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Home My Public Portal AboutPKT-CC-2020-01-28JANUARY 28, 2020 REGULAR CITY COUNCIL MEETING 7:00 P.M. City Council Chambers 217 East Center Street Moab, Utah 84532 Regular City Council Meeting - 7:00 p.m. Call to Order and Pledge of Allegiance Mayor and Council Reports Administrative Reports Citizens to Be Heard Old Business Review of Council Member Community Organization Liaison and Board Assignments agenda summary sheet - board and commission liaison designations.pdf resolution - community board liaison designations.pdf attachment a - list of designated liaisons for community boards and organizations .pdf resolution 09 -2018.pdf listofdesignatedliaisonsforcommunityboards.pdf New Business Confirmation of Mayoral Appointment of Ruben Villalpando -Salas to the City Planning and Zoning Commission agenda summary sheet - confirmation of appointment of ruben villalpando -salas to city planning commission.pdf interest ruben villalpando -salas.pdf Letter of Support for the Natural History Museum of Utah Statewide Marker Program in Moab City Briefing and possible action letter of support - natural history museum of utah statewide marker program.pdf 01.08.20 statewide marker program overview for dmos.pdf museum.pdf Proposed Resolution 07 -2020: A Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of Moab as Surplus Briefing and possible action agenda summary - resolution 07 -2020.pdf resolution 07 -2020 - surplus property.pdf Proposed Resolution 05 -2020: Approving the Capital Improvements Project List Briefing and possible action agenda summary sheet - resolution 05 -2020 adopting cip list.pdf proposed resolution 05-2020 - capital improvements project list.pdf Proposed Resolution 06 -2020: A Resolution Expressing Opposition to Bureau of Land Management Oil and Gas Leases Near the Sand Flats Recreation Area and on the City of Moab's Sole Source Aquifer Briefing and possible action agenda summary sfra oil and gas leases.pdf resolution 06 -2020 sfra oil and gas lease january 2020.pdf blm oil and gas leases map water resources.pdf blm oil and gas leases recreation.pdf Proposed Pre -Annexation Agreement Among Lions Back Holding, LLC and the City of Moab, Located at Approximately 938 and 940 South Main, Moab, Utah 84532 Briefing and possible action agenda summary - pre -annexation agreement.pdf preannexation agreement-ac.pdf 940 s main map.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1. 2. 3. 4. 5. 6. 6.1. Documents: 7. 7.1. Documents: 7.2. Documents: 7.3. Documents: 7.4. Documents: 7.5. Documents: 7.6. Documents: 8. 9. JANUARY 28, 2020REGULAR CITY COUNCIL MEETING 7:00 P.M.City Council Chambers 217 East Center Street Moab, Utah 84532Regular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceMayor and Council ReportsAdministrative ReportsCitizens to Be HeardOld BusinessReview of Council Member Community Organization Liaison and Board Assignments agenda summary sheet - board and commission liaison designations.pdfresolution - community board liaison designations.pdfattachment a - list of designated liaisons for community boards and organizations .pdfresolution 09 -2018.pdflistofdesignatedliaisonsforcommunityboards.pdfNew BusinessConfirmation of Mayoral Appointment of Ruben Villalpando -Salas to the City Planning and Zoning Commissionagenda summary sheet - confirmation of appointment of ruben villalpando -salas to city planning commission.pdfinterest ruben villalpando -salas.pdfLetter of Support for the Natural History Museum of Utah Statewide Marker Program in Moab CityBriefing and possible action letter of support - natural history museum of utah statewide marker program.pdf 01.08.20 statewide marker program overview for dmos.pdf museum.pdf Proposed Resolution 07 -2020: A Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of Moab as Surplus Briefing and possible action agenda summary - resolution 07 -2020.pdf resolution 07 -2020 - surplus property.pdf Proposed Resolution 05 -2020: Approving the Capital Improvements Project List Briefing and possible action agenda summary sheet - resolution 05 -2020 adopting cip list.pdf proposed resolution 05-2020 - capital improvements project list.pdf Proposed Resolution 06 -2020: A Resolution Expressing Opposition to Bureau of Land Management Oil and Gas Leases Near the Sand Flats Recreation Area and on the City of Moab's Sole Source Aquifer Briefing and possible action agenda summary sfra oil and gas leases.pdf resolution 06 -2020 sfra oil and gas lease january 2020.pdf blm oil and gas leases map water resources.pdf blm oil and gas leases recreation.pdf Proposed Pre -Annexation Agreement Among Lions Back Holding, LLC and the City of Moab, Located at Approximately 938 and 940 South Main, Moab, Utah 84532 Briefing and possible action agenda summary - pre -annexation agreement.pdf preannexation agreement-ac.pdf 940 s main map.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.2.3.4.5.6.6.1.Documents:7.7.1.Documents:7.2. Documents: 7.3. Documents: 7.4. Documents: 7.5. Documents: 7.6. Documents: 8. 9. JANUARY 28, 2020REGULAR CITY COUNCIL MEETING 7:00 P.M.City Council Chambers 217 East Center Street Moab, Utah 84532Regular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceMayor and Council ReportsAdministrative ReportsCitizens to Be HeardOld BusinessReview of Council Member Community Organization Liaison and Board Assignments agenda summary sheet - board and commission liaison designations.pdfresolution - community board liaison designations.pdfattachment a - list of designated liaisons for community boards and organizations .pdfresolution 09 -2018.pdflistofdesignatedliaisonsforcommunityboards.pdfNew BusinessConfirmation of Mayoral Appointment of Ruben Villalpando -Salas to the City Planning and Zoning Commissionagenda summary sheet - confirmation of appointment of ruben villalpando -salas to city planning commission.pdfinterest ruben villalpando -salas.pdfLetter of Support for the Natural History Museum of Utah Statewide Marker Program in Moab CityBriefing and possible actionletter of support - natural history museum of utah statewide marker program.pdf01.08.20 statewide marker program overview for dmos.pdfmuseum.pdfProposed Resolution 07 -2020: A Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of Moab as SurplusBriefing and possible actionagenda summary - resolution 07 -2020.pdfresolution 07 -2020 - surplus property.pdfProposed Resolution 05 -2020: Approving the Capital Improvements Project ListBriefing and possible actionagenda summary sheet - resolution 05 -2020 adopting cip list.pdfproposed resolution 05-2020 - capital improvements project list.pdfProposed Resolution 06 -2020: A Resolution Expressing Opposition to Bureau of Land Management Oil and Gas Leases Near the Sand Flats Recreation Area and on the City of Moab's Sole Source AquiferBriefing and possible actionagenda summary sfra oil and gas leases.pdfresolution 06 -2020 sfra oil and gas lease january 2020.pdfblm oil and gas leases map water resources.pdfblm oil and gas leases recreation.pdfProposed Pre -Annexation Agreement Among Lions Back Holding, LLC and the City of Moab, Located at Approximately 938 and 940 South Main, Moab, Utah 84532Briefing and possible actionagenda summary - pre -annexation agreement.pdfpreannexation agreement-ac.pdf940 s main map.pdfApproval of Bills Against the City of MoabAdjournmentSpecial Accommodations:In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.2.3.4.5.6.6.1.Documents:7.7.1.Documents:7.2.Documents:7.3.Documents:7.4.Documents:7.5.Documents:7.6.Documents:8.9. 