO ADOPT The City of Moab 2017 Proposed Pay Plan (Attachment A) and the Exempt and Elected Officials Salaries (Attachment B) as referred herein. DATED this 27th day of June 2017. SIGNED: David L. Sakrison Mayor ATTEST: Rachel E. Stenta City Recorder Ordinance #2017-24 June 27, 2017 Page 18 of 163 5-1 Public Hearing CaY 04. MOAB City of Moab Proposed Pay Plan 2018 (2% COLA) Hourly Pay Rates Pay Range OB TITLE Minimum Midpoint Maximum ADM IN ASSISTANT - AQUATIC $16.23 $20.29 $24.34 ADMINISTRATIVE ASSISTANT I $17.84 $22.30 $26.76 ADMINISTRATIVE ASSISTANT II $19.65 $24.57 _ $29.48 ADMINISTRATIVE ASSISTANT $17.92 $22.40 $26.88 ADMINISTRATIVE ASSISTANT $17.94 $22.42 $26.90 ADMINISTRATIVE ASSISTANT II $19.65 $24.57 $29.48 ANIMAL CONTROL OFFICER $16.82 $21.03 $25.23 ANIMAL CONTROL SUPERVISOR $20.52 $25.65 $30.78 ANIMAL SHELTER MANAGER $21.32 $26.65 $31.98 AQUATIC CENTER MANAGER $26.13 $32.67 $39.20 AQUATIC MANAGER $21.79 $27.23 $32.68 AQUATICS ASSISTANT MANAGER $18.58 $23.23 $27.87 ARTS AND SPECIAL EVENTS ASSISTANT $18.14 $22.67 $27.21 ARTS/SPECIAL EVENTS MANAGER $22.22 $27.77 $33.32 ASSISTANT CITY ENGINEER $21.57 $26.97 _ $32.36 ASSISTANT PLANNER $21.19 $26.49 _ $31.79 CITY ENGINEER $38.44 $48.04 $57.65 CITY MANAGER $56.22 $70.28 $84.34 CITY PLANNER $28.65 $35.81 $42.97 CITY TREASURER $22.67 $28.33 $34.00 COMMUNICATION AND ENGAGEMENT DIRECTOR $28.08 $35.09 $42.11 CONSTRUCTION INSPECTOR $21.02 $26.27 $31.53 DEPUTY RECORDER I $18.10 $22.63 $27.15 DEPUTY TREASURER $18.92 $23.66 $28.39 DEVELOPMENT SERVICES COORDINATOR $25.39 $31.74 $38.09 EXECUTIVE ADMINISTRATIVE ASSISTANT $19.31 $24.14 $28.96 FACILITIES MECHANICAL TECHNICIAN $18.60 $23.25 _ $27.90 FILM COMMISSION COORDINATOR $24.10 $30.13 _ $36.16 HUMAN RESOURCE MANAGER $32.76 $40.95 $49.14 LIEUTENANT $29.23 $36.53 $43.84 LIFEGUARD $16.81 $21.02 _ $25.22 MARC ADMINISTRATIVE ASSISTANT $17.33 $21.67 $26.00 PARKS SERVICE WORKER I $17.03 $21.29 $25.54 PARKS SERVICE WORKER II $17.52 $21.90 $26.28 PARKS SERVICE WORKER III $18.25 $22.81 $27.37 PARKS SUPERINTENDENT $25.38 $31.72 $38.07 PARKS/RECREATION/TRAILS DIRECTOR $33.63 $42.0'3 93 V$50 44 Monthly Pay Rates Annual Pay Rates Pay Range Minimum Midpoint Maximum $2,813 $3,516 $4,220 $3,092 $3,866 $4,639 $3,407 $4,258 $5,110 $3,106 $3,882 $4,659 $3,109 $3,886 $4,663 $3,407 $4,258 $5,110 $2,916 $3,645 $4,374 $3,556 $4,446 $5,335 $3,696 $4,620 $5,544 $4,530 $5,662 $6,794 $3,776 $4,720 $5,664 $3,221 $4,026 $4,831 $3,144 $3,930 $4,716 $3,851 $4,813 $5,776 $3,740 $4,674 $5,609 $3,673 $4,591 $5,509 $6,662 $8,328 $9,993 $9,746 $12,182 $14,618 $4,966 $6,207 $7,448 $3,929 $4,911 $5,893 $4,866 $6,083 $7,300 $3,643 $4,554 $5,465 $3,138 $3,922 $4,706 $3,280 $4,100 $4,920 $4,401 $5,501 $6,601 $3,347 $4,184 $5,020 $3,224 $4,029 $4,835 $4,178 $5,223 $6,267 $5,679 $7,099 $8,518 $5,066 $6,332 $7,599 $2,914 $3,643 $4,372 $3,005 $3,756 $4,507 $2,952 $3,690 $4,428 $3,037 $3,796 $4,556 $3,163 $3,953 $4,744 $4,399 $5,498 $6,598 $5,829 $7,286 $8,743 Pay Range Minimum Midpoint Maximum $33,758 $37,110 $42,197 $46,387 $50,637 $55,665 $40,879 $51,099 $61,319 $37,271 $46,588 $55,906 $37,306 $46,632 $55,959 $40,879 $51,099 $61,319 $34,988 $43,735 $52,483 $42,678 $44,350 $54,355 $53,347 $55,437 $67,944 $64,017 $66,525 $81, 533 $45,313 $38,650 $37,730 $46,209 $56,641 $48,312 $47,162 $57,761 $67,969 $57,975 $56,595 $69,313 $44,875 $56,094 $67,312 $44,076 $55,095 $66,114 $79,946 $99,933 $119,920 $116,948 $146,185 $175,422 $59,587 $47,144 $58,397 $43,717 $74,484 $58,929 $72,997 $54,646 $89,381 $70,715 $87,596 $65,575 $37,651 $47, 063 $56,476 $39,363 $49,204 $59,045 $52,812 $66,014 $79,217 $40,164 $50,205 $60,246 $38,683 $48,353 $58,024 $50,136 $62,670 $75,205 $68,146 $85,183 $102,220 $60,790 $75,987 $91,185 $34,973 $36,057 $35,420 $36,446 $43,716 $45,071 $44,275 $45,557 $52,459 $54,085 $53,130 $54,668 $37,953 $52,784 $69, 942 $47,441 $65,980 $87 428 $56,930 $79,176 $104 913 5-1 Public Hearing CaY 04. MOAB City of Moab Proposed Pay Plan 2018 (2% COLA) Hourly Pay Rates Pay Range OB TITLE Minimum Midpoint Maximum POLICE CHIEF $42.40 $52.99 $63.59 POLICE OFFICER I $20.25 $25.31 $30.38 POLICE OFFICER II $20.85 $26.07 $31.28 POLICE OFFICER II/DRUG ENFORCEMENT $20.85 $26.07 $31.28 POLICE OFFICER III $21.72 $27.15 _ $32.58 POLICE OFFICER III/DRUG ENFORCEMENT $21.72 $27.15 _ $32.58 PUBLIC FACILITIES SERVICE WORKER I/CUSTODIAN $15.92 $19.90 _ $23.88 PUBLIC FACILITIES SUPERINTENDENT $24.48 $30.60 _ $36.72 PUBLIC WORKS DIRECTOR $37.04 $46.30 $55.57 RECORDER ASSISTANT $18.14 $22.67 $27.20 RECORDER/ASSISTANT CITY MANAGER $44.55 $55.69 $66.83 SAFETY SPECIALIST $19.81 $24.77 $29.72 SENIOR PROJECTS MANAGER $31.19 $38.99 $46.79 SERGEANT $24.99 $31.24 $37.49 SEWER DIVISION SUPERINTENDENT $26.48 $33.10 $39.72 SEWER SERVICE WORKER I $17.84 $22.30 $26.76 SEWER SERVICE WORKER II/CDL $18.84 $23.55 _ $28.25 SEWER SERVICE WORKER III/CDL $21.03 $26.29 _ $31.54 SPORTS/RECREATION ASSISTANT $19.99 $24.99 $29.98 SPORTS/RECREATION MANAGER $23.10 $28.87 $34.65 STREETS SERVICE WORKER I $17.31 $21.63 $25.96 STREETS SERVICE WORKER II/CDL $17.85 $22.32 $26.78 STREETS SERVICE WORKER II/MECHANIC $18.83 $23.54 $28.25 STREETS SERVICE WORKER III/CDL $19.49 $24.36 $29.23 STREETS SERVICE WORKER III/MECHANIC $21.94 $27.43 $32.91 STREETS SUPERINTENDENT $25.78 $32.22 $38.67 SUSTAINABILITY DIRECTOR $28.79 $35.98 $43.18 WATER DIVISION SUPERINTENDENT $26.75 $33.44 $40.13 WATER SERVICE WORKER I $17.84 $22.30 $26.76 WATER SERVICE WORKER I/METER READER $17.90 $22.37 _ $26.85 WATER SERVICE WORKER II/CDL $18.84 $23.55 $28.25 WATER SERVICE WORKER III/CDL $21.03 $26.29 $31.54 WATER/SEWER SERVICE WORKER II/WWTP $18.96 $23.70 $28.44 WWTP OPERATOR/SUPERINTENDENT $27.61 $34.51 $41.41 Monthly Pay Rates Pay Range Minimum Midpoint Maximum $7,348 $9,186 $11,023 $3,510 $4,388 $5,265 $3,614 $4,518 $5,422 $3,614 $4,518 $5,422 $3,764 $4,706 $5,647 $3,764 $4,706 $5,647 $2,759 $3,449 $4,139 $4,244 $5,305 $6,365 $6,421 $8,026 $9,631 $3,144 $3,930 $4,715 $7,722 $9,653 $11,583 $3,434 $4,293 $5,152 $5,407 $6,758 $8,110 $4,332 $5,415 $6,498 $4,590 $5,738 $6,885 $3,093 $3,866 $4,639 $3,265 $4,081 $4,897 $3,645 $4,556 $5,468 $3,465 $4,331 $5,197 $4,004 $5,005 $6,006 $3,000 $3,750 $4,499 $3,095 $3,868 $4,642 $3,264 $4,080 $4,896 $3,378 $4,222 $5,067 $3,803 $4,754 $5,705 $4,468 $5,586 $6,703 $4,990 $6,237 $7,484 $4,637 $5,797 $6,956 $3,093 $3,866 $4,639 $3,102 $3,878 $4,653 $3,265 $4,081 $4,897 $3,645 $4,556 $5,468 $3,287 $4,108 $4,930 $4,785 $5,981 $7,177 Annual Pay Rates Pay Range Minimum Midpoint Maximum $88,182 $42,120 $43,373 $110,227 $52,650 $54,217 $132,273 $63,180 $65,060 $43,373 $54,217 $65,060 $45,174 $56,467 $67,761 $45,174 $56,467 $67,761 $33,112 $41,390 $49,668 $50,924 $63,655 $76,386 $77,051 $37,724 $92,668 $41,212 $96,314 $47,155 $115,835 $51,516 $115,576 $56,586 $139,001 $61,819 $64,880 $81,100 $97,320 $51,985 $55,083 $64,981 $68,854 $77,977 $82,625 $37,112 $46,390 $55,668 $39,179 $48,974 $58,769 $43,741 $54,676 $65,611 $41,577 $51,971 $62,365 $48,046 $60,058 $72,069 $35,996 $37,134 $39,168 $40,533 $44,994 $46,418 $48,960 $50,666 $53,993 $55,701 $58,752 $60,799 $45,641 $53,621 $59,875 $55,650 $57,051 $67,026 $74,844 $69,562 $68,462 $80,432 $89,812 $83,475 $37,112 $46,390 $55,668 $37,226 $46,532 $55,838 $39,179 $48,974 $58,769 $43,741 $54,676 $65,611 $39,439 $57,420 $49,299 $71,775 $59,159 $86,130 Page 20 of 163 5-1 Public Hearing ATTACHMENT B Exempt and Elected Official Salaries Section 1. The following are exempt positions: City Manager See approved pay plan Police Chief See approved pay plan City Recorder/Assistant City Manager See approved pay plan City Engineer See approved pay plan City Treasurer See approved pay plan Parks, Recreation & Trails Director See approved pay plan Human Resource Manager See approved pay plan Senior Project Manager See approved pay plan Public Works Director See approved pay plan Section 2. Yearly salary rates for the following elected official positions: Mayor $12,300 Councilmembers $ 8,400 Planning Commission Members $50 per meeting Information about all Moab City financial transactions can be found at: http://www.utah.gov/transparency Ordinance #2017-24 — Attachment B Page 21 of 163 5-1 Public Hearing Agenda Summary Sheet Council Meeting Date: June 13, 2017 #: 6-1 Title: Request for Amplified Music at Lions Park on Tuesday, July 4, 2017. Fiscal Impact: None Staff Presenter(s): Carmella Galley Department: Administration Applicant: City of Moab/MRAC Background/Summary: Click here to enter text. Use of amplified sound equipment at Lions Park is not permitted without special permission of the City Council. The MARC is requesting amplified music at their July Fourth Event. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of the request. Approval is subject to compliance with all Parks Policies, which provides that approved sound amplification shall not extend beyond 9 pm. Recommended Motion: "I move to approve the request for amplified music at Lions Park for the City of Moab/MARC July 4, 2017." Attachment(s): • Written request from applicant Page 22 of 163 6-1 Special Events/Vendors/Beer Licenses MOAB ARTS & RFC:11F ATION www.moabmarc.com • 111E 100 N Moab UT 84532 • (435) 259-6272 • marcinfoAmoabcitv.orq Moab City Council 217 E. Center St. Moab, UT 84532 Dear City Council, This July 4th event has come together organically after two traveling music groups reached out to inquire about playing music in Moab on July 4th. We have begun gathering local acts as well, to design an afternoon of music in the park. This event will provide both the community and visiting tourists with an exciting cultural, musical event to attend on this national holiday. Lions Park has been chosen as the event venue to celebrate the new City park and to keep the event out of Moab neighborhoods. We are seeking permission for amplified music at the July 4th Community Concert to take place at Lions Park from 3pm - 9pm on Tuesday, July 4th, 2017. Thank you for your consideration and support for this community event. Meg Stewart Moab City Arts & Special Events Manager Page 23 of 163 6-1 Special Events/Vendors/Beer Licenses Agenda Summary Sheet Council Meeting Date: June 13, 2017 #: 6-2 Title: Request for Amplified Music at Old City Park on Saturday, September 23, 2017. Fiscal Impact: None Staff Presenter(s): Carmella Galley Department: Administration Applicant: Tressa Renn & Jordan Bryant Background/Summary: Click here to enter text. Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. The Renn/Bryant wedding is requesting amplified music at their September wedding. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of the request. Approval is subject to compliance with all Parks Policies, which provides that approved sound amplification shall not extend beyond 9 pm. Recommended Motion: "I move to approve the request for amplified music at Old City Park for the Renn/Bryant wedding on September 23, 2017." Attachment(s): • Written request from applicant Page 24 of 163 6-2 Special Events/Vendors/Beer Licenses C%t iN\ F"l,-) vv+1l IA) 1 UP v\X— O f -2, ' V OWL . J1 nee �5 �resSc . n avtc.� I.J.) i-- '51- 4e ✓ICJ '-\-‘-' 4 e Cb V Q VIS- , (" -1A 51 C. kl Ol v\ C X--CD (k4\ � M.� �J UU tee , +r\ vCtvur SR iN--cirvAkot_r ").--:7D,c �0(- V\ ck.v\2. a � �tc��S ��� cj, f 4• "L )r �'� GW1 J,.4 -c_ti C c eaa t` CC �- a Ci �l V\ LC- t VVtiE •Ov c�. Cov\Sl G k ZUI-- fi� �.� ,1 C 4 � � �c� ✓ � L. p r1 H(vco1\45 re&sof K__w n or-c1 ck n ��'� ct►� 6-2 Special Events/Vendors/Beer Licenses Page 25 of 163 MOAB CITY COUNCIL MEETING June 13, 2017 Agenda item #: 6-3 Title: Approval of a Residential Neighborhood Street Vendor License for Mecca Flores, d.b.a. Meccas Sweet Treats to conduct sales of pre -packaged ice cream treats for a term of June 14, 2017, to September 30, 2017. Fiscal Impact: N/A Staff Presenter(s): Jennie Ross, Treasurer Department: Treasurer/Planning Applicant: Mecca Flores Background/Summary: This application is for a Street Vendor license. Staff has reviewed the proposed application and finds that it meets the requirements of our vendor ordinance. 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 Mecca Flores. Recommended Motion: I move to approve a Street Vendor license for Mecca Flores, d.b.a. Meccas Sweet Treats. Attachment(s): Vendor Application Memo from Acting Police Chief regarding the background check Page 27 of 163 6-3 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 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $ (AS DE I ERMINED BY RESOLUTION) LICENSE #: ZONE: BUSINESS NAME: t lleCC4 L..‘(,v.Q2ie.„� / re a-t 5, BUSINESS MAILING ADDRESS: d 8U ' 7 Elm AV � CITY; e-mail address: Location(s) where business will be conducted: Attach agreement of authorization from property owner(s) including employee use of Restroom Facilities Length of time and/or specific dates business will be conducted: Proposed hours of operation: BUSINESS PHONE: 565 2-1-8 If 33 D ran c( TGf. STATE: C 0 ZIP: 0/ 5 6 I ieSlcl en bQI 6Lrea 5 (,•i•3D• I � : 0 0 prn — e.' U !J prn Type (see definitions): ❑ Cart Eitilehicle ❑ Display Apparatus Vendor Type (see definitions): E Street Vendor ❑ Sidewalk Vendor ❑ Private Property Vendor ❑ Local Vendor ❑ Food Vendor Pre- — Pct_cle aye Bunny /era,/tic,/-' Goods, wares, services or merchandise to be sold or offered for sale: BUSINESS OWNER'S NAME: OWNER'S ADDRESS: ce P/0 S .100 G/ltil. /rve, OWNER'S DRIVER LICENSE NUMBER & STATE DR OTHER PROOF OF IDENTITY: CrrY: PHONE: C DI Tcf. STATE: ( U 505 -��-S ZIP: �fl 50 OWNER'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: OPERATOR'S NAME OF DIFFERENT FROM OWNER): PHONE: OPERATOR'S ADDRESS OF DIFFERENT FROM OWNER): CrrY: STATE: ZIP: SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION):,/ NAME REGISTERED WITH THE STATE FOR TAX ID: / ' / e C FC Ci✓C S 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 1S 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 28 of 163 6-3 Special Events/Vendors/Beer Licenses THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL (IF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS 'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. uvvE Flores HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE EMT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/VVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER.. IMIE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. •/r.--1/ 5 / 0 17- nature of App'icanl Date State of-.1424(V(WA County of ) NVAAA AND SWORN In befbFja me this V l�S day of 1 AAA}l1 M(' NOTARY PUBLIC DEFINITIONS: SAVANNAH QUILLIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20164026114 t: My Commission Expires July 11, 202 ' 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. i 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 tern "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5•14•): o Street Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. v 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. 11/27/2013 T:1BUSINF,SS LICENSES113US 1,1C PORMS!Qus Lic - Vendor rerisou.docc Page 29 of 163 6-3 Special Events/Vendors/Beer Licenses VENDOR APPLICATION CHECKLIST P" DESCRIPTION OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING: ❑ DIMENSIONS OF THE STRUCTURE ❑ PHOTOGRAPHS OF STRUCTURE ❑ SITE PLAN TO A SCALE OF NOT LESS THAN "IX:EQUALS OAE FOOT SHOWING: ❑ 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 7SIGN PLAN ❑ CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) n BACKGROUND CHECK (IF PROPOSING OPERATION IN A RESIDENTIAL ZONE) ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM CpHEALTH INSPECTION REPORT (IF APPLICABLE) ❑ IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, AT7ACH 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. I7ZONING COMPLIANCE EVIDENCE ❑ COMPLETE ATTACHED COMPLIANCE FORM ❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) ❑ FIRE OR BUILDING INSPECTION (IF APPLICABLE) ❑ COMPLETE ATTACHED INSPECTION SHEET Cl 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 SPEC/AL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 11/27/2013 T:IBUSINESSLICENSESIBUSLICFORA-ISIBusLic- Vendor revison.doca Page 30 of 163 6-3 Special Events/Vendors/Beer Licenses LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: '/J -/ 7 O APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING gAPPROVEO ❑ DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED O DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: 16 APPROVED O DISAPPROVED REASON(S): Fee Calculation: Mobile Vendor Fee Structure Administrative Fee* $600 one time fee Solid Waste Pee/Food vendors $10 per month or partial month Limited Term .(liens than 30 days) $6110 Fiat Fee (includes administrative fee) Long Term (1 month 12 months) $20 . - r month (plus admin fee) *Waived for local vendors with permanent business address in Grand County _ .._,_-��-�-T_-.Y*�, Total Fee II/27/2013 T.•iBUSINES'SLICE S(SBUSL1CFORL1SiOusLk-Vendorrevison.docs Page 31 of 163 6-3 Special Events/Vendors/Beer Licenses CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAN 84532 (435) 2595121 I FAX (435) 259-4135 FOR, OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INCICATE SERVICE(S): L OTHER, PLEASE EXPLAIN: t t'h c-ta r A - Joe 1 CrA ✓' s-'� BUSINESS NAME BUSINESS ADDRESS: 2 W) l-i F411 ! 2 VF-, ftr(.4,1v V61- !� OWNER'S NAME: a jS� I tiA ( TYPE OF BUSINESS (EXPLAIN IN DETAIL): 1%-e Y? cip r' • BUSINESS PHONE: 505 • 97 30 OWNER'S PHONE 1_Yn 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: D YES D NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED D DISAPPROVED D REASON: SIGNATURE FIRE INSPECTOR (435)259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: D YES D NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED D DISAPPROVED D REAsoN: SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED: O YES liNO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED pL1 DISAPPROVED D REASON: 07/01/05 Page 32 of 163 6-3 Special Events/Vendors/Beer Licenses miry or moat) 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: y Name of Applicant: "I � a (a, Fiore 5 Business Name: in r(t- a5 5bve..n,t- �Y�GAS Address: 2 ed =1 i,1114 Gran o1 Tct Lt7 klsal Phone: .5-b5 " 210 - W 130 Email: mri 06v?" / 9Pq e Property Owner: lV/l� Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): LK. Street Vendor ❑ Sidewalk Vendor ❑ Private Property Vendor ❑ Local Vendor ❑ Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Cart ❑ Vehicle ❑Display Apparatus Detailed description of business activities: r tA) P e-k -1-- to. I a veal a v?(24 6ffev g 04 fia r) n }gyp p (0)a m c�i-� 1 r� -f'w v f t rn es n�/ r r ve sic/,,r) ti r.�l re. - pJ i c-k Ge- ✓ ,P d FC) F- .art / . Total number of off-street parking spaces: Q( Hours of operation.. 12.0 ro To be filled out by city: Zoning: M Allowed use per Moab Municipal Code section: UU ern NIA Number of parking spaces required for permanent business. NO Number of parking spaces required for other businesses: N A \)-(3-RdaiY\ to • CA ' 11 Zoning Administrator Date Page 33 of 163 6-3 Special Events/Vendors/Beer Licenses Dimensions and Description of Vehicle: 1999 Dodge Ram 1500 Van. Length-17' Width- 6' Height- 6'8" Page 34 of 163 6-3 Special Events/Vendors/Beer Licenses sasuaDn JaaysJopum/s4.uan3 ppacts E-9 liMnr:LM MOAB CITY POLICE DEPARTMENT 217 East Center Street, Suite #130 Moab, Utah 84532 (435) 259-8938 FAX (435) 259-8915 May 25, 2017 To Whom It May Concern: The Criminal History report for Mecca Noel Flores pertaining to a license/vendor permit application has returned with "No Criminal Record Found". No disqualifying information was found. Thank you, Steve Ross Acting Chief of Police ar-Nm Page 36 of 163 MOAB CITY COUNCIL MEETING June 13, 2017 Agenda ltem #: 6-4 Title: Approval of a Private Property Vendor License for Phantom Fireworks Eastern Region, LLC, Located at 817 South Main Street for a term of June 15, 2017 to August 1, 2017. Fiscal Impact: N/A Staff Presenter(s): Jennie Ross, Treasurer Department: Treasurer/Planning Applicant: Joee Witter, Regional Manager Background/Summary: This applicant is seeking approval for a fireworks stand located on the Moab Chevron property at 817 S Main St. They have previously been licensed to sell fireworks and did not have any issues. Staff has reviewed the proposed application and finds that it meets the requirements of our vendor ordinance. The applicant is requesting an exception for a 20x8 metal storage container as per the Utah Fire Prevention Rule R710-2-3 to securely lock the fireworks in. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of a Private Property Vendor License, subject to the following conditions: 1. All required inspections as listed in the Vendor Application 2. Hours of operation shall be limited to 7:oo am to io pm 3. Specific Business Dates for fireworks sales to be 6/24/17—7/o4/17 & 7/22/17-7/24/17. They will begin setting up 6/15/17 & will have everything removed by 8/1/17. 4. Approve the requested exception for a 2ox8 metal storage container. Recommended Motion: "I move to approve a vendor license for Phantom Fireworks Eastern Region, LLC to be located at 817 S Main St." Attachment(s): Vendor Application Page 37 of 163 6-4 Special Events/Vendors/Beer Licenses] DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL— YEARLY) aUSINESS LtOENSE APPLICATION 217 EAST CENTER STREET Mont, UTAH 84532 (435) 259-5121 / FAX (435) 259.4135 PLEASE MAKE CHECKS PAYABLE TO; CIJYOFMOAB FEE: $ (As DETERMINED EY RESOLUTION LICENSE #: ZONE.: C4 BUSINESS NAME: Phantom Fireworks Easter Region, LLC BUSINESS PHONE: 801-825-6101 BUSINESS MAILING ADDRESS: P.O. Box 160421 CIrY: Clearfield STATE: UT ZIP: 84016 email address: abraithwaite@fireworks.com /jwitter@fireworks.com Location(s) where business will be conducted: Attach agreement of authorization from property owner(s) including employee use of Restroom Facilities Ch Ld r-o r� Length of time and/or specific dates business will be conducted: Appx. 6/24 - 7/4 & 7/22 - 7/24 Proposed hours of operation: Appx 10 am - 10 pm Type (see definitions): ❑ Cart 0 Vehicle Ia Display Apparatus Vendor Type (see definitions): Ci Street Vendor ❑ Sidewalk Vendor Es3 Private Property Vendor ❑ Local Vendor ❑ Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: State approved 1.4g Consumer fireworks BUSINESS OWNER'S NNE: Joee Witter (Regional Manager) onER'sADDREss: same as business OWNERS DRIVER LINSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OwNER'S SOCIAL SECURITY NUMBER: OPERATOR'S NAME (IF DIFFERENT FROM OWNER): Kevin Barnett CITY; PHONE: 801-825-6101 STATE: ZIF: DATE OF BIRTH: PHONE: 805-464-8503 OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER): II'7S Sgtik r Sin; Moab pSTATE: UT gyp; SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FDRTAX ID: Phantom Fireworks Eastern Region, 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 38 of 163 6-4 Special Events/Vendors/Beer Licenses THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL (IF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS C' MISDEMEANOR TO OWN OR OPEPATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. IlWE Joee Witter PLEASE PRINT NA E(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OVINE: IN1E AGREE T!•I� E THE PROPER REPORTS'NITH THE STATE OF UTAH, HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY S — / --,2e9/ 7- Signature of App'icant Date State of Utah ) i ir'j County of Grand ) SUBCRIBED AND SWORN to before me this 1 day of ,�� "Zl•'v�� DEFINITIONS: pity 120Z`ttnv ,�- uo saiidx3 uolsslwwo0 AN r £1Z469 oN wwoD �_�` i gem joalms— DNgnd,UeloN %U 111VMHlIVUB NMVQ MAN 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 5,14* o Street Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, ➢ Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within (Moab City or Grand County. • Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. ➢ Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. ➢ Street Vendor: Any person travelling by vehicle, bicycle or other street-fegai conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. 11/27/2013 T.'1BUS/NGSSLICENSES1BUSLICFORASiBusLia-Vendorrenesan_does Page 39 of 163 6-4 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: INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): :: OTHER, PLEASE EXPLAIN: BUSINESS NAME: BUSINESS ADDRESS: OWNER'S NAME: Phantom Fireworks Eastern Region, LLC 817 South Main Street; Moab Joee Witter, Regional Manager BUSINESS PHONE: 801-825-6101 OWNER'S PHONE 801-825-6101 TYPE OF BUSINESS (EXPLAIN IN DETAIL): Retail sale of state approved 1.4g consumer fireworks from a temporary outdoor stand; storing excess fireworks in a metal container) 0 feet from stand. THE FOLLOWING INSPECTIONS MAY ESE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435)259-1344/1345 125 EAST CENTER INSPECTION REQUIRED: E1 YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED D REASON: SIGNATURE FIRE INSPECTOR (436)259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED CI REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED: ❑ YES M No (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED t3 DISAPPROVED 0 REASON: 07/01/05 Page 40 of 163 6-4 Special Events/Vendors/Beer Licenses CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259 5121 FAX (435) 259-41 35 Property Owner Authorization Letter ttathed-properly-lease-and-restroem permisston-#fern-preoefty-owner City of iivloab Treasurer's Office 217 E. Center St. ]Moab, ur 84532 This letter is to certify that 1, (proper' owner name) Date: _ . S I an the owner of the property located at S f S' (Act 0 oovz-�7S1 (properly nddnas and parcel tax ID ;) 1 understand that fre;ee_fer-- (name of bunness license applicant) has applied for a business license for Ph4riLv tvvt (applccant business name) from the City of Moab and that their business will be located from the above described address. 1 hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for employees of the above listed business. Signature Printed Name Telephone # r41( Q SLi ! Email 1 Please list additional businesses authorized to use the above property and regrown facilities: Page 41 of 163 6-4 Special Events/Vendors/Beer Licenses Phanto n Fireworks Eastern Region LLC P.O. BOX 16042/ Clearfield, UT 84016 Office; 801-825-8101 Restroom Permission 1, S. h\a,1- 1 _ . ` -1 Mt Gp-s ��, hereby acknowledge that, the operators of Phantom Fireworks working within the grounds of the Chevron at 817 South Main Street; Moab, UT 84532 are granted permission to use the restrooms and sanitary facilities. Sincerely, r 'vs, .e Page 42 of 163 Name Title Facility 6-4 Special Events/Vendors/Beer Licenses Lay ox moao 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Name of Applicant: Joee Witter Business Name: Phantom Fireworks Eastern Region, LLC Address: 817 South Main Street; Moab, UT 84532 Phone: 801-825-6101 Lmail: jwitter@fireworks.com Property owner: Vendor Type (see Moab Municipai Code Chapter 5.64.010 for definitions): ❑Street Vendor 0Sidewalk Vendor ® Private Property Vendor ❑ Local Vendor O Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): 0 Cart 0Vehicle 0 Display Apparatus Detailed description of business activities: Retail sale of state approved 1.4G consumer fireworks from a temporary fireworks stand. Fireworks to be stored onsite approximately ,> v feet from stand in a metal storage container. Total number of off-street parking spaces: 10 Hours of operation. appx. 10 am - 10 pm To be filled out by city: Zoning: CA Allowed use per Moab Municipal Code section: 11 • T1 • 0 p� 0 Number of parking spaces required for permanent business. 10 Number of parking spaces required for other businesses: --9". - "t9F11 Zoning Administrator Date Page 43 of 163 6-4 Special Events/Vendors/Beer Licenses sasuaDri Jaa8/sJopuaA/s.t.uan3 inpacis 17-9 RETAIL FIREWORKS SITE PLAN Phantom Fireworks Utah Office (801) 825-6101 Site Account # Location Name: Location Address: Location Cit /State: Water Barrel / Stake: Chevron Moab 817 S Main St Moab, UT 84532 Weis hts Stand or Tent: Size: Not U • Before: Stand 7.5x15.5 6/15/2017 7/31/2017 Crew must call with any issue/question Paul: 385-239-2254 or Joee: 801-946-5313 Additional Info: INNS a SUITES Page 44 of 163 r flre. oer):5e ter, ?t7 745 fr)( 15.5rjr s4-6,/101, S shall bt jaintto ay Aathed -Fo display q1949Armivs. Signs shAl] ylofi eX�tnd move ol\splay arF6raty s, Page 45 of 163 6-4 Special Events/Vendors/Beer Licenses Phantom Fireworks Eastern Region, LLC P.O. Box 160421 Clearfield, UT 84016 Office: 801-825-6101 May 10, 2017 Dear Moab City Council, I am writing to request an exception to allow a 20x8 metal storage container for our proposed vendor sales location at Chevron 817 S Main Street. Due to the nature of our business selling Utah state approved consumer fireworks, the Utah Fire Prevention Rule R710-2-3 requires a metal storage container to securely lock the fireworks in overnight. This is standard practice in the consumer fireworks industry. You can also contact Deputy Fire Marshal Ted Black 801- 284-6352 or the Utah Fire Marshal's office at 801-284-6350 if you need any further information or clarification on the Utah state Fireworks Statue UC57 or Fire Prevention Board Rule R710. R710-2-3. General Requirements. 