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HomeMy Public PortalAboutPKT-CC-2016-04-12Moab City Council April 12, 2016 Pre -Council Workshop/Budget ***5:00 PM*** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 103 Agenda Page 2 of 103 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, April 12, 2016 at 5:00 p.m. 5:00 p.m. 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: SECTION 7: Agenda BUDGET WORKSHOP 5:00 — 6:30 PM Fiscal Year 2016-2017 Proposed Budget Workshop PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 February 29, 2016 1-2 March 8, 2016 1-3 March 17, 2016 1-4 March 18, 2016 CITIZENS TO BE HEARD PRESENTATIONS 3-1 Presentation of the Mayor's Student Citizenship of the Month Award for March 2016 for Helen M. Knight School PROCLAMATIONS 4-1 None PUBLIC HEARING (Approximately 7:15 PM) 5-1 None SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of a Request for Amplified Music at Old City Park by the Moab Valley Humane Society on June 18, 2016 6-2 Approval of a Request for Amplified Music at Old City Park by Rick Leech on May 28, 2016 6-3 Request for Approval of a Class I Beer License for Angela Hicks, d.b.a. Crooked Strokes LLC to Conduct a Sip and Paint Business Located at 137 North Main Street 6-4 Request for Granting of Local Consent for a Scientific and Educational Special Use Alcohol Permit for Crooked Strokes, LLC Located at 137 North Main Street NEW BUSINESS 7-1 Approval of Proposed Resolution #09-2016 — A Resolution conditionally approving a Minor Subidivision of Lo%2 opf0A of the Peaches Subdivision Located at 635 and 645 South 400 East in the f-2, One and Two Family Residential Zone 7-2 Approval of Proposed Resolution #10-2016 — A Resolution Approving a Petition for a Two -Lot Minor Subdivision of a .53-Acre Lot Located in the R-2 Zone and Accepting Right -of -Way to Correct an Encroachment of Constructed City Sidewalk on Private Property 7-3 Second Reading to Consider Proposed Ordinance #2016-01— An Application for a Code Text Amendment to Moab Municipal Code Sections 17.45.060, R-2, One -family and Two-family Residential Zone, and 17.15.050, Residential Area Regulations Reducing the Minimum Size of Dwellings in the R-2 Zone 7-4 Approval of Change Order # 1 for the existing Task Order with Hansen, Allen & Luce for the Storm Water Master Plan project with an increased fee amount not to exceed $11,355 7-5 Approval of Change Order # 2 for the existing Task Order with Hansen, Allen & Luce for the Storm Water Master Plan project with an increased fee amount not to exceed $15,613 7-6 Second Reading and Possible Approval of the Corridor Agreement — An Agreement between the Utah Department of Transportation (UDOT) and the City of Moab for access management and long-term planning on US-191, Milepost 112.0 to 123.4 7-7 Approval of the Federal Aid Agreement between the City of Moab and Utah Department of Transportation for the Safe Routes to School project 7-8 Approval of a Purchasing Exemption to Aqua Aerobic Systems, Inc., for equipment design on the new Wastewater Treatment Plant in an amount not to exceed $30,000 7-9 Approval of the Donation of Unclaimed Property (Bicycles) to the Grand County School District 7-10 Approval of Proposed Resolution #11-2016 — A Resolution Amending the Moab Personnel Policies and Procedures Manual SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: EXECUTIVE CLOSED SESSION 13-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 14: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda Page 4 of 103 MOAB CITY COUNCIL SPECIAL JOINT CITY/COUNTY COUNCIL MEETING February 29, 2016 The Moab City Council held a Special Joint City/County Council Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David Sakrison called the Special Meeting to order at 11:37 AM. In attendance from the City were Councilmembers Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey, Rani Derasary and Kalen Jones. Also in attendance were City Manager Rebecca Davidson and City Recorder/Assistant City Manager Rachel Stenta. Grand County attendees were Councilmembers Lynn Jackson, Elizabeth Tubbs, Mary McGann, Jaylyn Hawks, County Clerk Diana Carroll and Council Administrator Ruth Dillon. Seven (7) members of the audience and media were present. A presentation was made by Doug Fix from the Canyonlands Health Care Special Service District. A presentation on the Moab City Wastewater Treatment Plant was given by City Manager Davidson. Discussion followed. A Roundtable Discussion on Affordable Housing was led by Mayor Sakrison. A discussion on City -County Growth Management was cancelled. Mayor Sakrison adjourned the Regular Council Meeting at 1:16 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder SPECIAL MEETING CALLED TO ORDER AND ATTENDANCE PRESENTATION BY CANYONLANDS HEALTH CARE SPECIAL SERVICE DISTRICT PRESENTATION ON CITY WASTE WATER TREATMENT PLANT ROUNDTABLE DISCUSSION ON AFFORDABLE HOUSING CITY -COUNTY DISCUSSION ON GROWTH -CANCELLED ADJOURNMENT Agenda Page 5 of 103 MOAB CITY COUNCIL REGULAR MEETING March 8, 2016 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. Mayor David Sakrison called the Pre -Council Workshop to order at 6:00 PM. In attendance were Councilmembers Heila Ershadi, Rani Derasary, Kyle Bailey, Tawny Knuteson-Boyd and Kalen Jones. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Parks Recreation and Trails Director Tif Miller, City Engineer Phillip Bowman and City Attorney Chris McAnany Utah Department of Transportation Representative Robert Dowell and Lynn Jacobs from Fehr and Peers Engineering presented the Moab Signal and Pedestrian Study Presentation. Parks Recreation and Trails Director Miller led a discussion concerning the Rules for Lions Park. Mayor Sakrison called the Regular City Council Meeting to order at 6:59 PM and led the pledge of allegiance. Seventeen (17) members of the audience and media were present. Councilmember Bailey moved to approve the minutes of February 9, 2016 Council Meeting with corrections and February 27, 2016 minutes as they are. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson- Boyd and Derasary voting aye. There were no Citizens to Be Heard. Citizens Brian and Angela Hayes presented their concerns about Rainbow Drive's condition. Rainbow Drive is not paved. The Hayes' stated that they would like it to be. March 8, 2016 Page 1 of 6 REGULAR MEETING & ATTENDANCE PRE COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD PRESENTATION REGARDING RAINBOW DRIVE Agenda Page 6 of 103 Councilmember Jones moved to approve a Special Business Event License for Cruise Moab 2016 on May 4 to May 8, 2016 Located at 1372 North Highway 191. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Derasary moved to approve a Private Property Vendor for Moab Diner Located at 189 South Main Street on March 23, 2016. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Bailey moved to approve a Private Property Vendor for City Market Garden Center Located at 425 South Main Street from March 28 to June 30, 2016. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Ershadi moved to approve a Proposed Resolution #06- 2016 — A Resolution Conditionally Approving The Final Plat For The Valley View Subdivision, Phase 1, On Property Located In The R-2 Zoning District. Councilmember Knuteson-Boyd seconded the motion. The motion carried 4-1 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd voting aye and Derasary voting nay. Councilmember Bailey moved to approve a Subdivision Improvements Agreement for the Valley View Subdivision with conditions. Councilmember Knuteson-Boyd seconded the motion. Councilmember Bailey moved to table the Subdivision Improvements Agreement for the Valley View Subdivision. Councilmember Knuteson- Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Ershadi moved to approve Task Order 16-01 Bowen Collins and Associates for the Waste Water Treatment Plant (WWTP) Outfall Evaluation for an amount not to exceed $14,708. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. March 8, 2016 Page 2 of 6 APPROVAL OF SPECIAL BUSINESS EVENT LICENSE FOR CRUISE MOAB APPROVAL OF PRIVATE PROPERTY VENDOR AT 189 SOUTH MAIN STREET APPROVAL OF PRIVATE PROPERTY VENDOR AT 425 SOUTH MAIN STREET APPROVAL OF RESOLUTION #06-2016 APPROVAL OF SUBDIVISION IMPROVEMENTS AGREEMENT APPROVAL OF TASK ORDER 16- 01 WITH BOWEN COLLINS AND ASSOCIATES Agenda Page 7 of 103 Councilmember Jones moved to approve a Task Order 16-02 with Bowen Collins and Associates for the WWTP UPDES Permit Renewal Assistance and Analysis for an amount not to exceed $8,962. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Jones moved to approve Change Order #1 to the approved Task Order with Horrocks Engineers for the 2015 Sanitary Sewer Replacement Project in an amount not to exceed $8,265. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Jones moved to approve to grant a Utility and Access Easement on City property near Old City Park to Rick York. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Derasary moved to approve a Cooperative Agreement between the Utah Department of Transportation (UDOT) and the City of Moab to allow the placement and use of pedestrian flags at two locations on Main Street/US-191 within the City limits. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Jones moved to approve a Purchasing Exception to Parr Brown Gee & Loveless Attorneys at Law in an amount not to exceed $18,428.78. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson- Boyd and Derasary voting aye. Councilmember Ershadi moved to approve Criteria for Discounted Membership or Membership Grants and a Waiver of Use Fees and through discounted membership grants at the Moab Recreation and Aquatic Center for Charitable Groups and Nonprofits Not to Exceed $1,000 Yearly. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson- March 8, 2016 Page 3 of 6 APPROVAL TASK ORDER 16-02 WITH BOWEN COLLINS AND ASSOCIATES APPROVAL OF CHANGE ORDER #1 WITH HORROCKS ENGINEERING APPROVAL OF GRANTING A UTILITY EASEMENT APPROVAL OF COOPERATIVE AGREEMENT WITH UDOT APPROVAL OF PURCHASING EXCEPTION DISCUSSION/APPROVAL OF MRAC DISCOUNTS Agenda Page 8 of 103 Boyd and Derasary voting aye. Councilmember Derasary moved to approve Resolution #07-2016 —A Resolution Amending the Fee Schedule for the Moab Recreation and Aquatic Center. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Bailey moved to table the Discussion and Possible Approval of Proposed Ordinance # 2016-02 — An Ordinance Amending Conditional Uses and Specifically Bed and Breakfasts as found in MMC Chapters 17.09.530 and 17.09.531 as Referred to Council by the Planning Commission. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. In Mayor and Council Reports, Mayor Sakrison told the council that he attended a Drinking Water Board Meeting and a Rural Water Conference in Saint George. Mayor Sakrison spoke with John Mackey, with the Division of Water Quality and Mr. Mackey mentioned that he was very pleased with the progress of on the Memorandum of Understanding as well as the Agreement with the District concerning the Waste Water Treatment Plant. Mr. Mackey also mentioned the money is set aside for our project. Mayor Sakrison also stated that he spoke to Emery County, who passes General Obligation Bonds, to possibly be able to use money to match with Permanent Community Impact Board (CIB) money, to fund their Infrastructure Plan. Councilmember Ershadi mentioned that she attended the Homeless Coordination Committee Meeting. Councilmember Ershadi reported that she met with the Nature Conservancy, and also attended the Community Composting Meeting. Councilmember Derasary mentioned she attended the Joint City/County Meeting. Councilmember Derasary reported that she attended the Trail Mix Committee Meeting with Parks, Recreation and Trails Director Miller. March 8, 2016 Page 4 of 6 APPROVAL OF PROPOSED RESOLUTION # 07-2016 DISCUSSION/APPROVAL OF ORDINANCE # 2016-02 MAYOR AND COUNCIL REPORTS Agenda Page 9 of 103 Councilmember Derasary stated that Trail Mix mentioned that Moab has been in several publications recently regarding trails. Councilmember Derasary is attending weekly Legislative Policy Committee (LPC) meetings with Mayor Sakrison and several Bills are being followed. Councilmember Knuteson-Boyd reported that she attended the Housing Authority Meeting and at that meeting she learned that Jaylyn Hawks of Seekhaven, wrote and is applying for a grant, Transitions for Women, which would provide housing for women escaping Domestic Violence. Mayor Sakrison reported that he attended an Airport Board meeting and relayed the information that we still do not have an airline. Councilmember Jones mentioned that he attended an ATV Education Committee Meeting at which a budget was approved. Councilmember Jones reported he attended a Housing Task Force Meeting at which was mentioned that some of their goals have been achieved, one of those goals being changes to the land use code at Grand County. Councilmember Bailey reported that he attended a Grand Water and Sewer Special Services District Meeting and that GWSSD is in the process of redoing their Impact Fees and are very excited about the Waste Water Treatment Plant. There was no correspondence to be read. In Administrative Report City Manager Davidson distributed a written report and also reported that she attended a Moab Area Travel Council meeting today. City Manager Davidson also mentioned talking to the Moab Valley Multicultural Center about bridging gaps between clients, possibly having interns at Moab City who speak Spanish or Navajo available at certain times each day. A Report on City/County Cooperation was not given. March 8, 2016 Page 5 of 6 READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION Agenda Page 10 of 103 Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $286,983.73. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Bailey moved to enter an Executive Session at 8:46 pm for the purpose of a Discussion Pending or Reasonably Imminent Litigation. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson- Boyd and Derasary voting aye. APPROVAL OF BILLS EXECUTIVE SESSION ENTERED Councilmember Bailey moved to close Executive Session at 9:22 pm. EXECUTIVE sEssloN CLOSED Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Bailey moved to adjourn the meeting. Councilmember ADJOURNMENT Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. The meeting was adjourned at 9:23 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder March 8, 2016 Page 6 of 6 Agenda Page 11 of 103 MOAB CITY COUNCIL SPECIAL JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP March 17, 2016 The Moab City Council and Moab City Planning commission held a Special Joint Workshop on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David Sakrison called the Special Meeting to order at 5:30 pm. In attendance from the City Council were Councilmembers Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey, Rani Derasary and Kalen Jones. From the Planning Commission were Commissioners Janette Kopell, Laura Uhle, Alison Brown and Wayne Hoskisson. Also in attendance were City Manager Rebecca Davidson, City Planner Jeff Reinhart and City Zoning Administrator/Assistant Planner Sommar Johnson. A presentation was made by Doug Fix from the Canyonlands Health Care Special Service District. SPECIAL MEETING CALLED TO ORDER AND ATTENDANCE A discussion was held on the Planning Commission and City Council Roles DISSCUSSION ON as Related to Development. DEVELOPMENT A discussion regarding Affordable Housing was held. Mayor Sakrison adjourned the Regular Council Meeting at 6:52 pm. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder March 17, 2016 Page 1 of 1 DISCUSSION ON AFFORDABLE HOUSING ADJOURNMENT Agenda Page 12 of 103 MOAB CITY COUNCIL SPECIAL JOINT CITY COUNCIL MEETING/TOUR OF FACILITIES March 18, 2016 The Moab City Council held a Special Joint Workshop on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David Sakrison called the Special Meeting to order at 2:07 pm. In attendance from the City Council were Councilmembers Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey, Rani Derasary and Kalen Jones. Also in attendance were City Manager Rebecca Davidson and City Recorder/Assistant City Manager Rachel Stenta. Two (2) members of the audience were present. Councilmember Ershadi made a motion to approve a Subdivision Improvement Agreement for the Valley View Subdivision. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. A tour of City Facilities and Infrastructure was given by City Manager Davidson. Mayor Sakrison adjourned the Special Council Meeting at approximately 5:15 pm. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder March 18, 2016 Page 1 of 1 SPECIAL MEETING CALLED TO ORDER AND ATTENDANCE APPROVAL OF IMPROVEMENT AGREEMENT TOUR OF CITY FACILITES ADJOURNMENT Agenda Page 13 of 103 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 12, 2016 Agenda item #: 6-1 Title: Approval of a Request by Moab Valley Humane Society for an Amplified Music Event at Old City Park on June 18, 2016 Fiscal Impact: None Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Manager Department: Parks Applicant: Moab Valley Humane Society Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. 1 Options: Approve, Approve with conditions, Deny or postpone. Staff Recommendation: City staff recommend 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: Approve Attachment(s): Please see attached letter from Moab Valley Humane Society. Agenda Page 14 of 103 Humane Society of Moab Valley March 22, 2016 Rachel Stenta City Recorder/Assistant City Manager 217 E. Center St. Moab, Utah 84532 Dear Rachel, 956 Sand Flats Rd. Moab, UT 84532 435-259-HUMANE www.moabpets.org I am sending you information regarding the Humane Society of Moab Valley's annual event Dawg Days of Summer. The event will be held at Old City Park Saturday, June 18, 2016 from 5:00-8:00. We are requesting approval from the Moab City Council for the use of amplified music. Please let me know if there is any other information that you require. Thank You, Leigh Ryan Administrator HSMV 435-259-4862 hsmv@citlink.net Agenda Page 15 of 103 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 12, 2016 Agenda item #: 6-2 Title: Approval of a Request by Rick Leech for an Amplified Music Event at Old City Park on May 28, 2016 Fiscal Impact: None Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Manager Department: Parks Applicant: Rick Leech Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. 