HomeMy Public PortalAboutPKT-CC-2020-02-25FEBRUARY 25, 2020
EXECUTIVE (CLOSED) SESSION 6:00 P.M.
REGULAR CITY COUNCIL MEETING 7:00 P.M.
City Council Chambers
217 East Center Street
Moab, Utah 84532
Executive (Closed) Session - 6:00 p.m.
Strategy Session to Discuss Reasonably Imminent and/or Pending Litigation
Regular City Council Meeting - 7:00 p.m.
Call to Order and Pledge of Allegiance
Approval of Minutes
Minutes: January 28, 2020 Regular City Council Meeting
min -cc -2020 -01 -28 draft.pdf
Mayor and Council Reports
Administrative Reports
Citizens to Be Heard
Public Hearing (Approximately 7:30 p.m.)
Public Hearing - Proposed Resolution #11 -2020 - A Resolution Amending the
Fiscal Year 2019/2020 Budget
Public Hearing
agenda summary sheet - resolution 11 -2020 budget
amendment.pdf
11 -2020 budget opening resolution.pdf
Old Business
Update and Discussion of Hot Spot Funding and Additional Transportation
Projects
Discussion item
transportation projects overview agenda summary.pdf
north main street business parking lot development - emma
blvd dispersed parking exhibit with maxine parking.pdf
north main street business parking lot development - emma
blvd without maxine.pdf
100 south and main street west parking lot redevelopment.pdf
lot between center street and 100 north -behind post office.pdf
res -cc -2004 -19 ut desert invest agrmt.pdf
res -cc -2004 -20 ut desert invest agrmt amendment.pdf
New Business
Cancelling Design and Construction of the Downtown Parking Structure
(Sponsors: Councilmember Guzman -Newton and Councilmember Duncan)
agenda summary, cancellation of downtown parking
structure.pdf
Proposed Ordinance 2020 -03: An Ordinance Amending the City of Moab
Municipal Code Section 17.69.050(E) to Allow the City Council to Consider
Smaller Unit Sizes for Workforce Housing Units that are Built On Site at the Time
of Project Construction
Briefing and possible action
agenda summary ordinance 2020 -03.pdf
proposed ordinance 2020-03.pdf
Approval of Change Orders for and Briefing on Mill Creek Drive West Extension
Project Construction
Briefing and possible action
approval of change orders for and briefing on mill creek drive
west extension project construction agenda summary.pdf
attachment 1 - harrison oilfield services change orders nos. 1
through 4.pdf
attachment 2 - civil science infrastructure change order no.
1.pdf
attachment 3 - mill creek drive west extension project
construction improvements cost summary.pdf
Annexation Petition from Sponsor Paul W. Jones for Lions Back Holdings, LLC,
for 3.12 Acres located at Approximately 938 and 940 South Main
Briefing and possible action
l Acceptance of Petition to Proceed with Certification Process
agenda summary lions back holdings llc annexation.pdf
lions back holdings annexation petition.pdf
annexation checklist.pdf
lions back holdings llc annexation flow chart.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
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FEBRUARY 25, 2020EXECUTIVE (CLOSED) SESSION 6:00 P.M.REGULAR CITY COUNCIL MEETING 7:00 P.M.City Council Chambers 217 East Center Street Moab, Utah 84532Executive (Closed) Session - 6:00 p.m.Strategy Session to Discuss Reasonably Imminent and/or Pending LitigationRegular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceApproval of MinutesMinutes: January 28, 2020 Regular City Council Meetingmin-cc -2020 -01 -28 draft.pdfMayor and Council ReportsAdministrative ReportsCitizens to Be HeardPublic Hearing (Approximately 7:30 p.m.)Public Hearing - Proposed Resolution #11 -2020 - A Resolution Amending the Fiscal Year 2019/2020 BudgetPublic Hearing agenda summary sheet - resolution 11 -2020 budget amendment.pdf11-2020 budget opening resolution.pdfOld Business
Update and Discussion of Hot Spot Funding and Additional Transportation
Projects
Discussion item
transportation projects overview agenda summary.pdf
north main street business parking lot development - emma
blvd dispersed parking exhibit with maxine parking.pdf
north main street business parking lot development - emma
blvd without maxine.pdf
100 south and main street west parking lot redevelopment.pdf
lot between center street and 100 north -behind post office.pdf
res -cc -2004 -19 ut desert invest agrmt.pdf
res -cc -2004 -20 ut desert invest agrmt amendment.pdf
New Business
Cancelling Design and Construction of the Downtown Parking Structure
(Sponsors: Councilmember Guzman -Newton and Councilmember Duncan)
agenda summary, cancellation of downtown parking
structure.pdf
Proposed Ordinance 2020 -03: An Ordinance Amending the City of Moab
Municipal Code Section 17.69.050(E) to Allow the City Council to Consider
Smaller Unit Sizes for Workforce Housing Units that are Built On Site at the Time
of Project Construction
Briefing and possible action
agenda summary ordinance 2020 -03.pdf
proposed ordinance 2020-03.pdf
Approval of Change Orders for and Briefing on Mill Creek Drive West Extension
Project Construction
Briefing and possible action
approval of change orders for and briefing on mill creek drive
west extension project construction agenda summary.pdf
attachment 1 - harrison oilfield services change orders nos. 1
through 4.pdf
attachment 2 - civil science infrastructure change order no.
1.pdf
attachment 3 - mill creek drive west extension project
construction improvements cost summary.pdf
Annexation Petition from Sponsor Paul W. Jones for Lions Back Holdings, LLC,
for 3.12 Acres located at Approximately 938 and 940 South Main
Briefing and possible action
l Acceptance of Petition to Proceed with Certification Process
agenda summary lions back holdings llc annexation.pdf
lions back holdings annexation petition.pdf
annexation checklist.pdf
lions back holdings llc annexation flow chart.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
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FEBRUARY 25, 2020EXECUTIVE (CLOSED) SESSION 6:00 P.M.REGULAR CITY COUNCIL MEETING 7:00 P.M.City Council Chambers 217 East Center Street Moab, Utah 84532Executive (Closed) Session - 6:00 p.m.Strategy Session to Discuss Reasonably Imminent and/or Pending LitigationRegular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceApproval of MinutesMinutes: January 28, 2020 Regular City Council Meetingmin-cc -2020 -01 -28 draft.pdfMayor and Council ReportsAdministrative ReportsCitizens to Be HeardPublic Hearing (Approximately 7:30 p.m.)Public Hearing - Proposed Resolution #11 -2020 - A Resolution Amending the Fiscal Year 2019/2020 BudgetPublic Hearing agenda summary sheet - resolution 11 -2020 budget amendment.pdf11-2020 budget opening resolution.pdfOld BusinessUpdate and Discussion of Hot Spot Funding and Additional Transportation ProjectsDiscussion item transportation projects overview agenda summary.pdfnorth main street business parking lot development - emma blvd dispersed parking exhibit with maxine parking.pdfnorth main street business parking lot development - emma blvd without maxine.pdf100 south and main street west parking lot redevelopment.pdflot between center street and 100 north -behind post office.pdfres-cc -2004 -19 ut desert invest agrmt.pdfres-cc -2004 -20 ut desert invest agrmt amendment.pdfNew BusinessCancelling Design and Construction of the Downtown Parking Structure (Sponsors: Councilmember Guzman -Newton and Councilmember Duncan)agenda summary, cancellation of downtown parking structure.pdfProposed Ordinance 2020 -03: An Ordinance Amending the City of Moab Municipal Code Section 17.69.050(E) to Allow the City Council to Consider Smaller Unit Sizes for Workforce Housing Units that are Built On Site at the Time of Project ConstructionBriefing and possible actionagenda summary ordinance 2020 -03.pdfproposed ordinance 2020-03.pdfApproval of Change Orders for and Briefing on Mill Creek Drive West Extension Project ConstructionBriefing and possible actionapproval of change orders for and briefing on mill creek drive west extension project construction agenda summary.pdfattachment 1 - harrison oilfield services change orders nos. 1 through 4.pdfattachment 2 - civil science infrastructure change order no. 1.pdfattachment 3 - mill creek drive west extension project construction improvements cost summary.pdfAnnexation Petition from Sponsor Paul W. Jones for Lions Back Holdings, LLC, for 3.12 Acres located at Approximately 938 and 940 South MainBriefing and possible actionlAcceptance of Petition to Proceed with Certification Processagenda summary lions back holdings llc annexation.pdf
lions back holdings annexation petition.pdf
annexation checklist.pdf
lions back holdings llc annexation flow chart.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
1.1.1.2.3.4.4.1.Documents:5.6.7.8.8.1.Documents:9.9.1.Documents:10.10.1.Documents:10.2.Documents:10.3.Documents:10.4.Documents:
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Page 1 of 9
January 28, 2020
MOAB CITY COUNCIL MINUTES--DRAFT
REGULAR CITY COUNCIL MEETING
January 28, 2020
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. An audio recording of the evening meeting is archived at:
https://www.utah.gov/pmn/index.html and a video recording is archived at:
https://www.youtube.com/watch?v=ZoiU6fElCeA.
Regular Meeting—Call to Order and Attendance:
Mayor Niehaus called the meeting to order at 7:00 PM and led the Pledge of Allegiance. In attendance
were Councilmembers Karen Guzman-Newton, Mike Duncan, Rani Derasary and Tawny Knuteson-
Boyd. Councilmember Kalen Jones was absent. Staff in attendance were City Manager Joel Linares,
Assistant City Manager Carly Castle, City Attorney Laurie Simonson, City Finance Director Rachel
Stenta, City Planner Nora Shepard, Assistant City Planner Cory Shurtleff, City Communications and
Engagement Manager Lisa Church, City Engineer Chuck Williams, City Police Evidence Custodian
Cindy Montague, City Arts and Special Events Manager Liz Holland, City Recorder Sommar Johnson
and Deputy Recorder Joey Allred. Eleven members of the public and media were present.
Mayor and Council Reports:
Mayor Niehaus attended the Water Quality Board meeting. The Board is looking to support water
positive agricultural practices. The greywater rule is still out for public comment and will be coming
back to the Board for final rule in March. The state has put forth a bill on water banking at this
legislative session and it is legislation that should be easy to implement in Moab. She attended a
Southeastern Utah Association of Local Governments (SEUALG) meeting and wanted to remind the
Council and the community that there is money to borrow to start and/or run a small business through
the revolving loan fund. The San Juan Health Services District filed a CIB application for a Spanish
Valley health clinic and it has been reviewed by SEUALG and she brought the fact that they had not
spoken to either the hospital or Canyonlands Health Care Special Service District (CHCSSD) to the
board’s attention. She and the CHCSSD have written letters of concern to the CIB regarding the
application and the hospital is challenging it. It prompted her and others to realize that they need a
regional plan. She also attended a UDOT meeting about the passenger rail study that was funded. She
met with the Helper City Mayor and a Price City Councilmember and they discussed the implications of
a passenger rail that would go from Moab to Salt Lake City and the possibility of partnering. She met
with Kent Green and a group of people interested in talking about UTV noise in Utah including Grand
County Council Chair Mary McGann, the leader of UTV Utah Bud Bruening, Ben Burr of the
BlueRibbon Coalition, Ride With Respect Clif Koontz, Scott McFarland and Moab City Police Sergeant
Jason Boots and they talked about UTV noise. They also talked about having a more coordinated effort
regarding where the machines are going in order to address things like crosswalks and speed limits and
make sure that the City is doing what they can through infrastructure to create safer passage through
town. The outfitters that were there mapped the routes that they use to better plan routes. They also
talked about the possibility of a suggested curfew to match the one that is in Sand Flats and encourage
people not to drive their OHV’s around town at night. The meeting concluded with them saying they
were all on the same team and they all want to do something about the noise. They plan to approach
manufactures as a team about changing the way that they are manufacturing the machines. She also
attended the Millcreek collaborative meeting.
Councilmember Derasary attended a System of Care (SOC) Regional Advisory Council meeting and they
are applying for a grant for multiple years to allow them to expand stabilization and mobile response
Page 2 of 9
January 28, 2019
capacity in the community. They are working with the Grand County Council to get a letter of support
written for that grant. She attended the Southeast Utah Riparian Partnership meeting. The group is
doing some great work collectively and she was able to look at a chart that showed different restoration
efforts in the community. She attended the quarterly Moab Tailings Project Steering Committee
meeting. To date, 64% of the pile has been moved and their grant was approved. They were awarded
$45,000,000 for the last cycle and they will be asking for at least that much again, so County Council
Chair Mary McGann, Committee member Joette Langianese and herself will be going to Washington,
DC from February 24 – 28, 2020 to request more funding. She reminded Council that they can tour the
UMTRA site any time. She asked Council if it would be helpful to have UMTRA do a presentation once a
year. She said there are 16 members in the Steering Committee, and they have updated the bylaws and
added some representatives that seemed to be missing from the committee. She told Council that the
Committee had a citizen to be heard that showed a video of dust blowing off the pile during
Thanksgiving and reminded people that if they have concerns about the pile, they can call the On-Site
manager phone number to report problems 970-361-8335.
Councilmember Duncan reported that the reason the creek runs dry at times in the summer is due to
people using irrigation not sticking to a schedule and watering heavily in the daytime. He spoke of
future long-term growth. Southeast Utah Division of Water Rights Regional Engineer Marc Stilson
presented some history on the aquifer showing how water levels dropped in the 1970’s and came up in
the early 1980’s, but the wells have been steadily declining ever since. A community can’t withdraw
more water than is recharged by state law. Hydrologist Phil Garner has done some further work with
stable isotope tracers. He has broken the Glen Canyon Aquifer into two groups, and he says that the
community is presently withdrawing what the state considers a safe yield from the lower group.
