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HomeMy Public PortalAboutPKT-CC-2016-09-27Moab City Council September 27. 2016 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 135 Agenda Page 2 of 135 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, September 27, 2016 at 6:30 p.m. 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: SECTION 7: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 August 9, 2016 CITIZENS TO BE HEARD PRESENTATIONS/PROCLAMATIONS 3-1 Presentation of the Mayor's Student Citizenship of the Month Award for September 2016 for Helen M. Knight School DEPARTMENTAL UPDATES 4-1 Community Services 4-2 Engineering 4-3 Public Safety 4-4 Public Works 4-5 Recreation/Trails 4-6 Recorder/Human Resources 4-7 Treasurer PUBLIC HEARING (Approximately 7:15 PM) 5-1 Solicitation of Public Input on an Application to the Permanent Community Impact Fund Board for the Utah State Univeristy Infrastructure Project SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of a Special Business Event License for Plein Air from October 1 to 8, 2016 Located at the Moab Arts and Recreation Center (MARC) at 111 East and 100 North 6-2 Approval of Class II Beer License for Jason Dean Parkinson, d.b.a. Bangkok House Too located at 59 S Main St., Suite #8 6-3 Granting of Local Consent for a Limited Service Restaurant Liquor License for Jason Dean Parkinson, d.b.a. Bangkok House Too located at 59 S. Main St., Suite #8 NEW BUSINESS 7-1 Confirmation of Mayoral Appointment of Acting Chief of Police 7-2 Approval of Sanitary Sewer Agreement for Moonflower Market 7-3 Approval of Change Order #2 and #3 for the 2016 Sanitary Sewer Rehabilitation Project with Lance Excavating, Inc. Agenda Page 3 of 135 7-4 Second Reading and Possible Approval of Proposed Ordinance #2016-12 — An Ordinance Amending the City Municipal Code, Sections 12.20.005 and 12.20.030 and Adding Section 12.20.060 by Amending and Defining Restricted Park Uses 7-5 Second Reading and Possible Approval of Proposed Ordinance #2016-13—An Ordinance Amending City Procurement Procedures, Enacting Certain Ethics Provisions, and Providing for Disclosure of Transactions in which City Employees or Officials may have a Personal Interest 7-6 Discussion Regarding and Possible Approval of a Sewer Agreement with Spanish Valley Water and Sewer Improvement District 7-7 Approval of Proposed Resolution #24-2016 — A Resolution to Accept the Street, Waterline, Sanitary Sewer System Improvements and Releasing the Warranty Assurance Funds for Said Public Improvements in Deer Trail Subdivision 7-8 Request to Send Proposed Ordinance #2016-11 - An Ordinance Approving the Annexation of 8.77 Acres for the City of Moab Waste Water Treatment Plants on Properties Located along the Western Extension of 400 North Street Right -of -Way 7-9 Consideration of Rescinding Previously Adopted Resolution #11-2016 — A Resolution Amending the Personnel Policies and Procedures Manual which Revised Section 7.25 - Statutory Appointees - by Removing the Public Works Director Position 7-10 Approval of an Application to the Permanent Community Impact Fund Board for the Utah State Univeristy Infrastructure Project SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: PUBLIC OUTREACH REPORT 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 7: NEW BUSINESS (continued) 7-11 Reconsideration of Approval of a Purchasing Exception to Parr, Brown, Gee and Loveless in an amount not to exceed $33,928.38 7-12 Request for Authorization of Interim Employment Attorney Services 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 135 MOAB CITY COUNCIL REGULAR MEETING August 9, 2016 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David Sakrison called the Pre -Council Workshop to order at 6:00 PM. In attendance were Councilmembers Heila Ershadi, Kyle Bailey, Rani Derasary, Tawny Knuteson-Boyd and Kalen Jones. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Community Services Director Amy Weiser and City parks, Recreation and Trails Director Tif Miller. Under a discussion regarding Rental Inspections, City Manager Davidson brought up the of possibility of doing inspections of local rental units. Also, Mayor Sakrison reported that he has seen some neighborhoods that have rentals that are not being maintained. Mayor Sakrison mentioned possibly coming up with an ordinance that allows inspections of rentals inside as well as outside. Councilmember Ershadi voiced concern that if the City does inspections and enforces matters that property owners may not rent their property out and that would eliminate some affordable housing. Councilmember Knuteson-Boyd stated that she feels not every rental facility would need inspections, mentioning that the Senior Housing and Handicap Housing go through regular inspections. Also, Councilmember Knuteson-Boyd agrees that no one should be living in squalor. Councilmember Ershadi stated that she believes the City should focus on safety and not aesthetics mentioning that cars on lawns is aesthetics and she feels it is a citizens private property to do what they want. Councilmember Ershadi also mentioned that weeds would be a safety issue when it comes to a fire hazard. REGULAR MEETING & ATTENDANCE PRE COUNCIL WORKSHOP DISCUSSION ON RENTAL INSPECTIONS Agenda Page 5 of 135 City Manager Davidson informed the Council that the City now has Ordinances on the books to deal with some of the issues and if council wants to make changes that it needs to be planned for the future. Councilmember Knuteson-Boyd suggested that vehicles parked on lawns could become a health and safety issue when they begin to attract vermin. Councilmember Bailey commented that the City already has a code to enforce inoperable vehicles. City Manager Davidson suggested that the Council take a step back and look at Code Enforcement as she has heard from concerned residents that reside near rentals. City Manager Davidson asked Council to take a look at her written report which suggests doing an inventory of what type of issues we have and where they are located. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Thirteen (13) members of the audience and media were present. Councilmember Derasary moved to approve the Minutes of the July 7, 2016 and July 12, 2016 Council Meetings. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Under Citizens to Be Heard, Kelly Green mentioned that he had attended the June 14, 2016 Council Meeting and had suggested that the Conflict of Interest Disclosure Form should include Domestic Partner or anyone living in the household. Mr. Green commented that the minutes of the June 14, 2016 meeting did not reflect that suggestion. Councilmember Ershadi reminded Council that the City Attorney would be coming back to Council with a Gold Standard of a Disclosure Statement. Councilmember Knuteson-Boyd suggested that Council be careful with domestic partnership or non-traditional declarations. Councilmember Knuteson-Boyd stated that she feels it is not the role for the government. REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD Agenda Page 6 of 135 Mr. Green suggested an Open Policy and Declaration of Conflict, if possible that would protect privacy. Mr. Green also reminded Council that Public Officials also have a Public Life. Councilmember Derasary reminded Council that Employees are not required to complete a form if there is nothing to disclose. Mr. Green stated that Utah State requires a disclosure form every year from their employees. Councilmember Jones moved to approve a Special Business Event License Permit, a Class IV Special Event Beer License and approval of Local Consent for a state -issued Special Event Beer Permit, for the Moab Pride Event at the Moab Valley Multicultural Center on October 1, 2016, with the condition that the event begins at 12:00 pm and not 11:00 am. 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 Private Property Vendor Business License for "Oh My Dog" hot dog cart, to be located at 83 S. Main Street, from August 10, 2016 through November 20, 2016 and February 15, 2017 through November 20, 2017. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Bailey moved to approve a Class III Beer License for Brendon Cameron, d.b.a. City Market located at 425 South Main Street. 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 accept a Petition for Annexation by Moab City for Property located at approximately 400 North Stewart lane and 1070 West 400 North and a Waiver of the Annexation Fee not to exceed $400. 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 Task Order #370.07.100 APPROVAL OF PERMITS FOR MOAB PRIDE APPROVAL OF VENDOR LICENSE FOR OH MY DOG APPROVAL OF CLASS III BEER LICENSE ACCEPTANCE OF A PETITION FOR ANNEXATION Agenda Page 7 of 135 with Hansen, Allen and Luce for the City Center Photovoltaic System Design in the amount $5,500.00. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Derasary move to approve the applications for Two Grants the Utah Office of Outdoor Recreation. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Mayor Sakrison opened a Public Hearing at 7:14 PM on the following item: Solicitation of Public Input on Proposed Ordinance # 2016-09-An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab. City Planner Reinhart made a presentation concerning the annexation including the information previously presented to Council, that the annexation involves two (2) parcels that are currently in Grand County. City Planner Reinhart informed Council that Grand County does not have any objections to the annexation, he also presented the two exhibits included in the packet. One of the Legal Description and the other the Annexation Plat. Councilmember Knuteson-Boyd questioned whether the old cabin on the property has any significant historical value that may halt development. City Planner Reinhart replied that he is unaware of any historical value. Citizen Brian Ballard commented that the property requesting to be annexed is adjacent to his property. Mr. Ballard mentioned that an access road would require curb and gutter. Mr. Ballard also questioned if the street would be a City street, which would be an advantage as it is now very confusing as to who should respond. Mr. Ballard also stated that right now it is very confusing with Grand County. Mr. Ballard encourages the annexation based on Mr. Wang's intent to provide reasonably priced, affordable housing. APPROVAL OF TASK ORDER #370.07.100 APPROVAL OF GRANT APPLICATIONS PUBLIC HEARING Agenda Page 8 of 135 Councilmember Derasary mentioned previously seeing some mention of Assured Housing. Mr. Ballard commented that he had not heard of Assured Housing. City Planner Reinhart clarified with the term Inclusionary Housing. Mr. Ballard informed the council that the intent of the annexation would be for housing for Moab people, not for tourism. Councilmember Derasary reiterated that her understanding is any future residences would be sold to residents and not to second home owners. Mr. Ballard stated that is true and explained that the problem in the area is a loss of land and that higher density is needed or more housing will not happen. Councilmember Jones asked if the request for R-3 zoning and not R-2 zoning was the mechanism for a higher density. Mr. Ballard replied yes. Councilmember Bailey asked Mr. Ballard if the intent is to build or sell the land. Mr. Ballard assured the council that Mr. Wang has every intent to build on the land and that he loves the location because it is close to the high school. Councilmember Jones inquired of the Planning Department about any Future Land Use Planning, asking if R-3 is the right zone or if there are plans for more Commercial Zoning on 400 East. City Planner Reinhart informed the council that the surrounding land use is zoned Agricultural and Residential. Planner Reinhart mentioned that there is not a Future Land use Plan in the General Plan now but there is one partially developed in the draft plan. Mr. Ballard also mentioned that access to the residences would be from the new street not from 400 East. Agenda Page 9 of 135 Mayor Sakrison closed the Public Hearing at 7:24 pm. Councilmember Jones and Community Services Director Weiser held a discussion concerning the Priority Order of Affordable Housing Issues. Councilmember Jones mentioned attending the Planning Commission meeting and a discussion held at that meeting concerning lot sizes. Councilmember Jones suggested that the City Council take a broad view of the priorities. Councilmember Jones mentioned that Grand County has a statistic stating that we are lacking 970 housing units and residents are paying more than 30% of their income on housing. Councilmember Bailey asked where that information came from as well as asked if the 30% of income includes all household members. Councilmember Bailey also suggested that sub -standard housing needs to be replaced. Councilmember Jones mentioned that Grand County and Moab City can do things differently including the City attending workshops held by Grand County as well as participating in a study that Grand County will be developing. Community Development Director Weiser informed Council that her information reports that there is a shortage of 500 housing units. Community Development Director Weiser reported that the Planning and Zoning Commission is working from a list of ten priorities that were taken from the already developed Five Year Housing Action Plan previously approved by Council. Community Development Director Weiser defined Inclusionary Housing for the Council at Councilmember Bailey's request stating that Inclusionary Housing could be having a developer include a certain percentage of affordable housing in their development of complex. Community Development Director Weiser and Councilmember Bailey discussed putting deed restriction into agreements prior to approving PUBLIC HEARING CLOSED DISCUSSION OF AFFORDABLE HOUSING PRIORITIES Agenda Page 10 of 135 developments. Councilmember Ershadi asked if Payment in Lieu can be used for Employee Housing. Community Development Director Weiser explained that Payment in Lieu needs to be specific. Councilmember Derasary mentioned that Payment in Lieu could go to the Moab Land Trust and be used through there for certain or specific projects. Councilmember Jones reported that Grand County will be putting out a Request for Proposals to have a study done concerning Affordable Housing. Community Development Director Weiser stated that Grand County's study encompasses a larger goal and that the City can do a smaller study for less money. Mayor Sakrison reminded Council that the City is part of the County and the information needs to be shared as well as the City doing their own study. City Manager Davidson mentioned that some of the incoming hotels include employee housing giving Lions Back as an example. City Manager Davidson also suggested that Council take a look at the 2009 Affordable Housing Plan and decide if they would like to reprioritize the list already in place. In Mayor and Council Reports Councilmember Bailey reported that last week a draft agreement was submitted to the Spanish Valley Water and Sewer Agency. Councilmember Bailey mentioned that a joint planning group was short-circuited and that the draft presented was not a draft the City had reviewed, it was a gutted version of the draft from David Church. Councilmember Bailey relayed the information that the agency was upset that the City wanted any control over the influent sent to the treatment plant and that the agreement went way off course. MAYOR AND COUNCIL REPORTS Agenda Page 11 of 135 Councilmember Bailey reminded council that the agency would be losing their manager as of September 2, 2016 and that the Memorandum of Understanding is past the target date of July 15, 2016. Councilmember Bailey mentioned that he does not know when an agreement will be done and the Agency has surpassed the ERUs from the 1982 agreement and that the situation needs to be resolved. Councilmember Jones asked if City Manager Davidson and Agency Manager Sovine had met today. City Manager Davidson reported to council that she anticipates other users on the system and that an agreement for the life of the plant needs to be rewritten for fifty (50) plus years. City Manager Davidson mentioned that the City asked for pre-treatment to meet State guidelines and that the Agency removed that from the agreement. City Manager Davidson also mentioned that during today's meeting sections seven (7) through twenty-six (26) were reviewed. City Manager Davidson feels that if the agreement is not done by September 1, 2016, that the project will be at a standstill. Councilmember Bailey mentioned that it is as if we have gone back twelve or fifteen years. Councilmember Ershadi commented that if the public knew what was happening with the process they may be able to put pressure on the agency to resolve the situation. Councilmember Ershadi mentioned that she appreciates the time City Manager Davidson has put into the agreement and that the Waste Water Treatment Plant is in compliance thanks to the plant's staff. Councilmember Knuteson-Boyd asked what the consequences are to the citizens if there is no agreement. City Manager Davidson informed the Council that the City does not want to have users who are not held to the same requirements and regulations that the City is. City Manager Davidson reported that the Plant will reach the end of Agenda Page 12 of 135 capacity. Councilmember Jones reported that he attended the Forest Service Open House last Saturday. Councilmember Jones informed Council that he has received good feedback on the Information Ads. Councilmember Knuteson-Boyd attended the Coffee with the Council a few weeks ago and had some good discussions with citizens regarding a resolution opposing the takeover of Public Lands. Councilmember Ershadi relayed that she had heard from citizens that there is a lack of lighting on the Pathway. Councilmember Ershadi reported that she had received an email that there seems to be increased traffic near the Bed and Breakfast on Arches Drive. Councilmember Ershadi mentioned that she has heard from a few people regarding the Downtown Plan. Councilmember Ershadi also mentioned that she is getting good feedback on Meg Stewart, MARC Director. Councilmember Derasary reported that she attended the Joint City Council/County Council Meeting. Councilmember Derasary stated that she also attended a Trail Mix meeting that day. Senators Mike Lee and Orin Hatch are promoting Mountain Bikes in the Wilderness. Councilmember Derasary also mentioned National Parks Day on September 17, 2016 as well as Leave No Trace on August 10, 2016 at the Bureau of Land Management. There was no Correspondence to be read. Under Administrative Report, City Manager Davidson gave a written report. READING OF CORRESPONDENCE ADMINISTRATIVE REPORT Agenda Page 13 of 135 A Report on Public Outreach was not given. Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $417,445.32. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. No Executive Session was held. Councilmember Bailey moved to adjourn the meeting. Councilmember Knuteson-Boyd seconded the motion. The meeting was adjourned at 9:02 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder PUBLIC OUTREACH REPORT APPROVAL OF BILLS EXECUTIVE SESSION ADJOURNMENT Agenda Page 14 of 135 Department of Workforce Services Housing & Community Development Division PERMANENT COMMUNITY IMPACT FUND BOARD PROGRAM DESCRIPTION & APPLICATION FORM (Revised May 2016) Permanent Community Impact Fund Board 1385 South State - 4th Floor Salt Lake City, Utah 84115 Office: 801-468-0043 Fax: 801-468-0211 _ Agenda Page 15 of 135 PERMANENT COMMUNITY IMPACT FUND BOARD APPLICATION FORM (Revised May 2016) PART A. GENERAL INFORMATION Project Title Road and Utility Corridor for Workforce Housing, Commercial Development, and Higher Education Development Project Location Moab Population 6,200 estimate Project is on the entity's adopted general plan yes X no Date 2002 Applicant has attended a CIB Tutorial: yes X no 1. Applicant Agency Name: City of Moab Mailing Address: 217 East Center Street 2. City: Moab County: Grand . Utah Zip: 84532 Contact Person (Must be with the applicant agency and registered in WebGrants, see page 6) Name: Rachel E. Stenta, City Recorder/Assistant City Manager Phone: 435-259-5121 Fax: 435-259-0600 Email: rstenta@moabcity.org Federal Tax Identification Number: 87-6000248 Presiding Official (this person must sign the application; page 6) Name and Title: Mayor David L. Sakrison Email: mayordave@moabcity.org 3. Clerk/Recorder Name and Title: Rachel E. Stenta, City Recorder/Assistant City Manager Email: rstenta@moabcity.org 4. Engineer/Architect Name: Kimley Horn Mailing Address: 215 South Street #400 City: Salt Lake City Zip: 84532 Phone: 382-212-3177 Fax: Email: matthew.idema@kimley-horn.com 5. Bond Counsel Name: Ballard Spahr LLP Mailing Address: 201 South Main Street Suite 800 City: Salt Lake City Zip: 84111 Phone:801-531-3079 Fax: Email: Larsen@ballardsparh.com 6. Financial Consultant — (optional) Name: Mailing Address: City: Zip: Phone: Fax: _ Agenda Page 16 of 135 Email: _ Agenda Page 17 of 135 PART B. PROPOSED FUNDING — Project Title: Road and Utility Corridor for Workforce Housing, Commercial Development, and Higher Education Development 1. Cost Sharing Funding Source a. Applicant Cash b. Applicant In -kind" c. Other Local Cash (specify) Grand County $525,000 State and Institutional Trust Lands Administration $250,000 d. Other Local In -kind (specify)' USU Land Acquisition $990,000 USU Master Planninq/Conceptual Desiqn/Engineerinq $183,988 e. Federal Grant (specify) f. Federal Loan (specify) g. State Grant (specify) h. State Loan (specify) I. Total CIB Funds (total of lines 2a & 2b below) Total Project Cost Cost Share $450,000 $775,000 1,173,988 $1,453,241 $3,852,229 Note: The CIB may limit its total participation in any given project to a maximum of $5, 000, 000 regardless of grant/loan mix. 2. Type of CIB Funds Requested - (Loans should be rounded to the nearest $1000) a. Loan Amount: $ % Rate: Years: 1st Payment Due: Security for Loan: (circle one) 1. General Obligation Bond 2. Revenue Bond (specify revenue source): Sales Tax 3. Building Authority Lease Revenue Bond (specify lessee): 4. Class B & C Road Fund Revenue Bond: 5. Other (specify): 6. b. Grant Amount: $ 1,453,241 3. Cost Over -runs _ Agenda -2- Page 18 of 135 All applicants must indicate how they propose to finance cost over -runs for the proposed project. Annual allocation of $75,000 to setaside fund **In -kind funds cannot be included as part of the local contribution, unless the in -kind has a demonstrable value, such as real property. Donated labor or staff time cannot be counted as either cash or in -kind contribution. _ Agenda -3- Page 19 of 135 PART C. PROJECT BUDGET — Project Title: Road and Utility Corridor for Workforce Housing, Commercial Development, and Higher Education Development DATE COST ESTIMATES FOR PROJECT WERE PREPARED 9/15/2016 INDIVIDUAL OR FIRM RESPONSIBLE FOR COST ESTIMATES Kimley-Horn & Associates I. Construction — (This refers to the prepared estimate included with application) (specify quantity & unit price below or refer to an attached estimate) 1. Permits & Fees, Mobilization, Site Preparation $256,125 2. Erosion Control, Earthwork, Landscaping $280,756 3. Asphalt Paving, Concrete Paving, Traffic Signage, $868,671 Concrete Curb & Gutter, Stormwater Management 4. Water Service, Sanitary Sewer Service, Natural Gas $487,744 Service, Electrical Service, Telephone Service 5. Site Lighting $169,805 6. Construction Contingency 10% $253,144 Construction Sub -Total $2,316,245 2. Engineering Services Pre -Construction Engineering: (Preliminary studies, layouts, cost estimates, design drawings, specification & contract documents) Special Engineering Services: (soil investigations , geotechnical studies, land surveys, environmental evaluations, permitting, water rights and other special investigations) Construction Engineering Services: (Representation during construction, special inspections, materials testing and construction phase services $ 36,700 (submitted and paid) $ 22,940 (submitted and paid) $361,996 Engineering Services Sub -total: $ 361,996 ALTERNATE ENGINEERING OPINION 3. Planning or Feasibility Studies (conceptual design/prelim engineering) Planning or Feasibility Studies Sub -total $ 124,348 4. Land/Easements/Water Rights Land/Easements/Water Rights Sub -total $ 990,000 5. Equipment & Facilities Equipment & Facilities Sub -total $ 6. Administration Legal: $ Financial Consultant: $ Administration Sub -total $ _ Agenda -4- Page 20 of 135 TOTAL PROJECT COST $ 3,852,229 _ Agenda -3- Page 21 of 135 PART D. APPLICANT AGENCY FINANCIAL INFORMATION I. Current Year Total Budget: 2. Current Year General Fund Budget $ 24,338,597 $ 9,922,227 3. Current and Prior Four Years Property Tax: $ 0 Year Property Tax Rate $ Collected 2015 0 0 2014 0 0 2013 0 0 2012 0 0 2011 0 0 4. General Obligation (G.O.) Debt Structure a. Assessed Valuation: b. G.O. Debt Capacity:* c. Outstanding G.O. Debt: d. Remaining G.O. Debt Capacity (b-c=d): $ 0 $ 0 $ 0 $ 0 *County G.O. debt limit is 2.0% of assessed value. City, town and school district G.O. debt limit is 4.0% of assessed value. Cities of the first and second class may incur an additional 4.0% in G.O. debt for water, artificial lights or sewers. Cities of the third class and towns may incur an additional 8.0% in G.O. debt for water, artificial lights or sewers. 