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PKT-CC-2018-12-11
CITY OF MOAB UTAH Moab City Council December ii, 2018 Pre -Council Workshop/ Town Hall Meeting 5: oo P.M. REGULAR COUNCIL MEETING 7: oo P.M. Moab City Council Chambers City Center (217 East Center Street) Page 1 of 89 Page 2 of 89 CITY OF II oAfA., 5:00 p.m. City Council Regular Council Meeting City Council Chambers Tuesday, December 11, 2018 at 5:oo p.m. 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org TOWN HALL MEETING Proposed Ordinance #2o19-o2 - Planned Affordable Development (PAD) 7:oo p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 November 13, 24318 1-2 November 27, 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 Awards for the Grand County Middle School, Moab Charter School and Helen M. Knight Elementary School for December 2018 SECTION 6: NEW BUSINESS 6-1 Living Community Challenge and City Vision • Discussion Only 6-2 Proposed Ordinance #2018-22— Amending Moab Municipal Code 17.67.020 — Site Plan Requirements • Follow-up Briefing and Possible Action 6-3 Proposed Resolution # 52-2018 — Happy Days Minor Subdivision Located at 825 North 500 West in the R-2 Zone Page 3 of 89 " R e v i e w a n d P o s s i b l e A c t i o n 6 - 4 M a y o r a l A p p o i n t m e n t t o t h e M o a b C i t y W a t e r C o n s e r v a t i o n a n d D r o u g h t M a n a g e m e n t A d v i s o r y B o a r d " C o n f i r m a t i o n o f r e - a p p o i n t m e n t o f K y l e B a i l e y a n d J e r e m y L y n c h f o r t w o y e a r t e r m s e n d i n g D e c e m b e r 3 1 , 2 0 2 1 6 - 5 P u r c h a s i n g E x c e p t i o n f o r S t a t e A p p r o v e d C o n t r a c t s - R e t r o - c o m m i s s i o n i n g s e r v i c e s f r o m M K K C o n s u l t i n g E n g i n e e r s ( I M E G ) G r o u p f o r t h e A q u a t i c C e n t e r , C e n t e r S t r e e t G y m a n d C i t y C e n t e r " D i s c u s s i o n a n d P o s s i b l e A p p r o v a l o f C o n t r a c t n o t t o e x c e e d $ 8 7 , 5 0 0 6 - 6 P r o p o s e d R e s o l u t i o n # 5 4 - 2 o 1 8 D e s i g n a t i n g D e p o s i t o r i e s f o r M o a b C i t y F u n d s " B r i e f i n g a n d P o s s i b l e A c t i o n 6 - 7 P r o p o s e d 2 0 1 9 C i t y C o u n c i l M e e t i n g S c h e d u l e " P o s s i b l e A c t i o n 6 - 8 P r o p o s e d 2 o 1 9 M o a b C i t y H o l i d a y S c h e d u l e " P o s s i b l e A c t i o n 6 - 9 P r o p o s e d R e s o l u t i o n # 5 7 - 2 o 1 8 A p p r o v i n g a M e m o r a n d u m o f U n d e r s t a n d i n g b e t w e e n t h e C i t y o f M o a b a n d R o c k y M o u n t a i n P o w e r r e g a r d i n g t h e J o i n t C l e a n E n e r g y S t a t e m e n t " B r i e f i n g a n d P o s s i b l e A c t i o n 6 - i o P r o p o s e d R e s o l u t i o n # 5 5 - 2 o 1 8 A u t h o r i z i n g t h e C i t y M a n a g e r t o S i g n a M e m o r a n d u m o f U n d e r s t a n d i n g b e t w e e n t h e C i t y o f M o a b a n d R o c k y M o u n t a i n P o w e r f o r t h e C o n s t r u c t i o n a n d O p e r a t i o n o f B l u e S k y S o l a r A r r a y P r o j e c t s C l e a n E n e r g y S t a t e m e n t " B r i e f i n g a n d P o s s i b l e A c t i o n S E C T I O N 7 : A P P R O V A L O F B I L L S A G A I N S T T H E C I T Y O F M O A B S E C T I O N 8 : E X E C U T I V E C L O S E D S E S S O N 8 - 1 A n E x e c u t i v e S e s s i o n t o D i s c u s s t h e C h a r a c t e r , P r o f e s s i o n a l C o m p e t e n c e , o r P h y s i c a l o r M e n t a l H e a l t h o f a n I n d i v i d u a l S E C T I O N 9 : A D J O U R N M E N T I n c o m p l i a n c e w i t h t h e A m e r i c a n s w i t h D i s a b i l i t i e s A c t , i n d i v i d u a l s n e e d i n g s p e c i a l a c c o m m o d a t i o n s d u r i n g t h i s m e e t i n g s h o u l d n o t i f y t h e R e c o r d e r ' s O f f i c e a t 2 1 7 E a s t C e n t e r S t r e e t , M o a b , U t a h 8 4 5 3 2 ; o r p h o n e ( 4 3 5 ) 2 5 9 - 5 1 2 1 a t l e a s t t h r e e ( 3 ) w o r k i n g d a y s p r i o r t o t h e m e e t i n g . C h e c k o u r w e b s i t e f o r u p d a t e s a t : w w w . m o a b c i t y . o r g Moab City Council Agenda Item Meeting Date: December 11, 2018 #: Workshop Title: Planned Affordable Housing Ordinance Town Hall Date Submitted: December 5, 2018 Staff Presenter: n/a Attachment(s): • Proposed Ordinance 2018-19 (November 13 version) Renumbered Ordinance #2019-02 Recommended Motion: n/a Background/Summary: The Council decided to hold a town hall meeting to engage with residents about the merits of the proposed Planned Affordable Housing Ordinance. The attached draft is the one that staff briefed Council about at the November 13, 2018 meeting. Suggestions/edits proposed since that date have not been incorporated into this document yet. Below are the notes from previous agenda summary sheets for this item. November 13 update: Based on the City Council's discussion at the November 5 meeting, staff made the following changes to the proposed ordinance, which are reflected in the legislative version: 1. Clarified income categorizations (17.68.020(3)) 2. Clarified the definition of "Unit" (17.68.120(35)) 3. Reduced the maximum height allowed in R-2 to 24 feet (17.68.050(C)) 4. Exempted PAD subdivisions from the open space requirement (17.68.050(E)) 5. Increased the parking requirement in R-2 to "not less than one (1) space per studio or single bedroom unit. R-2 units having two or more bedrooms shall have parking of not less than one and one-half (1.5) spaces per bedroom." (17.68.050(H)) 6. Removed certain site plan requirements and instead referencing site plan requirements already in place in Title 17. (17.68.070) 7. Added an employment requirement to eligibility criteria for occupancy (17.68.120(A)) 8. Added utilities as a factor in rent calculation (17.68.120(B)) 9. Changed net asset threshold from 2 to 1.5 original purchase price (17.68.120(C)) Page 5 of 89 Workshop 1o. Clarified that PAD units are not to be used for nightly rentals. (17.68.13o(A)(4)) 11. Added provisions regarding interpretation (17.68.16o) and implementation (17.68.170) 12. Made cleanup and other minor changes throughout From the November 5 Agenda Summary Sheet: The Planning Commission held the public hearing on Ordinance #2018-19 October 11, 2018, and tabled the approval until more discussion could be held to address some concerns of commission members. In an additional meeting held on October 23, 2o18, the Commission amended the draft of the ordinance for referral to the Council. Those changes are identified in an attached redline version and incorporated into the attached clean draft. Subsequent to the discussion, the Commission identified some remaining concerns that they sensed needed to be addressed. Those concerns include: 1. Limiting the profit on any given PAD; 2. What is the appropriate size for a dwelling? Possibly enacting minimums for the area of each unit type or base the number of occupants on the area of the unit. 3. Minimum square feet of each dwelling for financing purposes; and 4. Lockable storage. This was incorporated into the draft as one of the amendments the Commission considered. (See Below) The City Attorney was asked to provide a legal opinion on these concerns and additionally a lapse of plan and start date for the 50-year affordability restriction were discussed. The changes that the commission is recommending in the version that is up for adoption include: 1. 17.68.o5o, A: change the "combination of one bedroom (or studio), two bedroom, and three bedroom" to read "two bedroom OR three bedroom units"; 2. 17.68.o5o, B: Remove the table. The Building Code, may change again as it did between the drafting of the 2015 and 2o18 editions; 3. 17.68.o7o, Submittal Requirements, 4, Landscape Plan: Remove "xeriscape plan"; 4. 17.68.050, O. Storage: Amend to read, "Each dwelling unit shall be provided with a separate, covered lockable storage space which is at least large enough to store adult bicycles"; 5. 17.68.a7o, A, 3: Add text referencing future lighting ordinances; 6. 17.68.o7o, A, 4: Remove xeriscape plan; 7. 17.68.12o, Affordability Controls, A, Eligibility: Insert "biennially" in place of "from time to time". Page 6 of 89 Workshop Also, City Staff recommends that the number of parking spaces in 17.68.050, H, be consistent and reduced to the original requirement of one space per unit. Paved parking rapidly erodes the developable area that could be utilized to provide more units. Staff would like to point out that the property scheduled for a City housing project is split zoned R-2/R-4 and a PAD would be instrumental in maintaining a feasible number of units for the site. The attached draft has incorporated changes desired by the Planning Commission that were assembled from several meetings including a table indicating the ratio of PAD Units per number of market rate units to Section 17.68.050. If adopted, this overlay will be allowed in the R-2, R-3, R-4, and MH/RV-1 Residential Zones. It will be allowed in the C-1, C-2, C-4, and C-5 Commercial Zones. The C-3 allows housing under other options. The City could realize housing of 36-4o units per acre and this level of intensity is in line with the recent Housing Feasibility Study that suggested this density range is necessary to begin addressing the City housing issue. On October 11, 2018, the Planning Commission held the public hearing and received several valid comments from the public. These were further discussed at the meeting on October 23, 2018, prior to the Commission forming a recommendation to Council and are attached for your review. Page 7 of 89 Workshop 1 1 1 1 CITY OF MOAB ORDINANCE #2018-19 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE BY ADDING A NEW CHAPTER 17.68 PLANNED AFFORDABLE DEVELOPMENT (PAD) The following findings describe the intent and purpose of this ordinance: a. The City has enacted Title 17.00, Zoning, of the Moab Municipal Code, which governs land use and development within the City Limits. b. From time to time the City undertakes to revise its zoning ordinances to improve the quality of land development and align the Code with state law and contemporary planning concepts. c. The City has also adopted a Moderate Income Housing Plan and is in the process of reviewing barriers to the construction of housing in the community. d. The Council is in support of eliminating barriers to increasing the inventory of workforce housing. e. The City Council adopted the Moab Area Affordable Housing Plan as an addendum to the City of Moab General Plan on January 8, 2017. f. Housing stock in Moab is being consumed by nightly rentals, second homes; and tourism related lodging_ so P_persons employed in tourism and lodging -related occupations are unable to afford housing given current wage and housing trends. g. Concurrently, the cost of housing has become increasingly unaffordable, with a median home prices of $325,000.00, as compared to annual household median income of $42,200.00.64,300. h. The lack of affordable housing can result in crowding, undesirable living conditions, and a decrease in the quality of life for Moab workers and their families i. The City has committed to encouraging the development of affordable housing opportunities by creating the Planned Affordable Development (PAD) housing option The City finds that there is a public need to adopt Ordinance #2018-19 so additional housing options may be provided through greater flexibility in residential development. j-k. The approval of PAD housing subject to affordability controls is in the public interest and within the legitimate police powers of the City. Now therefore, the City of Moab ordains the following amendments to the Moab Municipal Code are adopted and effective immediately upon passage. 11Page Page 8 of 89 Workshop 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 17.6 8.160 Interpretation 17.68.170 Implementation 17.68.10 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. 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 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. 2IPage Page 9 of 89 Workshop 3. "Affordable Housing" means housing developed pursuant to this Chapter in which the sales price of the let-er 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. Affordable housing is further defined by the following income subcategories: 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. "Low Income" means household income which is between sixty percent (60%) and seventy nine percent (79%) more than thirty percent (30%) but less than eighty percent (80%) of Grand County Area Median Income. as defined by HUD. c. "Very Low Income" means household income which is between thirty percent (30%) and fifty nine percent (59%) or less thanof Grand County Area Median Income. as defined by HUD. d. "Extremely Low Income" means household income which is below thirty percent (30%) Hof the 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. 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. 3IPage Page 10 of 89 Workshop 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. "Habitable Room" means a heated room in a dwelling that is intended for human occupation. Habitable rooms do not include bathrooms, closets, storage rooms, utility spaces, or the like. 18. "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. 19. "HUD" means the United States Department of Housing and Urban Development. 20. "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. 4IPage Page 11 of 89 Workshop 21. "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. 22. "Market Rate" means a housing unit offered for sale or lease which is not subject to the affordability controls of this Chapter. 23. "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. 24. "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). 25. "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. 26. "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. 27. "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. 28. "Preliminary Plat" means a map of a subdivision 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 subdivision. The Preliminary Plat shall include such other submittals as to planned improvements as are required by this Chapter. 29. "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. 5IPage Page 12 of 89 Workshop 30. "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. 31. "Setback" means the minimum distance from a specified boundary that a structure or other feature must be located. 32. "Subdivider" means any person creating a subdivision pursuant to this Chapter and offering affordable housing units or lots for sale to eligible persons. 33. "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. 34. "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. 35. "Unit" means a residential dwelling containing, at minimum, a permanently installed kitchen (including, a sink, stove, refrigerator, counters, and cabinets) , bathroom (sink, toilet, and a shower or bathtub), bedroom (or sleeping area), living room (or area), parking, and storage space. All habitable rooms shall be separate from the bathroom(s). 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; 2. Commercial Zones: C-1, C-2, C-4, and C-5 zones. B. Housing types for a PAD development 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 6IPage Page 13 of 89 Workshop 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, andor 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. Where an application includes phased development, affordable units shall be constructed as part of each phase with not less than the minimum required ratio in each phase. PAD developments shall meet the following requirements as to types of affordable units within each application: Total Affordable Market Rate Units Moderate Income, Low Very Low Income PAD Units 2-4 1 5 — 19 20% 80% 20+ 20% 75% 5% B. Minimum Unit Sizes. All housing units developed under this Chapter shall contain, at minimum: a permanent kitchen (including, at minimum, a sink, stove, refrigerator, counters and cabinets) ; 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 Habitable :..ms: Min. Dime Min. Heigh Areas Un•er 5' Hig Requirement 70 s • , re fee excluded from room area calculation C. Height of structures. The maximum building height of all buildings in a PAD development shall be as follows: 7IPage R-2:; 24 feet R-3, and R-4 Zoning District: 30 feet C-1, C-2, C-4, C 5 Zoning District: 40 feet Page 14 of 89 Workshop Building height shall be measured from the average finished grade of the building to the midpoint of the highest plane 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. 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. PadAD rental developments 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 area. Required parking spaces, stairways, elevators, and hallways shall not be calculated as open space. Provided that each lot has adequate open space, PAD subdivisions are not subject to the five percent requirement of this Subsection (E). 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 for all PAD developments in the R-3, R-4, C-1, C-2, C-5 and C-5 zoning districts at a rate of not less than one (1) off-street space per dwelling unit. bedroom unit. PAD developments in the R-2 zoning district shall provide off-street vehicle parking at a rate of not less than one (1) space per studio or single bedroom unit. R-2 Uunits 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. Where the number of required parking spaces is a decimal of .5 or higher, the required number of spaces shall be rounded apward,downward 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. J. Manufactured housing. All manufactured housing to be utilized in developments under this Chapter shall comply with all other provisions of the building code. 8IPage Page 15 of 89 Workshop 1 1 1 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 a separate, covered lockable storage space which is at least large enough to store adult bicyclesproportionate to the size of each Wit. Units having more than one bedroom shall provide proportionately larger storage space. P. Advisory Document Consistency. 