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HomeMy Public PortalAboutPKT-CC-2009-09-01CITY OF MOAB September 1, 2009 PRE-COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Updated on: 8/28/2009 Moab City Recorder’s Office Sun Mon Tue Wed Thu Fri Sat 1 7:00 MC Council Meeting 2 7:00 CVPC 3 6:00 MCPC 4 5 6 7 Labor Day 8 3:00 MVFPDC 5:00 GCCMD 9 12:00 TRAIL MIX 6:00 BCPC 10 6:30 TSSFD 11 12 13 14 12:30 GCCOA 4:00 GCWB 6:00 GCAB 15 16 6:30 CVTC 7:00 GCLB 7:00 GCRSSD 17 5:30 TCAB 18 19 20 21 22 3:00 MTPSC 7:00 SEUDHD 7:00 MC Council Meeting 23 6:00 GCPC 24 6:00 MCPC 25 26 27 28 12:00 CJC 29 30 2009 September Entry Full Description Meeting Location DatesCHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last ThursdayCVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd ThursdayCVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st WednesdayCVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd WednesdayGCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd TuesdayGC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd TuesdayGCAB Grand County Airport Board 125 East Center Street 2nd TuesdayGCCOA Grand County Council on Aging Grand Center 2nd MondayGCHEC Grand County Higher Education Committee USU Extension Office 4th ThursdayGCHPC Grand County Historic Preservation Committee Grand Center 4th WednesdayGCLB Grand County Library Board 257 East Center Street 2nd WednesdayGCPC Grand County Planning Commission 125 East Center Street 2nd & 4th WednesdayGCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd WednesdayGCSDBE Grand County School District Board of Education 264 South 400 East 3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st ThursdayGCWB Grand County Weed Board Grand Center 1st MondayGWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd ThursdayLPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd MondayMARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st ThursdayMATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th ThursdayMC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th TuesdayMCPC Moab City Planning Commission 217 East Center Street 2nd & 4th ThursdayMMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd ThursdaySEUALG South Eastern Utah Association of Local Government Price 2nd ThursdaySEUDHD South Eastern Utah District Health Department Green River City OfficesTRAIL MIX Trail Mix Grand Center 2nd Tuesday noonTSSD Thompson Special Service District Thompson Springs Fire Station 2nd TuesdayTSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 8/28/2009 Moab City Recorder’s Office Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 4:00 GCWB 6:00 GCAB 6 7 7:00 CVPC 8 6:00 MCPC 9 10 11 12 12:30 GCCOA 13 12:00 TRAIL MIX 3:00 MVFPOC 5:00 GCCMD 7:00 MC Council Meeting 14 4:30 GCHPC 6:00 GCPC 15 5:30 TCAB 16 17 18 19 20 21 5:00 GCLB 6:30 CVTC 7:00 GCRSSD 22 6:00 MCPC 23 24 25 26 27 3:00 MTPSC 7:00 MC Council Meeting 28 6:00 GCPC 29 30 31 2009 October Entry Full Description Meeting Location DatesCHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last ThursdayCVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd ThursdayCVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st WednesdayCVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd WednesdayGCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd TuesdayGC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd TuesdayGCAB Grand County Airport Board 125 East Center Street 2nd TuesdayGCCOA Grand County Council on Aging Grand Center 2nd MondayGCHEC Grand County Higher Education Committee USU Extension Office 4th ThursdayGCHPC Grand County Historic Preservation Committee Grand Center 4th WednesdayGCLB Grand County Library Board 257 East Center Street 2nd WednesdayGCPC Grand County Planning Commission 125 East Center Street 2nd & 4th WednesdayGCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd WednesdayGCSDBE Grand County School District Board of Education 264 South 400 East 3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st ThursdayGCWB Grand County Weed Board Grand Center 1st MondayGWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd ThursdayLPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd MondayMARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st ThursdayMATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th ThursdayMC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th TuesdayMCPC Moab City Planning Commission 217 East Center Street 2nd & 4th ThursdayMMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd ThursdaySEUALG South Eastern Utah Association of Local Government Price 2nd ThursdaySEUDHD South Eastern Utah District Health Department Green River City OfficesTRAIL MIX Trail Mix Grand Center 2nd Tuesday noonTSSD Thompson Special Service District Thompson Springs Fire Station 2nd TuesdayTSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday City of Moab – Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, September 1, 2009 at 7:00 p.m. 6:30 p.m. PRE-COUNCIL WORKSHOP 7:00 p.m. Call to Order: Pledge to Flag: SECTION 1: APPROVAL OF MINUTES 1-1 July 14, 2009 1-2 July 28, 2009 1-3 August 7, 2009 1-4 August 7, 2009 1-5 August 11, 2009 1-6 August 17, 2009 1-7 August 21, 2009 1-8 August 25, 2009 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: NEW BUSINESS 4-1 Approval of a Special Events License for the Moab Century Tour to Conduct a Road Cycling Event September 18 to 20, 2009 4-2 Approval of a Request for an Amplified Music Event at Old City Park by Marc Nowak on September 25, 2009 4-3 Approval of a Peddler License for Dennis Dressler, d.b.a. the Ice Cream Peddler to Conduct Ice Cream Vending Sales City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org 4-4 Approval of Proposed Resolution #19-2009 - A Resolution Approving the Drinking Water Source Protection Plan for the Lionsback Development 4-5 Approval of a Cooperative Agreement by and between the City of Moab and the Utah Department of Transportation for the 500 West Reconstruction Project 4-6 Discussion Regarding the Additive Prioritization List for the 500 West Reconstruction Project SECTION 5: READING OF CORRESPONDENCE SECTION 6: ADMINISTRATIVE REPORTS SECTION 7: REPORT ON CITY/COUNTY COOPERATION SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: PAY THE BILLS AGAINST THE CITY OF MOAB SECTION 10: 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 July 14, 2009 Page 1 of 3 MOAB CITY COUNCIL REGULAR MEETING July 14, 2009 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre-Council Workshop to order at 6:30 PM. In attendance were Councilmembers Jeffrey Davis, Gregg Stucki, Sarah Bauman and Kyle Bailey; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, Community Development Director David Olsen, Planning Director Jeff Reinhart, City Engineer Dan Stenta and Police Chief Mike Navarre. