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PKT-CC-2018-09-10
Moab City Council September 10, 2018 Pre-Council Workshop 5:00 P.M. REGULAR COUNCIL MEETING 7:00 P.M. Moab City Council Chambers City Center (217 East Center Street) Page 1 of 127 Page 2 of 127 CITY OF MoAg City Council Regular Council Meeting City Council Chambers Tuesday, September io, 2018 at 5:0o p.m. 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org 5:30 p.m. PRE -COUNCIL WORKSHOP ■ Discussion Regarding Conditional Use Municipal Code Revisions 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 August 17, 2018 1-2 August 28, 2018 1-3 August 29, 2018 1-4 August 31, 2018 SECTION 2: MAYOR AND COUNCIL REPORTS SECTION 3: ADMINISTRATIVE REPORTS SECTION 4: CITIZENS TO BE HEARD SECTION 5: PRESENTATIONS 5-1 Mayor's Student of the Month Award for the Grand County Middle School for September 2018 SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of a Private Property Vendor License for Steven Lucarelli and Carrie Finn, d.b.a. Quesadilla Mobilla Located at 95 North Main Street for a term of October 1, 2018 to November 30, 2018 and March 1, 2019 to September 30, 2019 6-2 Approval of a Private Property Vendor License for Huseyin Deniz, d.b.a. Cafe Italian°, Located at 83 South Main Street for a term of September ii, 2018 to September io, 2019 Page 3 of 127 SECTION 7: OLD BUSINESS 7-1 Ordinance #2018-17 — Prohibiting Distribution of Disposable, Single Use, Carryout, Plastic Bags ■ Follow-up Briefing and Possible Approval 7-2 Resolution #35-2018 — Adopting Guidelines and Procedures for Community Contributions and Event Sponsorships ■ Discussion and Possible Approval SECTION 8: NEW BUSINESS 8-1 Resolution #42-2018 — Supporting the 2018 Update to the Community Vision for Future Uses of the Moab UMTRA Project Site ■ Briefing and Possible Approval 8-2 Water Conservation and Drought Advisory Board ■ Confirmation of Mayoral Appointment of Dr. Denver Perkins for a term ending 12/31/2020 8-3 Assured Housing and Planned Affordable Housing Initiatives ■ Discussion 8-4 10o West Construction Management Task Order with Bowen Collins and Associates for an amount not to exceed $90,441.00 ■ Approval 8-5 Ordinance #2018-18 — Establishing the Position of a Finance Director ■ Approval 8-6 Annexation Petition from Sponsor William Hansen for 58.90 Acres located at Approximately 1248 South Highway 191 ■ Acceptance of Petition to Proceed with Certification Process 8-7 Community Engagement — Townhall Meeting in October 2018 ■ Discussion SECTION 9: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION io: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 4 of 127 MOAB CITY COUNCIL MINUTES --DRAFT SPECIAL CITY COUNCIL MEETING August 17, 2018 Call to Order and Attendance: The Moab City Council held a Special Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Mayor Emily Niehaus called the meeting to order at 12:22 PM. In attendance were Councilmembers Kalen Jones, Mike Duncan, Tawny Knuteson-Boyd and Karen Guzman -Newton. Also in attendance were Communications Director Lisa Church, Deputy Recorder Danielle Guerrero and City Engineer Chuck Williams. Award of ioo West Street Improvements Project: Motion and Vote: Councilmember Jones moved to award a Contract to Nelco Contractors Inc. for Construction of the 10o West Infrastructure Project. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-o aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Approval of the _too West Street Improvements Project Contract: Motion and Vote: Councilmember Duncan moved to approve the 10o West Street Improvements Project Contract in the amount of $2,396,296.05. Councilmember Knuteson- Boyd seconded the motion. The motion passed 4-o aye with Councilmembers Jones, Knuteson- Boyd, Guzman -Newton and Duncan voting aye. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Duncan seconded the motion. The motion passed 4-o aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus adjourned the meeting at 12:55 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 1 of 1 August 17, 2018 Page 5 of 127 1-1 Minutes MOAB CITY COUNCIL MINUTES --DRAFT REGULAR CITY COUNCIL MEETING AUGUST 28, 2018 Call to Order and Attendance: The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. In attendance were Mayor Emily Niehaus, Councilmembers Kalen Jones, Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd and Karen Guzman -Newton. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Police Chief Jim Winder, Deputy Treasurer Chantal Lindsay, Sustainability Director Rosemarie Russo, City Engineer Chuck Williams and Records Specialist Eve Tallman. Workshop: Mayor Niehaus called the workshop to order at 5:3o PM. The workshop began with a discussion regarding the City's park policies. Councilmember Derasary brought up concerns regarding cumulative impacts of events. It was agreed that capacity issues caused by special events will be discussed at a future meeting. Councilmembers discussed whether all parks are available for special events, which criteria exist for reservations, 10:00 PM park closure and noise curfew, and concerns about amplified sound. Council also discussed whether parks may be used for conducting private business including teaching classes, performing a play, or other commercial activities. Specific parks were briefly covered, including the possibility of allowing dogs at Lions Park on leash. Councilmember Jones suggested establishing rules for dogs on an experimental basis, and added that ballfields might also be potential dog areas. Jones also mentioned including only the pavilion area as reservable at Lions Park. The workshop continued with an initial briefing regarding the creation of a Community Reinvestment Agency around the future Utah State University (USU) Campus. City Attorney McAnany introduced the proposed agreement which will create a financing mechanism for community development from an incremental property tax. He also pointed out the City is participating in the USU campus development in other ways. Grand County Community and Economic Development Director Zacharia Levine answered questions from the Council on the taxing mechanism and bonding implications and other matters regarding the City's authority, for what purpose revenues may be used, and requirements for affordable housing. Questions were raised by Councilmembers Jones and Duncan about proposed subdivisions. Levine explained the proposed makeup of mixed uses designed to generate revenues and concluded with an overview of the upcoming timeline for the project and interlocal agreement. Regular Meeting: 0:26 on recording) Mayor Niehaus called the Regular City Council Meeting to order at 7:oo PM and led the Pledge of Allegiance. Twenty-one members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve the minutes of the August 14, 2018 meeting. Councilmember Jones seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Councilmember Duncan moved to approve the minutes of the August 3, 2018 meeting. Councilmember Jones seconded the motion. The motion passed 4-o aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Councilmember Derasary abstained from the vote because she did not attend the meeting. Mayor and Council Reports: Mayor Niehaus reported on the progress of the Assistant City Manager interviews. She also mentioned the school district's new Community Coordinator. She Page 1 of 5 August 28, 2018 Page 6 of 127 L 1-2 Minutes reported on a meeting of the Utah League of Cities and Towns (ULCT) concerning gateway communities and she concluded with a mention of an Association of Governments (AOG) meeting which pertained to affordable housing production. Councilmember Derasary reported on her attendance at a meeting of the Emergency Medical Services (EMS) Special Services District. She stated the group was drafting bylaws and she found the handbook for such districts to be helpful. Derasary also attended a Colorado Association of Ski Towns (CAST) meeting with Councilmember Jones and Zacharia Levine and mentioned a forthcoming written report. She commented that the CAST meeting covered the economics of outdoor recreation, the recent impacts of smoke and wildfires on regional towns, and the changing nature of visitation seasons. Derasary concluded with comments about the Immigration and Customs Enforcement (ICE) raid in the community. Councilmember Duncan noted a letter from the Water Conservation and Drought Management Advisory Board to the Council regarding the County's proposed High -Density Housing overlay district. He mentioned his interest in raising consciousness about where Moab's water comes from and the Grand Water and Sewer Services Agency (GWSSA) mandate to serve developers. Councilmember Knuteson-Boyd reported on the Museum's board meeting. She announced a free -admission day at the museum. She reported that on September 2 the museum will close for a year to revamp the building and install new displays. Knuteson-Boyd noted her appreciation of lowering the City's flags in honor of the late John McCain. Councilmember Guzman -Newton reported on a board meeting of the Chamber of Commerce. She mentioned her interest in an effort to reach out to local businesses regarding the Transient Room Tax (TRT). She mentioned Dr. Etchberger would be the Chamber's luncheon speaker. Councilmember Jones reported on his attendance at the CAST meeting, and mentioned a transportation survey that included autonomous shuttles and pedestrian priority, reports on sustainable land use including down -zoning in conjunction with adjacent up -zoning, and mentioned the Gunnison County Sustainable Tourist and Outdoor Recreation Committee. Administrative Report: City Manager Everitt reported on closures on the Mill Creek Parkway west of ioo West. He mentioned work to reconfigure office space in the City Center, and noted work being done on the Assured Housing Policy. Chief Winder mentioned the work of the School Resource Officer and noted traffic -related issues with schools, including a project of the Utah Highway Patrol involving school bus stops. He noted recent officer education involving substance abuse and a driving course. He then reported on the recent ICE actions in the community. He described examples of typical ICE actions including employer checks and raids of business establishments. He noted nine arrests were made that he was aware of, and he noted the community reaction. Winder clarified that local law enforcement officers (LEDs) are prohibited from asking immigrant or citizenship status of individuals unless an arrest for a crime is made, and he noted that questioning about nation of origin is usually done at the jail. Winder spoke about citizen fears of LEOs and his aim to foster the understanding that local LEOs serve all persons regardless of nation of origin. Citizens to be Heard: (2: 0O on recording) Joe Kingsley spoke about the proposed feasibility study for rail service and he requested a letter of support from the City and mentioned the County will also provide such a letter. He mentioned the county clean-up committee and mentioned he'd like a City representative for that group. He 2 5 August 28, 2018 Page 7 of 127 L 1-2 Minutes stated the clean-up is a County budget line item. Christy Calvin spoke regarding the park use policy. She noted that Rotary and Swanny parks have proximity to and impacts on neighborhoods and the noise ordinance speaks to the level and duration of acceptable noise. She requested that sound amplification in parks be kept in the code including start and stop times. She noted that Special Events have allowable alcohol hours from io:oo AM to 9:oo PM and these hours should be the same for any alcohol use in the parks. She concluded with a request that there be a checklist for special event qualifications for ease of understanding. Sara Melnicoff reported it was the anniversary of Moab Solutions and listed accomplishments including picking up litter and recycling on the parkway and assisting the homeless population. She noted the prohibition of camping in the City and mentioned there are still many homeless camps. She stated there had been 1,25o requests for assistance via the Salvation Army. She announced a group called Fix Mix that is focusing on Mill Creek and Potato Salad Hill. Randy Day thanked Council for work on essential housing. He spoke of two ombudsman's opinions, which he circulated to council, regarding private property rights and inferred that impact fees for developers exceed the authority of the local government. He concluded with a warning to beware opposing private property rights of individuals against the public good. Paul Spencer spoke as Chair of the TrailMix committee. He referred to an email he sent to Council and stated there were no changes with regard to TrailMix except that employees are going to be paid by Grand County and not the Canyonlands Natural History Association. Councilmember Duncan asked if TrailMix was a County agency, and Mr. Spencer replied that TrailMix employees would become County employees. Dr. Dell Keys spoke about the plastic bag ban and suggested that "ban" is too harsh a word. She stated the effort should be a behavioral shift encouraging shoppers to bring their own bags. She declared it is a matter of people handling plastic bags responsibly. She concluded that it is easy to talk to the schools to encourage reuse of bags. She stated she did not want merchants to be punished. Public Hearings: Wastewater Revenue and Refunding Bonds: (2:20 on recording) City Engineer Williams introduced the compilation of bonds for sewer and water projects. At 7:56 PM, Mayor Niehaus opened the Public Hearing to Allow Public Input Regarding the Issuance and Sale Of Not More Than $16,7o0,00o Aggregate Principal Amount Of Wastewater Revenue And Refunding Bonds, Series 2018 And Any Potential Economic Impact That The Project To Be Financed With The Proceeds Of The Series 2018 Bonds May Have On The Private Sector; And Related Matters. No citizens spoke during this public hearing. Councilmember Jones moved to close the hearing. Councilmember Guzman -Newton seconded the motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Mayor Niehaus closed the public hearing at 7:57 PM. Business Licensing, Special Event Permitting, and Street Performer Permitting Processes and Requirements: Deputy Treasurer Lindsay gave a briefing on the proposed Title 4 revisions. At 8:03 PM, Mayor Niehaus opened a Public Hearing and Solicitation of Public Input on Proposed Ordinance 3 5 August 28, 2018 Page 8 of 127 L 1-2 Minutes #2018-15 — An Ordinance Modifying Business Licensing, Special Event Permitting, and Street Performer Permitting Processes and Requirements. Kara Dohrenwend noted she had been a member of the Planning Commission for ten years. She mentioned the noise situation at the food truck court on west ioo North. She asked that there be an equal level of enforcement on the part of police, code enforcement and public works. She stated is seemed hard for police and dispatch to enforce the noise code. She mentioned permit requirements for public spaces and the lack of clarity regarding noise from private property. She asked the City to better publicize potential relief from restrictions and she noted vast improvements to the part of the code that falls under section 5.64.070, Prohibited Practices. Cricket Green spoke about her concerns that her business, an All -Terrain Vehicle (ATV) rental operation, should be excepted from prohibited home occupations. She stated she drives the rental vehicles to her home and her neighbors have thanked her for driving io MPH in her neighborhood. She stated she does the book-keeping and other business functions from her home office and always conducts the rental of vehicles from her Main Street location. She also spoke about her interest in allowing automatic renewals for business licensure unless there are complaints. She questioned whether there could be a new category so she wouldn't have to fill out an entirely new application each year. Councilmember Duncan asked about such renewals and City Manager Everitt replied that every business must renew in June of each year, and acknowledged the difference between renewals and fresh applications. Special Events/Vendors/Beer Licenses: (2:39 on recording) Homecoming Parade Fee Waiver Approved Discussion: Councilmember Jones clarified that the Special Event permit for this event was approved administratively and the Council was solely being asked to approve a fee waiver of $10,350. City Manager Everitt agreed and explained the City's intention of being transparent about the "true cost" of special events, including personnel costs for road closures during parades. Councilmember Jones mentioned the vastly reduced cost impact of having the homecoming parade on 40o East at a cost of approximately $uoo. Councilmember Derasary asked about alternate routes. Representatives from the school district explained they did not want to reroute the parade from Main Street and Everitt explained the Main Street route required approximately 3o police officers and public works employees, whereas a route that does not travel down Main Street requires about ii employees. When asked by Councilmember Derasary, Everitt explained the street closures must be conducted by paid staff and not volunteers. Councilmember Guzman -Newton spoke about the value of tradition. She acknowledged that Main Street is changing and perhaps in the future the route could change to a shorter distance on Main Street. She acknowledged the public outcry that would result from changing the route and the public support for tradition. Councilmember Knuteson-Boyd stated she would not fight with it and she would not support it, because the cost of the fee waiver is a lot to ask taxpayers to pay. Councilmember Duncan asked if the monies were in the budget and City Manager Everitt responded the City would not cut a check from one department to another. Councilmember Derasary spoke about her interest in investing in the City's youth. Councilmember Jones stated he was inclined to support this waiver and he brought up that the City had suggested route alternatives which were rejected. He noted the City should incentivize changing the route and he acknowledged the struggle between traffic and tradition. Mayor Niehaus spoke about her interest in preserving "our Main Street" and stated it is a tradition. She concluded that she supports a route down Main Street and she supports a fee waiver. Motion and Vote: Councilmember Derasary moved to approve a fee waiver for a Special Event Application for the 2018 Grand County High School Homecoming Parade to be held on Friday, September 14, 2018 in an amount not to exceed $10,350. Councilmember Guzman - Page 4 of 5 August 28, 2018 Page 9 of 127 L 1-2 Minutes Newton seconded the motion. The motion carried 4-1 aye, with Councilmembers Derasary, Jones, Duncan and Guzman -Newton voting aye and Councilmember Knuteson-Boyd voting nay. Old Business: Ban of Single -Use Plastic Bags —Discussion City Attorney McAnany stated the revision presented was close to the original draft. He stated changes were made to clarify definitions, language and enforcement provisions. He noted penalties were civil and not criminal. He mentioned the roll -out period. Councilmember Jones mentioned an email from Brendon Cameron, Manager of City Market, who wrote that Kroger, the corporation which owns City Market, would eliminate all single -use plastic bags by 2025. Discussion ensued regarding whether businesses could charge for plastic bags, changing the name to "Single Use Plastic Bag Reduction Ordinance" and exemptions to the ban. Mayor Niehaus spoke about messaging and outreach to the community at a town hall meeting. Community Contributions —Discussion Mayor Niehaus suggested a change of deadline to October 15 for Community Contributions and keeping the Special Events Sponsorships deadline the same at February 1. Councilmember Derasary brought up free speech events and it was discussed that there are no charges for free speech events such as protest rallies for which the City has been reasonably notified. Councilmember Derasary also asked about how the City would manage the total budget fund split with two deadlines in October and February, and City Manager Everitt mentioned the possibility of a budget amendment later in the year. Derasary speculated that if the application deadline is changed to October 15, Council approval of funds would likely occur at the Council's first regular meeting in November. She asked about options for funding TrailMix and City Manager Everitt suggested discussing the matter beyond the scope of the meeting. New Business: Land Use Hearing Officer Appointment Approved Motion and Vote: Councilmember Duncan moved to approve an Agreement for Professional Services between Mary Woodhead and the City of Moab for the position of Appeals Authority Land Use Hearing Officer. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Approval of Bills: Councilmember Guzman -Newton moved to approve payment of bills against the City of Moab in the amount of $836,142.71. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus adjourned the meeting at 9:09 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 5 of 5 August 28, 2018 Page 10 of 127 L 1-2 Minutes MOAB CITY COUNCIL MINUTES --DRAFT SPECIAL CITY COUNCIL WORKSHOP MEETING AUGUST 29, 2018 Call to Order and Attendance: The Moab City Council held a Special Workshop Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Mayor Emily Niehaus called the meeting to order at 12:03 PM. In attendance were Councilmembers Kalen Jones, Rani Derasary, Mike Duncan and Karen Guzman -Newton. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, Senior Projects Manager Tracy Dutson, Records Specialist Eve Tallman, Planning Director Jeff Reinhart and Development Services Manager Sommar Johnson. Two members of the public and media were present. Conditional Uses in Residential Zones: The workshop consisted of a discussion between Planning staff and the Mayor and Council members regarding former conditional uses that are proposed changes for the residential zones and the R-1 zone in particular. Topics discussed included daycare facilities, group homes, parking demands and traffic concerns, accessory dwelling units, public facilities, churches and primary dwelling size. Discussion ensued regarding definitions and considerations such as parking and landscaping for units variously referred to as boarding houses, rooming houses, and bunkhouses. The Council agreed to further discuss this topic at a future meeting. During the meeting the following individuals expressed a potential conflict of interest: Mayor Niehaus, Councilmember Jones and Councilmember Guzman -Newton. Adjournment: Councilmember Guzman -Newton moved to adjourn the meeting. Councilmember Duncan seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman - Newton and Duncan voting aye. Mayor Niehaus adjourned the meeting at 2:06 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 1 of 1 August 29, 2018 Page 11 of 127 1-3 Minutes MOAB CITY COUNCIL MINUTES --DRAFT SPECIAL CITY COUNCIL WORKSHOP MEETING AUGUST 31, 2018 Call to Order and Attendance: The Moab City Council held a Special Workshop Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Mayor Emily Niehaus called the meeting to order at 9:00 AM. In attendance were Councilmembers Kalen Jones, Rani Derasary and Mike Duncan. Also in attendance were City Recorder/Assistant City Manager Rachel Stenta and Records Specialist Eve Tallman. Nine guests, members of the public and media were present. Presentation by Utah State University (USU) Moab Regarding the Future of USU Moab: The workshop consisted of a presentation by Dr. Lianna Etchberger, Executive Director of USU Moab and David Woolstenhulme, Vice Provost for Regional Campuses. Also representing USU were Dr. Rich Etchberger and John Chase, USU Regional Campus Manager. Dr. Lianna Etchberger reviewed enrollment and financial data for the campus, as well as degree programs offered and other data. She brought up that Mayor Niehaus sits on the local USU Advisory Committee and is a point of contact for City personnel. Mr. Woolstenhulme emphasized that the role of USU is to meet the needs of the Moab community and requested feedback to that end. There was a discussion regarding the value of having a distinct campus building. Mr. Woolstenhulme described various funding mechanisms which other communities have used to move forward with campus building construction, and emphasized the desire to keep tuition affordable and to provide scholarships. Dialogue included a comparison with other Regional Campuses including Vernal and Blanding and future unification across the state. Mayor Niehaus brought up the issue of water for the campus. Mr. Chase discussed the goal of highly efficient buildings and noted the satisfaction of other campus communities around the state including Tooele. Mr. Woolstenhulme reviewed the phased approach that may address future infrastructure conditions. Councilmember Duncan mentioned the concern that, more than the campus buildings, it will be the impact of proposed housing developments on adjacent property owned by the School and Institutional Trust Lands Administration (SITLA) that will impact the area's water supply. Duncan also brought up architecture that is affordable. Councilmember Jones turned the conversation to fundraising. Dr. Etchberger began with a description of the plan to build the initial campus building. Mr. Woolstenhulme described the monies available from USU for the approximately $10 million building, mentioning the five million dollars previously dedicated by USU and an additional $1.5 million being secured by the Extension agency. It was noted an additional $2 million will be locally raised in collaboration with the USU personnel. Mayor Niehaus recognized that the $2 million figure represents a relief from the previously understood $5 million local fundraising goal. Online learning was discussed and the future of virtual learning. Niehaus discussed the environmental advantages of telepresence. The attractiveness of Moab as a place to live for faculty was noted as a recruitment tool. Mr. Woolstenhulme cautioned that, once the money is made available, there will be an urgency to begin work on the construction. He also mentioned the ongoing costs for operations and maintenance (O&M) for the campus. He stated that, once the money is raised, construction could realistically begin in the Spring of 2020. Councilmember Duncan brought up the specter of a possible upcoming recession. Page 1 of 2 August 29, 2018 Page 12 of 127 1-4 Minutes Councilmember Jones brought up the sale of the existing campus building and how that sale figures into the fundraising effort. Duncan asked about potential donors from beyond Moab. Before her departure to another commitment, Councilmember Derasary expressed her support for the project and noted concerns about housing. Councilmember Duncan stated he was supportive, and mentioned his desire for lab facilities for local entrepreneurs who could work with students. He stated he is concerned about the adjacent SITLA growth plan. Councilmember Jones stated his support for the educational offerings and noted concern regarding coordination of economic development plans and requested clarification regarding the concept of a destination campus versus a regional campus. It was confirmed that the plan is for a regional campus, and that the USU role in economic development is the long-term goal of training the local workforce and providing research opportunities. Councilmember Jones mentioned his interest in the concept of USU fostering economic diversity with a business incubator function. Rich Etchberger mentioned the upcoming appointment of a new business faculty member. Discussion ensued about the prospects of establishing a public lands or natural resources policy institute at USU Moab. Mayor Niehaus expressed her support of the USU expansion and concluded with a confirmation that the City's role moving forward is to effectively communicate to the community that the local fundraising goal is $2 million, and that the City will communicate with SITLA about the City's concern about growth in the area surrounding the campus. The local collaborative effort to build the roadway infrastructure was mentioned. Adjournment: The meeting ended at 10:18 AM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 2 of 2 August 29, 2018 Page 13 of 127 1-4 Minutes Moab City Council Agenda Item Meeting Date: September 10, 2018 #: 6-1 Title: Approval of a Private Property Vendor License for Steven Lucarelli and Carrie Finn, d.b.a. Quesadilla Mobilla located at 95 North Main Street for a term of October 1, 2018 to November 30, 2018 and March 1, 2019 to September 30, 2019. Date Submitted: August 20, 2018 Staff Presenter: Chantel Lindsay Department: Treasurer Background/Summary: This applicant was approved for a Food Vendor license at this location last year. There were no issues with the previously approved license. Staff has reviewed the proposed application and finds that it meets the requirements of our Vendor Ordinance. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Private Property Vendor License for Quesadilla Mobilla at 95 North Main Street for a term of October 1, 2018 to November 30, 2018 and March 1, 2019 to September 30, 2019. Recommended Motion: "I move to approve a Private Property Vendor License for Steven Lucarelli and Carrie Finn, d.b.a. Quesadilla Mobilla located at 95 North Main Street." Attachment(s): Vendor Application Page 14 of 127 6-1 Special Events DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL — YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-51211 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $ (As DETERMINED BY RESOLUTION) LICENSE #: ZONE: . Qv a-•. , 4, MC 43(4k BUSINESS NAME: p p 1� BUSINESS PHONE: T 55-26a''LT 1 el BUSINESS MA I'NG ADDRESS: 11 4 pon 1 q ,i, Crrv: %' 1 Got STATE: U I ZIP: 8153 Z e-mail address: c1 L • J:4 �: %/4 ,+�;, 6; ��u �• rn u� �, ck,.�-► Location(s) where business will be conducted: Attach agreement of authorization from property owner(s) including employee use of Restroom Facilities IS f . frl Ki kk S-F, Length of time and/or specific dates business will be conducted: C)c+ ` Nov 2 0/8 Alekr,— 5eff, Z0/ ? Proposed hours of operation: rit- /tam Spe,t Type (see definitions): ❑ Cart ® Vehicle ❑ Display Apparatus Vendor Type (see definitions): ❑ Street Vendor in Sidewalk Vendor ❑ Private Property Vendor ❑ Local Vendor ® Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: Quh.fc�d;l(,j, pr BUSINESS OWNER'S NAME: 5-1'4!@n L,(Jaa�e# Ur 3v3-66 917$7 OWNER'S ADDRESS: 1114 f o; �; k ST. CITY: inr/a b STATE: f ZIP: 84-1532 OPERATORS NAME (IF DIFFERENT FROM OWNER): PHONE: OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: _ _ ZIP: SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): /�� NAME REGISTERED WITH THE STATE FOR TAX ID: �J t, rGj1 )14 ! rl € d & PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 15 of 127 6-1 Special Events DEFINITIONS: Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14.): Street Vendors, t: Sidewalk Vendors, Private property Vendors, and Food Vendors, Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. Y Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. i- Street Vendor: Any person travelling by vehicle, bicycle or other street legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. THIS FORM IS AN APPL.CATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN APPROVED BY THE MOAB CITY COUNCIL. ALL INFORMATION MUST BE ACCURATE_Y COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED IT IS A CLASS 'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE I/WE SN-euan Lue....re%l R C....m e F-7n et HEREBY AGREE TO CONDUCT SAD BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRIM NAMEI Si BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE. ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMAT,ON CONTAINED HEREIN IS TRUE. 1NVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND C WNER. INVE AGREE TO P LE THE PRDPER REPORTS WITH THE STATE OF UTAH Signature of Applicant E-Za -I�' Dale 6,20 018 7:;BUS'1;4tSS LI(`B.1,SF-S.BL'S LIC FORAIS'Bus Lie - !'entlur rer,scoulucx Page 16 of 127 6-1 Special Events VENDOR APPLICATION CHECKLIST L DESCRIPTION OF THE DISPLAY, APPARATUS OR CART (IF APPLICABLE) INCLUDING: DDIMENSIONS OF THE STRUCTURE a PHOTOGRAPHS OF STRUCTURE O SITE PLAN TO A SCALE OF NOT LESS THAN 9/8"EQUALS ONE FOOT SHOWING: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY ❑ LANDSCAPED AREAS WITH DIMENSIONS ❑ ALL EASEMENTS IMPACTING THE PROPERTY ❑ SIGN PLAN CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY ) ❑ BACKGROUND CHECK (IF PROPOSING OPERATION IN A RESIDENTIAL ZONE) i . FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM HEALTH INSPECTION REPORT (IF APPLICABLE) ❑ IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION, ALL APPLICANTS AND STRUCTURES MUST COMPLY / WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. D ZONING COMPLIANCE EVIDENCE COMPLETE ATTACHED COMPLIANCE FORM [ I ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER J ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) Er FIRE OR BUILDING INSPECTION (IF APPLICABLE) [J COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) i ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 6/20/2018 T:181 SINESS L10ENSES4BL .S Lf(' FORAMS1Bus Lie Vendor rev,sou doer Page 17 of 127 6-1 Special Events LICENSE APPROVALS MOAB CITY COUNCIL / AGENDA DATE: - j O - I t ❑ APPROVED In DISAPPROVED REASON(S): SPECIAL CONDITIONS' CITY PLANNING zrg APPROVED ❑ DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER oigmemaggiffmrolsirrri Fee Calculation: F' Mobile Vendor Fee Structure *waived for local vendors with permanent business addreSS in Grand County one time fee Administrative Fee* $600 C,Op Solid Waste Fee/Food vendors $10 cloper month or partial month Limited Term (less than 30 days) : $610 Flat Fee (includes administrative fee) Long Term (1 month-12 months) $20 / 8D per month (plus admin fee) - Of') 1?Total-Fee 6 20 2018 7:;113USINP.SS LICENSESi11 S LIC hORAIS`Ros tic - I'endor revisor docx Page 18 of 127 6-1 Special Events CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-51211 FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADD NG A NEW SERVICE(S) INDICATE SERVICE(S) ❑ OTHER, PLEASE EXPLAIN: BUSINESS NAME' BUSINESS ADDRESS: OWNERS NAME: Ts. S:. TYPE OF BUSINESS (EXPLA.N N DETAIL): r0 U Tr a r_ k BUSNESSPHONE. q3S `i6 26O-01t# OWNER`3 S PHONE 03 - (. --/ / y % THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQLIRED' © YES 13 No (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED DISAPPROVED CI REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION R,EOI IRED- © YES ICJ NO (SIGNATURE REQUIRED) IF YES, DATE .00F INSPECTION APPROVE )7 DISAPPROVED ❑ REASON SIGNATURE HEALTH INSPECTOR (435)259-5602 575 LANE CREEK BLVD INSPECTION REQUIRED: YES © No (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVEDDISAPPROVED ❑ ! REASON // Page 19 of 127 6-1 Special Events CITY OF MOAS 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-51 21 FAX (435) 259-4135 Property Owner Authorization Letter City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that I, bd ill iok/ Pe 74/ (propert) owner name) Date• 8 2d -I8 am the owner of the property located at y S N. M0,r, I understand that SLeoe t (property address and parcel tax 1() fl) L.cic �.re 1/1 has applied for a business license for (name of business Ircense applicant) 0u84'0,1116 AI (applicant business name) from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for em.loyees of the above listed business. Signare Telephone # Email Please list additional businesses authorized to use the above property and restroom facilities: Page 20 of 127 6-1 Special Events rcoY MOA B uity or moan 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: 1 I Name of Applicant: Stec 1 /co c_ // Business Name: Address. Phone: m o 4 11I C S 14, 303 W- 17417 UT 8y53 Z Email: Apesc. 1.'11d,/240L /1os. .-,,- Property Owner: �'�'-'��r P Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Street Vendor ❑Sidewalk Vendor © Private Property Vendor © Local Vendor ® Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 For &finirions): ° Cart Vehicle ❑ Display Apparatus Detailed description of business activities: Roo true. k GIN k s Total number oFoff-street parking spaces: 1 Hours of operation• 110, - 5 To be filled out by city: Zoning: U`, Allowed use per Moab Municipal Code section: 17. A4.0.9%0 Number of parking spaces required For permanent business: 1�IA Number of parking spaces required for other businesses. giA q'A •�� Zoning Administrator Date Page 21 of 127 6-1 Special Events SOON Street Parking Sidewalk Main St. Sidewalk 31' 30' Existing Sign Post CTables 25' Red Rock Lodge Sign 0 \ ❑ \I 0,.....-Tables ..,..., Tree Dumpyster Tree (s.) quesadilia Mobilla J Power outlets Gallery Moab 0 � Trask;Retiyti;;rig Cans Power Pole Storage Shed T Restroom Access Parking North 20' Alley 52' 411' Page 22 of 127 6-1 Special Events .r„w MS. • Ii111.1•1.,111 141 1. I:1=-1r. -6-1 •••./10...-- ar. sot: $11.1 5pecia _ - ?gip ••••• utsadi s. Mobi tta rs.k..LLAs -43U-260-0289 - . — ' QiJr3A L OM IL • Special Events %ID Page 23 of 127 Moab City Council Agenda Item Meeting Date: September 10, 2018 #: 6-2 Title: Approval of a Private Property Vendor License for Huseyin Deniz, d.b.a. Cafe Italiano, located at 83 South Main Street for a term of September 11, 2018 to September 10, 2019. Date Submitted: August 24, 2018 Staff Presenter: Chantel Lindsay Department: Treasurer Background/Summary: This applicant is seeking approval for a Private Property Vendor license at the Canyonlands Trading Post property at 83 South Main Street. Staff has reviewed the proposed application and finds that it meets the requirements of our vendor ordinance. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Private Property Vendor License for Huseyin Deniz, d.b.a. Cafe Italiano, located at 83 South Main Street for a term of September 11, 2018 to September 10, 2019. Recommended Motion: "I move to approve a Private Property Vendor License for Huseyin Deniz, d.b.a. Cafe Italiano, located at 83 South Main Street." Attachment(s): Vendor Application Page 24 of 127 6-2 Special Events BUSINESS MAILING ADDRESS .2- L 5 GCLts 2,4 CITY' e mall address: Cter12hue..,., �rl /001 Q_•,9_ _ t 3 Locallon(s) where business will be conducted: Attach agreement of authorization from property owner(s) Including employee use of Restroom Facilities DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL — YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STFiEET MOAB, UTAH $4532 (435) 259-5121 l FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: C/TY OF MOAB BUSINESS NAME: CA �F^ i -Trai ` BUSINESS PHONE; 84,'19_ LAM .1ZNC1 � STATE: Lk ZIP: 7i FEE' $ (AS DETERMINED BY RESOLUTION) LICENSE #: ZONE: S ,(),J3-1,\ Pain Stee_ - ij.,,,LID kiT Length of time and/or specific dates business will be conducted' On \ j f 19fA --• Cn\ 1 O 1 20 4g Proposed hours of operation. 09 ; r AA — A el -,co PP Type (see definitions): ❑ Cart Zkehicle ❑ Display Apparatus Vendor Type (see definitions): ❑ Street Vendor ❑ Sidewalk Vendor ❑ Private Property Vendor ❑Local Vend000d Vendor Goods, wares, services or merchandise to be sold or offered for sale. ,-,,... BUSINESS OWNER'S NAME: H I�SE r Ai 6 PHONE OWNER'S ADDRESS: _911.R°: l otl,i-Li ,21-1 t 1 . �1 OPERATOR'S NAME (IF DIFFERENT FROM OWNER): PHONE' OPERATOR'S ADDRESS OF DIFFERENT FROM OWNER): CITY: _ STATE: CITY: 4.4.r)ai-k STATE MlL g 2_ -4(') t_16 ZIP: 51 SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION); NAME REGISTERED WITH THE STATE FOR TAX ID: .UltAtjj _ i PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 25 of 127 6-2 Special Events DEFINITIONS: r Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. ✓ Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be cons?dered a display apparatus and shall not be used for vending purposes. • Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. r Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14* t, Street Vendors, o Sidewalk Vendors, c, Private property Vendors, and Food Vendors, .- Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. Private property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. • Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. Street Vendor: Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN APPROVED BY THE MOAB CITY COUNCIL. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED IT IS A CLASS 'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE INVE 1-4 4 [ _ y f r HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAMES: BUSINESS LICENSE REGULATIONS A ' Ef FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS. AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN I RU=. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION ANO OWNER OWE AGREE Tt FILE 1; ' POPER N- PORTS WITH THE STATE OF UTAH 4. , .., A _,.„ �.�Tr1 '� {y�i�'� 3d9 6.=11'UIN 7-'111.NIXNS!1('Ii_1J'!iS°lilfS1,1('!ORAISIthisLit-l'nebrreimm.ducy Page 26 of 127 6-2 Special Events VENDOR APPLICATION CHECKLIST qt DESCRIPTION OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING: ,gt DIMENSIONS OF THE STRUCTURE PHOTOGRAPHS OF STRUCTURE L� SITE PLAN TO A SCALE OF NOT LESS THAN 9/8"EQUALS ONE FOOT SHOWING: I I THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS I ` ALL STRUCTURES AND DIMENSIONS I ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES 1.1 LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY I I LANDSCAPED AREAS WITH DIMENSIONS 1 1 ALL EASEMENTS IMPACTING THE PROPERTY ❑ SIGN PLAN ❑ CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK (IF PROPOSING OPERATION IN A RESIDENTIAL ZONE) FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM ❑ HEALTH INSPECTION REPORT (IF APPLICABLE) IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. 171 ZONING COMPLIANCE EVIDENCE COMPLETE ATTACHED COMPLIANCE FORM ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) ❑ FIRE OR BUILDING INSPECTION (IF APPLICABLE) COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: ' 2411'?f11R 7' II311S1:1'FAS 1 Il'1:,kYES 11I :S 1.1(' FORA fSIBus Lx - lender remon doer Page 27 of 127 6-2 Special Events ��r r o l r . r L I C E N S E A P P R O V A L S M O A B C I T Y C O U N C I L Q A G E N D A D A T E : [ - / ` b r Y Q' A P P R O V E D Q' D I S A P P R O V E D R E A S O N ( S ) ' S P E C I A L C O N D I T I O N S : C I T Y P L A N N I N G A P P R O V E D Q' D I S A P P R O V E D R E A S O N ( S ) : C I T Y R E C O R D E R Q' A P P R O V E D I n D I S A P P R O V E D R E A S O N S ) L I C E N S E E X P I R A T I O N D A T E : S I G N A T U R E O F C I T Y R E C O R D E R F e e C a l c u l a t i o n : M o b i l e V e n d o r F e e S t r u c t u r e A d m i n i s t r a t i v e F e e * T $ 6 0 0 o n e t i m e f e e S o l i d W a s t e F e e / F o o d v e n d o r s $ 1 0 L i m i t e d T e r m ( l e s s t h a n 3 0 d a y s ) $ 6 L o n g T e r m ( 1 m o n t h - 1 2 m o n t h s ) $ 2 0 ' w a i v e d f o r l o c a l v e n d o r s w i t h p e r m a n e n t b u s i n e s s a d d r e s s i n G r a n d C o u n t y p e r m o n t h o r p a r t i a l m o n t h 1 0 F l a t F e e ( i n c l u d e s a d m i n i s t r a t i v e f e e ) p e r m o n t h ( p l u s a d m i n f e e ) T o t a l F e e E l m 6 : 2 1 1 ' 2 0 1 1 1 B . U . S I V S S / . K W 1 ' S ! _ S . B I T S ' L 1 C F O R M S B u s L i c - r e n d o r r e v r s o n d o c x P a g e 2 8 o f 1 2 7 6 - 2 S p e c i a l E v e n t s CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): ❑ OTHER, PLEASE EXPLAIN: BUSINESS NAME: CAFE 11'AANO BUSINESS ADDRESS: ?j SDLA TH k/l 41, ( N 5 i PE£ T OWNERS NAME: iuse -ti1.1 :661\!I- TYPEOF BUSINESS (EXPLAIN IN DETA�): -Food A'cvcr���, BUSINESS PHONE: 32 by19_ � OWNER'S PHONE THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APP BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUIRED' ❑ YES ❑ NO (SIGNATURE REQUIRED) 1F YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED. ❑ YES ❑ NO (SIGNATURE REQU RED) IF YES DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REAsoN SIGNATURE INTMENT FOR INSPECTIONS. EALTH INSPECTOR (435)259-5602 575 LANE CREEK BLVD INSPECTION REQUIRED KES In NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED DISAPPROVED ❑ REASON. otas Page 29 of 127 6-2 Special Events CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532.2534 (435) 259-51 21 FAX (435) 259-4135 Property Owner Authorization Letter Date' cC/`// City of Moab Treasurer's Office 217 E. Center St. Moab, t.:T 84532 This letter is to certify that I, D <3 (property owner name) v am the owner of the property located at I understand that (propert) address and parcel tax 111? if H (( t eiti uL 1�� name of business license applicant) has applied for a business license for (applicant business name) from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for employees of the above listed business. Signature Printed Name Telephone # Email Please list additional businesses authorized to use the above property and restroom facilities: 'D e— c,� 5'Y1 vl, ineeti3 (66,,L40t boy_ij Page 30 of 127 6-2 Special Events City of Moab 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Phone: (435)259-5121 Fax: (435)259-4135 www.moabcity.org Name of Applicant: u, S e n D e h I z Business Name: Ca - Address: 83 S f►'1 �� .� Phone: 83 a - (,8 a - '7 1 '1b Email: Property Owner: R o b erg- ��•� e. Vendor Type (see Moab Municipal Code Chapter 5.64.010 For definitions): ❑ Street Vendor CI Sidewalk Vendor ❑ Private Property Vendor ❑Local Vendor VFood Vendor Type (see Moab Municipal Code Chapter 5.64.010 For definitions): ❑ Cart ❑ Vehicle ❑Display Apparatus Detailed description of business activities: -Fau c IC Total number of off-street parking spaces: Hours of operation. 7 0o a rrx - / o rr\ To be filled out by city: Zoning: C9? Allowed use per Moab Municipal Code section: 11 9A'• 0o210 Number of parking spaces required for permanent business. Number of parking spaces required for other businesses: COV`i$ N Cot}I rpf 4"/Rtlikar Zoning Administrator :4 I ti Date Page 31 of 127 6-2 Special Events i r i 8s � o, � l J \t -- n1- } µ1 %; 1 Q r E 1 P' .7 ;� t; 0Q f _• -. i . " • x A fi 4SN n, t51 • r- rim S. — -aV-igt) zi.1.3 uuQ-1.5 12 �i LIg Page 32 of 127 6-2 Special Events 4 li o z -‹ .< v Page 33 of 127 6-2 Special Events 1 iALfAN0 Page 34 of 127 6-2 Special Events page 35 of 127 6-2 Special Events !ego iesoe `eiplew ego= bupondeo elle! eeigoo bueoyaure eelloo esnoti `ossaadsa 33dd00 Page 36 of 127 eueueg teao aoi eillum 'ossaads3 put% vil/y) e)ietis ttioog (ifeuoH tueueg puouw `opeaon y) 5ugettioAv (eueueg `aiddyid `o6uen 'ow euwo ) ifuuns beqmaijs `,41Japoeig tiecing tiequalopfneg eidpi 311110011S Page 37 of 127 Page 38 of 127 6-2 Special Events Moab City Council Agenda Item Meeting Date: September io, 2018 Title: Discussion about the Proposed Ban on Single Use Plastic Bags Date Submitted: August 22, 2018 Presenters: Chris McAnany Attachments: • Revised draft ordinance Possible Motion: I move to adopt Ordinance 2018-17, an Ordinance Adopting Section 8.04.065 of the Moab Municipal Code that Prohibits the Distribution of Disposable Single Use Carryout Plastic Bags. Background/Summary: The final version of the proposed ordinance is attached for consideration and possible adoption. 1 Page 39 of 127 7-1 Old Business CITY OF MOAB ORDINANCE NO. 2018-17 AN ORDINANCE ADOPTING SECTION 8.04.065 OF THE MOAB MUNICIPAL CODE, A PROHIBITION ON THE DISTRIBUTION OF DISPOSABLE SINGLE USE PLASTIC BAGS The following describes the intent and purpose of this ordinance. a. The City of Moab has an obligation to protect the environment and public health. b. The City's 2020 Vision: A Sustainable Moab Plan goal is to "increase the application of sustainable practices throughout the community," and the Sustainability Department's mission is to "preserve and conserve natural resources and promote a cleaner, healthier environment." c. Disposable single use plastic bags increase litter and adversely impact wildlife and water quality. d. Disposable single use plastic bags negatively impact recycling equipment and are a large source of contamination of recycling. Plastic bags are seldom recycled. e. Compostable plastic single use bags as currently manufactured do not solve the above -mentioned statements of litter and recycling contamination. These bags are manufactured to remain intact until placed in a professional compost facility. Compostable plastic single use bags are often mixed with non-compostable single use bags, which prevent them from composting. f. Alternatives to disposable plastic bags are readily available that are recyclable or reusable. g• The City possesses the authority, pursuant to U.C.A. § 10-11-1, to regulate the abatement of solid waste, and pursuant to U.C.A. § 10-1-203(2), to regulate businesses generally. NOW, THEREFORE IT IS ORDAINED by the City Council of Moab, Utah, that the Moab Municipal Code Chapter 8.04 SOLID WASTE is amended with the addition of the following Section 8.04.065. Page 40 of 127 7-1 Old Business 8.04.065 Disposable Plastic Bags Prohibited A. DEFINITIONS 1. "Disposable plastic bag" means a bag made from either non-compostable plastic or compostable plastic that is less than 2.25 mil in thickness according to ASTM D6988-08 or ISO 4593-1993 or ISO 4591:1992 standards, and which is provided by a vendor to a customer at the point of sale for the purpose of transporting goods or merchandise. The term "disposable plastic bag" does not include: a. Bags provided by pharmacists to contain prescription drugs; b. Newspaper bags, door hanger bags, laundry -dry cleaning bags, or bags sold in packages containing multiple bags and intended for food storage, garbage, pet waste, or yard waste; c. Reusable bags that are made of cloth or other machine washable fabric that has handles, or a durable plastic bag that is at least 2.25 mil thick with handles and specifically designed and manufactured for multiple uses. Reusable bags shall not contain lead, cadmium, or any other heavy metal in toxic amounts; or d. Bags used by consumers inside retail stores to: i. Package bulk items, such as produce, nuts, grains, candy or small hardware items; ii. Contain or wrap frozen foods, meat, or fish, regardless of whether the items are prepackaged; or iii. Contain or wrap flowers, potted plants, or other items where moisture may be a problem. 2. "Retail store" means a place of business that sells any goods or household items to the ultimate consumer including, but not limited to: grocery stores; convenience stores; drugstores; hardware stores; or similar outlets selling general merchandise of any kind, apparel, food (whether prepared or not), beverages, tools, recreational products, or the like. Retail stores include premises that may be operated temporarily, seasonally, or for a non-profit purpose. 3. "Owner" means a person, firm, partnership, corporation, or other entity that exercises control over a retail store. B. DISTRIBUTION OF DISPOSABLE PLASTIC BAGS PROHIBITED; ALTERNATIVES 1. It is unlawful for the owner of any retail store to distribute disposable plastic bags to customers at the point of sale. 2. The owners of retail stores are encouraged to provide paper bags, reusable bags, or boxes to customers. Page 41 of 127 7-1 Old Business 3. Retail stores distributing paper bags to customers shall use bags containing a minimum of forty percent (40%) recycled paper content. C. ENFORCEMENT 1. The City Manager or his/her designee(s) shall have the primary responsibility for enforcement of this Section. If the City Manager or his/her designee(s) determines that a violation of this Section has occurred, he/she shall issue a written warning to the owner or manager of the retail store indicating that a violation has occurred, and allowing a reasonable period of time, but not less than thirty (30) days, in which to cure or abate the violation(s). Subsequent violations of the Article shall be subject to the penalties set forth below. 2. A person violating this section shall be liable for a civil penalty as follows: a. A fine not exceeding two hundred fifty dollars ($250) for the first violation following a written warning within a one-year period. b. A fine not exceeding five hundred dollars ($500) for the second and each subsequent violation within a one-year period. c. The City may obtain civil injunctive relief, without requirement of bond, upon proof of three (3) or more violations within a one-year period. In any civil injunctive proceeding the City may also recover its reasonable attorney's fees and court costs. D. EFFECTIVE DATE 1. This ordinance shall take effect on January 1, 2019. Passed and adopted by the City Council of the City of Moab this day of , 2018. By: Emily Niehaus, Mayor Attest: By: Rachel Stenta, Recorder Date Page 42 of 127 7-1 Old Business CITY OF MOAB ORDINANCE NO. AN ORDINANCE ADOPTING SECTION 8.04.065 OF THE MOAB MUNICIPAL CODE, A PROHIBITION ON THE DISTRIBUTION OF DISPOSABLE SINGLE USE PLASTIC BAGS The following describes the intent and purpose of this ordinance. a. The City of Moab has an obligation to protect the environment and public health. b. The City's 2020 Vision: A Sustainable Moab Plan goal is to "increase the application of sustainable practices throughout the community," and the Sustainability Department's mission is to "preserve and conserve natural resources and promote a cleaner, healthier environment." c. Disposable single use plastic bags increase litter and adversely impact wildlife and water quality. d. Disposable single use plastic bags negatively impact recycling equipment and are a large source of contamination of recycling. Plastic bags are seldom recycled . e. Compostable plastic single use bags as currently manufactured do not solve the above - mentioned statements of litter and recycling contamination. These bags are manufactured to remain intact until placed in a professional compost facility. Compostable plastic single use bags are often mixed with non-compostable single use bags, which prevent them from composting. f. Alternatives to disposable plastic bags are readily available that are recyclable or reusable. g. The City possesses the authority, pursuant to U.C.A. § 10-11-1, to regulate the abatement of solid waste, and pursuant to U.C.A. § 10-1-203(2), to regulate businesses generally. NOW, THEREFORE IT IS ORDAINED by the City Council of Moab, Utah, that the Moab Municipal Code Chapter 8.04 SOLID WASTE is amended with the addition of the following Section 8.04.065. 8.04.065 Disposable Plastic Bags Prohibited A. DEFINITIONS Page 43 of 127 7-1 Old Business 1. "Disposable plastic bag' means a bag made from either non-compostable plastic or compostable plastic that is less than 2.25 mil in thickness according to ASTM D6988-08 or ISO 4593-1993 or ISO 4591:1992 standards, and which is provided by a vendor to a customer at the point of sale for the purpose of transporting goods or merchandise. The term "disposable plastic bag' does not include: a. Bags provided by pharmacists to contain prescription drugs; b. Newspaper bags, door hanger bags, laundry -dry cleaning bags, or bags sold in packages containing multiple bags and intended for food storage, garbage, pet waste, or yard waste; c. Reusable bags that are made of cloth or other machine washable fabric that has handles, or a durable plastic bag that is at least 2.25 mil thick with handles and specifically designed and manufactured for multiple uses. Reusable bags shall not contain lead, cadmium, or any other heavy metal in toxic amounts. or, d. Disposable paper bags; or e-d. Bags used by consumers inside retail stores to: i. Package bulk items, such as produce, nuts, grains, candy or small hardware items; ii. Contain or wrap frozen foods, meat, or fish, regardless of whether the items are prepackaged; or ++i—Contain or wrap flowers, potted plants, or other items where moisture may be a problem. 2. "Retail store" means a place of business that sells any goods or household items to the ultimate consumer including, but not limited to: grocery stores; convenience stores; drugstores; hardware stores; or similar outlets selling general merchandise of any kind, apparel, food (whether prepared or not), beverages, tools, recreational products, or the like. Retail stores include premises that may be operated temporarily, seasonally, or for a non-profit purpose. 3. "Owner" means a person, firm, partnership, corporation, or other entity that exercises control over a retail store. B_DISTRIBUTION OF DISPOSABLE PLASTIC BAGS PROHIBITED; ALTERNATIVES 1. It is unlawful for the owner of any retail store to distribute disposable plastic bags to customers at or before the point of sale. 2_The owners of retail stores are encouraged to provide recyclable paper bags, reusable bags, t l Formatted: Indent: First line: 0.25" or boxes to customers. g, 3. Retail stores distributing paper bags to customers shall use bags containing a minimum of A l Formatted: Indent: Left: 0.25", No bullets or numbering forty percent (40%) recycled paper content. Page 44 of 127 7-1 Old Business C. ENFORCEMENT 1. The City Manager or his/her designee(s) shall have the primary responsibility for enforcement of this Section. If the City Manager or his/her designee(s) determines that a violation of this Section has occurred, he/she shall issue a written warning to the owner or manager of the retail store indicating that a violation has occurred, and allowing a reasonable period of time, but not less than thirty (30) days, in which to cure or abate the violation(s). Subsequent violations of the Article shall be subject to the penalties set forth below. 