Councilmember Knuteson-Boyd reported that she did not attend the Museum meeting, but the
installation of the new exhibits should have begun on the 14th or 15th, but is, in part, contingent upon the
weather as they are being transported from California. The Paleontological laboratory is going to be
moved out to Moab Giants and in order to do that, the museum had to enter a Memorandum of
Understanding with Moab Giants who had to certify that they would take care of those items, that they
would store them properly and take care of the materials. The museum received the $94,380.00 that
they had asked for in addition to the $5,000.00 internal allocation from the County for the utilities of
the building. The Natural History Museum of Utah, in order to commemorate its 50th anniversary, is
going to be placing markers in each county. She indicated that in conjunction with the Travel Council,
they chose the sidewalk in front of the museum in part because the new exhibits at the museum will
depict the history of this area from the beginning of time and not just since Moab was incorporated. She
also attended the meeting with the tour operators and the Travel Council, and it was a productive
dialogue. She talked about what was said on social media regarding the OHV issue and she found some
of what was said about Council to be a bit of a mischaracterization. She understood that it came from
people’s hearts and their passions and thought that Council needs to be a bit more cognizant about the
words that they say and how they represent themselves so that they aren’t mischaracterizing another
group in a bad way. It was a good meeting overall and they opened a lot of lines of communication.
Councilmember Guzman-Newton participated with the Mayor and the Chamber of Commerce Director
and President for the organization of the 4th of July celebration. She said they are trying to figure out if
they can get funding for a band again or if they will use a local band and they are trying to get a sponsor
for the City’s portion of the fireworks to free up some money for a band. She attended the Chamber of
Commerce luncheon at Springhill Suites and the guest speaker was Deanne Zebelean of the US Census
Bureau who spoke to businesses on how to get their employees to fill out the census and reached out to
the outdoor outfitters to figure out a better way to get employees counted. She mentioned that the
Business Summit is to be held at the Hoodoo on the 10th of February from 8:00 AM to 4:00 PM and
Page 3 of 9
January 28, 2020
they have a good lineup of speakers. She attended an organizational meeting with Deanne from the US
Census Bureau and Cari Valdez from the Grand County Library as they are trying to figure out how they
are going to spend the $25,000 grant and that money will need to be allocated through the library for
Census Outreach
Administrative Reports:
Linares reported that the Appellate Court ruled on the Lionsback lawsuit and a copy of Chris McAnany’s
responses had been sent to Council and the media stating that they received the ruling, they are
reviewing it and will then meet with their other counsel. He also made a statement that he was upset
that the court would step in and overrule municipal authority when they are trying to legislate difficult
land use issues between multiple parties with multiple issues. The Community Rebuilds rezone will be
on the next agenda. Staff is working hard to process it and determine school definitions and some other
things Council had asked them to investigate. Staff is also continuing to work on overnight
accommodations, and they will go back to the Planning Commission on February 13th. The Strategic
Planning date has been set for March 6th. The State Legislative Session started January 13th. The ERA
Resolution, back-in angle parking and the RAP tax will be on the next agenda.
Mayor Niehaus said that County Council Chair Mary McGann is hoping to have a joint meeting to sign
the ERA resolution.
Finance Director Stenta updated Council on the budget. She indicated the sales tax-based revenue was
budgeted for a 7% increase and, as of January, they are coming in at a 9% increase, but it will still
require them to pull 1.2 million from the reserves. She is hoping that the rest of the year will stay on that
trend. She displayed the last three years of Transient Room Tax (TRT) that showed that TRT goes down
in January, but this year is slightly up over previous years. The good news was that the overall tax is up.
Departments have started preparing their budgets so that they can be presented to Council on March
25th and then 3 Council budget workshops in April. One meeting per week in April preferably on
Friday’s at 9:00 AM. Possible meeting dates were April 3rd, 10th and 17th.
City Engineer Williams reported that the Parking Structure Design Advisory Committee has met twice
and there was a public open house. They conducted an internet survey where they received about 120
responses. The next open house is scheduled for February 20th. The design project to date has expended
approximately $200,000 of the UDOT Hot Spot funds. The design will be completed in the fall of 2020
and construction completed the fall of 2021. It will be a four-story building with the highest parapet
right at 42 feet. The Dispersed Parking Project is also being funded with UDOT Hot Spot funding.
UDOT has led this effort with extensive City coordination. Unlike the parking structure where they
turned the project over to the City, UDOT is maintaining control of this project, but City staff is working
closely with them. This effort has been focused on the north end of town to replace some of the parking
spaces that will be lost with the highway widening project. Four churches and three private properties
have been approached with a negotiated 20-year lease agreement. Three separate churches took the
easement to their congregation and it was defeated each time. They contacted private owners in that
area who were not interested in that type of use of their property. Williams said that they are pursuing a
couple of more options and will report back to Council. Williams was asked if they had any contact with
the property owners on the East side of the highway widening regarding parking. Williams said that
they had talked to some of the large property owners and they were not interested, but they didn’t go to
each and every one. The Downtown Intersection Safety Improvements Project should be completed this
week. Improvements are planned for 6 locations where contractors will add mast or post mounted
traffic signal stacks to the curbside of intersections. These are intended to increase signal visibility in
order to decrease the running of red lights. They are also installing “YIELD TO PEDESTRIANS WHEN
TURNING LEFT” signs on the masts to reduce pedestrian in a crosswalk and left turn vehicle conflicts.
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January 28, 2019
This project should be completed this week, and this is also a UDOT project per the City’s request. The
US-191 Widening Project start date has been pushed back as the lowest bid came in at more than 10%
higher than UDOT’s Engineer’s estimate. Williams stated under UDOT’s procurement policy, they had
to go back to the Transportation Commission to see if the Commission would approve additional funds
for the project. UDOT received that approval last Friday. The tentative schedule is that the construction
contract should be awarded mid-February. UDOT will publish the Contractor’s proposed schedule, with
construction likely not starting earlier than March 9th. After the contract is awarded there will be weekly
or biweekly meetings which staff will attend with the contractors and UDOT on the progress and any
issues with the project. UDOT’s Public Information firm will reach out to the City and residents affected
by the project to keep them informed of the schedule and activities. Communications and Engagement
Manager Church has impressed upon them the importance of providing the City with information as
early as possible as they have run into some issues with that in the past. All of the information that the
City received up to this point has been put out on social media and the City’s website. She also has a list
of the affected business owners and will start pushing information out to them directly when staff
receives more firm information of the construction schedule along with any other public information.
City staff will advise Council and the public of progress through both e-mail and outreach as
coordinated by the Communications Manager’s Office. Church assumes that UDOT will be doing press
releases as it is their project and not her place to do press releases for their projects. She will share
whatever information she receives as soon as she has it. Councilmember Guzman-Newton asked
Church if she could relay to UDOT that any information provided to the business owners is better than
no information and that their website hasn’t been updated. There was extensive discussion regarding
the delay and how it will affect the businesses in that area, the frustration of those business owners due
to the lack of information and how to get the most up to date information to them from UDOT in a
timely manner.
Citizens to Be Heard:
Joe Dougherty introduced himself as the Public Information Officer of the State Division of Emergency
Management and he wanted to announce an Emergency Management training at the Grand County
Emergency Medical Services building on 100 North that he was going to be conducting in Moab
tomorrow and Thursday from 8:00 AM to 5:00 PM each day. The training is to help build a strong
network of public information, not only for Moab City, but the greater Grand County area. Participants
will receive training on press releases, social media, crisis communication, strategic communications
planning and run through some mock press conferences. The training is free and is provided by the
state through their Emergency Management Agency.
Zacharia Levine was there to inform Council and bring their attention to four separate events. There
will be a Canyonlands Business Summit on February 10th at the Hoodoo Moab with Lieutenant
Governor Spencer Cox as the featured speaker. The welcome address will be provided by Congressman
John Curtis. There will also be a soft launch of a new network referred to as GAIN (Grand Area
Innovation Network) that evening at 98 Center from 5:00 PM to 7:00 PM where light refreshments and
drinks will be provided. GAIN was created in order to compliment some of the business networking
activities provided by the Chamber of Commerce and they are trying to facilitate and support the
development of an entrepreneurial ecosystem in Moab. On February 11th there will be an opportunity to
meet with preeminent scholar and Jackson, Wyoming Town Councilmember Jonathan Schechter who
will be presenting on the issues of governance in gateway and resort communities. He is the founder of
the Charture Institute which is essentially a think-tank on critical issues and other communities like
Moab in the West. He will be a panelist on the “What We Wish We Knew” panel at the Business Summit
on February 10th, and he will attend the GAIN event that evening as well as this session on February 11th
from 10:00 AM to 12:00 PM for local officials to get into some of the big questions that they face as local
Page 5 of 9
January 28, 2020
governments. He will send out a final confirmation next week. The Moab Area Housing Task Force
invited Council to attend the VAIL InDEED presentation on January 30th from 12:30 PM to 5:30 PM at
the Grand County Library. Vail InDEED is a voluntary program created by the Town of Vail to provide
property owners a cash incentive in exchange for deed restricting residential property for the local
workforce. There will be both a daytime and an evening session
Michael Liss talked about the Downtown Parking Structure. He said that the parking structure is not
solving an issue that the City has and questioned why they are “letting this continue and spending all
this money because, on a gut level, it’s going to be the ugliest building in town. He said that the cars and
trucks are going to be higher than the planned 42 feet for the structure. He said that people won’t come
to a small town to park in a parking structure. He said that it feels like Council does not feel empowered
to take control of the process. He said that $8,000,000 was the largest project in town right now and
UDOT gave them the money to solve a parking problem, but it would not solve the parking problem
because the average use of the current parking lot is 42% and the high is 62%. He talked about the
parking study that the City had done as a good first step. However, he thought that they either didn’t
read it or didn’t care what it said. He brought up the rail study came from the Transit Committee who
generated a wish list for the UDOT Hot Spot funding, and he was upset that “a wish list in now a four-
story parking structure going up with zero research.” Mayor Niehaus told him that three minutes are
allotted for each citizen to be heard and he had exceeded that, but she allowed him a short time to finish
what he wanted to say and encouraged him to get to the newspaper that he had brought to share with
the Council. He said that the land values of this town do not support a parking structure and proceeded
to explain the parking plan that he had designed and presented at some point in the past. He said that
his plan would put parking on two separate blocks for less money than a parking structure. He believed
that the City Engineer will end up going back before Council to tell them that the project is going to cost
more than originally believed. Mayor Niehaus informed Liss that he was one minute over his allotted
time. Liss then presented a Times Independent newspaper from 1924 and explained how and why the
City Ball Park was purchased and encouraged Council to read the article. They said that the City now
has the money to buy land. Mayor Niehaus noted that he had gone over the time limit by 1 1/2 minutes
and told him that he could continue to submit comments to Council the way that he has been.
Curtis Wells spoke as both a citizen and a County Councilmember. He spoke of the senate bill that
passed the appropriation for $1,000,000,000.00, $100,000,000.00 of that was earmarked for
recreation, tourism and infrastructure. He explained how UDOT put together the Recreation Hotspot
funding that cities and towns could apply for. Wells worked hard to get some of that funding in an
attempt to get a bypass. UDOT hired a consultant to work on the matter. When the local committee had
strong support for a bypass that finished at number one on their list of possible projects. They also
wanted to get a project that would complement a bypass with the goal being that the City needs to own
Main Street. With Main Street also being Highway 191 it’s like having I-70 through the middle of town
and they need to reduce the volume of traffic on Main Street. He said that the majority of the
community would like to see a better situation on Main Street and for it to be more user-friendly and
business friendly. He spoke of commercial freight that travels down Main Street and there was a plan to
beautify Main Street. He thought that the City’s parking study must either show that the City doesn’t
have a parking problem or a primary need to have a parking structure. He talked about how UDOT had
told them that the City and County Councils needed to get on the same page regarding a bypass. He said
that he thought the City was thinking that they were “too far down the road, UDOT’s going to get upset
if we decide to, you know, rearrange our list. I don’t agree with that.” He also said, “I’m not immediately
familiar with where the City is at in the process, but we developed a list of projects that benefit the
community tremendously and there is merit to rearranging that.” He said that he wasn’t there to “trash
the parking garage,” but he thought it was important to get that money where it needs to go. He would
like to see the City and the County get back on board with the bypass. He would like to see the City and
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January 28, 2019
County Councils get together to discuss the matter.
There was one other Citizen to be heard that did not wish to speak but submitted a written comment
that he was in support of a Spanish Valley Medical Clinic.
Old Business
Review of Council Member Community Organization Liaison and Board Assignments:
Discussion: There was discussion of how to best engage in effective communication with and provide
representation to various community boards and organization and that an alternate is not required to
be listed. Appointments were as follows: Mayor Niehaus to the Southeastern Utah Association of Local
Governments, Utah League of Cities and Towns, Utah Water Quality Board, Governor’s Rural
Partnership Board, Mill Creek Community Collaborative and as an alternate to the Grand Homeless
Coordinating Committee, USU Dean’s Council, Grand County School District Board of Education
Liaison and the Key Leader Board; Councilmember Guzman-Newton to the Grand County Airport
Board, Moab Chamber of Commerce Board, County School District Board of Education Liaison, as an
alternate on the Moab Area Travel Council Advisory Board the Transit Authority and the Mill Creek
Collaborative and as a rotating member of CAST; Councilmember Jones to the Grand County Solid
Waste Special Service District, Moab Area Travel Council and Moab Area Housing Task Force and as an
alternate on the Moab Area Watershed Partnership and the Transit Authority; Councilmember Duncan
to the Grand Water and Sewer Service Agency, Moab Area Watershed Partnership, Grand County
Homeless Coordinating Committee, Moab City Water Conservation and Drought Management Advisory
Board, USU Dean’s Council and as an alternate on the Utah Water Quality Board; Councilmember
Knuteson-Boyd to the Canyonlands Health Care Special Service District, Museum of Moab and the
Housing Authority of Southeastern Utah; Councilmember Derasary to the ULCT Legislative Policy
Committee, Grand County Emergency Medical Services Special Service District, Moab Tailings Project
Steering Committee, UMTRA Funding Subcommittee, System of Care Regional Advisory Committee,
South East Utah Riparian Partnership and as an alternative to the Canyonlands Health Care Special
Service District and Moab Area Housing Task Force.