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and citizen B.D. Howard led in the Pledge of Allegiance. Five (5) members of the audience and media were present. Councilmember Stucki moved to approve the Regular Council minutes of May 12, 26, June 9 and 23, 2009 and the Special Council minutes of June 2, 2009. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Under Citizens to be Heard, Charlotte Mates stated that she was concerned about the removal of mature trees at the location of the proposed aquatic center at Swanny City Park. City Manager Metzler stated that the project is going out to bid on September 15, 2009 and through the process of a facilities analysis, Swanny City Park was identified as the most suitable, centrally located property. Ms. Mates inquired if the City had considered locating the new facility at the vacated school property across the street. Ms. Mates then requested that the current proposed location be reconsidered and that as many trees as possible be saved. City Manager Metzler stated that the final footprint of the project was yet to be determined, but that the project was well under way and it was too late to change locations. Under Community Development Department Update, Community Development Director Olsen stated that he had been engaged in negotiations with a property owner concerning the Millcreek Drive Pathway project and that he was pursuing funding for a cantilever bridge on East Millcreek. Community Development Director Olsen stated that a stream alteration permit was in process to remove an island on the east side of the 500 West bridge and that a specialist was working on the switchbacks for the Pipe Dream Trail. Community Development Director Olsen then stated that a grant was in process for the Scenic Snake trail. An Engineering Department Update was not given. A Planning Department Update was not given. A Police Department Update was not given. A Public Works Department Update was not given. Mayor Sakrison proclaimed August 3 through 7, 2009 as Relay for Life REGULAR MEETING & ATTENDANCE PRECOUNCIL WORKSHOP REGULAR MEETING APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PROCLAMATION July 14, 2009 Page 2 of 3 Week in the City of Moab. Councilmember Bauman moved to approve a Special Event License for The American Cancer Society to Conduct a Relay for Life event on August 7 to August 8, 2009 at the Grand County High School. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Request by Shon Walter for a Refund of the Special Event Fee for the Relay For Life Event in the amount of $80.00. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Request to Reschedule the Regular Council Meeting of September 8 to September 1, 2009. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve a Request by Rita Rumrill for an Amplified Music Event at Old City Park on October 2, 2009. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Conservation Easement to the City of Moab from Portal Vista, LLC. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Bauman moved to approve a Memorandum of Understanding by and between Grand County and the City of Moab Regarding the Development, Operation and Management of Lions Park, Trail, and Transportation Hub. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve a Request by Melvin Dalton and Daniel and Mary Sue Dalton for a Boundary Line Adjustment Located at Approximately 100 North and 300 East. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to approve the Final Plat of the Roufa Two-Lot Subdivision. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Request by the Canyonlands Health Care Special Service District for a Waiver of Building Permit Fees for the Extended Care Facility in an Amount not to exceed $28,700 and stated that he serves on the District Board. Councilmember Bauman seconded the motion. The motion carried 4-0 aye by a roll-call-vote. Councilmember Bauman moved to approve Proposed Resolution #14- 2009 - A Resolution Designating Depositories for Moab City Funds. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll-call-vote. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that the Bond Resolution would be presented at the next Council meeting for approval. City Manager Metzler also stated that she had been negotiating a franchise agreement with Rocky Mountain Power and the demolition of the existing swim center would begin on August 18, 2009. City Manager Metzler stated that staff had begun the removal of the memorial rose garden at Swanny City Park and that the proposed aquatic center schematics would be available for public review at City Hall. City Manager Metzler stated that the City’s budget had been successfully submitted to the State Auditor. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that a planner SPECIAL EVENT LICENSE, APPROVED REFUND OF FEE, APPROVED COUNCIL MEETING RESCHEDULED AMPLIFIED MUSIC EVENT AT OLD CITY PARK, APPROVED CONSERVATION EASEMENT, APPROVED MEMORANDUM OF UNDERSTANDING, APPROVED BOUNDARY LINE ADJUSTMENT, APPROVED FINAL PLAT FOR ROUFA SUBDIVISION, APPROVED WAIVER OF BUILDING PERMIT FEES, APPROVED RESOLUTION #14-2009, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS July 14, 2009 Page 3 of 3 with Envision Utah would be coming to Moab and would make a presentation to City Council. Councilmember Davis inquired how spring events would be affected by the construction at the park. City Manager Metzler stated that the City had been coordinating with event representatives and intends to fully accommodate events in the park. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $788,438.33. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll-call-vote. Councilmember Stucki moved to adjourn. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the meeting at 7:42 PM. APPROVED: ____________________ ATTEST: ____________________ David L. Sakrison Rachel Ellison Mayor City Recorder APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED ADJOURNMENT July 28, 2009 Page 1 of 3 MOAB CITY COUNCIL REGULAR MEETING July 28, 2009 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre-Council Workshop to order at 6:30 PM. In attendance were Councilmembers Jeffrey Davis, Sarah Bauman, Gregg Stucki, Rob Sweeten and Kyle Bailey; City Manager Donna Metzler, Deputy Recorder I Beth Joseph, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Community Development Director David Olsen, and Police Chief Mike Navarre. