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HomeMy Public PortalAboutPKT-CC-2010-03-09CITY OF MOAI3 MARCH 9, 2010 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMI3PRS (217 EAST CENTER STREET) GRANi, COUNTY LIBRARY REFERENCE COPY Moab City Recorder's Office Page 2 of 49 Moab City Council Master Meeting Calendar* March 2010 SMT March 2010 W T F Apr" 2°'° S SMTW T F S 14 21 28 1 2 3 4 5 7 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 6 13 4 5 6 20 11 12 13 27 18 19 20 25 26 27 1 2 3 7 8 9 10 14 15 16 17 21 22 23 24 28 29 30 O `m 2 ro N o N LL M m 2 0 N `m N N '0 M W N (0 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Feb 28 Mar 1 2 3 4 5 6 6: 00pm 7: 00pm GCAB 3:00pm 4:00pm GC Counci 5:00pm 6:00pm IQMU Boa 7:00pm 9:00pm GC Counci 7: 00pm 9:00pm CVTC 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 7 8 9 10 11 12 13 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 11111.11:00pm Moab CC , 6:00pm 7:00pm 7:00pm GC PC 8:00pm TSSD 6:30pm 7:00pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 8:00pm TSSSFD 14 15 16 17 18 19 20 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 5:00pm 6:00pm 6:00pm 6:30pm GCLB 7:00pm GCSDBE 6:30pm GCRSSD 21 22 23 24 25 26 27 12:00pm 12:30pm Mi 5:00pm 6:00pm SEUDHD 6:00pm 7:00pm GC PC 6:30pm 8:00pm Moab PC 6:30pm 9:00pm Moab CC 28 29 30 31 Apr 2 3 Moab City Recorder's Office 1 3/5/2010 3:14 PM *Meeting end times are approximations only Moab City Recorder's Office Page 3 of 49 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 Recorder's Office Page 4 of 49 Moab City Council Master Meeting Calendar* April 2010 40" 2010 S M T W T F May 2010 S S M T W T F S 11 18 25 1 2 4 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 3 10 2 3 4 5 17 9 10 11 12 24 16 17 18 19 23 24 25 26 30 31 1 6 7 8 13 14 15 20 21 22 27 28 29 M CO N t9 0 a r N co7:00pm T m LO Nq Q Sunday Monday Tuesday Wednesday Thursday Friday Saturday Mar 28 29 30 31 Apr 2 3 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 4 5 6 7 8 9 10 6:00pm 7:00pm GCAB 9:00am 11:00am UDOT Ann 3:00pm 4:00pm GC Counci 5:00pm 6:00pm IQMU Boa 7:00pm 9:00pm GC Counci 7:00pm 7:00pm 9:00pm CVTC 9:00pm Moab CC E 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 7:00pm 9:00pm Moab CC E 11 12 13 14 15 16 17 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 6:00pm 7:00pm 7:00pm GC PC 8:00pm TSSD :00pm Moab CC' 18 19 20 21 22 23 24 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 6:30pm 8:00pm Moab PC 9:00pm Moab C3111 25 26 27 28 29 30 May1 12:00pm 12:30pm MTPSC 6:00pm 7:00pm GC PC 6:30pm 9:00pm Moab CC Moab City Recorder's Office 2 3/5/2010 3:14 PM *Meeting end times are approximations only Moab City Recorder's Office Page 5 of 49 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 Recorder's Office Page 6 of 49 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, March 9, 2010 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 1-1 January 12, 2010 1-2 January 26, 2010 1-3 February 4 and 5, 2010 1-4 February 9, 2010 1-5 February 12, 2010 1-6 February 17, 2010 1-7 February 23, 2010 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: NEW BUSINESS 4-1 Approval of a Request by John Knowles to Use City Right-of-way to Conduct a Sidewalk Sale on March 20 and 21, 2010 at 50 South Main Street 4-2 Approval of a Temporary Class II Beer License for Frankie Winfrey, d.b.a. Sabaku to Conduct a Restaurant located at 225 South 400 East 4-3 Approval of Local Consent of a Limited Restaurant License for Frankie Winfrey, d.b.a. Sabaku Sushi Bar Located at 225 South 400 East 4-4 Approval of a Request for Use of Swanny City Park every Saturday Morning by the Youth Garden Project from May 1 to October 23, 2010 Moab City Recorder's Office Page 7 of 49 4-5 Approval of a Special Business Event License for the Youth Garden Project to Conduct the Moab Farmers' Market every Saturday from May 1 to October 23, 2010 4-6 Approval of a Moved -on Structure Permit for Brian Merrill, d.b.a. Moab Adventure Center, to Conduct a Parking Lot Sale of Seasonal Items March 19 to September 19, 2010 Located at 225 South Main Street 4-7 Approval of an Agreement for the Installation of Public Utility Improvements between the City of Moab and Dennis E. and Patricia Byrd 4-8 Approval of a Temporary Trail Easement between the Housing Authority of Southeastern Utah and the City of Moab SECTION 5: READING OF CORRESPONDENCE SECTION 6: ADMINISTRATIVE REPORTS SECTION 7: REPORT ON CITY/COUNTY COOPERATION SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 10: 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 Moab City Recorder's Office Page 8 of 49 MOAB CITY COUNCIL REGULAR MEETING January 12, 2010 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Gregg Stucki, Kyle Bailey, Sarah Bauman, Jeffrey Davis and Rob Sweeten; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Engineer Dan Stenta, Planning Director Jeff Reinhart, Public Works Director Brent Williams, Community Development Director David Olsen and Police Chief Mike Navarre. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Fourteen (14) members of the audience and media were present. There were no minutes to approve. There were no Citizens to be Heard. Under Community Development Department, Community Development Director David Olsen stated that the City had received 17 proposals for the Lions Park Design Request for Proposals as well as a $100,000 grant from the National Park Service. Community Development Director Olsen then stated that the Dump Trail had been postponed by the Bureau of Land Management. Under Engineering Department Update, City Engineer Stenta gave a brief overview of the federal transportation funds available to the City and stated that the 500 West Road Reconstruction Project would be going to bid that same week. City Engineer Stenta then stated that the Water System Modeling Project was complete and would be presented to the City Council the first meeting in February. City Engineer Stenta then stated that he was also working on the Stewart Canyon Project. Under Planning Department Update, Planning Director Reinhart reviewed the Planning Commission agenda for that same week. A Police Department Update was not given. A Public Works Department Update was not given. Councilmember Davis moved to approve the Consent Agenda as follows: 1) Request to Send a Conditional Use Permit for Ben Byrd for Thirty-one Twin Homes in the Preserve Subdivision to Public Hearing; 2) Request to Send Proposed Ordinance #2010-01— An Ordinance Amending the City of Moab Land Use Code Chapter 17.55, Hillside Developments as Applied in all Zones to Public Hearing; 3) Request to Send Proposed Ordinance #2010-02 — An Ordinance Amending Title 10, Vehicles and Traffic, Specifically Chapter 10.04, Vehicle Code, and more Specifically, Chapter 10.04.230, Unlawful Parking -Vehicles Left Standing for more than Forty -Eight Hours and Overnight Camping in Vehicles to Public Hearing. Councilmember Sweeten seconded the motion. Councilmember Bailey stated that the applicant, Ben Byrd, is his son-in-law. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a Request for a Moved -on REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE CONSENT AGENDA, APPROVED MOVED -ON STRUCTURE PERMIT, APPROVED January 12, 2010 Moab City Recorder's Office Page 9 of 49 Page 1 I -1 Structure Permit by Tad Brown, d.b.a. Fuoco Pizza, to Conduct a Catering Vending Cart Located at 90 North Main Street from March 1 to October 1, 2010. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a Request for an Amplified Music Event at Old City Park by Carla Baker on June 18, 2010. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Confirm the Mayoral Appointment of Statutory Appointees for two year terms as follows: a. City Recorder — Rachel Ellison b. City Treasurer —Jennie Ross c. Public Works Director— Brent Williams d. Chief of Police — Mike Navarre Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to Confirm the Mayoral Appointment to the Moab City Planning Commission of Jeanette Kopell for a term of five years ending on December 31, 2014. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Confirm the Mayoral Appointment of Dan Stenta as the City Representative to the Grand County Solid Waste Special Service District Board for a four year term ending on December 31, 2013. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. AMPLIFIED MUSIC EVENT AT OLD CITY PARK, APPROVED MAYORAL APPOINTMENT OF STATUTORY APPOINTEES, APPROVED MAYORAL APPOINTMENT TO PLANNING COMMISSION, APPROVED MAYORAL APPOINTMENT TO GRAND COUNTY SOLID WASTE SPECIAL SERVICE DISTRICT BOARD, APPROVED Councilmember Sweeten moved to appoint Councilmember Bauman as COUNCILMEMBER BAUMAN the Mayor Pro-Tem for 2010. Councilmember Bailey seconded the APPOINTED AS MAYOR PRO TEM FOR 2010 motion. The motion carried 5-0 aye. Councilmember Bailey moved to Designate Councilmember Stucki as the Councilmember Responsible for Approving Bills against the City of Moab for 2010. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to Approve the Award of the Workers Compensation Insurance Coverage Bid to Utah Local Governments Trust in the amount of $40,179.53. Councilmember Sweeten seconded the motion. The motion carried 5-0 by a roll -call -vote. Mayor Sakrison read a proclamation and declared January 13. 2010 as Ready for Spring Day in the City of Moab. Councilmember Sweeten moved to approve Proposed Resolution #01- 2010 — A Resolution of Support and Commitment for the Lions Park Trail and Transit Hub Transportation Enhancement Grant Application. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve Proposed Resolution #02- 2010—A Resolution Establishing Fees for Recreation Facilities. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Bauman moved to table the Approval of Proposed Resolution #03-2010 — A Resolution Approving the Drinking Water COUNCILMEMBER STUCKI RESPONSIBLE FOR APPROVING BILLS FOR 2010 WORKERS' COMPENSATION INSURANCE BID AWARDED TO UTAH LOCAL GOVERNMENTS TRUST PROCLAMATION PROPOSED RESOLUTION #01- 2010, APPROVED PROPOSED RESOLUTION #02- 2010, APPROVED MOTION TO TABLE PROPOSED RESOLUTION #03-2010, FAILED January 12, 2010 Moab City Recorder's Office Page 10 of 49 Page 24 1 Source Protection Plan for the Lionsback Development and requested a special meeting to review the plan. Councilmember Bailey seconded the motion. The motion failed 2-3 with Councilmembers Bailey and Bauman voting aye. Councilmember Davis moved to approve Proposed Resolution #03- 2010 - A Resolution Approving the Drinking Water Source Protection Plan for the Lionsback Development. Councilmember Stucki seconded the motion. Councilmember Bailey moved to table the Approval of Proposed Resolution #03-2010 - A Resolution Approving the Drinking Water Source Protection Plan for the Lionsback Development. Councilmember Sweeten seconded the motion. The motion carried 5- 0 aye. Councilmember Sweeten left the meeting at 7:58 PM. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that Moab City Visioning would be held on February 4 and 5, 2010 and that staff had been preparing for the budget opening. City Manager Metzler also stated that she would be taking a vacation in the spring in Europe and would be presenting an accelerated budget process to accommodate that absence. City Manager Metzler thanked Community Development Director Olsen for overseeing the Lions Park Redesign Request for Proposals Project and that staff had been dealing with two subdivisions that are currently in default. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Councilmember Davis stated that he had been contacted by citizens who commented that the City had done an exceptional job on Christmas decorations. Mayor Sakrison stated that he would like to recognize Lance Christie for his work done on behalf of the City. Councilmember Bailey stated that steel was going up at the new hospital. Mayor Sakrison stated that Utah State University and the College of Eastern Utah would be offering a Registered Nursing Program at the new hospital. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $192,826.10. Councilmember Bauman seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 8:09 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder/Asst. City Mgr. MOTION TO APPROVE PROPOSED RESOLUTION #03- 2010 MOTION TO TABLE PROPOSED RESOLUTION #03-2010, APPROVED COUNCILMEMBER SWEETEN LEFT MEETING READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT January 12, 2010 Moab City Recorder's Office Page 11 of 49 Page 3 3 MOAB CITY COUNCIL REGULAR MEETING January 26, 2010 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Gregg Stucki, Kyle Bailey, Sarah Bauman and Rob Sweeten; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Engineer Dan Stenta, Planning Director Jeff Reinhart, City Treasurer Jennie Ross, Public Works Director Brent Williams and Police Chief Mike Navarre. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Eleven (11) members of the audience and media were present. There were no minutes to approve. There were no Citizens to be Heard. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Stenta stated that he had attended an annual engineering conference. Under Planning Department Update, Planning Director Reinhart distributed a written report. A Police Department Update was not given. A Public Works Department Update was not given. Mayor Sakrison presented Josh Jones with the Mayor's Student Citizenship of the Month Award for January 2010 for Helen M. Knight Intermediate School. Councilmember Bailey moved to approve Amendment #1 to Contract #060285 between the City of Moab and the State of Utah Administrative Services Division of Facilities Construction and Management. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Bauman moved to approve Change Order #1 to the Grand County Recreation and Aquatic Center Contract with Hogan & Associates Construction, Incorporated in the amount of $1,083,913. Councilmember Sweeten seconded the motion. The motion carried 4- 0 aye by a roll -call -vote. Councilmember Sweeten moved to approve a Purchasing Exception and Purchasing Agreement with C.E.M. Aquatics for a Material Purchase of a Swimming Pool in the amount of $1,083,913. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Sweeten moved to approve Resolution #04-2010 — A Resolution Approving Amendment #1 to the Interlocal Agreement for REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE MAYOR'S PRESENTATION OF STUDENT OF THE MONTH FOR HMK INTERMEDIATE SCHOOL AMENDMENT #1 TO STATE OF UTAH CITY CENTER LEASE AGREEMENT, APPROVED CHANGE ORDER #1 TO THE AQUATIC CENTER INTERLOCAL AGREEMENT, APPROVED PURCHASING EXCEPTION TO PURCHASE A SWIMMING POOL, APPROVED PROPOSED RESOLUTION #04- 2010, APPROVED January 26, 2010 Moab City Recorder's Office Page 12 of 49 _2 Page 1 of the Joint Financing of a Recreation Center Complex by and between the City of Moab and the Grand County Recreation Special Service District. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Waiver of Building Permit Fees for the Moab Valley Multicultural Center in an amount not to exceed $236.88. Councilmember Sweeten seconded the motion. The motion carried 3-0 aye with Councilmember Bauman abstaining as she is involved with the Moab Valley Multicultural Center. Councilmember Stucki moved to approve Proposed Resolution #03- 2010 — A Resolution Approving the Drinking Water Source Protection Plan for the Lionsback Development. Councilmember Sweeten seconded the motion. The motion carried 3-1 aye with Councilmember Bauman voting nay. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that Moab City Visioning would be held on February 4, 2010 and that staff had been busy preparing the budget opening information as well as information for City Visioning. City Manager Metzler also stated that the employee appeal had been cancelled by the appellant and that the rekeying of City Center was complete. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Councilmember Bailey stated that the long term care facility was only one week behind schedule and was almost back on schedule. Councilmember Bauman stated that she attended the National New Green Economies conference in Washington D.C., and that she would be attending a Housing Authority meeting the next day. Councilmember Stucki moved to pay the bills against the City of Moab in the amount of $60,065.03. Councilmember Bailey seconded the motion. The motion carried 4-0 aye by a roll -call -vote. WAIVER OF BUILDING PERMIT FEE FOR THE MOAB VALLEY MULTICULTURAL CENTER, APPROVED PROPOSED RESOLUTION #03- 2010, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS Councilmember Bailey moved to adjourn the meeting. Councilmember ADJOURNMENT Sweeten seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the meeting at 7:43 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder/Asst. City Mgr. January 26, 2010 Moab City Recorder's Office Page 13 of 49 Page 2 of MOAB CITY COUNCIL SPECIAL MEETING February 4 and 5, 2010 The Moab City Council held a Special Meeting on the above date at the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 8:46 AM. In attendance were Councilmembers Sarah Bauman, Rob Sweeten, Kyle Bailey, Jeffrey Davis and Gregg Stucki. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Treasurer Jennie Ross, City Engineer Dan Stenta, Planning Director Jeff Reinhart, Zoning Administrator Sommar Johnson, Public Works Director Brent Williams, Water Superintendent Lloyd Swenson, Street Superintendent Ken Denney, Facilities Supervisor Chace Gholson, Parks Superintendent Mark Marshall, Administrative Analyst/Economic Development Coordinator Kenneth F. Davey, Recreation Coordinator John Geiger, Moab Arts and Recreation Center Administrator Bayley Rogers, Planning and Community Development Director David Olsen, Film Commission Director Tara Penner, Teen Center Director Jen Williams, Police Chief Michael Navarre, Police Officer III Craig Shumway, Police Sergeant Steve Ross and Animal Control Officer Randy Zimmerman. The purpose of the Special Meeting was a Visioning Workshop between Elected Officials and City Departments. City Manager Metzler made a brief presentation. Each Department made a presentation. Discussion followed amongst City Staff and City Councilmembers. Mayor Sakrison recessed the Special Meeting at 3:32 PM. Mayor Sakrison reconvened the Special Meeting on February 5, 2009 at 9:04 AM. City Planning Commission Member Kelly Thornton was present as well as two audience members Discussion and presentations continued. Mayor Sakrison adjourned the Special Meeting at 10:55 AM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder/Asst. City Mgr. SPECIAL MEETING & ATTENDANCE PURPOSE OF SPECIAL MEETING DISCUSSION REGARDING VISIONING MEETING RECESSED MEETING RECONVENED DISCUSSION CONTINUED ADJOURNMENT February 4 and 5, 2010 Page 1 of 1 Moab City Recorder's Office Page 14 of 49 1-3 MOAB CITY COUNCIL REGULAR MEETING February 9, 2010 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 5:30 PM. In attendance were Councilmembers Gregg Stucki, Jeffrey Davis, Sarah Bauman and Kyle Bailey; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Engineer Dan Stenta, Planning Director Jeff Reinhart and Police Chief Mike Navarre. REGULAR MEETING & ATTENDANCE PRECOUNCIL WORKSHOP A presentation was made by City Engineer Stenta regarding Storm Water STORM DRAINAGE Drainage. PRESENTATION Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Also in attendance were City Treasurer Jennie Ross, Community Development Director David Olsen and Recreation Coordinator John Geiger. Sixteen (16) members of the audience and media were present. There were no Citizens to be Heard. A Community Development Department Update was not given. Under Planning Department Update, Planning Director Reinhart gave a brief overview of the Planning Commission Agenda scheduled for February 11, 2010. Under Engineering Department Update, City Engineer Stenta stated that he had attended a Joint Highways Committee meeting to submit a grant application for the 500 West Reconstruction