Staff appointments were as follows: City Manager Linares to the ULCT Legislative Policy Committee
and as an alternate to the Southeastern Utah Association of Local Governments and the Utah League of
Cities and Towns Board; Assistant City Manager Castle to the ULCT Legislative Policy Committee; City
Sports Director Trim to the Grand County Recreation Special Service District; City Facilities
Superintendent Gholson to the Moab Mosquito Abatement District; City Assistant Planner Shurtleff to
the Trail Mix Committee; and City Police Chief Edge to the Key Leader Board.
Linares will create two lists. One list will have the boards and committees that have formal
appointments by the City and/or County and the other will be a master list of all of the boards and
committees that the Councilmembers serve on.
Motion and vote: Councilmember Duncan moved to adopt the list of appointees to various boards as
has been described. Councilmember Guzman-Newton seconded the motion. The motion passed 4-0
with Councilmembers Derasary, Duncan, Knuteson-Boyd and Guzman-Newton voting aye.
New Business
Confirmation of Mayoral Appointment of Ruben Villalpando-Salas to the City Planning
Commission:
Discussion: There was no discussion.
Motion and vote: Councilmember Knuteson-Boyd moved to confirm mayoral appointment of Ruben
Page 7 of 9
January 28, 2020
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. Councilmember Guzman-Newton seconded the motion. The
motion passed 4-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd and Guzman-Newton
voting aye.
Letter of Support for the Natural History Museum of Utah Statewide Marker Program
in Moab City:
Discussion: Councilmember Knuteson-Boyd explained that this is a good program for each county to
have a designation and it is just another commemoration of the Natural History Museum of Utah. They
need Council’s support because the sidewalk is owned by the City and they will need to cut a hole into it
to set the marker.
Motion and vote: Councilmember Duncan moved to approve the letter of support. Councilmember
Derasary seconded the motion. The motion passed 4-0 with Councilmembers Derasary, Duncan,
Knuteson-Boyd and Guzman-Newton voting aye.
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
Discussion: Councilmember Derasary asked if all four presented designs would be completed or
would they pick from the four? City Arts and Special Events Manager Holland said that there were four
separate designs that were provided, but they haven’t yet decided which angle is going to work best. It
might depend on the facilities where they will be placed. Councilmember Derasary wanted to make sure
that they would be placed in an area where they wouldn’t be a trip hazard, especially design number
three. Councilmember Derasary also asked how it is decided whether a surplus bicycle is rideable and if
they are, does the City donate them to something like a ride program? City Police Department Evidence
Custodian Montague said that some are usable, but most are not. There is a list of non-profit
organizations and the bicycles that are usable and listed as “found property” are given away. The
bicycles included in this request are those that are technically evidence and are required to be
destroyed.
Motion and vote: Councilmember Knuteson-Boyd moved to approve designating the proposed
bicycle parts as surplus as noted in the agenda item. Councilmember Duncan seconded the motion. The
motion passed 4-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd and Guzman-Newton
voting aye.
Proposed Resolution 05-2020: Approving the Capital Improvements Project List:
Discussion: Mayor Niehaus stated that there are a couple of items that need to be added to the Capital
Improvement Projects list. Linares said that a group of staff had gathered to rate and rank the items on
the list according to the Capital Improvements Priority Matrix. This will also be used as Capital
Facilities planning and the list will be brought to Council when it needs to be modified. Mayor Niehaus
noted that the City Finance Director asked that Council table this item because she needed to add a
couple of things to the list and present it at the next meeting.
Motion and vote: Councilmember Knutson-Boyd moved to table the list. Councilmember Derasary
seconded the motion. The motion passed 4-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd
and Guzman-Newton voting aye.
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:
Discussion: Castle explained the BLM’s potential release of properties for their 2020 Oil and Gas
lease sale and two of the parcels identified are in the Sand Flats Recreation area and sit on Moab’s Sole
Page 8 of 9
January 28, 2019
Source Aquifer. She noted the resolution before them outlining the City’s concerns in opposition
pertaining to the potential leasing of those parcels as the development threatens the City’s water supply
and tourism economy. However, she recommended that they amend the resolution to add that the land
in question be removed and proposes that those parcels be removed from consideration altogether.
Castle read the language that would be included, “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 not negatively impact
tourism, quality of life, or water resources in the area.” Mayor Niehaus noted that the County Council
Chair intends to bring a similar resolution before the County Council and that she and Council Chair
McGann discussed writing a joint letter with the resolutions attached expressing what the resolutions
say and that it’s about water and recreation issues. Castle then explained the process of the BLM getting
these parcels on the sales list and that the City and County would be urging the governor and/or
representatives that have it pulled and amend the letter to include that the land be removed before it
goes into an environmental assessment.
Motion and vote: Councilmember Derasary moved 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 with the addition of the added be it FURTHER
RESOLVED statement that was just read to for them. Councilmember Knutson-Boyd seconded the
motion. The motion passed 4-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd and Guzman-
Newton voting aye.
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:
Discussion: City Manager Linares displayed a map showing the parcels. He indicated this agreement
was proposed by Lions Back Holdings, LLC who currently have an application with Grand County to
construct a hotel in the County bordering the City limit boundary. They have approached the City about
petitioning to annex into the City. Linares spoke with the County Attorney and received a letter from the
Chair of the County Council indicating they are in support of the annexation and support the action
before the Council for consideration. Councilmember Derasary requested verification of the location of
the parcel. Linares showed her exactly where the parcel was located and told Council the proposed
project would have approximately 120 rooms. He explained that the application is currently with the
County and if Council chose not to approve the annexation, the project would be built in the County. He
indicated that if the project is built in the City it would not adversely affect the County’s revenue. If the
project is annexed into the City, it would allow the City to collect TRT revenue from it as well. City
Manager Linares stated this project falls within a grey area of the vested projects before the overnight
accommodation moratorium was put in place. He said there are several projects that fall in that
category, but this is the first that has come forward with a claim that they are vested despite not having
an application filed prior to February 12, 2018. Moving forward as though this project was fully vested
could settle a potential lawsuit claim against the City or County in the future. There was discussion
regarding the pre-annexation agreement, the possible need for a public hearing, the pros and cons of
approving it, what it would legally obligate the City to and what zoning would be assigned to the parcel.
Linares explained that if Council approved the pre-annexation agreement, the project would still need
to follow the public procedure for annexation including public noticing and public hearing. The City
does not have a property tax but when the City annexes a commercial property, they can collect sales tax
and potentially TRT tax. The parcel is directly adjacent to the City boundary and annexing the property
obligates the City to provide services including law enforcement and snow removal. He explained
Council has final authority as to what zoning is applied to the property. Mayor Niehaus noted that the
parcel falls within the City’s General Plan’s future annexation boundaries so accepting this petition is in
the City’s General Plan. Linares explained that according to the City’s General Plan and Annexation
Plan accepting this application is exactly what the City is supposed to be doing. Councilmember
Page 9 of 9
January 28, 2020
Derasary requested clarification of the section of the agreement that talks about reserved legislative
powers. Linares explained that section is saying that if somewhere in the agreement the City has limited
themselves in a way that is illegal that was unintentional, they would reserve that authority.
Councilmember Derasary said that she would like to table this until she can look at the surrounding
zoning. Linares showed her the C-4 zones around the property on the map and said that they had just
matched it to the properties next to it and the uses that had historically been there.
Motion and vote: Councilmember Knuteson-Boyd moved 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. Councilmember Guzman-Newton seconded the motion. The
motion tied with Councilmembers Knuteson-Boyd and Guzman-Newton voting aye and
Councilmembers Derasary and Duncan voting nay. Mayor Niehaus cast the tie breaking vote and a roll
call vote was requested. The Motion passed 3-2 with Councilmembers Knuteson-Boyd, Guzman-
Newton and Mayor Niehaus voting aye and Councilmembers Derasary and Duncan voting nay.
Approval of Bills Against the City of Moab:
Discussion: Councilmember Knuteson-Boyd mentioned that the Amazon expenditure was a little high
and checked items that she was sure could be obtained locally. She will provide the list to Linares and
he will follow up on it.
Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills in the amount of
$411,314.39. Councilmember Derasary seconded the motion. The motion passed 4-0 with
Councilmembers Derasary, Duncan, Knuteson-Boyd and Guzman-Newton voting aye.
Adjournment: Councilmember Duncan moved to adjourn. Councilmember Knuteson-Boyd seconded
the motion. The motion passed 4-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd and
Guzman-Newton voting aye. The meeting was adjourned at 9:33 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder
1
Moab City Council Agenda Item
Meeting Date: February 25, 2020
Title: Consideration of Proposed Resolution #11-2020 – Amending the Fiscal Year
2019/2020 Budget
Date Submitted: February 20, 2020
Presenter: Rachel Stenta, Finance Director
Attachment(s):
1) Draft Resolution #11-2020
Background/Summary:
It is time for our mid-year budget opening. This is our opportunity to correct any
budgeting errors or omissions from our original budget process and to account for any
unexpected expenditures that were not budgeted. The attached resolution details all
budget amendment requests from departments that could not be accommodated by
internal transfers. The first step in amending the budget is to hold a public hearing to
solicit public input on the changes.
Here is a summary by fund:
General Fund:
The Police Department received notice - after our budget was adopted – of a significant
increase in the cost of dispatch services. Chief Edge is working with the Grand County
Sheriff’s Office to formalize an agreement for these services so that our expenses will be
consistent with our budget. The total anticipated increase is $47,600 for this fiscal
year. This amount would be drawn from General Fund Reserves.
Our Fleet Department has had an extraordinary year so far with major equipment
failures. Including motors, transmissions and hydraulics. While we budget for
maintenance each year, our equipment is aging (some is beyond end of life) and until we
can allocate resources to regularly make replacements, these costs will continue to
increase each year. The additional amount needed is $17,000 for this fiscal year. This
amount would be drawn from General Fund Reserves.
Transfer to the Trails Fund:
The City agreed to a cost share of bathrooms at the Bike Skills Park in the amount of
$30,000. This needs to be formalized by an Interlocal Agreement, although a
commitment was made by letter. This was a budget omission for the current year. The
anticipated amount is $30,000 to be transferred to the Trails fund to make the
expenditure. This amount would be drawn from General Fund Reserves.
The Trails fund was budgeted at a deficit this current year. That means that the
operational budget relies on funds from reserves and the amount budgeted is not
available in reserves. We can’t budget a fund into the negative so an additional amount
2
of $17,000 is needed from the General Fund to offset this reserve deficit. This
amount would be drawn from General Fund Reserves.
Class C Fund:
We lease heavy equipment (backhoe) from John Deere. This is a multi-year lease that
began several years ago. This was a budget omission and should have been included in
this year’s budget. The amount needed is $20,500. This amount would be drawn
from Class C Fund Reserves.
Recreation Fund:
This last budget process, reductions were made to the Aquatic Center Operations budget
that have proven to been ineffective. Maintenance costs were cut and those costs
remain consistent as well as utility and telephone costs that also remain consistent. The
department has asked that these budget lines be restored to the originally requested
amounts. The amount needed is $18,500. I anticipate $2,500 could come from
increased revenue. The additional $16,000 would be drawn from Recreation
Reserves.
Trails Fund:
Described above in General Fund.
Capital Projects Fund:
As part of the 191 Widening project, a developer is paying the City funds for their
portion of improvements. The City will then pass those fund through to UDOT. This is
outlined in a betterment agreement with UDOT that was approved by City Council.
These pass through funds were not accounted for in the current year’s budget. The
amount needed is $132,090 and that amount will be offset by incoming
revenue.
The Police Department entered into a four year contract for vehicle and portable radios
in the previous fiscal year. The lease payment was not included in this year’s budget.
The amount needed is $38,094. This amount would be drawn from Capital
Projects Reserves.
The Police Department received a grant to cover the costs of body cameras. This was a
mid-year grant and was not included in this year’s budget. The amount needed is
$10,000 and that amount would be offset by incoming grant revenue.
The Recorder’s department arranged for a competitive buyout of our Xerox copier leases
and has replaced them with locally maintained copiers. The buyout and lease payoff of
the outgoing Xerox copiers was not included in this year’s budget. The amount
needed is $6,800 and that amount would be offset by incoming revenue
from the new provider.
3
The City entered into an agreement in 2017 with the Housing Authority of South
Eastern Utah to provide a grant to be used towards specific energy efficiency
improvements for an affordable housing project. The funds were not included in this
year’s budget. The amount needed is $35,000 to honor this commitment. These
funds would be drawn from Capital Projects Reserves.
Sewer Treatment:
The Sewer Treatment Operations budget was reduced in various line items in the
Administrative Recommended budget for this year. One item was drastically reduced
(68% reduction) in anticipation of purchasing a dump truck to perform the services
internally. The equipment was not budgeted for nor was the line item restored to the
amount needed to pay for the services. The amount needed is $119,000. The Sewer
Fund is an Enterprise fund and as such is not required to balance to zero. The
additional $119,000 will reduce the operating income from $142,208 to $23,208
thereby reducing the amount being contributed to reserves.
Thank you and please let me know if you have any questions.