5. Bonded Debt Summary Bonded debt information must be submitted in the format shown on Page 5. The submission of bonded debt information in an alternative format will not be accepted, since it precludes easy reference to the actual debt structure of applicant agencies. Please attach additional pages in the same format if there are insufficient columns on Page 5 to list all bonded debt issues. Agenda -4- Page 22 of 135 Bonded Debt Summary (attach additional sheets as necessary) BOND ISSUE PURPOSE: City Hall Project $Issued: $2,050,000 Interest Rate: 2.5% Date Issued: 11/04/2003 Due Date: 2029 Bond Holder: State of Utah Annual Debt Service (P+I) BOND ISSUE PURPOSE: Aquatic Center PURPOSE: $ Issued: $4,900,000 $ Issued: Interest Rate: 0% Interest Rate: Date Issued: 01/13/2009 Date Issued: Due Date: 2035 Due Date: Bond Holder: State of Utah Bond Holder: BOND ISSUE Annual Debt Service (P+I) Annual Debt Service (P+I) Year $ Amount Year $ Amount Year current current current 111,500.00 191,000.00 +1 +1 +1 111,525.00 191,000.00 +2 +2 +2 111,500.00 191,000.00 +3 +3 +3 111,425.00 191,000.00 +4 +4 +4 111,300.00 191,000.00 +5 +5 +5 111,125.00 191,000.00 +6 +6 +6 110,900.00 191,000.00 +7 +7 +7 111,625.00 191,000.00 +8 +8 +8 111,275.00 191,000.00 +9 +9 +9 110,875.00 191,000.00 +10 +10 +10 110,425.00 191,000.00 +11 +11 +11 110,925.00 191,000.00 +12 +12 +12 111,350.00 191,000.00 +13 +13 +13 110,700.00 191,000.00 +14 +14 +14 191,000.00 +15 +15 +15 191,000.00 +16 +16 +16 191,000.00 +17 +17 +17 191,000.00 +18 +18 +18 191,000.00 +19 +19 +19 191,000.00 +20 +20 +20 191,000.00 $ Amount Agenda -5- Page 23 of 135 PART E. PRE -SUBMISSION ATTACHMENT CHECKLIST Note: Please refer to CIB PROGRAM SUMMARY. Applicants must meet ALL of the requirements listed below. Incomplete applications will be held pending completion of the PART E. requirements. 1. Registration (*one time registration only.) To be eligible for funding, the applicant must be registered in WebGrants (http://weborants.community.utah.gov) For new registration, the applicant will receive an email with their login ID and password. *Note: Please register one time only. If applicant has submitted an application previously they may already have a login and password. Do NOT register again. 2. Project Description — (Note: Is the project on the entity's adopted general plan) Attach as Attachment #1. This description should cover the following areas: WHO — A description of the applicant agency including the problem, situation, condition or need to be addressed by the proposed project. The description should cover the number of persons, land area, governmental facilities, services or operations impacted by the problem. WHAT — A description of the proposed project including size, location, development timetable, etc. Include explanation of projected benefits and alternatives considered. Attach 81 X 11 maps, floor plans, site plans and prepared estimate etc. as Attachment #2 WHY— Has the applicant investigated other sources of funding for this project and an explanation of why the applicant agency requires financial assistance from CIB. 3. Consolidated Local Capital Improvement List — Permanent Community Impact Fund Board Attach the current consolidated capital improvement list as Attachment #3. Projects not identified on the CIB Capital Improvement List of the Housing & Community Development Division, will NOT be funded by the CIB, unless they address a bona fide public safety or health emergency, or for other compelling reasons. 4. Public Hearing — (Per CIB Program Summary: Discuss size, scope and nature of any funding request to be submitted to the CIB.) Attach a copy of the public notice and a copy of public hearing minutes as Attachment #4. 5. Association of Governments Notification Provide a copy of the application to the AOG & attach required AOG review & comments as Attachment #5. 6. Affordable Housing Plan — (do not submit the entire housing plan) Attach a brief summary of the applicant's efforts to comply with the requirements of Section 10- 9a-403 UCA (municipalities) and Section 17-27a-403 UCA (counties) as Attachment #6. 7. Water & Sewer Applications require a Department of Environmental Quality Review Utah Department of Environmental Quality (DEQ) staff act as technical advisors to the CIB on drinking water and waste water projects. Applicants for proposed drinking water and waste water project funding MUST COMPLETE AND SUBMIT the Drinking Water & Waste Water Project Supplement to DEQ. (DEQ Supplemental form is located on CIB website_ http://iobs.utah.flOv/housingicibicib.html 8. Street & Road Applications — must complete Street & Road Addendum with all road/street applications. (Street and Road Addendum is located on CIB website_ http://iobs. utah. qov/housing/cib/cib. h tml) Agenda -6- Page 24 of 135 9. Construction & Excavation Applications & SHPO Applications which include building, altering or disturbing properties fifty (50) years of age or older, or which may include new site excavation shall include photograph, address and map of the proposed project. .PART F. PRESIDING OFFICIAL SIGNATURE the Of (typed name) (typed title) (typed name of applicant agency)do hereby certify the information presented in this application is accurate and correct to the best of my knowledge and this application has been authorized by the applicant agency (signature) (date) Agenda -7- Page 25 of 135 Attachment #1: Project Description A) Project Alignment with City of Moab General Plan Moab City's CIB Application is in alignment with the goals and objectives of the 2015 City of Moab General Plan (current draft), specifically in relation to three critical community needs addressed by this funding request: • Essential workforce training and development through career and technical education and higher education; • The development of infrastructure that will open an important new area to the establishment of affordable housing; and • The support of diversified commercial development. In relation to workforce development, the General Plan states: "This planning document envisions the new University campus over a 30-year period transitioning from a small downtown site to a full campus in a recently annexed area. The plan establishes that the campus will be designed and constructed with an awareness of the environment, economics, community, aesthetics, and energy efficiency, to ensure it benefits the lives of students and Moab residents."' In relation to affordable housing, the Plan states: "A major challenge in Moab is the cost and availability of housing. Vacation properties and second homes dispersed throughout the community have inflated housing costs. A large percentage of jobs in Moab are in leisure, hospitality, and retail trade industries. Identifying and securing housing that supports the Moab workforce and their families has continued to be a priority for the City." 2 The proposed infrastructure project will also positively impact Moab's business community. Within the General Plan one stated goal is to "encourage a diverse mix of year-round employment opportunities offering competitive salaries and meaningful work to raise residents' standard of living through an economically viable community."' This infrastructure project will open a new corridor for development that will substantially increase the community's ability to address important workforce, housing, and commercial needs as identified in the City of Moab's General Plan. 1 Moab General Plan *Draft General Plan Update 2015* Page 19 2 Moab General Plan *Draft General Plan Update 2015* Page 20 3 Moab General Plan *Draft General Plan Update 2015* Page 6 Agenda Page 26 of 135 B) WHO —A description of the applicant agency including the problem, situation, condition or need to be addressed by the proposed project. The description should cover the number of persons, land area, governmental facilities, services or operations impacted by the problem. Because of space and land constraints, commercial and community expansion for the City of Moab will necessarily continue to move South along Hwy 191. The purpose of this proposal is to request funding that will support critical infrastructure development in a key location that will provide a foundation for addressing three important community objectives: workforce training and development, future housing development, and business and commercial development that will be quickly pursued by the community once the infrastructure is in place. The site that will be served by new infrastructure includes a 40-acre USU parcel, 320 acres of surrounding SITLA land, and 30 acres of private land zoned for commercial development (see Figure 1 for the site master plan). The entire site has been incorporated into Moab City for the purpose of supporting this development. In addressing community needs, the infrastructure will open up an initial corridor for future housing that could eventually include up to 450 units of multi -family housing, and 100 single family homes. The infrastructure will also bring road and utilities 100 feet onto a 40-acre parcel owned by Utah State University that has been identified as the location of a future campus that could initially serve up to 500 students, including 260 units of student housing. An adjacent 30-acre parcel of private property is designated for commercial development that will support and complement business expansion and retention in targeted industries. The USU campus will provide: career and technical education through certificate programs and associate degrees in electrical apprenticeship, bookkeeping, digital design, web business, allied health, automotive technology and welding, construction management, general technology, and others; professional degrees needed within the community in such vital areas as business, education, social work, nursing, and others; and targeted programs that take advantage of Moab's unique setting including natural resources, hospitality and tourism management, recreation resource management, geology, and others. USU will continue to house a Small Business Development Center and Business Resource Center that will support business expansion and retention efforts within the community. In addition, plans are in place to pursue the development of a Moab Innovation Center that will include public -private partnerships designed to create long term opportunities for business growth and diversification of the local economy by creating mechanisms for new partnerships and industry development within the community. The establishment of USU campuses in other rural Utah communities has led to economic diversification and stabilization within those communities, especially in regions that experience periodic cycles of economic boom and bust. Agenda Page 27 of 135 - rk � r•: - - T rqC) T. Color Key Purple: Utah State University Blue: Student Housing ,ight Yellow: Single Family Housin )ark Yellow: Multi -Family (All housing is on SITLA land) 30-Acre Commercial Development Here Figure 1: Potential full build out of project served by new infrastructure. C) WHAT —A description of the proposed project including size, location, development timetable, etc. Include explanation of projected benefits and alternatives considered. Attach 8% X 11 maps, floor plans, site plans and prepared estimate etc. as Attachment #2 This infrastructure request involves road, utilities, storm water management, and street lighting that will extend from the intersection of Hwy 191 and Mill Creek Drive for 1,952 linear feet (.37 Agenda Page 28 of 135 miles) across private property, SITLA property and 100 feet onto USU property (all within the City of Moab as shown in Figure 2). Figure 2: Phase I of Infrastructure Development Including Road and Utility Alignment (see pg. 11, Kimley-Horn Study). Agenda Page 29 of 135 The City of Moab has obtained a $1.2 million Rural Urban Road grant to engineer and realign Mill Creek Drive with Hwy 191. It is anticipated that the intersection realignment could take place in late 2017 or early 2018. If necessary resources have been acquired, the infrastructure project proposed with this request will piggy back on the intersection realignment project and take place in late 2017 or early 2018. (See Attachment #2 for the full Engineering Study and cost estimates associated with this project.) In anticipation of infrastructure development sometime during 2017-2018, USU has worked with EDA architects to develop a conceptual plan for the first phase of a USU Moab campus on the 40-acre parcel identified above (see Figure 3). The estimated cost for the first building, including infrastructure, parking, and landscaping is approximately $8 million. In order to move forward with the campus, USU will pursue funding through the state legislature, private donors, liquidation of current assets, and other resource acquisition activities as appropriate. Figure 3: Conceptual drawing, initial phase of USU Moab campus. Agenda Page 30 of 135 D) WHY— Has the applicant investigated other sources of funding for this project and an explanation of why the applicant agency requires financial assistance from CIB. A great deal of time, energy, and money has gone into the design and development of this project. • The full site has been incorporated into the City of Moab; • USU Moab has acquired ownership of a 40-acre parcel (valued at $990,000); • A master plan for the entire site has been developed ($96,510, see Figure 1); • A conceptual design has been created for an initial USU building ($27,838, see Figure 3); • An infrastructure engineering study has been completed by Kimley-Horn ($59,640, Attachment #2); • Multi -year set aside funds have been created by Grand County and the City of Moab (currently totaling $975,000); • Rights of Way have been granted by SITLA and the private property owner. At this point, funding through the CIB will provide a critical mechanism for closing the gap on remaining funding needed to initiate Phase I of this infrastructure development. As detailed in the Kimley-Horn engineering study (see Attachment #2), Phase II of this project will require an additional $468,343. • A dialogue has been established with Patrick Waggoner and Trent Thompson with the Economic Development Administration (EDA) based in Denver and a pre -proposal for this project has been invited and will be submitted in the near future. • Stephanie Cecil with USDA Rural Development has provided guidance and contacts that will allow us to submit funding proposals to the USDA for additional project support. Agenda Page 31 of 135 CITY OF MOag ■■■■E■ St;Ve o� Rah ran: Sdrx�l ar�d lrrsrivikina] iiiiiC Trust lands Adrni m istsat;on 11111■111■11 UtahStateUn iversity SITLA/UTAH STATE UNIVERSITY/MOAB CITY USU/SITLA INFRASTRUCTURE SITE INVESTIGATION REPORT PROJECT NAME: SITLA/USU Moab Campus Development and Infrastructure LOCATION: Moab, Utah STREET ADDRESS: Mill Creek Drive & US Highway 191 CITY/COUNTY/STATE: Moab / Grand / Utah SITE ACREAGE: 260+ acres Moab, UT SITLA/USU SIR Prepared by: Kimley»>Horn 215 South State Street #400 Salt Lake City, Utah 84111 (382) 212-3177 Page 1 KH # 093557000 Agenda Page 32 of 135 EXECUTIVE SUMMARY The information contained within this Site Investigation Report was gained through research on the internet, previous data provided by the State of Utah School and Institutional Trust Lands Administration ("SITLA"), Utah State University ("USU"), Moab City, Grand County and telephone conversations with the people noted herein. Some Due Diligence Investigation has been conducted for this report, sufficient to identify the main constraints associated with development of this property. Any action taken based upon this report should consider that the in -person and telephone conversations were informal, and in some instances regarding scope and tasks that have not been fully defined at this time. It is recommended full design coordination with external agencies (UDOT, City of Moab, Grand County) be obtained prior to proceeding with all formal governmental approvals and permits. This report represents our understanding of the various issues as enumerated herein and the scope of the project at this time. Project Location/Address: Subject parcels - APN: County: Jurisdiction: Entitlements Required: Infrastructure Schedule: Due Diligence - Entitlements - Construction Documents - Permits - South of Mill Creek Drive & US Hwy 191 intersection 010180001,2; 10170009 — 326 acres Grand County City of Moab, Utah C-4/R-4 existing zoning Right -Of -Way Dedication Site Plan Application (subdivision amendment) Public Hearings required 28-45 days Survey — boundary & topo (completed) Geotechnical — (completed) Environmental — (previously completed) Transportation impact study — to be completed 90-120 days (right-of-way, site plan, building, plat) 30 days (concurrent with entitlements) 60 days (assuming 2 revise and resubmits) Encumbrances — • Extreme topography • Multiple Existing Drainage Channels • UDOT Hwy 191 expansion (scope and timing) • Power/Gas easements • High-tension power lines bisecting the property Moab, UT SITLA/USU SIR Page 2 KH # 093557000 Agenda Page 33 of 135 SECTION 1— CONTACT LIST 1.1 CLIENT CONTACTS Client Team: SITLA PM: Troy Herold - 801-538-5170 Moab SITLA Contact: Bryan Torgerson - 435-259-7417 USU Regional Campus Director: Steve Hawks - 435-797-5101 Moab City Manager: Rebecca Davidson - 435-259-5121 1.2 INFRASTRUCTURE CONSULTANTS Civil Engineer: Matthew Idema, P.E. Kimley-Horn & Associates 215 South State Street #400 Salt Lake City, Utah 84111 (385) 212-3177 Roadway Development Coordinator: Jodi Pearson, P.E. Kimley-Horn & Associates 385-282-7999 Due Diligence Coordinator: Stephen Selu, P.E. Kimley-Horn & Associates 385-212-3178 Site Planner: Pierre Langue Axis Architects 801-355-3003 Wetland Consultant: N/A Environmental Consultant: Sonja F. Wallace Environmental Compliance Manager SITLA 675 East 500 South #500 Salt Lake City, Utah 84102 801-538-5170 Traffic Consultant: N/A Geotechnical Engineer: Alan Spilker, P.E. GSH Geotechnical Inc. 473 West 4800 South Salt Lake City, UT 84123 801-685-9190 Surveyor: Brad Bunker, PLS Bunker Engineering 64 North 100 East Monticello, UT 84535 435-459-9152 Moab, UT SITLA/USU SIR Page 3 KH # 093557000 Agenda Page 34 of 135 1.3 SELLER / DEVELOPER CONTACTS Developer: TBD Broker: N/A Attorney: N/A Structural Engineer: N/A 1.4 REAL ESTATE CONSULTANTS Broker: N/A Real Estate Attorney: N/A 1.5 CITY/COUNTY CONTACTS Planning/Zoning: Jeff Reinhart Moab Planning Director 217 East Center Street Moab, Utah 84532 435-259-5129 Engineering: Phillip Bowman Moab Engineering 217 East Center Street Moab, Utah 84532 435-259-4941 Building: Jeff Whitney Grand County Building Department 125 E. Center Street Moab, Utah 84532 435-259-4134 Health: Southeastern Utah District Health Department 575 South Kane Creek Blvd. Moab, Utah 84532 435-259-5602 Fire: Grand County Moab Fire Department 45 South 100 East Moab, Utah 84532 435-259-5557 Traffic: Phillip Bowman Moab Engineering 217 East Center Street Moab, Utah 84532 435-259-4941 Moab, UT SITLA/USU SIR Page 4 KH # 093557000 Agenda Page 35 of 135 Parks: Mike Huts Parks Superintendent 217 East Center Street Moab, Utah 84532 435-259-7485 Signage: Jeff Reinhart Moab Planning Director 217 East Center Street Moab, Utah 84532 435-259-5129 UDOT Roadway Jurisdiction: Rick Torgerson UDOT Region 4 210 West 800 South Richfield, Utah 84701 435-893-4799 1.6 UTILITY COMPANIES Water: Mark Sovine Grand Water & Sewer 3025 E. Spanish Trail Rd. P.O. Box 1046 Moab, UT 84532 435-259-8121 Sanitary Sewer: Mark Sovine Grand Water & Sewer 3025 E. Spanish Trail Rd. P.O. Box 1046 Moab, UT 84532 435-259-8121 Storm Drainage: Jeff Foster Moab City 217 East Center Street Moab, Utah 84532 435-259-7485 Electric: Jesse Barker Rocky Mountain Power 435-259-3203 Gas: Dennis Thompson Questar Gas 801-324-3643 Telephone: N/A Fiber Optics: Kim Healy Frontier Communications 435-257-8125 Moab, UT SITLA/USU SIR Page 5 KH # 093557000 Agenda Page 36 of 135 SECTION 2 — EXISTING SITE CONDITIONS The following information in Section 2, unless otherwise noted, was obtained from Aerial imagery and a site investigation on October 19, 2015. 2.1 SITE ACCESS: Site location: South of intersection of Highway 191 and Mill Creek Drive in Moab, Utah. Classifications of all adjoining roadways: Street Name: Classification: Jurisdictional Agency Hwy 191 Arterial UDOT Region 4 Mill Creek Drive Rural Road City of Moab 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 2.1.9 MARK THE FOLLWING WITH AN 'X' YES NO Is signalized access available to the site? X Are left turn movements allowed? a. Primary Drive Entering X b. Primary Drive Exiting X c. Secondary Drive Entering X d. Secondary Drive Exiting X Do curb cuts exist on the site? X Must new driveway permits be obtained? X Do sidewalks exist along the adjoining right-of-ways? X Are new sidewalks required where none exist? X Are off -site roadway improvements, such as acceleration/deceleration or turn lanes to serve the site anticipated? X Are future changes to existing roadways planned? X a. Full Improvements to Highway 191 X 2.2 EXISTING STRUCTURES AND IMPROVEMENTS: Describe existing structures and site improvements: N/A Describe required demolition: Moab, UT SITLA/USU SIR Page 6 KH # 093557000 Agenda Page 37 of 135 N/A Anticipated Historic preservation Issues: N/A 2.3 TOPOGRAPHY AND DRAINAGE: There is a great deal of topographic variability to the subject property. The land contains multiple drainage channels and courses, most of which are controlled under a single master sub -basin, as defined by the Grand County Master Hydrology Study. Where possible, the existing channels have been maintained and culverts provided where crossing them was necessary. See attached exhibits from the Grand County Hydrologic Study. 2.4 EXISTING VEGETATION: See Geotechnical Study, prepared by GSH Geotechnical, Inc. attached to this report. 2.5 WETLANDS: 3.5.1 Are there Wetlands located on this property: No. 2.6 FLOODPLAIN: FEMA Map designation and findings: FEMA FIRM panel attached as an exhibit to this report. 2.7 JURISDICTIONAL WATERS: Proximity to jurisdictional waters if impacted: N/A 2.8 EXISTING SOILS: See Geotechnical Report (Appendix) Moab, UT SITLA/USU SIR Page 7 KH # 093557000 Agenda Page 38 of 135 SECTION 3 — SUMMARY OF WORK COMPLETED/COST ESTIMATE EXPLANATION TASKS • Existing document review of previous studies, plans and designs conducted in proximity to or associated with the subject parcels. • Coordination with Moab City (Engineering and Planning) — all applicable criteria • Coordination with UDOT Region 4— Proposed Highway 191 improvements • Coordination with Grand County—Stormwater Master Plan and Hydrology • Coordination with SITLA— Internal roadway and future student housing demands • Coordination with USU — Internal roadway and future campus demands • Proposed internal roadway alignment and intersection overlay with Highway 191 • Proposed utility alignments and service configuration • Preliminary Opinion of Probable Cost (OPC) for internal roadway and utility mains o Costs have been aggregated to reflect estimated pro-rata shares of costs between SITLA, USU and Moab City COST ESTIMATE The attached cost estimate spreadsheet (in Appendix #9) represents the total costs associated with the project scope, as defined as the connection of the internal roadway and capital facilities from Highway 191, to the south boundary of the USU campus parcel, necessary to provide access and services to the SITLA property, as well as the USU campus. The assumed demands for the utilities are representative of typical utility sizing for similar projects. Since no formal capacities or demands have been placed on the master -plan at this time, estimates erred on the side of caution and conservative quantities and unit rates were utilized. Based on the current surveys and City information, connection to some utilities will require off -site extensions. These are reflected in the cost estimate as an "off -site connection" cost. For the purposes of value engineering, the attached cost estimate includes a "Phase 1 Construction" scope, which would provide access and utilities to the site without incurring the full cost of the right-of- way construction at the initial stage of the project. The assumption in this estimate is that two (2) lanes of traffic would be sufficient initially. Therefore, only half of the internal road would need to be be paved, including the curbing for the median and the full width of culverts and other crossings. Additionally, the utilities would need to maintain their "full -build out" sizes, as the cost to up -size these in future phases would be cost -prohibitive. It should be noted that further value engineering could be done in the next phase of design work, as more information is provided related to the specific proposed development. This could provide additional savings. Moab, UT SITLA/USU SIR Page 8 KH # 093557000 Agenda Page 39 of 135 APPENDIX #1 INTERNAL ROADWAY ALIGNMENT (80-FOOT ROW) Moab, UT SITLA/USU SIR Page 9 KH # 093557000 Agenda Page 40 of 135 8 MAJOR COLLECTOR WITH TRAIL AND LANDSCAPE MEDIAN QUANTITIES CURB AND GUTTER 6,252t L.F. ASPHALT 266,370f S.F. CONCRETE SIDEWALK 46,682f S.F. LANDSCAPING 30,478f S.F. SITLA/USU - ROADYWAY ALIGNMENT MOAB, UT 60 0 AO BO — inch =`ft. Kimley » Horn Page 41 of 135 APPENDIX #2 INTERNAL ROADWAY GRADING ANALYSIS Moab, UT SITLA/USU SIR Page 10 KH # 093557000 Agenda Page 42 of 135 cc c a) Q Page 43 of 135 s �o� =s=so ,4� -aw-a aoo ssfs� 000L5Stsa 3 M b.o.,�,o� *IS 4o.n nsn d,us\s„4,p3\aado\nsn 4oarv\eus 000,sstsoVAQ ols\ , APPENDIX #3 INTERNAL ROADWAY PRELIMINARY UTILITY LAYOUT Moab, UT SITLA/USU SIR Page 11 KH # 093557000 Agenda Page 44 of 135 3TLA/UTAH STATE UN IVERSTY - MOAB, UT - UTILITY MAIN ALIGNMENT e0 o ,so �u AUGUST 18, 2016 ==n = so ft Kimley»)Horn --} Page 45 of 135 Moab, UT SITLA/USU SIR APPENDIX #4 INTERNAL ROADWAY PROFILE Page 12 KH # 093557000 Agenda Page 46 of 135 4480 4476 4472 4468 4464 4460 4456 4452 4448 4444 4440 4436 4432 4428 4424 4420 4416 4412 4408 4404 4400 4396 4392 4388 4384 4380 4376 4372 4368 4364 4360 4356 4352 4348 4344 4340 4336 4332 4328 4324 4320 4316 4312 4308 4304 4300 qti 9 ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■mmmamm■mmmmmmmm■ mamma ME■ 9■m ■■■■■ MEN • =MEW • 30 I 12a odDO a 111m11,1111111-Ai1111111 1 ry '©�"""""""""""""""""""'Illlllllllllllllllllll EMI o �A:2+1W■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Mao vc 1111111111111111111111111111111111 MMWCROSSM Lr 10+00 11+00 12+00 13+00 14+00 15+00 16+00 17+00 18+00 19+00 20+00 21+00 22+00 23+00 24+00 25+00 26+00 27+00 28+00 29+00 30+00 31+00 32+00 33+00 34+00 35+00 36+00 37+00 38+00 39+00 40+00 41+00 42+00 SITLA/USU CAMPUS— INTERNAL ROADWAY PROFILE MOAB, UT a) 100 4480 4476 4472 4468 4464 4460 4456 4452 4448 4444 4440 4436 4432 4428 4424 4420 4416 4412 4408 4404 4400 4396 4392 4388 4384 4380 4376 4372 4368 4364 4360 4356 4352 4348 4344 4340 4336 4332 4328 4324 4320 4316 4312 4308 4304 4300 0 50 100 200 1 in oh = ,00 ft. Page 47 of 135 Kimley*Horn Moab, UT SITLA/USU SIR APPENDIX #5 INTERNAL ROADWAY & HIGHWAY 191 PRELIMINARY GEOMETRY Page 13 KH # 093557000 Agenda Page 48 of 135 \ BELOW -GRADE r►.