1 Moab City Council Agenda Item Meeting Date: January 14, 2020 Title: Community Board and Commission Liaison Designations Date Submitted: January 14, 2020 Staff Presenter: Joel Linares Attachment(s): -Resolution memorializing community board and organization liaison designations Recommended Motion: I move to approve the resolution memorializing the list of designated liaisons for selected boards and organizations. Background/Summary: On January 14, 2020, the Moab City Mayor and Councilmembers discussed how to best engage in effective communication with and provide representation to various community boards and organizations. The proposed resolution memorializes that discussion and adopts the attached list of designees (Attachment A) for selected boards and organizations for the calendar year 2020. 1 CITY OF MOAB RESOLUTION NO. 04-2020, A RESOLUTION MEMORIALIZING THE DESIGNATION OF COUNCILMEMBERS AND STAFF AS LIAISONS TO VARIOUS COMMUNITY BOARDS AND ORGANIZATIONS The following describes the intent and purpose of this resolution: A.On January 14, 2020, the Moab City Mayor and Councilmembers (“Council”) discussed how to best engage in effective communication with and provide representation to various community boards and organizations; and B.Based on that discussion, the Council memorializes the attached list of designees (Attachment A) for the calendar year 2020. The foregoing resolution is approved and adopted by action of the Moab City Council, as set forth below. This resolution shall take effect immediately. ______________________________ Mayor Emily S. Niehaus Date Attest: ____________________________________________ Sommar Johnson, Recorder Date Attachment A Designated Liaisons for Selected Boards and Organizations Organization Designee Alternate Grand County Airport Board Karen Guzman- Newton Grand County Recreation Special Service District Grand County Solid Waste Special Service District Kalen Jones Grand Water & Sewer Service Agency Mike Duncan Moab Mosquito Abatement District Chace Gholson Moab Area Travel Council Advisory Board Southeastern Utah Association of Local Government Mayor Niehaus Canyonlands Health Care Special Service District Rani Derasary Moab Chamber of Commerce Karen Guzman- Newton ULCT Legislative Policy Committee Rani Derasary, Tawny Knuteson-Boyd, Joel Linares Grand County Active Transportation (Trail Mix) Moab Area Watershed Partnership Mike Duncan Kalen Jones EDC Utah Mayor Niehaus Economic Development ad hoc committee Kalen Jones Moab Dark Skies Working Group Kalen Jones Grand Homeless Coordinating Committee Mike Duncan Intergenerational Poverty Tawny Knuteson-Boyd Moab Area Housing Task Force Kalen Jones Communities that Care Karen Guzman- Newton, Tawny Knuteson-Boyd USU Dean's Council Mayor Niehaus Throttle Down Kalen Jones Housing Authority of Southeastern Utah Tawny Knuteson-Boyd Grand County Council Mayor Niehaus Grand County School District Board of Education Karen Guzman- Newton Moab Tailings Project Steering Committee Rani Derasary UMTRA Funding Subcommittee Rani Derasary Moab City Water Conservation & Drought Management Advisory Board Mike Duncan CITY OF MOAB RESOLUTION NO. 09-2018, A RESOLUTION MEMORIALIZING THE DESIGNATION OF COUNCILMEMBERS AND STAFF AS LIAISONS TO VARIOUS COMMUNITY BOARDS AND ORGANIZATIONS The following describes the intent and purpose of this resolution: A. On January 22, 2018, the Moab City Mayor and Councilmembers ("Council") discussed how to best engage in effective communication with and provide representation to various community boards and organizations; and B. Based on that discussion, the Council memorializes the attached list of designees (Attachment A) for the calendar year 2018. The foregoing resolution is approved and adopted by action of the Moab City Council, as set forth below. This resolution shall take effect immediately. Mayor Emily S. Niehaus Z--13-1� Date a - 1 3- i8 Rachel Stenta, Recorder Date 1 Attachment A Designated Liaisons for Selected Boards and Organizations Organization Grand County Airport Board Grand County Recreation Special Service District Grand County Solid Waste Special Service District Grand Water & Sewer Service Agency Moab Mosquito Abatement District Moab Area Travel Council Advisory Board Southeastern Utah Association of Local Government Canyonlands Health Care S ecial Service District Moab Chamber of Commerce ULCT Legislative Policy Committee Trail Mix Moab Area Watershed Partnership EDC Utah Economic Development ad hoc committee Moab Dark Skies Working Group Grand Homeless Coordinating Committee Intergenerational Poverty Moab Area Housing Task Force Communities that Care USU Dean's Council Throttle Down Housing Authority of Southeastern Utah Grand County Council Grand County School District Board of Education Moab Tailings Project Steering Committee UMTRA Funding Subcommittee Moab City Water Conservation & Drought Management Advisory Board Designee Guzman -Newton Tif Miller Jones Duncan Chace Gholson David Everitt Mayor Niehaus Derasary Guzman -Newton Mayor Niehaus, Derasary Tif Miller Duncan. Jones as alternate Mayor Niehaus Jones Jones Duncan Knuteson-Boyd Jones Guzman -Newton, Knuteson- Boyd Mayor Niehaus Jones Knuteson-Boyd Niehaus Guzman -Newton Derasary Derasary Duncan 1/23/2020 ListofDesignatedLiaisonsforCommunityBoardsand.html file:///C:/Users/sjohnson/AppData/Local/Temp/7zO049466F0/ListofDesignatedLiaisonsforCommunityBoardsand.html 1/2 Attachment A Designated Liaisons for Selected Boards and Organizations Organization Designee Alternate Grand County Airport Board Karen Guzman-Newton Grand County Recreation Special Service District Grand County Solid Waste Special Service District Kalen Jones Grand Water & Sewer Service Agency Mike Duncan Moab Mosquito Abatement District Chace Gholson Moab Area Travel Council Advisory Board Southeastern Utah Association of Local Government Mayor Niehaus Utah League of Cities and Towns Board Mayor Niehaus Joel Linares Canyonlands Health Care Special Service District [a]Rani Derasary Moab Chamber of Commerce Board Karen Guzman-Newton ULCT Legislative Policy Committee Rani Derasary, Carly Castle, Joel[b] Linares Grand County Active Transportation (Trail Mix)[c] Moab Area Watershed Partnership Mike Duncan Kalen Jones Economic Development ad hoc committee Kalen Jones Moab Dark Skies Working Group Kalen Jones Grand Homeless Coordinating Committee Mike Duncan Intergenerational Poverty Tawny Knuteson-Boyd Moab Area Housing Task Force Kalen Jones Communities that Care Karen Guzman-Newton, Tawny Knuteson-Boyd USU Dean's Council Mike Duncan Mayor Niehaus Throttle Down Kalen Jones Utah Water Quality Board Mayor Niehaus Housing Authority of Southeastern Utah Tawny Knuteson-Boyd Governor’s Rural Partnership Board Mayor Niehaus Grand County School District Board of Education Liaison Karen Guzman-Newton Moab Tailings Project Steering Committee Rani Derasary UMTRA Funding Subcommittee Rani Derasary Moab City Water Conservation & Drought Management Advisory Board Mike Duncan Mill Creek Community Collaborative Mayor Niehaus Key Leader Board[d][e]Karen Guzman-Newton and Chief Edge Mayor Niehaus CAST The Mountain Pact (maybe part of CAST) Grand & San Juan County System of Care Resource Advisory Committee[f]Rani Derasary or? SE Utah Riparian Partnership[g]Rani Derasary? 