2. A person violating this section shall be liable for a civil penalty as follows: a. A fine not exceeding two hundred fifty dollars ($250) for the first violation following a written warning within a one-year period. b. A fine not exceeding five hundred dollars ($500) for the second and each subsequent violation within a one-year period. c. The City may obtain civil injunctive relief, without requirement of bond, upon proof of three (3) or more violations within a one: -year period. In any civil injunctive proceeding the City may also recover its reasonable attorney's fees and court costs. D. EFFECTIVE DATE 1. This ordinance shall take effect on January 1, 2019. Passed and adopted by the City Council of the City of Moab this _ day of , 2018. By: Emily Niehaus, Mayor Attest: By: Rachel Stenta, Recorder Date Page 45 of 127 7-1 Old Business Moab City Council Agenda Item Meeting Date: September io, 2m8 Title: Resolution #35-2m8—A Resolution to Adopt Guidelines and Procedures for Community Contributions and Event Sponsorships Presenter: David Everitt Attachment(s): • Revised Community Contributions Overview and Proposed Guidelines • Revised draft resolution Suggested Motion: I move to approve Resolution 35-24318 -- A Resolution to Adopt Guidelines and Procedures for Community Contributions and Event Sponsorships. Background/Summary: During the FY19 budget deliberations, the City Council requested that staff propose a process by which the City could disburse funds to community organizations that provide services and programs to the residents of Moab as well as financially support certain special events in the City. The latest revisions reflect the Council's recent deliberations. 1 Page 46 of 127 7-2 Old Business CITY OF MOAB RESOLUTION NO. 35-2018 A RESOLUTION TO ADOPT GUIDELINES AND PROCEDURES FOR COMMUNITY CONTRIBUTIONS WHEREAS, Moab's municipal government has a desire to support the work of community -based organizations that benefit the residents of Moab; WHEREAS, existing procedures to provide support to community organizations and to waive fees for special events which benefit local non-profit agencies are problematic; and WHEREAS, the Moab City Council requested a revision to the process by which the City may allocate funds to community organizations that provide social services and cultural programs that benefit the residents of Moab. THEREFORE, be it resolved that the Moab City Council adopts guidelines and procedures for community contributions as outlined in the Community Contributions Program Overview and Guidelines: 2018-2019, to be updated and administered on an annual basis. Passed and adopted by action of the Governing Body of the City of Moab in open session on this loth day of September, 2018. SIGNED: ATTEST: Emily S. Niehaus, Mayor Rachel Stenta, City Recorder Page 47 of 127 7-2 Old Business CITY OF MOAB UTAH COMMUNITY CONTRIBUTIONS and SPECIAL EVENTS SPONSORSHIP PROGRAM Overview and Guidelines: 2018-2019 The City of Moab recognizes the value of local non -governmental organizations which provide specialized social services and cultural programs that benefit the citizens of Moab. As part of its budgeting process, the City Council may provide funds to support the Community Contributions Program and/or the Special Events Sponsorship Program. Every request will be considered but not all requests may receive funding. Organizations serving the residents of Moab are eligible to apply. Applications for funding will be considered annually. Total funding available for 2018-2019 is $85,000. DESCRIPTION OF PROGRAMS: The 2018-2019 Community Contributions Program provides funds to eligible community organizations for initiatives that benefit the residents of Moab. Typically, these initiatives will constitute services that the City of Moab does not provide on its own, and may include a broad range of social, cultural, recreational, or scientific endeavors. The 2o18-2o19 Special Events Sponsorship Program provides funds for those organizations which seek to defray expenses associated with locally -hosted special events. In the past, the City Council voted to waive certain special event fees upon request; this Sponsorship Program replaces the fee waiver option with monetary awards that may be used for any expense related to producing special events within the City limits. Some "Free Speech" events are exempt from this new process. In some circumstances, for -profit businesses may request a sponsorship if all proceeds from their special event benefit a local non-profit organization. ELIGIBILITY STANDARDS: To be eligible to apply for funds, a local business intending to donate to a local charity or a community organization must satisfy the following standards: (1) serve the residents of Moab; (2) intend to donate to or operate as a 5o1(c)(3) organization or other 1 Page 48 of 127 7-2 Old Business tax-exempt entity; (3) directly provide' the social, cultural, recreational, scientific program(s) for which funds are sought; and (4) not be a pervasively sectarian religious institution or requesting funds for specifically religious activities. General operating expenses are ineligible for consideration, although operating costs related to specific projects or programs are considered allowable expenses. For -profit companies may be eligible if all proceeds from funded projects are bestowed upon a qualifying local charity or City -authorized program. APPLICATION PROCESS: I. Completion of Application Form All interested organizations must complete an application, which will include: • Indication of Community Contributions request or Special Event Sponsorship request • Name and address of the organization (applicant is required to list the local branch if it represents a national or statewide organization.) • Description of community services provided. • Relationship of non-profit organization to the community. • Current membership figures and approximate number of Moab residents served by the non-profit organization. • Amount of funds requested. • Proposed project and budget plan for the use of the funds and indicate other proposed revenue sources. • Number of volunteers and volunteer hours provided by requesting organization for the project. • Proof of 5m(c)(3) status with a copy of the letter from the IRS or an explanation of tax-exempt status, or documentation demonstrating that all proceeds from the event will accrue to a tax-exempt entity. • A financial overview of the organizational budget for the past two years. Newly -established organizations will describe their up-to-date financials. • An explanation of overall organizational annual sources of revenue received by category (i.e., memberships, donations, government funding, grants). Individual donor names are not required. • Any applicant who received funds from the City in the past three years shall indicate the year the funds were received, the amount of funds received and '"Directly provide" means that the community organization conducts the social service(s) or cultural program(s) itself rather than through a separate entity to which it sub -awards monies. A community organization that is affiliated with a church, synagogue, mosque or similar entity shall not be deemed a "pervasively sectarian religious institution." 2 Page 49 of 127 7-2 Old Business document how the funds were utilized. This includes fee waivers and in -kind donations. II. Application Deadline Completed application form along with supplemental documents must be submitted by October 15, 2m8 for Community Contributions and between November 1, 2m8 and February 1, 2019 for Special Event Sponsorships. III. Evaluation of Applications and Selection Process Following the application deadline, the Community Contributions Ad -Hoc Committee will review and consider proposals from community organizations. Applicants may be asked to attend a public meeting to address the Committee, answer questions, clarify their use of funds, etc. All proposals will be evaluated to ascertain which organizations best meet the service and program needs that the City seeks to satisfy. Factors to be considered include, but are not limited to, the following: A. The organization's responsiveness in clearly stating the benefits to be derived by the residents of Moab, if funds are awarded; B. The number of Moab residents by age group served by the organization; and total number of clients served by the organization; C. The organization's history of providing community services to the residents of Moab; and D. The organization's financial need for public funds to service Moab residents. IV. Award of Funds Following the Community Contributions Committee's screening process, the Committee will report its findings and recommend a slate of awards to the Mayor and City Council for Council approval. V. Execution of Agreement Organizations selected to receive funds will be required to sign and execute an agreement with the City of Moab. NOTE: If award of funds is made, a recipient organization will be required to expend the awarded funds within one year of award. 3 Page 50 of 127 7-2 Old Business Moab City Council Agenda Item Meeting Date: September io, 2018 Title: A Resolution Supporting the 2018 Update to the Community Vision for Future Uses of the Moab UMTRA Project Site Date Submitted: August 22, 2018 Presenter: Russ Von Koch, Grand County UMTRA Liaison Attachments: • 2018 Community Vision Update • Draft resolution Possible Motion: I move to adopt Resolution 42-2018, a Resolution Supporting the 2018 Update to the Community Vision for Future Uses of the Moab UMTRA Project Site Background/Summary: The Site Futures Committee ("SFC") is a subcommittee of Grand County's Moab Tailings Project Steering Committee. Every 5 years, the SFC must update the Community Vision that identifies preferred future uses of the reclaimed tailings pile north and west of the Colorado River in Grand County. The 2018 Community Vision Update builds upon the 2013 initial community vision. Changes from 2013 generally result from more information about the site, recent public comment, and the efforts of the Site Futures Committee to further develop the vision. The proposed resolution provides a formal endorsement by the City Council of the SFC's update. 1 Page 51 of 127 8-1 New Business RESOLUTION 42-2018 A RESOLUTION SUPPORTING THE 2018 UPDATE TO THE COMMUNITY VISION FOR FUTURE USES OF THE MOAB UMTRA PROJECT SITE WHEREAS, on November 21, 2013, the Initial Community Vision for future uses of the Moab UMTRA Project Site was presented and recommended by the Moab Tailings Project Steering Committee (Steering Committee) to both the Grand County Council and the Moab City Council at a joint session; and WHEREAS, on January 21, 2014 the Initial Community Vision was approved by the Grand County Council through Resolution No. 3015 and by the Moab City Council on January 28t'', 2014 through Resolution #11-2014; and WHEREAS, the county and city resolutions both included the following provisions: Future Uses to Provide Social and Economic Benefits. It is the express intent of this initial vision, that any future uses of the Moab Site shall provide substantial social and economic benefits to residents of and visitors to Moab and Grand County. Periodic Updates. At least once every five years until the DOE determines final site disposition, the Steering Committee may direct the Site Futures Committee to review and update the Community Vision as needed using a public and agency input process, and to coordinate these reviews and updates with other planning processes. Notification of Substantive Updates. The Steering Committee shall notify the Grand County Council and the Moab City Council whenever a substantive update is made by the Site Futures Committee to the Initial Community Vision or any subsequent Community Visions for future uses of the Moab Site. Review and Approval of Substantive Updates. The Moab City Council and the Grand County Council reserve the right to endorse or reject any substantive future revisions to the Community Vision. Whereas, the Grand County Council requested that the DOE transfer ownership of the Moab Site to Grand County upon completion of the Moab Project and that the Moab City Council acknowledged that Grand County requested transfer of the Moab Site to Grand County; and Whereas: 1) The future uses proposed for the Moab UMTRA Project Site would bring about substantial social and economic benefits to residents of and visitors to Moab and Grand County; 2) The Site Futures Committee has completed the 2018 Community Vision Update as the first required five-year update following a coordinated public and agency input process Page 52 of 127 8-1 New Business and that the Moab Tailings Project Steering Committee has recommended adoption of the 2018 Community Vision Update; 3) Both Grand County and Moab City had representation during the process; 4) The Steering Committee has properly informed both the Grand County and Moab City councils about the proposed update; and 5) The future uses proposed by the Site Futures Committee represent another step towards completion of future planning for the Mill Site area as required in Grand County's Land Use Code through adoption of the 2001 Joint City of Moab / Grand County North Corridor Gateway Plan General Plan Amendment that designated the mill site as a Specially Planned Area. Now therefore, the Moab City Council hereby supports and endorses the 2018 Community Vision Update, as recommended by the Steering Committee, as guidance for more detailed planning required for the Specially Planned Area. Passed and adopted by action of the Governing Body of the City of Moab in open session on this 14th day of August, 2018. SIGNED: ATTEST: Emily S. Niehaus, Mayor Rachel Stenta, City Recorder Page 53 of 127 8-1 New Business North Moab Gateway Area After the Pile 2018 Community Vision Update For Future Use of the Moab Uranium Mill Tailings Remedial Action Project Site Results of a Process Conducted by the Site Futures Committee A Sub -committee of Grand County's Moab Tailings Project Steering Committee July 31, 2018 Norm Boyd, At -Large David Everitt, City of Moab Jennifer Jones, BLM Zacharia Levine, Grand County Tony Mancuso, Utah FFSL Saxon Sharpe, At -Large (Vice -chair) Amy Tendick, NPS Russell von Koch, At -large (Chair) Lisa Church and Rani Derasary, from the City of Moab, and Jason Johnson, from the Utah Division of Forestry, Fire and State Lands, served as alternate committee members. Gery Wakefield, from the NPS, used his GIS skills to bring our ideas to life on the 2018 map. Lee Shenton, Grand County UMTRA Liaison, prepared our meeting minutes and made many other helpful contributions to the 2018 Update. Page 54 of 127 8-1 New Business Bike Path Connector via Existing underpass Rail Statio Transit & Event Cente Access? Safety Wall Uranium Mining, Milling & Remediation Memorial 0 2018 Communi Vision Update Map River Bend Plaza Ac ess? �� _ /f? -' River Bend trr Plaza +W0a6 Canyon mash Food r rter Court Welcome 4rientaZ-N,,• ter & View�Plazas Deck bt_ q ood': rq�� Services a+�'� Play Areas allag re r Federal OlriceS Reflectto lc Swanrry Park -8 arses For Scale Spa 1,000 1 500 Feet Date: 7/30/2018 Event Center , Inland Beach ---/Siating/Game Pavillion i`-4-Maintenance Facility Sewage Treatment Facility; ..... ... Prospect: Community ark �I & •ink Prospector Park Access? 2,000 Boat Ramp & Pandng Bike Path Connector via Existing Underpass Viewpoint I-H -H Rail line Learning Trail Existing paved road _ Trailhead Parking F-1 Bike/Pedestrian Trail Conservation Easement Utility easements ODE Fresh Water Pond Current Scenic Buffer 7-11 Moab Carryon Floodplain (Current 100 yr) Potential Flood plain (Post Pile Removal) upland Management Area The 2018 Community Vision Update provides a concept of how the various uses derived through the Site Futures planning process might be located on the property. Considerable further planning and feasibility studies will be necessary prior to development. Page 55 of 127 2018 Community Vision Update For Future Use of the Moab Uranium Mill Tailings Remedial Action Site Introduction The 2018 Community Vision Update for the North Moab Gateway Area builds upon the 2013 initial community vision. Changes from 2013 generally result from more information about the site, recent public comment, and the efforts of the Site Futures Committee to further develop the vision. Proposed uses are shown on the 2018 Community Vision Update Map and further described in the text. The 2018 update adds additional details to the management policy and site design guidance. Examples include new guidance for coordinating with the Utah Department of Transportation on future access to the site and additional guidance for working with the Department of Energy (DOE). New sections address site constraints, commercial use, revenue, future consistency, property retention, and assumptions about the UMTRA project. The review of the community vision effort in the supplemental information section was expanded to include the 2018 update process as part of the chronology. The 2018 Community Vision Base Map is included to document site baseline changes presented to the public during the comment period and depicts most of the site constraints summarized below. The Vision is not a detailed site plan. It is a guide for the future planning required in Grand County's Land Use Code by adoption of the 2001 Joint City of Moab / Grand County North Corridor Gateway Plan General Plan Amendment. The amendment designated the mill site as a Specially Planned Area. Notes: For readability, the terms North Moab Gateway Area, Moab UMTRA (Uranium Mill Tailings Remedial Action) Site, "mill site", "site", and `project area" all refer to the same area of approximately 480 acres currently owned by the Federal government and managed by the DOE. For ease of description in the text, but not displayed on the site maps, the project area has been broken into two "Portal" areas that are located west and east of the Moab Canyon Wash (aka "Bloody Mary Wash'). The West Portal area encompasses the site of the tailings pile and adjacent land and the East Portal includes the site of the existing DOE administrative facility. For planning purposes, it is assumed that large portions of both portal areas will remain above the elevation of the 100 year floodplain after completion of site remediation excavation work. The 100 year floodplain and hillside management areas form the remainder of the property. Prospector Park is suggested as the name for the community park to link that facility to the mill site's history. The terms East Portal, West Portal, River Bend Plaza, Moab Transit Center, Moab Event Center, Moab Community, Event, Performance and Convention Center are working titles for the sake of convenience and do not infer any actual recommendation for place names 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 1 Page 56 of 127 8-1 New Business Public Comment and Response Fewer public comments were received for the 2018 community vision update than for the 2013 initial community vision. Comments were generally similar as in 2013, except in 2018 there was more support for uses that also serve residents. The Site Futures Committee was again impressed by the quality of the comments and the ideas expressed for future use of the site. With these comments in mind, adjustments were made to the uses proposed for the community park in the West Portal area and to the formerly titled commercial use area in the East Portal area to make the vision more community focused. Support in 2018 continued for trails, the community park, the outdoor event center, the orientation plaza, the welcome center, and the transit center. In 2018, advocacy for environmentally friendly development continued and requests were made for lots of shade. Use of the North Gateway area for federal offices and a dedicated commercial use area, had the lowest level of support. Other comments were against more congestion, additional hotels, chain -type businesses, lots of black asphalt, and, despite support in 2013, a stand-alone ice rink. The 2018 update retains the federal offices with a reduced footprint and now also proposes to use the location (and if built, also the offices) as a buffer between parking areas and the community park. Monitoring for future government interest in the offices is specified. If the offices are not built, the location could be utilized by expanding the neighboring use areas. The ice rink was moved to the community park for 2018, and when not frozen, would be function as a "reflection" pond. The concept of a "River Bend Plaza" is offered as an example of a potentially more resident -friendly use of the East Portal location identified in 2013 as the commercial use area. The golf course was removed from the list of potential commercial uses in the East Portal area in favor of the multiple alternative facilities suggested for the River Bend Plaza. In 2018, multiple comments suggested that affordable housing be included in the site design. While affordable housing is a concern, the 2018 update, like the 2013 initial community vision, does not provide for residential use at the site. This is due to potential health issues with long-term occupancy at the site of a former uranium mill and potential for flooding above the 100-year floodplain. Consideration of any overnight use (lodging) is deferred until final approval of the Department of Energy's project completion report when more information will be available about potential health risks and liability from such use. There were individual comments suggesting a large grocery store and a vehicle service complex to reduce congestion in town. In -town congestion while shopping for food and using vehicle service facilities needs to be addressed, but there may be alternatives and other locations more suitable. Both in -town congestion and housing must be addressed sooner than the North Moab Gateway site will be available for post remediation uses. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 2 Page 57 of 127 8-1 New Business Site Constraints For the 2018 update, the review of potential uses for the North Moab Gateway area attempted to accommodate a compatible mix of beneficial uses in a relatively small area. The total Moab UMTRA project area is about 480 acres and appears to be relatively vast in size. However, much of the area is within the 100-year floodplains of the Colorado River and Moab Canyon Wash, on steep hillsides, on a parcel of land donated to the Department of Energy with a conservation easement, or encumbered by highway, railroad, and utility rights -of -way (ROW). Some lands adjacent to the Colorado River may be Sovereign Lands of the State of Utah. The Utah Division of Forestry, Fire and State Lands is a participant in community vision process. Their concepts for future use of lands along the river are incorporated into the community vision recommendations for uses such as nature study, learning trails, a boat ramp, and riparian habitat and floodplain management. For the 2018 vision update, the Site Futures Committee considered about 114 total acres as potentially suitable for permanent structure development in the combined West and East Portal areas (95 and 19 acres respectively). This is a reduction of about 32 acres from the 2013 Vision. The more conservative 2018 estimate anticipates a possible loss of developable land in the West Portal area from potential remediation excavation work. This excavation work could extend to the depth of groundwater resulting in an increase in land area below the 100-year floodplain. The more conservative estimate also makes a smaller adjustment in the East Portal area where development between existing ROW routes is considered unlikely. The estimate of the developable area may change in fixture years depending upon the depth to which mill tailings remediation extends and alters site topography, how such excavation may change the floodplain area, fixture ROW use, and other factors not yet fully understood. For planning purposes, the locations of major facilities proposed in 2018 remain above the 100-year floodplain and / or changes in the size and locations of such facilities in future updates could compensate for possible unanticipated future changes at the project area. A significant constraint is that there is no possible use of groundwater from the site due to natural high salinity and lingering contamination. All water for use at the site will have to come from other sources. These factors are discussed in more detail in the main portion of the vision update. Also, please see the 2018 Community Vision Base Map for additional information. Recommended Site Uses The Prospector Community Park — (West Portal Area) Event Center. Reserve space for a multi -purpose outdoor Event Center southeast of the Transit Center to provide facilities for a variety of existing and new events such as car shows, non -motorized races, and outdoor concerts. Besides an enclosable performance stage and lawn seating, such facilities typically include parking, controlled entry, and an event service area with a ticket / administrative office, restrooms, and concession area for equipment rental and memorabilia. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 3 Page 58 of 127 8-1 New Business A food service area with a snack shack, food truck park, or an eventual food court could serve both community park users and event attendees and outdoor tables and grills would support both picnic and vendor use. Where venue location shifts are desirable, future use of the facility could potentially reduce congestion and noise in downtown Moab. Designing the event center ticket office to also function as a general Moab event registration facility, regardless of location, could further reduce downtown congestion. Play Area(s). Reserve space for multi -purpose "play" areas for children and adults. The play areas would form the core of the community park and be located between the transit center and the event center, but also wrap around the event center and border the riparian management area. The play areas connect other use areas while providing planning space for a variety of uses. Examples of potential facilities include: fitness and play structures for children and adults, a shallow reflection pond / winter time ice skating rink (no mechanical freezing planned), game board stations, climbing walls and rocks, slacklines, a bicycle pump track, and frisbee use. As community park space, the play areas could also be used for community celebrations and events and provide space for relaxation, picnicking, and enjoying art. Play area use would be supported by standard park type facilities such as restrooms, tables, grills, benches, and water stations. Reserve space in the southern end of the community park for a combination covered roller skating and game / sports pavilion. Markings for sports and games, such as pickleball, could be added to the facility for periods when it is not reserved for skating. Plan for support facilites such as restrooms, a water station, skate and game equipment rental, a wind shelter, and spectator seating. The facility could also be used for weddings and similar social events. Reserve space in the southern end of the community park for a small lake or swimming pool with an "inland" beach. The lake would be fully lined to prevent any contact with groundwater. Swimming and beach use would be supported by on -site staff, a water treatment and filtration system, permanent shade structures, changing areas, and possibly showers. Investigate the feasibility for a lake type facility, similar to that built at the Spanish Oaks Reservoir in Spanish Fork, Utah, but with a much smaller swimming area. It would be managed under controlled public health and safety conditions. Spanish Oaks is operated by the City of Spanish Fork. Another interesting example of a swimming pond is at the Buffalo River State Park in Minnesota. Retention of the DOE's existing freshwater water lines to the injection wells and sand filtration facility on the west side of Moab Canyon Wash would likely facilitate future water use in the West Portal areas, especially for uses in the community park including, but not limited to, the play areas, inland beach, and event center and possibly also for general irrigation and sewage services. Locate picnic areas between the play area and the event center and between the play area and the transit center to facilitate use of all three areas and also serve as waiting and gathering areas. Construct linear style shade structures between the play area and the transit center, and between the play area and the event center, to provide flexible space for all three areas. Reserve space for a boat ramp and parking area sited along the southern section of the property. This project would be in cooperation with the Utah Division of Forestry, Fire and State Lands. Note: additional study is necessary to determine the feasibility and location for the ramp and actual ownership of the lands along the river. The boat ramp area may be State Sovereign or relicted land. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 4 Page 59 of 127 8-1 New Business Transportation Facilities — (West Portal Area) Reserve space for a Moab Transit Center in the northeast portion of the project area. The transit center would feature a covered bus and shuttle loading area located below a combined indoor passenger services / waiting area and welcome center facility. A south -facing outdoor covered terrace with direct access from the passenger services area would provide a view over the adjacent shaded outdoor Moab area orientation plaza. The transit center would be served by a dedicated access road, include space reserved for expansion of the terminal, and be connected by covered or shaded walkways to the other major facilities of the North Moab Gateway Area. Parking management for the transit center would be integrated with that for the event center. The transit center could eventually serve destinations such as the East Portal area, Arches National Park, the Bar M Trailhead, the Lions Park Transit Hub, campgrounds and trailheads along the Colorado Riverway, Canyonlands Field airport, the City of Moab and Spanish Valley south to the Old Spanish Trail Arena. Parking would be shared by the transit and event centers. Space would also be reserved for long distance bus and van tours and services. Consideration should be given to fee rates that encourage visitors and residents to utilize the transit rather than park at the site. Both transit and parking will need revenue from fees to be sustainable. When appropriate, consider a discount pass program for residents. Reserve space for a future Moab passenger and freight rail station along the existing Union Pacific / UMTRA rail spur, south of the gantry crane parking area facility. When rail service to Moab is under active discussion, recommend that a rail stop at the airport also be considered and that a Moab -bound passenger and freight station be established at Crescent Junction, Thompson, or Green River. Evaluate the retention of existing rail sidings, such as at the Moab UMTRA site loading area and Crescent Junction unloading area, for future use. Coordinate post remediation rail use with the Union Pacific Railroad. As a safety measure for future rail use along the rail bench, recommend that the DOE retain the three concrete safety walls. Federal Offices — (West Portal Area) Reserve office space for the Moab -based federal land management and scientific agencies between the transit center and the community park. Include space for a small DOE Legacy Management office. Selection of this location provides for buffer type use between the transit center traffic and the community park. The area allocated for the offices is smaller than in 2013. The buildings would be elevated over an employee parking area for additional flood protection and could be of two-story design, which would reduce their visual impact, as the proposed site is well below the grade of SR 279. Access to the offices would potentially share a highway entry from SR 279 with community park visitors. Federal office visitors and park users would also likely share a common parking area. Monitor the need for reserving a space for the federal offices in future years. To date, co -location of offices for cost saving purposes has not occurred due to the timing of existing leases and the availability of office space in Moab. As of 2018, the National Park Service committed to a new 20-year lease at its present location, the BLM has a much shorter -term lease for its present space, and the Forest Service is using its property in Moab. Long term use by employees at a former uranium mill site and constructing such buildings within the probable 500-year floodplain are potential concerns that may favor other locations for the offices. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 5 Page 60 of 127 8-1 New Business River Bend Plaza — (East Portal Area) In 2018, public comments suggested that the parcel identified in 2013 as a commercial use area be more focused on providing amenities for residents. The following is an example of how the area presently used by the DOE for its administrative offices could be developed for more resident -friendly uses, while still providing revenue for support of the North Moab Gateway Area. Develop the "River Bend Plaza" to include an extensive shaded outdoor terrace with tables and small gathering areas that face south over the Colorado River and Moab Valley towards the La Sal Mountains. Some tables would also overlook a child's play area while others would offer views of several small outdoor performance venues. A food court would provide dining options at the plaza and a physically separated patio food and beverage area could provide an additional relaxation space. Other business opportunities could include an artist's village where artists create and display their work, and a community event, performance, and convention facility with an indoor amphitheater. The main use areas would be connected by covered walkways and an additional covered and / or shaded walkway on an adjacent electric shuttle "cart way" could connect the East Portal area with the Community Park in the West Portal area across Moab Canyon Wash (a feasibility investigation of this connecting route would be necessary). Major components of the East Portal area would be elevated to provide additional flood protection by building them over parking structures. See the Commercial Use and Other Revenues Sources sections below for guidance about revenue obtained from potential use of the area. Trails — (West and East Portal Areas) Provide for enhancement of public non -motorized access by extending the Mill Site Riverside Trail to form a loop around the property, constructing two trail connector routes from the Mill Site Riverside Trail to the Moab Canyon Trail, and developing parking for three Mill Site Riverside Trail trailheads. Enhance visitor enjoyment of the Mill Site Riverside Trail by paving one side for cycling and skating and providing a non -paved surface on the other side for walking and running. Increase the utility of the riverside trail for general public use, fitness, and event purposes by installing mileage markers and "you are here" maps similar to those provided by Trail Mix at trail junctions. Develop other non -motorized trails to connect the various use areas and to provide for public recreation and movement including, but not limited to: 1) Interior connecting trails from the Mill Site Riverside Trail to the main facilities at the west and east portal areas and between the community park in the West Portal and the East Portal. Consult with DOE regarding location of any existing or future DOE hardened routes (i.e., low water crossings) built for remediation work that may also have future potential for road or non -motorized route access, 2) "Learning" trails e.g., about floodplains, geomorphology, plants, and animals to portray the site's history, resources, and values (in cooperation with the Utah Division of Forestry, Fire and State Lands); and 3) "Exercise or fitness trail type facilities" at appropriate locations along the non -motorized trails and /or within or near the Play Area. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 6 Page 61 of 127 8-1 New Business Information Facilities — (West and East Portal Areas) Develop a staffed indoor welcome center adjacent to the transit center's passenger services area to provide information to area visitors and transit users. The welcome center could be operated as a "sister" facility of the Moab Information Center, but would not replace the Moab Information Center as that facility serves visitors to downtown Moab. Construct a series of shaded orientation plazas leading south from the welcome center towards the event center. The plazas would feature informational and educational exhibits that introduce visitors to the Moab area including the site's history as a uranium mill. The displays closest to the transit center would cover nearby recreation opportunities and available services including transit options. As visitors move south through the orientation plazas, the focus of the exhibits would change to provide information about the facilities at the community park and performances at the event center. Install "you are here" information kiosks to guide visitors throughout the project. Transit schedules would be posted at these kiosks to help visitors plan their time at the site. Construct a "uranium memorial" in the orientation plaza area. The memorial would be dedicated to those individuals and families affected by the exploration for uranium and its mining, milling, and remediation on the Colorado Plateau and inform visitors about this aspect of the region's history. Reserve space for an interpretive area viewpoint on the dike of the freshwater pond with a trail connection from the Mill Site Riverside Trail. Design the interpretive area to cover the area's natural features and restoration during the remediation project and legacy management. Consider protective fencing or signage, as appropriate, for facility protection and public safety (e.g., "No Swimming). Construct a view area outside the railroad ROW near the site proposed for the rail station. Pending development of the rail station, manage the existing DOE haul road to the rail line as part of the access to the interpretive view area. Design the view area as an introduction to the Moab Valley by highlighting the major sights visible including the La Sal Mountains Construct a non -motorized trail to the view area as a spur route from the Mill Site Riverside Trail as a project independent of the rail station. Picnic Areas — (West and East Portal Areas) Plan picnic areas between the transit center and play area, between the play area and the event center and near the food service areas. Individual picnic tables and benches would be located within the community park, along the Mill Site Riverside Trail, and other locations as appropriate. Parking — (West and East Portal Areas) Provide parking and related access to serve the major facilities in the North Moab Gateway Area, the three Mill Site Riverside trailheads, and the boat ramp. Provide a designated motor coach parking area and, if necessary, a shaded waiting / meeting area for passengers and drivers. Charge parking fees as a source of site management revenue. Premium parking under covered structures (e.g., with with rooftop solar electric cells) should be charged a higher rate. Where appropriate, build elevated low -profile parking structures at multiple locations as a means of raising the elevations of buildings and other costly features to reduce the risk of flood damage at locations above the probable 100- year floodplain. Consider a discount parking pass program for residents using the community park. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 7 Page 62 of 127 8-1 New Business Recognize that parking space will be finite. As use of the site grows, the available parking may not be able to accommodate all users. Future management should actively encourage visitors, site employees, and residents alike to leave their vehicles at their lodging, campsite, or home and take local transit or the North Moab Bike Path to North Moab Gateway Area. Parking for unhitched private trailers for more than a day may not be available. Parking for long haul trucks passing through Moab has not been planned. Landscaping — West and East Portal Areas Begin landscaping efforts by utilizing and protecting the vegetative cover established through the decades of site remediation work by the DOE. Construction efforts and site planning should emphasize minimal disturbance of vegetation for scenic, erosion prevention, weed management, and dust control purposes. Where disturbance is necessary, implement effective vegetation restoration measures as quickly as possible. Following site development, actively guide site users to walkways and other managed surfaces such as play fields, trails, and specialized use areas to protect vegetation. Develop botanical management areas at key spaces bordering major public use sites. Botanical management areas would utilize concentrations of native plants for beautification and education purposes. Manage them collectively as a quasi botanical garden where site visitors could learn about the types of regional native plants, their environmental values, and techniques for gardening in areas with limited water availability. Considered continued use of DOE's existing compost site for soil amendment and reduction of organic waste. When appropriate, develop a shade tree plan for the site with the objective of planting trees at locations where they will provide shade at key public spaces as early as possible during future development of the site. Utilities and Site Maintenance — West and East Portal Areas Provide water and sewer service as needed to support site uses in partnership with the Arches Special Service District. Coordinate with the Arches Special Service District regarding any future use or removal of the existing leach field that services the DOE administrative site. Reserve a site on the southern end of the West Portal area for a future enclosed -type sewage treatment facility. Consistent with sewer line gradients, elevate the operational components of the facility to reduce potential damage from higher than 100-year floods. Emphasize conservation of culinary water (e.g., by encouraging off -site food preparation) and sewer use (e.g., by specifying low flow washroom fixtures and low flush toilets) throughout development of the project to reduce the expense of providing these utilities and conserve associated resources. Reduce the need for irrigation water for landscape maintenance by specifying drought tolerant native plants where practicable. Transfer the mill site's existing water right for use of Colorado River, subsequent to a property title transfer, if any, to the successor governmental entity for beneficial use at the property. Water for use at the site for both culinary and non -culinary purposes is expected to come from the Colorado River using the existing water right allocated to the mill site. To reduce costs, treat and distribute water for culinary purposes separately from water for non -culinary uses, such as irrigation use, as allowed by state law. Strive for efficient water use at the site while maintaining the water right. If feasible after future site uses are met, consider if a portion of the water right might potentially be available for other beneficial future community uses. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 8 Page 63 of 127 8-1 New Business Reserve approximately one-half acre for a site maintenance facility in the southern portion of the west portal area. It would include a small building with office space and indoor storage for tools, equipment, and weather sensitive building materials. An outdoor fenced area would provide space for secure vehicle parking and temporary storage of project building materials. Management Policies and Site Development Guidelines Rights -of -way and Deed Restrictions Recognize that existing rights -of -way (ROW) uses for roads, the railroad, and utilities will continue. Given the combination of a lack of alternatives due to topography and the limited availability of land for other routes in the north Moab region, work with ROW holders and proponents to assure that new or expanded ROW uses give full consideration to the resource and public use values of the North Moab Gateway area. Seek cost-effective solutions through location, design, and reclamation to reduce the short and long term visibility and disruption of site use from new or altered ROW uses, especially where they are visible from the highways and major observation points at the mill site. Work with ROW holders to 1) accommodate the Mill Site Riverside Trail, 2) build two parking areas for trailheads to provide non - motorized trail connections from the Mill Site Riverside Trail to the Moab Canyon bike path along the U.S. 191 corridor, 3) build a third trailhead from SR 279, and 4) to possibly accommodate a section of the Mill Site Riverside Trail within the SR 279 ROW. Adhere to the following warranty deed restrictions applicable to the former "Policaro" property located at the southern section of the planning area as part of the acquisition of the parcel by the DOE in 2011: Said property, including all accreted lands accruing to the benefit of the property, shall be managed in a manner that is consistent with the intended public transportation and recreational uses of the adjacent property now or formerly known as the United States Department of Energy Moab Mill Site UMTRA Project, provided however, that no greater than twenty-five percent of the total property's area east of State Highway 279 may be used for roadways, parking areas, trailhead and interpretive kiosks, and restroom facilities with the remainder of the property restricted only to passive non -motorized recreational purposes such as open space, hiking and bicycling trails, wildlife and birding viewing areas, boat launch, and picnic areas. Notwithstanding the foregoing, roadways existing at the time of this grant and the United States Department of Energy's existing monitoring wells are permitted improvements and uses of the property and are inclusive of the twenty-five percent area referenced above. Note: It will be necessary to coordinate with the Utah Division of Forestry, Fire and State Lands to help delineate the ownership of all lands near the river, where ownership was established at the time of statehood, as well as relicted lands accruing to the State of Utah since the original parcel survey. In the interim, work with the Division to plan uses and management consistent with its general goals for the conservation management of Sovereign Lands and contribute to the development of the Division of Forestry, Fire and State Land's comprehensive management plan for the area. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 9 Page 64 of 127 8-1 New Business Floodplain Management Prohibit residential use both within the 100-year flood plain and the probable maximum flood area. This is a continuation of policy approved for the 2013 community vision. Create the Moab Canyon Wash / Colorado River Floodplain Management Area (100-year flood plain level). Generally manage this area to encourage riparian vegetation, reduce the presence of invasive plants, reduce the impact of routine flood events, and support compatible trail, wildlife, educational, scientific and river uses. Allow non -disruptive research and monitoring. Limit use of lands within the 100-year flood plain to flood resistant, low cost, or easily replaceable facilities, such as trails, view and observation areas, picnic sites, and a boat ramp. Such restrictions would not apply to the continued use of the DOE wells used for on -going groundwater management or their possible future conversion to other beneficial uses. Plan major facilities and structures only in areas above the 100-year flood plain. Revise the boundary of the 100-year floodplain area as necessary to conform to the future topography of the site through its alteration by remediation related work. Consider special construction methods, such as elevating major buildings over parking structures or fill, for the purpose of further reducing the potential for damage to buildings from flood damage. Factor in elevation above the 100-year flood plain level, trends in river flow, and the type, value, and expected life span of the structures. Prepare a flood evacuation plan to secure facilities, protect the Colorado River from contamination, and provide for public safety. Monitor flood risk as the site is developed. Visual Management Create the Upland Management Area. Manage the hillside area along SR 279 and U.S. 191 within the planning area for scenic retention and, where necessary, restoration of vegetation and ground cover for erosion control. Allow view area, road, trail, and rail uses specified elsewhere in the vision while also seeking to reduce their impact where practicable. Where ROW uses are necessary, or must be modified, work with the ROW holders to reasonably minimize their visual impact, restore vegetative cover, and reduce erosion as soon as practicable. Allow non -disruptive research and monitoring. Manage transitional areas between site facilities and highways U.S. 191 and SR 279 to buffer the developed areas of the site from transportation and utility uses and provide shade along some sections of the Millsite Riverside Trail adjacent to the highways. See above for working with ROW holders. Plan development of facilities so that the viewshed opened up by the removal of the tailings pile is not compromised by the building of structures. When considering placement, size, and height of structures avoid skylining and impeding the view across the north end of the valley as seen from U.S. 191 and SR 279 with particular emphasis upon protecting the view as seen when entering Moab Valley from the North. For structures built at the site of the former tailings pile, none should be higher than SR 279. Consider actual height limitations in future years as more is learned about the eventual topography of the site following remediation work. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 10 Page 65 of 127 8-1 New Business Energy Generation and Resource Conservation and Use Integrate low profile, on -site solar electric generation into buildings and parking structures to provide for on -site energy needs. Consider new technologies as they become available, e.g., solar building and window surfaces, solar asphalt etc. Actively work to reduce energy use during the development and operation of the site by seeking out and utilizing technologies to reduce power demand for lighting, heating, cooling, irrigation, and other site uses. Utilize proven technologies for outdoor lighting and site illumination to help protect the night sky views from adjacent lands in nearby Arches National Park. Utilize a dual water system to reduce the volume of culinary water needed on the site, i.e., fully -treated water for culinary purposes, and as allowable, partially -treated river water for sewage and irrigation purposes. Use porous "paving" systems where practical for walkways, parking areas, and low traffic roads, to increase water infiltration and reduce heat absorption. Install recycling collection facilities on -site to reduce overall energy use and encourage site users to reduce, reuse, and recycle to minimize landfill use. Include shade from structures and trees as part of the design of outdoor walkways, small performance venues, and waiting, seating, exhibit, and gathering areas to reduce heat loads. Use the fugitive dust map for DOE's Moab UMTRA project as an indicator of the potential state of site re -vegetation at the end of the surface remediation work. Use the DOE's storm water management plan for the Moab UMTRA site as an aide for siting buildings and other structures and for planning future re -vegetation work. Evaluate the feasibility of locating a future community renewable energy facility (e.g. wind and/or solar) at the Crescent Junction DOE disposal facility. If necessary, work with the Bureau of Land Management to secure long term use of all or a portion of the public land currently withdrawn by DOE for public purpose use. Working with the Department of Energy Support the DOE's groundwater remediation efforts to meet public health and safety objectives. Such work would include continued maintenance and use of the freshwater pond and related pumping and water distribution equipment. This project work would help to maintain the site's existing water rights and the viability of the pumping and distribution system for potential post UMTRA public use. Support continued use and maintenance of the existing "Yellowcake Road" as a starting point for post surface remediation access to the West Portal area. Recognize that DOE may need to use the existing route, or a convenient substitute, for DOE Legacy Management groundwater operations and monitoring on a low frequency basis for many years. Subsequent to a future property title transfer follow all deed restrictions mandated by the DOE. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 11 Page 66 of 127 8-1 New Business Radiation -related Considerations Initially plan use of the entire site for day use occupancy only (no overnight lodging) until there is compelling evidence that overnight use is safe and the potential danger of injury from such occupancy does not represent an unacceptable liability risk to a future non -DOE owner of the property. If necessary, re-evaluate the potential for possible overnight use at the site following release of DOE's Interim Completion Report, the normal subsequent evaluation of the report by an independent third party, and any consequent additional work by DOE. The Interim Completion Report is expected to include a map of residual radiation levels. In the meantime, continue working with DOE to learn more about clean-up progress and potential residual risks. Also consult with local participants at other UMTRA sites where DOE has released former mill sites for community use to learn from their experience. Require that appropriate radiation safety deed restrictions are included as part of any future transfers of title to the Moab UMTRA site. See Grand Junction's Las Colonias Park as an example. Require soil testing to confirm residual radiation levels, if any, prior to construction of high use facilities, high occupancy area, and structures with enclosed spaces such as the event center, the convention center, and the play area. Where residual radiation above local background levels is found, consider the addition of clean fill to a depth generally sufficient to protect long term day use occupants, such as employees and staff. Additionally monitor for radiation in enclosed structures and require radon monitoring equipment and positive ventilation systems for enclosed spaces to further reduce the potential for injury and liability. Assure periodic inspection by DOE Legacy Management of the property for radiation after transfer. Work with the DOE to establish clean fill storage stock piling areas accessible from highways U.S. 191 and SR 279. It is understood that access to the areas would be subject to all procedures required by DOE including, but not limited to, construction of interior fencing, installation of gates, security of locks and keys, vetting of providers and personnel, access periods, and inspections of vehicles and materials. Establishment of designated clean fill areas would facilitate accumulation of clean fill from various non - site project work and reduce the subsequent cost of providing clean fill in future years with road construction and major building projects the most likely sources of clean fill. Prohibit the use of groundwater from the site due to the long term prospect for continuing groundwater contamination from radioactive material, heavy metals, as well as ammonia and the natural highly saline properties of the groundwater at the site. The prohibition includes, but is not limited to, groundwater uses for irrigation, dust control, cleaning, and similar uses. A possible exception could be considered if DOE Legacy Management finds it necessary to continue groundwater management using a facility that treats groundwater sufficiently to return it to the Colorado River. In such a case, it may be feasible to utilize treated groundwater for irrigation purposes. Prohibit future uses that would adversely impact the groundwater remediation process. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 12 Page 67 of 127 8-1 New Business Coordination With the Utah Department of Transportation Work with the Utah Department of Transportation to: 1) Consider the location of future site highway entrance and exit needs along US 191 and State Route (SR) 279 and related traffic control measures to safely and efficiently serve the North Moab Gateway Areas. There are perhaps three leading potential main highway access points. The first one is from US 191 via the existing DOE administrative site entry road for service to the East Portal Area including the River Bend Plaza and the northern trailhead for the Mill Site Riverside Trail. The second entrance would likely be from State Route 279 using a new entrance south of the Moab Canyon Wash Bridge. It would serve the transit center, the event center, and perhaps the western Riverside Mill Site Trailhead if that parking area is not directly accessible from SR 279. This entrance is expected to have the highest volume of traffic with relatively high peaks prior to and after event center use and during popular visitation times for transit uses. The third entrance would be farther south on SR 279 and serve the community park, the southern Riverside Mill Site Trailhead, the boat ramp, and, if built, the federal land management agency offices. 