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HomeMy Public PortalAboutPKT-CC-2011-01-11CITY OF MOAB January 11, 2011 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Grand County library Reference Copy Moab City Council Master Meeting Calendar* January 2011 January 2011 S M T W T F February 2011 S S M T W T F S 16 23 30 2 3 4 5 6 7 9 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 1 1 2 8 6 7 8 9 15 13 14 15 16 22 20 21 22 23 29 27 28 3 4 5 10 11 12 17 18 19 24 25 26 m N U N m N m in rn � co li N M N a m 0 M f0 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Dec26 27 28 29 30 31 Jan 1, 11 2 3 4 5 6 7 8 4:00pm 6:00pm 6:00pm 7:00pm GCWB GCAB 3:00pm 4:00pm GC Counci 5:00pm 6:00pm IQMU Boa 7:00pm 9:00pm GC Counci 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSS4 9 10 11 12 13 14 15 12:30pm 2:00pm GCCOA 12:00pm 2:00pm TRAIL 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 6:30pm 9:00pm Moab CC111 6:00pm 6:00pm 7:00pm 7:00pm GC PC 7:00pm TSSSFD 8:00pm TSSD 6:30pm 8:00pm Moab PC 7:00pm 8:00pm CVFP 16 17 18 19 20 21 22 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 4:30pm 5:00pm 6:00pm 6:00pm 5:30pm GCHPC 6:30pm GCLB 7:00pm GCSDBE 6:30pm GCRSSD V 5:30pm 6:30pm MATCAB 23 24 25 26 27 28 29 12:00pm 12:30pm MTPSC 5:00pm 6:00pm SEUDHD 6:00pm 7:00pm GC PC 6:30pm 8:00pm Moab PC 30 31 Feb 1 2 3 4 5 Moab Oty Recorder's Office 1 1/7/2011 4:37 PM *Meeting end times are approximations only Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 4th Wednesday GCLB Grand County Library Board 257 East Center Street 2nd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Tuesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Moab City Council Master Meeting Calendar* February 2011 S February 2011 M T W T F March 2011 S S M T W T F S 6 13 20 27 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 5 1 2 12 6 7 8 9 19 13 14 15 16 26 20 21 22 23 27 28 29 30 3 4 5 10 11 12 17 18 19 24 25 26 31 in a LL rn c m N to oi LL o oi LL m N 0 N o LLc2 m 2 N n LLc2 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jan 30 31 Feb 1 2 3 4 5 00p00' 00. 00. rr. rr. GC Counci Moab City Visioning 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSS4 9 10 11 12 00. 00. 00. 00. rr. 00. 00. 00. 00• r• r.m 9:00pm ewe: 'D Moab • 6:00pm 6:00pm 7:00pm 7:00pm GC PC 7:00pm TSSSFD 8:00pm TSSD 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 13 14 15 16 17 18 19 12:30pm00. •CO 00. 00. 0r. 0r. 5:00pm 6:00pm 6:00pm 6:30pm 6:30pm GCLB 7:00pm GCSDBE 6:30pm GCRSSD 8:30pm CVTC 5:30pm 6:30pm MATCAB 1 21 22 23 24 25 26 12:00pmr . 6:00pm 7:00pm GC PC 6:30pm 8:00pm Moab PC 27 28 Mar 1 2 3 4 5 Moab Oty Recorder's Office 1 1/7/2011 4:37 PM *Meeting end times are approximations only Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 4th Wednesday GCLB Grand County Library Board 257 East Center Street 2nd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Tuesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org City of Moab - Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, January 11, 2011 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for January 2011 for Helen M. Knight School SECTION 5: NEW BUSINESS 5-1 Approval of a Permanent Class III Beer License for Melodie McCandless, d.b.a. Mc's on the Corner, Located at 495 West 400 North 5-2 Approval of Local Consent for a Full Service Restaurant License for the Peace Tree Juice Cafe, Inc. Located at 20 South Main Street 5-3 Approval of a Special Event License for Canyonlands Volleyball Tournaments to Conduct a Tournament on Various Dates in January, February, March and April 2011. 5-4 Approval of Proposed Resolution #03-2011— A Resolution Approving the Form of the Equipment Lease Agreement with Zions First National Bank, Salt Lake City, Utah and Finding that it is in the Best Interests of the City of Moab, Utah to Enter into Said Agreement, and Authorizing the Execution and Delivery Thereof 5-5 Award of the City Prosecutor Services Bid 5-6 Approval of the City Prosecutor Services Contract 5-7 Approval of Proposed Resolution #01-2011— A Resolution Supporting Submittal of a Cost Sharing Proposal to the Utah Department of Transportation for the US-191 Moab North Corridor Storm Water Drainage System 5-8 Request to Send Proposed Ordinance #2011-03 — An Ordinance Vacating in Part the Planned Unit Development Plat for the Portal Park Subdivision P.U.D. and Rezoning Portion of the Subject Property to the R-4 Zoning Designation to Public Hearing 5-9 Approval of Proposed Ordinance #2011-04 — An Ordinance Amending the City of Moab Municipal Code, Title 5.00, Business Licenses and Specifically Amending Chapter 5.04C 5-10 Approval of Proposed Ordinance #2011-05 — An Ordinance Amending Code Chapter 16.24.020, Design Standards Specified, Detailing Required Connectivity of Trails and Walkways and Establishing the Widths of Sidewalks in Each Zoning District 5-11 Approval of a Request to Send Proposed Resolution #02-2011— A Resolution of the City of Moab Amending the Fiscal Year 2010-2011 Annual Budget to Public Hearing 5-12 Approval of a Request by the Grand County School District for a Waiver of Development Application Fees in an Amount Not to Exceed $350.00 SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org DATE PAID: AMOUNT PAID: RECEIPT NO.: I►Ittp�lC� low 3-7y0 % CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: ❑ CLASS II FEE: ❑ PRIVATE CLUB IhttLASS III FEE: ❑ CLASS IV FEE: LICENSE #: $180.00 $180.00 $650.00 $80.00 $80.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: HOME ADDRESS: V SOCIAL SECURITY NUMBER: DRIVER LICE WEIGHT: y�� ,, HOME PHONE: 455 ' LS-1-6� CITY: I STATE: ZIP: -3 DATE OF BIRTH: BUSINESS INFORMATION BUSINESS NAME: BUSINESS ADDRESS: LOG l-4 400 0 l c1 BUSINESS MAILING ADDRESS: 941 {4v, ►1ket &s CITY: I t `oGuej SALES TAX ID #: BUSINESS PHONE: `' �35'- ZZ O D STATE: La- ZIP: 91.1S32 WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) ❑ CLASS I ❑ CLASS II ❑ PRIVATE CLUB CLASS III ❑ CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? 19'NO ❑ YES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: FAACLW e t 5c rS j %o►-re'Yta i VAI: It *Beer application is for 3.2% by weight only. Also requires a State license. Page 11 of 38 09/21 85 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. {^- Applicant's Signature STATE OF UTAH COUNTY OF GRAND /46 -e. A d Adr ss , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this day of d yes, .6-r-- --)rA".dfx-2.21:-/ , 20 i0 Not:; Public Page 12 of 38 5-1 01/07/2011 FRI 10:44 FAX Z 002/002 "FULL -SERVICE RESTAURANT LIQUOR LICENSE" LOCAL CONSENT Date: i — CD — 1 Attn: DABC Licensing & Compliance Section AA D ai0 , X] City [ ] Town [ ] County hereby rants its consent too the issuance of a full -service restaurant liquor license to: Business Name: C_ C.e- Suui , c • Applicant / Business Owner: Vakr,,Q,V) V\J /Vl p I Location Address: 0 Go. Ct. i ✓1 C)f • 1 M U olio Pursuant to the provisions of Utah Codc 32A-4, Part 1, this license allows for the storage, sale and consumption of liquor on the premises. [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32A-4-101(4), the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church. public library, public playground, or park. Authorized Signature Print Name / Title This is a suggested form. A city, town, or county's own form is acceptable. Local consent may be faxed to the DABC at 801.977-6889 or mailed to: Department of Alcoholic beverage Control PO Box 30408 Salt Lake City, [JT 84130-0408 5-2 Lar.,..4..n Mm. 17 Irmo /.. Q lc I A\ DATE PAID: AMOUNT PAID: RECEIPT NO.: ITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET Moab, UTAH 84532 (435) 259-5121 f FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80.00 LICENSE #: ZONE: Ca �� NAME OF EVENT: J_r1 L/1 YnIrF l ray .{ Lam, 1 / Oi ( t. ! » cCtrva DESCRIPTION OF EVENT: t we um P� r„ tj pk_R r,(V eht, ('I :1±.1 Ke c . ni f p f'V15 d- � ; 1n� )G, Mtutlo LOCATION OF EVENT: PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED (If AL1Y): �Iart, 21 /2i r_ cb It) (.1 , FcG irl19 70,04- G ?s/2�, ANTICIPATED # OF EVENT PARTICIPANTS: Ye '+O t Sb DATE(S) AND TIME(S) OF EVENT: EVENT SPONSOR'S NAME: CLti /CG�,� f r)6 /(ec ybal � /Et�S-C Ct Gt.'Is19 to PHONE: SPONSOR'S ADDRESS: '( �I d CiLY: �nca) STATE: Ulf__� ZIP: (fS159Z SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY win -lour FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. INVE ectr•yon kuicks U D I(W b( tt A SSOC10HEREBY AGREE TO CONDUCT SAID SPECIAL EVEN' STRICTLY IN ACCORDANCE WITH THE MOAB LEAS PRINTfi„t Gz�� 5� CITY SPECIAL EVENT LICENSE REGULATIONS AS : F iRTH IN THE t;ITV CODE, ORDINAM:ES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. uVVE UNDERSTAND THIS LICENSE IS NON-TR; NSFERABLE AND VALID ONLY FOR THE ABOVE MENTLONED LOCATION AND SPONSOR. Uslgna� re of ponsor 1 uata:e0 I I State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this �_.._ day of Pvh4401 , 20 // NOTARY PUBLIC SEE BACK 1F FORM FOR ADDITIONAL RF ,t;;.:�m0NTS! 5-3 CiTY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHoNE: (435) 259-5121 FAx: (435) 259-4135 NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: FOR ZONING OFFICE USE ONLY PARKING: %‹.1 ell MOAB CITY CODE: O� SIGN PERMIT: V41`- MOVED -ON NECESSARY: ❑ YES 0-'NO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES NO REVIEWED BY ZONING ADMINISTRATOR: DATE: IGNATURE BUSINESS NAME:—ONA 141,t ( Si, )4(2.1( ��SOCIeAA-1 d'-t BUSINESS(( C � 2 LOCATION: ZONE: I F �/ � 0 cd4 DETAILED DESCRIPTION OF BUSINESS ACTIVITY: (-5("r(e c �1 (/ t_ 1/DI ( C,U aeLl ( '-Dk-K_V--r\c-erv^ev\--k- 'S /611 06/16/05 5-3 Resolution #03-2011 The resolution was then signed by the Moab City Council in open meeting and recorded by the Moab City Recorder. The resolution is as follows: A resolution approving the form of the Equipment Lease Agreement with Zions First National Bank, Salt Lake City, Utah. Finding that it is in the best interests of City of Moab, Utah to enter into said Agreement, and authorizing the execution and delivery thereof. Whereas, the City Council (the "Governing Body") has determined that a true and very real need exists for the leasing of the equipment described in the Equipment Lease Agreement presented to this meeting; and Whereas, the Governing Body has reviewed the form of the Equipment Lease Agreement and has found the terms and conditions thereof acceptable to City of Moab, Utah; and Whereas, the Governing Body has taken the necessary steps including any legal bidding requirements, under applicable law to arrange for the leasing of such equipment under the Equipment Lease Agreement. Be it resolved by the Governing Body of City of Moab, Utah as follows: Section 1. The terms of said Equipment Lease Agreement are in the best interests of City of Moab, Utah for the leasing of the equipment described therein. Section 2. The Mayor and City Recorder/Asst. City Manager are hereby authorized to execute and deliver the Equipment Lease Agreement and any related documents necessary to the consummation of the transactions contemplated by the Equipment Lease Agreement for and on behalf of City of Moab, Utah. Section 3. The officers of the Governing Body and City of Moab, Utah are hereby authorized and directed to fulfill all obligations under the terms of the Equipment Lease Agreement. Adopted and approved this 11t' day of January, 2011. By Dave Sakrison, Mayor Attest: By Rachel Ellison, City Recorder/Asst. City Manager [SEAL 19 5-4 LEASE PURCHASE AGREEMENT This equipment lease (the "Lease") dated as of January 25, 2010, by and between Zions First National Bank, One South Main Street, Salt Lake City, Utah 84111 ("Lessor"), and City of Moab, Utah ("Lessee") a body corporate and politic existing under the laws of the State of Utah. This Lease includes all Exhibits hereto, which are hereby specifically incorporated herein by reference and made a part hereof. Now therefore, for and in consideration of the mutual promises, covenants and agreements hereinafter set forth, the parties hereto agree as follows: ARTICLE I Lease Of Equipment Section 1.1 Agreement to Lease. Lessor hereby demises, leases, and lets to Lessee and Lessee rents, leases and hires from Lessor, the "Equipment" (as hereinafter defined), to have and to hold for the term of this Lease; provided, however, that the obligation of Lessor to lease any item of the Equipment and to make payment to the Vendor therefor is subject to the condition precedent that Lessee shall provide the following at its cost, in form and substance satisfactory to Lessor: (i) Evidence satisfactory to Lessor as to due compliance with the insurance provisions of Section 10.2 hereof; (ii) Invoice of the Vendor of such item of Equipment; and (iii) Delivery And Acceptance Certificate in the form attached hereto as Exhibit "E" executed by Lessee acknowledging delivery to and acceptance by Lessee of such item of Equipment. Section 1.2 Title. During the term of this Lease, title to the Equipment will be transferred to, and held in the name of, Lessee, subject to retransfer to Lessor as provided in Section 3.4. Upon termination of this Lease as provided in Sections 3.3 (a) or 3.3 (c), title to the Equipment will transfer automatically to Lessor without the need for any further action on the part of Lessor, Lessee, or any other person, provided that if any action is so required, Lessee by this Lease appoints Lessor its irrevocable attorney in fact to take any action to so transfer title to the Equipment to Lessor. Lessor at all times will have access to the Equipment for the purpose of inspection, alteration, and repair. Section 1.3 Security. To secure the payment of all of Lessee's obligations to Lessor under this Lease, Lessee grants to Lessor a security interest in the Equipment and in all additions, attachments, accessions, and substitutions to or for the Equipment. The security interest granted herein includes proceeds. Lessee agrees to execute such additional documents, including financing statements, affidavits, notices, and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or advisable to establish and maintain its security interest in the 1 Equipment. Lessor understands and agrees that the security interest granted in this Section shall be subject and subordinate to presently existing security interests and/or purchase money security interests in miscellaneous equipment which may be installed in accordance with the provisions of Section 9.3. ARTICLE II Definitions The terms defined in this Article II shall, for purposes of this Lease, have the meaning herein specified unless the context clearly otherwise requires: "Business Day" shall mean any day except Saturday, Sunday and legal holidays on which banks in the State of Utah are closed. "Code" means the Internal Revenue Code of 1986, as amended. "Commencement Date" shall mean the date when the term of this Lease begins and Lessee's obligation to pay rent accrues, as set forth in Section 3.1. "Equipment" shall mean the property which Lessor is leasing to Lessee referred to in Section 1.1 and more fully described in Exhibit "A." "Lessee" shall mean City of Moab, Utah. "Lessor" shall mean Zions First National Bank, Salt Lake City, Utah, its successors and assigns. "Option Purchase Price" shall mean the amount which Lessee must pay Lessor to purchase the Equipment, as determined by Article V. "Original Term" shall mean the period from the Commencement Date until the end of the fiscal year of Lessee in effect at the Commencement Date, as set forth in Section 3.2. "Principal Outstanding" means the remaining unpaid principal outstanding under this Lease as specified on Exhibit "C" attached hereto. "Renewal Terms" shall mean all of the additional periods of one year (coextensive with Lessee's fiscal year) for which this Lease shall be effective in the absence of a termination of the Lease as provided in Article III. "Rental Payment Date" means the dates upon which Rental Payments are to be made by the Lessee to the Lessor hereunder as specified on Exhibit "C" attached hereto. "Rental Payments" means the rental payments payable by Lessee pursuant to the provisions of this Lease during the Term hereof. 2 "Term" or "Term of this Lease" shall mean the Original Term and all Renewal Terms provided for in this Lease under Section 3.2. "Vendor" shall mean the manufacturer of the Equipment and the manufacturer's agent or dealer from whom Lessor purchased or is purchasing the Equipment. ARTICLE III Lease Term Section 3.1 Commencement. The Term of this Lease shall commence as of: the date this Lease is executed. days after the receipt, installation, and operation of the Equipment, and its acceptance by Lessee, as indicated by an acceptance certificate signed by Lessee. the date the Vendor receives full payment for the Equipment from Lessor. X January 25, 2010. Such date will be referred to as the Commencement Date. Section 3.2 Duration of Lease: Nonappropriation. This Lease will continue until the end of the fiscal year of Lessee in effect at the Commencement Date (the "Original Term"). Thereafter, this Lease will be automatically extended for three (3) successive additional periods of one year coextensive with Lessee's fiscal year (each, a "Renewal Term"), unless this Lease is terminated as hereinafter provided. The parties understand that as long as Lessee has sufficient appropriated funds to make the Rental Payments hereunder, Lessee will keep this Lease in effect through all Renewal Terms and make all payments required herein or Lessee will exercise its option under Article V to purchase the Equipment. Lessee hereby declares that, as of the date of the execution of this Lease, Lessee currently has an essential need for the Leased Equipment which is the subject of this Lease to carry out and give effect to the public purposes of Lessee. Lessee reasonably believes that it will have a need for the Equipment for the duration of the Original Term and all Renewal Terms. If Lessee does not appropriate funds to continue the leasing of the Equipment for any ensuing Renewal Term, this Lease will terminate upon the expiration of the Original or Renewal Term then in effect and Lessee shall notify Lessor of such termination at least ten (10) days prior to the expiration of the Original or Renewal Term then in effect; provided, however, that a failure to give such written notice shall not constitute an event of default, result in any liability on the part of the Lessee or otherwise affect the termination of this Lease as set forth hereinabove. Section 3.3 Termination. This Lease will terminate upon the earliest of any of the following events: 3 (a) the expiration of the Original Term or any Renewal Term of this Lease and the failure of Lessee to appropriate funds to continue the leasing of the Equipment for the ensuing Renewal Term; (b) the exercise by Lessee of any option to purchase granted in this Lease by which Lessee purchases all of the Equipment; (c) a default by Lessee and Lessor's election to terminate this Lease under Article VII herein; or (d) the expiration of the Term of this Lease. Section 3.4 Return of Equipment Upon Termination. Upon termination of this Lease pursuant to Sections 3.3 (a) or 3.3 (c), Lessee shall return the Equipment to Lessor in the condition, repair, appearance and working order required in Section 9.2 hereof in the following manner as may be specified by Lessor: (a) By delivering the Equipment to Lessor at Lessee's principal place of business; or (b) By loading the Equipment at Lessee's cost and expense, on board such carrier as Lessor shall specify and shipping the same, freight prepaid, to the destination designated by Lessor. Lessee shall obtain all governmental authorizations to permit return of the Equipment to Lessor and Lessee shall pay to Lessor such sum as may be necessary to cover replacement of all broken or missing parts. ARTICLE IV Rental Payments Section 4.1 Amount. Lessee will pay Lessor as rent for the use of the Equipment during the Original Term and any Renewal Terms on the dates and in the amounts set forth in Exhibit "C" attached hereto. All Rental Payments shall be paid, exclusively from legally available funds, in lawful money of the United States of America to Lessor at or to such other person or entity or at such other place as Lessor may from time to time designate by written notice to Lessee. Section 4.2 Portion of Rental Payments Attributable to Interest. The portion of each Rental Payment which is paid as and is representative of interest is set forth in Exhibit "C" attached hereto. Section 4.3 No Right to Withhold. Notwithstanding any dispute between Lessee, Lessor, Vendor or any other party, Lessee will make all Rental Payments when due, without withholding any portion of such rent, pending final resolution of such dispute by mutual agreement between the parties thereto or by a court of competent jurisdiction. 