3.5 A salesperson shall remain at the sales location at all times unless suitable locking devices or secured metal storage containers are provided to prevent the unauthorized access to the merchandise by others. Additionally, the metal container allows for the secure storage of the fireworks before, during and after the legal sales period until any unsold items can be returned after Pioneer Days. Phantom Fireworks offers a wide variety of safety materials as well as videos on how to properly use consumer fireworks. We would be happy to assist Moab City and Moab Fire with any public fireworks safety awareness. This would be in addition to the materials we will have on site at our sales facility. We look forward to again operating in the City of Moab and we appreciate your help. Pac-Van Utah Storage Container Example Page 46 of 163 Thank you, joee 'Witter PHANTOM Regional Manager UT -ID -CO PO Box 160421 Clearfield, UT 84016 Office: 801-825-6101 Cell: 801-946-5313 6-4 Special Events/Vendors/Beer Licenses Joee litter <jwitter@fireworks.com> Reply -To: Jwitter@fireworks.com To: Jennie Ross <jennie@moabcity.org> Tue, Jun 6, 2017 at 11:10 AM Dear Moab City Council, For our temporary fireworks sales location we are requesting the ability to set up our storage container on site June 15th with the stand following a few days afterwards. With the volume of temporary sales location in the state, the ability to pre place some of our operational items ahead of time helps us be adequately prepared. Adversely, we need a few days after the pioneer selling period to remove our stand, return any unsold fireworks to our warehouse in Clearfield, UT and finally have the empty storage container removed by the container rental company on or before August 1st. In short we are requesting the ability to start setting up June 15th and have everything completely removed by August 1st. Thank you, for your consideration. Sincerely, Joee Witter Regional Manager UT -ID -CO Phantom Fireworks Eastern Region, LLC. PO Box 160421 Clearfield, UT 84016 Phone: 801-825-6101 Cell: 801-946-5313 Page 47 of 163 6-4 Special Events/Vendors/Beer Licenses ACOR13 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/28/2017 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 holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Britton -Gallagher and Associates, Inc. One Cleveland Center, Floor 30 1375 East 9th Street Cleveland OH 44114 INSURED Phantom Fireworks Eastern Region, LLC 555 Martin Luther King Jr Blvd Youngstown OH 44502 CONTACT NAME: (NC, PHONE. ext):216-658-7100 a DRESS:AIL infoQbrittongallagher.com INSURER(S) AFFORDING COVERAGE INSURER A :Everest Indemnity Insurance Co. INSURER B:MaXum Indemnity Company INSURER c :Axis Surplus Ins Company INSURER D : FAX N0):216-658-7101 NAIC p 10851 26743 26620 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1964425471 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP IMMIDDlYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY SI8GL00643-161 10/30/2016 10/30/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) _ $500,0 00 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $1,000,000 X Non -Owned Stand GENERAL AGGREGATE $2,000,000 End't Included PRODUCTS - COMP/OPAGG $2,000,000 GEN'L AGGREGATE LIMIT APPLIES 7 POLICY n PRO- JECT X PER LOC $ AUTOMOBILE LIABILITY SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EXC6025343-03 10/30/2016 10/30/2017 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N / A WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C Excess Liability #2 EAU784017 10/30/2016 10/30/2017 Each Occ/ Aggregate $5,000,000 Total Limits $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured extension of coverage is provided by above referenced General Liability policy were required by written agreement. This certificate relates to the operations of Phantom Fireworks Eastern Region, LLC. P.O. Box 160421; Clearfield, UT 84016. Location: Chevron Moab; 817 South Main; Moab, UT 84532. Dates of operation: June 20th - July 31st. CERTIFICATE HOLDER CANCELLATION Moab Gas LLC 817 South Main Moab UT 84532 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 48 of 163 ial Events/Vendors/Beer Licenses Agenda Summary Sheet Council Meeting Date: June 13, 2017 #: 7-1 Title: Approval of Task Order with Hansen, Allen and Luce (HAL) Engineers for Pre -Project Planning services for improving 100 South Street from Main to 200 East Street with a fee amount not to exceed $27,900.00. Fiscal Impact: $27,900.00 Staff Presenter(s): Eric Johanson, Acting City Engineer Department: Engineering Consultant: Hansen, Allen and Luce Engineers Background/Summary: This task order will allow Hansen, Allen and Luce Engineers and their preferred Landscape Architect sub-contrator firm, Landmark Design, to plan additional street landscaping and surface features on 100 South Street and 100 East Street, planning that is required previous to their being able to execute their task order 380.10.100, which was approved by Council on May 23, 2017. These street landscaping and surface features include possible bulb -outs, park strips, center islands, low impact storm drain disposal, a landscaped food truck area and additional walkways leading to Mill Creek Parkway. In the lead -up to the May 23, 2017 Council meeting City staff received communication from Council member Kalen Jones regarding the possible addition to the 100 South Street Resurfacing and Storm Drain Project of some of the landscaping and features described above. This was also reiterated by Council at the meeting in the discussion previous to the passage of that task order. City staff also regularly receives communication from community members regarding the implementation of such Green Infrastructure. This pre -project planning will create a forum and process to productively implement applicable and desired street landscaping and green infrastructure without compromising the engineering necessities that are driving the need Page 49 of 163 7-1 Consent Agenda for the 100 South Street Resurfacing and Storm Drain project that was passed on May 23, 2017. Options: Approve, deny, modify or postpone. Staff Recommendation: Staff recommends that Council approve the 100 South Street Pre -Project Planning Services Task Order with Hansen, Allen and Luce Engineers. Recommended Motion: I move to approve the 100 South Street Pre -Project Planning Services Task Order with Hansen, Allen and Luce Engineers and direct the mayor to sign the agreement. Attachment(s): - Proposed Task Order. Page 50 of 163 7-1 Consent Agenda HAnSEn ALLE�I &LUCEnc ENGINEERS Mr. Eric Johanson Assistant City Engineer City of Moab 217 East Center Street Moab, Utah 84532 SALT LAKE AREA OFFICE 6771 SOUTH 900 EAST MIDVALE, UTAH 84047 PHONE: (801) 566-5599 FAX: (801) 566-5581 www. ha nsena I lenluce. coma May 31, 2017 Subject: Task Order 380.10.101 - 100 South Reconstruction Pre -Project Planning Dear Eric: Attached, please find a copy of Task Order 380.10.101 for planning and landscape architecture for the 100 South Reconstruction Project. The purpose of this task is to assist the City with planning and architectural services related to landscaping, traffic calming and low impact development storm drainage facilities related to the reconstruction of 100 South. We appreciate the opportunity to work with you on this project. Sincerely, HANSEN, ALLEN & LUCE, INC. Benjamin D. Miner, P.E. Principal ENGINEERING EXCELLENCE SINCE 1 9 7 4 Page 51 of 163 7-1 Consent Agenda Attachment A TASK ORDER NO. 380.10.101 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: CITY OF MOAB Effective Date of Master Agreement: April 22, 2014 THIS TASK ORDER NO. 380.10.101 ("this TASK ORDER") to the CITY OF MOAB MASTER AGREEMENT FOR PROFESSIONAL SERVICES (AGREEMENT) is made and entered into as of the day of June , 2017, by and between OWNER and HANSEN, ALLEN & LUCE, INC., a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: 100 South Reconstruction Project: Pre -project Planning 2. PROJECT SITE. The PROJECT SITE is located as follows: City of Moab, Utah 3. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER are attached hereto as Exhibit A. 4. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $27,900. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the AGREEMENT. 5. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within 120 calendar days following written authorization from the OWNER to proceed. 6. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made part of the AGREEMENT. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. OWNER: ENGINEER: By: By: Printed Name: Printed Name: Benjamin D. Miner Its: Its: Principal Page 52 of 163 7-1 Consent Agenda EXHIBIT A SCOPE OF SERVICES 100 SOUTH RECONSTRUCTION PROJECT — PREPROJECT PLANNING BACKGROUND The City of Moab desires to reduce the risk of flooding along 100 South near 100 East by installing new storm drainage infrastructure as well as by replacing existing storm drainage infrastructure. Water lines and sewer lines will also be replaced. In addition to alleviating flooding in the area and replacing aged utilities, Moab City has expressed interest in updating and improving the landscaping, and park features, as well as adding low impact development storm drainage features along 100 South between Main Street about 100 East. Similar improvements may be designed along 100 East between 100 South and the Mill Creek Parkway. This Task Order addresses the park and landscaping surface improvements along the project area and is in addition to Task Order 380.10.100 which addresses the engineering aspects of street design, utility replacement and improvements. Updated the street landscaping and surface features could 1) improve pedestrian and bike safety, 2) implement low impact designs (LID) for storm drainage disposal, 3) provide a location for local food trucks to operate on 100 East, and 4) connect future walkways to the Mill Creek Parkway. Features used in the updated landscaping could include bulb -outs with appropriate vegetation, landscaped park strips, landscaped center islands dividing the road, additional walkways leading toward the Mill Creek Parkway, and/or a landscaped food truck area. LIDs can be implemented in the landscaping, but it is important to note that the flooding in the area does not occur due to local runoff and LID designs would not be expected to significantly alleviate any existing flooding. Efforts to determine the best option for the surface landscape design of 100 South will include close cooperation with City Staff and the Moab City Council. The approach to develop alternatives will generally begin with brainstorming sessions with City Staff, determination of engineering requirements (utilities, parking, traffic accommodations), coordination with Landmark Design to provide conceptual drawings of alternatives, and an iterative process of review and modification of the selected alternatives with the City of Moab. The proposal from Landmark Design, as well as examples several of their past projects, is included as Exhibit C. The landscaped surface improvements will be based on direction from the City of Moab and will therefore be flexible throughout the design process. The role of Hansen, Allen & Luce, Inc. (HAL) in coordination with Landmark Design is to help the City visualize various design options, compare the designs, and then facilitate Moab's selection of the optimal design based on the aesthetics, added community benefits, compatibility with the engineering requirements, and the financial impact. Exhibit A Page 1 Page 53 of 163 7-1 Consent Agenda EXHIBIT A SCOPE OF WORK The scope of work is outlined by Task and Subtask below. TASKS: 100. Project Start-up and Data Collection a. Project initiation, coordination and communication. b. Coordinate and meet with Landmark Design. c. Prepare AutoCAD base map including survey data and utilities from Task Order 380.10.100. Deliverables: AutoCAD base map to be provided to Landmark Design 200. Development of Conceptual Surface Design a. Determine traffic requirements according to city standards (lane width, estimated traffic load, etc.) in coordination with City Staff. b. Determine parking requirements (review City Code or determine necessary parking to accommodate adjacent residences or businesses) in coordination with City Staff. c. Coordinate with City of Moab on possible design alternatives. Alternatives may include implementation of bulb -outs, park strips, center islands, and an area for food trucks on 100 East. Includes one meeting and trip to Moab. d. Develop drawings of conceptual alternatives. e. Coordinate with Landmark Design on conceptual designs (Task 300). f. Meet with Moab City to determine preferred design. g. Finalize conceptual surface design. Deliverables: Conceptual surface design delivered to Moab City and Landmark Design. 300. Landmark Design Landscape Architectural Improvements a. Gather data and coordinate with Hansen, Allen & Luce, Inc (Task 200). b. Hold scoping meeting with City Staff and Council in Moab City. Landmark Design will visit the project location and develop initial conceptual drawings of two options while in Moab. Landmark will require a working space to develop the drawings and options. c. Hold conceptual design meeting with City Staff and Council (during the same trip as the scoping meeting) to present the two options developed during the previous day. d. Prepare design based on scoping and concept meetings and send to Hansen, Allen & Luce electronically for review and verification of the compatibility of the design with the engineering requirements. Exhibit A Page 2 Page 54 of 163 7-1 Consent Agenda EXHIBIT A e. Prepare final conceptual design and deliver to City of Moab. Deliverables: Streetscape Conceptual Design. Assumptions: Assumptions upon which the above estimated fee is based are as follows: 1. The Hansen, Allen & Luce, Inc. (HAL) Scope of Work and Engineering Fee have been developed and estimated assuming that the project will proceed in general conformance with HAL's proposal. 2. Survey data is needed for this project to be most effective. The cost of surveying is provided in Task Order 380.10.100. Exhibit A Page 3 Page 55 of 163 7-1 Consent Agenda STANDARD FEE SCHEDULE 2017 PERSONNEL C HARG ES EXHIBIT B Client agreesto reimburse Hansen, Allen & Luce, Inc. (HAL), for personnel expenses directly related to the completion of the project, in accordance with the following: Senior Managing Professional $177.00/hr Managing Professional $151.95/hr Senior Professional II $141.00/hr Senior Professional I $132.15/hr Professional III $120.20/ h r Professional II $110.00/hr Professional I $102.20/ h r Professional Intern $92.30/ h r Engineering Student Intern $47.90/hr Senior Designer $98.60/hr Senior Feld Technician $100.50/hr Field Technician $80.15/ h r CAD Operator $80.15/hr Secretary $58.95/ hr Professional Land airveyor $113.30/hr 1 Man GPSSurveying Services—Slarveying Technician $100.50/hr 1 Man GPSSurveying Services- PLS $133.90/hr 2 Man GPSSurveying Services- PLS $149.30/hr Expert Legal Services $280.00/hr DIRECTCHARGES Client also agreesto reimburse HALforaII other costs d irectly related to the completion of the project. Direct chargesshall include, but not be limited to, the following: Communication, Computer, Reproduction $6.00 per labor hour Out-of-town perdiem allowance (lodging not included) $35.00 per day Vehicle $0.65 per mile Outside consulting and services Cost plus 10% Other direct expensesincurred during the project Cost plus10% Trimble GPSUnit $130.00 per day Drone Unit $500.00 per day plusdata conversion costs Data Logger/Transducer $125.00 per week INTERESTCHARGEAF7ER30 DAYS FROM INVOICEDAIE 1.513/0per month Note: Annual adjustmentsto personnel and direct expense chargeswill occur in January of each year. Mileage rate changesare based on fuel prices. Page 56 of 163 HAnsER A LLER & LUCE= c n c. , n i L A. 7-1 Consent Agenda HAL PROPOSAL SPREADSHEET CLIENT: City of Moab PROJECT: 100 South Reconstruction Project - Preproject Planning Hours Pha Task # Task Activity Billing Total Labor Communications Miles Direct Expense Total HAL Outside COMMENT Period Principal Manging Prof. Sr Prof II Sr Prof I Prof II Prof I Sub 1 Hours Costs /Office Expense Travel Expense Cost Cost Expense WIRSEII num & LUCE= ENGINEERS 100 Project Start-up and Data Collection 100 Project initiation, coordination, and communication 1 4.4 2.2 6.6 $806.30 $39.60 39.60 $845.90 101 Coordinate and meet with Landmark Design 1 2.2 2.2 4.4 $515.57 $26.40 26.40 $541.97 102 Prepare AutoCAD base map from 380.10.100 1 3.3 3.3 $337.26 $19.80 19.80 $357.06 199 Quality Control (QC) / Quality Assurance (QA) 1 1.1 1.1 $145.37 $6.60 6.60 $151.97 SUBTOTAL HOURS/UNITS: 0 0 0 7.7 0 7.7 0 15.4 0 0 SUBTOTAL: $0.00 $0.00 200 Development of Conceptual Surface Design $0.00 $1,017.56 $0.00 $786.94 $1,804.50 $92.40 $0.00 $0.00 $92.40 $1,896.90 $0.00 Outside / Subconsultant Costs 200 Determine traffic requirements 1 1.1 1.1 2.2 $257.79 $13.20 201 Determine parking requirements 1 1.1 3.3 4.4 $482.63 $26.40 202 Meeting in Moab to Coordinate Concepts 1 13.2 13.2 26.4 $3,093.42 $158.40 203 Develop conceptual drawings of alternatives 1 4.4 19.8 24.2 $2,605.02 $145.20 204 Coordinate with Landmark Design 1 1.1 4.4 5.5 $595.05 $33.00 205 Meet with Moab City to determine preferred design 1 13.2 13.2 $1,744.38 $79.20 206 Finalize conceptual surface design 1 4.4 13.2 17.6 $1,930.50 $105.60 299 Quality Control (QC) / Quality Assurance (QA) 1 1.1 1.1 2.2 $315.70 $13.20 SUBTOTAL HOURS/UNITS: SUBTOTAL: 1.1 55 550 0 0 38.5 1.1 55 0 95.7 1100 0 $194.70 $0.00 300 Landmark Design Landscape Architectural Improvements 300 Gather data and coordinate with HAL 1 301 Hold scoping meeting in Moab 1 302 Hold conceptual design meeting in Moab 1 303 Prepare design and review with HAL 1 304 Prepare final conceptual design and deliver to Moab 1 399 Quality Control (QC) / Quality Assurance (QA) 1 SUBTOTAL HOURS/UNITS: SUBTOTAL: TOTAL HOURS BY EMPLOYEE: $0.00 $5,087.78 $121.00 $5,621.00 1.1 1.1 1.1 1.1 1.1 0 $0.00 1.1 0 $0.00 0 0 $0.00 0 0 $0.00 46.2 13.20 26.40 515.90 145.20 33.00 79.20 463.10 13.20 $270.99 $509.03 $3,609.32 $2,750.22 $628.05 $1,823.58 $2,393.60 $328.90 Includes Meeting in Moab Includes Meeting in Moab $11,024.48 $574.20 $715.00 $0.00 $1,289.20 $12,313.68 $0.00 Outside / Subconsultant Costs 1.1 $0.00 $0.00 1.1 $0.00 $0.00 1.1 $0.00 $0.00 1.1 $0.00 $0.00 1.1 $0.00 $0.00 0 $0.00 $0.00 0 0 5.5 5.5 $0.00 $0.00 1.1 PHASE TASK Labor Direct Exp Subtotal Subconsultant SubTotal Costs Cost Costs 100 Project Start-up and Data Collection $1,804.50 $92.40 $1,896.90 $0.00 $1,896.90 200 Development of Conceptual Surface Design $11,024.48 $1,289.20 $12,313.68 $0.00 $12,313.68 300 Landmark Design Landscape Architectural Improvements $0.00 $13,684.00 $13,684.00 $0.00 $13,684.00 TOTAL: $12,828.97 $15,065.60 $27,894.57 $0.00 $27,894.57 62.7 5.5 $0.00 $0.00 Im 1518 3960 3960 2123 2123 1518.00 3960.00 3960.00 2123.00 2123.00 0.00 $1,518.00 $3,960.00 $3,960.00 $2,123.00 $2,123.00 $0.00 Landmark Design Landmark Design Landmark Design Landmark Design Landmark Design 0 13684 $0.00 $13,684.00 14444444#### $13,684.00 $0.00 Outside / Subconsultant Costs Page 57 of 163 7-1 Consent Agenda Proposal for Planning Services for 100 South Streetscape Improvements in Moab Landmark Design Benjamin Miner, Principal Hansen, Allen & Luce, Inc. 859 West South Jordan Parkway, Ste. 200 South Jordan, Utah 84095 May 26, 2017 RE: PROPOSAL FOR PLANNING SERVICES FOR 100 SOUTH STREETSCAPE IMPROVEMENTS IN MOAB Dear Ben, LANDMARK DESIGN Landmark Design LANDSCAPE ARCHITECTURE & PLANNING Artspace Solar Gardens 850 South 400 West Studio 104 Salt Lake City, Utah 84101 S01,474.3300 www.ldi-ut.com Landmark Design is pleased to present this proposal for providing Planning Services for the 100 South Streetscape Improvements in Moab, Utah. Landmark Design provides the required expertise and creativity to this project, building upon a long legacy of comparable work. Landmark Design has completed master planning, design and construction documents for dozens of comparable streetscape projects. A firm description, resumes, and project examples can be found at the end of this proposal. We understand that Hansen, Allen and Luce, Inc. (HAL) has contracted with the Moab City to provide storm drainage improvements and replacement of the road on 100 South between Main Street and 200 East. As part of that process, the City has indicated that they would like to see additional improvements along the street edges and intersections within the two blocks. These improvements may continue south 100 East in an effort to seamlessly connect 100 South to the Mill Creek Parkway. Landmark Design has prepared the following Scope of Work to assist HAL in the conceptual design of these streetscape improvements. PROPOSED SCOPE The following is a summary of our proposed scope of work, by task: Task 1: Background/Data Collection In order to maximize efficiency and minimize travel costs, Landmark Design proposes combining scoping and concept design development into a single, two-day meeting/work session, to be held on -site in Moab. We will require a room or office space to conduct this effort. In preparation for that meeting, Landmark Design will coordinate with HAL to obtain base materials and background information. Task 2: Back -to -Back On -Site Scoping & Concept Design Development Once in Moab, Landmark Design will hold a scoping meeting with Moab City Staff and City Council members to get a solid understanding of the City's expectations, desires, and thoughts on the streetscape improvements for two blocks on 100 South and will then prepare a minimum of two alternative designs. The concepts will be hand drawn illustrations of two distinct conceptual plans, sections, and —depending on resources available —could include additional illustrations and graphics that help convey the design intent. At the end of the two-day process, the alternatives will be presented to City staff and Council in order to determine a preferred direction. Meetings: Back-to-back (Two -Day) Scoping Meeting and Concept Design Development Review with City Staff & City Council Deliverables: Concept Sketches/Drawings Page 58 of 163 Page 1 7-1 Consent Agenda Proposal for Planning Services for 100 South Streetscape Improvements in Moab Landmark Design Task 3: Final Concept Landmark Design will incorporate the information and direction received during two-day meeting to prepare a draft plan, upon return to our office in Salt Lake City. The draft plan will be sent electronically to HAL for initial input, and eventually to Moab City Staff and Council for final review and additional feedback and/or changes. Landmark Design will then incorporate this input into the final concept design. Meetings: Review Meeting via Conference Call Meetings with HAL in Salt Lake City, As Needed Deliverables: Final Streetscape Concept FEE PROPOSAL Landmark Design proposes the following fees for the tasks described above. Task 1: Background/Data Collection 1 Principal Landscape Architect/Planner, 2 hours @ $140.00 1 Senior Landscape Architect/Planner, 10 hours @ $110.00 Total Fee Task 1 Task 2: Back -to -Back On -Site Scoping & Concept Design Development 1 Principal Landscape Architect/Planner, 24 hours @ $140.00 1 Senior Landscape Architect/Planner, 24 hours @ $110.00 Travel/Lodging/Per Diem Expenses (2 Days x 2 Staff @ $600/day) Total Fee Task 2 Task 3: Concept Design 1 Principal Landscape Architect/Planner, 2 hours @ $140.00 1 Senior Landscape Architect/Planner, 8 hours @ $110.00 1 Landscape Architect/Designer, 30 hours @ $90.00 Total Fee Task 3 Total Fee (Tasks 1-3) $280.00 $1,100.00 $1, 380.00 $3,360.00 $2, 640.00 $1,200.00 $7,200.00 $280.00 $880.00 $2, 700.00 $3, 860.00 $12,440.00 Landmark Design is available for assistance with taking the conceptual design into construction documentation. If you decide you would like us to provide those services at a later date, we will be more than happy to provide you with separate scope and fee proposal upon request. We look forward to the opportunity to work with you and your staff. If you have questions or require clarification, please contact us at 801.474.3300. Respectfully, Mark Vlasic, ASLA, LLA, AICP, LEED Green Associate Principal -in -Charge and Project Manager Page 59 of 163 Page 2 7-1 Consent Agenda Proposal for Planning Services for 100 South Streetscape Improvements in Moab Landmark Design LANDMARK DESIGN Landmark Design is a Salt Lake City based landscape architecture and planning firm with talented personnel experienced in all facets of the profession, including urban design, landscape architecture and community planning. Our firm was founded in 1987 and has been providing continuous services throughout the Intermountain West ever since. We currently employ four professionally licensed landscape architects (PLA), two certified planners (AICP), and three LEED Green Associates. Landmark Design offices located in the Artspace Solar Gardens building in the Granary District of Salt Lake City. Completed in 2013, Solar Gardens is the first net -zero mixed use project in Utah Landmark Design is particularly skilled and knowledgeable in the area of urban design, small area planning, site planning and similar work. The following is a brief list of key projects completed within the past ten years. Sidewalk, Trail & Streetscape Planning/Design • Jordan Valley Water Conservation District Demonstration Gardens — Park Strip and LocalScapes Demonstration Gardens • Red Butte Garden Entry Landscape • USU Grand Avenue at Innovation Campus • UVU Roadway Enhancements • SL Community College Redwood Road Entry Landscape • SL Community Center - Student Center Landscape and Irrigation Design • Sandy City Government Center Plaza Master Plan, Sandy, Utah • Park City Walkability/Bikeability Study, Park City, Utah • Sandy City Downtown Promenade Plan, Sandy, Utah • Woods Cross 500 South Streetscape and Corridor Study • Salt Lake County Emigration Canyon Trails Master Plan • Salt Lake County Jordan River Trails Master Plan • Logan Wayfinding Study • SLC Public Lands Wayfinding and Interpretive Signage Project • El Morro Promenade Extension and Master Plan, San Juan, Puerto Rico — National Park Service • SLC Open Space Signage Master Plan and Phase One Implementation • Tooele County Shorelands Wayside Interpretation Trailhead for SITLA Green Infrastructure & LEED Certified Landscape/Site Design • 500 West Park Blocks, Salt Lake City, Utah • Jordan Valley Water Conservancy District Demonstration Gardens — Phase I and II • City Creek Park, Salt Lake City • Memory Grove Restoration, Salt Lake City • Salt Lake International Airport Landscape Master Plan and Implementation Design • Daybreak Elementary School, Kennecott Land Company and Jordan School District Page 60 of 163 Page 3 7-1 Consent Agenda Proposal for Planning Services for 100 South Streetscape Improvements in Moab Landmark Design • Sego Lily Gardens, Sandy City • Park City Water Conservation Demonstration Garden • Kern River Gas Transmission Line Re -vegetation, Summit County to Davis County • Old Mill Golf Course Natural Areas Re -vegetation, Salt Lake County • 1-215 Landscape and Re -vegetation, Utah Department of Transportation • St. Mary's of the Assumption Catholic Church, Summit County, Utah • Giovale Library, Westminster College, Salt Lake City, Utah • Red Butte Garden and Arboretum Visitor Center and Entry Drive • This is the Place State Park, Utah DFCM and Utah State Parks and Recreation • Antelope Island Visitor Center, Utah DFCM and Utah State Parks and Recreation • Provo City and University Avenue Interchange Landscapes, Utah Department of Transportation • Olympic Ski Jump Venue, Park City Olympic Sports Park • Mesa Verde Archive and Visitor Center, National Park Service • Grand Teton Moose Maintenance Building, Wyoming — National Park Service • El Morro Promenade Extension and Master Plan, San Juan, Puerto Rico — National Park Service • USU - USTAR at Utah State University - LEED Gold • Salt Lake County Public Works Administration Building - LEED Platinum • Daybreak School and Recreation Center, Jordan School District - LEED Certified LEED Certified • NPS Central High School Historic Site Visitor Center, Little Rock, Arkansas - LEED Certified • NPS Mesa Verde National Park Research and Museum Collection Facility - LEED Platinum/ SITES 2-Star Rating • NPS Lake Mead Interagency Communication Facility - LEED Silver Page 61 of 163 Page 4 7-1 Consent Agenda Proposal for Planning Services for 100 South Streetscape Improvements in Moab Landmark Design KEY STAFF Mark Vlasic, AICP, PLA, ASLA, LEED Green Associate Principal Planner and Project Manager Mark brings more than 35 years of local and international planning, urban design and landscape architectural experience to the project. Mark joined Landmark Design 20 years ago after returning from Botswana where he was a senior planner for the Department of Town and Regional Planning in Gaborone, Botswana and District Physical Planning Advisor for Swedeplan (International Division of the Swedish National Board of Housing, Building and Physical Planning) in Kanye, Botswana. Mark is a member of the City and County Building Conservancy and Use Committee for Salt Lake City and recently served as Trustee for the Utah Chapter of the American Society of Landscape Architects. Mark is a seasoned planner who has managed a variety of large, complex projects and multi -disciplinary teams on numerous occasions and has recently served as Project Manager and Principal Planner for several Wasatach Front Regional Council (WFRC) Transportation and Land Use Connection projects including: City of North Salt Lake Town Center Master Plan; Taylorsville Expressway BRT Master Plan; and the City of Holladay General Plan Update. In recent years, he managed the South Cache Valley Corridor Development Plan, which included a team of transportation planners and engineers, and involved the coordination of a complex and diverse group of local and county government representatives, UDOT, property owners and other stakeholders. Mark has managed the preparation of numerous and wide-ranging award -winning projects, including the Lehi (Utah) Revitalization Plan, and the Park City Walkable/Bikeable Neighborhood Study, and the El Morro Historic Promenade for the National Park Service in San Juan Puerto Rico. Mark managed the Westminster Small Area Master Plan for Salt Lake City; the Salt Lake Community College Campus Landscape Master Plan; the Sandy City Promenade and City Center Design Studies; the Woods Cross City 500 South Corridor Streetscape Study; the Woods Cross "FrontRunner" Transit Plaza, North Park in Spanish Fork (Utah) and the Downtown Element of the South Ogden General Plan Update. He is also the City Planner for South Ogden City, a position he has held for the past four years. Education BS Urban Planning, University of Utah Master of Landscape Architecture, University of Washington, Seattle Master Certificate in Urban Design, University of Washington, Seattle Memberships/Affiliations Certified Planner, American Institute of Certified Planners (AICP) Professional Landscape Architect (PLA) in Utah, California, Arizona, New Mexico, Idaho, and Montana LEED Green Associate Council of Landscape Architect Registration Boards (CLARB) Certified Full Member, Utah Chapter of the American Society of Landscape Architects (ASLA) Page 62 of 163 Page 5 7-1 Consent Agenda Proposal for Planning Services for 100 South Streetscape Improvements in Moab Landmark Design Jennifer Hale, PLA, ASLA Senior Associate, Landscape Architect Jenny rejoins Landmark Design after several years working on landscape, aesthetic and environmental components on transportation and other civil engineering projects in the Wasatch Front region. During this period Jenny contributed to several multi -modal transportation projects including the Bluff Street and Sunset Boulevard Interchange in St. George, Utah and U.S. 89/300 South Reconstruction in Provo. In addition to roadway/interchange improvements, her work entailed landscape and aesthetic improvements and extensive coordination with project team members and UDOT and city landscape architects. Jenny has also been involved in variety of urban design, transportation and landscape architecture projects while at Landmark Design, with key examples including the Logan City Wayfinding Plan; the Scenic Byway 12 Monument Design Study; Cache Valley South Corridor Development Plan; Woods Cross NW Quadrant Land Use Plan and Highway Entry Concept; National Park Service San Juan Promenade Extension; the City of Woods Cross General Plan Update and Rail Station Plaza Design; Bluff Street in St. George; South Ogden General Plan Update; and the Bitter Creek Reconstruction Plan and the Bitter Creek Design and Environmental Assessment (EA) for Rock Springs, Wyoming among others. Jenny is interested in urban planning and design and, in particular, regionally -sensitive design. Jenny has skills in various professional computer programs, including AutoCAD, ArcGIS, Adobe Photoshop, Adobe Illustrator and Adobe InDesign, and SketchUp. Education BA Humanities (English Emphasis), Brigham Young University Master of Landscape Architecture & Environmental Planning, Utah State University Memberships/Affiliations Professional Landscape Architect (PLA), Utah Full Member, Utah Chapter of the American Society of Landscape Architects (ASLA) Page 63 of 163 Page 6 7-1 Consent Agenda Proposal for Planning Services for 100 South Streetscape Improvements in Moab Landmark Design John Locke Associate, Landscape Designer John joined Landmark Design in December of 2016 and is currently working on the 40th Street Corridor Design for the City of South Ogden. He is also finishing work on regional and site specific analysis for the Hatch Point Campground Redesign for the Bureau of Land Management. Prior to his internship with the BLM, John served as a planning intern for Rural Community Consultants, where he assisted with the Kane County Economic Development Plan and creating a standard framework for the County Resource Management Plans for Daggett, Grand, Iron, San Juan, and Uintah Counties. John held a position as a Teaching Assistant while at Utah State University during his senior year. He also served as an Urban Design and Planning Intern with the City of South Salt Lake, where he assisted with the South Salt Lake Parks, Trails, and Open Space Plans as well as the S-Line Form Based Code. Education Bachelor of Landscape Architecture and Environmental Planning, Sociology Minor Utah State University, Anticipated 2017 Senior Faculty Medal recipient, 2015-2016 Utah Real Estate Challenge, 2nd Place Award, 2016 Memberships/Affiliations Associate Member, Utah Chapter of the American Society of Landscape Architects Page 64 of 163 Page 7 7-1 Consent Agenda Proposal for Planning Services for 100 South Streetscape Improvements in Moab Landmark Design PROJECT EXPERIENCE Landmark Design understands the needs and requirements of this project, and presents the following projects as examples of our ability to capture your vision and needs. The following are descriptions of key projects that illustrate comparable projects completed by Landmark Design, and our ability to complete work on time and on budget. South Ogden 4Dth Street Urban Design Analysis Plan/Streetscape Master Plan In 2012, Landmark Design prepared a Land Use and Urban Design Analysis for the 40th Street Corridor for South Ogden City. Working closely with a team of economic planners, the project assessed a two mile stretch of the busy 40th Street that connects the urban core of the City with major institutions including McKay Dee Hospital and Weber State University to the east. The corridor is a critical transportation link for the city and surrounding region and the primary east -west connector between Washington Boulevard/US-89 and Harrison Boulevard. The project was conducted concurrently with the preparation of an environmental assessment of the corridor prepared by others, with a primary intent of establishing a clear urban design vision. The adopted plan builds upon the established urban design and redevelopment principles for the downtown area, envisioning a corridor that accommodates anticipated vehicular traffic while encouraging the formation of a pedestrian -friendly mixed -use district. Once the initial planning work was completed, Landmark Design was retained to prepare a detailed Streetscape Master Plan for the corridor. Beginning where the previous plan ended, detailed assessments of the corridor were conducted, including multiple options for landscaped medians, sidewalk/park strip treatments, bikeway needs, wayfinding systems and branding options, tree and vegetation concepts, street furnishing options, to name a few. After review by the Planning Commission and City Council in a joint workshop, the Streetscape Master Plan was narrowed to two options — Landscape Median with Tree Grate Edge and Boulevard with Art/Sculpture Median and Tree -lined Edge. The two alternatives have since been refined, and are scheduled for final review and selection by the Planning Commission and City Council in late 2013. The preferred alternative Corridor Master Plan was used to guide corridor re -development and construction. The project is currently being bid for construction. 