1/23/2020 ListofDesignatedLiaisonsforCommunityBoardsand.html file:///C:/Users/sjohnson/AppData/Local/Temp/7zO049466F0/ListofDesignatedLiaisonsforCommunityBoardsand.html 2/2 [a]I'm currently the City rep on both this SSD and the EMS SSD. There are pros and cons to having the same person on these 2 boards and I'd like to present those to Council when we meet to discussthis list. [b]You can take me off LPC and someone who can get to the broadcast can cast one of our votes. [c]Trail Mix chair Paul Spencer asked me to clarify that this should simply be listed as "Trail Mix." FYI he notes: - "Grand County Active Transportation is a County department (aka Maddie and Tyson) that do the actual work. - Trail Mix is the committee that makes recommendations and meets once a month. So it is Trail Mix that needs an appointee." Cory Shurtleff, an equestrian, attended the last 2 Trail Mix meetings for the City. Spencer notes Cory offered a great report at the last meeting and they'd be happy to have him continue as City rep. I'm happy to be a back-up, but it's great if a non-Council person is main rep asTrail Mix meetings are 2nd Tues of month (11-1), and thus are on Council meeting days. [d]Whose key leader board is this? There have been several over the years :), so just confirming. [e]It's the Superintendent of the Grand School District [f]I added this one as they contacted me in the fall to attend one of their meetings and they would like a Council member to attend. I can explain more about this Ut Dept of Human Services program that's a "customized service approach to keep families safely together while effectively helping children with emotional and/or behavioral health needs thrive in their homes, schools and communities." You can see more info here: https://hs.utah.gov/systemofcare. Meetings are quarterly (ie, 4x a year), 2-4pm, 3rd Wed of month. I'm happy to attend unless someone else is more eager. [g]I have attended the last 2 meetings on the invitation of Chair Kara Dohrenwend. The City does have an agreement (I may have wrong word there) to participate, so I am happy to continue attending. They meet for half a day twice a year. Next meeting is 1-21-20, 10am-2:30pm. Moab City Council Agenda Item Meeting Date: January 28, 2020 Title: Confirmation of Mayoral Appointment to the City Planning and Zoning Commission Staff Presenter: n/a Attachment(s): -Letter of intent Recommended Motion: I move to confirm the mayoral appointment of Ruben Villalpando-Salas to the City Planning and Zoning Commission, effective immediately to replace the appointment formerly held by Jeanette Kopell. His term will expire December 31, 2022. He will be eligible for reappointment at that time. Background/Summary: Per Title 2 of the Moab City Code, the Mayor appoints and the Council confirms the members of the City’s Planning and Zoning Commission. December 12, 2019 To Mayor and Council, This letter is to express my interest in becoming a member of the City of Moab’s Planning Commision. I have been a member of the City of Moab since birth and like many others I would like to be a piece of what makes our city grow. Moab is a thriving city, one which could use the voice of the younger generation and I would see myself contributing to the plans that address our challenges and many opportunities. I value this small town for both its community and tourism-based economy. As well as being a working member of this city’s restaurant industry, I have seen the capacity grow through the years. My father has managed the Moab Brewery for the last 20 years, and this has allowed me to see the industrial side of living in a tourism-based economy. I have seen spikes in housing prices as well as overnight accommodations. I have read through and understand the Community Vision as stated in the General Plan of 2017. My time in the Planning Commission will allow me to pursue a role for myself in the public and earn important experience that can be used for a long time. I will continue to attend City Council meetings every 1st and 3rd Tuesdays as I believe my time is best spent in the public sector. Thank you for your consideration, Rubén Villalpando-Salas 435-260-9091 rvillalpandosalas@gmail.com 520 Emma Blvd #K Moab, Utah 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Emily S. Niehaus Tawny Knuteson-Boyd Rani Derasary Mike Duncan Karen Guzman-Newton Kalen Jones Mayor: Council: January 28, 2020 To Whom It May Concern: The Moab City Council, at their regular meeting held on January 28, 2020, approved the Natural History Museum of Utah Statewide Marker Program in the City of Moab, and we fully support this Museum endeavor and the location of the Marker in Moab City. Sincerely, Emily S. Niehaus Mayor, Moab City Council Natural History Museum of Utah Statewide Commemorative Marker Project Overview —January 8, 2020 To provide a brief overview of the NHMU program to attendees who may have missed it, and to provide clarification and concrete direction on timeline and immediate next steps. Purpose The Natural History Museum of Utah’s home, the Rio Tinto Center The Natural History Markers of Utah program is a statewide initiative to promote science education and engagement through the installation and promotion of permanent, commemorative markers at or near iconic locations statewide —one in every county. Our hope is to work with tourism and community partners throughout the state to tell each county’s ‘Uniquely Utah’ story through its remarkable natural history. A print and digital passport program will raise awareness of these extraordinary Project Overview Natural History Markers of Utah Program Markers will be placed at iconic locations in each of Utah’s 29 counties LOCATIONS: at site or elsewhere? YOU decide. BOX ELDER Site: Promontory Caves CARBON Site: Nine Mile Canyon EMERY Site: Fossil Point GRAND Site: Museum of Moab JUAB Site: Fish Spring KANE Site: Big Water RICH Site: Woodruff Bison Jump SAN JUAN Site: Utah’s First Dino SUMMIT Site: Ice Age Vertebrate Fossil SEVIER Site: Fremont UINTAH Site: Dinosaur National Monument WASATCH Site: Homestead Crater The Obvious Questions (and answers) ‣Are you asking for money? NO! ‣Are you going to try and tell me or my boss what to do? NO WAY! ‣Do you have locations in mind? YES! ‣Do you have clear and reasonable requests for our participation? YES! To Dos: BY 2/14:Obtain necessary approvals from leadership BY 2/21:Choose location for your marker and provide coordinates BY 2/28:Schedule a visit from Beth in March BY 3/13:Begin finalizing partnership and promo plan BY 3/31:Identify and provide introduction to marker installer or team Preferred Design Based on input gathered at the design charrette and in other venues, NHMU has worked with OC Tanner and project partners to develop a concept inspired by the classic US Geological Survey cast bronze benchmark markers. Current Design Concept ‣Markers will be made of a durable metal (or metals). USGS markers are often aluminum, brass or bronze. ‣Markers will be installed in the ground using concrete to keep them in place. ‣Markers will be easily installed by local crews using readily available equipment and materials. ‣Text should be readable by an average person bending down above the marker. (Viewable while standing would be awesome.) ‣Marker size will be larger than USGS markers —perhaps 8” to 12”. ‣Markers will include: ‣Museum name: Natural History Museum of Utah ‣Year placed: 2020 ‣Program name: Natural History Markers of Utah ‣URL for more info: nhmu.utah.edu/[countyname] ‣The name of the natural history spot being commemoratedApprox 3.5”. Ours will be bigger! NHMU will create a printed passport and leverage digital technology to advance gamification goals and add incentive elements —perhaps using Geocaching as a comparable. We envision smaller, collectible versions of each marker could be made available for sale at the NHMU Store and