��� PEDESTRIAN r \ CROSSING ♦' . ` ` a� A� r r t' • -� •. , .. t1,RNNA6E CULVERT ERT '1L ' i i } . • f�• r �. Pit fit' Agenda SIGNAL POLE ADA ACCESS- PED CROSSING ADA ACCESS • PED CROSSING SIGNAL PO i SITLA/UTAH STATE UNIVERSITY - MOAB, UT - HWY 191 INTERSECTION DETAIL , _ � AUGUST 18, 2016 „yoHorn Page 49 of 135 Moab, UT SITLA/USU SIR APPENDIX #6 FEMA FIRM PANEL/FLOOD PLANE MAP Page 14 KH # 093557000 Agenda Page 50 of 135 ZONE AE LEGEND —SPECIAL FLOOD HAZARD AREAS (SFHAa) gg INUNDATION SV THE 196 ANNUAL CHANCE FLOOD NOTES TO USERS Is for use in administering the National Flood Insurance Program. It does scarily ideal. all areas eubjecl to hooding, particularly ham local drainage of small size. The community map repository should be .nutted for updated or additional flood hazard information. n more elai.d information in areas Mare Base Flood Elevations mdlor Boodwya gave been determined, users are encouraged to consult d Profl. and Flo.way Data and%or Summery of Stillwater Elevations )naiad MMIn the Fl.d Ineuama Study (EIS) report that aaompenlee M. U.rs should . aware that BFEa shown on the FIRM tepreeent Mot.. elevation. These BFEs are intended for flood insurance rating only and should not be used as the sole source of flood elevation on. Accordingly, flood elevation data prover. In the FIS report Mould be oot )... with the FIRM for purposes of construct.. andloe fl.dplaln T . of the foodwaYs were con -quad at woes sections and interpolated crow section. The floodwys were based on hydraulic considerations and to aqu remenls of the National Flood Insurance Program. Floodwy nd other pertinent Modway data are provided in the Floodway Data .ble n this FIRM. areas not In Special Food Hazard Areas may be protected by flood atructures. Refer to Section 2.4'Flood Protection...rei of the Flood e SOdy report for information on flood control structures for this je.on used an the preparation of this ,rap was UM/easel Transverse • as In datum, d tupr ojection Horizon. datum A m, spheroid, projectn oUTM zonesdrod used tlbl In the punof r aaacent Jurisdictions may resat In slight positional dlMren.s In map across jurisdiction boundaries. These differences do not affect the e h of mFI RM. amatins on this nap are referenced to the NoNorthAmea.an Vertical Datum These Mod elevations must be compared to structure and ground s referenced to me same .11.1 datum. For Information regarding on .tween the National Geodetic Ver.! Datum of 102E a. the No. e Vertical Datum of 1008, cleft the National Geodetic Survey web. at once ooaa cool or contact the National Geodetic Survey at the following tiara Servlc. IlNGS12 Geodetic Survey sb0 Wesl Highway ding, 200104282 current elevation, description. and/or .cotton information Mr bench hewn on this nap, please contact the Information Services Branch of the Geode. Survey et (901) 7134242, or visit NB web. et wanal ap inromation shown on Ns FIRM was provided In digital loamat by the m Service National Agriculture Imagery Program (NAIP), dated summer id by tire U.S. Geological Survey Digital OMophotc Quadrangles, dated 1 later, pc male of I•24000. The data usas obtained re Dotage maintained by Mube A rn the ecgal lnformt.nat. Ills Reference Cener (AGRC). n updated this map reflects more detailed and UP dream anal configurations and floodplain delineations than those n the roue FIRM for this Ndsdictlon. As a result, the Flood Profiles and y Data tables may reflect stream charnel distances that differ from what is the map. Also, to naodgam relamnahipa Mr unrevwed streams ir r et is • previous ,naps. e Ilmta shown on MY mep are batted on the bet data available at the Because Mangey due to annexations or de.annezations may surreal Mr this map was published, map users should contact appropriate iN officials to verity current corporate limit locations. efer to e separately prnad Map Index far an overview map of the rowing the layout of map vents; comrrwnhy ,rap repository addressee: sting of Communities table containing National Flood Insurance Program WW1 unity all a. a MAN of IM1e panels on aM iM comms can which is located. the PEMA Map Service Cater at 1-80635856. for information on products associated with this FIRM. Available products may Include ly Issued Letters of Map change, a Flood !neuron. study report, and for irsions of this map. The FEMA Map Service Center may also be reached t 18003560620 and its webs. at hllizamscremagovr ve question. about this map or questions concemhg the National Flood e Program in general, please call 1877FEMA MAP 0-8773362827) or FEMA white at N1n.wwlema.govlbnainesslnfiN. GRAND COUNTY 11I2M PANEL LOCATOR DIAGRAM a=.waa�.r.aioha, M,�, 'PANEL 1101,11INTED ,10 SPECIAL FLOOD HAZARD AREAS Grand County Unincorporated Areas 490232 ZONE X Mt.oFr�r ZONE X ZONE AE ZONE AE Cite of.N1IL 4' 49007 18 ZONE X Grand Cmlmt� I in co rpm rated Areas 190232 ZONE X Mill Creek 2 JOINS PANEL 1725 Grand (..ourit1' l nincorporated :k reas 490232- re.oeM ;tcoaee.N moo (ta�Prenr naedeex°xmwn.eme came soa°o«°tAow cttnp� a& �ha" a: °.anoo"tl° `uE•n".e ease E.� �ira�`h EeagnbedMermmed3'nttert aalell :7anm171:cr :`,ele2 o:WPgf swbL Vdvdte 1" _ n8 vectored t gfajlfOlatn'llloepastwedAem" a eauFioteElh Mired velocity hazard (wave action): no Se aettlOrfle*Ulerctot ty haam (wave .axon,, sit fLOODWAY AREAS aIN ZONE AE mdeyt oodrtnaW n s OTHER FLOOD AREAS ZaHEX sere F'tEirea s[n�are741'er Zaxitctnwtlrla9eiErii-n1 areas determined to Oa outside the 0.296 annual chance naadplair Areas in which Mod baba. are unclearnmed, but amide. COASTAL BARRIER RESOURCES SYSTEM (MRS) AREAS OTHERWISE PROTECTED AREAS (OPAS) mood riWdw.y hoendary and CPA ..ary ou� mani9dp "' ••••••••513•••••••• Base Hood Elevation beard value; elevation in ket• M. 987) Elevation value where undmm Whin zone, a Referenced to the rvmn Aimee. vert. Datum of INS 0 Transact be e a%fcoNpn W)nm referenced to me Nam Nneru.� gre7B°m"E2230' (n wgm0FT gated,,cant,rid ale`on:iDP`SZONE4302),LambeedCerrr`o Mee eafenatltry Notes to usereeeax a r Has nP�i DX5610,, • M1.9 0 R PTe APNwlazoaa @ a EFFECTIVE PATE. Of MAMMY) T014I6 MNa aunty map rnls.n Nam= a.rso rountywide mappme, refer name Esmmr i e n e maracas artmslawlttlm. the NeWnalsMtlineua s1.7.mle[Nlgnt r1"7h xnMdywrlmurenwa.e MAP SCALE I"=600' 250 0 _i :g0 FEET 0 ..METER PANEL 17E70 FIRM FLOOD INSURANCE RATE N GRAND COUNTY, UTAH AND INCORPORATED ARE PANEL 1767 OF 2100 (SEE LOCATOR DIAGRAM OR MAP IN FIRM PANEL LAYOUT) CONTAINS a.. COMM, ssons 11,91 Yana Cabana 400012 Agenda n rnJ 49019C EFFECTIVE APRIL; Federal Emergency Management. APPENDIX #7 GRAND COUNTY STORMWATER DRAINAGE SUB -BASIN MAP Moab, UT SITLA/USU SIR Page 15 KH # 093557000 Agenda Page 52 of 135 Est. Existing Storage = 0 ac-ft Proposed Storage =4.8 ac-ft /5.8 ac- Est. Existing Storage = 8.6 ac-ft-#. Proposed Storage =5.2 ac-ft /6.2 ac- 73 Pond Est. Existing Storage = 0 ac-ft Proposed Storage =1.7 ac-ft /2.1 ac-ft Match Line - See Figure 2-12 CsOnouirr Crrni C ..n..� Cvic4i r�ry Cfro,m/liifrh wic+ir-�ry rsi 11%ior4 APPENDIX #8 GRAND COUNTY STORMWATER STORAGE -TO -SPILLWAY TABLE Moab, UT SITLA/USU SIR Page 16 KH # 093557000 Agenda Page 54 of 135 SPANISH VALLEY STORM DRAIN MASTER PLAN UPDATE December 2011 etention Basin Location Descriptio Storage To Spillway Crest (ac-ft) E imequired MC= MEM Zin � �... � . 'C s1 'C s1 rOMEE mmen torag - Storage w 58 Basin 58 Outflow 20 2 0.9 1.1 New Pond 66 Basin 66 Outflow (Sage Trunk line Inflow) 105 20 4.8 5.8 70 Mill Creek Drive Pond (Basin 70 Outflow) 73 Basin 73 Outflow 46 5 3.6 5.2 6.2 13 1 1.7 2.1 New Pond Modify Existing New Pond 75 Basin 75 Outflow 272 52 16.4 19.7 New Pond 84 Junction 84 Outflow 175 27 - 8.1 9.7 New Pond 90 Junction 90 Outflow 168 33 10.6 12.7 New Pond 98 Basin 98 Outflow 98 18 - 4.3 5.1 New Pond 99 Basin 99 Outflow 173 37 7.2 8.6 New Pond 103 Basin 103 Outflow 62 24 - 1.3 1.6 New Pond 110 Basin 110 Outflow 23 2 2.0 2.4 New Pond 111 Basin 111 Outflow 530 201 9 11.6 13.9 Modify Existing 113 Basin 113 Outflow 64 10 - 5.2 6.3 New Pond 116 Basin 116 Outflow 237 86 5.2 6.2 New Pond 117 Basin 117 Outflow 264 82 - 8.4 10.1 New Pond Agenda Page 55 of 135 Page 49 APPENDIX #9 PRELIMINARY OPINION OF PROBABLE COST Moab, UT SITLA/USU SIR Page 17 KH # 093557000 Agenda Page 56 of 135 ESTIMATE TABULATION PROJECT: SITLA/USU INTERNAL ROADWAY INFRASTRUCTURE (100 feet into USU pa reel) Moab, Utah 9/15/2016 S1TLA USU Lineal footage of right-of-way in parcel owners property. 18521.f. 100 I.f. This estimate takes into account two new scenarios - (1) if the road was built through the SILTA property and only 100 feet into the USU parcel, an (2) if that length of road was phased to build the half -width of the 80-foot right-of- way, with a single lane of traffic in each direction, called 'Phase I". ITEM NO. WORK ACTIVITY QUANTITY UNIT UNIT PRICE PERMITS & FEES Site Development Fees (estimated) SUBTOTAL Mobilization 1 LS $150,000 LS TOTAL 60.30% $150,000 $150,000 Mobilization SUBTOTAL SITE PREPARATION 1 LS $45,000.00 $/LF I $45,000 $45,000 Site Clearing 7.50 Acres $2,750.00 $/Acre Site Stripping (Top Soil) 7.50 Acres $5,000.00 $/Acre Stock Pile and Re -Use Top Soils 1,500 CY $2.00 $ICY SUBTOTAL EROSION CONTROL Silt Fence 3,200 _ LF $6.00 $/LF Diversion Dikes 1,600 LF $1.00 $/LF Construction Entrance 2 Each $5,000.00 Each Riprap mitigation of exist channels 1 LS $7,500.00 Each Sediment Basin 7,000 CY $4.50 $/CY Inlet Protection 4 Each $175.00 $/Each Temporary Seeding 31,000 SF $0.15 $/SF $20,625 $37,500 $3,000 $61,125 S 19,200 $1,600 $10,000 $7,500 S3I ,500 $700 $4,650 SUBTOTAL $75,150 60.30% EARTHWORK Cut/FillOnsite 54,500 CY $4.50 $/CY Import Fill (including pad prep) 5,200 CY $16.00 $ICY Export Material 0 CY $/CY $45,315 $245,250 $83,200 $0 SUBTOTAL $328,450 60.30% LANDSCAPING S198,055 Landscaping/Irrigation System 31,000 SF $4.00 SF I $124,000 SUBTOTAL $124,000 60.30% ASPHALT PAVING $74,772 Light Duty Paving 5,000 SY $24.50 $/SY $122,5001 Agenda RPvicrd• 0/77/2016 PAGE 1 OF 5 Page 57 of 135 ESTIMATE TABULATION PROJECT: SITLA/USU INTERNAL ROADWAY INFRASTRUCTURE (100 feet into USU p. reel) Moab, Utah SITLA USU Lineal footage of right-of-way in 9/15/2016 parcel owners property. I$52 l.f. This estimate takes into account two new scenarios - (1) if the road was built through the SILTA property and only 100 feet into the USU parcel, an (2) if that length of road was phased to build the half -width of the 80-foot right-of- way, with a single lane of traffic in each direction, called "Phase 1". ITEM NO. WORK ACTIVITY QUANTITY UNIT UNIT PRICE 1001.f. TOTAL Heavy Duty Paving 25,000 SY $29.70 $ISY Pavement Striping ] LS $25,000.00 LS $742,500 $25,000 SUBTOTAL $890,000 60.30% CONCRETE PAVING S536,670 Heavy Duty Paving Sidewalk (5' wide) Sidewalk (8' wide) 9,584 SY $29.00 $ISY 3,150 LF $19.00 VLF $277,926 $59,850 3,150 LF $28.00 $ILF $88,200 SUBTOTAL $425,976 60.30% S256,864 Agenda ' ' ' ""r/2016 PAGE 2 OF 5 Page 58 of 135 ESTIMATE TABULATION PROJECT: SITLA/USU INTERNAL ROADWAY INFRASTRUCTURE (100 feet into USU parcel) Lineal footage of right-of-way in arcel owners ro.e . USU 100 l.f. This estimate takes into account two new scenarios - (1) if the road was built through the SILTA property and only 100 feet into the USU parcel, an (2) if that length of road was phased to build the half -width of the 80-foot right-of- way, with a single lane of traffic in each direction, called "Phase 1". ITEM NO. WORK ACTIVITY QUANTITY UNIT UNIT PRICE TOTAL TRAFFIC SIGNAGE Control boxes (estimate) SUBTOTAL CONCRETE CURB & GUTTER 1 LS $35,000.00 $/LS $35,000 $35,000 18" Curb & Gutter SUBTOTAL 6,300 LF $18.00 $/LF 60.30% STORMWATER MANAGEMENT $113,4001 $I13,400 $68,380 12" Pipe 250 LF $37.10 $/LF 15" Pipe 350 LF $47.00 $/LF 18" Pipe 750 LF $50.00 $/LF 24" Pipe 1,250 LF $55.30 $/LF 36" Pipe 800 LF $62.00 $/LF 48" Pipe 500 LF $95.00 $/LF Detention Pond (@ intersection) 1 LS $150,000.00 LS Pedestrian/Equestrian underpass 110 LF $950.00 $/Lf Inlet Structures (Type 1-curb) l 7 Each $3,200.00 $/Each Inlet Structures (Type 2) 5 Each $3,500.00 $/Each Junction Boxes/Manholes l 3 Each $4,000.00 $/Each Drainage Culvert @ Sta. 22+00 100 LF $350.00 $/LF BMP Stormwater Treatment i Each $25,000.00 $/Each $16,450 $37,500 $69,125 $49,600 $150,000 S104,500 $54,400 $17, 500 SUBTOTAL $667,850 60.30% WATER SERVICE Domestic Water 2" Pipe 250 LF $25.00 $/LF 8" PVC Pipe 0 LF $39.00 VLF 12" C900 PVC Pipe 3,205 _ LF $52.00 VLF 6" PVC Pipe 400 LF $30.00 $/LF Fire Hydrants 8 EA $4,500.00 $/EA Off -site water connection 90 LF $52.00 $/LF 1 1/2" Domestic Water Meters 0 EA $3,000.00 $/EA Valves & Fittings 1 LS $35,000.00 $/Each $402,714 $6,250 $0 $166,660 $12,000 $36,000 $4,680 $0 $35,000 SUBTOTAL $260,590 60.30% SANITARY SEWER SERVICE $157,136 Sewer Lateral 6" Pipe PVC 420 LF $55.00 $/LF 1 $23,0741 Ravicad• 9!7]nom Agenda Page 59 of 135 PAGE 3OF5 ESTIMATE TABULATION PROJECT: SITLA/USU INTERNAL ROADWAY INFRASTRUCTURE (100 feet into USU parcel) ITEM NO. Moab, Utah 9/15/2016 parcel owners property. This estimate takes into account two new scenarios - (1) if the road was built through the SILTA property and only 100 feet into the USU parcel, an (2) if that length of road was phased to build the half -width of the 80-foot right-of- way, with a single lane of traffic in each direction, called "Phase I". SITLA 1852 LE USU 100 If. Lineal footage of right-of-way in WORK ACTIVITY Main - SDR-35 18" Pipe Manholes Cleanouts Off -site Sewer Connection SUBTOTAL NATURAL GAS SERVICE QUANTITY UNIT 3,150 LF 14 Each 8 Each 1,100 LF 2" Service Pipe SUBTOTAL ELECTRICAL SERVICE (2) 4" Conduits * Vaults 60.30% 2,850 LF 60.30% UNIT PRICE $75.00 $4,500.00 $400.00 $75.00 $/LF $/Each $/Each $/Each TOTAL. $236,250 $63,000 $3,200 $82,500 $408,024 $246,038 $42,750 $42,750 S25,778 $42,750 $7,000 $49,750 $29,999 $42,750 $5,000 $47,750 2,850 LF 2 Each SUBTOTAL *Conduit only -Rocky Mtn. Power will pull the wire 60.30% TELEPHONE SERVICE (2) 4" Conduits* Vaults 2,850 LF 2 Each SUBTOTAL * Conduit only-Centurylink will pull the wire 60.30% $15.00 S/11' $15.00 $/LF $3,500.00 LS $15.00 $/LF $2,500.00 S28,793 nevkrd• 9177/2016 PAGE 4 OF 5 Agenda Page 60 of 135 ESTIMATE TABULATION PROJECT: SITLA/USU INTERNAL ROADWAY INFRASTRUCTURE (100 feet into USU parcel) Moab, Utah 9/15/2016 parcel owners property. USU 100 I.f. This estimate takes into arrount two new scenarios - (I) if the road was built through the SILTA property and only 100 feet into the USU parcel, an (2) if that length of road was phased to build the half -width of the 80-foot right-of- way, with a single lane of traffic in each direction, called "Phase I". ITEM NO. WORK ACTIVITY QUANTITY UNIT UNIT PRICE SITE LIGHTING Pole Bases 44 Each $1,500.00 $/Each Fixtures, Poles & Conduit 44 Each $4,900.00 $/Each SUBTOTAL 60.3M4, TOTAL $66,000 $215,600 $281,600 $169,805 Project Scope Subtotal $2,531,445 Contingency 10% $253,144 Revised Project Summation $2,784,589 Consultant Fees (Permitting) 50/0 Estimate $139,229 Contractor OH&P 8% Estimate $222,767 Revised Project Grand Total S3,146,586 **If 1/2 width built - "Phase I", removing half the asphalt, curb & gutter and landscaping **Phase 1 Grand Total $2,678,242.96 Estimate Prepared By: Company Name: Plans Dated: Project Notes/Comments: Lineal footage of right-of-way in Matthew D. Idema, P.E. Kimley-Horn & Associates Preliminary Evaluation Sales tax not included. No mitigation requirements have been determined or issued by the city Assumes majority of off -site infrastructure connections can be used Assumptions made on utility connection and fees SITLA 1852 11. Agenda ' "'T2016 PAGE 5 OF 5 Page 61 of 135 PERMANENT COMMUNITY IMPACT FUND BOARD (CIB) LOCAL CAPITAL IMPROVEMENT LIST FISCAL YEAR 2017 GRAND COUNTY GRAND COUNTY: SHORT TERM LIST FISCAL YEAR 201 Applicant County Estimated Total CIB Request CIB Submission Priority Priority Entity Project Description Cost Revenue Sources/Shares Grant Loan Date A A Castle Valley Fire District Fire Station &Interagency Regional Center $750,000 CIB - $750,000 $750,000 2017 A A Castle Valley Fire District Fire Protection Water $175,000 CIB - $175,000 $175,000 2016 B B Castle Valley Town Culinary Well/Fill Station $50,000 CIB - $50,000 $50,000 2017 Old Spanish Trail Arena replace A C Grand County MBA existing well with larger one for new ballfields $200,000 CIB _ ' $200,000 $200,000 Oct-16 A A Grand County MBA Pavilion at Grand Center $150,000 Other $100,000 $50,000 Oct-16 CIB $50,000 A B Grand County Half Mile Colorado River Pathway Phase A $2,510,000 CIB - $2,510,000 2016 A A Grand County MBA New Ambulance Bay at Old Senior Center Property $450,000 Local $150,000 $150,000 $150,000 Jun-16 CIB $300,000 A A Grand County Expansion of Footprint of Main Terminal Secured Area $1,900,000 CIB $1,400,000 $1,400,000 2016 Local 500000 UDOT $550,000 Moab $375,000 Road and Utility Corridor for USU/EDA $1,600,000 A A Grand County or Moab City Workforce Housing, Commercial Development and Higher $5,000,000 CIB $1,600,000 $1,400,000 2016 Grand Co 225000 Education Development State Small _ Urban Road $1,200,000 Fund _ A A Grand County Transportation SSD Federal Land Access Program Fed. Hwy 46 La Sal Mountain Loop Road $7,900,000 CIB $267,400 $267,400 2016 GCTSSD $267,400 Phase 1 Federal $7,365,200 CIB $500,000 A A Moab City Water Tank $2,000,000 DDW $1,000,000 $500,000 2016 Local $500,000 A A Moab City Hwy 191 Gateway Plan Storm water drainage improvements $1,200,000 Other $950,000 $250,000 2016 CIB $250,000 A A Moab City Waste Water Treatment Plant Facilities Upgrade $10,000,000 CIB $5,000,000 $5,000,000 2016 Other $3,000,000 Local $2,000,000 Page 62 of 135 1 PERMANENT COMMUNITY IMPACT FUND BOARD (CIB) LOCAL CAPITAL IMPROVEMENT LIST FISCAL YEAR 2017 GRAND COUNTY GRAND COUNTY: SHORT TERM LIST FISCAL YEAR 201 Applicant County Entity Project Description Estimated Total CIB Request CIB Submission Priority Priority Cost Revenue Sources/Shares Grant Loan Date $5,000,000 2014 A A Moab City Waste Water Facilities Local $2,000,000 $7,000,000 CIB $5,000,000 B B Moab City Storm Drainage Detetion Basins Outfall Local/DWQI— $3,000,000 $3,000,000 2016 $6,000,000 CIB $3,000,000 A A Spanish Valley Water & Sewer Sewer Line Improvements in Highlands Subdivision CIB $150,000 $75,000 $75,000 2015 $400,000 Other 1 $250,000 A B Spanish Valley Water & Sewer Fire Flow Pump for Navajo Ridge Area $150,000 CIB $150,000 $100,000 $50,000 2016 County Project Totals $18,110,000 $3,467,400 $150,000 Regional &County Project Totals $18,110,000� $3,467,400 $150,0007 Page 63 of 135 2 Zirah September 20, 2016 GRAND COUNTY COUNCIL MEMBERS Elizabeth Tubbs (Chair) • Jaylyn Hawks (Vice Chair) Ken Ballantyne • Chris Baird • A. Lynn Jackson Mary McGann • Rory Paxman Re: Road and Utility Corridor for Workforce Housing, Commercial Development, and Higher Education Development To the Permanent Community Impact Fund Board: The development of a Utah State University campus in Moab is Grand County's top priority for community development, higher education, and commercial expansion. As a show of local commitment to the initial stage of infastructure development, Grand County commits to increase the USU Regional Campus Development Grand County Set -aside fund by $300,000 in the 2017 budget. This brings the total to $525,000 in matching revenue toward USU and the City of Moab's application for funding. We anticipate that a USU campus will: • Act as a gateway for commercial enterprise on adjacent private parcels; • Establish the infrastructure for workforce and student housing development on SITLA property directly adjacent to the campus; • Create long term opportunities for business growth and diversification of the local economy; • Enable mechanisms for new partnerships and industry development within the community; and • Expand the higher education opportunities for local residents. Steady enrollment growth, the procurement of 40 acres of dedicated land by USU, locally relevant academic degree programs, and the addition of five full-time faculty members show substantial progress that justifies the development of a permanent campus. As one of the community's top priorities, the Grand County Council looks forward to working with donors, stakeholders, legislators, the CIB Board, and Utah State University administrators in making the USU Moab campus a reality. Sincerely, a-46 Q ElizaA. Tubbs, Chair Grand County Council Agenda Council's Office • 125 E. Center St. • Moab, UT 84532 . (435) 259-1346 • www.grandcountyutah.nct age 64 of 135 PERMANENT COMMUNITY IMPACT FUND BOARD APPLICATION ADDENDUM FOR STREET & ROAD PROJECTS This addendum is required for all street and road improvement applications. PART A. GENERAL INFORMATION Project Title SITLA/USU Moab Campus Development and Infrastructure 1. Applicant Agency Name: City of Moab 2. Contact Person Name: Rachel E. Stenta, City Recorder/Assistant City Manager Phone: 435-259-2683 PART B. APPLICANT FINANCIAL INFORMATION 1. Current and Prior Four Years Street & Road Revenues: Email: rstenta@moabcity.org Year B&C Revenues Transfers from Mineral Lease Total Revenues General Fund Revenues FY 2016-17 (Budgeted) 330,000 810,600 0 1,140,600 FY 2015-16 202,574 550,449 0 753,023 FY 2014-15 186,532 565,260 0 751,792 FY 2013-14 186,602 548,173 0 734,775 FY 2012-13 183,126 222,500 0 405,626 TOTALS 1,088,834 2,696,982 0 3,785,816 Agenda Page 65 of 135 2. Current and Prior Four Years Street & Road Expenses: Year Construction Debt Service Administration Total Expenses 2016-17 810,600 0 In-house 810,600 2015-16 311,987 0 In-house 311,987 2014-15 151,599 0 In-house 151,599 2013-14 304,099 0 In-house 304,099 2012-13 51,711 0 In-house 51,711 TOTALS 1,629,996 0 1,629,996 PART C. ON -GOING MAINTENANCE PROGRAM 1. Does the Applicant have an on -going capital or maintenance replacement program for streets and roads? YES ® NO❑ If YES, please describe the capital or maintenance replacement program. Annual Overlay Project Annual Chip Seal Annual Crack Seal Road Replacement Projects Agenda Page 66 of 135 Attachment #6 Affordable Housing Plan — Summary The City of Moab's General Plan adopted in 2002, contains Affordable Housing Goals and Policies in Section 5, Housing (attached). The City and Grand County worked together to develop an Affordable Housing Plan; the City Council adopted the Affordable Housing Plan as an amendment to its General Plan in 2009. This plan contains 5 year goals and objectives (attached). Since adoption of the Affordable Housing Plan in 2009 many of the goals and policies have been implemented through resolutions and code revisions. These include (but are not limited to) a resolution in 2011 identifying a prioritized list of regulatory barriers to affordable housing in the land development code. This provided the Planning Commission the direction they needed to generate several code amendments which have since been adopted and implemented in the code. These include reduction in lot size, lot width, decreasing the minimum house size, decreasing setbacks, allowing accessory dwelling units in all residential zones, increasing densities and allowing the construction of employee housing in conjunction with commercial development. The City and County have a joint Interlocal Housing Task Force that meets once a month to brainstorm and find ways to implement the goals and objectives of the Affordable Housing Plan; this includes the recent creation of the Community Land Trust. The City and County are currently undergoing an update of the Plan and hope to have the update adopted by the end of this year. The City is working with several private developers on private/public partnerships for the development of affordable housing one large piece of city owned property and several privately owned properties. The Planning Commission recently completed a workshop on developing an Inclusionary Housing policy that will soon be presented to the Council. The City of Moab is committed to the task of providing quality affordable housing for Moab's residents. a) c d cn Q Page 67 of 135 SECTION 5 HOUSING I. HOUSING - GENERAL 25 Goal: To follow a housing strategy that meets the needs of current residents, anticipates growth in housing needs, promotes a cohesive, small-town environment, supports a high quality of life, and addresses the problems of affordable housing. Policies: 1. Encourage a mixed variety of housing types to attract economic development and maintain growth while meeting the needs of the community. 2. Maintain the integrity of residential areas with compatible types of housing and development. 3. Enforce health, welfare and safety laws so that properties are maintained and house values are enhanced. 4. Encourage residential homes to remain in residential use. II. AFFORDABLE HOUSING Goal: To provide or make available affordable housing for all Moab residents. Policies: 1. Support the Grand County's Housing Authority in its efforts to assist low- to moderate -income families and individuals in meeting their housing needs. 2. Explore options for non-traditional housing and adjunct housing such as live/work housing, garage or garden apartments, and caretaker units. Implementation: a. Encourage and create incentives for developers to provide housing for employees. b. Encourage employers in the City to assist in finding, and possibly providing, housing for temporary and seasonal workers. 