2) Review the potential for including a section of the Mill Site Riverside Trail within the SR 279 ROW. 3) Coordinate future non -motorized access to the mill site from the existing Moab Canyon Bike Path to the proposed Mill Site Riverside Trail, and 4) Consider strategies to reduce potential noise and visual impacts to the site from the potential construction and operation of a Moab Bypass route utilizing S R 279. Commercial Use Consider commercial use management partnerships and leases for the use of property and facilities at the North Moab Gateway Area to provide public services where such services are necessary and appropriate. Publicly advertise for services through requests for proposals and evaluate offers considering both benefits and costs. Examples could include provision of transit, parking management, bike rental, food and beverage service, development of rental facilities, sales of tickets, visitor information materials and convenience items and the use of performance areas, meeting rooms, convention venues, and other spaces. Use revenue from arrangements with commercial entities to help offset the costs of operations, maintenance, management, and improvements in the North Moab Gateway Area. Other Revenue Sources Non-commercial use revenues raised directly by a successor governmental entity for the managment, operation, use, or improvement of the North Moab Gateway Area, including, but not limited to, grants, donations, rentals, leases, fees, and sales as well as any tax revenue raised to support the area by a successor governmental entity shall be expended for the benefit of the area. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 13 Page 68 of 127 8-1 New Business Consistency of Proposed Future Uses with the Community Vision Regardless of the purpose of future proposed non-commercial or commercial uses, any new governmental entity, and successor governmental entity, receiving title to the property, should such an acquisition occur, must evaluate future uses for consistency with other uses of the site and the general purposes of the community vision for use of the Moab UMTRA site. Retention of the Property Given that any fixture transfer of title to the property is expected to be for public use and free of charge or only of a nominal charge, any governmental entity receiving future title shall retain ownership of the property indefinitely for the purposes of carrying out the community vision, except if a future additional title transfer is to another governmental entity for the same purpose. The approval of ROW's for utility and transportation uses determined necessary for the well-being of the citizens of Moab and Grand County may be granted where consistent with the overall community vision. The Community Vision Process The 2018 Community Vision Update builds upon the 2013 Initial Community Vision. As was the case in 2013, the 2018 update is a collaborative effort of the Moab Tailings Project Steering Committee (MTPSC) and stakeholder representatives through appointment of its Site Futures (sub) Committee. The Site Futures Committee (SFC) includes members representing Grand County, the City of Moab, the National Park Service, the Bureau of Land Management, the Utah Division of Forestry, Fire and State Lands, and three appointed citizens "at large". To date, the process has obtained community input through three public comment periods and an open house or workshop during each comment period. In 2018, the SFC again utilized public input and member perspective to refine the community vision for beneficial future uses of the Moab Mill Site. Approval of the initial community vision by the Grand County and Moab City councils requires that the vision be updated every five years. The MTPSC is delegated responsibility in Grand County Resolution 2992 to "discuss and develop strategies for the future use of the Moab Site." In early 2013, the MTPSC established the Site Futures Committee ("SFC") to develop a shared community vision of future uses of the Moab Mill Site. The SFC hosted a public workshop on May 15, 2013 to educate the public and held a public comment period to generate suggestions for future site uses. The SFC integrated the public and agency suggestions into four alternative concepts for the site. It then held a second public workshop on September 18, 2013 to introduce the four alternatives and a second public comment period on the alternatives. The Initial Community Vision incorporated citizen and agency input to provide a conceptual guide for future development of the site. The Initial Vision included transportation and public information facilities, community park -type uses with an event center, a location for commercial visitor -related facilities, and space for future natural resource agency offices with attached research and educational facilities. The Initial Community Vision was recommended to the MTPSC and unanimously approved at their public meeting on November 13, 2013. MTPSC presented the recommended concept as an Initial Community Vision on November 21, 2013 at a joint meeting of County and City Councils and the resolutions were approved at separate meetings of each body in January of 2014. The resolutions required updating the vision every five years. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 14 Page 69 of 127 8-1 New Business In accordance with the requirement to update the community vision, the Site Futures Committee began work on the 2018 update following discussion at the April 24, 2018 meeting of the MTPSC. The SFC reviewed site and community changes since the Initial Vision, met with DOE, and toured the UMTRA site. It prepared a current base map for public review, updated SFC information on the county's website, hosted a comment period from May 14 through June 15 with an open house on May 31, and provided for on-line comment and written comment. Comment opportunities were advertised by news release, newspaper advertisement, radio interview, and radio public service announcement. The SFC summarized and reviewed comments and utilized many of them, along with SFC member input, to prepare the 2018 update. As mentioned under the public comment section above, the 2018 update focuses more on uses that would benefit residents than the 2013 initial vision and further refines management policy and site design guidance. In late July, the SFC forwarded its recommendations for the update to both the MTPSC and the DOE for review. On July 31, 2018, the SFC submitted its recommendation for the 2018 update to the MTPSC. What Happens Next? Following approval by the MTPSC, the Grand County and Moab City councils may consider endorsing the 2018 community vision update at subsequent meetings. Why Now? There is no firm date when site remediation work will be completed at the Moab UMTRA site or a guarantee that the DOE will transfer title to the site for community use. However, a conceptual vision for future uses of the site provides several interim benefits: 1) A demonstrated interest in future uses of the site provides justification for continued funding of the Moab UMTRA Project at a level adequate to support year-round operations. Winter operations at the Project were curtailed in 2012 and 2013 due to funding constraints. 2) The vision may allow DOE Environmental Management to accommodate future uses if they can do so within their approved scope of work, and particularly if Environmental Management can reduce costs. For example, the UMTRA project scope would likely include de -commissioning the paved haul road to the railroad loading area as part of site restoration. However, the Initial Community Vision includes use of the road to access a view area and the passenger and freight rail terminal. The road underpass under SR 279 is also proposed as part of the route for a trail connection with the Moab Canyon non -motorized trail. 3) The community vision process provides input to guide the future planning for the Mill Site area required in Grand County's Land Use Code through adoption of the 2001 Joint City of Moab / Grand County North Corridor Gateway Plan General Plan Amendment that designated the mill site as a Specially Planned Area. 4) Continued updates and local support provide justification for transfer of the site from the DOE for community purposes. 5) The 2018 Community Vision Update will be available for the Utah Division of Forestry, Fire and State Land to consider as input for the future management of lands along the Colorado River that may potentially fall under its jurisdiction as it develops its comprehensive management plan for the Colorado River. For further information see Grand County's website at moabtailings.org 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 15 Page 70 of 127 8-1 New Business Supplemental Information The Moab UMTRA Project The U.S. Department of Energy's Office of Environmental Management (`BM") is conducting remediation and reclamation of the site of the former Atlas Minerals uranium mill and tailings. The 480- acre site is 3 miles north of downtown Moab on the bank of the Colorado River and adjacent to Arches National Park. This project is a Uranium Mill Tailings Remedial Action ("UMTRA") site authorized by Congress and funded by annual appropriations. UMTRA Project Considerations Planning for future community use of the Moab UMTRA site is carried out with the understanding that: 1) The topography of the site following completion of surface reclamation is uncertain, 2) The projected 100-year floodplains of Moab Canyon Wash and the Colorado River may be expanded or altered by excavation work associated with remediation work, 3) It may be necessary to excavate portions of the tailings site down to groundwater levels and groundwater remediation will likely extend many years beyond the completion of surface remediation, 4) Groundwater will never be available for use due to its high salinity and lingering contamination, 5) It is recognized that the approval of supplemental standards for the DOE means that certain areas will not be remediated or may only be partially remediated. Such areas include utility, highway, and road rights -of -way, areas with steep slopes, areas within Arches National Park, and some areas managed by the Bureau of Land Management. The decisions to complete less than full remediation in these areas considered agency input, the level of contamination, the frequency of public use, worker safety, and also in the case of utilities and highway infrastructure, the practicality of remediation, 6) The DOE's normal budget for the project is strictly for remediation and related purposes. Preparation of the site in support of locally planned potential future site uses would only be allowed at best if such action is cost neutral or cost saving to the project (e.g., leaving a road or pumping station in place for future use if it would otherwise be reclaimed). DOE may consider site enhancement projects and studies, funded by non -departmental monies, consistent with completion of remediation work, 7) Projecting the DOE's FY 2018 base budget for the site forward, it is estimated that transportation of tailings to the Crescent Junction disposal site might be completed around 2034. Final site clean-up work, de -mobilization, completion of reports by DOE Environmental Management, and transfer of operational control to DOE Legacy Management could take several additional years. If it occurs, the actual legal transfer of the property title to a local entity for the proposed beneficial public uses might take several additional years, and 8) Future funding changes could reduce or extend the date for which a potential transfer of the site for future use might occur. If the DOE decides to relinquish title to the site following completion of UMTRA work, the site might be transferred to another federal agency, the State of Utah, or, if still available, to local government. The assumption of such an ownership transfer is being conducted for planning purposes to enable Grand County, Moab City and other stakeholders to prepare for such an eventuality should it occur. 2018 Community Vision Update, North Moab Gateway Area, Moab UMTRA Project Site, July 2018 16 Page 71 of 127 8-1 New Business Rail Station Safety Wall Uranium Mining & Milling Memorial 2018 Communi Vision Base Ma Swanny Park —8 acres Far Scale 0 500 1,000 1,500 2,000 Feel Date: 5/24/2018 Viewpoint? 1 1 1 1 1 Rail line Learning Trail Existing paved road _ Trailhead Parking Bike/Pedestrian Trail Conservation Easement Utility easements DOE Fresh Water Pond Current V///1 Cep 3 Scenic Buffer O Moab Canyon Floodplain (Current 100 yr) Flood plain (100 yr) WM Potential Flood plain (Post Pile Removal) Upland Management Area The 2018 Community Vision Base Map documents site baseline changes presented to the public during the 2018 comment period. Page 72 of 127 Ciro OF MOAB UTAH Rachel Stenta <rstenta@moabcity.org> Re: Putting UMTRA Updated Community Vision & resolution on August 14 mtg agenda 1 message Rani Derasary <rerasary@moabcity.org> Mon, Aug 20, 2018 at 12:23 PM To: Emily Niehaus <emily@moabcity.org> Cc: Russell Von Koch <rvonkoch@grandcountyutah.net>, David Everitt <deveritt@moabcity.org>, Rachel Stenta <rstenta@moabcity.org> Thanks for moving this forward Emily and all. In case it's useful info for a City agenda summary, the Aug 7 County packet info on this item (P) begins on page 225 here: https://www.grandcountyutah. net/AgendaCenter/ViewFile/Agenda/_08072018-874. The Aug 7 agenda summary (p225) was of course catered to the County's role, but NB: the MTPSC (Moab Tailings Pile Steering Committee) did recommend at their July 31, 2018 meeting that both the City and County Councils endorse the 2018 Community Vision Update. If you'd like to reference the City resolution that paralleled the County's in 2014 (endorsing the original community vision) that was City Resolution #11-2014. Thanks! Rani On Mon, Aug 20, 2018 at 10:04 AM, Emily Niehaus <emily@moabcity.org> wrote: Russ - Thank you for reaching out. We will schedule your presentation for the Council's September 10th meeting. Thank you for sharing the attached documents with us as well. They will be included in the packet. Please let me know if there are any other materials you would like to share with the Council. Best, Emily Emily S. Niehaus Mayor CITY of MOAB 217 East Center Street Moab, UT 84532 Office: 435-259-5121 www.moabcity.org On Aug 2, 2018, at 11:52 AM, Russell Von Koch <rvonkoch@grandcountyutah.net> wrote: Good Morning Rani, Page 73 of 127 8-1 New Business Thanks for working towards getting consideration of the 2018 Community Vision Update for future use of the Moab UMTRA site on the City Council's calendar. I am available to present the 2018 Update to the council on August 14 if that date is scheduled. A 30 minute session should suffice for a presentation. Attached are copies of the 2018 Update endorsed by the Moab Tailings Project Steering Committee and a draft resolution for endorsement of the vision. Please contact me if I can be of any assistance. Best regards, Russ Russell W von Koch Grand County UMTRA Liaison 125 East Center St, Moab, UT 84532 435 259 1795 (office) 435-260-1910 (cell) From: Rani Derasary [mailto:rderasary aAmoabcity.org] Sent: Wednesday, August 1, 2018 11:44 PM To: emily(a�moabcity.org <eniehausamoabcity.org>; Russell Von Koch <rvonkoch@orandcountyutah.net> Subject: Putting UMTRA Updated Community Vision & resolution on August 14 mtg agenda Emily, In 2013 when the initial Community Vision for future use of the UMTRA project site was completed, the City and County each passed resolutions endorsing it. The Site Futures Committee is required to update the vision every 5 years. The 2018 Community Vision Update has just been completed, and the Moab Tailings Project Steering Committee voted unanimously at our July 31, 2018 meeting to endorse it and send it on to the Councils. So, Grand County UMTRA Liaison Russ von Koch needs a slot at one of our upcoming meetings to present the Vision Update and resolution for a Council vote. My understanding is he will be going to the next County Council meeting to present to them. I don't know what our August 14 agenda looks like but wanted to suggest we consider adding him to that one. What do you think Emily? Russ, I'll let you chime in here (and correct me if I got any details wrong so far) - would 30 minutes be enough to present the updated vision and resolution? I believe we'd make sure both the vision update and resolution were included in the Council's agenda packet so they would have had time to review in advance. Emily, FYI, Russ does have a draft resolution. Thanks! Emily, please let me know how I can help make a slot for this possible. Rani Page 74 of 127 8-1 New Business Rani Derasary, Member Moab City Council cell: 435-210-1647 email: rderasary@moabcity.org Rani Derasary, Member Moab City Council cell: 435-210-1647 email: rderasary@moabcity.org Page 75 of 127 8-1 New Business AGENDA SUMMARY MOAB CITY COUNCIL MEETING September io, 2018 Agenda Item #: 8-2 Title: Proposal to appoint Denver Perkins to the Water Conservation and Drought Management Advisory Board Presenter: Mayor Niehaus Department: Administration Summary: In a unanimous vote at their regularly -scheduled meeting of August 8, the Water Conservation and Drought Management Advisory Board nominated City resident Dr. Denver Perkins for the Mayor's consideration to present to the Council for confirmation. Options: Confirm or deny. Mayor's recommendation: Confirm Recommended Motion: "I move to confirm the appointment of Denver Perkins as a member of the Water Conservation and Drought Management Board for a renewable term commencing upon approval and expiring December 31, 2020, in accordance with the bylaws of the Water Conservation Board." Page 76 of 127 8-2 New Business Dear Water Board Members: May 17, 2018 Below are the application communications from three applicants for the Water Board. There are two vacancies, one of which may be filled by a non -City resident. Rosemarie met with Denver Perkins and gives a favorable review. If you are amendable, I request that you vote on recommendation(s) to the Mayor at the June 13 Water Board meeting. April 6, 2018 (Non -City Resident) To whom it may concern, Please accept this letter as my formal application for the Water Conservation Advisory Board. I have a great interest in this position for many reasons. First, I see this as an opportunity to have a voice in the decision making process for matters related to water conservation. This is a very big deal as the land and water here in Moab in very precious and what we do with it affects us all. The community here in Moab is unique and I'd be honor to have this opportunity to serve the community. Although I have no prior experience in this area, I am interested in the planning process and local government issues. I feel as though it's crucial to stay current with community issues and to know what's going on in the city. I am very excited to learn more about this opportunity and share how I will be a great fit for the Water Conservation Advisory Board. Thank you for your time and consideration. John Pratt April 27, 2018 (Non -City Resident) Eve, I'd like to apply for the "county" position on the Water Conservation Board. I spent five years with the New Mexico Environment Department enforcing groundwater, surface water, and a wide variety of additional environmental regulations (State and Federal). I've also spent 25 years with both the Department of Energy and the Department of Defense investigating and remediating contaminated groundwater. John Gould April 23, 2018 (City resident) City of Moab, Attn: Mayor Emily Niehaus Dear Ms. Niehaus, I read of the current vacancies on the Moab City Water Conservation and Drought Management Board in a March issue of the Ad-Vertiser. My name is Denver Perkins; my address is Moab, Utah, 84532. That is my residence and it is within the city limits of Moab. I retired from the Army and moved to Moababoutsixyearsago.The many interlocking issues of water distribution, land use, and the protection of the environment in the midst of severe and rapid climate change have been ofgreat interest to me since I first arrived in this lovely valley. Although I spent about 30 years as a doctor working in a fairly technical field (Anesthesiology), I have no specific experience in hydrology, urban planning, or environmental science. What I feel I have to offer is interest, the ability to learn technical material, and the free time to devote toward working with the Board's more experienced members to achieve the Water Conservation Goals set forth in the Moab Water Conservation Plan Update of 2016. Thank you for your consideration of this request. Denver Perkins Page 77 of 127 8-2 New Business CITY OF MOAB ORDINANCE NO. [DRAFT FOR COUNCIL DISCUSSION 9-6-18] An ordinance adopting new Chapters 17.68, and 17.69 of the Moab Municipal Code providing for Planned Affordable Developments (PAD), and an Assured Workforce Housing Policy, respectively, and renumbering existing Chapter 17.769, Secondary Dwelling Units, as Chapter 17.70. The following describes the intent and purpose of this ordinance. a. [Findings to be inserted here] NOW THEREFORE, the City enacts new Chapters 17.68 and 17.69, and existing Chapter 17.69, Secondary Dwelling Units, is renumbered as Chapter 17.70. Chapter 17.68 PLANNED AFFORDABLE DEVELOPMENT Sections: 17.68.010 Purpose 17.68.020 Definitions 17.68.030 Permitted Locations 17.68.040 Allowable Densities 17.68.050 Performance Standards 17.68.060 Application Review Procedures 17.68.070 Submittal Requirements 17.68.080 Subdivision and Site Plan Requirements 17.68.090 Miscellaneous Provisions 17.68.100 Appeal Procedures 17.68.110 Development Improvements Agreement 17.68.120 Affordability Controls 17.68.130 Land Use Restriction Agreement and Covenants 17.68.140 Impact Fees 17.68.150 Enforcement 17.68.010 Purpose A. The purpose of this Chapter is to allow Planned Affordable Developments (PAD) that provide incentives for the development of affordable housing. To qualify as PAD affordable housing units within a development are subject to deed restrictions that preserve the affordability of the units for a period of not less than fifty (50) years. The affordability controls provided in this Chapter are voluntary, entered into by contract between the City and the applicant in exchange for the zoning concessions authorized herein. 1 Page 78 of 127 8-3 New Business B. As applicable to PAD developments, the provisions of this Chapter supersede any conflicting or inconsistent provisions which may be found elsewhere in the Moab Municipal Code. 17.68.020 Definitions A. The following definitions apply in this Chapter: 1. "Adjacent" means a parcel of land that shares a boundary with the parcel of real property included in an application under this Chapter. 2. "Advisory Documents" means planning documents adopted by the City from time to time, including: the Moab General Plan; Storm Water Management Master Plan; Sanitary Sewer Master Plan; Water Storage Distribution Master Plan; Natural Hazards Pre - disaster Master Plan; or similarly adopted planning documents. 3. "Affordable Housing' means housing developed pursuant to this Chapter in which the sales price of the lot or unit, or the rental rate for each unit, does not exceed the sums deemed affordable to individuals and families with annual incomes of one hundred percent (100%) or less of Grand County Area Median Income (AMI), as determined by the U.S. Department of Housing and Urban Development (HUD) and the requirements of this Chapter. a. "Moderate Income" means household income which is between eighty percent (80%) and one hundred percent (100%) of Grand County Area Median Income as defined by HUD. b. "Very Low Income" means household income which is less than fifty percent (50%) of Grand County Area Median Income as defined by HUD. 4. "Affordable Housing Unit" means a unit of housing that is affordable to individuals and families with annual incomes of one hundred percent (100%) or less of Area Median Income within Grand County as calculated by HUD. 5. "Area Median Income (AMI)" means the published estimate of median income in Grand County that is determined periodically by HUD, as adjusted for household size. 6. "Construction Requirement" means the requirement that new commercial uses construct a specified number of affordable housing units pursuant to the formula specified by Section 17.69.050. 7. "Dedication Requirement" means the conveyance of real property for affordable housing purposes as provided by Section 17.69.060. 2 Page 79 of 127 8-3 New Business 8. "Development" means new construction or remodeling of buildings or real property. 9. "Development Review Team (DRT)" means the committee of City employees including the Planning Director, Public Works Director, Building Official, and such other persons as may be designated by the City from time to time. 10. "Developer" means a person offering affordable housing units developed pursuant to this Chapter for lease or rent to eligible persons. 11. "Development Improvements Agreement (DIA)" means a written agreement between an applicant for a Planned Affordable Development and the City of Moab containing specific requirements to ensure the construction of specified public or private improvements, the phasing of construction, and security to ensure completion of improvements as a condition for Final Plat/Plan approval. 12. "Fee in Lieu of Construction or (FILC)" means the fee payable in connection with new commercial development in lieu of the construction of affordable housing, as specified in Section 17.69.040. 13. "Final Approval' means the approval, with or without conditions, given by the City Council, providing the necessary authority for an applicant to: a) in the case of a PAD subdivision, record the Final Plat and convey subdivision lots; or b) in the case of a PAD rental development, proceed with development of rental units. 14. "Final Plat" means a map of a subdivision under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, public/private improvements, and other attributes of a PAD subdivision. 15. "Final Site Plan" means a map of a rental development under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, and other attributes of a PAD rental development. 16. "Finished Floor Area" means the total in square feet of all heated interior spaces of a commercial development, inclusive of common areas, stairways, elevators, and service areas. 17. "Household" means a person living alone, or two or more persons, whether related by blood or marriage or not, who reside together in a single dwelling unit. 3 Page 80 of 127 8-3 New Business 18. "HUD" means the United States Department of Housing and Urban Development. 19. "Land Use Restriction Agreement (LURA)" means a contract between the City of Moab and an affordable housing Developer or Subdivider which is recorded as an encumbrance upon the real property to be developed, and which provides for continued enforcement of the affordability provisions of this Chapter for a duration of not less than (50) years. A LURA shall run with the land and be binding upon the parties and their successors in title, as provided by its terms. 20. "Lot" means a tract of land defined in an approved plat which is developed for housing and which may be conveyed to a buyer by deed. 21. "Market Rate" means a housing unit offered for sale or lease which is not subject to the affordability controls of this Chapter. 22. "Monitoring Agency" means the City of Moab, or its designee, charged with monitoring and/or enforcement of the affordability provisions which accompany any affordable housing developed pursuant to this Chapter, including any LURA provisions. 23. "Original Purchase Price" means the actual sales price for affordable housing units developed under this Chapter calculated as follows: principal, interest, taxes, and insurance (PITI) on the unit shall not exceed thirty percent (30%) of the Grand County AMI for a household of four (4) divided by twelve (12) months. Assumptions used to calculate the OPP shall be i) a five (5) percent down payment; ii) a thirty (30) year mortgage term; and iii) a mortgage rate equal to the prevailing First Home rate, or its equivalent, of the Utah Housing Corporation (or similar agency). 24. "Overnight Accommodations" means short term rentals for a period of less than thirty (30) days provided to visitors, tourists, or similar persons who do not have a long-term residence in Moab or Grand County. 25. "Public Dedication" means streets, sidewalks, parks, open space, trails, or other areas of land or improvements to be dedicated to public use under this Chapter. 