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Boy Scout Jayden Olsen led in the Pledge of Allegiance. Thirteen (13) members of the audience and media were present. There were no minutes to approve. Under Citizens to be Heard, Sara Melnicoff extended her appreciation to Community Development Director Olsen for his support of recycling on the Millcreek Parkway. Ms. Melnicoff state that the “Friends of the Parkway” was formed five years ago, and had been working with the homeless population in Moab. Ms. Melnicoff stated that as part of the homeless program the Recycling Center had been receiving funding from a private foundation to fund the program that enables the homeless to help at the recycling center, and that she had been working toward improving the relationship with the Moab Police Department. Ms. Melnicoff thanked Jim Allef for the recycling containers on Main Street as well as the business sponsors of those containers. Ms. Melnicoff then thanked Jean McDowell for weeding Dixie Park an expressed general appreciation for Councilmember Bailey and especially Councilmember Sweeten for his support of recycling containers. Under Community Development Department Update, Community Development Director Olsen stated that Jack Johnson had been working on an Eagle Scout Park Project including weed removal and improvements at the Ballpark. Community Development Director Olsen then stated that Jayden Olsen had also been working on an Eagle Scout Project at Dixie Park including maintenance and improvements of the park. An Engineering Department Update was not given. Under Planning Department Update, Planning Director Reinhart stated that there would be an In-fill workshop on either August 14 or 21, 2009. A Police Department Update was not given. A Public Works Department Update was not given. Councilmember Bailey moved to approve a Boundary Line Adjustment for Moab Valley Health Care and Canyonlands Special Service Health Care District. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve a Development and Phasing Agreement by and between the City of Moab and Lionsback Moab Land Company LLC. Councilmember Stucki seconded the motion. The motion carried 3-2 aye with Councilmembers Bauman and Bailey voting nay. REGULAR MEETING & ATTENDANCE PRECOUNCIL WORKSHOP REGULAR MEETING APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE BOUNDARY LINE ADJUSTMENT, APPROVED DEVELOPMENT AND PHASING AGREEMENT FOR LIONS BACK MOAB LAND COMPANY LLC, APPROVED July 28, 2009 Page 2 of 3 Councilmember Davis moved to approve a Request by the Canyonlands P.R.C.A. Rodeo Committee for a Refund of the Special Event License and Banner Permit Fees in an amount not to exceed $145.00. Councilmember Sweeten seconded the motion. The motion carried 5-0 by a roll-call-vote. Councilmember Sweeten moved to approve a request by Zhailaa Rei for an Amplified Music Event at Old City Park on August 29, 2009 from 5:00 PM to 9:00 PM. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Request by the Moab Area Chamber of Commerce for a Waiver of the Special Event Fee for the 4th of July Celebration in an amount not to exceed $80.00. Councilmember Bauman seconded the motion. The motion carried 5-0 by a roll-call- vote. Councilmember Sweeten moved to approve a Special Event License for Walker True Value to conduct a Grand Re-Opening Event on August 8 to 9, 2009 Located at 260 South Main Street. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve an Agreement with the University of Utah for services associated with the modeling and analysis of the City Water System. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve a Professional Services Agreement by and between Bowen, Collins & Associates, Incorporated and the City of Moab. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that the final swim at the swim center would be on August 15 and that demolition would begin on August 18, 2009. City Manager Metzler stated that the contractor for the project has been coming in early with cost estimates and that the current plan was too expensive. City Manager Metzler stated that the gymnasium and racquetball courts had been eliminated. City Manager Metzler then stated that she had been working on the Rocky Mountain Power franchise agreement as well as the Lionsback development agreement. City Manager Metzler then continued that she had been participating on the interview panel for the Grand County Council Administrator. Under Report on City/County Cooperation, Mayor Sakrison stated that the next joint meeting was scheduled for August 7, 2009 at 11:30 AM. City Manager Metzler stated that she had been researching cooperative agreements involving users for Waste Water Treatment Plant Operations. Under Mayor and Council Reports, Mayor Sakrison stated that of the 11 million kilowatt hours of energy used by the Moab community in 2008, 3.8 million kilowatt hours came from renewable energy sources. Mayor Sakrison stated that this was a decrease from 4 million the previous year. Mayor Sakrison stated that the community was still designated a green power community. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $140,629.74. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye by a roll-call-vote. Councilmember Sweeten moved to adjourn. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. REFUND OF FEES, APPROVED AMPLIFIED MUSIC REQUEST AT OLD CITY PARK, APPROVED WAIVER OF FEES, APPROVED SPECIAL EVENT LICENSE FOR WALKER TRUE VALUE, APPROVED AGREEMENT WITH UNIVERSITY OF UTAH, APPROVED AGREEMENT WITH BOWEN, COLLINS & ASSOCIATES, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED July 28, 2009 Page 3 of 3 Mayor Sakrison adjourned the meeting at 7:43 PM. APPROVED: ____________________ ATTEST: ____________________ David L. Sakrison Rachel Ellison Mayor City Recorder ADJOURNMENT April 16, 2009 Page 1 of 1 MOAB CITY COUNCIL SPECIAL JOINT MEETING August 7, 2009 The Moab City Council held a Special City Council Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor Sakrison called the Special City Council Meeting to order at 8:10 AM. In attendance were Councilmembers Kyle Bailey, Gregg Stucki and Sarah Bauman; City Manager Donna Metzler and Economic Development Coordinator/Administrative Analyst Ken Davey. Five (5) members of the audience and media were present. There was a dDiscussion with Congressman Jim Matheson. Mayor Sakrison adjourned the meeting at 9:00 AM. APPROVED: ____________________ ATTEST: ____________________ David L. Sakrison Rachel Ellison Mayor City Recorder SPECIAL MEETING AND ATTENDANCE DISCUSSION ADJOURNMENT August 7, 2009 Page 1 of 1 MOAB CITY COUNCIL SPECIAL JOINT MEETING August 7, 2009 The Moab City Council held a