1 Options: Approve, Approve with conditions, Deny or postpone. Staff Recommendation: City staff recommend 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: Approve Attachment(s): Please see attached letter from Rick Leech. Agenda Page 16 of 103 Dear Council This letter is to request amplified music at the old city park on may 28th 2016 ,from approximately 3 to 7 pm. The purpose is to provide entertainment and atmosphere to a wedding at that location. Thank you for this consideration. Rick Leech Please notify of decision at : RILleech@gmail.com or 736 kanecreek blvd Moab Ut 84532 c a) co Q Page 17 of 103 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 121 2016 / Agenda item #: 6-3, 6-4 f. Title: Approval of Class I Beer License for Angela Hicks, d.b.a. Crooked Strokes, LLC to 1 Conduct a Sip and Paint Business Located at 137 North Main Street; and Granting of Local Consent for a for a Scientific and Educational Special Use Alcohol Permit for Crooked Strokes, LLC Located at 137 North Main Street Fiscal Impact: All applicable fees have been paid by the applicant Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Recorder/Treasurer Applicant: Angela Hicks Background/Summary: This location has not been previously licensed. This application is for a Class I Beer License and Local Consent for a Scientific and Educational Liquor License. The Class I Beer License entitles the Licensee to sell Beer in the original containers, on the premises for consumption on or off the premises, in accordance with the State of Utah Liquor Control Act and ordinances of the City of Moab. Staff has determined that a formal background check is not required for this type of license. The Police Chief has reviewed this application and has determined that the application is in order and there are no proximity issues. This is the first local consent of this type for our area. • Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of this application. Recommended Motion: Approve Attachment(s): Application materials Memo from Police Chief Local Consent Form Agenda Page 18 of 103 DATE PAID: AMOUNT PAID: RECEIPT No.: 3-.30-/(3 of2a 0 .o /?'tolls CITY OF MOAB RETAIL BEER' LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB CI CLASS I FEE: ❑ CLASS II FEE: ❑ PRIVATE CLUB ❑ CLASS III FEE: ❑ CLASS !V FEE: LICENSE #: $zoo.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: 1.�.�� e ��ic� S HOME PHONE: grjt - ( 50 d }a7 HOME ADDRESS: CITY: l.rpCtio STATE: 10 Z4P: •(} t4 53 Z SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER& STATE: DATE OF BIRTH: BUSINESS INFORMATION BUSINESS NAME: SAll*CS BUSINESS ADDRESS. 13 q r\ 1'Y1 AAA„y BUSINESS MAILING ADDRESS: i 9- SALES TAX ID #: BUSINESS PHONE: (it,;; I-450 CITY: 1,11400,10 STATE: lAk ZIP: V.63 WARNING!! ALL LICENSES, EXCEPT CLASS 111, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER' UNDER THE FOLLOWING LICENSE: (CHECK ONE CLASS ❑ CLASS II Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. ❑ PRIVATE CLUB Same conditions as Class I and Class II Beer Licenses. ❑ CLAss III ❑ CLASS IV Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ NO ❑ YES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: 'Beer application is for 3.2% by weight only. Also requires a State license. 07/09/14 Agenda Page 19 of 103 3. tlpve you ever been convicted of any offense other than a minor traffic violation? A NO O YES (If yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class I, II, Private Club and Class IV. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435)259-5602 471 SOUTH MAIN DATE OF INSPECTION APPROVED O DISAPPROVED In REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Agenda Page 20 of 103 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH : SS COUNTY OF GRAND C� Applicant's Signature Pt "J �� f,'r , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof: that the same is true to his/her own knowledge. Subscribed and sworn to before me on this Jo day of (-Y1 r41.-, a el ! 6 . ^._..� JENNIE ROSS sr:\ Notary Public ` 1.�: State of Utah :4 Comm. No. 661521 _r My Comm- Expires Dec 11. 2016 ` Notary Public Agenda Page 21 of 103 Michael Navarre, Chief of Police MOAB CITY POLICE DEPARTMENT 217 East Center Street, Suite #130 Moab, Utah 84532 (435) 259-8938 FAX (435) 259-8915 Date: 03/31/2016 MCPD-MEM0-16-03-08 To: Moab City Council members From: Navarre Re: Class I beer license Class I beer license for Crooked Strokes LC, located at 137 North Main, Moab Utah. There are no proximity issues concerning this location. Thanks Agenda Page 22 of 103 DATE. PAID: 111L42 • AMPU:NtPAID:r, - Ft'EOtlittt.iND;t "• .:•.-CIT'Y OF MOAB ss:al,..).S(N.ESS LICENSE APPLICATION ! • FEE: ! •:11•71tAST CENTER STREET - " _ .." Fi „ MOAB, UTAH 84532-- - - . LICENSE*: ••/ * " 14:-.46).4.49,01?.1.1:F.(430:10941 • • : ' ;ZoNE:. 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LOCAL CONSENT SPECIAL USE PERMIT (Scientific & Educational) Utah Department of Alcoholic Beverage Control Licensing and Compliance Section 1625 South 900 West PO Box 30408 Salt Lake City, Utah 84130 Gentlemen: Trl a ah Date: 6 3 - - qI -1 (City (Town)(County) hereby grants its consent to the issuance of a Special Use permit to Circc�C�� tiS�re�Le��' <<C-L , Special Use permittee, located at ,� '� n ii'14—(,,,1 , pursuant to the provisions of Section 32B-10, Utah Code for the purpose of purchase, storage and/or other lawful use of alcoholic products as authorized by the Utah Department of Alcoholic Beverage Control. Sincerely, Authorized Signature Name/Title Effective 7.1.11 v.7.18 page 5 of 15 Agenda Page 24 of 103 Agenda Summary MOAB CITY COUNCIL MEET NG / April 12, 2016 [Title: Approval of Council Resolution #09-2016 Conditionally Approving a Minor Subdivision of Lots 2A and 3A of the Peaches Subdivision Located at 635 and 645 South 400 East in the R-2, One- and Two -Family Residential Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Doug and Carma McElhaney PL-I9-39 Agenda. ltem #: ]-1 Background/Summary: The City has received an application for an amendment to the Peaches Subdivision plat. The request would create two 2-family lots from the existing Lot 2A and Lot 3A that are 6,000 square feet in area. Both lots will have a width of fifty feet and 4 smaller less expensive homes will be constructed on the property. The properties are located south of the corner of 400 East Street and Kiva Drive in the R-2 zoning district. The dimensions of the lots in the R-2 include a frontage width of fifty feet and a minimum of 6,000 square feet for two-family homes. The adjacency to 400 East Street satisfies the required frontage on a right-of-way. The location requirements can be met and the setbacks will be reviewed at the time application for a building permit is submitted. Because of the location of the property in an area of 400 East where the city has restricted access to the fronts of the property due to street median design, the garages are all accessed from the rear of the lots via an access and utility easement twenty feet in width that begins to the north on Kiva Drive. There has been much discussion between staff members about the functionality of the garages being loaded from the access easement and the possible difficulties of larger vehicles being able to turn into the garages. The code does not address this specific situation and other requirements that can be imposed do not exist. A party wall agreement was submitted and reviewed and approved by the city attorney and will be recorded in the Office of the Grand County Recorder by the developer contemporaneous with approval. An additional issue has surfaced that relates to the twenty -foot wide drive access from Kiva Drive to the southernmost lot of the project. The access easement was proposed to be gravel but solid paving Agenda Page 25 of 103 will be more appropriate. The Improvements Agreement will require the developer to provide a solid surface for his lots. Staff Recommendation: Staff recommends that the subdivision of Lots 2A and 3A of the Peaches Subdivision Amendment be conditionally approved. While it satisfies the requirements of MMC 17.45, R-2, Single -Family and Two -Family Residential Zone and specifically Chapters 17.45.030 Area requirements, 17.45.040, Width requirements, and 17.45.050, Location requirements, the drive access must be paved. Recommended Motion: I move to approve Resolution #09-2016, approving the Peaches Subdivision with the condition that an Improvements Agreement to pave the drive access be approved by City Council. Attachment(s): Copy of Council Resolution #og-2o3.6 Copy of Plat Narrative Aerial Photos- access easement and street frontage Agenda Page 26 of 103 RESOLUTION #09-2016 A RESOLUTION APPROVING A MINOR SUBDIVISION OF LOTS 3A AND 2A OF THE PEACHES SUBDIVISION LOCATED IN THE R-2, SINGLE- AND TWO-FAMILY RESIDENTIAL ZONE AT 635 AND 645 SOUTH 400 EAST, OWNED BY DOUG AND CARMA MCELHANEY WHEREAS, Doug and Carma McElhaney at 493 Cottonwood, Moab, Utah 84532, also as the "Owners" of 635 and 645 South 400 East Street, Moab, Utah have applied to amend Lots 2A and 3A, respectively, of the Peaches Subdivision; and WHEREAS, the Owners submitted to the City of Moab the appropriate application and documents for review and approval of the proposed plat amendment; and WHEREAS, the Owners desire to create two 2-family lots from lots that are six thousand square feet in size; and WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on March 22, 2016, reviewed the proposal for compliance with the Moab Municipal Code and State Code Chapter 10-9a- 608(2) that allows an amendment of a subdivision plat without a public hearing if: (a)the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the owner..."; and WHEREAS, the application does not include a request to vacate or amend a public right-of-way; and WHEREAS, the proposed lot sizes meet the minimum lot size requirement of 6,000 square feet for two- family dwellings in the R-2 Zone as found in MMC Section 17.45.030, Area requirements, as the other dimensional and location requirements of 17.45.040, Width requirements, and 17.45.050, Location requirements; and WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical aspects of the pertinent code sections, Council hereby finds, that the code requirements have been met. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL: THAT, by adoption of Resolution #09-2016, the application for the further subdivision of the lots located at 635 and 645 South 400 North is hereby approved without conditions. PASSED AND ADOPTED by action of the Moab City Council in open session this 22nd day of March, 2016. ATTEST: Rachel Stenta Moab City Recorder Dave Sakrison Mayor Agenda Page 27 of 103 Agenda FINAL PLAT OF PEACHES SUBDIVISION, AMENDED II A REPLAT OF LOTS 2A & 2B LOCATED IN SECTION 7, TOWNSHIP 26 SOUTH, RANGE 22 EAST, SALT LAKE BASE AND MERIDIAN MOAB CITY, GRAND COUNTY, UTAH 3C0 S SITE W VICINITY MAP NOT TO SCALE POINT OF BEGINNING EAST STREET LEGEND Q. Property Corner Section corner Monument Project 090-15 Date 11/18/15 Sheet 1 OF 1 i NORTHWEST CORNER I SECTION 7, I T26S, R22E, I SLB&M r BASIS OF BEARINGS EAST KIVA DRIVE LOT 1A LOT 1 B EAST 120.00' i LOT 2A 3,060 sq. ft. 0.07 acres INE EASEMENT cc w> a. w 0>_ 0 RED DESE Land Surveying 4290 Zimmerman Lane Moab, UT 84532 435.260.0104 EAST 120.00' LOT 2B 3,000 sq. ft. 0.07 acres EAST 120.00' LOT 3A 3,000 sq. ft. 0.07 acres EAST 120.00' LOT 3 B 3,000 sq. ft. 0.07 acres WEST 120.00' BALLARD SUBDIVISION LOT 2 0 N a O L } MILL CREEK COVE, PH I LOT 1A 00 �� N O ABANDONED EASEMENT MILL CREEK COVE, PH III LOT 2 20 I NORTH 1+1- QUARTER CORNER SECTION 7, T26S, R22E, SLB&M GRAPHIC SCALE 0 10 20 Surveyor's Certificat I, Lucas Blake, certify that I am a Professional Land Surveyor a prescribed under the laws of the state of Utah and that I hold license no. 7540504. I further certify that a and survey was made of the property described below, and have subdivided said tract of land into lots:and streets hereafter to be known as PEACHES SUBDIVISION, AMENDED II - REPLAT OF LOTS 2A AND 2B and that same has been correctly surveyed and staked on the gr )und as shown on this plat. Boundary Descriptio Lot 2A and Lot 2B of Peaches Subdivision, Amended, Section 7, wnship 26 South, Range 22 East, Salt Lake Base and Meridian, Moab City, Grand County, Utah, more particularly described as follows: Beginning at the Northwest corner of Lot 2A of Peaches Subdivision, Amended, said corner being South 02°31'24" East 442.93 feet from the Northwest corner of Sectio 7, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence East 120.00 feet; ttlence South 100.50 feet; thence West 120.00 feet; thence North 100.50 feet to the point of beginning. Contains 12,060 sq. ft. OR 0.28 acres and 4 Lots Date Lucas Blake License No. 7540504 OWNER'S DEDICATION Know all men by these presents that , the and rsigned owner( ) of the above described tract of land having caused same to be subdivided into lots and streets to be hereafter known as the PEACHES SUBDIVISION, AMENDED II - REPLAT OF LOTS 2A AND 2B do hereby dedicate for perpetual use of the public all parcels of land shown on this plat as intended for public use. In witness whereof have hereunto set A.D., 2016. ON THE DAY OF th s day of ACKNOWLEDGMENT , 2015 PERS UNDERSIGNED NOTARY PUBLIC, IN AND FOR SAID COUNTY OF SIGNER( ) OF THE ABOVE OWNER'S DEDICATION, IN NU )NALLY APPEARED BEFORE ME, THE IN SAID STATE OF UTAH, THE MBER, WHO DULY ACKNOWLEDGED TO ME THAT THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. MY COMMISSION EXPIRES NOTARY PUBLIC RESIDING IN 40 1" (INCH) = 20' (FEET) NOTE: The easement is dedicated as a private ingress/egress right-o Peaches Subdivision, Amended II. Lot owners of the subdivisi maintenance/repair to the easement FEB 16 2015 -way for the use and benefit of the lot owners of the �n shall be equally responsible for all common costs of CITY ENGINEERS APPROVAL APPROVED BY THE MOAB CITY ENGINEER THIS DAY OF 2016. CITY COUNCIL APPROVAL PRESENTED TO THE MOAB CITY COUNCIL THIS DAY OF SUBDIVISION APPROVED. CLERK , 2016. CHAIRMAN, MOAB CITY COUNCIL COUNTY RECORDER NO. STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF DATE B PAGE FEE UNTY RECORDER Page 28 of 103 Peaches Subdivision 0 5 10 20 30 1 inch = 10 feet 40 Feet " " " 7.6.- 7 " 7 mr " ." " - " " -" '" : " " r " :;" -" Fr_ '2-;" " " , " " " " " 91PX " - " " " " _- :" " " " " 4 : " -" . 9-rj r " - - " ..n " " �% " " " " " 111!..- i- " " :07 " 'err " I As. " - " . " " " " " " " " . . ." . _ " : " " " .. 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A" " " " A " j T' " 9: 11 . " "  " MOAB CITY COUNCIL MEETING April 12/ 2016 PL-Ifi-50 Agenda item #: 7-2 Title: Adoption of Council Resolution #10-2016 Approving a Petition for a Two -Lot Minor Subdivision of a .53-Acre Lot Located in the R-2 Zone and Accepting Right -of -Way to Correct an Encroachment of Constructed City Sidewalk on Private Property Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: - Naomi Helquist Background/Summary: On October 9, 2015, the city received an application for a minor subdivision to divide a.53-acre lot into two lots of .27 acre and .26 acre lots. The property is located at 497 Mill Creek Drive in the R-2, Single -and Two-family Residential Zone. The proposal includes a dedication of right-of-way that will be granted to the city to resolve an encroachment of the city constructed sidewalk adjacent to the curb along Mill Creek Drive. The areas of both lots exceed the minimum lot size of 5,000 square feet for the R-2 Zone (11,392 square feet and 11,979 square feet, respectively). State law allows a dedication and acceptance of right-of-way through the recording of a subdivision plat. The request complies with State Code Chapter 10-9a-608(2) and the statute allows a subdivision plat to be amended by the Land Use Authority (Council) without a public hearing if: (a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (A) owned by the petitioner; or (B) designated as a common area; and (vi) The plat is approved by the Moab City Council; (vii) An amended plat showing the vacation, alteration, or amendment is signed by the City Council and recorded in the office of the county recorder in which the land is located; and Agenda Page 31 of 103 (viii) The document having satisfied all of the above conditions is to be recorded at the Grand County Recorder's Office at 125 East Center Street, Moab, Utah, within ninety (90) days of approval by the Moab City Council. This requested minor subdivision meets the applicable requirements listed in state law and the dimensional requirements for the lot size found in Moab Municipal Code section 17.45, Single -Family and Two -Family Residential Zone. Options: Council may: 1. Approve the petition for the creation of the two lots as submitted; 2. Approve the petition for the creation of the two lots with conditions; 3. Table the petition if additional information is needed. Staff Recommendation: Staff recommends that this application, with the dedication of right-of-way, be approved by Council. It satisfies the requirements of Utah State Code and MMC. The dedication of right-of-way is necessary to cure the encroachment of the city sidewalk on private property. Recommended Motion: I move to adopt resolution #10-2016 and approve the two -lot Helquist Minor Subdivision with the condition that the right-of-way dedication be accepted by City Council. Attachment(s): Copies of: Proposed plat Aerial Signed Petition to Vacate, Alter, or Amend a Subdivision Plat Narrative Council Resolution #10-2016 Agenda Page 32 of 103 RESOLUTION # 10-2016 A RESOLUTION APPROVING A TWO -LOT MINOR SUBDIVISION FOR PROPERTY LOCATED IN THE R-2 ZONE AND OWNED BY NAOMI HELQUIST WHEREAS, Ms. Naomi Helquist at 497 Mill Creek Drive, Moab, Utah, as the "Owner" of a parcel of land consisting of .5365 acres (23,371 square feet) has applied for a two -lot minor subdivision of the property located in the R-2 (Single-family and Two-family) Residential Zone; and WHEREAS, the Owner submitted to the City of Moab the appropriate application and documents for review and approval of the proposed minor subdivision of said property into two lots; and WHEREAS, Lot 1 will consist of .26 acres or 11,392 square feet and Lot 2 will consist of .27 acres or 11,979 square feet; and WHEREAS, the proposed lot size exceeds the minimum lot size requirement for 5,000 square feet for the R-2 Zone as established in Moab Municipal Code Chapter 17.48.030 WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on April 12. 2016, reviewed the proposal for compliance with the Moab Municipal Code and State Code Chapter 10-9a- 608(2) that allows an amendment of a subdivision plat without a public hearing if: (a) the petition seeks to: i. join two or more of the petitioner fee owner's contiguous lots; ii. subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; iii. adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; iv. on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the owner..."; and WHEREAS, a dedication of right-of-way is being required by the City to cure an encroachment of sidewalk construction on private property adjacent to Mill creek Drive; and WHEREAS, a dedication of right-of-way is allowed by recording a plat showing the dedication as per UCA 10-9a-607; and WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical aspects of the pertinent code sections, Council hereby finds, that the code requirements have been met. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL THAT, the application for the two -lot Helquist Subdivision of property located at 497 Mill Creek Drive, and the dedication of the right-of- way widening is hereby approved. ADOPTED AND APPROVED by action of the Moab City Council in open session this 12th day of April, 2016. ATTEST: Rachel Stenta Moab City Recorder Dave Sakrison Mayor Agenda Page 33 of 103 FINAL PLAT OF Surveyor's Certificate Agenda WEST QUARTER CORNER SECTION 6, T26S, R22E, SLB&M SOUTHWEST CORNER SECTION 6, T26S, R22E, SLB&M E 300 S Locust Ln T CrP P Loveridge Ln VICINITY MAP (NOT TO SCALE) / / / LOT 5 / / / / / / CYCLING RESOURCES, INC. / 01-M BO-0055 ROBIN / / / / CO CO 0 HELQUIST SUBDIVISION A SUBDIVISION LOCATED IN SECTION 6, TOWNSHIP 26 SOUTH, RANGE 22 EAST, SALT LAKE BASE AND MERIDIAN NEST SUBDIVISION POINT OF BEGINNING LOT 1 11,392 sq. ft. 0.26 acres R=1157.85' L=70.24' D=3°28'32" CH=N57°22'12"W CH L=70.23' R=1157.85' L=82.4' D=4°04'42" CH=N57°40'17"W CH L=82.40' N LOT 4 S 87°30'35" E 1.60' R=1157.85' L=12.18' D=0°36' 10" CH=N59°24'33"W CH L=12.18' Note: 10' easement extended from lot 2 to lot 1 for access to rear portion of lot 1. Public Right-of-way Dedication Beginning at a point North 75°10'17" West 29.79 feet from the southeast corner of Lot 2, Helquist Subdivision, and running thence North 75°10'17" West 33.21 feet; thence 21.04 feet along a 1157.85 foot radius curve to the right with a central angle of 1°02'28" (chord bears North 59°11'23" West 21.04 feet); thence 53.76 feet along a 935.00 foot radius curve to the left with a central angle of 3°17'39" (chord bears South 68°59'02" East 53.75 feet) to the point of beginning. Mlk4 LOT 2 11,979 sq. ft. 0.27 acres HOUSE PUBLIC RIGHT-OF-WAY DEDICA 33.21' LEGEND 0 co cyi LO O O CD S ION O Property Corner Section corner Monument Existing fence line V) Curve Table Curve # Radius Length Delta Chord Ch. length C1 1157.85' 21.04' 1°02'28" S 59°11'23" E 21.04' C2 935.00' 53.76' 3°17'39" S 68°59'02" E 53.75' LOT 1 -------------------- -------------- -------------------- GRAPHIC SCALE 20 0 10 20 40 1" (INCH) = 20' (FEET) I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the state of Utah and that I hold license no. 7540504. I further certify that a land survey was made of the property described below, and have subdivided said tract of land into lots and streets hereafter to be known as HELQUIST SUBDIVISION and that same has been correctly surveyed and staked on the ground as shown on this plat. Boundary Description Beginning at the southwest corner of Lot 4, Robins Nest Subdivision, said corner bears North 42°20'42" East 951.50 feet from the Southwest corner of Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence North 89°07'00" East 125.11 feet along an existing fence and south line of said Lot 4 to the southeast corner of said Lot 4; thence South 00°37'43" West 59.60 feet along the west line of Lot 1, Loveridge Subdivision to the southwest corner of said Lot 1; thence South 01°18'43" West 146.00 feet to the north right of way line of Mill Creek Drive; thence North 75°10'17" West 63.00 feet along said right of way line to a point of curvature; thence 82.4 feet along a 1157.85 foot radius curve to the right with a central angle of 4°04'42" (chord bears North 57°40'17" West 82.40 feet) along said right of way line; thence North 3°45'43" East 143.75 feet to the point of beginning. Contains 23,371 sq. ft. OR 0.53 acres and 2 Lots Date Lucas Blake License No. 7540504 OWNER'S DEDICATION Know all men by these presents that , the undersigned owner( ) of the above described tract of land having caused same to be subdivided into lots and streets to be hereafter known as the HELQUIST SUBDIVISION do hereby dedicate for perpetual use of the public all parcels of land shown on this plat as intended for public use. In witness whereof have hereunto set this day of A.D., 2015. ON THE DAY OF ACKNOWLEDGMENT , 2015 PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR SAID COUNTY OF SIGNER( ) OF THE ABOVE OWNER'S DEDICATION, IN SAID STATE OF UTAH, THE IN NUMBER, WHO DULY ACKNOWLEDGED TO ME THAT THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. MY COMMISSION EXPIRES NOTARY PUBLIC RESIDING IN LOCATED IN THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 26 SOUTH, RANGE 22 EAST SALT LAKE BASE AND MERIDIAN 497 MILL CREEK DRIVE RED DESE Land Surveying 4290 Zimmerman Lane Moab, UT 84532 435.260.0104 Project Sheet Date 067-15 3/23/16 1 OF 1 CITY ENGINEERS APPROVAL APPROVED BY THE MOAB CITY ENGINEER THIS DAY OF , 2015. CITY COUNCIL APPROVAL PRESENTED TO THE MOAB CITY COUNCIL THIS DAY OF , 2015. SUBDIVISION APPROVED. COUNTY RECORDER NO. STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF DATE BOOK PAGE FEE Page 34 of 103 CLERK CHAIRMAN, MOAB CITY COUNCIL COUNTY RECORDER z N U oLL c0 O 1 inch = 40 feet Page 35 of 103 CMrY ply, OAB MOAB CITY COUNCIL I April 12, 2016 Agenda item PL-16-40 Title: Second Reading to Consider Ordinance #2o16-oi, an Application for a Code Text Amendment to Moab Municipal Code Sections 17.45.o6o, R-2, One -family and Two-family Residential Zone, and 17.15.050, Residential Area Regulations Reducing the Minimum Size of Dwellings in the R-2 Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: William Mattson Summary: The proposed text amendment would change the size of dwellings in the R-2 One -family and Two-family Zone in the Moab Municipal Code (MMC). Two code sections are affected, MMC 17.45.060, Special Conditions, and 17.15.050, Establishment of Zones. The application was submitted by Mr. William Mattson and proposes that the minimum size dwelling in the R-2 be reduced from five hundred (500) square feet to two -hundred and fifty (250) square feet. A public hearing before the Planning Commission was held on January 28, 2016. The Commission voted 4-0 to favorably recommend the ordinance to Council. The Commission felt that the smaller home size would provide a greater range of housing stock. Prior to the public hearing, there was some question raised about the smaller size of 250 square feet being a real cost savings from building a home that is 500 square feet in size. The minutes of the January 28, 2016, Planning Commission public hearing are attached for your convenience. There are several questions that Council should review: • Do we want to allow the installation of tiny houses for long-term occupancy, and if so, where in the community? • Do we want to accommodate only those tiny houses that meet our current building code or the federal manufactured home standards (HUD), or can we create exceptions for other tiny houses that can be made safe for long-term occupancy in other ways? • Do all tiny houses need to be installed on foundations and connected to utilities, or are there some areas where they would be allowed under other circumstances? • Are there areas in the city that they should be permitted as primary dwellings? • Are there areas in the city where they should not be permitted as a primary dwelling but would be acceptable as an accessory dwelling unit (ADU)? • What changes to our building code would be allowed under state law? • What amendments need to be made to our zoning ordinance, and subdivision regulations to achieve desired results? Agenda Page 36 of 103 Most zoning and subdivision standards are unprepared for tiny house development. Answers to the question above are not clear or obvious. There are some examples out there of how land -use controls can be developed or modified to accommodate new and creative housing forms and land development that may require a closer review. RV and manufactured home parks, subdivision, cohousing, and cottage standards can provide a wealth of content for the basis of tiny house regulations. The appropriate methods cannot be drafted until the answers are found to the questions above. On June 28, 2011, City Council adopted Resolution #12-2011 that approved a list of barriers to affordable housing. The list was generated through numerous public meetings and workshops that were held by the Planning Commission over a period of months in the early part of that year. Housing size is one of those barriers and the resolution is also included as an attachment for your review. Options: City Council can: 1. Adopt Ordinance #2016-01 as written; 2. Adopt Ordinance #2016-01 with changes; 3. Vote to not adopt Ordinance #2016-01 and state their reasons; 4. Table the action on the ordinance until a later date and request additional information Staff Recommendation: Staff recommends that Ordinance #2016-01 not be approved without additional consideration of the appropriateness of tiny homes on a single lot in the R-2 Zone and a broad review of all zones for these structures. Recommended Motion: I move to not adopt Ordinance #2016-01 and request that the planning department conduct a detailed review of existing development options from other jurisdictions. Attachment(s): Ordinance #2o16-oi Resolution #12-2o11 Planning Commission minutes from January 28, 2016 Planning Resolution #so-2oog Recommending Adoption of the Housing Plan as an addendum to the General Plan Addendum Additional research about tiny homes was conducted by staff for a presentation to Council. Staff found that the basic Idea behind the first homes was to develop a community of tiny houses (mini -cottages) grouped around a large communal structure, which includes space to have shared meals, shows, and workshops. The community aspect is a big part of the attraction for tiny house enthusiasts. Main users are not followers who want a model for the eco-conscious and design -inclined to pursue radical downsizing. Rather tiny homes increasingly represent an opportunity for homeless, mentally ill, and otherwise disenfranchised persons to get a toehold on upward mobility. Agenda Page 37 of 103 The majority are built on wheels and typically not on permanent foundations. Building and zoning codes have minimum size requirements for permanent dwellings and tiny dwellers try to skirt these when building their houses using a trailer base as a foundation. If the home is under 400 square feet, it can be easily hauled down the road. An additional issue is that local zoning regulations prevent parking tiny houses wherever they want to. So an option that is suggested by some of the websites and bloggers is to tow the home onto the properties of understanding owners who appreciate the small size mobile homes, or pay rent to a trailer park. In practice, the former is the preferred option. But clusters of little huts are beginning to show around the U.S. Some local jurisdictions have repealed the minimum housing size to allow the construction of tiny homes. The list is not exhaustive but includes: Walsenburg, CO Canyon County, ID Sarasota County, FL Union Mills, NC Newfield, NY Pulaksi County, KY Philadelphia, PA Spur, TX However, local building codes must still be met, and there may be minimum size restrictions imposed by a Homeowners Association (HOA) if the lot is in a development. In some instances, tiny houses on wheels are welcome within city limits (eg. Spur, Tx) if the wheels are removed and the house is tied down. If outside city limits, tiny houses may keep their wheels. The following jurisdictions allow living in a tiny house on wheels either in a backyard or on your own land: • Several counties in California allow a tiny house on wheels in a backyard as a caregiver cottage. • Fresno, CA allows a tiny house on wheels in a backyard without requiring it to be a caregiver cottage. • Kentucky: Pulaksi County, KY allows a tiny house on your own land. • Maine: North Yarmouth, Maine allows a tiny house on your own land. • Massachusetts: Nantucket approved tiny houses on wheels on private property. Tiny houses must conform to building code, except that they may be on trailers. • Texas: As mentioned, Dickens County (Spur, TX) allows tiny houses on wheels on their own land. The movement is growing. Chicago recently held a tiny home competition for the homeless. New communities are opening in Washington, California, Texas, and other states. The current national trend is to cluster the tiny cottages around communal buildings. In some cases, the homes are constructed for as little as $2800.00 but have a simple sink without a bathroom. The bathing and washing facilities are located in a central structure provided for the residents. Agenda Page 38 of 103 Tiny House RV parks are also becoming more popular for those who have nomadic hearts. Cons Pros They are Tiny They are Tiny They lack privacy They are cheap Vulnerable in severe weather They are easy to clean (inside and out They use small appliances They encourage an active lifestyle They are eco-friendly Agenda Page 39 of 103 ORDINANCE #2016-01 AN ORDINANCE TO AMEND CHAPTER 17.45.060, SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONE AND 17.15.050, RESIDENTIAL AREA REGULATIONS, OF THE MOAB MUNICIPAL CODE REFERENCING THE SIZE OF RESIDENTIAL SINGLE-FAMILY USES WHEREAS, the City of Moab ("City") adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and WHEREAS, the City received an application for a Code text amendment from Mr. William Mattson of William Mattson and Associates, with offices at 100 East Gregory Avenue, Telluride, Colorado 81435, as owner of record of a parcel located in the R-2, Single-family and Two-family Residential Zone that requests a reduction to the minimum square footage of residential uses in the R-2 Zone; and WHEREAS, the area of a single-family dwelling in the R-2 is currently five hundred (500) square feet, Mr. Mattson is asking that Council reduce the area to two -hundred and fifty (250) square feet as shown below; and WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on January 28, 2016, to hear and decide the merits of said amendment; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff favorably recommends to Council that the suggested amendment be adopted; and, WHEREAS, Council desires to encourage affordable housing in our community for all residents regardless of physical or mental health, race, or socio-economic level; and WHEREAS, Council desires to encourage a compact, more sustainable type of development to reduce sprawl, inefficient use of utilities, and reduced maintenance costs for housing. NOW, THEREFORE, Council hereby declares and ordains that the following changes are adopted and the specified code chapter and sections are amended as noted below: 17.15.050 Residential Area Regulations summary, paragraph (a), table of Residential Area Regulations; the minimum Single Family Dwelling Minimum Ground Floor Area that is 500 square feet will be amended to read 250 square feet. Agenda Page 40 of 103 (a) Schedule of Residential Area Regulations. The following residential area regulations schedule summarizes the regulations of this code with regard to minimum lot size, minimum yards, maximum lot coverage, minimum floor area per dwelling unit, and maximum building height of residential uses in the various zoning districts. The standards shown in the following schedule may be modified by additional provisions contained in this section or in the individual district regulations. In the event of any conflict between the text of this section and the schedule of residential area regulations, the text shall control. Residential Area Regulations Development Standard R-1 R-2 R-3 R-4 RA-1 Single-family Dwelling Minimum Lot Area/unit (sq ft) 10,000 5,000 5,000 5,000 43,560 Minimum Front Yard (ft) 25 p) 15 15 15 25 0) Minimum Side Yard, first side (ft) 10 oio 7 7 7 10 Minimum Side yard, second side (ft) 14 7 7 7 14 Minimum Side Yard, Corner 20 15 12 12 25 Minimum Rear Yard Inter. (ft) 15 12 12 10 25 Minimum Rear Yard Corner (ft) 25 (ii) 15 15 12 20 Max Net Lot Coverage (%)* - 60* 60* 60* - . See footnotes (vi) and (vii) Max. Height (ft) 40 30 30 30 40 Min. Lot Width (ft) 90 50 50 50 125 Minimum Ground Floor Area/Structure (sq ft) 1,200 250 500 500 1,000 AND, Section 17.45.060, Special provisions, paragraph B shall be amended to read: B. The ground floor area of all dwellings shall be at least two -hundred and fifty square feet. 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 th day of , 2016. SIGNED: Agenda Page 41 of 103 David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Agenda Page 42 of 103 MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: JANUARY 28, 2016 :: Members Present: Members Absent: City Staff: Jeanette Kopell, Allison Brown, Joe Downard, Wayne Hoskisson Laura Uhle Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson, City Engineer Phillip Bowman Public Members: 8 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Planning Commission Chair Jeanette Kopell called the meeting to order at 7:01 pm. Planning Commission Workshop — 6:30 A Planning Commission workshop was not held prior to the meeting. 1. Citizens to be Heard There were no citizens to be heard. 2. Action Item Approval of Minutes: January 14, 2016 Commissioner Downard moved to approve the minutes of January 14, 2016. Commissioner Brown seconded the motion. The motion carried 4-0 aye. 3. Action Item — Planning Resolution 02-2016 A Resolution Recommending Approval of a Conditional Use Permit for the Relocation of a Daycare Business Located on the McElhaney Property at 100 Arches Drive in the R-2 Zone Commissioner Brown moved to approve the resolution with the conditional that the daycare cannot operate if the bed and breakfast conditional use permit becomes operational. Commissioner Downard seconded the motion. The motion failed 2-2 with Commissioners Hoskisson and Kopell voting nay. Commissioner Hoskisson moved to table the resolution until the next meeting pending the decision by City Council to appeal the court ruling on the bed and breakfast conditional use permit. Commissioner Brown seconded the motion. The motion carried 3-1 aye with Commissioner Downard voting nay. 4. Public Hearing — Proposed Ordinance 2016-01 An Ordinance to Amend Chapter 17.45.060, Single -Family and Two -Family Residential Zone and 17.15.050, Residential Area Regulations, of the Moab Municipal Code Referencing the Size of Residential Single -Family Uses Planning Director Reinhart gave a brief presentation on the proposed ordinance. c---; ion Chair Kopell opened the public hear1'rig at43 o3f 1 m. Agenda P�tje 0 Moab City Planning Commission, Minutes Page 1 of 2 Meeting, January 28, 2016 Joe Kingsley spoke in favor of the code changes. He stated he has been working on a potential tiny home project. Mr. Kingsley respectfully disagreed with Commissioner Kopell and believes tiny homes are not a fad but a longterm trend. He stated he sees a lot of people downsizing and supports the ordinance moving forward. He believes the day of the suburb and big houses is over and more people prefer to walk or bike to work because of the cost of transportation. Applicant William Mattson stated the small home concept provides entry level housing for single persons. He believes it is easier to add on to a small home than start off with more than they can handle. Mr. Mattson stated it was thinking more intelligently by not starting with more than one can afford. He stated that Telluride has been taken over by the rich and an infill process and smaller home process is worthy of consideration. Mr. Mattson explained that he installed a well and irrigation system and has used the property for small-scale market gardening. He stated he needs a place to shower and sleep. He believed that he should not be forced to build something large. Commissioner Kopell closed the public hearing at 7:44 pm. Commissioner Downard moved to send proposed Ordinance 2016-01 to the City Council with a favorable recommendation. Commissioner Brown seconded a motion. The motion carried 4-0 aye. 5. Future Agenda Items Commissioners held a brief discussion regarding future agenda items. Adjournment Planning Commission Chair Kopell adjourned the meeting at 8:12 pm. Agenda Page 44 of 103 Moab City Planning Commission, Minutes Page 2 of 2 Meeting, January 28, 2016 Agenda Page 45 of 103 CITY COUNCIL RESOLUTION #15-2009 A Resolution Approving an Amendment to the City of Moab General Plan by the Adoption of