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. Lot Sales with Finished Dwellings. PAD subdivisions shall include the sale of an affordable housing unit together with the sale of 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. 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 9IPage Page 16 of 89 LWorkshop ] 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 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 101 Page Page 17 of 89 LWorkshop ] Director, the application must include four copies and electronic PDF copies of all design drawings and submittals. A,B. The application must include the following:PAD applications shall conform to the submittal requirements of Chapter 17.67, Site Plan Review, except that site plan submittal requirements are waived for development of the following: i) a single dwelling unit; ii) a twin -home or duplex; or iii) development of up to six (6) dwelling units. Developments subject to this subsection (B) shall submit all required building permit submittals with the application, and City staff may require supplementation of submittals to assure compliance with this Chapter. Subdivision Developments subject to this subsection (B) shall also submit a proposed Final Plat for review and approval. Preliminary Site Plan. Applicants for a PAD rental development shall submit a one inch equals fifty feet (on paper no larger than twenty four inches by thirty six inches) that shall include: b-.-13"Ve� JtrCet T-all#Right ^+'y La ekide-WillthS-ef-PaVeMen�,•,krb-and gutter, and dimensions of rights of way; c. Parking and Loading. The parking plan must include a count of spaces and accessed by a state or federal highway, a completed highway access permit application from the Utah Department of Transpertatien (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; £ Common Open Space. All open space, ^ „arks side , alks, an 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 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. 111Page Page 18 of 89 Workshop h: Use Typcs. 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 dime sizns an v., fer e- e'''e* „tt m ,s* be slie , n k. Adjacent Zoning. Zoning for adjacent properties within three hundred feet of the subject property shall be shown; 1. Fire Hydrants. The locations of all fire hydrants; 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 accompanythe submitted ei 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 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: b. Bathrooms; 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; n i i f;„; s ed-fir-st-fleer-elevatiens 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 mounted flood lights that direct outward toward other properties and roadways are 121Page Page 19 of 89 LWorkshop ] prohibited. If future ordinances addressing lighting are adopted, those requirements shall supersede the above in the case of conflicts. 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. planned development, wetlands, riparian areas, and floodway plan drawn by an engineer, surveyor, or other appropriate consultant must be submitted. Probable wetlands shall be 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). 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 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; i, ion a •two i a s etent-i ar v�rccs-cr'rc�cresTcc�nt�err�vncrs� rrirrcuscc i. One hundred year event (base) flood areas; 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 1. All structures for drainage and flood control shall be designed, at a minimum, to successfully convey the anticipated one hundred year frequency storm vent for 131Page Page 20 of 89 LWorkshop ] maximum period of intensity over the entire drainage basin. The applicant shall submit calculations to show that all structures have adequate capacity to accommodate flows expected to result from the designated storm event. Crading 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 construction. Details f eur-bs „tier-s side alas dr-a , age stru tur-es „a e systems, dimensions of all improvements, size, location, thickness, materials, strengths, and necessary reinforcement must be shown. 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 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 s„bni-it draft v its „ditien r a rest -iet ,,,, f , 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. 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; e. Analysis and evaluation of such information with recommendations regarding structural constraints, erosion control, and requirements for building design. described as follows: 141 Page Page 21 of 89 Workshop Single Family Housing, 50 units or more; Mobile home parks, 100 units or more. do not generate the level of trips specified where: 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. shall conform to street classifications and design standards adopted by the City. C. 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. �D. 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. DOE. Affordable Housing Development Plan. The Affordable Housing Development Plan shall contain, at a minimum, the following information: 1. A general description of the development, including whether the development will contain units for rent or sale; 2. The total number of market -rate units and affordable housing units (with descriptions of the income subcategories) 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; 151Page Page 22 of 89 Workshop 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. &F. 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 CouncilAppeal Authority at -the tinteprior to of Final Plat/Plan review. Staff shall provide a recommendation with respect to the proposed variance. The Appeal Authority 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-ddwelling units, as defined in the Moab Municipal Code 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 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 161Page Page 23 of 89 LWorkshop ] * 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 § 17.72.120 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. D. A judicial 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. 171Page Page 24 of 89 Workshop 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. 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 181Page Page 25 of 89 Workshop 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 f ^ *ime*^ t-i fne b;o,,nial y annually 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. To be eligible to occupy affordable housing under this Chapter the following criteria must be met: 1. The persons comprising the household must have a combined household income which does not exceed one hundred percent (100%) of the Grand County, Utah, Area Median Income (AMI), as published by HUD from time to time. 2. At least one person in the household must be either: i) employed full time in Grand County; ii) disabled; or iii) over sixty (60) years of age and retired from the workforce. 2,3.A11 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) and less reasonable utility costs that does not exceed thirty percent (30%) of the area median income (AMI) for a Grand County household of four (4) persons, as adjusted from time to time, divided by twelve (12) months (the Allowed Rental Rate). The Allowed Rental Rate calculation shall assume a reasonable allowance for annual utility costs that may be incurred by the tenant. Units with greater than or less than (3) bedrooms shall be rented at a rate which is adjusted proportionately. As an illustration, the aAllowed Rental Rate per monthly -rent for an Aaffordable Uunit based on Grand County AMI of $55,000 would be as follows: 3 bedroom: AMI $55,000-$1,200 (annual utility allowance) x 30% - 12 = $1,375.001,345.00 per month; 2 bedroom: _ $915.75896.66; 1 bedroom: — $157.88148.33. 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. 191Page Page 26 of 89 Workshop 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: Total household net assets (asset value after deduction of the value of any liens -such as a car loan) shall not exceed one and one-half (1.5) two-times of the Original Purchase Price (OPP) or the subsequent sales price 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; 201 Page Page 27 of 89 Workshop 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 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,. er-leasing of PAD sales units is prohibited, or the offering or use of PAD units as overnight accommodations 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. 211Page Page 28 of 89 Workshop 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 the affordability controls continue. In that case the owner or the City shallmay 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 CCRs shall provide mechanisms for enforcement of community rules, collection of assessments (if applicable), and maintenance of common areas. 17.68.140 Impact Fees 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 damagesincluding, 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 221Page Page 29 of 89 Workshop disgorgement of any proceeds realized by a Subdivider, Developer, or any successor in title 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. 17.68.160 Interpretation This Chapter shall be interpreted and construed in manner that conforms to applicable law. If any provision shall be found to be unlawful or otherwise unenforceable, it shall be stricken or reformed in a manner that conforms with applicable law, without invalidating the entire ordinance. 17.68.170 Implementation City staff may develop and implement program rules consistent with this Chapter. 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 S. Niehaus Attest: By: Rachel Stenta, Recorder Date 231Page Page 30 of 89 Workshop MOAB CITY COUNCIL MINUTES --DRAFT REGULAR CITY COUNCIL MEETING NOVEMBER 13, 2o18 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, Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Development Services Manager Sommar Johnson, Treasurer Chantel Lindsay, Public Works Director Pat Dean, Assistant City Manager Joel Linares, City Engineer Chuck Williams, Communication Director Lisa Church, Police Chief Jim Winder, Assistant City Engineer Eric Johanson, Records Specialist Eve Tallman and Sustainability Director Rosemarie Russo. Workshop: Mayor Niehaus called the workshop to order at 5:0o PM. The workshop consisted of briefings on the Draft Downtown Master Plan and the Draft Citywide Parking Plan. Consultant Ben Levenger of Downtown Redevelopment Services presented his work on the Downtown Plan. He described current conditions of City infrastructure in the downtown including sidewalks and curb conditions. Thomas McMurtry of Avenue Consultants discussed pedestrian and traffic counts. Downtown buildings were discussed in terms of architecture and signage was characterized as distracting. The results of a citizen survey about downtown needs were briefly presented, including public meeting input about Main Street parking, reducing traffic, and more. The consultants made transportation recommendations regarding pedestrian sidewalks, bike lanes, back -in angled parking on side streets and eliminating left turns from Main Street. Councilmember Jones asked about how to diversify the businesses on Main Street. Mayor Niehaus brought up the notion that downtown is a shopping district and added there are emergent business districts, notably on 40o East. Jones asked about how to develop side streets with businesses and about other civic amenities such as courtyards. Councilmember Derasary asked about downtown housing and Levenger stated that residential parking was a concern and offered that people who live in a downtowns are not likely to have cars. He added that second stories of existing buildings are commonly used for professional offices. Mr. McMurtry then moved to the presentation of the draft parking plan. City Engineer Williams introduced the project. He described the results of the inventory and activity study. Councilmember Derasary asked about some of the data collected and suggestions for trailer parking. Williams acknowledged the long vehicle conundrum. Councilmember Duncan brought up better signage for the existing public parking lot west of Main Street. Councilmember Guzman -Newton stated the data suggests there is ample parking available, and Williams pointed out the inventory of empty spaces is perceived to be too far from destinations. He suggested the proposed parking structure downtown would solve for lack of available parking near Center and Main, and a dispersed lot near the north curve of Main Street to serve businesses and events at Swanny Park. Councilmember Jones asked about signage and brought up the likelihood of downtown residents having their own cars. Councilmembers discussed nightly rentals versus the development of apartments, as well as limiting large corporate hotels in the downtown and requiring street -level retail storefronts. Councilmember Jones also asked about the procedure for implementing a facade plan. Regular Meeting: Mayor Niehaus called the Regular City Council Meeting to order at 7:0o PM and led the Pledge of Allegiance. Fifty members of the public and media were present. Page 1 of 5 November 13, 2018 Page 31 of 89 1-1 Minutes Approval of Minutes: Councilmember Duncan moved to approve the minutes of the October 23, November 1 and November 5, 2018 meetings. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman - Newton and Duncan voting aye. Mayor and Council Reports: Mayor Niehaus reported on meetings that she attended including for BEACON, joint City Council/County Council, Powerhouse area planning, the Community Reinvestment Area (CRA), key -leaders and the school district community coordinator, public safety, a business summit and Moab's Veteran's Day celebration. She mentioned the Moab Charter School wants a City Council liaison. She also mentioned progress on a reusable bag plan. Councilmember Derasary reported on a meeting with TrailMix where the City was praised for passing funding in the budget amendment. She brought up a crosswalk near Dogwood and mentioned TrailMix had questions about the too West bike lane striping. Derasary reported she attended meetings of the Canyonlands Health Care Special Services District and Emergency Medical Services. She also acknowledged letters she had received regarding the CommuniTea Garden. Councilmember Duncan brought up the school district's bike mechanic program. Councilmember Knuteson-Boyd mentioned a housing authority meeting she attended and noted the Moab Area Project for Seniors (MAPS) was moving forward. Councilmember Guzman -Newton reported she attended a meeting of the Chamber and noted there are openings. She mentioned a grant from the National Park Service to solve for access to Mill Creek at Powerhouse. She also attended meetings for the CRA, with the school district community coordinator and the school board. She urged people to visit the school district's Facebook page to read the Superintendent's message regarding a petition that has been circulating regarding the proposed new middle school and added that the proposed construction will not raise taxes. Councilmember Jones reported on meetings he attended for the housing task force, the solid waste district, the CRA, and the International Dark Skies group. He mentioned a new solid waste manager had been hired. Administrative Report: City Manager Everitt reported on a panel he participated in for the Upper Colorado River Basin workshop. He stated his impression that the City is doing the necessary work regarding water conservation. Presentations: Students of the Month: Mayor Niehaus awarded the Mayor's Student of the Month Awards for November 2018 to Moab Charter School Student Danger Bell, Helen M. Knight Elementary School Fifth Grader Kaci Hamilton, Eighth Grade Grand County Middle School Student Wyatt Miller and Seventh Grade Grand County Middle School Student Reinee Roberts. Annual Audit: Jon Haderlie of Larson and Company presented the annual audit of the City of Moab for Fiscal Year 2017-2018. Page 2 ` 5 November 13, 2018 Page 32 of 89 1-1 Minutes Citizens to Be Heard: Claire Core spoke about the Resiliency Hub's CommuniTea Garden and the damage done during recent sewer line work. She urged the City to integrate green infrastructure as per the General Plan. She explained the intent of green spaces and referred to water conservation goals and green stormwater management. Kelly Thornton spoke in favor of the Planned Area Development (PAD). She stated a great deal of work by many persons including three City Managers and experts had culminated in much feedback. She mentioned that on a regular basis, she meets people who are living in cars while maintaining jobs due to the lack of housing stock. She said that density is the only way to make a dent. She said that the City's Walnut Lane project is a drop in the bucket. She urged the Council to be brave. Kaitlyn Myers implored the Council to pass the PAD and workforce housing ordinances. She stated she moved to Moab in 2o16 as a worker for Volunteers In Service To America (VISTA) with a goal of alleviating poverty. She said she works full time and has four roommates and knows many workers who do not have adequate housing. She concluded that the City needs action now. J.D. McClanahan stated that two-thirds of his salary goes to rent a room in someone else's home. He said that the PAD policy may be imperfect but it is better than none. He urged the Council to open up affordable housing opportunities. Judy