4 Section 4.4 Rental Payments to Constitute a Current Obligation of the Lessee. The Lessee and the Lessor acknowledge and agree that the obligation of the Lessee to pay Rental Payments hereunder constitutes a current obligation of the Lessee payable exclusively from current and legally available funds and shall not in any way be construed to be an indebtedness of the Lessee within the meaning of any provision of Sections 10-8-6 or 11-1-1 through 11-1-2, Utah Code Annotated 1953, as amended, or Section 3, 4, or 5 of Article XIV of the Utah Constitution, or any other constitutional or statutory limitation or requirement applicable to the Lessee concerning the creation of indebtedness. The Lessee has not hereby pledged the credit of the Lessee to the payment of the Rental Payments, or the interest thereon, nor shall this Lease obligate the Lessee to apply money of the Lessee to the payment of Rental Payments beyond the then current Original Term or Renewal Term, as the case may be, or any interest thereon. ARTICLE V Purchase Of Equipment Section 5.1 Option Purchase Price. On any Business Day on or after January 25, 2010, Lessee may purchase the Equipment from Lessor at a price equal to the principal amount outstanding on the Rental Payment Date immediately preceding the date of calculation (unless such date is a Rental Payment Date, in which case, the principal amount outstanding as of such date), plus accrued interest from such Rental Payment Date to such date of calculation at the rate of interest per annum in effect for the period during which the calculation is made, as set forth in Exhibit "C." Section 5.2 Manner of Exercise of Option. To exercise the option, Lessee must deliver to Lessor written notice specifying the date on which the Equipment is to be purchased (the "Closing Date"), which notice must be delivered to Lessor at least thirty (30) days prior to the Closing Date specified therein. At the closing, Lessor will deliver to Lessee a bill of sale transferring the Equipment to Lessee free and clear of any lien or encumbrance created by or arising through Lessor, but without warranties, and will deliver all warranties and guarantees of Vendors of the Equipment. Section 5.3 Conditions of Exercise of Option. Lessee may purchase the Equipment pursuant to the option granted by this Lease only if Lessee has made all Rent Payments when due (or has remedied any defaults in the payment of rent, in accordance with the provisions of this Lease) and if all other representations, covenants, warranties, and obligations of Lessee under this Lease have been satisfied (or all breaches of the same have been waived by Lessor in writing). Section 5.4 Termination Purchase. Upon the expiration of the Term of the Lease and provided that the conditions of Section 5.3 have been satisfied, Lessee shall be deemed to have purchased the Equipment (without the payment of additional sums) and shall be vested with all rights and title to the Equipment. Lessor agrees that upon the occurrence of the events as provided in this Section, it shall deliver to Lessee the documents specified in Section 5.2, and shall comply with the provisions of Section 5.2 relating to termination upon exercise of the option to purchase. 5 ARTICLE VI Representations, Covenants, And Warranties Of Lessee And Lessor Section 6.1 Representations, Covenants and Warranties of Lessee. Lessee represents, covenants, and warrants as follows: (a) Lessee is a body corporate and politic, duly organized and existing under the Constitution and laws of the State of Utah. (b) Lessee is authorized by the Constitution and laws of the State of Utah to enter into this Lease and to effect all of Lessee's obligations hereunder. The governing body of Lessee has executed the resolution attached as Exhibit `B" to this Lease which specifically authorizes Lessee to execute and deliver this Lease. (c) All procedures and requirements, including any legal bidding requirements, have been met by Lessee prior to the execution of this Lease in order to insure the enforceability of this Lease and all rent and other payment obligations will be paid out of funds legally available for such purpose. (d) The governing body of Lessee has complied with all applicable open public meeting and notice laws and requirements with respect to the meeting at which Lessee's execution of this Lease was authorized, as evidenced by the certificate of open meeting law attached to the Resolution of Governing Body which is attached hereto as Exhibit `B." (e) The letter attached to this Lease as Exhibit "D" is a true opinion of Lessee's counsel. (f) Lessee will use and service the Equipment in accordance with Vendor's instructions and in such a manner as to preserve all warranties and guarantees with respect to the Equipment. (g) During the term of this Lease, the Equipment will be used by Lessee only for the purpose of performing one or more governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority. (h) The representations, covenants, warranties, and obligations set forth in this Article are in addition to and are not intended to limit any other representations, covenants, warranties, and obligations set forth in this Lease. (i) The Equipment shall be used solely by Lessee and shall not be subject to any direct or indirect private business use. (j) Lessee covenants and certifies to and for the benefit of Lessor throughout the term of this Lease that: 6 (1) No use will be made of the proceeds of this Lease, or any funds or accounts of Lessee which may be deemed to be proceeds of this Lease, which use, if it had been reasonably expected on the date of execution of this Lease, would have caused this Lease to be classified as an "arbitrage bond" within the meaning of Section 148 of the Code; (2) Lessee will at all times comply with the rebate requirements of Section 148(f), to the extent applicable; (3) in order to preserve the status of this Lease as other than a "private activity bond" as described in Sections 103(b)(1) and 141 of the Code, as long as this Lease is outstanding: (I) none of the proceeds of this Lease or the Equipment financed therewith shall be used for any "private business use" as that term is used in Section 141(b) of the Code and defined in Section 141(b)(6) of the Code; and (II) no part of this Lease shall be secured in whole or in part, directly or indirectly, by any interest in any equipment used in any such "private business use" or by payments in respect of such equipment, and shall not be derived from payments in respect of such equipment; (4) it will not take any action or omit to take any action such that would cause interest on this Lease to become ineligible for the exclusion from gross income of Lessor as provided in Section 103 of the Code. (k) The obligations of Lessee under this lease are not federally guaranteed within the meaning of Section 149(b) of the Code. (1) This Lease is being executed for the purpose of acquiring the Equipment and is not being issued to refund or refinance any outstanding obligation of Lessee, nor to reimburse Lessee for any expenditures made prior to sixty (60) days before the date the Governing Body (as defined in the Resolution of the Governing Body attached hereto) of the Lessee adopted the Resolution of the Governing Body attached hereto. (m) In compliance with Section 149 (e) of the Code relating to information reporting, Lessee has caused or will cause to be filed with the Internal Revenue Service, IRS form 8038—G or 8038—GC, as appropriate. (n) Lessee has selected the Equipment and desires to lease the Equipment for use in the performance of its governmental or proprietary functions. Lessor, at Lessee's request, has ordered or shall order the Equipment and shall lease the same to Lessee as herein provided, Lessor's only role being the facilitation of the financing of the Equipment for the Lessee. Lessor will not be liable for specific performance or for damages if the supplier or manufacturer of the Equipment for any reason fails to fill, or delays in filling, the order for the Equipment. Lessee acknowledges that Lessor is not a manufacturer of or a dealer in the Equipment (or similar equipment) and does not inspect the Equipment prior to delivery to Lessee. Lessee agrees to accept the Equipment and authorizes Lessor to add the serial number of the Equipment to Exhibit "A." Lessor shall have no obligation to install, erect, test, inspect, or service the Equipment. For purpose of this Lease and of any purchase of the Equipment 7 5-4 effected under this Lease, Lessor expressly disclaims any warranty with respect to the condition, quality, durability, suitability, merchantability or fitness for a particular purpose of the Equipment in any respect, and any other representation, warranty, or covenant, express or implied. Lessor will not be liable to Lessee for any liability, loss, or damage caused or alleged to be caused, directly or indirectly, by any inadequacy, deficiency, or defect in the equipment, or by any use of the equipment, whatsoever. Lessor assigns to Lessee, without recourse, for the Term of this Lease all manufacturer warranties and guarantees, express or implied, pertinent to the Equipment, and Lessor directs Lessee to obtain the customary services furnished in connection with such guarantees and warranties at Lessee's expense, subject to Lessee's obligation to reassign to Lessor all such warranties and guarantees upon Lessor's repossession of the Equipment. (o) During the term of this Lease, Lessee covenants and agrees (1) to include in its annual tentative budget prepared by the appropriate officials acting on behalf of Lessee in accordance with applicable law an item for expenditure of an amount necessary to pay the Rental Payments for the Equipment during the next succeeding Renewal Term, and (2) to take such further action (or cause the same to be taken) as may be necessary or desirable to assure that the final budget submitted to the governing body of Lessee for its consideration seeks an appropriation of moneys sufficient to pay such Rental Payments. (p) (q) There are no legal or governmental proceedings or litigation pending or, to the best knowledge of Lessee, threatened or contemplated (or any basis therefore) wherein an unfavorable decision, ruling or finding might adversely affect the transactions contemplated in or the validity of this Lease Lessee has never non -appropriated or defaulted under any of its payment or performance covenants, either under any municipal lease of the same general nature as this Lease or under any of its bonds, notes or other debt obligations for which its general credit or revenues are pledged. Section 6.2 Representations, Covenants and Warranties of Lessor. Lessor represents, covenants, and warrants as follows: (a) During the term of this Lease, Lessor will provide Lessee with quiet use and enjoyment of the Equipment, without suit, trouble, or hindrance from Lessor, except upon default by Lessee as set forth in this Lease. (b) Lessor has not caused to be created any lien or encumbrance on the Equipment except the security interest provided in Section 1.3 of this Lease. 8 ARTICLE VII Events Of Default And Remedies Section 7.1 Events of Default Defined. The following shall be "events of default" under this Lease and the terms, "event of default" and "default" shall mean, whenever they are used in this Lease, any one or more of the following events: (a) Failure by Lessee to pay any Rental Payment or other payment required to be paid hereunder at the time specified herein; and (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in Section 7.1 (a), for a period of 30 days after written notice, specifying such failure and requesting that it be remedied as given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected. The foregoing provisions of this Section 7.1 are subject to (i) the provisions of Section 3.2 hereof with respect to nonappropriation; and (ii) if by reason of force majeure Lessee is unable in whole or in part to carry out its agreement on its part herein contained, other than the obligations on the part of Lessee contained in Article IV hereof, Lessee shall not be deemed in default during the continuance of such inability. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or of the state wherein Lessee is located or any of their departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms, droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Lessee. Section 7.2 Remedies on Default. Whenever any event of default referred to in Section 7.1 hereof shall have happened and be continuing, Lessor shall have the right, at its sole option without any further demand or notice to take one or any combination of the following remedial steps: (a) With or without terminating this Lease, retake possession of the Equipment and sell, lease or sublease the Equipment for the account of Lessee, holding Lessee liable for the difference between (i) the rents and other amounts payable by Lessee hereunder to the end of the then current Original Term or Renewal Term, as appropriate, and (ii) the purchase price, rent or other amounts paid by a purchaser, lessee or sublessee of the Equipment pursuant to such sale, lease or sublease; and 9 5-4 (b) Take whatever action at law or in equity may appear necessary or desirable to enforce its rights as the owner of the Equipment. Section 7.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article VII it shall not be necessary to give any notice, other than such notice as may be required in this Article VII. Section 7.4 Waiver of Certain Damages. With respect to all of the remedies of Section 7.2 above, Lessee expressly waives any damages occasioned by Lessor's repossession of the Equipment. ARTICLE VIII Payment Of Taxes, Fees, Permits, And Utility Services Section 8.1 Interpretation. This Lease for all purposes will be treated as a net lease. Section 8.2 Taxes and Fees. Lessee agrees to pay and to indemnify and hold Lessor harmless from, all license, sales, use, personal property, and other taxes and fees, together with any penalties, fines, and interest on such taxes and fees imposed or levied with respect to the Equipment and the ownership, delivery, lease, possession, use, operation, sale, and other disposition of the Equipment, and upon the rental or earnings arising from any such disposition, except any federal or state income taxes payable by Lessor on such rental or earnings. Lessee may in good faith and by appropriate proceedings contest any such taxes and fees so long as such proceedings do not involve any danger of sale, forfeiture, or loss of the Equipment or of any interest in the Equipment. Section 8.3 Permits. Lessee will provide all permits and licenses necessary for the installation, operation, and use of the Equipment. Lessee will comply with all laws, rules, regulations, and ordinances applicable to the installation, use, possession, and operation of the Equipment. If compliance with any law, rule, regulation, ordinance, permit, or license requires changes or additions to be made to the Equipment, such changes or additions will be made by Lessee at its own expense. Section 8.4 Utilities. Lessee will pay all charges for gas, water, steam, electricity, light, heat or power, telephone, or other utilities furnished to or used in connection with the Equipment (including charges for installation of such services) during the term of this Lease. There will be no abatement of rent on account of the interruption of any such services. 10 ARTICLE IX Use, Repairs, Alterations, And Liens Section 9.1 Use. Lessee will not install, use, operate, or maintain the Equipment improperly, carelessly, in violation of any applicable law, or in a manner contrary to that contemplated by this Lease. Lessee agrees that the Equipment is and at all times will remain personal property not withstanding that the Equipment or any part of the Equipment may now or hereafter become affixed in any manner to real property or to any building or permanent structure. Section 9.2 Repairs. Lessee at its own cost will service, repair, and maintain the Equipment so as to keep the Equipment in as good condition, repair, appearance, and working order as when delivered to and accepted by Lessee under this Lease, ordinary wear and tear excepted. At its own cost, Lessee will replace any and all parts and devices which may from time to time become worn out, lost, stolen, destroyed damaged beyond repair, or rendered unfit for use for any reason whatsoever. All such replacement parts, mechanisms, and devices will be free and clear of all liens, encumbrances, and rights of others, and immediately will become a part of the Equipment and will be covered by this Lease (for all purposes including the obligation of Lessee to retransfer title to Lessor under Section 1.2 herein) to the same extent as the Equipment originally covered by this Lease. Section 9.3 Alterations. Lessee may install such miscellaneous equipment as may be necessary for use of the Equipment for its intended purposes so long as either (a) the installation of such equipment does not alter the function or manner of operation of the Equipment, or (b) Lessee, upon termination of this Lease (other than termination pursuant to Section 3.3(b) or (d), restores the Equipment to its function and manner of operation prior to the installation of such equipment. Subject to the obligations described above, Lessee may remove such equipment upon termination of this Lease, if the removal of such equipment will not substantially damage the Equipment. Without the prior written consent of Lessor, Lessee will not make any other alterations, changes, modifications, additions, or improvements to the Equipment except those needed to comply with Lessee's obligations to change, add to, or repair the Equipment as set forth in Sections 9.2 and 10.3 herein. Any alterations, changes, modifications, additions, and improvements made to the Equipment, other than miscellaneous equipment installed as set forth above, immediately will become a part of the Equipment and will be covered by this Lease (for all purposes, including the obligation of Lessee to retransfer title to Lessor under Section 1.2 herein) to the same extent as the Equipment originally covered by this Lease. Section 9.4 Liens. Except with respect to the security interest provided in Section 1.3 hereof, Lessee will not directly or indirectly create, incur, assume, or suffer to exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to the Equipment or any interest in the Equipment. Lessee promptly and at its own expense will take such action as may be necessary to duly discharge any mortgage, pledge, lien, charge, encumbrance, or claim, not excepted above, if the same arises at any time. 11 ARTICLE X Indemnification, Insurance, And Damage To Or Destruction Of The Equipment Section 10.1 Indemnification. Lessee assumes liability for and agrees to indemnify Lessor from and against any and all liability (including attorney's fees) of any nature imposed upon, incurred by, or asserted against Lessor which in any way relates to or arises out of ownership, delivery, lease, possession, use, operation, condition, sale, or other disposition of the Equipment. Notwithstanding anything contained in this Section to the contrary, Lessor shall not be indemnified for, or relieved of, any liability which may be incurred from Lessor's breach of this Lease. Section 10.2 Insurance. Lessee at Lessor's option will either self insure, or at its cost, will cause casualty insurance, public liability insurance, and property damage insurance to be carried and maintained on the Equipment, with all such coverages to be in such amounts sufficient to cover the value of the Equipment at the commencement of this Lease (as determined by the purchase price paid by Lessor for the Equipment), and to be in such forms, to cover such risks, and with such insurers, as are acceptable to Lessor. A combination of self—insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Lessor to be the named insured on such policies as its interest under this Lease may appear. Insurance proceeds from insurance policies or budgeted amounts from self—insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Lessor to the extent of the sum of the Option Purchase Price of the Equipment at the time of its damage or destruction and all amounts due and owing hereunder. Lessee will deliver to Lessor the policies or evidences of insurance satisfactory to Lessor, if any, together with receipts for the initial premiums before the Equipment is delivered to Lessee. Renewal policies, if any, together with receipts showing payment of the applicable premiums will be delivered to Lessor at least thirty (30) days before termination of the policies being renewed. By endorsement upon the policy or by independent instrument furnished to Lessor, such insurer will agree that it will give Lessor at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workmen's compensation insurance covering all employees working on, in, or about the Equipment, and will require any other person or entity working on, in, or about the Equipment to carry such coverage, and will furnish to Lessor certificates evidencing such coverages throughout the Term of this Lease. Section 10.3 Damage to or Destruction of the Equipment. If all or any part of the Equipment is lost, stolen, destroyed, or damaged, Lessee will give Lessor prompt notice of such event and will, to the extent permitted by law, repair or replace the same at Lessee's cost within thirty (30) days after such event, and any replaced Equipment will be substituted in this Lease by appropriate endorsement. All insurance proceeds received by Lessor under the policies required under Section 10.2 with respect to the Equipment lost, stolen, destroyed, or damaged, will be paid to Lessee if the Equipment is repaired or replaced by Lessee as required by this Section. If Lessee fails or refuses to make the required repairs or replacement, such proceeds will be paid to Lessor to the extent of the then remaining portion of the Rental Payments to become due during the Term of this Lease less that portion of such Rental Payments attributable to interest which will not then have accrued. No loss, theft, destruction, or damage to the Equipment will impose any obligation on Lessor under this Lease, and this Lease will continue in full force and effect 12 regardless of such loss, theft, destruction, or damage. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss, theft, destruction, or damage to the Equipment and for injuries or deaths of persons and damage to property however arising, whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such damage to property be to Lessee's property or to the property of others. ARTICLE XI Miscellaneous Section 11.1 Assignment and Sublease by Lessee. Lessee may not assign, transfer, pledge, or encumber this Lease or any portion of the Equipment (or any interest in this Lease or the Equipment), or sublet the Equipment, without the prior written consent of Lessor. Consent to any of the foregoing acts shall not constitute a consent to any subsequent like act by Lessee or any other person. Lessee agrees that Lessor may impose on the Equipment such plates or other means of identification as necessary to indicate that the Equipment is subject to this Lease and the restrictions set forth in this Section. Section 11.2 Assignment by Lessor. The parties hereto agree that all rights of Lessor hereunder may be assigned, transferred or otherwise disposed of, either in whole or in part; provided that (1) notice of any such assignment, transfer or other disposition is given to Lessee at least five (5) days prior thereto; (2) prior to any such assignment, transfer or other disposition, the name and address of the assignee or transferee must be registered on registration books maintained by Lessee for this Lease; and (3) prior to any such assignment, transfer or other disposition, this Lease must be surrendered to Lessee and the interest of any such assignee or transferee indicated on the face hereof and after such notation hereon, Lessee will redeliver this Lease to the new owner or owners hereof. Lessee shall maintain registration books for this Lease and shall be obligated to make the payments required hereby, including principal and interest payments, solely to the registered owner or owners hereof. Section 11.3 Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or fails to satisfy any representation, covenant, warranty, or obligation contained herein or imposed hereby, Lessor may (but need not) make such payment or satisfy such representation, covenant, warranty, or obligation, and the amount of such payment and any expenses incurred by Lessor, as the case may be, together with interest thereon as herein provided, will be deemed to be additional rent payable by Lessee on Lessor's demand. Section 11.4 Addresses. All notices to be given under this Lease will be made in writing and mailed or delivered by registered or certified mail, return receipt requested to the following addresses until either Lessee or Lessor gives written notice to the other specifying a different address: (a) if to Lessee, at City of Moab, Utah, City Center, 217 E. Center, Moab, UT 84532. Attention: Rachel Ellison. 13 5-4 (b) if to Lessor, at Zions First National Bank, One South Main Street, Salt Lake City, Utah, 84111. Attention: Public Financial Services. Section 11.5 Manner of Payment. All payments by Lessee will be made in cash, by certified or cashier's check, or by other manner acceptable to Lessor. Section 11.6 Nonwaiver. No breach by Lessee in the satisfaction of any representation, covenant, warranty, or obligation contained herein or imposed hereby may be waived except by the written consent of Lessor, and any such waiver will not operate as a waiver of any subsequent breach. Forbearance or indulgence by Lessor in any regard whatsoever shall not constitute a waiver of the covenant or obligation and until complete performance by Lessee of said covenant or obligation Lessor shall be entitled to invoke any remedy available to it under this Lease despite said forbearance or indulgence. No collection of rent shall operate as a waiver of any default. Section 11.7 Severance Clause. Any provision in this Lease which is prohibited by Law will be treated as if it never were a part of this Lease, and the validity of the remaining terms of this Lease will be unaffected. Section 11.8 Entire Agreement; Addendum. This Lease and the attached Exhibits constitute the entire agreement between Lessor and Lessee and supersedes any prior agreement between Lessor and Lessee with respect to the Equipment, except as is set forth in an Addendum, if any, which is made a part of this Lease and which is signed by Lessor and Lessee. Section 11.9 Amendments. This Lease may be amended only by a written document signed by Lessor and Lessee, or their respective successors and assigns. Section 11.10 Inurement. Subject to the restrictions in Section 11.1 above, this Lease is binding upon and inures to the benefit of Lessor and Lessee and their respective successors and assigns. Section 11.11 Governing Law. This Lease is governed by the laws of the State of Utah. Section 11.12 Headings. Headings used in this Lease are for convenience of reference only and the interpretation of this Lease will be governed by the text only. Section 11.13 Offset. Rental Payments or other sums payable by Lessee pursuant to this Lease shall not be subject to set—off, deduction, counterclaim or abatement and Lessee shall not be entitled to any credit against such Rental Payments or other sums for any reason whatsoever, including, but not limited to any damage or destruction of the Equipment or any restriction or interference with Lessee's use of the Equipment. Section 11.14 Interest. If Lessee fails to pay any Rental Payment or other amount due hereunder within ten (10) days after the due date thereof, Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the rate of one percent (1 %) per month. Section 11.15 Nature of this Agreement. Lessor and Lessee agree that it is their intention that, for federal income tax purposes, the interest of Lessor in the Equipment is as a secured 14 5-4 party and the interest of Lessee is as a debtor with the aggregate principal amount of the Rental Payments constituting the purchase price of the Equipment, and that Lessor neither has nor will have any equity in the Equipment. Section 11.16 Set —Up Fee. As additional consideration for the rights herein granted to Lessee, Lessee agrees to pay Lessor a commencement or set—up fee of One Thousand Dollars ($1,000.00) on the date this Lease is executed. Section 11.17 Designation of Issue for Tax Purposes. In accordance with Section 265 of the Code, Lessee hereby designates this Lease as an issue qualifying for the exception for certain qualified tax—exempt obligations to the rule denying banks and other financial institutions 100% of the deduction for interest expenses which is allocable to tax—exempt interest. Lessee reasonably anticipates that the total amount of tax—exempt obligations [other than (i) private activity bonds, as defined in Section 141 of the Code (a qualified 501 (c)(3) bond, as defined in Section 145 of the Code, and any bond issued to refund certain obligations issued before August 8, 1986 as described in Section 265 (b)(3)(B)(ii)(II) of the Code not being treated as a private activity bond for this purpose), (ii) any obligation to which Section 141 (a) of the Code does not apply by reason of Sections 1312, 1313, 1316 (g) or 1317 of the Tax Reform Act of 1986 and which is described in Section 265 (b)(3)(C)(ii)(II) of the Code, and (iii) any obligation issued to refund (other than to advance refund within the meaning of Section 149 (d)(5) of the Code) any obligation to the extent the amount of the refunding obligation does not exceed the outstanding amount of the refunded obligation] which will be issued by the Lessee and by any aggregated issuer during the current calendar year will not exceed $30,000,000. Section 11.18 Exhibits. This Lease shall not be effective as against Lessor until such time as all Exhibits attached hereto, consisting of Exhibits "A" through "E," inclusive, are completed to the satisfaction of Lessor and delivered to Lessor. 15 5-4 EXHIBITS Exhibit A Description Of Equipment Exhibit B Resolution Of Governing Body Exhibit C Payment Schedule Exhibit D Opinion Of Lessee's Counsel Exhibit E Delivery and Acceptance Certificate Executed this day of , 20 Lessor: Zions First National Bank [SEAL] T Attest: By Title [SEAL]T Attest: By Alex Buxton, Vice President Lessee: City of Moab, Utah By Dave Sakrison, Mayor By Rachel Ellison, City Recorder/Asst. City Manager 16 5-4 EXHIBIT A Description Of Equipment Quantity Description/Serial Numbers 12 Fitness equipment: (1)Precor C815iU ES, Upright Bike ES, (2)Precor C815iR ES, Recumbent Bike ES, (2)Synchro Excite 700 WTV, (1)Synchro Excite 700 LED,(1)Crossover Excit 700, (2)Excite Run NOW 700 Visio, (2) Excite Run Now 700 Led,(1)Step Excite 700 Visio Initials of Lessee Signatory 17 5-4 EXHIBIT B Resolution Of Governing Body Extract Of Minutes January 11, 2011 Moab, Utah The City Council (the "Governing Body") of City of Moab, Utah met in regular session at its regular meeting place in Moab, Utah on January 11, 2011, with the following members of the Governing Body present: Dave Sakrison Mayor Gregg W. Stucki Council Member Rob Sweeten Council Member Sarah C. Bauman Council Member Kyle D. Bailey Council Member Jeffery Davis Council Member Also present: Rachel Ellison City Recorder/Asst. City Manager Absent: After the meeting had been duly called to order and the minutes of the preceding meeting read and approved, the following resolution was introduced in written form, read in full, and pursuant to motion duly made by Council Member and seconded by Council Member was adopted by the following vote: YEA: NAY: 18 5-4 The resolution was then signed by the in open meeting and recorded by the . The resolution is as follows: A resolution approving the form of the Equipment Lease Agreement with Zions First National Bank, Salt Lake City, Utah. Finding that it is in the best interests of City of Moab, Utah to enter into said Agreement, and authorizing the execution and delivery thereof. Whereas, the City Council (the "Governing Body") has determined that a true and very real need exists for the leasing of the equipment described in the Equipment Lease Agreement presented to this meeting; and Whereas, the Governing Body has reviewed the form of the Equipment Lease Agreement and has found the terms and conditions thereof acceptable to City of Moab, Utah; and Whereas, the Governing Body has taken the necessary steps including any legal bidding requirements, under applicable law to arrange for the leasing of such equipment under the Equipment Lease Agreement. Be it resolved by the Governing Body of City of Moab, Utah as follows: Section 1. The terms of said Equipment Lease Agreement are in the best interests of City of Moab, Utah for the leasing of the equipment described therein. Section 2. The Mayor and City Recorder/Asst. City Manager are hereby authorized to execute and deliver the Equipment Lease Agreement and any related documents necessary to the consummation of the transactions contemplated by the Equipment Lease Agreement for and on behalf of City of Moab, Utah. Section 3. The officers of the Governing Body and City of Moab, Utah are hereby authorized and directed to fulfill all obligations under the terms of the Equipment Lease Agreement. Adopted and approved this day of Attest: , 20 By Dave Sakrison, Mayor By Rachel Ellison, City Recorder/Asst. City Manager [SEAL]op 19 STATE OF UTAH COUNTY OF GRAND ) :SS. ) I, Rachel Ellison hereby certify that I am the duly qualified and acting City Recorder/Asst. City Manager of City of Moab, Utah. I further certify that the above and foregoing instrument constitutes a true and correct copy of the minutes of a regular meeting of the City Council including a Resolution adopted at said meeting held on January 11, 2011, as said minutes and Resolution are officially of record in my possession, and that a copy of said Resolution was deposited in my office on , 20 . In witness whereof, I have hereunto set my hand and affixed the corporate seal of City of Moab, Utah this day of , 20 [SEAL]T By Rachel Ellison, City Recorder/Asst. City Manager 20 STATE OF UTAH COUNTY OF GRAND ) :SS. ) I, Rachel Ellison, the duly qualified City Recorder/Asst. City Manager of City of Moab, Utah do hereby certify: (a) that in accordance with the requirements of Section 52-4-6 (1), Utah Code Annotated (1953), as amended, public notice of the 20 Annual Meeting Schedule of the City Council (the "Governing Body") of City of Moab, Utah was given, specifying the date, time and place of the regular meetings of the Governing Body scheduled to be held during the year, by causing a Notice of Annual Meeting Schedule for the Governing Body to be posted on 20 , at the principal office of the Governing Body at City of Moab, Utah; said Notice of Annual Meeting Schedule having continuously remained so posted and available for public inspection during regular office hours of the undersigned until the date hereof; and causing a copy of the Notice of Annual Meeting Schedule to be provided on , 20 to at least one newspaper of general circulation within the geographic jurisdiction of City of Moab, Utah, or to a local media correspondent; (b) that in accordance with the requirements of Section 52-4-6 (2), Utah Code Annotated (1953), as amended, public notice of the regular meeting of the Governing Body on January 11, 2011, was given by specifying in a Notice of Regular Meeting the agenda, date, time and place of the meeting and by causing the Notice of Regular meeting to be posted at the principal office of the Governing Body on the day of , 20 a date not less than 24 hours prior to the date and time of the Governing Body's regular meeting, and to be provided on the day of , 20 , to at least one newspaper of general circulation within the geographic jurisdiction of City of Moab, Utah, or to a local media correspondent. In witness whereof, I have hereunto set my hand and affixed the official seal of City of Moab, Utah this day of , 20 . [SEAL]T By Rachel Ellison, City Recorder/Asst. City Manager 21 5-4 EXHIBIT C Payment Schedule Lessee: City of Moab, Utah Date of Lease: January 25, 2010 Amount Due: $62,127.00 1. Interest has been computed at the rate of 3.66% per annum. Interest shall accrue from the Commencement Date. 2. Rental payments shall be due annually commencing January 25, 2012. The payments set forth on the attached debt service schedule shall be due on the 25th day of January up to and including January 25, 2014. 3. The Option Purchase Price, on any given date of calculation, is equal to the Principal Outstanding on the Rental Payment Date immediately preceding the date of calculation (unless such calculation date is a Rental Payment Date, in which case, the Principal Outstanding as of such date) plus accrued interest from such Rental Payment Date at the rate set forth in paragraph number 1 above. [Please see the attached Debt Service Schedule] The remainder of this page has been intentionally left blank 22 5-4 Moab City, Utah $62,127 Equipment Lease Purchase Dated January 25, 2011 Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 01/25/2011 - - - - - 01/25/2012 19,969.21 3.660% 2,273.85 22,243.06 22,243.06 01/25/2013 20,700.08 3.660% 1,542.97 22,243.05 22,243.05 01/25/2014 21,457.70 3.660% 785.35 22,243.05 22,243.05 Total $62,126.99 $4,602.17 $66,729.16 Yield Statistics Bond Year Dollars $125.74 Average Life 2.024 Years Average Coupon 3.6599966% Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) 3.6599966% 3.6599926% 3.6599968% 4.5159321 % IRS Form 8038 Net Interest Cost 3.6599966% Weighted Average Maturity 2.024 Years Lease V25/113y I SAIGLEPURPOSE V 6/2011 19:34 AM Z1ONS BANK ®0 PUBLIC FINANCE Page 1 Initials of Lessee Signatory 23 5-4 EXHIBIT D Opinion Of Lessee's Counsel (Use Attorney's Letterhead) To: Zions First National Bank One South Main Street Salt Lake City, Utah 84111 Gentlemen: As counsel for City of Moab, Utah ("Lessee"), I have examined duly executed originals of Equipment Lease Agreement (the "Lease") dated January 25, 2010, between the Lessee and Zions First National Bank, Salt Lake City, Utah ("Lessor"), and the proceedings taken by Lessee to authorize and execute the Lease. Based upon such examination as I have deemed necessary or appropriate, I am of the opinion that: 1. Lessee is a body corporate and politic, legally existing under the laws of the State of Utah. 2. The Lease has been duly authorized, executed, and delivered by Lessee. 3. The governing body of Lessee has complied with all applicable open public meeting and notice laws and requirements with respect to the meeting at which Lessee's execution of the Lease was authorized. 4. The Lease is a legal, valid, and binding obligation of Lessee, enforceable in accordance with its terms except as limited by the state and federal laws affecting remedies and by bankruptcy, reorganization, or other laws of general application affecting the enforcement of creditors' rights generally. 5. The Lease is in accordance with and does not violate the usury statutes of the State of Utah, if any. 6. There are no legal or governmental proceedings or litigation pending or, to the best of my knowledge, threatened or contemplated (or any basis therefor) wherein an unfavorable decision, ruling or finding might adversely affect the transactions contemplated in or the validity of the Lease. 7. The Equipment (as defined in the Lease) constitutes personal property and when subjected to use by Lessee will not become fixtures under applicable law. Attorney for Lessee 24 EXHIBIT E Delivery And Acceptance Certificate To: Zions First National Bank Reference is made to the Equipment Lease Agreement between the undersigned ("Lessee"), and Zions First National Bank ("Lessor"), dated January 25, 2010, ("the Lease") and to the Equipment as such term is defined therein. In connection therewith we are pleased to confirm to you the following: 1. All of the Equipment has been delivered to and received by the undersigned; all installation or other work necessary prior to the use thereof has been completed; said Equipment has been examined and/or tested and is in good operating order and condition and is in all respects satisfactory to the undersigned and as represented, and that said Equipment has been accepted by the undersigned and complies with all terms of the Lease. Consequently, you are hereby authorized to pay for the Equipment in accordance with the terms of any purchase orders for the same. 2. In the future, in the event the Equipment fails to perform as expected or represented we will continue to honor the Lease in all respects and continue to make our rental and other payments thereunder in the normal course of business and we will look solely to the vendor, distributor or manufacturer for recourse. 3. We acknowledge that Lessor is neither the vendor nor manufacturer or distributor of the Equipment and has no control, knowledge or familiarity with the condition, capacity, functioning or other characteristics of the Equipment. 