40th Street Land Use & Urban Design Analysis Neighborhood Center Design Concept: Madison Avenue Intersection Example �T fie, `1 - EMIL o ear Exbling ccmmert Psoperbes are. developed to become core of n neighborhood center h u • Builds upon e>(1`s[ing orrer co '.� "= r n ith(residential neighborhood • Takes advantage of redevelopment op•ortunities/ Property consolidations • Can be enhanced with additional property acquisitions • Includes intersection control (roundabout or traffic light), streetscape improvements, consolidated parking, buffers, etc. 14 Uncial -gelded buildings aroundtion nd e In be rohabllhated or re -constructed as part of creating a "lour- tercorner.' prlwod Widen pal Strips between Washington Boulevard and Adams Avenue to create pedestrian core 40th Street Land Use & Urban Design Analysis Preferred Cross Section: Modified 84' right-of-way 1^�LL 100' CtOSS Section with embellishments to streetscape Landscape medians between Adams Avenue and eastern Melts of prole. Reduce all travel lopes by One foot and the median width by 1 fret in order to accommodate cyclish en hell sides of the road (bass 3 bilie lane with special lane painting or almllar) Recommendation 84 ' right-of-way with lane adjustments to accommodate cyclists on both sides of the road (Class 3 bike lane with special lane painting or similar} and park strip at feast S' wide PRELIMINARY s Page 65 of 163 Page 8 7-1 Consent Agenda Proposal for Planning Services for 100 South Streetscape Improvements in Moab Landmark Design SOUTH OGDEN 40TH STREET - CONCEPT 2: BOULEVARD WITH ART SCULPTURE MEDIAN AND TREE LINED EDGE Streetscape Plan r n• South Ogden 40th Street Upgrade December 22, 2016 j d i eae o �❑ p LIDl�❑ IIIli rnn nnn Iltulltnrn qt 1........]a o ... 2 El 1 OD o O I Small ornamental trees and low plantings beneath power lines_ ❑o Typical ground plain planting -<t density of 30-50% with crushed - stoneandcobblebetween- 11' Planted median with columnar trees. Typical street section u' I S.5' 4 5' 4' 1' Columnar trees in planting strip. 1 1 Page 66 of 163 Page 9 7-1 Consent Agenda Proposal for Planning Services for 100 South Streetscape Improvements in Moab Landmark Design City of North Salt Lake Town Center Master Plan The envisioned North Salt Lake Town Center stitches together three adjacent neighborhoods which together form a unified place with a healthy economic profile, a range of integrated commercial and residential uses, and a variety of ways to get around the area that are both multi -modal and most importantly - pedestrian and bicycle friendly. The plan builds upon the existing sense of place and the unique features that both define and surround, resulting in a place that achieves uniqueness in a genuine manner that remains true to the roots of the community. The plan distinguishes the Town Center from nearby centers and destinations through great design, multi -modal streets, bicycle and pedestrian enhancements, the establishment of compatible land uses that allow housing and commercial uses to operate together, and physical improvements that transform the area into a walkable, mixed -use gathering place with unique streets accommodating multiple modes of travel. The plan establishes a clear conceptual basis for guiding future development, in addition to rich design guidelines and implementation tools. ieht�iuern�eee mecer.h� oinM.d�aat�. g.aner.i �>ca t'nrem— ie.err�� ven COWC0,0a111e01.— rt Vase -shaped street trees planted in 6' z fi' metal tree grates, 30' o.c. 0ouble.fiature street lights located in at -grade planting beds, 61)' o.c. Alternate raised planters between streetlight planting beds and street tree grates Street Zone - Z'min. (on street parallel parking Furnishing encouraged where possible) Zone 7' m Pedestdan Passage Zone Page 67 of 163 Page 10 7-1 Consent Agenda Proposal for Planning Services for 100 South Streetscape Improvements in Moab Landmark Design Millcreek Township Sidewalk Master Plan Landmark Design, as a consultant to Parametrix (formally known as InterPlan), completed a plan that addresses walking conditions and pedestrian safety in the Millcreek Township. The Master Plan is an integral component for determining the county's approach to the future construction and improvement of sidewalks throughout Millcreek, East Mill Creek, Canyon Rim, and Mt. Olympus. The neighborhood plan balances the community's existing character with the need for pedestrian safety all in the face of continued growth and change in Millcreek Township. In addition to whether or not a street or an area should receive sidewalks, the plan also considers appropriate pedestrian treatments and safety measures. l 3wale� -_ Pa o°9, Bike ne,- �a �oUltler -s sia� aik Fu 5 h dd curb z and Park--.7 Bike bolter or Shoulder Page 68 of 163 Page 11 7-1 Consent Agenda City of Moab Planning Department 217 East Center Street Moab, Utah 84532-2534 (435) 259-5129 Fax (435) 259-0600 Memorandum To: Moab City Council, Grand County Council. From: Amy Weiser, Community Services Director Date: May 19, 2017 Re: Update on CIB Grant/Loan Mayor: David L. Sakrison Council: Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd The purpose of this memo is to help both Council's understand the terms and conditions of the CIB Loan, the deadline date for closing on the loan, and to come to some understanding on the payment of the debt service. Project The CIB application (attached) provides the details for the project; the purpose of which is to construct the infrastructure necessary to access the future USU Moab campus site. This will include all utilities and Phase 1 of the extension of Mill Creek Drive. The total cost for the project is estimated to be $3,852,229. The CIB application requested a grant in the amount of $1,453,241. Both the City, the County, and SITLA committed matching cash funds towards the project. USU contributed an in kind match of the cost of the property. Amounts are listed below. City - $450,000 County — $525,000 SITLA — $250,000 USU — $1,173,998 in kind contribution of the cost of the land and conceptual design/engineering CIB Award On February 2, 2017 the CIB voted to award the City a $726,241 grant and a $727,000 loan. The City had hoped that the entire amount requested would be awarded as a grant. The award Page 1 of 2 Page 69 of 163 7-2 Consent Agenda letter (attached), dated February 9, 2017, includes the terms for the loan. The loan authorization is valid for 6 months from the date of the award letter, or until August 9, 2017. The assumption is that the City would close on the loan by August 9th. The City must hire an engineer to prepare final design and construction documents, put the project out to bid, and award the contract in order to close the loan. In addition, the cash contributions from the City, the County and SITLA must be deposited into an escrow account no later than 30 days prior to closing. Debt Service — Loan amount of $727,000 The City is requesting that the County assist with paying back the debt service. The City did not anticipate that the CIB would vote to split the amount requested between a loan and a grant. The USU Campus will be an important asset to the community and will benefit both the City and the County. Both the City and the County have already committed significant funds and time towards the CIB application. It is vital to the USU Moab Campus that the Mill Creek extension project move forward and that construction begins late 2018/2019. The terms of the loan are annual installments of approximately $46,125 - $47,425 over 20 years with the first payment due on March 1, 2019. Options discussed for Debt Service Repayment The City proposes an equitable share in the debt service repayment. Since the County contributed $75,000 more up front for the CIB application, the City will pay the first $75,000 in debt service to make up the difference. From that point forward the City proposes a 50/50 split of the annual payment; approximately $23,500 annually for both the City and the County. The City intends to pay its share of the debt service using sales tax revenue, just as we did for the $450,000 share towards the CIB loan/grant. Zacharia Levine and Chris Baird have been researching the idea of forming a County Community Reinvestment Agency (CRA). A project boundary could be created around the USU Moab campus and nearby properties. The County could then pay back its share of the debt service from the tax increment revenue generated by the CRA. This may take some time as the tax increment only becomes available as properties re -develop. Until the CRA funds are available, the County could continue to set aside their share of the debt service from existing sales tax/property tax revenues. Deadline — Time is of the Essence If the City does not close on the loan by August 9t" we may lose the award. Prior to spending time and money on construction documents the City is seeking some assurance from the County that they will share in the repayment of the debt service. Page 2 of 2 Page 70 of 163 7-2 Consent Agenda Kimleya>>Horn May 8, 2017 City of Moab Attn: Ms. Amy Weiser Community Services Director 217 East Center Street Moab, Utah 84532 T: (435) 259-5121 aweiser@moabcity.org RE: Proposal for Professional Services Mill Creek Road Extension —to Utah State University Future Campus Site - Moab, UT Dear Ms. Weiser: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter agreement (the "Agreement") to the City of Moab, ("Moab", or "Client") for providing Entitlement Assistance, Site Consulting, Due Diligence and Civil Engineering for the proposed roadway extension for Mill Creek Road in Moab, Utah. PROJECT UNDERSTANDING The project is located on the southwest boundary of Highway 191, where Mill Creek Road currently creates a T-intersection with 191 on the south end of Moab, Utah. The proposal will build on the previous analysis and transportation/infrastructure planning per Moab City, USU, Utah DOT and SITLA requirements in a report and preliminary design prepared in August of 2016. It is our understanding that a CIB was made in the Fall of 2016 to the State of Utah for assistance in funding the first stage of this infrastructure, to provide access and capital facilities from the Highway 191 intersection to the campus boundary limits. Scope and tasks are based on preliminary site plans provided to the City of Moab, SITLA and USU through a Site Investigation Report (SIR) and pdf drawings for approximately 3,100 lineal feet of new right-of- way for Mill Creek Road within the city. SCOPE OF SERVICES Kimley-Horn will provide the services specifically set forth below. Task 1— Project Meetings and Coordination This task involves the coordination of the project through the Application review process and coordination with the 1. Client kimley-horn.com 215 South State Street, Suite 400, Salt Lake City, UT 84111 385 212 3177 Page 71 of 163 7-2 Consent Agenda Kimley>»Horn a. City of Moab and Project Team (Grand County, UDOT, other consultants working on the intersection design, and other subconsultants) for the infrastructure design. 2. City Staff a. Moab City and other agencies necessary to reflect an updated account of the capital facilities needed for the project. b. This would also include Grand Water and Sewer Service Agency (GWSSA). c. Grand County for storm water review and coordination. 3. Utah State University a. Team lead and potentially the University representatives, including Dean for the Moab Campus, Steve Hawks, to necessitate the appropriate utility demands. b. Coordination of phasing and updates to the campus layout from the 2012 plan and 2016 update analysis. c. Long-term plans and capacity/demands for the 40-acre full -build out. 4. Adjacent Property Coordination a. The main entrance is anticipated to be a signalized entrance off Highway 191, requiring UDOT and Moab City review and input. This access will be crossing the 30-acre parcel owned by Mike Bynum, formerly owned by Diversified Partners. b. Incorporation into the demand/capacity/needs for the adjacent development will be factored into the analysis. c. From initial conversations with the owner, is it believed that this property will be a mixed use development, consisting of retail, C-stores, and multi -family housing. This scope of work anticipates: four (4) site visits to Moab, meeting with the City Staff, meeting time with the Client, and coordination with the regulatory agencies with two (2) Kimley-Horn personnel present. In order to properly expedite the design process and communicate information design solutions and applications, approximately sixty (60) hours of coordination meetings are included in this task. Additional time or presentations will be considered Additional Services. If additional hours are required, we will notify you and our fee will be modified to reflect the additional hours billed at our hourly billing rates. The Client shall be responsible for paying all review, processing and permitting fees associated with the site plan and signage plan approvals process. Task 2 — Due Diligence/Existing Documentation Review Based upon the research and discovery process, which includes evaluation of data presented by The Client and other means and methods, Kimley-Horn will review the items listed below as part of this task for compliance with the final design of the roadway. kimley-horn.com 215 South State Street, Suite 400, Salt Lake City, UT 84111 385 212 3177 Page 72 of 163 7-2 Consent Agenda Kimley»)Horn All work shall be in accordance with the published design criteria and standards for the applicable local jurisdictions (current as of the date of the signed contract). 1. Existing Documentation Review a. 2012 Master -Planning Document prepared by Design Workshop, EDA Architects, Stantec and Hales Engineering. b. 2016 SIR prepared by Kimley-Horn & Associates, Inc., including Mill Creek Road alignment and utility design. 2. Geotechnical Study ("Phase I") a. This existing study was focused on the initial phase of the scope of work, which consists of the main collector road, connecting Highway 191, the SITLA property and the 40-acre campus site. b. This included borings and soil analysis to identify any problematic areas for the roadway and utilities, as well as the first phase of buildings. c. A reliance letter will be necessary, as the report is over 12 months old. 3. Environmental Assessment a. Historic and wildlife evaluations have already been completed. b. The Phase I study will focus on other environmental issues subject to the site and preservation of habitats and natural environments. 4. UDOT Analysis a. Coordination with Hales Engineering and UDOT on the criteria for the signalized intersection at the north end of the site along Highway 191 will be part of this scope. b. This will also include a preliminary and application meetings with UDOT to update the intent of the project since the 2012 and 2016 reports revised the tasks and deliverables necessary for a formal application to be submitted. c. Scope does not include a revised Transportation Impact Study (TIS) at this time. Task 3 — Infrastructure/Capital Facilities and Roadway Construction Plans Based upon the established base information prepared under Task 2, Kimley-Horn will work with the Client, USU, other design teams and the agencies listed above in Task 1 to provide the items listed below as part of this task. All work shall be in accordance with the published design criteria and standards for the applicable local jurisdictions (current as of the date of the signed contract). Kimley-Horn will prepare for the Mill Creek Road Improvements: 1. Street Network Framework and Final Alignment 2. Open Space System and Trail Connection a. Highway 191 Underpass — Trail Network/drainage culvert design consideration and grading analysis. 3. Utility Infrastructure Framework a. Storm Water Main Design for the Roadway kimley-horn.com 215 South State Street, Suite 400, Salt Lake City, UT 84111 385 212 3177 Page 73 of 163 7-2 Consent Agenda Kimley>»Horn b. Water Model and Main Line Design for demand of the future development needs. c. Sanitary Sewer Demand and Main Line Extension and Impact. d. Franchise Utility Coordination for Trunk Line Additions (Power, Telephone, Gas, Cable, etc.) 4. Adjacent Property Owner Coordination 5. Present to City of Moab (two meetings) 6. Present to UDOT (one meeting) 7. Present to Grand County (one meeting) 8. Streetscape Design to one half of the Roadway— based on the CIB scope. This task consists of the initial preparation of the documents identified above and responses or revisions to address up to two rounds of reasonable Agency or Client comments. Task 4 — Opinion of Probable Cost Evaluation Based upon the approved utility and infrastructure framework construction design and positive recommendation from the jurisdictional agencies, Kimley-Horn will prepare an initial cost analysis for the site construction of the first phase or work. These would reflect the anticipated costs for the entities presented in Task 1, which will be summarized and broken out into each responsible party. The anticipated scope of the Opinion of Probable Cost would include: 1. Overall Site Disturbance (preliminary mass volume clearing) 2. Roadway Framework / Infrastructure Improvements 3. Capital Facilities (including Water, Sanitary Sewer, Storm Water) 4. Dry Utilities (Gas, Telephone, Power) 5. Landscaping & Irrigation 6. Consulting Costs 7. Impact Fees, Connecting Fees, Metering Fees This task consists of the initial preparation of the documents identified above and responses or revisions to address up to two rounds of reasonable Agency or Client comments. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: A. ALTA Survey (by others) B. Extensive off -site and infrastructure engineering C. Signal Design D. Planning for another land use than what is identified in the agreement kimley-horn.com 215 South State Street, Suite 400, Salt Lake City, UT 84111 385 212 3177 Page 74 of 163 7-2 Consent Agenda Kimley>»Horn E. Traffic Study if required by City or UDOT F. Record drawings/As-builts G. Construction administration H. Owner revisions (not including City comment revisions) I. Site Electrical Plans (photometrics) J. Retaining Wall Analysis and Design (if necessary) K. Landscape Architecture/Irrigation Design Schedule Kimley-Horn understands there is a timeframe to this project and securing approvals and permits in order to meet milestone dates set by the State of Utah for the CIB funding. Kimley- Horn will work with the City of Moab to meet these milestones to the best of our ability, however the Client acknowledges that certain reviews and coordination are out of the control of the Consultant and could be subject to change and are not guaranteed. Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following: A. Existing documentation - ALTA Survey, master -plan report (2012), update (2013) B. Boundary and Topographic exhibits C. Preliminary TIS (Hales Engineering) Fee and Expenses Kimley-Horn will perform the services in Task 1 for a Time and Materials fee — Task 2 for the total lump sum fee below. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the Client; should the Client request Kimley-Horn to advance any such project fees on the Client's behalf, a separate invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and paid by the Client. Task 1 Meetings and Coordination Task 2 Existing Documentation Review (Geotech, EIS, TIS) UDOT Analysis Task 3 Mill Creek Roadway Construction Documents Task 4 Opinion of Probable Cost Total Lump Sum & Hourly Fee $ 12,000 TM $ 1,800 LS $ 4,200 LS $ 29,000 LS $ 1,500 LS $ 48,500 Lump sum fees will be invoiced monthly based upon the overall percentage of services kimley-horn.com 215 South State Street, Suite 400, Salt Lake City, UT 84111 385 212 3177 Page 75 of 163 7-2 Consent Agenda Kimley»)Horn performed. Payment will be due within 25 days of your receipt of the invoice. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to The City of Moab. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully -executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: Mathew D. Idema, P.E., 'ESC Associate Agreed and Accepted City of Moab Client's Federal Tax ID: Gabe Krell, P.E. KHAMT Associate 30 Client's Business License No.: Client's Street Address: Attachment — Request for Information Attachment —Standard Provisions kimley-horn.com Date 215 South State Street, Suite 400, Salt Lake City, UT 84111 385 212 3177 Page 76 of 163 7-2 Consent Agenda Kimley >>Horn Request for Information Please return this information with your signed contract; failure to provide this information could result in delay in starting your project Client Identification Full, Legal Name of Client Mailing Address for Invoices Contact for Billing Inquiries Contact's Phone and e-mail Client is (check one) Owner Agent for Owner Unrelated to Owner Property Identification Parcel 1 Parcel 2 Parcel 3 Parcel 4 Street Address County in which Property is Located Tax Assessor's Number(s) Property Owner Identification Owner 1 Owner 2 Owner 3 Owner 4 Owner(s) Name Owner(s) Mailing Address Owner's Phone No. Owner of Which Parcel #? Project Funding Identification — List Funding Sources for the Project Attach additional sheets if there are more than 4 parcels or more than 4 owners Page 77 of 163 Rev 07/13 7-2 Consent Agenda Kimley»>Horn KIMLEY-HORN AND ASSOCIATES INC. STANDARD PRO ISIONS (1) Consultant s Scope of Services and Additional Services. The Consultant's undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then -current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.10 times cost. (2) Client s Responsibilities. In addition to other responsibilities described herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development, design, or construction. (c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements, upon all of which the Consultant may rely. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope, timing, or payment of the Consultant's services or any defect or noncompliance in any aspect of the project. (i) Bear all costs incidental to the responsibilities of the Client. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of a properly executed copy of this Agreement and any required retainer amount. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months (cumulatively), Consultant's compensation shall be renegotiated. (4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following provisions: (a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant for the duration of the project and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due to the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid in full and may commence proceedings, including filing liens, to secure its right to payment under this Agreement. (b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment. (c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due within 25 days of receipt. (d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. (e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents, including but not limited to drawings, specifications, reports, and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by the Client to any of the Consultant's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant, Page 78 of 163 Rev 07/13 1 7-2 Consent Agenda Kimley»>Horn and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant's electronic files and source code developed in the development of application code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Because data stored in electronic media format can deteriorate or be modified without the Consultant's authorization, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the data. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. If any change occurs in the ownership of the Client, the Consultant shall have the right to immediately terminate this Agreement. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonably determined by the Consultant, to the total amount of services which were to have been performed. (8) Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance, and general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will take out such additional insurance, if obtainable, at the Client's expense. (9) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (10) LIMITATION O LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the Consultant, the risks have been allocated such that the Client agrees to the fullest extent of the law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. This Section 10 is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section 10 shall require the Client to indemnify the Consultant. (11) Mutual Waiver of Conse uential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. (12) Certifications. The Consultant shall not be required to execute certifications or third -party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility. (13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the Construction Industry Mediation Procedures of the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. (14) Ha ardous Substances and Conditions. In no event shall Consultant be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to Page 79 of 163 Rev 07/13 2 7-2 Consent Agenda Kimley»>Horn professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. (15) Construction Phase Services. (a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. (16) No Third -Party Beneficiaries Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Utah. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however, that any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 80 of 163 Rev 07/13 3 7-2 Consent Agenda Agenda Summary Sheet Council Meeting Date: June 13, 2017 #: 7-2 Title: Approval of a Purchasing Exception of a Task Order with Kimley- Horn Associates for design services for Mill Creek Drive entrance to the proposed USU campus with a fee amount not to exceed $48,500.00. Fiscal Impact: $48,500.00 Staff Presenter(s): Eric Johanson, Acting City Engineer Department: Engineering Consultant: Kimley-Horn Associates Background/Summary: This task order will allow Kimley-Horn Associates to design road, storm drain and other utility improvements to Mill Creek Drive for the entrance to the proposed Utah State University (USU) campus and related housing southwest of the intersection with US-191. This project will be funded by the Community Impact Board (CIB) grant/loan awarded on February 2, 2017. City staff is requesting that the Council authorize an alternative procurement procedure to award Kimley-Horn Associates this contract in lieu of having to obtain at least two other bids. Moab City Code 2.28.110 states: Procurement exceptions. E. Alternative Procurement Processes. The city council may authorize other or alternative procurement procedures on a case -by -case basis upon a showing of good cause. (Ord. 16-13 (part), 2016) It is the conclusion of staff that there is not enough time to both follow the proscribed bidding procedure and have the selected firm complete the needed design tasks prior to the August 9, 2017 deadline to close the CIB loan. Page 81 of 163 7-2 Consent Agenda The City's pursuit of this engineering design was dependent on the discussion of the dual City and Grand County Councils on May 30, 2017 to share debt repayment on the CIB loan portion. Although this was agreed to, the delay only added pressure to fulfill the design requirements to close the loan. Kimley-Horn Associates is also USU's design firm and is already familiar with their plans. Options: Approve, deny, or modify. Staff Recommendation: Staff recommends that Council approve the Mill Creek Drive entrance to the proposed USU campus Task Order with Kimley- Horn Associates by authorizing an Alternative Procurement Procedure. Recommended Motion: I move to approve the Mill Creek Drive entrance to the proposed USU campus Task Order with Kimley-Horn Associates by authorizing an Alternative Procurement Procedure and direct the mayor to sign the agreement. Attachment(s): - Proposed Task Order. - May 19, 2017 Dual Council meeting memo outlining CIB loan closing Page 82 of 163 7-2 Consent Agenda AGENDA SUMMARY MOAB CITY COUNCIL MEETING June 13, 2o17 Agenda item #: 7-3 Title: Development Review Task Order Fiscal Impact: Not to exceed $50,000 Staff Presenter(s): Mark Jolissaint Department: Engineering Applicant: N/A Background/Summary: Hansen, Allen & Luce, Inc. currently provides development review services for the City. Funding allotted from the previous task order has been exhausted. Proposed task order will refresh funding. 