in county tourism bureaus. Preferred Direction (continued) Using the USGS markers as a guide, NHMU markers will be embedded in the ground and mounted in concrete. SUMMER 2020 NHMU 50TH ANNIVERSARY MARKERS WITH O.C. TANNER FEEDBACK: 1.08.2019 SUMMER 2021 Concept NHMU’s Commemorative Marker project will be created with the help of partners, supporters, and stakeholders statewide. To date, the project has benefited from support and advice from many individuals and organizations including: O.C. Tanner Susan E. & Stephen G. Denkers Foundation Utah Office of Tourism Utah Association of Counties Utah State Library Division Utah Symphony Utah Opera Willard L. Eccles Foundation Zions Bank Project Partners NHMU’s 50th Anniversary Sponsors September 10 November 5 November 14 & 15 December January-February February-March April 2020 May 13-15 2020 May 25, 2020 Summer 2020 Project Timeline Design Charrette Review schematic designs with O.C. Tanner Presentation of detailed project overview at the Utah Association Counties Annual Meeting in St. George ‣Partner recognition ‣Schematic drawing of marker ‣Map of potential locations ‣Passport concept ‣Timeline Design review and feedback Official Project kick-off —NHMU 50th Anniversary joint proclamation during Legislative Session Marker fabrication Marker and installation details to county public works / lands staff State Library Conference to kick off local library partnership LAUNCH! Memorial Day Summer travel season and program PR launch C Please contact: Beth Mitchell NHMU Director of External Relations bmitchell@nhmu.utah.edu (801) 581-4433 For additional information CKa(:d eauattc- 1 January 22, 2020 To Whom It May Concern: GRAND COUNTY COUNCIL MEMBERS Mary McGann (Chair) • Jaylyn Hawks (Vice Chair) Evan Clapper • Greg Halliday • Rory Paxman Curtis Wells • Gabriel Woytek The Grand County Council, at their regular council meeting last night, approved the Natural History Museum of Utah Statewide Marker Program in Grand County, and we fully support this Museum endeavor and the location of the Marker in Grand County. Sincerely, ary McGann, Chair Grand County Council Council's Office • 125 E. Center St. • Moab, UT 84532 • (435) 259-1346 • www.grandcountyutah.net Moab City Council Agenda Item Meeting Date: January 28, 2020 Title: Donation of found property bicycles/parts to the Moab City Arts and Recreation (MARC). Date Submitted: January 22, 2020 Staff Presenter: Cindy Montague, MCPD Evidence Custodian Attachment(s): 1) Preliminary designs for the bike racks. 2) List of bicycles to be donated. Options: Approve, deny, or modify. Recommended Motion: There are 32 bicycles/parts currently in inventory to be donated. The process is complete, as required by the State of Utah, Code 77-24a-5. Background/Summary: Donate bicycles to the MARC for “Bike Racks” project, whereas the racks will be in various locations in Moab City. Liz Holland, Moab City Arts and Special Events Manager, is working directly with the artist to create the bicycle racks and is the one who provided the diagrams for the racks. p5)0A1 iifivg 4 SPore' re-,056TTG- 44 Tile_ 4:3,4k1 Vil tti � , O l)es,y nI 7 Goo i ,S bare) requ Ares a ��c11 e,-„,,,n kind at=St , � raop veRsioN 3 • rol✓ireS no 0 51'1 /ye- ; _. • D o 1). .6'-.0m es rle-eU df'gg°d holes cm m„d eyetns,,n bofij e?b f • Cane :2e r'el oe,44-mop% W,'flu,* ✓n �o�T,iJq /re, dr,"1 /1',2 , • G e a5 1 „,l r bra / L✓►iQ��si s 9oes" TO ° I f 7 ciP/?Cy oie I0 es y/7 04.1 �a,nf�J /tee styles • can bey c� �y�,Pd -� �� avy s' Ce 80 kes Gan be- a/rHhye� yen any 4vdt bGn" 5v1 ar „F2 SNDEgs " VE p 510 J\> A I 1 AGNED C en+r-,, } bar--1-1irc Died p T �rDvy Cj oTTom-6P-Aci-G pFFf2S M 0 (4 en ` e ✓or- al/ 'LA Si.04, o space, G e-EA--re Sy'g-vc ry � CAn be m o 411000 VC Si ONI_2'za 9) ss -r 11 '''ttt�� .1y J t4 1 f /1 Vrq \ Skye Al AA) filoved 7� //'16✓En'/- u17`nws ✓-� I�.ti�10 6� ,04yn,v 472 -6\1;4422 a vet-/-4c Cg ncK 4o TED Fo /L 1'S� GQ D‘ w� ' tc�ew&idea.4t rpfl-rnes f�5 Ae.,5 yn R ccont5 E LDS re-m6rcerie4k 117 ke nNl/ef- Sion pK y Pursuant to Utah State Code Section 77-24a-5, the Moab City Police Department has the following Bicycles and Miscellaneous items as Found/Recovered Property: Evidence #Description of Property Serial # E169525 Silver/Black Avalon Dual Suspension GA090212008 E160127 Blue/Purple Unknown Make/Model 99TD852854 E156073 Tire/wheel/rim All Terrain Mt. Bike Unknown E194000 Blue Huffy Granite 18 Speed AB14J043056 E160526 White w/Gray Unknown Make/Model C62CR830 E155649 Lt. Peach Scott Scale 5435T24AB E199007 Blue/Pink/Purple (painted) Unk Make/Model AL14A071570 ABOVE ITEMS LISTED IN SEPTEMBER 2018 PUBLICATION Evidence #Description of Property Serial # E184030 Brown Mongoose Redliner H00670080 E184031 Red Huffy Bicycle AH16C011861 E193015 Blk BMX Bike GT Slammer. Front Tire Attached CM16H534266 E184035 Grey/Wht BMX Bicycle S165102199 E155657 Blk Cannondale Skinny Tire Bicycle 66112287053 E193017 Grey w/Red Movara lettering F05111914 E193022 Gray/Blue Haro Mt. Bike V24L4R0364 E193027 Blue/Yellow Mt. Bike w/yellow forks M8GI85158 E183579 Green NEXT Chaos GB070801801 E183580 Black LEXOR Mt. Bike F97900697 E194009 Blue NEXT Mt. Bike 00TD311978 E183584 Blue Scott Aspect A780M1610 E208008 Red Haro F3 8514980048 E199042 Blk/green Unk Make/Model. No wheels 209C2432A E194018 Yellow Royce Union BA80075662 E184044 Silver Windsor Bicycle E120604997 ABOVE ITEMS LISTED IN JANUARY 2019 PUBLICATION Evidence #Description of Property Serial # E211002 Maroon (Dr. Pepper Sticker) Bicycle BLO6D04660 E159182 Grey/Wht Schwinn Hightimber Bicycle 12M23445 E228500 White Specialized Hotrock ICSP6F05984 E184087 White NEXT Ascent Bike w/Broken Brake Cable LWAF041419 E223010 Small "Lucky" Scooter Unknown E229000 Red/Black Schwinn Bicycle SNLD004L05753 E183664 Black Huffy Granite Unknown E221018 Black K2 Bicycle 98211 E221021 Lime Green/Cream Mountain Bike TBI-2508 ABOVE ITEMS LISTED IN DECEMBER 2019 PUBLICATION Resolution #07-2017 RESOLUTION # 07-2020 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB DECLARING CERTAIN PROPERTY OWNED BY THE CITY OF MOAB AS SURPLUS WHEREAS, Moab City has the right and title to certain property listed below and; WHEREAS, the Governing Body of Moab City declares that at present time, it has no use whatsoever for said property. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF MOAB CITY THAT: 1.The property detailed on the attached list is hereby declared as surplus city property. 2.This resolution shall take affect immediately upon passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council this 28th day of January, 2020. SIGNED: ______________________________ ATTEST:Emily Niehaus, Mayor __________________________________ Sommar Johnson, City Recorder 1 Moab City Council Agenda Item Meeting Date: January 28, 2020 Title: Consideration of Proposed Resolution #05-2020 – Adopting the 2020-2024 Capital Improvement Project List Date Submitted: January 22, 2020 Presenter: Rachel Stenta, Finance Director Attachment(s): 1) Draft Resolution #05-2020 Background/Summary: At the City Council meeting on December 10, 2019, the City Council adopted Resolution #51-2019 – Adopting a Capital Projects Prioritization Matrix for the City of Moab. The Staff Capital Improvements Project (CIP) Committee has met for three sessions to apply the newly adopted matrix to identified Capital Projects and has compiled the attached rated and ranked Capital Improvements Project (CIP) list for Council review and adoption. The horizon of this CIP list is one to four years. Projects were rated beyond that horizon, however staff felt that a four