the Housing Study and Affordable Housing Plan WHEREAS, the economic health of Moab and Grand County and the economic well-being of its citizens are directly linked and the affordability of housing directly affects every other aspect of household economics as well as the economics of the community as a whole; and, WHEREAS, housing prices have increased at a faster rate than wages, decreasing the relative affordability of the housing market; and, WHEREAS, employee -recruitment and employee -retention efforts are challenged by high housing costs; and, WHEREAS, low and median income workers find themselves priced out of single family homes, and many are unable to find lower priced rental units in good condition; and, WHEREAS, in 1996, the Utah legislature passed a law that requires all communities to adopt an affordable housing plan that addresses the current need for affordable housing, as well as needs looking at least five years into the future; and, WHEREAS, given the changes in the community since the City of Moab and Grand County first adopted their plans, engaging in a process to adopt a new, community -wide plan has become even more important; and, WHEREAS, in 2006, Grand County, the City of Moab and the Housing Authority of Southeastern Utah decided that they would work together to create a housing study and communitywide affordable housing plan that would address the unique and challenging housing needs of the community; and, WHEREAS, an Inter -local Housing Task Force, composed of representatives from the City, the County and the Housing Authority, was created to study the issue and establish a Five Year Plan as well as goals and objectives; and, WHEREAS, Rural Community Assistance Corporation (RCAC) was retained as consultant to coordinate and facilitate a series of public workshops with community employers, government officials, housing user groups, contractors, representatives from financial institutions, and interested community members in an effort to gather anecdotal information regarding the housing problem in the community and gauge the community's perceptions regarding appropriate solutions; and, WHEREAS, through these efforts and analysis performed by the Interlocal Housing Task Force, the Interlocal Housing Task Force and RCAC were able to produce an Affordable Housing Needs Assessment in February, 2008. WHEREAS, On November 12, 2008, the Interlocal Housing Task Force held two public workshops at which the draft report and plan were reported to the public and received public input; and, WHEREAS, the Task Force reviewed and revised the plan based on the public input and other considerations; and, Agenda Page 46 of 103 WHEREAS, the City of Moab Planning Commission (Commission) in accordance with UCA 10-9a-204 held a duly advertised public hearing on September 10, 2009, to accept public input for or against the proposed amendment; and, WHEREAS, on September 24, 2009, the City Planning Commission determined that the amendment was in the best interests of the citizens of the City and the larger community of Grand County and adopted Planning Resolution No. 10-2009 that recommends that the Moab City Council (Council) approve the amendment to the General Plan; and, WHEREAS, Council reviewed the accumulated public comment and staff recommendations in a public meeting held on October 13, 2009, to evaluate the merits of the change to the General Plan; and, WHEREAS, Council understands the value to the community of attainable, affordable housing for all income levels, and with the adoption of Council Resolution 15-2009 has chosen to amend the City of Moab General Plan by the incorporation of the Housing Plan into Section 5, Housing. NOW THEREFORE, BE IT RESOLVED by the Moab City Council that the Moab General Plan, Section 5, Housing, is hereby repealed and is amended with the following language to read: II. AFFORDABLE HOUSING Goal: To provide or make available affordable housing for all Moab residents. The Grand County and City of Moab Housing Study and Affordable Housing Plan (Housing Plan or Plan) was developed in an effort to address the community -wide issue of affordable housing needs for low to moderate income families and individuals. The Housing Plan, completed in 2009 and based on a 2008 housing needs assessment conducted by Rural Community Assistance Corporation (RCAC) in conjunction with the Inter -local Housing Task Force, is hereby incorporated into the Moab General Plan as an addendum by reference and as if printed here in its entirety. The following goals and objectives and the 5-year Plan are excerpted from the Housing Plan and provide a comprehensive listing of the options that may be pursued in an effort to implement the Plan. XIII. AFFORDABLE HOUSING 5-YEAR GOALS AND OBJECTIVES Goals: 1. To achieve and protect secure, affordable, decent housing opportunities for Moab/Grand County residents. 2. To achieve adequate owned and rental housing opportunities to allow the community to recruit and retain a workforce with the skills and credentials needed by community employers. 3. To achieve creation and retention of housing stock affordable to very low, low, moderate, and moderate to 120 percent of Area Median Income (AMI) households. 4. To assess on a continuing basis the gaps among housing stock, housing needs, and what households can afford in order to revise the objectives of the Affordable Housing Plan. 5. To establish and participate in programs and efforts to reduce household operating, rehabilitation and construction costs across the economic spectrum. Agenda Page 47 of 103 Objectives: 1. Through public and private partnerships, provide 8 units of transitional housing for Moab's homeless, within the next five years, of the total 16 needed within the next 10 years. 2. Through public and private partnerships, provide 55 units of new or rehabilitated rental housing affordable to very low income households, within the next five years, of the total 139 currently needed. 3. Through public and private partnerships, provide 22 units of new or rehabilitated housing affordable to low income households; 10 for purchase and 12 for rental, within the next five years, of the total 55 currently needed. 4. Through public and private partnerships, provide 124 units of new or rehabilitated housing affordable to moderate income households; 114 for purchase and 10 for rental, within the next five years, of the total 313 units currently needed. 5. Promote and establish energy efficiency and other programs, policies and regulations to lower the cost of constructing, rehabilitating and maintaining homes affordable to all households earning 120 percent of AMI or less. 6. Analyze the housing needs of moderate to 120 percent income households and develop an objective to address the needs of this income group. 7. Coordinate with and involve multiple community and outside agencies in developing affordable housing solutions. XIV. AFFORDABLE HOUSING 5-YEAR ACTION PLAN ATL - Association for the Tree of Life CDBG - Community Development Block Grant CHDO - Community Housing Development Organization GWSSA - Grand Water and Sewer Service Agency HASU- Housing Authority of Southeastern Utah HUD - Housing and Urban Development (Department of) OWHLF — Olene Walker Housing Loan Fund N/A - Not Applicable PLCT — Powerhouse Lane Community Land Trust RCAC - Rural Community Assistance Corporation RETA - Real Estate Transfer Assessment SEUALG - South East Utah Association of Local Governments TBD - To Be Determined USDA - United States Department of Agriculture ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS 1. 501c(3) COMMUNITY LAND TRUST a. Create / finalize land trust Housing Task Force, HASU PLCT N/A Year 0-1 In progress Agenda Page 48 of 103 b. Create land trust board HASU, PLCT Housing Task Force N/A Year 0-1 c. Develop board policies Land Trust Board Housing Task Force N/A Year 0-1 d. Solicit resources Land Trust Board HASU, PLCT CDBG, OWHLF Year 1-5 e. Develop partnerships with local governments, private landowners, and businesses Land Trust Board HASU, PLCT, City, County, Private Land Owners, Developers, USDA funds Year 1-5 etc. 2. 501 c(3) COM. HOUSING DEV. ORGANIZATION (CHDO) a. Finalize CHDO HASU, Housing Task Force RCAC N/A Year 0-1 In progress b. Create CHDO board pursuant to Federal Regulations HASU, Housing Task Force Community N/A Year 0-1 c. Develop board policies CHDO Board Community N/A Year 0-1 d. Solicit resources HASU, CHDO Board Workforce Housing Initiative CDBG, OWHLF, Pamela Atkins Trust Fund Year 1-5 ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS e. Develop partnerships with local governments HASU, CHDO Board City, County Foundations, Donations Year 1-5 f. Coordinate with other CHDOs HASU, CHDO Board Workforce Housing Initiative USDA funds Year 0-5 In progress 3. DEED RESTRICTION GUIDELINES a. Coordinate guidelines between the City and County City, County Housing Task Force N/A Year 0-1 b. Determine target population(s) Housing Task Force City, County N/A Year 0-1 c. Create mechanism for administering deed restrictions City, County HASU, Housing Task Force N/A Year 0-1 4. AFFORDABLE HOUSING STOCK PRESERVATION a. Promote mobile home rental to ownership HASU, Land Trust Housing Task Force, USDA, RCAC, OWHLF TBD Year 2-5 b. Replace dilapidated units using Smart Growth concepts HASU, Private Private, Chamber of Commerce, Employers, Community Rebuilds TBD Year 2-5 c. Investigate temporary housing alternatives Housing Task Force Private property owners, City, County, HASU, Utah Workforce Housing Initiative, CHDO, USDA, RCAC, OWHLF, Community Rebuilds TBD Year 0-2 In progress d. Investigate incentives to rehabilitate deteriorated units Housing Task Force, SEUALG Weatherization program, Community Rebuilds Rural Development USDA, HUD, State, SEUALG Year 0-1 Agenda Page 49 of 103 e. Provide tax abatement on residential rehabilitation and replacement for low income families County County Assessor, Clerk and Treasurer County Year 0-1 f. Inventory existing subsidized units and chart financing/flip cycle County, City County Assessor, Clerk and Treasurer N/A Year 0-1 g. Evaluate all proposed zoning changes for their effect on existing affordable housing County, City Housing Task Force N/A Year 0-5 5. LAND USE CODE CHANGES TO ENCOURAGE AFFORDABLE HOUSING a. Develop mixed -use ordinance City, County City and County Planning, Builders' Alliance, Community Input, Smart Growth Organizations N/A Year 1-2 b. Research and review transfer of development rights concept City, County City and County Planning, Community Input N/A Year 1-2 c. Refine and/or consider affordable housing overlay zone City, County City and County Planning, Builders' Alliance, Community Input N/A Year 0-2 d. Allow for additional incentives City, County City and County Planning, Community Input N/A Year 1-2 ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS e. Review City and County Land Use Codes to identify and document barriers to affordable housing and engage in public process to mitigate or remove those barriers. City, County City and County Planning, Community Input N/A Year 0-1 Initial Review Complete f. Develop acceptable guidelines and locations for increased density and decreased requirements for affordable housing projects City, County City and County Planning, Housing Authority, CHDO, Community Input N/A Year 0-1 g. Allow for infill development City, County City and County Planning, Community Input, Smart Growth Organizations N/A Year 0-1 6. BUILDING CONSTRUCTION & DESIGN PRACTICES a. Encourage walkability for new housing and community projects City, County, HASU City and County Planning, Builders Alliance, Trail Mix, RETA fund RETA Year 0-1 b. Implement green building standards and incentives City, County, HASU City and County Planning, Builders Alliance, Canyonlands Sustainable Solutions, Local Green Builders, Mulberry Grove State, Federal, Utilities Year 2-3 7. AFFORDABLE HOUSING COMPONENT INCLUDED IN NEW DEVELOPMENT a. Investigate linkage fees City, County Builders Alliance, Chamber of Commerce N/A Year 1-2 b. Refine/develop new affordable housing overlay zone City, County City and County Planning, Community Input N/A Year 0-2 c. Investigate new mixed use and residential development provision of affordable housing (inclusionary zoning) City, County Chamber of Commerce, County and City Planning, Builders' Alliance Private Year 1-2 8. DEVELOPMENT COSTS REDUCTION Agenda Page 50 of 103 a. Implement guidelines for impact fee deferrals and/or subsidies City, County, Special Service Districts County Building Department, Special Service Districts, Builders' Alliance RETA, Other Year 0-2 b. Offer affordable housing development subsidies City, County Workforce Housing Initiative, CHDOs, Land Trust RETA, Other Year 2-5 9. EMPLOYER ASSISTED HOUSING PROGRAM a. Establish down payment funds City, County Public and Private Employers, Chamber of Commerce RETA, SEUALG Year 1-2 b. Investigate employer requirements and/or incentives for provision of affordable housing City, County Employers, Builders' Alliance, Chamber of Commerce Year 1-2 ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS 10. LOCAL AFFORDABLE HOUSING RESOURCES a. Implement mechanism for voluntary real transfer assessment agreements City, County Local Association of Realtors N/A Year 0-1 City Complete b. Investigate possibility of mandatory real estate transfer assessments on high value transactions. Housing Task Force N/A N/A Year 1-2 c. Establish affordable housing fund City, County HASU N/A Year 0-1 11. LAND RESOURCES a. Develop land bank City, County, HASU Housing Task Force, Land Trust, ATL City, County, HASU, Private donations, etc. Year 0-2 b. Purchase properties for affordable housing City, County, HASU Housing Task Force City, County, HASU, Private donations, etc. Year 0-5 c. Pursue land donations City, County, HASU Housing Task Force City, County, HASU, Private, etc. Year 0-5 d. Identify City and County underutilized land City, County Community Input, Private Property Owners N/A Year 0-1 12. DEVELOPMENT PROCESS STREAMLINING FOR AFFORDABLE HOUSING a. Develop priority processing for building permits for affordable housing projects City, County, developers City and County Planning, County Building Department, Developers, Builders' Alliance, Chamber of Commerce N/A Year 1-2 b. Review other jurisdictions' planning processes and implement appropriate changes City, County Housing Task Force N/A Year 0-1 c. Designate planning process facilitator and liaison City, County City and County Planning N/A Year 1-2 13. HOUSING TASK FORCE Agenda Page 51 of 103 a. Expand Housing Task Force HASU City, County, Community Members N/A Year 0-1 In progress b. Perform annual review of affordable housing supply and demand and revise gaps Housing Task Force City, County, Public, HASU N/A Year 1-5 c. Develop needs assessment for >80% AM and develop strategies to assist the income category Housing Task Force RCAC, Workforce Housing Initiative N/A Year 1-2 d. Develop and distribute a list of affordable housing tools and resources Housing Task Force City and County Planning Commissions N/A Year 0-1 List begun ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS e. Provide ongoing progress report on activities to public and decision makers Housing Task Force City, County, News Media Year 0-5 14. HOUSING COUNSELING a. Promote and facilitate housing / financial counseling programs offered by different entities Housing Task Force HASU, financial institutions Private, Grand San Juan Board of Realtors Year 1-2 b. Provide housing counseling HASU New Home Buyers, Realtors, Building Department HASU, Grand San Juan Board of Realtors Year 0-5 ongoing 15. PUBLIC EDUCATION CAMPAIGN a. Identify target audiences and tailor programs to meet particular needs Housing Task Force Homeless Coordinating Committee, City, County, Media N/A Year 0-5 b. Provide workshops / brochures for builders and developers Housing Task Force Chamber of Commerce, Builders' Alliance Financial Institutions, Neighbor -hood Reinvestment Year 1-3 c. Provide additional information to the public about policy changes City, County Housing Task Force, Media, Homeless Coordinating Committee N/A Year 0-5 Ongoing d. Provide interactive workshops and feedback opportunities City, County Housing Task Force, Homeless Coordinating Committee, Chamber of Commerce, Workforce Housing Initiative SEUALG, Neighbor- hood Reinvest - ment Year 0-5 Ongoing 16. PUBLIC / PRIVATE PARTNERSHIPS Agenda Page 52 of 103 a. Identify possible partners Housing Task Force TBD N/A Year 0-1 Ongoing b. Promote energy efficiency programs with private and public energy and resource providers City, County, utility providers Questar, Rocky Mountain Power, RCAC, Enterprise Groups, etc. Questar, Rocky Mountain Power, RCAC, Enterprise Groups, etc. Year 0-2 Ongoing ACTION STEPS LEAD AGENCY IMPLEMENTATION PARTNERS POSSIBLE FUNDING SOURCES TARGET DATE STATUS c. Promote real-estate transfer assessment agreements with developers City, County Private Land Owners, Developers N/A Year 0-5 Ongoing d. Promote low -interest loan programs for energy efficiency upgrades and rebuilds City, County, HASU, utility providers, financial institutions SEUALG SEUALG Year 1-5 e. Utilize RETA funds to assist with affordable housing developments City, County HASU, CHDOs, Workforce Housing Initiative RETA Year 0-5 f. Work with non-profit agencies and private developers to do mixed income developments City, County, HASU HASU, CHDOs, Workforce Housing Initiative, Chamber of Commerce Federal, State, Local Year 0-5 17. HOUSEHOLD MAINTENANCE a. Promote energy efficiency programs City, County, HASU, utility providers Questar, Rocky Mountain Power, RCAC, Enterprise Groups, etc. Questar, Rocky Mountain Power, RCAC, Enterprise Groups, etc. Year 0-5 Ongoing b. Implement culinary water conservation measures City, GWSSA N/A N/A Year 1-2 c. Provide public information about how to reduce household costs Housing Task Force City, County, Utility Providers Questar, Rocky Mountain Power, RCAC, Enterprise Groups, etc. Year 2-3 d. Promote low -interest loans and incentives for energy reducing improvements Housing Task Force HASU, City, County, Utility Providers TBD Year 2-3 18. HOMELESSNESS a. Work with Local Homeless Coordinating Committee to consider needs of the homeless Housing Task Force Local Homeless Coordinating Committee Year 0-5 Ongoing Agenda Page 53 of 103 Passed and adopted by action of the Governing Body of the City of Moab in open session this XXth day of October _, 2009. City of Moab Mayor David L. Sakrison Attest: Rachel Ellison City recorder p:\planning department\resolutions\council\res 15-2009 affordable housing.docx Agenda Page 54 of 103 CITY OF MOAB RESOLUTION #12-2011 A RESOLUTION ADOPTING A PRIORITIZED LIST OF REGULATORY BARRIERS TO AFFORDABLE HOUSING IDENTIFIED IN THE MOAB MUNICIPAL CODE AND REFERRED TO COUNCIL BY THE PLANNING AND ZONING COMMISSION WHEREAS, in 2009 the Grand County Council and Moab City Council recognized the growing need for affordable housing in both jurisdictions and unanimously adopted `The Grand County and Moab Affordable Housing Plan (`The Plan") as an addendum to the respective General Plans; and WHEREAS, as a result of the adoption of the Plan, the City of Moab Planning Commission (`The Commission") has been directed to review the land use and development titles