Special Joint City Council/Grand County Council Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor Sakrison called the Special City Council Meeting to order at 11:30 AM. In attendance were Councilmembers Kyle Bailey, Gregg Stucki, Rob Sweeten, Jeff Davis and Sarah Bauman; City Manager Donna Metzler, Administrative Analyst/Economic Development Specialist Ken Davey, Administrative Assistant Carmella Galley, Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson, Deputy Recorder Danielle Guerrero, Community Development Director David Olsen, County Councilmembers Audrey Graham, Bob Greenberg, Chris Baird and Pat Holyoak; and Grand County Community Development Coordinator Mary Hoffman. Sixteen (16) members of the audience and media were present. There was a Presentation by Envision Utah. Mayor Sakrison adjourned the meeting at 1:00 PM. APPROVED: ____________________ ATTEST: ____________________ David L. Sakrison Rachel Ellison Mayor City Recorder SPECIAL MEETING AND ATTENDANCE PRESENTATION ADJOURNMENT August 11, 2009 Page 1 of 2 MOAB CITY COUNCIL REGULAR MEETING August 11, 2009 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. In attendance were Councilmembers Jeffrey Davis, Sarah Bauman, Gregg Stucki, Rob Sweeten and Kyle Bailey; City Manager Donna Metzler, Planning Director Jeff Reinhart, City Treasurer Jennie Ross, Deputy City Recorder Danielle Guerrero, Animal Control Sergeant Randy Zimmerman, Economic Development Specialist/Administrative Analyst Kenneth F. Davey and Community Development Director David Olsen. Seven (7) members of the audience and media were present. Mayor Sakrison called the Pre-Council Workshop to order at 6:30 PM. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. There were no minutes to approve. There were no Citizens to be Heard. A Community Development Department Update was not given. An Engineering Department Update was not given. Under Planning Department Update, Planning Director Jeff Reinhart stated that on Friday August 14, 2009 at 3:30 in the City Council Chambers the Planning Commission will hold a workshop on the Infill Regulation Ordinance and will also have a public hearing on a conditional use permit for Jay Leetham at 465 East 400 South for a reduced side yard setback to construct a carport. Also we will have a vacation of the mixed use site plan for the Cisco Condo Development at 39 North 100 West. They will also review the commercial site plan for Canyonlands Care Center, a 36-bed, 18,000 sq foot Extended Care Facility at 45 West Williams Way. Planning Director Reinhart also stated that the Planning Commission would be discussing the future Housing Study and Affordable Housing Plan and amending the General Plan. The current proposal is to recommend adopting the Study and Plan by reference but inserting the goals, objectives and 5-year plan into the General Plan, and that the Planning Commission would be discussing changes to the Hillside Ordinance. A Police Department Update was not given. A Public Works Department Update was not given. Councilmember Sweeten moved to approve Resolution #16-2009 – A Resolution Authorizing $4,764,000 Taxable Sales Tax Revenue Bonds, Series 2009, To Finance Recreational Improvements; Authorizing All Other Needful Actions And Related Matters. Councilmember Bauman seconded the motion. The motion carried by roll-call-vote 4-1 aye with Councilmember Davis voting nay. Councilmember Bailey moved to approve a Cooperative Agreement between the United States Department of the Interior National Park Service, Southeast Utah Group and the City of Moab. Councilmember Stucki seconded the motion. The motion carried by roll-call-vote 5-0 aye. REGULAR MEETING & ATTENDANCE PRECOUNCIL WORKSHOP REGULAR MEETING APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE APPROVAL OF RESOLUTION #16-2009 APPROVAL OF COOPERATIVE AGREEMENT August 11, 2009 Page 2 of 2 Under Discussion Regarding Moab City Park Usage Policies, City Manager Metzler made a presentation. Discussion followed. Under Discussion Regarding Mayor’s Proposed Sustainability, Mayor Sakrison made a presentation. Discussion followed. Under Reading of Correspondence, Mayor Sakrison read and displayed the 2009 Rural Honors Award that had been presented to him at the Rural Summit. Under Administrative Report, City Manager Metzler stated that the City would be closing on the Aquatic Center Bond on August 18, 2009 and that demolition of the Moab Swim Center would begin that same day. Ms. Metzler also stated that August 15, 2009 would be the final splash down at the Moab Swim Center and that everyone was invited to swim free starting at 1:45 pm. Ms. Metzler also stated that she would like to invite everyone to attend the Hospital ground breaking on August 26, 2009 at 10:00 am. Under Mayor and Council Reports, Mayor Sakrison stated that he had attended the Rural Summit at Southern Utah University and that he had received a lot of great information. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $143,790.07. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye by a roll-call-vote. Councilmember Sweeten moved to adjourn. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Mayor Sakrison adjourned the meeting at 7:50 PM. APPROVED: ____________________ ATTEST: ____________________ David L. Sakrison Rachel Ellison Mayor City Recorder DISCUSSION ON CITY PARK USAGE POLICY DISCUSSION OF MAYOR’S PROPOSED SUSTAINABILITY READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED ADJOURNMENT August 17, 2009 Page 1 of 1 MOAB CITY COUNCIL SPECIAL MEETING August 17, 2009 The Moab City Council held a Special Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor Pro-Tem Bailey called the Special City Council Meeting to order at 4:06 PM. Also in attendance were Councilmembers Jeffrey Davis, and Sarah Bauman; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Engineer Dan Stenta, Community Development Director David Olsen, and Engineering Assistant Eric Johanson. No members of the audience were present. A presentation was made by City Engineer Stenta regarding an update of the 500 West Reconstruction Project. Discussion followed. Councilmember Bauman made a motion to enter into an executive session for the purpose of a strategy session to discuss the purchase, exchange or lease of real property and pending or reasonably imminent litigation. Councilmember Davis seconded the motion. The motion carried 3-0 aye. An executive session was entered at 4:25 PM. Councilmember Davis made a motion to close the executive session. Councilmember Bauman seconded the motion. The motion carried 3-0 aye. The executive session was closed at 5:00 PM. Mayor Pro-tem