3. Assist homeowners and owners of rental properties in the renovation of existing units. Implementation: a. Encourage a salvage program for demolition materials of homes and commercial structures for recycling into affordable housing or renovation construction. 4. Support the development of affordable, small-scale residential housing which fits the character of the City and is interspersed with market -rate units. 5. Encourage 25 percent of new housing units to be affordable (as defined by HB-295) to area median income. At least 35 percent of the 25 percent goal shall be affordable rental housing targeting families at or below 50 percent of the area median income. Page 68 of 135 26 6. Encourage organizations and business to consider creative housing for their employees. 7. Identify key land parcels in and near the City which are suited for affordable housing. Work with and encourage property owners to develop affordable housing on the lands identified appropriate for such use. 8. Encourage private/public partnerships for the development and management of affordable housing. Special considerations should be shown to non-profit sponsors of affordable housing and special use housing. 9. Encourage affordable housing to be dispersed throughout the community, consistent in scale and character with surrounding neighborhoods. 10. Encourage in -fill development of affordable housing. 11. Encourage the development of mixed -use housing, combining affordable housing with commercial use. Promote the building of affordable housing units above commercial ground floor units. 12. Consider the development of accessory dwelling units. SECTION 6 PARKS, RECREATION AND THE ARTS I. PARKS D RECREATION -- GENERAL Goal : To provide par facilities, open space, green space and recreation eas for year-round use in Moab. Policies: 1. Require high health and safe standards at all parks a i recreation sites within the City of Moab. 2. Provide new and traditional pa and recreation e..eriences for present and future residents by establishing different types of pa space wit the Moab parks system. Park space shall be dispersed to provide the opportunity r recre, ton and park use by all of the community. Implementation: a. Park space should include hildren anamily playgrounds, picnic grounds with shelters and barbecue facilities, ecreational parks or sports such as basketball, baseball, soccer, volleyball, Frisbee, s teboarding, rollerblag, etc., green space and/or open space with quiet, secluded are • s, and parks or designated ctions of parks where dogs are allowed. 3. Provide additional pa s as needed. m lementatio a. Pro ote creation of pocket parks in neighborhoods t ough City acquisition of p .perty or creative partnerships with private owners. reate a citizens' group to assist the City in locating sites for poct parks. 4. R wire that park sites and equipment in parks be safe and functional. The fact 'ties should reflect e interest of Moab residents with special emphasis given to improvemen to benefit the handicapped. Page 69 of 135 (F1-- XIII. AFORDABLE HOUSING 5-YEAR GOALS AND OB]ECTIVES Go 1. To achieve and protect secure, affordable, decent housing opportunities for Moab/Grand County residents. 2. To achieve adequate owned and rental housing opportunities to allow the community to recruit and retain a workforce with the skills and credentials needed by community employers. 3. To achieve creation and retention of housing stock affordable to very low, low, moderate, and moderate to 120 percent of Area Median Income (AMI) households. 4. To assess on a continuing basis the gaps among housing stock, housing needs, and what households can afford in order to revise the objectives of the Affordable Housing Plan. 5. To establish and participate in programs and efforts to reduce household operating, rehabilitation and construction costs across the economic spectrum. Objectives: 1. Through public and private partnerships, provide 8 units of transitional housing for Moab's homeless, within the next five years, of the total 16 needed within the next 10 years. 2. Through public and private partnerships, provide 55 units of new or rehabilitated rental housing affordable to very low income households, within the next five years, of the total 139 currently needed. 3. Through public and private partnerships, provide 22 units of new or rehabilitated housing affordable to low income households; 10 for purchase and 12 for rental, within the next five years, of the total 55 currently needed. 4. Through public and private partnerships, provide 124 units of new or rehabilitated housing affordable to moderate income households; 114 for purchase and 10 for rental, within the next five years, of the total 313 units currently needed. 5. Promote and establish energy efficiency and other programs, policies and regulations to lower the cost of constructing, rehabilitating and maintaining homes affordable to all households earning 120 percent of AMI or less. 6. Analyze the housing needs of moderate to 120 percent income households and develop an objective to address the needs of this income group. 7. Coordinate with and involve multiple community and outside agencies in developing affordable housing solutions. Page 70 of 135 37 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 27, 2o16 I / Agenda Item #: 6-1 Title: Approval of Permits for Plein Air Moab Fiscal Impact: $33,000 Staff Presenter(s): Tif Miller Department: Recreation Applicant: Plein Air Moab/Moab Arts and Recreation Center / Background/Summary: This is an annual event and will take place at the Moab Arts and Recreation Center, Downtown, and at Arches National Park. It will incorporate outdoor painting, art workshops and art sales. This event will run from 10/1/16-10/8/16. The MARC will host the event, and will coordinate all art sales. The City Special Events Committee has reviewed the application for the required permits and licenses for the event. We have conferred with the MARC and reminded them to make sure all pedestrian right of ways are not blocked and that nobody should be in the street. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of all items, subject to the state required approvals Recommended Motion: "I move to approve Plein Air Moab 2016." Attachment(s): Special Business Event License Application Agenda Page 71 of 135 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB 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 ($90): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 NAVE OFEvFNT: Plein Air Moab 2016 DESCRIPTION OFEvENT: Outdoor Painting Event and Art Sale/Downtown Quick Draw 10/6/16 and Arches National Park Quick Draw Competition 10/7/16 LocATIavOFEvENT. Moab Arts and Recreation Center 111 E. 100 N Moab Utah, 84532 PREMISES TO BE USED: Moab Arts and Recreation Center TEMPORARY STRUCTURES TO BE USED (IF ANY): N/A DATE(S)AND TIIVE(S)a EVENT: 10/1/16-10/8/16 Times will vary, Art Sale held from 10/6/16-10/8/16 from 4:00pm to 9:00pm ANTIaPATED #OF EVENT PARTIaPANT S: 100 NUMBER OF VENDORS PARTICIPATING: 1 TYPES OF VENDORS PARTICIPATING IN EVENT: All sales are routed through the MARC EXPLAIN FEES GENERATED BY THE EVENT (I. E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): Registration fees for artists EVENT SPONSOR'SNIANE: City of Moab/ MARC PHoNE: 435-259-6272 SPONSOR'SADDRESS: 217 E. Center St. OTv: Moab STATE: UT ZIP: 84532 TYPE CF CRGANIZATICN: ❑ PROPRIETORSHIP ❑ PARTNERSHIP ❑ CORPORATION MOTHER (SPECIFY): Government EVENT SPONSOR'S SALES TAX ID # CONTACT EMAIL ADDRESS: NAIVE REGIS I tRED WITH 11-E STATE FOR TAX ID: 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 DELAYED. I/WE Tif Miller HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). I/WE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. �- 11v1/W. 9/22/16 Signature of Sponsor Date State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this day of NOTARY PUBLIC ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. Agenda Page 72 of 135 ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF 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 73 of 135 SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: Plein Air Moab DATE(S) OF EVENT: 10/1 /16-10/8/16 BUSINESS NAME OWNERS NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID Moab Arts and Recration Center City of Moab, 217 E. Center St. 435-259-6272 ART 09/08/03 Page 74 of 135 BUSINESS NAME OWNERS NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID 09/08/03 Page 75 of 135 III / AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 27, 2016 / / / Agenda ltem #: 6-2 r 1 Title: Approval of Class II Beer License for Jason Dean Parkinson, d.b.a. Bangkok House Too located at 59 S Main St., Suite #8; and Granting of Local Consent for a Limited Service Restaurant Liquor License for Jason Dean Parkinson, d.b.a. Bangkok House Too located at 59 S. Main St., Suite #8 Fiscal Impact: All applicable fees have been paid by the applicant Staff Presenter(s): Jennie Ross, Treasurer Department: Treasurer \ Applicant: Jason Dean Parkinson Background/Summary: This application is for a Class II Beer License and Local Consent for a Limited Service Restaurant Liquor License, which entitles the Licensee to sell beer in the original containers, on the premises for consumption on the premises, in accordance with the State of Utah Liquor Control Act and ordinances of the City of Moab. Staff has determined that a formal background check is not required for this type of license. The Police Chief has reviewed this application and has determined that the application is in order and there are no proximity issues. This location has not been licensed previously. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of this application. Recommended Motion: Approve Attachment(s): Application materials Agenda Page 76 of 135 DATE PAID: AMOUNT PAID: RECEIPT NO.: ] b'.S c.3 CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB o CLASS I FEE: ,i CLASS!' FEE: © PRIVATE CLUB O CLASS III FEE: O CLASS IV FEE: LICENSE ##: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: .--J ,61 50r- l� eCi rN, ?Di r HOMES PHONE: 13U.l � L-n -(92 HOME ADDRESS: 1 d' Cl � K rl j` , CITY: el,. j b) STATE: ZIP: j L 14-1 C915- SOCIAL SECURITY NUMBER: DATE OF BIRTH: DRIVER LICENSE NUMBER& STATE: BUSINESS INFORMATION BUSINESS NAME: �^„ � }� 1 J-0V .E) —Too SALES TAX ID #: BUSINESS ADDRESS: �i�--jjj�j.� (jjlli/ St S'Ll-0 BUSINESS PHONE: y-3,)' 3 ���i I (}$ BUSINESS MAILING ADDRESS: CITY: ri9(},h STATE: VT ZIP: (/-1.--3Z WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER` UNDER THE FOLLOWING LICENSE: (CHECK ONE) ❑ CLASS I CLASS II Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. ❑ PRIVATE CLUB Same conditions as Class I and Class II Beer Licenses. ❑ CLASS Ill ❑ CLASS IV Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. 1 Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ No ES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold -:3Rtmster stJ� f ();n ne55 n') de , by the applicant within the City of Moab: application is for 3.2% by weight only. Also requires a State license. 07/09/14 C d co a Page 77 of 135 3- Have you ever been convicted of any offense other than a minor traffic violation? No ❑ YES (If yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class I, II, Private Club and Class IV. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS 1V. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 471 SOUTH MAIN DATE OF INSPECTION APPROVED in DISAPPROVED ❑ REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REAS ON(S): SPECIAL CONDITIONS: C d a1 Q Page 78 of 135 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. Applica's .v.nature STATE OF UTAH COUNTY OF GRAND �a Pa-r k, now-L. , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this /341-• day of 1 JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm_ Expires Dec 11, 2016 Page 79 of 135 , an Notary Public LIMITED SERVICE RESTAURANT LIQUOR LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission ( I ) to Issue an oil -premise alcohol license for it person to store, sell, offer for sale. furnish, or allow the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance reducing the proximity requirements (if applicable), AUTHORITY: Utah Code 32B-1-202; 32B-5.-201 through 203; 32B-5-205 and -206 + ' � DI b It, 1. i To. l ] County t.ucai business license nuliHuiiy hereby grants its consent to the issuance of a limited service restaurant liquor license to: Business Name (DBA): ' ) G n (:,:b )([. < HD Vse -Ti, Applicant Entity/Business Owner: i'----Sr, e2r--N 1(✓G0'-,?tnr` )4I f"�c.f__D,n y� l._t}crltiorl Address:��� �o t r rc,-,l/1 st 5±e_ Authorized Signature Name/Title Date LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Cade 32B-I-202, the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground. or park. Authorized Signature N<ii,�ierl'itl� _i�,k�--- t_.�...�__.�� This is a suggested format. A locally produced city, town, or county fomi is also acceptable. The local consent must be submitted to the DA13C by the applicant as part of a complete application, 14 C d a) Q Page 80 of 135 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 27/ 2016 Agenda. item #: 7-2 Title: Approval of the Sanitary Sewer Management Agreement for Moonflower Market, Inc. Fiscal Impact: none Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Background/Summary: The Moab City Council adopted the City's current Sanitary Sewer Management Plan (SSMP) in October 2015. The SSMP requires that all Food Service Establishments (FSE's) provide an acceptable means of intercepting oil and grease generated by kitchens and food preparation operations prior to discharging into the City's sanitary sewer collection system. The SSMP provides alternatives to address the oil and grease generated by FSE's, and defines the City's preferred alternative as an exterior oil and grease trap for each FSE. Moonflower Market, Inc. has existing site conditions and limitations that complicate the installation of an exterior oil and grease trap, so this Sanitary Sewer Management Agreement has been prepared as an alternative for City Council consideration. With the adoption of the SSMP in October 2015, City Staff discussed with the City Council what conditions would require existing FSE's to install exterior oil and grease traps. In general, it was agreed by City Council that any existing FSE applying for a building permit would be required to install an exterior oil and grease trap as a condition of their building permit. Moonflower Market, Inc. has gone through a Site Plan application and approval process, and has applied for a building permit to make modifications and improvements to the existing kitchen and interior building areas. The applicant was informed that an exterior oil and grease trap would need to be installed with the improvements proposed. The applicant met with City Staff to discuss the site conditions and limitations that complicate the installation of an exterior oil and grease trap, and City Staff agreed that the use of an interior oil and grease trap is appropriate for this FSE. In addition, the applicant has prepared an Operations and Management Plan (included with the Agreement as Exhibit A) to implement standard practices in their kitchen that will lower the amount of oil and grease generated. 1 Agenda Page 81 of 135 City Staff has reviewed the applicant's proposal, and has worked closely with the applicant to prepare the Sanitary Sewer Management Agreement for City Council consideration. City Staff believes that the proposed interior oil and grease interceptor will function adequately and protect the City's sewer mains from oil and grease accumulation from this FSE. The Agreement contains provisions for the future installation of an exterior oil and grease trap if the interior unit do not function at an acceptable level. City Staff is available to discuss any specific details about the Agreement or the Operations and Management Plan, and to answer any questions that the City Council may have. Options: 1. Approve the Sanitary Sewer Management Agreement for Moonflower Market, Inc. 2. Direct staff to make changes to the agreement, and approve at a later meeting. 3. Other, as directed to staff. Staff Recommendation: Staff recommends approval of the Sanitary Sewer Management Agreement for Moonflower Market, Inc. Recommended Motion: "I move to approve the Sanitary Sewer Management Agreement for Moonflower Market, Inc." Attachments: Sanitary Sewer Management Agreement, with Exhibit A (Operation and Management Plan) Agenda Page 82 of 135 SANITARY SEWER MANAGEMENT AGREEMENT The City of Moab (City), a Utah municipality, agrees to grant a building peunit (Permit) to Moonflower Market, Inc. aka Moonflower Community Cooperative, a Utah non-profit corporation of Moab, Utah ("Moonflower") for the building located at 39 E. 100 N., Moab, Utah (Property). The terms of this Sanitary Sewer Management Agreement (Agreement) are incorporated into the terms of the Permit. 1. Grease Trap Installation. The discharge of oil and grease from food service establishments into the City sanitary sewer system constitutes a violation of City ordinances. To address this problem, Moonflower will install one (1) interior oil and grease trap at the Property. Moonflower will be solely responsible for the installation, maintenance, repair, and future replacement of all traps. 2. Maintenance Ins ection and Pro er Dis osal. Moonflower will follow all measures outlined in the Operations and Management Plan attached to this Agreement as Exhibit A. Moonflower will keep regular records documenting its maintenance of the oil and grease trap, and proper disposal of all oil and grease. All Moonflower employees shall be instructed in proper oil and grease disposal. Grease trap maintenance records, as well as oil and grease disposal records, shall be made available for inspection by the City upon request. 3. City Monitoring. The City monitors all oil and grease deposition into the City's sanitary sewer system through pipeline video inspections. Moonflower hereby consents to the City's pipeline video inspections of Moonflower's private sanitary sewer service line running north from the City's sewer main under 100 North to the Moonflower Community Cooperative ("Moonflower's Line"). 4. Reimbursement of City Maintenance Costs. Moonflower agrees that it will pay the reasonable costs of cleaning or repair of City sanitary sewer lines that are downstream from the Property if the City demonstrates through pipeline video inspection evidence of Moonflower's Line that Moonflower's oil and grease has affected the proper operation of the sanitary sewer lines. In such an event, the City shall first provide a Notice to Moonflower describing the operational issues with the sanitary sewer lines, which Notice shall include evidence of fault and an estimate of liability for the same. Moonflower shall have thirty (30) days from receipt of said Notice to respond and object to the determination of fault. If Moonflower Market does not object within said 30-day period, the City shall issue an invoice for such costs, which shall be due upon receipt. Sums unpaid under this Agreement will accrue interest at the rate of ten percent (10%) per annum until paid in full. 5. Additional Measures. If the operation of the interior oil and grease trap is shown to be ineffective in preventing Moonflower's oil and grease deposition in the City sanitary sewer lines downstream of the Property, then Moonflower agrees to install an exterior oil and grease trap at its sole expense. The size of the exterior oil and grease 1 Agenda Page 83 of 135 trap shall be determined at that time based on Moonflower's capacity for producing oil and grease. The effectiveness of the interior oil and grease trap shall be measured by comparing pipeline video inspection on Moonflower's Line and the City's sewer main under 100 North immediately downstream of Moonflower's Line prior to the installation of the grease trap with pipeline video monitoring after the installation of the interior oil and grease trap. 6. Time for Exterior Installation. If the City provides pipeline video inspection evidence which demonstrates that Moonflower's oil and grease is impairing proper function of City sanitary sewer lines and Moonflower is directed to install an exterior oil and grease trap, it will be allowed a period of up to six (6) months from the date of written notice from the City in which to install the exterior oil and grease trap and any related improvements. If Moonflower fails to install the exterior oil and grease trap within six (6) months, Moonflower's business license for "Moonflower Community Cooperative" issued by the City will be subject to revocation pursuant to the procedures outlined in Chapter 5.04 of the Moab Municipal Code. 7. Further Review. If the measures in this Agreement do not adequately address the sanitary sewer system impacts caused by Moonflower as established by pipeline video inspection evidence, the Parties shall confer with respect to other or additional measures to be undertaken. This Agreement is subject to all terms of the City of Moab Sanitary Sewer Management Plan (SSMP) adopted in October 2015, and any subsequent revisions or updates approved by the Moab City Council. Nothing in this Agreement shall be deemed to abrogate any remedies available to the City under the SSMP. 8. Notice. Notice under this Agreement shall be issued to the following: City of Moab 217 East Center Street Moab, Utah 84532 Attention: Phillip Bowman, City Engineer Moonflower Community Cooperative 39 E. 100 N. Moab, UT 84532 Attention: General Manager 2 Agenda Page 84 of 135 DATED this day of 2016. Attest: The City of Moab By: By: Rachel Stenta, Recorder Moonflower Community Cooperative By: Eliz oureux, Pr Title: David Sakrison, Mayor ATTEST: Thatcher Vagts, Vice -Preside t Attachment: Exhibit A — Operations and Management Plan -End of Document- 3 Agenda Page 85 of 135 Exhibit A Moonflower Community Cooperative Operations and Management Plan for Oil and Grease Removal Moonflower recognizes the need to eliminate the grease in a commercial kitchen before it gets into the sewer system. In order to accomplish our goal of grease and oil containment, we have developed a comprehensive strategy for training and educating all current and future employees. The policy outlined below will be posted in our commercial kitchen and will become part of our New Employee training manual. All current employees will complete training and will be required to sign policy showing they fully understand what is being asked of them. Oil and Grease Removal Policy: 1. Employees will be trained on proper use and scheduled maintenance ofThermaco Grease Trap (see attached maintenance and care information) 2. A maintenance schedule will be created and posted in the kitchen (see attached maintenance schedule). The kitchen manager will assure proper grease trap maintenance is being completed, store management will confirm all necessary measures are being taken for optimal functioning of Thermaco Grease Trap. 3. All equipment (food processors, utensils, kitchen wares, etc.) containing grease or any type of food debris will always and only be washed in the three compartment sink. a. All soiled washables will be wiped and scraped into solid waste bins before washing. b. Employees will pre -rinse all washable items before completing the wash, rinse and sanitize process. c. All sink strainers and any other debris catches will be emptied into solid waste bins only. d. All cooking equipment (cast iron skillet, frying pan, etc.) that contain a large amount of grease should be wiped with paper towels and disposed of in solid waste cans. If a large amount of oil or grease is present, empty into proper receptacle, allow to cool and dispose of in solid waste bin. 4. Moonflower will work with other businesses in town to utilize metal grease storage tanks operated by Bonneville Livestock. We will currently share use of the storage tank at the Twisted Sisters restaurant. 5. We will stay in touch with Moab City Public Works regarding our control of grease. Agenda Page 86 of 135 Alternative Grease Interceptor Recommendation Provided by: Thennaco, Inc 646 Greensboro Street Asheboro, NC 27203 Project: Moonflosver Caf6 Moab, UT July 29, 2016 Agenda Page 87 of 135 Thermaco a Project Details Business Name: Moodlower Caf6 Location: Moab, Utah Project location is scheduled to have the following fixture schedule connected to grease interceptor with dimensions shown for each compartment: (I) 3 Compartment Sink —16" L x 20" W x 14" D Thermaco products including Big Dipper Automatic Grease Removal Devices generally sized using the ASME A112.14.3 and PDI-G 101 methodology to which these units are tested. Sizing per AMIE A112.14.341DI-G 101 3 Compartment Sink 22 gpm Total 22 gpm In reality, the likelihood of flow rates reaching 22 gpm is very unlikely. They would only be seen Sail three bays will filled up and dropped at the exact same time. (16x20x 4 3 (3 r resents the number of compartments) 4,480, 13,440 13,440 x.75-10,080 Cubic Inches (.75 represents 3/4 of volume since sinks are never 100% full) 10,080/231=44 gallons (There are 231 cubic Inches in one gallon of water) 44/2= 22 GPM 2 minutes Is the average time it takes to empty a sink 10,080 44 Cubic Inches: Total volume of three compartments 22 Cubic Inches: Total volume of water in sinks 3/4 full Galions: Amount of Water emptying From sink. Flow Rate: Peak gallon per minute flow rate if sinks dumped at one time. Additional Considerations In addition to flow rating, likely grease output must be considered. Given the menu for this restaurant, a unit greater than the 22 gpm should be considered. Big Dipper Automatic grease removal devises are a smaller footprint making installations possible in space constrained sites where traditional interceptors are not possible. Big Dipper rAMnlia. ATHERMACO• Technology �D /bo P.O. BOX 2548. 