1 Options: Approve, deny, or postpone Staff Recommendation: Approve Recommended Motion: I move to approve {insert agenda item number} Attachment(s): Task Order No. 380.06.104 To Master Agreement for Professional Services Page 83 of 163 7-3 Consent Agenda ATTACHMENT A TASK ORDER NO. 380.06.104 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: CITY OF MOAB THIS TASK ORDER NO. 380.06.104 ("this TASK ORDER") to the CITY OF MOAB MASTER AGREEMENT FOR PROFESSIONAL SERVICES (AGREEMENT) is made and entered into as of the day of May , 2017, by and between OWNER and HANSEN, ALLEN & LUCE, INC., a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: 2017 Development Review Support (Additional) 2. PROJECT SITE. The PROJECT SITE is located as follows: City of Moab 3. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER are attached hereto as Exhibit A. 4. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $ 50,000. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the AGREEMENT. 5. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed as negotiated on a project specific basis following written authorization from the OWNER to proceed. 6. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made part of the AGREEMENT. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. OWNER: ENGINEER: By: By: Printed Name: Printed Na e: ge,Y ,i/tAi✓� 0. %'�mer— Its: Its: vU Attest: Rachel E. Stenta, City Recorder V'°nC.;)Poi Page 84 of 163 7-3 Consent Agenda EXHIBIT A 2017 DEVELOPMENT REVIEW SUPPORT (Additional) BACKGROUND AND SCOPE OF WORK BACKGROUND The City of Moab provides engineering and planning reviews of proposed residential and commercial development projects within the City. The purpose of the reviews is to verify compliance with planning, zoning, utility and engineering requirements so that each development successfully functions as intended and so that each development is a benefit to the City. While primary responsibility of the development review work is provided by City Staff, engineering and technical assistance is desired. This engineering assistance may include: 1) consultation on water, waste water, storm drainage or street improvements; 2) updates to existing water, waste water or storm drainage system computer models, when available; or 3) assistance with memos, reports, meeting attendance or presentations. Hansen, Allen & Luce, Inc. (HAL) has extensive experience assisting municipal clients with development review. With the review of over 10,000 residential lots and hundreds of commercial sites, HAL has experience working with local officials, engineers, architects, planners, and developers. This includes technical review, communication and reporting, and coordination with elected officials. HAL understands that the City of Moab is interested in establishing a standard procedure for assisting the City in the review of proposed developments, and will have a Task Order in place so that on -demand assistance is available to respond to development review as needed. Therefore, the following scope of work was prepared to define the engineering assistance. SCOPE OF WORK The scope of work is outlined by Task and Subtask below. Tasks: Land development within the City of Moab has increased significantly within the past few years. This increase has placed an ever greater demand on the limited resources of current City staff. In order to continue providing an appropriate response to developers in a timely manner, the City has requested that HAL assist by assuming a significant role in the development review process. The involvement of HAL with this phase of development review is expected to be at a greater level than has been done in the past. Exhibit A Page 1 Page 85 of 163 7-3 Consent Agenda EXHIBIT A Development Review Assistance 1. Project management and communication. 2. Technical reviews of water, waste water, storm drainage, streets, grading, land surveying or other engineering items as needed. City Staff will provide copies of information submitted by the developers and will indicate areas that staff is addressing. 3. Review the proposed development in the existing computer models, when available, and compare with master plans, master plan models, Impact Fee Facility Plans, design standards, and City Code. 4. Identify compliance and conformity to industry standards. Identify potential City concerns. Identify constructability, functionality and maintenance concerns. 5. Identify potenial solutions to any City issues or concerns if needed. 6. Coordination with City Staff and developers including: phone calls, web meetings, emails, in -person meetings, and presentations to City Staff and City Council. 7. Coordinate with the Utah Department of Transportation when a development is located along a state highway. 8. Prepare correspondence which describes the projects, methodologies, analysis, results, and recommendations. Assumptions upon which the above estimated fee is based are as follows: 1. The cost and schedule for specific reviews and assistance will be negotiated with the City on a project specific basis as the needs for engineering services related to each development review are identified. Exhibit A Page 2 Page 86 of 163 7-3 Consent Agenda STANDARD FEE SCHEDULE 2017 PERSONNEL CHARGES EXHIBIT B Client agrees to reimburse Hansen, Allen & Luce, Inc. (HAL), for personnel expenses directly related to the completion of the project, in accordance with the following: Senior Managing Professional $172.00/hr Managing Professional $147.50/hr Senior Professional II $136.90/hr Senior Professional I $128.30/hr Professional III $116.70/hr Professional II $105.10/hr Professional I $99.20/hr Professional Intern $89.60/hr Engineering Student Intern $46.50/hr Senior Designer $97.60/hr Senior Field Technician $97.60/hr Field Technician $77.80/hr CAD Operator $77.80/hr Secretary $58.90/hr Professional Land Surveyor $110.00/hr 1 Man GPS Surveying Services — Surveying Technician $97.60/hr 1 Man GPS Surveying Services - PLS $130.00/hr 2 Man GPS Surveying Services - PLS $145.00/hr Expert Legal Services $275.00/hr DIRECT CHARGES Client also agrees to reimburse HAL for all other costs directly related to the completion of the project. Direct charges shall include, but not be limited to, the following: Communication, Computer, Reproduction $6.00 per labor hour Out-of-town per diem allowance (lodging not included) $35.00 per day Vehicle $0.65 per mile Outside consulting and services Cost plus 10% Other direct expenses incurred during the project Cost plus 10% Trimble GPS Unit $130.00 per day Data Logger/Transducer $125.00 per week INTEREST CHARGE AFTER 30 DAYS FROM INVOICE DATE 1.5% per month Note: Annual adjustments to personnel and direct expense charges will occur in January of each year. Mileage rate changes are based on fuel prices. Exhibit B Page 1 Page 87 of 163 7-3 Consent Agenda Agenda Summary Sheet Council Meeting Date: June 13, 2017 #: 7-4 Title: Set public hearing date for proposed culinary water rate changes Fiscal Impact: None Staff Presenter(s): N/A Department: Water Enterprise Fund Applicant: N/A Background/Summary: Click here to enter text. The City of Moab charges various fees related to the consumption of culinary water. These fees pay for daily water line repairs, meter repairs and replacements, system upgrades, and system expansion. This work is primarily undertaken by City staff with support from some privately -contracted service providers. Current revenues do not fully fund ongoing maintenance and operations, which means there are no funds available for significant capital improvements. Rates related to the culinary water system were last revised in 2012, and prior to that, rates changed in 2005 and 1998. Moab's culinary water use rates are some of the lowest in Utah. Given the City's a) need to invest in basic infrastructure maintenance, repairs, and upgrades, and b) desire to achieve certain conservation goals, a significant rate structure revision is necessary. The proposed rate changes are in the attached memo. The scope of this agenda item is only to set the public hearing date regarding water rate changes. Options: Approve, deny, or modify. Page 88 of 163 7-4 Consent Agenda Staff Recommendation: Staff recommends that Council set a public hearing date of June 27, 2017 regarding culinary water rate changes. Recommended Motion: I move that the Council set a public hearing date of June 27, 2017 at 7:30 PM regarding changes to the City's culinary water rates. Attachment(s): - Memo regarding proposed culinary water rate changes Page 89 of 163 7-4 Consent Agenda Memorandum April 28, 2017 To: Moab City Council From: David Everitt Re: Proposed Culinary Water Rate Changes for FY2018 Introduction The City of Moab charges various fees related to the consumption of culinary water. These fees pay for daily water line repairs, meter repairs and replacements, system upgrades, and system expansion. This work is primarily undertaken by City staff along with some contracted services. Current revenues do not fully fund ongoing maintenance and operations, which means there are no funds available for significant capital improvements. Rates related to the culinary water system were last revised in 2012, and prior to that, rates changed in 2005 and 1998. Moab's culinary water use rates are some of the lowest in Utah. Given the City's a) need to invest in basic infrastructure maintenance, repairs, and upgrades, and b) desire to achieve certain conservation goals, a significant rate structure revision is necessary. This memo will discuss the various kinds of fees charged related to culinary water and why those fees are assessed currently, and will propose a revised fee schedule for FY 2018. What does Moab charge fees for as it relates to culinary water and why? The City assesses five different kinds of fees related to culinary water: 1. Impact fees are one-time payments made for projects that add to the overall amount of culinary water needed system -wide. Impact fees collected by the City may only be used to pay for the impacts of new growth - i.e., a new water tank that is only needed because there are additional homes or businesses to serve. State law requires a formal study to be conducted to analyze and set impact fee rates generally, and if a city does not use the fees collected within five years, those fees must be refunded. 2. Connection fees are charged when a physical connection is completed between a new development and the water system. While a developer will install the service lines into the developed parcels, City staff usually handle the actual connection process and meter installation at this time because the consequences of improper installation are so significant. Connection fees have been controversial because developers have no control over how much time City staff spend on the construction. Developers are given an initial Page 90 of 163 7-4 Consent Agenda charge that is then adjusted after the construction is finished and actual costs calculated, which periodically means there is a significant unexpected charge. 3. Monthly use fees are based on the actual volume of water used each month at each connection point. Fees are used to pay for ongoing maintenance, repairs, and system upgrades. These rates are set by resolution and can be changed by the Council without supporting studies. Current rates are extremely low, both in comparison to other jurisdictions and in terms of the Water Enterprise Fund's budget.l 4. Industrial use fees (including Public Works yard water hauler fees and fees for the use of temporary hydrants at larger construction sites) are charged to users who transport water from the pump at the "Shop" for various uses (e.g., culinary water at Dead Horse Point, road compaction projects, etc.). They are set by resolution of the Council. These fees are used to maintain the access point for this water, which has implications system -wide. 5. Miscellaneous fees: disconnection, late payment, unrepaired leak, and meter re- read fees are also set by resolution at the discretion of the Council. These fees are assessed to incentivize timely leak repair and bill payments, and to disincentivize disconnections for purposes of avoiding monthly use fees. Changing water connection and use fees for FY 2018 Traditionally, municipalities charge the users of water for the maintenance of water system in a roughly proportional manner, but that is not the only method available. The Council could choose to subsidize the water system with funds from the General Fund (essentially, via sales tax revenue). This is, however, a more volatile and unreliable source of ongoing funding; doing so would also impact the City's ability to pay for current programming (e.g., recreation and land use planning) and other capital needs. Ultimately, if the City wishes to generate the funds needed to properly maintain and upgrade its culinary water system, fee increases are necessary. Additionally, effective conservation measures usually include a financial incentive to use less water. Consequently, the following rates for connections and for monthly use are proposed to move toward accomplishing both of those goals.z 1 Until FY 2018, culinary water and sanitary sewer funds have been commingled into a single enterprise fund. Historically, expenses associated with water have exceeded revenue from water, but sewer's revenue has exceeded expenses. The net result has been that the sewer function has subsidized the culinary water function. 2 The City is completing a comprehensive rate study as part of the Culinary Water Storage and Distribution Master Plan that began this month; the results of that study should provide a five- to ten-year roadmap of rate changes needed to fund anticipated operational and capital expenses identified in the Master Plan, including impact fees. 2 Page 91 of 163 7-4 Consent Agenda For use fees, staff matched revenue to a constrained budget for FY 2018, using a more aggressive graduated scale to incentivize conservation while also increasing revenue. To estimate connection fees, staff added a discounted average "overage" amount3 based on actual costs so far in 2017 to the current rates to come up with the proposed rates. This proposal also includes an increase to the industrial use fees for Shop water and construction hydrants. Revenue Impacts The total fiscal impact of these recommendations is difficult to estimate exactly, and will depend on whether there are significant changes in water consumption. Staff modeled the proposed rates using actual usage for the months of April and August 2016. The net increase for April would be $44,865, or 119%; August's would be $89,550, or 135%. This does not account for an expected reduction in water use. For the purposes of budgeting for FY 2018, staff estimated a conservative overall increase of 67% for connection and use rates (including Shop water). The Council has flexibility to adjust these recommendations, both at the outset and each year moving forward, and revenue estimates will be adjusted mid -year. Below are: 1. A sample of actual April 2017 billings and a printout of the same bills using the recommended fee schedule for comparison; 2. Rates from a sampling of area jurisdictions; 3. Current City rates and handouts for water users; and 4. A link to a spreadsheet tool you may use to create different billing scenarios in order to assess the impact to a user with varying water usage. 3 For 2016, the average overage was 652.00. In 2017 so far, the average is $1,375.00. 3 Page 92 of 163 7-4 Consent Agenda Proposed Water Use Rates Current rate New Rate Use fee: Residential, in City: First 2000 gallons (base charge): $5.93 $10.00 2001-10,000 gallons (per 1000): $0.47 $0.75 10,001 gallons + (per 1000): $0.64 [Proposed tier] 10,001-60,000 (per 1000): $1.00 [Proposed tier:] 60,001+ (per 1000): $1.25 Use fee: Commercial, in City First 2000 gallons (base charge): $10.12 $25.00 2001-5,000 gallons (per 1000): $2.24 $1.00 5,001-10,000 gallons (per 1000): $0.57 $1.50 10,001-50,000 gallons (per 1000): $0.66 $2.00 50,000 gallons + (per 1000): $0.79 $2.50 Use fee: Residential, out of City First 2000 gallons (base charge): $11.86 $14.50 2001-10,000 gallons (per 1000): $0.94 $1.00 10,001 gallons + (per 1000): $1.29 [Proposed tier] 10,001-60,000 (per 1000): $1.50 [Proposed tier:] 60,001+ (per 1000): $1.75 Use fee: Commercial, out of City First 2000 gallons (base charge): $20.24 $29.50 2001-5,000 gallons (per 1000): $4.50 $2.00 5,001-10,000 gallons (per 1000): $1.15 2.25 10,001-50,000 gallons (per 1000): $1.33 $2.50 50,000 gallons + (per 1000): $1.58 $2.75 Connection fee: In City 5/8"x3/4" meter: $825+overages $1840 1" meter: $1190+overages $2305 1 1/z" meter: $1470+overages $2485 2"meter: $1770+overages $2785 4"meter: $3540+overages $4555 Connection fee: Out of City 5/8"x3/4" meter: $910+overages $1925 1" meter: $1030+overages $2045 1 1/z" meter: $1310+overages $2325 2" meter: $1950+overages $2965 4" meter: $3900+overages $4915 Industrial Water Use Fees (per 1000 g) Shop Water Retail Fee $5.50 $7.75 Shop Water Government Fee $2.25 $5.50 Construction Hydrant Fee $5.50 $7.75 4 Page 93 of 163 7-4 Consent Agenda Agenda Summary Sheet Council Meeting Date: June 13, 2017 #: 7-5 Title: Set public hearing date for proposed sewer rate changes based on a "cost -of -service" approach Fiscal Impact: None Staff Presenter(s): N/A Department: Sewer Enterprise Fund Applicant: N/A Background/Summary: Earlier this year, the City updated its sewer rates using a relatively simple revenue needs approach. Recently, Bowen -Collins and Associates developed a more sophisticated approach based on a detailed cost of service analysis. This analysis will calculate detailed rates for FYE 2018 to FYE 2022. Implementing the recommendations will help Moab City keep its sewer system adequately funded to maintain its current infrastructure and continue to provide dependable service to its customers based upon a sewer rate structure that is more equitable than the revenue needs approach previously adopted. Details about the recommendation are contained in the attached memo. The scope of this agenda item is only to set the public hearing date for consideration of rate changes, not to discuss the substance of the proposal. Options: Approve, deny, or modify. Staff Recommendation: Staff recommends that Council set a public hearing date of June 27, 2017 regarding sanitary sewer rate changes. Page 94 of 163 7-5 Consent Agenda Recommended Motion: I move that the Council set a public hearing date of June 27, 2017 at 7:15PM regarding changes to the City's sanitary sewer rates. Attachment(s): - Sewer Rate Cost of Service Analysis Page 95 of 163 7-5 Consent Agenda Prepared by: Bowen Collins & Associates, Inc. "CONSULTING ENGINEERS Prepared for: OA B UTAH age 96 of 163 7-5 Consent Agenda SEWER RATE COST OF SERVICE ANALYSIS May 2017 Prepared for: Prepared by: CITY OF MOk&p, Bowen Collins & Associates, Inc. isio CONSULTING ENGINEERS Page 97 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS TABLE OF CONTENTS Page No. EXECUTIVE SUMMARY ES-1 Introduction ES-1 Cost of Service Sewer Rate Analysis ES-1 Recommendations ES-2 SEWER RATE COST OF SERVICE ANALYSIS 1-1 Introduction 1-1 Background 1-1 10-Year Budget Plan 1-2 Detailed Rate Calculation 1-2 Key Assumptions 1-3 Projecting Wastewater Production 1-3 Historic Indoor Water Use 1-3 Projected Growth 1-4 Projected Sewer Flows 1-5 Infiltration and Inflow 1-5 Strength Characteristics 1-5 Calculating Revenue Requirements 1-6 Impact Fee Revenue 1-6 Non -Rate Revenue 1-7 Moab City Expenditures 1-8 Cost Allocations 1-8 Customer Service Characteristics 1-9 Calculated Cost -of -Service Rates 1-9 Recommended Future Rates 1-11 Recommendations 1-14 LIST OF APPENDICES APPENDIX A — DETAILED RATE TABLES BOWEN COLLINS ASSOCIATES I Page 98 of 163 MOAB CITY 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS TABLE OF CONTENTS (continued) LIST OF TABLES No. Title Page No. ES-1 Calculated/Recommended Rates ES-3 1 Recommended Annual Revenue Increases for the 10-Year Budget Plan 1-1 2 Adopted Rates to Meet Projected Revenue Needs 1-2 3 2015 Account and Sewer Use Summary 1-4 4 Projected system Growth (ERUs) 1-4 5 Projected Growth in Sewer Flows 1-5 6 Projected Impact Fee Revenue 1-7 7 Projected Non -Rate Revenue 1-7 8 Projected Revenue Requirements 1-8 9 Calculated Cost -of -Service Rates 1-10 10 AWWA Equivalent Water Meter Ratios 1-12 11 Calculated/Recommended Monthly Rates 1-13 BOWEN COLLINS ASSOCIATES I I Page 99 of 163 MOAB CITY 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS EXECUTIVE SUMMARY INTRODUCTION Earlier this year, Moab City updated its sewer rates based upon a sewer rate report issued by Bowen, Collins & Associates, Inc. in February 2017. Due to various constraints, primarily related to the anticipated construction timing of the new WWTP, that report was limited in its analysis to a relatively simple revenue needs approach. The purpose of this report is to present recommended updates to Moab City's (City) sewer rates based a more detailed cost of service analysis. This analysis will calculate detailed rates for FYE 2018 to FYE 2022. Implementing the recommendations contained in this report will help Moab City keep its sewer system adequately funded to maintain its current infrastructure and continue to provide dependable service to its customers based upon a sewer rate structure that is more equitable than the revenue needs approach previously adopted. COST -OF -SERVICE SEWER RATE ANALYSIS The primary objective of this sewer rate analysis is to establish fair and equitable rates that will be sufficient to meet revenue requirements for the City. To accomplish this goal, this analysis focused on six major tasks: 1. Projecting Growth: In FYE 2016, the Moab City sewer system was composed of approximately 2,489 individual accounts compromising 5,468 residential equivalent residential units (ERUs). Based on Moab City water reclamation facility planning information, the estimated total population growth rate for the next six years was estimated to be approximately 1.1 % for all customers. 2. Calculating Revenue Requirements: Total revenue requirements for the City were projected for the next several years. Those requirements included operations and maintenance costs, capital improvement costs, facilities rehabilitation/replacement costs, and debt service. Revenue generated outside of sewer rates (impact fees, sewer sales to SVW&SID, septage sales, finance charges, etc.) was deducted from the total to give the net revenue requirement to be recovered from service charges. 3. Comparing Revenue to Required Revenue: Once revenue requirements were projected, it was possible to compare required revenue to revenue projections. 4. Developing a Funding Plan to Meet Projected Needs: In order for the City to meet projected expenditures and maintain its reserve fund at acceptable levels, it is important that revenue be sufficient to accommodate future projects. This study utilized the plan from the February 2017 sewer rate study to maintain the City's reserve fund and establish funding levels appropriate to provide the desired level of service in the wastewater system. 5. Allocating Costs to Customers: This analysis generally followed the design cost - causative procedure recommended by the Water Environment Federation (WEF), American Society of Civil Engineers (ASCE), and American Public Works Association (APWA). The essential principle of this method is that sewer rates should be recovered from customers in proportion to the cost of serving customers. BOWEN COLLINS ASSOCIATES 1-1 MOAB CITY Page 100 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS As part of this analysis, some significant changes in the City's billing structure have been recommended to better reflect the actual cost of serving different types of customers. These changes include: • Multi -unit and Large Meter Based Rates - Instead of charging the same base rate to all accounts regardless of size, it is proposed that base rates be proportional to potential use of capacity in the system. To implement this principle, it is proposed that multi -unit accounts (including overnight accommodations) be based on the size and number of units per account and that larger commercial accounts be charged based on their water meter size. • Strength Based Volume Rates for Restaurants and Fast Food — It is also proposed that restaurants and fast food eateries be charged higher volume charges based on their higher strength wastewater. 6. Calculating Final Sewer Rates: Using the recommended billing structure, sewer rates were calculated to recover the allocated cost -of -service based on operation and maintenance costs, debt service, and capital improvement costs. The recommended sewer rates shown in Table ES-1 reflect a multiple year rate schedule (using the recommended billing structure) needed to meet the cost of capital improvements and system renewal. RECOMMENDATIONS It is recommended that the service charges summarized in Table ES-1 be adopted by Moab City. The proposed rates should be re-evaluated in approximately five years to ensure that the City's revenue requirements and goals for customer equity are being met. BOWEN COLLINS ASSOCIATES 1-2 MOAB CITY Page 101 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS Table ES-1 Calculated/Recommended Rates Monthly Base Rate Existing FYE 2017 FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 Single Family $14.40 $15.85 $19.00 $21.30 $21.55 $21.55 Multifamily 1st Unit (2 Bedrooms or Larger) $19.10 $15.85 $19.00 $21.30 $21.55 $21.55 + Charge per each additional unit - $2.80 $7.35 $9.80 $11.40 $11.40 Multifamily 1st Unit (1 Bedroom or Smaller) $19.10 $14.60 $15.80 $17.00 $16.55 $16.55 + Charge per each additional unit - $1.60 $4.10 $5.50 $6.40 $6.40 Overnight Accommodations: 1st Unit Condo, 2 Bedrooms or Larger $19.10 $16.40 $20.45 $23.25 $23.85 $23.85 + Charge per each additional unit - $3.40 $8.80 $11.75 $13.65 $13.65 Overnight Accommodations: 1st Unit Condo, 1 Bedroom or Smaller $19.10 $15.85 $19.00 $21.30 $21.55 $21.55 + Charge per each additional unit - $2.80 $7.35 $9.80 $11.40 $11.40 Overnight Accommodations: 1st $19.10 $15.25 $17.40 $19.15 $19.10 $19.10 Unit Hotel/Motel (No Kitchen) + Charge per each additional unit - $2.20 $5.75 $7.65 $8.90 $8.90 Restaurant/Fast Food and Other Non -Residential: 1-inch or smaller water meter $19.10 $19.10 $19.10 $21.30 $21.55 $21.55 1.5-inch water meter - $19.10 $21.75 $24.40 $24.80 $24.80 2-inch water meter - $24.25 $29.30 $32.95 $33.75 $33.75 3-inch water meter - $69.60 $84.75 $95.90 $99.65 $99.65 4-inch water meter - $86.40 $105.25 $119.25 $124.10 $124.10 5-inch water meter - $125.60 $153.20 $173.65 $181.05 $181.05 6-inch water meter - $170.45 $207.95 $235.80 $246.10 $246.10 8-inch water meter - $232.25 $283.55 $321.65 $335.95 $335.95 Volume Rate ($/kgal) Existing FYE 2017 FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 Residential $1.70 $1.70 $1.70 $1.82 $1.90 $1.90 Multifamily $1.85 $1.85 $1.85 $1.85 $1.90 $1.90 Overnight Accommodations $1.85 $1.85 $1.85 $1.85 $1.90 $1.90 Restaurant/Fast Food $1.85 $2.22 $2.66 $3.20 $3.41 $3.41 Other Non -Residential $1.85 $1.85 $1.85 $1.85 $1.90 $1.90 BOWEN COLLINS ASSOCIATES 1-3 Page 102 of 163 MOAB CITY 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS SEWER RATE COST OF SERVICE ANALYSIS INTRODUCTION The purpose of this rate study is to present recommended updates to Moab City's (City) sewer rates based a cost of service analysis. This analysis will calculate detailed rates for FYE 2018 to FYE 2022 and present a longer term finance plan to achieve the City's primary objectives of: • Maintain high quality and reliable sewer service at affordable prices for customers; • Sustain stable revenue generation adequate to fund system needs; • Minimize the City's long-term costs by avoiding further debt where possible; and • Equitably charge each customer based on their actual cost of service. Implementing the recommendations contained in this report will help Moab City keep its sewer system adequately funded to maintain its current infrastructure and continue to provide dependable service to its customers based upon a more equitable sewer rate structure. BACKGROUND Earlier this year, Moab City updated its sewer rates based upon two sewer rate reports issued by Bowen, Collins & Associates, Inc. (BC&A). The original report, completed in October of 2016, was updated in February 2017 to account for higher than expected construction costs associated with the proposed wastewater treatment plant (WWTP) to be constructed in the near future. Due to various constraints, primarily related to the anticipated construction timing of the new WWTP, those reports calculated rates based upon a relatively simple revenue needs approach. Those reports recommended that the City revisit their rate structure based on cost -of -service principles as soon as reasonably possible. The rate study completed in February 2017 for Moab City is included in Appendix B. Table 1 shows the recommended annual revenue increases needed to meet the requirements of the City's sewer system as described in that previous rate study. Table 1 Recommended Annual Revenue Increases for the 10-Year Budget Plan Year Rate Revenue Increase FYE 2018 20% FYE 2019 20% FYE 2020 12% FYE 2021 4.5% FYE 2022 0%* FYE 2023 0%* FYE 2024 0%* FYE 2025 0%* FYE 2026 0%* * No significant increase expected, but small annual adjustments may be needed to account for inflation or other issues. BOWEN COLLINS ASSOCIATES 1-1 MOAB CITY Page 103 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS Table 2 shows the previously calculated rate structure recently adopted by the City. As the February 2017 report was limited to a revenue needs analysis, the rates adopted by the City were calculated by simply multiplying the City's existing rate structure by the percent increases identified in Table 1. Table 2 Adopted Rates to Meet Projected Revenue Needs Monthly Base Rate Existing FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 Residential $14.40 $17.28 $20.74 $23.22 $24.27 $24.27 Commercial $19.10 $22.92 $27.50 $30.80 $32.19 $32.19 Volume Rate ExistingFYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 Residential $1.70 $2.04 $2.45 $2.74 $2.87 $2.87 Commercial $1.85 $2.22 $2.66 $2.98 $3.12 $3.12 Average Monthly Residential Bill $21.88 $26.26 $31.51 $35.29 $36.88 $36.88 The following sections of this report examine more closely the actual cost of service for different types of customers and recommended rates to improve rate equity between users of Moab City's sanitary sewer system. 10-YEAR BUDGET PLAN A 10-year budget plan is a critical component of the analysis to determine a cost of service rate structure. The budget plan outline in the February 2017 sewer rate study was used to determine the revenue requirements shown in Table 1. For additional detail on overall budgeting, the reader should reference the February 2017 report. The following cost of service analysis is based on that original budget plan. DETAILED RATE CALCULATION With an overall revenue plan in place, the next step in the rate calculation process is a detailed cost -of -service rate analysis. This analysis focuses on four major tasks: 1. Projecting Sewer Use: Future sewer sales were estimated by examining current use patterns and by projecting sewer system growth for the next several years. 2. Calculating Revenue Requirements: Total revenue requirements of the system were projected for the next several years based on the budget plan outlined in the February 2017 report. Non -rate revenue (including impact fee, septage sales, etc.) was deducted from the total to give the net revenue requirement to be recovered from rate payers. 