Bailey adjourned the meeting at 5:00 PM. APPROVED: ____________________ ATTEST: ____________________ David L. Sakrison Rachel Ellison Mayor City Recorder SPECIAL MEETING AND ATTENDANCE PRESENTATION AND DISCUSSION MOTION TO ENTER EXECUTIVE SESSION, APPROVED EXECUTIVE SESSION ENTERED MOTION TO CLOSE EXECUTIVE SESSION, APPROVED EXECUTIVE SESSION CLOSED ADJOURNMENT August 21, 2009 Page 1 of 1 MOAB CITY COUNCIL SPECIAL MEETING August 21, 2009 The Moab City Council held a Special Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special City Council Meeting to order at 10:05 AM. Also in attendance were Councilmembers Jeffrey Davis, Kyle Bailey, Gregg Stucki, Rob Sweeten and Sarah Bauman; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison and Recreation Coordinator John Geiger. No members of the audience were present. Councilmember Bailey moved to approve a budgetary line item transfer from the Aquatic Center Set Aside account (41-470-71) to the Aquatic Center Project account (41-470-70) in an amount up to but not exceeding $190,000 with the condition that if the money is not used on the required additions to accommodate diving that the additional funds will revert back to the Set Aside account. Councilmember Bauman seconded the motion. The motion carried 4-1 aye with Councilmember Davis voting nay. Councilmember Bailey made a motion to adjourn. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Mayor Sakrison adjourned the meeting at 5:00 PM. APPROVED: ____________________ ATTEST: ____________________ David L. Sakrison Rachel Ellison Mayor City Recorder SPECIAL MEETING AND ATTENDANCE BUDGETARY LINE ITEM TRANSFER FOR AQUATIC CENTER, APPROVED MOTION TO ADJOURN, APPROVED ADJOURNMENT August 25, 2009 Page 1 of 2 MOAB CITY COUNCIL REGULAR MEETING August 25, 2009 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre-Council Workshop to order at 6:30 PM. In attendance were Councilmembers Jeffrey Davis, Gregg Stucki, Rob Sweeten and Kyle Bailey; Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, City Treasurer Jennie Ross, Economic Development Specialist/Administrative Analyst Kenneth F. Davey and Police Chief Mike Navarre. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led in the Pledge of Allegiance. Five (5) members of the audience and media were present. There were no minutes to approve. Under Citizens to be Heard, Cathy Biersfield stated that she had read in the previous week’s newspaper that the maximum depth of the new pool would be 5 feet 3 inches and would not accommodate diving. City Manager Metzler stated that the City as well as the Grand County Recreation Special Service District had voted to allocate additional funds to increase the depth of the pool to 13 feet to accommodate diving. Ms. Biersfield thanked City Manager Metzler and the City Council and stated that she thought this addition would make the new pool a viable teaching facility. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Stenta stated that he and Community Development Director Olsen had met with the Grand County Council and had proposed a cost sharing plan for the Millcreek Drive pathway project and that he would be presenting a 500 West project priorities list at the City Council’s meeting on September 1, 2009. Under Planning Department Update, Planning Director Reinhart reviewed the agenda for the next planning commission meeting. A Police Department Update was not given. A Public Works Department Update was not given. Councilmember Bailey moved to approve Resolution #17-2009 - A Resolution of the Governing Body of the City of Moab Endorsing the “Utah Redistricting Standards Commission” Initiative. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. Councilmember Sweeten moved to approve Resolution #18-2009 - A Resolution Adopting The 2020 Vision: A Sustainable Moab Plan. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Sweeten moved to approve a Request for an Amplified Music Event at Old City Park on September 5, 2009 by Ed Stone from 11:00 AM to 9:00 PM. Councilmember Davis seconded the motion. REGULAR MEETING & ATTENDANCE PRECOUNCIL WORKSHOP REGULAR MEETING APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE RESOLUTION #17-2009, APPROVED RESOLUTION #18-2009, APPROVED AMPLIFIED MUSIC EVENT AT OLD CITY PARK, APPROVED August 25, 2009 Page 2 of 2 The motion carried 4-0 aye. Councilmember Sweeten moved to approve a Local Consent for a Proximity Variance for a Full Service Restaurant Liquor License for Jeffrey Davis, d.b.a. Jeffrey’s Steak House Located at 84 West 200 North. Councilmember Stucki seconded the motion. The motion carried 3-0 aye with Councilmember Davis abstaining and stating that he had a conflict of interest. Councilmember Sweeten moved to Send a Conditional Use Permit for a Side Yard Setback Reduction To Construct a Carport to Public Hearing. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve a Boundary Line Adjustment Located in the C-4 Zone Between Properties Owned by Moab Springs Ranch, LLC, as Submitted by McKay Edwards. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that the Grand County Special Service Recreation District had voted to approve additional funds for the Aquatic Center Project in the amount of $115,000 to accommodate diving at the new facility. City Manager Metzler then continued that she had attended, in Salt Lake City, the closing the previous week for the Permanent Community Impact Fund Board loan for the Aquatic Center. City Manager Metzler continued that staff was preparing the annual audit the next week and that she was still anticipating a sales tax report from the state of Utah. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Councilmember Bailey invited everyone to the new hospital ground breaking the next day, August 26, 2009 at 10:00 at the building site. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $2,138,611.66. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye by a roll-call-vote. Councilmember Sweeten moved to adjourn. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the meeting at 7:24 PM. APPROVED: ____________________ ATTEST: ____________________ David L. Sakrison Rachel Ellison Mayor City Recorder LOCAL CONSENT FOR PROXIMITY VARIANCE FOR ALCOHOL, APPROVED CONDITIONAL USE PERMIT SENT TO PUBLIC HEARING BOUNDARY LINE ADJUSTMENT, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED ADJOURNMENT Resolution #19-2009 Resolution #19-2009 A RESOLUTION APPROVING THE DRINKING WATER SOURCE PROTECTION PLAN FOR THE LIONSBACK DEVELOPMENT. WHEREAS, the City of Moab is the owner and operator of a public drinking water system that supplies high quality drinking water to city residents and businesses; and WHEREAS, it is in the City’s best interest to ensure the future quality of its drinking water though the regulation and monitoring of all activities that represent a potential contamination threat to the supply aquifer; and WHEREAS, the Lionsback development project, due to its location over the aquifer, is subject to special requirements pertaining to any use or activity therein that represents a potential contamination source; and WHEREAS, the development team of the Lionsback project has developed and submitted to the City for its approval a site specific plan entitled the Lionsback Source Water Protection Plan, dated July, 2009 NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve that the Lionsback Source Water Protection Plan, as attached to this resolution, provides for adequate mitigation of all foreseeable potential contamination sources and that said plan shall be jointly enforceable by the City, the Lionsback Developer, and the Lionsback Homeowners Association, within the limits of the Lionsback development. Passed and adopted by action of the Governing Body of the City of Moab in open session this 1st day of September, 2009. SIGNED: ______________________________ David L. Sakrison, Mayor ATTEST: __________________________________ Rachel Ellison, Recorder CITY OF MOAB INTEROFFICE MEMORANDUM Engineering Department Memo #09-05 TO: CITY COUNCIL FROM: DAN STENTA, CITY ENGINEER SUBJECT: LIONSBACK DEVELOPMENT – SITE SPECIFIC DRINKING WATER SOURCE PROTECTION PLAN DATE: 8/28/09 CC: Donna Metzler, City Manager; Cal Wilbourne, Project Design Team Lead Please find attached a copy of the drinking water source protection plan prepared by the Lionsback development team. This plan is required under the terms of the pre-annexation agreement for the Lionsback property. The purpose of the plan is to establish the means and methods of mitigation for all potential sources of contamination to the City’s drinking water supply associated with the uses proposed by the Lionsback development project. Plan Development The City’s objective in including the requirement for a site-specific Drinking Water Source Protection Plan was to supplement the City’s Drinking Water Source Protection Ordinance with a more detailed document addressing the specific activities of the proposed development. An effective plan is one that is readily accessible to the targeted users, realistic in its implementation, and easily enforceable. The Applicant communicated with me frequently in the development of this plan and was responsive to all suggestions and input. Evaluation of Plan The plan is very comprehensive covering all aspects of construction associated with the infrastructure and buildings associated with the development. The plan is structured such that a builder, owner, or utility and earthwork contractor can go to the section that addresses their particular activity and get all the information that they need. The Action Plan component is clear and simple and should be easy to follow for on-the-ground workers who make up the first and most critical line of defense. The schematic flow process flow diagram shows all the various levels of responsibility and approvals in one location, which is very helpful Eng. Memo #09-05, 8/28/09 Lionsback Drinking Water Protection Plan Page 2 of 2 Reccommendation It is my opinion that the plan submitted by the Applicant satisfies the requirement established in the pre-annexation agreement. As this is the first plan of this type that the City has ever dealt with, there are no prior examples to work from. I think that the submitted plan is a workable version to start with, although I anticipate that there may need to be some amendments made as the project progresses and we can see how well things are working. The council may want to consider whether or not you want any amendments to come back before you or not. One other thought for discussion is whether the plan or at least components such as the Action Plan should be provided in a Spanish version as well. As I indicated earlier, the on-the-ground workers are the first and best line of defense in the event of a spill. Many construction companies have many Hispanic workers on their labor workforce, some of whom may possess little or no ability to read in English. I hesitate to make this a formal recommendation or requirement, and feel fairly confident that the Developer will take the initiative voluntarily if warranted. CITY OF MOAB INTEROFFICE MEMORANDUM Engineering Department Memo #09-05 TO: CITY COUNCIL FROM: DAN STENTA, CITY ENGINEER SUBJECT: 500 WEST PROJECT – FEDERAL AID AGREEMENT DATE: 8/28/09 CC: Donna Metzler, City Manager Please find attached a copy of the proposed Federal Aid Agreement for Local Agency Project by and between the City and the Utah Department of Transportation (UDOT). The City must enter into this agreement before the project will be advertised for bids. Summary The Agreement is fairly brief and I encourage you all to read through it. In a nutshell the Agreement covers the amount of Federal Aid that the City will receive for the project ($1,575,761), and the amount of matching funds that the City is required to contribute ($393,940 = 20% of aid amount). I draw your attention to a couple of the more important financial provisions: Provision IX This provision set forth that the City will be responsible for all project costs that exceed the available project budget. No more federal aid will be forthcoming. Examples of what these cost overruns might be are high bids and/or costly change orders. A contingency of 10% is already programmed into the construction amount, and in addition we are required to have 5% over the Engineer’s estimate available at the time of bidding. This results in approximately $300,000 of insurance against project cost overruns that we are required to provide up front. Change orders would have to exceed that amount before the City incurs any cost liability above what is shown in the agreement. Provision XII This provision covers the possibility that the project scope may increase or decrease from the current scope. A key point that is not stated explicitly, but that I have been counseled on is that if the scope decreases to the point that a significant amount of money remains upon completion, the 80/20 split is still maintained. In other words we can’t spend all the Federal dollars first before we spend our money. Eng. Memo #09-06, 8/28/09 500 West Federal Aid Agreement Page 2 of 2 Recommendation Execution of this Agreement is a required step in sending this project to bid. It is my opinion that the contingency funds that have been