4. The serial number for each item of Equipment which is set forth on Exhibit "A" to the Lease is correct. This certificate shall not be considered to alter, construe, or amend the terms of the Lease. Lessee: City of Moab, Utah By: Witness (Authorized Signature) Date: (Print name and title) 25 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-51 21 FAX NUMBER (435) 259-4135 To: Honorable Mayor and City Council I From: Donna Metzler, City Manager Date: January 7, 2011 Subject: City Prosecutor Contract MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN KIRSTIN PETERSON GREGG W. STUCKI With Happy Morgan leaving the position of Grand County Attorney, Ms. Morgan determined that she did not wish to continue the contract for City Prosecutor Services. After receiving a written notice of termination from Ms. Morgan, the City issued a Request for Proposals for City Prosecutor Services in December, 2010. The City received two proposals. Upon review of the proposals, City Staff are in a agreement that the proposal received from Andrew Fitzgerald best meets the City's needs. Mr. Fitzgerald has experience in Grand County courts, lives here in Grand County, and will be able to offer services more effectively and efficiently than the other company who submitted a proposal. It has been very effective in the past to have the same individual who performs the Grand County Prosecutor services to perform City Prosecutor services, although this is not a necessity. The other company that submitted a proposal was Armknecht and Cowdell out of Sandy, Utah. Each company's proposal entailed a fee of $3,500 for the services. However, I have negotiated a contract with Mr. Fitzgerald that entails a $3,000 per month fee for the first six months, and a $3,200 fee for the remainder of the contract term, which is a total term of three years. The other provisions of the City Prosecutor contract remain as they were established under the previous contract with Ms. Morgan. The previous contract entailed a monthly rate of $2,900. City staff respectfully recommends approval of the City Prosecutor contract as written. ADM-MEM-11-01-001 5-5 CITY PROSECUTOR PROFESSIONAL SERVICES CONTRACT For and in consideration of the performances and payments provided herein, the sufficiency of which all parties acknowledge, City of Moab (herein: "City") and Andrew Fitzgerald (herein: "Attorney"), agree as follows: 1. Attorney shall provide criminal prosecution for the Moab City Police Department for Class B misdemeanors and below, including screening of possible criminal prosecutions, preparing cases for trial, researching cases, interviewing appropriate individuals, appearing in court for motions, changes of pleas and sentencing, and all other aspects of City of Moab criminal prosecution work. Attorney shall provide prosecutions of municipal code violations, including zoning violations and building code violations, at the direction of the City Manager or the City Manager's designee. Attorney shall maintain positive and open communications with the Moab City Police Department, City administrative offices and the City Planning and Community Development Department. Attorney will work closely with the County Attorney on felony cases and other relevant matters. 2. Unless this agreement is terminated according to Section 4 herein, this agreement shall automatically be renewed annually for a period of up to three (3) years from the effective date hereof. 3. The fee for services provided under this agreement shall be a monthly fee of $3,000.00 for the period of January 12, 2011 through June 30, 2011. From July 1, 2011 to the expiration or termination of this agreement, the fee shall be $3,200 per month. The City shall make payments under this agreement after services have been rendered and Attorney has submitted an invoice for such services to the City. 4. This contract is terminable at will upon action by the Mayor and the City Council. In the event of termination, Attorney shall promptly submit a final bill for legal services rendered and shall return all necessary legal files to the City or any authorized designee upon request. 5. In the event of any dispute concerning this contract, the parties stipulate to jurisdiction and venue in the Seventh Judicial District Court, Grand County, Utah. The substantially prevailing party in any such judicial action shall be entitled to recover reasonable attorney's fees incurred prosecuting or defending such action, in addition to all actual damages. This contract shall be construed pursuant to the laws of the State of Utah. 5-6 6. No other promises, representations, or modifications to this contract shall be binding between the parties unless reduced to writing, lawfully approved by both parties. If any provision or part of this agreement shall be declared illegal, void on unenforceable for any reason, the other provisions and parts shall not be affected but shall remain in full force and effect. This agreement is entered into this 12th day of January, 2011 and was approved and accepted by the Moab City Council on the 11th day of January 2011. CITY OF MOAB: Mayor David L. Sakrison Date ATTEST: Rachel Ellison City Recorder ANDREW FITZGERALD: Andrew Fitzgerald STATE OF UTAH ) )s.s COUNTY OF GRAND ) Date Date The foregoing agreement was executed before me by Insert Name, this day of , 2011. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: 5-6 Resolution #01- 2011 A RESOLUTION SUPPORTING SUBMITTAL OF A COST SHARING PROPOSAL TO THE UTAH DEPARTMENT OF TRANSPORTATION FOR THE US-191 MOAB NORTH CORRIDOR STORM WATER DRAINAGE SYSTEM WHEREAS, the City of Moab has been working with the Utah Department of Transportation UDOT) in a cooperative manner to address storm water drainage issues along US-191 within the north corridor of Moab City limits, and WHEREAS, the City's primary concern in the area in question has been to deal with storm water drainage generated from Stewart Canyon; and WHEREAS, UDOT's primary concern has been to deal with drainage outfalls along US-191 that affect highway construction and enhancements; and WHEREAS, UDOT has been unable to address roadway capacity and design issues in the area in question because the aforementioned drainage issues have not been resolved; and WHEREAS, the City of Moab has studied these issues with UDOT engineers and HW Lochner as consulting engineers for UDOT; and WHEREAS, the parties have determined that a storm water system can be constructed that addresses both UDOT's and City's UDOT's primary concerns, at a lower overall cost than if these concerns were addressed separately; and WHEREAS, this proposed system would involve upsizing the length and size of the lines that UDOT would have constructed to address UDOT's concerns, in order to add the drainage from Stewart Canyon into the drainage system; and WHEREAS, UDOT commonly refers to such upsizing as "betterment"; and WHEREAS, the cost of "betterment" of a UDOT system above and beyond what is required for UDOT's purposes is normally borne by the entity requesting the betterment; and WHEREAS, a diagram and budget analysis of this proposed system are attached to this resolution; and WHEREAS, this proposed system would have the following basic elements: • The capture of drainage from approximately 290 acres of essentially undeveloped area on the east side of US-191 • Extension of a storm water trunk line within the UDOT Right -of -Way from approximately MiVida Drive to Motel 6/Black Oil Resolution #01-2011 Page 1 of 2 5-7 " Installation of an outfall pipe from US-191 along the property line of Motel 6/Black Oil to the Nature Conservancy " Trunk line and outfall pipe sizes ranging from 48" to 84" " Cost sharing for the system allocating the cost of increasing the size and length of the storm water lines to accommodate the Stewart Canyon Drainage to the City of Moab " Construction of the trunk line and outfall as part of UDOT's future phase for roadway improvements along the north corridor of US-191 within Moab city limits NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to submit a cost sharing proposal to UDOT regarding the US-191 Moab North Corridor Storm Water Drainage System as outlined herein and the attachments hereto, and to direct City staff to work with UDOT staff in developing a cost sharing and betterment agreement for the storm water system that addresses mutual concerns. Passed and adopted by action of the Governing Body of the City of Moab in open session this l lth day of January, 2011. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder Resolution #01-2011 Page 2 of 2 5-7 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259-4135 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY SARAH C. BAUMAN JEFFREY A. DAVIS KIRSTIN IERSON GREGG W. STvcm US-191 Moab North Corridor Stormwater Drainage System City of Moab/UDOT Project Partnering January 11, 2011 The City of Moab and UDOT have been working to implement a highway improvement project between Moab and Potash road along US-191 since UDOT first approached the City of Moab concerning the upcoming project in March 2010. The Utah Transportation Commission approved the highway improvement project in June 2010. The City of Moab and UDOT originally identified five key drainage locations between 400 North in Moab and the Colorado River Bridge. The City of Moab offered to address the stormwater from Stewart Canyon, and to assist with easement negotiations on the other outfall locations. Several meetings held in the latter half of 2010 with UDOT, Moab City staff, and HW Lochner, the consulting engineers, have redefined these drainage areas dramatically. HW Lochner, using a design storm of 50 years, found that the existing drainage system on 500 West was insufficient to accept the drainage from the highway and determined that all of the stormwater north of Stewart Canyon would need to go to an outfall near the Motel 6/Black Oil. The characteristics of this drainage system are as follows: - Captures Drainage from approximately 290 acres of essentially undeveloped area on the east side of US-191 (approximately 380 cfs for the 50-year storm) - Trunk line extends in UDOT Right -of -Way from approximately MiVida to Motel 6/ Black Oil - Outfall pipe extends from US-191 along the property line of Motel 6/Black Oil to the Nature Conservancy - Trunk line and outfall pipe sizes range from 48" to 84" Due to the size and projected cost of this drainage system and considering the available project funding, UDOT and the Transportation Commission decided to phase the highway improvement project. Phase I includes the widening north of the bridge and pavement rehabilitation from the bridge to 400 North in Moab. All drainage improvements, right-of-way acquisition and highway widening south of the bridge were moved to Phase II. At the same time the project was being redefined, the City of Moab, in cooperation with UDOT and HW Lochner, determined that the stormwater from Stewart Canyon could feasibly and economically be incorporated into the US-191 trunk line. Combining these flows would allow the City of Moab to partner with UDOT on the costs of this system as a betterment agreement. On December 14, 2010, the Moab City Council decided to move forward with partnering and directed City staff to prepare a partnering proposal to be presented to UDOT. Enclosed with this narrative are the budgetary costs assuming the 50-year design storm along with an exhibit illustrating the proposed improvements. The City of Moab appreciates this opportunity to partner with UDOT to address highway capacity and drainage concerns to ensure the safety of the residents and visitors to our community. First EPA Green Power 1Community in the Nation 5-7 US-191 Moab North Corridor Stormwater Drainage System City of Moab/UDOT Project Partnering US-191 Budgetary Analysis for Drainage System Partnering UDOT Cost Moab City Cost "Super 8" OutfaII - No longer utilized $0 $0 500 West/US-191 Outfall - No longer utilized $0 $0 US-191 Trunk Line and Motel 6/Black Oil Outfall - Consists of necessary improvements to safely convey the drainage crossing the highway between the Rock Shop and Moab Springs Ranch as described in the Project Partnership narrative Pipe and Cleanout Boxes from MiVida to Motel 6/Black Oil (about 2,800 feet)' Outfall Pipe from US-191 to The Nature Conservancy (about 2,500 feet) 2 Drainage Easement for Outfall (2,500 feet long, 40 feet wide, all piped) 3 Engineering Design and Contingency $243,000 $762,000 $200,000 $301,250 $0 $0 $0 $0 Total Budget for US-191 Trunk Line and Motel 6/Black Oil Outfall $1,506,250 $0 Stewart Canyon Betterments - Consists of the upsizing to the US-191 Trunk Line in order to convey the stormwater from Stewart Canyon produced by the 50-year 24-hour storm Upsizing Costs for Pipe and Cleanout Boxes and extension of pipe to Cermak Upsizing Outfall Pipe from US-191 to The Nature Conservancy 2 Additional Engineering Design and Contingency $0 $0 $0 $322,286 $81,000 $100,821 Total Budget for Betterments to the US-191 Trunk Line and Motel 6/Black Oil Outfall $0 $504,107 Stewart Canyon Improvements Upstream of the US-191 Trunk Line Pipe and Structures Pavement Removal/Restoration, Additional Hard Surfacing, Utilities and Easements Engineering Design and Contingency $0 $0 $0 $563,500 $167,760 $255,941 Total Budget for Stewart Canyon Improvements Upstream of the HWY 191 Trunk Line $0 $987,201 City of Moab Downtown Stormwater System (Originally part of the Stewart Canyon Outfall) Pipe and Structures Pavement Removal/Restoration and Easements Engineering Design and Contingency $0 $0 $0 $221,000 $139,500 $90,125 Total Budget for the City of Moab Downtown Stormwater System $0 $450,625 Total Budget for US-191 Trunk Line including Stewart Canyon Conveyance System and Associated Improvements $1,506,250 $1,941,933 Includes materials and construction cost for pipe, manholes, and inlets. Does not include asphalt repair since the project will likely be done simultaneously with the roadway widening project. Also does not include potential utility relocation costs to address conflicts with the storm drain pipe. Since these budgetary values have been developed to show the partnering potential for the trunk line only, no attempt was made to quantify costs associated with catch basins and appertaining piping that will be installed by UDOT to capture the stormwater and convey these flows to the trunk line system. 2 Based on cost estimate prepared by HW Lochner which assume the 50-year 24-hour rainfall for peak flows 3 Drainage Easement cost is assumed from September 13, 2010 Project Partnership Attachment provided by UDOT. N 0 300 600 1,200 Feet 1 inch = 600 feet Legend is ■ US-191 Drainage System City of Moab Downtown Stormwater System MINMExisting City of Moab 60" Storm Drain US-191 Drainage Area Stewart Canyon Wash CityLimits Parcels US-191 Moab North Corridor Stormwater Drainage System Project Partnering Exhibit January 11, 2011 Proposed Motel 6/Black Od Outfall PipeLocauon Length = 2.500 ft. • US-191 Drainage Area Crossing Highway Between Rock' Shop & Moab Springs Ranch (289 ac.) US-191 Drainage Trunk Line Length = 2.800 ft- (from Motel ; Slack Oil to MiVid ,,-t F._ _ .. _z Ir , '44 a 4.0V.: .-n L.- r _ `` y � iL � r.ii l A a. �! • '= I0 s-�• tp .. Or. a.' it • Elementary 1 IalltiA1.6t}. 41.._ t5[.�it k .Y . , -`r - School rri r {i2 FiyAI rejt wd - f-6':. 1 r.;• �: I �_-.�` _ +' f iii 4th North St. Existing City of Moab 1 60" Storm Drain Outfall Moab Regional Medical Center illiams Way City of Moab Downtown Stormwater System Length = 2,800 ft. Stewart Canyon Drainage Area (147 ac.) Stewart Canyon Betterment Extension Length = 1,200 ft. (from Mivda to Rock Shop) Stewart Canyon improvements Upstream of the US-191 Trunk Line City of Moab Planning and Zoning Department Correspondence PL-II-004 January 5, 2011 Memo To: Honorable Mayor and Members of Council From: City Staff Subject: Call for Public Hearing for the Adoption of Ordinance 2011-03, an Ordinance Vacating a Portion of Block 4 of the Portal Vista Planned Unit Development and Establishing Details for the Ownership of Open Spaces and Access Background The City approved the Portal Park Subdivision Planned Unit Development on and an Official Plat was recorded on April 3, 2001. Subsequently, an amended plat was approved by Council and recorded on September 22, 2004. The City and Portal Park LLC ("Developer" of Portal Vista PUD) entered into an Improvements Agreement ("IA") that was dated and recorded on August 27, 2002. The IA served as a contract between the city and the developer, Portal Park, LC, that provided for the construction of certain improvements by the developer pursuant to the approval of the Portal Park Subdivision. Although a bond for the improvements was required by the existing regulations, it was never collected to cover construction of the improvements should a default occur. It has been determined that the Developer has failed or is refusing to construct or complete all of the improvements specified in the IA and development approvals. This scenario constitutes a default under the IA and the conditions of approval, and the Developer failed to fully address various issues after delivery of several written notices. On February 23, 2010, Council declared the developer to be in default of the IAthrough the adoption of Resolution #07-2010. This action was completed under Utah Code Annotated (UCA) § 10-9a-608 that authorizes a municipality to institute proceedings to vacate a subdivision plat, and the IA specifically authorizes plat vacation as a remedy upon breach by the developer. It was determined that the developer, Portal Park LC, is in default of the now expired IA for the subdivision and by its actions and its representatives, has no further intention of developing the property in accordance with the recorded final plat. In the latter part of 2007, staff was notified of the deficiencies that existed within the developed portions of the approved Portal Vista Planned Unit Development (PUD). The attached vacating ordinance is the culmination of many hours committed by staff since to that time to the completion of the developed portions of the project. Moab City Council PL-II-004 January E 2011 Vacation of Portal Vista Block 4 Ordinance #2011-03 Page 2 of 2 The outstanding issues that faced the developer and Homeowner's Association included: o completing the landscaping in the open spaces, o providing a means to direct the storm water through the entry and Parcel B of the development, o weed and trash removal/maintenance of open space parcels toward the south end of the property, o removal of a storage shed that was constructed during various phases of construction, construction of a trail through Parcel C, and o the dedication of open spaces as a conservation easement. Removal of the storage shed was completed by the developer sometime in 2008. Parcels A-H as well as the private street shown on the first amended plat were conveyed to the Portal Vista Homeowner's Association on February 26, 2010. Mr. Tom Shellenberger of Portal Park LC last summer initiated a project to correct the storm water issue at the north entryway of the development. City Public Works provided enough pipe to convey storm water into an infiltrator that was originally installed as a portion of the subterranean drainage system. Mr. Shellenberger dug the trench and installed the pipe. Focus has centered on this pipe because no inspections were conducted during the installation process. Pictures of the current state of the project are attached. Correspondence with the developer that is associated with resolving the issues has been included for Council's review as well as more recent pictures by staff showing the condition of the interceptor pipe that accesses the first infiltrator. Also, since Council's last review of this issue ongoing correspondence has been occurring and several meetings have taken place between staff and the Homeowner's Association. These have focused on the identified issues including the plat configuration, storm drainage, and landscaping. City staff members are of the opinion that the new revision of the plat with the plat notes, address the HOA's concerns and protect the city's interests. The City Attorney has been involved in many of these conversations and has thoroughly reviewed the issues as well as staff's approach to resolve them. Process and Authority In accordance with UCA 10-9a-609, the City may approve the vacation, alteration, or amendment by signing a plat showing the vacation, alteration, or amendment if no public street, right-of-way, or easement has been vacated or altered. The street shown on the plat is a private access into the undeveloped portion of the property. Also in accordance with UCA 10-9a-609.5, a public hearing (in accordance with Section 10-9a-208) is required to be held only if a plat amendment contains a vacation of some or all of a public street, right-of-way, or easement. This extra step taken by Council will provide citizens and the developer a vehicle to voice their concerns. The attached amended plat that will vacate a portion of the undeveloped Block 4 will serve as the Exhibit "A" noted in the ordinance. In addition, the attached plat notes will 5-8 Moab City Council PL-II-004 January 6, 2011 Vacation of Portal Vista Block 4 Ordinance #2011-03 appear on the final version of the exhibit. These notes were developed with input from the city attorney and the Portal Vista Home Owners Association Alternatives In its action, Council can: 1) Approve Ordinance #2011-03 as recommended by the Planning Commission; 2) Approve Ordinance #2011-03 with any changes necessary to address concerns; 3) Vote to not approve the ordinance; 4) Table the ordinance in order to satisfy needs for additional information. p:\planning department\2011\correspondence \pI-II-004 portal vista to cc.docx Page 2 of 2 5-8 ��[ mu -111 m B ��� 31u14-eGF131v0 .WA. 