3. Cost Allocation: This analysis generally follows the design cost -causative procedure recommended by the Water Environment Federation (WEF), American Society of Civil BOWEN COLLINS ASSOCIATES 1-2 MOAB CITY Page 104 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS Engineers (ASCE), and American Public Works Association (APWA)1. The essential principle of this method is that wastewater revenue should be recovered from classes of customers in proportion to the cost of serving those customers. All sewer connections have been grouped into five customer classes resulting in a standard rate for each class. 4. Wastewater Rate Design: Wastewater rates were calculated to recover the allocated cost -of -service based on operation and maintenance costs, capital improvement costs, and debt service costs. The remainder of this report details the results of each of these four major tasks. Detailed rate tables from the model used to develop the rate recommendations are located in Appendix A. KEY ASSUMPTIONS The results presented in this report are based on the following assumptions: 1. The Moab City sewer operating fund will continue to be a self -funding enterprise fund. 2. The study follows the basic recommended methodologies of the joint publication, "Financing and Charges for Wastewater Systems". Only the "cash basis" approach has been used to allocate costs to users. 3. This wastewater rate study is based on projections of future wastewater production and projected system operation, maintenance, and improvement costs. These projections are based on current economic conditions and wastewater use patterns. Because conditions may change over time, it is recommended that the City review the wastewater rates periodically and adjust them as needed to provide a revenue stream that will adequately fund operation and maintenance costs as well as needed rehabilitation and replacement projects. It is also recommended that a comprehensive review and updating of wastewater rates be undertaken in three to five years so that the basic analytical foundations of this study can be re-evaluated. PROJECTING WASTEWATER PRODUCTION Historic Indoor Water Use In FYE 2016, the City provided sewer service to approximately 2,489 accounts composed of approximately 5,468 flow ERUs. The City has historically separated accounts into two classes as described below: • Single Family Residential — This class represents all the single family residential customers connected into the Moab City sewer system. Based on information provided to BC&A, this customer class currently accounts for approximately 32% of all ERUs in the system. Each residential unit is assumed to be 1 ERU by the City. The strength of wastewater flows is not differentiated within this class. • Commercial — This class of customers contains all other customers. The strength of wastewater flows is not differentiated within this class. The City historically tracks commercial subclasses in four categories as follows: multifamily, overnight accommodations, restaurant/fast food, and other non-residential. 'Water Environment Federation, American Society of Civil Engineers, and American Public Works Association. Financing and Charges for Wastewater Systems, 1984. BOWEN COLLINS ASSOCIATES 1-3 MOAB CITY Page 105 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS For the purposes of this study, BC&A would propose using the same five general customer classifications the City has developed. Moab City does not meter sewage flows for individual customers. Lacking direct information on flow rates, BC&A estimated the typical sewer flow rates based on indoor water meter data obtained from Moab City for FYE 2015. The number of accounts in each customer class, along with their estimated sewer flows in FYE 2015, is summarized in Table 3. Table 3 2015 Account and Sewer Use Summary Customer Class Number of Accounts in 2015 Number of ERUs in 2015 2015 Sewer Flows (kgal) Average Monthly Flows/ERU (kgal) Residential 1,753 1,753 91,073 4.3 Multifamily 409 227 12,070 4.4 Overnight Accommodations 60 1,958 81,618 3.5 Restaurant/Fast Food 43 392 18,877 4.0 Other Non- Residential 197 1,078 48,297 3.7 Total 2,462 5,409 251,935 - Projected Growth There is a relatively large amount of area within Moab City that is undeveloped. Therefore, a reasonable amount of growth is expected. The basis of the growth projected to occur was taken from Moab City's recent water reclamation facility planning efforts. The growth rate was applied to the number of existing ERUs and accounts. Overall historic growth has generally been relatively moderate. The projected growth rates and number of ERUs by customer type are summarized in Table 4. Table 4 Projected System Growth (ERUs) Customer Class FYE 2016 FYE 2017 FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 Residential 1,772 1,791 1,811 1,831 1,851 1,872 1,892 Multifamily 230 233 235 238 240 243 246 Overnight Accommodations 1,980 2,002 2,024 2,046 2,069 2,091 2,114 Restaurant/Fast Food 396 400 405 409 414 418 423 Other Non -Residential 1,090 1,102 1,114 1,126 1,139 1,151 1,164 Total 5,468 5,528 5,589 5,650 5,713 5,775 5,839 % System Growth 1.10% 1.10% 1.10% 1.10% 1.10% 1.10% BOWEN COLLINS ASSOCIATES 1-4 Page 106 of 163 MOAB CITY 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS Projected Sewer Flows Future sewer demands were projected by multiplying the average use per ERU in FYE 2015 from Table 3 by the projected number of ERUs in Table 4. Using this methodology, the projected growth in total sewer flows are shown in Table 5. Table 5 Projected Growth in Sewer Flows Customer Class Use per ERU/Year Flow Amount (kgal) FYE 2016 FYE 2017 FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 Residential 52.0 92,075 93,062 94,101 95,140 96,180 97,271 98,310 Multifamily 53.1 12,203 12,362 12,468 12,627 12,733 12,892 13,052 Overnight Accommodations 41.7 82,516 83,433 84,349 85,266 86,225 87,142 88,100 Restaurant/Fast Food 48.2 19,085 19,277 19,518 19,711 19,952 20,145 20,386 Other Non- Residential 44.8 48,828 49,366 49,903 50,441 51,023 51,561 52,143 Total - 254,706 257,500 260,341 263,186 266,113 269,011 271,991 Infiltration and Inflow Infiltration and inflow is the intrusion of groundwater or storm water into the sewer system through cracked pipes, broken and offset joints, improper connections, leaky manholes, etc. In areas with aging sewer lines and high groundwater, infiltration can actually be the largest component of flow being conveyed in the sewer. Infiltration is very difficult to measure because it varies across the service area based on climate conditions, water table levels, pipe diameter, and pipe condition. Because of the difficulty of identifying the source and quantity of infiltration, Moab City does not bill sewer accounts for infiltration directly. Thus, infiltration and inflow are not included in the rate model. Strength Characteristics Strength characteristics of wastewater are generally used to scale the cost of treatment between different users. For example, an industrial connection may produce stronger wastewater than a residential connection, thus meriting a higher sewer rate to cover the increased treatment cost. The only historical data regarding wastewater strength available to BC&A were measurements taken at the wastewater treatment plant. 300 mg/L of biochemical oxygen demand (BOD) and 280 mg/L of total suspended solids (TSS) were recorded for the combined wastewater stream entering the WWTP. Those values were assumed to be the approximate average strength of all connections. Flow strength per connection has not been monitored in detail by the City. However, based on previous residential equivalence studies conducted by BC&A of similar entities, restaurant and fast food customers have higher wastewater strength characteristics. Correspondingly, the projected strength of wastewater from these customers has been updated in the rate model. The strength portion of the rate model may provide further value to the City if it has any individual customers in the future that merit additional consideration of strength. Table BOWEN COLLINS ASSOCIATES 1-5 MOAB CITY Page 107 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS A7 of Appendix A shows the BOD and TSS values that were used in the rate model for each customer class. CALCULATING REVENUE REQUIREMENTS There are two methods for determining a water utility's revenue requirements. One is called the Cash Basis of revenue requirements. The other method is called the Utility Basis of revenue requirements. The revenue requirements for each approach are summarized on the next page. Cash Basis Utility Basis Operation and Maintenance Costs Plus: Debt Service Cash -Financed Capital Outlays Taxes (if applicable) Net Additions to Reserves Total Requirements Less: Non -Rate Revenues Equals:Net Requirements from Rates Operation and Maintenance Cost Plus: Depreciation Return on Investment Taxes (if applicable) Total Requirements Less: Non -Rate Revenues Equals:Net Requirements from Rates The cash basis of revenue requirements is based on the actual cash expenditures of the system. Its goal is to make sure revenues match the cash needs of the system. In public utilities, this method generally matches the budgetary expenditures for the period. It has the additional advantage of being more understandable to most ratepayers and more directly meets any debt service coverage requirements that the system might need to comply with. The utility basis approach simulates the financial requirements of private sector companies. It ensures that revenue requirements reflect the depreciation incurred by the system, as well as a return on the investment in rate base by system owners. In the municipal utility setting, the utility basis is most often used when there is significant utility service to customers outside the jurisdictional boundaries of the system owners. It allows the system owners (i.e., City customers) to earn a return from the investments to serve the customers outside the City. Approximately one third of flows treated by Moab City originate outside the City's jurisdictional boundaries. For these flows, the utility basis could be well suited to calculate revenue requirements. However, because this rate study does not seek to determine retail rates for users outside the City, the utility basis is less applicable. For customers inside Moab City, the cash basis is the preferred method for these circumstances. Due to its previously stated advantages, rates in this study were developed under the cash basis only. Impact Fee Revenue The projected annual revenue from impact fees is based on the projected number of new ERUs. The impact fee revenue also includes the revenue obtained from new development outside of Moab City that is routing flow into Moab for treatment (such as SVW&SID). For this analysis, it has been assumed that the City's impact fee rates will be as discussed in the 2016 Moab Sewer Impact Fee Analysis. If Moab City adopts impact fees other than those recommended, the rates calculated in this report will need to be adjusted accordingly. The projected impact fee revenue is BOWEN COLLINS ASSOCIATES 1-6 MOAB CITY Page 108 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS generally expected to increase gradually over the next six years following system growth and City projections, as shown in Table 6. The exception to the gradual trend are some larger increases between FYE 2018 and FYE 2020 that occur as new capacity at the treatment plant opens up opportunity for additional connections from San Juan County and elsewhere. Table 6 Projected Impact Fee Revenue Item FYE 2017 FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 Projected Collections Impact Fee Revenues $83,891 $85,067 $122,044 $144,637 $147,367 $148,681 Projected Treatment Impact Fee Revenues $104,678 $106,427 $205,960 $258,232 $263,620 $265,651 Projected Total Impact Fee Revenues $188,569 $191,494 $328,003 $402,869 $410,987 $414,332 Non -Rate Revenue The projected non -rate revenue for the City is summarized in Table 7. The projected revenue amounts are based on a 3% inflation rate and the ERU growth rates shown in Table 4. This non - rate revenue is the net income from activities not associated with Moab City sewer sales. It includes sewer rate collection penalty fees and interest, sales to SVW&SID, septage sales, impact fees, and other income. As shown in the table, impact fees, SVW&SID sewer sales, and septage sales account for the vast majority of the total non -rate revenue. There is a large increase shown in FYE 2018 in association with new rates calculated as part of the February 2017 Rate Study. Increases thereafter are relatively modest and correspond with inflation and system growth. Table 7 Projected Non -Rate Revenue Item FYE 2017 FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 SVW&SID Sewer Sales $296,157 $442,821 $464,107 $512,925 $536,720 $561,422 Special Services $1,500 $1,562 $1,626 $1,692 $1,762 $1,834 Septage Sales $76,755 $241,341 $247,302 $252,057 $258,342 $264,836 Sewer Connections $8,000 $8,328 $8,669 $9,025 $9,395 $9,780 T Impact Fees $188,569 $191,494 $328,003 $402,869 $410,987 $414,332 Finance Charges & Other Income $22,400 $23,318 $24,274 $25,270 $26,306 $27,384 Total $593,381 $908,865 $1,073,982 $1,203,837 $1,243,511 $1,279,587 BOWEN COLLINS ASSOCIATES 1-7 Page 109 of 163 MOAB CITY 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS Moab City Expenditures The projected City expenditures for the planning period are summarized in Table 8. Included in the table are the projected total costs for the three major categories of expenditures: operations and maintenance, debt service, and capital expenditures. These categories are discussed in more detail in following sections. Table 8 Projected Revenue Requirements Item FYE 2017 FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 O&M $984,099 $1,134,035 $1,174,293 $1,215,980 $1,259,147 $1,303,847 Debt Service $0 $798,834 $798,834 $877,592 $877,592 $877,592 Capital Outlays $547,513 $114,069 $481,747 $673,591 $758,684 $768,400 Total Expenditures $1,531,612 $2,046,937 $2,454,874 $2,767,163 $2,895,423 $2,949,840 Operation and Maintenance Costs: The projected operation and maintenance costs for Moab City were based on the City's budgeted amount for FYE 2017 and are discussed in more detail in the February 2017 sewer rate study. A detailed list of O&M costs is included as part of the rate model in Appendix A. Debt Service Costs: These are the costs paid toward the loans taken out or expected to be taken out by the City in the near future and are discussed in more detail in the February 2017 sewer rate study. A detailed list of loan payments is included as part of the rate model in Appendix A. Capital Improvement Costs: These are the costs for constructing new facilities within Moab City. This can include completely new facilities or replacement of existing facilities. In years where capital expenditures for rehabilitation and replacement of the existing infrastructure do not occur, or are less than the amount budgeted, the rate revenue will be transferred to the City's savings fund which will be stored to pay for future improvements. If major improvement projects are needed before the fund has been sufficiently built up, the City will likely need to utilize a bond for a portion of that future project's cost. It should be noted that the FYE 2017 Moab City budget identified four recommended potential improvement projects outside of those already discussed previously. As the project costs range from only approximately $8,000 to $100,000, it was assumed that these projects could be funded through the funds annually set aside for rehabilitation and replacement as previously described. The capital improvement projects and the recommended timing of their construction is shown in Table All of Appendix A. The expenditures of this category are discussed in more detail in the February 2017 Sewer Rate Study. COST ALLOCATIONS A key step in a cost -causative wastewater rate analysis is the allocation of costs to customer service characteristics. The allocation approach used in this study reflects the basic approaches recommended by WPCF, ASCE, and APWA. BOWEN COLLINS ASSOCIATES 1-8 MOAB CITY Page 110 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS Customer Service Characteristics This approach recommends the allocation of costs into one of four cost allocation categories: • Volume Costs — Volume costs refer to costs that are determined by the volume of wastewater generated in the system. • Capacity Costs — Capacity costs are typically costs determined by the peak wastewater production of system users. Although peak flows are not billed for directly (in part because there is no presently installed way to monitor them), there is a component of the system that allows each customer the opportunity to intermittently discharge peak flows. As a result, each customer should be paying for their potential to discharge at peak rates into the system, even though this capacity may be rarely used. This category would include such items as the design and construction of major trunk lines since they are sized based on peak flow rates. • Strength Costs — Strength costs are those costs determined by BOD or TSS concentrations of the wastewater. • Customer Related Costs — Customer related costs are those costs that are independent of the quantity or quality of wastewater generated. This category is mostly limited to administrative services such as the cost of generating and sending out bills each month. Detailed cost divisions have been completed in the sewer rate model (see Tables Al2 through Al of Appendix A). In each case, these allocations are based on professional engineering judgment and knowledge of system operations. Table Al2 provides a division by cost allocation category for O&M expenditures. Table Al lists the cost allocations for City assets and the overall allocated percentage amounts to each division. Using those overall allocation percentages, allocations were determined for debt service, capital outlays, and all non -rate revenue in Table Al of Appendix A. Using the percentages assigned to each budget category, the system revenue costs are distributed among the customer service classes to produce a total revenue requirement for each customer service characteristic. Table Al of Appendix A shows that total cost allocation for each customer class and service characteristic. CALCULATED COST -OF -SERVICE RATES Following the recommended cost -of -service methodology, required rates to satisfy the City's projected revenue requirements were calculated as summarized in Table 9. BOWEN COLLINS ASSOCIATES 1-9 MOAB CITY Page 111 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS Table 9 Calculated Cost -of -Service Rates Monthly Account Base Rate FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 All Users $7.16 $8.65 $9.74 $10.19 $10.18 Monthly ERU Base Rate FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 All Users $7.84 $9.58 $10.88 $11.40 $11.38 Volume Rate ($/kgal) FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 Volume Component All Users $0.79 $0.87 $0.90 $0.93 $0.94 Strength Component Restaurant/Fast Food Users $1.66 $2.06 $2.37 $2.48 $2.48 All Other Users $0.64 $0.80 $0.92 $0.97 $0.96 Total Volume Rate Restaurant/Fast Food Users $2.45 $2.93 $3.27 $3.41 $3.41 All Other Users $1.44 $1.67 $1.82 $1.90 $1.90 Like existing City rates, this calculation includes developing a monthly base rate for each user plus a set rate per 1,000 gallons of actual indoor water used each month. However, a number of modifications to the existing City rate structure are recommended. • Monthly Base Rate - Historically, monthly base rates have been the same for each account, regardless of the size of connection. Based on cost -of -service, it is recommended that the monthly base rate be separated into a monthly account base rate and a monthly ERU base rate. The base rate is divided into those two categories to more equitably capture the varying situations of capacity reservation within the sewer system. Each user would be charged a monthly account base rate to cover costs associated with simply being connected into the system (such as administrative costs for monthly billings). In addition, each user would also pay a monthly base rate dependent upon the user's number of ERUs to reserve capacity in the system as previously described in the cost allocation section. A main point of that section is that the capacity reservation is primarily due to the standard practice of sizing sewer trunk lines and other facilities based on the maximum expected peak flows for each user. Customers with higher peak flows require dedicating a larger portion of sewer system capacity to adequately serve them even if they do not frequently utilize the full capacity (and correspondingly cannot be captured through volume rates). Equity between customers is improved by correspondingly charging a higher base rate for the increased capacity dedication. Where this change will likely have the greatest effect in Moab is on overnight accommodations. Historically, Moab has only charged hotels a single base rate that is very similar to what a single residential unit pays. Thus, a residential connection pays $14.40 per month for the ability to connect to the sewer system and a hotel (or any other type of non-residential user) only pays a little bit more at $19.10 per month. This is true BOWEN COLLINS ASSOCIATES 1-10 MOAB CITY Page 112 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS regardless of the size of non-residential connection. While a resident and a hotel do have roughly the same amount of billing and administrative costs, the hotel's need for available capacity can be many more time that of a single home. Thus, paying essentially the same base rate does not effectively reflect the cost of service for each customer. It is sometimes argued that larger customers do pay more for service through increased volume charges. However, as noted about, the revenue that is collected though volume charges only reflects the costs associated with actual volume related expenditures. They do not reflect the costs of available capacity. To be most consistent with cost of service principles, capacity related costs should not be collected through volume charges, but through base charges associated with expected maximum capacity needs. • Wastewater Strength Component — As shown in Table Al of Appendix A, the strength category accounts for approximately 18% of sewer system annual revenue requirements. To improve equity of rates, wastewater strength should be factored into the rates. For the customers in the City's system, there is no existing practical way of measuring wastewater strength for individual customers on a regular basis. Apart from the "restaurant/fast food" and "other non-residential" customer classifications shown in Table 3, the remaining three customer classifications are expected to produce relatively similar BOD and TSS concentrations so the extra effort to capture the differences may not be warranted. The "restaurant/fast food" classification is expected to have a relatively higher BOD and TSS from the standard based on past sampling of similar entities. As the "other non-residential" classification covers a wide range of customer types, it is much more difficult to determine strength characteristics without further sampling. To be more equitable for the other customer classifications (which should have much lower wastewater strength), the rate model utilized higher BOD and TSS concentrations for the `restaurant/fast food' classification and lower concentrations (based off historical sampling of the total combined influent into the WWTP) for the remaining four classifications to calculate the cost -of -service for the strength component of the volume rate. The cost -of -service information contained in this report may be used as a basis to calculate equitable rates if Moab City ever has a request to provide service to an industrial or other high strength user or would like to conduct thorough wastewater strength sampling of additional customer classifications. RECOMMENDED FUTURE RATES The cost -of -service rates summarized above provide a good basis for developing recommended rates for the system. However, to fairly and efficiently administer the rates, it is useful to further define the rate structure by customer class. For monthly base rates, all customer classes will be calculated by adding the monthly account base rate (from Table 9) to the monthly ERU base rate (also from Table 9) multiplied by the flow ERUs associated with the account. For customer classifications where multiple units may exist under a single account, such as a motel, the first unit will be charged the account base rate but each additional unit will be charged a monthly base rate dependent only on the ERU base rate. This will ensure the City only charges these types of customers once per month to cover the monthly account base rate portion of the bill. For the calculation of flow ERUs per account, the following is recommended: BOWEN COLLINS ASSOCIATES 1-11 MOAB CITY Page 113 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS • Single Family — In the case of single family customers, the number of flow ERUs per account is simply one. • Multifamily — For multifamily customers, it is recommended that the flow ERUs associated with each account be based on the per unit values defined in Table 10 of the 2016 Moab Sewer Impact Fee Analysis (IFA). This customer class includes two subcategories: o 2 Bedrooms or Larger = 1.0 ERUs per unit o 1 Bedroom or Smaller = 0.56 ERUs per unit • Overnight Accommodations — For this category of customers, it is also recommended that the flow ERUs associated with each account be based on the per unit values defined in Table 10 of the 2016 Moab Sewer Impact Fee Analysis. This customer class includes three subcategories: o Condo (2 bedroom and larger) = 1.2 ERUs per unit o Condo (1 bedroom and smaller) = 1.0 ERUs per unit o Hotel/Motel = 0.78 ERUs per unit • Restaurant/Fast Foot and Other Non -Residential — For this category of customers, it is recommended that the flow ERUs associated with each account be based on the AWWA equivalent meter ratio (determined by the actual size of the water meter serving the customer). Table 10 shows the equivalent meter ratio per meter size. This equivalent meter ratio rate structure will allow the City to more fairly charge for the capacity reservation as the water meter size is typically directly related to flow capacity. This will result in a generally consistent monthly rate for each commercial customer. As shown in Table 11, entities with 1-inch and smaller meters (approximately equal in size to that of the typical single family residence) will be charged the same monthly rate as a single family residence. Table 10 AWWA Equivalent Water Meter Ratios Customer Class Meter Size (Inches) 1 and smaller 1 1/2 2 3 4 6 8 10 AWWA Equiv. Meter Ratios 1.0 1.3 2.1 7.9 10.0 15.0 20.7 28.6 Based on the methodology described above, the recommended wastewater rates necessary to meet projected revenue requirements for the next five years are summarized in Table 11. BOWEN COLLINS ASSOCIATES 1-12 MOAB CITY Page 114 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS Table 11 Calculated/Recommended Monthly Rates Monthly Base Rate Existing FYE 2017 FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 Single Family $14.40 $15.85 $19.00 $21.30 $21.55 $21.55 Multifamily 1st Unit (2 Bedrooms or Larger) $19.10 $15.85 $19.00 $21.30 $21.55 $21.55 + Charge per each additional unit - $2.80 $7.35 $9.80 $11.40 $11.40 Multifamily 1st Unit (1 Bedroom or Smaller) $19.10 $14.60 $15.80 $17.00 $16.55 $16.55 + Charge per each additional unit - $1.60 $4.10 $5.50 $6.40 $6.40 Overnight Accommodations: 1st Unit Condo, 2 Bedrooms or Larger $19.10 $16.40 $20.45 $23.25 $23.85 $23.85 + Charge per each additional unit - $3.40 $8.80 $11.75 $13.65 $13.65 Overnight Accommodations: 1st Unit Condo, 1 Bedroom or Smaller $19.10 $15.85 $19.00 $21.30 $21.55 $21.55 + Charge per each additional unit - $2.80 $7.35 $9.80 $11.40 $11.40 Overnight Accommodations: 1st Unit Hotel/Motel (No Kitchen) $19.10 $15.25 $17.40 $19.15 $19.10 $19.10 + Charge per each additional unit - $2.20 $5.75 $7.65 $8.90 $8.90 Restaurant/Fast Food and Other Non -Residential: 1-inch or smaller water meter $19.10 $19.10 $19.10 $21.30 $21.55 $21.55 1.5-inch water meter - $19.10 $21.75 $24.40 $24.80 $24.80 2-inch water meter - $24.25 $29.30 $32.95 $33.75 $33.75 3-inch water meter - $69.60 $84.75 $95.90 $99.65 $99.65 4-inch water meter - $86.40 $105.25 $119.25 $124.10 $124.10 5-inch water meter - $125.60 $153.20 $173.65 $181.05 $181.05 6-inch water meter - $170.45 $207.95 $235.80 $246.10 $246.10 8-inch water meter - $232.25 $283.55 $321.65 $335.95 $335.95 Volume Rate ($/kgal) Existing FYE 2017 FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 Residential $1.70 $1.70 $1.70 $1.82 $1.90 $1.90 Multifamily $1.85 $1.85 $1.85 $1.85 $1.90 $1.90 Overnight Accommodations $1.85 $1.85 $1.85 $1.85 $1.90 $1.90 Restaurant/Fast Food $1.85 $2.22 $2.66 $3.20 $3.41 $3.41 Other Non -Residential $1.85 $1.85 $1.85 $1.85 $1.90 $1.90 It should be noted that the recommended sewer rates shown in Table 11 reflect a multiple year transition from current rates to the cost of service rates identified in Table 9. Typically, it is desirable for rate changes to occur gradually over several years to avoid shocking customers with a sudden rate increase. Thus, the changes to the rate payment calculation method (additional unit BOWEN COLLINS ASSOCIATES 1-13 Page 115 of 163 MOAB CITY 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS charges, wastewater strength charges, meter size charges, etc.) have all been phased in gradually to minimize potential impacts to any given customer. Based upon the customer information and assumptions supplied by Moab City, the recommended rates are projected to be overall revenue neutral compared to the calculated rates identified in the February 2017 Rate Study. As shown in the table, cost of service rates under the proposed plan would be fully implemented (along with required increases to meet expected revenue needs) by FYE 2021. No further changes in rates are currently shown in FYE 2022. Typically, after the initial few years of rate growth to bring rates in line with budgetary needs, the rates will subsequently need to be grown just to keep pace with inflation. This is not the case for Moab City rates primarily because loan payments remain steady while the predicted system and customer growth rates produce excess revenue to roughly offset inflation during the period analyzed. This projection should be revisited in the next rate study completed in 3 to 5 years. RECOMMENDATIONS Based on the analysis contained in this report, the following actions are recommended: Adopt Recommended Rates: It is recommended that Moab City adopt the rates summarized in Table 11. These increases are needed to meet immediate operation and maintenance needs and to fund capital expenditures to meet the City's longer -term system investment goals. The recommended rates will improve cost sharing fairness among the various customer classes within Moab City's sanitary sewer system. In addition to a general increase in rates, this includes two major changes from existing rates: • Multi -unit and Large Meter Based Rates - Instead of charging the same base rate to all accounts