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PKT-CC-2016-05-24
Moab City Council May 24, 2016 Impact Fee Study Presentation 6:00 PM Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 159 Page 2 of 159 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, May 24, 2016 at 6:00 p.m. 6:00 p.m. 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: Impact Fee Study Presentation PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 April 26, 2016 1-2 April 29, 2016 1-3 May 12, 2016 CITIZENS TO BE HEARD PRESENTATIONS 3-1 Presentation of the Mayor's Student Citizenship of the Month Award for May 2016 for Helen M. Knight School PROCLAMATIONS 4-1 Mayoral Proclamation of "Start by Believing" Public Awareness Campaign PUBLIC HEARING (Approximately 7:15 PM) 5-1 Solicitation of Public Input on Community Development Block Grant (CDBG) Small Cities Program Year 2016 Proposed Project - Acquisition of Property on Kane Creek Blvd by the Housing Authority of Southeastern Utah 5-2 Solicitation of Public Input on Proposed Resolution #16-2016 — A Resolution Adopting the Fiscal Year 2016-2017 Budget SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Canyonlands Rodeo Parade on June 4, 2016 6-1.1 Approval of a Special Business Event License 6-1.2 Consideration of a Fee Waiver in an amount not to exceed $285 6-2 Canyonlands Fast Pitch Tournament, Located at the Center Street Ballpark on June 17 and 18, 2016 6-2.1 Approval of a Special Business Event License for Travis Packard 6-2.2 Approval of a Special Use of Center Street Ballpark for Travis Packard Agenda Page 3 of 159 SECTION 7: NEW BUSINESS 7-1 Consideration and Second Reading of Proposed Ordinance #2016-04 — An Ordinance to Rezone a Property with Split Zoning of 1-1 Industrial and R-4 Manufactured Housing Residential Zone to R-4 Manufactured Housing Residential Zone and Amending the Official Zoning Map of the City of Moab 7-2 Approval of Proposed Resolution #17-2016 — A Resolution Approving the Real Estate Purchase and Sales Agreement with Stewart Lane, LLC, The Enactment of Covenant Declarations and the Termination of an Option Agreement 7-3 Approval of Proposed Resolution #15-2016 — A Resolution Adding the Jr. Lifeguard Program and Fee to the Fee Schedule for the Moab Recreation and Aquatic Center 7-4 Approval of a Central Federal Lands Highway Division Project Application for Federal Lands Access Program (FLAP) grant funding in Fiscal Year 2019 or later with an amount not to exceed $6,000,000 7-5 Approval of the Utah Retirement System Contribution Rates for Fiscal Year 2016- 2017 7-6 Request to Send Proposed Ordinance #2016-07 — An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials' Salaries to a Public Hearing on June 14, 2016 at 7:15 PM 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 159 MOAB CITY COUNCIL REGULAR MEETING April 26, 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 6:30 PM. In attendance were Councilmembers Heila Ershadi, Rani Derasary, Kyle Bailey, Kalen Jones and Tawny Knuteson-Boyd. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta, Community Services Director Amy Weiser, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, City Engineer Phillip Bowman, City Recreation, Parks and Trails Director Tif Miller and Police Chief Mike Navarre. A Budget Workshop for the 2016-2017 Fiscal Year was held. REGULAR MEETING & ATTENDANCE PRE COUNCIL WORKSHOP BUDGET WORKSHOP Mayor Sakrison called the Regular City Council Meeting to order at 7:00 REGULAR MEETING CALLED TO PM. Twenty-six (26) members of the audience and media were present. Councilmember Derasary moved to approve the Minutes of the March 22, 2016 Council Meeting, with corrections. Councilmember Ershadi 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. Under Presentations, the Mayor Awarded Shayne Randall with the Mayor's Student Citizenship of the Month Award for April 2016. A presentation was given by Deb Barton of the Grand County Solid Waste Service District. Mayor Sakrison Proclaimed April 29, 2016 as Arbor Day in the City of Moab. Councilmember Jones moved to approve the following licenses and permits for the Moab Arts Festival to be held on May 27 — 28, 2016 at Swanny City Park: April 26, 2016 Page 1 of 4 ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD PRESENTATIONS SOLID WASTE DISTRICT PRESENTATION PROCLAMATION APPROVAL MOAB ARTS FESTIVAL Agenda Page 5 of 159 1) Special Business Event License for Moab Arts Festival; 2) Special Use Permit for Swanny City Park; 3) Class IV Beer License; 4) Park Alcohol Permit for Swanny City Park. Councilmember Derasary 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 Special Business Event License and Special use of City Parks for Rockwell Relay to be held on June 16-17, 2016 at Swanny City Park. Councilmember Knuteson-Boyd 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 Special Event License and Special Use of City Parks for Moab Charter School Field Day to be held at Swanny City Park on June 16, 2016. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Jones, Knuteson-Boyd and Derasary voting aye and Councilmember Ershadi abstaining. Councilmember Jones moved to approve a Special Event License and Special Use of Swanny City Park for Rule the Rocks Skate and BMX Competition on May 20, 2016. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Bailey moved to grant Local Consent of a Limited Service Restaurant Liquor License for Patcharawadee Prucktrakhul to conduct Arches Thai Restaurant located at 60 North 100 West. 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 grant Local Consent for a Limited Service Restaurant Liquor License for Jorge Ordonez-Hernandez to conduct El Charro Loco Restaurant located at 812 South Main Street. 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 Ordinance #2016-02 - An Ordinance Amending the City of Moab Municipal Code, Sections April 26, 2016 Page 2 of 4 APPROVAL OF SPECIAL BUSINESS EVENT LICENSE- ROCKWELL RELAY APPROVAL OF SPECIAL EVENT LICENSE AND USE OF CITY PARK FOR MOAB CHARTER SCHOOL APPROVAL OF SPECIAL EVENT LICENSE AND SPECIAL USE OF CITY PARK FOR RULE THE ROCKS GRANTING OF LOCAL CONSENT FOR A LIQUOR LICENSE FOR ARCHES THAI RESTAURANT GRANTING OF LOCAL CONSENT FOR A LIMITED SERVICE LIQUOR LICENSE FOR EL CHARRO LOCO RESTAURANT MOTION TO APPROVE PROPOSED ORDINANCE #2016- Agenda Page 6 of 159 17.09.530 B and 17.09.531(9) by Amending the Conditions for the Approval of Bed and Breakfasts as a Conditional Use. Councilmember Bailey seconded the motion. Councilmember Derasary made a Substitute motion to approve Ordinance #2016-02 with the amendment to have onsite managers in place of owners in Commercial Zones. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Bailey made a motion to send Ordinance # 2016-03- An Ordinance Approving a City Initiated Rezoning of Property Located at 110 South and 200 East in the C-1 Zone to C-2 and Amending the Official Zoning Map, to a Second Reading. 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 the Nonpoint Source Grant Agreements between the Utah Department of Environmental Quality and the City of Moab for the Pack Creek Stream Bank Restoration Project. 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 Accept the Petition for Annexation for Randy Day located at approximately 400 East and Raspberry Lane. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Under Mayor and Council Reports, Councilmember Derasary mentioned that she attended an ASAP meeting as well as the Canyonlands Watershed meeting. Councilmember Ershadi reported that she attended the Grand County Conservation District meeting. Councilmember Knuteson-Boyd mentioned that she attended the Housing Authority of Southeastern Utah meeting. Councilmember Jones reported that he attended three Throttle Down in Town meetings, a Moab City Planning Commission Meeting, a Community Compost meeting and a Solid Waste District Meeting. April 26, 2016 Page 3 of 4 02 SUBSTITUTE MOTION TO APPROVE PROPOSED ORDINANCE # 2016-02 WITH AMENDMENTS, APPROVED ORDINANCE #2016-03-SENT TO SECOND READING, APPROVED APPROVAL OF NONPOINT SOURCE GRANT AGREEMENTS WITH UTAH DEPARTMENT OF ENVIRONMENTAL CONTROL ACCEPTANCE OF PETITION FOR ANNEXATION MAYOR AND COUNCIL REPORTS Agenda Page 7 of 159 Councilmember Bailey reported that the MAPS (Moab Area Partnership for Seniors) committee has been reactivated. There was no correspondence to be read. Under Administrative Report, City Manager Davidson gave a written report. A Report on City/County Cooperation was not given. Councilmember Derasary moved to approve the bills against the City in the amount of $389,417.00. 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 enter an Executive Session at 8:30 pm for the purpose of Discussing the Character, Professional Competence or Physical or Mental Health of an Individual. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Ershadi made a motion to close the Executive Session at 9:45 PM. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson- Boyd and Derasary voting aye. Mayor Sakrison adjourned the meeting at 9:45 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder April 26, 2016 Page 4 of 4 READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS EXECUTIVE SESSION ENTERED EXECUTIVE SESSION CLOSED ADJOURNMENT Agenda Page 8 of 159 MOAB CITY COUNCIL SPECIAL JOINT CITY/COUNTY COUNCIL MEETING April 29, 2016 The Moab City Council held a Special Joint City/County Council Meeting on the above date in the Conference Room at the Grand Center located at 182 North 500 West, Moab, Utah. Mayor Pro-Tem Bailey called the Special Meeting to order at 11:42 AM. In attendance from the City were Councilmembers Heila Ershadi, Tawny Knuteson-Boyd, Rani Derasary and Kalen Jones. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta, City Community Services Director Amy Weiser, City Engineer Phillip Bowman and City Planner Jeff Reinhart. Grand County attendees were Councilmembers Elizabeth Tubbs, Mary McGann, Jaylyn Hawks and Chris Baird. Twelve (12) members of the audience were present. Granting of Local Consent for a Single Event Alcohol Permit for the Moab Valley Multi -Cultural Center to Conduct an Event on May 7, 2016 Located at 182 North 500 West was cancelled by the applicant. An update on Affordable Housing was given by Zacharia Levine. Discussion followed. Jason Johnson, the Southeast Area Manager of the Division of Forestry, Fire and State Lands introduced Cody Greaves, the new Fire Warden. A discussion of Wildland Fire Policy followed. A Discussion about annexation and growth area between City and County was postponed. Mayor Pro-Tem Bailey adjourned the meeting at 1:20 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder April 29, 2016 Page 1of1 SPECIAL MEETING CALLED TO ORDER AND ATTENDANCE LOCAL CONSENT FOR SINGLE EVENT ALCOHOL PERMIT UPDATE ON AFFORDABLE HOUSING INTRODUCTION OF NEW FIRE WARDEN DISCUSSION ON ANNEXATION AND GROWTH ADJOURNMENT Agenda Page 9 of 159 MOAB CITY COUNCIL SPECIAL CITY COUNCIL MEETING May 12, 2016 The Moab City Council held a Special City Council Meeting on the above date in the Moab City Council Chambers at 217 East Center Street, Moab, Utah. Mayor Sakrison called the Special Meeting to order at 5:30 PM. In attendance were Councilmembers Heila Ershadi, Tawny Knuteson- Boyd, Kyle Bailey, Rani Derasary and Kalen Jones. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta, City Engineer Phillip Bowman and City Attorney Chris McAnany, by phone. Two (2) members of the audience were present. Councilmember Bailey moved to approve the Revised Bonderman Land Agreement. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. SPECIAL MEETING CALLED TO ORDER AND ATTENDANCE BONDERMAN LAND AGREEMENT -APPROVED Councilmember Bailey moved to adjourn the Special Meeting at 5:54 ADJOURNMENT PM. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Mayor Sakrison adjourned the meeting at 5:54 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder Agenda Page 10 of 159 CITY OF MOAB, UTAH START BY BELIEVING DA" FIRST WEDNESDAY OF APRIL ANNUALLY PROCLAMATION Annual Start by Believing Day (;,'N)11 Whereas, the City of Moab shares a critical concern for victims of sexual violence and a desire to support their needs for justice and healing; and Whereas, current estimates suggest no more than 20 percent of sexual assaults will be reported to law enforcement and less than 3 percent will result in the conviction and incarceration of the perpetrator, and Whereas, research documents that victims are far more likely to disclose their sexual assault to a friend or family member, and when these loved ones respond with doubt, shame, or blame, victims suffer additional negative effects on their physical and psychological well-being; and Whereas, the Start by Believing public awareness campaign (a program of End Violence Against Women International) is designed to improve the responses of friends, family members, and community professionals, so they can help victims to access supportive resources and engage the criminal justice system; Now Therefore, Be it Proclaimed , 1, David L. Sakrison, Mayor of Moab City do hereby declare the first Wednesday of April each year to be Start by Believing Day throughout the City of Moab. Mayor David L. Sakrison May 24, 2016 Rachel E. Stenta, City Recorder May 24, 2016illiill Page 11 of 159 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING May 24, 2016 Agenda ltem #: 5-1 Title: 2oz6 CDBG Proposed Project Public Hearing Fiscal Impact: None Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Recorder Applicant: Housing Authority of Southeastern Utah (HASU) Background/Summary: As you may know, the Community Development Block Grant (CDBG) program is annual project grant funding that is administered by the Southeastern Utah Association of Local Government. For the past few years, HASU has applied through the City for their projects as funding can only be awarded to local government agencies. We conducted a public solicitation process last December to identify potential projects and HASU has chosen a project. Another public hearing is required to solicit feedback on the proposed project. As a "pass -through" funding agency, there is no fiscal impact to the City. Ben Riley from the Housing Authority of Southeastern Utah will answer any questions regarding the proposed project. Options: Public Solicitation Staff Recommendation: Recommended Motion: None Attachment(s): E-mail from Ben Riley at HASU describing the proposed project Copy of public notice 1 Agenda Page 12 of 159 City of Moab Community Development Block Grant (CDBG) Second Public Hearing Notice The City of Moab will hold a public hearing to discuss the project determined to be applied for in the CDBG Small Cities Program Year 2016 - acquisition of property on Kane Creek Blvd, by the Housing Authority of Southeastern Utah, through the City of Moab. Comments will be solicited on project scope, implementation and its effects on residents. The hearing will be at approximately 7:15 PM on Tuesday, May 24, 2016 and will be held at the Moab City Council Chambers at 217 East Center Street. Further information can be obtained by contacting the Moab City Manager, Rebecca Davidson at 259-5121 or Housing Authority of Southeastern Utah Executive Director, Benjamin Riley at 259-5891. In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during these hearings should notify Rachel Stenta at the City at least three days prior to the hearing that will be attended. Individuals with speech and/or hearing impairments may call the Relay Utah by dialing 711 and the Spanish Relay Utah is 1-888-346-3162. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, May 12 and 19, 2o16. Agenda Page 13 of 159 5/3/2016 City of Moab Mail - RE: CDBG Second Public Hearing Notice.docx Gr�aif n,,C oosk- RE: CDBG Second Public Hearing Notice.docx 1 message Rachel Stenta <rstenta@moabcity.org> Benjamin Riley <benriley@frontier.com> Mon, May 2, 2016 at 2:41 PM To: Rachel Stenta <rstenta@moabcity.org>, Amy Weiser <aweiser@moabcity.org> The project is acquisition of a three -acre parcel located on Kane Creek Blvd to be developed into an affordable multi -family townhome development. At this point we are hoping the parcel will fit 12 units but further investigation after state staff environmental review is complete we'll know more. Hopefully that's enough. Sorry to get back to you so late, I've been in meetings this afternoon. Benjamin Riley Executive Director Housing Authority of Southeastern Utah (435) 259-5891 (435) 259-4938 (fax) (435) 260-2677 (cell) www.hasuhomes.org From: Rachel Stenta [mailto:rstenta@moabcity.org] Sent: Monday, May 02, 2016 2:01 PM To: Benjamin Riley; Amy Weiser Subject: Re: CDBG Second Public Hearing Notice.docx Hi Ben: Thanks for sending the ad. We place our public notices and also publish them online. I will make adjustments and send you back a final version. Also, we generally have a brief project description in a memo form for the City Council. The c hearing was the solicitation of prifigyecitsesg I don't think I have anything on the nttps:iim ai i.googi e.com/m ai I/u/0/?ui=2&i k=0bf0a4325f&view=pt&search=i nbox&th=154736b15394427f&si m 1=154736b15394427f Agenda 1/2 5/3/2016 City of Moab Mail - RE: CDBG Second Public Hearing Notice.docx selected project. Could you forward a project description or summary? Thanks. Rachel E. Stenta Moab City Recorder Assistant City Manager (435) 259-2683 On Mon, May 2, 2016 at 10:30 AM, Benjamin Riley <benriley@frontier.com> wrote: Rachel, I had already printed up the notice for the paper. Will you take a look and let me know if you need anything else for your agenda summary? Also, does the City always post the public notice for all public hearings or should I get with the Times and have it published? Thanks, Benjamin Riley Executive Director Housing Authority of Southeastern Utah (435) 259-5891 (435) 259-4938 (fax) (435) 260-2677 (cell) www.hasuhomes.org Agenda Page 15 of 159 nttps:nm ai i.googi e.com/m ai I/u/0/?ui =2&i k=0bf0a4325f&view=pt&search=i nbox&th=154736b15394427f&si m 1=154736b15394427f 2/2 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING May 24, 2016 Age Item #: 5-2 Title: Solicitation of Public Input on Proposed Resolution #16-2016—A Resolution Adopting the Fiscal Year 2016-2017 Budget Fiscal Impact: Citywide Budget Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Recorder Applicant: N/A Background/Summary: At the last meeting the City Council adopted the Tentative Budget for Fiscal Year 2o16- 2o17. This public hearing is the next step in the budget process to solicit public input on the proposed budget. Changes can be made to the budget after the public hearing. Some projects that were anticipated for completion this fiscal year were not completed and will need to be carried over to next year's budget — for example the 400 North Sanitary Sewer Replacement project. These carryover changes will need to be made prior to budget adoption. You will receive a summary of all carryover items prior to our next meeting. The budget is scheduled for adoption at the June 24, 2o16 Regular Council Meeting Options: Public Solicitation Staff Recommendation: Recommended Motion: None Attachment(s): Copy of public notice Proposed Resolution 16-2016 FY 2o16-2o17 Tentative Budget J Agenda Page 16 of 159 CITY OF MOAB PUBLIC HEARING PROPOSED RESOLUTION #16-2016 — A RESOLUTION ADOPTING THE FISCAL YEAR 2016/2017 The City of Moab will hold a Public Hearing on Tuesday, May 24, 2016 at approximately 7:15 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input on Proposed Resolution #16- 2016 — A Resolution Adopting the Fiscal Year 2016/2017 Budget. 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. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, May 12 and 19, 2016. Agenda R:\Notices\2016\BUDGET FY 2016-2017.docx Page 17 of 159 RESOLUTION # 16-2016 A RESOLUTION ADOPTING THE FISCAL YEAR 2016/2017 BUDGET WHEREAS, The City of Moab adopts the 2016/2017 Fiscal Year Budget presented to the Mayor and City Council as follows: FUNDS REVENUES EXPENDITURES 1. GENERAL FUND $ 9,918,081 $ 9,918,081 2. CLASS "C" ROAD FUND $ 600,100 $ 600,100 3. RECREATION FUND $ 553,410 $ 553,410 4. COMMUNITY DEVELOPMENT $ 698,356 $ 698,356 5. MILLCREEK PROJECT FUND $ 0 $ 0 8. REDEVELOPMENT AGENCY FUND $ 0 $ 0 9. CAPITAL PROJECTS FUND $ 2,336,159 $ 2,336,159 10. SANITATION CAPITAL PROJECTS FUND $ 0 $ 0 11. ENTERPRISE FUND (WATER) $ 3,420,176 $ 849,837 12. ENTERPRISE FUND (SEWER) $ 5,529,760 $ 1,134,099 13. ENTERPRISE CAPITAL PROJECTS $ $ 7,301,000 14. STORM WATER UTILITY FUND $ 1,222,095 $ 77,905 15. STORM WATER UTILITY CAPITAL PROJECTS $ $ 1,200,000 16. YOUTH CITY COUNCIL FUND $ 0 $ 0 NOW, THEREFORE BE IT RESOLVED, that the minutes of the meeting held June 14, 2016 are ordered to show the adoption of the proposed Fiscal Year 2016/2017 Budget Funds, as presented to the Mayor and City Council. PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 141 day of June, A.D., 2016. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City of Moab #16-2016 June 14, 2016 Agenda Page 18 of 159 MOAB CITY CORPORATION Council Public Hearing 10 10 General Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing Change In Net Position Revenue: Taxes 31300 SALES & USE TAXES 1,820,467 31400 FRANCHISE TAXES 153,351 31500 HIGHWAY TAXES 701,696 31600 TRANSIENT ROOM TAXES 1,082,140 31700 RESORT COMMUNITY TAXES 3,474,676 31800 ENERGY TAXES 168,552 38722 ANIMAL SHELTER SALES TAX 0 Total Taxes 7,400,882 Licenses and permits 32110 BEER LICENSES 8,700 32160 FLAT BUSINESS LICENSES 48,000 32209 SIGN PERMITS 1,200 32210 BUILDING PERMITS - CITY 53,000 32211 BUILDING PERMITS - COMMERCIAL 42,000 32212 1% BLDG PERMIT CHARGE 950 32213 PLAN CHECK FEES 5,000 32290 OTHER LICENSES & PERMITS 500 Total Licenses and permits 159,350 Intergovernmental revenue 33580 STATE LIQUOR FUND ALLOTMENT 28,000 36972 HOMELAND SECURITY GRANT 0 36973 MISC STATE GRANTS 25,000 36974 SAN JUAN CO. CONTRIBUTION 5,000 37100 GRAND COUNTY CONTRIBUTION 72,301 37110 GCRSSD RECREATION CTR CONTRIBUTION 25,000 Total Intergovernmental revenue 155,301 Charges for services 34001 SPECIAL SERVICES BY CITY DEPTS 22,699 34005 POLICE SERVICES/SHIFTS 30,000 34020 RESTITUTION PAID 0 34200 GARBAGE BILLING / COLLECTION 45,000 34430 REFUSE COLLECTION CHARGES 900,000 34510 FILM COMM - SPECIAL EVENT FEES 0 34730 ANIMAL SHELTER FEES 8,500 34740 ANIMAL SHELTER INTERLOCAL 14,500 Total Charges for services 1,020,699 MRAC 34711 MRAC - FITNESS ADMISSIONS 4,000 34712 MRAC - FITNESS MEMBERSHIPS 23,000 34713 MRAC - CITY EMPLOYEES 700 34714 MRAC - SILVER SNEAKERS MEMBERSHIPS 10,000 34715 MRAC - SWIM TEAM 3,000 34716 MRAC - AQUATIC SPORTS 0 34717 MRAC - SHOWERS 35,000 34718 MRAC - CASH OVER/SHORT 0 34719 MRAC - EMPLOYEE WELLNESS DISCOUNT 0 34720 MRAC - ADMISSIONS/AQUATIC 90,000 34721 MRAC - ADMISSIONS/AQUAT & FITNESS 1,500 34722 MRAC - RETAIL 7,500 34723 MRAC - PROGRAM FEES/ AQUATIC 15,000 34723.1 MRAC PRIVATE SWIM LESSONS 0 34724 MRAC - PROGRAM FEES/FITNESS 7,500 34725 MRAC - CHILD CARE FEES 2,000 34726 MRAC - MEMBERSHIPS/AQUATIC 37,500 34727 MRAC - MEMBERSHIPS/AQUAT & FITNESS 70,000 34728 MRAC - RENTAL FEES 5,000 34729 MRAC - SPECIAL EVENT FEES 1,000 Total MRAC 312,700 Fines and forfeitures '"'T---'^Z MANAGEMENT USE ONLY Agenda Page 1 Page 19 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 10 10 General Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 35010 FINES, FORFEITURES & PENALTIES 80,000 35050 A/R 30-DAY PENALTIES 0 37200 FORFEITURES 3,000 Total Fines and forfeitures 83,000 Interest 36110 INTEREST INCOME 30,000 36111 INTEREST PTIF 0 Total Interest 30,000 Miscellaneous revenue 36160 PROCEEDS FROM LT DEBT 0 36200 PARK RENTALS 10,000 36220 FILM COMM - SPONSOR/DONATION 0 36226 FILM COM. - EQUIP RENTAL FEES 0 36400 SALE OF REAL/PERS. PROPERTY 5,000 36401 INSURANCE REBATE 10,000 36420 EMPLOYEE MEDICAL CAFE RESIDUAL 50,136 36450 SIDEWALK PERMITS 0 36500 SALE OF MATERIALS & SUPPLIES 0 36900 OTHER 500 36901 DONATIONS 0 36902 REBATES 500 36940 REAL ESTATE TRANSFER ASSESSMNT 0 36950 Unrealized gain/loss on bonds 0 36970 INSURANCE INCOME 0 36975 SAFETY GRANT 2,513 38260 ANIMAL DEPOSITS NON -OPERATING 1,500 38721 ANIMAL SHELTER - SUNDRY RESALE 0 Total Miscellaneous revenue 80,149 Contributions and transfers 39920 OVERHEAD PAID FROM SWD ENT FND 4,000 39930 OVERHEAD PAID FROM ENT. FUND 365,000 39940 GENERAL FUND BEG. BALANCE 307,000 39950 TRANSFER FROM OTHER FUNDS 0 Total Contributions and transfers 676,000 Total Revenue: 9,918,081 Expenditures: General government General 41610 General SALARIES & WAGES 0 41611 General SALARY DIFFERENTIAL (SURVEY) 189,781 41613 General EMPLOYEE BENEFITS 0 41621 General SUBSCRIPTIONS & MEMBERSHIPS 0 41622 General PUBLIC NOTICES 0 41623 General TRAVEL/FOOD 5,300 41624 General OFFICE EXPENSE & SUPPLIES 100 41625 General EQUIP./SUPPLIES & MAINTENANCE 400 41626 General BLDG/GRDS- SUPPL & MAINTENANCE 0 41627 General UTILITIES 40,000 41628 General TELEPHONE/INTERNET 38,735 41629 General RENT OF PROPERTY OR EQUIPMENT 2,000 41630 General MONTHLY FUEL - GASCARD 1,300 41631 General PROFESSIONAL & TECHNICAL 14,000 41635 General SHIPPING/FREIGHT 0 41646 General SPECIAL DEPARTMENTAL SUPPLIES 400 41651 General INSURANCE 127,000 41674 General MACHINERY & EQUIPMENT 0 Total General 419,016 Executive and Central Staff 41310 Exec SALARIES & WAGES 54,300 41313 Exec EMPLOYEE BENEFITS 25,488 41321 Exec SUBSCRIPTIONS & MEMBERSHIPS 6,000 41323 Exec TRAVEL\FOOD 7,500 MANAGEMENT USE ONLY Agenda Page 2 Page 20 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 10 10 General Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 41324 Exec OFFICE EXPENSE & SUPPLIES 1,000 41325 Exec EQUIP/SUPPLIES & MAINTENANCE 500 41328 Exec TELEPHONE 2,000 41331 Exec PROFESSIONAL/TECHNICAL SERVICE 5,000 41333 Exec EDUCATION 5,000 41335 Exec SHIPPING\FREIGHT 0 41346 Exec SPECIAL DEPARTMENTAL SUPPLIES 2,000 41374 Exec MACHINERY & EQUIPMENT 0 Total Executive and Central Staff 108,788 Administrative 41410 Admin SALARIES & WAGES 171,851 41413 Admin EMPLOYEE BENEFITS 77,916 41415 Admin OVERTIME 300 41416 Admin UNEMPLOYMENT 4,000 41417 Admin EMPLOYEE BONUS PROGRAM 6,000 41421 Admin SUBSCRIPTIONS & MEMBERSHIPS 1,300 41422 Admin PUBLIC NOTICES 0 41423 Admin TRAVEL\FOOD 7,700 41424 Admin OFFICE EXPENSE & SUPPLIES 2,000 41425 Admin EQUIP/SUPPLIES & MAINTENANCE 300 41428 Admin TELEPHONE 0 41430 Admin MONTHLY FUEL - GASCARD 0 41431 Admin PROFESSIONAL/TECH. SERVICE 96,916 41433 Admin EDUCATION 2,000 41435 Admin SHIPPING\FREIGHT 0 41446 Admin SPECIAL DEPARTMENTAL SUPPLIES 400 41474 Admin MACHINERY & EQUIPMENT 2,000 41475 Admin GRANT EXPENSES 500 Total Administrative 373,183 Recorder 41510 Recorder SALARIES & WAGES 320,797 41513 Recorder EMPLOYEE BENEFITS 179,914 41515 Recorder OVERTIME 2,000 41521 Recorder SUBSCRIPTIONS/MEMBERSHIPS 4,222 41522 Recorder PUBLIC NOTICES 5,500 41523 Recorder TRAVEL\FOOD 5,672 41524 Recorder OFFICE EXPENSE & SUPPLIES 7,500 41525 Recorder EQUIP./SUPPLIES & MAINTENANCE 0 41528 Recorder TELEPHONE 0 41531 Recorder PROFESSIONAL & TECH. SERVICES 56,302 41533 Recorder EDUCATION 6,700 41535 Recorder SHIPPING\FREIGHT 0 41546 Recorder SPECIAL DEPARTMENTAL SUPPLIES 2,250 41550 Recorder COPIER SUPPLIES 13,486 41574 Recorder MACHINERY & EQUIPMENT 0 415810 LEASE PRINCIPAL 0 415820 LEASE INTEREST 0 Total Recorder 604,343 Information Technology 43024 Info Tech - OFFICE EXPENSE & SUPPLIES 10,000 43031 Info Tech PROF & TECH SERVICES 29,380 43031.1 Info Tech WEBSITE 25,000 43031.2 Info Tech GOOGLE FOR GOVERNMENT 15,000 43031.3 Info Tech SECURITY APPLIANCE 5,000 43046 Info Tech SPECIAL DEPT SUPPLIES 5,000 43074 Info Tech MACHINERY & EQUIPMENT 30,000 Total Information Technology 119,380 Elections 41722 Election PUBLIC NOTICES 0 41723 Election TRAVEL 0 41729 Election RENTAL - VOTING POLLS/PAGER 0 41731 Election PROFESSIONAL/TECH - PRIMARY 0 41732 Election PROFESSIONAL/TECH - GENERAL 0 MANAGEMENT USE ONLY Agenda Page 3 Page 21 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 10 10 General Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 41733 Election EDUCATION - INITIATIVE 0 41734 Election EDUCATION - PRIMARY/GENERAL 0 41735 Election CARR PRINTING EXPENSES 0 41736 Election ELECTION DINNERS - PRIMARY 0 41737 Election ELECTION DINNERS - GENERAL 0 41746 Election SPECIAL DEPT'L - PRIMARY 0 41747 Election SPECIAL DEPT'L - GENERAL 0 41774 Election MACHINERY & EQUIPMENT 0 Total Elections 0 Engineering 41910 Engineer SALARIES & WAGES 306,455 41913 Engineer BENEFITS 162,170 41915 Engineer OVERTIME 5,000 41921 Engineer SUBSCRIPTIONS & MEMBERSHIPS 12,500 41922 Engineer PUBLIC NOTICES 0 41923 Engineer TRAVEL 4,200 41924 Engineer OFFICE EXPENSE & SUPPLIES 4,500 41925 Engineer EQUIP/SUPPLIES & MAINTENANCE 0 41928 Engineer TELEPHONE 0 41930 Engineer MONTHLY FUEL - GASCARD 0 41931 Engineer PROFESSIONAL & TECH. SERVICES 30,000 41931.1 Engineer PLAN REVIEW SERVICES 5,000 41933 Engineer EDUCATION 5,500 41935 Engineer SHIPPING\FREIGHT 0 41946 Engineer SPECIAL DEPTARTMENTAL SUPPLIES 2,000 41974 Engineer MACHINERY & EQUIPMENT 0 Total Engineering 537,325 Treasurer 42010 Treasurer SALARIES & WAGES 113,192 42013 Treasurer EMPLOYEE BENEFITS 62,577 42015 Treasurer OVERTIME 250 42021 Treasurer SUBSCRIPTIONS & MEMBERSHIPS 700 42023 Treasurer TRAVEL 1,500 42024 Treasurer OFFICE EXPENSE & SUPPLIES 12,425 42025 Treasurer EQUIPMENT SUPPL. & MAINTENANCE 200 42028 Treasurer TELEPHONE 0 42031 Treasurer PROFESSIONAL & TECH. SERVICES 7,000 42033 Treasurer EDUCATION 1,000 42035 Treasurer SHIPPING\FREIGHT 200 42036 Treasurer BANK HANDLING CHARGES 26,000 42046 Treasurer SPECIAL DEPARTMENTAL SUPPLIES 2,700 42051 Treasurer INSURANCE 1,750 42063 Treasurer CASH OVER & SHORT 0 42074 Treasurer MACHINERY & EQUIPMENT 0 Total Treasurer 229,494 Total General government 2,391,529 Public safety Police 42110 Police SALARIES & WAGES 959,589 42111 Police MOVIE\SECURITY WAGES 30,000 42113 Police EMPLOYEE BENEFITS 674,716 42114 Police OTHER BENEFITS- U/ALLOWANCES 16,680 42115 Police OVERTIME 55,500 42116 Police UNEMPLOYMENT 0 42118 Police OFFICER EQUIP/PAYROLL DEDUCT 0 42121 Police SUBSCRIPTIONS & MEMBERSHIPS 15,406 42123 Police TRAVEL\FOOD 25,363 42124 Police OFFICE EXPENSE & SUPPLIES 11,992 42125 Police EQUIPMENT-SUPPL. & MAINTENANCE 48,605 42126 Police BLDG/GRDS-SUPPL. & MAINTENANCE 10,000 42128 Police TELEPHONE 18,000 42129 Police RENT OF PROPERTY OR EQUIPMENT 6,666 42130 Police MONTHLY FUEL - GASCARD 64,500 MANAGEMENT USE ONLY Agenda Page 4 Page 22 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 10 10 General Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 42131 Police PROFESSIONAL & TECH. SERVICES 5,275 42133 Police EDUCATION 19,710 42135 Police SHIPPING\FREIGHT 0 42136 Police DISPATCH SERVICES 76,000 42137 Police DRUG ENFORCEMENT 0 42146 Police SPECIAL DEPARTMENTAL SUPPLIES 29,227 42169 Police Lease payments 0 42172 Police SPECIAL EVENTS 0 42173 Police D.A.R.E. - EQUIP. & SUPPLIES 2,000 42174 Police MACHINERY & EQUIPMENT 0 421810 LEASE PRINCIPAL 0 421820 LEASE INTEREST 0 Total Police 2,069,229 Attorney 42231 Attorney PROFESSIONAL & TECH. SERVICES 85,000 42231.1 Attorney PUBLIC DEFENDER 24,000 42231.2 Attorney PROSECUTION SERVICES 36,000 Total Attorney 145,000 Narcotics Task Force 42310 Narcotics SALARIES & WAGES 0 42313 Narcotics EMPLOYEE BENEFITS 0 42314 Narcotics OTHER BENEFITS- U/ALLOWANCES 0 42315 Narcotics OVERTIME 0 42321 Narcotics SUBSCRIPTIONS/MEMBERSHIPS 0 42323 Narcotics TRAVEL 0 42324 Narcotics OFFICE SUPPLIES 0 42325 Narcotics EQUIP/SUPPLIES & MAINTENANCE 0 42328 Narcotics TELEPHONE 0 42330 Narcotics MONTHLY FUEL - GASCARD 0 42331 Narcotics PROFESSIONAL/TECHNICAL SERVICE 0 42333 Narcotics EDUCATION 0 42335 Narcotics SHIPPING\FREIGHT 0 42346 Narcotics SPECIAL DEPARTMENTAL SUPPLIES 0 42369 Narcotics LEASE PAYMENT 0 42370 Narcotics FORFEITURES 0 42374 Narcotics MACHINERY & EQUIPMENT 0 Total Narcotics Task Force 0 Beer Tax Funds Eligible Expenses 42510 Beer Tax SALARIES & WAGES 11,300 42513 Beer Tax EMPLOYEE BENEFITS 8,700 42531 Beer Tax PROFESSIONAL & TECH. SERVICES 8,000 42546 Beer Tax SPECIAL DEPARTMENTAL SUPPLIES 0 42574 Beer Tax EQUIPMENT 0 Total Beer Tax Funds Eligible Expenses 28,000 Inspections 42431 Inspection PROFESSIONAL & TECH. SERVICES 125,000 42475 Inspection SPECIAL PROJECTS 0 Total Inspections 125,000 Animal control 42610 Animal Ctl SALARIES & WAGES 109,527 42613 Animal Ctl EMPLOYEE BENEFITS 80,795 42614 Animal Ctl OTHER BENEFIT - U/ALLOWANCES 2,880 42615 Animal Ctl OVERTIME 11,500 42621 Animal Ctl SUBSCRIPTIONS & MEMBERSHIPS 1,660 42623 Animal Ctl TRAVEL\FOOD 1,770 42624 Animal Ctl OFFICE EXPENSE & SUPPLIES 1,500 42625 Animal Ctl EQUIPMENT-SUPPL. & MAINTENANCE 15,500 42628 Animal Ctl TELEPHONE 4,275 42630 Animal Ctl MONTHLY FUEL - GASCARD 9,100 42631 Animal Ctl PROFESSIONAL & TECH. SERVICES 5,900 42633 Animal Ctl EDUCATION 1,600 42635 Animal Ctl SHIPPING\FREIGHT 0 MANAGEMENT USE ONLY Agenda Page 5 Page 23 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 10 10 General Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired 42646 Animal Ctl SPECIAL DEPARTMENTAL SUPPLIES 42669 Animal Ctl Lease payments 42674 Animal Ctl MACHINERY & EQUIPMENT Total Animal control FY 2016-2017 Council Public Hearing 3,800 0 1,700 251,507 Animal Shelter 42710 Animal Shltr SALARIES & WAGES 0 42713 Animal Shltr EMPLOYEE BENEFITS 0 42714 Animal Shltr OTHER BENEFITS- U/ALLOWANCES 0 42715 Animal Shltr OVERTIME 0 42722 Animal Shltr PUBLIC NOTICES 0 42724 Animal Shltr OFFICE EXPENSE & SUPPLIES 0 42725 Animal Shltr EQUIP/SUPPLIES & MAINTENANCE 0 42726 Animal Shltr BLDG/GRDS-SUPPLIES & MAINT. 