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AND REZONING PORTIONS OF THE SUBJECT PROPERTY TO THE R-4 ZONING DESIGNATION WHEREAS, the City of Moab approved the Portal Park Subdivision Planned Unit Development and an Official Plat was recorded on April 3, 2001 at Book 560, Page 169 ("Plat") of the Grand County land records, and an Amended Plat was recorded on September 22, 2004 at Book 632, Page 47 ("Amended Plat"); WHEREAS, the City of Moab and Portal Park LLC ("Developer") entered into an Improvements Agreement ("IA"), dated August 27, 2002, recorded at Book 586, Page 228, et seq. of the Grand County land records, and providing for the construction of certain improvements pursuant to the approval of the Portal Park Subdivision; WHEREAS, the Developer has failed or refused to construct or complete all of the improvements specified in the IA and development approvals, constituting a default under the IA and the conditions of approval, and has failed to cure same after delivery of written notice; WHEREAS, Resolution #07-2010, approved by the City Council on February 23, 2010, declared the developer to be in default of said Subdivision Improvements Agreement; and WHEREAS, U.C.A. § 10-9a-608 authorizes a municipality to institute proceedings to vacate a subdivision plat, and the IA specifically authorizes plat vacation as a remedy upon breach by the Developer; WHEREAS, in accordance with UCA 10-9a-609, the City may approve the vacation, alteration, or amendment by signing a plat showing the vacation, alteration, or amendment if no public street, right-of-way, or easement has been vacated or altered; and WHEREAS, in accordance with UCA 10-9a-609.5, a public hearing in accordance with Section 10-9a-208 is required to be held only if a plat amendment contains a vacation of some or all of a public street, right-of-way, or easement; and, WHEREAS, the City has determined that the developer, Portal Park LC, is in default of the expired Improvements Agreement for the subdivision and by its actions and its representatives, has no further intention of developing the property in accordance with the recorded final plat; and WHEREAS, Council has determined that it is not in the best interests of the city to have substandard or incomplete development remain when a guaranteed improvements bond or current Subdivision Improvements Agreement is not in effect; and, 5-8 DRAFT WHEREAS, the City has provided notice to all interested parties, received the recommendations of City Staff and testimony of those in attendance at a public hearing held on January _, 2011, and is fully advised; and WHEREAS, the City finds that the public interest will be served by the vacation of the plat as specified herein, and that no party will be unfairly prejudiced. THEREFORE, THE CITY OF MOAB ENACTS AS FOLLOWS: 1. The City hereby vacates in part, the final plat for Portal Vista Planned Unit Development, Amended". The undeveloped portion of said plat shall be vacated as denoted on the amended plat (Exhibit A). Additionally, the following plat notes shall appear on the amended plat: a) This plat vacation is the result of a declaration of default of the Subdivision Improvements Agreement for the Portal Vista Planned Unit Development (PUD) by the Moab City Council through adoption on February 23, 2010 of Council Resolution #07-2010. b) Parcels E, F, H, are to be retained by the Portal Vista Homeowner's Association as Open Space. c) A large portion of Parcel H, in addition to Parcels A through D and Parcel G, satisfies the open space requirement for the currently developed lots in the P.U.D.; Lots 1 and 2, Block 1; Lots 1-9, Block 2; Lots 1-10 Block 3; and Lots 1- 10, Block 4. d) Any future development must meet open space requirements independently from the satisfaction of Open Space requirements for the PUD as currently developed, and shown on the vacated plat. e) Parcels E, F, H shall be developed as additional improvements of the undeveloped property occur. Any costs associated with the required landscaping or enhancement of the open spaces, street development, or other improvements, shall be the responsibility of the developer. f) Parcels K, L, and J (former Lots 12, 13, and 25, respectively) are not part of an approved development. g) Parcel N is retained by the Portal Vista Homeowners Association. An easement is established via this parcel for access to Parcels E, F, H, and M. 2. The vacation (the "Vacated Tract") is described as follows: A DESCRIPTION OF PORTIONS OF PORTAL VISTA SUBDIVISION, WITHIN THE NW1/4 NE1/4 SECTION 2, T26 S, R 21 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF PARCEL J (FORMER LOT 25) OF PORTAL VISTA SUBDIVISION, SAID CORNER BEARS S 89°54'00"W 1320.80 FT. ALONG THE NORTH LINE OF SECTION 2 THENCE S 00°15'32"W 818.63 FT. FROM THE NE CORNER OF SECTION 2, T 26 S, R 21 E, SLM, AND PROCEEDING THENCE S 00°15'32"W 492.82 FT. TO A CORNER, THENCE N 89°54'23"W 330.00 FT. TO A CORNER, THENCE N 00°15'32"E 506.26 FT. TO A CORNER, THENCE S 89°43'58"E 75.33 FT., THENCE S 00°22'02"E 49.47 FT., THENCE S 89°43'22"E 20.00 FT., THENCE N 00°22'02"E 49.44 FT., THENCE S 89°43'58"E 83.95 FT., THENCE ALONG THE ARC OF A 47.06 FT. RADIUS CURVE TO THE RIGHT 9.31 FT. (SAID CURVE HAS A CHORD WHICH BEARS S 03°24'02"E 9.29 FT.), THENCE S 01°48'57"W 23.18 FT., THENCE S 89°43' 58"E 31.01 FT., THENCE N 01°48'57"E 10.76 FT., THENCE ALONG THE ARC OF A 9.50 FT. RADIUS CURVE TO 5-8 DRAFT THE RIGHT 14.67 FT. (SAID CURVE HAS A CHORD WHICH BEARS N 46°02'29"E 13.25 FT.), THENCE S 89°43'58"E 109.94 FT. TO THE POINT OF BEGINNING AND CONTAINING 3.76 ACRES, MORE OR LESS. 2. To clarify the extent of the plat vacation the attached amended plat referenced as exhibit "A" is hereby approved by the Moab City Council and accepted for recording. 3. The Improvements Agreement dated August 27, 2002, recorded at Book 586, Page 228, et seq. of the Grand County land records, is declared to be in breach by the adoption of Council Resolution #07-2010. The Developer, its successors, and assigns shall have no further right or entitlement to develop in accordance with the IA or any accompanying approvals, which shall be deemed void. 4. All prior land use approvals, plat designations, and other development entitlements with respect to the Vacated Tract are terminated and deemed void. The remaining lots and open space parcels, as described in the Plat and Amended Plat, and the Amended Declaration of Covenants, Conditions and Restrictions, dated July 19, 2001 and recorded at Book 565, Page 285-99, shall be unaffected by this ordinance. 5. As authorized by § 6.3 of the IA, the zoning designation of the Vacated Tract shall revert to the zoning which existed prior to the approval of the Portal Park Planned Unit Development. The City hereby adopts the "R-4" zoning designation, as provided in Chapter 17.45 of the Moab City Code, as the zoning designation applicable to the Vacated Tract. This ordinance shall take effect immediately and be recorded in the Grand County land records. It shall continue in effect until repealed, and shall be binding upon the Developer, its successors, and assigns. Passed and adopted by the City Council upon the affirmative vote of a majority of the Council on , 2011. Signed: Mayor David Sakrison Attest: Rachel Ellison, City Recorder Date 5-8 d WHIlx3 YYMMNIN AlNfoll —3v-30Y+—MOO — DILL—IWO .uNwuv lO 1S34O311 DLL 1Y OW OY311 In A Una 'ON aaua0Daa AI,'wra NOOD —6i "pY A Ati fw .1! OL w w10YYYY ➢VOA OS SY 7YA011ddY MNNIGNM '-04 UY Ashy •0310W.y OW MIAOW SYM A AVM— W M 3141 01 =Num' 7VAOaddY 1I3N000 A113 SOSO 3ONl0 SILL MI 311I Na NOLLYIOODI MM ONYOYpOOW M Mri 133111033 I ll O V rap Sal Ai 0201•011 a3MY1S SY lOYY1 aYS 01fI lYU Sw OYN Mai N lYW A.LLYS! 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NC^) N4 7 Y wONf = 1 S M YDoAO 1/1 XIYw .• i MVOS 0111a110 a u, PORTAL VISTA VACATION PLAT NOTES a) This plat vacation is the result of a declaration of default of the Subdivision Improvements Agreement for the Portal Vista Planned Unit Development (PUD) by the Moab City Council through adoption on February 23, 2010 of Council Resolution #07- 2010. b) Parcels E, F, H, are to be retained by the Portal Vista Homeowner's Association as Open Space. c) A large portion of Parcel H, in addition to Parcels A through D and Parcel G, satisfies the open space requirement for the currently developed lots in the P.U.D.; Lots 1 and 2, Block 1; Lots 1-9, Block 2; Lots 1-10 Block 3; and Lots 1-10, Block 4. d) Any future development must meet open space requirements independently from the satisfaction of Open Space requirements for the PUD as currently developed, and shown on the vacated plat. e) Parcels E, F, H shall be developed as additional improvements of the undeveloped property occur. Any costs associated with the required landscaping or enhancement of the open spaces, street development, or other improvements, shall be the responsibility of the developer. f) Parcels K, L, and J (former Lots 12, 13, and 25, respectively) are not part of an approved development. g) Parcel N is retained by the Portal Vista Homeowners Association. An easement is established via this parcel for access to Parcels E, F, H, and M. p:\planning department\subdivision vacations\portal vista pud\portal vista vacation plat notes.docx Staff Involvement on Portal Vista PUD 2009: July 28: Planning, Community Development, and Public Works staff members (4) investigate the storm drainage issue with the developer. Discuss options to correct the concern. (2.5 hrs) August 3: Planning Staff (2) review the newly completed landscaping and to progress on construction of the small spillway at the end of parcel C. (1.5 hrs) 2010 July 12: Planning, Community Development, and Engineering staff (3) meet with developer to discuss scope of project. (1.5 hrs) July 13: Public Works staff (2) uses sweeper truck to clean loose debris from all 6 infiltrators. 2 hrs July 19: July 21: City Planner, City Engineer, and Assistant City Engineer tour the site and discussed the installed drainage system. Pictures taken (1.5 hrs) City Planner and Assistant City Engineer met with developer on site to discuss the plan for the drainage issue and inspect the property- pictures taken. (1hr) July 22: Meeting with staff, City Atty, and Jeff Clapp -conference call. (2.5 hrs) August 3: City planner and Assistant City Engineer hand auger 6" sampler holes next to two of the infiltrators and one hole between the second and third infiltrators to ascertain elevation of gravel filtration around infiltrators and depth of ditch. (1.5 hrs) August 5: City Planner investigates drainage system after heavy rain the night before. Infiltrators are dry. Standing water is found in the newly excavated ditch for the drain extension into infiltrator 1. (1 hr) August 8: Working with surveyor to create a plat as specified by the HOA (1hr) August 13: City planner and Assistant Engineer bored 1" holes with a drill into and through the infiltrators to determine backfilled gravel elevations Attempted to auger bottom but found gravel immediately upon attempting to begin starter hole in soil in bottom of inlet-.5"-.75" (2 hrs) August 18: August 31: September 1: City Planner and City Engineer visit the development during a significant rain event to observe the functionality of the storm water system. Pictures and short videos are taken to show that the infiltrators and the interceptor trench work well. The exception is infiltrator 4 that is draining significantly slower than the other units. (2 hrs) Planning Staff returns to development to see what progress has been made for pipe installation. Pictures were taken of the open trench. (1 hr) City Planner returns to Portal Vista and inspects infiltrator 4 for construction and installation. (1.5 hr) It appears that the slots are not cut as thoroughly through the sides as the other infiltrators thus providing a slower dispersal of storm water. However, it does still drain. September 8: City Planner inspected pipe to see progress of inatallation. Pictures taken of exposed natural gas line and standing water from recent rain. (.75 hr) January 6, 2010: City Planner inspected pipe to see if anything more had been accomplished prior to the change in the weather. Pictures were taken of current snowy condition for the installation of the interceptor pipe. The pipe was installed without benefit of inspection of the subgrade and compaction around the pipe. Previous inspections also indicated that the location of the perforation of the interceptor pipe through the infiltrator wall was not sealed and had been backfilled with soil. The loose soil was spilling into the floor of the infiltrator and could cause diminished operation or lead to total plugging of the unit. The exposure of the pipe in the pictures taken on this day show what had been re -excavated to expose the concreted intersection of the two pipes. Mr. Shellenberger had requested the specifications for the installation of the pipe prior to the change in the weather and has indicated that he will continue to complete the installation of the pipe. (.75 hr) p:\planning department\subdivision vacations \ haciendas \august 18.docx B -I ii dal o 017:ZL:60 6007:A0/20 44. ! - [4'.11,6 -rz 11',7,-:*?:,T.:60 600.6/EU:ICJ .., -4; t,•,,fre, 2....P.::-•-' . , -.4."'..1.. 1.-,• .7-71..1 : ••'",: ,,,,,,,..1,...:124 . ..b.0.4-", - 0 0 ' .1".A.4",...4' .4 . '7,44. • ..... ;•,• • • ,... • ,....4.r. • • . , ..1, . ....1‘.. 1. vtfe. ,3.. P: - '."AlS; 5-8 09/0'1/20'1 PORTAL VISTA PUD 5-8 SUMMARY OF CORRESPONDENCE September 30, 2008 Reference: Portal Vista (Portal Park) Phases One and Two Development Requirements Storm drainage has not been corrected as was required by the Public Works department. The culverts at various locations in the development are inadequately sized at six (6) inches and should be removed and replaced with twelve (12) inch CMP's. Trails need to be completed to the city's satisfaction. Please contact Community Development Director, David Olsen, to discuss this issue. Landscaping must be completed as approved by the City and in accordance with the plan on file in the Planning Department. Done:Temporary shed that appears to have served as storage for construction equipment and supplies that must be removed. Dedication of open space as a conservation easement is required. Originally shown on the plat titled "A Final Plat of Portal Vista Subdivision" and recorded April 3, 2001, the parcels representing open space were noted but never dedicated with a conservation easement. On the most recent plat of the development titled "Portal Vista Subdivision Amended Portions" and recorded on September 22, 2004, the open space is not identified. A draft of the conservation easement for these areas that was developed by city staff was given to you in the past. However, if you require an additional copy please contact the City Planning Department. Twenty (20) days of the date of this letter. February 19, 2009 The City would like to thank you for your efforts to bring the above development into compliance with the approved improvements. Originally, on September 30, 2008, you were sent a letter (PL- 08-219, attached) outlining the items of your subdivision that needed to be completed to conclude your responsibilities for phases I and II of the Portal Vista development. You were given ninety (90) days from the date of the letter to complete those listed items and at this time we would urge you to complete the remaining items as soon as possible since the deadline has passed. City Staff is aware that there are four remaining issues: 1. Storm water drainage. As noted in previous correspondence, culverts at various locations in the development are inadequately sized at six (6) inches and should be removed and replaced with twelve (12) inch CMP's. The larger twelve (12) inch culvert was required as per the engineering plans submitted to the city and on file with the Public Works Director, Brent Williams; 2. Trail. The meandering trail, as noted on the plat, has not been constructed at this time and it is desirable that this path will be completed in a timely manner and with the approval of the Community Development Director, David Olsen; 3. Landscaping. Staff members recall that the existing landscaping plan was submitted as a part of the submittal package. You have stated that the plan is not what was agreed upon for the development so you need to submit the plan that you feel was approved to staff for review. 4. In the September correspondence you were given a time period of twenty (20) days from the date of this letter to submit a new plat rededicating the open space as a conservation easement as required. Originally shown on the plat titled "A Final Plat of Portal Vista Subdivision" and recorded April 3, 2001, the parcels representing open space were noted but never dedicated with a conservation easement. On the most recent plat of the development titled "Portal Vista Subdivision Amended Portions" and recorded on September 22, 2004, the open space is not identified. A draft of the conservation easement for these areas that was developed by city staff was given to you in the past. However, if you require an additional copy please contact the City Planning Department. Also, last fall you were verbally notified of the weed violations in phase III of the development and this issue should be taken care of as soon as possible since nothing was done last year. May 1, 2009 Thank you for your response to staff letter PL-09-018, copy attached, dated February 19, 2009. This letter addresses your responses in your letter dated March 4, 2009, and serves as notice of the violations of the Moab Municipal Code. 1. City staff does not design the drainages for the developer but will review your submittals for this item. Submitting the plans for approval is part of the subdivision site plan requirements of Code Chapter 16.20.030 Stormwater drainage. Because the existing construction has not been accepted by the city, you are in violation of this code section. "A stormwater drainage system subject to review by the city engineer and the approval of the public works director and city planner, shall be required by the city and be the responsibility of the project applicant. The system shall be separate and independent of the sanitary sewer system. The plans for the drainage system shall be prepared by a licensed engineer. The costs associated for this study shall be the sole responsibility of the project applicant. " 2. Trail system. You agreed to construct the approved trail through the second phase in the spring, "sometime in March or April", and yet no activity has been noticed on the property. Not completing the trail is in violation of the Improvements Agreement and puts you in violation of Code Section 17.66.200, Default, as well as 2.1 of the Improvements Agreement. "Developers who: (a) fail to timely complete required improvements; (b) fail to complete construction in a workmanlike manner; (c) allow mechanic's liens to attach to improvements; or (d) otherwise fail to comply with the improvements agreement shall be issued a notice of violation and informed of their default under the improvements agreement and guarantee. Each such developer shall be given a reasonable period of time, not to exceed thirty days, in which to cure any noncompliance with the improvements agreement. A developer contesting a notice of violation may request a hearing before the city council by submitting a written request no later than ten days from the issuance of the notice of violation. Any action to forfeit the bond or collateral shall be stayed until completion of the hearing. I. Default of any portion of the improvements agreement will result in the city recording an affidavit of lapse of improvements agreement. Thereafter, the developer shall be enjoined from any conveyance or transfer of platted lots, no further building permits will be issued, and a certificate of zoning compliance will not be issued for any structures completed to that date. In addition, the city may, at its option, complete all or a portion of the remaining improvements required by the agreement or solicit bids for the completion of all such improvements. In such case the city shall be entitled to recover from the developer, the surety, and the holder of the collateral sufficient sums to cover all costs of construction, including incidental costs, and reasonable attorney fees." You were given ninety (90) days in which to complete the trail improvements. 3. Landscaping. City staff retrieved a copy of the recorded Improvements Agreement from the county as agreed and the "Exhibit A" attached to the document was the final plat as referenced in the Improvements Agreement. There is little detail on the plat, however, the Improvements Agreement specifically states that, "Owner will develop the Property in conformity with the final plat/plan... and all other attachments deposited with the City." Staff has located two variations of a landscaping plan. You previously reviewed the first and denied that it was the approved plan. The letter dated February 19, specifically requests that you provide staff with a copy of your landscaping plan as approved by the city but nothing has been submitted as of the date of this letter. Staff can only assume then that a plan attached to the official record of the Planning Commission agenda packet from July 27, 2000, is the plan approved for your development. I have included this plan for your convenience and review. This plan shows the trail and landscaping and all landscaping should have adhered to this approved plan. Staff has not been able to locate any record of city approval for any completed landscaping for compliance with the approved planned unit development. If this is an oversight on our part, we would appreciate any documentation that you can provide. 