26. "Preliminary Plan" means a map of a rental development proposed under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD rental development. The Preliminary Plan shall include such other submittals as to planned improvements as are required by this Chapter. 27. "Preliminary Plat" means a map of a subdivision development proposed under this Chapter which has been surveyed by a licensed professional land surveyor and 4 Page 81 of 127 8-3 New Business acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD subdivision. The Preliminary Plat shall include such other submittals as to planned improvements as are required by this Chapter. 28. "Preliminary Approval' means an approval, with or without conditions, given by the land use authority that provides the necessary authority for an applicant to proceed with the preparation of the Final Plat or the Final Plan. 29. "Project Area" means a defined tract of land, including all subsequent development phases, that is proposed for a PAD development application, together with any lands planned for commercial development which are subject to Chapter 17.69. 30. "Setback" means the minimum distance from a specified boundary that a structure or other feature must be located. 31. "Subdivider" means any person creating a subdivision pursuant to this Chapter and offering affordable housing units or lots for sale to eligible persons. 32. "Subdivision" means a described tract of land that has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, that describes two or more lots which may be conveyed to buyers, and that accurately depicts streets, alleys, easements, blocks, lots, survey monuments, and other attributes of a proposed PAD subdivision development. 33. "Site Plan" means a described tract of land proposed for rental development under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD rental development. 34. "Unit" means a residential dwelling containing, at minimum, a kitchen, bathroom (sink, toilet, and a shower or bathtub), bedroom (or sleeping area), living area, parking, and storage space. A residential unit may contain more than one bedroom, depending upon the needs of the development and the housing market. Each housing unit shall be defined to have non-exclusive access to common elements within the particular development. 17.68.030 Permitted Locations and Housing Types A. Subject to the provisions of this Chapter, Planned Affordable Developments shall be allowed in the following zoning districts: 1. Residential Zones: R-2, R-3, R-4, MH/RV-1 zones; 5 Page 82 of 127 8-3 New Business 2. Commercial Zones: C-1, C-2, C-4, and C-5 zones. B. Housing types for a PAD developments shall conform to the types permitted in the underlying zoning district, except that apartments or similar multi -family housing types shall be permitted in PAD developments in the R-2 zoning district. 17.68.040 Minimum Project Area; Subdivision Lot Sizes A. Provided that all requirement of this Chapter can be met, there is no minimum project area required for a PAD development. B. Provided that all requirements of this Chapter can be met, there is no minimum lot size for lots within a PAD subdivision. 17.68.050 Performance Standards A. Affordability Concept. All applications shall provide housing which contains a combination of one bedroom (or studio), two bedroom, and three bedroom units. The application shall demonstrate that the units for sale or rent qualify as affordable housing, as defined by this Chapter. Market rate units shall not exceed twenty percent (20%) of total units in the project area. Units developed under this Chapter (including affordable and market rate units) shall not be used or offered as overnight accommodations. B. Minimum Unit Sizes. All housing units developed under this Chapter shall contain, at minimum: a kitchen; bathroom, including a sink, toilet, shower (or bathtub); bedroom (or sleeping area); living area; parking; and storage space. Housing units may contain multiple bedrooms or other functional spaces as needed. All housing units, and rooms within those units, shall comply with applicable building code minimum requirements, including the International Residential Code, as adopted by the State of Utah: Room Requirement Habitable Rooms: 70 square feet Min. Dimension: at least 7 feet Min. Height: 7feet Areas Under 5' High: excluded from room area calculation 6 1. Page 83 of 127 8-3 New Business C. Height of structures. The maximum building height of all buildings in a PAD development shall be as follows: R-2, R-3, and R-4 Zoning District: 30 feet C-1, C-2, C-4, C-5 Zoning District: 40 feet 1. Building height shall be measured from the average finished grade of the building to the midpoint of the highest peak of the roof. D. Setbacks; Adjacent Solar Access. Except as necessary to preserve solar access, as set forth in subsection 1, below, the front, back, and side setbacks of a PAD development relative to other properties shall be provided by the underlying zoning district. 1. PAD developments may be required to provide additional setbacks where necessary to provide adequate solar access to adjacent properties located immediately to the north of the project boundary. E. Open space/Common Facilities. Projects shall include opens space for residents consistent with the size and scope of the project area. Open space, such as landscaping, recreation areas, entryways, commons spaces, bicycle racks, and setback areas shall comprise not less than five percent (5%) of the project are. Required parking spaces, stairways, elevators, and hallways shall not be calculated as open space. F. Stormwater. Projects shall include engineered plans for the detention and conveyance of reasonably anticipated storm -water attributable to the project. Storm -water conveyances shall not connect to sanitary sewers. G. Sidewalks/trails. PAD developments shall incorporate elements to facilitate pedestrian and bicycle access. Sidewalks are required along at least one side of all public street frontages. Trails may be required to connect to existing or planned trail systems or public streets. H. Parking. Vehicle parking shall be provided at a rate of one (1) off-street space per studio or single bedroom unit. Units having two or more bedrooms shall have parking of not less than one and one-half (1.5) spaces per bedroom. Parking areas shall be located within the perimeter of the building envelope. Hard-scape semi -permeable materials may be used for parking spaces, where appropriate. I. Lighting. Adequate lighting must be provided for public spaces and common areas. Light fixtures shall consist of a full cutoff, fully shielded, downward directed fixtures. Wall mounted flood lights that direct outward toward other properties and roadways are prohibited for this function. 7 Page 84 of 127 8-3 New Business J. Manufactured housing. All manufactured housing to be utilized in developments under this Chapter shall comply with all other provisions of the building code. K. Culinary Water/Sewer. All dwellings shall be served by municipal culinary water and sewer service. Fire flows shall be provided and hydrants installed in conformity with building codes and fire department requirements. L. Streets. Developments shall provide adequate public street access to each dwelling. All streets within an application shall be hard surfaced or paved and constructed in conformity with City design specifications, as determined by Staff. Streets shall include concrete curb, gutter, and sidewalk, and be configured to allow adequate vehicle and emergency access. Streets shall be designed to promote efficient circulation and connectivity to other parcels and the remainder of the City street system. Street signage must be installed consistent with staff requirements. M. Utilities. Applications must include a utility plan showing feasibility and placement of electrical, telephone, cable, and internet services. N. Site Specific Elements or Standards. Depending on the scope of the project area, the City may require that site -specific design elements or standards be incorporated into an application as needed to address public safety, recreation, construction requirements, access, connectivity, or future phases of development. O. Storage. Each dwelling unit shall be provided with separate, lockable storage space which is proportionate to the size of each unit. P. All applications shall demonstrate substantial consistency with Advisory Documents. The land use authority may deviate from Advisory Documents on a case by case basis upon a showing of good cause. Q. PAD subdivisions shall include the sale of an affordable housing unit together with a lot, unless exempted by the terms of a development agreement. 17.68.060 Application Review Procedures A. General Procedures PAD applicants shall comply with the following review procedures. 1. Pre -application Meeting. A pre -application conference shall be held with planning staff to discuss the proposed development concept, likely development issues, and the requirements of this Chapter. 8 Page 85 of 127 8-3 New Business 2. Application Submittal/Completeness Review. Upon submittal of an application and payment of the required fees, City Staff will review the application to determine if it includes, in form adequate for substantive review, all of the submittal materials required by this Chapter. If an application is found to be deficient, City Staff will notify the applicant of the deficiency in writing. 3. Staff Review. In every case the application will be reviewed by the DRT and review agencies. The DRT may require that the applicant correct errors or incorporate design changes consistent with applicable codes, design standards, and/or review criteria. Where an application is substantially incomplete or grossly deficient, the staff may notify the applicant in writing that the application will not be subject to further review until such time as the enumerated defects are cured. 4. Planning Commission Review. Preliminary Plat or Preliminary Site Plans that have completed Staff review will be forwarded to the Planning Commission with a Staff recommendation. The Planning Commission shall hold a public hearing to review the application and receive public comment, and it may: a) approve the application; b) deny the application; c) approve the application subject to conditions; or d) table the application pending receipt of additional information. a. At preliminary plat/plan review the applicant shall demonstrate that the plat or plan meets all submittal and performance criteria. Final construction drawings are not required, but all submittals must demonstrate the feasibility of the final design and conformity with this Chapter, applicable codes, and design standards. 5. Final Plat/Final Site Plan Review Procedures. When an applicant is ready to request Final Site Plan or Final Plat approval a Final Plat or Site Plan shall be submitted for review by Staff. Staff will review the design documents for completeness and verify that they incorporate changes or conditions required at the preliminary approval stage. Additionally, all related documents and agreements, including a Subdivision Improvements and Phasing Agreement, Land Use Restriction Agreement, and Covenants, Conditions & Restrictions (if applicable), and final construction drawings shall be reviewed and in final form prior to submittal to the City Council for final approval. a. Final approval shall be in the form of an ordinance adopted by the City Council incorporating all the design drawings, the Final Plat or Final Plan, the conditions, and all development agreements comprising the PAD. Final approval is a legislative decision of the City and constitutes a site -specific development plan for all lands included in the project area. 17.68.070 Submittal Requirements 9 Page 86 of 127 8-3 New Business A. A PAD application must be submitted to the Planning Department on the approved application form, together with the required review fee. The application must be signed by the record property owner or, if the applicant is not the owner, the applicant must deliver proof of approval signed by the owner. Components of the application submittal may contain multiple plan sets or reports, provided, that they are clear, legible, and successfully demonstrate the purposes required under this Chapter. Unless waived by the Planning Director, the application must include four copies and electronic PDF copies of all design drawings and submittals. The application must include the following: 1. Preliminary Site Plan. Applicants for a PAD rental development shall submit a preliminary site plan (with requirements as listed below), drawn to a scale of not less than one -inch equals fifty feet (on paper no larger than twenty-four inches by thirty-six inches) that shall include: a. Parcel Boundary Lines. Include all easements, setbacks, and construction limits of the project area; b. Drives, Streets, and Rights -of -Way. Include widths of pavement, curb and gutter, and dimensions of rights -of - way; c. Parking and Loading. The parking plan must include a count of spaces and details of handicap parking spaces as well as indicate the location and types of exterior lighting proposed for the area; d. Access. Include all points of ingress, egress. For developments adjacent to and accessed by a state or federal highway, a completed highway access permit application from the Utah Department of Transportation (UDOT) must be submitted with the application, with a permit issued prior to building permit approval; e. Refuse Areas. Drawings of the refuse enclosures must be included; f. Common Open Space. All open space, common areas, parks, sidewalks, and trails (with required connectivity) must be clearly depicted; g• Topography. All site conditions including terrain contours, drainage areas, and other physical features on or within one hundred feet of the site must be shown; existing and finished grades must be clearly shown in different shades 10 Page 87 of 127 8-3 New Business or contour depictions; all elevations shall be shown in the most current North American Vertical Datum (NAVD). Applications may contain this topographic survey on the site plan or as a separate document. h. Use Types. Specific areas proposed for specific types of land use shall be shown, and must include the acreage or square footage for each area; i. Public Dedications. Areas proposed for public dedication (i.e., utility easements, trails, open space, or the like) shall be depicted; j. Lots or Plots. The dimensions and area for each lot or unit must be shown; k. Adjacent Zoning. Zoning for adjacent properties within three hundred feet of the subject property shall be shown; I. Fire Hydrants. The locations of all fire hydrants; m. Title Block. A title block shall appear in the lower right- hand corner of all pages of plans and plats and shall contain the name of the development; legal location of the property; name and contact information of the site engineer/surveyor; the name of the development; and the drawing scale and compass point; n. Vicinity Map. A regional or vicinity map shall accompany the submitted application to indicate the location of the project; and o. Legal Description. The legal description of the project area. 2. Floor Plan and Elevations. A floor plan, at a minimum, shall consist of a drawing to scale showing a view from above, of the relationships between rooms, spaces and other physical features at each floor level of a structure. All dimensions shall be drawn between the walls to specify room sizes and wall lengths. The floor plan shall show the physical layout of: a. Interior walls and hallways; b. bathrooms; 11 Page 88 of 127 8-3 New Business c. Windows, doors, landings, decks, and patios; d. Plumbing features such as sinks, showers, bathtubs, HVAC elements, etc.; e. Locations of electrical panels and service connections; f. The planned uses of all buildings and rooms; g. All finished first floor elevations; h. Elevation view drawings shall show all side elevations of existing and proposed structures, and shall depict exterior architectural elements and materials, as well as heights of the structure. 3. Lighting Plan. The lighting plan shall show number and types of fixtures for walkways, building exterior lighting, and parking areas. An acceptable lighting plan shall consist of full cutoff, fully shielded, downward directed lighting types. The plan shall include manufacturer's information detailing the fixtures to be used. Internal or external shielding may be used to prevent glare toward other properties or into the roadway. Wall mounted flood lights that direct outward toward other properties and roadways are prohibited. 4. Landscape Plan. The landscape plan shall include size and species of all plantings, an irrigation plan, xeriscape plan, and a care and maintenance plan. All applicable code sections of the Moab Municipal Code must be used to develop the landscape plan, including Chapter 12.24, Tree Stewardship. 5. Wetlands, Riparian Areas, and Floodways. If the development is adjacent to riparian areas, flood zones, probable wetlands, or areas where stream channels may be altered by planned development, wetlands, riparian areas, and floodway plan drawn by an engineer, surveyor, or other appropriate consultant must be submitted. Probable wetlands shall be described and delineated. All applications shall show compliance with Chapter 15.40, Flood Damage Prevention. Flood zone boundaries and the base flood elevation must be shown. Where the application includes areas that may be subject to flooding the applicant shall show that the elevation of the lowest floor of all structures exceeds the elevation which is above the base flood elevation. All elevations on the plan shall be shown in the most current North American Vertical Datum (NAVD). 12 Page 89 of 127 8-3 New Business 6. Storm Water Drainage Plan. A stormwater drainage plan, signed and stamped by an engineer, shall be submitted and show calculations and other information specified below. The plan shall comply with the City of Moab/Grand County Design Criteria for Drainage Studies, as adopted or updated by the City from time to time. The stormwater drainage plan shall be reviewed for compliance with other applicable Advisory Documents. The stormwater drainage plan shall include, at a minimum, the following information: a. The project site, including areas three hundred feet beyond its boundaries; b. Existing contours at two -foot intervals shown as dashed lines; c. Proposed contours at two -foot intervals shown as solid lines; d. Indication of a permanent benchmark referenced to mean sea level; e. Drainage system shown in plan view with estimated cubic -feet -per - second flow for a one -hundred -year storm event; f. Locations of all -natural drainage channels and water bodies; g• Existing and proposed drainage easements; h. Type, size, and location of existing and proposed drainage structures such as pipes, culverts, inlets, ditches, swales, retention ponds, detention areas, etc.; i. One -hundred -year event (base) flood areas; Additional grading and drainage elements may be required to be depicted to satisfy Federal Emergency Management Administration (FEMA) floodplain requirements or other applicable city flood damage prevention ordinances; k. Erosion control plans showing adequate sedimentation control which shall be accomplished throughout construction phases as well as during the ongoing use of the site (e.g., sedimentation ponds, dikes, seeding, retaining walls, rip -rap, etc.); and I. All structures for drainage and flood control shall be designed, at a minimum, to successfully convey the anticipated one -hundred -year frequency storm event for maximum period of intensity over the entire drainage basin. The applicant shall submit calculations to show that all 13 Page 90 of 127 8-3 New Business structures have adequate capacity to accommodate flows expected to result from the designated storm event. 7. Grading Plan. A grading plan for surface drainage (shown by contours and spot elevations) shall be prepared by an engineer or surveyor. It shall show the planned grading and paving of driveways, access roads, and parking areas. Grading and paving shall be shown on plans, profiles, cross sections, and details as necessary to describe new construction. Details of curbs, gutters, sidewalks, drainage structures, and conveyance systems, dimensions of all improvements, size, location, thickness, materials, strengths, and necessary reinforcement must be shown. 8. Utility Plan. A utility plan shall be prepared by an engineer. It shall show the locations, dimensions, and elevations of all sewer facilities and culinary water facilities needed to serve the site. The utility plan shall specify in reasonable detail the types of equipment and materials to be used and shall comply with all applicable Advisory Documents or City engineering requirements. Plans showing the locations of natural gas, electric, and telephone/data lines must also be shown. 9. Evidence of Title/Covenants. A current title insurance commitment, ownership and encumbrance report, or abstract of title prepared by a title insurance company or attorney showing all ownership interests, easements, and encumbrances which apply to the parcel(s) comprising the application must be submitted. If requested, the applicant shall provide copies of all recorded documents which may affect the property subject to the application. If common elements or private use restrictions are anticipated, the applicant must submit draft covenants, conditions, and restrictions (CC&Rs) for review. 10. Slopes. If proposed development is likely to result in the grading of hillsides, city staff may require submittal of a slope study prepared by an engineer or surveyor. Applications will also be reviewed for compliance with Chapter 17.55, Hillside Developments. 11. Surface and Subsurface Soils Report. The application shall include a surface and subsurface soils report establishing soil suitability for the proposed development. The report shall be prepared by a geotechnical engineer or other professional, if approved by city staff. At a minimum, the report shall include: a. A description of soil types; b. Locations and characteristics with supporting soil maps; c. Soil logs of test pits and boreholes; d. All other information necessary to determine soil suitability for the scope of the development and constraints on development based on the findings; 14 Page 91 of 127 8-3 New Business e. Analysis and evaluation of such information with recommendations regarding structural constraints, erosion control, and requirements for building design. 12. Traffic Study. A traffic study and parking and circulation study are required for projects described as follows: Single Family Housing, 50 units or more; Apartments or townhouses, 85 units or more; Mobile home parks, 100 units or more. a. The Planning Director has discretion to require a traffic study for applications which do not generate the level of trips specified where: i. High traffic volumes on surrounding streets may affect movement to and from the proposed development; ii. There is a lack of existing left turn lanes on streets adjacent to the proposed access drive; There are inadequate sight distances at access points; or iv. Proposed access points are close to other existing drives or intersections. 13. Street Design Drawings. The application shall include drawings by an engineer showing the design, grades, widths, and profiles of all streets, sidewalks, curbs, gutters, traffic control devices, traffic signs, and associated public improvements. All street designs shall conform to street classifications and design standards adopted by the City. B. Additional Submittals --Waiver of Certain Submittals. The Planning Director has discretion to require other submittals where appropriate for the review of a particular application. Alternatively, the Planning Director has discretion to waive or modify any requirement for a particular submittal if it is determined that the document or report is not necessary, or if an alternate submittal is justified for the review of a particular application. Any waiver shall be in writing labeled as a submittal waiver, shall identify the project by name and application number, and shall be signed and dated by the Planning Director. C. Conformity with Submittal Standards. All submittals must conform to the land use submittal standards adopted by the City. Submittals which do not clearly or accurately depict elements required for review of the project may be rejected, or staff may require revisions during the review process. (Ord. 17-18 (part), 2017 D. Affordable Housing Development Plan. The Affordable Housing Development Plan shall contain, at a minimum, the following information: 15 Page 92 of 127 8-3 New Business 1. A general description of the development, including whether the development will contain units/lots for rent or sale; 2. The total number of market -rate units and affordable housing units and a depiction of where those units will be situated on the plat/plan; 3. The square footage of each market -rate unit and of each affordable unit measured from the interior walls of the unit; 4. The estimated sale price or monthly rent for each market -rate unit or lot and each affordable housing unit; 5. If construction of dwelling units is to be phased, a phasing plan stating the number of market -rate and affordable housing units in each phase; and 6. Statistical information as to the project area, developed area square footage, open space area, area and number of parking spaces, and the like shall be included. 7. Affordability calculations and assumptions demonstrating that the housing will be affordable under current economic conditions. E. Departmental Standards. All developments pursuant to this Chapter shall comply with departmental standards published by the City. 17.68.080 Miscellaneous Provisions A. Variances --Exceptional Conditions. In cases where unusual topographic or other exceptional conditions would pose a hardship on the applicant, variances from the strict requirements of this Chapter may be made by the City Council at the time of Final Plat/Plan review. Staff shall provide a recommendation with respect to the proposed variance. The City Council may grant a variance, provided that it will not result in substantial detriment to the public good and will not substantially impair the intent and purpose of this Chapter. B. Accessory Dwelling Units Prohibited. Accessory dwelling units are not permitted within a PAD development. C. Vacating or Changing a Subdivision Plat. Any proposed vacation, alteration, change, or amendment to an approved PAD plat must comply with the notice 16 Page 93 of 127 8-3 New Business requirements of U.C.A. 10-9a-205 and the requirements changes to a platted subdivision outlined by the U.C.A. 10-9a-608. D. Decision Matrix. Decisions under this Chapter shall be made by the following: Application/Action Advisory Body Land Use Authority Appeal Body Required Public Hearing Prelim. Plat/ Prelim. Site Plan City Staff Planning Commission AA Yes, (PC) Final Plat/Site Plan City Staff City Council District Court No Amend Plat* Planning Commission City Council District Court Yes, PC & CC Modify Lot Lines City Staff City Council District Court No * If all owners within the plat sign to permit amendment and the area does not include vacation of a public right of way, then the City Council may approve the application without a public hearing. AA means the Appeal Authority, as specified in MMC 17.72.120 E. Proof of Sewer or Water Availability for Non -City Authorities. Where the City is not able to provide culinary water or sewer service to a proposed development, the applicant will be required to provide a current letter from the water or sewer service provider demonstrating that water and sewer service is available to the subject site. 17.68.100 Appeal Procedures A. Any person adversely affected by a preliminary land use decision, including a decision by the Planning Commission approving or denying a preliminary Plat or Plan, may appeal that decision to the Appeal Authority, and the appeal shall be governed by the procedures in MMC § 1.72.120 through 170. B. Any person adversely affected by a final land use decision of the City Council under this Chapter may appeal that decision by filing an action in the District Court for Grand County, Utah. C. Exhaustion of all administrative remedies shall be required prior to any applicant seeking judicial review of any final decision pursuant to this Chapter. Failure to exhaust administrative remedies shall result in the action or suit being dismissed. 