0 42727 Animal Shltr UTILITIES 0 42728 Animal Shltr TELEPHONE 0 42730 Animal Shltr MONTHLY FUEL - GASCARD 0 42731 Animal Shltr PROFESSIONAL/TECHNICAL SERVICE 0 42733 Animal Shltr EDUCATION 0 42735 Animal Shltr SHIPPING\FREIGHT 0 42746 Animal Shltr SPECIAL DEPARTMENTAL SUPPLIES 0 42769 Animal Shltr Lease payments 0 42774 Animal Shltr MACHINERY & EQUIPMENT 0 Total Animal Shelter 0 Total Public safety 2,618,736 Facilities Streets 44010 Streets SALARIES & WAGES 351,769 44013 Streets EMPLOYEE BENEFITS 260,947 44015 Streets OVERTIME 8,200 44016 Streets UNEMPLOYMENT 390 44021 Streets SUBSCRIPTIONS & MEMBERSHIPS 2,030 44022 Streets PUBLIC NOTICES 0 44023 Streets TRAVEL 6,300 44024 Streets OFFICE EXPENSE & SUPPLIES 5,500 44025 Streets EQUIPMENT-SUPPL. & MAINTENANCE 25,000 44026 Streets BLDG/GRDS-SUPPL. & MAINTENANCE 30,700 44027 Streets UTILITIES 18,100 44028 Streets TELEPHONE 4,700 44029 Streets RENT OF PROPERTY OR EQUIPMENT 2,900 44030 Streets MONTHLY FUEL - GASCARD 37,250 44031 Streets PROFESSIONAL & TECH. SERVICES 9,500 44033 Streets EDUCATION 5,250 44035 Streets SHIPPING\FREIGHT 500 44042 Streets STREET LIGHTS 99,500 44046 Streets SPECIAL DEPARTMENTAL SUPPLIES 28,200 44069 Streets Lease payments 0 44074 Streets MACHINERY & EQUIPMENT 0 44077 Street SPECIAL PROJECTS 0 440810 Street LEASE PRINCIPAL 0 440820 Streets LEASE INTEREST 0 Total Streets 896,736 Facilities 44310 Facilities SALARIES & WAGES 159,829 44313 Facilities EMPLOYEE BENEFITS 125,330 44315 Facilities OVERTIME 0 44326 Facilities BLDG/GRDS-SUPPL & MAINT 9,500 44327 Facilities UTILITIES 0 Total Facilities 294,659 Safety 44121 Safety SUBSCRIPTIONS & MEMBERSHIPS 3,895 44123 Safety TRAVEL 2,195 44125 Safety EQUIP/SUPPLIES & MAINTENANCE 8,405 MANAGEMENT USE ONLY Agenda Page 6 Page 24 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 10 10 General Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 44128 Safety TELEPHONE 500 44131 Safety PROFESSIONAL & TECH. SERVICES 1,500 44133 Safety EDUCATION 4,485 44135 Safety SHIPPING\FREIGHT 600 44146 Safety SPECIAL DEPARTMENTAL SUPPLIES 28,400 44174 Safety MACHINERY & EQUIPMENT 0 44175 Safety SAFETY EQUIPMENT 0 Total Safety 49,980 Vehicle Maintenance 44410 Vehicle Maintenance SALARIES & WAGES 85,876 44413 Vehicle Maintenance - EMPLOYEE BENEFITS 70,751 44415 Vehicle Maintenance OVERTIME 0 44425 Vehicle Maintenance EQUIP/SUPPL & MAINT 0 Total Vehicle Maintenance 156,627 Sanitation 44231 Sanitation PROFESSIONAL & TECH. SERVICES 900,000 Total Sanitation 900,000 Total Facilities 2,298,002 Parks, recreation, and public property Parks Parks O&M 45110 Parks O&M SALARIES & WAGES 286,185 45113 Parks O&M EMPLOYEE BENEFITS 209,350 45115 Parks O&M OVERTIME 3,700 45121 Parks O&M SUBSCRIPTIONS & MEMBERSHIPS 750 45123 Parks O&M TRAVEL 1,500 45124 Parks O&M OFFICE EXPENSE & SUPPLIES 0 45125 Parks O&M EQUIPMENT-SUPPL. & MAINTENANCE 13,000 45126 Parks O&M BLDG/GRDS-SUPPL. & MAINTENANCE 21,000 45127 Parks O&M UTILITIES 57,184 45128 Parks O&M TELEPHONE 2,350 45129 Parks O&M RENTALS 750 45130 Parks O&M MONTHLY FUEL - GASCARD 20,000 45131 Parks O&M PROFESSIONAL & TECH. SERVICES 16,000 45133 Parks O&M EDUCATION 2,000 45135 Parks O&M SHIPPING/FREIGHT 750 45146 Parks O&M SPECIAL DEPARTMENTAL SUPPLIES 14,500 45168 Parks O&M TRAIL MAINTENANCE 0 45169 Parks O&M Lease payments 0 45173 Parks O&M PARK IMPROVEMENTS 3,500 45174 Parks O&M MACHINERY & EQUIPMENT 0 Total Parks O&M 652,519 Parks MGMT 45010 Parks MGMT SALARIES & WAGES 10,000 45013 Parks MGMT EMPLOYEE BENEFITS 765 45015 Parks MGMT OVERTIME 0 45021 Parks MGMT SUBSCRIPTIONS & MEMBERSHIPS 0 45023 Parks MGMT TRAVEL 0 45024 Parks MGMT OFFICE EXPENSE & SUPPLIES 0 45031 Parks MGMT PROFESSIONAL & TECH 10,000 Total Parks MGMT 20,765 Total Parks 673,284 Swimming Pool 45208 MRAC MAINTENANCE SALARIES 60,387 45209 MRAC LIFEGUARD SALARIES 134,457 45210 MRAC SALARIES & WAGES 204,243 45211 MRAC AQUATIC PROGRAM SALARIES 12,726 45212 MRAC FITNESS PROGRAM SALARIES 11,338 45213 MRAC EMPLOYEE BENEFITS 109,760 45215 MRAC OVERTIME 250 45216 MRAC UNEMPLOYMENT 0 MANAGEMENT USE ONLY Agenda Page 7 Page 25 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 10 10 General Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 45221 MRAC SUBSCRIPTIONS & MEMBERSHIPS 340 45222 MRAC LEGAL NOTICES/ADVERTISING 9,000 45223 MRAC TRAVEL 2,520 45224 MRAC OFFICE EXPENSE & SUPPLIES 4,500 45225 MRAC EQUIPMENT-SUPPL. & MAINTENANCE 15,000 45226 MRAC BLDG/GRDS-SUPPL. & MAINTENANCE 32,000 45227 MRAC UTILITIES 101,000 45228 MRAC TELEPHONE 6,000 45229 MRAC RENT OF PROPERTY OR EQUIPMENT 2,000 45231 MRAC PROFESSIONAL & TECH. SERVICES 17,350 45233 MRAC EDUCATION 5,000 45234 MRAC INSTRUCTIONAL MATERIALS/SUPP. 600 45235 MRAC SHIPPING\FREIGHT 3,500 45246 MRAC SPECIAL DEPARTMENTAL SUPPLIES 38,300 45261 MRAC SUNDRY EXPENSES -MISCELLANEOUS 6,500 45270 MRAC SWIM TEAM 3,000 45271 MRAC FITNESS PROGRAMS 0 45273 MRAC AQUATIC PROGRAMS 1,500 45274 MRAC - MACHINERY & EQUIPMENT 0 45275 MRAC SPECIAL EVENTS 1,000 Total Swimming Pool 782,271 Total Parks, recreation, and public property 1,455,555 Community Services Community Services 45310 Community Services SALARIES & WAGES 88,828 45313 Community Services EMPLOYEE BENEFITS 41,295 45323 Community Services TRAVEL 0 45324 Community Services OFFICE EXPENSE & SUPPLIES 0 45328 Community Services TELEPHONE 0 45331 Community Services PROF & TECHNICAL SERVICES 236,000 Total Community Services 366,123 Planning 41810 Planning SALARIES & WAGES 153,664 41813 Planning EMPLOYEE BENEFITS 84,434 41815 Planning OVERTIME 4,000 41821 Planning SUBSCRIPTIONS & MEMBERSHIPS 3,830 41822 Planning PUBLIC NOTICES 1,200 41823 Planning TRAVEL 4,700 41824 Planning OFFICE EXPENSE & SUPPLIES 4,400 41825 Planning EQUIPMENT-SUPPL. & MAINTENANCE 0 41828 Planning TELEPHONE 0 41830 Planning MONTHLY FUEL - GASCARD 1,000 41831 Planning PROFESSIONAL & TECH. SERVICES 101,000 41833 Planning EDUCATION 2,500 41835 Planning SHIPPING/FREIGHT 400 41846 Planning SPECIAL DEPARTMENTAL SUPPLIES 1,000 41874 Planning MACHINERY & EQUIPMENT 0 Total Planning 362,128 Film Commission 42810 Film Comm SALARIES & WAGES 62,204 42813 Film Comm EMPLOYEE BENEFITS 38,252 42815 Film Comm OVERTIME 0 42821 Film Comm SUBSCRIPTIONS & MEMBERSHIPS 982 42822 Film Comm PUBLIC NOTICES 2,100 42823 Film Comm TRAVEL 7,000 42824 Film Comm OFFICE EXPENSE & SUPPLIES 480 42825 Film Comm EQUIP./SUPPLIES & MAINTENANCE 774 42828 Film Comm TELEPHONE 1,350 42830 Film Comm MONTHLY FUEL - GASCARD 700 42831 Film Comm PROFESSIONAL & TECH. SERVICES 2,234 42833 Film Comm EDUCATION 1,150 42835 Film Comm SHIPPING\FREIGHT 580 42846 Film Comm SPECIAL DEPARTMENTAL SUPPLIES 314 MANAGEMENT USE ONLY Agenda Page 8 Page 26 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 10 10 General Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 42874 Film Comm MACHINERY & EQUIPMENT 1,050 42875 Film Comm SPECIAL PROJECTS 0 42876 Film Comm GRANT EXPENSES 0 Total Film Commission 119,170 Community Contributions 46024 Econ Dev RECYCLING SERVICES 0 46026 Econ Dev ARTS PROMOTION 7,000 46027 Econ Dev AFFORDABLE HOUSING 0 46075 Econ Dev SHELTER SERVICES 5,000 46076 MOAB INFORMATION CENTER 0 46077 Econ Dev MAYORS GRANTS 0 46082 Econ Dev SOUTHEASTERN ASSO. OF GOV. 2,500 46084 Econ Dev GRAND COUNTY/4TH JULY FIREWORK 5,000 Total Community Contributions 19,500 Total Community Services 866,921 Debt service 47111 CAPITAL LEASE PRINCIPAL 0 47112 CAPITAL LEASE INTEREST 0 47121 CAPITAL LEASE OFFSET CHARGES TO DEPTS 0 Total Debt service 0 Transfers and contributions out 48061 TRANS. TO CAPITAL PROJ. FUND 0 48071 TRANSFER TO MILLCREEK FUND 0 48086 CONTRIBUTION - RECREATION FUND 261,338 48090 TRANSFER TO STORM WATER UTIL 0 48097 TRANSFER TO CAPITAL PROJECTS 0 48098 CONTRIBUTION TO COMM DEV FUND 26,000 Total Transfers and contributions out 287,338 Total Expenditures: 9,918,081 Total Change In Net Position 0 '"'T---'^Z MANAGEMENT USE ONLY Agenda Page 9 Page 27 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 21 21 Class C Road Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired Change In Net Position Revenue: Taxes 33570 Class C TRANSPORTATION TAX Total Taxes FY 2016-2017 Council Public Hearing 150,000 150,000 Intergovernmental revenue 33560 Class C CLASS C ROAD FUND 180,000 Total Intergovernmental revenue 180,000 Interest 36100 Class C INTEREST INCOME 1,355 36160 PROCEEDS FROM LT DEBT 0 Total Interest 1,355 Miscellaneous revenue 36200 PROPERTY OWNER CONTRIBUTIONS 0 36325 SPECIAL SERVICES BY DEPT 0 Total Miscellaneous revenue 0 Contributions and transfers 3650 Proceeds on sale or trade of fixed assets 39561 Class C TRANS. FROM EQUITY-B.O.Y. RESV Total Contributions and transfers 0 268,745 268,745 Total Revenue: 600,100 Expenditures: Facilities Streets 40041 Class C SPECIAL DEPARTMENTAL SUPPLIES 68,000 40058 Class C ROADBASE - PATCHING 5,000 40070 Class C ASPHALT 0 40071 Class C OVERLAY 285,000 40072 Class C CRACK SEALING 32,500 40073 Class C - CONCRETE 200,000 40074 Class C MACHINERY & EQUIPMENT 0 400810 LEASE PRINCIPAL 0 400820 LEASE INTEREST 0 40169.1 Class C Equipment capital lease 9,600 40169.2 Class C Capital lease interest 0 Total Streets 600,100 Total Facilities 600,100 Total Expenditures: 600,100 Total Change In Net Position 0 '"'T---'^Z MANAGEMENT USE ONLY Agenda Page 10 Page 28 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 23 23 Recreation Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing Change In Net Position Revenue: Intergovernmental revenue 33561 GRAND COUNTY - RSSD 92,479 33563 SCHOOL DISTRICT 23,028 Total Intergovernmental revenue 115,507 Charges for services 34537 TOURNAMENT SOFTBALL - MEN'S 0 34538 TOURNAMENT SOFTBALL - YOUTH 0 34539 ADULT SOCCER 2,300 34540 VOLLEYBALL - ADULT COED 1,440 34545 VOLLEYBALL - WOMEN'S 0 34546 VOLLEYBALL - YOUTH SPRING 650 34563 ADULT COED SOFTBALL 2,250 34564 MENS SOFTBALL 0 34566 YOUTH/BASEBALL/SOFTBALL 17,428 34567 RECURRING TEAM MEMBERSHIPS 3,000 34568 YOUTH FOOTBALL 2,325 34569 SPRING YOUTH SOCCER 8,650 34570 FALL YOUTH SOCCER 2,835 34571 SOCCER CAMPS 150 34572 FOOT RACES 12,950 34573 SMART START 200 34574 INDOOR SOCCER - YOUTH 1,500 34575 ADULT BASKETBALL 450 34576 JR JAZZ BASKETBALL 3,670 34577 FLAG FOOTBALL 1,183 34578 MIDDLE SCHOOL FOOTBALL 1,750 34579 FLAG FOOTBALL - ADULT 600 34580 YOUTH VOLLEYBALL 2,005 34581 MIDDLE SCHOOL VOLLEYBALL 875 34583 YOUTH SPONSOR/BASEBALL 9,750 34585 PICKLEBALL 360 34586 DODGE BALL 0 34587 INDOOR SOCCER - ADULT 0 34599 MIDDLE SCHOOL TRVL BASEBALL 0 34600 CENTER ST. GYM FITNESS 400 66373 DODGEBALL 0 Total Charges for services 76,721 Moab arts & recreation 66150 MEMBERSHIP FEES 0 66160 PROGRAM FEES 6,500 66180 MATERIALS - TAXABLE 0 66210 GRANTS AND DONATIONS 13,344 66250 WORKSHOP FEES 0 66271 RENTAL FEES 34,000 66372 SPECIAL EVENTS FEES 46,000 Total Moab arts & recreation 99,844 Interest 36100 INTEREST INCOME 0 Total Interest 0 Miscellaneous revenue 36560 OTHER INCOME 36570 GRANTS AND DONATIONS Total Miscellaneous revenue 0 0 0 Contributions and transfers 33562 CITY OF MOAB 261,338 39535 RECREATION FUND BEG. BALANCE 0 39536 BEG FUND BAL MARC SETASIDE 0 39537 LOAN FROM GENERAL FUND 0 39540 TRANSFER FROM AFTER SCHOOL 0 Total Contributions and transfers 261,338 '"'Tr" — '—^Z MANAGEMENT USE ONLY Agenda Page 11 Page 29 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 23 23 Recreation Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing Teen Center 36210 TEEN CENTER DONATIONS/GRANTS 0 36220 TEEN CENTER PROGRAM FEES 0 36230 TEEN CENTER WORKSHOP FEES 0 36231 PREP PROGRAM GRANT 0 36571 CTC GRANT 0 36757 SAFE PASSAGE GRANT 0 Total Teen Center 0 Total Revenue: 553,410 Expenditures: Parks, recreation, and public property Recreation 64010 Recreation SALARIES - DIRECTOR/ASST. 146,863 64011 Recreation SALARY DIFFERENTIAL (SURVEY) 14,148 64013 Recreation EMPLOYEE BENEFITS 81,032 64015 Recreation OVERTIME 200 64016 Recreation UNEMPLOYMENT 0 64021 Recreation SUBSCRIPTIONS & MEMBERSHIPS 800 64022 Recreation ADVERTISING 3,500 64023 Recreation TRAVEL 0 64024 Recreation OFFICE EXPENSE & SUPPLIES 3,000 64025 Recreation - EQUIP SUPPLIES & MAINT 500 64028 Recreation TELEPHONE 2,200 64030 Recreation MONTHLY FUEL - GASCARD 650 64031 Recreation PROFESSIONAL & TECHNICAL 3,850 64033 Recreation EDUCATION 2,165 64035 Recreation OTHER 1,100 64036 Recreation DIRECTOR - TRAVEL 1,165 64037 Recreation DIRECTOR/EDUCATION 2,934 64046 Recreation SPECIAL DEPARTMENTAL SUPPLIES 175 64065 Recreation FINGER -PRINTING 820 64092 Recreation TURKEY TROT/EASTER EGG HUNT 2,700 95051 Recreation TRANSFER TO CAP PROJECTS 0 Total Recreation 267,802 Ski Program 64102 SMART START 0 64103 CENTER ST. GYM FITNESS 0 Total Ski Program 0 Soccer 64201 Soccer YOUTH SOCCER 5,510 64202 Soccer FALL SOCCER 1,100 64205 Soccer ADULT SOCCER 550 64209 Soccer INDOOR - YOUTH SOCCER 450 64210 Soccer WAGES SOCCER 1,052 64213 Soccer SOCCER REFEREE - WAGES 1,700 64215 Soccer INDOOR - YOUTH DIRECTOR SOCCER 0 Total Soccer 10,362 Adult Softball 64427 COED SOFTBALL 900 64435 MEN'S SOFTBALL 0 64436 MEN'S SOFTBALL TOURN/DIRECTOR 0 64437 MEN'S SOFTBALL TOURNAMENT 0 64438 MEN'S SOFTBALL TOURN.-UMPIRES 0 Total Adult Softball 900 Adult Volleyball 64601 CO-ED VOLLEYBALL 1,610 64602 VOLLEYBALL 0 64613 CO-ED VOLLEYBALL - DIRECTOR 0 64614 WOMEN'S VOLLEYBALL - DIRECTOR 0 Total Adult Volleyball 1,610 Basketball MANAGEMENT USE ONLY Agenda Page 12 Page 30 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 23 23 Recreation Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 64803 ADULT BASKETBALL 350 64804 JR JAZZ BASKETBALL 2,300 64805 JR. JAZZ REFEREE SERVICES 1,740 64807 MS BASKETBALL REFEREES 0 64813 Basketball EMPLOYEE BENEFITS 200 Total Basketball 4,590 Youth Volleyball 64901 YOUTH VOLLEYBALL 1,230 64902 MIDDLE SCHOOL VOLLEYBALL 1,470 64903 MIDDLE SCHOOL VOLLEYBALL 0 64904 YOUTH SPRING VOLLEYBALL - WAGES 300 64905 YOUTH SPRING VOLLEYBALL 225 Total Youth Volleyball 3,225 Youth Baseball/Softball 65111 Youth BB/SB WAGES- MAINTENANCE WORKERS 3,000 65112 Youth BB/SB WAGES- UMPIRES & SCOREKEEPERS 5,800 65113 Youth BB/SB EMPLOYEE BENEFITS 900 65123 Youth BB/SB BASEBALL STATE TOURN. EXPENSES 2,000 65125 Youth BB/SB EQUIPMENT -SUPPLIES & MAINT. 200 65126 Youth BB/SB BASEBALL FIELD MAINTENANCE 300 65158 MIDDLE SCHOOL TRVL BASEBALL 0 65173 FIELD MAINTENANCE EQUIPMENT 0 65174 YOUTH BASEBALL/SOFTBALL 17,000 65177 UTAH GIRLS SOFTBALL ASSOC 225 65178 UTAH BOYS BASEBALL ASSOCIATION 250 65180 PICKLEBALL 600 Total Youth Baseball/Softball 30,275 Youth Football 65213 Youth Football BENEFITS 300 65275 YOUTH FOOTBALL 4,250 65280 FLAG FOOTBALL 2,125 65281 FLAG FOOTBALL - ADULT 75 65285 MIDDLE SCHOOL FOOTBALL 993 65286 YOUTH FOOTBALL REFEREES 510 65295 MS FOOTBALL REFEREES 800 Total Youth Football 9,053 BMX 65410 BMX WAGES 0 65424 BMX MATERIALS & SUPPLIES 0 Total BMX 0 Special Projects 66046 SPECIAL PROJECTS/EQUIPMENT 19,000 Total Special Projects 19,000 Teen Center 70010 Teen Center SALARIES & WAGES 0 70013 Teen Center EMPLOYEE BENEFITS 0 70015 Teen Center OVERTIME 0 70021 Teen Center SUBSCRIPTIONS & MEMBERSHIPS 0 70022 Teen Center PUBLIC NOTICES 0 70023 Teen Center TRAVEL 0 70024 Teen Center OFFICE EXPENSE & SUPPLIES 0 70025 Teen Center EQUIP/SUPPLIES & MAINTENANCE 0 70028 Teen Center TELEPHONE 0 70031 Teen Center PROFESSIONAL/TECHNICAL SERVICE 0 70033 Teen Center EDUCATION 0 70035 Teen Center OTHER 0 70046 Teen Center SPECIAL DEPARTMENTAL SUPPLIES 0 70078 Teen Center SPECIAL PROJECTS 0 70079 Teen Center PROGRAMS 0 70080 DODGEBALL 0 Total Teen Center 0 Moab Arts & Recreation Center '"'T---'^Z MANAGEMENT USE ONLY Agenda Page 13 Page 31 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 23 23 Recreation Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 80010 MARC SALARIES & WAGES 90,277 80013 MARC EMPLOYEE BENEFITS 22,618 80014 MARC SALARIES & WAGES - INSTRUCTORS 4,000 80015 MARC SALARIES & WAGES OT 680 80016 MARC UNEMPLOYMENT 0 80021 MARC SUBSCRIPTIONS & MEMBERSHIPS 940 80022 MARC PUBLIC NOTICES 6,500 80023 MARC TRAVEL 780 80024 MARC OFFICE EXPENSE & SUPPLIES 3,800 80025 MARC EQUIP/SUPPLIES & MAINTENANCE 2,000 80027 MARC UTILITIES 7,300 80028 MARC TELEPHONE 1,698 80031 MARC PROFESSIONAL/TECHNICAL SERVICE 1,000 80033 MARC EDUCATION 600 80035 MARC OTHER 500 80046 MARC SPECIAL DEPARTMENTAL SUPPLIES 5,800 80074 MARC MACHINERY & EQUIPMENT 5,000 80077 MARC SPECIAL EVENTS 9,300 80077.1 MARC SPECIAL EVENTS - PLEIN AIR MOAB 43,800 80078 MARC SPECIAL PROJECTS 0 Total Moab Arts & Recreation Center 206,593 Communities That Care (CTC) 75010 SALARIES & WAGES 0 75013 EMPLOYEE BENEFITS 0 75023 TRAVEL 0 75025 EQUIP/SUPPLIES & MAINTENANCE 0 75031 PROFESSIONAL & TECHNICAL SERVICES 0 75033 EDUCATION 0 75035 OTHER 0 75046 SPECIAL DEPARTMENTAL SUPPLIES 0 75078 SPECIAL PROJECTS 0 Total Communities That Care (CTC) 0 Prep 90010 PREP - SALARIES & WAGES 0 90013 PREP - EMPLOYEE BENEFITS 0 90022 PREP - PUBLIC NOTICES 0 90023 PREP - TRAVEL 0 90024 PREP - OFFICE EXPENSE & SUPPLIES 0 90028 PREP - TELEPHONE 0 90031 PREP - PROFESSIONAL/TECHNICAL SERVICE 0 90033 PREP - EDUCATION 0 90046 PREP - SPECIAL DEPARTMENTAL SUPPLIES 0 Total Prep 0 Total Parks, recreation, and public property 553,410 Total Expenditures: 553,410 Total Change In Net Position 0 '"'T---'^Z MANAGEMENT USE ONLY Agenda Page 14 Page 32 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 24 24 Community Development - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing Change In Net Position Revenue: Contributions and transfers 39209 COMMUNITY DEV. FUND/BEG. BAL. 23,356 39210 CONTRIBUTION FROM GENERAL FUND 26,000 39223 GRANTS 0 39224 CDGB 277,000 39225 SAFE ROUTE TO SCHOOL GRANT 372,000 39226 UTAH POWER GRANT 0 39250 CDBG WILLOWS 0 39351 CDBG CINEMA COURT PROJECT 0 39352 CDBG 05-06 BALLPARK FENCE 0 39353 CDBG 06-07 BALLPARK LIGHTS 0 39354 CDBG 07 BALLPARK BLEACHERS 0 39355 CDBG 08 WATER LINE 0 39356 CDBG 09 VIRGINIAN APARTMENTS 0 39357 LIONS PARK TE GRANT 0 39358 NORTH CORRIDOR PATH TE GRANT 0 39359 NPS RTCA GRANT LIONS PARK 0 Total Contributions and transfers 698,356 Total Revenue: 698,356 Expenditures: Transfers and contributions out 40090 INCREASE IN FUND BALANCE 0 Total Transfers and contributions out 0 Community Development Community development 40002 TEA-21 UDOT N. CORRIDOR PATHS 0 40003 CDBG 09 VIRGINIAN APARTMENTS 0 40004 ROTARY PARK 0 40005 LIONS PARK TE 2011 0 40006 NORTH CORRIDOR PATH 0 40007 LIONS PARK DESIGN 0 40008 LIONS PARK LAND & WATER CONSERV FUND GRANT 0 40009 LIONS PARK SCENIC BYWAYS GRANT 23,356 40010 SAFE ROUTE TO SCHOOLS GRANT 398,000 40018 CDBG WILLOWS 0 40019 CDBG PROJECT 277,000 40020 CDBG 07 BALLPARK BLEACHERS 0 40021 CDBG 08 WATER LINE 0 40022 PUBLIC ART 0 40023 SIGNAGE 0 40049 CORNER PARK 300 S 400 E 0 40076 PAYMENT-IN-LIEU/100 W.-P. LOT 0 40078 SKATE PARK 0 40084 CDBG '05 MOONSTONE GALLERY 0 40086 CDBG 02 SUN COURT BBALL 0 40089 E. CENTER MEDIAN & PARKING 0 40095 Recreation Center/Playground Equipment 0 40096 CDBG 05-06 BALLPARK FENCE 0 40097 CDBG 06-07 BALLPARK LIGHTS 0 40098 BALLPARK LIGHTING & IMPRVMNTS 0 40099 200 EAST STREET IMPROVEMENT 0 Total Community development 698,356 Total Community Development 698,356 Total Expenditures: Total Change In Net Position 698,356 0 MANAGEMENT USE ONLY Agenda Page 15 Page 33 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 28 28 Millcreek Project Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing Change In Net Position Revenue: Intergovernmental revenue 33579 FUTURE GRANTS 0 33581 UTAH TRAILS/MILCREEK DR PATH - STATE FUNDS 0 33582 UTAH TRAILS/MILLCREEK DR PATH - LOCAL FUNDS 0 33583 UTAH TRAILS 500 W. UNDERPASS 0 33584 UTAH TRAILS PIPE DREAM TRAIL 0 33585 FIRE/FUEL/REDUCT/REVEG 0 Total Intergovernmental revenue 0 Contributions and transfers 33210 CONTRIBUTION FROM GENERAL FUND 0 39210 MILLCREEK PROJ. FUND/BEG. BAL. 0 Total Contributions and transfers 0 Total Revenue: 0 Expenditures: Transfers and contributions out 40090 INCREASE IN FUND BALANCE Total Transfers and contributions out 0 0 Millcreek Projects Millcreek 40002 FIRE/FUEL/REDUCTION/REVEG 0 40003 MILLCREEK/MAIN STREET - WEIR 0 40004 UTAH TRAILS 500 W. UNDERPASS 0 40005 UTAH TRAILS PIPE DREAM 0 40010 SALARIES 0 40013 BENEFITS 0 40031 PROFESSIONAL/TECHNICAL 0 40035 OTHER 0 40041 ACQUISITIONS 0 40048 BMX TRACK 0 40050 BROWNING ROTARY MUSICAL PLAYGROUND GRANT 0 40051 BROWNING TRAILS GRANT 0 40074 SPECIAL PROJ. - GRANT MATCH ONLY 0 40076 TREE EDUCATION/ADVERTISING 0 40086 TREES/IRRIGATION 0 40088 UTAH TRAILS MILLCREEK DR PATH 0 40089 TRAILS 0 Total Millcreek 0 Total Millcreek Projects Total Expenditures: Total Change In Net Position 0 0 0 MANAGEMENT USE ONLY Agenda Page 16 Page 34 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 41 41 Capital Projects Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing Change In Net Position Revenue: Intergovernmental revenue 36124 GRANTS AND DONATIONS 0 36125 DOG PARK DONATIONS 0 Total Intergovernmental revenue 0 Interest 36100 INTEREST INCOME 7,000 Total Interest 7,000 Miscellaneous revenue 36160 CIB LOAN 0 36165 PROCEEDS FROM LONG TERM DEBT 0 36200 ANIMAL SHELTER DONATIONS 0 36201 TRANS ENHANCE GRANT 0 36210 CIB GRANT 0 36220 LEASE REVENUE CITY CENTER 38,825 36224 UDOT AID PROJECT 180,000 36225 MORTGAGE PRNCPAL OLD CITY HALL 0 36226 MORTGAGE INTEREST OLD CITY HL 0 36227 UTAH STATE ENERGY PROGRAM GRANT 0 36228 UTAH POWER GRANT 60,000 36229 FEDERAL HIGHWAY GRANT 0 36230 LIBRARY CITY CENTER CONTR 0 36235 CIB LOAN AQUATIC CENTER 0 36236 CONTRIBUTION FROM REC DISTRICT 190,000 36237 DEVELOPER FEES 0 36238 CLAIM SETTLEMENT PROCEEDS 0 36245 PROCEEDS FROM LT DEBT 0 Total Miscellaneous revenue 468,825 Contributions and transfers 39222 TRANSFER FROM GENERAL FUND 0 39225 TRANSFER FROM RECREATION FUND 0 39561 CAPITAL PROJECTS FUND BEG. BAL 1,860,334 39562 TRANSFER IN FROM MUNICIPAL BLDG SETASIDE 0 39563 TRANSFER IN FROM USU SET -ASIDE 0 Total Contributions and transfers 1,860,334 Total Revenue: Expenditures: Public safety Police 79150 POLICE EQUIPMENT Total Police 2,336,159 129,224 129,224 Animal Shelter 79140 ANIMAL SHELTER PROJECT 90,000 79141 ANIMAL SHELTER EQUIPMENT 0 79142 ANIMAL SHELTER FF&E 0 Total Animal Shelter 90,000 Total Public safety 219,224 Facilities Streets 44070 ROAD IMPROVEMENTS 500,000 44071 MILLCREEK INTERSECTION 50,000 44072 STREETS/SPECIAL PROJ./CONCRETE 0 44073 NORTH CORRIDOR FRONTAGE ROAD 25,000 44074 POWERHOUSE LANE 12,000 44075 SEALCOAT 0 44075.1 Sealcoat non -capital 0 44076 MAIN STREET IMPROVEMENTS 0 44077 500 WEST/KANE CREEK IMPROVE 0 44077.1 500 W non -capital 0 44078 TFER TO ROAD IMPROVE SETASIDE 0 MANAGEMENT USE ONLY Agenda Page 17 Page 35 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 41 41 Capital Projects Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 44079 100 NORTH STREET IMPROVEMENTS 0 44080 TRANSPORTATION MASTER PLAN 100,000 44081 100 WEST DESIGN 0 44082 WILLIAMS WAY ROAD RECONSTRUCTION 0 44083 EQUIPMENT 123,600 44084 BARTLETT STREET IMPROVEMENTS 0 44085 100 NO FROM MAIN TO 100 W IMPROVE 0 44086 400 EAST ROAD IMPROVEMENTS 0 44087 TRANSPORTATION STUDY - UDOT COST SHARE 0 Total Streets 810,600 Storm Drainage 42577 STRMWTR DETENTION BASIN PROJ 0 Total Storm Drainage 0 Total Facilities 810,600 Parks, recreation, and public property Recreation 45070 ADA IMPROVEMENTS 0 77051 CENTER STREET GYM MECHANICAL 40,000 77056 BALLFIELD 30,000 78025 TRAIL & BRIDGE IMPROVEMENTS 100,000 78030 ART IN PUBLIC PLACES 1% 22,685 78043 SWANNY PARK RESTROOMS 0 78044 PARK IMPROVEMENTS 90,000 78045 PLAYGROUND EQUIPMENT/BUILDING IMPROVEMENTS 30,000 78046 EQUIPMENT 54,150 Total Recreation 366,835 Swimming Pool 47070 AQUATIC CENTER PROJECT 40,000 47071 AQUATIC CENTER SET ASIDE 47,000 47072 AQUATIC CENTER EQUIPMENT REPLACEMENT 20,000 47098 CONTRIBUTION TO CIB ESCROW 0 Total Swimming Pool 107,000 Special Projects 79044 PERFORMANCE GURANTEE DEFAULT IMPROVEMENTS 0 Total Special Projects 0 Moab Arts & Recreation Center 46070 ROOF PROJECT 0 46071 SOLAR PROJECT 0 46072 MARC BUILDING IMPROVEMENTS 270,000 Total Moab Arts & Recreation Center 270,000 Total Parks, recreation, and public property 743,835 Community Services Community Contributions 79045 USU SETASIDE 75,000 79046 Contribution to CHCSSD 0 79047 USU BUILDING PROJECT 0 Total Community Contributions 75,000 Total Community Services 75,000 Transfers and contributions out 40090 INCREASE IN FUND BALANCE 0 81001 TRANSFER TO GENERAL FUND 0 Total Transfers and contributions out 0 Municipal Building Authority Municipal Building 77031 MUNI BLDG PROJECT 85,000 77042 PUBLIC BLDG BOND RESERVE 0 77045 MUNICIPAL BLDG FF&E 0 77046.1 MUNICIPAL BLDG BOND PMT 79,000 77046.2 MUNI BLDG BOND INTEREST 32,500 '"'T---'^Z MANAGEMENT USE ONLY Agenda Page 18 Page 36 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 41 41 Capital Projects Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 77047.1 2009 AQUATIC BOND PMT 191,000 77050 TENANT IMPROVEMENTS 0 77055 CITY HALL SOLAR PHOTO VOLTAIC 100,000 Total Municipal Building 487,500 Total Municipal Building Authority 487,500 Total Expenditures: 2,336,159 Total Change In Net Position 0 '"'T---'^Z MANAGEMENT USE ONLY Agenda Page 19 Page 37 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 51 51 Water & Sewer Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired Change In Net Position Expenditures: Miscellaneous 60084 Sewer IMPACT FEE WAIVERS Total Miscellaneous Total Expenditures: FY 2016-2017 Council Public Hearing 0 0 0 Total Change In Net Position 0 Income or Expense Income From Operations: Operating income Water Operating Income 36300 WATER PENALTIES 4,500 36500 SALE OF MATERIALS & SUPPLIES 1,500 36900 Water SUNDRY REVENUES 20,000 37100 WATER SALES 550,000 37120 TAX ON SHOP WATER SALES 0 37260 WATER CONNECTION 15,000 37325 Water SPECIAL SERVICES BY CITY DEPATMENTS 12,000 38600 ALLOWANCE ON DOUBTFUL ACCOUNTS 0 Total Water Operating Income 603,000 Sewer Operating Income 56900 Sewer SUNDRY REVENUE 0 57300 SEWER SERVICES CHARGES 855,360 57325 Sewer SPECIAL SERVICES BY CITY DEPTS 1,500 57350 Sewer SPANISH VALLEY SEWER 192,500 57440 SEWER CONNECTION 8,000 Total Sewer Operating Income 1,057,360 Total Operating income 1,660,360 Operating expense Water Operating expense 50009 Water GENERAL FUND O/H 175,000 50010 Water SALARIES & WAGES 128,084 50011 Water SALARY DIFFERENTIAL (SURVEY) 23,907 50013 Water EMPLOYEE BENEFITS 101,031 50015 Water OVERTIME 14,000 50021 Water SUBSCRIPTIONS & MEMBERSHIPS 5,040 50023 Water TRAVEL 4,650 50024 Water OFFICE EXPENSE & SUPPLIES 0 50025 Water EQUIPMENT-SUPPL. & MAINTENANCE 15,500 50026 Water BUILDING SUPPL. & MAINTENANCE 12,000 50027 Water UTILITIES 48,500 50028 Water TELEPHONE 3,100 50029.1 Water RENT OF PROPERTY & EQUIPMENT 4,100 50029.2 Water capital lease expense 12,000 50030 Water MONTHLY FUEL - GASCARD 17,325 50031 Water PROFESSIONAL & TECH. SERVICES 23,000 50033 Water WATER/EDUCATION 5,800 50035 Water OTHER 1,500 50046 Water SPECIAL DEPARTMENTAL SUPPLIES 68,700 50051 Water INSURANCE 1,600 50069 Water DEPRECIATION 185,000 Total Water Operating expense 849,837 Sewer Operating expense WWTP 60009 Sewer GENERAL FUND O/H 190,000 60010 Sewer WWTP SALARIES & WAGES 138,579 60013 Sewer WWTP EMPLOYEE BENEFITS 104,702 60015 Sewer WWTP OVERTIME 8,000 60021 Sewer WWTP SUBSCRIPTIONS & MEMBERSHIPS 4,600 60023 Sewer WWTP TRAVEL 2,500 60024 Sewer WWTP OFFICE EXPENSE & SUPPLIES 2,000 MANAGEMENT USE ONLY Agenda Page 20 Page 38 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 51 51 Water & Sewer Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing 60025 Sewer WWTP EQUIPMENT SUPPL. & MAINTENANCE 50,500 60026 Sewer WWTP BUILDING SUPPL. & MAINTENANCE 5,000 60027 Sewer WWTP UTILITIES 55,000 60028 Sewer WWTP TELEPHONE 2,700 60029 Sewer WWTP RENT OF PROPERTY & EQUIPMENT 2,500 60030 Sewer WWTP MONTHLY FUEL - GAS CARD 12,000 60031 Sewer WWTP PROFESSIONAL & TECH. SERVICES 0 60033 Sewer WWTP EDUCATION 0 60035 Sewer WWTP SHIPPING\FREIGHT 5,000 60046 Sewer WWTP SPECIAL DEPARTMENTAL SUPPLIES 0 60069 Sewer DEPRECIATION 150,000 Total WWTP 733,081 Sewer Collection System 60029.1 Sewer COLLECTIONS Captial Lease Expense 21,600 61010 Sewer COLLECTION SALARIES & WAGES 139,798 61013 Sewer COLLECTION EMPLOYEE BENEFITS 95,910 61015 Sewer COLLECTION OVERTIME 6,000 61021 Sewer COLLECTION SUBSCRIP & MEMBER 1,560 61023 Sewer COLLECTION TRAVEL 2,700 61024 Sewer COLLECTION OFFICE EXP & SUPPLIES 1,500 61025 Sewer COLLECTION EQUIP SUPPLIES & MAINT 30,000 61026 Sewer COLLECTION BLDG/GRDS SUPPLIES & MAINT 2,000 61027 Sewer COLLECTION UTILITIES 3,000 61028 Sewer COLLECTION TELEPHONE 3,100 61029 Sewer COLLECTION RENTALS 5,000 61030 Sewer COLLECTION MONTLY FUEL 8,000 61031 Sewer COLLECTION PROFESSIONAL & TECH 33,500 61033 Sewer COLLECTION EDUCATION 6,350 61035 Sewer COLLECTION FREIGHT 1,500 61046 Sewer COLLECTION SPEC DEPT SUPPLIES 39,500 Total Sewer Collection System 401,018 Total Sewer Operating expense 1,134,099 Total Operating expense 1,983,936 Total Income From Operations: (323,576) Non -Operating Items: Water Non -operating income 36100 INTEREST INCOME 7,000 36110 WATER IMPACT FEE INTEREST INCOME 9,000 36111 WATER IMPACT FEES 20,000 36112 WATER IMPACT FEE BEG F.B. 224,682 36200 WATER TANK FINANCING 1,000,000 39535 W/S - BEG. FUND BALANCE 1,556,494 5630 Gain (loss) on asset retirement 0 5651 Water CONTRIBUTIONS OF ASSETS 0 60091 Benefit expense -change in NPL/NPA (GASB 68) 0 Total Water Non -operating income 2,817,176 Sewer Non -operating income 56100 Sewer INTEREST INCOME 5,000 56110 SEWER IMPACT FEE INTEREST 4,000 56111 SEWER IMPACT FEES 50,000 56112 SEWER IMPACT FEE BEG F.B. 684,000 56113 SEWER IMPACT FEE FINANCE INTEREST 13,400 56200 SEWER WWTP FINANCING 3,716,000 56860 Sewer Contribution from capital projects 0 Total Sewer Non -operating income 4,472,400 Water Non -operating expense 50082 Water INTEREST ON BONDS/DEBT SERVICE 0 50084 Water TRANSFER TO CAPITAL FACILITIES 0 60092 Pension expense (GASB 68) 0 Total Water Non -operating expense 0 Sewer Non -operating expense MANAGEMENT USE ONLY Agenda Page 21 Page 39 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 51 51 Water & Sewer Fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired 60082 Sewer INTEREST ON SEWER BONDS 60085 IMPACT FEE WAIVERS Total Sewer Non -operating expense Total Non -Operating Items: FY 2016-2017 Council Public Hearing 0 0 0 7,289,576 Total Income or Expense 6,966,000 '"'T---'^Z MANAGEMENT USE ONLY Agenda Page 22 Page 40 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Capital Budget 51 - 51 Water & Sewer Fund as of 05/31/2017 5/19/2016 Description 2017 Budget 2017 Actual Projects: Impact Project/Sewer - South Trunk Line Master Plan 300,000 0 Impact Project/Sewer - WWTP Upgrade 3,900,000 0 Impact Project/Sewer Sanitary Sewer Master Plan 70,000 0 Impact Project/Water - Tank Assessment & System Constructi 1,700,000 0 Impact Project/Water Storage & Dist Master Plan 70,000 0 Sewer Building Project 100,000 0 Sewer Lift Pump 8,000 0 Sewer Line Replacements 450,000 0 Sewer SCADA Upgrades 40,000 0 Sewer WWTP Effluent Pipe Replacement 75,000 0 Water Lines - Pressure Reducing Valves 182,000 0 Water Tank Maintenance 40,000 0 Total Projects: 6,935,000 0 Direct Purchase: 1611 - Land 0 0 1615 - Water shares 0 0 1631 - Water wells 0 0 1641 - Water tanks 0 0 1642 - Water lines 0 0 1643 - Meters 12,000 0 1644 - Fire Hydrants 42,000 0 1651 - Sewage treatment facilities 0 0 1652 - Sewer lines 0 0 1653 - Manhole Replacement Project 15,000 0 1661.1 - Equipment - general 0 0 1661.2 - Equipment - water 60,000 0 1661.3 - Equipment - sewer 237,000 0 1665 - Office furniture and equipment 0 0 1671 - Autos and trucks 0 0 Total Direct Purchase: 366,000 0 Total Capital Requirement: Long Term Debt Repayment: Total Long Term Debt Repayment: Total Capital and Long Term Debt Requirement: 7,301,000 0 0 0 7,301,000 0 Resources to be Provided: Net Income 6,966,000 0 Add Depreciation 335,000 0 Provided/Required from Operation: 7,301,000 0 Project Borrowing Total Resources to be Provided: 0 0 7,301,000 0 Resource Remaining or to be Provided: 0 0 Beginning Capital Asset Resources: 0 0 Ending Capital Asset Resources: 0 0 Agenda Page 1 Page 41 of 159 MOAB CITY CORPORATION Council Public Hearing 53 53 Storm Water Utility fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing Income or Expense Income From Operations: Operating income Water Operating Income 36450 STORM WATER DRAINAGE FEE 142,000 36460 NON -POINT SOURCE FINANCIAL ASSISTANCE 0 Total Water Operating Income 142,000 Total Operating income 142,000 Operating expense Water Operating expense 40009 Storm wtr GENERAL FUND O/H 4,000 40010 Storm wtr SALARIES & WAGES 28,387 40013 Storm wtr EMPLOYEE BENEFITS 31,708 40031 Storm wtr PROFESSIONAL & TECH. SERVICES 0 40046 Storm wtr SPECIAL DEPARTMENTAL SUPPLIES 0 40069 Storm wtr DEPRECIATION 0 40075 Storm wtr SPECIAL PROJECTS 0 Total Water Operating expense 64,095 Total Operating expense 64,095 Total Income From Operations: 77,905 Non -Operating Items: Water Non -operating income 3340 STATE GRANT 0 36110 INTEREST INCOME 0 36112 TFER FROM BEG F.B. 1,122,095 36210 TRANSFER FROM GENERAL FUND 0 Total Water Non -operating income 1,122,095 Water Non -operating expense 40090 Storm wtr TRANSFER TO SURPLUS FUND BAL. 0 Total Water Non -operating expense 0 Total Non -Operating Items: 1,122,095 Total Income or Expense 1,200,000 '"'T---'^Z MANAGEMENT USE ONLY Agenda Page 23 Page 42 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Capital Budget 53 - 53 Storm Water Utility fund as of 05/31/2017 5/19/2016 Description 2017 Budget 2017 Actual Projects: 100 SOUTH STORM WATER IMPROVEMENTS 309,700 0 MINOR STORM WATER PROJECTS 100,000 0 RIPARIAN HABITAT STUDY 60,000 0 STEWART CANYON SETASIDE 730,300 0 Total Projects: 1,200,000 0 Direct Purchase: Total Direct Purchase: Total Capital Requirement: Long Term Debt Repayment: Total Long Term Debt Repayment: Total Capital and Long Term Debt Requirement: 1,200,000 0 0 0 1,200,000 0 Resources to be Provided: Net Income 1,200,000 0 Add Depreciation 0 0 Provided/Required from Operation: 1,200,000 0 Project Borrowing 0 0 Total Resources to be Provided: 1,200,000 0 Resource Remaining or to be Provided: 0 0 Beginning Capital Asset Resources: 0 0 Ending Capital Asset Resources: 0 0 Agen Page 1 Page 43 of 159 MOAB CITY CORPORATION Council Public Hearing 73 73 Youth City Council fund - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired Change In Net Position Revenue: Interest 36100 INTEREST INCOME Total Interest FY 2016-2017 Council Public Hearing 0 0 Contributions and transfers 39200 CONTRIBUTIONS FROM STUDENTS 0 39201 FUND TRANSFERS FROM MOAB CITY 0 39210 FUND DONATIONS / CASTLE VALLEY 0 39220 FUND RAISING PROJECTS 0 39230 DONATIONS 0 39550 TRANSFER FROM BEG FUND BALANCE 0 Total Contributions and transfers 0 Total Revenue: 0 Expenditures: General government Administrative 40023 TRAVEL 0 40024 OFFICE EXPENSES & SUPPLIES 0 40033 EDUCATION 0 40035 OTHER 0 40046 FUND RAISING SUPPLIES 0 40073 SPECIAL PROJECTS 0 Total Administrative 0 Total General government 0 Transfers and contributions out 40090 TRANSFER TO EQUITY RESERVE 0 Total Transfers and contributions out 0 Total Expenditures: 0 Total Change In Net Position 0 '"'T---'^Z MANAGEMENT USE ONLY Agenda Page 24 Page 44 of 159 5/19/2016 10:07 AM MOAB CITY CORPORATION Council Public Hearing 91 91 General Fixed Assets - 07/01/2015 to 05/19/2016 91.67% of the fiscal year has expired FY 2016-2017 Council Public Hearing Change In Net Position Expenditures: Miscellaneous 4100 Depn expense general government 0 4101 Admin GASB 68 0 4300 Depn expense public safety 0 4301 Public Safety GASB 68 0 4400 Depn expense streets & highways 0 4401 Streets GASB 68 0 4500 Depn expense parks & recreation 0 4501 Parks GASB 68 0 Total Miscellaneous 0 Total Expenditures: 0 Total Change In Net Position 0 '"'Tr--'^Z MANAGEMENT USE ONLY Agenda Page 25 Page 45 of 159 5/19/2016 10:07 AM AGENDA SUMMARY MOAB CITY COUNCIL MEETING May 24, 2016 Agenda ltem #: 6-1 Title: Approval of a Special Event License for Canyonlands PRCA Rodeo Club to Conduct a Parade on June 4, 2016 and consideration of a Request of a Fee Waiver for the Canyonlands Rodeo Committee [. Fiscal Impact: $285.00 Revenue in applicant paid fees. Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Special Events Applicant: Canyonlands Rodeo Committee Background/Summary: Staff have reviewed the Special Event License for the Rodeo Parade. The parade is an annual event with impacts on City Services for traffic control and street closures. The applicant will coordinate the parade route and traffic control with the Police Department. The Rodeo Committee has also requested a waiver/refund of their Banner Permit fees ($195) and their Special Event Fee ($90). A copy of the fee waiver policy is attached. Options: Approve, Approve with conditions, Deny or postpone Staff Recommendation: Approval of the Special Event License on condition of final approval of UDOT. No recommendation on fee waiver, Council's discretion with approved Fee Waiver Policy. Attachment(s): Application and Letter from Canyonlands Rodeo Committee Agenda Page 46 of 159 DATE PAID: AMOUNT PAID: RECEIPT ND.: Carr of MOAB SPECIAL. BUSINESS EVExr LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 289-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS 'Iowa oNE): TRANSIE{iT (S80): OR -CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE IF: ZONE: $cloaot2 NAME OF EVENT: DEsGFaPnON CF Barr. nmcirt, Rex6n PahodQ LOCATION of Evert: S town PRQN5ES To BE usex P� l p1 ako‘° - O frev lo1.R Rrxdo ) TEMPORARY S{RUCTUFES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT FAFM aP TYPES OF VENDORS PARTICIPATING IN BENT: nom.• lag/ Urn ism Up toTc_am Almk, NUIEFROFVEMORSPAFMC1PATING: - Q- BRAIN FEES GENERATED BY THE EMU (I.E Ammer CHARDS, BOOTH FEES, Reim CHW7s$ EFc.): t-n ongli Even Smilaxes Ma: eW i ni�n MICR NYinD Ma')SPDNSOR'sMERE5; �V. it% CITY: SPONSCR'S DRYER LICENSE Nutter & STATE col ODE R PROOF OF IDES(TRY: SPc rsorts SOCIAL SECURITY NUMBER STATE _La_ DATE OF SIRTFE TYPE OF ORGA IZATTDIC O PROPRIEiORSNIP a PARTNERSHIP CI CORPORATION rim (SPECIFY): ft4 EVENT SPO ISCR'S SALES TAX ID NAME REGISTERED WM THE STATE FOR TAX ID: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE THE ACTUAL LICENSE WILL BE ISSUED AFTER CRY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY VNTH IN THE CITY WITHOUT FIRST OBTAINS° A LICENSE ALL INFORMATION MUST BE ACCURATELY COMPLETED OR T_HI_E- ISSUANCE OF A DELAYED. BUSWESS LJ INF• ON AND 1: 1� REouL A 'I J HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY AS SET FO IN TM MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE IS TRUE. UNDERSTAND THIS LICENSE 1S NON -TRANSFERABLE AND VALID ONLY FOR TM ABOVE MENTIONED LOCATION 7 • FILE THE PROPER REPORTS NATH THE STATE OF UTAH. State of Utah ) ) 5 County of Grand ) / SUBCRIBEgANO SWORN to before me this _ �/ day of 6/h. NOTARY PUBLIC z/-44 7c/G. CANNELLA GALLEY Notary Public State of Utah Comm. No. 686544 My Comm. Expires Dec 28, 2019 SEE BACK OF FORM FOR AOOMONAL REQUIREMEN n Agenda Page 47 of 159 i a Canyonlands PRCA Rodeo Club P.O. Boa 1105 Moab, VT 84532 info®MoabCanyonlaadaRodeo.com PRCA Rodeo March 19, 2015 City of Moab 217 East Center St. Moab, UT 84532 Dear City Council Members: I am writing on behalf of the Canyonlands PRCA Rodeo Club, requesting you consider waiving the fees normally associated for both the Rodeo Parade being held on Juneq , 2016 and the banners being hung on Main Street~ The Canyonlands PRCA Rodeo Event is sponsored in part by Grand County and the Grand County Recreation Board. This event provides family entertainment to Moab. City and Grand County residents as well as visitors to our area. Thank you for your consideration. Sincerely, Marsha Leota Canyonlands PRCA Rodeo Club Executive Secretary Agenda Page 48 of 159 Lragr Indemnification Form MEMO Kevrin3 Utah Hang J Form Instructions per Utah Administrative Code R920-4: 1. The event organizerlpermittee must complete this form and submit it at the time of application. 2. Form completion is not required for qualified First Amendment assembly/free speech events. Event Name: - - ., Event Date -J q --- / b The Permittee shall indemnify, defend and hold the State of Utah, the Utah Department of Transportation, the Utah Transportation Commission, the Utah Highway Patrol and their officers, agents and employees harmless from and against any claim or demand for loss, liability or damage, including claims for bodily injury, wrongful death or property damage, arising out of or resulting from: (a) any act or omission by the Permittee, its officers, agents, employees or any persons under Permittee's control insofar as permitted by law concerning Permittee's use or occupancy of the state road right-of-way; and (b) from and against all actions, suits, damages and claims brought or made by reasons of Permittee's non -observance or non-performance of any of the terms of the Permit or the rules, regulations, ordinances and laws of the federal, state or local governments. Print Name: /, r� h ' ' :; Sign Name: J /; Parent Signature (if under 18) Date: UDOT R920-4 Indemnification Form (Rey. 01-26-15) 9•11,MIMOILSNL-TIMII,--1210-,••• .•11..2[1•0.6•1.3.) Page 1 of 1 Agenda Page 49 of 159 CU WO 411A1/7 Knfn 'Yr �C � 8 130'301S-111H 6,0 Ni aloft ZCSP8 4-411, 4, 4'1_ M 4 ; {� ��'yy,�[� {y �? c :, l S $ • # 41' sir m S 00 0. 3A-amirse e N 00Z _i,„pd 8 �'-e/15 C1'50:rlid 0 9 I, 4° Fa S O Sv 1 0 Li _ Av S� to In N-Wht 2 0 0 N W7 0 TAYLOR AVE City of Moab City Council Policy Regarding the Consideration of Fee Waiver Requests It is the general policy of the Moab City Council to not consider requests for fee waivers for city programs, services, permits and licenses. Further, the City Council has determined that exceptions to this general policy may be made at the sole discretion of the City Council, subject to certain conditions, as follows: 1. Requests for an exception to the fee waiver policy shall be made in writing at one month prior to the event or service for which the fee is charged. Such requests shall be submitted to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and the request wili be considered as a request for a refund rather than a waiver. 2. The following fees are not subject to an exception under this policy: a. Fees related to public works, including but not limited to water and sewer fees, water and sewer impact fees, storm water drainage fees and solid waste fees. b. Fees related to planning and zoning, including but not limited to subdivision fees, annexation fees and permit fees. c. Fees related to recreation programs and services. d. Fees related to law enforcement, with the exception of traffic control and security fees associated with a special event e. Fees related to aicohol. F Other fees not provided for in this policy. 3. The City Council may consider an exception to the fee waiver policy for special -event - related fees, including special event permit fees, speciai event business license fees, park use permit fees, banner fees, and traffic control fees and security fees, if the organization requesting the exception meets at least one of the following criteria: a. The event, as its main function, is a fundraiser for a charitable organization that provides services to Moab residents. b. The organization sponsoring the event has in the past made and commits to continue to make in the future, a financial donation to the City that covers all or a portion of the costs associated with the event for which the organization is seeking an exception. c. The event organizer is a governmental entity. d. The event's primary purpose is to provide a school program or to benefit a school or school program. e. The primary purpose of the event is to provide a community -wide celebration or program that is offered free of charge to community members. f. The event is one that has been provided by the City in the past. 4. The City Council may consider an exception to the fee waiver policy for building permit fees only for requests made by Grand County or the City of Moab for county or city -owned facilities. co c a) Q Page 51 of 159 AGENDA SUMMARY MOAB CITY COUNCIL MEETING May 24, 2016 Agenda. items #:6-2 MOA Title: Special Event Business License, Special Use of City Parks and Consideration of Fee Waiver for the Canyonlands Men's Fastpitch Tournament Fiscal Impact: Some Parks Department and Recreation Department support is needed for this event, but these costs will not require any additional costs beyond the approved budget for these departments. Staff Presenter(s): Carmella Galley Department: Special Events Applicant: Travis Packard Background/Summary: In the past, this event was sponsored by the City of Moab. It has been held at the Center Street Ballfield. Over the years, the City began to lose money on this event, given changes in participation rates and other factors. Staff determined that it was no longer feasible for the City to sponsor this event, given that it needed to be subsidized. Luckily, a local group "stepped up to the plate" to take over this event. It will be run in substantially the same way as in the past, except that city time spent on the event will be minimized. This year there will still be some city support offered in the way of assisting with the preparation of the fields and facilities, with the idea that these costs will eventually be fully absorbed by the private group. The event takes place on Friday, June 17 and Saturday, June 18. Options: The Council may approve, approve with conditions, deny or postpone the item Staff Recommendation: City staff recommend approval of the licenses and permits with the following conditions: 1) Event sponsors, participants and spectators do not attempt to operate the ballpark lights or sprinkling systems. 2) Both nights events end at 9:00 PM and the ballpark is completely vacated by 10:00 PM. 3) Event sponsors ensure strict adherence to City Park regulations prohibiting all tobacco and alcohol at the Center Street Ballpark. Recommended Motions: (1) "I move to approve the Special Event Business License for the Canyonlands Fastpitch Tournament with the conditions listed in the staff recommendation." (2) "I move to approve the Special Use of City Parks for the Canyonlands Fastpitch Tournament with the conditions listed in the staff recommendation." Attachment(s): Application materials " -,nda Draft Documents\05-24-2016\6-2 Agenda Summary Sheet Canyonlands Fast Pitch Tournament 2016.docx Agenda Page 52 of 159 DATE PAID: AMOUNT PAID: RECEIPT NO.: 5 -L1-.57O1 u 0260 a o i�AI r/■ ■ ■ OF MVr\V SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ❑ TRANSIENT (S90). OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COP() TOTAL FEES: LICENSE #: ZONE: $200.00 o Any" NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: I l I {�S f�f4.t�n1 si9(464.1 134-1[ Ir-ict4c 21-7 E C-e-01-c r TEMPORARY STRUCTURES TO BE USED (IF ANY): hal-k P_ - DATES) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: JcL`te_. 1 - f /00 - !7-0 TYPES OF VENDORS PARTICIPATING IN EVENT: NUMBER OF VENDORS PARTICIPATING: EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): En EVENT SPONSORS NAME: f , I. 4 A ^�- %��/r) SPONSORS ADDRESS: 1 SOD CITY: MiChsi STATE: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP tirCORPORATION ❑OTHER (SPECIFY): EVENT SPONSORS SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX ID: CONTACT EMAIL ADDRESS: \of ! "ti" r } � �" """"[ it - awl PHONE: Y a5.-76-/ � 3 6 e-L/ ZIP; el ) 2 THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELA/YET. Gay IMIE ! T �V IS c, HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRIM NAME(5) BUSINESS LICENSE REGULATIONs As sET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE is NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONR).1NVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. Signature of Sponsor State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this NOTARY PUBLI day of Data ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. iKp+res Dec 11, 2016 Rev. 3'30/2016 Agenda Page 53 of 159 ATTACH SITE PLAN FOR THE EVENT GROUNDS OF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Agenda Page 54 of 159 Rev. 3/30/2016 CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: A-Y7 MOVED -ON NECESSARY: ❑ YES LJ NO COMMISSION APPROVAL ❑ YES ❑/NO REQUIRES PLANNING REVIEWED BY ZONING ADMINISTRATOR: If/ 19.41114:6SIGNATURE DATE: NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: -2o5S Sisr-kt". PHONE: ViO 082' CITY: in CA STATE: eiT ZIP: &f-5-32, NAME of EVENT: f l of S�,Qf T� 'Totmo .-t p1:4— LOCATION OF EVENT: C��,N-1 //S f rt-? I ,1i l p'C'►A ZONE: DETAILED DESCRIPTION OF SPECIAL EVENT: Agenda Page 55 of 159 OG/16/O i City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: I fvt� Name of Organization and Event if applicable: Address: 7-C `j 5 C�r Vs- j ZDay Phone: Email: ,'"'' E, t� !c wry Proposed Park Usage Information Which park to you intend to use? Swanny Park- Other (please Please indicate the proposed dates and times of use:, Proposed Start Date. 11 Start Time: [2 c'c ..m/ r� Proposed End Date: )"' ! Start Time: 1-cc' Please specify what areas of the park are proposed for use. aMIpm End Time. cz !/ indicate name of park; Cc"j11''f- S7'--71" 194 A/ l5 End Time: °..°0 am/6m2 7:u° a mi6r-n.) For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: � �j r✓ Number of spectators that you expect: Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Will amplification be required for your event? Yes Please specify any electrical needs for your event: No k- g-.i / c t: cd 11,45 Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. use If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. ll� Agenda PLEASE COMPon5YAR SIDE Pan. in nr 76 Do you intend for the park to be open to the public during your event? Yes No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No V For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park• For groups over 100 people, please describe your refuse control and recycling plan: t-ek CRC S Please describe your clean-up plan during and after the event: Palk (( e-- i �� � .� � I'7 Please describe your restroom facility plan: A - Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: rer 6G i+5 spry: f 3 Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes k No Will you be able to pr vide proof of insurance, showing the City as an additional insured? Yes No 6..0rNh05)0A .5.A- I certify that the information contained in thi3'application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attacl d to this permit. Signature of Contact Person: Date: Lr 2,3 b Office Use Only Public Works Review: Police Department Review- Administrative Review. Park Use Fee: Date Fee Paid: Date of City Council Approval: Insurance Received- Final Set up Diagram Received Special Conditions or Requirements: Other Required Permits and Approvals Agenda Page 57 of 159 Pane 11 of 7R GRAND COUNTY SCHOOL DISTRICT 264 South 400 East, Moab, Utah 84532 (435) 259-5317 Board Members: Beth L. Joseph, President, James W. Webster, Vice -President, Margaret E. "Peggy" Nissen, Melissa J. Byrd, Britnie S. Ellis Superintendent: Dr. Scott L. Crane, Business Administrator. Robert D. Farnsworth To Whom it May Concern; Grand County School District has requested a certificate of insurance for the Moab Fast -Pitch Tournament that will be hosted 6/17/2016-6/18/2016. Because the tournament is a fundraiser for the High School Softball and Baseball teams, we are sponsoring the event. If you have any questions, you may contact me at 259-3483. Agenda Page 58 of 159 .00 INB'' MOAB f AGENDA SUMMARY CITY COUNCIL MEETING May 241 2016 ar 0 MOAB PL-IG-8a Agenda item. #7-1 Title: Second Reading of Ordinance #2o1.6-o4 an Ordinance to Rezone a Property with Split Zoning of 1-1, Industrial, and R-4, Manufactured Housing Residential Zone, to R-4, Manufactured Housing Residential Zone, and Amending the Official Zoning Map Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Sunnie Sheff Representing SPAN Family, Ltd. Background/Summary: The first reading of this application by the City Council occurred on May 10, 2016. The action by the Council at that time was to approve the application for a second reading. The second reading is now before you. The applicant desires to rezone their property located at 939 West 400 North to R-4, Manufactured Housing Residential Zone. The 7,145 square foot property is currently split zoned 1-1, Industrial, and R-4, and the request is to apply the R-4 Zone to the entire lot. The applicant is intending to build one, possibly two, rental housing units on the lot. The property is currently undeveloped. The use of the property for long term rentals is an allowed use in the R-4 Zone, but nightly rentals are not allowed in the R-4 Zone. The governing Moab Municipal Code (MMC) section is 17.04, Zoning map amendments and text amendments. As per MMC Section, 17.04.010, Initiation of zoning change, "Any person having a proprietary interest in any real property may submit an application for a zoning map amendment or a zoning text amendment, or the planning commission can, on its own motion or on request from the city council, propose, study, and recommend changes to the official zoning map or the text of the Land Use Code." The Planning Commission (Commission) held a public hearing on April 28, 2016 to review the map amendment. Subsequent to the hearing, the Commission unanimously voted to adopt Planning Resolution #07-2016 to favorably refer the application to City Council. Public comments received by the Planning Commission during the public hearing mainly centered on concerns about parking on 400 North. Parking is not one of the review criteria listed in the City Code but is required for development. Parking concerns will be addressed at the time of building permit review. The Technical Review is again attached for your convenience. Agenda Options: The City Council can: 1. Vote to adopt the ordinance as written, effectively amending the zoning and directing staff to amend the Official Zoning Map; 2. Establish a date for a public hearing if desired by Council; 3. Table the application until a later date and request additional information Staff Recommendation: Staff recommends that City Council adopt Ordinance #2016-04. Recommended Motion: I move to adopt Ordinance #2016-04 approving the zoning map amendment To Manufactured Housing Residential Zone R-4 and direct staff to amend the Official Zoning Map. Attachment(s): Technical review Code analysis Resolution #o7-zoi6 Ordinance #2o16-04 Aerial Legal description Agenda 1 Applicable Code Criteria Process 17.04.100 Action by city council. A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held promptly following receipt of the planning commission recommendation. B. Notice of the public meeting shall be given to the applicant and by posting in at least one place within the city and by posting on the city's official website at least twenty-four hours prior to the meeting. C. In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance. D. The approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the city council. 17.51.010 Objectives and characteristics. The objective in establishing the R-4 residential zone is to provide the most appropriate locations for mobile home parks and mobile home subdivisions along with conventional dwellings. The zone is characterized by open fields interspersed by well -maintained mobile home parks, mobile home subdivisions, and other types of dwellings. Code Chapter 17.04.040, Zoning Map Amendments, contains criteria for the Planning Commission and Council to apply to requests for zoning map amendments: Review of Criteria Chapter 17.04.050 states, "For the purpose of establishing and maintaining sound, stable and desirable development within the City of Moab, zoning map amendments are to be discouraged. Zoning map amendments shall only be approved if the applicant establishes that one or more of the following standards apply to the subject real property: A. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's general plan. B. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. C. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the city's general plan, and that such change will be consistent with the policies and goals of the plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. Map Amendment Approval Criteria. According to Chapter 17.04.060, the Planning Commission and City Council shall consider the following criteria in reviewing a proposed map amendment. The applicant has addressed the following standards in her application to the City. 1. Was the existing zone for the property adopted in error? 2. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? 3. Is there a need for the proposed zoning within the area or community? Agenda 4. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? 5. Will benefits be derived by the community or area by granting the proposed zoning? 6. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? 7. Does the application conform to the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? Chapter 17.04 ZONING MAP AMENDMENTS AND TEXT AMENDMENTS 17.04.010 Initiation of zoning change. Any person having a proprietary interest in any real property may submit an application for a zoning map amendment or a zoning text amendment, or the planning commission can, on its own motion or on request from the city council, propose, study, and recommend changes to the official zoning map or the text of the Land Use Code. All costs associated with publication and notification requirements are the responsibility of the applicant. (Ord. 08-03 (part), 2008) 17.04.030 Zoning map amendments. Purpose. The purpose of a zoning map amendment shall be to alter, enlarge, or reduce the geographic extent of any zoning district, or to enact a new zoning designation for any particular tract of real property. (Ord. 08-03 (part), 2008) 17.04.040 Application for zoning map amendment or text amendment. A. Any person having a proprietary interest in any real property within the corporate limits of the city may request a map amendment or text amendment by filing three copies of the application for such change or amendment with the zoning administrator. The application shall, at a minimum, include the following information: 1. The name, address, and telephone number of the applicant; 2. A description of the requested change or amendment and a description of the property to be affected by such request by a metes and bounds legal description; 3. A title certificate or report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements, judgments, and encumbrances of record that affect the title to the subject property; 4. A statement from the county treasurer showing payment in full of all real property taxes due on such parcel; 5. A boundary survey of the land area to be rezoned, which shall include a depiction of existing zoning district boundaries, real property boundaries, existing structures, and public roads existing within three hundred feet in all directions of the subject property boundary; 6. A list of surrounding property owners and their legal mailing addresses for all properties within three hundred feet of the exterior boundary of the parcel proposed for a zoning map amendment; 7. A statement by the applicant explaining the rationale for the zoning request relative to the standards imposed by this chapter; 8. A filing fee in accordance with the fee schedule adopted by resolution of the city council; and 9. A narrative or concept plan describing why this property is suited for the intended purposes and stating what development and/or construction is planned by the applicant. B. Pre -Application Conference. Prior to the filing of an application for a map amendment or zoning text amendment, the applicant shall meet with the planning department to discuss the proposed application. At the Agenda Page 62 of 159 pre -application meeting the application contents, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the applicant may be represented by a land planner, engineer or surveyor. Applicants are encouraged to submit a conceptual site plan at the pre -application stage. C. Modifications of Submittals. City staff shall be authorized to waive or modify application submittal requirements as reasonable necessary to address the attributes of a specific application. (Ord. 08-03 (part), 2008) 17.04.050 Map amendment policy declaration. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, zoning map amendments are to be discouraged. Zoning map amendments shall only be approved if the applicant establishes that one or more of the following standards apply to the subject real property: A. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's general plan. B. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. C. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the city's general plan, and that such change will be consistent with the policies and goals of the plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. (Ord. 08-03 (part), 2008) 17.04.060 Map amendment approval criteria. The planning commission and city council shall consider the following criteria in reviewing a proposed map amendment: A. Was the existing zone for the property adopted in error? B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? C. Is there a need for the proposed zoning within the area or community? D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? E. Will benefits be derived by the community or area by granting the proposed zoning? F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? G. Does the application conform to the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? (Ord. 08-03 (part), 2008) 17.04.070 Text amendment approval criteria. It is the burden of the applicant to provide "good cause" to support a proposed text amendment. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, amendments to the Land Use Code are committed to the sound discretion of the city council based upon the following nonexclusive list of criteria: A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the city's general plan? C. Is the amendment consistent with the policies and goals of the general plan? D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? E. Is it in the public interest to approve the proposed amendment? F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? Agenda Page 63 of 159 G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? (Ord. 08-03 (part), 2008) 17.04.080 Public hearing required. A. Upon receipt of a complete application under this chapter city staff shall promptly schedule a public hearing before the planning commission. B. Within thirty days following the closing of the public hearing, the planning commission shall either recommend approval, approval with modifications, or disapproval of the application to the city council. The recommendation of the planning commission shall be transmitted to the city council and to the applicant within ten days of the recommendation. C. City staff may provide a staff report, which shall be provided to the applicant no later than three days prior to the public hearing or public meeting before city council. (Ord. 08-03 (part), 2008) 17.04.090 Notification requirements for planning commission public hearing. A. The city shall provide notice with respect to the planning commission public hearing describing the real property subject to the application order under this chapter; the present and proposed zoning; and the time, date, and location of the hearing as follows: 1. By publication in a newspaper of general circulation within the city at least fifteen days prior to the hearing; 2. By mailing to the applicant, affected entities, and real property owners abutting or located within three hundred feet of the subject property at least ten days prior to the hearing; and 3. By posting on the city's official website and in at least one public place within the city, which notice shall also include a map showing the land area proposed for rezoning. B. Property Posting. In addition to the notifications by the city, the applicant shall post signs, in a form acceptable to the city, noticing the public hearing in at least one location every five hundred feet along the perimeter of the land area proposed for map amendment at least three days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date, and place of the public hearing; and contact information for the zoning administrator. C. Exception for General Amendments. When a zoning map amendment or text amendment is incidental to, or part of a general revision of the official zoning map or the text of this Land Use Code, whether such revision is made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, posting notice on the land area subject to the amendment or mailing to affected property owners or adjoining property owners is not required. (Ord. 08-03 (part), 2008) 17.04.100 Action by city council. A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held promptly following receipt of the planning commission recommendation. B. Notice of the public meeting shall be given to the applicant and by posting in at least one place within the city and by posting on the city's official website at least twenty-four hours prior to the meeting. C. In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance. D. The approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the city council. (Ord. 08-03 (part), 2008) 17.04.110 Appeals. A. Any person adversely affected by the final decision of the city council pursuant to this chapter may appeal that decision to the Grand County district court. B. An appeal or any other judicial action arising from, or seeking review of, a decision by the city council under this chapter must be filed no later than thirty days from the date of the final decision or action that is the Agenda Page 64 of 159 subject of the action or legal claim. Any action commenced beyond that time is barred and shall be subject to summary dismissal. C. Review of any zoning map amendment or text amendment application shall be based upon the record of proceedings before the city council. Upon the commencement of a judicial appeal challenging any decision under this chapter, the city shall transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. (Ord. 08-03 (part), 2008) 17.04.120 Processing matrix. This matrix shall be amended to delete review procedures for "similar use" review and to include the following: Application Advisory Body Land Use Auth. Appeal Body Pub. Hearing Map amend. Planning Comm. City Council Text amend. Planning Comm. City Council Dist. Ct. Dist. Ct. Yes, P.C. Yes, P.C. Agenda Page 65 of 159 PL-16-81 MMC Analysis of 939 W 400 N 1-1 Zoning: Allowed number of residential uses: 1 Caretaker dwelling consisting of a maximum footprint of eight hundred square feet when associated with a nonresidential use 17.36.020 Use requirements. Please refer to the Technical Review 17.36.030 Area requirements. There shall be no area requirements, except that an area sufficient to accommodate location requirements, off-street parking, loading and unloading and vehicular access shall be provided and maintained. 17.36.040 Width requirements. None. 17.36.050 Location requirements. A. Front Setback. 25 feet from the front lot line, or 55 feet from centerline of the road, whichever is greater. 17.36.060 Height and size requirements. No requirements. 17.36.070 Special provisions. A landscaped strip of at least 15 feet in width adjacent to the front property line shall be landscaped, except across driveways. Front yards of caretaker dwellings shall also be landscaped. 17.09.220 Off-street parking and loading -Number of spaces. Required parking: 2 spaces R-4 Zoning: Allowed number of residential uses: up to 4 units if adequate parking is available 17.51.020 Use requirements. Please refer to the Technical Review. 17.51.030 Area requirements. 5,000 square feet for each one -family dwelling. 2,500 square feet shall be provided for each unit of a duplex or two-family dwelling 1,800 square feet shall be provided for each unit in a tri-plex or three-family or more dwelling. 17.51.040 Width requirements. The minimum width of any building site for a dwelling shall be fifty linear feet. 17.51.050 Location requirements. A. Front Setback. 15 feet for principal structure Minimum setback for accessory buildings: 12 ft. to rear of the main building B. Side Setback. 7 feet; 10 ft. minimum distance between dwellings on the same lot C. Rear Setback. 10 feet 17.51.060 Special provisions. A. For the purposes of determining front, side and rear setback requirements, any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. B. The ground floor area of all dwellings shall be at least five hundred square feet. Agenda Page 66 of 159 17.09.220 Off-street parking and loading -Number of spaces. REQUIRED PARKING No. of dwellings required parking spaces Min. area of parking* Min. area of dwelling 1 2 333 sq. ft. 500 sq. ft. 2 4 666 sq. ft. 1,000 sq. ft. 3 3 500 sq. ft. 1,500 sq. ft. 4 6 999 sq. ft. 2,000 sq. ft. *Based on a space that is 9' X 18.5' in size Density for residential uses Lot size 60 'X 120'= 7,200 sq. ft. Allowable building area within the setbacks=4,370 sq. ft. (combined setback area= 2,830 sq. ft.) Agenda Page 67 of 159 C5,kY P>,) MOAB PLANNING AND ZONING COMMISSION MEETING April 28, 2016 PL-16-57 TECHNICAL REVIEW Review of an Application Requesting a Rezone of Property Located at 939 West 400 North in the 1-1 Zone For Presentation: April 28, 2016, Meeting of the Moab Planning Commission Date Prepared: April 11, 2016 Prepared By: Jeff Reinhart, AICP Planning Director Subdivision: N/A Name and Address of the Owner(s) of Record: SPAH Family LTD 1460 Overlook Road Moab, Utah 84532 Name and Address of Representatives: Sunnie Sheff Moab, Utah 84532 Address of Subject Property: 939 West 400 North Moab, Utah 84532 Summary of Significant Issues 1. The Planning Commission (Commission) and subsequently, the City Council (Council), must determine if the Zoning Map amendment satisfies the following requirements of Moab Municipal Code (MMC) Sections 17.04.050 Map amendment policy declaration: A. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, zoning map amendments are to be discouraged. Zoning map amendments shall only be approved if the applicant establishes that one or more of the following standards apply to the subject real property: 1. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's general plan. 2. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. 3. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the city's general plan, and that such change will be consistent with the policies and goals of the plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures; 4. The Commission and Council must determine if the application satisfies the General Plan; and 5. The applicant must satisfy the review criteria established in MMC Section 17.04.060, Map amendment approval criteria. Agenda Page 68 of 159 Description of Subject Property The property is a .17-acre (7,405 square feet) lot in the 1-1, Industrial Zone and is located on the south side of W 400 North and approximately 1740 linear feet from the intersection of 400 North with 500 West. It is undeveloped but appears that a masonry business had been storing block on the property. 400 North serves as access to the property. Application Summary The applicant is requesting to amend the Official Zoning Map with the change in the 1-1, Industrial Zone designation on the property to R-4 Manufactured Housing Residential Zone. The proposal is to provide long term rentals on the property. (Short term rentals are not an allowed use in the R-4 Zone.) The property is located in the 1-1, Industrial Zone, but is surrounded by R-4 on the west and east. To the northwest there is an area zoned R-2. The county jurisdictional boundary is directly to the north of the subject property, and is developed with residential uses. Directly to the south is a small area of 1-1 that effectively split zones the larger lot to the west. An attempt to contact this owner to see if they would be interested in joining the application produced no results. In past rezoning of property adjacent to this lot, the owner has not been interested in participating. Code Review The governing Moab Municipal Code (MMC) section is 17.04, Zoning map amendments and text amendments. As per MMC Section, 17.04.010, Initiation of zoning change, "Any person having a proprietary interest in any real property may submit an application for a zoning map amendment..." This application has been submitted to the city by the Owner(s), SPAH Family, LTD. As noted above, the Map Amendment Policy Declaration in MMC Section17.04.050 contains three elements one of which must be met to obtain an approval of an application to rezone property. 17.04.050, states, A. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's general plan. Not applicable. B. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. Applies. C. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the city's general plan, and that such change will be consistent with the policies and goals of the plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. Applies. MMC Section 17.04.060, Map amendment approval criteria, establishes the review criteria that the planning commission and city council must consider when reviewing a proposed map amendment: A. Was the existing zone for the property adopted in error? It is not readily identifiable if the 1-1 Zone was adopted in error. Agenda 1 Page 69 of 159 At some point in the past, the area may have been more industrial than is currently the case. Other lots are of a sufficient size that they could have been used in an industrial manner and this area would have been more "out of town" than the current growth trends indicate. Moab Bit and Tool is located approximately 400 feet to the west of the subject property. North, on River Sands Road, there are located two large areas owned and operated by World Wide River Expeditions. As mentioned, the subject property has also been used to store masonry blocks for another business. Certainly the zoning is appropriate for the proximity to the current and future sites of the Waste Water Treatment Plant. B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? The area has seen some changes toward increases in the residential uses of the area. The uses on the properties immediately surrounding the SPAH property are mostly residential. Directly to the east and south is a split zoned lot (1-1/R-4) that is developed with a single family home. The property to the west was rezoned from 1-1 to R-4 in 2010 so that additional dwellings could be constructed and now a home and 2 long term rentals exist on the lot. To the north, on the northeast corner of the intersection of 400 North and Apple Lane, is county jurisdiction with a residential use and county zoning of Large Lot Residential (LLR). In early 2001, City Council approved Portal Vista, PUD that provided over 30 dwellings for city residents. This development is located to the southeast and not directly adjacent to the subject property. The six townhome unit Deer Trail Subdivision is located on the north side of 400 North and about 80-85 feet to the east of the SPAH property. C. Is there a need for the proposed zoning within the area or community? Yes, there is always a need for more area to develop housing. Rentals are in short supply, and many persons in our community cannot qualify to buy a home because of the price of real estate. D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? As previously noted, the subject property is in an area that has developed primarily with residential uses and it is anticipated that this trend will continue. Logistically speaking, some of the "industrial uses" would be better served by relocating near a main roadway preferably in a C-4 Zone adjacent to HWY 191. 400 North is a paved street but other public improvements are required to be constructed with the building permit. E. Will benefits be derived by the community or area by granting the proposed zoning? The rezoning of the property will allow the owners to construct dwellings on the land. All housing, whether long term rental units or for ownership, benefits the community by providing residents a place to stay. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? Utilities are located nearby and in the street. They are readily available to serve the proposed residential development. Agenda Page 70 of 159 G. Does the application conform to the provisions of the Moab general plan, the land development regulations of the Code, and applicable agreements with affected governmental entities? The application conforms to the General Plan in that this rezone complies with the Vision by utilizing more compact development to minimize sprawl, and improve the quality of living through what will be attainable housing for someone in the community. The rezone will help in addressing the housing element of providing housing in terms of quality and quantity and meeting the needs of current residents. It also satisfies the goal of encouraging a mixed variety of housing types. The rezone and subsequent development of the lot will help to maintain the integrity of residential areas with compatible types of housing and development. It also serves "to provide or make available affordable housing for all Moab residents..." and "Encourage in fill development [with] affordable housing." Allowed Uses in the R-4 Zone A. One -family dwellings and the following accessory buildings and structures: private garages and/or carport for the storage of automobiles owned by persons residing on the premises; greenhouses for private use only; private swimming pools; pergolas and arbors B. Planned unit developments subject to the requirements and conditions set forth in Chapter 17.66 of this title C. Fences, walls, and hedges which do not exceed seven feet in height provided that no fence, wall or hedge shall exceed four feet in height within the required front or side yard that fronts on a street D. Customary household pets, including but not limited to cats, dogs, and canaries; but not including the breeding of dogs and cats for sale E. Public schools, public libraries, public parks, playgrounds, recreation buildings and churches but not temporary revival tents or buildings F. Agriculture G. Temporary buildings and yards for the storage of materials and equipment incidental to the construction of dwellings and other permitted uses; provided, however, that a permit for such temporary building shall not be effective for more than one year H. Home occupations I. Two-family dwellings J. Child day care centers and foster family care homes K. Apartment houses and other multiple dwellings L. Court apartments M. Boarding and rooming houses N. Clubs and lodges (nonprofit) not including those carried on primarily as a business O. Mobile home parks and mobile home subdivisions subject to the regulations as set forth in Title 15 of this code P. Publicly owned athletic fields and schools Q. Boys' schools and correctional institutions R. Pasturing of animals S. Plant nurseries T. Radio and television towers U. Secondary dwelling units as per Chapter 17.69 Comparison of Use Types IA. (17.36.020) R-4 (17.51.020) Agenda Page 71 of 159 Manufacturing, compounding, processing, packaging, fabrication and warehousing of goods and materials, (not to include processing of animal by-products, livestock feed yards, or steel manufacturing, oil refineries, wallboard manufacturing and similar establishments which emit offensive fumes, smoke, noise, odor, etc.) Apartment houses Concrete mixing plants, coal yards, earthmoving equipment and equipment storage, gas and oil wells, gas and oil storage facilities, public buildings and public utility buildings, craft shops, tire recapping establishments, and accessory signs. Court apartments Automobile wrecking and salvage yards, when surrounded by a well -maintained sight -obscuring fence constructed to a height of at least eight feet so that the material stored in the enclosure cannot be observed from any street adjacent to the yard. Dwelling, one -family Mines, gravel pits, sand pits, clay pits, rock quarries, rock crushers and buildings and structures in connection therewith; also scenic railroads and railroad maintenance yards. Dwelling, two-family (Duplex) Agriculture, farm machinery storage sheds, self -serve warehouse storage facilities, vegetable and fruit packing and processing plants, and livestock raising. Dwelling, manufactured home Water wells, utility transmission lines, dams, pumping plants, power plants, sewage treatment plants subject to review and approval of the State Division of Health; solid waste disposal sites. Mobile Home Park Caretaker dwelling consisting of a maximum footprint of eight hundred square feet when associated with a nonresidential use. Mobile Home Subdivision Fitness center or gymnasium. Multi -family dwellings Retail commercial uses and cafes Accessory buildings Accessory buildings and parking lots incidental and accessory to other permitted uses Accessory uses Buildings and yards for the storage of materials and equipment incidental to the construction of dwellings and other permitted uses Customary household pets Fences, walls, and hedges Garage/carport, private Greenhouses, non-commercial Home occupations; "" Referenced below: 17.51.030 Area requirements. 17.51.040 Width requirements. 17.51.050 Location requirements. 17.51.060 Special provisions. Agenda Page 72 of 159 R-4 Residential Area Regulations Single -Family Dwelling Minimum Lot Area/Unit (sq ft) 5,000 Minimum Front Yard (ft) 15 Minimum Side Yard, First Side (ft) 7 Minimum Side Yard, Second Side (ft) 7 Minimum Side Yard, Corner 12 Minimum Rear Yard Interior (ft) 10 Minimum Rear Yard Corner (ft) 12 Max. Net Lot Coverage (%)* 60* See footnotes (vi) and (vii) Max. Height (ft) 30 Min. Lot Width (ft) 50 Minimum Ground Floor Area/Structure (sq ft) 500 Duplex or Two -Family Dwelling Minimum Lot Area/Unit (sq ft) 2,500 sq ft/dwelling Minimum Front Yard (ft) 15 Minimum Side Yard, First Side (ft) 7 Minimum Side Yard, Second Side (ft) 7 Minimum Side Yard, Corner 12 Minimum Rear Yard Interior (ft) 10 Minimum Rear Yard Corner (ft) 8 Max. Net Lot Coverage (%)* 60** See footnotes (vi) and (vii) Max. Height (ft) 30 Min. Lot Width (ft) 50 Minimum Ground Floor Area/Unit (sq ft) 500 Three-, Four-, Five- or Six -Family Dwelling Agenda Page 73 of 159 R-4 Residential Area Regulations Minimum Lot Area/Unit (sq ft) 1,800 sq ft/dwelling Minimum Front Yard (ft) 15 Minimum Side Yard, First Side (ft) 8 Minimum Side Yard, Second Side (ft) 8 Minimum Side Yard, Corner 12 Minimum Rear Yard Interior (ft) 10 Minimum Rear Yard Corner (ft) 10 Max. Net Lot Coverage (%)* 60* See footnotes (vi) and (vii) Max. Height (ft) 40 Min. Lot Width (ft) 50 Minimum Ground Floor Area/Unit (sq ft) 250 (i) Or fifty-five feet from the centerline of any public street, whichever is greater. (ii) For dwellings having an attached garage or carport the setback shall not be less than twenty feet. (iii) Total of the two side setbacks shall be at least twenty-four feet. (iv) For the purpose of determining front, side and rear setback requirements any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. (v) The minimum distance between dwellings located on the same or adjoining lots shall be sixteen feet and the total width of the two side yards shall be not less than one-third of the frontage of the dwelling or other main building. (vi) Net lot area is defined as the usable portion of the lot after setbacks are deducted from the lot area. (vii) Maximum net lot coverage may be increased to seventy-five percent if the home is a single story structure. 17.51.060 Special provisions. The following special provisions shall apply in this zone in order to protect its essential characteristics and to promote the purposes of this title: A. For the purposes of determining front, side and rear setback requirements, any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. B. The ground floor area of all dwellings shall be at least five hundred square feet. C. The maximum permitted density of planned unit developments shall be eight dwelling units per acre, up to a maximum of ten units per acre utilizing affordable housing density bonuses. D. The minimum building site for a mobile home park and mobile home subdivision shall be not less than ten acres. Agenda Page 74 of 159 CITY OF MOAB PLANNING RESOLUTION #07-2016 A RESOLUTION RECOMMENDING APPROVAL OF A ZONING MAP AMENDMENT FOR SPLIT ZONED PROPERTY OWNED BY SPAH FAMILY, LTD. FROM 1-1, INDUSTRIAL, TO R-4, MANUFACTURED HOUSING RESIDENTIAL ZONING AND AMENDING THE CITY OF MOAB OFFICIAL ZONING MAP WHEREAS, SPAN Family, Ltd. (Applicant) with offices located at 1460 Overlook Road, Moab, Utah 84532, submitted an application for an amendment to the Official Zoning Map for the City of Moab, Utah; WHEREAS, the .17-acre (7,405 square feet) property is zoned 1-1, Industrial and R-4, Manufactured Housing Residential; and WHEREAS, Applicant is requesting that the zoning for the entire property be changed to R-4, Manufactured Housing Residential Zone; and WHEREAS, Currently, the property is undeveloped and the Applicant desires to construct one or two dwellings for long term rental as allowed in the R-4 Use Requirements, in Moab Municipal Code (MMC) Section 17.51.020; and WHEREAS, Applicant is aware that short term rentals are not an allowed use in the R-4 Zoning district; and WHEREAS, Applicant provided the Planning Commission (Commission) with an application and the appropriate documents as required in MMC Section 17.04; and WHEREAS, the Commission reviewed the application in a duly advertised public hearing held on April 28, 2016, to review the character and objectives of the 1-1 and R-4 zones, and the allowed uses in each zone; and WHEREAS, the Commission determined that the amendment to the zoning map is in accordance with the development trends of the area; and WHEREAS, the property is contiguous to the R-4 Zone; and WHEREAS, having evaluated the staff recommendation, statements from the Applicant and from the public, the Commission concluded that the change in the zoning for this property was an acceptable amendment to the Official Zoning Map; and WHEREAS, the Commission has found that the Applicant has satisfactorily met two of the three elements of Code section 17.04.050, Map amendment policy declaration, in that the area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage redevelopment of the area, and with special consideration being given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures the zone amendment is consistent with the policies and goals of the General Plan and Title 17.0, Zoning. WHEREAS, the Commission has determined that the review standards in Moab Municipal Code chapter 17.04.060, Map amendment approval criteria, have been met as follows: A. The proposed zoning classification is compatible with the majority of surrounding uses and impacts from the existing development can be or have been mitigated, B. Adequate facilities are available to serve the type and scope of the development suggested by the proposed zoning classification, Page 75 of 159 CITY OF MOAB Planning Resolution #07-2016 2 C. The residential uses to the east will be buffered from the commercial development by the width of 200 East and the existing landscaping on the property, and D. The application conforms to provisions of the Moab General Plan. WHEREAS, the requested zone change is supported by the General Plan to: A. Meet the housing element of the General Plan in terms of quality, and quantity and the goal of meeting "the needs of current residents", B. "...encourage a mixed variety of housing types..." C. "Maintain the integrity of residential areas with compatible types of housing and development." D. "Support the development of affordable, small-scale residential housing which fits the character of the City and is interspersed with market -rate units." E. Encourage in -fill development..." NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOAB, UTAH, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the proposed and subsequent development, by adoption of Resolution #07-2015, does hereby find, determine, and declare, that the applicable provisions of the Moab Municipal Code and the intent of the Moab General Plan can be met; AND, FURTHERMORE, the Planning Commission hereby favorably recommends that Council approve the application to rezone the property located at 939 West 400 North in the 1-1 (Industrial) Zoning district to the R-4 (Manufactured Housing Residential) Zone. anette Kopell Chair Page 76 of 159 Date ORDINANCE #2016-04 AN ORDINANCE AMENDING THE ZONING ON SPLIT ZONED PROPERTY LOCATED AT 939 WEST 400 NORTH FROM I-1, INDUSTRIAL TO R-4, AND AMENDING THE CITY OF MOAB OFFICIAL ZONE MAP WHEREAS, SPAH Family, Ltd. (Applicant) with offices located at 1460 Overlook Road, Moab, Utah 84532, submitted an application for an amendment to the Official Zoning Map for the City of Moab, Utah; WHEREAS, the .17-acre (7,405 square feet) property is zoned I-1, Industrial and R-4, Manufactured Housing Residential; and WHEREAS, Applicant is requesting that the zoning for the entire property be changed to R-4, Manufactured Housing Residential Zone; and WHEREAS, Currently, the property is undeveloped and the Applicant desires to construct one or two dwellings for long term rental as allowed in the R-4 Use Requirements, in Moab Municipal Code (MMC) Section 17.51.020; and WHEREAS, Applicant is aware that short term rentals are not an allowed use in the R-4 Zoning district; and WHEREAS, Applicant provided the Planning Commission (Commission) with an application and the appropriate documents as required in MMC Section 17.04; and WHEREAS, the Commission reviewed the character and objectives of the I-1 and R-4 zones, and the allowed uses in each zone and determined that the amendment to the zoning map is in line with the development trends of the area; and WHEREAS, the Commission reviewed the application in a duly advertised public hearing held on April 26, 2016, to review the proposed zone change and through adoption of Planning Resolution #07-2016 favorably referred the application to City Council with a 4 -0 vote; and WHEREAS, the Moab City Council (Council) reviewed the application in a public meeting held on May _, 2016 to hear testimony and consider the recommendation of the Planning Commission and City Staff; and WHEREAS, having evaluated the evidence from the public, the Commission concluded that the change in the zoning for this property was an acceptable amendment to the Official Zoning Map; and WHEREAS, the Council agreed with the Planning Commission found that the applicant satisfactorily met the elements of Code section 17.04.050, Map amendment policy declaration, in (B) that the area around the property has been changing and becoming more residential and (C) that the application is consistent with the policies and goals of the General Plan. WHEREAS, the Council determined that the review standards in Moab Municipal Code chapter 17.04.060, Map amendment approval criteria, have been met as follows: B. The change in zoning is compatible with the changing character of the area, D. The proposed zoning classification is compatible with the majority of surrounding uses and impacts from the existing development can be or have been mitigated, F. Adequate facilities are available to serve the type and scope of the development suggested by the proposed zoning classification, G. The application conforms to provisions of the Moab General Plan and Title 17.00, Zoning; and WHEREAS, the requested zone change is supported by the General Plan to: Agenda Page 77 of 159 A. Meet the housing element of the General Plan in terms of quality, and quantity and the goal of meeting "the needs of current residents", B. "...encourage a mixed variety of housing types..." C. "Maintain the integrity of residential areas with compatible types of housing and development." D. "Support the development of affordable, small-scale residential housing which fits the character of the City and is interspersed with market -rate units." E. Encourage in -fill development..." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOAB, UTAH having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the allowed development, by adoption of Ordinance #2016-04, does hereby find, determine, and declare, that the applicable provisions of the Moab Municipal Code and the intent of the Moab General Plan can or have been met. NOW, THEREFORE, BE IT ORDINAINED by the City of Moab, that effective upon the signing of this Ordinance, the rezoning request for the split zoned lot at 939 West 400 North, as submitted by the SPAH Family, Ltd., is hereby approved so the applicant can construct a dwelling or dwellings that will serve as long term rentals or will be for sale; AND, Council directs staff to amend the Official Zoning Map for the City of Moab. Passed and adopted by action of the Governing Body of the City of Moab in open session this day of , 2016. City of Moab Mayor David L. Sakrison Attest: Rachel Stenta City Recorder Agenda Page 78 of 159 939 W 400 N St. N 1 inch = 40 feet 0 20 40 Feet t 939 W 400 N St. 4 f• w% r-- m,:„ r t 4..r • # r F it,, m rf I • M� 0 25 50 N 100 150 1 inch = 50 feet 200 Feet SPAH Family, Ltd. Description BEGINNING 448.5 FEET W OF THE NE CORNER NW%NE% SECTION 2 T26S R21E; S 120 FEET; W 60 FEET; N 120 FEET; E 60 FEET TO POINT OF BEGINNING AND CONTAINING 0.17 ACRES, MORE OR LESS Agenda Page 81 of 159 MEMORANDUM TO: Mayor David Sakrison Moab City Council Rebecca Davidson FROM: Christopher McAnany RE: Wastewater Treatment Plant Site Acquisition Agreement DATE: May 12, 2016 The Council is set to review a proposed contract (Agreement) between the City and Stewart Lane, LLC (Stewart), the owner of the five acre site which is the planned location of the new City wastewater treatment plant site. This proposal is the product of several months of negotiations between the City and the legal team representing the landowner. I write to provide you with a summary of the major terms of the deal. GIFT OF NEW SITE The Agreement provides for Stewart to convey to the City a five acre tract on Stewart Lane (the New Site), which will be the location of the new City treatment plant. The conveyance is nominally a gift, with token consideration of $100.00 specified in the Agreement. The conveyance to the City would be as -is, without any warranties by the grantor as to the condition of the property. HEIGHT RESTRICTION Pursuant to the Agreement, the City would take ownership of the New Site subject to a covenant providing that the facilities to be constructed will not exceed 30 feet in height. This restriction was demanded by Stewart, presumably to prevent visibility of the new plant from the nearby property owned by Stewart and/or its principal, David Bonderman. The City Manager confirms that the facilities to be constructed on the New Site will not exceed this height limitation. REMEDIES, REVERTER PROVISION The Agreement and the accompanying deed contain important restrictions requiring that the City proceed to timely construct the new wastewater treatment plant. Specifically, the City would agree to commence construction of the new plant no later than July 1, 2019, and proceed continuously to substantial completion no later than March 1, 2020. There are specific remedies tied to a failure to meet these deadlines: a) if the City fails to commence construction July 1, 2019, then Stewart may exercise a right to terminate the City's ownership of the New Site, which would then revert to Stewart; or b) if the City starts construction but fails to complete the new plant by March 1, 2020, then the City would owe Stewart for the fair market value (unimproved) of the New Site. Agenda Page 82 of 159 We engaged in significant discussions as to the timing of construction planned by the City. The City Manager informs me that these deadlines are realistic under the City's current construction timeline. But, the deadlines obviously represent an element of risk for the City. RECLAMATION OF OLD SITE, PARK In exchange for the conveyance of the New Site, the City agrees that upon completion of the new plant, it will abandon the existing wastewater treatment plant site on 400 North and reclaim the property with landscaping. The City would retain ownership of the existing plant site, but a covenant would be recorded providing that the site would only be used as passive open space. Reclamation must be completed by October 1, 2020. A basic landscape plan is attached to the Agreement as Exhibit D. CLOSING If approved, we contemplate that the City will close on this transaction very quickly in order to accommodate our planned construction schedule. I understand that the City has already undertaken inspections of the New Site for purposes of verifying its suitability for the new treatment facilities. I anticipate that additional pre -purchase due diligence would be limited to title reviewi e making sure there are no unacceptable encumbrances affecting title. The Agreement calls for due diligence review to be completed no later than 90 days from execution. This proposal is the product of several months of negotiations with the landowner. It reflects a number of compromises on key points. Some of the terms reflect performances that the City was already going to undertake, i.e. prompt construction of the new plant and reclamation of the old plant site. Please let me know if the Council has questions as to these terms or other matters. Agenda Page 83 of 159 CITY OF MOAB RESOLUTION NO. 17-2016 A RESOLUTION APPROVING THE REAL ESTATE PURCHASE AND SALES AGREEMENT WITH STEWART LANE, LLC, THE ENACTMENT OF COVENANT DECLARATIONS, AND THE TERMINATION OF AN OPTION AGREEMENT AT CLOSING, SUBJECT TO CERTAIN CONDITIONS a. The City of Moab has adopted a Wastewater Treatment Facilities Master Plan (WTFMP) and has determined that it is necessary to construct a new wastewater treatment facility on a new site and abandon the existing facility now located at 1070 West 400 North in the City of Moab. b. Pursuant to the WTFMP the City has determined that real property currently owned by Stewart Lane, LLC (Stewart) would be suitable for the construction of a new wastewater treatment plant. c. The City and Stewart have negotiated an Real Estate Purchase and Sales Agreement with Stewart Lane, LLC (the Contract), in which Stewart will convey to the City the real property needed for a new wastewater treatment plant, and the City will subsequently abandon and reclaim the old wastewater treatment plant site, subject to a covenant providing that the old site will be landscaped and utilized in the future as public open space. The Contract was approved by the City Council at its May 12, 2016 meeting. d. Pursuant to the Contract the City will take title to the Stewart property for nominal cost, subject to a covenant and certain deed restrictions. In exchange the City agrees to abandon the existing wastewater treatment plant, reclaim the site, and dedicate same as open space. e. The City will engage in certain due diligence acts prior to closing to verify that the subject property meets City requirements. f. The City Council has determined that it is in the best interests of the City that the Mayor is authorized to execute at closing the documents identified, subject to City staff confirmation that all due diligence conditions have been satisfied. Now therefore, having convened a duly noticed public meeting of the City Council at which quorum was present and a majority voting in favor, the City hereby confirms its approval of the Contract: 1. Real Estate Purchase and Sales Agreement with Stewart Lane, LLC in the form attached as Exhibit 1. In addition, the Council authorizes the Mayor to sign and accept on behalf of the City at closing, subject to City staff verification that all due diligence conditions in the Contract have been satisfied, the following: 1 Agenda Page 84 of 159 2. Declarations of Restrictive Covenant between the City and Stewart Lane, LLC, in the forms attached as Exhibits 2 and 3; 3. Quit Claim Deed in the form attached as Exhibit 4; and 4. Termination of Option Agreement in the form attached as Exhibit 5. PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 24th day of May, A.D., 2016. This resolution shall take effect immediately upon passage. Mayor David Sakrison Date Attest: Rachel Stenta, City Recorder Date 2 Agenda Page 85 of 159 REAL ESTATE PURCHASE AND SALES AGREEMENT For valuable consideration, the receipt and sufficiency of which all parties acknowledge, Stewart Lane LLC, a Delaware limited liability company ("Seller"), and the City of Moab, a Utah municipal corporation (the "City"), hereby agree to the following Real Estate Purchase and Sales Agreement ("Contract"), effective as of the date this Contract is executed by the latter of Seller and the City (the "Effective Date"). I. RECITALS a. The City has adopted the Moab WWTP Facilities Master Plan ("WTFMP"), which plan is attached hereto as Exhibit A, and has determined that it will be necessary to abandon its existing wastewater treatment facility now located at 1070 West, 400 North, in the City of Moab, as more fully described on Exhibit E (the "Existing Plant"), and construct a new wastewater treatment plant with additional treatment capacity. b. Pursuant to the WTFMP a site located to the south of the Existing Plant has been identified by the City as a suitable site for a new wastewater treatment facility (the "New Facility"). c. The Property (as defined below) is owned by Seller. The City has determined that the Existing Plant should be decommissioned, and the New Facility constructed on the Property. Subject to the terms and conditions of this Contract, Seller hereby agrees to convey the Property to the City for the construction of the New Facility. II. AGREEMENT 1. Property Description. The recitals above are incorporated into the agreement of the parties. Subject to the terms of this Contract, Seller agrees to sell and convey, and Buyer agrees to accept, the real property in the County of Grand, State of Utah described as follows (the "Property"): A parcel of land in Lot 3 of Section 2,T 26 S, R 21 E, SLM, Grand County, Utah, more particularly described as follows: Beginning at the NE corner of Lot 3 (North 1/4 Corner) of Section 2, T 26 S, R 21 E, SLM, and proceeding thence South 440.00 ft. to a corner, thence S 89°54'00" W (Record=West) 499.00 ft. to a corner, thence North 440.00 ft. to a corner on the north line Lot 3 of said Section 2, thence with said line N 89°54'00"E (Record=East) 499.00 ft. to the point of beginning and containing 5.04 acres, more or less; Tax Parcel No. 03-002-0088. 2. Form of Conveyance. The Property shall be conveyed by Seller to the City by quitclaim deed, in the form attached hereto as Exhibit B, subject to all encumbrances, in fee simple, and subject to a condition subsequent that the estate of the City in the Property may revert to Seller in the event that the City should fail to commence construction of the New Facility on the Property on or before July 1, 2019 (the "Commencement Condition"). The term "commence construction" is defined to mean the date when substantial physical construction in accordance with the WTFMP and Plans and Specifications (as defined below) (including, at a minimum, excavation for foundations or the installation or erection of permanent improvements) has begun with the intention to proceed to completion without foreseeable interruption of material duration and the City has completed all pre - Agenda Page 86 of 159 construction engineering and design, received all licenses, permits and local, state and national environmental clearances necessary for the construction of the New Facility and has engaged a contractor. To invoke the condition subsequent, Seller must notify the City in writing of its intention to do so no later than October 1, 2019; otherwise the Commencement Condition shall be deemed to have lapsed and the City shall be hold the Property in fee simple absolute. 3. Annexation. Seller hereby consents to the annexation of the Property into the municipal limits of the City of Moab following Closing. To the extent required by applicable law, Seller will execute such other or additional documents or consents, in form and substance acceptable to Seller, as may be necessary to initiate and complete the annexation of the Property into the City municipal limits after the Closing. It is further agreed that, in the event that the condition subsequent provided under Section 2 above should occur and Seller regains title to the Property, then the City shall cooperate with Seller in consenting to or authorizing de -annexation of the Property from the City, to the extent then provided by applicable law. This Section 3 shall survive the Closing. 4. Construction of New Facility. In consideration of the conveyance described in this Contract, the parties agree that the City shall substantially complete the construction of the New Facility on the Property in substantial conformity (but in all events subject to the height restriction set forth below) with the plans and requirements set forth on Exhibit C (the "Plans and Specifications"), attached hereto and incorporated herein by reference. The parties further agree that the New Facility must be substantially completed by March 1, 2020 (the "Completion Date"). The term "substantial completion" shall mean the date that is the later to occur of (i) the date the City completes the construction of the New Facility, in accordance with the WTFMP and Plans and Specifications and in a manner that allows for the City to commence permanent operations of the New Facility and (ii) the date the City receives all licenses, permits and local and national environmental clearances necessary for the operation of the New Facility. In the event that the City fails to complete the construction of the New Facility by the Completion Date, the Seller, as its sole remedy for the failure to attain timely completion, may recover from the City a sum equal to the fair market value of the Property (exclusive of the improvements) as of the Completion Date, as defined in this Section 4. The City acknowledges that the construction of the New Facility in accordance with the Plans and Specifications is a material inducement for Seller's conveyance of the Property to the City. At Closing, the City and Seller shall execute restrictive covenants (the "New Facility Restrictive Covenants"), in the form attached hereto as Exhibit F, providing that no improvements located on the Property will exceed thirty feet (30') in height from the existing grade as of the date hereof, as noted in the Plans and Specifications and that the New Facility will be constructed in accordance with the Plans and Specifications. The obligations of this Section 4 shall survive the Closing. 5. Abandonment, Reclamation of Existing Plant. In exchange for the conveyance described in this Contract, the parties agree that upon the completion of the construction of the New Facility to be constructed on the Property, the City shall promptly proceed with the closure and decommissioning of the Existing Plant and the reclamation of the land on the Existing Plant site. "Reclamation" shall be defined to include the closure of the facility, regrading of the site, removal of all existing treatment facilities in conformity with all applicable regulations of the Utah Department of Environmental Quality (DEQ) and the installation of landscaping on the location of the Existing Plant, such reclamation and landscaping to be in conformity with the landscape plan attached as Exhibit D. The Agenda Page 87 of 159 decommissioning and reclamation of the Existing Plant will be completed by October 1, 2020(the "Decommissioning Date") in accordance with the requirements set forth on Exhibit D attached hereto and incorporated herein by reference. The City shall retain its ownership of the real property upon which the Existing Plant is situated. The City acknowledges that the Reclamation of the Existing Facility is a material inducement for Seller's conveyance of the Property to the City. At Closing, the City and Seller shall execute restrictive covenants (the "Existing Facility Restrictive Covenants"), in the form attached hereto as Exhibit G, providing that the property on which the Existing Facility is located will be maintained as public open space and that such property may not be used for any commercial, residential or industrial uses after Reclamation is completed, as more fully described therein. In the event that the City fails to complete the Reclamation by the Decommissioning Date, Seller, as its sole remedies for failure to complete the Reclamation of the Existing Plant, may exercise one or more of the following remedies: (i) enter the site and recover from Buyer sums equal to any costs it reasonably expends to complete the Reclamation, as specified in this Contract, or (ii)obtain a decree of specific performance directing the City to complete all reclamation, together with all court costs and reasonable attorney fees and other out-of-pocket costs incurred by Seller in enforcing its remedies. The obligations of this Section 5 shall survive the Closing. 6. Independent Consideration. Notwithstanding any other provision of this Contract, the City shall deposit with Southeastern Utah Title Company (the "Title Company") and the City shall cause the Title Company to pay directly to Seller, upon the earlier to occur of the Closing Date or the termination of this Contract for any reason, the sum of One Hundred and No/100 Dollars ($100.00) (the "Independent Consideration"), which shall constitute independent consideration to Seller for the execution of this Contract and the willingness of Seller to afford to the City the diligence and inspection rights hereunder, and is expressly acknowledged to be adequate. The Independent Consideration shall be deemed fully earned when received by Seller and shall not be refundable to the City under any circumstances whatsoever. 7. Closing Date. The closing of the transaction (the "Closing") shall occur on or before ten (10) days after the expiration of the Property Approval Period (the "Closing Date"). By mutual agreement the parties may designate a date and time for Closing prior to that date. On or before 2:00 pm MST on the Closing Date, (a) the City will cause any amounts owed by the City pursuant to this Contract to be transferred to the Title Company's escrow account by Federal Reserve wire transfer of immediately available funds, (b) the City will deliver in escrow to the Title Company the documents described and provided for in Section 9 below, and (c) Seller will deliver in escrow to the Title Company the documents described and provided for in Section 9 below. 8. Closing Costs, Title Insurance. All closing costs and the costs for a survey and policy of title insurance shall be paid by the City. For purposes of the title insurance policy, the parties agree that the Property shall be deemed to have a value of two hundred fifty thousand dollars ($250,000.00). 9. Closing Obligations. On or before the Closing Date, the City and Seller shall deliver the following items in escrow with the Title Company: a. Any and all outstanding amounts due after all adjustments are made at the Closing as herein provided, by Federal Reserve wire transfer of immediately Agenda Page 88 of 159 available funds, as evidenced on a settlement statement executed by the parties; b. A quitclaim deed substantially in the form attached hereto as Exhibit B (the "Deed"), duly executed and acknowledged by Seller and the City, conveying to the City the Property, subject to all encumbrances, which Deed shall be delivered to the City by the Title Company agreeing to cause same to be recorded in the real property records of Grand County, Utah (the "Official Records"); c. The New Facility Restrictive Covenants, duly executed and acknowledged by Seller and the City, which New Facility Restrictive Covenants the City shall cause to be delivered to the Title Company for recording in the Official Records; d. The Existing Facility Restrictive Covenants, duly executed and acknowledged by Seller and the City, which Existing Facility Restrictive Covenants the City shall cause to be delivered to the Title Company for recording in the Official Records; e. A termination of that certain Option Agreement recorded as Entry 472832, at Book 672, Page 1, duly executed and acknowledged by Seller and City in the form attached hereto as Exhibit H; and f. Such other documents as may be reasonably required by the Title Company or as may be reasonably necessary or appropriate to effect the consummation of the transactions which are the subject of this Contract. 10. Property Approval Period. The "Contingency Date" shall be the date that is ninety (90) days following the Effective Date. Between the Effective Date and 5:00 p.m. MST on the Contingency Date (the "Property Approval Period"), the City shall have the right to review and investigate the Property. The City, in the City's sole and absolute discretion, may determine whether or not the Property is acceptable to the City within the Property Approval Period. At any time prior to the expiration of the Property Approval Period, the City may elect to terminate this Contract by delivering a written notice ("Termination Notice") to Seller (with a copy to the Title Company). If the City has not delivered a Termination Notice to Seller by the expiration of the Property Approval Period, the City will be deemed to have waived its right to terminate pursuant to this Section 10. If, prior to the expiration of the Property Approval Period, the City delivers a Termination Notice, then this Contract shall automatically terminate, and the parties shall have no further rights or obligations to one another under this Contract. 11. Entry and Inspection. During the Property Approval Period and subject to the remaining provisions of this Contract, the City and its agents, representatives, contractors and consultants (collectively, the "Licensee Parties") shall have the right to inspect and investigate the Property and conduct such tests, evaluations and assessments of the Property as the City deems necessary, appropriate or prudent in any respect and for all purposes in connection with the City's acquisition of the Property and the consummation of the transaction contemplated by this Contract. Subject to the provisions of this Section 11 and subject to the obligations set forth in Section 12 below, Seller will permit the Licensee Agenda Page 89 of 159 Parties to enter upon the Property at all reasonable times, during normal business hours, and to perform inspections of the Property. The City will provide to Seller written notice of the intention of any Licensee Parties to enter the Property at least forty-eight (48) hours in advance and specify the intended purpose therefor and the inspections and examinations contemplated to be made. At Seller's option, Seller or Seller's representatives may be present for any such entry and inspection. The City shall have the right to conduct environmental assessments of the Property to the extent the same is to be completed by a reputable and insured consultant licensed as required by the State of Utah and carrying the insurance required under Section 12 below; provided, that the City shall not conduct any invasive testing or sampling without first obtaining Seller's prior written consent, which consent may be withheld in Seller's sole discretion. If Seller permits any Licensee Parties to undertake any borings or other disturbances of the soil, the soil shall be recompacted to its condition as existed immediately before any such borings or other disturbances were undertaken. 12. Entry and Inspection Obligations. a. The City agrees that in entering upon and inspecting or examining the Property, the Licensee Parties will take all reasonable steps necessary to not: interfere with the operation and maintenance of the Property; damage any part of the Property; injure or otherwise cause bodily harm to Seller, or to any other person or entity; or permit any liens to attach to the Property by reason of the exercise of the City's inspection rights under this Contract. The City will: (i) maintain and cause those Licensee Parties entering the Property to maintain comprehensive general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms reasonably satisfactory to Seller covering any accident arising in connection with the activities of the Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage with Seller being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs. b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CITY HEREBY INDEMNIFIES, DEFENDS AND HOLDS SELLER AND ITS MEMBERS, PARTNERS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY LIENS, CLAIMS AND/OR CAUSES OF ACTION FOR ACTUAL DAMAGES (BUT IN NO EVENT CONSEQUENTIAL, SPECULATIVE, SPECIAL OR PUNITIVE DAMAGES), (INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEYS' FEES) ARISING OUT OF ANY INSPECTIONS, INVESTIGATIONS, EXAMINATIONS, ENTRIES, SAMPLINGS OR TESTS CONDUCTED BY ANY LICENSEE PARTY, WITH RESPECT TO THE PROPERTY OR ANY VIOLATION OF THE PROVISIONS OF THIS SECTION 12; PROVIDED THAT THE FOREGOING INDEMNITY SHALL NOT APPLY TO LIABILITY, COST, LOSS, DAMAGE OR EXPENSE TO THE EXTENT ATTRIBUTABLE TO (i) Agenda Page 90 of 159 THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SELLER OR ANY OF SELLER'S AGENTS, CONTRACTORS, OR EMPLOYEES, OR (ii) ANY CLAIMS, DAMAGES OR OTHER COSTS ARISING BY VIRTUE OF THE MERE DISCOVERY OF ANY PRE-EXISTING CONDITION AT THE PROPERTY BY OR IN CONNECTION WITH ANY INSPECTIONS, INVESTIGATIONS, EXAMINATIONS, ENTRIES, SAMPLINGS OR TESTS CONDUCTED BY THE CITY OR ANY LICENSEE PARTY, PROVIDED, THAT THE CITY SHALL BE RESPONSIBLE FOR ANY EXACERBATION OF A PRE-EXISTING CONDITION. 13. Sale "As -Is". THE TRANSACTION CONTEMPLATED BY THIS CONTRACT HAS BEEN NEGOTIATED BETWEEN SELLER AND THE CITY, AND THIS CONTRACT REFLECTS THE MUTUAL AGREEMENT OF SELLER AND THE CITY. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS CONTRACT, THE CITY AND SELLER AGREE THAT SELLER IS CONVEYING AND THE CITY IS TAKING THE PROPERTY ON AN "AS IS, WHERE IS" BASIS, WITH ANY AND ALL LATENT AND PATENT DEFECTS OR OTHER FAULTS. THE CITY ACKNOWLEDGES THAT THE CITY IS A KNOWLEDGEABLE, EXPERIENCED AND SOPHISTICATED PURCHASER OF REAL ESTATE, THAT IT IS SOLELY RELYING UPON ITS EXAMINATION OF THE PROPERTY AND THAT THE CITY IS NOT RELYING UPON ANY REPRESENTATION, WARRANTY, STATEMENT OR OTHER ASSERTION OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, ATTORNEYS OR BROKERS (THE "SELLER PARTIES"), NOR IS ANY SELLER PARTY MAKING ANY REPRESENTATION, WARRANTY, STATEMENT OR OTHER ASSERTION OF ANY KIND WHATSOEVER TO THE CITY, AS TO ANY MATTER CONCERNING THE PROPERTY, INCLUDING, WITHOUT LIMITATION: (I) THE QUALITY, NATURE, ADEQUACY AND PHYSICAL CONDITION OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPROVEMENTS, (II) THE QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF SOILS, GEOLOGY AND ANY GROUNDWATER, (III) THE EXISTENCE, QUALITY, NATURE, ADEQUACY AND PHYSICAL CONDITION OF UTILITIES SERVING THE PROPERTY, (IV) THE DEVELOPMENT POTENTIAL OF THE PROPERTY, AND THE PROPERTY'S USE, HABITABILITY, MERCHANTABILITY, SUITABILITY, MARKETABILITY, VALUE OR FITNESS OF THE PROPERTY FOR ANY PARTICULAR PURPOSE, (V) THE ZONING OR OTHER LEGAL STATUS OF THE PROPERTY OR ANY OTHER PUBLIC OR PRIVATE RESTRICTIONS ON USE OF THE PROPERTY, (VI) THE COMPLIANCE OF THE PROPERTY OR ITS OPERATION WITH ANY APPLICABLE CODES, LAWS, REGULATIONS, STATUTES, ORDINANCES, COVENANTS, CONDITIONS AND RESTRICTIONS OF ANY GOVERNMENTAL OR QUASI -GOVERNMENTAL ENTITY OR OF ANY OTHER PERSON OR ENTITY, (VII) THE PRESENCE OF HAZARDOUS MATERIALS ON, UNDER OR ABOUT THE PROPERTY OR THE ADJOINING OR NEIGHBORING PROPERTY, (VIII) THE QUALITY OF ANY LABOR AND MATERIALS USED IN ANY IMPROVEMENTS ON THE PROPERTY AND THE DESIGN THEREOF, (IX) THE CONDITION OF TITLE TO THE PROPERTY, AND (X) THE ECONOMICS OF THE OPERATION OF THE PROPERTY. THE CITY HAS CONDUCTED (OR WILL CONDUCT PRIOR TO THE EXPIRATION OF THE PROPERTY APPROVAL PERIOD) ITS OWN INDEPENDENT EXAMINATION OF THE PROPERTY, AS THE CITY DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY MATTER RELATING TO THE PROPERTY, INCLUDING HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND AS TO THE CITY'S PROPOSED USE OF THE PROPERTY. THE CITY, WITH THE CITY'S COUNSEL, HAS FULLY REVIEWED THE DISCLAIMERS AND WAIVERS SET FORTH IN THIS CONTRACT, AND UNDERSTANDS THE SIGNIFICANCE AND EFFECT Agenda Page 91 of 159 THEREOF. THE CITY ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS AND OTHER AGREEMENTS SET FORTH HEREIN ARE AN INTEGRAL PART OF THIS CONTRACT, AND THAT SELLER WOULD NOT HAVE AGREED TO CONVEY THE PROPERTY TO THE CITY WITHOUT THE DISCLAIMERS AND OTHER AGREEMENTS SET FORTH IN THIS CONTRACT. THE TERMS AND CONDITIONS OF THIS SECTION 13 WILL EXPRESSLY SURVIVE THE CLOSING AND WILL NOT MERGE WITH THE PROVISIONS OF ANY CLOSING DOCUMENTS. UPON CLOSING, THE CITY WILL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY THE CITY'S INSPECTIONS AND INVESTIGATIONS. WITHOUT LIMITING ANY OF THE PROVISIONS ABOVE IN THIS SECTION 13, EXCEPT WITH RESPECT TO A BREACH BY SELLER OF ANY OF THE SELLER'S REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS CONTRACT, THE CITY, FOR AND ON BEHALF OF ITSELF, ANY ENTITY AFFILIATED WITH THE CITY AND ITS SUCCESSORS AND ASSIGNS, WAIVES ITS RIGHT TO RECOVER FROM AND FOREVER RELEASES AND DISCHARGES THE SELLER AND THE OTHER SELLER PARTIES FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS, LEGAL OR ADMINISTRATIVE PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES, PENALTIES, FINES, LIENS, JUDGMENTS, COSTS OR EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS) OF WHATEVER KIND OR NATURE, DIRECT OR INDIRECT, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, EXISTING AND FUTURE, CONTINGENT OR OTHERWISE (INCLUDING ANY ACTION OR PROCEEDING, BROUGHT OR THREATENED, OR ORDERED BY ANY APPROPRIATE GOVERNMENTAL ENTITY) THAT MAY ARISE ON ACCOUNT OF OR IN ANY WAY BE CONNECTED WITH OR RELATING TO THE PROPERTY CONDITION OR ANY LAW OR REGULATION APPLICABLE THERETO, INCLUDING WITHOUT LIMITATION, ENVIRONMENTAL LAWS, ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, OR ANY ZONING, ENTITLEMENT AND/OR USE RESTRICTIONS, VIOLATIONS OF ANY APPLICABLE LAWS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. 14. Survey. The City may, at its sole cost and expense, procure its own survey of the Property (the "Survey"). The City shall provide Seller with a copy of any Survey that the City receives. 15. Review of Title Conditions. During the Property Approval Period, the City will review the title insurance commitment for the purpose of verifying that there are no adverse encumbrances or title conditions affecting the Property. In the event that the City identifies an unacceptable title condition it shall notify the Seller in writing of the defect or condition (the "Title Objections"), and the parties will confer in an attempt to resolve same prior to Closing. Seller shall have no obligation to cure any Title Objections. If Seller elects not to cure the unacceptable title condition, then the City may elect to terminate this Contract prior to the expiration of the Property Approval Period, and the parties shall be released from any further obligations. If the City does not terminate this Contract prior to the expiration of the Property Approval Period, the City shall be deemed to have elected to waive such Title Objections, in which case the Closing shall proceed as otherwise agreed. 16. Representations and Warranties. The parties agree to the following representations and warranties, which shall be deemed to survive the Closing: Agenda Page 92 of 159 a. Seller warrants that it has not entered into any unrecorded leases, easements, interests, or third party rights encumbering the Property; b. The City warrants that it is a Utah municipal corporation authorized to receive conveyances of real property; c. Both parties warrant and represent that this Contract is a valid, binding, and enforceable obligation executed after obtaining all necessary authority; d. The City represents and warrants that the execution and delivery of this Contract by the City and the consummation by the City of the transactions contemplated hereby will not violate any judgment, order, injunction, decree, regulation or ruling of any court or governmental authority or conflict with, result in a breach of, or constitute a default under the organizational documents of the City, any note or other evidence of indebtedness, any mortgage, deed of trust or indenture, or any lease or other material agreement or instrument to which the City is a party or by which it is bound; and e. The City represents and warrants that no consent, waiver, approval or authorization is required from any person or entity (that has not already been obtained) in connection with the execution and delivery of this Contract by the City or the performance by the City of the transactions contemplated hereby. 17. Prorations. Seller and the City agree to adjust, as of 11:59 p.m. on the day immediately preceding the Closing Date (the "Closing Time"), the following (collectively, the "Proration Items"): real estate and personal property taxes and assessments for the Property for the year in which Closing occurs. Seller will be charged and credited for the amounts of all of the Proration Items relating to the period up to and including the Closing Time, and the City will be charged and credited for all of the Proration Items relating to the period after the Closing Time. If the actual amounts of the Proration Items are not known as of the Closing Time, the prorations will be made at Closing on the basis of the best evidence then available and a final reconciliation of Proration Items shall be made at Closing. 18. Default by Seller. In the event the Closing of the transaction provided for herein does not occur as herein provided by reason of any default of Seller, the City may, as the City's sole and exclusive remedy, either: (a) terminate this Contract, after which Seller and the City will have no further rights or obligations under this Contract; or (b) pursue specific performance of this Contract, so long as any action or proceeding commenced by the City against Seller shall be filed no later than sixty (60) days after the scheduled Closing Date. 19. Default by the City. In the event the Closing of the transaction provided for herein does not occur as herein provided by reason of any default of the City, the Seller may, as the Seller's sole and exclusive remedy, terminate this Contract, after which Seller and the City will have no further rights or obligations under this Contract. 20. Notice. Prior to invoking any remedies under this Contract (other than termination for a party's failure to close the transaction in accordance with Section 9) the party desiring to invoke the remedy shall first deliver written notice to the other party identifying the act Agenda Page 93 of 159 or event constituting breach and affording that party a reasonable period of time, but not less than twenty (20) calendar days, in which to cure or abate the breach. Correction or abatement of the alleged breaching condition during the cure period shall be sufficient to reinstate all rights and obligations under this Contract. Notice under this Contract shall be in writing and delivered as follows: City of Moab Attention: Rebecca Davidson 217 East Center Street Moab, UT 84532 Stewart Lane LLC Attention: Sherri Conn 301 Commerce Street, Suite 3300 Fort Worth, TX 76102 with a copy to: Locke Lord LLP 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201 Attn: Billie J. Ellis, Jr. Notice may be sent to such other persons or addresses as the parties may designate in writing to the other. 21. Assignment. Prior to Closing, Seller shall not assign or transfer its rights under this Contract without the City's consent. Seller expressly reserves the right to convey, grant, transfer or assign any and all rights granted under this Contract after Closing. Seller may evidence any such conveyance, grant, transfer or assignment by a separate deed, conveyance or written agreement evidencing such designee. The City will not have the right to assign this Contract without Seller's prior written consent, to be given or withheld in Seller's sole and absolute discretion. This Contract will be binding upon and inure to the benefit of Seller and the City and their respective successors and permitted assigns, and no other party will be conferred any rights by virtue of this Contract or be entitled to enforce any of the provisions hereof. Whenever a reference is made in this Contract to Seller or the City, such reference will include the successors and permitted assigns of such party under this Contract. 22. Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto by reason of any breach of any of the covenants, agreements or provisions contained in this Contract, then the prevailing party will be entitled to have and recover of and from the other party all reasonable attorneys' fees and costs resulting therefrom. For purposes of this Contract, the term "attorneys' fees" or "attorneys' fees and costs" shall mean all court costs and the reasonable fees and expenses of counsel to the parties hereto, which may include printing, duplicating, freight charges, and fees billed for paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions Agenda Page 94 of 159 of this Section 22 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment. 23. Governing Law; Venue. This Contract is governed by Utah law. The sole venue for any dispute arising from this Contract shall be the Seventh Judicial District Court, Grand County, Utah. 24. Jury Waiver. The parties irrevocably waive any rights to trial by jury with respect to any dispute arising from this Contract, regardless of the denomination of any legal claims which may be brought. Any such action shall be decided by the court, sitting without a jury. 25. Merger. All provisions of this Contract which concern performances and obligations arising subsequent to the conveyance of the deed shall not be deemed merged, and shall remain enforceable subsequent to the Closing. 26. Integration; Modification. This Contract is the sole and complete agreement of the parties and supersedes all prior negotiations or representations between the parties as to the subjects described. No modification of this Contract shall be binding unless executed in writing by the lawful representatives of both parties. 27. Severability. In the event any provision of this Contract shall be deemed invalid or unenforceable it shall be stricken, and the remainder of the Contract shall remain enforceable without the stricken provision. 28. No Third Party Rights or Additional Process. This Contract does not confer any third party beneficiary rights. No third party shall have any rights to seek enforcement or any remedies under this Contract. It is additionally agreed that nothing in this Contract shall be deemed to confer or require any procedural or substantive due process rights beyond those specifically enumerated in this document. 29. Interpretation. This Contract is the product of mutual bargaining. It shall be interpreted in accordance with its plain meaning, regardless of the extent to which either party contributed to the drafting. 30. Additional Documents. The parties agree to cooperate in the execution and delivery of such additional documents as may be necessary to fully implement or give effect to all provisions of this Contract. 31. Counterparts. This Contract may be executed in separate counterparts which, when combined, shall constitute a valid and binding agreement between the parties. Electronic copies shall have the same effect as originals. 32. Maintenance of Confidentiality by Title Company. Except as may otherwise be required by law or by this Contract, the Title Company will maintain in strict confidence and not disclose to anyone the existence of this Contract, the identity of the parties hereto, the provisions of this Contract or any other information concerning the transactions contemplated hereby, without the prior written consent of the City and Seller in each instance. Agenda Page 95 of 159 33. Enforcement. In the event of any breach of this Contract, the non -breaching party may seek specific performance, rescission, or damages in conformity with the remedies specified in this Contract. In no event shall either party be liable to the other for incidental, special, exemplary, consequential or punitive damages, or other remote or unforeseen losses not specified herein. This Section 33 shall survive Closing or termination of this Contract. [Signature Pages Follow] Agenda Page 96 of 159 This Contract is valid and binding upon the later of the date(s) of execution set forth below. City of Moab: By: David Sakrison, Mayor Date Attest: By: Rachel Stenta, Recorder Date Stewart Lane LLC a Delaware limited liability company: By: Name: Title: Date Agenda Page 97 of 159 EXHIBIT A WASTEWATER TREATMENT FACILITIES MASTER PLAN [SEE FOLLOWING PAGES] Page 98 of 159 Recording requested by and when recorded return to: City of Moab 217 East Center Street Moab, UT 84532 Attn: Rebecca Davidson EXHIBIT B FORM OF QUITCLAIM DEED QUITCLAIM DEED THAT, Stewart Lane LLC a Delaware limited liability company ("Grantor"), whose address is 301 Commerce Street, Suite 3300, Fort Worth, TX 76102, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby QUITCLAIM unto the City of Moab, a Utah municipal corporation ("Grantee"), whose address is 217 East Center Street, Moab, UT 84532, its successors and assigns, all of Grantor's right, title and interest in and to the following described real property situated in Grand County, Utah, described on Exhibit A attached hereto and together will all structures, improvements, rights -of -way, easements, rents, issues, profits, income, tenements, hereditaments, privileges, appurtenances, mineral rights, and any and all other rights and interests, including any rights of access and prescriptive rights, if any, on, belonging to, or in any way appertaining to such land (the "Property"); provided, however, that Grantor reserves unto itself, its successors and assigns, all "Water Rights" (defined below) relating to or arising from the Property (however evidenced) . The term "Water Rights" is defined to mean all water rights and other rights to the use of water owned or claimed by Grantor appurtenant to or used in connection with the Property in any respect, including, without limitation, all riparian, surface, and subsurface water rights and all decreed rights, diligence rights, appropriation rights, certificates, permits, contracts, storage contracts, rights in water companies (water shares, water stock, and the like), and all other rights or entitlements for the use of or application of water, all pending permit or water rights applications, adjudication claims, water allocations, ditch rights, canal rights, and any and all other interests in any water, water rights, water delivery contracts, water district, or water company of any kind, all wells, well permits, appurtenant water rights, and all other rights to the usage or delivery of water. The Water Rights shall not be part of the Property herein conveyed to Grantee. Notwithstanding anything herein to the contrary, Grantor's reservation of the Water Rights herein shall not be deemed to apply to any rights pertaining to discharges or effluent from the new wastewater treatment facility to be constructed on the Property, and Grantor disclaims any rights or interest with respect to all such waters. This conveyance is made subject to all oil, gas, mineral and royalty reservations, rights -of -way, interests, exceptions, easements, conditions, and liens and encumbrances subsisting as of the date hereof, including, without limitation, that certain Declaration of Restrictive Covenants filed by Grantor on or about the date hereof (collectively, hereinafter called the "Existing Encumbrances"). IT IS EXPRESSLY UNDERSTOOD AND AGREED that the Property is conveyed upon the express condition that the Grantee construct a new wastewater treatment facility (the "New Facility") upon the Property. If Grantee fails to commence construction of the New Facility on the Agenda Page 99 of 159 Property on or before July 1, 2019 (the "Commencement Date"), Grantor (or Grantor's successors or assigns) shall have the right, exercisable by notice from Grantor to Grantee provided on or before October 1, 2019, to reenter, take possession of, and assume ownership of and retake title to the Property by any and all legal or equitable means and, upon such reentry, all right, title, and interest in the Property held by Grantee shall terminate and all such right, title and interest to the Property shall revert to the Grantor (or Grantor's successors or assigns), it being the intent of the Grantor to convey Grantor's right, title and interest to the Property subject to the condition subsequent and the right of reversion contained herein. The term "commence construction" as used herein is defined to mean the date when substantial physical construction in accordance with that certain Moab WWTP Facilities Master Plan prepared by Bowen Collins & Associates, Inc. ("Bowen") for Grantee dated February 2015, Consultant Job No. 130-14-03, the Overall Site Plan and Bench Mark Location prepared by Bowen, Drawing No. C-01, Project No. 130-15-04, dated March 2016 attached hereto as Exhibit B and the plans and specifications referenced in Exhibit C attached hereto and incorporated herein for all purposes (including, at a minimum, excavation for foundations or the installation or erection of permanent improvements) has begun with the intention to proceed to completion without foreseeable interruption of material duration and Grantee has completed all pre -construction engineering and design, received all licenses, permits and local, state and national environmental clearances necessary for the construction of the New Facility and has engaged a contractor. Grantor expressly reserves the right to convey, grant, transfer or assign unto another grantee or designee any and all reversionary rights granted under this paragraph together with any rights and appurtenances thereto. Grantor may evidence any such conveyance, grant, transfer or assignment by a separate deed, conveyance, or written agreement evidencing such grantee or designee. Upon reentry and retaking of title by Grantor or its successors and assigns, Grantor or its successors and assigns shall take title free and clear of the condition set forth in this instrument. In the event that Grantee fails to commence construction on or before July 1, 2019, and Grantor fails to notify Grantee of its exercise of its right to reenter, take possession of, and assume ownership of and retake title to the Property by October 1, 2019, the condition subsequent set forth herein shall be deemed to have lapsed and Grantee shall own the Property in fee simple absolute. Except as expressly set forth herein, no delay, postponement, or omission of Grantor in the exercise of any rights created hereunder shall impair or invalidate such right, or be construed to be a waiver thereof. Grantor's rights under this instrument shall be cumulative with any other rights or remedies that Grantor has with respect to the Property. Grantee hereby acknowledges that the Property is conveyed to Grantee as a gift to Grantee, agrees to take title subject to the terms and conditions contained in this Quitclaim Deed and agrees to all of the terms and conditions set forth herein. By acceptance of the conveyance evidenced hereby, Grantee hereby specifically agrees as follows: AS A MATERIAL PART OF THIS CONVEYANCE, GRANTEE AND GRANTOR AGREE THAT GRANTOR IS CONVEYING AND GRANTEE IS TAKING THE PROPERTY ON AN "AS IS, WHERE IS" BASIS, WITH ANY AND ALL LATENT AND PATENT DEFECTS OR OTHER FAULTS. GRANTEE ACKNOWLEDGES THAT GRANTEE IS A KNOWLEDGEABLE, EXPERIENCED AND SOPHISTICATED PURCHASER OF REAL ESTATE, THAT IT IS SOLELY RELYING UPON ITS EXAMINATION OF THE PROPERTY AND THAT GRANTEE IS NOT RELYING UPON ANY REPRESENTATION, WARRANTY, STATEMENT OR OTHER ASSERTION OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM GRANTOR, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, ATTORNEYS OR BROKERS (THE "GRANTOR PARTIES"), NOR IS GRANTOR PARTY MAKING ANY REPRESENTATION, WARRANTY, STATEMENT OR OTHER ASSERTION OF ANY KIND Agenda Page 100 of 159 WHATSOEVER TO GRANTEE, AS TO ANY MATTER CONCERNING THE PROPERTY, INCLUDING, WITHOUT LIMITATION: (I) THE QUALITY, NATURE, ADEQUACY AND PHYSICAL CONDITION OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPROVEMENTS, (II) THE QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF SOILS, GEOLOGY AND ANY GROUNDWATER, (III) THE EXISTENCE, QUALITY, NATURE, ADEQUACY AND PHYSICAL CONDITION OF UTILITIES SERVING THE PROPERTY, (IV) THE DEVELOPMENT POTENTIAL OF THE PROPERTY, AND THE PROPERTY'S USE, HABITABILITY, MERCHANTABILITY, SUITABILITY, MARKETABILITY, VALUE OR FITNESS OF THE PROPERTY FOR ANY PARTICULAR PURPOSE, (V) THE ZONING OR OTHER LEGAL STATUS OF THE PROPERTY OR ANY OTHER PUBLIC OR PRIVATE RESTRICTIONS ON USE OF THE PROPERTY, (VI) THE COMPLIANCE OF THE PROPERTY OR ITS OPERATION WITH ANY APPLICABLE CODES, LAWS, REGULATIONS, STATUTES, ORDINANCES, COVENANTS, CONDITIONS AND RESTRICTIONS OF ANY GOVERNMENTAL OR QUASI -GOVERNMENTAL ENTITY OR OF ANY OTHER PERSON OR ENTITY, (VII) THE PRESENCE OF HAZARDOUS MATERIALS ON, UNDER OR ABOUT THE PROPERTY OR THE ADJOINING OR NEIGHBORING PROPERTY, (VIII) THE QUALITY OF ANY LABOR AND MATERIALS USED IN ANY IMPROVEMENTS ON THE PROPERTY AND THE DESIGN THEREOF, (IX) THE CONDITION OF TITLE TO THE PROPERTY, AND (X) THE ECONOMICS OF THE OPERATION OF THE PROPERTY. GRANTEE HAS CONDUCTED ITS OWN INDEPENDENT EXAMINATION OF THE PROPERTY, AS GRANTEE DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY MATTER RELATING TO THE PROPERTY, INCLUDING HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND AS TO GRANTEE'S PROPOSED USE OF THE PROPERTY. GRANTEE, WITH GRANTEE'S COUNSEL, HAS FULLY REVIEWED THE DISCLAIMERS AND WAIVERS SET FORTH IN THIS DEED, AND UNDERSTANDS THE SIGNIFICANCE AND EFFECT THEREOF. GRANTEE ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS AND OTHER AGREEMENTS SET FORTH HEREIN ARE AN INTEGRAL PART OF THIS CONVEYANCE, AND THAT GRANTOR WOULD NOT HAVE AGREED TO CONVEY THE PROPERTY TO GRANTEE WITHOUT THE DISCLAIMERS AND OTHER AGREEMENTS SET FORTH IN THIS DEED. GRANTEE ASSUMES THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE, FOR AND ON BEHALF OF ITSELF, ANY ENTITY AFFILIATED WITH GRANTEE AND ITS SUCCESSORS AND ASSIGNS, WAIVES ITS RIGHT TO RECOVER FROM AND FOREVER RELEASES AND DISCHARGES GRANTOR AND THE OTHER GRANTOR PARTIES FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS, LEGAL OR ADMINISTRATIVE PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES, PENALTIES, FINES, LIENS, JUDGMENTS, COSTS OR EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS) OF WHATEVER KIND OR NATURE, DIRECT OR INDIRECT, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, EXISTING AND FUTURE, CONTINGENT OR OTHERWISE (INCLUDING ANY ACTION OR PROCEEDING, BROUGHT OR THREATENED, OR ORDERED BY ANY APPROPRIATE GOVERNMENTAL ENTITY) THAT MAY ARISE ON ACCOUNT OF OR IN ANY WAY BE CONNECTED WITH OR RELATING TO THE PROPERTY CONDITION OR ANY LAW OR REGULATION APPLICABLE THERETO, INCLUDING WITHOUT LIMITATION, ENVIRONMENTAL LAWS, ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, OR ANY ZONING, ENTITLEMENT AND/OR USE RESTRICTIONS, VIOLATIONS OF ANY APPLICABLE Agenda Page 101 of 159 LAWS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. Grantee and the person signing this Quitclaim Deed on behalf of Grantee represent and acknowledge that the covenants of Grantee contained in this Quitclaim Deed constitute contractual arrangements of Grantee and covenants pertaining to real property and are entered into through the Grantee's proprietary authority and functions and, if said covenants are breached, in addition to other remedies of Grantor, Grantor may bring actions to recover, obtain possession of, or quiet title to real property. Grantee further covenants and agrees that (i) the person signing this Quitclaim Deed on behalf of Grantee is authorized to sign this Quitclaim Deed on behalf of Grantee, (ii) all legislative approval or action or other action necessary for Grantee to execute and perform the terms of this Quitclaim Deed have been duly taken by Grantee, (iii) no other signature and/or authorization is necessary for Grantee to enter into and perform the terms of this Quitclaim Deed, and (iv) Grantee is bound to its obligations set forth in this Quitclaim Deed. -Signature Pages Follow - Agenda Page 102 of 159 IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed on the dates set forth in the acknowledgments below, to be effective as of , 2016. GRANTOR: STEWART LANE LLC_, a Delaware limited liability company By. Name: Title: STATE OF § § COUNTY OF § This instrument was acknowledged before me this day of 2016, by of STEWART LANE LLC, a Delaware limited liability company, on behalf of said limited liability company. [SEAL] My commission expires: Notary Public in and for the State of [Signatures Continue on Next Page] Agenda Page 103 of 159 STATE OF § COUNTY OF § § GRANTEE: CITY OF MOAB, a Utah municipal corporation By: David Sakrison, Mayor This instrument was acknowledged before me this day of , 2016, by David Sakrison, Mayor of the City of Moab, a Utah municipal corporation, on behalf of said municipal corporation. [SEAL] My commission expires: Notary Public in and for the State of Attest: By: Rachel Stenta, City Recorder STATE OF COUNTY OF § § § This instrument was acknowledged before me this day of , 2016, by Rachel Stenta, City Recorder of the City of Moab, a Utah municipal corporation, on behalf of said municipal corporation. [SEAL] My commission expires: Notary Public in and for the State of Agenda Page 104 of 159 Exhibit A Land A parcel of land in Lot 3 of Section 2,T 26 S, R 21 E, SLM, Grand County, Utah, more particularly described as follows: Beginning at the NE corner of Lot 3 (North 1/4 Corner) of Section 2, T 26 S, R 21 E, SLM, and proceeding thence South 440.00 ft. to a corner, thence S 89°54'00" W (Record=West) 499.00 ft. to a corner, thence North 440.00 ft. to a corner on the north line Lot 3 of said Section 2, thence with said line N 89°54'00"E (Record=East) 499.00 ft. to the point of beginning and containing 5.04 acres, more or less; Tax Parcel No. 03-002-0088. Agenda Page 105 of 159 Exhibit B Site Plan ... ,.... -,.. g ! al .1 1. .1 1 1 1 Mi 'J It..-.:4 Isim= . , • • .1r, • I 611•11.1 PrIlbi.: 1111.111f +UP: Kik: lilAkTF r'' — - • 1 Ir. • i 1 \ . i 1 I I 1 , I \ Lir ,F-.7. FE 1 / A_EN"..fi-,, 1111, 1 ! Pril ) IV -.1-,;F L ' ,:§:$ ,:r. If 1'0. 4 .F.OVI ...1.-iserm. i 1 I I I I • 'I i I . 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VIP 1 mokr 1 u•• ,..' 1 inliC NI Lin 1.11.14X. . . • .," PI n7 / V;11.tAk ....._._. ••••• .-•- •• .... ... ... . ••Ae4:' /...--DIRK Ili __,- _ _ -1'" 1 _L:=1._ .w-1._:. - Agenda Page 106 of 159 Exhibit C Plans and Specifications ;#Crete ti#:#:tt==t4._s___c_ Rhe`eS eeeeg;•=.ae.o ns w.-.x+ .. i 1111111 1adi541 F#{r�{4 F m11 F# 3!dcd'e! #F#F HMI ■ MI cc=4iis$ m a i; MI M I; F 1311111i r i li;9iiiiilligalii 3€ �� W1 ij��il! q 4 i l €ii2li Ill 1 1 4 1 illy 1 ! . ;;.g 3.S#F$.*,,*FY **II** in *rteX Y *an*** Yi.a itttitbt#El# FEE551 i i�ii�lWIIIlIo� MI: UM it HMI MI IM =HUM i�� �¢g iliiii i !iE!E 1111111;1F pagA�� ilifiiiillIiii 1"111 11 1 f1F �3�� 11111 Ate3€�1 111 �Ri'�-__9111 F i I 1._1 111111 �RA��A i 1111I1 111111 IN 11I13 33���` € � � 111111111111 � iR�RfR'�01111i,iiilliiiiiiil}9 . Bil it EA FTE.F.EsiiE.FFEEiE S:iF.5.5 vELie aF5 U iiiiiiiiiiii M 1ti 1:g1:::11::S 8 s U. iii FOrrii II I 1 p ii fi I�g€ iMiHIRMW /1/11/1/N 1 o Itl l i pO Y V I- INDEX OF DRAwINGS MO NOIER 161 THAI FKAUTY "~"" { roan Gots etiw. .. ne•,w Y fr➢[• e5v [WORMar - — -- _ ..w.11... .x �, 7 � a�� �::u . s... Hen c* Agenda Page 107 of 159 EXHIBIT C SITE PLAN AND PLANS AND SPECIFICATIONS FOR NEW FACILITY veasaas eaeeaaiaesaaaaees�ae eeaaae seorr:o:oo.oG ao .—.....�. a /1/1/11 ��gI €ii 11 i:' $ 1 1/1 11111111111"1 li �1 p &1I HIM ��p 1;III€IiI11 WPM; gli u F ---- ei 4 aI i III 0 ; 45 !I: t 1 QV6b79�fi=Fi&s4e�acee ce-one e� eax=Wes ey�Yee eieeaeieeeeaa IIIIII �er���#:;M:1 MI N HIM HMI 7n.a 0 a111iy1Y8F35 !!!)1111111111111!!! ° . 11111� _:._ 1 . 11iii2i2292i9111111 91SG11 CCC PH 1 11 Iii IIIII1 i 1 link 1 Nil � ill � �11111111I111,�1Frr9�9r�F� 'll 1 I 9� 1 Min i ; Y i : E: E T K L■ r4 E S S E E 6 ri 6 ! Y i. F: A i Y i iiiiiiiiiiiiiu lgil;i�8�PE8iu ng ijs 11 1 .. 6 Ili a ke '.1- } i 222 Hi -.ill 11111 Ilip1 ' 1 1 11111 I; 4 ! A I� 4 INDEk OF IDIUWING$ ro ...x r� NGAB WATER REELW;10.14 Four( "` goxrn Coons s�f,.:21,1 or9o' a aY.x.. c.4.�u ® _ — _! ...4......, ���T1 eY y�yo-+FN : Agenda Page 108 of 159 r 4J- — • II 1 Anlm•Ila.L 11#1.01 1. f li���il r�r 14 t i• qY Li! OVERALL SITE PLAN AND E3EKOH MARK LOCATION MI. .T41fY f CS11-01 MN49 WATER FECAMTIEN FACIu� MO. 111112011M1 � a faldY 1,24.. 1 K +� f � R. d}R3Y Yrsi�Y itBogen Collins Agenda Page 109 of 159 EXHIBIT D PLANS AND SPECIFICATIONS FOR DECOMMISSIONING x .3311IO03 NNIlmStiO� �u •5a71w547,55y & suipo4 ueMOla Wid N4111141400 d1MM 4Nusou 8V41N • eaeyns plln NB Bueaea pl uolellwep Lurm Bleelre3 ePQA 10 9e919 spell Moleq 4. pedw0p pue 1q Ileye +gpenuoa -eaepr. pungdl Wilms Holey seyaul JC uayl 91E1 lob of pe.WEl Ws pegwpwep eq esgs senpnns epa,B ivoleg'Me }uauldnl8e IWIL 19e1Ie 1.u4nl a immix la '9p9A Fegmuca 'eBu1prq d Pe111.11 feu 1N4 e�Pel�ul more, MILA a,l 13u011 he ID a4mmp rue me.rep d,n'ddlwc0 V. 1 NOLL733e1151N 3N[Np11-1] N9119'15 dWfld LN3f11J l3 oN391Cde93 En En ©. ©~•"{ 111)r- V 4" On11--. 0 MI=IEN ©� 31M1)51J1Sl9aie1a7 Mind© ;-1 •�Rn © ' . r © ` � • r 4 0 151315 AS 11 ❑LV93N39 03N3511117Y3 N911V1S dSNRd 300715 9NIC11119 1DI11N03 111319910 OT&9NIANO 3907k5 tl319910 7131d11itru Milt0 t0335 31e717f11115191111{1]7 MUH 3VrILN1 kaii0111i1C7 M013 9011014a 57141:1M9V3 H Page 110 of 159 suoiro uaN11]$ NV1E1 NOLLVUOISMI ivrad30NO3- dJ14 M dDN1 1 Page 111 of 159 a) Q EXHIBIT E LEGAL DESCRIPTION OF EXISTING FACILITY A description of the property cc dapiecl by the Moab City Wastewater Treatment Plant locate¢ in the southwest 1/4 of Section 35, T 25 S, R 21 E, SLM, Grand County, Utah, more particularly described as follows: BEGINNING AT A POINT THAT BEARS N85°32'W 251.1 FT FROM THE SOUTH 1/4 CORNER OF SAID SECTION 35 AND PROCEEDING -T ENCE Si89°53"W 534,7, THENCE NO0'01'W 318.0 FT., THENCE N89°53'E 95.0 F7., THENCE NO0'01'W 10,0 FT., THENCE N89a59'E 124,0 FT., THENCE SCC°01'E. 10-0 FT., THENCE S.89°55'E 211.8 FT., THENCE SOO°O 1' E 174.1 FT., THENCE S89° 59 T 107.6 FT., THENCE SCO°06 "E 142.8 FT. TO THE 20INT OF BEGINNING AND CONTAINING SOME 3.47 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE MONU E TED SOUTH LINE SE 1/4 SECTION 35 WHIM 1S TAKEN TO BE S89°53'W, Page 112 of 159 EXHIBIT F RESTRICTIVE COVENANTS ON EXISTING FACILITY Recording requested by and when recorded return to: Stewart Lane LLC c/o Locke Lord LLP 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201 Attn: Billie J. Ellis, Jr. PARCEL I.D. #: DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration') is made effective as of , 2016 (the "Effective Date") by the City of Moab, a Utah municipal corporation (hereinafter referred to as "Declarant"). Recitals 1. Declarant is the fee owner of that certain real property (the "Property") more particularly described in Exhibit A attached hereto and incorporated herein for all purposes. 2. Stewart Lane LLC, a Delaware limited liability company ("Stewart"), intends to convey to Declarant certain real property described in Exhibit B attached hereto and incorporated herein for all purposes (the "Conveyed Property") on or about the Effective Date. Declarant intends to construct a new water treatment plant facility (the "New Facility") on the Conveyed Property, in accordance with plans and specifications provided to Stewart. 3. The Property includes an existing wastewater treatment plant facility (the "Existing Plant"). Declarant has agreed to close and decommission the Existing Plant and complete the Reclamation (as hereinafter defined) of the Property (the "Decommissioning Project"). After the completion of the Decommissioning Project, Agenda Page 113 of 159 Declarant has agreed to maintain the Property as open space in perpetuity (the "Open Space Requirement"), all in consideration of and as a material inducement for the conveyance of the Conveyed Property from Stewart to Declarant. 4. In furtherance of the Decommissioning Project and the Open Space Requirement, Declarant intends that this Declaration and the restrictive covenants and prohibited uses contained herein shall bind Declarant, its successors, assigns or successors -in -interest, and shall run with the Property in perpetuity, subject to the terms and conditions set forth in this Declaration. NOW, THEREFORE, Declarant hereby declares that the Property is hereby subjected to the provisions of this Declaration and the Property shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, and restrictions, set forth herein, which shall run with the title to the Property subject to this Declaration and shall be binding on all persons having any right, title, or interest in all or any portion of the Property during the period in which such persons own and hold such interests, their respective heirs, legal representatives, successors, successors -in -title, and assigns. Definitions For purposes of this Declaration: "Owner" shall mean Declarant, subsequent owners of all or any portion of the Property, and their respective successors, assigns, personal representatives or heirs, as applicable. "Plans" shall mean (i) the Moab Existing WWTP Demolition Plan prepared by Bowen Collins & Associates, Inc. ("Bowen") and (ii) the Moab WWTP-Conceptual Restoration Plan prepared by Bowen, both of which are attached hereto as Exhibit C. "Reclamation" shall be defined to include the closure of the Existing Plant, regrading of the site, removal of all existing treatment facilities in conformity with all applicable regulations of the Utah Department of Environmental Quality (DEQ) and the installation of landscaping on the location of the Existing Plant in conformity with the Plans including the planting of native grass or vegetation on the entirety of the Property. "Steward" shall mean Stewart and Stewart's successors, assigns, personal representatives or heirs, as applicable, or such other person, persons, entity or entities that Stewart or Stewart's successors, assigns, personal representatives or heirs, as applicable, may designate as Steward. Reclamation and Decommission Upon the completion of the construction of the New Facility to be constructed on the Conveyed Property, Declarant shall promptly proceed with Decommissioning Project. Notwithstanding any failure by Declarant to complete the New Facility, Declarant shall complete the decommissioning and Reclamation of the Existing Plant by October 1, 2020 (the Agenda Page 114 of 159 "Decommissioning Date") in accordance with the Plans. Declarant shall retain its ownership of the Property. In the event that Declarant fails to complete the Decommissioning Project by the Decommissioning Date, Steward, as its sole remedies for failure to complete the Decommissioning Project, may exercise one or more of the following remedies: (i) enter the site in order to cause all or any portion of the Decommissioning Project to be completed and recover from Declarant sums equal to any costs Steward reasonably expends to complete the Decommissioning Project, including all reasonable attorney fees, and/or (ii) obtain a decree of specific performance directing Declarant to complete the Decommissioning Project, and recover from Declarant all court costs, reasonable attorney fees and other out-of-pocket costs incurred by Steward in enforcing its remedies hereunder. Prohibited Uses From and after the earlier of (i) the Decommissioning Date, or (ii) the date on which the Decommissioning Project is completed, Declarant shall not use the Property or knowingly permit others to use the Property for any use other than for unimproved, public open space, and any and all commercial, residential or industrial use of the Property shall be prohibited, including without limitation the following prohibited uses (collectively, the "Prohibited Uses"): i. development, division, subdivision or defacto subdivision (through long term leasing or otherwise) of the Property for any type of residential or commercial use; ii. construction of buildings, residences, parking lots or any other structures or improvements; iii. construction of additional telephone, cable television, electric, gas, water, sewer or other utility lines in, under or upon the Property; iv. quarrying, mining, excavation, depositing, or removing of rocks, gravel, minerals, sand, or other similar materials from the Property; v. exploration, drilling for or production of oil, gas, or other hydrocarbons; vi. construction of any new roads; vii. mining or removal of groundwater for use off of the Property including, but not limited to the sale, removal or transfer of water rights and shares for use off of the Property; viii. diversion of groundwater or bodies of water located on the Property for any purpose; ix. the storage or release of any hazardous materials or substances (as defined under any federal or state law); Agenda Page 115 of 159 x. placement, erection, or maintenance of signs, billboards, or outdoor advertising structures on the Property, except that Declarant may install signs on the Property notifying the public of applicable use regulations; xi. hunting or trapping animals, except for the removal of diseased or problem animals; xii. any industrial use of or activity on the Property; xiii. any use or activity that causes or is likely to cause significant soil degradation or erosion, significant damage to existing natural vegetation or significant depletion or pollution of any surface or subsurface waters; xiv. the draining, filling, dredging, or diking of any wetland areas; xv. the introduction or release of nonnative animal species; xvi. the use, exercise, or transfer of development rights on or to the Property, or any portion thereof; xvii. use of snowmobiles, all -terrain vehicles, motorcycles or other motorized vehicles, except in connection with the maintenance of the Property; xviii. the keeping or storage of any automobiles, trucks, campers, travel trailers, motor homes, boats, heavy equipment, or other type of machinery; and xix. except in connection with the Decommissioning Project, landscaping or erosion control purposes otherwise permitted hereunder, changing the topography of the Property, including without limitation by excavation, leveling, grading, terracing or depositing landfill or other material. Future Conveyances Upon the conveyance or transfer of all or any portion of the Property the documents conveying or transferring the interest in the Property shall make express reference to the requirement to complete the Decommissioning Project (if not yet completed), the Prohibited Uses and the restrictive covenants set forth in this Declaration, and the grantee in such deed or other instrument shall, as a part of the consideration for such conveyance or transfer, covenant and agree that the grantee will comply with and conform to all of the terms, conditions and covenants set forth in this Declaration. Declarant, its successors and assigns, shall provide prior written notice to Steward at the notice address for Steward set forth below in this Declaration or at such other address as Steward shall provide notice thereof to Declarant, in the manner set forth below) of any planned conveyance of the Property and shall provide a copy of any conveyance instruments within ten (10) days after the consummation of any such conveyance. Term Agenda Page 116 of 159 The covenants, conditions and restrictions contained in this Declaration shall be effective commencing on the date of recordation of this Declaration in the real property records of Grand County, Utah and shall remain in full force and effect thereafter for a period of ninety-nine (99) years, unless this Declaration is terminated or cancelled by Steward, in accordance with the provisions set forth herein or if a lesser term is required by applicable law. Thereafter, the term shall be renewed automatically for successive periods of ten (10) years unless Steward executes and records a statement terminating this Declaration in the real property records of Grand County, Utah. Notice All notices, requests, demands and other communications under this Agreement shall be in writing and shall be given by (i) express mail (or other established express delivery service which maintains delivery records), (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested, to the parties at the following addresses, or such other addresses as the parties may designate from time to time by written notice in the above manner: To Stewart or Steward: With a copy to: To