of the Moab Municipal Code, specifically Titles 15, Buildings and Construction, 16, Subdivisions, and 17, Zoning, to identify regulatory barriers to affordable housing; and WHEREAS, in several duly advertised public meetings, the Commission discussed various regulations and determined that the listed development provisions, below, should be prioritized for the impact on the affordability of housing; and WHEREAS, the Commission held a duly advertised public workshop on May 19, 2011 to hear and consider testimony from residents about the identified barriers; and WHEREAS, in a duly advertised public meeting on June 23, 2011, the Commission accepted the prioritized list of barriers ("The List") and directed Staff to draft a resolution to the Moab City Council (`The Council") requesting acceptance of the List; and WHEREAS, with the adoption of Resolution No. 09-2011, the Commission determined that the issues described below have the greatest impact on development of affordable housing in the City of Moab: 1. Lot size 2. Lot width 3. Minimum home size 4. Secondary dwelling regulations 5. Density 6a. Densities in PUD 6b. Densities in MPD 7. Open space requirements for apartments 8. Excessive street widths 9. Setbacks 10. Height restrictions 11. Inflexible sidewalk standards 12. Lack of inclusionary zoning WHEREAS, the Moab City Council ['The Council'] reviewed the list of barriers in a public meeting held on June 28, 2011 and with the adoption of Resolution #12-2011, concur with the Planning Commission that the List will facilitate the generation of code amendments that will allow greater development of housing for all of Moab residents. Resolution #12-2011 Agenda Page 1 of 2 Page 55 of 103 NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that the List of Barriers to Affordable Housing is hereby Accepted by the Council, AND, the Council hereby directs the Commission to develop and propose legislation amending the Moab Municipal Code to provide housing for all economic levels. PASSED AND APPROVED in open Council by a majority.vote of theoverning Body of Moab City Council on June 28, 2011. fit SI N€❑ David L. Sakrison, Mayor ST: Rachel Ellison, City Recorder Resolution #12-2011 Agenda Page 2 of 2 Page 56 of 103 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 121 2016 / / Agenda Item #: 7-4 r 1 Title: Approval of Change Order #1 for the existing Task Order with Hansen, Allen & Luce, Inc., for the Storm Water Master Plan project with an increased fee amount not to exceed $11,355 Fiscal Impact: $11,355 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Consultant: Hansen, Allen & Luce, Inc. (HAL) Background/Summary: This Change Order is required to address the additional Scope of Work required for Task Order No. 380.04.100 with Hansen, Allen & Luce, Inc., that was approved by the City Council on September 22, 2015. The Storm Water Master Plan project was started in October 2015, and the consultant has completed a significant amount of work on the project. Based on discussions between the consultant and City staff, it has been determined that additional analysis is required to evaluate the historic and current drainage patterns along US-191 north of town. In addition, the consultant will develop a conceptual design and cost estimate for the storm sewer trunk line needed to convey runoff produced by Stewart Canyon in the area near Cermak Drive and US-191. This information will allow the City to work with the Utah Department of Transportation (UDOT) to identify costs associated with the storm sewer infrastructure that is needed on future US-191 highway widening project(s). Options: The Council may approve, approve with conditions, deny, or postpone the item. Staff Recommendation: Staff recommends approval of Change Order #1 for the existing Task Order for the Storm Water Master Plan project. Agenda Page 57 of 103 Recommended Motion: "I move to approve Change Order #1 for the existing Task Order with Hansen, Allen & Luce, Inc., for the Storm Water Master Plan project with an increased fee amount not to exceed $11,355." Attachments: Change Order #1 Form, with back up documentation Agenda Page 58 of 103 CITY OF MOAB CHANGE ORDER PROJECT: Storm Water Master Plan CHANGE ORDER #: 1 Task Order No. 380.04.100 DATE: April 12, 2016 TO (CONSULTANT): Hansen, Allen & Luce, Inc. OWNER: City of Moab Consultant: you are directed to make the following changes in the scope of work. All other terms and conditions of the Task Order not expressly modified hereby shall remain in full force and effect. Item (Bid) Description Quantity Unit Unit Cost Total Cost Change Order # 1 - Stewart Canyon Drainage 1 LS $11,355 $11,355 Total Change in Contract $11,355.00 JUSTIFICATION Scope of Work for Change Order # 1 outlined in letter dated March 9, 2016. This Change Order addresses drainage issues along US-191 related to Stewart Canyon. The Original Contract Sum was $ 75,000 Net Change by previous Change Orders $ 0 The Contract Sum prior to this Change Order was $ 75,000 The Contract Sum will be increased by this Change Order $ 11,355 The new Contract Sum including this Change Order will be $ 86,355 The Contract Time will be adjusted as follows - Substantial Completion Date N/A Final Completion Date N/A City of Moab Contractor David L. Sakrison, Mayor Attest: Rachel Stenta, City Recorder Agenda Page 59 of 103 HAnsEn num &LUCEnc ENGINEERS Phillip Bowman, P.E. City Engineer City of Moab 217 E. Center St. Moab, Utah 84532 Subject: City of Moab Storm Water Master Plan - Change Order Dear Phillip: SALT LAKE AREA OFFICE 6771 SOUTH 900 EAST MIDVALE, UTAH 84047 PHONE: (801) 566-5599 FAX: (801) 566-5581 www.hansenallenluce.com March 9, 2016 Hansen, Allen & Luce, Inc. (HAL) appreciates this opportunity to propose a change order to the City of Moab Storm Water Master Plan. During the course of analyzing the City's Storm Water Master Plan it was determined that the problem areas associated with Stewart Canyon to approximately 1090 North Main along US-191 should be analyzed in more detail. SCOPE OF WORK Task 1—Stewart Canyon/US-191 Storm Drain Conceptual Design Objective: ■ Determine storm drain design concept required to convey flows from Stewart Canyon using the feasibility study update (prepared in August 2015) as a starting point. Corresponding cost estimate and basis for cost sharing between the City of Moab and UDOT will also be developed. Statement of Work: ■ General coordination to define project objectives and receive feedback. ■ Research historical drainage of the study area. ■ Review design in feasibility study. ■ Model existing system to determine design flows. ■ Compare flows and hydrologic characteristics between model and the feasibility study. ■ Develop solutions with alternatives and model to determine efficacy. ■ Through coordination with the City, select preferred solution. ■ Develop cost estimates for preferred solution. ■ Develop basis for cost sharing between the City and UDOT, with associated proportions and justifications. ■ Prepare memorandum with accompanying figures. ■ Meet in Moab with City staff and UDOT representatives to discuss the findings of the study. ASSUMPTIONS The HAL Scope of Work and Engineering Fee have been developed and estimated assuming that the project will proceed in general conformance with HAL's Change Order. As part of this Scope of Work, the following assumptions were made. If circumstances arise which cause these assumptions not to be valid, a change in the Scope of Work and Change Order fee will be necessary: ENGINEERING EXCELLENCE SINCE 1 9 7 4 Agenda Page 60 of 103 Phillip Bowman March 9, 2016 Page 2 1. Planning will be at the conceptual level and will determine the general size, shape, slope and material of the storm drains in order to develop planning level costs. 2. Electronic copies of the memorandum will be provided to the City via email. 3. There will be one (1) meeting with City Staff and two HAL personnel in Moab. All other communication will be via phone, email, or video conferencing. COST ESTIMATE We propose completing the work on a time -and -materials basis with a not -to -exceed contract amount. The following table summarizes our cost estimate. Task Task Name Fee Estimate 1 Stewart Canyon/US-191 Storm Drain Conceptual Design $11,355 Total $11,355 We appreciate this opportunity and are prepared to begin work when the City is ready. We invite you to contact us if you have any questions about our proposal. Sincerely, HANSEN, ALLEN & LUCE, INC. U Agenda Page 61 of 103 HAL PROPOSAL SPREADSHEET CLIENT: MOAB CITY PROJECT: Storm Drainage Master Plan - Change Order #1 HA11SEll ALLEn & LUCE= ENGINEERS Pha Task Task Activity Hours Total HAL Expense Cost with Billing Principal Sr Prof I Prof I CAD Total Labor Cost Contingency COMMENT Period SCJ GLJ JGH MCP Hours Cost & Rate Inc. I Stewart Canyon/US-191 Storm Drain Conceptual Design 100 Coordinate with City to define project and receive 1 8 2 10 $1,224.80 $60.00 $1,413.28 feedback 101 Research historical drainage of study area 1 3 3 $297.60 $48.00 $380.16 102 Review feasibility study design 1 0.5 2 2.5 $262.55 $15.00 $305.31 103 Model existing system to determine design flows 1 4 4 $396.80 $24.00 $462.88 104 Compare hydrology and hydraulics with feasibility study 1 2 2 $198.40 $12.00 $231.44 105 Develop solutions with alternatives and model 1 4 4 $396.80 $24.00 $462.88 106 Select preferred solution 1 1 4 5 $525.10 $30.00 $610.61 107 Develop cost estimates for preferred solution 1 4 4 $396.80 $24.00 $462.88 108 Develop cost sharing estimates (City/UDOT) 1 4 8 12 $1,306.80 $72.00 $1,516.68 109 Prepare memorandum with accompanying figures 1 2 16 18 $1,843.80 $108.00 $2,146.98 110 Meet in Moab with City and UDOT to discuss findings 1 10 10 20 $2,275.00 $469.00 $3,018.40 199 Quality Control (QC) / Quality Assurance (QA) 1 1 1 2 $300.30 $12.00 $343.53 SUBTOTAL HOURS/UNITS: SUBTOTAL: TOTAL HOURS BY EMPLOYEE: 1 26.5 59 0 86.5 $172.00 $3,399.95 1 26.5 $5,852.80 $0.00 59 0 PHASE TASK Labor Direct Exp Subtotal SubTotal Costs Cost w/Contingency I Stewart Canyon/US-191 Storm Drain Conceptual Design $9,424.75 $898.00 $11,355.03 $11,355.03 TOTAL: $9,424.75 $898.00 $11,355.03 $11,355.03 Filename: H:\Projects\380 - Moab City \04.100 - storm water master plan\ENG\Project Control\ Change_OrdeNChange Order 1 Budget Spreadsheet.xlsmpata Entry - Straight Hours Includes historic aerial imagery purchase figure preparation, and conference call to Moab Conference call with Moab and associated figures Delivered via email as PDF Travel time and 1 hr prep time, 1 hr meeting $9,424.75 $898.00 $11,355.03 Subconsultant Cost Page 62 of 103 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 12/ 2016 I / Agenda Item #: 7-5 a ` MOAB i Title: Approval of Change Order #2 for the existing Task Order with Hansen, Allen L& Luce, Inc., for the Storm Water Master Plan project with an increased fee amount not to exceed $15,613 Fiscal Impact: $15,613 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Consultant: Hansen, Allen & Luce, Inc. (HAL) Background/Summary: This Change Order is required to address the additional Scope of Work required for Task Order No. 380.04.100 with Hansen, Allen & Luce, Inc., that was approved by the City Council on September 22, 2015. The Storm Water Master Plan project was started in October 2015, and the consultant has completed a significant amount of work on the project. Based on the storm drainage modeling completed to date, there have been two areas identified within the City that warrant additional analysis and design. The first area is located in the general proximity of 100 South and 100 East where localized street flooding is known to occur. The second area is along Walnut Lane where an existing storm sewer line was found to be undersized. With this analysis and conceptual design complete, City staff will be able to begin preliminary and final design for storm sewer improvements in these areas. Options: The Council may approve, approve with conditions, deny, or postpone the item. Staff Recommendation: Staff recommends approval of Change Order # 2 for the existing Task Order for the Storm Water Master Plan project. Recommended Motion: "I move to approve Change Order # 2 for the existing Task Order with Hansen, Allen & Luce, Inc., for the Storm Water Master Plan project with an increased fee amount not to exceed $15,613." Attachments: Change Order # 2 Form, with back up documentation 1 Agenda Page 63 of 103 CITY OF MOAB CHANGE ORDER PROJECT: Storm Water Master Plan CHANGE ORDER #: 2 Task Order No. 380.04.100 DATE: April 12, 2016 TO (CONSULTANT): Hansen, Allen & Luce, Inc. OWNER: City of Moab Consultant: you are directed to make the following changes in the scope of work. All other terms and conditions of the Task Order not expressly modified hereby shall remain in full force and effect. Item (Bid) Description Quantity Unit Unit Cost Total Cost Change Order # 2 - Detailed Analysis Areas 1 LS $15,613 $15,613 Total Change in Contract $15,613.00 JUSTIFICATION Scope of Work for Change Order # 1 outlined in letter dated March 9, 2016. This Change Order addresses drainage problem areas that were identified by the Master Plan in areas along 100 South and Walnut Lane. The consultant is going to perform additional analysis and conceptual design in these areas so the City can start to budget for future projects and improvements. The Original Contract Sum was $ 75,000 Net Change by previous Change Orders $ 11,355 The Contract Sum prior to this Change Order was $ 86,355 The Contract Sum will be increased by this Change Order $ 15,613 The new Contract Sum including this Change Order will be $ 101,968 The Contract Time will be adjusted as follows - Substantial Completion Date N/A Final Completion Date Additional Ninety (90) days City of Moab Contractor David L. Sakrison, Mayor Attest: Rachel Stenta, City Recorder Agenda Page 64 of 103 HAnsEn num &LUCEnc ENGINEERS Phillip Bowman, P.E. City Engineer City of Moab 217 E. Center St. Moab, Utah 84532 Subject: City of Moab Storm Water Master Plan - Change Order Dear Phillip: SALT LAKE AREA OFFICE 6771 SOUTH 900 EAST MIDVALE, UTAH 84047 PHONE: (801) 566-5599 FAX: (801) 566-5581 www.hansenallenluce.com March 9, 2016 Hansen, Allen & Luce, Inc. (HAL) appreciates this opportunity to propose a change order to the City of Moab Storm Water Master Plan. During the course of analyzing the City's Storm Water Master Plan it was determined that several problem areas required a more in depth analysis comparing solution alternatives. The two areas to be more closely analyzed as part of this change order are Walnut Lane and 100 South. It was determined that the two separate conceptual designs should be completed as a Change Order to the Storm Water Master Plan. SCOPE OF WORK Task 1—Walnut Lane Storm Drain Conceptual Design Objective: ■ Determine storm drain design concept required to convey flows along Walnut Lane using the Walnut Lane Hydrology Memorandum (prepared in May 2015) as a starting point. A corresponding cost estimate will also be developed. Statement of Work: ■ General coordination to define project objectives and receive feedback. ■ Review design in Walnut Lane Hydrology Memorandum. ■ Model existing system to determine design flows. ■ Compare flows and hydrologic characteristics between model and the Hydrology Memorandum. ■ Develop solutions with alternatives and model to determine efficacy. ■ Through coordination with the City, select preferred solution. ■ Develop cost estimates for preferred solution. ■ Prepare memorandum with figures. Task 2-100 South Storm Drain Conceptual Design Objective: ■ Determine storm drain design concept required develop solutions to drainage issues within the area around 100 South. A corresponding cost estimate will also be developed. ENGINEERING EXCELLENCE SINCE 1 9 7 4 Agenda Page 65 of 103 Phillip Bowman March 9, 2016 Page 2 Statement of Work: ■ General coordination to define project objectives and receive feedback. ■ Model existing system to determine design flows and deficiency locations (in coordination with City Staff). ■ Develop solutions with alternatives and model to determine efficacy. ■ Through coordination with the City, select preferred solution. ■ Develop cost estimates for preferred solution. ■ Prepare memorandum with accompanying figures. Task 3—Meeting and Public Outreach Objective: ■ Meet to present the completed Memoranda and findings to City Staff. Complete updates to the website to continue public outreach efforts. Statement of Work: ■ Deliver the Memoranda to City Staff and present the findings of the two studies. ■ Update the website to include master plan elements and findings from the studies completed as part of the change orders. ASSUMPTIONS The HAL Scope of Work and Engineering Fee have been developed and estimated assuming that the project will proceed in general conformance with HAL's Change Order. As part of this Scope of Work, the following assumptions were made. If circumstances arise which cause these assumptions not to be valid, a change in the Scope of Work and Change Order fee will be necessary: 1. Planning will be at the conceptual level and will determine the general size, shape, slope and material of the storm drains in order to develop planning level costs. 2. Electronic copies of each memorandum will be provided to the City via email. 