project and that the application was well received. A Police Department Update was not given. A Public Works Department Update was not given. A Presentation was made Carrie Valdes of the Grand County Library. A Presentation was made by Jane Butter, Danette Johnson, and Stephanie Dahlstrom of the Moab Community Action Coalition Regarding Communities that Care. Mayor Sakrison opened a public hearing on 1) Public Input on a Proposed Conditional Use Permit for Ben Byrd for Thirty-one Twin Homes in the Preserve Subdivision; 2) Public Input on Proposed Ordinance #2010-01— An Ordinance Amending the City of Moab Land Use Code Chapter 17.55, Hillside Developments as Applied in All Zones; and 3) Public Input on Proposed Ordinance #2010-02 — An Ordinance Amending Title 10, Vehicles and Traffic, Specifically Chapter 10.04, Vehicle Code, and More Specifically, Chapter 10.04.230, Unlawful Parking -Vehicles Left Standing for More than Forty -Eight Hours and Overnight Camping in Vehicles at 7:34 PM. Planning Director Reinhart gave a staff overview of the three public hearing items. REGULAR MEETING CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE PLANNING UPDATE ENGINEERING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PRESENTATION BY GRAND COUNTY LIBRARY PRESENTATION REGARDING COMMUNITIES THAT CARE PUBLIC HEARING OPENED February 9, 2010 Moab City Recorder's Office Page 15 of 49 Page 11 4 Citizen Kirstin Peterson inquired if Ordinance #2010-02 was going to be enforced on a complaint basis only. City Manager Metzler stated that the City does not have the staff resources to enforce proactively and that staff considered the ordinance a tool for enforcement. No public comment was given. Mayor Sakrison closed the public hearing at 7:39 PM. Councilmember Davis moved to approve the Consent Agenda as follows: 1) Request to Send Proposed Resolution #05-2010 — A Resolution Amending the Fiscal Year 2009-2010 Budget to Public Hearing; 2) Approval of a Special Event License Application for the Canyonlands Volleyball Tournament Series to be held on various dates in February and March, 2010 at the Grand County Middle School Gym and the Center Street Gym; 3) Approval of a Special Business Event License Application for the Canyonlands Half Marathon and Five Mile Run to be conducted on March 19 to 20, 2010 at the Center Street Gym and Swanny City Park; 4) Approval of a Request for Use of Swanny City Park by Moab Half Marathon Inc. on March 19, 2010; 5) Award of the 2010 Crack Sealant Project; 6) Approval of the 2010 Crack Sealant Contract. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call - vote. Councilmember Bauman moved to approve a Request for a Fee Waiver of Gym Rental Fees for the Canyonlands Half Marathon in the Amount of $2,235. Councilmember Bailey seconded the motion. The motion carried 4-0 by a roll -call -vote. Councilmember Stucki moved to approve Amendment Number One to the Agreement between the City of Moab and the University of Utah for the Project Entitled "Water Distribution Model Development and Calibration." Councilmember Bailey seconded the motion. The motion carried 4-0 aye by a roll -call -vote. PUBLIC HEARING CLOSED CONSENT AGENDA, APPROVED GYM RENTAL FEE WAIVER FOR CANYONLANDS HALF MARATHON, APPROVED AMENDMENT NUMBER ONE TO AGREEMENT WITH UNIVERSITY OF UTAH FOR WATER MODEL DEVELOPMENT, APPROVED Councilmember Davis moved to approve Local Consent for a Club Liquor LOCAL CONSENT FORA License for Michael Miller, d.b.a. Moab Brewery Located at 686 South Mair CLUB LIQUOR LICENSE FOR Street. Councilmember Bauman seconded the motion. The motion carriec MOAB BREWERY, 4-0 aye. APPROVED Councilmember Davis moved to Approve a Private Club License for Michae PRIVATE CLUB LICENSE FOR MOAB BREWERY, Miller, d.b.a. Moab Brewery Located at 686 South Main Street. APPROVED Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Mayor Sakrison began a discussion Regarding the Process for Filling a Mid-term City Council Vacancy. Discussion followed. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that staff had been busy dealing with the City Visioning process as well as mid -year budget amendments and next fiscal year's budget preparation. Under Report on City/County Cooperation, Mayor Sakrison stated that he had not heard back from the County regarding the scheduling of the next joint meeting. DISCUSSION REGARDING FILLING MID-TERM COUNCIL VACANCY READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION February 9, 2010 Moab City Recorder's Office Page 16 of 49 _4 Page 2 0 Under Mayor and Council Reports, Mayor Sakrison stated he would be MAYOR AND COUNCIL attending a South Eastern Utah Association of Local Government meeting REPORTS the following week. Councilmember Stucki moved to pay the bills against the City of Moab in the amount of $502,796.12. Councilmember Davis seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Davis moved to adjourn the meeting. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the meeting at 8:10 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder/Asst. City Mgr. APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED ADJOURNMENT February 9, 2010 Moab City Recorder's Office Page 17 of 49 Page 3 ofl 4 MOAB CITY COUNCIL SPECIAL MEETING February 12, 2010 The Moab City Council held a Special Meeting on the above date at the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 1:30 PM. In attendance were Councilmembers Sarah Bauman, Kyle Bailey, Jeffrey Davis and Gregg Stucki. Also in attendance were City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Ellison. The purpose of the Special Meeting was Interviewing of Candidates to Facilitate an Appointment to the City Council for a Mid -Term Vacancy. SPECIAL MEETING & ATTENDANCE PURPOSE OF SPECIAL MEETING The City Council interviewed Kirstin Peterson, Wayne Hoskisson and Joe CANDIDATE INTERVIEWS Downard. Councilmember Bailey moved to recess the Special Meeting until 12:40 PM. Councilmember Stucki seconded the motion. The motion carried 4-0. Mayor Sakrison recessed the meeting at 11:30 AM. Mayor Sakrison reconvened the meeting at 12:40 PM. The City Council interviewed Michelle Steele, Kelly Thornton and Matt Hoppensteadt. Councilmember Davis moved to recess the Special Meeting until 2:45 PM. Councilmember Bailey seconded the motion. The motion carried 4-0. Mayor Sakrison recessed the meeting at 1:50 PM. Mayor Sakrison reconvened the meeting at 2:45 PM. The City Council interviewed Norman Boyd. Councilmember Bailey moved to adjourn the Special Meeting. Councilmember Stucki seconded the motion. The motion carried 4-0. Mayor Sakrison adjourned the Special Meeting at 3:09 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder/Asst. City Mgr. February 12, 2010 MOTION TO RECESS, APPROVED MEETING RECESSED MEETING RECONVENED CANDIDATE INTERVIEWS MOTION TO RECESS, APPROVED MEETING RECESSED MEETING RECONVENED CANDIDATE INTERVIEW MOTION TO ADJOURN, APPROVED ADJOURNMENT Page 1 of 1 Moab City Recorder's Office Page 18 of 49 1-5 MOAB CITY COUNCIL SPECIAL MEETING February 17, 2010 The Moab City Council held a Special Meeting on the above date at the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 1:30 PM. In attendance were Councilmembers Sarah Bauman, Kyle Bailey, Jeffrey Davis and Gregg Stucki. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison and Deputy Recorder I Beth Joseph. The purpose of the Special Meeting was Interviewing of Candidates to Facilitate an Appointment to the City Council for a Mid -Term Vacancy. The City Council interviewed Jennifer Sadoff and Kurt Webb. SPECIAL MEETING & ATTENDANCE PURPOSE OF SPECIAL MEETING CANDIDATE INTERVIEWS COuncilmember Bailey moved to adjourn the Special Meeting. MOTION TO ADJOURN, APPROVED Councilmember Stucki seconded the motion. The motion carried 4-0. Mayor Sakrison adjourned the Special Meeting at 2:26 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder/Asst. City Mgr. ADJOURNMENT February 17, 2010 Page 1 of 1 Moab City Recorder's Office Page 19 of 49 1-6 MOAB CITY COUNCIL REGULAR MEETING February 23, 2010 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Gregg Stucki, Kyle Bailey, Sarah Bauman and Jeffrey Davis; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Engineer Dan Stenta, City Treasurer Jennie Ross, Planning Director Jeff Reinhart and Police Chief Mike Navarre. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Twenty- four (24) members of the audience and media were present. There were no minutes to approve. Under Citizens to be Heard, Page Holland spoke regarding Approval of Proposed Resolution #06-2010 — A Resolution Declaring Default with Respect to the Haciendas Subdivision. Ms. Holland read a letter delivered that day from her attorney to City Manager Donna Metzler. Ms. Holland stated that she felt that city staff had not been enforcing city code on certificate of occupancy issues and that city laws should not be bent because staff felt sorry for the developer. Ms. Holland stated that she was very concerned, after speaking to staff, that some improvements outlined in the agreement would be completed and funds would be refunded to the developer. Ms. Holland stated that after her attorney had spoken to City Attorney Chris McAnany, it was her attorney's impression that the matter before the City Council was not vacation of the subdivision plat, but that the proposed resolution contemplates that. Ms. Holland brought to the Council's attention that some of the lots had been conveyed from the developer in October 2009 by quit claim deed. Ms. Holland stated that she felt it was too soon to vacate the plat and that she had been opposed to the original subdivision approval. Ms. Holland stated that her understanding was that a requirement of the annexation was screening on the northern boundary. Ms. Holland stated that she would like to see that continue as mandated in the agreement. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Stenta stated the 500 West Road Construction Project bids had closed that day and five bids were received. City Engineer Stenta stated that the bids would fit within budget but without street lights. Mayor Sakrison inquired what the time frame would be and how it would impact the hospital construction project. City Engineer Stenta stated that construction should begin around April 1, 2010 and that the hospital contractor would be working with the 500 West construction contractors to mitigate any potential issues. REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE Planning Department Update was not given. PLANNING UPDATE A Police Department Update was not given. POLICE UPDATE February 23, 2010 Moab City Recorder's Office Page 20 of 49 Page 1 of A Public Works Department Update was not given. Mayor Sakrison presented Clare McGraw with the Mayor's Student Citizenship of the Month Award for February 2010 for Helen M. Knight Intermediate School. Councilmember Davis moved to approve the Consent Agenda as follows: 1) Approval of a Moved -on Structure for Temporary Seasonal Sales by a Permanent Business for Lost River Located at 90 North Main Street to Conduct Seasonal Sales at 90 North Main Street from March 15 to October 15, 2010; 2) Approval of a Moved -on Structure for Temporary Seasonal Sales by a Permanent Business for City Market to Conduct Seasonal Sales at 425 South Main Street from March 5 to June 25, 2010; 3) Approval of a Peddler License for Chad Niehaus and Colin Topper, d.b.a. Moab Pedicab Company to Conduct a Pedicab Service; 4) Approval of a Special Event Business License for Tap Enterprises Inc., to Conduct a Tool Sale Located at 711 South Main Street on March 14 and 15, 2010; 5) Approval of a Special Business Event License for Mark Griffin and Beth Logan to Conduct the Skinny Tire Festival Road Cycling Event Located at 1551 North Highway 191 from March 12 to 16, 2010; 6) Award and Approval of the Photographic Concessionaire Contract to Perpetual Images; 7) Award and Approval of the Ballpark Concessionaire Contract to Sharee Carlson, d.b.a. Granny's Snack Shack. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve a Proposed Conditional Use Permit for Ben Byrd for Thirty-one Twin Homes in the Preserve Subdivision with conditions outlined by the Moab City Planning Commission in Resolution #14-2009. Councilmember Davis seconded the motion. The motion carried 3-0 aye with Councilmember Bailey abstaining. Councilmember Bailey moved to approve Proposed Ordinance #2010- 01— An Ordinance Amending the City of Moab Land Use Code Chapter 17.55, Hillside Developments as Applied in All Zones as amended. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Bauman moved to approve Proposed Ordinance #2010-02 — An Ordinance Amending Title 10, Vehicles and Traffic, Specifically Chapter 10.04, Vehicle Code, and More Specifically, Chapter 10.04.230, Unlawful Parking -Vehicles Left Standing for More than Forty-eight Hours and Overnight Camping in Vehicles as amended. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve Proposed Resolution #06- 2010 — A Resolution Declaring Default with Respect to the Haciendas Subdivision. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Bauman moved to approve Proposed Resolution #07- 2010 — A Resolution Declaring Default with Respect to the Portal Vista Subdivision Planned Unit Development. Councilmember Stucki PUBLIC WORKS UPDATE MAYOR'S PRESENTATION OF STUDENT OF THE MONTH FOR HMK INTERMEDIATE SCHOOL CONSENT AGENDA, APPROVED CONDITIONAL USE PERMIT FOR BEN BYRD FOR THIRTY- ONE TWIN HOMES IN THE PRESERVE SUBDIVISION, APPROVED PROPOSED ORDINANCE #2010- 01, APPROVED PROPOSED ORDINANCE #2010- 02, APPROVED PROPOSED RESOLUTION #06- 2010, APPROVED PROPOSED RESOLUTION #07- 2010, APPROVED February 23, 2010 Moab City Recorder's Office Page 21 of 49 _7 Page 2 of 4 seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve Change Order #2 to the Grand County Recreation and Aquatic Center Contract with Hogan & Associates Construction, Incorporated. Councilmember Bailey seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Bailey moved to approve a Purchasing Exception and a Purchasing Agreement with Fast Corporation for the Material Purchase of a Fiberglass Water Slide in the Amount of $32,098.40. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Davis moved to appoint Kirstin Peterson to the Moab City Council to Fill a Mid-term Vacancy for a Term Ending December 31, 2011. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve Proposed Resolution #05- 2010 — A Resolution Amending the Fiscal Year 2009-2010 Budget. Councilmember Davis seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Davis moved to approve Proposed Resolution #08- 2010 — A Resolution of the Governing Body of the City of Moab, Utah, Authorizing the Execution and Delivery of a Lease -Purchase Agreement and Related Documents. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Under Reading of Correspondence, Mayor Sakrison stated that the 2010 Census was coming up and was critical to our community and urged all citizens to participate in the 2010 Census. Mayor Sakrison distributed a list of all bills being considered by the State of Utah Legislature this session. Under Administrative Report, City Manager Metzler stated that Departments were working on budget preparation and that departmental meetings would begin on March 8 and that a balanced budget would be presented to the City Council on April 1. City Manager Metzler stated that City staff had been working with the Humane Society and Grand County to coordinate animal intake at the Animal Shelter as well as preparing a press release on the City's visioning process. City Manager Metzler stated that she had been working on a contract for the Lions park design. Under Report on City/County Cooperation Councilmember Stucki inquired when the next joint City/County meeting would be. Mayor Sakrison said he would follow up with the Grand County Council Chair. Under Mayor and Council Reports, Councilmember Bauman stated that CHANGE ORDER #2 TO THE GRAND COUNTY RECREATION AND AQUATIC CENTER CONTRACT WITH HOGAN CONSTRUCTION, APPROVED PURCHASING EXCEPTION AND AGREEMENT WITH FAST CORPORATION TO PURCHASE A FIBERGLASS WATER SLIDE, APPROVED KIRSTIN PETERSON APPOINTED TO FILL A MID-TERM CITY COUNCIL VACANCY FOR A TERM ENDING DECEMBER 31, 2011, APPROVED PROPOSED RESOLUTION #05- 2010, APPROVED PROPOSED RESOLUTION #08- 2010, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION she would attend a Housing Authority Meeting on February 24, 2010. MAYOR AND COUNCIL REPORTS Mayor Sakrison stated that he had attended an Association of Local Governments meeting in Price, Utah. Councilmember Stucki moved to pay the bills against the City of Moab APPROVAL OF BILLS February 23, 2010 Moab City Recorder's Office Page 22 of 49 _7 Page 3 of 4 in the amount of $388,837.33. Councilmember Bailey seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 8:20 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder/Asst. City Mgr. ADJOURNMENT 1-7 February 23, 2010 Moab City Recorder's Office Page 23 of 49 Page 4 of 4 February 26, 2010 Moab City Council 217 E Center Street Moab, UT 84532 Dear Councilmembers, This letter is to request permission to use the City right of way for a sidewalk sale to be held on March 20 and 21, 2010. The hours of the sale are scheduled to be 9 a.m. to 6 p.m. All rules and regulations pertaining to sidewalk sales will be followed. Thank you for your consideration. Sincerely, John Knowles Arches Trading Post 50 S Main Street Moab, UT 84532 Moab City Recorder's Office Page 24 of 49 DATE PAID: AMOUNT PAID: RECEIPT NO.: 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 O CLASS I FEE: Si CLASS II FEE: PRIVATE CLUB ❑ CLASS III FEE: O CLASS IV FEE: LICENSE #: $180.00 $180.00 $650.00 $80.00 $80.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: iiik it (Allkirrc HOME ADDRESS: —60 CITY: SOCIAL SECURITY NUMBER: DATE OF BIRTH: DRIVER LICENSE NUMBER & STATE: HOME PHONE: 90 0: 2-'2`1 3 BUSINESS INFORMATION BUSINESS NAME: atack kU, BUSINESS ADDRESS: 2-Z" ,5, 41C)6 F_ , BUSINESS MAILING ADDRESS: ZZ.5 5 _ eic0E CITY: 1/140 ,6 SALES TAX ID #: BUSINESS PHONE: STATE: UT ZIP: S(c-(�Z- 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 1. ❑ CLASS I 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. ❑ CLASS II 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. ❑ PRIVATE CLUB Same conditions as Class I and Class II Beer Licenses. ❑ CLASS III ❑ CLASS IV 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)? ❑ No al 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: Wcrtack ) i�llit 5 (4.4*(-er" j oab brt„tAfv.A3 13“,d1-vl•ae,tr'--. �ilrev\ ,) A5 A 1 5 art orro A r1 *Beer application is for 3.2% by weight only. Also requires a State license. Moab City Recorder's Office Page 25 of 49 2/07/05 CITY OF MOAB INFORMED CONSENT AND RELEASE OF LIABILITY In connection with my application for a Beer License with Moab City, I hereby authorize the forenamed agency as well as the Utah Bureau of Criminal Identification to investigate my past and present work, education, and law enforcement records to ascertain any and all information, which may be pertinent to licensing regulations. I do hereby release all person, firms, agencies, companies, groups or installations, whomsoever, from any damages oFor resulting from release shall function as an original. Z lU Signature o pplicant Signature of Witness Fr:aok..te vAQ- Print Name of Applicant < ' pp Date Jake 5fr'11^ 114111 Print Name of Witness Da e State of Utah ) County of �, 1, Q�G ) On the / day of ��.