Resolution #11-2020 Page 1 of 3
RESOLUTION # 11-2020
A RESOLUTION AMENDING THE FISCAL YEAR 2019/2020 BUDGET
WHEREAS, the City of Moab has proposed to amend the 2019/2020 fiscal year budget for the various funds;
NOW, THEREFORE BE IT RESOLVED THAT THE 2019/2020 FISCAL YEAR BUDGET SHALL BE AMENDED AS
FOLLOWS:
Amended Fiscal Year 2019/2020 Budget
Amended Amended
Revenue Expenditures
1. General Fund ($13,747,497) $ 13,747,497
2. Class C Road Fund ($ 523,620) $ 523,620
3. Recreation Fund ($ 1,721,645) $ 1,721,645
4. Trails Fund ($ 237,000) $ 237,000
5. Capital Projects Fund ($ 9,482,824) $ 9,482,824
6. Enterprise Sewer Operating $ 1,666,792
2019/2020 Fiscal Year Budget Amendments
FUNDS
Account # Account Name Adjustment Amount
General Fund
Revenue
10-39-940
Additional Transfer from Reserves
Public Safety $ (47,460.00)
10-39-940
Additional Transfer from Reserves
Trails $ (47,000.00)
10-39-940
Additional Transfer from Reserves
Fleet $ (17,000.00)
Total Revenue $ (111,460.00)
General Fund
Expenses
Transfers
10-480-71 Transfer to Trails Fund $ 47,000.00
Police
10-421-36 Dispatch Services $ 47,460.00
Vehicle Maintenance
10-444-25
Equipment Supplies &
Maintenance $ 17,000.00
Total Expenses $ 111,460.00
Class C Fund
Revenue
21-39-561 Additional Transfer from Reserves $ (20,500.00)
Total Revenue $ (20,500.00)
Expenses
Resolution #11-2020 Page 2 of 3
21-400-74 Machinery & Equipment $ 20,500.00
Total Expenses $ 20,500.00
Recreation Fund
Revenue Aquatic Center
23-34-721 Admissions/Aquatic & Fitness $ 2,500.00
23-39-535 Transfer from Reserves $ 16,000.00
Total Revenue $ 18,500.00
Recreation Fund
Expenses Aquatic Center
23-452-25 Equip Supplies & Maintenance $ 4,000.00
23-452-26
Building/Grounds Supplies &
Maintenance $ 7,000.00
23-452-27 Utilities $ 5,000.00
23-452-28 Telephone $ 1,000.00
23-452-61 Sundry Expenses $ 1,500.00
Total Expenses $ 18,500.00
Trails Fund
Revenue
28-33-210 Transfer from General Fund $ (47,000.00)
Total Revenue $ (47,000.00)
Expenses
28-400-89 Bike Skills Park Bathroom $ 30,000.00
Reserve Deficit $ 17,000.00
Total Expenses $ 47,000.00
Capital Projects Fund
Revenue
41-36-237 Developer Fees $ (132,090.00)
41-39-561
Additional Transfer Reserves
Public Safety Equipment $ (38,094.00)
41-39-561
Additional Transfer Reserves
Sustainability Projects $ (35,000.00)
41-36-124
Grants and Donations
Public Safety $ (10,000.00)
41-36-205 Sale of Equipment $ (6,800.00)
Total Revenue $ (221,984.00)
Expenses
41-791-50 Police Equipment $ 48,094.00
41-440-68 Passthrough – 191 Widening $ 132,090.00
41-770-55 Sustainability Projects $ 35,000.00
41-740-97 IT – Other Equipment $ 6,800.00
Total Expenses $ 221,984.00
Resolution #11-2020 Page 3 of 3
Sewer Fund
Operating Expenses
52-600-31 WRF – Professional & Technical $ 119,000.00
Total Operating Expenses $ 119,000.00
PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 10th
day of March, 2020.
Emily S. Niehaus
Mayor
ATTEST:
Sommar Johnson
City of Moab
Moab City Council Agenda Item
Meeting Date: February 25, 2020
Title: Update and Discussion of Hot Spot Funding and Additional Transportation Projects
Date Submitted: February 20, 2020
Staff Presenter: Joel Linares, City Manager
Attachment(s):
Maps related to dispersed parking proposals
2004 agreements regarding the proposed Downtown Parking Structure site
Recommended Motion: No motion is recommended as this is a discussion item.
Background/Summary:
Given the recent conversations surrounding the Downtown Parking Structure, staff was asked to
provide an overview of some of the other additional transportation-related efforts that are in
process or will be upcoming soon. These projects and improvements include:
Potential dispersed parking projects
o North Main Street business parking lot development
o 100 South and Main Street west parking lot redevelopment
o Lot between Center Street and 100 North (behind the Post Office)
o Site located near the Greenwell and Rustic Inn (100 South Green Infrastructure
Project)
Proposing to UDOT two-hour time limit on Main Street/Highway 191
Update on Regional Transportation Planning efforts
Review of Agreements related to the proposed Downtown Parking Structure site
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Resolution # 19-2004
A RESOLUTION ADOPTING AN AGREEMENT PROVIDING FOR PARKING AND
OTHER IMPROVEMENTS ON WEST CENTER STREET BY AND BETWEEN THE CITY
OF MOAB AND UTAH DESERT INVESTMENTS/WILLIAM D PETTY
WHEREAS, an Agreement providmg for parking and other improvements on West Center
Street by and between the City of Moab and Utah Desert Investments/William D Petty has been
presented to this meeting of the Moab City Council, and
WHEREAS, the Agreement contemplates the donation of property by Utah Desert
Investments/William D Petty for purposes of constructing a public parking lot, and
WHEREAS, said property must be duly subdivided prior to the donation of the property,
NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby approve the
attached agreement in substantially the form presented to this meeting of the Moab City Council,
and authorize the appropnate officials to sign and execute said agreement, pending approval of
the subdivision of the property, and to execute all documents and procedures necessary to fully
execute said agreement
This resolution shall take effect tmmediately upon passage
Passed and adopted by action of the Governing Body of the City of Moab m open session
this 7's
day of September, 2004
CITY OF MOAB
By
David L Saknson
Mayor
Attest
Rachel Ellison
City Recorder
Resolution #19 2004
Driyirt 1 t C OWKrctLA- f_, !at_
AGREEMENT
PROVIDING FOR PARKING AND OTHER IMPROVEMENTS
ON WEST CENTER STREET
BY AND BETWEEN THE CITY OF MOAB AND UTAH DESERT INVESTMENTS
INCJWILLIAM D. PETTY
This Agreement is made and entered mto this
7l1 day of September 2004 by and between
the City of Moab ("City") and Utah Desert Investments Inc /William D Petty
RECITALS
WHEREAS, the City desires to improve West Center Street to provide for pedestrian
amenities, landscaping and public parking, and
WHEREAS, the City has allocated funds to pay for limited improvements to meet these
goals, and
WHEREAS, Utah Desert Investments Inc /William D Petty owns property on West
Center Street, shown in Exhibit A, and
WHEREAS, Utah Desert Investments Inc /William D Petty desires to provide for future
development and parking for said property, as well as for an aesthetically pleasing
streetscape, and
WHEREAS, Utah Desert Investments Inc /William D Petty owns property shown in
Exhibit A that he is willing to donate to the City for a parking lot in exchange for parkmg
space credit for future development, and
WHEREAS, Utah Desert Investments Inc /William D Petty has funds available to pay
the City to pay for a portion of the cost to construct said parking lot and street
improvements along West Center Street and
WHEREAS, Section 17 09 230 of the Moab Municipal Code authonzes off -site parking
agreements between affected land owners
AGREEMENT
The parties agree as follows.
In consideration of the terms of this agreement and contemporaneous with the execution
of this agreement
1 Utah Desert Investments Inc /William D Petty agrees to convey Lot 5 of the
property shown in Exhibit A and more particularly descnbed in Exhibit B to the
City by general warranty deed, free and clear of encumbrances
2 Utah Desert Investments Inc /William D Petty agrees to pay the City $150,000,
payable within 10 days following the execution of this agreement Said funds
shall be applied only toward construction and project expenses for the on -street
and off-street parking and road improvements specified in Section 3 and 4 heroin
3 The City agrees to perform improvements on West Center Street according to the
conceptual site plan shown in Exhibit C The City agrees to allocate at least
S62,500 in city funds and $75,000 in funds contributed by Utah Desert
Investments Inc /William D Petty toward the street improvements shown in
Exhibit C Project costs shall include engmeenng, design, and construction
Said street improvements shall be complete within two years from the date of this
agreement Any funds contributed by Utah Desert Investments Inc /William D
Petty for said street improvements that are not spent by the City within two years
of the date of this agreement shall be refunded to Utah Desert Investments
Inc /William D Petty The parties hereby agree that any substantial deviation
from the conceptual site plan shown in Exhibit C shall be approved in writing by
Utah Desert Investments IncJWilliam D Petty
4 Utah Desert Investments Inc /William D Petty agrees to perform improvements
mdicated as performed by Utah Desert Investments Inc /William D Petty in the
conceptual site plan shown in Exhibit C Utah Desert Investments Inc /William
D Petty agrees to install trees and other landscaping within the planting stop
within 30 days of completion of the work to be done by the City as described in
Section 3 herem, or Apnl 15, 2005, whichever is later Utah Desert Investments
Inc./William D Petty agrees to install the sidewalk indicated as performed by
Utah Desert Investments Inc /William D Petty in the conceptual site plan shown
in Exhibit C within five years of the date of this agreement
5 The City Council recognizes that Petty hopes to construct a covered pedestrian
arcade up to 12 feet wide over the public sidewalk on the City's nght of way The
covering would take the form of awnings and balconies constructed of wood and
other hard matenals which would be attached to the pnvate buildings to be
developed along the sidewalk and supported on piers or columns placed in the
public nght of way All piers, columns and other aspects of the design shall be
placed m a way that is master planned and does not impede the free flow of
pedestrian traffic, and all specifications for such covered pedestrian arcade must
be approved by the City prior to installation Both Petty and the City
acknowledge that current building codes may not allow this arcade to be built in
the form desired by Petty The City hereby expresses and willingness to consider
this plan for the West Center Street nght of way, and agrees to inmate the
appropnate process to modify the applicable section of the International Buildmg
Code to allow for a covered pedestrian arcade of the above described nature, if
such modifications to the code are detennmed to be necessary In no way shall
this agreement be construed to constitute an exception to the applicable building
codes
6 The City Council hereby gives approval to Utah Desert Investments Inc /William
D Petty to locate supports for awnings/canopies to be constructed by Utah Desert
Investments IncJWilliam D Petty within the sidewalk right of way The
awning/canopies and supports will meet all applicable building codes and shall be
located in such a manner as to not impede the free flow of pedestrian traffic
7 The City agrees to construct and maintain a public parking lot on property shown
in Exhibit A and more particularly descnbed m Exhibit B The City agrees to
construct said parking lot as funds become available The City agrees to set aside
and use $75,000 of the funds contributed by Utah Desert Investments
Inc /William D Petty to construct said parking lot Should any of the $75,000
contributed by Utah Desert Investments Inc /William D Petty not be spent on the
street improvements as provided for herein, any remaining funds shall be
refunded to Utah Desert Investments Inc /William D Petty after completion of the
improvements Funds contributed by Utah Desert Investments Inc /William D
Petty for construction of the parking lot that are not spent by the City within four
years of the date of this agreement shall be refunded to Utah Desert Investments
Inc /William D Petty The parties agree that the City shall have a period of four
years from the effective date of this agreement to construct the parkmg lot The
parties agree that Utah Desert Investments Inc /William D Petty may in the future
construct an extension of said parking lot on Utah Desert Investments
Inc '/William D Petty's property, and that additional parking credits may be
accrued by such extension, subject to approval by the City and the approval by
both parties of a parking easement providing for such credits
8 The City agrees to grant Utah Desert Investments Inc /William D Petty and any
future owner(s) of the property shown in Exhibit A a parking space credit of 32
parking spaces that shall be available for future development of retail, office or
restaurant uses Said credits shall be credited toward any parking space
requirements for said uses only Parking space credits shall not be available for
hotel/motel or overnight accommodation uses Parking space credits may be used
toward on -street or off-street parking Said credits shall be recorded as a Parking
Easement, which shall be attached to this agreement as Exhibit D The parties
herby agree that existing uses do not require additional parking, unless said uses
are modified or expanded
9 The parties agree that Municipal Code Section 17 09 220Q allows for special
exceptions to the minimum parking requirements and that Section 17 09 220R
allows the Planning Commission to allow on -street parking spaces to be counted
toward the minimum off-street parking requirements of a development This
agreement shall not be construed as a waiver of the minimum parking
requirements for the affected lots at the time they are developed, nor shall this
agreement be construed as a special exception to the minimum requirements
Nothing in this agreement shall be construed to prohibit Utah Desert Investments
Inc /William D Petty from applying for a special exception to the minimum
mmmium requirements of the parking requirements, as allowed for by the Moab
Municipal Code
10 In the event that the parties are unable to carry mto effect the provisions of this
agreement, in whole or in part, for reasons beyond the reasonable control of either
party, then the sole remedy shall be rescission of this agreement and the
restoration of the property and funds which remain unused for the purposes
intended in this agreement In the event of rescission, this agreement shall
terminate and both parties shall be released of any further obligation
11 The terms of this agreement shall not be abrogated following the closing, and
shall remain enforceable between the parties Until such time as the parking lot
and street improvements descnbed herein are constructed, the terms of the
agreement, including Section 7, shall control over the Parking Easement
contained in Exhibit D Upon completion of the parking lot and street
improvements, this agreement shall terminate and the Parking Easement shall
control
CIT. OF MOAB
By I i G . /,s Qc-r zee)/
Mayor, Da id L Saknson Date
Attest
Ct-tJUX.0 VitIYaY% 10- 16— O `f
Rachel Ellison, City Recorder Date
UTAH DESERT INVESTMENTSINC
By
Utah Desert Investments
State of MO
County of &IRIk.ID
ge4.-e fav/ 22 del- 2ca
Date
On the day of(401361z,o'b04 , personally appeared before me WIL61Mk.171swampy
who duly acknowledged to me that they executed the same
Notary Public
My Commission Expires-t 3.pan Residing m Grand County
WILL PE
r
By
William D Petty
State of U AH
County of
2e Oct 2ze4
Date
On the 1/1_ day ofDLutelt ` 4 , personally appeared before me
viluijo CD-FoT V who duly acknowledged to me that they executed
the same
My Commission Expires 1;15E92iP007
4ruyn,t4aupt\
Notary Public
Residing m Grand County
S
Ci'NTJW STREET
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EXHIBIT A
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B
Exhibit B
BLOCK 16 PARKING LOT
A PARCEL OF LAND WITHIN BLOCK 16 OF THE MOAB TOWNSITE, SECTION 1, T 26 S,
R 21 E, S L M , MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS
FOLLOWS'
Beginning at a point on the West line of Block 16 of the Moab Townsite, Section 1, T 26 S,
R 21 E, S L M , said point bears N 0.171E 147 50 ft from the SW Comer of said Block 16, and
proceeding thence wrlh the West Nne of said Block 16 N 0.17.E 1611 ft , thence S 89°47'E 73 45
ft , thence along the arc of a 8 50 ft radius curve to the left 13 35 ft (said curve has a chord which
bears N 45•14'E 12 02 ft ), thence N 0•17'E 31 38 ft , thence along the arc of a 26 0 ft radius
curve to the nght 34 91 ft (said curve has a chord which bears N 38.411E 32 35 ft ), thence N
0.17.E 18 70 ft to the South line of McCarrol, thence with said tine S 89'47'E 129 02 ft to the SE
Comer of McCarron, thence S 0'17'W 14 50 ft to the SW Comer of the Hauer Parcel, thence with
the South line of Hauer S 89.47.E 79 0 ft to the NE Comer of the Petty Parcel, thence S 0.17'W
39 50 ft , thence N 89'47'W 16 0 ft , thence S 0'17'W 61 75 ft , thence with a line 0 5 ft Northerly
of the North wall of an existing building N 89'37'W 39 40 ft thence S 24'08'W 10 77 ft , thence S
0'17'W 122 01 ft to the South line of said Block 16, thence with the South line of Block 16 N
89•47'W 16 00 ft , thence N 0.17.E 120 47 ft , thence N 89•47'W 152 24 ft , thence N 0°17'E 18 66
ft , thence along the arc of a 8 46 ft radius curve to the left 13 30 ft (said curve has a chord which
bears N 44'47'W 11 96 ft ), thence N 89•47'W 73 59 ft to the point of beginning and containing
28,975 sq ft , more or less
I
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I
Exhibit C
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Date!-HOV-20o1 ?AR
Feel No Fee Check
Exhibit D MERLENE MOSHER, Recorder
Filed !yy JAC
For ROAD CITY
PARKING EASEMENT
GRAND COUNTY CORPORATION
For valuable consideration, the City of Moab ("City") hereby grants and conveys a
nonexclusive parking easement to Utah Desert Investments IncJWiWam D Petty, their
successors and assigns m title ("Utah Desert Investments IneJWillam D Petty"), as set forth