3. There will be one (1) meeting with City Staff and two HAL personnel in Moab. This meeting will be combined with the meeting from Change Order #1, so no additional travel time or expense has been included with this change order. All other communication will be via phone, email, or video conferencing. COST ESTIMATE We propose completing the work on a time -and -materials basis with a not -to -exceed contract amount. The following table summarizes our cost estimate. Task Task Name Fee Estimate 1 Walnut Lane Storm Drain Conceptual Design $5,708 2 100 South Storm Drain Conceptual Design $5,839 3 Memoranda Delivery and Presentation $4,066 Total $15,613 Agenda Page 66 of 103 Phillip Bowman March 9, 2016 Page 3 We appreciate this opportunity and are prepared to begin work when the City is ready. We invite you to contact us if you have any questions about our proposal. Sincerely, HANSEN, ALLEN & LUCE, INC. wtis� Cord n L. Jones, PE/ Project Engineer Agenda Page 67 of 103 HAL PROPOSAL SPREADSHEET CLIENT: MOAB CITY PROJECT: Storm Drainage Master Plan - Change Order #2 HA11SEll ALLEn & LUCE= ENGINEERS Pha Task Task Activity Hours Total HAL Expense Cost with Billing Principal Sr Prof I Prof I Secretary Total Labor Cost Contingency COMMENT Period SCJ GLJ JGH MCP Hours Cost & Rate Inc. I Walnut Lane Storm Drain Conceptual Design 100 Coordinate with City to define project and receive 1 4 2 6 $711.60 $36.00 $822.36 feedback 101 Review design in Walnut Lane Hydrology Memorandum 1 0.5 1.5 2 $212.95 $42.00 $280.45 102 Model existing system to determine design flows 1 4 4 $396.80 $24.00 $462.88 103 Compare hydrology and hydraulics with past 1 1 1 $99.20 $6.00 $115.72 memorandum 104 Develop solutions with alternatives and model 1 4 4 $396.80 $24.00 $462.88 105 Select preferred solution 1 1 4 5 $525.10 $30.00 $610.61 106 Develop cost estimates for preferred solution 1 4 4 $396.80 $24.00 $462.88 107 Prepare memorandum with accompanying figures 1 2 16 18 $1,843.80 $108.00 $2,146.98 199 Quality Control (QC) / Quality Assurance (QA) 1 1 1 2 $300.30 $12.00 $343.53 SUBTOTAL HOURS/UNITS: 1 8.5 36.5 0 46 SUBTOTAL: 8172.00 $1,090.55 II 100 South Storm Drain Conceptual Design $3,620.80 $0.00 Includes historic aerial imagery purchase figure preparation, and conference call to Moab Delivered via email as PDF $4,883.35 $306.00 $5,708.29 Subconsultant Cost 200 Coordinate with City to define project and receive 1 4 8 $910.00 $48.00 $1,053.80 feedback 201 Model existing system to determine design flows and 1 4 $396.80 $24.00 $462.88 deficiency locaitons 202 Develop solutions with alternatives and model 1 6 $653.40 $36.00 $758.34 203 Select preferred solution 1 5 $525.10 $30.00 $610.61 204 Develop cost estimates for preferred solution 1 4 $396.80 $24.00 $462.88 205 Prepare memorandum with accompanying figures 1 2 18 $1,843.80 $108.00 $2,146.98 299 Quality Control (QC) / Quality Assurance (QA) 1 1 1 2 $300.30 $12.00 $343.53 SUBTOTAL HOURS/UNITS: 1 10 36 0 47 SUBTOTAL: $172.00 $1,283.00 $3,571.20 $0.00 $5,026.20 $282.00 $5,839.02 Subconsultant Cost Includes discussion with City Staff figure preparation, and conference call to Moab Delivered via email as PDF III Meeting and Public Outreach 300 Deliver and present memoranda to City Staff 1 301 Update website for public involvement component 1 399 Quality Control (QC) / Quality Assurance (QA) 1 SUBTOTAL HOURS/UNITS: SUBTOTAL: TOTAL HOURS BY EMPLOYEE: 1 1 12 18 1 4 14 18 4 $455.00 $24.00 $526.90 31 $2,719.10 $186.00 $3,195.61 2 $300.30 $12.00 $343.53 37 Travel included with CO #1, will meet about Walnut and 100 S following UDOT meeting Includes updates for MP and inclusion of elements from the three specific areas above $172.00 $513.20 $1,388.80 $1,400.40 $3,474.40 $222.00 $4,066.04 Subconsultant Cost 3 22.5 86.5 18 PHASE TASK Labor Direct Exp Subtotal SubTotal Costs Cost w/Contingency I Walnut Lane Storm Drain Conceptual Design $4,883.35 $306.00 $5,708.29 $5,708.29 II 100 South Storm Drain Conceptual Design $5,026.20 $282.00 $5,839.02 $5,839.02 III Meeting and Public Outreach $3,474.40 $222.00 $4,066.04 $4,066.04 TOTAL: $13,383.95 $810.00 $15,613.35 $15,613.35 Filename: H:\Projects\380 - Moab City \04: 00 - storm water master plan\ENG\Project Control\ Change_Order\[Change Order 2 Budget Spreadsheet.xlsmpata Entry - Straight Hours Page 68 of 103 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 12/ 2016 Agenda Item #: 7-6 Title: Second Reading and Approval of the Corridor Agreement — An Agreement between the Utah Department of Transportation (UDOT) and the City of Moab for access management and long-term planning on US-191, Milepost 112.0 to 123.4 Fiscal Impact: None Staff Presenter: Phillip M. Bowman, P.E., City Engineer Department: Engineering Background/Summary: The Utah Department of Transportation (UDOT) has prepared the US-191 Corridor Preservation Study (the Study) to evaluate current and future traffic capacity needs, analyze crash data and safety concerns, and provide for the long-term planning of projects through the study area. The Corridor Preservation Study examined approximately 11.4 miles of US-191, starting at milepost (MP) 112.0 near Bridger Jack Mesa Road in San Juan County and ending at MP 123.4 near Sage Drive in Grand County. As shown on the attached graphic, approximately 0.6 miles of the study area is contained within the incorporated limits of the City of Moab. The Study was completed with input from a Technical Advisory Committee (TAC) that was led by UDOT Region 4 and the project consultant, Parametrix. The Committee included representative of Grand County, San Juan County, City of Moab, School and Institutional Trust Lands Administration (SITLA), the Bureau of Land Management. The City of Moab was represented by the City Engineer and the Public Works Director. A Workshop was held with City Council on March 22, 2016, to review the results of the Study, and a First Reading of the Corridor Agreement was completed. With the completion of this Second Reading, the Corridor Agreement is ready for consideration by the City Council. Staff Recommendation: Staff recommends approval of the Corridor Agreement. Recommended Motion: "I move to approve the Corridor Agreement between the Utah Department of Transportation and the City of Moab." 1 Agenda Page 69 of 103 Attachments: Study Area Graphic UDOT Corridor Agreement Agenda Page 70 of 103 US-191 Corridor Preservation Study Study Area within City Limits 4 4�.n.n.urn■uauu.u/u.n.n.u.n.u.n.u.u.n.u.n�u.u-uu.u/u.u.n� eJ .u��.z 4 �• •**>� . : - v"4. 1,000 2,000 1 inch = 1,000 feet City of Moab .�I•11.4/11.11�n.11.��.��.11.��.��.��.��.��.I�.II.��.��.��.11.11.��.11.11.11.11.11.11/11.11.11/Ili Grand County 3,000 CORRIDOR AGREEMENT U.S. 191: Milepost 112.0 to 123.4 This CORRIDOR AGREEMENT made and entered into this day of , 2016, by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "UDOT," and SAN JUAN COUNTY, GRAND COUNTY, AND MOAB CITY, all collectively referred to herein as the "PARTIES." RECITALS: WHEREAS, based on the findings of the U.S. 191 Corridor Preservation Study, UDOT, SAN JUAN COUNTY, GRAND COUNTY, and MOAB CITY desire to enter into a CORRIDOR AGREEMENT to plan for the future spacing and location of traffic signals in the Signal Control Plan and spacing and accesses in a Access Control Plan for U.S. 191, from milepost (MP) 112.0 to MP 123.4; WHEREAS, in order to manage traffic flow, improve safety, and plan for future signal and access locations, and other considerations within the corridor as described herein; WHEREAS UDOT, SAN JUAN COUNTY, GRAND, COUNTY, and MOAB CITY agree to enter into this CORRIDOR AGREEMENT to accomplish this common goal. AGREEMENT: NOW THEREFORE, based on the recitals above and other good and valuable consideration, this CORRIDOR AGREEMENT is hereby entered into by the PARTIES to establish the terms and conditions whereby the CORRIDOR AGREEMENT can be accomplished, and it is agreed by and between the PARTIES the CORRIDOR AGREEMENT as follows: 1. Signal Control Plan: The PARTIES adopt the Signal Control Plan and Access Corridor Control Plan, attached as Exhibit A, maps one through six and incorporated by reference. The PARTIES agree that traffic signals will only be installed in accordance with the Signal Control Plan and at those intersections that meet the minimum traffic signal warrants as defined by the most recently adopted Utah Manual on Uniform Traffic Control Devices (MUTCD) and a UDOT field review. The U.S. 191 Corridor Study has identified the location of the possibility of three new signal locations. They are defined below: a. U.S. 191 and Old Spanish Trail Arena (milepost 120.6), Future b. U.S. 191 and Spanish Trail Road (milepost 121.5), Future c. U.S. 191 and Mill Creek Drive (milepost 123.2), Future Agenda Page 72 of 103 2. Access Corridor Control Plan: SAN JUAN COUNTY, GRAND COUNTY, and MOAB CITY acknowledges that upon development approval, UDOT will require the consolidation of multiple access points into a single access point and/or the use of existing or planned streets accessing the U.S. 191 corridor. The following two access management categories are the approved and accepted categories for U.S. 191. SAN JUAN COUNTY, GRAND COUNTY, and MOAB CITY acknowledges that, at UDOT's discretion, access may be denied at any location for any proposed access based upon the following access management standards and Utah Administrative Code R930-6: a. Category 2, System Priority -Rural from MP 112.0 to 120.9. Minimum street spacing is 1,000 feet, and minimum access spacing is 1,000 feet. b. Category 4: Regional Priority - Rural from MP 120.9 to 123.4. Minimum street spacing is 660 feet and minimum access spacing is 500 feet. 3. The following access locations have been identified in the U.S. 191 Corridor Study with close cooperation with representatives from UDOT, SAN JUAN COUNTY, GRAND COUNTY, and MOAB CITY. Two public meetings were held to seek public comment from the general public and property owners regarding existing and future accesses. • 1 W, no change anticipated • 2W, no change anticipated • 3E, no change anticipated • 4E, possible relocation to 3E • 5E, possible relocation to milepost 114.0 • 6W, possible relocation to milepost 114 .0 • 7E, possible relocation to 11 E • 8E, possible relocation to 11 E • 9W, no change anticipated • 10E, possible relocation to 11 E • 11 E, no change anticipated • 12E, no change anticipated • 13W, no change anticipated • 14E, no change anticipated • 15E, no change anticipated • 16E, possible relocation to 15E • 17W, no change anticipated • 18E, no change anticipated • 19W, no change anticipated • 20W, closed, no future access • 21 E, closed, no future access • 22E, no change anticipated • 23W, no change anticipated Agenda Page 73 of 103 " 24E, no change anticipated " 25W, no change anticipated " 26E, no change anticipated " 27W, possible relocation across from 28E " 28E, no change anticipated " 29W, possible relocation across from 28E " 30E, no change anticipated " 31 E, no change anticipated " 32E, no change anticipated " 33E, no change anticipated " 34E, no change anticipated " 35W, possible relocation across from 34E " 36E, no change anticipated " 37W, possible relocation to milepost 119.25 " 38E, possible relocation to milepost 119.25 " 39E, no change anticipated " 40E, no change anticipated (possible future signal) " New public street from west across from 40E " 41 E, no change anticipated " 42W, possible relocation to 43W " 43W, no change anticipated " 44W, possible relocation to 43W " 45W, no change anticipated " 46W, no change anticipated " 47W, possible relocation to 49W " 48E, closed, no future access " 49W, no change anticipated " 50E, no change anticipated " 51 E, possible relocation to frontage road between 50E and 60E " 52W, no change anticipated " 53E, possible relocation to frontage road between 50E and 60E " 54E, possible relocation to frontage road between 50E and 60E " 55W, no change anticipated " 56E, possible relocation to frontage road between 50E and 60E " 57E, possible relocation to frontage road between 50E and 60E " 58W, closed, no future access " 59W, no change anticipated (possible future signal) " 60E, no change anticipated (possible future signal) " 61 W, possible relocation to 63W " 62E, possible relocation to frontage road between 60E and 77E " 63W, no change anticipated " 64E, possible relocation to frontage road between 60E and 77E Agenda Page 74 of 103 " 65W, possible relocation to frontage road " 66W, possible relocation to frontage road " Mesa Road extension to U.S. 191 at mile " 67W, possible relocation to frontage road " 68E, possible relocation to frontage road " 69E, possible relocation to frontage road " 70W, possible relocation to frontage road " 71 E, possible relocation to frontage road " 72W, possible relocation to frontage road " 73W, no change anticipated " 74E, possible relocation to frontage road " 75W, possible relocation to frontage road " 76E, possible relocation to frontage road " 77E, no change anticipated " 78W, possible relocation to frontage road " 79E, possible relocation to 77E " 80W, possible relocation to frontage road " 81 W, no change anticipated " 82W, possible relocation to 81 W " 83E, no change anticipated " 84W, no change anticipated " 85E, no change anticipated " 86W, no change anticipated " 87W, no change anticipated " 88E, possible relocation to 89E " 89E, no change anticipated " 90E, no change anticipated " 91 E, possible relocation to 90E " 92E, no change anticipated " 93E, no change anticipated " New public road connection from west to " 94W, possible relocation to 96W " 95E, no change anticipated " 96W, no change anticipated " 97W, no change anticipated " 98W, no change anticipated " 99E, possible relocation to 102E " 100W, no change anticipated " 101 E, possible relocation to 102E " 102E, no change anticipated " 103E, closed, no future access " 104E, no change anticipated between 63W and 73W between 63W and 73W post 121.75 between 63W and 73W between 60E and 77E between 60E and 77E between 63W and 73W between 60E and 77E between 63W and 73W between 60E and 77E between 73W and 81 W between 60E and 77E between 73W and 81 W between 73W and 81 W U.S. 191 at Plateau Drive Agenda Page 75 of 103 " 105E, no change anticipated " 106E, possible relocation to milepost 123.25 " 107E, possible relocation to milepost 123.25 " New public road connection from west to U.S. 191 at Millcreek Road " 108W, no change anticipated " 109W, no change anticipated " 110E, no change anticipated 4. SAN JUAN COUNTY, GRAND COUNTY, and MOAB CITY shall note and adopt in its transportation master plan the CORRIDOR AGREEMENT, and pursue the Signal Control Plan and Access Corridor Control Plan (attached hereto as Exhibit A) in this CORRIDOR AGREEMENT. 5. UDOT, SAN JUAN COUNTY, GRAND COUNTY, and MOAB CITY acknowledge that this CORRIDOR AGREEMENT may be amended at any time with written approval from UDOT, SAN JUAN COUNTY, GRAND COUNTY, and MOAB CITY to reflect changes not anticipated. Any necessary changes should not degrade the traffic operations or safety of the state highway and overall transportation system as certified by a traffic engineering study performed by a licensed engineer certified and qualified to perform this analysis in the State of Utah. 6. For any issues not anticipated in the U.S. 191 Corridor Study, UDOT, SAN JUAN COUNTY, GRAND COUNTY, and MOAB CITY will work together for a resolution in compliance with Utah Administrative Code R930-6. If Utah Administrative Code R930-6 changes, this CORRIDOR AGREEMENT shall remain in effect unless amended. 7. This CORRIDOR AGREEMENT cannot be altered or amended, except pursuant to an instrument in writing signed by each of the parties. 8. If any term or provision of this CORRIDOR AGREEMENT or application to any person or circumstance shall, to any extent, be invalid or unenforceable, then the remainder of this CORRIDOR AGREEMENT shall not be affected and each term, condition and provision of this CORRIDOR AGREEMENT shall be valid and enforced to the fullest extent permitted by law, so long as removing the severed portion does not materially alter the overall intent of this CORRIDOR AGREEMENT. 9. The failure of a party to insist upon strict performance of any provisions of this CORRIDOR AGREEMENT shall be construed as a waiver for future purposes with respect to any such provision or portion. No provision of this CORRIDOR AGREEMENT shall be waived unless such waiver is in writing and signed by the party alleged to have waived its rights. Agenda Page 76 of 103 10. Each undersigned represents and warrants that each has been duly authorized for all necessary action, as appropriate, to execute this CORRIDOR AGREEMENT for and on behalf of the respective parties. This CORRIDOR AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. A faxed or electronically transmitted "pdf" signature shall be deemed an original for all purposes. IN WITNESS WHEREOF, the parties hereto have caused this CORRIDOR AGREEMENT to be executed by their duly authorized officers as of the day and year first above written. Agenda Page 77 of 103 CITY OF MOAB, a Municipal Corporation of the State of Utah David Sakrison, Moab City Mayor Date ATTEST: Rachel Stenta, Moab City Recorder Date (Impress Seal) Chris McAnany, Moab City Attorney Date (Impress Seal) Agenda Page 78 of 103 County of Grand, a County of the State of Utah Elizabeth Tubbs, Grand County Council Chair Date ATTEST: John Cortes, Grand County Recorder Date (Impress Seal) Andrew Fitzgerald, Grand County Attorney Date (Impress Seal) Agenda Page 79 of 103 County of San Juan, a County of the State of Utah Phil Lyman, San Juan County Chair Date ATTEST: David Carpenter, San Juan County Recorder Date (Impress Seal) Kendall Laws, San Juan County Attorney Date (Impress Seal) Agenda Page 80 of 103 RECOMMENDED FOR APPROVAL: UTAH DEPARTMENT OF TRANSPORTATION Robert Dowell, UDOT Region Four Operations Engineer Date Rick Torgerson, UDOT Region Four Director Date Contract Administrator, UDOT Comptroller's Office Date APPROVED AS TO FORM: Renee Spooner, Assistant Attorney General Date Agenda Page 81 of 103 Exhibit A: Sheets 1-6, Signal Control Plan and Access Corridor Control Plan Agenda Page 82 of 103 Page 83 of 103 cc c a) Q Agenda Page 84 of 103 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 121 2016 / Agenda Item #: 7-7 Title: Approval of the Federal Aid Agreement between the Utah Department of Transportation and the City of Moab for the 2016 Safe Routes to School project Fiscal Impact: $25,184 for the required City match of 6.77% Staff Presenter: Phillip M. Bowman, P.E., City Engineer Department: Engineering Background/Summary: On September 22, 2015, the Moab City Council authorized City staff to apply for a 2016 Safe Routes to School Infrastructure Grant. The grant application focused on sidewalk and pedestrian ramp improvements in two (2) areas of the City, the first being in the neighborhood north and west of Helen M. Knight Elementary School, and the second being along 100 East Street adjacent to the Grand County Middle School. In the months following, City staff was alerted that our grant application had been short listed for further evaluation and consideration, and we learned in mid -December that our application had been selected for funding in 2016. The Utah Department of Transportation (UDOT) Region 4 office in Richfield will administer this project, and a UDOT Project Manager has been assigned. One of the first tasks undertaken by the Project Manager is to complete the Federal Aid Agreement (FAA) for the project between UDOT and the City of Moab. The FAA defines the total amount of funding available for the project as $372,000, with the amount of federal aid funding capped at $346,816 and the amount of the City's local match set at $25,184. As standard with all UDOT federal aid agreements, if the total project cost exceeds the $372,000 of funding available, then the City of Moab will be responsible for all additional costs above that amount. The City Attorney has reviewed the FAA and has approved the form and content. If the FAA is approved, City staff will begin to work closely with the UDOT Project Manager to select an engineering consultant and complete the preliminary and final design of the project. It is anticipated that construction of the project will be complete in either late 2016 or early 2017. Staff Recommendation: Staff recommends approval of the Federal Aid Agreement between UDOT and the City of Moab for the 2016 Safe Routes to School project. 