� ,_90` e) , personally appeared before me %p,�e�c 1ufr� , who duly acknowledged to me that they executed the same. My Commission Expires: Residing in: _,�,�c County 7 /Le,f,(,' /e 4-2 Moab City Recorder's Office Page 26 of 49 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 ) .SX17 _ : SS COUNTY OF ) Tam vt re-\ , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above nAmed; that he /sire -has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/J4ar own knowledge. Subscribed and sworn to before me on this _-! day of _4;2-eV& . Notary Public 4-2 Moab City Recorder's Office Page 27 of 49 "LIMITED RESTAURANT LICENSE" LOCAL CONSENT Attn: DABC Licensing & Compliance Section , [ ] City [ ] Town [ ] County hereby grants its consent to the issuance of a limited restaurant license to: Business Name: SaLiu sulk or Applicant / Business Owner: u//el /1 i1t;r`-/ Location Address: Pursuant to the provisions of Utah Code 32A-4, Part 3, this license allows for the storage, sale and consumption of wine / beer on the premises. [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32A-4-302 (4)(c)(i)(A), 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, UT 84130-0408 Effective May 12, 2009 (v.7.2.09) Page 7 of 42 4-3 Moab City Recorder's Office Page 28 of 49 Michael Navarre, Chief of Police MOAB CITY POLICE DEPARTMENT 217 East Center Street, Suite #130 Moab, Utah 84532 (435) 259-8938 FAX (435) 259-8915 MCPD-MEMO-10-03-02 Date: 03/05/10 To: Rachel Ellison From: Navarre Re: Sabaku (beer license) It appears as though there is a Proximity issue in regards to this beer license. Under section 5.20.360 paragraph C. The address listed for this business is 225 south 400 east. The distance determined for vehicular traffic from 225 South 400 East to Dixie Park is 552 feet. Thanks CHIEF OF POLICE 4-3 Moab City Recorder's Office Page 29 of 49 GCSD School District Offices (no students) PROXIMITY MAP - 225 South 400 East Street Showing Distances to Parks, Schools, and Churches O Mot0City Reibber's Office 200 Feet 1 1 I I 1 1 1 1 1 Page 30 of 49 4-3 Youth Garden Project 530 South 400 East Moab, Utah 84532 435-259-2326 www.youthgardenproject.org Moab Farmers' Market Moab Farmers' Market 530 So 400 East Moab, Utah 84532 February 23, 2010 Dear City Council Members, The Moab Farmers' Market, under the umbrella of the Youth Garden Project, a 501(c) 3 non profit organization, would like to request the use of Swanny City Park on Saturday mornings beginning May 1, 2010 through October 23, 2010. The location at the southeast corner of the park has worked well for us in the past, and we hope to continue the market there this year. The Moab Farmers' Market is held each Saturday from 8 am to noon. Vendors begin setting up at 6:30 am and leave by 1 pm. In addition to being a source of fresh locally grown produce and local arts and crafts, the market hosts music, demonstrations and children's activities. The Market Manager is on site each week to enforce market guidelines as well as city ordinances as they pertain to park use. We appreciate your consideration. If you have questions, please contact Market Manager Gayle Weyher at 259-0242, or YGP Executive Director Jen Sadoff at 259- 2326. Sincerely, ;�/1.. yle eyher rket Manager The Youth Garden Project cultivates personal growth, self responsibility, and community awareness in youth through organic gardening, experiential education programs, and community service. Moab City Recorder's Office Page 3 of 49 DATE PAID: AMOUNT PAID: RECEIPT NO.: p , pr6 \ 0 l CITY OF MOAB SPECIAL BUSINESS EVENT UCENSE APPUCATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80.00 PLUS (CHECK ONE): 171 TRANSIENT ($80): OR rj CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: O' D LICENSE #: ZONE: R NAME OF EVENT: M A-e) rik-72_,A.4 Cr. 5 h DESCRIPTION OF EVENT: v e„r) d Q r s Q F c_ra F-r5 i 4_7 Kr Ce j � >� 03-4r-f_(_\ -6O d 5 LOCATION OF EVENT: (;VV (2 yl Y1 �,ICI hi Po ✓ k_ - Sot) f' �.� e Q S� C O r-y-) e t— PREMISES TO BE USED: �� i F nlX, TEMPORARY STRUCTURES TO BE USED (IF ANY): E! 7 ,„)_c_.,,s a d ! Ci b DATE(S) AND TIME(S) OF EVENT: ej1/4/�/SG Y(% Y (l L1 y �I as/1 I Jul ✓-LJ O C � 23 ANTICIPATED # OF EVENT PARTICIPANTS: ! NUMBER OF VENDORS PARTICIPATING: TYPES OF VENDORS PARTICIPATING IN EVENT: (7rejd VCQ h Q vve v p r(va/r - k r4 d 5 I EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): US ver D if- "'"1 I- s �d1 O fi c ce ri week ftc, bad d on `501.U.5_.. EVENT SPONSOR'S NAME: SPONSOR'S ADDRESS: oc� Pea j e_r r �30 SO LI-co v,a 1+-- Dry: fook3 SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: N r IPHONE: Z5 " �/ STATE: T_ ZIP: 04-15 DATE 3F BIRTH: NI TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNE- 2,11112 O CORPORA i TON ilt.C2THER (SF"_GIFY): non 19 P d F ( r- SA rrie c{ 5 EVENT SPONSOR'S SALES TAX ID #: cr p pi r NAME REGISTERED WITH THE STATE FOR TAX ID: 4 ( oi4- if-reiryc THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED I/V1/E Z+ e/ IT 19 LT) Peo J [ LF SE PRINT NAMES BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/VVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. nawre State of h ) County of Grand ) 2 rd SUBCRIBED AND SWORN to betore me this"- J HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY NOTARY PUBLIC SS Moab City Recorder's Office 2- 22- 2-010 Date day of �e_,\D r vLo, c )--0 f TY OF MOA 5 04 FOR DEP IT ONLY ZIONS FI A AL BANK OAB, UTA 124000054 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 32 of 49 4-5 CITY OF MOAB Y o MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: I14ei MOAB CITY CODE: 014 SIGN PERMIT: %1 O ' w 2-+ MOVED -ON NECESSARY: ❑YES NO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES NO REVIEWED BY ZONING ADMINISTRATOR: DATE: A. A') I l) i I NAME OF APPLICANT: C APPLICANT'S MAIUNG ADDRESS: YO 1 r+ E,P __V e ) 1-1 PHONE: °S(71 "" &L)C 530 Sa 400 C' `1 `'7 r— CITY: .M.OA-13 STATE: ()J ZIP: 5493a [BusiNEssNAmE: MOM, FJ ` itA 5 ' / BUSINESS LOCATION: SWQ n n (� G 1 par 1 a—� i DETAILED DESCRIPTION OF BUSINESS ACTIVITY: G ��C Kai i ZONE: 2)0 S of. produ C_e f F 1dvveLv J ors Moab City Recorder's Office Page 33 of 49 YGP Moab City Recorder's Office Musicians 100 WEST Page 34 of 49 Swanny City Park 2010 FARMERS' MARKET VENDOR LOCATIONS 4 N -5 MO B CITY" MOVEDimON STRUCTURE PERMIT BUSINESS NAME: / 4 Da 41111/en-it...4.e. Ce h 4 e ►� BUSINESS PHONE: i3 S' 2 59' - Fec i 7 OWNER'S NAME gr- j 4 4 /?%err ' I I OWNER'S PHONE: (3 S. - 2 S % - 70 ( MAILING ADDRESS: 2,25 S /1-24r'r7 54 47bor Lr 7 iys3 Z PROPOSED USE OF STRUCTURE: TYPE OF STRUCTURE: Te<? 