programmed will be sufficient to cover all unforeseen expenses and change orders. State of Utah Department of Transportation Federal Aid Agreement for Local Agency Project CFDA No. 20.205 City of Moab - Dan Stenta Maximum Project Value Authorized $2,194,761 Agreement Number (Assigned By Comptrollers) PIN Number 5479 FINET Number 52316 FMIS Number LC19011 Project Number HPP-LC19(11) Project Location 500 West Moab City Date Executed The Utah Department of Transportation (UDOT) will authorize the Local Agency to proceed on the project upon execution of this agreement providing the Local Agency has complied, or hereby agreed to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87, and A-133, (4) Utah State Code, (5) Utah Department of Transportation Local Government and State Aid Project Guide, (6) the Federal Aid Project Agreement entered into between UDOT and the Federal Highway Administration (FHWA), relative to the above project. Federal funds which are to be obligated for the project may not exceed the amount shown herein, without written authority by UDOT, subject to the approval of FHWA. All project costs not reimbursed by FHWA shall be the responsibility of the Local Agency. The Local Agency is responsible for all increased costs to UDOT if the Local Agency decides not to proceed after signing this agreement. No costs are eligible for federal-aid reimbursement until authorized by the FHWA through Form R-709, Request for Federal Aid Project Approval, separate from this Local Agency Agreement. State Wide Transportation Improvement Program STIP 2009 - 2012 Fund* Prior 2009 2010 2011 2012 Total Fed Aid State Other Pct EM_HPP_1702 $250,000 $1,719,701 $0 $0 $0 $1,969,701 $1,575,761 $0 $393,940 20.00% LOCAL_GOVT $0 $225,060 $0 $0 $0 $225,060 $0 $0 $225,060 100.00% Total: $250,000 $1,944,761 $0 $0 $0 $2,194,761 $1,575,761 $0 $619,000 28.20% *http://www.udot.utah.gov/go/stipfundtable Upon signing this agreement the Local Agency agrees to pay its estimated matching share in phases when requested by UDOT. Phases typically include environmental, design, right-of-way and construction. The local match for this project is represented by the percentages of the Total Project Value shown above. In addition the Local Agency agrees to pay 100% of the overruns that exceed $2,194,761 and any ineligible costs when requested by UDOT. UDOT will request payment of matching shares and overruns through an email that will be sent to Dan Stenta at DAN@MOABCITY.ORG the Local Agency Contact. The Local Agency shall pay within 30 days after each payment request. The Local Agency shall make the check payable to the Utah Department of Transportation referencing the project number above and mail to UDOT Comptroller's Office, Box 141510, 4501 South 2700 West, Salt Lake City, Utah 84119-5998. City of Moab Official Utah Department of Transportation By Date By Date Mayor Dave Sakrison Region Director By Date Comptrollers Office 1 of 4 Revised 3-5-09 2 of 4 Revised 3-5-09 Provisions I. Roles and Responsibilities: In accordance with 23 U.S.C. 106© and 23 CFR 635.105 the Utah Department of Transportation is responsible for acting on behalf of the Federal Highway Administration in the determination of federal-aid eligibility on all Local Agency Federal-aid projects as described in Appendix C of the FHWA- UDOT Stewardship Oversight Agreement. II. Project Authorization for Federal-aid: The Local Agency, through UDOT, must obtain an Authorization to proceed from FHWA before beginning work on any Federal-aid project. Federal funds shall not participate in costs incurred prior to the date of Authorization except as provided by 23 CFR 1.9(b). III. Agreement provisions: The Local Agency accepts and agrees to comply with the applicable terms and conditions set forth in title 23, U.S.C., the regulations issued pursuant thereto, the policies and procedures promulgated by FHWA relative to the designated project covered by the agreement, and all other applicable Federal laws and regulations. IV. Liability: Local Agency agrees to hold harmless and indemnify UDOT, its officers, employees and agents (Indemnities) from and against all claims, suits and costs, including attorneys' fees for injury or damage of any kind, arising out of the Local Agency’s negligent acts, errors or omissions in the performance of this project, and from and against all claims, suits and costs, including attorneys' fees for injury or damage of any kind, arising out of Indemnities' failure to inspect, discover, correct, or otherwise address any defect, dangerous condition or other condition created by or resulting from Local Agency's negligent acts, errors or omissions in the performance of this project. Any periodic plan and specification review or construction inspection performed by UDOT arising out of the performance of the project does not relieve the Local Agency of its duty in the performance of this project or to ensure compliance with acceptable standards. V. Termination: This agreement may be terminated as follows: a. By mutual agreement of the parties, in writing b. By either UDOT or the Local Agency for failure of the other party to fulfill their obligations as set forth in the provisions of this agreement. Reasonable allowances will be made for circumstances beyond the control of the parties. Written notice of intent to terminate is required and shall specify the reasons for termination. c. By UDOT for the convenience of the State upon written notice to the Local Agency. d. Upon satisfactory completion of the provisions of this agreement. e. By UDOT, in the event that construction of the project for which this design engineering is undertaken is not started by the close of the fifth fiscal year following the fiscal year in which this agreement is executed. VI. Single Audit Act: The Local Agency, as a sub-recipient of federal funds, shall adhere to the Federal Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, http://www.whitehouse.gov/omb/circulars/a133/a133.h tml. A sub-recipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provision of OMB Circular A-133. Upon conclusion of the A-133 audit, the Local Agency shall be responsible for ensuring that a copy of the report is transmitted to the Utah Department of Transportation, Internal Audit, 4501 S 2700 W, Box 148230, Salt Lake City, Utah 84114-8230. VII. Maintenance: The Local Agency shall properly maintain and restore each type of roadway, structure and facility as nearly as possible in its original condition as constructed or improved in accordance with State and Federal requirements. Future utility installations will be made according to UDOT's "Regulations