Powers referred to the code changes including bed and breakfasts in the downtown area. She added she likes the new sidewalks in the northwest part of town. Referring to the downtown parking plan, she said she likes no left turns, a median, and wants to close Center Street west of Main. She agreed with the TrailMix concern about a crosswalk near Dogwood. She mentioned signage and requested no trailers and recreational vehicles in downtown and wanted a definition of group homes. She urged Council to pass the code changes by the end of the year. Special Events: Seekhaven Fundraiser Fee Waiver Approved Motion and Vote: Councilmember Guzman -Newton moved to approve a Special Event Fee Waiver not to exceed $too for Seekhaven's Puttin' on the Ritz event on February 16, 2o19. Councilmember Derasary seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Duncan, Derasary, Knuteson-Boyd and Guzman -Newton voting aye. Old Business: Conditional Uses Amendments Approved Motion and Vote: Councilmember Jones moved to adopt Ordinance #2018-oi to removed conditional uses from the Moab Municipal Code and amend the uses to be allowed uses with standards in Title 17 of the Municipal Code, with the understanding that the following are associated with the intent of this motion: one, that the Council will hold a workshop in the next two months to discuss code enforcement and associated standards for residential properties; two, that the Council will discuss and act upon an occupancy limit for residences in the next two months; and three, that staff will develop a licensing program for long-term rentals. Councilmember Knuteson-Boyd seconded the motion. Councilmember Duncan moved to amend the motion to add language in the definitions section to include that the definition of household shall read: "household means one or more persons related or unrelated who live in the same dwelling and share meals or living accommodation, and may consist of a single family or some other grouping of people. A household shall not be occupied long-term by more than 3 5 November 13, 2018 Page 33 of 89 1-1 Minutes two individuals per bedroom, plus one additional individual per household." Councilmember Derasary seconded the amendment. The vote on the amendment failed 2-3 with Councilmembers Duncan and Derasary voting aye and Councilmembers Jones, Knuteson-Boyd and Guzman -Newton voting nay. The vote on the original motion passed 5-o aye with Councilmembers Jones, Duncan, Derasary, Knuteson-Boyd and Guzman -Newton voting aye. Planned Affordable Housing Developments —Tabled Discussion: Mayor Niehaus stated she was in favor of the proposed ordinance as written. Councilmember Knuteson-Boyd said she agreed with the proposed changes and Councilmember Duncan stated he wanted to table the motion until the R-2 issues were worked out and urged the scheduling of another Town Hall meeting. Councilmember Derasary stated she needed more time to examine the document. Councilmember Guzman -Newton also said she needed more time and wants the community to weigh in on R-2 issues. Councilmember Jones stated he wanted to pass it and acknowledged the work that had gone into it and was frustrated with the document editing process since his suggestions were lost. He mentioned differentiating between retirees and workforce residents and the differentiation between moderate and low income candidates for housing. A joint Planning Commission and City Council workshop with public hearing was announced for November 27. Motion and Vote: Councilmember Duncan moved to table to the December 11 meeting the consideration of proposed Ordinance #2o18-19 — Planned Affordable Housing Developments. Councilmember Derasary seconded the motion. The motion to table passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Assured Workforce Housing Approved Discussion: Councilmembers and staff edited the draft document to address concerns. Motion and Vote: Councilmember Jones moved to approve Ordinance #2o18-2o— Assured Workforce Housing. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Annexation Public Hearing Approved Motion and Vote: Councilmember Derasary moved to send Proposed Ordinance #2o19-oi — Annexation of Hansen/Holyoak Property to Public Hearing on December ii, 2018 at approximately 7:15 PM. Councilmember Jones seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Waste Hauling Contract —Discussion Sustainability Director Rosemarie Russo introduced the waste hauling contract and stated there was one qualified bidder and stated the City was now negotiating the possible terms of the contract. Mandatory recycling and varying rates and bin sizes were mentioned. She said options would be presented to Council in the near future. New Business: Annual Audit Accepted Motion and Vote: Councilmember Derasary moved to accept the Annual Audit of the City of Moab for Fiscal Year 2o17-2o18. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman - Newton and Duncan voting aye. 4 5 November 13, 2018 Page 34 of 89 1-1 Minutes Community Reinvestment Project Area Plan Approved Motion and Vote: Councilmember Duncan moved to approve Ordinance # 2018-21 — Adopting the Community Reinvestment Project Area Plan for the South Moab Community Reinvestment Project Area for Utah State University (USU). Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Extension to an Improvements Agreement Approved Motion and Vote: Councilmember Duncan moved to approve Resolution # 51-2018 — An Extension to an Improvements Agreement with Chad Harris. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Community Contributions Approved Motion and Vote: Councilmember Duncan moved to approve the Community Contributions ad hoc committee's recommendations for 2o18 grants. Councilmember Guzman -Newton seconded the motion. The following funding was approved: Moab Valley Multicultural Center ($5,000), Humane Society of Moab Valley ($5,000), KZMU Moab Community Radio ($5,000), Moab Free Health Clinic ($7,5oo), Youth Garden Project ($3,000), Grand County Schools BEACON Afterschool ($3,000), Seekhaven Inc. ($1o,000), Grand County Schools Grand Area Mentoring ($3,000), WabiSabi Inc. ($5,000), Canyonlands Arts Council doing business as Moab Pride ($3,000) and Moab Solutions Inc. ($2,000). The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Approval of Bills: Councilmember Guzman -Newton moved to approve payment of bills against the City of Moab in the amount of $18o,451.9o. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Executive Closed Session: Motion and Vote: Councilmember Jones moved to enter an Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. 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 opened the executive session at io:3o PM. Councilmember Knuteson-Boyd moved to close the Executive Session. Councilmember Jones seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus closed the Executive Session at ii:o7 PM. Adjournment: Councilmember Knuteson-Body moved to adjourn the meeting. Councilmember Jones 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 ii:o7 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder 5 5 November 13, 2018 Page 35 of 89 1-1 Minutes MOAB CITY COUNCIL MINUTES --DRAFT CITY COUNCIL AND PLANNING COMMISSION SPECIAL JOINT WORKSHOP MEETING NOVEMBER 27, 2o18 Call to Order and Attendance: The Moab City Council and Moab City Planning Commission held a Special Joint Workshop Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A meeting recording is archived at http://www.utah.gov/pmn/index.html. Mayor Emily Niehaus called the meeting to order at 6:o8 PM. In attendance were Councilmembers Rani Derasary, Tawny Knuteson-Boyd, Karen Guzman -Newton, Kalen Jones and Mike Duncan. Planning Commission members in attendance were Marianne Becnel, Chair Jeanette Kopell, Brian Ballard, Allison Brown and Kya Marienfield. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Senior Project Manager Tracy Dutson, City Planner Jeff Reinhart and Development Services Manager Sommar Johnson. Thirty members of the public and media attended. Workshop Session Regarding Housing: Planning Commission (PC) member Becnel asked for concerns regarding housing. The first topic regarded unlimited growth without form -based guidance. Becnel explained the proposed Planned Affordable Development (PAD) would be an overlay district allowing increased density with tenant income restrictions. Mayor Niehaus added that developers would apply for a PAD. Becnel further explained restrictions on PAD density including parking requirements, height limitations and building code. Dutson was asked how the City could keep something huge and unwanted from going into a residential area. He mentioned restrictions on parking and existing zoning code would limit the size of PADS. Marienfield clarified that setbacks in the underlying zones would apply to PADS. Councilmember Jones explained form -based planning and cohesive urban form. Concerns about density, neighborhoods and community were brought up. Brown talked about small developments rather than large developments. Dialog ensued about PADS in the R-2 zone, increased traffic impacts, employed local residents as tenants and PAD site size. Mayor Niehaus asked whether PC members were still in favor of the PAD and all those present indicated they were. She stated her support and asked Councilmembers if they were in favor of the PAD. Councilmembers Knuteson-Boyd and Jones said they were in favor with changes. Councilmember Duncan said he was not ready to vote on the PAD due to concerns about R-2. Councilmember Derasary stated she hoped to discuss growth and density in general and was not ready to vote on the PAD until there was a Town Hall and more input from residents. Guzman - Newton stated she is in favor of the PAD and concurs with Councilmember Duncan about making concessions regarding R-2. PC chair Kopell asked Councilmembers to develop a plan concerning R-2. Derasary expressed her concern that a long-range vision and planning map are desirable. Height restrictions were again discussed, as well as street width, footprint proportions, general City design requirements and neighborhood character. The lack of viewshed protection in City Code was noted as well as protection of solar access. The upcoming Town Hall was discussed along with future directions that Council may take with regard to PAD or other incentive -based affordable housing solutions. Establishing connections between PC and Council was brought up. The zoning map and a future workshop about growth was mentioned. Adjournment: Mayor Niehaus adjourned the meeting at 8:07 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder 1 1 November 27, 2018 Page 36 of 89 1-2 Minutes Moab City Council Agenda Item Meeting Date: December 11, 2018 PL-I8-GO #: 6-2 Title: Consideration to Adopt Ordinance #2018-22 Amending the Moab Municipal Code 17.67.020, Site Plan Required —Exemptions, Paragraph B, To Exempt Residential Development Of Up To And Including Six Multi -Household Dwellings From Site Plan Review, as Referred to Council by the Planning Commission Date Submitted: October 3, 2018 Applicant: City Planning Staff Staff Presenter: Jeff Reinhart, Planning Director Attachment(s): Draft Ordinance #2018-22 Options: Approve, approve with conditions, deny with reasons Recommended Motion: I move to adopt Ordinance #2018-22 to amend Moab Municipal Code 17.67.020, B to allow an exemption from the site plan requirements for up to a six unit multi - household dwelling. Background/Summary: While there is an exemption to a required site plan review for 1 and 2 household dwellings in 17.67.020 staff has determined that it is too restrictive and serves as a very costly barrier to multi -family housing. Ordinance #2018-22 will remove the requirement of the site plan review process for multi -family residential uses for three to six units. Staff is promoting this amendment and recommends approval. Page 37 of 89 6-2 New Business ORDINANCE #2018-22 AN ORDINANCE AMENDING MOAB MUNICIPAL CODE SECTION 17.67.020, SITE PLAN REQUIRED —EXEMPTIONS, PARAGRAPH B, TO EXEMPT RESIDENTIAL DEVELOPMENT OF UP TO AND INCLUDING SIX MULTI -HOUSEHOLD DWELLINGS FROM SITE PLAN REVIEW The following findings describe the intent and purpose of this ordinance: a. The City has enacted Title 17.00, Zoning, of the Moab Municipal Code, which governs land use and development within the City Limits. b. From time to time the City undertakes revisions of Title 17.00 to improve the quality of land development and align the Code with state law and contemporary planning concepts. c. Housing stock in Moab has been increasingly consumed by second homes and tourism related lodging. d. Persons employed in tourism and lodging -related occupations are unable to afford housing, given current wage and housing trends. Pursuant to the 2018 Assured Housing Feasibility Analysis performed for the City, zero percent (0%) of the housing available in the Moab/Grand County area is affordable to persons earning wages typical in the lodging/hospitality industry. e. The City has committed to encouraging the development of affordable housing through the use of many mechanisms to prevent a decrease in the quality of life for Moab workers and their families. f. The text of 17.67.020 has been found to be overly restrictive for the development of multi - household residential uses of three to six units. g. The City finds that this ordinance will serve the public health, safety, and welfare, and that adoption is in the best interests of the Moab community h. This ordinance was reviewed by the Planning Commission on November 8, 2018, and in a to vote, the Commission favorably recommended approval of the ordinance to City Council. Therefore, the City of Moab enacts as follows: 17.67.020, paragraph B that currently reads: B. Site plan review is not required for the development of the following, as defined in this title: a single-family dwelling; a twin home or duplex; a secondary dwelling unit; subdivisions; planned unit developments; master planned developments; development requiring a conditional use permit; or remodeling or additions of existing structures comprising less than two thousand square feet of new construction. SHALL BE AMENDED TO READ: B. Site plan review is not required for the development of the following, as defined in this title: a single-family dwelling; a twin home or duplex; multi -household dwellings of three to six units; a secondary dwelling unit; subdivisions; planned unit developments; master planned developments; development requiring a conditional use permit; or remodeling or additions of existing structures comprising less than two thousand square feet of new construction. Ordinance 2018-22 Page 38 of 89 F 6-2 New Business PASSED AND APPROVED in open Council by a majority vote of the Moab City Council on the day of , 2018. This ordinance shall take effect immediately upon passage. SIGNED: Emily S. Niehaus, Mayor ATTEST: Rachel Stenta, Recorder Ordinance 2018-22 Page 39 of 89 6-2 New Business Moab City Council Agenda Item Meeting Date: December 11, 2018 PL-18-fit #: 6-3 Title: Consideration to Adopt Council Resolution #52-2018 Approving the Happy Days Minor Subdivision Located at 825 North 500 West in the R-2 Zone as Referred to Council by the Planning Commission Date Submitted: August 20, 2018 Applicant: Christina Sloan of the Sloan Law Firm, PLLC Staff Presenter: Jeff Reinhart, Planning Director Attachment(s): Draft Council Resolution #52-2018, Final Plat, Aerials Options: Approve, approve with conditions, deny with reasons Recommended Motion: I move to adopt Resolution #52-2018 and approve the final plat of the Happy Days three -lot minor subdivision as submitted. Background/Summary: The submitted minor subdivision is intended to create three lots from the original parcel that is 46,338 square feet (1.06 acres) in size. Lot 1 will be the largest and consist of 39,588 square feet (.91 acres) and is currently undeveloped. Lots 2A and 2B will serve as twin home lots with 3,420 square feet and 3,330 square feet, respectively. Lot 2A will contain the existing home. All lots have sufficient street frontage onto 500 West and satisfy the dimensional requirements of the R-2 Zone as established in MMC 17.45. Street improvements such as curb, gutter, and sidewalk already exist. The lots will be used for residential development as allowed in the R-2 zoning district. The Planning Commission reviewed this minor subdivision on November 8, 2018 and with the adoption of Resolution #17-2018 favorably referred the plat of Happy Days Subdivision to City Council with the following condition: All Engineering Department comments shall be addressed to the satisfaction of the City Engineer prior to review of the subdivision application by the City Council. The comments of the department have been adequately addressed. Applicable Code Moab Municipal Code (MMC) Title 16.08.020 applies to this application 16.08.020 Exceptions --Final plat. In subdivisions of less than five lots, land may be sold after recording of a plat, if the following conditions are met: A. The subdivision plan shall have been approved by the planning commission, the planning coordinator, the city engineer, the city attorney, other agencies the zoning administrator deems necessary, and the city council; Page 40 of 89 6-3 New Business Page 2 of 5 B. The subdivision is not traversed by lines of a proposed street, and does not require the dedication of any land for street or other purposes; C. Each lot within the subdivision meets the frontage width and area requirements of the zoning title or has been granted a variance from such requirements by the appeal authority; D. All final plat requirements shall be complied with; E. All provisions of Chapter 16.20 of this title, below, shall be complied with; and F. The water supply and sewage disposal shall have been approved by the utility supervisor. State Statutes The request complies with State Code Chapter 10-9a-608(2) that allows a subdivision plat to be amended by the Land Use Authority (Council) without a public hearing if: "(a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision...." The request does not vacate or amend a public street, right-of-way, or easement and this request meets the applicable requirements listed in state law and the dimensional requirements of Moab Municipal Code. The proposal meets the requirements found in Chapter 16.20, Required Improvements, which includes water and sewer utilities and street improvements. Page 41 of 89 6-3 New Business Page 3 of 5 Sections: 16.20.010 16.20.020 16.20.030 16.20.040 16.20.050 16.20.060 Chapter 16.20 REQUIRED IMPROVEMENTS Certification required. Sewers and sewerage facilities. Stormwater drainage. Storm drainage. Street improvements. Performance bonds. 