646 GREENSBORO STREET • ASHEBORO, NC 27204-2546 • PHONE (336) 629-4651 • FAX (336) 626-5739 www.ihermaco.corn • info@thermaco.com Agenda Page 88 of 135 Thermaco units use a Digital Control Timer and skimming wheel to isolate trapped grease into a collector for easy disposal. Where traditional interceptors can hold 25% of their volume in grease before losing efficiency. Proposed Alternative Thermaco recommends the use of a Big Dipper Automatic Grease Removal Devise Model W- 250-1S. Please see attached specification sheets, ASME A112.14.3 Test Results and I&O MNL for additional information on this product. If you have any questions, please contact Thermaco at 1-800-633-4204 or info@thermaco.com. ATHEIVMCO✓�IL A THERMAC0•T hnotopy P.O. BOX 2548 • 646 GREENSBORO STREET • ASHEBORO, NC 27204-2546 • PHONE (336) 629-4651 • FAX (336) 626-5739 www.tnermaco.com inio@thermaco.com Agenda Page 89 of 135 D/F*PER® A THERMACO• Technology Big Dipper® IS Point Source Automatic Grease Removal Systems W-250-IS Specifications PRODUCT FEATURES - Fully automatic self cleaning cycle. Actively removes collected grease & oils from tank without any operator assistance. Comes complete with Digital Control and Grease Collector. • Constructed of corrosion resistant materials suitable for installation in virtually any location. Attractive sanitary Stainless Steel exterior, - Integrated Motor/Grease Outlet/Heater/Lid enables a fast, do-it-yourself unit operation reversal. - Compact footprint. • Two (2) No -Hub Connectors provided. SPECIFICATIONS Construction_ Exterior 304 Stainless Steel, Bright Finish Interior: Rotationally Molded Polyethylene Electrical: 115 VAC, 50/60 Hz, 520 Watts (4.5 Amps)* Flow Rating: 25 GPM (1.6 I/s) No. of Skimming Wheels: 1 Skimming Rate: 20 Pounds (9.08 Kg) Per Hour Grease Retention Capacity: 50+ Pounds (22.7+ Kg) Internal Solids Strainer Capacity: _ 1.85 Gallons (7 Liters) Inlet/Outlet: 2" (50 mm) *For Additional Electrical Configurations, see Electrical Variations section on page 2. SIDE VIEW 14.00 in 355.6 mm INLET 14.75 in 374.7 mm 28.75" (730 mm) CLEARANCE FROM BOTTOM OF TANK REQUIRED FOR STRAINER BASKET & LID REMOVAL GC-7 GREASE COLLECTOR 8 QUART (7,6 L) CAPACITY 22.50 in 571.5 mm OUTLET 20,00 in 508.0 mm 10.50 in 266.7 mm 25,50 in 647.7 mm GaMenn• M •1M1 gMiaM •sME Rlllla] I,y Atll I4 a END VIEW MOTOR/DIGITAL CONTROL ENCLOSURE 23.38 in 593.7 mm 14.75 in 374.7 mm 10.50 in 266.7 mm 2" 50 mm) PIPE INLET/OUTLET 8.80 in 223.5 mm } 17.50 in 444.5 mm TOP VIEW Imo► CE-51)sta9: SUS ©2016 Thermaco, Inc. • All rights reserved • Patented/Patents Pending • Specifications subject to change without notice Thermaco, Inc. • PO Box 2548 • Asheboro, NC 27204-2548 • (336) 629-4651 • www.big-dipper.com 1 1 Agenda Page 90 of 135 B/ 1,11itA THERMACO• Techno Big Dipper® IS Point Source Automatic Grease Removal Systems W-250-1S Specifications 4 in INLET GC-7 GREASE COLLECTOR INSTALLATION NOTES 1. READ instruction manual included with system before installing/operating. 2. Install unit allowing for the minimum clearances shown. Make sure there is sufficient space above Internal Strainer access cover to remove the strainer [minimum of 14" (356mm)] 3. Make piping connections with rubber "No Hub" con- nectors. 4. Keep outlet piping as straight as possible. Use only "sweep" connections. 5. Install vent on outlet piping. 6. Fill the tank with water before energizing the power to the motor and heater: 7. Do not install "P' Trap on outlet connection of tank (unit already has internal gas trap). 8. Do not reduce pipe size on outlet piping 9. Do not pressure test unit. Equipment must be installed in compliance with all ap- plicable laws, regulations and codes, including plumbing codes. Installation should be performed by a qualified plumbing contractor. JOB SPECIFICATION Grease and oils separator(s) shall be Thermaco Big Dipper automatic grease/oil recovery system(s) as manufactured by Ther- maco, Inc., Asheboro, North Carolina as noted on plans. AUTOMATIC GREASE REMOVAL DEVICE SPECIFICATIONS Furnish and install Thermaco Big Dipper Model No. W-250-IS, bright finish type 304 stainless steel exterior, rotationally molded polyethylene interior automatic self-cleaning grease and oil recovery separator(s) for floor mounted or partially recessed installation, rated at 25 gallons per minute (1.6 Ifs) peak flow, 50 pounds (22.7 Kg) of grease capacity and including as an integral part of the unit, 1 rotating gear hydrophobic wheel assembly for automatic grease/oil removal, an integral flow control device, self- regulating enclosed electric immersion heater, a vessel vent, an integral gas trap, a digital control for programmable operation, a field reversible motor location, a field reversible grease/oil sump outlet, quick release stainless steel lid clamps, a gasketted and fully removable 304 stainless steel lid, a lift -out strainer basket access, an internal stainless steel strainer basket for collection of coarse solids, and a separate grease and oils collection container. Electric assembly shall be tested to comply with pertinent sections of the Standards for Safety ANSI/UL 73 and/or ANS1/UL 1004. Electric motor equipped with overload protection. Two (2) no -hub connectors for plumbing connection provided. ELECTRICAL VARIATIONS ❑ W-250-IS: 115V 50/60Hz, 520 Watts (4.5 Amps) ❑ W-250-IS-E: 230V 50/60Hz, 520 Watts (2.3 Amps) SUBMITTAL OPTIONS ❑ FS-1 Point Source Flat Strainer ❑ ESU-1 External Strainer (1.16 Gallons of additional solids storage capacity) ❑ AP-6000-1-TK Alarm Probe for excessive grease accumulation ❑ AP-6000-1-TKDC Alarm Probe with dry contact for remote warning light notification ❑ HAG-2 Horizontal Air Gap Assembly with 2" connection ❑ HAG-BA-1 Solids Strainer Baskets for use with HAG-2 Assembly (Specify Quantity ©2016 Thermaco, Inc. • All rights reserved • Patented/Patents Pending • Specifications Thermaco, Inc- • PO Box 2548 • Asheboro, NC 27204-2548 • (336) 629-4651 based on Number of Sinks: _) subject to change without notice • www.big-dipper.com 2 Agenda Page 91 of 135 DIPitER6 A THERMACO• Technology 40004 Series Big Dipper® Internal Strainer (IS) System Maintenance Big Dippers internal Strainer (IS) System Maintenance *CAUTION! DISCONNECT POWER TO UNIT BEFORE CLEANING to prevent damage to the unit and personal injury *NOTE: Before energizing unit after cleaning, fill tank with water to protect wipers and heater from damage Daily Maintenance: (A) Empty the clear plastic grease/oils collection container (located beside the unit) prior to its be- coming full once each day. The Big Dipper recovers grease and oil virtually water -free so that they can be recycled. The collector container should be washed periodically so as to maintain the easy viewing translucent characteristic of the collector. (B) The internal strainer basket should be removed and emptied into a garbage container by shaking briskly. Wash the inside and outside surfaces of the strainer after emptying. Weekly Maintenance: (A) Check the collection trough and the wiper blades for any solids build-up. Wipe off any accumulated deposits and assure that the wiper blades are clipped in place properly. (B) Press the Start button (on the bottom of the user interface) momentarily to ensure that the motor and skimming wheel are still operating correctly. (C) Check the thickness of the grease layer at the top of the unit. There should be no appreciable amount of grease or oil left in the tank immediately after the daily automatic skimming cycle. If there is more than a 1/2" (13 mm) thick layer of grease after the skimming cycle, this indicates a need to increase the skimming time. Increase the digital control settings accordingly until a clean unit ap- pearance is obtained after the automatic skimming cycle. A simple guide is to change to the next higher setting (Light [I] to Moderate [II] or Moderate [II] to Heavy [III]) and run for a period of time until enough grease is being skimmed from the tank. Quarterly Maintenance: (A) The internal strainer basket in the unit is designed to remove incidental solids from kitchen drain flows. Over a period of time, sediment consisting of very fine particles may begin to accumulate on the bottom of the unit. If this build-up is allowed to continue, it may eventually block the outlet baffle. To prevent this from occurring, remove the lid and stir the bottom of the unit with a long handled spatula while water is flowing to flush out the sediment. Occasionally drain and clean the unit thoroughly. Properly used, a wet -vac may be appropriate for this purpose. 02016 Thermaco, Inc. All rights reserved • Patented/Patents Pending • Specifications subject to change without notice Thermaco, lnc. • 646 Greensboro St. • Asheboro, N. C. 27204-2548 • Phone (336) 629-4651 I MNL-ISPS40000 4 Agenda Page 92 of 135 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 271 2016 Agenda Item #: 7-3 Title: Approval of Change Order #2 and Change Order #3 for the 2016 Sanitary Sewer Rehabilitation Project with Lance Excavating, Inc. Fiscal Impact: $2,000.00 for Change Order #2 $28,554.00 for Change Order #3 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Contractor: Lance Excavating, Inc. (LEI) 1 Background/Summary: These Change Orders are required to address additional work needed on the 2016 Sanitary Sewer Rehabilitation Project. Change Order #2 is needed for additional work on Cermak Street, and Change Order #3 is needed for additional quantities of Class A Road Repair on both 400 North and Cermak Street. Change Order #2 Summary During the course of work on Cermak Street, Lance Excavating, Inc. (LEI) discovered a significant difference in the location of existing utilities in the street than what was shown on the design plans. It was intended with this project that approximately 125 linear feet of existing 2" water line would be removed, and replaced with new 8" water line. During construction, it was found that 8" water line had previously been installed at some time with a past project, but the extents of that 8" water line had not been clearly shown on any of the project's as -built plans and were not reflected on the City's water system plans. As a result, LEI spent a significant amount of time locating the exact limits and extents of the existing 8" water line. This was accomplished with potholing equipment, and that is reflected in the cost identified in the change order. In addition, one dry utility (fiber optic cable) was also potholed and found to be at a significantly different depth and location than what was shown on the project plans. Due to these changes, LEI presented Change Order #2 with a cost of $2,000 for the additional time and expense of potholing these utilities. Change Order #3 Summary During the course of work on both 400 North and on Cermak Street, the width of the trenches dug to remove and replace the existing sanitary sewer pipe were Agenda Page 93 of 135 wider than originally estimated. On the 400 North portion of the project the condition of the existing street pavement was also very poor, and was easily broken apart by the construction equipment performing work along the trench. This edge damage was removed prior to patching, and on average the amount of patch repair placed was around 9 to 10 feet wide instead of 8 feet wide as estimated in the original design. On the Cermak Street portion of the project, the actual pavement replacement was in the range of 22' to 24' wide instead of a consistent 20' width as estimated in the original design. In total, there was an additional 4,759 square feet of Type A Road Repair (patching) placed at an additional cost of $28,554 above the original contract bid amount. All costs for the additional work and modifications are itemized on the attached Contract Change Order #2 and Change Order #3 forms and support documentation. The total cost for the combination of these two (2) change orders is $30,554.00, and the total contract amount for the project will now be increased to $508,749.98. The increased total contract amount is budgeted in Fiscal Year 2017 as part of the "Sewer Line Replacements" project in the Sewer Enterprise Fund Capital Projects Budget. There are no budget adjustments required as a result of Change Order #2 or Change Order #3. Options: The Council may approve, approve with conditions, deny, or postpone the items. Staff Recommendation: Staff recommends approval of Change Order #2 and Change Order #3 in two (2) separate motions. Recommended Motions: Motion #1: "I move to approve Change Order #2 for the 2016 Sanitary Sewer Improvements project with Lance Excavating, Inc. in the amount of $2,000." Motion #2: I move to approve Change Order #3 for the 2016 Sanitary Sewer Improvements project with Lance Excavating, Inc. in the amount of $28,554." Attachments: Contract Change Order #2 form and support documentation Contract Change Order #3 form and support documentation Agenda Page 94 of 135 DOCUMENT 009900 CONTRACT CHANGE ORDER Project: City of Moab — 2016 Sanitary Sewer Improvements Project Location: Moab Utah Change Order No.: 2 To: Lance Excavating, Inc. 9/20/2016 You are hereby requested to comply with the following changes from the contract plans and specifications: Item No. Description of Changes, Quantities, Units, Unit Prices, Change in Completion Schedule, etc. Decrease In Contract Price Increase In Contract Price C.O. 2 CERMAK (PER ATTACHED SUMMARY) $2,000.00 Change in contract price due to this Change Order: $0.00 $2,000.00 Total Decrease $0.00 Total Increase $2,000.00 Difference between Cal. 3 & 4 $0.00 $2,000.00 N Net (increase) (decrease) $0.00 $2,000.00 The sum of $ 2,000.00 is hereby added to the total contract price and the total adjusted contract price to date thereby is $ 480,195.98 . The time provided for completion in the contract is unchanged. This Document shall become an amendment to the contract & all provisions of the contract will apply hereto. Requested by: Accepted by: Approved by: Attested by Contractor Date %-P.4 ../41:0 12d7-%.7------ //ZOO /4 Phillip MI/Bowman, City Engineer Date David L. Sakrison, Mayor Date Rachel E. Stenta, City Recorder Date t4 c d a) Q Page 95 of 135 Change Order #2 2106 Sanitary Sewer Rehabilitation Project Cermak - Total Cost = $2,000.00 1. MH 30 to MH 31- $2,000.00 Potholing at 6 additional locations to determine location of existing water line and dry utilities that differed from the locations shown on the design plans, a. Potholing: 10 hrs @ $200/hr = $2,000.00 Contractor Date City Enginee Date c d a1 Q Page 96 of 135 DOCUMENT 009900 CONTRACT CHANGE ORDER Project: City of Moab — 2016 Sanitary Sewer Improvements Project Location: Moab Utah Change Order No.: 3 To: Lance Excavating, Inc. 9/20/2016 You are hereby requested to comply with the following changes from the contract plans and specifications: Item No. Description of Changes, Quantities, Units, Unit Prices, Change in Completion Schedule, etc. Decrease In Contract Price Increase In Contract Price C_O.3 400 N & CERMAK CLASS A ROAD REPAIR (PER ATTACHED SUMMARY) $28,554.00 I Change in contract price due to this Change Order: $0.00 $28,554.00 Total Decrease $0.00 Total Increase $28,554.00 Difference between Col. 3 & 4 $0.00 $28,554.00 N Net (increase) (decrease) $0.00 $28,554.00 The sum of $ 28,554.00 is hereby added to the total contract price and the total adjusted contract price to date thereby is $ 508,749.98 . The time provided for completion in the contract is unchanged. This Document shall become an amendment to the contract & all provisions of the contract will apply hereto, Requested by: Accepted by: Approved by: Attested by Contractor 7' 74f Phillip M. owman, City Engineer Date i• Date 21 • Zoi4 David L. Sakrison, Mayor Date Rachel E. Stenta, City recorder Date c d a) Q Page 97 of 135 Change Order #3 2106 Sanitary Sewer Rehabilitation Project Total Cost = $28,554.00 1. 400 North, Bid Tab Item ##10 -- the bid quantity was estimated based on an average patch width of 8'. The actual patch width installed was between 9' and 10' with additional patch installed around manhole excavations, increasing the quantity paid by approximately 32%. 2. Cermak, Bid Tab Item #!29 — the bid quantity was estimated using a road repair width of 20', but the actual width of paving installed was between 22' and 24'. In addition, the installed patch width was slightly greater than estimated, increasing the quantity paid by approximately 23%. The combination of the two (2) items summarized above increases the quantity of Class A Road Repair paid by 4,759 SF, for a total cost increase of $28,554.00. Contractor Date I City Engineer • 2-1 • Zo/ 6 Date Agenda Page 98 of 135 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 271 2016 Agenda ltem. #: 7-4 Title: Parks Ordinance #2016-02 to Reflect Restrictions on Motorized Vehicles and Slacklining in Public Parks to Amend Chapter 12.20 Fiscal Impact: N/A Staff Presenter(s): Tif Miller, Parks Recreation and Trails Director; Amy Weiser, Community Services Director Department: Parks Applicant: n/a Background/Summary: The current Moab City Code regarding Public Parks does not contain wording in regards to banning motorized vehicles and slacklining in non -designated locations in our Public Parks. Our Park rules do state that these items are not allowed. Without a code that supports this rule, enforcement becomes difficult since there is currently no penalty or punishment that can be assessed. We are proposing Ordinance #2016-02 to incorporate a code revision to Chapter 12.20 of our code which references Public Parks. "Public Parks", as defined in this section means and includes city -owned parks, public squares, ball diamonds, soccer fields, path systems and other recreation areas, but not designated smoking areas specified by the city. In the attachment, to summarize our changes, it states that motorized vehicles, including e-bikes, are not allowed and slacklining that occurs in non -designated areas, specifically anchoring to trees, is not allowed. This proposed clarification as 12.20.60 of the code is intended to eliminate motorized vehicles from driving in our parks or along city trails and pathways, and to make sure that slacklining in Public Parks is only occurring at the designated locations, next to the skate park and next to the BMX along the Mill Creek Parkway. With this revision our officers will be able to enforce the rules with the updated code and penalize those who do not follow them. Agenda Page 99 of 135 Penalties for first time offenders could be up to $500 as per the current code with us proposing repeat offenders being punished with a Class B misdemeanor, as defined by Utah statute. As mentioned, these have been rules in our Public Parks already, but our hope is to be able to enforce them correctly and efficiently with code to back them up. Options: Council can approve, amend, table, or deny the proposed resolution. Staff Recommendation: Staff recommends approving the ordinance to update Chapter 12.20 in regards to Public Parks as proposed. Recommended Motion: I move to approve the ordinance to update Chapter 12.20 in regards to Public Parks. Attachment(s): Ordinance 2016-12 Strikeout Code Revision Section 12.20 Public Parks Agenda Page 100 of 135 Chapter 12.20 PUBLIC PARKS 12.20.005 Definitions. 12.20.010 Designated --Erection of signs. 12.20.020 Permit for extension --Exceptions. 12.20.030 Violation --Penalty. 12.20.040 Consumption or possession of alcoholic beverage prohibited. 12.20.050 Creation of smoke -free outdoor public places. 12.20.060 Restricted Park Uses 12.20.005 Definitions. "Mass gathering" means an outdoor assembly of one hundred or more people on city - owned property that reasonably can be expected to continue for two or more hours. "Motorized vehicle" means any motorized vehicle capable of, or designed for, travel on or immediately over land, water, paved pathways or other natural terrain. This includes motor assisted bicycles (electric, gas or diesel). "Public park" means and includes city -owned parks, public squares, ball diamonds, soccer fields, path systems and other recreation areas, but not designated smoking areas specified by the city. "Slacklining" means the act of walking or balancing along a suspended length of flat webbing fixed above the ground that is tensioned between two anchors. Slacklining is similar to slack rope walking and tightrope walking. "Smoke" or "smoking" means and includes: Possession, carrying, or holding a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling of smoke of a pipe, cigar, or cigarette or any kind, or of any other lighted smoking equipment. (Ord. No. 11-12, 4-12-11) 12.20.010 Designated --Erection of signs. A. Public parks in the city, except as otherwise provided, shall be closed at eleven p.m. daily, and shall remain closed until five a.m. of the next day. B. Appropriate signs shall be erected, giving notice of the closing hours established in this section in each public park. C. When the aforesaid signs have been erected, it shall be unlawful for any person, except a person excepted from the operation of this article to enter or remain in or upon the premises of any park during the hours of closing established in this section. (Ord. 10-81 (part), 1981: prior code § 29-1-1) Agenda Page 101 of 135 12.20.020 Permit for extension --Exceptions. A. The city council finds that justification for exceptions to park closing hours may exist in the case of activities of groups of citizens when valid reasons are established for the extension of such closing hours and responsibility for removal of litter, trash and debris and the performance of conditions can be established. The city parks department is directed to establish rules and procedures for the issuance of permits consistent with the guidelines of this chapter. B. Permits may be issued for the use of any part or all of the park, after the specified closing time and until a time specified in such permit. When any such permit has been issued, the closing time of the park specified in the permit shall be extended to the time specified. Such permit may require performance of conditions including removal of litter, trash and debris, and in such case shall entitle the applicant to be or remain in such park after the extended closing time and until such conditions are performed. C. The provisions of this article shall not apply to employees of the department, police officers, ambulance personnel, firemen, or any city, state or county officers engaged in the performance of their duties. (Ord. 10-81 (part), 1981: prior code § 29-1-2) 12.20.030 Violation --Penalty. Any person violating any provision of this chapter, whether by act of commission or act of omission, shall be guilty of an infraction, and upon conviction thereof, shall be liable to punishment by a fine of not more than five hundred dollars. Repeat offenders are punished with a Class B misdemeanor, as defined by Utah statute (Ord. 86-06 § 14, 1986: Ord. 10-81 (part), 1981: prior code § 29-1-3) 12.20.040 Consumption or possession of alcoholic beverage prohibited. It is unlawful for any person to consume beer or to have in his possession any beer or alcoholic beverage within any public park of the city. (Prior code § 17-48) 12.20.050 Creation of smoke -free outdoor public places. Smoking is hereby prohibited in public parks and within fifty feet of mass gatherings. A. Exceptions: 1. This regulation does not apply to smoking areas for employees. Designated employee smoking areas are subject to the Utah Indoor Clean Air Act 26-38-1-9. 2. No smoking signs shall be clearly posted in every outdoor public place. Agenda Page 102 of 135 3. Signs shall include the international "No Smoking" symbol. (Ord. No. 11-12, 4-12-11) ,12.20.060 Restricted Park Uses. The following uses shall be restricted as follows: 1. Motorized vehicles, as defined in this section, shall be prohibited in all public --- parks. Unless the motorized vehicles are involved in a car show approved by Council. 