herem
I. RECITALS.
P 1.94
Rci
1 The City and Utah Desert Investments InCJWilliam D Petty have entered mto an
agreement whereby Utah Desert hwestments Inc./William D Petty has agreed to convey a
parcel of real property to the City, and the City has agreed to construct a public parking
lot on that property.
2 In partial consideration for the conveyance, the City has agreed to grant Utah Desert
Investments IncJWilliam D Petty a parking easement on the lands conveyed, together
with credit toward satisfaction of City ordmances regardmg off-street parking, winch
credit will apply to adjacent undeveloped real property retained by Utah Desert
Investments Inc /William D Petty
H. EASEMENT.
3 Easement Property. The real property subject to this easement is a tract of land wrthm the
mumapal Imuts of the City of Moab, County of Grand, and State of Utah, more
partrcululy described m the attached Attachment A
4 Benefited Parcels. The real property benefited by this easement is the tract(s) owned by
Desert land Investments/William D Utah Desert Investments Inc /William D Petty m the
County of Grand, State of Utah shown m Attachment E
5 Purpose. The City grants an easement to Utah Desert Investments Inc./William D Petty
for the purpose of off- %vet motor vehicle parkmg, mgress, egress, and associated
pedestrian access m a public parking lot to be constructed within the lands described m
Exhibit A The parkmg easement shall be for the purpose of provrdmg reasonable off -site
parking to the patrons of busmesses which will occupy the lands described m Attachment
B No overnight parking shall be permitted, and the Easement Property shall not be used
for long term vehicle storage or the parlung of commercial vehicles owned by the owners
of the Benefited Parcels Commencement of parking pursuant to this easement shall
occur upon completion of construction of the parking lot by the City, which shall be
controlled by a contemporaneous written agreement between the City and Utah Desert
Investments Inc /William D Petty The terms of that agreement shall control over this
Parkmg Easement until such time as the performances contained m the agreement are
complete
6 Credit Toward Municipal Parkmg Requirements This Parking Easement shall entitle
Utah Desert Investments IncJWilliam D Petty to clams a credit totalmg thirty two (32)
parkmg spaces for purposes of satisfymb City ordinances for mandatory parking
Parking Credit") The Parkui6 Credit may be allocated among the Benefited Parcels in
any way Utah Desert Investments Inc/William D Petty sees fit, m light of planned uses
and development Nothing m this Parkmg Easement shall be construed to be a waiver or
special exception to pukmg requirements established by City ordmance, and the
Benefited Parcels shall each be required to comply with all applicable parkmg ordinances
at such time as they are developed The Pukmg Credit shall be applied to retail, office,
restaurant, or similar uses, but shall not be available for any future hotel, motel, or other
overnight accommodation uses Nothing in this Puking Easement shall be construed to
prohibit the use of parking credits for use in a shared parking agreement duly approved by
the City
7 Nonexclusive Use The Easement Property shall be developed as a public parking lot
The uses authorized by this easement shall be non-exclusive, meanuig that all puking
spaces shall be avulable to the public and may not be reserved or controlled for the use of
any one person, busmess, or lot owner
8 Modification, Termmatton This easement shall run with the lands in perpetuity Any
renewal or modification of the easement durmg its term shall be m writing, properly
executed by the parties, and recorded m the Grand County land records
9 Parties, Venue, Controlling Law The sole parties to this agreement are the City, Utah
Desert Investments Inc/William D Petty, and the successors m title to the Easement
Property and the Benefited Parcels, if any Venue for any dispute concemmg this
easement shall be in the Seventh Judicial District Court, Grand County, Utah The
easement is governed by Utah law
10 Enforcement Pnor to commencing any action to enforce this easement, the affected
party shall serve upon any party alleged to be m breach a wntten notice providmg a
penod of not less than thirty (30) days m which to cur or abate the offendmg condition
In any Judicial proceedmg to enforce this easement remedies shall include
mjunctiveJdeclaratory relief, damages, or both, together with reasonable attomey fees and
court costs to the substantially prevailmg party hi no event shall any party be liable to
the other for consequential damages
E 465356 B 0635 P 195
Approved and accepted on the date(s) set forth below
STATE OF UTAH
COUNTY OF GRAND
CITY OF
f
Mayor David Salvison
Executed before me by the City of Moab. Mayor David Salmson, this
1let' A9dayofD 7o2tn.. 2004.
Witness my hand and official seal My commission expires „0" ''
i'r` ;,,,
o,;' S.
RachefElbson : t7: .54
o
Notary Public/City Recorder
1STATEOFU.114 -
COUNTY OF (MOANS"
f
INC
UTAH DESERT INVESTMENTS
RACHELE ELL i.i'
r> Notary Public
bStets of
1ty
Comm Empires Jun 2,2006
Wmi200SaliM ibUrMQ4
On the 192_ day oft teePA0 • personally appeared before mailI. allaifFerT( WPM( who
duly aclmowledged to me that they executed same
f
COUNTY OF EOM )
D PE
William D Petty
QtniroAllilLtA
Notary Public
AddressAVRii f
0, Executed before me by William D Petry this day of Ornen7— 2004 Witness my hand and
official seal My commission expires TeP_ 914 2-0 t
E 465356 D 0635 P 196
Sr vomit JOHMON
Notary Public
Strif• Of Utah
Mr Comm EteYwOw&IWO
115 West 200 Oaf Notary Public
Address XUTAlt
E 465356 D 0635 P 197
Attachment A
BLOCK 16 PARKING LOT
A PARCEL OF LAND WITHIN BLOCK 16 OF THE MOAB TOWNSITE, SECTION 1, T 26 S,
R 21 E, S L M , MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS
FOLLOWS
Beginning at a point on the West line of Block 16 of the Moab Townslte, Section 1, T 26 S,
R 21 E, S.L.M., said point bear; N 0.17.E 147 50 ft from the SW Comer of said Block 16, and
proceeding thence with the West line of said Block 16 N 0.17.E 1611 ft , thence S 89.47.E 73.45
ft , thence along the arc of a 8.50 ft radius curve to the left 13 35 ft (said curve has a chord which
bears N 45•14'E 12 02 ft ), thence N 0•17'E 31 38 ft , thence along the arc of a 26 0 ft radius
curve to the right 34 91 ft (said curve has a chord which bears N 38.41.E 32 35 ft ), thence N
0.17.E 18 70 ft to the South line of McCarroll, thence with said line S 89.471E 129 02 ft to the SE
Comer of McCarroll, thence S 0.17•W 14 50 ft to the SW Comer of the Hauer Parcel, thence with
the South line of Hauer S 89.47.E 79 0 ft to the NE Comer of the Petty Parcel, thence S 0•17'W
39.50 ft , thence N 89•47W 16 0 ft , thence S 0•17'W 61 75 ft , thence with a line 0 5 ft Northerly
of the North wall of an existing building N 89•37'W 39 40 ft thence S 24.08'W 10 77 ft , thence S
0•17'W 122 01 ft to the South line of said Block 16, thence with the South line of Block 16 N
89.47'W 16 00 ft , thence N 0.17.E 120 47 ft , thence N 89•47'W 152 24 ft , thence N 0•17'E 18 66
ft , thence along the arc of a 8 46 ft radius curve to the left 13 30 ft. (said curve has a chord which
bears N 44•47•W 11 96 ft ), thence N 89•47'W 73 59 ft to the point of beginning and containing
28,975 sq ft , more or less
A LSo O R 8 E"D it-e L_or 5, i- Uc Flo Su p vlsro/
E 465356 OE.35 P 1.98
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ATTACHMENTB
Resolution # 20-2004
A RESOLUTION ADOPTING AMENDMENT #1 PROVIDING FOR PARKING AND
OTHER IMPROVEMENTS ON WEST CENTER STREET BY AND BETWEEN THE CITY
OF MOAB AND UTAH DESERT INVESTMENTS/WILLIAM D PETTY
WHEREAS, an Agreement providing for parkmg and other improvements on West Center
Street by and between the City of Moab and Utah Desert Investments/William D Petty has been
presented to this meeting of the Moab City Council, and
WHEREAS, the Agreement contemplates the donation of property by Utah Desert
Investments/William D Petty for purposes of constructing a public parking lot, and
WHEREAS, said property must be duly subdivided prior to the donation of the property,
NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby approve the
attached agreement m substantially the form presented to this meeting of the Moab City Council,
and authonze the appropnate officials to sign and execute said agreement, pending approval of
the subdivision of the property, and to execute all documents and procedures necessary to fully
execute said agreement
This resolution shall take effect immediately upon passage
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 27th day of October, 2004
CITY OF MOAB
By
David L Saknson
Mayor
Attest
Rachel Ellison
City Recorder
Resolution #20 2004
r Th al o,- -P.l.-e. (ao-acz)`{
J
GOVAGREEMENT PROVIDING
FOR PARKING AND OTHER IMPROVEMENTS ON
WEST CENTER STREET BY
AND BETWEEN THE CITY OF MOAB AND UTAH DESERT INVESTMENTS INCJWILLIAM
D. PETTY AMENDMENT
NUMBER ONE For
good and valuable consideration, the City of Moab and Utah Desert Investments Inc / William
D Petty mutually agree to a modification of the Agreement providing for Parking
and other Improvements on West Center Street by and between the City of Moab and
Utah Desert Investments IncJWilliam D Petty, dated September 7, 2004, as follows 1
Exhibit C to the Agreement shall be amended to include Change Order Number One to the
West Center Street Improvement Project, attached hereto as 'Exhibit C Amendment" 2
Utah Desert Investments Inc /William D Petty agrees to construct a sidewalk in the location
indicated in Exhibit C Amendment at Utah Desert Investments Inc /William D Petty'
s expense and withm two years of the date of this amendment Said sidewalk shall be
at least six feet in width and shall be dedicated to the City for purposes of a public sidewalk
Construction of said sidewalk shall conform to City specifications and other applicable
regulations and shall be subject to inspection and acceptance by the City prior to
dedication 3
Utah Desert Investments Inc /William D Petty agrees to pay to the City an additional sum
of $4,960 20 upon execution of this amendment In
event of a conflict between the terms of this amendment and the remainder of the agreement,
this amendment shall control By
Mayor,
David L Saknson Attest
Rac
el Ellison, City Recorder 10-
ac -o4 Date
10-
CI—o1-f Date
UTAH DESERT INVESTMENTS1NC
By
Utah Desert Investments In
State of 014
County of E1.12AN1]
lee rGf 2-fr Ocie .e.- 2eo'
Date
On the _2th_ day of O(101302120{-, personally appeared before me Wl AiM,D EMTI .Y
who duly acknowledged to me that they executed the same
4.1,0,14im
Notary Public
My Comuussion pees Residmg m Grand County
WILLIAM D PE
By yQ Ociv ar 241n4
William D Petty Date
State of orniri
3
County of6044,1D )
On the p? day ofOCTt1eegt 2004 , personally appeared before me
I('1LUkliCIP.- erIN , who duly acknowledged to me that they executed
the same
4.yfu4gt,
Notary Public
My Commission Expires ix, 2401 Residing m Grand County
EXHIBIT C AMENDMENT
CITY OF MOAB
CHANGE ORDER
CHANGE ORDER #: * 1
PROJECT: West Center Street DATE: 10/27/C4
TO (CONTRACTOR): LeGrand Johnson OWNER: Moab City
Contractor: you are directed to make the flowing charges in the wont. All
other terms and condition of the Contract not expos* modified hereby shall
remain In full forte and effect.