16.20.010 Certification required. No final plat of a subdivision of land shall be recorded, except as provided in Section 16.08.020, without receiving a statement signed by the city zoning administrator certifying that the improvements described in the subdivider's plans and specifications meet the minimum requirements of all ordinances of the city, that they comply with the recommendations of the city engineer, the planning commission, the planning coordinator, the fire department, the utility supervisor, and other applicable agencies. (Ord. 13-81 (part), 1981: prior code § 22-55-1(part)) 16.20.020 Sewers and sewerage facilities. Where a public sanitary sewer is reasonably accessible (within two hundred feet from the outside boundary of a subdivision), the subdivider shall connect with such sanitary sewer and provide adequate sewer lines accessible to the property line of each lot. The subdivider shall install a wye connection for each lot in the subdivision at the time the sewer main is laid. The sewer line will be stubbed in to all lots of record fronting the street before any paving is installed. When a subdivider is required to make connections to lots not in his subdivisions, the city shall credit the subdivider one hundred fifty dollars per lot. When service is late requested for said lots, the property owner will pay fees as stipulated in Section 13.08.050, Connection fees. Sewer connections and subdivision sewer systems shall be installed in accordance with the city specifications under the direction of the city engineer. Where a public sewer is not reasonably accessible, the subdivider, upon approval of the city council, may either install individual sewer facilities at his expense or require that builders provide such facilities as part of the construction of buildings or structures. Where individual sewerage facilities are to be installed, the city council shall be assured that the sanitary condition of the land will be fully safeguarded. (Ord. 13-81 (part), 1981: prior code § 22-5-1(1)) 16.20.030 Stormwater drainage. A stormwater drainage system subject to review by the city engineer and the approval of the public works director and city planner, shall be required by the city and e the responsibility of the project applicant. The system shall be separate and independent of the sanitary sewer system. The plans for the drainage system shall be prepared by a licensed engineer. The costs associated for this study shall be the sole responsibility of the project applicant. (Ord. 95-20 (part),1995: Ord.13-81 (part), 1981: prior code § 22-5-1(2)) 16.20.040 Storm drainage. No ditch or canal shall be approved as suitable for the use of storm drainage water without the written permission of the appropriate ditch or canal company or of the water users for such Page 42 of 89 1----- 6-3 New Business Page 4 of 5 use. No ditch or canal shall be used for stormwater unless adequately improved to handle such water as might be reasonably expected to flow from canal and ditch water, subdivision runoff, and other water expected to reach such canal or ditch. No ditch, canal or other waterway shall be permitted within properly dedicated or to be dedicated for public use. (Ord. 13-81 (part), 1981: prior code § 22-5-1(3)) 16.20.050 Street improvements. At least ten days prior to the commencement of construction, the subdivider shall furnish to the city engineer a complete set of construction plans and profiles of all streets, existing and proposed, within the subdivision. The city engineer shall, within a reasonable time not to exceed thirty days from the receipt of the plans, notify the subdivider of approval or disapproval, and in case of disapproval of the reasons therefor. Such plans and profiles shall include: A. The designation of limits of work to be done; B. The location of the benchmark and its true elevation according to city datum, all profiles to be referred to that datum; C. Profiles which indicate the finished and existing grades for each side of the street. Separate profiles, clearly designated, shall be made for each side of the street; D. Construction plans which include the details of curb and gutter and street cross -sections, location and elevation of manholes, catchbasins and storm sewers, elevations and location of fire hydrants and any other detail necessary to simplify construction; E. Complete data for field layout and office checking; F. On curb returns, at least two additional control points for elevation besides those at points of curvature. Control points shall be staked in the field to insure drainage at intersections; G. The street address of the project; H. Grades of streets shall be as follows: 1. Arterial street: minimum grade 0.5%, maximum grade 5.0%, 2. Collector street: minimum grade 0.5%, maximum grade 7.0%, 3. Minor street: minimum grade 0.5%, maximum grade 12.0%; I. All streets within the city shall be improved with pavements bounded by integral concrete curbs and gutters to an overall width in accordance with the standards, rules and regulations adopted by the city council; J. Pavements shall be constructed in accordance with the requirements of the standards, rules and regulations adopted by the city council; K. All curbs and gutters on all streets shall be concrete of the standard high -back -type unit, not less than two feet, six inches in overall width, and not less than seven inches thick where the curb abuts the street pavement; L. Stormwater inlets and catchbasins shall be provided within the roadway improvements at points specified by the city engineer; M. All curb corners shall have a radius of not less than twenty-four feet and at intersections involving collector or major streets of not less than twenty-five feet. However, if in the opinion of the city engineer, a smaller radius would suffice, he may grant an exception therefrom; N. The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets in adjoining areas and shall provide access to unsubdivided adjoining areas insofar as such continuation or access shall be deemed necessary by the planning commission. New streets must connect with existing public streets; Page 43 of 89 r 6-3 New Business Page 5 of 5 O. Minor streets shall approach the arterial or collector streets at an angle of not less than eighty degrees; P. Fire hydrants shall be installed in all subdivisions in accordance with the regulations of the fire department; Q. Street lights shall be installed in all subdivisions in the number and location specified by the city. Installation shall be in accordance with the regulations of the power company; R. Open ditches or canals shall not be allowed within or adjoining a subdivision except along rear or side lot lines. The subdivider shall work with the irrigation, drainage or ditch companies as to: 1. Methods of covering, realigning or eliminating ditches or canals within or adjoining the subdivision, 2. The size of pipe and culverts required, 3. The responsibility for the periodic inspection, cleaning and maintenance of such ditches, pipes and culverts. In cases where canals or ditches cross public roads or proposed public roads, specifications and grades for pipe or culvert must be approved by the city engineer; S. The subdivider shall install a six-foot, nonclimbable chain -link fence, or its equivalent along all open ditches, canals or waterways, nonaccess streets, open reservoirs or bodies of water, and other such features of potentially hazardous nature, on crossing or contiguous to the property being subdivided, except on those features which the planning commission shall determine would not be a hazard to life, or where the conforming structure would not create a hazard to the safety of the public; T. The subdivider shall install curbs, gutter, and sidewalks on existing and proposed streets in all subdivisions, including on the rear of such lots as back on arterial streets when the planning commission determines that pedestrian access along said arterial street is necessary; U. Street name signs, conforming to the design and specifications and in the number provided by the standards, rules and regulations of the city, shall be provided by the developer at all street intersections. Installation shall be made by the developer and inspected by the city. Page 44 of 89 6-3 New Business CITY OF MOAB COUNCIL RESOLUTION #52-2018 A RESOLUTION APPROVING OF THE HAPPY DAYS SUBDIVISION, A THREE -LOT MINOR DIVISION OF PROPERTY LOCATED AT 825 NORTH 500 WEST IN THE R-2 ZONE WHEREAS, Christina Sloan of the Sloan Law Firm, PLLC, located at 76 South Main Street, Suite 1, Moab, Utah 84532 acting as Agent for Moab 825 North, LLC, with offices at 1512 Larimer Street, Suite 100, Denver, Colorado 80202 as "Owner" of record of a parcel 1.06 acres or 46,338 square feet in size and more particularly described as follows: Beginning at a point on the west right-of-way of 500 West Street, said point beginning 161.8 feet South and 51.0 feet West (RECORD=49.5') from the East Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 168.2 feet; thence West 275.5 feet; thence North 168.2 feet; thence East 275.5 feet to the point of beginning, having an area of 46,339 square feet, 1.06 acres; and WHEREAS, Agent applied for the approval of a three lot minor subdivision consisting of one single family residence and a twin home lot for a two unit attached single family structure; and WHEREAS, the subdivision will create a large .91 acre lot and a twin home lot with 6,750 square feet, 3,420 square feet for Lot 2A and 3,330 Square feet for Lot 2B; and WHEREAS, the proposed residential uses are permitted in the R-2 Residential Zone as indicated in Moab Municipal Code (MMC) Chapter 17.48.020; and WHEREAS, the Agent provided the City of Moab with the necessary documents, plans and drawings to complete the application for review of the subdivision as required MMC Title 16.00, Subdivisions; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the development for compliance with the requirements of the pertinent MMC chapters on November 8, 2018 and with the adoption of Resolution #17-2018 favorably referred the plat of Happy Days Subdivision to City Council with a condition to address all Engineering Comments to the satisfaction of the City Engineer prior to review of the subdivision application by the City Council; and WHEREAS, all Engineering Department comments have been addressed; and WHEREAS, the City Council reviewed the application in a public meeting on December 11, 2018, and determined the application met the standards of the Moab Municipal Code. NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Council Resolution #52- 2018 approves the final plat of the Happy Days three -lot Minor Subdivision. ADOPTED AND APPROVED by action of the Moab City Council in open session this 11 to day of December, 2018. ATTEST: Rachel Stenta Moab City Recorder Emily S. Niehaus Mayor Page 45 of 89 6-3 New Business 825 N 500 W Street sr • 825 N 500 W St. 6-3 New Business 20 40 80 1 inch = 40 feet 120 160 Feet FINAL PLAT OF HAPPY DAYS SUBDIVISION PROJECT SITE BYRD VICINITY MAP mTs) AVENUE MARCUS COURT 1��b1S 1SDM 009 DOUGLAS FIX ET AL 01-035-0011 LOT 50—B PRESERVE PHASE I LEGEND 51 pp Property Corner O Found Property Corner Section Corner Monument ssau!sn9 nnaN £-9 SURVEY NARATIVE LOT 1 LOT 1 39,477 Sq. Feet 0.91 Acres 200.50' A SUBDIVISION LOCATED WITHIN THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 25 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN East 275.50' West 275.5' CARLA SUBDIVISION WORTHINGTON 01-035-0008 APPROVAL BY MOAB CITY PUBLIC WORKS APPROVED THIS 20 DAY OF AD, The purpose of the subdivision is to divide the parcel into one large lot and subdivide Lot 2A and 2B for a twinhome. APPROVED THIS APPROVAL BY MOAB CITY ATTORNEY DAY OF AD, 20 LOT 2 East 75.00' EAST QUARTER CORNER SECTION 35, T25S, R22E, SLB&M P.O.B. J 0 r` cs:5 LOT 2A 3,412 Sq. Feet (TWINHOME) rn 0 0 12' WIDE DRAINAGE EASEMENT West 75.0' LOT 2B 3,450 Sq. Feet (TWINHOME) APPROVAL BY MOAB CITY ENGINEER APPROVED THIS DAY OF AD, 20 75.0' 0 0 O cn 0 c rn ao N West 51.0' (M) West 49.5' (R) SOUTHEAST CORNER SECTION 35, T25S, R22E, SLB&M (JN12 V38 JO SIS` ED ,08 496 4inoS r-' APPROVAL BY MOAB CITY PLANNING COMMISSION APPROVED THIS DAY OF AD, 20 SURVEYOR'S CERTIFICATE I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the state of Utah and that I hold license no. 7540504. I further certify that a land survey was made of the property described below, and have subdivided said tract of land into lots and streets hereafter to be known as: HAPPY DAYS SUBDIVISION and that same has been correctly surveyed and staked on the ground as shown on this plat. Lucas Blake License No. 7540504 Date BOUNDARY DESCRIPTION Beginning at a point on the west right-of-way of 500 West Street, said point being 161.8 feet South and 51.0 feet West (RECORD=49.5') from the East Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 168.2 feet; thence West 275.5 feet; thence North 168.2 feet; thence East 275.5 feet to the point of beginning, having an area of 46,339 square feet, 1.06 acres. OWNER'S DEDICATIION Know all men by these presents that the undersigned are the owners of the above described tract of land, and hereby cause the same to be divided into lots, parcels and streets, together with easements as set forth to be hereafter known as HAPPY DAYS SUBDIVISION and do hereby dedicate for the perpetual use of the public all roads and other areas shown on this plat as intended for public use. The undersigned owners also hereby convey to any and all public utility companies a perpetual, non-exclusive easement over the public utility easements shown on this plat, the same to be used for the installation, maintenance and operation of utility lines and facilities. The undersigned owners also hereby convey any other easements as shown on this plat to the parties indicated and for the purposes shown hereon. Moab 825 North LLC Bruce H. Etkins, General Partner, Five Trees LLLP, Single Member ACKNOWLEDGMENT STATE OF COUNTY OF S.S. ON THE DAY OF 20__, PERSONALLY APPEARED BEFORE ME, WHOM DID ACKNOWLEDGE TO ME THAT THEY SIGNED THE FOREGOING OWNER'S DEDICATION FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES STATED THEREIN. NOTARY PUBLIC NOTARY PUBLIC FULL NAME: COMMISSION NUMBER: MY COMMISSION EXPIRES: GRAPHIC SCALE 20 0 10 20 40 1" (INCH) = 20' (FEET) A SUBDIVISION LOCATED WITHIN THE SE QUARTER OF SECTION 35, TOWNSHIP 25 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN APPROVAL BY MOAB CITY COUNCIL APPROVED THIS DAY OF AD, 20 RED DESE Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 r Project 107-18 Date 11/7/18 Sheet 1 OF 1 COUNTY RECORDER NO. STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF DIRECTOR CITY ATTORNEY CITY ENGINEER CHAIR MOAB CITY MAYOR ATTEST: DATE BOOK PAGE COUNTY RECORDER FEE Page 47 of 89 AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 13, 2o18 Agenda Item # : 6-4 Title: Proposal to re -appoint Kyle Bailey and Jeremy Lynch 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 October io and in keeping with their bylaws, the Water Conservation and Drought Management Advisory Board nominated City residents Kyle Bailey and Jeremy Lynch for the Mayor's consideration to present to the Council for reappointment to the Board for two year terms commencing on January 1, 2o19 and expiring December 31, 2021. Options: Confirm or deny. Mayor's recommendation: Confirm Recommended Motion: "I move to confirm the reappointment of Kyle Bailey and Jeremy Lynch as members of the Water Conservation and Drought Management Board for renewable terms commencing January 1, 2o19 and expiring December 31, 2021, in accordance with the bylaws of the Water Conservation Board." 