year horizon was the maximum that should be addressed in this year’s process. This list is not inclusive of all identified Capital Projects – it represents those projects identified as critical to complete in the one to four year time frame. The CIP list should be updated and presented to Council annually for adoption which will begin to capture longer horizon projects. Once this initial list is approved by City Council, staff can begin the process of preparing project budgets, identifying funding sources, prioritizing funding needs and then draft and present a Capital Improvements Budget (CIB) and a Capital Improvements Financing Plan to City Council – including a debt service forecast worksheet. Inclusion of any of these projects in the budget will depend on the following: • Availability of grant funding or other non-debt funding sources • Availability of Cash for Pay-as-you-go projects • Assessment of debt capacity for each existing revenue source • Exploration of new revenue sources to expand debt capacity • Ability of staff to manage and complete projects • Council approval of project budgets As previously discussed, prioritization of capital projects is crucial to the financial process of analyzing the annual debt repayment limit of the municipality and other resource constraints. It is recommended that all proposed capital projects be assessed using the Capital Projects Prioritization Matrix accompanied with a supplementary financial analysis to determine the specific impact the project will have on tax revenue allocations, user fees and the municipal tax rate, if applicable. This will assist Council 2 with an understanding of how a specific project ranks in relation to other capital projects and the direct financial impact its implementation will have on residents. Staff requests that the Council evaluate the prioritized project list and formally adopt it, allowing staff to move forward with pursuing funding and financing resources. Thank you for your consideration. Capital Projects Prioritization Matrix Criteria Category Description Possible Score Project Category 5 categories of projects that support different classifications of projects which vary depending on importance and impact to the public 20% Multiple Improvements The project will coordinate upgrades to existing infrastructure 10% Strategic/Sustainability Alignment The project’s alignment with strategic/sustainability goals as set out in a departmental Master or Strategic Plan and/or Sustainability Plan 15% Risk Assessment The extent to which the project will address/mitigate risk to public health and/or occupational health and safety 15% Financing 20% Cost/Benefit (payback) includes legacy costs, operational costs and energy savings costs Project will generate cost savings and/or revenue enhancements that will provide a positive return on investment (ROI) 10% Service Levels Impact on the service levels to the public as a result of the project 10% Total: 100% Resolution #05-2020 Page 1 of 2 RESOLUTION # 05-2020 A RESOLUTION ADOPTING THE 2020-2024 CAPITAL IMPROVEMENT PROJECT LIST WHEREAS, the Prioritization of capital projects for the City of Moab (“City) is crucial for long term capital planning as well as the financial process of analyzing the annual debt repayment limit of the City and other resource constraints; and WHEREAS, the purpose of the Capital Improvements Plan (CIP) is to plan for and prioritize public improvements in the short and long term; and WHEREAS, the Staff Capital Improvements Projects Committee has met and reviewed thoroughly the identified Capital Improvements and has made revisions and prioritized the projects utilizing the adopted Capital Projects Prioritization Matrix; and WHEREAS, the 2020-2024 Capital Improvement Project List identifies specific projects and their estimates for consideration and approval by the Governing Body; and WHEREAS, for purposes of planning and allocating resources the Governing Body should consider and approve the Capital Improvement Project List; and WHEREAS, the Governing Body will be presented with a Capital Improvements Budget (CIB) containing specific budgets for each project for consideration and approval prior to the FYE 2021 budget adoption; and WHEREAS, it is the intent of the Governing Body that funds for projects will require subsequent approval by the Governing Body. NOW, THEREFORE BE IT RESOLVED THAT THE 2018/2019 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: 1. The Governing Body finds that the improvements described are necessary to serve the public interest. 2. The Capital Improvements Project List shall be updated and presented for Governing Body approval annually. 3. All project budgets will require Governing Body approval prior to expenditure of any CIP related funds. 4. The Governing Body approves the attached Capital Improvements Project List. 5. This Resolution shall become effective upon passage and approval by the Governing Body. PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 28th day of January, 2020. Emily S. Niehaus Mayor ATTEST: Sommar Johnson City of Moab Resolution #05-2020 Page 2 of 2 FYE 2021-2024 - Capital Improvements Project List Project Score (100) Cost Estimate Priority 1-2 Years Priority 3-4 Years Kane Creek Road Reconstruction 80 $ 2,132,807.00 $ 2,132,807.00 100 South Green Infrastructure Improvements Project 75 $ 1,900,000.00 $ 1,900,000.00 South Trunk Line Phase 1 72.5 $ 5,000,000.00 $ 5,000,000.00 400 East Construction 71 $ 1,693,118.58 $ 1,693,118.58 Develop Water Source Redundancy 70 $ 2,265,000.00 $ 2,265,000.00 Water Tank 70 $ 3,428,000.00 $ 3,428,000.00 Walnut Lane Storm Water Connection 64.5 $ 900,000.00 $ 900,000.00 Public Works Facility 62.5 $ 9,500,000.00 More than 5 years Ball Fields Redevelopment 59.5 $ 300,000.00 $ 300,000.00 Mill Creek Drive Water Line 58.5 $ 1,700,000.00 $ 1,700,000.00 100 West Construction 58.5 $ 1,247,936.00 $ 1,247,936.00 Old City Park Redevelopment 58 $ 400,000.00 $ 400,000.00 South Trunk Line Phase 2 53.5 $ 6,046,110.00 More than 5 years Mill Creek Stream Bank Stabilization 52.5 $ 350,000.00 $ 350,000.00 Outfall Pipe 48.5 $ 953,442.00 More than 5 years Center Street Gym Replacement 33.5 $ 5,250,000.00 More than 5 years Swanny and Lions Parks Upgrades 33 $ 300,000.00 $ 300,000.00 City Center Renovation 9 $ 2,100,000.00 More than 5 years Totals: $ 45,466,413.58 $ 13,675,807.00 $ 7,941,054.58 Moab City Council Agenda Item Meeting Date: January 28, 2020 Title: Resolution Expressing Opposition to the BLM Oil and Gas Leases Near the Sand Flats Recreation Area and on the City of Moab’s Sole Source Aquifer Date Submitted: January 23, 2020 Staff Presenter: Carly Castle, Assistant City Manager Attachment(s): Proposed Resolution Options: Approve, deny, or modify Recommended Motion: I move to adopt Resolution 06-2020, Expressing Opposition to Bureau of Land Management Oil and Gas Leases Near the Sand Flats Recreation Area and on the City of Moab’s Sole Source Aquifer. Background/Summary: The Bureau of Land Management’s June 2020 statewide oil and gas lease sale has identified for proposed oil and gas leasing preliminary parcels 11 and 12, which are located on Moab’s “sole source aquifer” and are located near the Sand Flats Recreation Area and Slickrock Bike Trail. Attached is a Resolution outlining the City’s concerns and opposition pertaining to the potential oil and gas leasing of parcels 11 and 12, as the lease of the parcels threatens the City’s water supply and tourism economy. Additionally, the Resolution authorizes City staff to submit comments to the BLM regarding