Declarant: Stewart Lane LLC 301 Main Street, Suite 3300 Fort Worth, Texas 76102 Attention: Ms. Sherri Conn Locke Lord LLP 2200 Ross Ave., Suite 2800 Dallas, Texas 75201 Attention: Mr. Billie J. Ellis and Locke Lord LLP 600 Travis, Suite 2800 Houston, Texas 77002 Attention: Mr. Jeffrey M. Smith City of Moab 217 East Center Street Moab, Utah 84532 Attn: Rebecca Davidson Agenda Page 117 of 159 Notices shall be deemed effective upon receipt, or upon attempted delivery thereof if the delivery is refused by the intended recipient or if delivery is impossible because the intended recipient has failed to provide a reasonable means of accomplishing delivery. Enforcement (a) Steward shall have the right, but not the obligation, to enforce this Declaration and the restrictive covenants contained herein. Steward shall have all rights at law and in equity in the event of a violation of this Declaration. No third parties are intended to be beneficiaries of, and no third parties other than Steward shall be entitled to enforce, this Declaration or the restrictive covenants contained herein. Owner shall not be deemed in default under this Declaration unless Owner has received written notice of the alleged violation from Steward and Owner fails to cure such violation within fifteen (15) days from receipt of such notice; provided, however, if more than fifteen (15) days are reasonably required for its cure, then Owner shall not be deemed in default if Owner commences such cure within such fifteen (15) day period and thereafter diligently prosecutes such cure to completion, such period not to extend beyond ninety (90) days. (b) In the event that any action or court proceeding is brought by a party to enforce the terms of or obligations under this Declaration, the prevailing party shall be entitled to recover reasonable attorney fees and costs. (c) No delay or omission of Steward in the exercise of any rights or remedies created hereunder shall impair such right or remedy, or be construed to be a waiver thereof, and every such right or remedy may be exercised at any time during the continuance of an event of default hereunder. A waiver by Steward of a breach of, or default in, any of the terms and conditions of this Declaration shall not be construed to be a waiver of any subsequent breach thereof or of any other provision of this Declaration. Except as otherwise specifically provided in this Declaration, no right or remedy provided in this Declaration shall be exclusive, but shall be cumulative with all other remedies provided for in this Declaration and all other remedies at law or in equity which are available. (d) Declarant and the person signing this Declaration on behalf of Declarant represent and acknowledge that the covenants of Declarant contained in this Declaration constitute contractual arrangements of Declarant and covenants pertaining to real property and are entered into through the Declarant's proprietary authority and functions and, if said covenants are breached Steward may exercise all remedies set forth in this Declaration. Authority Declarant covenants and agrees that (i) the person signing this Declaration on behalf of Declarant is authorized to sign this Declaration on behalf of Declarant, (ii) all legislative approval or action or other action necessary for Declarant to execute and perform the terms of this Declaration have been duly taken by Declarant, (iii) no other signature and/or authorization is necessary for Declarant to enter into and perform the terms of this Declaration, and (iv) Declarant is bound to its obligations set forth in this Declaration. Agenda Page 118 of 159 General Declarant acknowledges that the completion of the Decommissioning Project and the Prohibited Uses established by this Declaration are material inducements for Stewart's conveyance of the Conveyed Property to Declarant. This Declaration and the restrictive covenants contained herein are effective as of the Effective Date, are binding on Declarant and all subsequent Owners of the Property, and shall continue as a servitude running in perpetuity with the Property subject to the terms and conditions set forth herein. This Declaration and all rights and obligations of the parties hereunder are subject and subordinate to all easements, subsurface rights, covenants, restrictions, and other encumbrances (whether or not of record) existing on the Effective Date. Every provision of this Declaration that applies to the Declarant shall also apply to its respective agents, heirs, executory, administrators, assigns, and all other successors as their interests may appear, including any subsequent Owner. If any portion of this Declaration, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Declaration, or application of such provision to persons or circumstances other that those as to which it is found to be invalid, as the case may be, shall not be affected thereby. The recitals set forth above are incorporated into this Declaration by this reference. This Declaration may be amended only by a written agreement executed by Declarant and Steward, unless otherwise provided for by applicable law. This Declaration is governed by Utah law. The exclusive venue for any dispute arising under this Declaration shall be the Seventh Judicial District Court, Grand County, Utah. The parties irrevocably waive any rights to trial by jury with respect to any dispute arising from this Declaration, regardless of the denomination of any legal claims which may be brought. In any proceeding the parties agree that the matter shall be decided by a court, sitting without a jury. [Signature pages follow.] Agenda Page 119 of 159 Executed as of the date set forth in Declarant's acknowledgment below to be effective as of the Effective Date. "Declarant" CITY OF MOAB, a Utah municipal corporation By: David Sakrison, Mayor STATE OF COUNTY OF This instrument was acknowledged before me this day of , 2016, by David Sakrison, Mayor of CITY OF MOAB, a Utah municipal corporation, on behalf of said municipal corporation. [SEAL] My commission expires: Notary Public in and for the State of Attest: By: Rachel Stenta, City Recorder Agenda Page 120 of 159 STATE OF COUNTY OF § § § This instrument was acknowledged before me this day of , 2016, by Rachel Stenta, City Recorder of CITY OF MOAB, a Utah municipal corporation, on behalf of said municipal corporation. [SEAL] My commission expires: Notary Public in and for the State of ACKNOWLEDGED AND AGREED TO: "Stewart" STEWART LANE LLC, a Delaware limited liability company By: Name: Title: STATE OF COUNTY OF § § § This instrument was acknowledged before me this day of , 2016, by , a of the STEWART LANE LLC, a Delaware limited liability company, on behalf of said limited liability company. [SEAL] My commission expires: Notary Public in and for the State of Agenda Page 121 of 159 EXHIBIT A PROPERTY A description of the property occupied by the Moab City Wastewater Treatment Plant locate4 in the southwest 'Ai of Section 35, T 25 S, R 21 E, SLM, Grand County, Utah, more particularly described as follows: BEGINNING AT A POINT' THIN HEARS N85°32'W 251,1 FT FROM THE SOUTH'/, CORNER OF SAID SECTION 35 AND PROCEEDING TITEN S89°53'W 534,7, THENCE NO0'01'W 318.0 FT., THENCE N89°53'E 95.0 FT., THENCE NOCr011il 10.0 FT., THENCE N89459'E 120.0 FT., THENCE SOTO1'E. 10_0 FT., THENCE S8V55'E 211,8 FT., THENCE SO0°01'E 174.1 FT., THENCE S89'59'E 107.6 FT., THENCE .9040a06'E 142_8 FT. TO THE POINT OF BEGINNIM AND CONTAINING SOME 3.47 ACRES MORE OR LESS. BEARDIGS A.RE BASED ON THE MONUMENTED SOUTH LINE SE'I4 SECTION 35 WHICH IS TARN TO BE 889°53'. Page 122 of 159 EXHIBIT B CONVEYED PROPERTY A parcel of land in Lot 3 of Section 2,T 26 S, R 21 E, SLM, Grand County, Utah, more particularly described as follows: Beginning at the NE corner of Lot 3 (North 1/4 Corner) of Section 2, T 26 S, R 21 E, SLM, and proceeding thence South 440.00 ft. to a corner, thence S 89°54'00" W (Record=West) 499.00 ft. to a corner, thence North 440.00 ft. to a corner on the north line Lot 3 of said Section 2, thence with said line N 89°54'00"E (Record=East) 499.00 ft. to the point of beginning and containing 5.04 acres, more or less. Tax Parcel No. 03-002-0088. Agenda Page 123 of 159 EXHIBIT C PERN10N) oninnsran 7111 '5a11 1D5sy g Milan uanrog NVicl Np11110113O d1MM DNI151X3 8V01^I ‘pf aaallne punnk flun Sl.e 41 Porma ep u1p11 bNerSel KIM 1p wale epelb eoli9 Fupe pedwna pupa 96 HEM 1plpalluon lansliw punt BMW! oho 50.13u1-9E U 44 awl 7pe [i{ PeN]P1El pub pfinzie1Wep a4 ie46 sampans epelb naleg :1{e New:huba. IWR+ieaPPl lualud!rbe jixnPPle Spill l iAura 'dlulPilq n Pak feu 1r9 eL•peYaul sel!IPel lummerw alrpeei re m elms*, rue 4slpump a aerelwep If N Q11J31H1510 amuoIHJ µOUVL5 Wfld 1N3Rlj f3 A]N3911E1113 NDEIVIS 9NIAI3]31139V'id3S Y[i_SASIIEWI %3M39 k3N3911Eri3 ILORVIS dihnd morns 9N11311nS 1i311LNO7 11319916 03EE 9Nutlo moms N31s3�1a k3lAildt o WPiniim 35 37e117111us-hdl ttaJ !'r'lf7Si 9Yf11]hH15}AWL°, MC N6LLV]50101d tl933 Hail ONIlmnia1 !l311 orn A11VW 11:1 3Nf11 Jf1 asio811WJ MEM W31SA5IYA0559,111N9 �ulmina 5111[00757H SN3311751N3fY1d+it e. J :: I i 4 til Cl 114 Page 124 of 159 as W Q sum.00, 4Effiwe NV -Id NOLLV801S18 ivrkid3ON42 -, !vim, 9VONt !F V.lm Tf]'L7ry'L ih I FFRit ]hLL4b AP WWI; 4i¢ 7A9rrlriAran—... irm+ iK,rnr191L sawn -mar nx lwn ..¢ IN. Sv...nAn { 3311L j 13LL' L"a'o730 / 1E1 31.1101 J25 il91F3 JNYN MAMA.1 71VeN ,vAuu9 I TrW3H G Page 125 of 159 as a) Q EXHIBIT G RESTRICTIVE COVENANTS ON NEW FACILITY Recording requested by and when recorded return to: Stewart Lane LLC c/o Locke Lord LLP 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201 Attn: Billie J. Ellis, Jr. PARCEL I.D. #: DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration') is made effective as of , 2016 (the "Effective Date") by STEWART LANE LLC, a Delaware limited liability company (hereinafter referred to as "Declarant"). Recitals 1. Declarant is the fee owner of that certain real property (the "Property") more particularly described in Exhibit A attached hereto and incorporated herein for all purposes. 2. Declarant intends to convey the Property to City of Moab, a Utah municipal corporation ("City"). City intends to construct a new wastewater treatment plant facility (the "New Facility") on the Property, in accordance with the Plans (as hereinafter defined). 3. Prior to conveying the Property to City, Declarant desires to place certain restrictions on the Property as agreed to by City, which together with City's commitment to construct the New Facility are in consideration of and material inducements for the conveyance of the Property from Declarant to City. 4. Declarant intends that this Declaration and the restrictive covenants and prohibited uses contained herein shall bind City, its successors, assigns or successors -in -interest, and shall run with the Property. Agenda Page 126 of 159 NOW, THEREFORE, Declarant hereby declares that the Property is subjected to the provisions of this Declaration upon conveyance of the Property to City and thereafter the Property shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, and restrictions, set forth herein, which shall run with the Property subject to this Declaration and shall be binding on City and all persons having any right, title, or interest in all or any portion of the Property during the period in which such persons own and hold such interests, their respective heirs, legal representatives, successors, successors -in -title, and assigns. Definitions For purposes of this Declaration: "Owner" shall mean Declarant, subsequent owners of all or any portion of the Property, and their respective successors, assigns, personal representatives or heirs, as applicable. "Plans" shall mean the Overall Site Plan and Bench Mark Location prepared by Bowen Collins & Associates, Inc., Drawing No. C-01, Project No.130-15-04 dated March 2016 and the plans and specifications referenced in Exhibit B attached hereto and incorporated herein for all purposes. "Steward" shall mean Stewart and Stewart's successors, assigns, personal representatives or heirs, as applicable, or such other person, persons, entity or entities that Stewart or Stewart's successors, assigns, personal representatives or heirs, as applicable, may designate as Steward. "WTFMP" shall mean the Moab Wastewater Treatment Facilities Master Plan, as adopted by City, dated February 2015, prepared for the City of Moab by Bowen Collins & Associates, Inc. under Consultant Job No. 130-14-03. New Facility Declarant requires that the New Facility be constructed in substantial conformity (but in all events subject to the height restriction set forth below) with the Plans and be substantially completed by March 1, 2020 (the "Completion Date"). City agrees to substantially complete construction of the New Facility by the Completion Date in accordance with the Plans. The term "substantial completion" shall mean the date that is the later to occur of (i) the date City completes the construction of the New Facility, in accordance with the WTFMP and the Plans and in a manner that allows for City to commence permanent operations of the New Facility and (ii) the date City receives all licenses, permits and local, state and national environmental clearances necessary for the operation of the New Facility. In the event that City fails to substantially complete the construction of the New Facility by the Completion Date, Steward, as its sole remedy for the failure to attain timely completion, may recover from City a sum equal to the fair market value of the unimproved Property as of the Completion Date assuming that the Property is unimproved and not burdened by the provisions of this Declaration. Agenda Page 127 of 159 Restrictions From and after the Effective Date, no buildings or improvements, whether permanent or temporary, shall be constructed, maintained or installed on the Property which exceed thirty (30) feet in height from the level of the existing grade as of the date hereof, as noted in the Plans. Future Conveyances Upon the conveyance or transfer of all or any portion of the Property the documents conveying or transferring the interest in the Property shall make express reference to the requirement of the completion of the New Facility and the terms, conditions and restrictive covenants set forth in this Declaration, and the grantee in such deed or other instrument shall, as a part of the consideration for such conveyance or transfer, covenant and agree that the grantee will comply with and conform to all of the terms, conditions and covenants set forth in this Declaration. City, its successors and assigns, shall provide prior written notice to Steward (at the notice address for Steward set forth below in this Declaration or at such other address as Steward shall provide notice thereof to City, in the manner set forth below) of any planned conveyance of the Property and shall provide a copy of any conveyance instruments within ten (10) days after the consummation of any such conveyance. Term The covenants, conditions and restrictions contained in this Declaration shall be effective commencing on the date of recordation of this Declaration in the real property records of Grand County, Utah and shall remain in full force and effect thereafter for a period of ninety-nine (99) years, unless this Declaration is terminated or cancelled by Steward in accordance with the provisions set forth herein or if a lesser term is required by applicable law. Thereafter, the term shall be renewed automatically for successive periods of ten (10) years unless Steward executes and records a statement terminating this Declaration in the real property records of Grand County, Utah. Notice All notices, requests, demands and other communications under this Agreement shall be in writing and shall be given by (i) express mail (or other established express delivery service which maintains delivery records), (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested, to the parties at the following addresses, or such other addresses as the parties may designate from time to time by written notice in the above manner: To Declarant or Steward: Stewart Lane LLC 301 Main Street, Suite 3300 Fort Worth, Texas 76102 Attention: Ms. Sherri Conn With a copy to: Locke Lord LLP Agenda Page 128 of 159 To City: 2200 Ross Ave., Suite 2800 Dallas, Texas 75201 Attention: Mr. Billie J. Ellis and Locke Lord LLP 600 Travis, Suite 2800 Houston, Texas 77002 Attention: Mr. Jeffrey M. Smith City of Moab 217 East Center Street Moab, Utah 84532 Attn: Rebecca Davidson Notices shall be deemed effective upon receipt, or upon attempted delivery thereof if the delivery is refused by the intended recipient or if delivery is impossible because the intended recipient has failed to provide a reasonable means of accomplishing delivery. Enforcement (a) Steward shall have the right, but not the obligation, to enforce this Declaration and the restrictive covenants contained herein. Steward shall have all rights at law and in equity in the event of a violation of this Declaration. No third parties are intended to be beneficiaries of, and no third parties other than Steward shall be entitled to enforce, this Declaration or the restrictive covenants contained herein. Owner shall not be deemed in default under this Declaration unless Owner has received written notice of the alleged violation from Steward and Owner fails to cure such violation within fifteen (15) days from receipt of such notice; provided, however, if more than fifteen (15) days are reasonably required for its cure, then Owner shall not be deemed in default if Owner commences such cure within such fifteen (15) day period and thereafter diligently prosecutes such cure to completion, such period not to extend beyond ninety (90) days. (b) In the event that any action or court proceeding is brought by a party to enforce the terms of or obligations under this Declaration, the prevailing party shall be entitled to recover reasonable attorney fees and costs. (c) No delay or omission of Steward in the exercise of any rights or remedies created hereunder shall impair such right or remedy, or be construed to be a waiver thereof, and every such right or remedy may be exercised at any time during the continuance of an event of default hereunder. A waiver by Steward of a breach of, or default in, any of the terms and conditions of this Declaration shall not be construed to be a waiver of any subsequent breach thereof or of any other provision of this Declaration. Except as otherwise specifically provided in this Declaration, no right or remedy provided in this Declaration shall be exclusive, but shall be cumulative with all other remedies provided for in this Declaration, the Quitclaim Agenda Page 129 of 159 Deed from Declarant to City on or about the date hereof and all other remedies at law or in equity which are available. (d) City and the person signing this Declaration on behalf of City represent and acknowledge that the covenants of City contained in this Declaration constitute contractual arrangements of City and covenants pertaining to real property and are entered into through the City's proprietary authority and functions and, if said covenants are breached Steward may exercise all remedies set forth in this Declaration. Authority City covenants and agrees that (i) the person signing this Declaration on behalf of City is authorized to sign this Declaration on behalf of City, (ii) all legislative approval or action or other action necessary for City to execute and perform the terms of this Declaration have been duly taken by City, (iii) no other signature and/or authorization is necessary for City to enter into and perform the terms of this Declaration, and (iv) City is bound to its obligations set forth in this Declaration. General City acknowledges that the completion of the New Facility and the restrictions established by this Declaration are material inducements for Declarant's conveyance of the Property to City. This Declaration is effective as of the Effective Date and the conveyance of the Property to City, the Declaration and the restrictive covenants are binding on City and all subsequent Owners of the Property and shall continue as a servitude running in perpetuity with the Property, subject to the terms and conditions set forth herein. It is understood and agreed that Declarant makes no representation or warranty as to the condition of the Property. This Declaration and all rights and obligations of the parties hereunder are subject and subordinate to all easements, subsurface rights, covenants, restrictions, and other encumbrances (whether or not of record) existing on the Effective Date. Every provision of this Declaration that applies to City shall also apply to its respective agents, heirs, executory, administrators, assigns, and all other successors as their interests may appear, including any subsequent Owner. If any portion of this Declaration, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Declaration, or application of such provision to persons or circumstances other that those as to which it is found to be invalid, as the case may be, shall not be affected thereby. The recitals set forth above are incorporated into this Declaration by this reference. This Declaration may be amended only by a written agreement executed by Steward, unless otherwise provided for by applicable law. This Declaration is governed by Utah law. The exclusive venue for any dispute arising under this Declaration shall be the Seventh Judicial District Court, Grand County, Utah. The parties irrevocably waive any rights to trial by jury with respect to any dispute arising from this Declaration, regardless of the denomination of any legal claims which may be brought. In any proceeding the parties agree that the matter shall be decided by a court, sitting without a jury. [Signature pages follow.] Agenda Page 130 of 159 Executed as of the date set forth in Declarant's acknowledgment below to be effective as of the Effective Date. "Declarant" STEWART LANE LLC, a Delaware limited liability company By: Name: Title: STATE OF COUNTY OF This instrument was acknowledged before me this day of , 2016, by , a of the STEWART LANE LLC, a Delaware limited liability company, on behalf of said limited liability company. [SEAL] My commission expires: Notary Public in and for the State of Agenda Page 131 of 159 ACKNOWLEDGED AND AGREED TO: "City" CITY OF MOAB, a Utah municipal corporation By: David Sakrison, Mayor STATE OF COUNTY OF § § § This instrument was acknowledged before me this day of , 2016, by David Sakrison, Mayor of CITY OF MOAB, a Utah municipal corporation, on behalf of said municipal corporation. [SEAL] My commission expires: Notary Public in and for the State of Attest: By: Rachel Stenta, City Recorder STATE OF COUNTY OF § § § This instrument was acknowledged before me this day of , 2016, by Rachel Stenta, City Recorder of CITY OF MOAB, a Utah municipal corporation, on behalf of said municipal corporation. [SEAL] My commission expires: Notary Public in and for the State of Agenda Page 132 of 159 EXHIBIT A PROPERTY A parcel of land in Lot 3 of Section 2,T 26 S, R 21 E, SLM, Grand County, Utah, more particularly described as follows: Beginning at the NE corner of Lot 3 (North 1/4 Corner) of Section 2, T 26 S, R 21 E, SLM, and proceeding thence South 440.00 ft. to a corner, thence S 89°54'00" W (Record=West) 499.00 ft. to a corner, thence North 440.00 ft. to a corner on the north line Lot 3 of said Section 2, thence with said line N 89°54'00"E (Record=East) 499.00 ft. to the point of beginning and containing 5.04 acres, more or less. Tax Parcel No. 03-002-0088. Agenda Page 133 of 159 EXHIBIT B PLANS AND SPECIFICATIONS Agenda Page 134 of 159 ELL..., yka,JJaaSnilh'ia NJa ar'.• ,.1°J..[;-_-_ __ ... - 5 11(1(1! Hili a` illiltimil _ mu ieeLti llALYnt €B =eli:FltA i I 191II1_1II1 e44 i! F , 11 411140E;40I 1151/ Pig! Ir 1 J 1 M 'S l [���H V }� t E i 3 f, �i L.,55k!IiC1E•'h!,- - .er.m. ■- rtireei Ablaeye eae, rm-rerearrri 111!"."'F}1#11r I/1 1yy 4Ai �Ff' -"illi - � ]F !fir 1'-Pi 1. i -; IIIN illii � T 111lr �Siil�` 1 .11 !1 1 . 1F11Ill LAM � 1 1 11841` oI �F ;ill Fr 1 1 irliii li PI i i" r R sF 2k-haf41145.45FE i5 T-1E UIT.i=iE 0. L. L + Wig // ill !1 F a S�J=�5i1 /m*1 r l� � ySS55"1llli ¢ !rj E 1Y l.RRC . 11 ,1 r I txti INDU OF ►]RAyeip E MGr.... "a *TER RLa.uialari FAEILlfr 1 so.,rnco... .,,, z,;'''' � 61 rCia- - .... ,.. - w, , Agenda Page 135 of 159 EXHIBIT H TERMINATION OF OPTION AGREEMENT Recording requested by and when recorded return to: Stewart Lane LLC c/o Locke Lord LLP 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201 Attn: Billie J. Ellis, Jr. STATE OF UTAH COUNTY OF GRAND § § § KNOW ALL MEN BY THESE PRESENTS: TERMINATION OF OPTION AGREEMENT THIS TERMINATION OF OPTION AGREEMENT ("Termination") is executed this day of , 2016 by the CITY OF MOAB, a Utah municipal corporation, with an address of 217 East Center Street, Moab, Utah 84532 (the "City") and STEWART LANE, LLC, a Texas limited liability company ("Stewart"), with an address of 301 Commerce Street, Suite 3300, Fort Worth, Texas 76102. RECITALS: WHEREAS, City and Stewart entered into that certain Option Agreement (the "Option") recorded as Entry 472832 at Book 672, Page 1 on June 9, 2006 in the Real Property Records of Grand County, Utah; WHEREAS, City and Stewart have agreed to terminate the Option and all rights granted therein as of the date hereof; and WHEREAS, City and Stewart wish to evidence the termination of the Option and all rights granted therein by recording this Termination. AGREEMENT: NOW THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Stewart agree as follows: Agenda Page 136 of 159 1. Incorporation of Recitals. The Recitals are an integral part of this Termination and are incorporated herein. 2. Termination. The Option is hereby terminated. 3. Release. City and Stewart hereby RELEASE and FOREVER DISCHARGE the Five Acre Tract and the City Tract (collectively, the "Property"), each as defined in the Option, from the Option. This Termination is filed of record to acknowledge that the Option and all rights granted therein are terminated and that the Property is released and forever discharged from the Option and all rights granted therein 4. Counterpart signatures. This Termination may be executed in any number of counterparts, each of which, when so executed and delivered, shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. [Signature pages follow.] Agenda Page 137 of 159 IN WITNESS WHEREOF, the City and Stewart have duly executed this Termination as of the dates set forth in the acknowledgement below, to be effective as of , 2016. STEWART: STEWART LANE LLC, a Delaware limited liability company By: Name: Title: STATE OF COUNTY OF § § § This instrument was acknowledged before me this day of , 2016, by , a of STEWART LANE LLC, a Delaware limited liability company, on behalf of said limited liability company. [SEAL] My commission expires: Notary Public in and for the State of Agenda Page 138 of 159 CITY: CITY OF MOAB, a Utah municipality By: David Sakrison, Mayor STATE OF COUNTY OF § § § This instrument was acknowledged before me this day of , 2016, by David Sakrison, as Mayor of CITY OF MOAB, a Utah municipal corporation, on behalf of said municipal corporation. [SEAL] My commission expires: Notary Public in and for the State of Attest: By: Rachel Stenta, City Recorder STATE OF COUNTY OF § § § This instrument was acknowledged before me this day of , 2016, by Rachel Stenta, as City Recorder of CITY OF MOAB, a Utah municipal corporation, on behalf of said municipal corporation. [SEAL] My commission expires: Notary Public in and for the State of Agenda Page 139 of 159 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING May 24, 2016 Agenda ltem #: 7-3 Title: Approval of Proposed Resolution #15-2016 — A Resolution Amending the Fee Schedule for the Moab Recreation and Aquatic Center to Incorporate a Jr. Lifeguard Program Fee Fiscal Impact: Up to $1000 in 2016 Staff Presenter(s): Tif Miller, Parks Recreation and Trails Director Department: Recreation Applicant: n/a Background/Summary: The Moab Recreation and Aquatic Center currently provides swim lessons to the public and would like to offer a new program to encourage youth from 11-14 to learn about being a lifeguard. The program would be called the Jr. Lifeguard program, and it would be offered for two days mid -summer. The program will allow youth to learn what it takes to be a lifeguard -the training, daily duties, skills, and the importance of the job. This will be a fun learning experience for the individuals involved. The hope is this program will help develop youth to become the future lifeguards of the facility. It will help them understand what the duties of a lifeguard are and the commitment they will need to be a lifeguard at the MRAC. We are proposing to incorporate a $25.00 fee for individuals to take part in the Jr. Lifeguarding program. This fee will help in creating a new revenue stream into the facility with the hope that the program can continue to grow. If a success, we would look for the program to expand to more days to provide more opportunities for youth development in the future along with an increased fee associated with the increase in days. We believe this will be great benefit to the community of Moab, and it will encourage youth to learn about lifeguarding and to help be our lifeguards in the years to come. City Staff is available to discuss any specific details of proposal, and answer any questions that the City Council may have. 1 Options: Council can approve, table, or deny the proposed resolution. Agenda Page 140 of 159 Staff Recommendation: Staff recommends approving the resolution to include a fee for the new Jr. Lifeguarding Program of $25. Recommended Motion: I move to approve the Proposed Resolution #15-2016 — A Resolution Amending the Fee Schedule for the Moab Recreation and Aquatic Center to Incorporate a Jr. Lifeguard Program Fee Attachment(s): Agenda Page 141 of 159 RESOLUTION #15-2016 A RESOLUTION ADDING THE JR. LIFEGUARD PROGRAM AND FEE TO THE FEE SCHEDULE FOR THE MOAB RECREATION AND AQUATIC CENTER WHEREAS, the City of Moab establishes fees for city services by resolution; and WHEREAS, the Moab Recreation and Aquatic Center has determined that there is Jr. Lifeguard Program with an associated fee that should be added to the fee structure, pursuant to citizen and user requests. NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO ADOPT THE MOAB RECREATION AND AQUATIC CENTER FEE STRUCTURE SHOWN AS EXHIBIT 1 HERETO. Passed and adopted by action of the Governing Body of the City of Moab, Utah in open session this 24th day of May, 2016. ATTEST: Rachel E. Stenta City Recorder Resolution ##15-2016 Mayor David L. Sakrison Page 1 of 1 Agenda Page 142 of 159 MOAB RECREATION AND AQUATIC CENTER RATES AQUATIC ONLY OR FITNESS ONLY DAILY ADMISSION 3 & Under Youth 4-17 Individual (aquatic) Youth 14-17 Individual (fitness) Adult 18+ Senior 55+ Family up to 6 (14+ allowed in Resident Non-resident Free $2 $2 $4 $3 $12 ANNUAL PASS N Youth 4-17 Individual (aquatic) $ 100 Youth 14-17 Individual (fitness) $ 100 Adult Individual $ 155 Senior Individual (55 and over) Adult Couple Senior Couple Family up to 6 (14+ allowed in Additional Family Member $ 115 $ 235 $ 180 $ 285 $ 40 $1 $4 $4 $7 $5 $ 20 SUMMER SEASON PASS - AQUATIC ONLY Youth 4-17 Individual (aquatic) $ 65 Youth 14-17 Individual (fitness) $ 65 Adult Individual $ 85 Senior Individual $ 65 Adult Couple $ 135 Senior Couple $ 105 Family up to 6 (14+ allowed in $ 165 Additional Family Member $ 35 6-MONTH PASS Youth 4-17 Individual (aquatic) Youth 14-17 Individual (fitness) Adult Individual Senior Individual Adult Couple Senior Couple Family up to 6 (14+ allowed in Additional Family Member 3-MONTH PASS Youth 4-17 Individual (aquatic) Youth 14-17 Individual (fitness) Adult Individual Senior Individual Adult Couple Senior Couple Family up to 6 (14+ allowed in Additional Family Member MONTHLY Youth 4-17 Individual (aquatic) Youth 14-17 Individual (fitness) Adult Individual Senior Individual $ 80 $ 80 $ 100 $ 80 $ 155 $ 120 $ 185 $ 40 $ 60 $ 60 $ 75 $ 60 $ 120 $ 95 $ 140 $ 30 $ 25 $ 25 $ 35 $ 25 $ 75 $ 75 $ 100 $ 75 $ 155 $ 115 $ 200 $ 40 $ 70 $ 70 $ 90 $ 70 $ 145 $ 110 $ 165 $ 40 $30 $ 30 $ 45 $ 30 DAILY ADMISSION 3 & Under Student 14-17 Adult Senior 55+ Family up to 6 (14+ allowed in ANNUAL PASS Youth 14-17 Individual Adult Individual Senior Individual (55 and over) Adult Couple Senior Couple Family up to 6 (14+ allowed in Additional Family Members SUMMER SEASON PASS Youth 14-17 Individual Adult Individual Senior Individual Adult Couple Senior Couple Family up to 6 (14+ allowed in Additional Family Member 6-MONTH PASS Youth 14-17 Individual Adult Individual Senior Individual Adult Couple Senior Couple Family up to 6 (14+ allowed in Additional Family Member 3-MONTH PASS Youth 14-17 Individual Adult Individual Senior Individual Adult Couple Senior Couple Family up to 6 (14+ allowed in Additional Family Member MONTH Youth 14-17 Individual Adult Individual Senior Individual Adult Couple Senior Couple Family up to 6 (14+ allowed in Additional Family Member Resident N/A $4 $5 $4 $ 20 $ 175 $ 255 $ 190 $ 395 $ 295 $ 465 $ 65 $ 105 $ 135 $ 105 $ 210 $ 165 $ 265 $ 50 Non-resident N/A $7 $9 $7 $ 35 $ 115 $ 165 $ 125 $ 255 $ 190 $ 300 $ 55 $ 90 $ 125 $ 90 $ 190 $ 150 $ 240 $ 45 Al $ 125 $ 160 $ 125 $ 245 $ 190 $ 305 $ 60 $ 105 $ 140 _ $ 105 _ $ 215 $ 170 _ $ 275 _ $ 55 $ 40 $ 50 $ 55 $ 40 $ 90 $ 70 $ 110 $15 $ 70 $ 50 $ 110 $ 85 $ 135 $ 20 25 PUNCH CARD Agenda Page 143 of 159 Adult Couple Senior Couple Family up to 6 (14+ allowed in Additional Family Member 25 PUNCH CARD Youth 4-17 Individual (aquatic) Youth 14-17 Individual (fitness) Adult Individual Senior Individual $ 55 $ 40 $ 65 $10 $ 45 $ 45 $ 90 $ 65 1-WEEK FAMILY PASS - AQUATIC ONLY $ 50 CLASS PUNCH PASSES Members (20-Punch) Non -Members (20-Punch) $ 70 _ $ 55 _ $ 90 $10 $35 $45 $ 65 $ 75 Youth 14-17 Individual Adult Individual Senior Individual $ 85 $ 120 $ 85 SHOWER FEES Individual $5.00 $ 95 $ 135 _ $ 95 JR LIFEGUARD COURSE FEE Individual $ 25 Corporate rates to be negotiated based on needs and circumstances Agenda Page 144 of 159 AGENDA SUMMARY MOAB CITY COUNCIL MEETING May 24, 2016 Agenda ltem #: 7-4 ca Y O ` MOAB Title: Approval of a Central Federal Lands Highway Division Project Application for Federal Lands Access Program (FLAP) grant funding in Fiscal Year 2019 or later with an amount not to exceed $6,000,000 Fiscal Impact: If the grant is approved for the maximum amount of $6,000,000, it is proposed that the City of Moab and Grand County would proportionally share the required local match amount of 6.77% of the total grant, with the City of Moab match amount estimated to be approximately $126,000 L. Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Applicant: City of Moab Background/Summary: The Federal Highway Administration (FHWA) administers federal aid funding through multiple programs, one of which is the Federal Lands Access Program (FLAP). FLAP funding is available to local government agencies "... to improve transportation facilities that provide access to ... Federal lands." City staff has identified Kane Creek Blvd as a candidate for this program, and is seeking approval to apply for FLAP grant funding in an amount up to $6,000,000. The Project Application is due on June 10, 2016. City staff is proposing the improvement of Kane Creek Blvd starting at US-191 (in the incorporated City limits), through the Colorado River Portal and to the existing end of pavement near the Jackson's Trail Parking Lot (in unincorporated Grand County). The total project length is approximately 4.6 miles, with 1.4 miles located within the City of Moab (about 30%) and 3.2 miles located in Grand County (about 70%). Improvements would generally include full reconstruction of the exiting pavement surface for the entire project length, new curb, gutter and bike lanes between US-191 and 500 West (approximately 0.8 miles), and widening of the existing road to provide paved shoulders from 500 West to the end of pavement (approximately 3.8 miles). A conceptual design and conceptual cost estimate are currently being developed, and will be part of the Project Application submitted for consideration. City staff has discussed the project with Grand County staff, and it planned that a J Agenda Page 145 of 159 proposed that the City of Moab will be the Project Sponsor for the initial Project Application. If the project is selected for short-list evaluation and scoping, and ultimately approved for funding, a cost sharing agreement between the City of Moab and Grand County will developed to proportionally share the required local match of 6.77%o. If approved by City Council, staff will submit the FLAP Project Application Package prior to the June 10, 2016, deadline. If the project is selected for short-list evaluation and scoping, the City Council will be asked to approve a "Reimbursable Agreement" with FHWA requiring the payment of up to $10,000 (applied to the City's match requirement) to offset costs associated with final project scoping and cost estimating, and to generate the final funding amount to be programmed for the project. City staff estimates that the Reimbursable Agreement would require City Council approval in late July or August (if the project is selected), and staff would also work with Grand County to define the cost sharing agreement for the project at that time as well. If the project receives all approvals and funding is awarded, the City will enter a Memorandum of Agreement with FHWA in September 2016 that specifies the fiscal year when the project will be completed. A Kane Creek Project Limits graphic is attached, and generally shows the overall length and limits of the proposed project. In addition, the 2016 Call for Projects, Project Application Packet Checklist, and Project Endorsement Form are attached to provide additional detail about the application evaluation and selection process. City staff is available to further explain the process and the funding availability, and to answer any questions that the City Council may have. Options: 1. Approve the Central Federal Lands Highway Division Project Application for FLAP grant funding with an amount not to exceed $6,000,000. 2. Direct staff to make changes to the application, and approve with revisions. 3. Other, as directed to staff. Recommended Motion: "I move to approve the Central Federal Lands Highway Division Project Application for Federal Lands Access Program (FLAP) grant funding in Fiscal Year 2019 or later with an amount not to exceed $6,000,000." Attachments: Kane Creek Project Limits — aerial photo graphic Utah Federal Lands Access Program - 2016 Call for Projects Project Application Packet Checklist Project Sponsor Signature Page (for reference only) Agenda Page 146 of 159 Federal Lands Access Program N (FLAP) Kane Creek Project Limits 0 0.25 0.5 1 inch = 2,000 feet 1 Miles s; 100 south St 0 U.S. Department of Transportation Federal Highway Administration Central Federal Lands Highway Division Federal Land Managers Utah Department of Transportation Regional, County and Local Governments Tribal Governments March 14, 2016 Request for Project Applications Utah Federal Lands Access Program 12300 West Dakota Avenue Suite 380B Lakewood, CO 80228 The Federal Lands Access Program (FLAP) presents an exciting opportunity for state, county, and local entities to obtain funding for a variety of transportation projects accessing Federal Lands in the state of Utah. Project applications are now being accepted to develop a 5 year program of transportation projects (estimated program availability of 30 to 40 Million dollars). Preliminary engineering, construction, and construction engineering funding will become available after the program selection process has been completed. What is the deadline for submittals? The PDC of Utah requires all applications to be submitted by June 10, 2016. What is the purpose of the program? The goal of the Access Program is to improve transportation facilities that provide access to, are adjacent to, or are located within Federal lands. Who is eligible to apply? Eligible applicants include State, county, tribal, or city government agencies that own or maintain the transportation facility. What types of projects will be considered? The Access Program supplements State and local resources for public roads, transit systems, and other transportation facilities, with an emphasis on Federal high -use recreation sites and Federal economic generators. The Access Program funds are intended for design, construction, or reconstruction and are not intended for maintenance projects (e.g., crack sealing, chip seal, potholes, or drainage repair). How do I submit a project application? 1. Complete the Utah Federal Lands Access Program Application found at http://www.flh.fhwa.dot.gov/programs/flap/ut/ 2. Obtain endorsement from the appropriate Federal Land Management Agency (FLMA) 3. Send your completed project application via E-Mail to cfl.planning@,dot.gov Agenda Page 148 of 159 2 How will projects be evaluated? For Utah, the Access Program is administered by the Federal Highway Administration (FHWA) through the Central Federal Lands Highway Division (CFLHD). MAP-21 mandated and the FAST Act reinstated that decisions be made through Utah's Programming Decisions Committee (PDC) in cooperation with the respective Federal Land Management Agencies. The PDC consists of three representatives: (a) FHWA; (b) the State DOT; and (c) a "representative of any appropriate political subdivision of the state." The PDC will review project applications and rank them based on weighted selection criteria developed by the PDC. The selection criteria are reflective of needs in the state of Utah and Federal regulations and guidelines. Members of the Utah PDC include: • Mr. Ryan Tyler, Planning and Programs Branch Manager, FHWA - CFLHD (or designated representative); • Mr. Bill Lawrence, Program Finance Director, Utah Depaitinent of Transportation (or designated representative); and • Ms. Claudia Jarrett, County Commissioner, Sanpete County, (or designated representative for the Utah Joint Highway Committee on behalf of rural counties). The Utah PDC will solicit project applications with the intent of developing a 5 year program. Applications will be due by June 10, 2016. Applicants must be prepared to address the match requirements (6.77%) and have the support of the pertinent Federal Land Management Agencies. Preference will be given to those projects which provide access to Federal high -use recreational sites or Federal economic generators. Projects will be evaluated on the following criteria: • Access, mobility and connectivity; • Economic development; • Facility condition; • Safety; • Funding, coordination and cost; and • Resource protection. Project selection resides with the PDC. The PDC will select a balanced program made up of a range of projects with a mix of larger and smaller construction values to balance the applicant's needs with the available funding. The PDC will make its final decision based on the project proposals ability to meet the aforementioned criteria as well as project support, project readiness, agency priorities, applicant's share of project costs, availability of funds, project development delivery schedules, previous Federal investment and environmental and right-of-way time constraints. Agenda Page 149 of 159 3 2016 Tentative Project Selection Schedule: MONTH PROGRAM DECISION COMMITTEE APPLICANT February March April May June July August September Call for Project Applications Applications prepared and submitted Note: Schedule subject to change PDC scores and ranks applications PDC selects short-list of PDC final applicants for development of project project agreements, scoping, selection project delivery plan. meeting t• Short list of applications engaged in scoping Funded program announced Who should I contact if I have questions? Questions about the application process or the Federal Lands Access Program can be directed to: Mr. Christopher Longley, CFLHD's Access Program Coordinator at (720) 963-3733 or Christopher.Longley@dot.gov or Ms. Morgan Malley, CFLHD's Lead Access Transportation Planner at (720) 963-3605 or Morgan.Malley@dot.gov For agency -specific contacts in Utah, see below. Agency Name Email UDOT Bill Lawrence Bi1lLawrencel@utah.gov National Park Service Sena Wiley Sena_Wiley(a,nps.gov National Forest Service Justin Humble Jhumble@fs.fed.us Bureau of Land Management Casey Mathews cmatthew@blm.gov U.S. Fish and Wildlife Service Nathan Caldwell Nathan_Caldwell@fws.gov U.S. Army Corps of Engineers Phil Smith Phil.Smith@usace.army.mil Bureau of Reclamation Darrel E. Krause dkrause@usbr.gov Attachment (Project Application) Sincerely yours, ORIGINAL SIGNED BY: Christopher Longley, PE Federal Lands Access Program Coordinator Agenda Page 150 of 159 Utah Federal Lands Access Program: Project Application Packet Checklist Program Information: The Programming Decisions Committee (PDC) of the Utah Federal Lands Access Program is currently soliciting Project Applications for Utah Federal Lands Access Program funds. The PDC anticipates programming between $30-40 million from 2019-2022, depending on program needs and future congressional action. The PDC will evaluate Project Applications submitted and select those to be programmed using the Project Application evaluation criteria developed by the PDC. By submission of a Project Application the Applicant is acknowledging to the following requirements: a) The Utah Federal Lands Access Program minimum non -Federal Aid Highway (Title 23) match of 6.77% based on the total project cost has been met; and b) If selected, the Applicant will enter into a Reimbursable Agreement for the not -to -exceed amount of $10,000 within 45 days of notification of selection, for the completion of project scoping by Central Federal Lands to develop an accurate scope, schedule, and budget. This dollar amount will be provided toward the overall match for the project, following award. Please be advised that this may require an approval (Resolution) of Reimbursable Agreement funds from the governing agency prior to the Project Application deadline. If the PDC and the Applicant agree with the project scope and cost, then a Memorandum of Agreement will be required within 60 days from approval of funding. Instructions: Applications must be received by June 10, 2016 to be considered. All project applications must be submitted using the Utah Access Program Project Application form. Complete the project application to the best of your ability. It is the responsibility of the entity proposing a project to supply the necessary information to complete the project application. It is understood that data may not be available for all of the project application questions, but the agency may use anecdotal information as a substitute. If possible, please keep this form as a writable PDF form, this makes it easier to review your application. This can be done by saving your form as a PDF and attaching it within an a -mail along with all additional attachments. Supplemental materials including alternative transportation, endorsement, and support forms can be printed and scanned then attached if necessary. 1. Complete Project Application Packet: Project Application, Signature Forms, Letters of Support, and Resolution for approval of funds (as needed by Governing Body) 2. Attach this Application Checklist as a Cover Page to the complete the Project Application Packet 3. Per the Submittal Instructions (page 10), please E-mail your completed Project Application Packet to cfl.planning@dot.gov If you require assistance in completing this form, please contact: Morgan Malley , Transportation Planner Central Federal Lands Highway Division 12300 West Dakota Ave, Ste 380B, Lakewood, CO 80228 Phone: 720-963-3605 I morgan.malley@dot.gov Additional information on the Access Program is located at http://flh.fhwa.dot.gov/programs/flap/ut/ Project Application Evaluation Checklist (1-5 required) 1) The facility title or maintenance responsibility is vested in a State, county, city, tribal, or local government 2) Acknowledgement that the project has required minimum non -Federal Aid Highway (Title 23) match 3) Acknowledgement that facility is located on, is adjacent to, or provides direct access to Federal land(s) 4) Sign and Attach Applicant Project Endorsement Form 5) Sign and Attach FLMA Support Form from all applicable Federal Land Management Agencies Project Application Supplemental Material Checklist (6 - 9 check all that are attached at submission) 6) Project maps included (Site map identifying project termini, Vicinity map identifying regional context) 7) Project photos included (Attach 4 - 6 Photos in jpeg, gif, png format) 8) Link to a video tour of project limits (Optional but strongly encouraged) Video Link Here: 9) Supplemental Alternative Transportation Worksheet (Alternative projects only) Agenda Utah Federal Lands Access Program: Pro•osed Pro'ect Endorsement Form Project endorsement can be signed electronically or be printed, signed and submitted electronically. Agency with Title or Maintenance Funding Responsibility By signing this endorsement form, the signatory certifies: A) The project provides access to, is adjacent to, or is located within a Federal recreation site or Federal economic generator B) Sufficient maintenance funds will be provided for the life of the constructed facility C) Funding commitments are, or will be, made available as detailed on page 6 of the Utah FLAP Proposed Project Application D) Reimbursable Agreement will be executed with the Applicant within 45 days of project short-list notification. (Example furnished upon request) 1. Agency submitting application (must be the transportation facility owner or provides funds for maintenance of existing transportation facility): 2. Name of authorized agency official: 3. Title: 4. Signature: 6. E-mail: 8. Address 1: 9. Address 2: 5. Date (MM/DD/YYYY): _ 7. Telephone: ext. 10. Identify any tribal, state, regional, or local plans that have included this project (e.g. Regional Transportation Plan, Capital Improvement Plan, etc.): 11. Project Point -of -Contact (POC) Name: 12. POC Telephone: ext. 13. POC e-mail: Morgan Malley, Transportation Planner Central Federal Lands Highway Division 12300 West Dakota Ave, Ste 380B, Lakewood, CO 80228 Phone: 720-963-3605 1 morgan.malley@dot.gov Additional information on the Access Program is located at: http://flh.fhwa.dot.gov/programs/flap/ut/ Agenda Paae 152 of 159 AGENDA SUMMARY MOAB CITY COUNCIL MEETING May 24, 2016 Agenda item #: 7-5 Title: Annual Certification of the 2016-2017 Utah Retirement Employer Contribution Rates Fiscal Impact: No increase of our retirement rates. Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Recorder/Human Resources Applicant: n/a Background/Summary: The City is required to certify the Utah Retirement System contribution rates annually. This year we received no increase to our retirement rates as outlined in the attached summary. J Options: Council can approve, table, or deny the proposed rates. Staff Recommendation: Staff recommends certifying the new contribution rates. Recommended Motion: I move to certify the 2016-2017 Utah Retirement Systems Employer Contribution Rates. Attachment(s): Rate sheets Agenda Page 153 of 159 Utah Retirement Systems Rates TIER 1 2014-2015 2015-2016 Fund 15 Public Employees Employer Paid Pension 18.47% 18.47% Post -Retired Rate 6.61% 6.61% Fund 43 Public Safety Employer Paid Pension 34.04% 34.04% Post -Retired Rate 22.29% 22.29% TIER 2 (hired after07/01/2011) Fund 111 Public Employees HYBRID Employer Paid Pension 14.94% 14.91% Employer paid 401K 1.78% 1.78% Fund 211 Public Employees - Defined Contribution Employer Paid Pension 6.72% 6.69% Employer paid 401K 10.00% 10.00% Fund 122 Public Safety HYBRID Employer Paid Pension 22.55% 22.50% Employer paid 401K 1.28% 1.33% Fund 222 Public Safety - Defined Contribution Employer Paid Pension 11.83% 11.83% Employer paid 401K 12.00% 12.00% 2016-2017 18.47% 6.61% 34.04% 22.29% 14.91% 1.78% 6.69 % 10.00% 22.50% 1.33% 11.83% 12.00% Current Increase/ Decrease 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Agenda on:5/19/2016 R:\Retirem RARtftlewal Rates Moab City Recorder's Office Public Employees Contributory Retirement System 11- Local Government 12- State and School 1 Public Employees Noncontributory Retirement System 15- Local Government 16- State and School 1 Public Safety Contributory Retirement System Division A 22- State With 4% COLA 23- Other Division A With 2.5% COLA 77- Other Division A With 4% COLA Division B 29- Other Division B With 2.5% COLA 74- Other Division B With 4% COLA Public Safety Noncontributory Retirement System Division A 42- State With 4% COLA 43- Other Division A With 2.5% COLA 75- Other Division A With 4% COLA 48- Bountiful With 2.5% COLA Division B 44- Salt Lake City With 2.5% COLA 45- Ogden With 2.5% COLA 46- Provo With 2.5% COLA 47- Logan With 2.5% COLA 49- Other Division B With 2.5% COLA 76- Other Division B With 4% COLA Firefighters' Retirement System Division A Agenda Division B A 32- Division B Judges' Retirement System 37- Judges' Noncontributory Tier 1 DB System Contribution Reporting Fields Tier 1 2016-2017 RATES Employee Employer TOTAL 6.00 14.46 6.00 17.70 12.29 12.29 12.29 10.50 10.50 15.05 16.71 20.46 23.70 18.47 18.47 22.19 22.19 29.70 41.99 22.75 35.04 24.33 36.62 22.29 32.79 28.95 39.45 41.35 41.35 34.04 34.04 35.71 35.71 47.33 47.33 46.67 46.67 48.68 48.68 42.16 42.16 41.92 41.92 32.20 32.20 38.94 38.94 3.89 18.94 6.66 23.37 42.12 42.12 * Does not include the required 1.5% 401(k) contribution. ** Unfunded Actuarial Accrued Liability 1 Public School Districts and Charter School rates are effective September 1, 2016 - August 31, 2017 Utah Retirement Systems Final Condensed Retirement Contribution Rate Guide Fiscal Year July 1, 2016 - June 30, 2017 Tier 1 Post Retired Post Retired Post Retired Employment after Employment before 6/30/2010 - NO 401(k) 7/1/2010 Amortization of UAAL** Optional 401(k) Cap 8.37 12.09 12.25 11.45 6.61 11.86 9.94 12.25 18.46 11.75 12.91 9.75 15.92 18.46 11.75 12.91 24.88 24.17 26.27 19.56 19.33 9.64 15.92 23.53 23.29 23.71 23.04 23.53 22.89 22.29 22.80 22.45 22.50 22.41 22.60 22.59 22.56 23.02 18.94 23.37 Tier 2 - DB Hybrid System Contribution Reporting Fields Tier 2 2016-2017 RATES Tier 2 Fund Employer 401(k) TOTAL 111 16.67 1.78 18.45 111 14.91 1.78 16.69 112 18.24 1.78 20.02 122 22.50 1.33 23.83 122 23.66 1.33 24.99 122 20.50 1.33 21.83 122 26.67 1.33 28.00 122 29.21 1.33 30.54 122 22.50 1.33 23.83 122 23.66 1.33 24.99 122 35.63 1.33 36.96 122 34.92 1.33 36.25 122 37.02 1.33 38.35 122 30.31 1.33 31.64 122 30.08 1.33 31.41 122 20.39 1.33 21.72 122 26.67 1.33 28.00 132 10.75 1.33 12.08 132 10.75 1.33 12.08 Tier 2 - DC Plan Contribution Reporting Fields Tier 2 2016-2017 RATES Tier 2 Fund Employer 401(k) TOTAL 211 8.45 10.00 18.45 211 6.69 10.00 16.69 212 10.02 10.00 20.02 222 11.83 12.00 23.83 222 12.99 12.00 24.99 222 9.83 12.00 21.83 222 16.00 12.00 28.00 222 18.54 12.00 30.54 222 11.83 12.00 23.83 222 12.99 12.00 24.99 222 24.96 12.00 36.96 222 24.25 12.00 36.25 222 26.35 12.00 38.35 222 19.64 12.00 31.64 222 19.41 12.00 31.41 222 9.72 12.00 21.72 222 16.00 12.00 28.00 232 0.08 12.00 12.08 232 0.08 12.00 12.08 Page 155 of 159 AGENDA SUMMARY MOAB CITY COUNCIL MEETING May 24, 2016 Agenda ltem #: 7-6 Title: Request to Send Proposed Ordinance #2016-07 — An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials' Salaries to a Public Hearing on June 14, 2016 at 7:15 PM Fiscal Impact: Cost of Living Adjustments. Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Recorder/Human Resources Applicant: n/a Background/Summary: The City is required to send compensation rates to a public hearing annually and then adopt those rates. The City adopts a new compensation chart annually to accommodate the Cost of Living Adjustment (COLA) for city wages. The COLA increase this year was estimated at 1.5% year. The wages proposed in Attachment A reflect the proposed 1.5% COLA increase. Attachment B reflects all Exempt Employees along with Elected Officials and Planning Commission members. During a review of our job descriptions and a comparison with the Fair Labor Standards Act, some existing and new positions were identified as Exempt positions. The positions qualify as being exempt from the FLSA Overtime standard and so their compensation should be adopted by Ordinance along with the existing Exempt positions. Options: Council can approve, table, or deny sending the proposed ordinance to public hearing. Staff Recommendation: Staff recommends sending the proposed ordinance to public hearing. Recommended Motion: I move to send Proposed Ordinance #2016-07 — An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials Salary to public hearing on June 14, 2016. Attachment(s): Proposed Ordinance #2016-07 Agenda Page 156 of 159 ORDINANCE NO.2016-07 AN ORDINANCE AMENDING THE CITY OF MOAB CLASSIFIED HOURLY PAY RATE SCHEDULE AND EXEMPT AND ELECTED OFFICIALS' SALARIES WHEREAS, the Moab City Personnel Policies and Procedures Manual allows that pay ranges may be adjusted periodically to accommodate increases in the cost of living; and WHEREAS, the Moab City Personnel, Policies and Procedures Manual calls for using standard state and national measures to determine cost of living adjustments; and WHEREAS, the 2016/2017 Fiscal Year Budget Shows a 1.5% Cost of Living Increase for all employees covered by the Pay Rate Schedule; and WHEREAS, the proposed "City of Moab Classified Hourly Pay Rate Schedule" is attached to this resolution as Attachment A, respectively; and WHEREAS, Moab Municipal Code Section 2.44.010 states that all salaries of the elective and appointive officers of the City and the other employees of the City shall be fixed by motion or resolution of the City Council as in accordance with existing law. NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO ADOPT The City of Moab Classified Hourly Pay Rate Schedule (Attachment A) and Exempt and Elected Official Salaries (Attachment B) as referred herein effective July 1, 2016. DATED this 28th day of June 2016. ATTEST: Rachel E. Stenta City Recorder SIGNED: David L. Sakrison Mayor Agenda rdinance #2016-07 June 28, 2016 Page 157 of 159 Ordinance #2016-07 Attachment A Compensation Chart FY 2016-2017 1.5%COLA Grade Min A B C D E F G H I J K L M N O P Q R S T U V W X Y Z i 1 10.61 10.93 11.26 11.61 11.95 12.32 12.68 13.06 13.46 13.85 14.26 14.70 15.13 15.60 16.06 16.52 17.04 17.56 18.08 18.62 19.18 19.76 20.35 20.97 21.58 22.23 22.91 2 11.15 11.49 11.80 12.16 12.53 12.91 13.31 13.71 14.11 14.53 14.95 15.42 15.87 16.35 16.85 17.36 17.87 18.42 18.97 19.52 20.11 20.72 21.35 21.98 22.63 23.31 24.03 3 11.65 11.99 12.37 12.74 13.10 13.51 13.91 14.31 14.76 15.19 15.65 16.11 16.62 17.11 17.63 18.16 18.70 19.25 19.83 20.43 21.05 21.67 22.34 23.00 23.68 24.40 25.14 4 12.23 12.58 12.97 13.35 13.76 14.16 14.59 15.03 15.48 15.95 16.41 16.91 17.43 17.95 18.48 19.05 19.62 20.19 20.81 21.44 22.09 22.74 23.43 24.13 24.84 25.59 26.35 5 12.79 13.17 13.57 13.98 14.40 14.84 15.28 15.73 16.20 16.70 17.19 17.72 18.25 18.79 19.36 19.94 20.53 21.15 21.78 22.45 23.12 23.81 24.53 25.26 26.02 26.80 27.61 6 13.41 13.79 14.21 14.65 15.07 15.55 16.00 16.47 16.98 17.49 18.01 18.55 19.11 19.71 20.28 20.89 21.51 22.16 22.82 23.51 24.21 24.94 25.70 26.48 27.28 28.09 28.93 7 14.06 14.49 14.91 15.35 15.82 16.31 16.79 17.29 17.83 18.36 18.93 19.46 20.05 20.66 21.28 21.92 22.57 23.24 23.94 24.65 25.40 26.17 26.94 27.75 28.58 29.45 30.33 8 14.72 15.15 15.62 16.08 16.56 17.08 17.59 18.10 18.66 19.21 19.79 20.39 21.01 21.60 22.26 22.95 23.62 24.32 25.08 25.81 26.59 27.38 28.21 29.04 29.92 30.83 31.74 9 15.42 15.88 16.35 16.85 17.37 17.88 18.42 18.98 19.53 20.12 20.73 21.36 22.00 22.64 22.80 24.04 24.74 25.49 26.25 27.02 27.84 28.68 29.54 30.42 31.35 32.28 33.24 10 16.13 16.63 17.13 17.65 18.18 18.72 19.27 19.87 20.45 21.07 21.70 22.34 23.03 23.71 24.41 25.16 25.89 26.67 27.47 28.31 29.14 30.02 30.93 31.85 32.80 33.79 34.81 11 16.92 17.44 17.96 18.49 19.06 19.62 20.20 20.82 21.45 22.10 22.74 23.43 24.14 24.85 25.61 26.37 27.14 27.97 28.83 29.69 30.59 31.51 32.46 33.44 34.44 24.54 25.27 12 17.73 18.26 18.80 19.37 19.95 20.55 21.16 21.79 22.46 23.12 23.80 24.53 25.26 26.02 26.81 27.62 28.44 29.31 30.18 31.07 32.01 32.97 33.96 34.99 36.03 37.12 38.24 13 18.58 19.14 19.73 20.31 20.92 21.53 22.19 22.87 23.54 24.25 24.98 25.72 26.49 27.29 28.10 28.94 29.82 30.72 31.64 32.57 33.56 34.56 35.61 36.67 37.78 38.92 40.07 14 19.45 20.04 20.63 21.25 21.90 22.55 23.19 23.92 24.64 25.38 26.15 26.91 27.72 28.56 29.45 30.32 31.21 32.13 33.11 34.11 35.13 36.18 37.26 38.38 39.52 40.72 41.95 15 20.39 21.00 21.60 22.25 22.93 23.62 24.32 25.06 25.81 26.59 27.37 28.20 29.05 29.92 30.84 31.74 32.69 33.68 34.69 35.72 36.79 37.89 39.03 39.10 41.40 42.64 43.93 16 21.34 21.97 22.66 23.35 24.07 24.77 25.50 26.28 27.04 27.89 28.73 29.58 30.47 31.39 32.34 33.28 34.29 35.32 36.38 37.48 38.60 39.77 40.97 42.18 43.45 44.75 46.10 17 22.38 23.06 23.75 24.47 25.20 25.94 26.74 27.53 28.36 29.24 30.09 31.00 31.92 32.88 33.87 34.90 35.94 37.02 38.14 39.26 40.44 41.65 42.89 44.18 45.51 46.87 48.29 18 23.45 24.16 24.87 25.63 26.38 27.20 27.99 28.85 29.72 30.60 31.52 32.46 33.44 34.44 35.47 36.53 37.63 38.75 39.93 41.14 42.38 43.65 44.94 46.30 47.69 49.14 50.61 19 24.57 25.30 26.09 26.85 27.66 28.49 29.36 30.26 31.12 32.06 33.04 34.02 35.05 36.10 37.17 37.20 39.44 40.64 41.86 43.12 44.42 45.75 47.12 48.53 49.98 51.48 53.02 20 25.74 26.51 27.32 28.15 28.98 29.84 30.76 31.67 32.63 33.60 34.61 35.65 36.71 37.81 38.96 40.11 41.32 42.57 43.83 45.16 46.52 47.90 49.34 50.82 52.35 53.94 55.54 E1 26.96 27.78 28.64 29.50 30.38 31.28 32.23 33.17 34.19 35.20 36.27 37.33 38.47 39.63 40.81 42.05 43.31 44.60 45.93 47.33 48.75 50.21 51.71 53.27 54.87 56.52 58.22 E2 28.27 29.10 29.99 30.90 31.82 32.77 33.76 34.75 35.79 36.89 37.97 39.11 40.31 41.51 42.75 44.03 45.34 79.50 48.11 49.55 51.03 52.58 54.15 55.77 57.45 59.17 60.94 E3 29.62 30.51 31.43 32.38 33.35 34.33 35.36 36.42 37.51 38.64 39.82 41.02 42.22 43.50 44.80 46.14 47.51 48.94 50.42 51.96 53.51 55.11 56.77 58.46 54.77 56.40 58.11 E4 31.02 31.96 32.90 33.90 34.92 35.95 37.05 38.16 39.28 40.48 41.68 42.93 44.21 45.55 46.90 48.32 49.78 51.27 52.81 54.39 56.04 57.70 59.44 61.22 63.05 64.95 66.89 E5 32.50 33.48 34.51 35.51 36.58 37.69 38.82 40.00 41.19 42.42 43.70 44.99 46.34 47.75 49.17 50.64 52.17 53.73 55.35 57.01 58.73 62.30 64.15 66.08 68.07 70.10 72.20 S1 8.24 8.47 8.74 8.98 9.28 9.54 9.82 10.13 10.42 10.74 11.04 11.39 11.72 12.07 12.44 12.81 13.20 13.59 14.00 14.43 14.87 15.31 15.77 16.25 16.74 17.23 17.76 S2 8.35 8.62 8.86 9.12 9.42 9.68 9.97 10.28 10.58 10.91 11.23 11.57 11.92 12.28 12.64 13.02 13.43 13.81 14.22 14.66 15.09 15.56 16.01 16.49 16.99 17.49 18.02 S3 14.86 15.30 15.76 16.24 16.73 17.21 17.75 18.28 18.82 19.38 19.97 20.55 21.18 21.82 22.47 23.15 23.83 24.55 25.29 26.06 26.84 27.65 28.47 29.33 30.22 31.11 32.05 S4 15.08 15.56 16.01 16.48 16.99 17.49 18.01 18.55 19.11 19.71 20.29 20.89 21.51 22.16 22.83 23.52 24.21 24.94 25.69 26.47 27.27 28.07 28.92 29.79 30.68 31.61 32.55 S5 26.83 27.63 28.45 29.32 30.19 31.09 32.03 33.01 33.98 35.01 36.07 37.14 38.26 39.39 40.57 41.81 43.06 44.36 45.66 47.06 48.47 49.92 51.41 31.08 32.02 32.99 33.97 S6 27.26 28.06 28.90 29.78 30.66 31.60 32.53 33.52 34.53 35.57 36.63 37.73 38.86 40.02 41.22 42.45 43.73 45.05 46.40 47.79 49.22 50.69 52.20 53.77 55.39 57.06 58.77 Updated on: 5/20/2016 Page 158 of 159 1:\Compensation Chart \2016-2017 Moab City Recorder's Office ATTACHMENT B Exempt and Elected Official Salaries Section 1. Yearly salary range for the following exempt positions only: City Manager $85,000 - $149,000 Police Chief $70,000 - $120,000 City Engineer $70,000 - $90,000 Community Services Director $70,000 - $90,000 Recorder/Assistant City Manager $70,000 - $100,000 Parks, Recreation & Trails Director $65,000 - $80,000 City Planner $65,000 - $80,000 Senior Civil Engineer $65,000 - $80,000 Utility Director $60,000 - $75,000 Public Streets & Facilities Director $60,000 - $75,000 Police Lieutenant $54,000 - $75,000 Assistant City Engineer $54,000 - $75,000 Deputy City Recorder II $45,000 - $75,000 Treasurer $45,000 - $75,000 Film Commission Director $40,000 - $55,000 Arts & Special Events Manager $37,500 - $49,000 MRAC Director $37,500 - $49,000 Sports Recreation Manager $37,500 - $49,000 Section 2. Yearly salary rates for the following elected official positions: Mayor $12,300 Councilmembers $ 8,400 Planning Commission Members $50 per meeting Information about all Moab City financial transactions can be found at: http://www.utah.gov/transparency Agenda Ordinance #2016-07 - Attachment B Page 159 of 159