6-4 New Business Page 48 of 89 Moab City Council Agenda Item Meeting Date: December 11, 2018 #: 6-5 Title: Contract with MKK Consulting Engineers (IMEG Corp.) Date Submitted: Nov. 8, 2018 Staff Presenter: Pat Dean; Public Works Dir. Attachment(s): Contract, Scope of Work and Insurance Certificate Options: Approve, deny, or modify. Recommended Motion: I move to approve a contract for Retro-Commissioning Service for the MRAC (Moab Recreation and Aquatic Center), Multi -Purpose Bldg. (Center Street Gym) and City Center Bldg. in the amount of $ 87,500. Background/Summary: Proposals were solicited through the State of Utah Division of Purchasing, Division of Construction and Facilities Managements Pre approved Technical Services RFP process. Four Companies were solicited from the pre -approved list for Retro-Commissioning engineering firms. These firms being ETC Group, MKK Consulting Engineers Inc., Precision Systems Engineering Inc., and Morrison Hershfield. Statement of Qualifications were received from tow of the firms, those being ETC Group and MKK Consulting Engineers Inc. The remaining two companies Precision Systems and Morrison Hershfield decided not to submit SOQ's. A panel of City Employees, Chuck Williams, City Eng., Rosemarie Russo, City Sustainability Dir. and Pat Dean Public Works Dir. reviewed the submitted SOQ's. Following the review of the submittals is was decided that the company of choice was MKK Consulting Engineers. MMK being the unanimous choice of the panel. Retro-Commissioning is a systematic investigation and evaluation into an existing building's energy -using systems. The retro-commissioning process is designed to achieve demand and energy savings through the implementation of low-cost and no -cost measures, targeted to improve system operation and, in many cases, improve occupant comfort. Page 49 of 89 6-5 New Business CITY OF MOAB RETRO COMMISSIONING STUDY CITY CENTER, MULTI -PURPOSE FACILITY and MRAC This CONTRACT is made and entered into this 1st day of December, 2018, by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the Contract Documents referred to as the "City," and MKK CONSULTING ENGINEER, INC. Here in referred to as the "Contractor". RECITALS WHEREAS, the City advertised that sealed proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the Project described by the Contract Documents and known as: City of Moab RETRO COMMISSIONING STUDY for CITY CENTER, MULTI -PURPOSE FACILITY AND MOAB RECREATION and AQUATIC CENTER; and WHEREAS, the Contract has been awarded to the above named Contractor by the City, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the Contract Documents. NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows: ARTICLE 1 Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Notice of Award. b. Scope of Work as provided by the City for this Retro Commissioning study of the City Center Building, Multi -Purpose Building (aka Center Street Gym) and the MRAC (Moab Recreation and Aquatic Center) Page 1 of 9 Page 50 of 89 6-5 New Business ARTICLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract and other portions of the Contract Documents. ARTICLE 3 Contract Work. The Contractor agrees to furnish all labor, supervision, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks associated with or described in the Contract Documents, as limited to those items as indicated in the Notice of Award (the "Work"). a. All goods and services provided by subcontractors, material suppliers, and laborers shall be pursuant to written agreement between all such persons and the Contractor. Contractor shall be solely responsible for supervision of all of its employees and subcontractors, and assuring that work by those persons conforms to the Contract Documents. Contractor shall be solely responsible for payment to all laborers, subcontractors, and material suppliers in connection with work performed under the Contract. Any non-payment by Contractor of sums owing to laborers, material suppliers, or subcontractors is material breach of this Contract. The City, in its discretion, shall be authorized to contact subcontractors, material suppliers, and laborers working on the project for the purpose of verifying compliance with this Section. ARTICLE 4 Contract Time and Liquidated Damages. The Contractor hereby agrees to commence work under the Contract on or before the date specified in a written Notice to proceed from the City, and to substantially and fully complete the work within the time specified in the Special Conditions. In the event that the work is not completed in the times set forth and as agreed upon, the Contractor further agrees to pay Liquidated Damages to the City as set forth in the Special Conditions. Special Conditions: The Contractor shall complete the Work no later than One hundred twenty (180) calendar days from the issuance of the Notice to Proceed. Liquidated damages for delay in the amount of $100.00 per day shall be assessed against the Contractor in the event that the Work is not finally complete and accepted by the City by the agreed completion date. Remedies under this Article 4 are cumulative to any other remedies provided in this Contract. Page 2 of 9 Page 51 of 89 6-5 New Business ARTICLE 5 Contract Price and Payment Procedures. The Contractor shall accept as full and complete compensation for the performance and completion of all of the work specified in this Contract and the Contract Documents, the sum of EIGHTY SEVEN Thousand FIVE Hundred and 00/100 dollars ($ 87,500.00) ("Contract Price"). The Contract Price has been lawfully appropriated by the City Council of the City of Moab for the use and benefit of the Project. The Contract Price shall not be modified except by written change order, as set forth below. a. Partial payments shall be made proportionate to the progress of the work according to the following schedule and (if applicable) the schedule of values in the Contract Documents, but subject to this Article Five: Payment will be divided into SIX equal monthly payments: Fourteen Thousand 500 Hundred Eighty Three and 33/100 ($ 14,583.33) one month after the contract is signed and the remainder to be in five equal payments for the next five months until completion of the project. Invoices shall be prepared by the Contractor and subject to review and approval by the Project Manager based upon the schedule, above. In no event shall the Contractor be entitled to progress payments exceeding percentage of the Work that is completed in accordance with the Contract. b. In the event of default under this Contract, the City may retain and deduct from the sums owing under this Contract amounts sufficient to cure or abate the breaching condition, damages, or event. ARTICLE 6 a. Contractor shall provide a Certificate of Insurance as outlined in the following insurance requirements. The limits of liability for the insurance required by the Contractor shall provide coverage for not less the following amounts or greater where required by law: Workers' Compensation Page 3 of 9 Page 52 of 89 6-5 New Business 1. State: Statutory 2. Applicable Federal: Statutory 3. Employer's Liability: State Insurance Requirements Comprehensive General Liability: 1. Bodily Injury: $1,000,000 (combined single limit CSL) Each Occurrence $1,000,000 Annual Aggregate, including Products and Completed Operations Hazard 2. Property Damage: $1,000,000 CSL $1,000,000 Each Occurrence Annual Aggregate 3. Property Damage Liability Insurance shall provide Explosion, Collapse, and Underground coverage where applicable. 4. Personal Injury, with employment exclusion deleted. $1,000,000 CSL Comprehensive Automobile Liability: 1. Bodily Injury: $1,000,000 CSL $1,000,000 CSL 2. Property Damage: $1,000,000 CSL Each Person Each Accident Each Occurrence b. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded or canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to the City by certified mail. All such insurance shall remain in effect until final acceptance of the Work by the City, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Page 4 of 9 Page 53 of 89 6-5 New Business work. The City shall be endorsed as an additional insured under the general liability policy. ARTICLE 7 Integrated Contract; Change Orders. The Contract Documents constitute the entire agreement between the City and Contractor, and shall supercede any prior representations or discussions. The Contract may only be altered, amended or repealed by a duly executed written agreement signed and lawfully approved by both parties, except as noted by subsection (b), below. This Contract shall not be assigned, in whole or in part, except upon approval in writing by both parties. a. Contractor shall not be entitled to compensation in excess of the Contract Price, nor shall additional work be undertaken, except upon approval of a change order signed by both parties. The change order shall specify the upward or downward change in the Contract Price, the scope of the work to be performed or omitted, and the change in the Contract Time, if applicable. ARTICLE 8 Warranties. The Contractor warrants to the City that all the construction performed under this Contract shall be constructed in a workmanlike manner, in accordance with approved plans and applicable building codes, and free from defects of workmanship, labor, and materials, for a period of one year from the date of final completion of the improvements, as certified by the Project Manager. Upon written notice from the City, Contractor agrees to repair or replace any Contract Work that is found to be defective. ARTICLE 9 Extensions. For good cause shown, the City may grant a reasonable extension of time for the completion of improvements pursuant to this Contract. Good cause may include acts of God, severe weather disturbances (beyond those conditions which are typical to the Moab climate), floods, strikes, riots, or other acts or causes which are unforeseen and beyond the Contractor's control. Extensions of time or change orders for additional compensation shall not be authorized for inexcusable delay, which shall be defined to include, but not be limited to, inadequate crewing; inadequate supervision; late ordering of materials; failure to properly coordinate work; or similar events which Page 5 of 9 Page 54 of 89 6-5 New Business could have been avoided with proper foresight, care, or planning by Contractor. All extensions shall be approved in the manner provided for change orders ARTICLE 10 Legal Compliance, Safety, Indemnity. Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains insurance coverage as described in this Contract; and that all such policies shall be in place for the duration of this Contract. Contractor further warrants that it shall perform this Contract in compliance with all applicable City, state, and federal laws, including all applicable regulations governing workplace safety, including but not limited to those promulgated by the Occupational Safety and Health Administration (OSHA). With respect to workplace safety, Contractor shall at all times employ properly trained individuals and subcontractors, who shall work under appropriate supervision. a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liabilities, including reasonable attorney fees, as result of damages, losses, or injuries, including death, to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breaches of duties by the Contractor, its officers, agents, employees, subcontractors, or suppliers in the performance of the Contract or in discharging its legal duties, generally. This duty to indemnify shall apply to all claims by Contractor's employees, subcontractors, or material suppliers with respect to any liabilities incurred by Contractor in the performance of this Contract. ARTICLE 11 Remedies. The failure by either party to perform or carry out any of the obligations in this Contract or to perform the construction in accordance with the Contract Documents shall be grounds to declare default. In the event of default, the non -breaching party shall be entitled to recover all actual damages resulting from breach, in addition to the other remedies specified in this Contract. Actual damages shall include reasonable and necessary costs of completion of the Work or repair or replacement of Work which does not conform to the Contract Documents. In no event shall either party be liable to the other for consequential damages. In addition to any other remedies, in any legal action arising from this Contract the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs. ARTICLE 12 Page 6 of 9 Page 55 of 89 6-5 New Business Venue, Choice of Law, Interpretation. The place of performance under this Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah. a. There are no known or intended third party beneficiaries to this Contract. b. This Contract is the product of mutual bargaining. It shall be construed in accordance with its plain meaning, regardless of the extent to which either party participated in the drafting. ARTICLE 13 Notice of Breach, Limitation of Actions. In the event of the occurrence of any breach of the terms of this contract the non -breaching party shall promptly deliver written notice of same to the other party and allow a reasonable period of time for the other party to cure or abate the breaching condition. It shall not be necessary for any party to deliver multiple notices in the case of repeat or ongoing violations. Any legal action arising from this Contract shall be filed not more than one year from the act, event, or omission constituting breach, and not thereafter. a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows: City Recorder City of Moab 217 East Center Street Moab, Utah 84532-2534 Contractor: MKK Consulting Engineers, Inc. (AKA IMEG Engineers) 4760 So. Highland Drive Suite 106 Salt Lake City, Utah 84115 Matthew Carsner, CBCP Utah Leader, Commissioning Leader Associate The City of Moab has caused this Contract to be subscribed by its City Manager Page 7 of 9 Page 56 of 89 L6-5 New Business I and attested by its City Recorder on its behalf; and the Contractor has signed this Contract as set forth below. City of Moab, Utah Date: ATTEST: City Recorder (Seal) By: City Manager: David Everitt Contractor: MKK Consulting Engineers, Inc. 4760 So. Highland Drive Suite 106 Salt Lake City, Utah 84115 Date: By: Title Title: State of Utah ) § County of Grand ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Page 8 of 9 Page 57 of 89 6-5 New Business Notary Public My Commission Expires: Residing in: Salt Lake Count Exhibit A PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of , 200 by ('Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ , check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the , project owned by the City and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A. § 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. By: Subcontractor Title: Page 9 of 9 Page 58 of 89 6-5 New Business MKK CONSULTING ENGINEERS, INC. October 25, 2018 David Everitt, City of Moab City Manager Moab City Public Works Director 217 E Center St. Moab, Utah 84532 (435) 259-7485 RE: Retro Commissioning Study City Center, Center Street JYM and MRAC MKK Project No.: PO18.06.0006 Dear Pat Dean: Thank you for contacting us concerning the project referenced above. We are pleased to provide you with a Retro Commissioning Study proposal for the high performance design consulting work involved. A. The project is described as follows: On June 28th 2018 MKK met with Moab City to help determine the level of services needed and desired by the city. The City Center (36,000 SF), Multi -Purpose Building (Center Street Jym 14,000SF) and Moab Recreational and Aquatics Center (MRAC 45,000 SF) are all in need of retro commissioning energy services. The scopes below define the services per building established during our visit to help the city obtain their energy and facility goals. B. The following work is included: 1. Commissioning Project Phases: a. Assessment Phase b. Investigation Phase c. Implementation Phase d. Hand Off Phase 2. Commissioning Services: a. The following Commissioning Services are included in this contract: RETRO-COMMISSIONING: Retro-commissioning is a systematic investigation and evaluation into an existing building's energy -using systems. The retro-commissioning process is designed to achieve demand and energy savings through the implementation of low-cost and no -cost measures, targeted to improve system operation and, in many cases, improve occupant comfort. The process will be tailored to meet the specific needs SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 59 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 2 MKK CONSULTING ENGINEERS. INC. of the building owner. When scope is accepted MKK will meet with the City of Moab to assemble the Meeting and Communication Schedule including completion dates and project deliverable dates. City Center Building: Assessment Phase: Establish Scope O Meet with Owner and Define Existing Building Commissioning (EBCx) Goals and Objectives (1 visit or Go -To Meeting) Completed 6/28/2018 O Select the Existing Building Commissioning (EBCx) Team O Develop the EBCx Plan O Develop Risk Mitigation Plan Investigation Phase: Integrate Scope & Assess Systems to Establish Current Facility Requirements ❑X Develop the Current Facilities Requirements (CFR) and interview occupants and facilities team members (1 Visit 1 day) ❑X Gather and Review Facility Documentation Utilize Information from Existing and Ongoing Studies (1 Visit Combined with interviewing occupants) O Develop functional test procedures based on collected information O Perform Issues Opportunity Analysis & CFR O Identify Energy Conservation Measures (ECM), Facility Improvement Measures (FIM), and Capital Improvement Measures (CIM) (includes potential equipment replacement and upgrade of existing operational systems and programs) O Identify Cost Savings measures and technology strategies to move foreword O Perform Investigation Phase Functional testing (1 visit 4 days) O Provide Concept Level Budget and funding recommendations for CIM O Provide System Management Strategies including Best Practices and Policies Implementation Phase: Analyze building and make improvements O Provide Concept Level budget and funding recommendations for implementation O Make Adjustments to systems and capital improvements Implement recommendations (1 visit 2 days) O Verify completed recommendations and performance using manual point-to-point and functional testing (1 visit 5 days) Perform trend data analysis to observe system operation over a 3 month period of time O Update the ECBx Documentation Hand off Phase: Deliver tools to keep the building in tune O Training of facilities personnel (1 visit 1.5 days) O Conduct lessons learned workshop (1 Visit 1 day) O Finalize EBCx Report and deliver SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 60 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 3 MKK CONSULTING ENGINEERS, INC. Note: Only the MKK Innovation Lab items checked are included as part of the OPTIONAL scope of this proposal. Moab Recreation and Aquatics Center (MRAC): Assessment Phase: Establish Scope O Meet with owner and define Existing Building