the potential oil and gas leasing of the parcels. Attachments: Resolution 06-2020, Expressing Opposition to Bureau of Land Management Oil and Gas Leases Near the Sand Flats Recreation Area and on the City of Moab’s Sole Source Aquifer Parcel map overlaying water resources Parcel map overlaying recreation resources RESOLUTION 06-2020 A RESOLUTION EXPRESSING OPPOSITION TO BUREAU OF LAND MANAGEMENT OIL AND GAS LEASES NEAR THE SAND FLATS RECREATION AREA AND ON THE CITY OF MOAB’S SOLE SOURCE AQUIFER WHEREAS, the U.S. Bureau of Land Management (“BLM”) is evaluating preliminary parcels 11 and 12 near the Sand Flats Recreation Area, Slickrock Bike Trail, and in close proximity to Arches National Park for oil and gas leasing as part of its June 2020 statewide oil and gas lease sale; WHEREAS, municipalities have expressed opposition by Resolution to the leasing of parcels that threaten their water resources and tourism industry, including Toquerville City, the Town of Springdale, and Washington County; WHEREAS, the lease parcels lie within the watershed for Moab and Spanish Valley, and both parcels sit on top of the City of Moab’s “sole source aquifer”; WHEREAS, water is a precious resource in the region and the tourism economy generated by Moab would be irreparably damaged if the City’s water resources are impaired; WHEREAS, the potential impacts of oil and gas development on water sources must be carefully considered regarding possible contamination that may impact the City of Moab’s sole source aquifer and associated water systems; WHEREAS, allowing oil and gas development on the sole source aquifer presents significant risk to the reliability and integrity of the City of Moab’s water supply, and is not the best use of resources in that area; WHEREAS, Sand Flats Recreation Area, the Slickrock Bike Trail, and Arches National Park are internationally recognized showpieces for the City of Moab and for the State of Utah; WHEREAS, the scenic nature of the area surrounding the Sand Flats Recreation Area, Slickrock Bike Trail, and Arches National Park contributes to the beauty, economy, quality of life, and recreational values of the City of Moab; WHEREAS, the City of Moab derives significant amounts of its revenue from visitation in and around the Sand Flats Recreation Area, the Slickrock Bike Trail, and Arches National Park; and WHEREAS, the City of Moab encourages responsible natural resource development and economic development in the region; WHEREAS, it is in the best interest of the residents of the City of Moab for the BLM to make a well-informed and cautious decision regarding whether to allow the leases in the Moab Area; and WHEREAS, it is in the best interest of the residents of the City of Moab for the BLM to identify other locations for oil and gas leases which have considerably less impact and risk to residents, visitors, Moab’s tourism economy, and water resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH, that the City of Moab expresses its disapproval of oil and gas extraction on parcels 11 and 12 near a vitally important recreation area and the City of Moab’s sole source aquifer. BE IT FURTHER RESOLVED that the City of Moab opposes the lease of preliminary parcels 11 and 12, and calls on the BLM to exercise caution and ensure that any oil and gas leases on land in the Moab area be conducted in a way that will not negatively impact tourism, quality of life, or water resources in the area. BE IT FURTHER RESOLVED that City of Moab staff is authorized to file comments with the BLM in accordance with the positions outlined in this Resolution. PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 28th day of January, 2020. SIGNED: ______________________________ ATTEST:Emily S. Niehaus, Mayor __________________________________ Sommar Johnson, City Recorder June 2020 Lease Sale Parcels and Water Resources 44 ° � Miley ^r June 2020 Lease Sale Sole Source Aquifer (SSA) Ca#le Valley Sources: BLM, Utah AGRC, ESR! Public Drinking Water Source Protection Zone June 2020 Lease Sale Parcels and Recreation Resources Arches National Slickrock Trail v 0 _ 1 Miles June 2020 Lease Sale Mil/ reek Sand Flats Recreation Area Q Designated Campsites Millcree Wilderness Study Area Motorized Trail urces: Sand Flats Recreation Area VisitaEGtude, BLM, Utah AGRC, ESRI • Hiking Trail =- � ° Non -Motorized Trail - Spur/Connector Moab City Council Agenda Item Meeting Date: January 28, 2020 Title: Pre -Annexation Agreement — This Pre -Annexation Agreement is proposed among Lions Back Holding, LLC ("Property Owner") and the City of Moab, located at approximately 938 and 940 South Main, Moab, Utah 84532. Presenter: Joel Linares Attachment(s): • Proposed Pre -Annexation Agreement • Map Suggested Motion: "I move to approve the Pre -Annexation Agreement between Lions Back Holding, LLC ("Property Owner") and the City of Moab, located at approximately 938 and 940 South Main, Moab, Utah 84532. Background/Summary: Lions Back Holding is the Owner of approximately 3.12 acres of real property that is currently located in Grand County and in not located in the City at approximately 938 and 940 South Main, Moab, Utah. It is the intent of this Pre -Annexation Agreement to provide a clear understanding of the zoning for the use and future development of the LBH Properties in accordance City of Moab Ordinance #2019-18 and to be in compliance with the provisions of the Moab Municipal Code and other applicable land use regulations (collectively "Land Use Regulations"). I WHEN RECORDED RETURN TO: City of Moab Attn: City Recorder 217 E Center Street Moab, UT 84532 PRE-ANNEXATION AGREEMENT FOR THE LBH PROPERTIES THIS PRE-ANNEXATION AGREEMENT (“Pre-Annexation Agreement”) is entered into this ___ day of November, 2019, by and among LIONS BACK HOLDINGS, LLC (“Property Owner”) and the CITY OF MOAB, a municipality and political subdivision of the State of Utah (the “City”). Property Owner and the City are hereinafter sometimes referred to individually as a “Party” or collectively as the “Parties.” RECITALS A.Property Owner is the Owner of approximately 3.12 acres of real property that is currently located in Grand County and in not located in the City at approximately 938 and 940 South Main, Moab, Utah 84532 as more fully described in Exhibit A which is attached hereto and incorporated by this reference (the “LBH Properties”). B.The LBH Properties current zoning designation in Grand County is “General Business” in the Grand County Land Use Code 2.9.2 and is identified at 4.6.3 as an approved - OAO Districts as a “OAO_Hotel/Motel” on the official Grand County Zoning Map, which makes it clear that a “hotel or motel” is a use that is “permitted by right”. C.The parties have been in discussions regarding the LBH Properties annexing into the City. D.It is the intent of this Pre-Annexation Agreement to provide a clear understanding of the zoning for the use and future development of the LBH Properties in accordance City of Moab Ordinance #2019-18 and to be in compliance with the provisions of the Moab Municipal Code and other applicable land use regulations (collectively “Land Use Regulations”). E.The City, acting pursuant to its authority under Section 10-9a-101, et seq. has made certain determinations with respect to the LBH Properties, and in the exercise of its legislative discretion, has elected to approve this Pre-Annexation Agreement after all necessary public hearings and procedures have been conducted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 2 1.Incorporation of Recitals. The Recitals and Exhibits are hereby incorporated by reference as part of this Pre-Annexation Agreement with annexation into the boundaries of the City within two (2) years of the execution of this agreement. 