1 Agenda Page 85 of 103 Recommended Motion: "I move to approve the Federal Aid Agreement between the Utah Department of Transportation and the City of Moab for the 2016 Safe Routes to School project." Attachments: Federal Aid Agreement Agenda Page 86 of 103 1-7D:77' PARTNERS uocr d FORSUCCE55 of 3 �/I Keeping cosh Awf:mg State of Utah Department of Transportation u dcl.ule15.00 V,90enlpnw InmMv Federal Aid Agreement for Local Agency Project City of Moab - Phillip Bowman Maximum Project Value Authorized CFDA No. 20.205 $372,000 Highway Planning and Construction PIN Number Project Number Agreement Number 14340 F-R499(277) (Assigned By Comptrollers) FINET Number PIN Description 54667 Moab Safe Routes to School FMIS Number Date Executed F011762 This Agreement is entered into this day of , 20_, by and between the Utah Department of Transportation ("UDOT") and City of Moab "Local Agency(ies)", a political subdivision(s) of the State of Utah. The (City/County) has a project that will receive financing from federal -aid highway funds. The Project consists of Moab Safe Routes to School, located at City of Moab and identified as project number F-R499(277); Pursuant to 23 CFR Section 635.105, UDOT has the responsibility to oversee the federal aid projects to ensure adequate supervision and inspection so the projects are completed in conformance with the approved plans and specifications, including compliance with all federal requirements; and This Agreement describes the respective roles and requirements of UDOT and the City/County to ensure compliance with the federal requirements for the receipt of federal funding for the Project. State Wide Transportation Improvement Program STIP 2016 - 2019 Fund' Prior 2016 2017 2018 2019 Total Fed Aid State Other Pct TAP_FLEX $0 $372,000 $0 $0 $0 $372,000 $346,816 $0 $25,184 6.77% Total: $0 $372,000 $0 $0 $0 $372,000 $346,816 $0 $25,184 6.77% Revised 3-16-15 Agenda 1 of 8 Page 87 of 103 AGREEMENT Now, therefore, the parties agree as follows: I. Description of the Project. II. UDOT's Roles and Responsibilities on a Federally Funded Local Government Project as follows: A. Oversee compliance with federal and state regulations. B. Ensure transportation project oversight as outlined in 23 CFR 635.105. C. Assign a UDOT Project Manager to: 1. Assist the Local Government Project Manager to monitor scope, schedule, budget, and help track expenditures during all phases of the project. 2. Assist in project risk monitoring by reviewing and discussing identified risks and mitigation efforts. 3. For projects approved through the Wasatch Front Regional Council (WFRC), assist in early coordination with UDOT's Environmental staff during preparation of the environmental document. 4. Prepare and process the federal aid agreement before project initiation. 5. Help administer consultant qualifications -based selection, negotiation of contract, and contracting process for all phases of the Project using the UDOT Consultant Services selection process. 6. Assist the local agency to process and approve Consultant Pay Requests. 7. Coordinate and participate in design review meetings to ensure the federally -approved, UDOT design process is followed. 8. Coordinate to ensure ongoing communication with the local project sponsor. 9. Notify the Local Government that the match, betterment or other funding to UDOT is due. 10. Assist the Local Agency in preparing and executing UDOT Standard Utility Reimbursement Agreements as required. 11. Coordinate betterment items and finalize agreements prior to construction advertising. 12. Assist with the federally -approved construction advertising and award processes through the UDOT construction advertising and award process. 13. Coordinate with the Local Project Manager to review and recommend change orders for approval. 14. Coordinate the UDOT project closeout process. III. Local Agency Roles and Responsibilities on a Federally Funded Local Government Project. The Local Agency shall manage the Project in compliance with federal and state laws and regulations. The Local Agency shall monitor the quality of work being performed on the Project and daily activities and issues with the consultants. A. The Local Agency shall assign a representative to serve as the Local Project Manager to: 1. Research, understand, and take responsibility for federal requirements by its acceptance of federal funds. 2. Coordinate with the UDOT Project Manager concerning the funding. 3. Work with organizations (MPO's, etc.) for funding and expenditure time -frames, scope issues and delivery schedule. 4. Manage the day-to-day activities of the Project as follows: a. Consultant and professional services used on the Project. b. The Local Agency shall recommend and approve consultant pay requests. c. Project scope, schedule, budget, and quality. d. Coordination of details, decisions and impacts with the local jurisdiction's community councils, commissions, legal counsel, department heads, political leads, engineering and public works departments, etc. e. Coordination with the assigned UDOT Project Manager. f. Project risk monitoring by reviewing and discussing identified risks and mitigation efforts. g. Monitor project schedule and progress of all project tasks- to ensure a timely delivery of the project. h. Schedule discussion should be held in all preconstruction and construction project progress meeting. i. Oversee project compliance with federal and state transportation project processes. These responsibilities include (but are not limited to): 2of8 Agenda Page 88 of 103 1) Participate in the federally approved UDOT consultant qualifications -based selection, negotiation of contract, and contracting process for all phases of the project. 2) Participate as the active lead in project team meetings as well as all field and plan reviews. 3) Ensure NEPA Environmental clearances and approvals are obtained. 4) Ensure current AASHTO, MUTCD, and UDOT design standards are met, or if not, ensure all design exceptions, waivers or deviations are obtained from UDOT and have the necessary signatures in place. 5) Ensure and certify that right of way acquisitions follow the federal Uniform Act and comply with state right of way acquisition policy, including rules, and meet all Project right of way commitments. 6) Ensure construction standards and specifications are met. 7) Oversee project construction management operations, progress, documentation and quality inspection to meet state and federal contract administration requirements. j. Coordinate with utilities to minimize project impacts and ensure needed relocations have the proper documentation, easements and agreements in place. The Local Agency shall provide to UDOT Region Utility Coordinator the Project utility certification prior to construction advertising. All utility agreements must follow the UDOT standard Utility agreement format and process. k. Provide right of way certification verifying all required right of way has been purchased prior to advertising. I. Ensure required documentation is in place before submitting the advertising package to UDOT for advertising through its federally -approved process. m. Coordinate with the UDOT Project Manager and Comptroller's Office to deposit the local match and betterment funds as outlined below in Section IV. n. Approve the final advertising package and obtain local signature approval advertisement. o. Review the abstract of bids and recommend to the UDOT Project Manager award of the project. The Local Agency may decline to recommend award for the following reasons: Lack of funding to cover project costs as bid, or cancelling the project. p. Attend Construction Coordination meetings and coordinate with the Consultant Resident Engineer (RE). q. Review all construction change orders for approval and submit them to UDOT Project Manager for review and processing. r. Review the project budget for changes related to change orders, quantity overruns, incentives, fuel and asphalt adjustments, etc. s. Ensure materials comply with the current UDOT Materials Testing and Acceptance Manual and the UDOT Minimum Sampling and Testing Requirements. t. Assist to provide all documentation needed for construction project close out including Buy America certification. u. Coordinate the project close out process by timely closing all open contracts and agreements. This list of roles and responsibilities is not comprehensive but describes the general roles of the Local Agency. IV. Funding. Upon signing this agreement, the Local Agency agrees to pay its estimated matching share in phases when requested by UDOT within 30 days. Phases typically include environmental, design, right of way and construction. The local match for this project is represented by the percentages of the Total Project Value shown below. In addition the Local Agency agrees to pay 100% of the overruns that exceed $372,000 and any ineligible costs to UDOT. The Local Agency shall be responsible for all costs associated with the project which are not reimbursed by the federal government. For a Joint Highway Committee project, the federal participation for construction engineering costs is limited to 20 percent of the construction contract costs. No costs are eligible for federal aid reimbursement until authorized by the FHWA through Form R-709, Request for Federal Aid Project Approval, separate from this Local Agency Agreement. Local Agency betterments are ineligible for Federal Funding. The Federal Aid Agreement must be modified to incorporate the additional funding for the betterments that are included after the execution of this Agreement. The Local Agency will advance the funds for the betterments to UDOT prior to the construction award. 3of8 Agenda Page 89 of 103 For the specific funding for the project, see page 1, Statewide Transportation Improvement Program (STIP). UDOT will request payment of matching shares and overruns through an email that will be sent to Phillip Bowman at PBOWMAN@MOABCITY.ORG, the Local Agency Contact. The Local Agency shall pay within 30 days after each payment request. The Local Agency shall make the check payable to the Utah Department of Transportation referencing the project number above and mail to UDOT Comptroller's Office, 4501 South 2700 West, Box 1415010, Salt Lake City, Utah 84114-1510. Funds requested beyond the amount described in this Agreement will require execution of a Federal Aid Agreement Modification by the parties. If the project has cost overruns, the Local Agency shall pay the additional amount to UDOT within 30 days of receiving the invoice. Should the Local Agency fail to reimburse UDOT for costs that exceed the federal reimbursement, federal funding for other Local Agency projects or B&C road funds may be withheld until payment is made in addition to any other remedies available. If the Local Agency's advanced amount exceeds its share of project cost, UDOT will return the amount of overpayment to the Local Agency upon financial closure of the project. If there are any unexpended Federal Funds remaining on the project, the funds will be returned to the funding source that they originated (MPO, etc) and reprogrammed. UDOT Comptroller shall provide the Local Agency with a quarterly statement reflecting a cost summary for the project. V. Local Agency's Reimbursement Claims. The Local Agency shall bill UDOT for eligible federal aid project cost incurred after FHWA phased approval for authorization to proceed (form R709) and in conformity with applicable federal and state laws. Authorized Local Agency reimbursement claims should be submitted to UDOT Project Manager within 30 days of cost incurrence. Reimbursements to the Local Agency for right of way claims are classified as a pass -through of Federal funds from UDOT to the Local Agency. Expenditures by the Local Agency for general administration, supervision, and other overhead shall not be eligible for federal participation unless an indirect cost plan has been approved annually by the Federal government. Payments to contractors, consultants, utility companies, etc will be made from UDOT directly to those entities instead of the funds passing through the Local Agency. The Local Agency shall comply with 23 CFR Section 710.203 for FHWA reimbursement requests of real property acquisitions. A Local Agency shall not request reimbursement for excess acquisitions which are not eligible for FHWA reimbursement under 23 CFR Section 710.203 http://www.gpoaccess.gov/cfr/retrieve.html. VI. Federal Aid Project Compliance. Local Agency shall comply with Title 23, USC, 23 CFR, 2 CFR Part 200, , UDOT Local Government and State Aid Project Guide, UDOT's Right of Way Operational Manual and the Federal Aid Project Agreement between UDOT and Federal Highway Administration concerning federal aid projects. They will also follow the Local Government Design and Process Manuals. VII. Project Authorization for Federal Aid. The Local Agency, through UDOT, must obtain an Authorization to proceed from FHWA before beginning work on any federal aid project. Federal funds shall not participate in costs incurred prior to the date of authorization. The Local Agency will work with the Project Manager to establish a project end date. Any expenses incurred after the project end date will not be eligible for Federal reimbursement and the Local Agency_will be required to pay 100% of those costs. FHWA authorizes the funding in separate phases including environmental, design, ROW, and construction. Vlll.lndemnity clause. Local Agency agrees to hold harmless, defend and indemnify the State of Utah, UDOT, its employees and agents (Indemnitees) from and against all claims, suits and costs, including attorneys' fees for injury or damage of any kind, arising out of this Project. This clause is intended to include but not be limited to: Indemnitees own negligence unless arising out of Indemnitee's sole negligence, and any failure to inspect, discover, correct, or otherwise address any defect, dangerous condition or other condition created by or resulting from this Project. 4of8 Agenda Page 90 of 103 Any periodic plan and specification review or construction inspection performed by UDOT arising out of the performance of the Project does not relieve the Local Agency of its Project duties, including its duty to indemnify, or its duty to ensure compliance with applicable standards. IX. Single Audit Act. The Local Agency, as a sub -recipient of federal funds, shall adhere to the Federal Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, http://www.whitehouse.gov/omb/circulars/a133/a133.html. A sub -recipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provision of OMB Circular A-133. Upon conclusion of the A-133 audit, the Local Agency shall be responsible for ensuring that a copy of the report is transmitted to the Utah Department of Transportation, Internal Audit, 4501 S 2700 W, Box 148230, Salt Lake City, Utah 84114-8230. X. Maintenance. The Local Agency shall properly maintain and restore each type of roadway, structure and facility as nearly as possible in its original condition as constructed or improved in accordance with state and federal requirements. XI. Utilities. The Local Agency shall notify and cooperate with utility companies having facilities in the project limits in accordance with Utah Code Section 54-3-29. The Local Agency shall follow the standard UDOT utility agreement process including signatures by UDOT, utility, and the Local Agency. The Local Agency shall certify, in accordance with 23 CFR Section 645.107(c), that utility relocation reimbursements to be made in accordance with the provisions of 23 CFR Section 645.107(a) do not violate the terms of a use and occupancy agreement, or legal contract, between the utility and the Local Agency, or are solely for the purpose of implementing safety corrective measures to reduce the roadside hazards of utility facilities to the highway use as provided in 23 CFR Section 645.107(k). The Local Agency shall determine reimbursement eligibility for identified relocations based on Local Agency Franchise Agreement or Ordinance. If not reimbursable, submit a written statement to UDOT that the Local Agency is "legally unable to reimburse the utilities" for relocation or protection work as part of the project. Utility relocations deemed to be reimbursable will be performed in accordance with 23 CFR Section 645, Utilities, Subpart A, and are subject to 23 CFR Section 635.410, Buy America Requirements. In accordance with 23 CFR Section 645.209 (g), the Local Agency will provide a degree of protection to the highway that is equivalent to or more protective than Utah Administrative Rule 930-7, Utility Accommodation Rule. XII. Availability of Records. For a period not less than three (3) years from the date of final voucher, the Local Agency accounting records pertaining to the federal aid project are to be kept available for inspection and audit by the state and federal government, or furnished upon request. XIII. Right of Way. The Local Agency shall acquire all the required right of way for the Project in compliance with 23 CFR Section 710.309, 49 CFR Part 24 and UDOT Right of Way Operations Manual. The Local Agency shall use the right of way module in ePM for acquisitions. Once all the necessary right of way is acquired, the Local Agency shall obtain UDOT's certification. All the necessary right-of-way must be obtained before the project is advertised. No limitations concerning right -of- way shall be allowed. For UDOT right-of-way certifications required for advertising access the following: http://www.udot.utah.qov/main/f?p=100:pg::::1:T,V:808,34728. For real property disposals the Local Agency shall comply with 23 CFR Sections 710.409 and 710.403. The Local Agency should have property management records, which identify inventories of real property considered excess to project needs. If a Local Agency determines that real property initially acquired as part of the project is declared excess and disposed of the Local Agency must comply with 23 CFR Sections 710.409 and 710.403. These sections require that the Federal share of net income from the sale or lease of real property acquired with Federal assistance be used for Title 23 eligible projects. Refer to http://www.gpoaccess.gov/cfr/retrieve.html for additional information. The Local Agency shall deposit the net proceeds from the sale or lease with UDOT to be applied towards a Title 23 eligible project as authorized by the appropriate metropolitan planning organization or the Joint Highway Committee. 5of8 Agenda Page 91 of 103 XIV. Change in Scope and Schedule. Local Agency recognizes that if a project scope changes from the original intent of the project application, the project will need to be re-evaluated by the responsible agency that programmed the project (i.e, MPO, JHC). Such a review may result in approval of the scope change, removal from the program, or adjustment in the federal aid funds programmed for the project. Local Agency is responsible for the schedule of the project. If the project cannot progress as programmed, the responsible programming agency may advance other projects and require the project to wait for next available funding. Any change orders required to meet the terms and conditions of the construction contract will be initiated by UDOT. UDOT will notify the Local Agency of any such change orders and obtain the Local Agency's consent if the change order increases the cost of the project. The Local Agency shall be responsible for 100% of the costs of all change orders on the Project not reimbursed by FHWA. XV. UDOT Service Costs. UDOT may provide expertise in project management, contract preparation, design plan reviews, advertising, construction materials verification/certification, technical assistance, engineering services or other services as needed. This includes costs for auditing consultant contracts that can be up to 0.5% of the contract costs. Appropriate charges for these costs will be incurred by the project and included in the overall project costs. XVI. Additional Contracting Party. If the Local Agency desires to be an additional contracting party and an additional bondholder or obligee on the performance bond for Class B and C roads, a signed letter on official letterhead by the governing body of the Local Agency shall be an attachment to this Federal Aid Agreement. This provision applies only to federally funded projects and only on B and C roads. XVII. Termination. This agreement may be terminated as follows: 1. By mutual agreement of the parties, in writing. 