4. Conservation agreement. For your convenience, I have attached a draft of the conservation easement that includes a lift station as a permitted use. However, the specific location of the station is not clear and needs to be identified in this document. Weeds are a separate issue from the development and are required to be perpetually controlled as required under Code Chapter 8.08.060, Weed abatement. The affected area is the proposed undeveloped phase three of the development. "No owner, agent, occupant or person in control of any lot within the city shall allow or maintain weeds or rank vegetable growth which exhale unpleasant and noxious odors or which attract insects, create fire hazards or conceal deposits of filth. Any such condition is declared to be a nuisance and dangerous to the health of the inhabitants of the city, and the same shall be abated in accordance with the provisions of this chapter." In response to your final comments we appreciate your cooperation to resolve these issues for your development. Certainly, the higher density due to the smaller lots as allowed on this property through the Planned Unit Development allowed you to create an "affordable" and not a "high end subdivision". I can assure you that the very minimal requirements placed on the development and the fact that the city allowed you to continue with your project without posting a proper performance guarantee for the improvements as required by Chapter 17.66, worked toward your benefit as well as to the residents. Again, please note that resolution of the issues will be best handled by contacting the appropriate departments as elaborated in our first letter to you dated September 23, 2008. Trails are best discussed with the Director of Community Development, David Olsen; drainage issues with Dan Stenta, City Engineer and/or Brent Williams, Director of Public Works; weeds with the Zoning Administrator, Sommar Johnson; and the new plat and conservation easement agreement with planning staff. Please be aware that the Code has specific penalties for non-compliance with the provisions for development and for noncompliance with the improvements agreement. Some of those are listed in the above -referenced code Chapter 17.66.200 as well as in Chapter 17.75.020, Violation -Penalty, that reads, "Any firm, corporation, person or persons violating any of the provisions of this title shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not more than five hundred dollars. Each person, persons, firm or corporation found guilty of violation shall be deemed guilty of a separate offense for every day during which any violation of any provision of this title is committed, continued or permitted by such person, persons, firm or corporation, and shall be punished as provided by this title." CITY OF MOAB PLANNING DEPARTMENT 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5129 FAX (435) 259-0600 September 30, 2008 Mr. Tom Shellenberger Moab Premier Properties 9 North Main Street Moab, Utah 84532 Dear Mr. Shellenberger, MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN GREGG W. STUCK! ROB SWEETEN P1-08.219 Reference: Portal Vista (Portal Park) Phases One and Two Development Requirements City Staff is aware that many of the conditions for approval of your development of Phases One and Two of the Portal Vista Planned Unit Development have not been met. Since it does not appear that Phase Three will be developed, it is your responsibility to correct deficiencies and complete various elements of the outstanding requirements. It has been identified that the storm drainage has not been corrected as was required by the Public Works department. The culverts at various locations in the development are inadequately sized at six (6) inches and should be removed and replaced with twelve (12) inch CMP's. The trails need to be completed to the city's satisfaction. Please contact Community Development Director, David Olsen, to discuss this issue. The landscaping must be completed as approved by the City and in accordance with the plan on file in the Planning Department. Also, there is a temporary shed that appears to have served as storage for construction equipment and supplies that must be removed. These items need to be addressed and completed within ninety (90) days of the date of this letter. In addition, a new plat rededicating the open space as a conservation easement is required. Originally shown on the plat titled "A Final Plat of Portal Vista Subdivision" and recorded April 3, 2001, the parcels representing open space were noted but never dedicated with a conservation easement. On the most recent plat of the development titled "Portal Vista Subdivision Amended Portions" and recorded on September 22, 2004, the open space is not identified. A draft of the conservation easement for these areas Shellenberger Portal Vista PUO September 23 HOB that was developed by city staff was given to you in the past. However, if you require an additional copy please contact the City Planning Department. Staff would like to encourage you to submit the plat and easement at the earliest convenience but no later than twenty (20) days of the date of this letter. If you have any questions, please feel free to contact the Planning Department. Sincerely, Jeff Reinhart, AICP Planning Director C: Donna Metzler, City Manager Sommar Johnson, Zoning Administrator Dan Stenta, City Engineer Brent Williams, Public Works Director David Olsen, Community Development Director Chris McAnany, City Attorney P:\2008\Correspondence\PL-08-219 portal vista deficiencies.doc CITY OF MOAB PLANNING DEPARTMENT 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5129 Fax (435) 259-0600 February 19, 2009 Mr. Tom Shellenberger Moab Premier Properties 9 North Main Street Moab, Utah 84532 Dear Mr. Shellenberger, MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREYA. DAVIS SARAH BAUMAN GREGG W. STUCKI ROB SWEETEN PL-09-018 Reference: Portal Vista (Portal Park) Phases One and Two Development Requirements The City would like to thank you for your efforts to bring the above development into compliance with the approved improvements. Originally, on September 30, 2008, you were sent a letter (PL-08-219, attached) outlining the items of your subdivision that needed to be completed to conclude your responsibilities for phases I and II of the Portal Vista development. You were given ninety (90) days from the date of the letter to complete those listed items and at this time we would urge you to complete the remaining items as soon as possible since the deadline has passed. City Staff is aware that there are four remaining issues: 1. Storm water drainage. As noted in previous correspondence, culverts at various locations in the development are inadequately sized at six (6) inches and should be removed and replaced with twelve (12) inch CMP's. The larger twelve (12) inch culvert was required as per the engineering plans submitted to the city and on file with the Public Works Director, Brent Williams; 2. Trail. The meandering trail, as noted on the plat, has not been constructed at this time and it is desirable that this path will be completed in a timely manner and with the approval of the Community Development Director, David Olsen; 3. Landscaping. Staff members recall that the existing landscaping plan was submitted as a part of the submittal package. You have stated that the plan is not what was agreed upon for the development so you need to submit the plan that you feel was approved to staff for review. Shellenberger Portal Vista PU0-2 February 19, 2099 4. In the September correspondence you were given a time period of twenty (20) days from the date of this letter to submit a new plat rededicating the open space as a conservation easement as required. Originally shown on the plat titled "A Final Plat of Portal Vista Subdivision" and recorded April 3, 2001, the parcels representing open space were noted but never dedicated with a conservation easement. On the most recent plat of the development titled "Portal Vista Subdivision Amended Portions" and recorded on September 22, 2004, the open space is not identified. A draft of the conservation easement for these areas that was developed by city staff was given to you in the past. However, if you require an additional copy please contact the City Planning Department. Also, last fall you were verbally notified of the weed violations in phase III of the development and this issue should be taken care of as soon as possible since nothing was done last year. If you have any questions, please feel free to contact the Planning Department or the appropriate staff member to arrange coordination for corrective action. Sincerely, qJtf Jeff Reinhart, AICP Planning Director Attachment: PL-09-018 C: w/out Attachment: Donna Metzler, City Manager Sommar Johnson, Zoning Administrator Dan Stenta, City Engineer Brent Williams, Public Works Director David Olsen, Community Development Director Chris McAnany, City Attorney CITY OF MOAB PLANNING DEPARTMENT 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5129 FAx (435) 259-0600 May 1, 2009 Mr. Tom Shellenberger Moab Premier Properties 9 North Main Street Moab, Utah 84532 Dear Mr. Shellenberger, MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN GREGG W. STUCKI ROB SWEETEN Reference: Portal Vista (Portal Park) Phases One and Two Development Requirements Thank you for your response to staff letter PL-09-018, copy attached, dated February 19, 2009. This letter addresses your responses in your letter dated March 4, 2009, and serves as notice of the violations of the Moab Municipal Code. 1. City staff does not design the drainages for the developer but will review your submittals for this item. Submitting the plans for approval is part of the subdivision site plan requirements of Code Chapter 16.20.030 Stormwater drainage. Because the existing construction has not been accepted by the city, you are in violation of this code section. "A stormwater drainage system subject to review by the city engineer and the approval of the public works director and city planner, shall be required by the city and be the responsibility of the project applicant. The system shall be separate and independent of the sanitary sewer system. The plans for the drainage system shall be prepared by a licensed engineer. The costs associated for this study shall be the sole responsibility of the project applicant." 2. Trail system. You agreed to construct the approved trail through the second phase in the spring, "sometime in March or April", and yet no activity has been noticed on the property. Not completing the trail is in violation of the Improvements Agreement and puts you in violation of Code Section 17.66.200, Default, as well as 2.1 of the Improvements Agreement. "Developers who: (a) fail to timely complete required improvements; (b) fail to complete construction in a workmanlike manner; (c) allow mechanic's liens to attach to improvements; or (d) otherwise fail to comply with the improvements agreement shall be issued a notice of violation and informed of their default under the improvements agreement and guarantee. Each such developer shall be given a reasonable period of 5-8 Tom Shellenberger Portal Vista PIJO IB2 May I, 2009 time, not to exceed thirty days, in which to cure any noncompliance with the improvements agreement. A developer contesting a notice of violation may request a hearing before the city council by submitting a written request no later than ten days from the issuance of the notice of violation. Any action to forfeit the bond or collateral shall be stayed until completion of the hearing. 1. Default of any portion of the improvements agreement will result in the city recording an affidavit of lapse of improvements agreement. Thereafter, the developer shall be enjoined from any conveyance or transfer of platted lots, no further building permits will be issued, and a certificate of zoning compliance will not be issued for any structures completed to that date. In addition, the city may, at its option, complete all or a portion of the remaining improvements required by the agreement or solicit bids for the completion of all such improvements. In such case the city shall be entitled to recover from the developer, the surety, and the holder of the collateral sufficient sums to cover all costs of construction, including incidental costs, and reasonable attorney fees." You were given ninety (90) days in which to complete the trail improvements. 3. Landscaping. City staff retrieved a copy of the recorded Improvements Agreement from the county as agreed and the "Exhibit A" attached to the document was the final plat as referenced in the Improvements Agreement. There is little detail on the plat, however, the Improvements Agreement specifically states that, "Owner will develop the Property in conformity with the final plat/plan... and all other attachments deposited with the City." Staff has located two variations of a landscaping plan. You previously reviewed the first and denied that it was the approved plan. The letter dated February 19, specifically requests that you provide staff with a copy of your landscaping plan as approved by the city but nothing has been submitted as of the date of this letter. Staff can only assume then that a plan attached to the official record of the Planning Commission agenda packet from July 27, 2000, is the plan approved for your development. I have included this plan for your convenience and review. This plan shows the trail and landscaping and all landscaping should have adhered to this approved plan. Staff has not been able to locate any record of city approval for any completed landscaping for compliance with the approved planned unit development. If this is an oversight on our part, we would appreciate any documentation that you can provide. 4. Conservation agreement. For your convenience, I have attached a draft of the conservation easement that includes a lift station as a permitted use. However, the specific location of the station is not clear and needs to be identified in this document. Weeds are a separate issue from the development and are required to be perpetually controlled as required under Code Chapter 8.08.060, Weed abatement. The affected area is the proposed undeveloped phase three of the development. "No owner, agent, occupant or person in control of any lot within the city shall allow or maintain weeds or rank vegetable growth which exhale unpleasant and noxious odors or which attract insects, create fire hazards or conceal deposits of filth. Any such condition is declared to be a nuisance and dangerous to the health Tom Shellenberger Portal Vista P110162 May 1, 2009 of the inhabitants of the city, and the same shall be abated in accordance with the provisions of this chapter." In response to your final comments we appreciate your cooperation to resolve these issues for your development. Certainly, the higher density due to the smaller lots as allowed on this property through the Planned Unit Development allowed you to create an "affordable" and not a "high end subdivision". I can assure you that the very minimal requirements placed on the development and the fact that the city allowed you to continue with your project without posting a proper performance guarantee for the improvements as required by Chapter 17.66, worked toward your benefit as well as to the residents. Again, please note that resolution of the issues will be best handled by contacting the appropriate departments as elaborated in our first letter to you dated September 23, 2008. Trails are best discussed with the Director of Community Development, David Olsen; drainage issues with Dan Stenta, City Engineer and/or Brent Williams, Director of Public Works; weeds with the Zoning Administrator, Sommar Johnson; and the new plat and conservation easement agreement with planning staff. Please be aware that the Code has specific penalties for non-compliance with the provisions for development and for noncompliance with the improvements agreement. Some of those are listed in the above -referenced code Chapter 17.66.200 as well as in Chapter 17.75.020, Violation -Penalty, that reads, "Any firm, corporation, person or persons violating any of the provisions of this title shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not more than five hundred dollars. Each person, persons, firm or corporation found guilty of violation shall be deemed guilty of a separate offense for every day during which any violation of any provision of this title is committed, continued or permitted by such person, persons, firm or corporation, and shall be punished as provided by this title." The City hopes for a rapid and unevenfful conclusion to these issues so that no further action will be required by the City. If you have any questions, please feel free to contact the Planning Department. Sincerely, Jeff Reinhart, AICP Planning Director C: Donna Metzler, City Manager Sommar Johnson, Zoning Administrator Dan Stenta, City Engineer Brent Williams, Public Works Director David Olsen, Community Development Director Chris McAnany, City Attorney P \PLANNING DEPANTMENT\2009\Correspondence \PL-09.055 portal vista 3.doc CITY OF MOAB PLANNING DEPARTMENT 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5129 FAx (435) 259-0600 August 18, 2009 Mr. Tom Shellenberger Mr. Christoph Schork Portal Park LLC PO Box 92 Moab, UT 84532 Dear Mr. Shellenberger and Mr. Schork, MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN GREGG W. STUCKI ROB SWEETEN The City of Moab is in receipt of your revised landscaping plan for Block 3 of the Portal Vista Subdivision. The revised submission does not provide adequate details regarding size and type of plantings, location of plantings, or ground cover and is insufficient to replace the plan approved by the Moab City Council on August 27, 2002. A revised landscaping plan submittal must include detailed landscaping plans showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects and sprinkler or irrigation systems. Because this is a modification of your original Planned Unit Development approval, the plan must be reviewed by the Planning Commission and approved by the City Council to ensure compliance with the Planned Unit Development regulations. A revised and detailed landscape plan must be submitted to the Moab City Planning and Zoning Department by Friday, August 28, 2009 or the City will proceed in enforcing the plan approved by the Moab City Council on August 27, 2002. Sincerely, 4rai \4(11�. Sommar Johnson Zoning Administrator/Planning Assistant cc: Jeff Reinhart, Planning Director Donna Metzler, City Manager Brent Williams, Public Works Director David Olsen, Community Development Director Moab City Council CITY OF MOAB PLANNING DEPARTMENT 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5129 FAx (435) 259-0600 September 1, 2009 Mr. Tom Shellenberger Mr. Christoph Schork Portal Park LLC PO Box 92 Moab, UT 84532 Dear Mr. Shellenberger and Mr. Schork, MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREYA. DAVIS SARAH BAUMAN GREGG W. STUCKI ROB SWEETEN The City of Moab is in receipt of your revised landscaping plan for Block 3 of the Portal Vista Subdivision. The revised submission does not provide adequate details regarding size and type of plantings, location of plantings, or ground cover and is insufficient to replace the plan approved by the Moab City Council on August 27, 2002. Although the landscaping in Block 2 was never inspected by the City to ensure conformance with the approved plan nor did it receive written acceptance from the City releasing the developer from further responsibility, the Homeowner's Association of Portal Vista Subdivision has assumed maintenance responsibility for that parcel and has opted to improve the area at their expense. On or about July 17, 2008 an attempt was made to deliver responsibility to the Homeowner's Association of the initial landscaping installed in Block 3 of the Portal Vista Subdivision. Again the landscaping was not inspected by the City nor did it receive written acceptance from the City releasing the developer from further responsibility. Since that time, additional improvements, including the required trail, have been installed by Portal Park LLC. Because an acceptable level of landscaping in Block 3 was never achieved and approved, the City believes this area is still the responsibility of Portal Park LLC and as such must