Rem (Ed) Desai/len Quantity that wait Cut raw Coot
If 1 Ealing sYowslk r remain ham station 10+25 to station 13+35.
s 2 Seth *Wavy, mat cantor One west 4' from Malai 12+83 to station 12+79.
3 Install Meads x 130' long aidre,lk on the twat side of the soulh driveway Train =bon 10+50 going
nails to Milo 11+10.
a 4 Donobutt 1400 s, ft of prising area to (Muds /Ytoine t al rase Mae, sub hat" and asphalt and
sating.
0 5 !Wall 576 e9 R of adored stamped canasta, In two locations of the sash driveway.
SEE ATTACHMENTS
The Original Contract Stun was $ 202,690.06
0
The Contract Stun prior to this Change Order was. $ 0
4,960.20
207,650.26
Net Change by previous Change Orders
The Contract Sum MN be increased by this Charge Order
The new Conha¢t Sum including this Orange Order will be
The Contract Time will be changed
Contractor
7AttaLij LktiA:Ne%
L Salvh .Mayor ,f ,
imr41;
Rachel Ellison, Oty Recorder
oasa,, „1111 a a4
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CONTOUR EXISTING GROUND 20
10 0 20 40 SCALE
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sB11AgE Fsl POINT
TABLE PT
STATION/NORTH OFFSET/EAST ELEV 15/
22 63 7297 75 4023 /0 2
15/2216 739319 4025 54 3
15821 /2 7442 75 4026 51 4
1+71 64 (S D-WAY) 0 00 L 4026 26 5
15840 42 7442 34 4025 5/ O
15940 39 7450 511 4025 75 7
15822 36 7463 /9 402/ /9 I
15/31 09 740 /7 4026 92 I
15/31 36 7505 75 4027 44 10
15905 73 74/1 15 4024 69 11
15/92 73 7490 95 4026 57 12
15993 99 7524 10 4025 90 13
15694 57 7505 60 402514 14
158/0 74 7479 03 4025 80 15/
87 74 7479 07 4025 46 15930
98 7524 2/ 4025 25 17
1592/ 41 7444 99 4023 34 18
15946 91 7445 46 4024 13 19
15947 53 7318 41 4023 50 20
15932 50 731/ 41 4023 42 21
159211 24 7315 31 4023 60 22
1591116 7299 05 4023 72 23
15906 50 7323 16 4023 60 24
15//11 49 7325 07 4023 65 25
15/I1 4/ 7325 03 4023 47 26
15863 50 7322 95 4023 3I 27
15/73 25 7297 9/ 4023 53 28
15//3 79 72// 45 4023 45 29
15849 79 72U 3/ 4023113 30
15/40 25 7297 /3 4023 70 31
15/86 42 7309 46 4022 /1 32
15851 59 7407 24 4024 20 33
15917 /1 7363 33 4022 /3 34
15917 41 7444 /3 4023 16 NEW
2' SIDEWALK DRAIN DESCRIPTION
TIC
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E
Moab City Council Agenda Item
Meeting Date: February 25, 2020
Title: Cancelling Design and Construction of the Downtown Parking Structure
Submitted: February 18, 2020
Presenter(s): Karen Guzman-Newton and Mike Duncan, Councilmembers
Attachments:
RESOLUTION NO. xx-2020, A RESOLUTION CANCELLING DESIGN AND
CONSTRUCTION OF THE DOWNTOWN PARKING STRUCTURE
Recommended Motion: None at this time. This item is scheduled for public hearing at a regular
City Council meeting March 10, 2020. A vote may be scheduled for that meeting subsequent to
the public hearing. Its presentation at this time is for discussion only.
Background/Summary:
In 2017, UDOT issued $10M of “Hotspot” (areas impacted by recreation and tourism activity)
funding to Moab for transportation improvements. In late 2017 a committee of business people
and local government officials proposed a Downtown Parking Structure (DPS). $8.3M was
scheduled for its design and construction. In late Oct 2019, the City entered a $850K contract for
DPS design with Kimley-Horn, a design consultant. At this time, a minority of those contract
funds have been spent for on-going design.
Since that time, for a variety of reasons, dissatisfaction with DPS has grown even as its design
has progressed: loss of original motivation (to replace Main St. parking), a reduction in number
of parking stalls provided, an inability to accommodate over-sized vehicles, cost overruns,
changes in structural design which lower construction cost at the expense of higher future
maintenance costs, complaints that it would not help Main St. congestion and complaints that its
localized nature provided singular benefits to a few businesses rather than a broad spectrum of
the community.
For these reasons, and the observation that the great bulk of Hotspot funds remain unspent and
that UDOT is receptive to alternative uses as long as they meet the Hotspot funding criteria,
alternative uses of DPS funds have recently been suggested: namely a regional shuttle/transit/bus
system and/or dispersed surface parking lots (a goal of the original Hotspot study) located N or S
of downtown.
This resolution directs staff to cancel the Kimley-Horn contract. It also initiates the process of
creating a viable shuttle/transit/bus system, possibly including dispersed surface parking lots.
WHEREAS the primary need for DPS as identified in the 2017 UDOT Region 4 Arches Hotspot
Study was to replace on-street parking lost as part of Main Street Improvements, but that those
Improvements were rejected by residents and Council who objected to loss of on-street parking,
WHEREAS the solution to Moab’s congested Main St. can hardly be improved by drawing
more vehicles to downtown, the intent of DPS,
WHEREAS the DPS, according to the Downtown Parking Study, primarily benefits businesses
within 600 feet of the structure, that is a limited number of businesses, and thus is a poorer use of
public funds than dispersed parking or a regional shuttle which benefits a broader number of
businesses.
WHEREAS DPS design has changed significantly from its original less-intrusive partially
buried bottom floor and two additional stories, to an imposing and view-shed blocking four story
structure of 42’ including its roof parapets,
WHEREAS DPS, still early in its design phase, has already incurred significant cost overruns
forcing the adoption of structural construction techniques that trade lower construction cost for
increased maintenance cost during its life,
WHEREAS DPS will incur significantly higher maintenance cost than the existing surface lot,
with poor prospects for offsetting revenue whether it charges for parking or not, since according
to the Downtown Parking Study the lot is often under-utilized,
WHEREAS DPS cannot accommodate over-sized vehicles, a critical parking need,
WHEREAS UDOT is receptive to the redirection of Hotspot funding as long as their goals of
reduction of congestion, economic development and increased tourism opportunity can
reasonably be expected to occur,
WHEREAS an alternate use of DPS funds has been identified that satisfies the above criteria,
namely a regional or valley-wide shuttle system that encourages visitors to leave their cars at
their hotel and residents to leave their cars at home,
.
NOW, THEREFORE, Be It Resolved by the Council of the City of Moab, Utah that:
1) City staff direct Kimley-Horn to cancel the Downtown Parking Structure design contract with
the intent of minimizing financial liability to the City and UDOT.
2a) Moab City Council coordinate with Grand County Council to form the “Arches Hotspot
Region Coordinating Committee,” with two council members from each governing body. This
committee shall determine staff assistance on an as-needed basis as well as assistance from
existing city or county committees. The Committee will serve as the point contact with UDOT
for purposes of the Hotspot Funding Program and any subsequent applications for future project
funding.
2b) The Arches Hotspot Region Coordinating Committee enlist the Grand County Public Transit
Committee shall initially pursue the feasibility of a public transit system project in addition to
dispersed parking projects that may or may not complement a public transit system.
Moab City Council Item
Meeting Date: February 25, 2020
Title: ORDINANCE 2020-03 AN ORDINANCE AMENDING THE CITY OF
MOAB MUNICIPAL CODE SECTION 17.69.050E TO ALLOW THE CITY
COUNCIL TO CONSIDER SMALLER UNIT SIZES FOR WORKFORCE
HOUSING UNITS THAT ARE BUILT ON SITE AT THE TIME OF PROJECT
CONSTRUCTION.
Disposition: Discussion and possible approval of a Code Amendment
Staff Presenter: Nora Shepard, AICP, Planning Director
Recommended Motion:
I move to approve Ordinance 2020-03 Amending the Moab Municipal Code to
modify Section 17.69 050 E to allow the City Council to consider smaller unit sizes
for Workforce Housing Units that are built on site at the time of project construction.
Background/Summary:
On November 13, 2018, the City adopted a new chapter 17.69 of the Moab Municipal
Code to require new overnight accommodations to provide Assured Workforce Housing
(WAHOO). The ordinance has been in place for over a year and the staff is
recommending that the Planning Commission and City Council make an amendment to
grant the City Council the discretion to approve smaller, studio units to be allowed to
qualify for the required assured workforce housing if the units are built on site and
concurrent with project construction.
Section 17.69.050 E currently reads as follows:
“The area of affordable housing units built pursuant to the construction
requirement shall be an average of not less than one-thousand square feet per
unit. Developers shall provide a mix of one bedroom and larger units based in the
expected needs of the project, as further specified in the development
improvements agreement and/or the LURA.”
As the staff has been working with developers to satisfy the requirement for assured
workforce housing, it has come to our attention that there is a need for smaller, studio
units that may not meet the average of 1,000 sq. ft. in floor area. The City wants to
provide a variety of housing unit types and sizes that are available for workforce
housing. One product type that Moab lacks is a small studio unit for 1 or 2 people. The
proposed amendment would allow a smaller unit at the discretion of the City Council
only when the units proposed are on the same site as the project, built at the same time
of the project and targeted toward employees that will work at the project.
The proposed language would read:
17.69.050E: The area of affordable housing units built pursuant to the construction
requirement shall be an average of not less than one-thousand square feet per unit.
Developers shall provide a mix of studio, one bedroom and larger units based in the
expected needs of the project, as further specified in the development improvements
agreement and/or the LURA.
As an incentive to get workforce housing built on site, concurrent with the development
of the project and that targets the affordability needs of the future employees of the
project, the City Council may consider a smaller unit size and/or different configuration.
The original proposed amendment to the code would have allowed smaller units to
be considered for all Workforce Housing. After receiving public input and significant
discussion, the Planning Commission modified the proposed amendment to allow
the City Council to consider smaller units only when the units would be built on site,
concurrent with the project construction and targeted toward the employees that may
work at the project.
History of the WAHOO Ordinance:
There was significant discussion and public input at the time of the adoption of the
Assured Workforce Housing code provisions. The City Planning Staff has researched
the minutes, staff reports and videos that were associated with the adoption of the
Workforce Housing Ordinance. The Planning Commission recommended the Ordinance
to the City Council with the minimum square footage of 500.
There was significant economic research and modelling that was done prior to delving
info drafting the WAHOO. The number of units required was researched and was based
on the impact of an Overnight Accommodation and the number employees generated
and units needed. When that analysis was done, the “base” unit that was discussed was
1,000 square feet. When the ordinance was being finalized, the City Attorney (Chris
McAnany) advised the City Council that based on the cost of construction in Moab, a
smaller unit (500 square feet) may result in developers actually building units, rather
than just pay the Fee in Lieu of Construction (FILC). The 500 square feet size provided
a slight incentive for a developer to build units on site. This was thought to be the most
desirable outcome, as well as to build units that would provide housing for employees
that work in the project. A 1,000 square foot unit would likely cost more to build than the
FILC. In other words, it would be cheaper to just pay the FILC than it would be to build
the required number of units if the minimum size is 1,000 square feet.
Summary of research and discussion is as follows:
•Originally the ordinance followed the standards set in the PAD ordinance
•Then because the PAD would be passed after the WAHOO, they wanted the
WAHOO to stand alone, and made the standard relative to sf minimum 500sf per
the underlying zone
•During the second (and last) discussion before the ordinance was passed at City
Council November 13th, Council Member Jones made the recommendation to
increase the required minimum to an average of 1000sf because that was the
number that followed the "NEXUS" AH "FILK" Study. 'Number that is used in
housing economic study linked to computation of number of units. (Essentially a
round number to work the computation off of).
•Comparing the "Fee vs Construction", City Attorney Chris McAnany -
Construction was at a higher cost to developer than fee with 1000sf. The 500sf
adjustment would create "parity" between Fee vs Construction. This calculation
was provided to council for the meeting.500sf was trying to mitigate issue in cost
discrepancy.
•At this point the Council invited Zacharia Levine up to speak on behalf of the
county. He presented the County Version with 1000sf and Parity in their fees.
Zacharia summarized that 500sf would be a way to incentivize construction and
flexibility, if the council wanted to stick to "mathematics that are going to be
simplest and most defensible and logical" they could go with 1000sf. The Council
straw polled their favor of 1000sf based on "Defensible and logical".
•The most relevant information to the reason behind the current language and
associated numbers is in the City Council Video from November 13, 2018 (see
link below) Please review the video between 2:18:33: and 2:27:55.
https://www.youtube.com/watch?v=rKh9vgKg0Sg&feature=youtu.be
There is a demand for small, studio apartments accommodating 1 or 2 people. In many
cases, workers from a new OA development cannot afford a larger unit and/or would
prefer to live alone without other roommates. The reduction in the minimum size would
provide more flexibility for project to provide workforce housing that meets the needs of
their employees and would continue to incentivize developers to put the units on site
that could be used for the employees the project generates. The outcome of leaving the
minimum requirement at 1,000 sf per unit would likely be that units are not build on site,
or off site, and that the developer would choose the option of paying the FILC.
Planning Commission Discussion and Action:
The Planning Commission held public hearings on this item at two meetings, on
January 23, 2020 and February 13, 2020. As mentioned previously, the Planning
Commission was not comfortable with an amendment to the code that would allow
smaller units for all proposed workforce housing. After a far-ranging discussion, the
Planning Commission concluded that having workforce housing on th e site, build at the
same time as the proposed project, and targeted toward employees that would
eventually work at the project should be encouraged.