2.Zoning Upon Annexation. It is agreed that upon the issuance of a Certificate of Annexation by Lieutenant Governor that the LBH Properties will be placed in the “C-4 General Commercial Zone” and for the purposes of the City of Moab Ordinance #2019-18 the LBH Properties shall be meet the definition of “Overnight Accommodations, Established” and shall be recognized that Overnight Accommodations are an existing legal use and shall be identified on the Established Overnight Accommodations Map as such. 3.Section 4 of Ordinance 2019-18 Agreement. 3.1.Goals of the Ordinance. Section 4 of City of Moab Ordinance #2019-18 makes it clear that the City is engaging in drafting and eventually adopting performance standards for new overnight accommodations. Those performance standards are concern desirable density and aesthetic criteria, landscaping, energy efficiency, buffering, the mixing of office, retail, and residential uses, water carrying capacity, existing infrastructure capacity, contribution to cumulative traffic, connectivity/contribution to non-motorized/micro vehicle transportation network, height and viewshed with future overnight accommodations development. 3.2.Project Standards. The parties understand and agree that mutually satisfactory performance standards consistent with the following goals are desirable for the hotel project: Project Standard Category Standard Energy The project will utilize as much on-site renewable energy sources (such as solar) as is feasible, and the balance of electric use provided via RECs or renewable power purchase agreements. The project will employ a hotel-wide energy management system for all guest rooms. The project will utilize high performance exterior envelope methods. The thermal envelope will meet or exceed federally approved energy modeling software standards. Electric motor vehicle charging stations will be made available. The project will employ daylighting for common areas and public spaces. Water The project will install a rainwater catchment system and use the water for beneficial on-site uses, such as reducing the use of culinary water for landscaping irrigation. The project will have a maximum of 10% of their landscaped area covered in turf grass. The project will utilize water-wise and xeriscape landscaping design standards. The project will utilize bio-retention and bio- infiltration systems to manage storm water runoff. The project will utilize dual flush toilets to reduce water usage. Transportation The project will provide bicycle storage and a maintenance area. The project will provide free metro bike usage. A shuttle will be available. 3 Building Design Subject to final approval, the project’s façade facing the roadway will utilize a minimum of 5 ft shift in vertical and horizontal façade for each 30 linear feet. The building design will vary between vertical facade divisions and from adjacent buildings by the type of dominant material or color, scale, or orientation of that material and at least two of the following: (i) the proportion of recesses and projections; (ii) the location of the entrance and window placement, unless storefronts are utilized; and (iii) roof type, plane, or material, unless otherwise agreed by the Parties. Blank wall limitations will be considered for all facades facing the primary street. No rectangular area greater than 30% of a story’s facade, as measured from floor to floor will be windowless, and no horizontal segment of a story’s facade greater than 15 feet in width will be windowless, unless otherwise agreed to by the Parties. Air conditioning units and similar mechanical equipment will be avoided on rooftop locations, and fully screened from view when unavoidable. Materials and Colors Interior materials will not be used if they are found on the RED list (livingfuture.org). As to color, the project will utilize earthtone colors that are complementary to the surrounding landscape and visual backdrops. Plastic or vinyl awnings will not be used. Awning types and colors for each building face will be coordinated. If installed, shutters, whether functional or not, will be sized for the windows. If closed, the shutters will not be too small for complete coverage of the window. Interior Lighting Interior lighting located in rooms with windows visible from any property line boundary shall have their fixtures directed to the interior of the room as to minimize light pollution. Dark Skies Exterior lighting shall be in compliance with the City of Moab Dark Skies requirements as passed in Ordinance 2019-03 on August 13, 2019. Workforce Housing Property owner shall comply with the City of Moab Assured Workforce Housing requirements in Ordinance 2018-20 on November 13, 2018. 4.Vested Rights. 4.1. Vested Rights. Property Owner shall have the vested right to develop the LBH Properties as a hotel project in the “C-4 General Commercial Zone” as an approved “Overnight Accommodations, Established” with the effect of the LBH Properties appearing as though they were included on Exhibit A of City of Moab Ordinance #2019-18 (the Established Overnight Accommodations Map), in accordance with and subject to compliance with the terms and conditions of the City’s Land Use Regulations then in effect. 4.2.Reserved Legislative Powers. The Parties acknowledge that the City is restricted in its authority to limit its police power by contract and that the limitations, 4 reservations and exceptions set forth herein are intended to reserve to the City those police powers that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under the police powers, such legislation shall only be applied to modify the vested rights of the Property Owner under the terms of this Pre-Annexation Agreement based upon the policies, facts and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine in the State of Utah. Any such proposed legislative changes affecting the vested rights of the Property Owner under this Pre-Annexation Agreement shall be of general application to all development activity in the City; and, unless the City declares an emergency, Property Owner shall be entitled to prior written notice and an opportunity to be heard with respect to any proposed change and its applicability to the LBH Properties under the compelling, countervailing public interest exception to the vested rights doctrine. 5.Successors and Assigns. 5.1.Binding Effect. This Pre-Annexation Agreement shall be binding upon all successors and assigns of Property Owner in the ownership or development of any portion of the LBH Properties. 5.2.Assignment. Neither this Pre-Annexation Agreement nor any of its provisions, terms or conditions may be assigned to any other party, individual or entity without assigning the rights as well as the responsibilities under this Pre-Annexation Agreement and without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. Any such request for assignment may be made by letter addressed to the City as provided herein and the prior written consent of the City may also be evidenced by letter from the City to Property Owner or their successors or assigns. Any such assignment shall require the assignee to sign a form of acknowledgement and consent agreeing to be bound by the terms of this Pre-Annexation Agreement. 6.Default. 