Commissioning (EBCx) goals and objectives (1 visit) Completed 6/28/2018 O Select the Existing Building Commissioning (EBCx) team O Develop the EBCx plan O Develop Risk Mitigation Plan Investigation Phase: Integrate Scope & Assess Systems to Establish Current Facility Requirements O Develop the Current Facilities Requirements (CFR) and interview occupants and facilities team members (1 visit) O Gather and Review Facility Documentation Utilize Information from Existing and Ongoing Studies (1 Visit Combined with interviewing occupants) O Develop functional test procedures based on collected information O Identify Energy Conservation Measures (ECM), Facility Improvement Measures (FIM), and Capital Improvement Measures (CIM) (includes potential equipment replacement and upgrade of existing operational systems and programs) O Identify Cost Savings measures and technology strategies to move foreword O Perform Investigation Phase Functional testing (1 visit 3 days) O Provide Concept Level Budget and funding recommendations for CIM O Provide System Management Strategies Including Best Practices and Policies Implementation Phase: Analyze building and make improvements O Make adjustments to systems and capital improvements Implement recommendations O Verify completed recommendations and performance using manual point-to-point and functional testing (1 visit 4 days) Perform trend data analysis to observe system operation over a 3 month period of time O Update the ECBx Documentation Hand off Phase: Deliver tools to keep the building in tune O Training of Facilities Personnel (1 visit) O Conduct Lessons Learned Workshop (1 Visit) O Finalize EBCx Report and Deliver SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 61 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 4 MKK CONSULTING ENGINEERS, INC. Note: Only the MKK Innovation Lab items checked are included as part of the OPTIONAL scope of this proposal. Multi -Purpose Facility (Center Street JYM): Assessment Phase: Establish Scope O Meet with Owner and Define Existing Building Commissioning (EBCx) Goals and Objectives (1 visit) Completed 6/28/2018 O Select the Existing Building Commissioning (EBCx) Team O Develop the EBCx Plan O Develop Risk Mitigation Plan (Examples below) Investigation Phase: Custom scope due to equipment age and type ❑X Survey all MEP Systems and Evaluate Condition, Age and Lifespan and determine CFR (1 Visit 2 days) O Provide Engineers assessment of options to rebuild or replace existing systems. O Gather and Review Facility Documentation Utilize Information from Existing and Ongoing Studies (1 Visit) O Provide Preliminary EBCx report with recommendations O Identify Energy Conservation Measures (ECM), Facility Improvement Measures (FIM), and Capital Improvement Measures (CIM) (includes potential equipment replacement and upgrade of existing operational systems and programs) O Identify Cost Savings measures and technology strategies to move foreword O Provide Concept Level Budget and funding recommendations for CIM O Provide System Management Strategies Including Best Practices and Policies Implementation Phase: Analyze building and make improvements O Make Adjustments to systems and Capital Improvements Implement Recommendations O Verify Completed Recommendations and Performance using manual point-to-point and functional testing (1 visit 3days) Perform trend data analysis to observe system operation over a 3 month period of time O Update the ECBx Documentation Hand off Phase: Deliver tools to keep the building in tune III Training of Facilities Personnel (1 visit) O Conduct Lessons Learned Workshop (1 Visit) O Finalize EBCx Report and Deliver Note: Only the MKK Innovation Lab items checked are included as part of the OPTIONAL scope of this proposal. SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 62 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 5 C. Conditions of Service: MKK CONSULTING ENGINEERS, INC. Conditions of service and compensation for services listed will be a lump sum as noted within the schedule below not including expenses as outlined in the attached "Conditions of Agreement — 2018", MKK Consulting Engineers, Inc., which form a part of this Agreement. Expenses are estimated to be in the range of $3,600 dollars per building if each building is done as its own phase $10,800 total. MKK will combine efforts to multiple buildings if all 3 buildings are selected resulting in lower overall expenses for the project. Summary Schedule — City Center Building Client Acceptance* Retro Commissioning $32,000 ■ Summary Schedule — Moab Regional Aquatics Center Client Acceptance* Retro Commissioning $32,000 ■ Summary Schedule — Multi Purpose Facility Client Acceptance* Retro Commissioning $23,500 ■ * Client Acceptance —The scope is deemed to be accepted when you have checked the adjacent boxes above, authorized MKK (either verbally or in writing) to proceed with this scope, or otherwise signified your acceptance of these specific scope items. SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 63 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 6 MKK CONSULTING ENGINEERS, INC. D. Payments: Progress payments for services will be billed monthly based on progress of each LEED service selected. We look forward to working on the project. If this agreement is acceptable, sign and return a copy of the agreement to our office. This agreement incorporates the attached Conditions of Agreement. Client acknowledges receipt of the Conditions of Agreement and acknowledges that the Conditions of Agreement contains a limitation of liability clause, among other important terms. This agreement is deemed to be accepted when you have signed the agreement, authorized MKK (either verbally or in writing) to proceed with the project, or otherwise signified your acceptance of the agreement. MKK shall proceed with the above Scope of service when you have accepted this agreement. Please call if you have any questions or comments. Sincerely, ENGINEER CLIENT MKK Consulting Engineers, Inc. Firm By: David Everitt, City of Moab City Manager Matthew Carsner, CBCP Utah Leader, Commissioning Leader Associate Signature Date Attachment SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 64 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 7 MKK CONSULTING ENGINEERS, INC. CONDITIONS OF AGREEMENT —JANUARY 2018 MKK CONSULTING ENGINEERS. INC. "Engineer" as used herein refers to MKK Consulting Engineers, Inc. and its officers, directors, shareholders, owners and employees. Engineer's Responsibility: The Engineer will serve as the Client's professional consultant and will perform the Engineering Services for the mechanical and electrical parts of the project. The Engineer shall so perform his work as to coordinate with the Client for the Project; arranging the character, order and schedule thereof for that purpose. He shall attend the necessary conferences and provide consultation and advice for the mechanical and electrical parts of the Project. If the Engineer provides opinions of probable construction cost, the Client understands that the Engineer has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing. Any opinions of probable construction costs provided by the Engineer are based only upon Engineer's qualifications and experience which are inadequate to provide accurate estimates. Client may not reasonably rely upon any opinions of probable construction costs and should retain a separate professional cost estimator if reliable estimates are desired. The Engineer makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. During the Preliminary Design Phases (Schematic Design and Design Development), the Engineer shall establish design criteria from which systems and equipment will be selected if these services are included in the project scope. During the GMP (Guaranteed Maximum Price) Phase of the project the Engineer will try to identify all systems, equipment and criteria of the project in a preliminary manner so that an experienced contractor could estimate a GMP if these services are included in the project scope. During the Construction Document Phase, the Engineer shall prepare working drawings and specifications setting forth the requirements of the construction for this part of the project if these services are included in the project scope. During the Bidding Phase the Engineer will answer questions, review submittals and prepare addenda if these services are included in the project scope. During the Construction Administration Phase, the Engineer will review shop drawings, interpret the Engineer's drawings and specifications for the Contractors, and provide on -site construction review trips, as noted in scope. These trips are made during active periods of construction rather than on a fixed schedule and are to observe general quality of workmanship and answer any Contractors' questions. On -site reviews are not intended for superintending or supervising the project in any way. The Engineer does not guarantee the Contractors' performance. On -site reviews do not include responsibility for construction means, methods, techniques, sequences, procedures, or the safety precautions incident thereto, in, on, or about the project site. SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 65 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 8 MKK CONSULTING ENGINEERS, INC. During the Post Construction Phase, the Engineer will provide a 6th month and an 11th month observation with report on warranty items to be corrected by the Contractor if these services are included in the project scope. Client Responsibility: Client agrees to provide full information for the requirements of the project, deemed appropriate for the Engineer to perform. Client agrees to provide, at the Client's expense, all information, requirements, reports, data and instructions required for performance of this Agreement including, a site survey with all information relating to sewer, storm sewer, water, gas, electrical and telephone services and other utilities, when applicable. Site survey to show all conditions of the site including a soils report. The Engineer may use all above listed information in performing its services and is entitled to rely upon the accuracy and completeness thereof. Standard of Care: Services performed by the Engineer will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances and same geographic area. Corporate Protection: It is intended by the parties to this Agreement that the Engineer's services in connection with the project shall not subject the Engineer's individual employees, officers or directors to any personal legal exposure for the risks associated with this project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand, or suit shall be directed and/or asserted only against the Engineer, a Colorado corporation, and not against any of the Engineer's individual employees, officers or directors. CADD Responsibility: When the Client chooses to use Computer Aided Drafting and Design (CADD) the Client agrees to the following: 1. Client and Engineer shall meet before the start of the project to establish CADD standards and how the project will be set up on CADD. 2. The initial transfer of CADD information at the start of the drawings shall include all information necessary to coordinate the project. If record documents are required to be provided in electronic format by other parts of this agreement, the record set of documents will be in the Engineer's standard format. If other standards, layers, formats or as - built documents are to be the record documents; these changes from the Engineer's standard format will be agreed upon and negotiated as an extra service to the contract. The Engineer makes no representation as to the compatibility of these files beyond the specified release of the above stated software. Disks are submitted to Client for a 30-day acceptance period. During this period, the Engineer will correct any errors detected by Client. After this period, any changes will be performed at the Engineer's current hourly rate. Engineer will not be responsible for maintaining an electronic file archive of disks for more than 9 months after acceptance by Client. SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 66 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 9 MKK CONSULTING ENGINEERS, INC. Invoice: Invoice is due on presentation. Client recognizes that prompt payment of Engineer's invoices is an aspect of the overall consideration Engineer requires for providing service to Client. Accordingly, Client agrees to advise Engineer as to the preferred billing cycle, invoice format, person to whom invoices should be addressed, and such other pertinent details Engineer should observe to help Client expedite payment. Client agrees to pay all reasonable costs and expenses, including attorneys' fees, incurred by Engineer in the course of collecting any amounts due under this Agreement, plus interest at the annual rate of twelve percent, compounded monthly. Credit is extended and interest will commence after 60 days of the invoice date on unpaid balance or 15 days after receipt of payment from Owner to the Client, at the election of the Engineer. The Client shall disclose to the Engineer, prior to the execution of this Agreement, any contingent or other special provisions relative to compensation that are included in the Client's understanding with the Owner or in the Prime Agreement. The Engineer shall submit, in timely fashion, invoices for Services, Additional Services and Reimbursable Expenses. The Client shall review such invoices and, if they are considered incorrect or untimely, the Client shall review the matter with the Engineer and confirm, in writing to the Engineer within ten days from receipt of the Engineer's invoice. The Client shall identify the specific cause of disagreement and shall pay when due the portion of the invoice not in dispute. The Client and Engineer shall work together to resolve the disputed matter within 60 days of its being called to the Engineer's attention. If resolution of the matter is not attained within 60 days, either party may terminate this Agreement in accordance with conditions indicated in the Termination clause. Regardless of any dispute regarding payment, Engineer reserves the right, at its sole discretion, to withhold or withdraw documents prepared by the Engineer from subsequent design, permit or construction use if payment for service is not made upon invoice presentation. Regardless of any dispute regarding payment, Engineer has the right to cease work on the project and the Client shall waive any claim against Engineer for cessation of services and shall defend and indemnify the Engineer from and against any claims for injury or loss stemming from Engineer's cessation, if the Client fails to make payment upon invoice presentation. Client shall also pay Engineer for expenses incurred as a result of suspension of work and resumption of its services, and the Engineer's schedule and fees for the remainder of the Project shall be equitably adjusted. Limitation of Liability: In recognition of the relative risks and benefits of the project to both the Client, the Owner and the Engineer, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Engineer and his or her sub consultants to the Client, the Owner and to all construction contractors and subcontractors (including Construction manager, if applicable) on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs so that the total aggregate liability of the Engineer and his or her sub consultants to all those named shall not exceed fifty thousand dollars ($50,000), or the Engineer's total fee for services rendered on this project, whichever is greater. Such claims and causes include, but are not limited to negligence, professional errors or SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 67 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 10 MKK CONSULTING ENGINEERS. INC. omissions, strict liability, breach of contract or warranty. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Ownership of Instruments of Service: All reports, plans, specifications, field data and notes and other documents, whether on paper or in electronic format, prepared by the Engineer as Instruments of Service, are the property of the Engineer whether the work for which they are prepared be executed or not. Instruments of Service are not to be used on other work, including repetitive construction, except by specific written agreement with the Engineer. The Engineer shall retain all common law, statutory and other reserved rights in these Instruments of Service, including the copyright thereto. The Contract Documents prepared under this agreement may be retained by the Client with other Contract Documents pertaining to the project. In case of conflict, sealed drawings take precedence over electronic files. Termination: This Agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms hereof by the one party through no fault of the other party. Engineer shall be paid for services performed to the date of termination, including reimbursements then due. Notwithstanding any other provisions of this Agreement, Engineer may terminate without consequence or liability if Client fails to make payments upon invoice presentation. No Third Party Beneficiaries: Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against either Engineer or Client. No Certification or Warranty: Engineer shall not be required to certify, warrant or guarantee the existence of any condition or the adequacy of work performed by others if such cannot ascertained with certainty by Engineer. Successors and Assigns: This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the Client, and the Engineer respectively and its partners, successors, assigns, and legal representatives. Neither the Client nor the Engineer shall have the right to assign, transfer, or sublet its interest or obligations hereunder without written consent of the other party. Mediation: In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and the Engineer agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Client and the Engineer further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 68 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 11 MKK CONSULTING ENGINEERS. INC. and consultants also to include a similar mediation provision in all agreements with their subcontractors, sub consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor the Engineer, their respective officers, directors, partners, employees, contractors or sub consultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall be broadly construed to include, without being limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and the Engineer shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Betterment: If due to Engineer's error, any required item or component of the project is omitted from Engineer's Construction Documents, Engineer shall not be responsible for the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise adds value or betterment to the project. In no event will Engineer be responsible for any cost or expense that provides betterment, upgrade or enhancement to the project. Verification of Existing Conditions: Inasmuch as the remodeling and/or rehabilitation of an existing building requires that certain assumptions be made regarding existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money, or destroying otherwise adequate or serviceable portions of the building, the Owner/Client agrees to bear all costs, losses and expenses, including the cost of the Engineer's Additional Services, arising from the discovery of concealed or unknown conditions in the existing building, or from any deficiencies or inaccuracies in any information or documentation furnished to the Engineer by the Owner/Client. Extra Services: Any additional work (Extra Service), which is not included in the above fees, will be done after Client's approval at the then current hourly rates. Hourly Charges: (when applicable) a. Hourly charges of all personnel for time devoted directly to the project. The following schedule sets forth billing rates for the various classifications of employees. These rates are current and applicable only through December 31, 2018. BILLING RATES — JANUARY 2018 SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 69 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 12 CLASSIFICATION 1. Consultant (legal and expert witness only) 2. Principal -PR 3. Engineer-E8 4. Designer-D8 5. Engineer-E7, Energy Services-E54 6. Designer-D7, BIM-B4, Adminstrator-A7 7. Engineer-E6, Energy Services-ES3 8. Designer-D6 9. Administrator-A6 10. Engineer-E5 11. Designer-D5, Energy Services-ES2, Administrator-A5 12. Engineer-E4 13. Designer-D4, BIM-B3, Administrator-A4 14. Engineer-E3 15. Designer-D3, Energy Services-ES1 16. Engineer-E2 17. Engineer-E1, Designer-D2, Administrator-A3 18. Designer-D1, BIM-B2, Administrator-A2 19. BIM-B1 20. Administrator-A1 21. Student Intern-511 MKK CONSULTING ENGINEERS, INC. RATE PER HOUR $250.00 185.00 175.00 165.00 155.00 150.00 135.00 130.00 125.00 120.00 115.00 110.00 105.00 100.00 95.00 90.00 85.00 80.00 70.00 65.00 50.00 Expenses: When subcontracted third party professional services are required and authorized by the Client, the Engineer will be paid the third party compensation plus an administration charge of 15% of the third party compensation for such professional services engaged by the Engineer for the project. Reimbursable expenses are included in Basic Compensation and include costs incurred by the Engineer and Engineer's Consultants in the interest of the project. These expenses are identified as follows: a. Transportation expense in connection with the project, authorized out-of-town travel expenses, long distance communications, and fees paid for securing approval of authorities having jurisdiction over the project. b. Expenses of reproductions (except for coordination prints), postage, deliveries and handling of Drawings, Specifications and other documents. c. Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Client in excess of that normally carried by the Engineer and Engineer's Consultant. SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 70 of 89 6-5 New Business David Everitt, City of Moab City Manager 10/25/2018 Page 13 MKK CONSULTING ENGINEERS, INC. Period of Service: The provisions for services and compensation for services provided by this Agreement are based upon the orderly and continuous progression of the project through design and construction phases. If the project is delayed or suspended more than 60 days, the Engineer shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the Client shall compensate the Engineer for expenses incurred as a result of the suspension and resumption of its services, and the Engineer's schedule and fees for the remainder of the Project shall be equitably adjusted. If the Engineer's services are suspended for more than 90 days, the Engineer may terminate this Agreement upon giving not less than 5 calendar days' written notice to the Client. Purchase Orders: If the Client chooses to execute a purchase order for services under this Agreement Letter, it shall be for administrative convenience only. The Client agrees that the terms and conditions of this Agreement shall apply to each such purchase order and shall prevail over any conflicting or similar term and condition in the purchase order. SALT LAKE CITY • 4760 S. Highland Drive, Suite 106 • Salt Lake City, UT 84115 • Main: 801.360.7024 Fax: 303.796.6099 • www.mkkeng.com Page 71 of 89 6-5 New Business Accmc, �� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/21/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-527-9049 Holmes Murphy and Associates - Peoria 311 S.W. Water Street Suite 211 Peoria, IL 61602-4108 CONTACT Traci Stoecker / Linda Bomarito NAME: PHONE FAX (NC, No, Ext): 800-527-9049 (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: EMPLOYERS MUT CAS CO 21415 INSURED IMEG Corp. / KJWW Corp. / TTG Engineers 623 26th Avenue Rock island, IL 61201 INSURER B : CONTINENTAL INS CO 35289 INSURERC:XL SPECIALTY INS CO 37885 INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 51626447 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DYYYY) D/ POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 5D58254 01/01/18 01/01/19 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTE PREMISES Ea occur ence) $ 1, 000 , 000 X Contractual Liability MED EXP (Any one person) $ 10,000 X XCU Included PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO- X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED 5E58254 01/01/18 01/01/19 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6045796968 01/01/18 01/01/19 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENT ON $ 10 , 000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A 5H58254 01/01/18 01/01/19 X PER STATUTE H ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1, 000 , 000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability (Claims Made) DPR9920697 01/18/18 01/18/19 Each Claim 10,000,000 Aggregate 10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION For Proposal Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) tstoeckeril 51626447 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and 16gwaf 466%tered marks of ACORD 6-5 New Business RESOLUTION #54-2018 A RESOLUTION DESIGNATING DEPOSITORIES FOR MOAB CITY FUNDS Zion's First National Bank 330 South Main Moab, Utah 84532 Wells Fargo Bank 4 North Main Street Moab, Utah 84532 Utah Public Treasurer's Investment Fund E315 State Capitol S.L.C., Utah 84114 WHEREAS, at a Regular Meeting of the Moab City Council of the City of Moab, held on the l lth day of December, 2018, at which a quorum was present, the following officers were duly appointed for the ensuing year and until their successors shall be appointed and shall have qualified; to have signature authority for Moab City Corporation at the above mentioned financial institutions which hold city (public) funds: Treasurer, Chantel Lindsay Recorder, Rachel Stenta Deputy Recorder, Danielle Guerrero Deputy Recorder, Jamie Hulce Deputy Recorder, Stephanie Haycock City Manager, David Everitt Assistant City Manager, Joel Linares NOW THEREFORE, BE IT RESOLVED, THAT under the rules of the City of Moab, any funds deposited to its credit with Zion's First National Bank of Moab, Wells Fargo Bank of Moab or Utah Public Treasurer's Investment Fund (PTIF) may be withdrawn by the combined signatures of one (1) of the Recorder or Deputy Recorder and any one (1) Treasurer or Deputy Treasurer who are authorized to endorse and sign checks, drafts, and orders for payment of money in accordance with signature cards accompanying this authorization. In the absence of either both the Recorder and Deputy Recorder or both the Treasurer or Deputy Treasurer, the above mentioned City Manager or Assistant City Manager shall be authorized to endorse and sign checks, drafts, and order for payment of money in accordance with signature cards accompanying this authorization by the combined signatures of one (1) Recorder or Deputy Recorder or (1) Treasurer or Deputy Treasurer and one (1) City Manager or Assistant City Manager. BE IT FURTHER RESOLVED, that as required by the Office of the State Treasurer of Utah, the attached public entity resolution (attachment A) is also adopted by this Resolution of the Governing Body of the City of Moab to certify authorized users for the City of Moab's PTIF Accounts. PASSED, ADOPTED, APPROVED AND EFFECTIVE this 1 lth day of December, 2018 in Page 1 of 2 Resolution #54-2018 Page 73 of 89 6-6 New Business open Council at Moab, Utah. Approved: Emily S. Niehaus Mayor Attest: Rachel E. Stenta City Recorder Page 2 of 2 Resolution #54-2018 Page 74 of 89 6-6 New Business City of Moab Regular Meeting Schedule 2o19 The City of Moab will hold Regular City Council Meetings at 7:oo PM with workshops usually beginning at 6:3o PM on the second and fourth Tuesdays of each month. All Regular City Council Meetings will be held in the Moab City Council Chambers at 217 East Center Street, Moab, Utah. Meeting dates will be as follows: Regular Meeting January 8 Regular Meeting/Joint Planning Commission January 22 Regular Meeting February 12 Regular Meeting February 26 Regular Meeting March 12 Regular Meeting March 26 Regular Meeting April Regular Meeting/Joint Planning Commission April 23 Regular Meeting May 14 Regular Meeting May 28 Regular Meeting June 11 Regular Meeting June 25 Regular Meeting July 9 Regular Meeting/Joint Planning Commission July 23 Regular Meeting August 13 Regular Meeting August 27 Regular Meeting September 10 Regular Meeting September 24 Regular Meeting October 8 Regular Meeting/Joint Planning Commission October 22 Regular Meeting November 12 Regular Meeting December 10 /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, December 20 and 27, 2018. Page 75 of 89 6-7 New Business City of Moab Holiday Schedule 2o19 Moab City Offices will be closed on the following holidays during 2019: New Year's Day January 1 Tuesday Dr. Martin Luther King Jr. Day January 21 Monday Presidents' Day February 18 Monday Memorial Day May 27 Monday Independence Day July 4 Thursday Pioneer Day July 24 Wednesday Labor Day September 2 Monday Columbus Day October 14 Monday Veterans' Day November 11 Monday Thanksgiving Day November 28 Thursday Day After Thanksgiving November 29 Friday Christmas Day December 25 Wednesday /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, December 20 and 27, 2018. 6-8 New Business Page 76 of 89 Moab City Council Agenda Item Meeting Date: December ii, 2018 6-9 Title: Memorandum of Understanding (MOU) between the City of Moab and Rocky Mountain Power regarding the Joint Clean Energy Statement. Date Submitted: December 5, 2018 Staff Presenter: Rosemarie Russo, Sustainability Director Attachment(s): • Proposed Resolution 57-2018 • Draft Memorandum of Understanding Recommended Motion: I move to approve Resolution 57-2018, A Resolution Authorizing the Mayor to Sign a Memorandum of Understanding with Rocky Mountain Power Memorializing the Joint Clean Energy Cooperation Statement. Background/Summary: Rocky Mountain Power drafted a Joint Clean Energy Statement for the City that would memorialize the intent of both parties to work together closely to advance the City's sustainability goals. The draft is attached for consideration. Page 77 of 89 6-9 New Business CITY OF MOAB RESOLUTION NO. 57-2018 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING WITH ROCKY MOUNTAIN POWER MEMORIALIZING THE JOINT CLEAN ENERGY COOPERATION STATEMENT WHEREAS, the City of Moab ("City") has set ambitious renewable energy goals for both municipal functions and the community as a whole; and WHEREAS, Rocky Mountain Power ("RMP") and the City desire to work cooperatively to support the City's energy goals as identified in the proposed Memorandum of Understanding using programs and innovative technologies that may be unique to the City and will be further developed through ongoing feasibility and implementation work; and WHEREAS, the proposed MOU memorializes the City and RMP's stated intent; THEREFORE, be it resolved that the City of Moab City Council hereby approves this Resolution authorizing the Mayor of Moab to sign the attached MOU titled "THE CITY OF MOAB, UTAH AND ROCKY MOUNTAIN POWER JOINT CLEAN ENERGY COOPERATION STATEMENT" on behalf of the City to effectuate that desire. This Resolution shall take effect immediately. Passed and approved by action of the Governing Body of the City of Moab in open session on this l lth day of December, 2018. SIGNED: ATTEST: Emily S. Niehaus, Mayor Rachel Stenta, City Recorder Page 78 of 89 6-9 New Business THE CITY OF MOAB, UTAH AND ROCKY MOUNTAIN POWER JOINT CLEAN ENERGY COOPERATION STATEMENT The City of Moab ("City"), a Utah municipal corporation, and PacifiCorp dba Rocky Mountain Power, an Oregon corporation ("Company"), jointly state their intention to cooperate in accordance with the below stated objectives. Overview The City is responsible for protecting the public health and safety of its residents, which includes facilitating access to clean air, dependable and affordable energy, clean water and a livable environment. The Company is a publicly -traded electric utility regulated by the Public Service Commission of the State of Utah ("PSC") with a responsibility for providing safe and reliable electrical service to its customers by means and at rates that are fair, just and reasonable as determined by the PSC. The City has determined that meaningful reductions in pollution and greenhouse gas emissions will benefit all City residents, visitors, businesses and Utah as a whole, through improved public health, additional economic opportunities, long-term energy price stability and a stronger sense of community security. The City and the Company desire to work cooperatively to support the City's energy goals as identified herein using programs and innovative technologies that may be unique to the City and will be further developed through ongoing feasibility and implementation work. Goals The City is committed to reducing pollution and the carbon intensity of electricity used in the City by both the municipality and general citizenry. The City has set a goal to transition to an annually measured at least 50% net renewable electrical energy portfolio for municipal functions by 2024, 100% net renewable electrical energy portfolio for municipal functions by 2027 and for the community as a whole by 2032. The City desires to accelerate adoption of energy efficiency in the community and for municipal operations because the cheapest, cleanest energy is energy that is not used. This, in turn, will reduce energy costs. The City envisions measures to mitigate any incremental costs associated with pursuing a clean energy future to all City energy users with a high priority placed on preventing negative impacts Page 79 of 89 6-9 New Business to low-income residents. Further, the City is willing to evaluate cost savings that are mutually beneficial to both RMP and the City in meeting our environmental goals and mandates. The City and the Company mutually agree to develop a local energy system that meets the social, environmental, and economic goals of the City. Renewable Energy, Energy Efficiency and Electric Vehicle Projects The City and the Company will develop a variety of energy efficiency and renewable resource options for all energy users in the City, including residential, commercial, industrial, governmental and non-profit users, to reduce carbon intensity and make significant progress towards the City's emissions and energy usage goals. These options likely include remote and locally sited utility -scale solar and regional wind installation solutions, along with customers' ability to net meter their own installations. The plan will also consider and evaluate the following options for further development: • New Subscriber Solar and Wind. • Evaluation of existing renewable resources to meet city needs and potential retirement of Renewable Energy Credits (RECs).A customized renewable energy program that addresses the transition from coal based generation to renewable and the associated costs. The City and the Company will work together on programs that may include energy efficiency, demand response, energy storage and renewable energy projects, including programs designed to provide energy users within the City the ability to purchase the output of regional renewable energy facilities. The City and the Company will strive to jointly evaluate new technologies such as smart grid and customer -side investments designed to allow efficient utilization of resources, reduced greenhouse gas -emissions