A summary of the discussion is as follows (draft minutes are not yet available):
•There is value in having projects built on site concurrent with construction of the
main project and that some incentive to do that may be appropriate
•If a developer is proposing 10 units to fulfill the requirement, at an average of
1,000sf, that is 10,000sf of employee housing. If the applicant wished to do
smaller units, they would need to do more units to meet the obligation of the total
10,000sf
•Requiring an average unit size of 1,000sf disincentivizes construction of units on
the site and would rather push developers to pay a fee in lieu rather than actually
getting units built on site. Building units on-site for the workers of a project is the
best outcome.
•Discussion on whether 500sf would be an appropriate average for all required
workforce housing. A single-wide trailer is about 400sf.
•It would be important to provide other amenities on site to support the on-site
workforce housing, such as laundry, bike storage, gathering areas and outside
recreation areas.
•Smaller units may be appropriate, but don’t want to just pick a smaller number.
Would rather give City Council the ability to negotiate a smaller size based on
individual requests.
For additional detail on the discussion, here is a link to the YouTube Video:
https://www.youtube.com/watch?v=KoYcpFnGf8E
It is the first item on the agenda.
Exhibits:
Exhibit A: Proposed Ordinance 2020-03
ORDINANCE # 2020-03
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE SECTION 17.69.050E TO
ALLOW THE CITY COUNCIL TO CONSIDER SMALLER UNIT SIZES FOR WORKFORCE HOUSING
UNITS THAT ARE BUILT ON SITE AT THE TIME OF PROJECT CONSTRUCTION.
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.The City finds that this ordinance will serve the public health, safety, and welfare,
and that adoption is in the best interest of the Moab community.
d.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.
e.This ordinance was reviewed by the Planning Commission on February 13, 2020, and
the Commission favorably recommended approval of the ordinance to City Council.
f.Section 17.69.050E currently requires a minimum of 1,000 square feet for a unit size.
g.There is a demand in the community for smaller, studio affordable units.
h.The City supports construction on workforce housing on the development site to be
built concurrent with the project and that housing should meet the needs of the
employees of the project.
i.The Moab City Council should be able to discuss flexibility of unit size and
configuration for projects that plan to build workforce housing as a part of the
overall project, on site and available to future employees.
j.The City of Moab has recognized the need for Assured Workforce Housing by
requiring that all new Overnight Accommodations provide assured workforce
housing units and has adopted Section 17.69 of the Moab Municipal Code (MMC).
Therefore, the City of Moab hereby modifies MMC 17.69.050E to reduce the minimum
square footage from 1,000 square feet to 400 square feet and adds a studio unit as an
acceptable configuration, as noted below:
17.69.050:
The area of affordable housing units built pursuant to the construction requirement
shall be an average of not less than one-thousand square feet per unit. Developers shall
provide a mix of studio, one bedroom and larger units based in the expected needs of
the project, as further specified in the development improvements agreement and/or
the LURA.
As an incentive to get workforce housing built on site, concurrent with the development
of the project and that targets the affordability needs of the future employees of the
project, the City Council may consider a smaller unit size and/or different configuration.
PASSED AND APPROVED in a public meeting of the City Council by a majority vote of the Moab
City Council on the ___ day of __________, 2020. This ordinance shall take effect immediately
upon passage.
SIGNED:
_________________________
Emily S Niehaus, Mayor
ATTEST:
________________________
Sommar Johnson, City Recorder
Moab City Council Agenda Item Meeting Date: February 25, 2020
Title: Approval of Change Orders for and Briefing on Mill Creek Drive West Extension Project Construction
Disposition: Discussion and possible action
Staff Presenter: Chuck Williams, City Engineer
Attachment(s): Attachment 1 - Harrison Oilfield Services Change Orders Nos. 1 through 4 Attachment 2 - Civil Science Infrastructure Change Order No. 1 Attachment 3 - Mill Creek Drive West Extension Project Construction Improvements Cost Summary
Recommended Motion: “I move to approve the change orders for the Mill Creek Drive West Extension Project Construction for Harrison Oilfield Services Inc. in the amount of $143,782.23 and Civil Science Inc. in the amount of $33,900.00”
Background/Summary: The project resulted in construction of a new road, shared-use path, stormwater facilities, sanitary sewer, culinary water, and water wise landscaping comprising Aggie Blvd (formerly referred to as either the Mill Creek Drive West Extension or Rimrock Road). The new road will serve as a main access to the future Utah State University (USU) campus and appurtenant SITLA housing development. This road and utility project is partially funded by a Community Impact Board (CIB) grant and loan. City Council approved two contracts with Civil Science Infrastructure (CSI): one to produce construction plans, the second to provide engineering and construction management services in the amount of $122,200.00. Harrison Oilfield Services submitted the lowest construction bid out of nine total bidders, and was subsequently contracted to perform construction work on the project for $1,935,078.44.
As is normal for any large infrastructure project, change orders were needed to address the existing conditions. Change orders were negotiated and reviewed by City staff. Construction change orders by Harrison were additionally reviewed by CSI, within their role as construction management consultants. Some change orders were approved for Harrison and some requested by the contractor were not approved. Only those change orders necessary to complete the project were approved by City staff in order to keep the project moving and get it completed in the amount of $143,782.23. Due to the increased time to construct more time was required of our construction administrator CSI in the amount of $33,900.00. Their time included review, approval and preparing change orders as well as additional progress meetings and site inspections. The total amount of the five approved change orders is $177,682.23. This represents an increase of 8.6% over the original contract prices of $2,057,278.44. The industry standard for large construction projects is from 10% to 20% increase over contract price. Consistent with the recommended motion, Staff recommends approval of the change orders as described above. If council approves, we will issue final payment to Harrison in the amount of $103,943.03
CHANGE ORDER NO. 1
Date: February 22, 2018
Project: Mill Creek Drive West Extension
OWNER: City of Moab
ENGINEER: Civil Science, Inc.
CONTRACTOR: Harrison Oilfield Services, Inc.
The Contract is modified as follows upon execution of this Change Order:
Description: Change order from changes reflected in Work Directive Changes 1 through 4 and additional 10"
Gate Valve. Refer to Work Directive Changes 1 through 4 for bid item and quantity changes.
Attachments: See attached quantities reflecting Change Order 1.
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIME
Original Contract Price:
$.1,935,078.44
Original Contract Time: 210 Days
Completion Date: June 10, 2019
Increase from previously approved Change Orders.
$ 0
Increase from previously approved Change Orders.
Contract Time: 0 Days
Contract Price prior to this Change Order:
$ 1,935,078.44
Contract Time prior to this Change Order:
Completion Date: June 10, 2019
Increase of this Change Order:
$ 40,137.06
Increase of this Change Order:
Contract Time: 17 Days
Contract Price incorporating this Change Order:
$ 1,975,215.50
Contract Time with all approved Change Orders:
Completion Date: June 27, 2019
OWNER
By: (\1; a1�, �� k IA
(Signature)
\It \NW(
' (Print Ndme.
lit/ lq
(Title, Date)
NGIN
(Signature
Project Manager 2/22/2019
(Title, Date)
CONTRACTOR
By:(46(,*
(Signature)
Gl-h/LK t"//cc/4HI
(Print Name)
City L=I✓&,,'1I , 3 - 6 '/ y
(Title, Date)
CHANGE ORDER NO. 2
Date: March 14, 2019
Project: Mill Creek Drive West Extension
OWNER: City of Moab
ENGINEER: Civil Science, Inc.
CONTRACTOR: Harrison Oilfield Services, Inc.
The Contract is modified as follows upon execution of this Change Order:
Description: Change order from changes reflected in Work Directive Changes 5 and 6. Refer to Work Directive
Changes 5 and 6 for bid item and quantity changes.
Attachments: See attached quantities reflecting Change Order 2.
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIME
Original Contract Price:
$ 1,935,078.44
Original Contract Time: 210 Days
Completion Date: June 10, 2019
Increase from previously approved Change Orders.
$ 40,137.06
Increase from previously approved Change Orders.
Contract Time: 17 Days
Contract Price prior to this Change Order:
$ 1,975,215.50
Contract Time prior to this Change Order:
Completion Date: June 27, 2019
Increase of this Change Order:
$ 22,274.32
Increase of this Change Order:
Contract Time: 4 Days
Contract Price incorporating this Change Order:
$ 1,997,489.82
Contract Time with all approved Change Orders:
Completion Date: July 1, 2019
OWNER
By: M U 0,1(t hfti4 ti
(Signature)
Ashley Wareham
(Print Name)
Office Manager 3/15/2019
(Title, Date)
Cody Howick
(Print Name)
Project Manager, 3/14/2019
(Title, Date)
CONTRACT6
(Signature)
C-41vc.K,14 f
(Print Name)
(Title, Date)
CHANGE ORDER NO. 3
Date : May 8, 2019
Project: Mill Creek Drive West Extension
OWNER : City of Moab
ENGINEER : Civil Science , Inc.
CONTRACTOR : Harrison Oilfield Services, Inc .
The Contract is modified as follows upon execution of this Change Order:
Description : Change order from changes reflected in Work Directive Changes 7 and 8 . Refer t o Work Directive
Changes 7 and 8 for bid item and quantity changes .
Attachments : See attached quantities reflecting Change Order 3.
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price : Original Contract Time : 210 Days
S 1,935,078.44 Completion Date : June 10, 2019
Increase from previously approved Change Orders . Increase from previously approved Change Orders.
S 62,411.38 Contract Time: 21 Days
Contract Price prior to this Change Ord er: Contract Time prior to this Change Order:
$1,997,489.82 Com pletion Date : July 1, 2019
Increase of this Change Order: In crease of this Change Order:
$ 59,854.36 Cont rac t Ti me : 7 Days
Contract Price incorporating this Chan ge Or der : : C')ntract Ti me with all approved Change Orders:
'
S 2,057,344.18 l r:ompletion Date : July 8 1 2019
OWNER
(Signature)
Cli(Jv/1 V !&l--u11s
(Print Name)
(Title, Date)
ENGINEER
d;;~~
Cooy HollV, c.Jc
(Print Name)
Pfloreq /UAtJA4t/(. 3/f /f1
(Ti tl e, Da t e)
CONTRACTOR
Bv ubhil/4~
(Si gnature)
f\SftLf'f W Ft~
(Print Name)
Dfflcf MltN% fF-5/0ftq
(Ti tle, Date)
CHANGE ORDER NO. 4
Date:
Project:
OWNER:
ENGINEER:
CONTRACTOR:
September 19, 2019
Mill Creek Drive West Extension
City of Moab
Civil Science, Inc.
Harrison Oilfield Services, Inc.
The Contract is modified as follows upon execution of this Change Order:
Description: Change order from changes reflected in Work Directive Changes 9 through 10. Refer to Work
Directive Changes 9 through 10 for bid item and quantity changes. This change order also includes
changes in the final quantities required by changes in site conditions.
Attachments: See attached quantities reflecting Change Order 4.
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIME
Original Contract Price:
$1,935,078.44
Original Contract Time: 210 Days
Completion Date: June 10, 2019
Increase from previously approved Change Orders.
$ 122,265.74
Increase from previously approved Change Orders.
Contract Time: 28 Days
Contract Price prior to this Change Order:
$ 2,057,344.18
Contract Time prior to this Change Order:
Completion Date: July 8.2019
Increase of this Change Order:
$ 21,516.49
Increase of this Change Order:
Contract Time: 115 Days
Contract Price incorporating this Change Order:
$ 2,078,860.67
Contract Time with all approved Change Orders:
Completion Date: October 31, 2019
OWNER
wcig/,vw
(Signature)
CACif W 4r la
(Print Name)
CGl re 'N6/j4 4
(Title, Date)
CODY HOWICK
(Print Name)
PROJECT MANAGER, 9/19/19
(Title, Date)
CONTRACTOR
ASHLEY WAREHAM
(Print Name)
OFFICE MANAGER, 9/19/2019
(Title, Date)
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MOBIUZATION 8 DEMOBILIZATION
PROJECT SIGN & RECORD DOCUMENTS
TRAFFIC CONTROL
TEMPORARY CONTROLS
OUAUTY CONTROL & TESTING
6 CONSTRUCTION LAYOUT & STAKING
7 SITE CLEARING
8 PAVEMENT REMOVAL
9 ROADWAY EXCAVATION (PLAN QUANTITY)
t0 24' HOPE STORM DRAIN PIPE
11 30' HOPE STORM OWN PIPE
_ 12 42' HOPE STORM DRAM PIPE
13 24' PIPE OUTFALL
14 30' PIPE OUTFALL
15 4? PIPE OUTFALL
16 OUTLET ORIFICE STRUCTURE
17 3' X 3' PRECAST BOX IN/GRATE
18 4' X 4' PRECAST BOX WORATE
19 6' X 10' PRECAST BOX
20 10' PVC C900 WATER PIPE
21 I0'GATE VALVEASSEMBLY
22 MISC, WATER FITTINGS, RESTRAINTS, PIPING, & CONNECTIONS
23 FIRE HYDRANT ASSEMBLY
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10' PVC S0R35 PVC SEWER PIPE
6' PVC SDR 35 SEWER PIPE
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UNTREATED BASE COURSE (PLAN QUANTITY)
PLANT -MIX BITUMINOUS PAVING
SHARED USE 4' CONCRETE TRAIL
7 CONCRETE FLAT CURB
DETECTABLE WARNING SURFACE
LOOSE•PLACED RIPRAP
SIGN ASSEMBLY
SIGN POST & BASE
PAVEMENT MARKING PAINT
PAVEMENT MESSAGE
16' PVC CONDUIT RACEWAY
3' PVC CONDUIT RACEWAY
2' PVC CONDUIT RACEWAY
COMMERCIAL METER PEDESTAL
STREET UGHTING, CONDUCTOR 8 TIE-INS
STREET POLE 8 FIXTURE
TRAIL LIGHTING, CONDUCTOR 6 T1E-INS
TRAIL LIGHT BOUARD & FIXTURE
IRRIGATION SYSTEM _
ROCK MULCH TYPE 1 (PLAN QUANTITY)
ROCK MULCH TYPE 2 (PUN QUANTITY)
2-5' DIA BOULDER
LANDSCAPE CHECK DAM
1 GALLON SHRUB
5 GALLON SHRUB
24' BOX TREE
HYDROSEEDING (PLAN QUANTITY)
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to' WATER UNE LOOP
10' WATER UNE INSULATION
LIGHTING CONTROL SYSTEMS
POWDERCOAT HANDRAILS
ELECTRICAL SWEEPS
SOFT SPOT REPAIR
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CIVIL SCIENCE INFRASTRUCTURE
Short Form Consulting Services
Contract Modification
(Owner/Engineer Form — Revised 2017)
Modification No. 1
Date of Modification June 11, 2019
Project Name Mill Creek Drive Water Improvements Project
CS Project No. 18127.02
Contract Value* $122,200
Modification Value $33,900
Total Revised Contract Value $156,100
Contract Type: ❑ Fixed Price (Lump Sum) ® Hourly (T&M)
*Base Contract plus all previous modifications approved and executed to the date noted above
In addition to the Conditions contained herein this Contract Modification incorporates the terms and
conditions of the Engineering Services Agreement dated November 12, 2018, as executed by Civil Science
and City of Moab.