2. Slacklining, as defined in this section, shall only be permitted in the following designated areas: a. Swanny Park - next to skate park on designated posts only (not to use trees as anchors) b. Mill Creek Parkway next to the BMX park on designated posts only (not to use trees as anchors) Formatted: Font: Bold Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Formatted: List Paragraph, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.5" + Indent at: 1.75" l Formatted: Font: (Default) Times New Roman, 12 pt l Formatted: List Paragraph, Indent: Left: 1.75" Formatted: List Paragraph, Indent: Left: 1.75", No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Agenda Page 103 of 135 CITY OF MOAB ORDINANCE NO.2016-13 AN ORDINANCE AMENDING CITY PROCUREMENT PROCEDURES, ENACTING CERTAIN ETHICS PROVISIONS, AND PROVIDING FOR DISCLOSURE OF TRANSACTIONS IN WHICH CITY EMPLOYEES OR OFFICIALS MAY HAVE A PERSONAL INTEREST. a. The City of Moab maintains a purchasing ordinance to provide for the efficient acquisition of goods, services, and equipment required by the City. b. The City of Moab has determined that there is a need to periodically update and amend its purchasing ordinances for the purpose of assuring that public funds are allocated responsibly. c. Members of the public requested that the City change its ordinances to provide greater transparency with respect to purchasing decisions by City officials. Now therefore, the City of Moab repeals the entirety of MMC § 2.28.010 through 070 and enacts the following: Chapter 2.28 Purchasing Procedures 2.28.010 Definitions. The following definitions apply to this Chapter. A. "City Manager" means the person appointed as City Manager, as defined under MMC Chapter 2.10. B. "Debarment" means a classification under this Chapter by which a person is precluded, in whole or in part, from bidding or being selected for the award of a contract with the City of Moab. C. "Employee" means a person who is not an elected officer of the City of Moab and who performs services for the City on a full or part time basis in exchange for wages. D. "Essential Public Works" mean the City culinary water system, wastewater treatment system, storm -water conveyance system, flood control system, or streets and sidewalks. E. "Interest" means a pecuniary, monetary, or other material benefit which may accrue to a City official or employee as a result of any business, contract, or official act by the City. For purposes of this Chapter, an official or employee of the City shall be deemed to have an interest in the affairs of: 1. a spouse, sibling, child (whether natural or adoptive and regardless of age), parent/grandparent, aunt/uncle, niece/nephew, or first cousin; 2. a household member, which is defined to be an unrelated adult living with the official or employee in the same domicile; 3. a business entity in which the official or employee is a partner, officer, director, member, manager, or employee; or Agenda Page 104 of 135 4. a business entity in which the official or employee holds legal or beneficial ownership in excess of ten percent (10%) of the total stock or total beneficial ownership. F. "Local Vendor" means a person or business entity holding a business license and having its sole place of business: 1) within Grand County, Utah; or 2) within a twenty mile radius of the City of Moab municipal limits. G. "Non -Responsive" means a proposal or bid from a person which does not conform to the published requirements for a procurement as to such terms as: quantity; scope of services; price; quality; time of submittal or performance; or other material requirements established by the Purchasing Agent. H. "Official" means the Mayor, the members of the City Council, and the appointed members of all other City boards and commissions. I. "Prequalification" means a screening process whereby persons who may wish to enter into a contract with the City are evaluated for eligibility pursuant to a set of criteria published by the Purchasing Agent. J. "Procurement" means the process of contracting for construction, goods, services, equipment, or personal property by the City pursuant to established purchasing procedures. K. "Procurement Threshold" as used in Section 090 of this Chapter means the dollar limits on purchasing and the associated purchasing procedures, as set forth in Sections 030, 040, and 050 in this Chapter. L. "Proposal" means a written statement by a person to provide goods, services, or both having a value of no more than fifty thousand dollars which is submitted in response to a City request for proposals. A proposal may contain terms other than price and include details as to: experience; quality; suitability for intended purposes; scheduling or manner of delivery; or other criteria. M. "Purchasing Agent" means the person tasked with administering this Chapter, as specified from time to time. Unless otherwise designated by the City Council, the Purchasing Agent shall be the Recorder. N. "Recorder" means the City Recorder as appointed pursuant to MMC Chapter 2.12 or the Deputy Recorder, who may perform those functions in the Recorder's absence. O. "Sealed Bid" means a written statement by a person to provide goods, services, or both which is submitted confidentially and opened publicly at a time specified by the City in its invitation for bids. A sealed bid responds to the detailed specifications outlined in the City's invitation for bids and is the offer of the person submitting the bid to enter into a contract in accordance with its terms. 2.28.020 Purchasing Agent. The Purchasing Agent shall be responsible for all purchases of equipment, goods, or services required by the City. It is the duty of the Purchasing Agent and Agenda Page 105 of 135 all City employees to engage in purchasing in a manner which is honest, transparent, and which provides the most advantageous terms to the City. All City department heads shall transmit their written purchasing requests to the Purchasing Agent for review and approval. The Purchasing Agent shall be designated by the City Manager. A. The Purchasing Agent shall evaluate all requests for expenditures to determine if: 1) sums requested have been budgeted; 2) procurement processes have been followed; and 3) contract provisions have been performed. 2.28.030 Purchasing Authority- Small Purchases. Upon the request of any department head or upon the Purchasing Agent's own request, the Purchasing Agent has authority to procure goods, services, equipment, or other personal property with a cost of less than ten thousand dollars (Small Purchases) by issuing a purchasing order to the applicable vendor. The Purchasing Agent shall engage in reasonable diligence to assure that Small Purchases are obtained upon the best possible terms, considering price, quality, reliability, availability, and performance of the vendor. 2.28.040 Competitive Proposals for Projects up to $50,000.00. For all procurements having a cost which is likely to exceed ten thousand dollars, but which is not to exceed fifty thousand dollars, the Purchasing Agent shall solicit competitive proposals from at least three vendors. All responsive proposals shall be presented to the City Council, subject to a recommendation by the Purchasing Agent as to the most favorable proposal with respect to price, quality, reliability, availability and performance of the vendor. The City Council, in its discretion, may approve the procurement, request additional information, or reject all proposals. 2.28.050 Unresponsive Bidders for Competitive Proposals. In procurements subject to Section 040, above, if fewer than three proposals are received by the submittal deadline and the department head provides sufficient documentation to the Purchasing Agent that the request for proposals have been sent to: 1) five providers; and 2) all local providers of the property or service to be procured; then the requirement for at least three proposals may be waived by the Purchasing Agent if the proposals received are deemed competitive and fair. 2.28.060 Essential Public Works Projects. For procurements involving Essential Public Works projects and having a cost in excess of ten thousand dollars but not exceeding fifty thousand dollars, the Purchasing Agent and City Manager may waive the competitive proposals requirement, provided that the Purchasing agent obtains written proposals from at least three vendors and the Purchasing Agent determines that the proposals are competitive and fair. 2.28.070 Sealed Bids for Projects in Excess of $50,000.00. For all procurements having a cost which is likely to exceed fifty thousand dollars the Purchasing Agent shall solicit sealed bids from responsible bidders. The Purchasing Agent, in conjunction with the applicable department head, shall develop specifications for the procurement and may pre -qualify vendors who, on the basis of experience, training, financial strength, past performance, or the like, have the capability to perform. Agenda Page 106 of 135 A. Procurements subject to sealed bids shall be published in a manner calculated to provide notice to interested vendors, but which shall at least include publication on the City's website and by newspaper. The Purchasing Agent may re -publish or extend the bidding deadline if the notice has generated insufficient vendor response. B. Bids shall be opened publicly at a date and time which is published. C. The Purchasing Agent may reject non -responsive bids. Bids which contain a mathematical or similar error may be withdrawn by the bidder at any time prior to acceptance by the City Council. D. All responsive bids shall be presented to the City Council, subject to a recommendation by the Purchasing Agent as to the most favorable proposal with respect to adherence to specifications, price, quality, reliability, availability and performance of the vendor. The City Council, in its discretion, may approve the procurement, request additional information, or reject all proposals. 2.28.080 Local Business Preference. Local vendors, as defined by this Chapter, may receive a procurement preference as follows: A. A request for a local business preference along with any necessary documentation establishing that a party is a Local Vendor must be submitted to the Purchasing Agent in writing in conjunction with the delivery of the vendor proposal or bid; B. A responsive proposal or bid from a Local Vendor will be deemed the lowest proposal or bid if the total cost is no more than five percent greater than the lowest responsive proposal or bid from a non -local vendor. C. The Local Vendor preference shall not exceed the sum of twenty five thousand dollars. For example, if a non -local bidder bids $600,000.00 for a procurement and a Local Vendor bids $630,000.00 (within 5% of the non -local bid), the contract will be awarded to the Local Vendor in an amount not to exceed $625,000.00. A Local Vendor who cannot honor the cap on the bid preference may withdraw its bid at any time prior to acceptance. D. The City may reject an award of a contract subject to a Local Vendor preference if the preference would result in a contract exceeding budgeted or legally available amounts. 2.28.090 Repeat Purchases Not to Evade Procurement Thresholds. City employees or officials shall not engage in any practice or actions which have the purpose or effect of evading the procurement rules of this Chapter. A. Where programmatic or repeated procurements, as anticipated in approved budgets, are individually beneath any particular procurement threshold, but likely to exceed a procurement threshold when combined, the Purchasing Agent shall confer with department head as applicable and define an expected scope of procurements for the fiscal year. The fiscal year dollar limit so -defined shall determine which procurement process applies. Agenda Page 107 of 135 2.28.100 Procurement Exceptions. The following procurement exceptions are authorized by this Chapter. A. Emergencies. Where there is an emergency situation involving a threat to public health, welfare, or safety, including but not limited to, essential public works such as the wastewater treatment system, culinary water system, storm -water system, or the like, the Purchasing Agent, in consultation with the City Manager, may waive the procurement rules specified by this Chapter. The Purchasing Agent shall report the emergency procurement exception to the City Council no later than thirty days from the date of the procurement. The Purchasing Agent shall assure that the terms of the procurement are as competitive and favorable as the circumstances will allow. When the emergency has passed all further procurement shall be conducted in conformity with this Chapter. B. State Approved Contracts. Where the State of Utah has established a procurement contract for state agencies which is available to local governments, the City is not required to engage in a different procurement process, and may purchase goods, services, equipment, or the like pursuant to the published price schedules, catalog prices, or specified terms. City departments are encouraged to utilize state procurements where practicable. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of ten thousand dollars, the purchase is subject to City Council review and approval. C. Single Source Procurement. Where there is only a single source available for a particular procurement, the Purchasing Agent may waive proposal or bid requirements, provided that the department head undertakes reasonable efforts to: 1) document that no alternative provider is available; and 2) secure the most advantageous terms for the City. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of ten thousand dollars, the purchase is subject to City Council review and approval. D. Exclusions. The following contracts or transactions are excluded from the Procurement provisions of this Chapter: contracts for the purchase/sale of an interest in real estate; employment contracts; contract change orders or modifications; intergovernmental agreements; grant or similar agreements where the City serves as a funding conduit to a third party; non -employee statutory appointee contracts; utility, franchise, or public right-of-way agreements; and extensions of existing contracts. E. Alternative Procurement Processes. The City Council may authorize other or alternative procurement procedures on a case by case basis upon a showing of good cause. 2.28.110 Certification and Approval of Bills. The Purchasing Agent shall receive all invoices, bills, and other sums claimed to be owing by the City. In consultation with the City Manager and department heads, the Purchasing Agent shall review and certify for payment all properly payable items. The City Council shall review the Purchasing Agent's certification and, if satisfied as to its accuracy, it may approve the invoices and bills, which shall then be deemed payable as an obligation of the City. 2.28.120 Employee and Official Ethics. Agenda Page 108 of 135 A. No Oversight of Related Persons. An employee or official of the City shall not supervise or exercise oversight with respect to any City contract where the employee or official has an Interest, as defined by this Chapter, in the party performing the contract. B. Disclosure as to Related Businesses; Disqualification. Every employee or official of the City who has an Interest, as defined by this Chapter, in any entity or person who maintains a contract, or who anticipates entering into a contract or similar business relationship with the City, shall publicly disclose to the City, in writing and on forms maintained by the City, the nature of that Interest immediately prior to any official action or discussion with respect to that business relationship. The employee or official shall not vote or otherwise participate in any decision or action pertaining to that related person, business, or contract, and the disclosure shall be noted in the minutes of the decision making body. C. Annual Disclosures. Employees and officials shall disclose in writing, at least annually, their Interest in all related businesses doing business with the City. Written disclosures shall be updated promptly when there is any change in the employee or official's Interest in the related business or person. D. No Disclosed Confidential Information Pertaining to City Contracts. No City employee or official, with respect to any contract or transaction which is or may be the subject of an official act of the City shall, without proper legal authorization, disclose confidential information concerning the transaction, any actions of the City, or otherwise use such information to benefit the employee or official, or others. E. Retaliation Prohibited. Employees who act in good faith to report or disclose to the City any misconduct or actions undertaken in violation of this Chapter shall not be subjected to any adverse employment action for doing so. Nothing in this provision shall be deemed to alter any other employment policies or procedures. F. Employees and Officials Prohibited from Securing Special Privileges from Related Parties. No employee or official shall use his or her office or position for the purpose of securing special privileges or pecuniary benefits for the employee or official, or for entities or persons in which that employee has an Interest, as defined by this Chapter. 2.28.130 Remedies. Except as otherwise provided in Sections 180 and 190 (pertaining to contractor debarment), the sole remedies for violations of this Chapter are as follows: A. A contract or transaction which is entered into in violation of this Chapter is voidable, in whole or in part, in the discretion of the City Council. B. An employee who knowingly violates this Chapter may face disciplinary action, subject to applicable personnel policies, up to and including termination. C. An official who knowingly violates this Chapter may be subject to removal from office in the manner otherwise provided by law. Agenda Page 109 of 135 2.28.140 Construction Bonding. General contractors and others providing construction services pursuant to a contract with the City shall deliver a bond from a surety authorized to do business in the State of Utah or other approved form as provided in this Chapter. A. A bid security bond in an amount equal to five percent of the amount of the bid is required for all construction projects in which the bid amount exceeds fifty thousand dollars. B. Payment and performance bonds in an amount equal to one hundred percent of the contract price are required for all construction contracts, unless alternative security is authorized pursuant to this Chapter. C. The City Manager and Purchasing Agent may waive or alter the bonding requirements on contracts with a total contract price of not more than five hundred thousand dollars where: 1) it is determined that bonding in the required amount cannot be reasonably obtained; and 2) alternative means of security which provide an adequate substitute for payment and performance bonds are sufficient. This staff -level waiver shall be made in writing, with notice to the City Council. D. Where the City elects to waive or alter bonding requirements, the construction contract shall contain one or more alternative security mechanisms to secure performance by the contractor and/or payment to subcontractors, laborers, and material suppliers. Alternative security mechanisms may include: 1) an irrevocable letter of credit payable to the City; 2) a first position deed of trust on real property; 3) a cash deposit to be held by the City; or 4) other collateral, contract, or security instruments as approved by the City Attorney. E. In every contract where there is a modification of bonding requirements, the City is authorized to: 1) issue payment in the form of joint payee checks payable to the general contractor and subcontractors, laborers, or material suppliers; 2) require that subcontractors, laborers, and material suppliers execute payment waivers extinguishing claims against the City, in a form acceptable to the City Attorney, concurrent with progress payments and at final completion; and/or 3) alter retainage disbursements. 2.28.150. Recorder to Maintain Contract Records. The Recorder shall keep records documenting all contracts entered into by the City and documenting all expenditures under those contracts. 2.28.160 Surplus Personal Property. The Recorder may dispose of surplus personal property of the City at a publicly noticed and advertised sale. All such sales shall be undertaken in a commercially reasonable manner, after notice to the City Council, and in conformity with the Surplus Property Policy, as established by the City from time to time. 2.28.170 Sales Tax Exemption. In all contracts awarded under this Chapter the contractor shall provide to the City proof that all goods, services, materials, equipment, or fixtures which are purchased under the contract are subject to the sales tax exemption possessed by the City as a governmental entity. No contract awarded under this Chapter shall include any purported mark up or other charge for sales tax. Agenda Page 110 of 135 2.28.180 Debarment Procedures. No person who has been debarred by the City shall be eligible to bid or enter into any contracts with the City during the period of debarment. A. Grounds for Debarment. Causes for debarment include: 1. conviction under state or federal law of the offense of embezzlement, theft, forgery, bribery, or any similar offense indicating dishonesty; 2. failure without good cause to perform any contract with the City of Moab, including any warranty provisions; 3. failure to perform any bid or proposal made to the City of Moab; 4. engaging in any acts which are a violation of this Chapter; 5. unlawful acts (including, but not limited to, lack of proper licensure), dishonesty, or incompetence in the performance of any contract with the City of Moab; or 6. any other cause which the City determines to be so serious or compelling as to affect the responsibility of the contractor, including debarment or criminal proceedings involving another governmental entity. B. Notice. Before entering any debarment decision, the Purchasing Agent shall deliver written notice to the person who may be subject to debarment. The notice shall be delivered to the last known address of the person by in -person delivery, courier, certified mail, or first class mail. The notice shall disclose the facts or events giving rise to a debarment determination in reasonable detail, and shall advise the recipient that he/she may request a hearing by delivering written notice to the City no later than thirty (30) days from the date of the debarment notice. C. Hearing Procedures. A debarment hearing shall be conducted informally before the City Manager. The rules of evidence shall not apply to the hearing, but both parties shall be permitted to offer testimony, exhibits, or other information in support of their positions. An audio or video recording of the hearing shall kept. The City shall maintain the record of the hearing, together with copies of all documents and evidence submitted by the parties or otherwise relied upon in reaching the decision. D. Decision. The City Manager may: 1) reject debarment; 2) order debarment for a period of time of not less than thirty (30) days, nor more than three (3) years; or 3) issue a partial debarment order limiting, for example, the types of work, total dollar amount of work, or other conditions under which a person shall be authorized to enter into contracts with the City. All decisions shall be issued promptly following the conclusion of the hearing and be in writing. The decision shall state in reasonable detail the reasons for the decision. 2.28.190 Debarment Appeals. Any person who is debarred pursuant to this Chapter may appeal that decision by filing an action in the Seventh Judicial District Court no later than thirty (30) days from the date of the decision which is subject to appeal. The City shall promptly Agenda Page 111 of 135 transmit the record of the proceedings to the court. Review by the district court shall be based on the record before the City Manager. A. Standard of Review. No person shall appeal to the district court a decision by the City unless that person has exhausted his/her administrative remedies. District court review shall be limited to those matters which were actually contested before the City. The court shall: 1) presume that the decision is valid; and 2) determine only whether or not the decision is arbitrary, capricious, or illegal. This ordinance shall take effect immediately upon passage. Mayor David Sakrison Date Attest: Rachel Stenta, Recorder Date Agenda Page 112 of 135 CITY OF MOAB ORDINANCE NO.2016-13 AN ORDINANCE AMENDING CITY PROCUREMENT PROCEDURES, ENACTING CERTAIN ETHICS PROVISIONS, AND PROVIDING FOR DISCLOSURE OF TRANSACTIONS IN WHICH CITY EMPLOYEES OR OFFICIALS MAY HAVE A PERSONAL INTEREST. a. The City of Moab maintains a purchasing ordinance to provide for the efficient acquisition of goods, services, and equipment required by the City. b. The City of Moab has determined that there is a need to periodically update and amend its purchasing ordinances for the purpose of assuring that public funds are allocated responsibly. c. Members of the public requested that the City change its ordinances to provide greater transparency with respect to purchasing decisions by City officials. Now therefore, the City of Moab repeals the entirety of MMC § 2.28.010 through 070 and enacts the following: Chapter 2.28 Purchasing Procedures 2.28.010 Definitions. The following definitions apply to this Chapter. A. "City Manager" means the person appointed as City Manager, as defined under MMC Chapter 2.10. B. "Debarment' means a classification under this Chapter by which a person is precluded, in whole or in part, from bidding or being selected for the award of a contract with the City of Moab. C. "Employee" means a person who is not an elected officer of the City of Moab and who performs services for the City on a full or part time basis in exchange for wages. D. "Essential Public Works" mean the City culinary water system, wastewater treatment system, storm -water conveyance system, flood control system, or streets and sidewalks. E. "Interest' means a pecuniary, monetary, or other material benefit which may accrueing to a City official or employee as a result of any business, contract, or official act by the City. For purposes of this Chapter, an official or employee of the City shall be deemed to have an interest in the affairs of: 1. a spouse, sibling, child (whether natural or adoptive and regardless of age), er-parent//grandparent,; aunt/uncle, niece/nephew, or first cousin. 2. a household member, which is defined to be an unrelated adult living with the official or employee in the same domicile; ( Formatted: Centered, Indent: First line: 0" Agenda Page 113 of 135 3. a business entity in which the official or employee is a partner, officer, director, member, manager, or employee; or 4. a business entity in which the official or employee holds legal or beneficial ownership in excess of ten percent (10%) of the total stock or total beneficial ownership. F. "Local Vendor" means a person or business entity holding a business license and having its sole place of business: 1) within Grand County, Utah; or 2) within a twenty mile radius of the City of Moab municipal limits. G. "Non -Responsive" means a proposal or bid from a venderperson which does not conform to the published requirements for a procurement as to such terms as; quantity;; scope of services;; price;.; quality;; time of submittal or performance;.; or other material requirements established by the Purchasing Agent. H. "Official" means the Mayor, the members of the City Council, and the appointed members of all other City boards and commissions. I. "Prequalification" means a screening process wherebJersons who may wish to enter into a contract with the City are evaluated for eligibility pursuant to a set of criteria published by the Purchasing Agent. "Procurement" means the pr css f c ntracting f r c nstruction, g s, services, equipment, r pers nal property y the City pursuant t established purchasing procedures. J. "Procurement" means the process of contracting for construction, goods, services, equipment, or personal property by the City pursuant to established purchasing procedures. "Pre ualificati n" means a screening r css where y pers ns wh may wish t enter int . c ntr ct with the City arc cv lu tc f r cligi ility ursu nt t sct f critcri u li he y the Purchasing Agent. 