and deployment of renewable energy and electric vehicle ("EV") charging infrastructure. The City and the Company will strive to investigate options to deploy EV infrastructure and innovative technologies to support EVs. Municipal Renewable Energy Projects To facilitate the City's renewable energy and carbon reduction goals for City facilities and increase and expand the City's municipal clean energy portfolio, the City has subscribed to approximately eighteen thousand eight hundred (18,800) kilowatt-hours per month of solar energy for use at various City facilities under the Company's -Subscriber Solar Program. To the Page 80 of 89 6-9 New Business extent additional solar energy is or becomes available under the Company's• Subscriber Solar program or otherwise, the City may subscribe to additional solar energy for City facilities in the future. The City reserves the right to pursue alternate sources of renewable energy, particularly as it relates to the potential for community choice aggregation ("CCA") energy production. The City and the Company intend to cooperate to identify additional avenues for leveraging City assets (e.g., infrastructure and property) and City and Company investments to build additional renewable energy projects to achieve the City's municipal energy goals. Implementation Steps and Timing The City and the Company intend to work together as outlined in the Community Energy Plan respective roles, processes, responsibilities, timelines, programs, project development pathways and costs to achieve the goals and deliverables outlined in this Cooperation Statement. The City and Company will meet quarterly to develop a framework of deliverables to support the implementation plan. The target deadline for completion and acceptance of the initial framework of deliverables by the Company and the City is December 31, 2018. The Company desires to assist the City to develop a 10-year load forecast, to be updated as needed, using 2016 as the baseline. The City and the Company intend to jointly publish an annual report by March of each year, beginning in 2018, to detail status and progress towards renewable energy, energy efficiency and carbon reduction goals. The City and the Company intend to cooperate to identify mutually agreeable projects and programs and the Company will take a leadership role in identifying and pursuing the necessary approvals required. - The City and the Company intend to work together in good faith to develop and implement projects and programs to help the City achieve its clean energy targets with the understanding that implementing these measures will require entering into contracts and agreements to administer the developed programs and may require commission approval. Commitment of Cooperation As stated above, the City and the Company desire to work together to successfully achieve the City's stated goals and the objectives that will be jointly developed over time. The City desires to work directly with the Company on its renewable energy supply as well as explore options including CCA. If by January 1, 2020, successful municipal plan is underway, approvals are secured to meet the community -wide 2032 goal, and the program(s) plans are satisfactory to the City and the Company, the City will not implement CCA or other directly conflicting options Page 81 of 89 6-9 New Business thereafter. If either the City or the Company has a dispute regarding progress towards objectives outlined in this Cooperation Statement or the timeliness of related implementation, the City Manager and the CEO of the Company desire to be directly involved and work together to attempt to resolve whatever issues may arise. This Cooperation Statement shall become effective upon signing by both the City and Company and will inform cooperation between City and Company moving forward. Progress towards objectives stated herein will be reviewed and the Cooperation Statement may be extended in the future, with or without amendments, through a commitment by both the City and the Company. IN WITNESS WHEREOF, the parties to this JOINT COOPERATIVE STATEMENT have affixed their signatures: [Rocky Mountain Power representative] Mayor Emily S. Niehaus Date: Date: Page 82 of 89 6-9 New Business Moab City Council Agenda Item Meeting Date: December ii, 2018 #: 6-io Title: Memorandum of Understanding (MOU) between the City of Moab and Rocky Mountain Power regarding the Construction and Operation of Blue Sky Solar Array Proj ects. Date Submitted: December 5, 2018 Staff Presenter: Rosemarie Russo, Sustainability Director Attachment(s): - Proposed Resolution 55-2018 - Draft Memorandum of Understanding - Draft Lease Terms for review Recommended Motion: I move to approve Resolution 55-2o18, A Resolution Authorizing the City Manager to Sign a Memorandum of Understanding with Rocky Mountain Power Regarding the Construction and Operation of Blue Sky Solar Array Proj ects. Background/Summary: Staff has been working with Rocky Mountain Power for several months on programs and projects to accelerate the adoption of energy efficiency and increase our renewable energy portfolio. To date, over 50 businesses have completed lighting assessments. Projected savings will be approximately $364,000. Staff has researched and toured several sites and identified a City property to host a ground —mount boo kW AC solar array. Factors that influence ability to host PV: • Location of the PV on the feeder; • Proximity to substation; • Length of feeder; • Feeder voltage; • Existing load and DERs; • Timing of loads and export from PV; and • Configuration of distribution feeder and equipment used for voltage control and maintaining reliability. Benefits: • Avoided transmission investments • Reduced grid congestion • Avoided renewables integration costs • Avoided substation and feeder investments Page 83 of 89 6-10 New Business " A v o i d e d d i s t r i b u t i o n v o l t a g e a n d p o w e r q u a l i t y c o s t s " A v o i d e d d i s t r i b u t i o n r e l i a b i l i t y a n d r e s i l i e n c y c o s t s " S o c i e t a l a v o i d e d c o s t s o f D E R s ( e . g . , a i r q u a l i t y ) " A v o i d e d p u b l i c s a f e t y c o s t s o f o v e r h e a d t r a n s m i s s i o n s T h e l e a s e t e r m s o u t l i n e t h e p e r m i t t e d u s e s a s s o c i a t e d w i t h t h e i n s t a l l a t i o n , c o m m i s s i o n i n g , o p e r a t i o n s a n d o f t h e s o l a r a r r a y o n a 1 6 , 0 0 0 s q . m e t e r p a r c e l a d j a c e n t t o t h e s t o r a g e s h e d a t t h e M o a b G o l f C o u r s e . T h i s d o c u m e n t i s p r o v i d e d f o r i n f o r m a t i o n a l p u r p o s e s o n l y a t t h i s t i m e . T h e B l u e S k y S o l a r A r r a y A g r e e m e n t a n d C l e a n E n e r g y A g r e e m e n t ( a s e p a r a t e a g e n d a i t e m ) i l l u s t r a t e t h e i n t e n t i o n o f t h e C i t y a n d R o c k y M o u n t a i n P o w e r t o w o r k c o o p e r a t i v e l y t o a c h i e v e t h e C i t y ' s e m i s s i o n a n d e n e r g y u s e g o a l s . P a g e 8 4 o f 8 9 6 - 1 0 N e w B u s i n e s s CITY OF MOAB RESOLUTION NO. 55-2018 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH ROCKY MOUNTAIN POWER REGARDING THE CONSTRUCTION AND OPERATION OF BLUE SKY SOLAR ARRAY PROJECTS WHEREAS, the City of Moab ("City") has set ambitious renewable energy goals for both municipal functions and the community as a whole; and WHEREAS, Rocky Mountain Power ("RMP") and the City desire to facilitate the location and construction of photovoltaic arrays at certain locations within the City. THEREFORE, be it resolved that the City of Moab City Council hereby approves this Resolution authorizing the City Manager to sign the attached MOU on behalf of the City to effectuate that desire. This Resolution shall take effect immediately. Passed and approved by action of the Governing Body of the City of Moab in open session on this 1 lth day of December, 2018. SIGNED: ATTEST: Emily S. Niehaus, Mayor Rachel Stenta, City Recorder Page 85 of 89 6-10 New Business MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MOAB, UTAH AND ROCKY MOUNTAIN POWER REGARDING THE CONSTRUCTION AND OPERATION OF BLUE SKY SOLAR ARRAY PROJECTS THIS MEMORANDUM OF UNDERSTANDING (this "MOU"), entered into this 11th day of December, 2018, is between the City of Moab ("City") and PacifiCorp, an Oregon corporation doing business as Rocky Mountain Power ("RMP"). City and RMP are hereinafter referred to collectively as the "Parties" and individually as a "Party." Pursuant to the Joint Clean Energy Cooperation Statement between RMP and the City and in accordance with Rocky Mountain Power's Blue Sky Programs, RMP proposes to work with the City to construct a solar production facility (the "Production Facility") and a separate solar net -metered facility (the "Net -Metered Facility") that will be used to generate renewable energy. The Production Facility shall be owned by RMP and be located on City property. The Net -Metered Facility shall be owned by the City and be located on City property. The Production Facility and Net -Metered Facility will provide new renewable generation resources for RMP's customers, including customers within the City, and will create a visible display of the Parties' commitment to developing and sustaining renewable energy sources. RMP will build the Production Facility and Net -Metered Facility, both of which will include ground -mount solar photovoltaic arrays. A more detailed design will be completed to determine the proposed power capacity for both facilities that can be produced within the surface area made available by the City and the funds available under the Blue Sky Program. The Production Facility will be owned, operated and maintained by RMP, and will interconnect with and deliver energy to the local distribution system that supplies Moab city for the benefit of RMP's customers. The separate Net -Metered Facility will be constructed near the City's Wastewater Treatment Plant using Blue Sky funds and will be owned, operated and maintained by the City. The generation from the Net -Metered Facility be dedicated to the Wastewater Treatment Plant and will be net -metered under RMP's Schedule 136, Transition Program for Customer Generators. RMP will be responsible for: • Design, installation and commissioning of the Production Facility and Net -Metered Facility, including all costs related to the same. The projects will be built to RMP technical standards and will be procured and constructed through a competitively bid process administered by RMP. • Operations and maintenance of the Production Facility. • Risk of loss, insurance and any applicable taxes, including indemnification of City for any damage to the City's property resulting from the installation and/or operation of the Production Facility. See https://www.rockymountainpower.net/env/bsre/bscpf/eligibility.html and https://psc.utah.gov/electric/blue-sky-program-information/ Page 86 of 89 6-10 New Business " I n s t a l l i n g a d d i t i o n a l f e n c i n g t o s e c u r e t h e P r o d u c t i o n F a c i l i t y i f R M P d e e m s n e c e s s a r y . " C o o r d i n a t i n g w i t h t h e C i t y r e g a r d i n g p u b l i c e n g a g e m e n t a n d n o t i f y i n g l o c a l r e s i d e n t s . " D e s i g n a n d i n s t a l l a t i o n o f s i g n a g e p r o m o t i n g t h e p a r t n e r s h i p b e t w e e n t h e C i t y a n d R M P . " R e m o v i n g t h e P r o d u c t i o n F a c i l i t y a t t h e t e r m i n a t i o n o f t h e l e a s e ( o r f u t u r e l e a s e s ) o r a t t h e e n d o f t h e u s e f u l l i f e o f t h e P r o d u c t i o n F a c i l i t y , w h i c h e v e r o c c u r s s o o n e s t , o r t r a n s f e r r i n g t h e a s s e t t o t h e C i t y . T h e C i t y w i l l p r o v i d e : " A t w e n t y - y e a r l e a s e f o r t h e P r o d u c t i o n F a c i l i t y o n C i t y p r o p e r t y s u b j e c t t o t h e t e r m s a n d c o n d i t i o n s i n a l e a s e a g r e e m e n t b e t w e e n t h e p a r t i e s . " C o o r d i n a t i o n a n d f a c i l i t a t i o n f o r t h e d e s i g n , c o n s t r u c t i o n a n d c o m m i s s i o n i n g o f t h e P r o d u c t i o n F a c i l i t y a n d a n y a s s o c i a t e d i n t e r c o n n e c t i o n f a c i l i t y . " S u p p o r t f o r a n y n e e d e d p u b l i c e n g a g e m e n t . " A c c e s s t o t h e N e t - M e t e r e d F a c i l i t y s i t e f o r n e c e s s a r y c o n s t r u c t i o n a n d i n s t a l l a t i o n a c t i v i t i e s . " O p e r a t i o n s a n d m a i n t e n a n c e o f t h e N e t - M e t e r e d F a c i l i t y . " A m u t u a l l y a g r e e d u p o n l o c a t i o n f o r B l u e S k y s i g n a g e , s u b j e c t t o a p p l i c a b l e l o c a l , s t a t e , a n d f e d e r a l r e g u l a t i o n s . E x p e c t e d M i l e s t o n e s " L e a s e s i g n e d b y b o t h p a r t i e s : D e c e m b e r 3 1 , 2 0 1 8 " P r o d u c t i o n F a c i l i t y C o n s t r u c t i o n S t a r t e d : n o l a t e r t h a n 1 2 m o n t h s a f t e r b o t h p a r t i e s s i g n t h e L e a s e " N e t - M e t e r e d F a c i l i t y C o n s t r u c t i o n S t a r t e d : n o l a t e r t h a n 1 2 m o n t h s a f t e r t h e p a r t i e s s i g n t h e M O U . B y s i g n i n g b e l o w , t h e p a r t i e s i n d i c a t e t h e i r w i l l i n g n e s s t o c o l l a b o r a t e o n t h e p r o j e c t s d e s c r i b e d a b o v e . D a t e : [ R o c k y M o u n t a i n P o w e r r e p r e s e n t a t i v e ] S I G N E D : A T T E S T : E m i l y S . N i e h a u s , M a y o r o f M o a b R a c h e l S t e n t a , M o a b C i t y R e c o r d e r P a g e 8 7 o f 8 9 6 - 1 0 N e w B u s i n e s s Draft Blue Sky Solar Lease Terms These are draft terms to be incorporated into a forma lease agreement at a later date. 1. SITE: The parcel(s) contained in this agreement are is/described as follows: Easement, roughly 16,000 sq. meters adjacent to storage sheds east of greens on Murphy Lane. 2. TERM: The term of this Agreement shall commence on XXXX and shall remain in effect through and including and shall thereafter continue on a month -to -month basis until terminated in accordance with the provisions hereof unless either party gives written notice of termination of at least 3o days before the Lease Contract term or renewal period ends, or unless all parties sign another Lease Contract. 3. INDEMNIFICATION: Lessee hereby agrees to indemnify and hold Lessor harmless for any injury, death, or criminal acts of residents and guests, to any person or damage to any property arising out of the use of the property by lessee, agents, employees, guests, or invitees. Lessee agrees to pay Lessor for any damages caused by Lessee. 4. FEE: The lessee will not be obligated to pay a lease fee. 5. PERMITTED USES: The lessee is permitted all normal activities associated with the above purposes, including but not limited to: installation, commissioning, operations and maintenance of the solar array. The tenant agrees to employ standard best management practices for landscaping. 6. PROHIBITED USES: The lessee shall not, unless by mutual agreement to the contrary, application of the following pesticides, insecticides, and fungicides products: • Neonicotinoids, specifically imidacloprid and clothianidin • 3336 F Fungicide • Aquamaster • Agnique MMF-G • Azatin XL • Contrac All Weather Blox • Fiesta • Garlon 4 Ultra • Heritage Fungicide • Intice Thiquid Ant Bait • Milestone • Marathon 1% Granular • Perma-Dust • Round -Up Promax Page 88 of 89 • Terro Ant Killer 6-10 New Business " T o p G u n A l l W e a t h e r B a i t B l o c k " T o u r n e y " T r i n i t y T M " T u r f l o n E s t e r " W a s p - F r e e z e H o r n e t K i l l e r 7 . T A X E S : T h e l e s s o r a g r e e s t o p a y a l l t a x e s a n d a s s e s s m e n t s a s s o c i a t e d w i t h t h i s p a r c e l . 8 . I N S U R A N C E : T h e l e s s e e a g r e e s t o p r o v i d e t h e l a n d o w n e r w i t h e v i d e n c e o f l i a b i l i t y i n s u r a n c e c o v e r a g e . 9 . T E R M S : T h e t e r m s o f t h i s l e a s e m a y b e a m e n d e d b y m u t u a l c o n s e n t . 1 0 . D E F A U L T : A d e f a u l t i n a n y o f t h e s e p r o v i s i o n s b y e i t h e r p a r t y m a y b e r e m e d i e d u p o n w r i t t e n n o t i c e b y t h e o t h e r p a r t y w i t h i n _ 1 4 d a y s o f r e c e i p t o f s u c h n o t i c e . A n y d i s p u t e s o c c u r r i n g f r o m t h i s l e a s e m a y b e r e s o l v e d b y s t a n d a r d m e d i a t i o n p r a c t i c e s , i f n e c e s s a r y . 1 1 . A T T O R N E Y ' S F E E S : S h o u l d e i t h e r L e s s e e o r L e s s o r b e r e q u i r e d t o e m p l o y l e g a l c o u n s e l t o e n f o r c e t h e t e r m s , c o n d i t i o n s a n d c o v e n a n t s o f t h i s A g r e e m e n t , t h e p r e v a i l i n g p a r t y s h a l l r e c o v e r a l l r e a s o n a b l e a t t o r n e y s ' f e e s i n c u r r e d t h e r e i n . 1 2 . M I S C E L L A N E O U S : T h e l a w s o f t h e S t a t e o f U t a h s h a l l g o v e r n t h i s A g r e e m e n t . L e s s e e a c k n o w l e d g e s h a v i n g r e a d a n d u n d e r s t o o d a l l o f t h e t e r m s a n d p r o v i s i o n s o f t h i s A g r e e m e n t a n d a g r e e s t o b e b o u n d t h e r e b y . 1 3 . A C C E S S : L e s s e e r e t a i n s h i s / h e r r i g h t t o a c c e s s t h e p a r c e l ( s ) f o r t h e p u r p o s e s o f i n s p e c t i o n w i t h p r i o r n o t i f i c a t i o n t o t h e t e n a n t . A t t a c h m e n t s m a y i n c l u d e : " P l a n o f l a n d P r o o f o f i n s u r a n c e O t h e r d o c u m e n t s a s m u t u a l l y a g r e e d P a g e 8 9 o f 8 9 6 - 1 0 N e w B u s i n e s s