be landscaped in accordance with the plan approved by Moab City Council on August 27, 2002. The required landscaping must be installed within thirty days of the date of this letter. The City of Moab will be in contact with the listed Planning and Landscape Design Team, Gaia Design, to determine the size and type of landscaping and ground cover shown on the approved. plan. An inspection will be performed by the Zoning Administrator, Planning Director, Community Development Director and Public Works Director on October 1, 2009 to ensure compliance with the approved plan. If, at that time, the landscaping complies with the approved plan, written acceptance will be issued releasing the developer from further responsibility. Please keep in mind that additional legal action can be taken by the City if it is found that the property is not in compliance with the Moab Municipal Code and the approved plan. We look forward to successful completion of this project within the specified time frame. Sincerely, Sommar Johnson Zoning Administrator/Planning Assistant cc: Jeff Reinhart, Planning Director Donna Metzler, City Manager Brent Williams, Public Works Director David Olsen, Community Development Director Moab City Council 5-8 CITY OF MOAB PLANNING DEPARTMENT 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5129 FAx (435) 259-0600 September 15, 2009 Mr. Tom Shellenberger Mr. Christoph Schork Portal Park LLC PO Box 92 Moab, UT 84532 Dear Mr. Shellenberger and Mr. Schork, MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN GREGG W. STUCK! ROB SWEETEN PL-09-124 Additional review of our files for the Portal Vista Subdivision (Portal Park PUD) has revealed that the Environmental Analysis as required by Code Chapter 17.66.080 and prepared by an engineer or other qualified and experienced professional is not on file. The city is requesting that a copy of the Environmental Analysis be submitted to the Planning Department as soon as possible but no later than 10 days from the date of this letter. Thank you for your attention to this matter. Sincerely, Jeff Reinhart, AICP Planning Director cc: Donna Metzler, City Manager Sommar Johnson, Planning Assistant/Zoning Administrator CITY OF MOAB PLANNING DEPARTMENT 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5129 FAx (435) 259-0600 September 17, 2009 Mr. Roger Knight 3517 S West Temple Salt lake City, UT 84115 Mr. Tom Shellenberger Mr. Christoph Schork Portal Park LLC PO Box 92 Moab, UT 84532 Dear Sirs, MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN GREGG W. STUCKI ROB SWEETEN PL-09-130 It has come to our attention that the conservation easement for the open space was not able to be filed with the Grand County Recorder because of the legitimacy of Tom Shellenberger's signing on behalf of Portal Park, LLC. This needs to be corrected and the appropriate signature(s) attached to the document. In addition, further review of our files for the Portal Vista Subdivision (Portal Park PUD) has revealed that the stamped engineered drawings and the final approved plan is not in our files. Please submit a copy as soon as possible so that we can update our records. The plan in current use is marked "preliminary" and it will be helpful to refer to the final plan in the future. The city is requesting that copies of both documents be submitted to the Planning Department as soon as possible but no later than 10 days from the date of this letter. Thank you for your attention to this matter. Sincerely, Jeff Reinhart, AICP Planning Director c: Donna Metzler, City Manager Sommar Johnson, Planning Assistant/Zoning Administrator p:\planning department\2009\correspondence\p1-09-130 portal vista plan and easement.docx CITY OF MOAB PLANNING DEPARTMENT 21 7 EAST CENTER STREET MoAB, UTAH 84532-2534 (435) 259-5129 FAx (435) 259-0600 October 22, 2009 Mr. Roger Knight 3517 S West Temple Salt lake City, UT 84115 Mr. Tom Shellenberger Mr. Christoph Schork Portal Park LLC PO Box 92 Moab, UT 84532 Dear Sirs, MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN GREGG W. STUCKI ROB SWEETEN PL-09-147 Certified Mail #70031680 0002 0092 7070 On September 30, 2008, a letter was sent to Mr. Tom Shellenberger as a responsible partner in Portal Park, LLC and the development of Portal Vista Planned Unit Development. That letter served as notification of various deficiencies in the completion of Portal Vista PUD and established specific deadlines for the completion of those identified inadequacies. As you are aware, subsequent to the September letter, additional notices have been mailed to Portal Park, LLC, and individually to Messrs. Shellenberger, Schork, and Knight in an effort to further define the remaining deficiencies and provide time frames for the attention of the LLC to correct the outstanding matters. These letters stated the specific code sections that had not been met as well as the possible penalties for noncompliance. The effect of the reluctance of the partners to individually or collectively adhere to the improvements agreement and other approvals and areas of the Moab Municipal Code and orders by city officials has forced the city to consider the alternative of a Declaration of Default for the development and initiate a lapse of plat. Upon declaration of default, the City may exercise any remedies for violation available under municipal ordinances or Utah statutes. These remedies include but are not limited to proceeding against performance bonds; withholding building permits or certificates of occupancy/zoning compliance; an action to enjoin or abate zoning violations; record a lapse of plat, in whole or in part; and any other remedies available at law or equity including specific performance or injunctive relief. Recording a lapse of plat would result in the reversion of the zoning for the lands affected to that in existence prior to approval of the PUD and would terminate all previous approvals and result in the elimination of platted lots. The underlying zoning is R-4 and upon declaration of default the rules and regulations for that zone would be in effect. Any future proposed development will be required to comply with the code requirements for approval of an application for preliminary and final plat. Please understand that you have a time period of not less than thirty (30) days from receipt of this letter to cure or abate the violations. Cure within that period of time shall reinstate the Improvements Agreement. "Cure" means completion with city approval of all outstanding items. 5-8 Page 12 To date, failure to complete the construction of all project improvements by August 1, 2004 as agreed in Article 3.1of the Improvements Agreement includes but is not limited to the following. • Completion of the landscaping as per the submitted and approved plan in all portions of the development. The referenced plan is the submitted drawing titled "Portal Park P.U.D."dated June 2000, that was originally submitted with the application in a booklet titled "Portal Park, Planned Unit Development". Mr. Shellenberger is listed under "Parties to the Planning of Portal Park PUD" as "realtor/consultant", and should be familiar with this submitted preliminary plan that indicates the proposed landscaping for the development. This plan must be adhered to or a new plan submitted that has sufficient detail to meet Code Chapter 17.66.150 showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects, and sprinkler or irrigation systems. This change in the plan is required to be reviewed and approved by the planning commission and the city council. As noted in previous correspondence, the information submitted on or about August 14, 2009, does not provide sufficient detail to meet code chapters 17.06.020, Definitions, and 17.66.150, Final plan and approval, subsection E. The trail location should also be shown in the landscaping plan and a drawing provided that shows a cross section of the trail construction. This trail has not been approved by the Community Development Director as required. The plan must be submitted for approval by the city in a timely manner so that all plantings and other portions of the landscaping can be completed within thirty (30) days. • The Conservation Easement has been deemed null and void as presented to the recorder's office for Grand County. It appears that the LLC for which Mr. Shellenberger signed, no longer exists and this issue now needs to be worked out with the Home Owners Association and must be recorded within the thirty (30) day time period. • While efforts to address the storm water drainage on the south end of the project appear to have been completed, the storm water issue on the north side has not been adequately addressed. It is obvious some effort was made in the early stages of development to mitigate storm flows with a drop inlet and PVC drain pipe that extends to the south. Changes in elevation do not provide adequate flow for the piped water to continue into the subterranean drain system and the structure needs to be corrected. Stamped engineered plans must accompany the proposed alterations for this area and submitted in a timely fashion so that the corrections can be completed within thirty (30) days. Basis for default is contained in the Improvements Agreement and the pertinent code sections and both are attached for your convenience and review. As a reminder, these items must be completed within the time frame of thirty (30) days. Thank you for your attention to this matter. c: (w/out attachments) Donna Metzler, City Manager Sommar Johnson, Planning Assistant/Zoning Administrator Brent Williams, Public Works Director David Olsen, Community Development Director Chris McAnany, City Attorney Happy Morgan, City Prosecutor Sincerely, 9/f 2;nide7i Jeff Reinhart, AICP Planning Director p:\planning department\2009\correspondence \p1-09-147 portal v status.docx Memo To: From: Subject: Discussion City of Moab Planning and Zoning Department Correspondence November 19, 2009 Honorable Mayor and Members of Council City Staff Update of Staff Efforts to Complete the improvements for the Development of Portal Vista PUD PL-09-150 Staff has been working with Portal Park, LC, the developer of Portal Vista Planned Unit Development in an effort to correct deficiencies and complete the developed portions of the subdivision. There have been difficulties in reaching agreements with the developer and many of the corrective efforts have resulted in providing less than what is required by the code or the approved site plan. Portal Park, LC is comprised of Tom Shellenberger, Roger Knight, and Christoph Schork. Portal Vista was originally approved in 2002 and amended in 2004. In addition to the 45 single family home sites, several areas of open space were set aside. These areas were intended to be developed with landscaping for use by the residents and be connected by a simple trail system. The attached plat clearly indicates the development with the proposed undeveloped areas. This update is a prelude to a staff request for Council to declare a default of the Portal Vista PUD by the developer. A certified letter of notice dated October 22, 2009 (PL-09- 147), was sent to the partners of Portal Park, LLC, and received on November 3, 2009. The letter outlines the violations of code and the resulting penalties and/or consequences. As noted in the attached copy of the notice, the developer had ten (10) days from receipt of the letter in which they have the opportunity to file a written request to contest the notice of violation in a hearing before the city council. Nothing has been received from any of the partners as of the date of this memo. The full record of staff's on -going efforts toward compliance now consumes many pages of text and drawings. A brief summary of the incomplete items include, storm water issues, landscaping, and addressing the maintenance of the final undeveloped southern portion of the approved development. Code Chapter 17.66.200 establishes the grounds for a declaration of default and recording of an affidavit of a lapse of the improvements agreement as well as termination of the approval of the project. 5-8 Moab City Council PL-D9-150 November 16, 2009 Portal Vista Default "17.66.200 Default. Page 2 of 2 Developers who: (a) fail to timely complete required improvements; (b) fail to complete construction in a workmanlike manner; (c) allow mechanic's liens to attach to improvements; or (d) otherwise fail to comply with the improvements agreement shall be issued a notice of violation and informed of their default under the improvements agreement and guarantee. Each such developer shall be given a reasonable period of time, not to exceed thirty days, in which to cure any noncompliance with the improvements agreement. A developer contesting a notice of violation may request a hearing before the city council by submitting a written request no later than ten days from the issuance of the notice of violation. Any action to forfeit the bond or collateral shall be stayed until completion of the hearing. 1. Default of any portion of the improvements agreement will result in the city recording an affidavit of lapse of improvements agreement. Thereafter, the developer shall be enjoined from any conveyance or transfer of platted lots, no further building permits will be issued, and a certificate of zoning compliance will not be issued for any structures completed to that date. In addition, the city may, at its option, complete all or a portion of the remaining improvements required by the agreement or solicit bids for the completion of all such improvements. In such case the city shall be entitled to recover from the developer, the surety, and the holder of the collateral sufficient sums to cover all costs of construction, including incidental costs, and reasonable attorney fees. 17.66.220 Failure to comply. In case of failure or neglect to comply with any and/or all of the conditions and regulations as herein established, and as specifically made applicable to a planned unit development, the zoning administrator shall not issue a certificate of zoning compliance therefore. Such failure or neglect shall be cause for termination of the approval of the project. Such failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions of approval thereafter shall also be deemed a violation of this title. (Ord. 99-06 (part), 1999: prior code § 27-23-16)" The deadline for completion of the outstanding improvements is December 3, 2009. p:\planning department \2009\correspondence\p1-09-150 cc updat on portal vista.docz 5-8 City of Moab Planning and Zoning Department Correspondence PL-10-021 February 16, 2010 Memo To: Honorable Mayor and Members of Council From: City Staff Subject: Approval of Council Resolution No. 07-2010 for the Default of the Subdivision Improvements Agreement for the Remainder of Portal Vista PUD Discussion Staff provided Council with an update for this issue on November 19, 2009 in anticipation that the developer of Portal Vista PUD, would not respond to staff's communication. At the time, staff had been attempting to work with Portal Park, LLC, the developer of Portal Vista Planned Unit Development, in an effort to correct deficiencies and complete the developed portions of the subdivision. There have been difficulties in reaching agreements with the developer and many of the corrective efforts have resulted in the developer providing less than what is required by the code or the approved site plan. Portal Park, LLC is comprised of Tom Shellenberger, Roger Knight, and Christoph Schork. Portal Vista was originally approved in 2002 and amended in 2004. In addition to the 45 single family home sites, several areas of open space were set aside. These areas were intended to be developed with landscaping for use by the residents and be connected by a simple trail system. The attached plat shows the lot layout with the proposed undeveloped areas and the private street system. The development occurred from north to south with the final portion containing lots 12-25 and open space Parcels E, F, and H (D on some plats) remaining undeveloped. The Improvements Agreement (IA) was approved on August 28, 2002, and is on file in the County Recorder's Office (copy attached). Issues Currently, the developer is in default of the IA because improvements were not completed in accordance with the agreement or the development plan. To date, failure to complete the construction of all project improvements by August 1, 2004 as agreed in Article 3.1 of the Improvements Agreement included but was not limited to: 5-8 Moab City Council PL-10-021 February 17, 2010 Portal Vista PH • Completion of the landscaping as per the submitted and approved plan in all portions of the development. • Appropriate construction of the trail and inspection/approval of the construction methods used. • Recording of a conservation easement for the open space parcels as indicated on the approved plat. • While efforts to address the storm water drainage on the south end of the project appear to have been completed, the storm water issue on the north side has not been adequately addressed. It is obvious some effort was made in the early stages of development to mitigate storm flows with a drop inlet and PVC drain pipe that extends to the south. The full record of staff's communications and efforts with the developer to bring the development into compliance with the approved documents is on file in the Planning and Zoning Office. The deadline for completion of the outstanding improvements was December 3, 2009. Code Chapter 17.66.200 establishes the grounds for a declaration of default and recording of an affidavit of a lapse of the improvements agreement as well as termination of the approval of the project. Recommendation Council's adoption of Resolution No. 07-2010 will bring the city, the developer, and the property owners a step closer to concluding the lingering issues. Staff recommends that Council approve the resolution that will serve as the declaration of default that will establish the next step in dealing with the plat. p:\planning department\2010\correspondence\pi-10-021 cc portal vista default declare memo.docx Page 2 of 2 5-8 17.66.100 Preliminary documents. The following documents shall be submitted along with the preliminary plan: A. Proposed declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters or occupants within the planned unit development; B. In the event that the development is to be divided into two or more ownerships, the document must provide for adequate control and maintenance of all phases of the development; C. An agreement between the petitioners and the city stating among other things: 1. That in the event of failure or neglect on the part of the owners, successors or assigns to maintain the water and sewerage facilities, common areas, landscaping and other improvements in good condition, the city may perform the necessary work and may enter upon the land and do the work and charge the cost thereof, including reasonable attorneys fees, to the owners or their successors or assigns, 2. That the owners, successors or assigns will reimburse the city for all costs which the city incurs in performing the necessary work, 3. That the petitioner will construct and maintain the project in accordance with approved plans and in accordance with city standards, 4. That the terms of the contract shall be binding upon the heirs, assigns, receivers and successors of the project for the life of the project or buildings, and 5. Any other conditions that the planning commission deems to be reasonably necessary to carry out the intent of this title. (Ord. 99-06 (part), 1999: prior cod 17.66.150 Final plan and approval. After the preliminary plan has been approved by the city council, the petitioner shall submit five prints of a final plan to the planning commission through the zoning administrator for approval thereof, showing in detail the following information: A. All of the information required for submission with preliminary development plans; B. Tabulations of all dwelling units to be constructed by types and number of bedrooms per unit; C. Detailed site plan with complete dimensions showing precise locations of all buildings and structures, lot or parcel sizes and locations, designations of common open spaces and special use areas, detailed circulation pattern including proposed ownership; D. Preliminary building plans, including floor plans and exterior elevations; E. Detailed landscaping plans showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects, and sprinkler or irrigation systems; F. Dimensioned parking layout showing location of individual parking stalls and all areas of ingress or egress; G. Detailed engineering plans and final subdivision plat showing site grading, street improvements, drainage and public utility locations. Also, submission of the engineering feasibility studies if required by the zoning administrator; H. A copy of protective covenants, articles of incorporation, bonds and guarantees, as required by the zoning administrator and/or the city attorney; I. A certificate of title showing the ownership of the land; J. A certificate of acceptance by the city council for any dedication of public streets and other public areas, if any, that are made by the owners; K. A certificate of accuracy by an engineer or land surveyor registered to practice in the state; and L. Approval from the planning commission. 