3K. "Procurement Threshold" as used in Section 090 of this Chapter means the dollar limits on purchasing and the associated purchasing procedures, as set forth in Sections 030, 040, and 050 in this Chapter. "Purchasing Agent" means the person tasked with administering this Chapter, as specified from time to time. Unless otherwise des" agn ted by the City Council, the Purchasing Agent shall be the Recorder. by the City Manager. KL. "Proposal" means a written statement by a person to provide goods, services, or both having a value of no more than fifty thousand dollars which is submitted in response to a City request for proposals. A proposal may contain terms other than price and include details as to: experience; quality; suitability for intended purposes; scheduling or manner of delivery; or other criteria. "Rcc r cr" means the City Rcc r cr as a intc ursu nt t MMC Ch to 2.12 r the c uty Rcc r cr, wh m y perf rm th sc functi ns in the Rcc r cr's a scncc. M. "Purchasing Agent" means the person tasked with administering this Chapter, as specified from time to time. Unless otherwise designated by the City Council, the Purchasing Agent shall be the Recorder. " Agenda Page 114 of 135 g s, services, r b th which is submitted c nfidentially and ened ublicly at a time specific y the City in its invitati n f r bids. A s • led bid res n s t the etaile specific ti ns utlinc in the City's invitati n f r i s and is the ffer f the crs n submitting the i t enter int a contract in accordance with its terms. N. "Recorder" means the City Recorder as appointed pursuant to MMC Chapter 2.12 or the Deputy Recorder, who may perform those functions in the Recorder's absence. "Procurement Thresh ld" as used in Secti n 090 f this Cha ter means the d liar limits n urchasing and the ass iated urchasing rocedures, as set forth in Secti ns 030, 040, and 050 in this Chapter. O. "Sealed Bid" means a written statement by a person to provide goods, services, or both which is submitted confidentially and opened publicly at a time specified by the City in its invitation for bids. A sealed bid responds to the detailed specifications outlined in the City's invitation for bids and is the offer of the person submitting the bid to enter into a contract in accordance with its terns. "Pr sal" means a written statement by a crs n t pr vide g ds, services, r both having a value f n m rc than fifty th usand d liars which is submitted in response t a City rc ucst f r r sals. A r sal may c ntain terms thcr than rice and include details as t : cx cricnce; uality; suitability f r intended urp scs; scheduling r manner of delivery; or other criteria. 2.28.020 Purchasing Agent. The Purchasing Agent shall be responsible for all purchases of equipment, goods, or services required by the City. It is the duty of the Purchasing Agent and all City employees to engage in purchasing in a manner which is honest, transparent, and which provides the most advantageous terms to the City. All City department heads shall transmit their written purchasing requests to the Purchasing Agent for review and approval. The Purchasing Agent shall be designated by the City Manager. A. The Purchasing Agent shall evaluate all requests for expenditures to determine if: 1) sums requested have been budgeted; 2) procurement processes have been followed; and 3) contract provisions have been performed. 2.28.030 Purchasing Authority- Small Purchases. Upon the request of any depth went head or upon the Purchasing Agent's own request, the Purchasing Agent has authority to procure goods, services, equipment, or other personal property with a cost of less than ten thousand dollars (Small Purchases) by issuing a purchasing order to the applicable vendor. The Purchasing Agent shall engage in reasonable diligence to assure that Small Purchases are obtained upon the best possible terms, considering price, quality, reliability, availability, and performance of the vendor. 2.28.040 Competitive Proposals for Projects up to $50,000.00. For all procurements having a cost which is likely to exceed ten thousand dollars, but which is not to exceed fifty thousand dollars, the Purchasing Agent shall solicit competitive proposals from at least three vendors. All responsive proposals shall be presented to the City Council, subject to a Formatted: Indent: First line: 0.5" Agenda Page 115 of 135 recommendation by the Purchasing Agent as to the most favorable proposal with respect to price, quality, reliability, availability and performance of the vendor. The City Council, in its discretion, may approve the procurement, request additional information, or reject all proposals. 2.28.050 Unresponsive Bidders for Competitive Proposals. In procurements subject to Section 040, above, if fewer than three proposals are received by the submittal deadline and the department head provides sufficient documentation to the Purchasing Agent that the request for proposals have been sent to: 1) five providers; °rand 2) all local providers of the property or service to be procured; then the requirement for at least three proposals may be waived by the Purchasing Agent if the proposals received are deemed competitive and fair. 2.28.060 Essential Public Works Projects. For Pprocurements involving Essential Public Works projects and having a cost in excess of ten thousand dollars but not exceeding fifty thousand dollars, the Purchasing Agent and City Manager may waive the competitive proposals requirement, provided that the Purchasing agent obtains written proposals from at least three vendors and the Purchasing Agent determines that the proposals are competitive and fair. 2.28.070 Vie -Sealed Bids for Projects in Excess of $50,000.00. For all procurements having a cost which is likely to exceed fifty thousand dollars the Purchasing Agent shall solicit competitive sealed bids from responsible bidders. The Purchasing Agent, in conjunction with the applicable department head, shall develop specifications for the procurement and may pre -qualify vendors who, on the basis of experience, training, financial strength, °r-past performance, or the like, have the capability to perform. A. Procurements subject to competitive sealed bids shall be published in a manner calculated to provide notice to interested vendors, but which shall at least include publication on the City's website and by newspaper. The Purchasing Agent may re -publish or extend the bidding deadline if the notice has generated insufficient vendor response. B. Bids shall be opened publicly at a date and time which is published. C. The Purchasing Agent may reject non -responsive bids. Bids which contain a mathematical or similar error may be withdrawn by the bidder at any time prior to acceptance by the City Council. D. All responsive bids shall be presented to the City Council, subject to a recommendation by the Purchasing Agent as to the most favorable proposal with respect to adherence to specifications, price, quality, reliability, availability and performance of the vendor. The City Council, in its discretion, may approve the procurement, request additional information, or reject all proposals. 2.28.080 Local Business Preference. Local vendors, as defined by this Chapter, may receive a procurement preference as follows: A. A request for a local business preference along with any necessary documentation establishing that a party is a Local Vendor must be submitted to the Purchasing Agent in writing in conjunction with the delivery of the vendor proposal or bid; Agenda Page 116 of 135 B. A responsive proposal or bid from a Local Vendor will be deemed the lowest proposal or bid if the total cost is no more than five percent greater than the lowest responsive proposal or bid from a non -local vendor. C. The Local Vendor preference shall not exceed the sum of twenty five thousand dollars. For example, if a non -local bidder bids $600,000.00 for a procurement and a Local Vendor bids $630,000.00 (within 5% of the non -local bid), the contract will be awarded to the Local Vendor in an amount not to exceed $625,000.00. A Local Vendor who cannot honor the cap on the bid preference may withdraw its bid at any time prior to acceptance. D. The City may reject an award of a contract subject to a Local Vendor preference if the preference would result in a contract exceeding budgeted or legally available amounts. 2.28.090 Repeat Purchases Not to Evade Procurement Thresholds. City employees or officials shall not engage in any practice or actions which have the purpose or effect of evading the procurement rules of this Chapter. A. Where programmatic or repeated procurements, as anticipated in approved budgets, are individually beneath any particular procurement threshold, but likely to exceed a procurement threshold when combined, the Purchasing Agent shall confer with department head as applicable and define an expected scope of procurements for the fiscal year. The fiscal year dollar limit so -defined shall determine which procurement process applies. 2.28.100 Procurement Exceptions. The following procurement exceptions are authorized by this Chapter. A. Emergencies. Where there is an emergency situation involving a threat to public health, welfare, or safety, including but not limited to, essential public works such as the wastewater treatment system, culinary water system, storm -water system, or the like, the Purchasing Agent, in consultation with the City Manager, may waive the procurement rules specified by this Chapter. The Purchasing Agent shall report the emergency procurement exception to the City Council no later than thirty days from the date of the procurement. The Purchasing Agent shall assure that the terms of the procurement are as competitive and favorable as the circumstances will allow. When the emergency has passed all further procurement shall be conducted in conformity with this Chapter. B. State Approved Contracts. Where the State of Utah has established a procurement contract for state agencies which is available to local governments, the City is not required to engage in a different procurement process, and may purchase goods, services, equipment, or the like pursuant to the published price schedules, catalog prices, or specified terns. City departments are encouraged to utilize state procurements where practicable. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of ten thousand dollars, the purchase is subject to City Council review and approval. C. Single Source Procurement. Where there is only a single source available for a particular procurement, the Purchasing Agent may waive proposal or bid requirements, provided that the department head undertakes reasonable efforts to: 1) document that no alternative Agenda Page 117 of 135 i provider is available; and 2i) secure the most advantageous terms for the City. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of ten thousand dollars, the purchase is subject to City Council review and approval. D. Exclusions. The following contracts or transactions are excluded from the Procurement provisions of this Chapter: contracts for the purchase/sale of an interest in real estate; employment contracts; contract change orders or modifications; intergovernmental agreements; grant or similar agreements where the City serves as a funding conduit to a third party; non -employee statutory appointee contracts; utility, franchise, or public right-of-way agreements; and extensions of existing contracts. E. Alternative Procurement Processes. The City Council may authorize other or alternative procurement procedures on a case by case basis upon a showing of good cause. 2.28.110 Certification and Approval of Bills. The Purchasing Agent shall receive all invoices, bills, and other sums claimed to be owing by the City. In consultation with the City Manager and department heads, the Purchasing Agent shall review and certify for payment all properly payable items. The City Council shall review the Purchasing Agent's certification and, if satisfied as to its accuracy, it may approve the invoices and bills, which shall then be deemed payable as an obligation of the City. 2.28.120 Employee and Official Ethics. A. No Oversight of Related Persons. An employee or official of the City shall not supervise or exercise oversight with respect to any City contract where the employee or official has an Interest, as defined by this Chapter, in the party performing the contract. B. Disclosure as to Related Businesses; Disqualification. Every employee or official of the City who has an Interest, as defined by this Chapter, in any entity or person who maintains a contract, or who anticipates entering into a contract or similar business relationship with the City, shall publicly disclose to the City, in writing and on forms maintained by the City, the nature of that Interest immediately prior to any official action or discussion with respect to that business relationship. The employee or official shall not vote or otherwise participate in any decision or action pertaining to that related person, business, or contract, and the disclosure shall be noted in the minutes of the decision making body. C. Annual Disclosures. Employees and officials shall disclose in writing, at least annually, their Interest in all related businesses doing business with the City. Written disclosures shall be updated promptly when there is any change in the employee or official's Interest in the related business or person. D. No Disclosed Confidential Information Pertaining to City Contracts. No City employee or official, with respect to any contract or transaction which is or may be the subject of an official act of the City shall, without proper legal authorization, disclose confidential information concerning the transaction, any actions of the City, or otherwise use such information to benefit the employee or official, or others. Agenda Page 118 of 135 i E. Retaliation Prohibited. Employees who act in good faith to report or disclose to the City any misconduct or actions undertaken in violation of this Chapter shall not be subjected to any adverse employment action for doing so. Nothing in this provision shall be deemed to alter any other employment policies or procedures. F. Employees and Officials Prohibited from Securing Special Privileges from Related Parties. No employee or official shall use his or her office or position for the purpose of securing special privileges or pecuniary benefits for the employee or official, or for entities or persons in which that employee has an Interest, as defined by this Chapter. 2.28.130 Remedies. Except as otherwise provided in Sections 180 and 190 (pertaining to contractor debarment), the sole remedies for violations of this Chapter are as follows: A. A contract or transaction which is entered into in violation of this Chapter is voidable, in whole or in part, in the discretion of the City Council. B. An employee who knowingly violates this Chapter may face disciplinary action, subject to applicable personnel policies, up to and including termination. C. An official who knowingly violates this Chapter may be subject to removal from office in the manner otherwise provided by law. 2.28.140 Construction Bonding. General contractors and others providing construction services pursuant to a contract with the City shall deliver a bond from a surety authorized to do business in the State of Utah or other approved form as provided in this Chapter. A. A bid security bond in an amount equal to five percent of the amount of the bid is required for all construction projects in which the bid amount exceeds fifty thousand dollars. B. Payment and performance bonds in an amount equal to one hundred percent of the contract price are required for all construction contracts, unless alternative security is authorized pursuant to this Chapter. C. The City Manager and Purchasing Agent may waive or alter the bonding requirements on contracts with a total contract price of not more than five hundred thousand dollars where: 1) it is determined that bonding in the required amount cannot be reasonably obtained; and 2) alternative means of security which provide an adequate substitute for payment and performance bonds are sufficient. This staff -level waiver shall be made in writing, with notice to the City Council. D. Where the City elects to waive or alter bonding requirements, the construction contract shall contain one or more alternative security mechanisms to secure performance by the contractor and/or payment to subcontractors, laborers, and material suppliers. Alternative security mechanisms may include: 1) an irrevocable letter of credit payable to the City; 2) a first position deed of trust on real property; 3) a cash deposit to be held by the City; or 4) other collateral, contract, or security instruments as approved by the City Attorney. Agenda Page 119 of 135 1E. In every contract where there is a modification of bonding requirements, the City is authorized to: il) issue payment in the form of joint payee checks payable to the general contractor and subcontractors, laborers, or material suppliers; i-i2) require that subcontractors, laborers, and material suppliers execute payment waivers extinguishing claims against the City, in a form acceptable to the City Attorney, concurrent with progress payments and at final completion; and/or iii3) alter retainage disbursements. 2.28.150. Recorder to Maintain Contract Records. The Recorder shall keep records documenting all contracts entered into by the City and documenting all expenditures under those contracts. 2.28.160 Surplus Personal Property. The Recorder may dispose of surplus personal property of the City at a publicly noticed and advertised sale. All such sales shall be undertaken in a commercially reasonable manner, after notice to the City Council, and in conformity with the Surplus Property Policy, as established by the City from time to time. 2.28.170 Sales Tax Exemption. In all contracts awarded under this Chapter the contractor shall provide to the City proof that all goods, services, materials, equipment, or fixtures which are purchased under the contract are subject to the sales tax exemption possessed by the City, as a governmental entity. No contract awarded under this Chapter shall include any purported mark up or other charge for sales tax. 2.28.180 Debarment Procedures. No person who has been debarred by the City shall be eligible to bid or enter into any contracts with the City during the period of debarment. A. Grounds for Debarment. Causes for debarment include: 1. conviction under state or federal law of the offense of embezzlement, theft, forgery, bribery, or any similar offense indicating dishonesty; 2. failure without good cause to perform any contract with the City of Moab, including any warranty provisions; 3. failure to perform any bid or proposal made to the City of Moab; 4. engaging in any acts which are a violation of this Chapter; 5. unlawful acts (including, but not limited to, lack of proper licensure), dishonesty, or incompetence in the performance of any contract with the City of Moab; or 6. any other cause which the City determines to be so serious or compelling as to affect the responsibility of the contractor, including debarment or criminal proceedings involving another governmental entity. B. Notice. Before entering any debarment decision, the Purchasing Agent shall deliver written notice to the person who may be subject to debarment. The notice shall be delivered to the last known address of the person by in -person delivery, courier, certified mail, or first class mail. The notice shall disclose the facts or events giving rise to a debarment determination in reasonable detail, and shall advise the recipient that he/she may request a Agenda Page 120 of 135 hearing by delivering written notice to the City no later than thirty (30) days from the date of the debarment notice. C. Hearing Procedures. A debarment hearing shall be conducted informally before the City Manager. The rules of evidence shall not apply to the hearing, but both parties shall be permitted to offer testimony, exhibits, or other information in support of their positions. An audio or video recording of the hearing shall kept. The City shall maintain the record of the hearing, together with copies of all documents and evidence submitted by the parties or otherwise relied upon in reaching the decision. D. Decision. The City Manager may: il) reject debarment; 42) order debarment for a period of time of not less than thirty (30) days, nor more than three (3) years; or iii3) issue a partial debarment order limiting, for example, the types of work, er-total dollar amount of work, or other conditions under which a person shall be authorized to enter into contracts with the City. All decisions shall be issued promptly following the conclusion of the hearing and be in writing. The decision shall state in reasonable detail the reasons for the decision. 2.28.190 Debarment Appeals. Any person who is debarred pursuant to this Chapter may appeal that decision by filing an action in the Seventh Judicial District Court no later than thirty (30) days from the date of the decision which is subject to appeal. The City shall promptly transmit the record of the proceedings to the court. Review by the district court shall be based on the record before the City Manager. A. Standard of Review. No person shall appeal to the district court a decision by the City unless that person has exhausted his/her administrative remedies. District court review shall be limited to those matters which were actually contested before the City. The court shall: il) presume that the decision is valid; and ii2) determine only whether or not the decision is arbitrary, capricious, or illegal. This ordinance shall take effect immediately upon passage. Mayor David Sakrison Attest: Date Rachel Stenta, Recorder Date Agenda Page 121 of 135 / MOAB CITY COUNCIL MEETING September 27, 2016 I Agenda Item #: / CITY r � MOAB PL-16-139 Title: Adoption of Council Resolution #24-2016 to Accept the Street, Waterline, Sanitary Sewer System Improvements and Releasing the Warranty Assurance Funds for Said Public Improvements in Deer Trail Subdivision I. Fiscal Impact: N/A Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Scott McFarland Summary: Resolution #24-2016, accepts the public improvements associated with Deer Trail Subdivision, a six unit townhome development on West 400 North Street (Please refer to the attached plat). City release of the one year warranty amount for the required public improvements would naturally follow acceptance of those improvements by Council. All required improvements have been determined by staff to be constructed in compliance with the approved plans and applicable city standards. Also, Staff has verification from the contractors in the form of lien waivers that they were paid for their work. In summary, this document: 1. Specifies those built improvements that are dedicated to the city for the development, 2. Certifies that the improvements have been completed to the city's satisfaction, 3. Certifies that all charges for labor, materials, and/or services have been paid in full, 4. Certifies that no liens have been attached against the property or the improvements, Staff Recommendation: Staff recommends approval of Resolution #24-2016. The warranty fund amount can be refunded upon acceptance of the public improvements by the Council because the improvements have been inspected and approved by city staff. Recommended Motion: I move to adopt Resolution #24-2016 accepting the public improvements for Deer Trail Subdivision and refunding the one year warranty amount. Agenda Page 122 of 135 Attachment(s): o Resolution #24-2016 o Final Plat o Release request letter and form Agenda Page 123 of 135 RESOLUTION #24-2016 A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN ASSOCIATION WITH THE SUBDIVISION KNOWN AS "DEER TRAIL SUBDIVISION" AND AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTEE ASSOCIATED WITH SAID IMPROVEMENTS WHEREAS, the City of Moab (the "City") and Scott McFarland ("Owner") of 775 Hillside Drive, Moab, Utah, entered into a Subdivision Improvements Agreement dated November 5, 2014, (the "Agreement") covering the public improvements associated with the above named subdivision; and WHEREAS, the Owner provided a Performance Guarantee in the form of a collateral pledge and one year warranty, executed by a cash amount, in order to secure performance of the improvements provided in the Agreement; and WHEREAS, the Owner has constructed all public improvements pursuant to the Agreement; and WHEREAS, City Staff inspected the public improvements in June 2015 and found that they are fully acceptable in their design, workmanship, and construction quality; and WHEREAS, City Staff inspected the public improvements in August 2016 and found that the improvements are fully acceptable in their condition, design, workmanship, and construction quality; and WHEREAS, City Staff certified that all charges for labor, materials, and/or services have been paid in full, and no liens have been attached against the property or the improvements; and WHEREAS, the Owners warranted the improvements for a period of one year from the date of completion of the public improvements with a cash amount; and WHEREAS, upon acceptance of the improvements by City Council, the warranty amount can be returned to the applicant; and WHEREAS, pursuant to Council Resolution #24-2016, the Owners are entitled to a full release of the unused portion of the Performance Guarantee. NOW, THEREFORE, we the governing body of the City of Moab do hereby resolve to accept the public improvements covered by the Subdivision Improvements Agreement dated November 5, 2014, specifically: street improvements, water system improvements, sanitary sewer improvements, and storm drainage improvements located within the subdivision, and hereby authorize the City Treasurer to execute a full release of the current warranty amount for the required improvements. Passed and adopted by action of the Governing Body of the City of Moab, Utah in open session this 27th day of September, 2016. ATTEST: SIGNED: Agenda Page 124 of 135 aL -0ZW LOZ Q1-4in (LI C oco N t- COO W-J cu � c� H g f L.,c.ux a � tpoo��F-N Et7 >,.cca w 0 »> -o a 4.) nt =Q v r� Gj •,-t Q tY 0 Agenda FOUND 3" BRASS CAP IN RANGE BOX SOUTH 1/4 CORNER SECTION 35 T25S R21E �V FOUND 5/8" REBAR WITH RED 3/4" PLASTIC CAP ILLEGIBLE as • o _N N o ►� o N o P SD O O zz 23 FOUND 5/8" REBAR POINT OF BEGINNING FINAL PLAT DEER TRAIL TOWNHOME SUBDIVISION LOCATED WITHIN THE SW1/4 SE1/4 OF SECTION 35, T25S, R21E, SLBM, MOAB CITY, GRAND COUNTY, UTAH (R)N89'54'00"E 179.60' (M)N89'54'40"E 179.63' z Ow 25 00' w 10.W 101 DRAINAGE & 36.08' O r LOT 1 3974sf 6.5' O 36.15' o Boo \ 'n ►ri 4 N N � 3 o� p N o0 zz r. O 0 0 25.19' 25' DRAINAGE tfp rn rn O LOT 2 2770sf 0 N to O io z 6' UTILITY 25.19 & UTILITY rn O LOT 3 2770sf -0 N in O O z EASEMENT 25.19' EASEMENT 25.19' DEDICATED 00 w of O LOT 4 2770sf DEDICATED LOT 5 2770sf FOUND 5/8" REBAR WITH RED 3/4" PLASTIC CAP ILLEGIBLE • HEREON d' oo oi O HEREON 25.19' 25.19' 25.19' • • S89' 49' 14"W 156.28' 15' STREET GRANTED TO CITY OF MOAB VIA WARRANTY DEED 25.19' 42.79' LOT 6 4556sf a- 89'36' 32" L= 35.97' R=23.00' CH=S45'00'58"W 32.41' 19.37' ►41 rn cci 00 ^o N N • 00 M BASIS OF BEARING N89'54'00"E PROJECT LOCATION 400 NORTH STREET a W § in . w w > . 