regardless of size, it is proposed that base rates be proportional to potential use of capacity in the system. To implement this principle, it is proposed that multi -unit accounts (including overnight accommodations) be based on the size and number of units per account and that larger commercial accounts be charged based on their water meter size. • Strength Based Volume Rates for Restaurants and Fast Food — It is also proposed that restaurants and fast food eateries be charged higher volume charges based on their higher strength wastewater. Consider a Multiple Year Rate Schedule: If at all possible, it is recommended that the City adopt the full multiple year rate schedule through FYE 2022. By adopting a multiple year rate schedule, the City can program the desired increases to the rates consistent with the results of this report and provide longer notice to customers. If it is necessary to make revisions in the future, the rate structure can always be modified. Continue Volumetric Billing Practices: It is recommended that the City continue the practice of billing the residential volumetric rates based on the average winter water usage rate during the months of November through February while billing all other classifications based on their actual monthly water usage. Update This Rate Study Periodically: After the implementation of any major change to the rate structure, we would suggest that the City monitor customer responses and system revenue for a period to two to three years. Following this initial observation period, the rates should be re- BOWEN COLLINS ASSOCIATES 1-14 MOAB CITY Page 116 of 163 7-5 Consent Agenda SEWER RATE COST O SER ICE ANALYSIS examined to determine if there should be any subsequent rate adjustments. A comprehensive review of this rate study should also be performed in three to five years. The projections, assumptions, and data contained in this report may need to be revised over time. For these reasons, it is prudent to update the rates to ensure they are sufficient to meet system requirements, as well as maintain cost -of -service equity in charges to customers. BOWEN COLLINS ASSOCIATES 1-15 MOAB CITY Page 117 of 163 7-5 Consent Agenda APPENDIX A DETAILED RATE TABLES Page 118 of 163 7-5 Consent Agenda Table Al Moab City - Sewer Rate Study Historic Indoor Water Use FYE 2014 FYE 2015 FYE 2016 Customer Class Use (kgal) Flow ERUs Accounts Use per ERU(kgal) Use (kgal) Flow ERUs Accounts Use per FRU(kgal) Use (kgal) Flow ERUs Accounts Use/ERU (kgal/year) Use/Acct. (legal/year) Use/Acct. (legal/month) Residential 90,082 1,734 1,734 52.0 91,073 1,753 1,753 52.0 92,075 1,772 1,772 52.0 52.0 4.3 Multifamily 11,939 225 405 53.1 12,070 227 409 53.1 12,203 230 414 53.1 29.5 2.5 Overnight Accommodation: 80,730 1,937 60 41.7 81,618 1,958 60 41.7 82,516 1,980 61 41.7 1,352.7 112.7 Restaurant/Fast Food 18,672 387 42 48.2 18,877 392 43 48.2 19,085 396 43 48.2 443.8 37.0 Other Non -Residential 47,772 1,066 195 44.8 48,297 1,078 197 44.8 48,828 1,090 199 44.8 245.4 20.4 Total 249,194 5,350 2,435 r 46.6 251,935 5,409 2,462 r 46.6 254,706 5,468 2,489 46.6 102.3 8.5 Table Ala Moab City - Sewer Rate Study Projected Flow ERUs Customer Class Year Number of ERUs FYE2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential Growth 1.10% 1.10% 1.10% 1.10% 1.10% 1.10% 1,791 1,811 1,831 1,851 1,872 1,892 Multifamily 233 235 238 240 243 246 Overnight Accommodations 2,002 2,024 2,046 2,069 2,091 2,114 Restaurant/Fast Food 400 405 409 414 418 423 Other Non -Residential 1,102 1,114 1,126 1,139 1,151 1,164 Total 5,528 5,589 5,650 5,713 5,775 5,839 Table A2b Moab City - Sewer Rate Study Projected Accounts Customer Class Year Number of Accounts FYE2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential % Growth 1.10% 1.10% 1.10% 1.10% 1.10% 1.10% 1,791 1,811 1,831 1,851 1,871 1,892 Multifamily 419 424 429 434 439 444 Overnight Accommodations 62 63 64 65 66 67 Restaurant/Fast Food 43 43 43 43 43 43 Other Non -Residential 201 203 205 207 209 211 Total 2,516 2,544 2,572 2,600 2,628 2,657 Table A3 Moab City - Sewer Rate Study Projected Annual Indoor Water Use Customer Class Avg. UseJERU/year Amount (kgal) FYE2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential 52.0 93,062 94,101 95,140 96,180 97,271 98,310 Mu hifamily 53.1 12,362 12,468 12,627 12,733 12,892 13,052 Ovemight Accommodation: 41.7 83,433 84,349 85,266 86,225 87,142 88,100 Restaurant/Fast Food 48.2 19,277 19,518 19,711 19,952 20,145 20,386 Oth er Non -Res idential 44.8 49,366 49,903 50,441 51,023 51,561 52,143 Total 257,500 260,341 263,186 266,113 269,011 271,991 Table A4 Moab City - Sewer Rate Stuck Projected Total Wastewater Flow 2016 Moab Portion of Peak Month Flow at Tr eatmen t Plan t (mgd) = 0.78 Customer Class Amount (mgd) FYE2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential 029 029 029 0.30 0.30 0.30 Multifamily 0.04 0.04 0.04 0.04 0.04 0.04 Ovemight Accommodations 026 026 026 027 027 027 Restaurant/Fast Food 0.06 0.06 0.06 0.06 0.06 0.06 Other Non -Residential 0.15 0.15 0.16 0.16 0.16 0.16 Total 0.79 0.80 0.81 0.82 0.83 0.84 Page 119 of 163 7-5 Consent Agenda Table A5 Moab City - Sewer Rate Study Peaking Factors Customer Class Est. Peak Hour Factor Residential 2.50 Multifamily 2.50 Ovemight Accarfu iodations 2.50 Restaurant/Fast Food 2.50 Other Non -Residential 2.50 Table A6 Moab City - Sewer Rate Study Projected Flow Peaking Characteristics Customer Class Fstimated Peak Hour (mgd) FYE2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential 0.64 0.64 0.65 0.66 0.67 0.67 Multifamily 0.08 0.09 0.09 0.09 0.09 0.09 Overnight Accommodations 0.57 0.58 0.58 0.59 0.60 0.60 Restaurant/Fast Food 0.13 0.13 0.14 0.14 0.14 0.14 Other Non -Residential 0.34 0.34 0.35 0.35 0.35 0.36 Total 1.76 1.78 1.80 1.82 1.84 1.86 Customer Class Peak Hour Excess Over Average Day (mgd) FYE2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential 0.38 0.39 0.39 0.40 0.40 0.40 Multifamily 0.05 0.05 0.05 0.05 0.05 0.05 Overnight Accommodations 0.34 0.35 0.35 0.35 0.36 0.36 Restaurant/Fast Food 0.08 0.08 0.08 0.08 0.08 0.08 Other Non -Residential 0.20 0.21 0.21 0.21 0.21 0.21 Total 1.06 1.07 1.08 1.09 1.11 1.12 Table A8 Moab City - Sewer Rate Study Projected Strength Characteristics Customer Class BOD pbs/year) FYE2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential 261,228 264,145 267,062 269,979 273,042 275,959 Multifamily 34,700 34,998 35,445 35,743 36,190 36,636 Overnight Accommodations 234,198 236,771 239,345 242,035 244,609 247,300 Restaurant/Fast Food 210,497 213,128 215,233 217,864 219,969 222,600 Other Non -Residential 138,571 140,080 141,589 143,224 144,733 146,367 Total 879,194 889,122 898,674 908,845 918,543 928,862 Customer Class TSS Obs/year) FYE2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential 243,813 246,535 249,258 251,980 254,839 257,562 Multifamily 32,387 32,665 33,082 33,360 33,777 34,194 Ovemight Accommodations 218,585 220,987 223,389 225,900 228,302 230,813 Restaurant/Fast Food 58,261 58,989 59,572 60,300 60,883 61,611 Other Non -Residential 129,333 130,741 132,150 133,676 135,084 136,610 Total 682,379 689,917 697,451 705,216 712,885 720,790 Customer Class Weighted Average (Ibs/year) FYE2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential 252,521 255,340 258,160 260,980 263,941 266,761 Multifamily 33,544 33,832 34,264 34,552 34,984 35,415 Overnight Accommodations 226,392 228,879 231,367 233,968 236,456 239,057 Restaurant/Fast Food 134,379 136,059 137,403 139,082 140,426 142,106 Other Non -Residential 133,952 135,411 136,870 138,450 139,909 141,489 Total 780,787 789,520 798,063 807,031 815,714 824,826 Table A7 Moab City - Sewer Rate Study Strength Customer Class BOV (mg/L) TSS' (mg/L) Residential 300 280 Multifamily 300 280 Overnight Accommodations 300 280 Restaurant/Fast Food 1,1671 323 Other Non -Residential 300 280 Approximate Cost Division 50% 50% 'Based on historic sampling data from Moab and the 2012 Mount Olympus Residential Equivalence Study. Table A9 Moab City - Sewer Rate Study Impact Fee Revenue Size of Meter Projected FYE2017 Projected FYE2018 Projected FYE2019 Projected FYE2020 Projected Projected FYE2021 FYE2022 Collections Impact Fee $83,891 $85,067 $122,044 $144,637 $147,367 $148,681 Treatment Impact Fee $104,678 $106,427 $205,960 $258,232 $263,620 $265,651 Total Impact Fee Revenue $188,569 $191,494 $328,003 $402,869 $410,987 $414,332 Table A10 Moab City - Sewer Rate Study Non -Rate Revenue (Including Impact Fees) As sumed Inflation Rate = 3.0% Item Projected FYE2017 Projected FYE2018 Projected FYE2019 Projected FYE2020 Projected FYE2021 Projected FYE2022 Operations Non -Rate Revenue GWSSA Sewer Sales $296,157 $442,821 $464,107 $512,925 $536,720 $561,422 Special Services $1,500 $1,562 $1,626 $1,692 $1,762 $1,834 Septage Sales $76,755 $241,341 $247,302 $252,057 $258,342 $264,836 Sewer Connections $8,000 $8,328 $8,669 $9,025 $9,395 $9,780 Total Operations Non -Rate Revenue $382,412 $694,052 $721,704 $775,699 $806,219 $837,871 Non -Operations Non -Rate Revenue Impact Fees $188,569 $191,494 $328,003 $402,869 $410,987 $414,332 Finance Charges & Other Income $22,400 $23,318 $24,274 $25,270 $26,306 $27,384 Total Non -Operations Non -Rate Revenue $210,969 $214,813 $352,278 $428,138 $437,293 $441,716 Total Non -Rate Revenue $593,381 $908,865 $1,073,982 $1,203,837 $1,243,511 $1,279,587 Page 120 of 163 7-5 Consent Agenda Table All Moab City - Sewer Rate Study Revenue Requirements Cash Basis Item Projected FYE2017 Projected FYE2018 Projected FYE2019 Projected FYE2020 Projected FYE2021 Projected FYE2022 Sewer Treatment Expenses General $190,000 $196,745 $203,729 $210,962 $218,451 $226,206 Salaries & Wages $138,579 $193,4991 $200,368 $207,481 $214,846 $222,473 Employee Benefits $104,702 $123,4191 $127,800 $132,337 $137,035 $141,900 Overtime $8,000 $8,284 $8,578 $8,883 $9,198 $9,524 Subscriptions & Memberships $4,600 $4,763 $4,932 $5,107 $5,289 $5,477 Travel $2,500 $2,589 $2,681 $2,776 $2,874 $2,976 Office Expenses & Supplies $2,000 $2,071 $2,145 $2,221 $2,299 $2,381 Equipment Supplies & Maintenance $50,500 $52,293 $54,149 $56,071 $58,062 $60,123 Building Supplies & Maintenance $5,000 $5,178 $5,361 $5,552 $5,749 $5,953 Utilities &Telephone $57,700 $109,74811 $113,644 $117,679 $121,856 $126,182 Equipment & Property Rental $2,500 $2,589 $2,681 $2,776 $2,874 $2,976 Fuel $12,000 $12,426 $12,867 $13,324 $13,797 $14,287 Shippinz/Freight $5,000 $5,178 $5,361 $5,552 $5,749 $5,953 Sewer Collections Expenses Capital Lease $21,600 $22,367 $23,161 $23,983 $24,834 $25,716 Salaries & Wages $139,798 $144,761 $149,900 $155,221 $160,732 $166,438 Employee Benefits $95,910 $99,315 $102,840 $106,491 $110,272 $114,186 Overtime $6,000 $6,213 $6,434 $6,662 $6,898 $7,143 Subscriptions & Memberships $1,560 $1,615 $1,673 $1,732 $1,794 $1,857 Travel $2,700 $2,796 $2,895 $2,998 $3,104 $3,215 Office Expenses & Supplies $1,500 $1,553 $1,608 $1,665 $1,725 $1,786 Equipment Supplies & Maintenance $30,000 $31,065 $32,168 $33,310 $34,492 $35,717 Budding Supplies & Maintenance $2,000 $2,071 $2,145 $2,221 $2,299 $2,381 Utilities & Telephone $6,100 $6,317 $6,541 $6,773 $7,013 $7,262 Equipement Rental $5,000 $5,178 $5,361 $5,552 $5,749 $5,953 Fuel $8,000 $8,284 $8,578 $8,883 $9,198 $9,524 Professional & Technical Services $33,500 $34,689 $35,921 $37,196 $38,516 $39,884 Education $6,350 $6,575 $6,809 $7,051 $7,301 $7,560 Freight $1,500 $1,553 $1,608 $1,665 $1,725 $1,786 Special Departmental Supplies $39,500 $40,902 $42,354 $43,858 $45,415 $47,027 Total O&M $984,099 $1,134,035 $1,174,293 $1,215,980 $1,259,147 $1,303,847 Debt Service Potential 2017 Treatment Plant Loan $0 $798,834 $798,834 $798,834 $798,834 $798,834 Potential 2019 South Trunk Loan $0 $0 $0 $78,758 $78,758 $78,758 Total Debt Service $0 $798,834 $798,834 $877,592 $877,592 $877,592 Expansion and Replacement FYE2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Collection -Rehabilitation &Replacement $0 $0 $0 $669,941 $300,839 $710,741 Loaned Treatment Plant Capital Costs $3,900,000 $10,300,000 $0 $0 $0 $0 Non -Loaned Treatment Plant Capital Costs $1,320,595 $0 $0 $0 $0 $0 New South Trunk Pipeline $0 $300,000 $1,800,000 $0 $0 $0 Replace 400 East Trunk Pipeline $0 $0 $0 $0 $389,200 $0 Sewer Lift Station Pump $8,000 $0 $0 $0 $0 $0 SCADA Upgrades $40,000 $0 $0 $0 $0 $0 Building Project $100,000 $0 $0 $0 $0 $0 Sewer Master Plan $70,000 $0 $0 $0 $0 $0 Loan Proceeds ($3,900,000) ($10,300,000) ($1,400,000) $0 $0 $0 Transfer to/(from) Reserve Fund ($991,082) ($185,931) $81,747 $3,649 $68,644 $57,660 Total Capital Outlays $547,513 $114,069 $481,747 $673,591 $758,684 $768,400 Total Revenue Requirements $1,531,612 $2,046,937 $2,454,874 $2,767,163 $2,895,423 $2,949,840 LESS: Operations Non -Rate Revenue $382,412 $694,052 $721,704 $775,699 $806,219 $837,871 Non -Operations Non -Rate Revenue $210,969 $214,813 $352,278 $428,138 $437,293 $441,716 Net Revenue Requirements $ 938,231 $ 1,138,073 $ 1,380,892 $ 1,563,326 $ 1,651,912 $ 1,670,252 Table Al2 Moab City - Sewer Rate Study Cost Allocation Percentages to Service Characteristics Item Volume Capacity Strength Customer Total Sewer Treatment Expenses General 30% 40% 15% 15% 100% Salaries & Wages 30% 40% 15% 15% 100% Employee Benefits 30% 40% 15% 15% 100% Overtime 30% 40% 15% 15% 100% Subscriptions & Memberships 10% 0% 10% 80% 100% Travel 10% 0% 10% 80% 100% Office Expenses & Supplies 10% 0% 10% 80% 100% Equipment Supplies & Maintenance 30% 35% 20% 15% 100% Building Supplies & Maintenance 30% 45% 10% 15% 100% Utilities & Telephone 50% 15% 20% 15% 100% Equipment & Property Rental 40% 25% 20% 15% 100% Fuel 30% 25% 30% 15% 100% Shipping/Freight 30% 25% 30% 15% 100% Sewer Collections Expenses Capital Lease 40% 30% 0% 30% 100% Salaries & Wages 30% 50% 0% 20% 100% Employee Benefits 40% 40% 0% 20% 100% Overtime 40% 40% 0% 20% 100% Subscriptions & Memberships 20% 10% 0% 70% 100% Travel 20% 10% 0% 70% 100% Office Expenses & Supplies 0% 0% 0% 100% 100% Equipment Supplies & Maintenance 40% 45% 0% 15% 100% Building Supplies & Maintenance 40% 45% 0% 15% 100% Utilities & Telephone 40% 30% 0% 30% 100% Equip ement Rental 50% 35% 0% 15% 100% Fuel 50% 35% 0% 15% 100% Professional & Technical Services 40% 45% 0% 15% 100% Education 50% 20% 0% 30% 100% Freight 50% 35% 0% 15% 100% Special Departmental Supplies 40% 30% 0% 30% 100% Table A13 Moab City - Sewer Rate Study Fixed Assets Allocations to Service Characteristics Item Percent Allocated Amount Assets Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Collection System (20 year) $9,031,460 5% 75% 0% 20% 100% $451,573 $6,773,595 $0 $1,806,292 $9,031,460 Treatment Plant $12,504,000 10% 35% 35% 20%, 100% $1,250,400 $4,376,400 $4,376,400 $2,500,800 $12,504,000 Total $21,535,460 $1,701,973 $11,149,995 $4,376,400 $4,307,092 $21,535,460 Percent 7.9% 51.8% 20.3% 20.0% 100.0% Page 121 of 163 7-5 Consent Agenda Table A14 Moab City - Sewer Rate Study Allocation of O&M Costs to Service Characteristics Item FYE2017 FYE2018 FVE2019 FYE2020 FYE2021 FYE2022 Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Sewer Treatment Expenses General $57,000 $76,000 $28,500 $28,500 $190,000 $59,024 $78,698 $29,512 $29,512 $196,745 $61,119 $81,492 $30,559 $30,559 $203,729 $63,289 $84,385 $31,644 $31,644 $210,962 $65,535 $87,380 $32,768 $32,768 $218,451 $67,862 $90,482 $33,931 $33,931 $226,206 Salaries & Wages $41,574 $55,432 $20,787 $20,787 $138,579 $58,050 $77,399 $29,025 $29,025 $193,499 $60,110 $80,147 $30,055 $30,055 $200,368 $62,244 $82,992 $31,122 $31,122 $207,481 $64,454 $85,939 $32,227 $32,227 $214,846 $66,742 $88,989 $33,371 $33,371 $222,473 Employee Benefits $31,411 $41,881 $15,705 $15,705 $104,702 $37,026 $49,368 $18,513 $18,513 $123,419 $38,340 $51,120 $19,170 $19,170 $127,800 $39,701 $52,935 $19,851 $19,851 $132,337 $41,111 $54,814 $20,555 $20,555 $137,035 $42,570 $56,760 $21,285 $21,285 $141,900 Overtime $2,400 $3,200 $1,200 $1,200 $8,000 $2,485 $3,314 $1,243 $1,243 $8,284 $2,573 $3,431 $1,287 $1,287 $8,578 $2,665 $3,553 $1,332 $1,332 $8,883 $2,759 $3,679 $1,380 $1,380 $9,198 $2,857 $3,810 $1,429 $1,429 $9,524 Subscriptions & Memberships $460 $0 $460 $3,680 $4,600 $476 $0 $476 $3,811 $4,763 $493 $0 $493 $3,946 $4,932 $511 $0 $511 $4,086 $5,107 $529 $0 $529 $4,231 $5,289 $548 $0 $548 $4,381 $5,477 Travel $250 $0 $250 $2,000 $2,500 $259 $0 $259 $2,071 $2,589 $268 $0 $268 $2,145 $2,681 $278 $0 $278 $2,221 $2,776 $287 $0 $287 $2,299 $2,874 $298 $0 $298 $2,381 $2,976 Office Expenses & Supplies $200 $0 $200 $1,600 $2,000 $207 $0 $207 $1,657 $2,071 $214 $0 $214 $1,716 $2,145 $222 $0 $222 $1,777 $2,221 $230 $0 $230 $1,840 $2,299 $238 $0 $238 $1,905 $2,381 Equipment Supplies & Maintenance $15,150 $17,675 $10,100 $7,575 $50,500 $15,688 $18,302 $10,459 $7,844 $52,293 $16,245 $18,952 $10,830 $8,122 $54,149 $16,821 $19,625 $11,214 $8,411 $56,071 $17,419 $20,322 $11,612 $8,709 $58,062 $18,037 $21,043 $12,025 $9,018 $60,123 Budding Supplies & Maintenance $1,500 $2,250 $500 $750 $5,000 $1,553 $2,330 $518 $777 $5,178 $1,608 $2,413 $536 $804 $5,361 $1,665 $2,498 $555 $833 $5,552 $1,725 $2,587 $575 $862 $5,749 $1,786 $2,679 $595 $893 $5,953 Utilities & Telephone $28,850 $8,655 $11,540 $8,655 $57,700 $54,874 $16,462 $21,950 $16,462 $109,748 $56,822 $17,047 $22,729 $17,047 $113,644 $58,839 $17,652 $23,536 $17,652 $117,679 $60,928 $18,278 $24,371 $18,278 $121,856 $63,091 $18,927 $25,236 $18,927 $126,182 Equipment & Property Rental $1,000 $625 $500 $375 $2,500 $1,036 $647 $518 $388 $2,589 $1,072 $670 $536 $402 $2,681 $1,110 $694 $555 $416 $2,776 $1,150 $719 $575 $431 $2,874 $1,191 $744 $595 $446 $2,976 Fuel $3,600 $3,000 $3,600 $1,800 $12,000 $3,728 $3,107 $3,728 $1,864 $12,426 $3,860 $3,217 $3,860 $1,930 $12,867 $3,997 $3,331 $3,997 $1,999 $13,324 $4,139 $3,449 $4,139 $2,070 $13,797 $4,286 $3,572 $4,286 $2,143 $14,287 Shipping/Freight $1,500 $1,250 $1,500 $750 $5,000 $1,553 $1,294 $1,553 $777 $5,178 $1,608 $1,340 $1,608 $804 $5,361 $1,665 $1,388 $1,665 $833 $5,552 $1,725 $1,437 $1,725 $862 $5,749 $1,786 $1,488 $1,786 $893 $5,953 Sewer Collections Expenses Capital Lease $8,640 $6,480 $0 $6,480 $21,600 $8,947 $6,710 $0 $6,710 $22,367 $9,264 $6,948 $0 $6,948 $23,161 $9,593 $7,195 $0 $7,195 $23,983 $9,934 $7,450 SO $7,450 $24,834 $10,286 $7,715 $0 $7,715 $25,716 Salaries & Wages $41,939 $69,899 $0 $27,960 $139,798 $43,428 $72,380 $0 $28,952 $144,761 $44,970 $74,950 $0 $29,980 $149,900 $46,566 $77,611 $0 $31,044 $155,221 $48,219 $80,366 $0 $32,146 $160,732 $49,931 $83,219 $0 $33,288 $166,438 Employee Benefits $38,364 $38,364 $0 $19,182 $95,910 $39,726 $39,726 $0 $19,863 $99,315 $41,136 $41,136 $0 $20,568 $102,840 $42,597 $42,597 $0 $21,298 $106,491 $44,109 $44,109 $0 $22,054 $110,272 $45,675 $45,675 $0 $22,837 $114,186 Overtime $2,400 $2,400 $0 $1,200 $6,000 $2,485 $2,485 $0 $1,243 $6,213 $2,573 $2,573 $0 $1,287 $6,434 $2,665 $2,665 $0 $1,332 $6,662 $2,759 $2,759 SO $1,380 $6,898 $2,857 $2,857 $0 $1,429 $7,143 Subscriptions & Memberships $312 $156 $0 $1,092 $1,560 $323 $162 $0 $1,131 $1,615 $335 $167 $0 $1,171 $1,673 $346 $173 $0 $1,212 $1,732 $359 $179 $0 $1,256 $1,794 $371 $186 $0 $1,300 $1,857 Travel $540 $270 $0 $1,890 $2,700 $559 $280 $0 $1,957 $2,796 $579 $290 $0 $2,027 $2,895 $600 $300 $0 $2,099 $2,998 $621 $310 $0 $2,173 $3,104 $643 $321 $0 $2,250 $3,215 Office Expenses & Supplies $0 $0 $0 $1,500 $1,500 $0 $0 SO $1,553 $1,553 $0 $0 $0 $1,608 $1,608 $0 $0 $0 $1,665 $1,665 $0 $0 $0 $1,725 $1,725 $0 $0 $0 $1,786 $1,786 Equipment Supplies & Maintenance $12,000 $13,500 $0 $4,500 $30,000 $12,426 $13,979 $0 $4,660 $31,065 $12,867 $14,476 $0 $4,825 $32,168 $13,324 $14,989 $0 $4,996 $33,310 $13,797 $15,522 $0 $5,174 $34,492 $14,287 $16,073 $0 $5,358 $35,717 Building Supplies & Maintenance $800 $900 $0 $300 $2,000 $828 $932 $0 $311 $2,071 $858 $965 $0 $322 $2,145 $888 $999 $0 $333 $2,221 $920 $1,035 $0 $345 $2,299 $952 $1,072 $0 $357 $2,381 Utilities & Telephone $2,440 $1,830 $0 $1,830 $6,100 $2,527 $1,895 $0 $1,895 $6,317 $2,616 $1,962 $0 $1,962 $6,541 $2,709 $2,032 $0 $2,032 $6,773 $2,805 $2,104 $0 $2,104 $7,013 $2,905 $2,179 $0 $2,179 $7,262 Equipement Rental $2,500 $1,750 $0 $750 $5,000 $2,589 $1,812 $0 $777 $5,178 $2,681 $1,876 $0 $804 $5,361 $2,776 $1,943 $0 $833 $5,552 $2,874 $2,012 $0 $862 $5,749 $2,976 $2,083 $0 $893 $5,953 Fuel $4,000 $2,800 $0 $1,200 $8,000 $4,142 $2,899 $0 $1,243 $8,284 $4,289 $3,002 $0 $1,287 $8,578 $4,441 $3,109 $0 $1,332 $8,883 $4,599 $3,219 $0 $1,380 $9,198 $4,762 $3,334 $0 $1,429 $9,524 Professional& Technical Services $13,400 $15,075 $0 $5,025 $33,500 $13,876 $15,610 $0 $5,203 $34,689 $14,368 $16,164 $0 $5,388 $35,921 $14,878 $16,738 $0 $5,579 $37,196 $15,407 $17,332 $0 $5,777 $38,516 $15,953 $17,948 $0 $5,983 $39,884 Education $3,175 $1,270 $0 $1,905 $6,350 $3,288 $1,315 $0 $1,973 $6,575 $3,404 $1,362 $0 $2,043 $6,809 $3,525 $1,410 $0 $2,115 $7,051 $3,650 $1,460 $0 $2,190 $7,301 $3,780 $1,512 $0 $2,268 $7,560 Freight $750 $525 $0 $225 $1,500 $777 $544 $0 $233 $1,553 $804 $563 $0 $241 $1,608 $833 $583 $0 $250 $1,665 $862 $604 $0 $259 $1,725 $893 $625 $0 $268 $1,786 Special Departmental Supplies $15,800 $11,850 $0 $11,850 $39,500 $16,361 $12,271 $0 $12,271 $40,902 $16,942 $12,706 $0 $12,706 $42,354 $17,543 $13,157 $0 $13,157 $43,858 $18,166 $13,624 $0 $13,624 $45,415 $18,811 $14,108 $0 $14,108 $47,027 Total $331,955 $377,036 $94,842 $180,266 $984,099 $388,239 $423,921 $117,959 $203,915 $1,134,035 $402,022 $438,970 $122,147 $211,154 $1,174,293 $416,293 $454,554 $126,483 $218,650 $1,215,980 $431,072 $470,691 $130,973 $226,412 $1,259,147 $446,375 $487,400 $135,622 $234,450 $1,303,847 Percent 33.7% 38.3% 9.6% 18.3% 100.0% 34.2% 37.4% 10.4% 18.0% 100.0% 34.2% 37.4% 10.4% 18.0% 100.0% 34.2% 37.4% 10.4% 18.0% 100.0% 34.2% 37.4% 10.4% 18.0% 100.0% 34.2% 37.4% 10.4% 18.0% 100.0% Table A15 Moab City - Sewer Rate Study Revenue Requirements by Service Characteristics Item F1E2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total 0&M $331,955 $377,036 $94,842 $180,266 $984,099 $388,239 $423,921 $117,959 $203,915 $1,134,035 $402,022 $438,970 $122,147 $211,154 $1,174,293 $416,293 $454,554 $126,483 $218,650 $1,215,980 $431,072 $470,691 $130,973 $226,412 $1,259,147 $446,375 $487,400 $135,622 $234,450 $1,303,847 Debt Service $0 $0 $0 $0 $0 $63,133 $413,597 $162,338 $159,767 $798,834 $63,133 $413,597 $162,338 $159,767 $798,834 $69,357 $454,374 $178,343 $175,518 $877,592 $69,357 $454,374 $178,343 $175,518 $877,592 $69,357 $454,374 $178,343 $175,518 $877,592 Capital Outlays $43,271 $283,475 $111,265 $109,503 $547,513 $9,015 $59,059 $23,181 $22,814 $114,069 $38,073 $249,425 $97,900 $96,349 $481,747 $53,235 $348,752 $136,886 $134,718 $673,591 $59,960 $392,809 $154,178 $151,737 $758,684 $60,728 $397,840 $156,153 $153,680 $768,400 Less: Operations Non -Rate Revenue $128,994 $146,513 $36,855 $70,050 $382,412 $237,610 $259,448 $72,193 $124,800 $694,052 $247,077 $269,785 $75,070 $129,772 $721,704 $265,562 $289,969 $80,686 $139,481 $775,699 $276,011 $301,378 $83,861 $144,969 $806,219 $286,847 $313,210 $87,153 $150,661 $837,871 Less: Expansion Non -Rate Revenue $16,673 $109,229 $42,873 $42,194 $210,969 $16,977 $111,219 $43,654 $42,963 $214,813 $27,841 $182,392 $71,589 $70,456 $352,278 $33,836 $221,669 $87,006 $85,628 $428,138 $34,560 $226,409 $88,866 $87,459 $437,293 $34,909 $228,699 $89,765 $88,343 $441,716 Total $229,558 $404,769 I $126,379 $177,525 $938,231 $205,800 $525,909 $187,630 $218,733 $1,138,073 $228,310 $649,815 $235,725 $267,042 $1,380,892 $239,487 $746,042 $274,020 $303,778 $1,563,326 $249,818 $790,087 $290,768 $321,240 $1,651,912 $254,703 $797,704 $293,201 $324,644 I $1,670,252 Table A16 Moab City - Sewer Rate Study Cost Allocations to Customer Classes FYE2017 FYE2018 FVE2019 FYE2020 FYE2021 FYE2022 Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Volume Capacity Strength Customer Total Residential $82,964 $131,140 $40,873 $126,370 $381,347 $74,387 $170,410.06 $60,682 $155,710 $461,189 $82,533 $210,586 $76,253 $190,107 $559,479 $86,556 $241,716 $88,613 $216,266 $633,152 $90,331 $256,111 $94,084 $228,706 $669,232 $92,061 $258,479 $94,825 $231,173 $676,538 Multifamily $11,021 $17,061 $5,429 $29,564 $63,075 $9,856 $22,112.85 $8,040 $36,455 $76,464 $10,954 $27,373 $10,120 $44,542 $92,989 $11,459 $31,341 $11,732 $50,708 $105,239 $11,973 $33,245 $12,470 $53,662 $111,350 $12,222 $33,608 $12,589 $54,250 $112,669 Ovemight Accommodations $74,379 $146,590 $36,644 $4,375 $261,988 $66,678 $190,452.77 $54,393 $5,417 $316,941 $73,967 $235,313 $68,339 $6,645 $384,265 $77,597 $270,184 $79,442 $7,594 $434,817 $80,925 $286,073 $84,286 $8,068 $459,352 $82,501 $288,808 $84,977 $8,186 $464,472 Restaurant/Fast Food $17,186 $29,289 $21,751 $3,034 $71,259 $15,429 $38,109.37 $32,334 $3,697 $89,570 $17,099 $47,040 $40,585 $4,465 $109,188 $17,956 $54,063 $47,224 $5,024 $124,267 $18,708 $57,187 $50,056 $5,256 $131,207 $19,090 $57,789 $50,514 $5,254 $132,647 OtherNon-Residential$44,009 $80,690 $21,682 $14,182 $160,563 $39,449 $104,824.30 $32,180 $17,454 $193,907 $43,757 $129,503 $40,427 $21,284 $234,972 $45,918 $148,738 $47,009 $24,185 $265,851 $47,882 $157,470 $49,871 $25,548 $280,771 $48,829 $159,022 $50,295 $25,781 $283,927 Total $229,558 $404,769 $126,379 $177,525 $938,231 $205,800 $525,909 $187,630 $218,733 $1,138,073 $228,310 $649,815 $235,725 $267,042 $1,380,892 $239,487 $746,042 $274,020 $303,778 $1,563,326 $249,818 $790,087 $290,768 $321,240 $1,651,912 $254,703 $797,704 $293,201 $324,644 $1,670,252 Page 122 of 163 7-5 Consent Agenda Table A17 Moab City - Sewer Rate Study Existing Rate and Projected Revenue at the Existing Rate Base Rate / Month Existing Accounts ERUs Effective Rate Per ERU Residential $ 14.40 1,772 1,772 $ 14.40 Multifamily $ 19.10 414 230 $ 34.38 Ovemight Accommodations $ 19.10 61 1,980 $ 0.59 Restaurant/Fast Food $ 19.10 43 396 $ 2.07 Other Non -Residential $ 19.10 199 1,090 $ 3.49 Volume Rate / kgal Existing Residential $ 1.70 Multifamily $ 1.85 Ovemight Accommodations $ 1.85 Restaurant/Fast Food $ 1.85 OtherNon-Residential$ 1.85 Table A18 Moab City - Sewer Rate Study Calculated Rates (Cost of Service) Monthly Account Base Rate FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential $ 7.16 $ 8.65 $ 9.74 $ 10.19 $ 10.18 Multifamily $ 7.16 $ 8.65 $ 9.74 $ 10.19 $ 10.18 Overnight Accommodations $ 7.16 $ 8.65 $ 9.74 $ 10.19 $ 10.18 Restaurant/Fast Food $ 7.16 $ 8.65 $ 9.74 $ 10.19 $ 10.18 Other Non -Residential $ 7.16 $ 8.65 $ 9.74 $ 10.19 $ 10.18 Monthly ERU Bas e Rate 1 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential $7.84 $9.58 $10.88 $11.40 $11.38 Multifamily $7.84 $9.58 $10.88 $11.40 $11.38 Overnight Accommodations $7.84 $9.58 $10.88 $11.40 $11.38 Restaurant/Fast Food $7.84 $9.58 $10.88 $11.40 $11.38 Other Non -Residential $7.84 $9.58 $10.88 $11.40 $11.38 Volume Rate FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Volume Component Residential $ 0.79 $ 0.87 $ 0.90 $ 0.93 $ 0.94 Multifamily $ 0.79 $ 0.87 $ 0.90 $ 0.93 $ 0.94 Overnight Accommodations $ 0.79 $ 0.87 $ 0.90 $ 0.93 $ 0.94 Restaurant/Fast Food $ 0.79 $ 0.87 $ 0.90 $ 0.93 $ 0.94 Other Non -Residential $ 0.79 $ 0.87 $ 0.90 $ 0.93 $ 0.94 Strength Component Residential $ 0.64 $ 0.80 $ 0.92 $ 0.97 $ 0.96 Multifamily $ 0.64 $ 0.80 $ 0.92 $ 0.97 $ 0.96 Overnight Accommodations $ 0.64 $ 0.80 $ 0.92 $ 0.97 $ 0.96 Restaurant/Fast Food $ 1.66 $ 2.06 $ 2.37 $ 2.48 $ 2.48 Other Non -Residential $ 0.64 $ 0.80 $ 0.92 $ 0.97 $ 0.96 Total Volume Rate Residential $ 1.44 $ 1.67 $ 1.82 $ 1.90 $ 1.90 Multifamily $ 1.44 $ 1.67 $ 1.82 $ 1.90 $ 1.90 Overnight Accommodations $ 1.44 $ 1.67 $ 1.82 $ 1.90 $ 1.90 Restaurant/Fast Food $ 2.45 $ 2.93 $ 3.27 $ 3.41 $ 3.41 Other Non -Residential $ 1.44 $ 1.67 $ 1.82 $ 1.90 $ 1.90 Meter Size FYE2017 FYE2018 FVE2019 FYE2020 FVE2021 FYE2022 Residential $ 309,485 $ 312,941 $ 316,397 $ 319,853 $ 323,482 $ 326,938 Multifamily $ 96,126 $ 96,952 $ 98,189 $ 99,014 $ 100,252 $ 101,490 Ovemight Accot dations $ 14,137 $ 14,292 $ 14,447 $ 14,610 $ 14,765 $ 14,927 Restaurant/Fast Food $ 9,955 $ 10,080 $ 10,179 $ 10,304 $ 10,403 $ 10,528 Other Non -Residential $ 46,113 $ 46,615 $ 47,117 $ 47,661 $ 48,163 $ 48,707 FYE2017 FYE2018 FYE2019 FYE2020 FYE2021 FYE2022 Residential $ 158,206 $ 159,972 $ 161,739 $ 163,506 $ 165,361 $ 167,127 Multifamily $ 22,870 $ 23,066 $ 23,360 $ 23,557 $ 23,851 $ 24,146 Ovemight Accommodations $ 154,350 $ 156,047 $ 157,743 $ 159,516 $ 161,212 $ 162,985 Restaurant/Fast Food $ 35,663 $ 36,109 $ 36,466 $ 36,911 $ 37,268 $ 37,714 OtherNon-Residential$ 91,327 $ 92,321 $ 93,316 $ 94,393 $ 95,388 $ 96,465 Table A19 Moab City - Sewer Rate Study Recommended Rates Monthly Base Rate Existing FYE2017 Adopted2018 FYE2018 FYE2019 FYE2020 FVE2021 FYE2022 Single Family $14.40 $17.28 $15.85 $19.00 $21.30 $21.55 $21.55 Multifamily 1st Unit (2 Bedrooms or Larger) $19.10 $22.92 $15.85 $19.00 $21.30 $21.55 $21.55 +Charge per each additional unit - - $2.80 $7.35 $9.80 $11.40 $11.40 Multifamily 1st Unit (1 Bedroom or Smaller) $19.10 $22.92 $14.60 $15.80 $17.00 $16.55 $16.55 + Charge per each additional unit - - $1.60 $4.10 $5.50 $6.40 $6.40 Overnight Accommodations: 1st Unit With Kitchen, 2 Bedrooms or Larger $19.10 $22.92 $16.40 $20.45 $23.25 $23.85 $23.85 +Charge per each additional unit - - $3.40 $8.80 $11.75 $13.65 $13.65 Overnight Accommodations: 1st Unit With Kitchen, 1 Bedroom or Smaller $19.10 $22.92 $15.85 $19.00 $21.30 $21.55 $21.55 +Charge per each additional unit - - $2.80 $7.35 $9.80 $11.40 $11.40 Overnight Accommodations: 1st Unit Hotel/Motel (No Kitchen) $19.10 $22.92 $15.25 $17.40 $19.15 $19.10 $19.10 + Charge per each additional unit - - $2.20 $5.75 $7.65 $8.90 $8.90 Restaurant/Fast Food and Other Non- Residential: 1-inch or smaller water meter $19.10 S22.92 $19.10 $19.10 $21.30 $21.55 $21.55 1.5-inch water meter $19.10 $21.75 $24.40 $24.80 $24.80 2-inch water meter $24.25 $29.30 $32.95 $33.75 $33.75 3-inch water meter - $69.60 $84.75 $95.90 $99.65 $99.65 4-inch water meter - $86.40 $105.25 $119.25 $124.10 $124.10 5-inch water meter - $125.60 $153.20 $173.65 $181.05 $181.05 6-inch water meter - $170.45 $207.95 $235.80 $246.10 $246.10 8-inch water meter $232.25 $283.55 $321.65 $335.95 $335.95 Volume Rate ($/kgal) Existing FYE2017 Adopted2018 FYE2018 FYE2019 FYE2020 FVE2021 FYE2022 Residential $1.70 $2.04 $1.70 $1.70 $1.82 $1.90 $1.90 Multifamily $1.85 $2.22 $1.85 $1.85 $1.85 $1.90 $1.90 Overnight Accommodations $1.85 $2.22 $1.85 $1.85 $1.85 $1.90 $1.90 Restaurant/Fast Food $1.85 $2.22 $2.22 $2.66 $3.20 $3.41 $3.41 Other Non -Residential $1.85 $2.22 $1.85 $1.85 $1.85 $1.90 $1.90 Page 123 of 163 7-5 Consent Agenda Draper, Utah Office: 154 East 14000 South Draper, Utah 84020 Phone: (801) 495-2224 Fax: (801) 495-2225 Eagle, Idaho Office: 776 East Riverside Drive Suite 250 Eagle, Idaho 83616 Phone: (208) 939-9561 Fax: (208) 939-9571 WWW.BOWENCOLLINS.COM Bowen Collins & Associates, Inc. CONSULTING ENGINEERS St. George, Utah Office: 20 North Main Suite 107 St. George, Utah 84770 Phone: (435) 656-3299 Fax: (435) 656-2190 7-5 Consent Agenda CITY OF MOAB RESOLUTION NO. 39-2017 — A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ON BEHALF OF THE CITY AN EMPLOYMENT CONTRACT WITH THE POLICE CHIEF The following describes the intent and purpose of this resolution: a. As provided by MMC § 2.10.040(C) the Mayor appointed, and the City Council confirmed, James Winder to be the next Moab City Police Chief, effective July 1, 2017. Therefore, the City Council directs the City Manager as follows: 1. The Council authorizes the City Manager, as the City's Personnel Officer, to engage in reasonable negotiations to come to an agreement with Mr. Winder regarding his compensation and the terms of employment. 