6.1.Notice. If Property Owner or the City fail to perform their respective obligations hereunder or to comply with the terms hereof, the party believing that a default has occurred shall provide notice to the other party as provided herein. If the City believes that the default has been committed by Property Owner, then the City shall also provide a courtesy copy of the notice to Property Owner. 6.2.Contents of the Notice of Default. The Notice of Default shall: 6.2.1.Claim of Default. Specify the claimed event of default; 6.2.2.Identification of Provisions. Identify with particularity the provisions of any applicable law, rule, regulation or provision of this Agreement that is claimed to be in default; 6.2.3.Specify OMateriality. Identify why the default is claimed to be material. 5 6.3.Meet and Confer. Upon the issuance of a Notice of Default, the Parties shall meet within ten (10) business days and confer in an attempt to resolve the issues that are the subject matter of the Notice of Default. 6.4.Remedies. If, after meeting and conferring, the Parties are not able to resolve the default, then the Parties may have the following remedies: 6.4.1.Legal Remedies. The rights and remedies available at law and in equity, including, but not limited to injunctive relief, specific performance and termination, but not including damages or attorney’s fees. 6.4.2.Enforcement of Security. The right to draw on any security posted or provided in connection with the development of the LBH Properties and relating to remedying of the particular default. 6.4.3.Withholding Further Development Approvals. The right to withhold all further reviews, approvals, licenses, building permits and/or other permits for development of the LBH Properties on those properties owned by the defaulting party. 6.5.Extended Cure Period. If any default cannot be reasonably cured within sixty (60) days then such cure period may be extended as needed, by agreement of the Parties for good cause shown, so long as the defaulting party is pursuing a cure with reasonable diligence. 6.6.Cumulative Rights. The rights and remedies set forth herein shall be cumulative. 6.7.Force Majeure. All time period imposed or permitted pursuant to this Agreement shall automatically be extended and tolled for: (a) period of any and all moratoria imposed by the City or other governmental authorities in any respect that materially affects the development of the LBH Properties; or (b) by events reasonably beyond the control of Property Owner including, without limitation, inclement weather, war, strikes, unavailability of materials at commercially reasonable prices, and acts of God, but which does not include financial condition of the Property Owner or their successors. 7.Notices. Any notices, requests and demands required or desired to be given hereunder shall be in writing and shall be served personally upon the Party for whom intended or if mailed be by certified mail, return receipt requested, postage prepaid to such Party at its address shown below: Lions Back Holdings, LLC c/o Paul W. Jones, Esq. 4766 S. Holladay Blvd Salt Lake City, Utah 84117 6 City of Moab Attn: City Recorder 217 E Center Street Moab, UT 84532 Any Party may change its address or notice by giving written notice to the other Parties in accordance with the provisions of this Section. GENERAL TERMS AND CONDITIONS 1.Agreement to Run with the Land. This Pre-Annexation Agreement shall be recorded in the Office of the Grand City Recorder against the LBH Properties and is intended to and shall be deemed to run with the land and shall be binding on all successors in the Ownership and development of any portion of the LBH Properties. 2.Entire Agreement. This Pre-Annexation Agreement, together with the Exhibits hereto, integrates and constitutes all of the terms and conditions pertaining to the subject matter hereof and supersedes all prior negotiations, representations, promises, inducements, or previous agreements between the Parties hereto with respect to the subject matter hereof. Any amendments hereto must be in writing and signed by the respective Parties hereto. 3.Headings. The headings contained in this Agreement are intended for convenience only and are in no way to be used to construe or limit the text herein. 4.Non-Liability of City Officials or Employees. No officer, representative, agent, or employee of the City shall be personally liable to Property Owner, or any successor-in-interest or assignee of Property Owner, in the event of any default or breach by the City or for any amount which may become due to Property Owner, or its successors or assignees, for any obligation arising out of the terms of this Pre-Annexation Agreement. 5.No Third-Party Rights. The obligations of the Parties set forth in this Pre-Annexation Agreement shall not create any rights in or obligations to any persons or parties other than to the City and the Property Owner. The City and Property Owner alone shall be entitled to enforce or waive any provisions of this Pre-Annexation Agreement to the extent that such provisions are for their benefit. 6.Severability. Should any portion of this Pre-Annexation Agreement for any reason be declared invalid or unenforceable, the invalidity or unenforceability of such portion shall not affect the validity of any of the remaining portions, and the same shall be deemed in full force and effect as if this Pre-Annexation Agreement had been executed with the invalid portions eliminated. 7.Waiver. No waiver of any of the provisions of this Pre-Annexation Agreement shall operate as a waiver of any other provision regardless of any similarity that may exist between such provisions, nor shall a waiver in one instance operate as a waiver in any future event. No waiver shall be binding unless executed in writing by the waiving Party. 7 8.Survival. All agreements, covenants, representations, and warranties contained herein shall survive the execution of this Pre-Annexation Agreement and shall continue in full force and effect throughout the term of this Pre-Annexation Agreement. 9.Public Information. The Parties understand and agree that all documents related to this Pre-Annexation Agreement will be public documents, as provided in UTAH CODE ANN . § 63G-2- 101, et seq. 10.Governing Law. This Pre-Annexation Agreement and the performance hereunder shall be governed by the laws of the State of Utah. 11.Counterparts. This Agreement may be executed in multiple counter-parts which shall constitute one and the same document. (Signatures begin on following page) 8 IN WITNESS WHEREOF, this Agreement has been executed by Grand City, State of Utah, pursuant to Moab City Municipal Code 17.72.100, authorizing such execution, and by a duly authorized representative of Property Owner as of the above-stated date. CITY OF MOAB, a Utah Municipality and political subdivision of the State of Utah. By: Emily Niehaus, Mayor and Chair, City Council ATTEST: ____________________________ Sommar Johnson, City Clerk/Recorder APPROVED AS TO FORM ___________________________________ Laurie Simonson, City Attorney 9 LIONS BACK HOLDINGS, LLC By: Jeremy C. Pope, its Manager STATE OF UTAH ) :ss. CITY OF SALT LAKE ) On the day of November, 2019, personally appeared before me Jeremy C. Pope, who being duly sworn, did say that he is the Manager of Lions Back Holdings, LLC, and that the foregoing instrument was signed in behalf of said limited liability company and said Jeremy C. Pope duly acknowledged to me that he executed the same for the purposes therein stated. ______________________________ NOTARY PUBLIC I - • ./..k I 1, •.1? y 100 , . • . I . , • . , .:0 b • ' • i..._.. I' Ill/ P( . .. 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