17.66.180 Performance guarantee. A. Adequate guarantees shall be provided for permanent retention of the open space area as follows: 1. The city shall require the petitioner to furnish and record protective covenants, which will guarantee the retention of the open land area. The city shall also require the creation of a corporation granting beneficial rights to the open space to all owners or occupants of land within the development. 2. The petitioner shall be required to develop and maintain all open space, unless part of or all of it is contiguous to and is made a part of an existing park. 3. In the case of private reservation, the open space to be reserved shall be protected against subsequent building development by conveying to the city as part of the condition for project approval, an open space easement over such open areas, restricting the area against future building or use, except as approved on the final development plan. 4. The care and maintenance of such open space reservation shall be ensured by the petitioner by establishing a private association or corporation responsible for such maintenance which shall levy the cost thereof and an assessment of the property owners within the planned unit development. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the city and made a part of the conditions of the final plan approval. B. The applicant (owner) of any planned unit development which is being developed as a condominium project under the provisions of the Condominium Ownership Act of Utah, or subsequent amendments thereto, shall, prior to the conveyance of any unit, submit to the zoning administrator a master deed consisting of a declaration of covenants, conditions and restrictions relating to the project, which shall become part of the final development plan and shall be recorded to run with the land. Such master deed shall include management policies which shall set forth the quality of maintenance that will be performed, and who is to be responsible for such maintenance within such condominium development. The document shall, as a minimum, contain the following: 1. The establishment of a private association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each unit owner within the condominium development; 2. The establishment of a management committee with provisions setting forth the number of persons constituting the committee, the method of selection and the powers and duties of such committee; 3. The method of calling a meeting of the members of the corporation or association, with the members thereof that will constitute a quorum authorized to transact business; 4. The method proposed for maintenance, repair and replacement of common areas and facilities, and distribution of costs therefor; 5. The manner of collection from unit owners for their share of common expenses, and the method of assessment; 6. Provisions as to percentage of votes by unit owners which shall be necessary to determine whether to rebuild, repair, restore or sell property in the event of damage or destruction of all or part of the project; and 7. The method by which the declaration may be amended. The declaration required herein, any amendment and any instrument affecting the property or any unit therein shall be approved by the planning commission and recorded with the city recorder. Neither the declaration nor any amendment thereto shall be valid until approved and recorded. The declaration and amendments thereto shall be maintained as part of the final development plan for the planned unit development. C. In order to ensure that the planned unit development will be constructed to completion in accordance with approved plans, the petitioner shall post a bond or mortgage or other valuable assurance acceptable to the city council in the form of a surety bond, letter of credit, cash escrow, first deed of trust, or similar collateral in an amount equal to one hundred twenty-five percent of the estimated cost of all required landscaping, road improvements, pedestrian ways, curbs and gutters, hard -surfacing, water and sewer lines and domestic sewage disposal facilities and common facilities as shown on the final plat/plan. city staff shall verify the correct amount of the bond based upon review of the cost of the required improvements. The duration of the bond shall be equivalent to the time deadlines specified in the improvements agreement, which, in any case shall not exceed twenty-four months from the date of approval. Final determination of the amount of the bond or other assurance shall be made by the legislative authority. No building permit for any portion of a planned unit development shall be issued until the final plan thereof has been approved by the planning commission. Compliance with all material terms of the improvements agreement and the final plat/plan shall be a prerequisite to the developer obtaining a building permit for individual dwellings and/or a certificate of occupancy or zoning compliance. 17.66.200 Default. Developers who: (a) fail to timely complete required improvements; (b) fail to complete construction in a workmanlike manner; (c) allow mechanic's liens to attach to improvements; or (d) otherwise fail to comply with the improvements agreement shall be issued a notice of violation and informed of their default under the improvements agreement and guarantee. Each such developer shall be given a reasonable period of time, not to exceed thirty days, in which to cure any noncompliance with the improvements agreement. A developer contesting a notice of violation may request a hearing before the city council by submitting a written request no later than ten days from the issuance of the notice of violation. Any action to forfeit the bond or collateral shall be stayed until completion of the hearing. 1. Default of any portion of the improvements agreement will result in the city recording an affidavit of lapse of improvements agreement. Thereafter, the developer shall be enjoined from any conveyance or transfer of platted lots, no further building permits will be issued, and a certificate of zoning compliance will not issue for any structures completed to that date. In addition, the city may, at its option, complete all or a portion of the remaining improvements required by the agreement or solicit bids for the completion of all such improvements. In such case the city shall be entitled to recover from the developer, the surety, and the holder of the collateral sufficient sums to cover all costs of construction, including incidental costs, and reasonable attorney fees. 2. Upon certification of completion by the public works director and zoning administrator and acceptance of the improvements, free and clear of all liens and encumbrances, the city shall execute a written acceptance and release the bond or other collateral. Partial releases of collateral are authorized as improvements are completed and accepted in accordance with the phasing plan approved as part of the final plat/plan. (Ord. 99-06 (part), 1999: prior code §27-23-14) 17.66.220 Failure to comply. In case of failure or neglect to comply with any and/or all of the conditions and regulations as herein established, and as specifically made applicable to a planned unit development, the zoning administrator shall not issue a certificate of zoning compliance therefore. Such failure or neglect shall be cause for termination of the approval of the project. Such failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions of approval thereafter shall also be deemed a violation of this title. City of Moab Planning and Zoning Department Correspondence January 5, 2011 Memo To: Honorable Mayor and Members of Council From: City Staff Subject: Adoption of Ordinance 2011-04, an Ordinance Amending Code Chapter 5.04, Business Licenses Generally, and Specifically Chapter 5.04.010 C, to Broaden the Options for Abatement of Violations Background Currently the code allows for penalties to be decided by the city electing to prosecute under state law as a Class C misdemeanor, as defined under the Utah Code, or by civil action to enjoin or abate the violation. The ordinance will allow the city to pursue both remedies for abatement thus broadening the scope of prosecution. The new language will reflect similar options found in penalty sections throughout the code. The ordinance does not require a public hearing before Council and does not need to be reviewed by the Planning Commission for a recommendation. Recommendation Staff recommends that this amendment to the code be approved. Alternatives In its action, Council can: 1) Approve Ordinance #2011-05 as recommended by the Planning Commission; 2) Approve Ordinance #2011-05 with any changes necessary to address concerns; 3) Vote to not approve the ordinance; 4) Table the ordinance in order to satisfy needs for additional information. p:\planning department \2011\correspondence\pI-II-003 cc approval of business title.docz 5-9 DRAFT ORDINANCE #2011-04 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 5.00, BUSINESS LICENSES, AND SPECIFICALLY AMENDING CHAPTER 5.04C. WHEREAS, the City Council ("Council') adopted the Moab Municipal Code ("Code") and especially Title 5.00, Business Licenses And Regulations, in an effort to create an orderly healthy climate for business growth and development; and WHEREAS, businesses should help pay for the general benefits they receive and not be captured by direct used charges; and WHEREAS, local communities are entitled to a share of the proceeds from economic activities; and WHEREAS, licensing of businesses guarantees the public health, safety, and welfare of residents by managing food & alcohol businesses, entertainment & casinos, street trading, industries liable to create pollution, and ensure that uses are compatible with the zoning of an area; and WHEREAS, Council specifically adopted Chapter 5.04, Business Licenses Generally, to establish requirements and standards for the operation of businesses within the Moab City Limits; and WHEREAS, from time to time the City has identified that there is a need to amend the Code in order to make the text more contemporary and more understandable; and WHEREAS, Council, in a duly advertised public hearing held on , 2011, met to hear testimony and determine the merits of the changes to the Code; and WHEREAS, Council found that the proposed changes would broaden the options of the City to enforce the regulations of Chapter 5.04 and that the changes to the text are in the best interests of the citizens of Moab. NOW, THEREFORE, the Moab City Council hereby adopts Ordinance #2011-04 to amend Code Chapter 5.04.010 C, to say: C. Violation of this section may be punishable, at the election of the city, as a Class C misdemeanor, as defined under the Utah Code, and/or by civil action to enjoin or abate the violation. Proof of a violation of this section shall be sufficient to obtain an injunction. In the event of civil enforcement, the city may recover its reasonable attorney fees and court costs against the violator. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2010. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder p:\planning department \2011\ordinances\ord 2011-04 business license penalties.docx City of Moab Planning and Zoning Department Correspondence P�-u-o0z January 5, 2011 Memo To: Honorable Mayor and Members of Council From: City Staff Subject: Adoption of Ordinance 2011-05, an Ordinance Amending Code Chapter 16.24.020, Design standards specified, Detailing Required Connectivity of Trails and Walkways and establishing the widths of sidewalks in each Zoning District as Referred to Council by the Planning Commission Background The ordinance expands the detail of the requirements of the specific chapter to place developers/owners on notice that sidewalks and trails are required. It also provides for an option of diminished sidewalk development if a comprehensive trail system is proposed and constructed. The new language will codify what the enforced Public Works policy has been for several years. The Planning Commission unanimously voted 3-0 to favorably recommend that Council adopt the ordinance. There was no public comment offered to the commission at the public hearing. Recommendation Staff agrees with the Planning Commission and recommends that this amendment to the code be approved. Alternatives In its action, Council can: 1) Approve Ordinance #2011-05 as recommended by the Planning Commission; 2) Approve Ordinance #2011-05 with any changes necessary to address concerns; 3) Vote to not approve the ordinance; 4) Table the ordinance in order to satisfy needs for additional information. p:\planning department \2011\correspondence \pl II 002 cc trails approval.docx 5-10 DRAFT ORDINANCE # 2011-05 AN ORDINANCE AMENDING THE CITY OF MOAB CODE TITLE 16.00, SUBDIVISIONS, AND ESPECIALLY CHAPTER 16.24.020, DESIGN STANDARDS SPECIFIED WHEREAS, the Moab City Council ("Council') adopted Title 17.00.00, also known as `The Zoning Ordinance of Moab City, Utah" ("Code") on May 19, 1954, in an effort to encourage and facilitate orderly growth and development, promote a more attractive and wholesome environment, and to protect the public health, safety and general welfare; and, WHEREAS, Title 16, Subdivisions, was adopted to establish the requirements and review procedures for subdivisions within the corporate limits of the City of Moab; and, WHEREAS, the Grand County Non -motorized Master Trails Plan was adopted by Council in an effort to provide alternative means of accessing all parts of the city and adjacent areas in Grand County; and, WHEREAS, the City of Moab ("City) from time to time has found it necessary to amend the Code to provide contemporary planning concepts and terminology and to correct language that is outdated or was adopted in error in an effort to make the code more usable by the general public for development within the incorporated city limits; and WHEREAS, Chapter16.24.020, establishes the design standards for subdivision development within the City of Moab; and, WHEREAS, City Staff has identified issues with the adopted code that must be addressed by the amendment of Chapter 16.24.020, Design standards specified, with regards to all subdivisions; and, WHEREAS, the City of Moab Planning Commission (the "Commission") reviewed ordinance #2010-03 during a duly advertised public hearing held on March 25, 2010, to hear testimony and review the merits of the proposed Code amendment and subsequently recommended to Council adoption of said ordinance; and WHEREAS, due notice was given that the Moab City Council ("Council') would meet to hear and consider this ordinance on , 2011, to decide the merits of the proposed amendments; and WHEREAS, the City Council has heard and considered all evidence and testimony presented with respect to the changes and has determined, subsequent to said public hearing that the adoption of this ordinance is in the best interests of the citizens of the City of Moab, Utah. NOW, THEREFORE, BE IT ORDAINED BY THE MOAB CITY COUNCIL THAT, Chapter 16.24.020, Design standards specified, subsections B, C, and L as written are repealed and replaced with the following language to read: 5-10 DRAFT 16.24.020 Design standards specified. The design of the preliminary and final plats of the subdivision in relation to streets, blocks, lots, open spaces and other design factors shall be in harmony with design standards recommended by the planning commission, the highway department and other departments and agencies of city government. Design standards shall be approved by the city council and shall include provisions as follows: A. Blocks shall not exceed one thousand feet in length; B. Blocks shall be wide enough to adequately accommodate two tiers of lots; C. Dedicated easements for non -motorized trails throughout the development are required to provide access to existing trails and future trails indicated on the Grand County Non -motorized Master Trails Plan as adopted by Council. Specific trail alignments shall be negotiated and as individual properties develop, proposed trail routes shown in the plan may be reconfigured to the proposed or greater level of connectivity to adjacent properties. Such easements shall be a minimum of ten (10) feet in width, but may be required to be wider where determined necessary by the planning commission. The subdivider shall provide a compacted road base surface the full width of the trail in accordance with the design standards for trails as established by the Community Development Director. Design and construction shall be approved in writing by the Community Development Director, Public Works Director, and the City Engineer. Appropriate barriers shall be installed at each walkway entrance to prevent the use of the walkway by any motor vehicle or by any non -motorized vehicle wider than three feet; D. Side lines of lots shall be approximately at right angles, or radial to the street lines. However, if energy design conditions dictate otherwise, the planning commission may permit exemptions; E. All remnants of lots below minimum size must be added to adjacent lots, rather than allowed to remain as unusable parcels; F. Minimum street widths shall be as follows: 1. Arterial streets shall be eighty feet wide; sixty-six feet curb to curb, 2. Secondary streets shall be sixty feet wide; forty feet curb to curb, 3. Minor streets shall be fifty feet wide; thirty feet cub to curb; G. Dead end streets shall not exceed four hundred feet in length and must have a cul-de-sac with a minimum radius of fifty feet and a diameter of eighty feet curb to curb; H. The subdivider shall install the following improvements in all streets within the subdivision in accordance with the Construction Design Standards as established by the Public Works Director and the City Engineer: 1. Street grading and surfacing, DRAFT 2. Curbs and gutters, 3. Street lighting 4. Drive approaches, 5. Fire hydrants, 6. Sidewalks, All sidewalks shall be constructed with the widths indicated in the table below along both sides of public streets in accordance with the City Construction Standards for public works projects. Other standards exist for sidewalks and trails in specific types of developments as found elsewhere in this Code and in the Construction Standards. Zoning District Minimum Width* R-1, R-2, R-3, R-4 5 feet C-1, C-2, C-5 6 feet C-3 9 feet C-4 6 feet I 6 feet MH/RV-1 5 feet A-2 N/A RA-1 5 feet Resort Commercial (RC)** Refer to Code Chapter 17.31 Sensitive Area Resort Zone (SAR)** Refer to Code Chapter 17.32 Master Planned Developments** Refer to Code Chapter 17.65 Planned Unit Developments** Refer to Code Chapter 17.66 *The minimum width of any sidewalk shall be approved by the Public Works Director. **Upon the recommendation by the Planning Commission and the discretionary approval by Council, sidewalks may be eliminated if a comprehensive trail plan providing access to and from all structures and adjacent properties is proposed. IN EFFECT IMMEDIATELY UPON PASSAGE. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2010. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder p:\planning department \2010\draft ordinances \ord 2011-05 trails sidewalks in subdiv.docx Page 13 5-10 GRAND COUNTY SCHOOL DISTRICT October 22, 2010 To the Moab City Planning Office, 264 South 400 East Moab, Utah 84532 (435) 259-5317 Superintendent: Margaret L. Hopkin Business Administrator: Robert Farnsworth Board President: Kaaron Jorgen Vice President: M. Bryon Walston Ronald A. Olsen Deb Hren Jim Webster The Grand County School District and the Bureau of Land Management (BLM) are working together to determine if the Red Rock Elementary School site can be utilized by the BLM to house its wildland fire operations and dispatch center. Enclosed is a City of Moab Development Code Amendment Application with two attachments that describe our interest in asking for a code amendment for the R-2 zone in which Red Rock Elementary sits. Also enclosed is a check from Grand County School District for $350.00, to cover the required application fee. We would like to ask consideration that the application fee be waived, in light of fiscal constraints the school district is currently experiencing. Thank you for your consideration of this application. If you have questions about this application, you can contact BLM Fire Management Officer Mike Benefield at 435-259-2191, Grand County School Board member Jim Webster at 435-260-1395, or Grand County School District Superintendent Margaret Hopkin at 435-259-5317. Our email addresses can be found on the application. Thank you for your consideration of this application. Sincerely, W. Webster and of Education attachments