2. By either UDOT or the Local Agency for failure of the other party to fulfill their obligations as set forth in the provisions of this agreement. Thirty day written notice to terminate the Agreement will be provided to the other party describing the noncompliance of the Agreement. If the noncompliance is not remedied within the thirty day period, the Agreement shall terminate. However, if UDOT believes that the Local Agency is violating the Agreement that may result in harm to the public, inappropriate use of federal funds or if the Federal Highway Administration requests immediate termination, UDOT may terminate the Agreement without giving the thirty day notice. 3. By UDOT for the convenience of the state upon written notice to the Local Agency. 4. By UDOT, in the event that construction of the project for which this design engineering is undertaken is not started by the close of the fifth fiscal year following the fiscal year in which this agreement is executed. In the event of termination, the Local Agency shall pay all of UDOT's costs referenced in paragraph XV regardless of whether the Project is constructed. XVIII. Miscellaneous. 1. This Agreement cannot be altered or amended, except pursuant to an instrument in writing signed by each of the parties. 2. If any term or provision of this Agreement or application to any person or circumstance shall, to any extent, be invalid or unenforceable, then the remainder of this Agreement shall not be affected and each term, condition and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law, so long as removing the severed portion does not materially alter the overall intent of this Agreement. 3. The failure of a party to insist upon strict performance of any provisions of this Agreement shall not be construed as a waiver for future purposes with respect to any such provision or portion. No provision of this Agreement shall be waived unless such waiver is in writing and signed by the party alleged to have waived its rights. 4. Each undersigned represents and warrants that each has been duly authorized for all necessary action, as appropriate, to execute this Agreement for and on behalf of the respective parties 6of8 Agenda Page 92 of 103 5. The parties shall not, by this Agreement nor by any act of either party, be deemed principal and agent, limited or general partners, joint ventures or to have any other similar relationship to each other in the conduct of their entities. XIX. Content Review Language content was reviewed and approved by the Utah AG's office on March 16, 2015. LOCAL AGENCY Utah Department of Transportation By Date City of Moab Official By Region Director Date UDOT Comptroller By Comptroller's Office Date 7of8 Agenda Page 93 of 103 Consultant Services Federal Aid Agreement Review/Approval Routing Form STATE OF UTAH UTAH DEPARTMENT OF TRANSPORTATION ENGINEERING SERVICES Project No.: F-R499(277) PIN Description: Moab Safe Routes to School TODAY'S DATE PM REQUEST DATE FEDERAL AID AGREEMENT NO. 2/29/2016 2/29/2016 PIN No.: 14340 FINET Prog Code No.: 54667 UDOT Project Manager UDOT Contract Administrator Troy C. Torgersen 210 West 800 South Richfield, UT 84701 (435)896-1303 ttorgersen@utah.gov Michael R. Butler PO Box 148490 Salt Lake City Utah 84114-8490 (801)965-4419 michaelbutler@utah.gov Local Government City of Moab 217 E. CENTER Moab, UT 84532 Phillip Bowman, (435) 259-4941 PBOWMAN@MOABCITY.ORG Project Value $372,000 Federal Match $346,816 Local Government Match $25,184 State Match $0 Please print two single sided copies and route for review/approval to the individuals listed below, using the contact information above. Please sign where appropriate on page #1 in the document before forwarding to the next individual on the list. Please route in the following order: Routing Sequence Date 1 Sent to Local Government 2/29/2016 2 Review/Approved Local Government 3 Review/Approved UDOT Region Director (c/o UDOT PM) 4 Consultant Services 5 Sent to UDOT Comptroller 6 Review/Approved UDOT Comptroller 8of8 Agenda Page 94 of 103 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 121 2016 / Agenda Item #: 7-8 Title: Approval of a Purchasing Exception for Aqua -Aerobic Systems, Inc. for the design of equipment at the new wastewater treatment plant Fiscal Impact: $30,000 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Background/Summary: The Final Design of the new wastewater treatment plant is progressing and is over forty (40) percent complete. The City's engineering consultant, Bowen Collins & Associates (BCA) is working closely with individual equipment manufacturers to complete the product specifications of major components of the plant, and allow items with long lead times for delivery to be planned for. A Letter of Intent for Aqua -Aerobic Systems, Inc. was approved by the City Council on January 25, 2016, to allow BCA to continue their work with this supplier for the Sequencing Batch Reactor (SBR) process equipment that Aqua - Aerobic is intended to provide at the new wastewater treatment plant. As this coordination has proceeded, BCA and Aqua -Aerobic have identified an opportunity for the City to develop a more thorough design of the equipment and a better bid package for contractors to provide bids on the equipment. If this purchasing exception is approved, the City will pay $30,000 directly to Aqua - Aerobic to develop the final equipment design and product specifications for the bid package documents that will allow contractors to bid the equipment more accurately. If the purchasing exception is not approved (which is acceptable as well), the contractors bidding the project will still provide a bid for this equipment. In that case, the bids received for this equipment will likely be higher due to the lesser amount of information known, and will reflect that the contractor awarded the job will pay Aqua -Aerobics this same or similar amount ($30,000) during the equipment procurement and submittal approval process after the selected contractor receives the Notice of Award for the project. In either case of the purchasing exception being approved or not, the City will get the same equipment that meets our needs for the new wastewater treatment plant. If the purchasing exception is approved, the City will effectively reduce our risk through the bidding and equipment procure processes. The City should receive better bids from contractors on this equipment, and should also have the 1 Agenda Page 95 of 103 opportunity to accelerate the equipment procurement time frame which could lessen the overall construction time of the new plant. The wastewater treatment plant project remains on schedule to complete the Final Design late in calendar year 2016, begin construction of the new plant in early 2017, and commission the new plant for full operation in early to mid-2018. Options: The Council may approve, deny, or postpone the item. Staff Recommendation: Staff recommends approval of the Purchasing Exception for Aqua -Aerobic Systems, Inc. for the design of equipment at the new wastewater treatment plant. Recommended Motion: "I move to approve the Purchasing Exception for Aqua - Aerobics Systems, Inc. for the design of equipment at the new wastewater treatment plant." Attachment: Letter from Aqua -Aerobics Systems, Inc., with "Authorization to Prepare Engineer's Submittals" form Agenda Page 96 of 103 AQUA -AEROBIC SYSTEMS, INC. Parineiing for Solutions March 8, 2016 Correspondence ID#: AAL-34182 Bowen Collins & Associates, Inc. Attn: Bob Mayers 180 West Election Rd., Suite 150 Draper, Utah 84020 Project: MOAB UT RE: AQUA -AEROBIC SYSTEMS DESIGN #143057, REV. 2 Aqua -Aerobic Systems would be willing to begin the preparation of engineer's submittal data in the absence of a firm purchase order if we are provided with the following "Authorization To Prepare Engineer's Submittals" form. As each project is custom engineered, it is our company policy in the absence of a firm purchase order to obtain a commitment for payment for the engineer's submittal data in the event we are not awarded an order. If you elect to authorize Aqua -Aerobic Systems to proceed with preparation of engineer's submittal data, please sign and return the authorization form. Please note, if agreement is not reached on the terms and conditions of sale, Aqua -Aerobic Systems reserves the right to halt further proceeding on this transaction, without liability to Aqua -Aerobic Systems. If you have any questions, please don't hesitate to contact either our local representative, listed below, or me. We look forward to working with you towards the successful completion of this project. Sincerely, AQUA -AEROBIC SYSTEMS, INC. Tatiana Mazzei Project Applications Engineer cc: Davidson Sales and Engineering, Paul Mora Aqua -Aerobic Systems, Inc., Steve Stanish Bowen Collins & Associates, Inc., Boris Petkovic, P.E. Jeff Beckman Aeration & Mixing I Biological Processes Filtration Membranes Process Control & Monitoring I Aftermarket Parts & Services Agenda Page 97 of 103 6306 N. Alpine Rd. Loves Park, IL 61111-7655g p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com Page 2 of 2 March 8, 2016 AUTHORIZATION TO PREPARE ENGINEER'S SUBMITTALS MOAB UTAH - AASI DESIGN #143057 R-2 dated FEBRUARY, 8 2016 Return the completed form Attention: Donnelle Herron at Aqua -Aerobic Systems, Email: dherron@aqua-aerobic.com or Fax # 815/654-8258 Aqua -Aerobic Systems is herein authorized to begin preparation of engineer's submittal data for the referenced project. We agree to pay Aqua -Aerobic Systems the total sum of $30,000 for preparation of engineer's submittal data in the event a purchase order with mutually agreed upon terms and conditions for the complete project is not received by Aqua -Aerobic Systems within 30 days of Aqua -Aerobic Systems' transmittal of the submittal data. Based on the current schedule, we anticipate transmittal of the submittals in 4-6 weeks from our receipt of this signed agreement. In the event Aqua -Aerobic Systems has not received a firm purchase order at the time of record submittal transmittal, Aqua -Aerobic Systems will invoice for submittals payable Net 30 from the invoice date. Provided a firm purchase order is received, the cost of the engineer's submittals shall become an integral part of the total purchase price. Company Name Authorized Signature Signatory's Name & Title Date PROVIDE A TOTAL OF SETS OF ENGINEER'S SUBMITTAL DATA FOR TRANSMITTAL TO THE FOLLOWING ADDRESS/PERSONNEL: Company Name Courier Address City, State, Zip (required) Phone: Fax: Email: Contact Name Aeration & Mixing I Biological Processes Agenda Filtration Membranes Process Control & Monitoring I Aftermarket Parts & Services Pa e 98 of 103 6306 N. Alpine Rd. Loves Park, IL 61111-7655g p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com MOAB CITY COUNCIL MEETING April 12, 2016 Agenda item #: 7-10 Title: Donation of found property bicycles to School District for bike rodeo in May 2016. Fiscal Impact: N/A Staff Presenter(s): Cindy Montague Department: Police Applicant: N/A Background/Summary: There are 17 bikes currently in inventory to be donated. The process is complete, as required by the State of Utah, code 77-24a-5. Options: Approve, Deny, or Table Staff Recommendation: Donate bicycles to non-profit organization, Grand County School District, which in turn with work with Western Spirit Cycling and Moab Classic Bike shops. Contact has been made with Scott Crane from the school district, who has agreed to be the representative for this endeavor. If approved, Pierre from Moab Classic Bikes and Don from Western Spirits Bike will coordinate staff to get the bikes in working and safe condition to donate to the children in the Moab community at the bike rodeo in May. Recommended Motion: Click here to enter text. Attachment(s): Pursuant to Utah State Code Section 77-24a-5, the Moab City Police Department has the following Bicycles and Miscelllaneous items as Found/Recovered Property. Contact us at 435-259-8938, within 8 days, to identify the items, or they will be disposed of on or after January 31, 2016. Agenda Page 99 of 103 Thruster Rage Bike, Orange/Black in color, E47018 Huffy Kolo RochCreek Bike, Black/Red in color, #E72549 Schwinn Majestic Bike, Red in color, #E76573 Schwinn Bike, Gray in color, #E106052 Mongoose Outer Limit, Blue/Silver in color, #E93636 Cannondale V500 Bike, Black in color, 93638 No Rules Model 18 Bike, Lime Green/Black in color, #E112008 Unknown Brand Bike, Pink in color, #E93641 Unknown Brand Bike, Hot Pink w/Green Rims, #E111014 Roade Bike, Gray in color, #E111024 Specialized Hardrock Sport, Silver in color, #E112036 Roadmaster Sport, Silver/Rusted in color, #E106526 Unknown Brand Mountain Bike, White/Blue in color, #E106529 Genesis V2100 21 Speed, Black/White in color, #E112041 Pursuant to Utah State Code Section 77-24a-5, the Moab City Police Department has the following Bicycles and Miscellaneous items as Found/Recovered Property. Contact us at 435-259-8938, within 8 days, to identify the items, or they will be disposed of on or after March 31, 2016. Black/White Shimano Suspension 21 Speed Bike, #E112041 Black Mongoose Mtn Bike, #E111046 Spray painted white (originally red), Unknown brand/model, #112073 Agenda Page 100 of 103 f MOAB CITY COUNCIL MEETING April 12, 2016 / / Agenda. ltem #: 7-10 [Title: Approval of Proposed Resolution #11-2016 — A Resolution Amending the Moab Personnel Policies and Procedures Manual Fiscal Impact: cost will be addressed in the FY 2016-2017 budget Staff Presenter(s): Rebecca Davidson, City Manager Department: Administration Applicant: n/a Background/Summary: With the departure of our Public Works Director, the Mayor and I discussed the position as it is currently written with its responsibilities. This position is currently noted in our personnel manual as a mayoral appointment as shown in the attachment. From that discussion, the Mayor and I agreed that the position should be "split" into two (2) positions: Utilities Director, and Streets and Facilities Director. The Utilities Director would focus on sewer, water, storm drainage, and sewer treatment. The Streets and Facilities Director would manage streets, parks, facilities and safety. With the amount of work expected in the area of maintenance and operations, I believe this to be prudent and most effective to have two (2) persons directing specific focus areas. I am requesting that Council approve the change in the Personnel manual to remove the Director as an appointed position and approve the splitting of the Public Works Director position into two (2) different positions of Utilities Director and Streets and Facilities Director. 1 Options: Approve, Deny or Table Staff Recommendation: Approve Recommended Motions: Approve Attachment(s): Personnel Manual Revision JAgenda Draft Documents\04-12-2016\Agenda Summary public works director.docx Page 101 of 103 Agenda Resolution 11-2016 A RESOLUTION AMENDING THE CITY OF MOAB PERSONNEL POLICIES AND PROCEDURES MANUAL. WHEREAS, the City of Moab Personnel Policies and Procedures Manual contains rules of general application concerning hiring, promotion, pay, benefits, and discipline; and WHEREAS, the Manual should be reviewed and revised on a periodic basis to ensure compliance with employment laws and contemporary personnel management practices; and WHEREAS, the Moab City Council has determined that the Manual should be revised; and WHEREAS, the amendment to the City of Moab Personnel Policies and Procedures Manual has been presented to this meeting of the Moab City Council. NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to approve the revised Moab Personnel Policies and Procedures Manual in substantially the form presented to this meeting of the City Council. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of the City of Moab in open session this 12th day of April, 2016. Attest: Rachel E. Stenta City Recorder CITY OF MOAB By: David L. Sakrison Mayor Resolution #11-2016 Agenda Page 102 of 103 Page 1 of 1 City of Moab Personnel Policies and Procedures Manual 7.22 Separation No classified employee shall be discharged or transferred to a position of less remuneration because of a person's race, religion, sex, color, creed, national origin, sexual orientation, ancestry, age, marital or veteran status, or non job related physical or mental disability , or as a result of changes in City elected officers, the governing body, or heads of departments. Classified employees serve for an indefinite duration, and may be discharged at any time for causes which include, but are not limited to, curtailment or lack of funds, lack of work, violations of state law, violations of City ordinances, violations of these personnel policies, insubordination, or the like. Every classified employee that is discharged may seek an administrative appeal of that action, as provided under Article IX of these policies. 7.23 Resignation To resign in good standing, every employee must give the department head at least fourteen (14) calendar days' prior notice, unless the department head, because of extenuating circumstances, agrees to permit a shorter notice period. A written resignation shall be submitted to the depaament head, giving the reasons for leaving. Failure to give the required notice may be entered in the employee's service record and may be cause for denial of future employment with the City. When no notice is given, the employee will be paid through the last day worked. 7.24 Retirement Employees may retire from service by complying with the conditions of the retirement system. For exempt status post -retirement employees who retired prior to August 15, 2005, the City shall make a payment to a defined contribution plan in the same manner as provided for by Utah Retirement System guidelines for non- exempt status post -retirement employees. 7.25 Statutory Appointees. Statutory Appointees are City employees appointed by the Mayor and confirmed by action of the Governing Body, including the Recorder, Treasurer, Public Work) Director, and Police Chief. Statutory appointees, also described as department heads, are entitled to all benefits accorded classified service employees generally with regard to pay, benefits, leave, equal employment opportunity, and the like, except that statutory appointees are not entitled to the grievance and discharge procedures defined in Articles VII, VIII, and IX, herein. Statutory appointees are also not entitled to the appeal procedures described in U.C.A. 10-3-1105 et seq. (A) Statutory appointees serve at the pleasure of the Mayor and the Governing Body and may be removed from office at any time, with or without cause, upon a majority vote of the Governing Body. All statutory appointees are subject to removal following any mayoral election, should the newly elected Mayor, with the advice and consent of the Governing Body, elect to appoint Agenda 16rApersonnel\personnel manual\final revision with RepipteOurrjnIdinhanges 2015.docxrApersonnel\personnel 48 Final revision with council changes 2015.docx