35 McGill.9, 7,9 r r 36 PARK 200 NORT'•i z GRAND OASIS a a t w t- WALNUT 100 NORM co I BARTLET CENTS WILLIAMS WAY VICINITY MAP SCALE 1" = 1000' PUBLIC WOW DIRECTOR APPROVED THIS _ 3 v. d DAY OF Nato eM4 6YL. 2014. BY (M)S89'49'14"W 179.05' (R)S89'54'00"W 179.60' FOUND 5/8" REBAR 400 NORTH STREET S89'54'00"W 2642.32' ACREAGE CHART z LOTS 0.450 AC. STREET ROW 0.066 AC. 87,T 13R TOTAL .516 AC 100X LEGEND i� FOUND SECON MONUMENT AS NOTED • SET 5/8" REBAR WITH ALUM CAP MARKED 190107-2201 p FOUND SURVEY MONUMENT AS NOTED 3w �o N cO O O (i)m O M LsJ 0 Q a. A `y 'e4 w 0 Q Ix if_ c A N— Z Y o cn O m g o W � • z Ix o 0 CC 0 r7 S89'54'00"W 1675.60' TO DESCRIPTION TIE i 20 p 10 20 40 ( IN FEET ) 1 inch = 20 ft. FOUND 2" BRASS CAP IN RANGE BOX SOUTH EAST CORNER SECTION 35 T25S R21E ON 02/2010 CORNER DESTROYED DURING STREET RECONSTRUCTION REPLACED WITH 2" ALUMINUM CAP 190107-2201 AND #6 REBAR 36" IN MONUMENT BOX FROM PREVIOUS SURVEY AND MONUMENT RECORDS DEED DESCRIPTION A PARCEL OF LAND /N THE SE V2 SECTTON 35, 125S, R21E, SLBM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT WHICH BEARS WITH THE SECTION LINE S 89 DEG. 54' W 1675.6 FEET THENCE N 0 DEG. 06' W 25.0 FEET FROM THE SE CORNER SECTION 35, T255: R21E, SLBM, AND PROCEEDING THENCE N 0 DEG. 06' W 123.90 FEET, THENCE N 89 DEG 54' E 179.6 FEET, THENCE S 0 DEG. 06' E 123.9 FEET, THENCE S 89 DEG. 54' W 179.60 FEET TO THE POINT OF BEGINNING. SURVEYOR'S DESCRIP770N A PARCEL OF LAND /N THE SW V4 SF 1/4 SECTION 35, T25S, R21E, SLBM. GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2" ALUMINUM CAP 190107-2201 IN A MONUMENT BOX FOR THE SE CORNER OF SAID SECTION 35; THENCE ALONG SOUTH LINE OF SAID SECTION S8954'001W A DISTANCE OF 1675.60 FEET; THENCE N0077141 "W A DISTANCE OF 24.80 FEET TO THE POINT OF BEGINNING,. THENCE NO/M3'23"W 125.05 FEET; THENCE N8954'401- 179.63 FEET; THENCE S0072'42"W 124.77 FEET; THENCE S89'49'14"W 179.05 FEET TO THE POINT OF BEGINNING CONTAINING 0.514 ACRES, MORE OR LESS OWNER'S & MORTGAGEE'S DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT"a-(12.,4,1-`gi;,;i,t-64,4 1:1---THE UNDERSIGNED OWNER(S) OF THE ABOVE DESCRIBED TRACT OF LAND, HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS AND STREETS HEREAFTER TO BE KNOWN AS THE DEER TRAIL TORNIIOME SVDDI VISION DO HEREBY DEDICATE' FOR PERPETUAL USE OF THE PUBLIC ALL DRAINAGE AND UTILITY EASEMENTS AS INTENDED FOR PUBLIC USE. IN WITNESS WHEREOF --< HAVE HEREUNTO SET ivy HANDS THIS I DAY OF ,-, A.D. 2014. AA AVM' 7qadati `- tc_ Mood.° Gi •i-j 'Q C dvCl1 ' ACIRNOWLEDGitEN'I' STATE OF UTAH ) ) S S. COUNTY OF GRAND ) ON THE DAY OF :('t A D., 2014 P°v ke- i(‘Cil2a- PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBUC, IN AND FOR THE COUNTY OF IN SAID STATE OF UTAH, THE SIGNER(S) OF fig ABOVE OWNERS DEDICATTDN, IN NUMBER, RIO DULY ACKNOWLEDGED TO ME 1 HA T 1 tk , SIGNED IT FREELY AND VOLUNTARILY AND FOR THE I USES AND PURPOSES THEREIN MENTIONED. MY COMMISSION EXPIRES l l 1 { C,/c'm, ytiLJ t NOTARY ;I RESIDING INBLIC°LINTY SURVEYOR'S CERTIFICATE I, WILLIAM f: BREWSTER, DO HEREBY CERTIFY THAT I AM A REGISTERED UTAH LAND SURVEYOR, AND THAT I HOLD CERTIFICATE NO.190107-2201 AS PRESCRIBED UNDER THE LAWS OF THE STATE OF UTAH, AND I FURTHER CERTIFY THAT UNDER AUTHORITY OF THE OWNERS, I HAVE MADE A SURVEY OF THE TRACT OF LAND SHOWN ON THIS PLAT AND DESCRIBED BELOW, AND HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS, HEREAFTER TO BE KNOWN AS DEER TRAIL TOWNHOME SUBDIVISION AND THAT SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE GROUND AS SHOWN ON THIS PLAT: Ent 507508 Bk 812 Pg 971 Date: 06-NOV-2014 1:47:18PM Fee: $36.00 Cash Filed By: JAC JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: DEER TRAIL TOWNHOMES LLC i� 4 Ai 64.43 t°/1414 FINAL PLAT DEER TRAIL TOWNHOME SUBDIVISION LOCATED WITHIN THE SW1/4 SEI/4 OF SECTION 35, T25S, R21E, SLBM, MOAB CITY, GRAND COUNTY, UTAH REVISION DATE- 10/07/14 DATE: 03/10/2010 PROJECT NO: 8619896 SHEET 1 OF 1 DRAWN BY bkb PLANNING COILIITSSION Cll RTD7CATE APPROVED THIS DAY OF 2014, BY PL NN/NG COMMISSION IRMA PLANNING COMMISSION CITY ENGINEERS CERTIFICATE I HEREBY CERTIFY THAT / HAVE HAD THIS PLAT AND SAID TRACT AS STAKED EXAMINED BY THIS OFFICE AND IT IS CORRECT AND IN ACC D CE iN71I INFORMAT70N Q/d FILE IN INNS OFFICE. 1� * )41i* QA ATTEST CITY COUNCIL APPROVAL PRESENTED TO THE C�+*� r(-Dt�i+'«i THIS littkDAY OF WAS ACCEPTED AND APPROVE + �. APPROVAL AS TO IVRY APPROVED AS TO FORM THIS 7 AY OF r VO%el2014. CITY ATTORNEY COUNTY RECORDER NO. STATE OF UTAH, COUNTY OF GRAND, RECORDED AT 7HE REQUEST OF DATE 77ME BOOK PAGE A TTEST COUNTY RECORDER FEE SM SOUDER, MILLER & ASSOCIATES 11 North Main Street, Suite #7 Moab, Utah 84532 Tel: 970-243-6067 - Fax: 970-241-2845 www.soudermiller.com Serving the Southwest & Rocky Mountains Albuquerque - Farmington - Las Cruces - Roswell - Santa Fe, NM Cortez - Grand Junction, CO - Safford, AZ Page 125 of 135 July 26, 2016 To whom it may concern, Deer Trail LLC. has paid in full all of the suppliers of materials used as well as all of the contractors that provided services for the improvements of the subdivision at 400 North and Riversands road. There are no outstanding invoices for any materials or services provided. Scott McFarland ca c a) a) Q Page 126 of 135 Agenda 9E I. 10 LZ I. abed ar 0 ire � .+ till,-� City of Moab City Center 217 East Center Street Moab, Utah 84532 PH: 435-259-5121 FAX: 435-259-0600 SUBDIVISION IMPROVEMENTS PERFORMANCE GUARANTY ESCROW PARTIAL RELEASE REQUEST FORM l iOAa Subdivision Name: Deer Trail Subdivision Phase No.: Partial Release Request No: Release of Warranty Assurance funds Owner/Developer: Scott McFarland Prime Contractor: Date of Request: July 21, 2016 Date of Subdivision Improvements Agreement: November 6, 2015 OWNER/DEVELOPER CERTIFICATE The undersigned certifies that: (1) all previous releases received from Moab City on account of Work done under the Subdivision Improvements Agreement (SIA) have been applied on account to discharge Owners/Developer's legitimate obligations incurred in connection with Work covered by prior release Requests; (2) title of all Work, materials, and equipment incorporated in said Work or otherwise listed in or covered by this release Request will pass to City, or other public service provider as applicable, at time specified in 51A, and shall be free and clear of all Liens, security interests and encumbrances; and (3) ALL Work covered by this release Request is in accordance with the approved Construction plans and is not defective. Date: 7-21-16 Attach jhe Following supporting documents: d Copies of quality assurance testing reports Qr„Copies of Bill of Lading or Sales Invoice for Stored materials 2 Copies of Invoices from Contractors performing the Work 1.0riginal Guaranty Amount 2. Balance in escrow as of 7-21-16 3. Amount Requested $ 154,968 $ 6,291.00_ $ _6,291.00� 4. Balance to Remain in Escrow $ _0_ Release of: _$6,291.00 Requested by: Scott McFarland Date: _7-21-16 Approved by: Date: (City Manager) Completed by: Date: (City Treasurer) i1 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 271 2016 Agenda ltem #: 7-8 Title: Approval of a Request to Send Proposed Ordinance #2016-11 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab to a Public Hearing on October 11, 2016 at approximately 7:15 PM Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Manager Department: Recorder Applicant: Moab City Background/Summary: This petition for annexation was accepted by the City Council on August 9, 2016. I then certified the annexation on August 10, 2016 and advertised the protest period. The protest period ended on September 12, 2016 and I received confirmation from Grand County that no valid protests were received. The next step in the process is to send the proposed ordinance adopting the annexation to a public hearing on October 11, 2016 at which time a zoning recommendation and annexation policy plan would be included. I've attached an annexation flow chart that may help further explain the process. Options: Approve, Deny or Postpone Staff Recommendation: Approve the request to send the proposed ordinance to public hearing on October 11, 2016. Recommended Motion: I move to approve item # 7-8 Attachment(s): Proposed Ordinance #2016-11 Annexation Petition Notice of Certification Annexation flow chart Agenda Page 128 of 135 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 PETITION FOR ANNEXATION Petition date: July 15, 2016 Petition Description (Approximate Address): 400 North Stewart Lane11070 W. 400 North Contact Sponsor Name: City of Moab Contact Sponsor Mailing Address: 217 E. Center Street Moab, UT 84532 Contact Sponsor Phone Number: (435) 259-5121 We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Punted Name Mailing Address Signet+ -ram "ki2E ).( Pet) (S 41-62 Cl Ai a 7 E ee A) I- re feC -r A-g-L-- ()A 1. 3. 4. 5. 6. 7. 8. 9. 10. * Moab City Code 17.12.150 Moab City — Annexation Petition Page 130 of 135 SOUTHWEST CORNER SECTION 35, T25S, R21E, miiiSLB&M ►� —� MOAB 21 LLC 01-035-0037 NORTH 10.00' N 89°54'00" E 95.00' MOAB 21 LLC 01-035-0037 N 89°54'00" E 120.00' SOUTH 10.00' N 89°54'00" E 211.81' MOAB CITY 03-035-0048 ANNEXATION MAP MOAB CITY, GRAND COUNTY, UTA H MOAB 21 LLC = 01-035-0037 O cn N 89°54'00" E 107.89' O 0 M MOAB 21 LLC 0 01-035-0037 2 O EAST 2.29' FOUND REBAR FOUND REBAR S 89°54'00" W 286.00' 400 NORTH ROW N 89°54'00" E 250.30' SOUTH QUARTER CORNER SECTION 35, T25S, R21E, SLB&M (FOUND MONUMENT) FOUND r REBAR THE NATURE CONSERVANCY i i i i i GRAPHIC SCALE 50 0 25 50 1" (INCH) = 50 ' (FEET) WILLIAMS 03-002-0087 LEGEND J FOUND FOUND REBAR & REBAR & CAP CAP THE NATURE CONSERVANCY MOAB CITY 03-002-0088 S 89°54'00" W 501.29' POINT OF BEGINNING 1 1 7- ABBOTT 01-002-0021 SPAN FAMILY Ll 01-002-0022 O Edge of Asphalt Fence Line Found Property Corner Section Corner Monument Narrative ANNEXATION DESCRIPTION A parcel of land within the Southwest Quarter of Section 35, Township 25 South, Range 21 East, and the Northwest Quarter of section 2, Township 26 South, Range 21 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning the South Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running thence East 2.29 feet; thence South 440.0 feet; thence South 89°54' West 501.29 feet; thence North 440.0 feet; thence South 89°54'00" West 286.0 feet along the section line; thence North 338.00 feet; thence North 89°54'00" East 95.00 feet; thence North 10.00 feet; thence North 89°54'00" East 120.00 feet; thence South 10.00 feet; thence North 89°54'00" East 211.81 feet; thence South 175.00 feet; thence North 89°54'00" East 107.89 feet; thence South 163.00 feet; thence North 89°54'00" East 250.30 feet along the section line to the point of beginning. Contains 383,614.9 sq. ft. OR 8.81 acres Lucas Blake License No. 7540504 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 25 SOUTH, RANGE 21 EAST AND THE NORTHWEST QUARTER OF SECTION 2 TOWNSHIP 26 SOUTH, RANGE 21 EAST, The Basis of Bearings is South 89°54'00" West along the section line from the South Quarter corner to the Southwest corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian. The purpose of this survey is to describe an area around existing parcels as part of an Annexation. APPROVED BY MOAB CITY MAYOR CITY RECORDER CITY ENGINEER CITY ATTORNEY APPROVED APPROVED APPROVED APPROVED RED DISE SALT LAKE BASE AND MERIDIAN ANNEXATION PLAT 400 NORTH STEWART LANE MOAB, UT 84532 Land Surveying 4290 Zimmerman Lane Moab, UT 84532 435.260.0104 Project 047-16 Date 5/9/16 Sheet 1 OF 1 N OTI CE OF PROPOSED AN N EXATI ON Notice is hereby given that a petition has been filed with the City of Moab, Utah, to annex 8.77 acres, more or less, of property located at approximately 400 North Stewart Lane and 1070 West 400 North, and more particularly described as follows: A parcel of land within the Southwest Quarter of Section 35, Township 25 South, Range 21 East, and the Northwest Quarter of section 2, Township 26 South, Range 21 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning the South Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running thence South 440.0 feet; thence South 89°54' West 499.0 feet; thence North 440.0 feet; thence South 89°54'00" West 286.0 feet along the section line; thence North 338.00 feet; thence North 89°54'00"East 95.00 feet; thence North 10.00 feet; thence North 89°54'00" East 120.00 feet; thence South 10.00 feet; thence North 90°54'00" East 209.50 feet; thence South 175.00 feet; thence North 89°54'00"East 110.00 feet; thence South 163.00 feet; thence North 89°54'00" East 250.55 feet to the point of beginning. Contains 382,166.5 sq. ft. OR 8.77 acres Said petition was received by the Moab City Council on August 9, 2016 and certified by the Moab City Recorder on August 10, 2016 which certification states the petition meets the requirements of Title 10-2-403(2), (3) and (4) of the Utah Code Annotated as follows: 1) That said petition contain the signatures of, if all the real property within the area proposed for annexation is owned by a public entity other than the federal government, the owners of all the publicly owned real property, or the owners of private real property that: i. is located within the area proposed for annexation; ii. a. Subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area within the area proposed for annexation; b. covers 100% of rural real property as that term is defined in Section 17B-2a-1107 within the area proposed for annexation; c. covers 100% of the private land area within the area proposed for annexation, if the area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture and Industrial Protection Areas, or a migratory bird production area created under Title 23, Chapter 28, Migratory Bird Production Area; and is equal in value to at least 1/3 of the value of all private real property within the area proposed for annexation; 2) That said petition was accompanied by an accurate and recordable plat or map prepared by a licensed surveyor of the area proposed for annexation; 3) That said petition was accompanied by a copy of the notice sent to affected entities and a list of the affected entities to which notice was sent; 4) If the petition proposes the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located, be accompanied by a copy of the resolution, required under Subsection 10-2-402(6), of the legislative body of the county in which the area is located; and Agenda Page 131 of 135 5) Designate up to five of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor, and indicate the mailing address of each sponsor; and 6) That no previous petition for annexation has been filed which has not been denied, rejected, or granted for the proposed annexation area; A copy of the complete annexation petition is available for inspection and copying at the office of the Moab City Recorder, 217 East Center Street, Moab, UT 84532, between the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday, except holidays. Moab City may grant the petition and annex the area described in the petition, unless a written protest to the annexation petition is filed with the Grand County Boundary Commission and a copy of the protest delivered to the Moab City Recorder. The protest period will be 30 days from the date of certification and will end on September 12, 2016. Protests may be filed with the Grand County Boundary Commission, c/o Grand County Clerk's Office, 125 E. Center St., Moab, UT 84532, between the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday, except holidays. Protests may be filed with the Boundary Commission by the legislative body or the governing board of an affected entity. Dated this 10th day of August, 2016. /s/ Rachel Stenta City Recorder Published in the TIMES INDEPENDENT August 18, 25 and September 1, 2016. Agenda Page 132 of 135 CITY OF MOAB - ANNEXATION PROCESS (REVISED 06/13/07) Petitioner files Annexation Petition with City Recorder Petitioner mails Notice of Intent to affected entities ► Petition may be modified to correct deficiencies and re -filed with City Recorder City Council receives Boundary Commission's Decision within 30 days of conclusion of hearing Lt. Governor issues Certificate of Annexation Agenda ► Petitioner mails copies of ► completed petition to Co. Clerk & Planning Chair Notice of Denial mailed within 5 days to Contact Sponsor, Co. Clerk & Planning Chair Notice of Rejection and reasons mailed to City Council, Contact Sponsor, County Council, Planning Chair City Recorder provides copy of protest to Boundary Commission within 5 days of receipt and notifies County Council City Council sets Public Hearing date City Council Reviews at next regular meeting at least 14 days after filing date City Recorder rejects etition for certification County Council or Affected Entity files protest with Boundary Commission within 30 days of City Council Notice of Certification — protest must be mailed to City Recorder No protests are filed City Recorder sends written notice of Annexation to Lt. Governor's Office within 30 days of adoption City Recorder Records Annexation with County Recorder within 30 days of adoption Page 129 of 135 Moab City Planning Commission Reviews & Recommends City Recorder reviews Petition for certification within 30 days of acceptance Petition certified within 30 days City Recorder mails Notice of Certification to City Council, Contact Sponsor, County Council, Planning Chair City Recorder publishes notice of certification once a week for three weeks no later than 10 days after certification I City Recorder mails notice of certification to each Affected Entity within 20 days of certification City Recorder sends Notice of Annexation to each Affected Entity within 30 days of adoption City Recorder publishes notice of ► public hearing at least 7 days prior to hearing City Council holds Public Hearing City Council Grants Annexation by Adoption of Ordinance Resolution 11-2016 A RESOLUTION AMENDING THE CITY OF MOAB PERSONNEL POLICIES AND PROCEDURES MANUAL. WHEREAS, the City of Moab Personnel Policies and Procedures Manual contains rules of general application concerning hiring, promotion, pay, benefits, and discipline; and WHEREAS, the Manual should be reviewed and revised on a periodic basis to ensure compliance with employment laws and contemporary personnel management practices; and WHEREAS, the Moab City Council has determined that the Manual should be revised; and WHEREAS, the amendment to the City of Moab Personnel Policies and Procedures Manual has been presented to this meeting of the Moab City Council. NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to approve the revised Moab Personnel Policies and Procedures Manual in substantially the form presented to this meeting of the City Council. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of the City of Moab in open session this 12`h day of April, 2016. Attest: - i Rachel E. Stenta City Recorder CITY OF MOAB David L. Sakrison Mayor Agenda ion #11-2016 Page 133 of 135 Page 1 of 1 City of Moab Personnel Policies and Procedures Manual 7.22 Separation No classified employee shall be discharged or transferred to a position of less remuneration because of a person's race, religion, sex, color, creed, national origin, sexual orientation, ancestry, age, marital or veteran status, or non -job related physical or mental disability , or as a result of changes in City elected officers, the governing body, or heads of departments. Classified employees serve for an indefinite duration, and may be discharged at any time for causes which include, but are not limited to, curtailment or lack of funds, lack of work, violations of state law, violations of City ordinances, violations of these personnel policies, insubordination, or the like. Every classified employee that is discharged may seek an administrative appeal of that action, as provided under Article IX of these policies. 7.23 Resianation To resign in good standing, every employee must give the department head at least fourteen (14) calendar days' prior notice, unless the department head, because of extenuating circumstances, agrees to permit a shorter notice period. A written resignation shall be submitted to the department head, giving the reasons for leaving. Failure to give the required notice may be entered in the employee's service record and may be cause for denial of future employment with the City. When no notice is given, the employee will be paid through the last day worked. 7.24 Retirement Employees may retire from service by complying with the conditions of the retirement system. For exempt status post -retirement employees who retired prior to August 15, 2005, the City shall make a payment to a defined contribution plan in the same manner as provided for by Utah Retirement System guidelines for non- exempt status post -retirement employees. 7.25 Statutory Appointees. Statutory Appointees are City employees appointed by the Mayor and confirmed by action of the Governing Body, including the Recorder, Treasurer, J'4)-I+c—Wodis airector. and Police Chief. Statutory appointees, also described as department heads, are entitled to all benefits accorded classified service employees generally with regard to pay, benefits, leave, equal employment opportunity, and the like, except that statutory appointees are not entitled to the grievance and discharge procedures defined in Articles VII, VIII, and IX, herein. Statutory appointees are also not entitled to the appeal procedures described in U.C.A. 10-3-1 105 et seq. (A) Statutory appointees serve at the pleasure of the Mayor and the Governing Body and may be removed from office at any time, with or without cause, upon a majority vote of the Governing Body. All statutory appointees are subject to removal following any mayoral election, should the newly elected Mayor, with the advice and consent of the Governing Body, elect to appoint 4-1-gl-/2016r:�personnel\gersonnel manualVinal revision with accepted council changes 2015.docxr.4ecse4pel{personnel 48 Agenda 4:44+1a1-`"".*siefi-44t4eeHaeil•ehaoges2015.49ex Page 134 of 135 MOAB CITY COUNCIL MEETING April 12, 2016 Agenda Item #: 7-10 [Title: Approval of Proposed Resolution #11-2016 — A Resolution Amending the Moab Personnel Policies and Procedures Manual Fiscal Impact: cost will be addressed in the FY 2016-2017 budget Staff Presenter(s): Rebecca Davidson, City Manager Department: Administration It Applicant: n/a Background/Summary: With the departure of our Public Works Director, the Mayor and I discussed the position as it is currently written with its responsibilities. This position is currently noted in our personnel manual as a mayoral appointment as shown in the attachment. From that discussion, the Mayor and I agreed that the position should be "split" into two (2) positions: Utilities Director, and Streets and Facilities Director. The Utilities Director would focus on sewer, water, storm drainage, and sewer treatment. The Streets and Facilities Director would manage streets, parks, facilities and safety. With the amount of work expected in the area of maintenance and operations, I believe this to be prudent and most effective to have two (2) persons directing specific focus areas. I am requesting that Council approve the change in the Personnel manual to remove the Director as an appointed position and approve the splitting of the Public Works Director position into two (2) different positions of Utilities Director and Streets and Facilities Director. 1 Options: Approve, Deny or Table Staff Recommendation: Approve Recommended Motions: Approve Attachment(s): Personnel Manual Revision JAAgenda Draft Documents\04-12-2016\Agenda Summary public works director.docx Agenda Page 135 of 135