This Contract Modification incorporates the r:x.hil lts oo5.ed below:
® Exhibit A — Memo of Request for Cotat'.,;r.end!Ttent for Construction Administration
ACCEPTANCE OF CONTRACT MODIFICATION:
CIVIL SCIENCE INFRASTRUCTURE, INC. (Consultant)
CITY OF MOAB (Department)
Civil Science, Inc.
Attn: Cody Howick, PE
1453 S Dixie Dr., Suite 150
St. George, UT 84770
(435) 986-0100
chowick civilscience.com
BY*:
DATE: 6/1 7/1 9
*Must be executed by authorized company representative
City of Moab
Attn: Chuck Williams, PE
217 E Center St.
Moab, UT 84532
(435) 259-4941
cwilliams@moabcity.orq
DATE: 6//�/��
1. This Modification is to be attached and made part of the Contract or Agreement as noted above between ENGINEER and CLIENT. It has been
determined that certain modifications to the contract are required to complete the work as specified by this Contract. The CLIENT agrees to
the modification as specified herein.
2. The parties hereto agree to abide by all provisions of the original Contract as well as the provisions of any previous contract modifications.
3. This written contract modification supersedes and replaces any verbal discussions with respect to the affected changes contained within the
Modification.
Lehi, UT • St. George, UT • Twin Falfs. ID • Dickinson, ND • Williston, ND • Wooster, OH
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EXHIBIT A
Agency Percent Cash Harrison Base Contract $1,935,078.44CIB Loan 27.1% $727,000 Civil Science Base Contract $122,200.00CIB Grant 27.1% $726,241Moab 16.8% $450,000 Total Project Base Contract $2,057,278.44Grand County 19.6% $525,000SITLA 9.3% $250,000Harrison Change Orders $143,782.23Total Budget $2,678,241 Civil Science Change Orders $33,900Total Change Orders $177,682.23Harrison Contract $1,935,078.44Change Orders $143,782.23 C.O. % increase to Base 8.6%Harrison Total $2,078,860.67Total Budget $2,678,241Civil Science Contract $122,200.00Change Orders $33,900 minus Total Vendors $2,234,961Civil Science Total $156,100 Remaining Budget $443,280.33Total Vendors $2,234,960.67Attachment 3 - Mill Creek Drive West Extension Project Construction Improvements Cost Summary
Moab City Council Agenda Item
Meeting Date: February 25, 2020
Title: Acceptance of Annexation Petition from Sponsor Paul W. Jones for Lions Back
Holdings, LLC, for 3.12 acres located at approximately 938 and 940 Main Street to
Proceed with Certification Process
Presenter: Sommar Johnson, City Recorder
Attachment:
●Annexation Petition
●Annexation Flowchart
●Annexation Progress Checklist
Suggested Motion: I move to Accept the Annexation Petition from Sponsor Paul W.
Jones for Lions Back Holdings, LLC, for 3.12 acres located at approximately 938 and
940 South Main to Proceed with Certification Process.
Background/Summary:
The attached proposed annexation for Paul W. Jones is in the initial stage. I’ve attached
a flowchart for your reference that outlines the Annexation process as regulated by Utah
State Code Annotated Title 10 Chapter 2 Part 10. You will see that the first step is
acceptance of the petition by the governing body. I then have 30 days to certify the
petition. A public hearing date before the City Council will be set and the Planning
Commission will review the annexation and make a zoning recommendation to the City
Council prior to the public hearing.
In response to public comment from previous annexations, after acceptance, we will
post a notice of the proposed annexation on the property in question that will list the
Planning Commission review meeting date as well as the City Council public hearing
date.
Please let me know if you have any further questions and thank you for your
consideration.
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
Petition date:
CITY OF
MAT NMI
Cfi'Y Or MOM
FEB )(2020
__2(212":„.-Q-<---R
PETITION FOR ANNEXATION
January 29, 2020
Petition Description (Approximate Address): 938 & 940 S Main
Contact Sponsor Name: Paul W. Jones for Lions Back Holdings, LLC
Contact Sponsor Mailing Address: 4766 S Holladay Blvd, Salt Lake City, UT 84117
Contact Sponsor Phone Number: 801-930-5101
We, the undersigned, being a majority of the owners of real property in territory lying contiguous
to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and
being also the owners of more than one-third (1/3) in value of the property in said territory as
shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable
Mayor and City Council of Moab City that such territory be annexed to and become part of said
Moab City and that the corporate city limits of Moab City be extended so as to include the
territory herein below listed.
My signature on this petition may be considered as a separate petition or as part of a multiple -
petitioner petition.
Printed Name Mailing Address
Jeremy C. Pope, PO Box 1415, Midway, Utah 84049
2' Aaron Mueller, PO Box 150072, Ogden, UT 84415
3. Paul W. Jones, 4766 S. Holladay Blvd, Salt Lake City, Utah 84117
4.
Signature
5.
6.
7.
8.
9.
10.
* Moab City Code 17.12,150 Moab City —Annexation Petition
The territory referred toss erein is comprised of the following described real property in Grand
County, State of Utah, to wit:
Please attach a legal description of the proposed annexation
and an accurate recordable map prepared by a
licensed surveyor of the area proposed for annexation.
Those properties described and set forth upon the attached pages I through �! which
pages are incorporated by reference and expressly made a part of this petition.
List of Annexation Petition Attachments:
X Individual Legal descriptions for each property proposed for annexation; or
A legal description that is inclusive of all properties proposed for annexation;
An accurate, recordable map prepared by a licensed surveyor of the area(s) proposed
for annexation;
Please return this form with attachments to the Moab City Offices with an annexation petition fee of
$600.00 - as per Moab Municipal Ordinance #2019-24.
Please contact the City Recorder's Office at (435) 259-5121 if you have any questions regarding this form
or this process.
UCA 10-2-403(7) - On the date of filing, the petition sponsors shall deliver or mail a copy of the petition to the
clerk of the county in which the area proposed for annexation is located.
Moab City — Annexation Petition
LEGAL DESCRIPTIONS
Grand County, Utah (APNs 02-0012-0037 and 02-0012-0011):
Parcel 1:
A PARCEL OF LAND IN THE SE1/4NE1/4 SECTION 12, T26S, R21E SLM, GRAND
COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at a chain link fence corner post, said post bears North 17°48' West 3035.8 feet from
the Southeast corner Section 12, T26S, R21E, SLM, and proceeding thence with a chain link
fence South 44° 31' West 367.0 feet to a chain link fence corner post, thence with a chain link
fence North 65°49' West 31.0 feet, thence North 45°14' East 377.7 feet to a chain link fence;
thence with said chain link fence South 45°45' East 24.3 feet to the point of beginning. (Parcel
No. 02-0012-0037)
Parcel 2:
ALSO A DESCRIPTION OF A PARCEL OF LAND IN THE EAST Y2 SECTION 12, T26S,
R21E, SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Beginning at a point which bears North 0°05' East 83.0 feet from the Center East 1/16 of Section
12, T26S, R21E, SLM, and proceeding thence with the 1/16 line North 0°05' East 294.5 feet,•
thence North 48°33' East 216.6 feet; thence South 44°14' East 298.9 feet, thence South 45°14'
West 365.9 feet, thence North 73°05' West 116.2 feet to the point of beginning. (Parcel of 02-
0012-0037)
EXCEPTING therefrom all oil, gas and minerals.
Parcel 3:
TOGETHER WITH an access easement described as follows:
Beginning at a point which bears North 3048.3 feet, thence West 790.9 feet from the Southeast
Corner Section 12, T26S, R21E, SLM, and proceeding thence South 47°45' West 208.73 feet,
thence North 44° 14' West 8.71 feet; thence North 47°45' East 208.5 feet, thence with the
Highway R-O-W Southeast 8.71 feet to the point of beginning.
Parcel 4:
ALSO TOGETHER WITH an access and utility easement in the NE1/4 Section 12, T26S, R21E,
SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at a point which bears North 3048.3 feet thence West 790.9 feet from the Southeast
Corner Section 12, T26S, R21E, SLM, and proceeding thence South 47°45' West 208.73 feet, •
thence South 44° 14' East 11.29 feet; thence North 47°45' East 209.3 feet to the West Right -of -
Way of U.S. Highway 191; thence Northwest with said Right -of -Way, along the arc of a curve
11.29 feet to the point of beginning.
Parcel 5:
DESCRIPTION OFA PARCEL OF LAND IN THE SE1!4NE1/4, SECTION 12, T26S, R21E,
SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at the Northeast comer of the Heath Property, said corner by record bears North
3048.3 feet and West 790. feet from the Southeast corner of Section 12, Township 26 South,
Range 21 East, SLM, and proceeding thence South 4 7° 45' West 208. 73 feet to the Southeast
corner of the Heath property; thence with the Southwest line of Heath North 44°14' West 100.0
feet; thence North 47°45' East 205.4 feet to the Southwesterly Right of Way of U.S. Highway
191; thence with said Right of Way along a 4971.2 foot radius curve to the left 100.0 feet to the
point of beginning. (Parcel No. 02-0012-0011)
EXCEPTING therefrom all oil and gas.
ii
ANNEXATION CHECKLIST
ITEM DETAILS Completed
Petition Received 5-Feb-20 x
Address (adjacent to City Limits)938 & 940 South Main Street x
Contact Name Paul W. Jones for Lions Back Holdings, LLC x
Contact Phone #801-930-5101 x
Copy of Petition mailed to County Clerk & PC by applicant
Notice of PC Meeting posted on property
City Council Acceptance/Denial 25-Feb-20
Notice of Denial Mailed
Planning Commission Review
Recommended Zone
0%PC Annexation Review Received
Certification Date
Notice of Certification to City Council
Notice of Certification to Affected Entities
SPONSOR INFORMATION Notice of Certification Published
Paul W. Jones - Lions Back Holdings LLC Protest Period Ends
Protests Received
City Council Agenda to Set Public Hearing
Ordinance #
Public Hearing Date
Ordinance Approval Date
Notice of Annexation to Affected Entities
Notice of Annexation Published
Notice of Annexation mailed to Contact Sponsor
Notice of Impending Boundary Action (Annexation) mailed to Lt. Governor
Certificate of Annexation received from Lt. Governor
Annexation Recorded with County Recorder Recordation (UCA§ 10-2-425(1)(b)(i))
Requires - Original Notice of Impending Boundary Action Recordation
Requires - Original Certificate of Annexation Recordation
Requires - Approved Local Entity Plat Recordation
Requires - Original Ordinance Approving Annexation Recordation
City Zoning Map Updated
Annexation Complete!
§
0%25%50%75%100%
ADOPTION PROGRESS
Updated on: 2/20/2020 G:\Shared drives\Recorder General\Annexations\Lions Back Holdings\Annexation checklist Moab City Recorder's Office
Petitioner mails
Notice of Intent to
affected entities
START
Petitioner files
Annexation
Petition with City
Recorder
Petitioner mails
copies of
completed petition
to Co. Clerk &
Planning Chair
Moab City
Planning
Commission
Reviews &
Recommends
City Council
Reviews at next
regular meeting at
least 14 days after
filing date
Council
Accepts
Petition
Notice of Denial
mailed within 5
days to Contact
Sponsor, Co. Clerk
& Planning Chair
City Recorder
reviews Petition for
certification within
30 days of
acceptance
Petition
certified within
30 days
Council denies
petition
City Recorder mails
Notice of Certification
to City Council,
Contact Sponsor,
County Council,
Planning Chair
City Recorder rejects
petition for certification
Notice of Rejection and
reasons mailed to City
Council, Contact
Sponsor, County
Council, Planning Chair
Petition may be
modified to correct
deficiencies and
re-filed with City
Recorder
City Recorder publishes
notice of certification once
a week for three weeks no
later than 10 days after
certification
City Recorder mails notice
of certification to each
Affected Entity within 20
days of certification
County Council or Affected
Entity files protest with
Boundary Commission within
30 days of City Council Notice
of Certification – protest must
be mailed to City Recorder
City Recorder provides
copy of protest to
Boundary Commission
within 5 days of receipt
and notifies County
Council
STOP
No protests are
filed
City Recorder
publishes notice of
public hearing at
least 7 days prior
to hearing
City Council receives
Boundary
Commission’s
Decision within 30
days of conclusion of
hearing
City Council sets
Public Hearing
date
City Council holds
Public Hearing
City Council Denies
Petition
City Council Grants
Annexation by Adoption
of Ordinance
City Recorder sends
Notice of Annexation to
each Affected Entity
within 30 days of
adoption
City Recorder Records
Annexation with County
Recorder within 30 days
of adoption
City Recorder sends
written notice of
Annexation to Lt.
Governor’s Office within
30 days of adoption
Annexation
Completed
Lt. Governor issues
Certificate of
Annexation
CITY OF MOAB – ANNEXATION PROCESS
(REVISED 08/23/18)
Filed 2/5/20 We are here