2. The Council authorizes the City Manager to execute a contract with Winder providing for a base salary of not to exceed $150,000.00 per year. 3. The contract shall contain language that Winder is appointed as an exempt at - will employee for an indefinite duration. The contract shall additionally provide that Winder is not subject to the discharge procedures otherwise applicable to City employees pursuant to U.C.A. § 10-3-1105 and 1106. The foregoing resolution is approved and adopted by the affirmative vote of a majority of the Moab City Council on June 6, 2017. This resolution shall take effect immediately. Mayor David Sakrison Date Attest: Rachel Stenta, Recorder Date Page 125 of 163 9-2 New Business Memorandum June 6, 2017 To: David Everitt, Moab City Council From: Pat Dean Re: Water Line Easement Purchase Agreement (300 South 400 East) Introduction During the construction of the Bierschied Building, located at 300 South and 400 East, Moab, UT 84532. The developer of the property was required to upgrade an existing water main crossing the south west corner of above mentioned property. The Developer provided an easement for the water main required by the city to be upgraded at the owner's expense, thus the line was upgraded, but there was never any compensation for the easement. There should have been monetary compensation for the easement that was given to the city by the developer. What this opportunity does for the City's Public Works Water Department. 1. This will enable the City Water Department to have a clear path for the existing water main which currently upgraded is in place within the described public utility easement. 2. The City Water Department benefits by having an upgraded portion of water line through the developed property, including new valves and assemblies. Located in an easement that is large enough to provide the necessary area to provide maintenance and future upgrade. 3. The new Water Main and easement, will continue to serve the citizens of Moab both now and in the future as land and property develop. Solution: The purchase of the easement from the property owner at the value of $ 7,500.00, for the continued use of owner's property for the placement and conveyance of water through a city owned and maintained water main. This main serves many residences in Moab and is a big part of our water conveyance system. Therefore: It is the recommendation of the staff that we pay the Developer for the utility easement shown on map furnished with this submittal. Page 126 of 163 9-3 New Business DEED OF EASEMENT AND AGREEMENT This Deed of Easement and Agreement (the Easement) is entered into as of the date set forth below by and between: David Bierschied 301 South 400 East Moab, Utah 84532 (Grantor), and the City of Moab 217 East Center Street Moab, Utah 84532 (Distributor). In in consideration of the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00) and other good and valuable consideration, the receipt of which is acknowledged, the Grantor hereby grants and conveys to the Distributor, its successors and assigns, a utility easement as set forth below. 1. Purpose. The Easement shall allow the Distributor the sole, exclusive, and permanent right to enter, re-enter, occupy and use the described property to construct, maintain, repair, replace, remove, enlarge and operate one or more water pipelines and all underground and surface appurtenances thereto, including electric or other related control systems, underground cables, wires and connections and surface appurtenances. By way of example and not by way of limitation, the parties intend to include within the terms "pipelines" and "appurtenances" the following: mains and conduits, valves, vaults, manholes, control systems, ventilators, and the like, in, through, over and across the following described parcel of land in the County of Grand and State of Utah: A 30-foot wide water line easement being 10 feet Northeast and 20 feet Southwest of an existing water line being more particularly described as: -Remainder of Page Intentionally Left Blank - Page 127 of 163 9-3 New Business Beginning at a point South 00 24'05" West 1241.2 feet along the section line and South 00 08'07" West 28.00 feet from the West Quarter corner of Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence South 18 20'31" East 109.84 feet, thence North 86 45'53" west 32.26 feet, thence North 18 20'31" West 8.20 feet, thence North 00 08'07" East 94.66 feet to the point of beginning. 2. Access. It is mutually agreed that the Distributor shall have and exercise the right of ingress and egress in, to, over, through and across the Easement for any purpose needful for the full enjoyment of any other right of occupancy or use provided for herein. The Distributor shall have the right to construct and maintain an all-weather roadway of varying width, as needed in the opinion of the Distributor, along the length of the Easement. Both parties agree that the purpose of this roadway is to allow the Distributor vehicular access. The Easement area shall kept free of obstacles throughout its length. Due to variations in topography, the Easement and the pipe may take on an uphill or downhill direction having a slope of greater than 4%; however, sloping within the Easement across its width may not exceed 4% to insure stability of maintenance equipment and vehicles. A slope across the width of the Easement greater than 4% may be allowed upon prior written agreement of the Distributor. 3. No Encroaching Improvements by Grantor; Removal. The Grantor shall not construct or place any structure or building, fence, retaining wall, street light, power pole, yard light, mail box, sign, trash receptacle, temporary or permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of the above described Easement. Any encroaching improvement of any kind situated on the Easement as of the date of this Agreement, or at any later time, may be removed by the Distributor without compensation to any other person. 4. Environmental Matters. The Grantor, for itself, its successors and assigns, shall provide to the Distributor any information within its possession about past and currently existing Environmental Contamination in the Easement. Such information shall include but not be limited to environmental studies, reports, samples, agreements, liens, letters and any remediation work that has been done or is ongoing to clean the area or is planned to occur. If contaminated soils exist in the Easement upon the effective date of this conveyance for which the Grantor or its successors or assigns are responsible under applicable state or federal laws, the Grantor, at Grantor's sole expense, shall take Corrective Action to remediate all such contamination to the full width of the Easement area in accordance with all compliance orders, approved clean-up plans, or other directives of State of Utah or federal environmental agencies. 5. Environmental Indemnity. The Grantor, for itself, its successors, and assigns, shall indemnify the Distributor against any liability, damages, costs, expenses, causes of action, claims, losses, settlements, fines and penalties, and reasonable attorneys' fees claimed against the Distributor relating to the existence, mitigation, or remediation of Environmental Contamination in the Easement. As used in this Easement, "Environmental Contamination" means the presence within the Easement area of any hazardous material, including but not limited to, solid wastes, any substances defined as or included in the definition of hazardous substance, hazardous material, or toxic substances under applicable State of Utah or federal environmental laws or regulations. Page 128 of 163 9-3 New Business 6. Construction Standards. The water pipeline and all appurtenances shall be installed in a workmanlike manner in accordance with then current Distributor engineering standards. All such improvements shall be maintained by the Distributor. 7. Existing Fencing. Fencing existing at the time of execution of this Easement which is disturbed or destroyed by the Distributor or its agents in constructing its facilities shall be replaced by the Distributor to its original condition as nearly as practicable; however, the Grantor shall not construct new fencing across or within the Easement. 8. Obligation of Support. The Distributor shall have and exercise the right of subjacent and lateral support to whatever extent is necessary or desirable for the full, complete and unmolested enjoyment of the rights hereinabove described. It is specifically agreed between the parties that the Grantor shall take no action which would impair the earth cover over, or the lateral or subjacent support for any water pipeline or lines and appurtenances within the easement. Grantor shall assure that no less than four and one-half feet and no more than ten feet of earth cover, measured vertically from the top of any pipeline or lines remains in place. Deviation from this requirement will be permitted only upon specific prior, written permission from the Distributor. If any earth moving activities undertaken by the Grantor require alterations to any pipeline facility, such alteration shall require advance written approval of the Distributor and all such work shall be performed at the Grantor's expense. 9. Restoration of Surface. After construction of any water pipeline or lines, the general surface of the ground, except as necessarily modified to accommodate appurtenances, shall be restored, as nearly as is reasonable, to the grade and condition existing immediately prior to construction. Topsoil shall be replaced in cultivated areas, and any excess earth resulting from installations by the Distributor shall be removed from the Easement at the sole expense of the Distributor. The Distributor agrees that for a period of one year following construction which involves disturbance of the surface of the ground, the Distributor will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by the Distributor. 10. Grantor Use Retained, Subject to Rights of Distributor. The Grantor retains the right to the undisturbed use and occupancy of the Easement, except that any such occupancy and use must be consistent with and not impair the rights provided to Distributor under this Easement. 11. Abandonment. This Easement shall only be deemed abandoned upon lawful execution and recording of a written grant by Distributor conveying and abandoning this Easement. 12. Warranty of Title and Authority. The Grantor warrants that he has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Distributor in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Easement. Page 129 of 163 9-3 New Business 13. Binding in Perpetuity. This Easement shall bind the subject property in perpetuity, and every one of the benefits and burdens of this Easement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties. 14. Sole Agreement; Modifications. This Easement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Easement shall be binding unless it shall be duly executed by both parties. 15. Governing Law and Venue. This Easement is governed by Utah law; the sole venue for any dispute arising from this Easement shall be the courts of Grand County, Utah. 16. Remedies. In the event of any breach of the provisions of this Easement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Easement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. below. This Easement is binding and effective as of the date(s) of execution by the parties, -Remainder of Page Intentionally Left Blank - Page 130 of 163 9-3 New Business Bierschied/City of Moab Utility Easement Signature Page Grantor: David Bierschied STATE OF UTAH ) ) ss. COUNTY OF GRAND ) The foregoing Easement was acknowledged and executed before me by David Bierschied this day of , 2017. Witness my hand and official seal. Distributor: By: David L. Sakrison, Mayor of the City of Moab Attest: Notary Public, State of Utah Address: Rachel Stenta, Recorder Date -4- Page 131 of 163 9-3 New Business A 317.15 ra._u,r rr --1 %Aril r r r va. Nn-TO 5inu 400 EAST STREET f' is a wesran;.pr n ratig14 5fCnIn 4 M.S. RYA 1:: 513&I.t L K 7 ry yyy- F'F I'. T n{ I nFr,lrirmi�� _}r : r. 10I' 23 s ii7^4610' c 160.40' u'Iris 1GTAt. zo,Erf side 0 49 krt4{ 14 86'45'5J" W 156.18' R U)IS Nlcholr I 1.f.I ATFI) IN 11-11. I U111P1$I III' 2.1; MI T I.v:r MOAB, Gil !Of 2G. rg�ya 32 of 163 sECILIv 12:A Y],F 9-3 New Business C7 oz �z a a_m 3Z 101 0 h op ACIIIZ AA .L0,80.00 5 J 4767E 4 I II matiogV S J J ,99176 3 ,.L0•80.00 N X1VM301S 0 CO c0 Z aaLLf19 ONd alma Page 133 of 163 9-3 New Business Surveyor's Certificate I, Lucas Blake, do hereby certify that i am a Registered Utah Land Surveyor, and that I hold certificat 7540504 as prescribed under the laws of the State of Utah, and !further certify that under authoril the owners, I have made a survey of the tract of land shown on this plat and described below, and subdivided said tract of land into lots and streets, hereafter to be known as BIERSCHIED SUBDIVISIO that same has been correctly surveyed and staked on the ground as shown on this plat. Boundary Description All of Lots 25 , Bowen Plat, Nichols -Bowen Subdivision, and all of lot 25-A, Amended porttion, Bowen plat, Nichols -Bowen Subdivision according to the official plat thereof, being more particularly described as follows: Beginning at a point South 00°24'05" West 1241.2 feet along the section line from the West Quarter corner of Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence South 87°46'00" East 160.92 feet to the northeast corner of said Lot 25; thence South 2°14'00" West 132.94 feet to the southeast corner of said Lot 25; thence North 86°45'53" West 156.18 feet to the southwest corner of said Lot 25A, said point being on the east right of way line of 400 East Street; thence North 0°08'07" East 130.30 feet feet along said east right of line to the point of beginning. Water line Easement Description A 30-foot wide water line easement being 10 feet Northeast and 20 feet Southwest of an existing water line being more particularly described as; Beginning at a point South 00 24 05 West 1241.2 feet along the section line and South 00'08'07" West 28.00 feet from the West Quarter corner of Section 6, Township 26 Soutt Range 22 East, Salt Lake Base and Meridian, and running thence South 18°20'31" East 109.84 feet, thence North 86°45'53" West 32.26 feet, thence North 18°20'31" West 8.2q feet, thence North 001'08'07" East 94.66 feet to the point of beginning. Lucas Blake License No. 7540504 ,,�,,U�iur�4r`q1• r ,,—_ 116 V No.7540504 Yam: LUCAS BLAKE r 7..,,-, ��. 1 f E-ram ►NY0*' Page P • • 9-3 New Business Agenda Summary Moab City Council June 13, 2017 PL-17-76 Agenda item #: 9-4 Title: Consideration to Adopt Planning Resolution 23-2017, Recommending to Council Approval of Ordinance #2017-19 to Repeal MMC Section 17.09.060, Accessory building —Area, and Amend MMC 17.09.070, Accessory building --Prohibited as living quarters, as Referred to Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, Planning Director Department: Planning and Zoning Applicant: Staff Fiscal Impact: None Background/Summary: The Planning Commission reviewed Ordinance #2017-19 in a duly advertised public hearing on May 11, 2017. The Commission, subsequent to the hearing, voted 4-0 to favorably refer the amendment to Council for approval. Code Section 17.09.060, Accessory Building -Area, will be superseded by the proposed total lot area coverage provisions that will be before the Planning Commission in the near future. Also, review of the code has revealed a discrepancy between current code text in Section 17.09.070 that, as currently written, prohibits living and sleeping quarters in any building other than the main residential building. This means that accessory secondary dwellings are not allowed. Staff agrees with the Planning Commission and recommends the repeal of Section 17.09.060 that now reads, "Accessory buildings in any residential zone shall cover not more than twenty-five percent of the rear yard." The section will be placed in reserve and, as mentioned above, the total lot coverage provisions will be implemented. The Planning Commission is also recommending that the text in 17.09.070 that currently reads, "Living and sleeping quarters in any building other than the main residential building is prohibited", be amended to read: "Living and sleeping quarters in any building other than the main residential building, or a secondary dwelling unit, is prohibited." Options: The Council can: 1. Adopt Ordinance #2017-19 as written; 2. Approve Ordinance #2017-19 with changes; 1 Page 135 of 163 9-4 New Business 2 3. Vote to not approve Ordinance #2017-19 and state the reasons; 4. Postpone action until a later date and request additional specific information; or Staff Recommendation: Staff agrees with the recommendation of the Planning Commission for Council to adopt Ordinance #2017-19. Recommended Motion: I move to adopt Ordinance #2017-19 to amend Sections 17.09.060 and 17.09.070. Attachment(s): Copy of Ordinance #2017-19 Page 136 of 163 9-4 New Business ORDINANCE #2017-19 AN ORDINANCE TO AMEND MOAB MUNICIPAL CODE CHAPTER 17.09.060, ACCESSORY BUILDING — AREA, AND 17.09.070, ACCESSORY BUILDING — PROHIBITED AS LIVING QUARTERS WHEREAS, the Moab City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Title 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City as well as to promote a more attractive and wholesome community environment; and, WHEREAS, the City determined that Section 17.09.060 is already covered in Section 17.09.560.A.6.a. Accessory use or structure; and, WHEREAS, the City found a discrepancy in Section 17.09.070, in that it does not explicitly allow living and sleeping in a Secondary Dwelling Unit (SDU); and, WHEREAS, from time to time Council has found it necessary to amend Title 17 to promote clarity and efficiency in the Code; and, WHEREAS, the Moab City Planning Commission ("Commission") held a duly advertised public hearing on May 11, 2017, to hear and decide the merits of said amendments; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff, determined that these amendments would provide more clarity in the code; and, WHEREAS, Council reviewed Ordinance #2017- in a regularly scheduled meeting held on , 2017, to hear and decide the merits of the proposed changes to Sections 17.09.060 and .070; and, WHEREAS, Council found the changes to be in the best interests of the City of Moab. NOW, THEREFORE, the Moab City Council hereby amends Sections 17.09.060 and .070, as currently read to be revised by the changes below: Current Code, that now reads: 17.09.060 Accessory building —Area. Accessory buildings in any residential zone shall cover not more than twenty-five percent of the rear yard. (Prior code § 27-3-6) Shall be removed from the Code in its entirety, and the section placed in reserve. AND, Current Code, that now reads: 17.09.070 Accessory building --Prohibited as living quarters. Living and sleeping quarters in any building other than the main residential building is prohibited. (Prior code § 27-3-7) Page 137 of 163 9-4 New Business Shall be amended to read: 17.09.070 Accessory building --Prohibited as living quarters. Living and sleeping quarters in any building other than the main residential building, or a secondary dwelling unit, is prohibited. (Prior code § 27-3-7) In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the _ day of , 2017. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Page 138 of 163 9-4 New Business Agenda Summary Moab City Council Meeting June 13, 2017 PL-17-81 Agendaltem #: 9-5 Title: Consideration to Adopt Ordinance #2017-20 to Repeal MMC Section 17.09.680, Conditional use- -Carports located within the site [side] setback area of primary dwellings, as Referred to Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, Planning Director Department: Planning and Zoning Applicant: Staff Fiscal Impact: None Background/Summary: The Planning Commission held a public hearing on May 11, 2017, to review this ordinance. Subsequent to the hearing, the Commission voted 4-0 to refer the ordinance to Council with a recommendation to approve. Code Section 17.09.680, Accessory Building -Area, Conditional use --Carports located within the site [side] setback area of primary dwellings, is not legal under the Moab Municipal Code or the International Building Code. In addition, subjective requirements in the guise of "additional conditions" that may be imposed by the Planning Commission. Staff is recommending repeal of Section 17.09.680 that now reads, "Carports may be permitted as a conditional use to locate in one side setback area of a primary dwelling but may not extend into the primary dwelling's required front setback area. If there is an extension of the primary dwelling or other construction within any side setback area of the primary dwelling, locating a carport in that same setback area is not allowed. Carports may be constructed to the adjacent property line if the structure meets building code. Twelve feet maximum height limit is imposed on carports locating in the side setback area. Height is defined as the vertical distance measured from the average grade of the site to the highest point of the roof. Carports are required to obtain a building permit and to submit site plans that accurately describe existing dimensions of the side setback area and the dimensions of the proposed structure. The property owner or owners adjacent to the proposed carport shall be notified by the applicant prior to planning commission review. Additional conditions may be established by the planning commission to protect the safety, integrity and aesthetics of the area." MMC Section 17.09.680, Conditional use --Carports located within the site [side] setback area of primary dwellings, will be placed in reserve. Options: The City Council can: 1 Page 139 of 163 9-5 New Business 2 1. Approve Ordinance #2017-19, as written; 2. Approve Ordinance #2017-19 with amendments; 3. Vote to not adopt Ordinance #2017-19 and state the reasons; 4. Postpone action until a later date and request additional specific information. Staff Recommendation: Staff agrees with the Planning Commission and recommends that City Council adopt Ordinance #2017-19. Recommended Motion: I move to adopt Ordinance #2017-19 as written, to amend Sections 17.09.060 and 17.09.070. Attachment(s): Copy of Planning Resolution 26-2017 Copy of Ordinance #2017-20 Page 140 of 163 9-5 New Business ORDINANCE #2017-20 AN ORDINANCE TO AMEND MOAB MUNICIPAL CODE CHAPTER 17.09.680, CONDITIONAL USE — CARPORTS LOCATED WITHIN THE SITE [SIDE] SETBACK AREA OF PRIMARY DWELLINGS WHEREAS, the Moab City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Title 17, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City as well as to promote a more respectful and wholesome community environment; and, WHEREAS, the City of Moab wishes to protect and preserve the objectives of the Zoning Ordinance; and the General Plan; and, WHEREAS, from time to time Council has found it necessary to amend Title 17 to support the elements of the General Plan and facilitate enforcement of the provisions of the land use ordinances; and, WHEREAS, the City determined that MMC Section 17.09.680, Carports located in the "site (side) setback" area of primary dwellings in Section 17.09.680 was detrimental to those objectives in the Zoning Ordinance and the General Plan, since it disregarded side setbacks, long established in the Code; and, WHEREAS, the use of carports in the side yard setback area is not in compliance with the current version of the International Building Code and does not comply with sections of the Moab Municipal Code; and WHEREAS, the Moab City Planning Commission ("Commission") held a duly advertised public hearing on May 11, 2017, to hear and decide the merits of said amendments; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff, determined that these amendments would align the Code with the objectives of the City; and, WHEREAS, Council reviewed Ordinance #2017-20 in a regularly scheduled meeting held on , 2017, to hear and decide the merits of the proposed changes to Section 17.09.680; and, WHEREAS, Council found the changes to be in the best interests of the City of Moab. NOW, THEREFORE, the Moab City Council hereby repeals, in its entirety, Section 17.09.680, as it currently reads, and places it in reserve: 17.09.680 Conditional use --Carports located within the site [side] setback area of primary dwellings. Carports may be permitted as a conditional use to locate in one side setback area of a primary dwelling but may not extend into the primary dwelling's required front setback area. If there is an extension of the primary dwelling or other construction within any side setback area of the primary dwelling, locating a carport in that same setback area is not allowed. Carports may be constructed to the adjacent property line if the structure meets building code. Twelve feet maximum height limit is imposed on carports locating in the side setback area. Height is defined as the vertical distance measured from the average grade of the site to the highest point of the roof. Carports are required to obtain a building permit and to submit site plans that accurately describe existing dimensions of the side setback area and the dimensions of the proposed structure. The property owner or owners adjacent to the proposed carport shall be notified by the applicant prior to planning commission review. Additional conditions may be established by the planning commission to protect the safety, integrity and aesthetics of the area. (Ord. 01-11 (part), 2001) Shall be removed from the Code in its entirety, and placed in reserve. Page 141 of 163 9-5 New Business In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the _ day of , 2017. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Page 142 of 163 9-5 New Business Agenda Summary Moab City Council Meeting June 13, 2017 PL-17-82 Agendaltem #: 9-6 Title: Consideration to Adopt Ordinance #2017-21 to Amend MMC Sections 17.09.530 (Conditional use permits), 17.09.531(14), 17.27.020, and 17.36.020, as Referred to Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, Planning Director Department: Planning and Zoning Applicant: Staff Fiscal Impact: None Background/Summary: On May 11, 2017, the Planning Commission held a public hearing to hear public comments about the text amendments that removes the use of self -store warehouses from conditional uses. Subsequent to the hearing, the Commission voted 3-1 to refer the ordinance to Council with a recommendation to adopt. The lone minority vote was based on the allowable twenty foot height of the units. It was felt that a higher building height would be in order to accommodate larger vehicles and possible sailboat storage. Ordinance #2017-21 will amend Section 17.09.530, Conditional Use Permits, by removing the use from the chart and repeal MMC Section 17.09.531(14), Self -storage warehouse. This action will remove the use from the conditional uses. It also proposes amending Sections 17.27.020 and 17.36.020, Use Regulations, to allow the use as a permitted use in the C-4 and 1-1 Zones with the standards that are contained in 17.09.531. Options: The City Council can: 1. Adopt Ordinance #2017-21, as written; 2. Adopt Ordinance #2017-21 with amendments; 3. Vote to not adopt Ordinance #2017-21 and state the reasons; 4. Postpone action until a later date and request additional specific information. Staff Recommendation: Staff agrees with the Planning Commission and recommends that Ordinance #2017-19 be adopted by Council. Recommended Motion: I move to adopt Ordinance #2017-19 as written, to amend Sections 17.09.530, 17.09.531(14), 17.27.020, and 17.36.020 concerning self -store warehouses. 1 Page 143 of 163 9-6 New Business 2 Attachment(s): Copy of Planning Resolution 24-2017 Copy of Ordinance #2017-21 Page 144 of 163 9-6 New Business ORDINANCE #2017-21 AN ORDINANCE AMENDING MOAB MUNICIPAL CODE CHAPTERS 17.36.020, I-1, INDUSTRIAL, ZONE; 17.27.020 C-4, GENERAL COMMERCIAL, ZONE; AND 17.09.531(14), TO REMOVE THE USE OF SELF -STORAGE WAREHOUSE FROM CONDITIONAL USES AND PERMITTING THEM IN THE C-4 AND I-1 WITH STANDARDS The following findings describe the intent and purpose of this ordinance: a. The City has enacted Sections 17.09.530 and 17.09.531 of the Moab Municipal Code (MMC), which govern conditional uses. b. From time to time the City undertakes to revise its zoning ordinances to improve the efficiency of review processes and the quality of land development. c. The City has reviewed the conditional uses specified in MMC Section 17.09.531, and determined that self -storage warehouses do not need to be included as a conditional use, and the Council believes that this use can be a use by right in the I-1 and C-4 Zones if appropriate standards are applied to development of self -storage warehouse facilities. d. The standards assure that self -storage warehouse developments will promote transportation access, good landscaping design, and buffering with respect to adjacent uses. e. The City finds that this ordinance will serve the public health, safety, and welfare, and that adoption is in the best interests of the Moab community. f. This ordinance was reviewed in a public hearing by the Planning Commission on May 11, 2017, and with the adoption of Planning Resolution 24-2017, the Planning Commission voted 3-1 to recommend approval. Therefore, the City of Moab enacts as follows: The Moab City Council hereby repeals Section 17.09.531(14) in its entirety; (14) Self -storage Warehouse. A. All new self -storage warehouse facilities or expansions are subject to approval of a site plan as described in Section 17.09.660, site plan --required. B. All drives and parking area surfaces shall consist of a maintained all-weather dust free surface such as asphalt, concrete, bricks, pavers or cobblestones. The use of gravel may be exercised but a dust inhibitor shall be regularly applied to the surface and appropriately worked into the surface material. C. Drive lanes must be of a sufficient width to allow vehicles to pass when another is loading or unloading by a unit. D. Traffic impacts shall be mitigated and not lead to disruption of traffic flow on adjacent streets. E. Self -storage warehouses shall be screened/buffered from adjacent properties by the use of decorative/solid wooden privacy fencing or decorative block walls. High quality landscaping may be incorporated into the screening effort but maintenance of all vegetation is the responsibility of the owner(s) of the property. F. Glare, dust, odor, and noise must be contained within the property boundaries. Page 145 of 163 9-6 New Business G. Landscaping shall be provided in accordance with the requirements of Sections 17.09.360, (landscaping --required) and 17.09.370, (landscaping --specifications). Landscaping screening shall be provided and maintained along the perimeter of the property and consist of twenty feet in depth. Vegetation may include existing trees and shrubs but weeds must be managed and landscaping maintained once it is installed. H. All structures shall be maintained in accordance with the adopted version of the International Property Maintenance Code. I. The lot size shall be between a minimum of two acres and a maximum of five acres. J. The total area covered by buildings shall not exceed fifty percent of the site. K. The maximum height of the building or buildings permitted as of right is twenty feet or one story. Additional height may be allowed by resolution of the planning commission. L. No outside storage is permitted except for large vehicles and boats that are under a permanent cover. M. The storage of hazardous, toxic, or explosive substances, including, but not limited to, but excluding the storage of, hazardous waste, industrial solid waste, medical waste, municipal solid waste, septage, or used oil, is prohibited. N. No business activity other than the rental of storage units shall be conducted on the premises. O. One dwelling unit is permitted on the same lot for use as a caretaker dwelling. AND, the Moab City Council hereby amends MMC Chapters 17.27.020, 33 Use Regulations, for the C-4 Commercial Zone with the addition of number "33, Self -storage Warehouse" and MMC Chapter 17.36.020, Use Regulations, for the I-1 Industrial Zone with the addition of letter "K, Self -storage warehouses" as a permitted use with the following language: Self -storage Warehouse. A. All new self -storage warehouse facilities or expansions are subject to approval of a site plan as described in Section 17.67, Site Plan Review. B. All drives and parking area surfaces shall consist of a maintained all-weather dust free surface such as asphalt, concrete, bricks, pavers or cobblestones. The use of gravel may be exercised but a dust inhibitor shall be regularly applied to the surface and appropriately worked into the surface material. C. Drive lanes must be of a sufficient width to allow vehicles to pass when another is loading or unloading by a unit. D. Traffic impacts shall be mitigated and not lead to disruption of traffic flow on adjacent streets. E. Self -storage warehouses shall be screened/buffered from adjacent properties by the use of decorative/solid wooden privacy fencing or decorative block walls. High quality landscaping may be incorporated into the screening effort but maintenance of all vegetation is the responsibility of the owner(s) of the property. F. Glare, dust, odor, and noise must be contained within the property boundaries. Page 146 of 163 9-6 New Business G. Landscaping shall be provided in accordance with the requirements of Sections 17.09.360, (landscaping --required) and 17.09.370, (landscaping --specifications). Landscaping screening shall be provided and maintained along the perimeter of the property and consist of twenty feet in depth. Vegetation may include existing trees and shrubs but weeds must be managed and landscaping maintained once installed. H. All structures shall be maintained in accordance with the adopted version of the International Property Maintenance Code. I. The lot size shall be between a minimum of two acres and a maximum of five acres. J. The total area covered by buildings shall not exceed fifty percent of the site. K. The maximum height of the building or buildings permitted as of right is twenty feet or one story. Additional height may be allowed by resolution of the planning commission. L. No outside storage is permitted except for large vehicles and boats that are under a permanent cover. M. The storage of hazardous, toxic, or explosive substances, including, but not limited to, but excluding the storage of, hazardous waste, industrial solid waste, medical waste, municipal solid waste, septage, or used oil, is prohibited. N. No business activity other than the rental of storage units shall be conducted on the premises. O. One dwelling unit is permitted on the same lot for use as a caretaker dwelling. In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the _ day of , 2017. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Page 147 of 163 9-6 New Business C Agenda Summary Moab City Council Meeting June 13, 2017 PL-17- 83 Agenda item #: 9-7 Title: Public Hearing for the Consideration to Adopt Ordinance #2017-22 to Amend Moab Municipal Code Chapter 17.06.020, Definitions, and Change the Dimensional Requirements of Flag Lots as Referred to City Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, Planning Director Department: Planning and Zoning Applicant: Staff Fiscal Impact: None Background/Summary: On May 25, 2017, the Planning Commission held a public hearing to receive public comment and review the changes to the definition of flag -shaped lots as described in MMC 17.06.020. Subsequent to the hearing, the Commission voted 4-0 to refer the ordinance to Council for approval. Moab Municipal Code (MMC) 17.06.020, defines Flag -Shaped or Panhandle Lots through a description of the dimensional requirements: "Flag -shaped or panhandle -shaped lots" may be created in any single-family or two-family residential zone if all of the following requirements are met: 1. The lot has at least twenty feet of frontage on a dedicated public street, which frontage serves as access only to the subject lot or parcel; 2. The handle portion of the lot is at least twenty feet in width, and not more than one hundred fifty feet in length; 3. That the body of the lot meets the lot area and lot width requirements of the applicable zones. In an effort to provide additional opportunities for housing development, and make the definition consistent with how other lot areas are determined, the amendment is proposed with the following change to the third requirement: 3. The lot meets the lot area and lot width requirements of the applicable zone." Options: The City Council can: 1. Adopt Ordinance #2017-22 as written; 2. Adopt Ordinance #2017-22 with amendments; 3. Vote to not adopt Ordinance #2017-22 and state the reasons; 4. Postpone action until a later date and request additional specific information. Page 148 of 163 9-7 New Business Page 12 Staff Recommendation: Staff agrees with the Planning Commission and recommends that City Council adopt Ordinance #2017-22. A recommended Motion: I move to adopt Ordinance #2017-22 and amend the definition of "flag - shaped or pan handle lots" in MMC Section 17.06.020. Attachment(s): Copy of Ordinance #2017-22 Planning Resolution 28-2017 Page 149 of 163 9-7 New Business ORDINANCE #2017-22 AN ORDINANCE TO AMEND CHAPTER 17.06.020 OF THE MOAB MUNICIPAL CODE BY REPEALING A PORTION OF THE DEFINITION OF FLAG -SHAPED OR PANHANDLE - SHAPED LOTS The following describe the intent and purpose of the City of Moab in the adoption of these amendments: a. The City desires to provide additional opportunities for housing in the City limits. c. The Moab Planning Commission held a duly advertised public hearing on June 8, 2017, to hear and decide the merits of the proposed change and receive public input. The Planning Commission subsequently adopted Planning Resolution #28-2017 with the findings that the amendment was justified and recommended approval by the City. d. The City Council held a regularly scheduled meeting to review the recommendation from the Planning Commission on June 13, 2017. e. The City Council finds that it is appropriate for the City to encourage the development of housing within the City for all residents; that the proposed change is consistent with the General Plan, which encourages the development of affordable housing; and that the current standards for flag -shaped lots may be outdated or an unnecessary impediment to the development of available housing for all residents. NOW, THEREFORE, Council enacts that the definition of Flag -Shaped or Panhandle Lots in MMC Section 17.06.020 is hereby amended so the definition shall now read: "Flag -Shaped or Panhandle Lots Permitted. "Flag -shaped or panhandle -shaped lots" may be created in any single-family or two-family residential zone if all of the following requirements are met: 1. The lot has at least twenty feet offrontage on a dedicated public street, which frontage serves as access only to the subject lot or parcel; 2. The handle portion of the lot is at least twenty feet in width, and not more than one hundred fifty feet in length; 3. The lot meets the lot area and lot width requirements of the applicable zone." PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect immediately upon passage. SIGNED: David L. Sakrison, Mayor Date ATTEST: Rachel Stenta, Recorder Page 150 of 163 9-7 New Business Agenda Summary Moab City Council Meeting June 13, 2017 PL-17-84 Agenda Item #: 9-8 Title: Public Hearing for the Consideration to Approve Resolution 27-2017 and Recommend that City Council Adopt Ordinance #2017-23 to Amend Chapter 17.72 of the Moab Municipal Code and Authorize a Hearing Officer to Decide Land Use Code Appeals and Modifying Appeal Procedures Staff Presenter(s): Jeff Reinhart, Planning Director Department: Planning and Zoning Applicant: Staff Fiscal Impact: None Background/Summary: The Planning Commission held a public hearing on June 8, 2017, to determine the appropriateness of Ordinance #2017-23. Subsequent to the hearing, the Commission voted 4-0 to refer the amendment to the City Council for adoption. Utah Code requires local governments that regulate zoning to appoint an "appeal authority" to hear appeals from zoning decisions (UCA 10-9a-701. Appeals authority required). Traditionally, the appeal authority has been a "board of adjustment" and the Moab Municipal Code Section 17.72.100, describes such a board. This panel of citizens has been used for several decades to hear and decide appeals of administrative decisions and variances to the Code and several cities and counties still have boards. However, changes in state law now allow an appeals authority to be a single individual person, who is appointed to review decisions as a "hearing officer". Additionally, there can be several appeals authorities for different applications. Examples include a hearing officer for building permit denials and an additional officer for required fees. Appeal authorities are authorized to consider appeals of administrative land use decisions, and may grant variances to zoning regulations. Appeal authorities cannot amend land ordinances, ignore ordinances, or use "appeals" as a means of waiving required regulations. For several years, staff level discussions have been held about the merits of using a single individual person or "hearing officer" rather than a board of adjustment for appeals to land use decisions and variances. The changes made by the state legislature allows the City to amend the code and utilize such an officer. Page 151 of 163 9-8 New Business In addition to the appeals officer, the matrix has been updated to reflect changes necessary for the amendments to the site plan review regulations. Options: The City Council can: 1. Adopt Ordinance #2017-23 as written; 2. Adopt Ordinance #2017-23 with changes; 3. Vote to not adopt #2017-23 and state their reasons; 4. Table the vote until a later date and request additional information Staff Recommendation: Staff agrees with the Planning Commission and recommends that City Council approve Ordinance #2017-23. A recommended Motion: I move to adopt Ordinance #2017-23, as written, to amend MMC Section 17.72.100 and use a single hearing officer for the Appeals Authority. Attachment(s): Copy of Ordinance #2017-23 Copy of Planning Resolution 27-2017 Page 152 of 163 9-8 New Business ORDINANCE #2017-23 AN ORDINANCE TO AMEND CHAPTER 17.72 OF THE MOAB MUNICIPAL CODE TO AUTHORIZE A HEARING OFFICER TO DECIDE LAND USE CODE APPEALS AND MODIFYING VARIOUS APPEAL PROCEDURES The following describe the intent and purpose of the City of Moab in the adoption of this ordinance. a. The City currently authorizes an Appeal Authority comprised of five persons to hear and decide certain land use appeals under the Moab Municipal Code. Given the limited number of appeals and the difficulty in filling volunteer positions generally, the City has had difficulty establishing an Appeal Authority. b. U.C.A. § 10-9a-701 authorizes municipalities to establish appeal authorities to hear and decide matters interpreting land use ordinances. c. The City finds that it is in the public interest to designate a person with the requisite skill and knowledge of land use matters and the conduct of adjudicatory hearings to serve as a hearing officer. d. The City additionally finds that it will serve the public interest to provide a forum for the adjudication of municipal land use matters that does not require court action. e. Last, the City finds that it is appropriate to revisit the types of land use approvals which should be subject to an appeal authority process, and this ordinance updates those determinations to provide for efficient review. NOW, THEREFORE, the City Council repeals Sections 17.72.100 through 170 and replaces same as follows: 17.72.100 Matrix of Advisory, Land Use Authority, and Appeal Bodies. A. The Appeal Authority is authorized to hear and decide the following appeals, which are designated by the term AA in the column labelled Appeal Body. As used in this matrix, PC means Planning Commission; CC means City Council; DC means District Court; BC means the Boundary Commission; and NA means Not Applicable. Application/Action Advisory Body Land Use Authority Appeal Body Required Public Hearing Zone Change Planning Commission (PC) City Council (CC) District Court (DC) Yes, PC Land Use Map Amendment or Text Amendment PC CC DC Yes, PC 1 Page 153 of 163 9-8 New Business General Plan Amendment CC CC DC Yes, PC Annexation PC CC Boundary Commission/DC Yes, CC Pre -Annexation Agreement NA CC DC No Conditional Use PC CC DC No Site Plan Tier I NA Staff AA No Site Plan Tier II Staff PC AA No Master Planned Development Prelim. MPD PC CC AA Yes, PC Master Planned Development Final MPD PC CC AA No Zoning Code Interpretation NA Zoning Administrator AA No Non -Conforming Use NA Zoning Administrator AA No Variances Zoning Administrator AA DC No Flood Plain Ordinance NA Zoning Administrator AA No Hillside Ordinance PC CC AA No Planned Unit Development PC CC AA Yes, PC Subdivision, Less than Five Lots Staff PC AA No Subdivision, Five Lots or More PC CC AA Yes, PC Home Occupation NA Zoning Administrator AA No Accessory Use or Structure NA Zoning Administrator AA No Secondary Dwelling Unit NA Zoning Administrator AA No Geologic Hazard Determination Same as for the Underlying Application Expert Panel Per MMC 17.72.230 No 2 Page 154 of 163 9-8 New Business B. In the event of any conflict between the designation of the applicable appeal authority in this Section 100 and the terms of any other provision of the Moab Municipal Code, the terms of this Section shall control. C. Where the Appeal Authority is not designated as the appellate body, review shall be obtained by filing an action in the District Court. 17.17.120 Hearing Officer to Serve as Appeal Authority. A. The Appeal Authority shall be comprised of a single Hearing Officer appointed by the Mayor with the advice and consent of the City Council. The person appointed to serve as the hearing officer shall be a person with: a) knowledge of the Moab Municipal Code and zoning matters, generally; and b) knowledge of adjudicatory hearing procedures and the due process rights of land use applicants and other hearing participants. B. The Hearing Officer shall be paid for services performed pursuant to a contract and at such rates as shall be approved by the City Council. The Hearing Officer shall serve for a term of four (4) years from the date of appointment. 17.72.130 Jurisdiction. A. As a condition precedent to obtaining judicial review, each adversely affected party shall challenge the decision of the applicable Land Use Authority by filing an appeal under this Chapter. The Appeal Authority shall have jurisdiction to hear and decide only the following: 1. Appeals of decisions interpreting Chapter 17 (zoning), and Chapter 16 (subdivisions), and Chapter 15.40 (flood plain matters) of the Moab Municipal Code (MMC) as shown in the appeal matrix in § 17.72.100. B. In any appeal where a party claims that the land use authority reached a decision in violation of state or federal laws, as opposed to provisions of the Moab Municipal Code, the Appeal Authority shall not have jurisdiction to decide the matter, and review shall be obtained before the District Court. 17.72.140 Notice of Appeal and Appeal Fee. A. Any person adversely affected by a decision which is within the jurisdiction of the Appeal Authority may appeal under this Chapter. An appeal shall be commenced by filing a written Notice of Appeal and paying the applicable fee, as set by the Council from time to time. The City must receive the Notice of Appeal and appeal fee no later than thirty (30) calendar days from the date of the decision by the City which is the subject of the appeal. B. An untimely appeal shall be dismissed with prejudice. 17.72.150 Conduct of Hearings. A. All hearing shall be conducted in a quasi-judicial manner and be recorded. The Hearing Officer shall conduct and control the hearing, administer oaths, and receive all evidence. Any interested party may offer evidence in the form of live testimony or by providing documentary or other forms of evidence. The Utah Rules of Evidence shall not apply; however the Hearing Officer has discretion to exclude from consideration any evidence which is deemed to be immaterial, irrelevant, or unreliable. 3 Page 155 of 163 9-8 New Business Additionally, the Hearing Officer has discretion to weigh the credibility and demeanor of witnesses who provide testimony where the appeal centers on disputed issues of fact. B. Hearings shall be scheduled with reasonable promptness, depending on the scope of the issues subject to review. The Hearing Officer may enter pre -hearing orders with respect to discovery, disclosure of witnesses and exhibits, or the like. C. Any interested party may appear individually or be represented by an attorney. D. The appealing party has the burden of proof to show that the decision or order of the City was unlawful, arbitrary, or capricious. E. All hearings shall be open to the public and notice of same shall be provided as otherwise provided for other public meeting of City bodies. F. The decision of the Appeal Authority shall be in writing, and shall contain findings of fact and conclusions of law. The Appeal Authority may affirm the decision, in whole or in part; reverse the decision, in whole or in part; or modify the decision as is warranted by the law and the evidence. 17.72.160 Stay of Decision. A. The filing of an appeal under this Chapter does not stay the decision that is the subjectof the appeal. To obtain a stay the appealing party must separately file a written request for stay with the Appeal Authority, which must show that the appealing party will suffer irreparable harm if the stay is not granted. The request for stay should be accompanied by the evidence, documents, or other information the appellant relies upon in support of its request for stay. 17.72.170 Exhaustion of Administrative Remedies; District Court Review. A. If a matter is within the jurisdiction of the Appeal Authority, the interested party must exhaust all of its administrative remedies by seeking review and a decision by the Appeal Authority prior to seeking review by the District Court. Every theory of relief predicated upon the interpretation of the Moab Municipal Code must first have been presented to the Appeal Authority to be preserved for review by the District Court. B. A party wishing to appeal the final decision of the Appeal Authority must commence an action in the District Court no later than thirty (30) calendar days from the date of the final written decision by the Appeal Authority. A judicial action which is not commenced within that time shall be dismissed with prejudice. C. Review by the District Court shall be based solely on the record before the Appeal Authority. The Appeal Authority shall promptly transmit the record of its proceedings, including the transcript of the recorded hearing, all exhibits and other evidence, and all orders entered in the proceeding. The cost of preparing the transcript shall be paid by the appellant prior to transmittal of the record to the District Court. D. In any district court proceeding under this Chapter the appealing party has the burden of proof to show that the decision of the Appeal Authority was arbitrary, capricious, or illegal. 4 Page 156 of 163 9-8 New Business PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect no later than twenty (20) days from the date of publication. SIGNED: David L. Sakrison, Mayor Date ATTEST: Rachel Stenta, Recorder 5 Page 157 of 163 9-8 New Business WHEREAS, City Council of Moab Resolution #41-2017 Moab municipal government has prioritized renewable energy, carbon reduction, and environmental health in its long-term strategic plan; and, WHEREAS, Moab Mayor, David Sakrison February 2017 signed the Climate Reality 100% Committed pledge that the municipal government's electricity will come entirely from -renewable resources by 2032 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, there is scientific consensus regarding the causal connection between greenhouse gas emissions from fossil fuels combustion, climate change, and planetary warming that threatens the future of Moab's recreation industry and economic vitality; and, Moab's electricity provider, PacifiCorp [dba. Rocky Mountain Power], generates a large portion of its electricity by burning fossil fuels and plans to do so for at least the next 20 years; and, Moab has actively encouraged residences, commercial businesses and the public sector to install solar photovoltaic -generated electricity by funding numerous solar projects including municipal and residential solar incentives such as building permit fee waivers; and, Rocky Mountain Power has filed a rate increase request with the Utah Public Service Commission for a new, three-part rate for its solar net -metering customers that would double the monthly customer charge to $15, impose a "demand" charge of $9.02 times the monthly kilowatt peak, and reduce by 64 percent --from 10.7cents to 3.8 cents —the rate of compensation for solar energy exported to the grid; and, the proposed rate increase may adversely affect the future of solar installations through Moab and Utah, and create a barrier to Moab achieving its stated environmental goal to implement renewable electricity for all city operations by 2032. NOW THEREFORE, be it resolved by the City Council of Moab as follows: 1.REAFFIRMS its commitment to achieve the strategic goal of transitioning from fossil fuels to renewable energy sources that include residential and commercial solar photovoltaic -generated electricity; and, 2. CALLS UPON the Utah Public Service Commission (PSC) to DENY Rocky Mountain Power's solar net -metering rate increase request; and, 3. URGES the PSC to consider the long-term value of solar to avoid future utility investments and improve Utah's economy, air, health, and environment when designing rates. Passed and adopted this day of , 2017 Page 158 of 163 9-9 New Business CITY OF MOAB AND ROCKY MOUNTAIN POWER JOINT CLEAN ENERGY COOPERATION STATEMENT City of Moab ("City"), a Utah municipal corporation, and PacifiCorp dba Rocky Mountain Power, an Oregon corporation ("Company") jointly state their intention to cooperate in accordance with the below stated objectives. I. OVERVIEW The City is responsible for protecting the public health and safety of its residents, which includes facilitating access to clean air, dependable and affordable energy, clean water and a livable environment. The Company is a public electric utility regulated by the Public Service Commission of the state of Utah ("PSC") with a responsibility for providing safe and reliable electrical service to its customers by means and at rates that are fair, just and reasonable as determined by the PSC. The City has determined that meaningful reductions in pollution and greenhouse gas emissions will benefit all City residents, visitors, businesses and Utah as a whole, through improved public health, additional economic opportunities, long-term energy price stability and a stronger sense of community security. The City and the Company desire to work cooperatively to support the City's energy goals as identified herein through the use of programs and innovative technologies that may be unique to the City and will be further developed through ongoing feasibility and implementation work. II. GOALS The City is committed to reducing pollution and the carbon intensity of electricity used in the City by both the municipality and general citizenry. The City has set a goal to transition to an annually measured 100% net renewable electrical energy portfolio for municipal functions by 2022 and for the community as a whole by 2032. The City desires to accelerate adoption of energy efficiency in the community and for municipal operations because the cheapest, cleanest energy is energy that is not used. This, in turn, will reduce energy costs. The City aspires to the goal that net -cost changes, if any, to the City or its energy users associated with achieving its stated clean energy goals are reasonable. The City envisions 1 Page 159 of 163 9-10 New Business measures to mitigate any incremental costs associated with pursuing a clean energy future to all City energy users with a high priority placed on preventing negative impacts to low- income residents. Further, the City is willing to consider paying higher upfront costs with the understanding that the value to the City is meeting the City's environmental goals and objectives. The City acknowledges that net lifecycle financial costs and benefits as defined by the Utah Public Service Commission associated with measures used to achieve its energy goals will benefit, and thus be the responsibility of, the City and electricity users within City limits. The City acknowledges that the Company may need necessary approval(s) as to terms, costs and rates relating to services provided by the Company in order to implement the measures contemplated by this cooperation statement. The City is motivated, in part, by continuing reductions in renewable energy costs and the desire for stable long-term energy rates. The City also wishes to cooperate with the Company to develop a local energy system that meets the social and economic goals of the City. III. RENEWABLE ENERGY, ENERGY EFFICIENCY AND ELECTRIC VEHICLE PROJECTS • The City and the Company will strive to develop a variety of energy efficiency and renewable resource options for all energy users in the City —residential, commercial, industrial, governmental and non -profit —to reduce carbon intensity and make significant progress towards the City's reduced emissions and reduced energy usage goals. These options include remote and locally sited utility -scale solar and regional wind installation solutions, along with customers' ability to net meter their own installations. The plan will primarily consider and evaluate the following options for further development: — New Subscriber Solar and Wind. Evaluation of existing renewable resources to meet city needs and potential retirement of RECs. — A customized renewable energy program that addresses the transition from coal - based generation to renewable and the associated costs. The City and the Company will work together on programs that may include energy efficiency, demand response, energy storage and renewable energy projects, including programs designed to provide energy users within the City the ability to purchase the output of regional renewable energy facilities. The City and the Company will strive to jointly evaluate new technologies such as smart - grid and customer -side investments designed to allow efficient utilization of resources, reduced greenhouse gas emissions and deployment of renewable energy and electric vehicle ("EV") charging infrastructure. 2 Page 160 of 163 9-10 New Business The City and the Company will strive to investigate options to deploy EV infrastructure and innovative technologies to support EVs. IV. MUNICIPAL RENEWABLE ENERGY PROJECTS To facilitate the City's renewable energy and carbon reduction goals for City facilities and increase and expand the City's municipal clean energy portfolio, the City has subscribed to approximately one -point -six megawatts (1.6 MW) of solar energy for use at various City facilities under the Company's Subscriber Solar Program. To the extent additional solar energy is or becomes available under the Company's Subscriber Solar program or otherwise, the City may subscribe to additional solar energy for City facilities in the future. The City and the Company intend to cooperate to identify additional avenues for leveraging City assets (e.g., infrastructure and property) and City and Company investments to build additional renewable energy projects to achieve the City's municipal energy goals. V. IMPLEMENTATION STEPS AND TIMING The City and the Company intend to work together to develop an implementation plan outlining respective roles, processes, responsibilities, timelines, program and project development pathways and costs to achieve the goals and deliverables outlined in this Cooperation Statement. The City and Company will meet regularly to develop a framework of deliverables to support the implementation plan. The target deadline for completion and acceptance of the initial framework of deliverables by the Company and the City is March 31, 2017. The Company desires to assist the City to develop a 10-year load forecast, to be updated as needed, setting a baseline from which work on the clean energy plan can be established. The City and the Company intend to jointly publish an annual report by April 30 of each year, beginning in 2018, to detail status and progress towards renewable energy, energy efficiency and carbon reduction goals. The City and the Company intend to cooperate to identify mutually agreeable projects and programs and the Company will take a leadership role in identifying and pursuing the necessary approvals required. 3 Page 161 of 163 9-10 New Business The City and the Company intend to work together in good faith to develop and implement projects and programs to help the City achieve its clean energy targets with the understanding that implementing these measures will require entering into contracts and agreements to administer the developed programs and may require commission approval. VI. COMMITMENT OF COOPERATION As stated above, the City and the Company desire to work together to successfully achieve the City's stated goals and the objectives that will be jointly developed over time. The City desires to work directly with the Company on its renewable energy supply and agrees not to separately implement options including Community Choice Aggregation (CCA) that would directly conflict with the parties ability to continue to mutually implement the objectives stated in this cooperation statement prior to January 1, 2022. If by January 1, 2022, approvals are secured and the program(s) plans are satisfactory to the City and the Company, the City will not implement CCA or other directly conflicting options thereafter. If either the City or the Company has a dispute regarding progress towards objectives outlined in this Cooperation Statement or the timeliness of related implementation, the mayor and the CEO of the Company desire to be directly involved and work together to attempt to resolve whatever issues may arise. This Cooperation Statement shall become effective upon signing by both the City and Company and will inform cooperation between City and Company, likely starting in 2016. Progress towards objectives stated herein will be reviewed and the Cooperation Statement may be extended in the future, with or without amendments, through a commitment by both the City and the Company. [Signature page follows] 4 Page 162 of 163 9-10 New Business IN WITNESS WHEREOF, the parties to this JOINT COOPERATIVE STATEMENT have affixed their signatures: Mayor David L. Sakrison City of Moab City Recorder Rachel E. Stenta City of Moab Cindy Crane President and CEO, Rocky Mountain Power 5 Date: Date: Date: Page 163 of 163 9-10 New Business