for the Accommodation of Utilities on Federal-aid and Non Federal-aid Highway Right-of-Way." VIII. Availability of Records: For a period not less then three (3) years from the date of final project close out with Federal Government, the Local Agency accounting records pertaining to the federal aid project are to be kept available for inspection and audit by the State and Federal Government, or furnished upon request. IX. Payment and Reimbursement to UDOT: UDOT shall not be ultimately responsible for any of the cost of the project. The Local Agency shall be responsible for all costs associated with the project which are not reimbursed by the Federal Government. For a Joint Highway Committee project, the federal participation for construction engineering costs is limited to 20 percent of the construction contract costs. Funds requested beyond the amount set forth will require execution of a Supplemental Financial Agreement. If the project overruns in costs, the Local Agency shall pay the additional amount required within 30 days of receiving the invoice. Should the Local Agency fail to reimburse UDOT for costs that exceed the federal reimbursement, federal funding for other Local Agency projects or B&C road funds may be withheld until payment is made. If the advanced amount exceeds the Local Agency’s share of project cost, UDOT will return the amount of overpayment to the Local Agency upon financial close out of the project. UDOT shall provide the Local Agency with a quarterly statement reflecting a cost summary of project costs. X. Reimbursement Claims by Local Agency: The Local Agency shall bill UDOT for eligible federal aid project cost incurred after FHWA approval for authorization to proceed (form R709) and in conformity with applicable federal and state laws. Authorized Local Agency reimbursement claims should be submitted to UDOT Project Manager. Reimbursements to the Local Agency for right of way claims are classified as a pass-through of Federal funds from UDOT to the Local Agency. Expenditures by the Local Agency for general administration, supervision, and other overhead shall not be eligible for federal participation unless an indirect cost plan has been approved by the Federal government. XI. Right of Way: The Local Agency shall comply with 23 CFR 710.203 for FHWA reimbursement requests of real property acquisitions. A Local Agency shall not request reimbursement for excess acquisitions which are not eligible for FHWA reimbursement under 23 CFR 710.203 http://www.gpoaccess.gov/cfr/retrieve.html (6) Property not incorporated into a project funded under title 23 of the United States Code. For real property disposals the Local Agency shall comply with 23 CFR 710.409 and 710.403. The Local Agency should have property management records, which identify inventories of real property considered excess to project needs. If a Local Agency determines that real property initially acquired as part of the project is declared excess and disposed of the Local Agency must comply with 23 CFR 710.409 and 710.403. This requires that the Federal share of net income from the sale or lease of real property acquired with Federal assistance be used for Title 23 eligible projects. Refer to http://www.gpoaccess.gov/cfr/retrieve.html for additional information. The Local Agency shall deposit the net proceeds from the sale or lease with UDOT to be applied towards a Title 23 eligible project as authorized by the appropriate Metropolitan Planning Organization or the Joint Highway Committee. For UDOT right-of-way certifications required for advertising access the following: http://www.udot.utah.gov/main/f?p=100:pg::::1:T,V:80 8,34728 XII. Change in Scope and Schedule: Local Agency recognizes that if a project scope changes from the original intent of the project application, the project will need to be re-evaluated by the responsible agency that programmed the project. Such a review may result in approval of the scope change, removal from the program, or adjustment in the federal aid funds programmed for the project. Local Agency is responsible for the schedule of the project. If the project cannot progress as programmed, the responsible programming agency may advance other projects and require the project to wait for next available funding. Any change orders required to meet the terms and conditions of the construction contract will be initiated by UDOT. UDOT will notify the Local Agency of any such change orders. At the Local Agency’s request, UDOT will initiate change orders that cover betterments. The Local Agency agrees they will be responsible for 100% of the costs of all change orders on the project not reimbursed by FHWA. XIII. UDOT Service Costs: UDOT may provide expertise in project management, contract preparation, design plan reviews, advertising, construction materials verification/certification, technical assistance, engineering services or other services as needed. Appropriate charges for these costs will be included in invoices to the Local Agency. XIV. Content Review: Language content was reviewed and approved by the Utah AG’s office on January 12, 2009. 3 of 4 Revised 3-5-09 Revised 8-13-08 Consultant Services Federal Aid Agreement Review/Approval Routing Form STATE OF UTAH TODAY’S DATE 8/17/2009 UTAH DEPARTMENT OF TRANSPORTATION PM REQUEST DATE 7/23/2009 ENGINEERING SERVICES FEDERAL AID AGREEMENT NO. Project No.: HPP-LC19(11) PIN No.: 5479 Project Location: 500 West Moab City FINET Prog Code No.: 52316 UDOT Project Manager UDOT Contract Administrator Aaron Wall Michael R. Butler 1345 South 350 West PO Box 148490 Richfield, UT 84701 Salt Lake City Utah 84114-8490 (801)456-3847 (801)965-4419 awall@wcecengineers.com michaelbutler@utah.gov Local Government City of Moab 217 E. CENTER Moab, UT 84532 Dan Stenta, (435) 259-4941 DAN@MOABCITY.ORG Project Value $2,194,761 Federal Match $1,575,761 Local Government Match $619,000 State Match $0 Please print five single sided copies and route for review/approval to the individuals listed below, using the contact information above. Please sign where appropriate on page #1 in the document before forwarding to the next individual on the list. Please route in the following order: Routing Sequence Date 1 Sent to Local Government 8/17/2009 2 Review/Approved Local Government 3 Review/Approved UDOT Region Director (c/o UDOT PM) 4 Consultant Services 5 Sent to UDOT Comptroller 6 Review/Approved UDOT Comptroller Agenda Item #4-6 – Discussion Regarding the Additive Prioritization List for the 500 West Reconstruction Project will be delivered on Monday, August 31, 2009 by e-mail. Please contact Rachel if you don’t receive it.