17 Page 94 of 127 8-3 New Business D. Ajudicial action seeking review or appeal of a final decision or action under this Chapter must be filed no later than thirty (30) calendar days from the date of the decision or order that is the subject of the appeal. E. Upon the commencement of a judicial appeal challenging any decision under this Chapter, the City shall promptly transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. F. There shall be no judicial review of legal claims or points of error which are not first presented for review or decision to the land use authority. G. In any review pursuant to this Chapter (whether administrative or judicial), the reviewing body shall presume the decision made under this Chapter is valid. A final decision of the City Council shall be affirmed if it is found to be within the scope of legislative discretion. H. Disputes concerning or arising from administration of this Chapter after final land use approval, including but not limited to enforcement of the Land Use Restriction Agreement, affordability controls of this Chapter, or the like, shall be heard by the District Court, Grand County, Utah. 17.68.110 Development Improvements Agreement A. The Development Improvements Agreement (DIA) shall be approved by the City Council at the time of approval of the Final Plat or Final Site Plan. A DIA between the City and the applicant is required to specify the overall development plan in writing and is a condition precedent to the commencement of construction. The DIA shall set forth the commitments and obligations of the City of Moab and the applicant, including, as necessary, a financial assurance for required public improvements, the applicant's phasing plan, and other details particular to the development. The DIA shall be subject to review and approval by the City Council and must be consistent with all prior approval conditions applicable to the approved plan. B. The DIA may require that an applicant provide a performance bond, letter of credit, or other financial assurance to secure completion of required improvements, and/or as a condition for Final Plat or Final Site Plan approval. The financial assurance shall be provided in an amount equal to one hundred fifty percent (150%) of the estimated cost of all required public improvements, including: landscaping; road improvements; pedestrian ways, trails, sidewalks, curbs, and gutters; street lighting and signage; culinary water lines and fire hydrants; sewer lines and sewage disposal facilities; and storm -water improvements. City staff shall verify the correct amount of the financial assurance based upon review of the cost of the required improvements. Not more than ten percent (10%) of the financial assurance may be held to secure any warranty claims, as provided in the DIA. 18 Page 95 of 127 8-3 New Business C. With respect to a PAD subdivision, no final plat for the subdivision, or any phase thereof, and no building permit for construction upon any lot within the subdivision shall be executed by the City until such time as either: 1) all public improvements are completed in accordance with the DIA and accepted by the City; or 2) a financial assurance as required by this Chapter is provided to the City. A Subdivider shall not convey or attempt to convey any lot prior to the recording of the final plat, and any purported conveyance in violation of this subsection shall be void. D. With respect to a PAD rental development, no final site plan for the development, or any phase thereof, and no building permit for construction of housing units within the development, shall be executed by the City until such time as either: 1) all public improvements are completed in accordance with the DIA; or 2) a financial assurance as required by this Chapter is provided to the City. A Developer shall not convey or attempt to enter into any lease prior to the execution of the final site plan, and any purported lease or rental contract entered into in violation of this subsection shall be void. E. All public improvements shall be warranted against defects in materials and workmanship for a period of not less than one (1) year from the date of acceptance by the City. Upon expiration of any warranty period the financial assurance provided by this Section shall be released. 17.68.120 Affordability Controls A. Eligibility- General Policy. All affordable housing developed pursuant to this Chapter, including rental units and units (or lots) for sale, shall be leased or sold to persons who meet the eligibility requirements of this Chapter. The Developer or Subdivider shall at all times assure that affordable housing units are transferred to eligible persons, and it shall provide proof of its compliance with all eligibility and affordability controls to the City or its designated Monitoring Agency from time to time and/or upon written request. Prospective tenants or purchasers of affordable housing shall provide verification of their eligibility to either the Developer or Subdivider at the time they apply for housing subject to this Chapter. 1. To be eligible to occupy affordable housing under this Chapter the following criteria must be met: a. The persons comprising the household must have a combined household income which does not exceed one hundred percent of 19 Page 96 of 127 8-3 New Business the Grand County, Utah, Area Median Income (AMI), as published by HUD from time to time. b. At least one person in the household must be either: i. employed full time in Grand County; ii. disabled; or over 60 years of age and retired from the work force. c. All persons occupying affordable housing must utilize the housing as their sole place of residence. Leasing of sales units, subleasing or assignment of rental agreements, or overnight lodging uses, shall not be permitted in PAD developments. B. Rent Calculation. The Developer offering affordable housing units for lease shall set the monthly rental rate at an amount (assuming a three -bedroom unit) that does not exceed thirty percent (30%) of the area median income (AMI) for a Grand County household of four persons, as adjusted from time to time, divided by twelve (12) months (the Allowed Rental Rate). Units with greater than or less than (3) bedrooms shall be rented at a rate which is adjusted proportionately. As an illustration, the allowed monthly rent for an Affordable Unit based on Grand County AMI of $55,000 would be as follows: 3 bedroom: AMI $55,000 x 30%= 12 2 bedroom: 1 bedroom: = $1,375.00 per month; = $915.75; = $457.88. 1. Inflation adjustments in the Allowed Rental Rate shall be made annually, as of January of each calendar year, and shall be based upon the year to year increase in the Consumer Price Index (CPI-U), West Region, as published by the United States Department of Labor, Bureau of Labor Statistics. The City or the Monitoring Agency will publish the inflation adjustment and provide same to Developers for purposes of calculating Allowed Rental Rate increases. 2. Nothing in this Chapter shall preclude a Developer from entering into a fixed rental rate lease with a tenant who is otherwise compliant with this Chapter at the time of execution. C. Sales Eligibility, Additional Requirements. In addition to the general qualifications set forth in Subsection B, above, persons who purchase affordable housing units pursuant to this Chapter shall comply with the following criteria at the time of purchase: 1. Total household net assets (asset value after deduction of the value of 20 Commented [CM1]: It may be appropriate to insert a provision allowing for an upward or downward adjustment in the initial rental rate based upon square footage of the unit, i.e. the rate may go up proportionately for units that exceed a minimum square footage. This will require discussion. Page 97 of 127 8-3 New Business any liens -such as a car loan) shall not exceed two times the Original Purchase Price (OPP) of the housing unit. D. Sales Price Calculation; Subsequent Sales. The Original Purchase Price for affordable housing units developed pursuant to this Chapter shall be calculated as follows: principal, interest, taxes, and insurance (PITI) on the unit shall not exceed thirty percent (30%) of the Grand County AMI for a household of four divided by twelve (12) months. Assumptions used to calculate the OPP shall be: i) a five percent (5%) down payment; ii) a 30-year mortgage term; and a mortgage rate equal to the prevailing First Home rate, or its equivalent, of the Utah Housing Corporation (www.untahhousingcorp.org) (or equivalent). E. Maximum Appreciation. To assure continued affordability, each affordable housing unit developed under this Chapter shall be subject to a deed restriction, in a form approved by the City, which caps appreciation which may be earned upon subsequent sale of the unit. The Maximum Resale Price (MRP) shall be the OPP plus the following: 1. An increase in price of no more than three percent (3%) per year from the date of purchase to the date of sale, prorated for each month less than a calendar year; and 2. The actual cost of any capital improvements to the unit, including by way of example: i) the addition of finished living space; ii) remodeling of a kitchen or bath; iii) replacement of major components such as heating systems, cooling systems, windows, roofing, siding or the like; provided that the improvements have been permitted and inspected by the City Building Official. The property owner is responsible for documenting the value of all such improvements at the time of permitting. In no event shall capital improvements exceed five percent (5%) of the MRP. 17.68.130 Land Use Restriction Agreement and Covenants A. At the time of final approval of every PAD, the City and the Developer/Subdivider shall execute and record in the land records a Land Use Restriction Agreement (LURA) implementing and providing for enforcement of the affordability controls specified in this Chapter. The LURA shall be a deed restriction running with the land, and binding upon the original grantor, and all successors and assigns in title. The LURA shall provide, at a minimum, the following: 1. The affordable housing units shall be leased or sold to, and occupied by, eligible persons; 2. The affordable housing units shall be leased at rent levels affordable to eligible persons for a period of not less than fifty (50) years from the date of the initial certificate of occupancy; 3. The affordable housing units shall be sold at sales prices affordable to 21 Page 98 of 127 8-3 New Business eligible persons for a period of not less than fifty (50) years from the date of the initial certificate of occupancy; 4. Subleasing of PAD rental units or leasing of PAD sales units is prohibited; 5. The number of affordable units shall not be reduced and shall remain at the originally approved affordability level for a period of not less than fifty (50) years; and 6. Provisions for enforcement and monitoring of the Affordability Controls, including (as applicable) specific performance, damages, and an award of attorney fees and costs in the event of a violation. B. Maintenance. For PAD rental developments the LURA shall contain provisions providing that the owner shall maintain all units in a safe, sanitary, and functional condition in accordance with the provisions of the International Property Maintenance Code, as adopted by the City, or its equivalent. C. Recording Deed Restrictions. The LURA shall be recorded in the land records prior to the recording of the Final Plat for a PAD subdivision or prior to the execution of a Final Site Plan for a PAD rental development. D. Monitoring. The Developer shall manage and operate all affordable units and shall submit an annual report to the City of Moab, or its Monitoring Agency, identifying which units are affordable units in a Planned Affordable Development, the monthly rent for each unit, vacancy information for each year for the prior year, monthly income for tenants of each affordable units, and other information as required by the LURA. The annual report shall contain information sufficient to determine whether tenants are eligible for affordable housing as provided by this Chapter. 1. A Subdivider marketing affordable units for sale shall submit an annual report to the City identifying all affordable units sold in the last calendar year, the Original Purchase Price for each unit, and information sufficient to verify purchaser eligibility, as required by the LURA. The annual report shall contain information sufficient to determine whether home purchasers are eligible for affordable housing as provided by this Chapter. 2. The City or its Monitoring Agency shall be authorized to audit and review all Developer and Subdivider records pertaining to housing developed under this Chapter to verify compliance with this Chapter and all Affordability Controls. E. Extension of the LURA. The duration of the LURA may be extended for additional successive ten (10) year terms if the City Council certifies in writing at or before the expiration that there is a continuing need for affordable housing, and that it is reasonable that 22 Page 99 of 127 8-3 New Business the affordability controls continue. In that case the owner or the City shall execute any necessary documents to give effect to this provision. F. Covenants. Covenants, conditions, and restrictions (CCRs) for a PAD subdivision shall be reviewed and subject to approval by the City contemporaneous with final plat approval. The CCR shall provide mechanisms for enforcement of community rules, collection of assessments (if applicable), and maintenance of common areas. 17.68.140 Impact Fees A. In conjunction with final approval of any PAD development the City Council may waive all or a part of the impact fees which would otherwise be payable for the development. Any waiver shall be vested in the discretion of the City Council, based on the merits of the application in attaining the affordability goals of this Chapter. 17.68.150 Enforcement A. A Developer, Subdivider, or successor in title who fails to comply with the Development, Improvements Agreement, the LURA, or any other agreements, development approvals, or provisions of this Chapter shall be issued a notice of violation and informed of the default under the applicable agreement. Each such person shall be given a reasonable period of time, not to exceed thirty (30) days, in which to cure any default or breach under the applicable agreement. B. Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: i) proceeding against the financial assurance; ii). withholding building permits, certificates of occupancy, or certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations or breach of the agreement; iv) recording an affidavit of a lapse of plat/plan, in whole or in part; v) commencing an action for damages —including, but not limited to, damages for costs incurred in completing, repairing, or replacing required improvements or abating any violations; and/or vi) any other remedies available at law or equity, including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. In any action for injunctive relief the City need only prove a default or violation under this Chapter, and such relief shall be granted without the necessity of bond. C. The recording of an affidavit of lapse of plat/plan by the City shall result in the lapse of all prior land use approvals and the voiding of the subdivision of lots or the site plan within the real property specified in the affidavit. D. With respect to any default under the LURA or any other affordability controls of this Chapter, in addition to the remedies specified above, the City may obtain restitution or disgorgement of any proceeds realized by a Subdivider, Developer, or any successor in title 23 Page 100 of 127 8-3 New Business from any leasing, sale, or other disposition of affordable housing units in violation of the affordability controls of this Chapter. In the alternative, the City may levy liquidated damages in the amount of five thousand dollars ($5,000.00) per violation. E. In any enforcement proceedings under this section the City shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other relief provided. Chapter 17.69 ASSURED HOUSING POLICY Sections: 17.69.010 INTENT 17.69.020 DEFINITIONS 17.69.030 WORKFORCE HOUSING REQUIRED; ALTERNATIVES; EXEMPTION 17.69.040 FEE IN LEU OF CONSTRUCTION 17.69.050 CONSTRUCTION REQUIREMENT 17.69.060 DEDICATION REQUIREMENT 17.69.070 INDEPENDENT FESIBILITY ANALYSIS 17.69.080 ENFORCEMENT 17.69.100 PERIODIC REVIEW 17.69.010 Intent A. The City, in conjunction with Grand County, has undertaken to study the lack of affordable housing and identify policies that can increase the supply of affordable housing for the Moab/Grand County workforce. The City finds that tourism -related commercial development is causing demand for affordable housing units, and that there is a deficit of housing units available for occupancy by persons employed in tourism -related occupations. Based on the results of market data the City finds that it is appropriate and feasible that lodging -related commercial development construct affordable housing units or pay a fee in lieu of construction. The contribution 17.69.020 Definitions A. Unless otherwise specified, the definitions in Chapter 17.68 apply in this Chapter. 17.69.030 Workforce Housing Required; Alternatives; Exemptions 24 Page 101 of 127 8-3 New Business A. As further provided in this Chapter, applicants seeking land use approval of new overnight accommodations or conversions of other development into overnight accommodations shall do one of the following: 1. Construct or provide an appropriate number of affordable housing units in conjunction with the development of the overnight accommodations (the Construction Requirement); 2. Pay the Fee in Lieu of Construction (FILC); or 3. Dedicate real property for future affordable housing development (the Dedication Requirement). B. The remodeling, repair, or reconstruction any overnight accommodations lawfully existing at the time of the enactment of this Chapter shall be exempt from the provision of this Chapter, provided that such activity does not result in a new addition or expansion (measured in square feet) relative to the existing use. 17.69.040 Fee in Lieu of Construction A. A developer proposing new or converted overnight accommodations that do not satisfy the Construction Requirement or the Dedication Requirement must pay to the City a fee equal to the total finished floor area (measured in square feet) of the overnight lodging multiplied by the sum of fifteen dollars and fifty seven cents ($15.57)(the Fee in Lieu of Construction or FILC). B. The FILC is due and payable at the time of final land use approval for the development, and prior to the issuance of a building permit. C. The City shall retain the FILC and use same, either individually or in combination with other funds, for affordable housing purposes. FILC funds shall be held and accounted for in a separate fund which shall be used solely for the acquisition, construction, maintenance, or development of affordable housing. 17.69.050 Construction Requirement A. A developer may construct new affordable housing units within the project area of the overnight accommodation, or on other suitable property within the City. The affordable housing units shall be reviewed under, and subject to, all performance standards, affordability controls, and other requirements specified in Chapter 17.68, Planned Affordable Developments, except that all of units constructed under this section shall be affordable. 1. Construction Requirement review procedures may be consolidated with procedures generally applicable to the review of the overnight accommodations application (e.g. site plan review), as necessary. 25 Page 102 of 127 8-3 New Business B. The Construction Requirement is satisfied by the construction of _ units of affordable housing for every square feet of finished floor area of the overnight accommodations. Where the finished floor area of the development is less than square feet, the developer shall pay the FILC in satisfaction of the affordable housing requirement. C. All affordable housing units constructed under the Construction Requirement shall meet applicable building codes and use requirements for the zoning district in which they are to be located. D. As an alternative to new construction, a developer may satisfy the Construction Requirement by converting lawfully existing housing or other buildings into affordable housing utilizing the same formula as specified in the Construction Requirement in subsection B, above. Housing converted into affordable housing shall be reviewed under, and subject to, all performance standards, affordability controls, and other requirements specified in Chapter 17.68, Planned Affordable Developments. All converted housing shall be established and maintained in a clean, safe, sanitary, and code -compliant condition. 17.69.060 Dedication Requirement A. Subject to City Council approval, a developer may dedicate to the City, or a non- profit monitoring agency it designates, real property with a current fair market value which is equal to or greater than the FILC which would otherwise be payable in conjunction with the overnight lodging development. The following must be shown to satisfy the Dedication Requirement: 1. The property must be within the City limits or be subject to annexation within a reasonable period of time; 2. The property must have legal access to a public street; 3. Domestic water, sewer, and other public utilities must be available in reasonable proximity to the property; 4. The value of the property must be confirmed by a current appraisal from a properly licensed and qualified appraiser; 5. The property must be conveyed to the City (or its designee) via warranty deed, free of all liens or encumbrances; and 6. The property must have a zoning designation that permits housing uses. B. The City Council, in its discretion, shall review the proposed conveyance to determine if the property meets the above criteria and is otherwise suitable for dedication as affordable housing. If approved, the dedication will be confirmed in a written development agreement with the developer. The Council may properly reject a proposed dedication if it 26 Page 103 of 127 8-3 New Business determines that the property has one or more attributes or conditions which would render development infeasible or impractical. 1. By way of example only, and not of limitation, a property may be deemed infeasible or impractical for development due to: i) extreme topography; ii) unsuitable soil or geotechnical conditions; iii) excessive cost for roads, utilities, or other infrastructure; iv) lack of proximity to schools, stores, or other necessary services; v) unsatisfactory environmental conditions; vi) inadequate size; or vii) other legal, financial, or physical conditions negatively affecting prospects for development. C. Property conveyed under the Dedication Requirement shall be developed, either individually or in conjunction with other parcels, for affordable housing uses. All performance standards, affordability controls, and other requirements specified in Chapter 17.68, Planned Affordable Developments apply to lands conveyed under the Dedication Requirement. 17.69.070 Independent Feasibility Analysis A. If, on the basis of individual development costs, employment load, or other similar data, an applicant believes that the FILC is excessive, as applied to its development application, the applicant may submit to the City data, calculations, and statements in support of an alternative to the FILC. All such materials shall be accompanied by supporting cost data (e.g. land contracts, construction contracts, and the like) and be accompanied by a written attestation by the applicant signed under penalty of perjury. B. The City Manager shall review materials submitted by the applicant, or evidence submitted by City staff (if any) and may: approve the independent analysis; reject the independent analysis and order the applicant to pay the FILC; or order that the applicant pay an alternative sum supported by the evidence. 1. The applicant shall be provided copies of any staff comments or materials submitted to the City Manager and be given a reasonable period of time in which to respond to any submittals prior to issuance of a decision. 2. The City Manager shall provide his/her decision in writing and explain the basis for the conclusion reached. In reaching a decision the City Manager has discretion to weigh the strength of the evidence offered in the matter. 17.69.080 Enforcement All provisions of this Chapter shall be enforced in conformity with the remedies and procedures specified Section 17.68.150. 17.69.090 Appeals Persons wishing to appeal any decision or interpretation made under this Chapter may appeal to the Appeal Authority, pursuant to the procedures provided by Sections 17.72.120 through 17.72.170. 17.69.100 Periodic Review City staff is directed to review market conditions, the availability of affordable housing, and provisions of this ordinance no later than two (2) 27 Page 104 of 127 8-3 New Business calendar years from the date of enactment and, if appropriate, recommend amendments or changes to this ordinance for review. CHAPTER 17.70 SECONDARY DWELLING UNITS [Existing Chapter 17.69 is renumbered as Chapter 17.70] Passed and adopted by action of the City Council this day of November, 2018. This ordinance shall take effect immediately upon passage. By: Mayor Emily Niehaus Attest: By: Rachel Stenta, Recorder Date 28 Page 105 of 127 8-3 New Business Moab City Council Agenda Item Meeting Date: September 10, 2018 #: 8-4 Title: Award to Bowen, Collins and Associates, Inc. (BCA) for Engineering and Construction Management Services for the 100 West Infrastructure Project and Approval of a Contract in the amount of $90,441.00. Date Submitted: September 4, 2018 Staff Presenter: Chuck Williams, City Engineer Attachment(s): Task Order No. 18-08 to Master Agreement for Professional Services, BCA Scope of Services, Civil Science Infrastructure Inc. (CSI) Scope of Services Options: Approve, deny, or modify. Recommended Motion: I move to award a Contract to Bowen, Collins and Associates, Inc. for Engineering and Construction Management Services for the 100 West Infrastructure Project and Approval of a Contract in the amount of $90,441.00. Background/Summary: The adopted Sanitary Sewer Master Plan (Plan) evaluated the City's sewer collection system's ability to meet current and future sanitary sewer flows and identified needed improvements. The Plan determined that the 100 West sewer line between 100 South and Walnut Lane is the #1 rated priority in the 10 year Capital Improvement Plan. The Project will: ➢ Abandon 1,800-ft of undersized and failing sewer line ➢ Install 1,800-ft of new 18-inch sewer with manholes ➢ Provide a new sewer line crossing of Mill Creek ➢ Reconstruct 100 South/100 West pavement from Main St. -Walnut Lane ➢ Replace old guard rail at 100 West curve with new handrail Page 106 of 127 8-4 New Business �' I n s t a l l a s h a r e d - u s e p a t h a l o n g t h e w e s t s i d e o f 1 0 0 W e s t f r o m M i l l C r e e k P a r k w a y t o n o r t h o f M a x i n e A v e . a n d u l t i m a t e l y t o H W Y - 1 9 1 B C A w a s h i r e d t o d e s i g n t h e n e c e s s a r y i n f r a s t r u c t u r e i m p r o v e m e n t s a n d d e v e l o p t h e p r o j e c t b i d d o c u m e n t s , w i t h C S I i n s u p p o r t i n g r o l e t o B C A d e s i g n i n g t h e s h a r e d - u s e p a t h . A t t h e A u g u s t 1 7 , 2 0 1 8 S p e c i a l M o a b C i t y C o u n c i l W o r k s h o p M e e t i n g , t h e c o n s t r u c t i o n c o n t r a c t w a s a w a r d e d t o N e l c o C o n t r a c t o r s I n c . I t i s a n t i c i p a t e d t h a t c o n s t r u c t i o n w o r k w i l l c o m m e n c e i n m i d - S e p t e m b e r . D u e t o t h e n u m b e r o f o n g o i n g p r o j e c t s i n t h e C i t y a t t h e s a m e t i m e E n g i n e e r i n g a n d c o n s t r u c t i o n m a n a g e m e n t s e r v i c e s w i l l b e r e q u i r e d t o a s s i s t C i t y s t a f f o n t h i s p r o j e c t f o r t h e d u r a t i o n o f t h e p r o j e c t . S t a f f r e c o m m e n d s t h a t B C A , w i t h C S I c o n t i n u i n g i n t h e i r s u p p o r t i n g r o l e , b e h i r e d t o p e r f o r m t h i s t a s k o n b e h a l f o f t h e c i t y . P a g e 1 0 7 o f 1 2 7 8 - 4 N e w B u s i n e s s Bowen Collins & Associates, Inc. . CONSULTING ENGINEERS TASK ORDER NO. 18-08 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: City of Moab Utah Effective Date of Master Agreement: April 22, 2014 THIS TASK ORDER NO. 18-08 TO THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES (this "TASK ORDER") is made and entered into as of the day of 2017, by and between City of Moab, Utah (herein called OWNER) and Bowen, Collins and Associates, Inc., a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: Moab 100 West Infrastructure Improvement Project Services During Construction. The PROJECT SITE is the City of Moab, Utah. 2. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER is attached hereto as Exhibit A. 3. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $90,441.00. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the PROFESSIONAL SERVICES AGREEMENT. 4. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within three months after authorization to proceed. 5. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made a part of the MASTER AGREEMENT FOR PROFESSIONAL SERVICES. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. CITY OF MOAB, UTAH (OWNER) BOWEN, COLLINS & ASSOCIATES (ENGINEER) By: By: Printed Name: Printed Name: Its: Jeff Beckman Its: _ Principal Page 108 of 127 8-4 New Business ATTACHMENT A SERVICES DURING CONSTRUCTION SCOPE OF SERVICES 100 WEST INFRASTRUCTURE IMPROVEMENTS PROJECT The City of Moab (City) has requested Bowen Collins & Associates (BC&A) to provide engineering and construction management services for the 100 West Infrastructure Improvements Project. The City will provide the daily observation and inspection of the construction. BC&A will assist the City during the construction period as follows: Task 1— Site Visits: BC&A will provide regular visits to the construction site as the design professional to determine in general if the Work is proceeding in accordance with the contract documents. The following site visits are estimated: • Two site visits to during the underground trenchless creek crossing. It is estimated that these site visits will be two days each. Brent Packer (BC&A's trenchless technology expert) will provide these site visits. • Ten site visits during construction of the sewer line. Each of these trips will be one day each. It is estimated the Steven Meyer (Lead Designer of 100 West Project) will provide these visits. • Two site visits by the Project Manager (Jeff Beckman). These visits will be one day each. • Two site visits to during the project close out period. The purpose of the first visit will be to assist the City's inspector in the development of a close-out punch list. The second visit will be for final close-out. Task 2 — Office Support: Our Project Manager and lead project engineer will process Contractor payment requests, review submittals, prepare any needed change orders. Specific tasks include: • Review Contractor submitted shop drawings for accuracy and compliance with the contract documents. It is estimated that this project will include 10 submittals. • Review and respond to Contractor's Requests for Information (RFI). Maintain a log and written documentation of Contractor's requests. • Evaluate Contractor/Owner proposed substitutions. • Review and recommend Change Orders. Submit all Change Orders to the Owner for review approval and signature. Maintain a log of all Change Orders. • Review and recommend Contractor's monthly progress payments. • Review and monitor the Contractor's progress based on its construction schedule including updates. Task 3 — Civil Science Infrastructure Services: At the City's request, BC&A contracted with Civil Science Infrastructure (CSI) to provide the design of the roadway and shared use path improvements. Task 3 includes CSI's services during the construction period. See the following pages for a summary of CSI's construction period services. Page 109 of 127 8-4 New Business Attachment B Task Order 18-08: 100 West Services During Construction City of Moab Proposed Bowen, Collins & Assoc. Engineering Fee Last Updated 8/22/18 Office/Support Technicians Engineers ilk Subtotal Hours Subtotal Labor AGEC Geotechnical Engineering Red Desert Land Surveying Civil Science Infrastructure Subtotal Expenses Total Cost Labor Category Office Editor Tech 3 Tech 4 LA Eng. 3 Eng. 6 PM QA/QC Staff LL MH SR TA JT SM BP JB BM 2018 Labor Rate $63 $74 $110 $110 $147 $121 $165 $165 $167 Task No. Phase/Task Description lir 1 Share Use Trail 1 Site Visits Underground Boring Observations (Two trips @ 2 days each) 40 40 $ 6,600.00 $1,000 $ 7,600.00 Weekly Site Visits (10 trips @ 12 hrs each) 120 120 $ 14,520.00 $5,000 $ 19,520.00 PM Site Visit (2 trips @ 10 hrs each) 20 20 $ 3,300.00 $1,500 $ 4,800.00 Substantial and Final Close Out Visit (2 @ 12 hrs each) 24 12 36 $ 4,884.00 $375 $ 5,259.00 2 Office Support Submittal Review, RFI, Field Order, Change Order, Pay Request (8 hrs/wk) 120 16 136 $ 17,160.00 $0 $ 17,160.00 Project Management 40 40 $ 6,600.00 $0 $ 6,600.00 Project Close Out (final documentation, Punch -List, etc) 20 32 4 56 $ 6,732.00 $0 $ 6,732.00 3 Civil Science Infrastructure Services $ 22,770.00 $22,770.00 $ 22,770.00 I Cost 0 0 20 0 0 296 56 76 0 44 Expenses include: Mileage reimbursement at $0.75/mile 10% markup -subcontractors and project expenses Rates shown are 2018 rates Page 110 of 127 CIVIL August 8, 2018 Bowen Collins & Associates Jeff Beckman, P.E. Principal Engineer 154 E 14075 S Draper, UT 84020 Re: City of Moab - 100 West Infrastructure Improvements Project Contract Modification No. 2 - Bid & Construction Phase Services Dear Mr. Beckman, SCIENCESCTF.NCF. INFRASTRUCTURE, INC. 1453 S. Dixie Drive, Suite 150 St. George, UT 84770 Office: (435) 986-0100 Fax: (435) 986-4046 Civil Science (CSI) is pleased to submit this proposal for professional services for 100 West Infrastructure Improvements Project (Project) located in Moab, Utah. We appreciate the opportunity to provide these services to Bowen Collins & Associates (BCA) and the City of Moab (City) and look forward to working with you, PROJECT BACKGROUND CSI has recently completed the engineering design and submitted final construction drawings and specifications to BCA for public bid. The Project has been divided into Bid Schedule A and B: A) being the sewer portion of the work designed by BCA; B) being the roadway / shared use path portion of the work designed by CSI. The Project is currently in the bidding phase and it is anticipated that construction will begin as early as mid -August. BCA is seeking assistance with bid and construction phase services. SCOPE OF WORK Based on the Project Background outlined above, CSI will provide the following services where tasks will include: Bid & Construction Phase Services 1. Participate in a pre -bid meeting, answer questions, clarify expectations of the contractor, explain design rationale, etc. 2. Answer bid phase questions related to the roadway construction drawings and specifications. 3. Review bids with project requirements and make recommendations. 4. Participate at the pre -construction meeting, answer questions relative to expectations of the contractor, clarify roadway drawings and specifications, etc. 5. Attend up to three (3) construction progress meetings to coordinate the roadway work. 6. Provide site visits after progress meetings to observe as an experienced and qualified design professional the progress of Contractor's executed work and determine in general if the Work is proceeding in accordance with the Construction Contract Documents. 7. Provide clarifications and/or interpretations to the Contract Documents, Drawings, and Specifications and answer questions related to the roadway work. 8. Recommend and review Change Orders, as appropriate. 9. Review and approve or take other appropriate action with respect to shop drawings, samples, submittals and other required shop drawings, samples, and other required Contractor submittals. 10. Review certificates of inspections, tests, and approvals. 11. Issue punch lists and notices of defective work as required. 12. Provide other construction phase services requested by BCA and as allowed by available budget. Lehi, UT • St. George, UT • Twin Falls, ID • Dicls�on1112• Williston, ND • Woc 8-4 New Business CIVIL SCIENCE SCIENCE INFRASTRUCTURE, INC. FEE PROPOSAL CSI proposes to complete the Scope of Work outlined above as follows: TASK DESCRIPTION FEE TYPE FEE COMMENT Bid & Construction Phase Services T & M $24,000 Fee given as budget based upon anticipated amount of work and assumptions contained herein. Professional fees shown are not to exceed unless upon written authorization from BCA. Professional services rendered for the Time & Materials Fee Type will be completed by CSI at the rates and fees given in the attached Exhibit A. ASSUMPTIONS The following assumptions apply to the terms and conditions of this proposal: 1. BCA and/or the City will take a lead role during the construction phase; CSI will assist BCA in a supportive, as needed role, within the pre -authorized fees shown above. 2. It is assumed the City will provide full-time inspection for the Project. 3. The construction period will comprise of approximately 150 days. 4. Six (6) trips for meeting attendance have been assumed as follows: a. Pre -Bid Meeting = 1 trip b, Pre -Construction Meeting = 1 trip c, Construction Progress Meetings = 3 trips d, Substantial Completion/Punchlist Walk-through = 1 trip 5. Site visits and observations by Project Manager are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on professional judgment. We appreciate the opportunity to work with BCA and the City on this project. If BCA wishes to move forward with these services, we would recommend execution of a Contract Modification between the two parties. Please contact me at (435) 773-3120 or chowickCa�civilscience,com with any questions or concerns. Respectfully, Cody C. Howick, P.E. Project Manager Page 112 of 127 CV N a a 8-4 New Business EXHIBIT A CS Standard Unit Rates and Fee Schedule CIVIL SCIENCE INFRASTRUCTURE, INC. LABOR RATES: Services provided by Civil Science will be invoiced at the unit rates identified below; Labor Category Hourly Labor Rate' Engineer VI $170.00 Engineer V $150.00 Engineer IV $139.00 Engineer III $127.00 Engineer II $108.00 Engineer I $87.00 Survey V $139.00 Survey IV $125.00 Survey III $102.00 Survey II $87.00 Survey I $70.00 Survey Crew - 1-Man $110.00 Survey Crew - 2-Man $180.00 Senior Project Manager $150.00 Tech. V/Project Manager $130.00 Technician IV $122.00 Technician III $102.00 Technician II $86.00 Technician I $68.00 Admin V $175.00 Admin IV $140.00 Admin III $99.00 Admin II $74.00 Admin I $62.00 Clerical I $56.00 DIRECT REIMBURSABLE RATES: Mileage $0.545 / mile Lodging (as necessary and agreed upon) $ Cost / Night Daily Meal Per -Diem (as necessary and agreed upon) $46 / person / day TIME CHARGES: Time reporting for all office personnel is based upon actual time in office. Time reporting for all field work is based upon actual field work plus travel time to and from assigned office location. Time billed in 15 minutes increments. SUBCONTRACTS: General subcontracts, excluding consultant services, will be invoiced at cost plus a 15% handling charge to cover administrative costs associated with management and processing of the subcontracts. OTHER DIRECT COSTS: Expenses for in-house services such as computer usage, copying, and reprographics, are billed at a fixed rate or unit prices whichever is applicable. Specialized instrumentation, mobile laboratories, and related equipment are billed at fixed daily or weekly rate depending on the period of usage. Rate schedules are available upon request. Costs for project specific supplies or travel related expenses (lodging, meals, airfare, vehicle rental, etc...) are invoiced of the cost plus a 15% handling charge. AUDIT PRIVILEGES: All job audit privileges of CLIENT will extend only to review and approval of monthly invoices submitted by CS to CLIENT. Invoices prepared and submitted by CS will include copies of source documents of all expenditures including: time, fravel, subcontracts, supplies, equipment, materials, or premiums. The CLIENT may review, debate, or qualify items for payment at the time of invoice review and approval and payment of invoice. CLIENT waves post job audit privileges beyond invoice approval. CS will not retain job related support documents or any other billing documents beyond the periodic period, review period, and collection by CS of invoices submitted. ESTIMATES: Estimates are provided to the CLIENT for budgeting purposes only and are not an agreement by CS to perform the services for a lump - sum, fixed price, or not to exceed price unless otherwise provided for in the contract. CS reserves the right to change rates used on rate -based reimbursable contracts. Rates subject to change with written notice and agreement. Page 113 of 127 8-4 New Business City of Moab 100 West Infrastructure Improvements Project Hour Derivation and Cost Task Total Task Task Description Hours Budget No. Cody Howick Trevor Gardner Jacob Wilder Francoise Dupuis Jodi Bennett Mileage Per Diem Engineer V Engineer II Technician IV Admin IV Admin II per mile per person per day $ 150.00 $ 108.00 $ 122.00 $ 140.00 $ 74.00 $ 0.545 $ 46.00 HR $ HR $ HR $ HR $ HR $ Miles $ Meals $ 001 Project Management 002 Pre -Bid Meeting 003 Answer Questions, Addenda Items, Bid Review 004 Pre -Construction Meeting 005 Construction Progress Meetings & Site Visits 006 Provide Clarifications / Interpretations 007 Review & Return Submittals 008 Punchlist / Substantial Completion Walk -Through Total 16 14 5 14 42 28 26 14 159 1,800 2,500 800 2,500 7,600 3,300 3,000 2,500 24,000 6 $ 14 $ 5 $ 14 $ 42 $ 4 $ 16 $ 2 $ 300 16 $ 14 $ 2,100 $ 101 $ 15,150 32 $ 900 2,100 750 2,100 6,300 600 2 $ 976 $ 976 $ $ - $ 3,456 16 $ 1,952 2 $ 1,728 8 $ 1,728 8 $ 280 280 8 8 $ 592 700 $ 700 $ 2100 $ 700 $ 592 4200 $ 382 1 $ 46 382 1 $ 46 1,145 3 $ 138 382 1 $ 46 2,289 6 $ 276 Page 114 of 127 Moab City Council Agenda Item Meeting Date: September io, 2m8 Title: Ordinance #2018-18: An Ordinance Establishing the Position of Finance Director for the City Of Moab Presenter: David Everitt Attachment: • Draft ordinance • Finance Director job description Suggested Motion: I move to adopt Ordinance an8-18 -- An Ordinance Establishing the Position of Finance Director for the City Of Moab. Background/Summary: During the FY19 budget deliberations, the City Council approved funds for a Finance Director position. Utah state statute requires that the City formally create such a position by resolution or ordinance. The proposed ordinance adds language to the City Code that creates the Finance Director position. As discussed during the budget process, given that this is a new position for the City, the Finance Director's roles and responsibilities will evolve refine over time to best mesh with other positions within the City's administration. This position creates institutional resiliency and the capacity to provide longer -term planning and strategic thinking. This position is one of three in the newly -created Finance Department, which now includes business license administration. 1 Page 115 of 127 CITY OF MOAB ORDINANCE 2018-18 AN ORDINANCE ESTABLISHING THE POSITION OF FINANCE DIRECTOR FOR THE CITY OF MOAB The following findings describe the intent and purpose of this ordinance: a. The City of Moab desires to increase its staff capacity to manage and plan for its fiscal health. b. During the Fiscal Year 2018-2019 budgeting process, the City Council approved funds for a new Finance Director position; c. As authorized by Utah Code Annotated 10-6-157(1), "[t]he legislative body of a city of the third, fourth, or fifth class or of a town may, by resolution or ordinance, create a director of finance position to perform the financial duties and responsibilities of the city recorder or town clerk, as the case may be, as established by this chapter"; d. "A director of finance...shall be: (i) a qualified person; and (ii) appointed and removed by the mayor, with the advice and consent of the legislative body[.]" U.C.A. 10-6-157(2). e. The City finds that these changes are necessary and appropriate. Therefore, the City of Moab amends Title 2 of the Moab Municipal Code as described in Attachment A below. PASSED AND ADOPTED by the Moab City Council on this loth day of September, 2018. SIGNED: ATTEST Emily S. Niehaus, Mayor Rachel Stenta, Recorder 1 Page 116 of 127 Attachment A A newly -created "Chapter 2.14 Finance Director" shall read as follows: Chapter 2.14 FINANCE DIRECTOR Sections: 2.14.010 Position created. 2.14.020 Appointment. 2.14.030 Term. 2.14.040 Powers and duties. 2.14.010 Position created. As authorized by U.C.A. Section 10-6-157, the City establishes the position of Finance Director of the City of Moab, Utah. 2.14.020 Appointment. The appointment of a person to be known as the Finance Director shall be by the Mayor, upon subsequent confirmation by the City Council. The Finance Director shall report to and be supervised by the City Manager. 2.14.030 Term. The term of employment is subject to the provisions of the contract agreed to by the Finance Director and the City. The Finance Director is an at -will, exempt employee. Any person serving as Finance Director may be removed with or without cause by the Mayor with the consent of the City Council. 2.14.040 Powers and duties. The powers, duties, and obligations of the Finance Director shall be enumerated in the position description on file with the Office of the City Recorder. 2 Page 117 of 127 Moab City Council Agenda Item Meeting Date: September io, 2o18 Title: Acceptance of Annexation Petition from Sponsor William Hansen for 58.90 Acres located at Approximately 1248 South Highway 191 to Proceed with Certification Process Presenter: Rachel Stenta, City Recorder/Assistant City Manager Attachment: • Annexation Petition • Annexation Flowchart • Annexation Progress Checklist Suggested Motion: I move to Accept the Annexation Petition from Sponsor William Hansen for 58.90 Acres located at Approximately 1248 South Highway 191 to Proceed with Certification Process. Background/Summary: The attached proposed annexation for Kelly Shumway is in the initial stage. I've attached a flowchart for your reference that outlines the Annexation process as regulated by Utah State Code Annotated Title 10 Chapter 2 Part 1o. You will see that the first step is acceptance of the petition by the governing body. I then have 30 days to certify the petition. A public hearing date before the City Council will be set and the Planning Commission will review the annexation and make a zoning recommendation to the City Council prior to the public hearing. In response to public comment from previous annexations, after acceptance, we will post a notice of the proposed annexation on the property in question that will list the Planning Commission review meeting date as well as the City Council public hearing date. Please let me know if you have any further questions and thank you for your consideration. Page 118 of 127 8-6 New Business CITY OF MOAB - ANNEXATION PROCESS (REVISED 08/23/10 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 ► 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 1— City Recorder Records Annexation with County Recorder within 30 days of adoption Page 119 of 127 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 Contact Sponsor Name: Contact Sponsor Mailing Address: 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: 7 tt,Lr( 2-G� 20 Petition Description (Approximate Address): 12426,0 401(15e-4 1Z-14 S, 14wK 1R1 5 z-tuN 64 6,4.6, ur NZKef Fg5-3z Contact Sponsor Phone Number: 70e kc 0 q 3 7-O 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. Printed Name Mailing Address 1. Vito Gfr- .beuckmaNifu_c.. 544z S. goon. 1*53i IAL Iliam 1+665 \ S1-6, 121- SNI17- 2. Rif K floty6ak LTD s oteti►1 Signature Let4/7 r� ' vt c 3. diy14K- 4. 5. 6. 7. 8. 9. 10. * Moab City Code 17.12.150 Moab City — Annexation Petition 8-6 New Business Page 120 of 127 The ten-itory referred to herein is comprised of the following described real property in Grand County, State of Utah, to wit: Please attach a legal description of the proposed annexation and an accurate recordable map prepared by a licensed surveyor of the area proposed for annexation. Those properties described and set forth upon the attached pages through _, which pages are incorporated by reference and expressly made a part of this petition. List of Annexation Petition Attachments: ✓ Individual Legal descriptions for each property proposed for annexation; or A legal description that is inclusive of all properties proposed for annexation; _L. An accurate, recordable map prepared by a licensed surveyor of the area(s) proposed for annexation; ►'la- Copes of notices sent to affected entities; pia- A list of affected entities to which notices were sent; Please return this form with attachments to the Moab City Offices with an annexation petition fee* of $100.00 (for lots under five acres) or $400.00 (for lots over five acres). Please contact the City Recorder's Office at (435) 259-5121 if you have any questions regarding this form or this process. * Moab City Code 17.12.150 Moab City —Annexation Petition 8-6 New Business Page 121 of 127 July 30, 2018 View Gate Annexation Summary View Gate Development LLC., is instigating an annexation application for owned property at 1248 and 1260 S Hwy 191, as well as the contiguous 40 acres owned by Ron and Katherine Holyoak located to the south of our property. As part of this annexation request, we like wise request a zoning of C-4 on the property owned by View Gate Development LLC. The Holyoak property would remain medium residential. The purpose of a C-4 zoning for the approximate 19.54 acres is to utilize highway access for the current hotel being built under the grand County HC zoning, but to have the ability to use the remainder of the property for other commercial type uses. One of the main proposed uses would high density, medium income housing to benefit the community and assist in the shortage of such housing in the area. Additionally, the master plan would include both a small to medium unit retail structure near the Highway 191 frontage as well as professional office space. A smaller hotel and larger overnight accommodations will be included along with a few residential lots. We see the addition of this development as a broad and beneficial addition to the Moab City vision for the future. We look forward to working with you on this project. Thank You, View gate Development LLC 8-6 New Business Page 122 of 127 PARCEL 2 0 — 14oli oc& Prod)0'41 DESCRIPTION OF A PARCEL OF LAND IN THE N SECTION 18, T26S, R22E, SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: NE 1/4 of the NW 1/4 Section 18, T26S, R22E, SLM containing 40 acres. Together with an access and utility described as follows. A 66.0 FT. WIDE ACCESS AND UTILITY EASEMENT IN SECTION 18, T26S, R22E, SLM, GRAND COUNTY, UTAH, SAID EASEMENT IS 33.0 FT. EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: Beginning at a point which bears S64° 30'W 1451.3 ft. from the NE corner Section 18, T26S, R22E, SLM, and proceeding thence with said center line along the arc of a 661.1 ft. radius curve to the left 148.0 ft. (said curve has a chord which bears S83° 38'W 147.7 ft.), thence along the arc of a 661.1 ft. radius curve to the right 148.0 ft. (said curve has a chord which bears S83° 38'W 147.7 ft.), thence with the North line of the S 44 NW 1/4 NE 1/4 said Section 18 N89° 57'W 1013.6 ft. to the center 1/4 line said Section 18, the terminus of this centerline description. Together with a 66' wide access and utility easement that is adjacent to and north of the following described line: Beginning in the NE corner of S 34 NW 1/4 NE 1/4 of Section 18, T26S, R22E, and proceeding S89° 57'E 382.2 ft. Together with use of a 66' easement that is identified in land deeded to Kay L. and Judy Tangreen and recorded 24-SEP-1998, Record No. E 445602 B 0522 P 400 Together with any easements and covenants associated with property donated by the Ray Holyoak Family to Utah State University as recorded in Grand County on 29-JAN-1996, Book 483, Page 257, Ref. No. 435831. Subject to a 25' utility easement along a portion of the east side of the property. Subject to all easements, restrictions, covenants, and rights - of -ways however evidenced. 4 Page 123 of 127 E 4466E12 80527 P �50 Ent 528552 Bk 865 Pg 199 Date: 15-FED-2018 1:09:45PM Fee: $10.00 Charge Filed Ry: JAC JOIiN ALAN CORTE5 Recorder GRAND COUNTY CORPORATION For: ANDERSON-OLIVER TITLE INSURANCE AGENCY Mail Tax Notice to: View Gate Development, LLC, a Utah limited liability company 5442 South 900 East, Ste 531 Salt Lake City, UT 84117 WARRANTY DEED File Number. 10902 Danette H. Groesbeck, Sucessor Trustee of THE HOLYOAK FAMILY TRUST, GRANTOR(S), whose address is 825 Mountain View Drive, Moab, UT 84532 hereby CONVEY(S) AND WARRANT(S) to View Gate Development, LLC, a Utah limited liability company, GRANTEE(S) whose address is 5442 South 900 East, Ste 531, Salt Lake City, UT 84117 for the sum of ($10.00) Ten Dollars and No Cents and other good and valuable considerations the following described tract of land in Grand County, State of Utah, to - wit: Grand County, Utah: Beginning at the South Quarter comer Section 7, T26S, R22E, SLM, thence West along said Section line 660.0 feet; thence Northerly to a point 1301.39 feet North and 1950.55 feet East of the Southwest comer Section 7, T26S, R22E, SLM, thqn ce North 88°41' East 91.32 feet; thence North 89°45' East 177 feet; t5° thence North 53°54' East 22.61 fbet; thence North 63.05 feet to the South line of U.S. Highway 191 right- of-way; thence South 65°39' East along said Right-of-way to the East fine of the Southeast 1/4 Southwest 1/4 Section 7, T26S, R22E, SLM, thence South along said 40 acre line to the point of beginning. (Parcel No. 02-0007-0090) Together with but without warranties either express or implied, Water Right No. 05-569. Subject to easements, restrictions, and rights of way, however evidenced. WITNESS the hand of said Grantor, this 14th day of February, 2018. ii3OE ,6 mitzek..� Danette H. Groesbeck, ucessor Trustee of THE HOLYOAK FAMILY TRUST State of Utah ) )ss. County of Grand) On the II day of February, 2018, personally appeared before me, Danette H. Groesbeck, Sucessor Trustee of THE HOLYOAK FAMILY TRUST, the signer(s) of the foregoing Warranty Deed who duly asjcnowledged before me that he/OR/they executed the same. Nafary Public My commission expires: Residing in: Moab, Utah Fife No.: 10902 A02 Warranty Deed DAWN RENAE EDDY NOTARY PUBLIC -STATE OF UTAH MY Comm. 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Aenlne pual a lap Apes 1a40n11 00501,54 1310.3.11 MN 11s41 P40 4eIl110 ele16 04110 Waal aA 100.0 000.3910 ae 10A0A.S 04011eu01e3•041 a aw I law 4100' ame warn '1 31V3Id11830 s a0A3nans 1V•W gal/ We3a awwl an.�sa119 MVO] 919.1414.194 l 91.11.e9l9 e0 '9u t 44= Nonow e/419.Mn0w1 ONllw) nine ill � a3Naol�a'a. 0 F O'Et •10 3.112119 N .93 O'lel .e dn.0 1 OS .. 41N1 s Z199 3.05.ee.99N 1 Sin .VSLl 3.00S1.69N `. le .9O11.9e N .4.173 v3tll�i 411121 104,1102 Hvin 'AiNnop ONV219 :ILIO 9V0141 dVW NOIIVX3NNV 31VDNIM SHOW I NON OWO CIN exam ram —T ramarv.vt Hu, Ley, s..v1 AuL.N f..nl 0 ,w+1IrMv1 • 043031 Page 125 of 127 1 City of Moab Proposed Hansen-Holyoak Annexation 250 500 1,000 1,500 1 inch = 600 feet 2,000 Feet Legend 0 ity Limits Proposed Hanson-Holyoak Annexation Parcels 11 III Rh,* ir EP al I Fr NP nOrtakillit 6 ktor-v 4 • 1441 Dribs — • „ 41/ , 1,1 I Ye 01' Geezer \ .Meatithop a City of Moab Grand County I-1 r ' ai . c SS tibh. , .1, > h < ,iika 5111 IOUs di ail 11 lila li ‘ M• § • CD V C - C— / N. , -11 'LJ C F ' I g `-'\ i-,- I , \ L Proposed Hanson/Holyoak Annexation "J, „ Ca Holyoak Ln. • cn Grand County City of Moab "b.. - my No NKr aem abo mistk. ct • ' , Future USU pus MurphyLn 1 It! • r 8-6 New Business /-Y_ C 11 C V FRl �7 o% 25% 50% 75% i00% 1248/126o South Highway 191 58.9 Acres SPONSCR 1 NFCRVIAII CN Will Hanson / 208-860-937o williamahansent7a gmail.com A V EXAI1CNCH32fWST ITEM DENLS Update as of: 8/ 23/ 2018 Completed Petition Received 16-Aug-18 4/ 4/ Address (adjacent to City Limits) 1248/126o South Highway 191 Contact Name William Hansen 4/ Contact Phone # 208-260-9370 •/ Copy of Petition mailed to County Clerk & PC by applicant 17-Aug-18 4/ Notice of PC Meeting posted on property City Council Acceptance/Denial io-Sep-18 Notice of Denial Mailed Planning Commission Review Recommended Zone PC Annexation Review Received Certification Date Notice of Certification to City Council Notice of Certification to Affected Entities Notice of Certification Published Protest Period Ends Protests Received City Council Agenda to Set Public Hearing Ordinance # Public Hearing Date Ordinance Approval Date Notice of Annexation to Affected Entities Notice of Annexation Published Notice of Annexation mailed to Contact Sponsor Notice of Impending Boundary Action (Annexation) mailed to Lt. Governor m Certificate of Annexation received from Lt. Governor Annexation Recorded with County Recorder tecordation (UCA§ so-2-425(1)(b)(i ) Requires - Original Notice of Impending Boundary Action Recordation Requires- Original Certificate of Annexation Recordation Requires - Approved Local Entity Plat Recordation Requires - Original Ordinance Approving Annexation Recordation City Zoning Map Updated Annexation Complete! § Page 127 pf 127 Updated on: 8/23/2028 G:\Team Drives \Recorder Genera \An exations\Hanson\Annexation checklist hanson.xlsx 8-6 New Business Moab City Recorder's Office