4- ADDRESS OF PROPOSED STRUCTURE'S LOCATION 22-5 �. / a.,..1 S4- Mo",b LlT O ! S3 Z NAME OF PROPERTY OWNER (PRINT): 3 F f 6-) ail it /0";"17(6 I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: Fe4-C Ju 14/76<' ` SIGNATURE OF OWNER APPROVING LOCATION OF RESTROOM FACILITIES: 2 2S S'1'1�` " �% USE OF RESTROOM FACILITIES: I COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: AYES ❑ NO ZONE: Zoning Administrator's Signature: Mik-46(464,1 j BUILDING PERMIT REQUIRED: ❑ YES No BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL SIGNATURE OF CITY RECORDER MOVED -ON STRUCTURE TERM: FROM 3 TO I k6 1 d Required inspections on back. MOVED -ON STRUCTURE FEE: 1 % STATE TAX: PYMT REC'D CITY OF MOAB FEB 8 3 2010 amr '7S:7S $75.00 .75 $75.75 6 oab City Recorder's Office age s5 o 4-1 0_ 41.9.111/1. OWN dm iv, A WS isnrrn. Lig= Mew we .141.110 .1 1.4111WN. Moll NO41,4/NR41 din1191.1~••••“ iu ela•rris.At MINORT11•1141113 o x cc u_ HP LFISERJET E a. CO N .. a- cr) o 0 N a- o L 10 E HMI WON =WM NMI ILMOEF 005 831N33 3HrILN3ACIV EIVI 14011103dX3 1:13A1EI P1613.1.01A 9-17 Page 36 of 49 Moab City Recorder's Office AGREEMENT For the INSTALLATION OF PUBLIC UTILITY IMPROVEMENTS Extension of City Sewer System Associated with North Area Trunk Sewer Project The CITY OF MOAB, a Utah municipal corporation (hereinafter "CITY"), and Dennis E. & Patricia Byrd, husband and wife (hereinafter "LAND OWNER") and mutually referred to as the "parties", do hereby enter into the following Agreement regarding the installation of a lateral sewer main across LAND OWNER's property. Said sewer main is to become part of the CITY's public sewer system upon completion according to the terms and conditions set forth herein. I. RECITALS. A. The capital improvements project referred to as the North Area Trunk and Lateral Sewer System created a new 18" diameter sewer trunk line running in an easement across the western edge of LAND OWNER's property, (hereinafter "the sewer trunk line"). The sewer trunk line, completed by the CITY in 2006, extended city sewer service to the north area of the city. B. One outcome of the sewer trunk line project was the effective replacement of an old sewer main that was in very poor condition, and that served Westwood Subdivision, (hereinafter "the old sewer line"). The alignment of the old sewer line traversed approximately 1,700 feet of cultivated cropland generally located in the southeastern portion of LAND OWNER's property. C. All connections previously served by the old sewer line were switched over to the new trunk line with the exception of one residential connection, (hereinafter the "Alger connection"), that was located too far from the new trunk line to be connected to the new trunk line without additional improvements. D. It was determined by city staff that repair and maintenance of the old sewer line for the sole purpose of serving the Alger connection was not in the CITY's best interest. Three viable alternatives existed for serving the Alger connection: (i) Alternative # 1: Installation of an onsite wastewater system, "a septic system", on the Alger property, or 4-7 Moab City Recorder's Office Page 37 of 49 Agreement — Sewer Improvements North Area Trunk Line City of Moab and Dennis E. & Patricia Byrd Page 2 of 6 (Plus Exhibits) (ii) Alternative #2: Installation of an individual sewer pumping station on Alger property with the effluent discharge piped to the sewer main located in 500 West Street, or (iii) Alternative #3: Installation of a new gravity sewer main crossing LAND OWNER's property that would connect the Alger connection to the new sewer trunk line. E. In order to select the best alternative, the construction cost associated with each alternative was estimated, and the relative performance of each alternative was evaluated. (See Exhibit A for detail on cost development and performance evaluation). On the basis of these parameters, Alternative #2 was determined to be the best option for the CITY, at an estimated cost of $13,057. F. The LAND OWNER indicated a strong preference for Alternative #3 as it would facilitate future development plans for their property. LAND OWNER offered to provide equipment and labor at no cost to the CITY in order to reduce the cost for Alternative #3 to an amount no greater than the estimated amount for the CITY's preferred alternative ($13,057). The LAND OWNER and the City Engineer negotiated an arrangement whereby the LAND OWNER would be responsible for the construction of Alternative #3 and the CITY would provide design drawings and materials provided that the cost to the CITY could not exceed $13,057. II. AGREEMENT IN CONSIDERATION OF THE ABOVE RECITALS THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Covered Improvements. The improvements covered by this agreement (hereinafter "the Improvements") are limited to the installation of an eight (8) inch diameter gravity sewer main line together with all appurtenant structures crossing LAND OWNER's property at a depth of approximately five to seven feet; and the installation of a four (4) inch diameter sewer service line, together with all appurtenant fittings, cleanouts and similar, connecting the existing Alger connection to the new main line. The improvements will provide a permanent connection between the Alger property and the CITY sewer system. The improvements are shown in greater detail on the engineering plans attached as Exhibit B hereto (hereinafter "the Plans"). This agreement explicitly does not cover any other public improvements associated with the proposed subdivision referred to as "The Preserve". 2. CITY's Contribution. The CITY will furnish engineered construction drawings for the Improvements, the Plans; and all construction materials necessary to complete the Moab City Recorder's Office Page 38 of 49 Agreement — Sewer Improvements North Area Trunk Line City of Moab and Dennis E. & Patricia Byrd Page 3 of 6 (Plus Exhibits) sewer line provided that the cost to the CITY for materials shall not exceed the amount of $13,057. The materials provided by the CITY are limited to only those materials necessary to construct the sewer line in accordance with the Plans and the CITY's standard specifications. Materials will be delivered to LAND OWNER's property for use in completion of the improvements. Materials are generally described as follows: (a) Sewer Pipe (i) 8" diameter PVC sewer pipe SDR 35, plan quantity (ii) 4" diameter PVC sewer pipe SDR 35, plan quantity (iii) Pipe lubricant as needed for installation (b) Sewer Manholes (i) 48" diameter precast concrete sewer manholes, height as specified on the Plans, plan quantity (ii) Cast iron ring and covers for all manholes (iii) Gasket material as necessary for installation of manholes (c) Crushed Rock (i) 2" diameter screened, crushed rock for trench bottom stabilization, if required (ii) 3/8" diameter rock chip for pipe zone material, if native material deemed unsuitable 3. LAND OWNER's Contribution. The LAND OWNER shall provide all labor, equipment, and materials necessary to complete the improvements in accordance with the Plans and specifications; with the exception of the materials listed in the preceding paragraph. 4. Standards for Improvements. The installation of the improvements will be completed in conformance with the Plans and all applicable provisions of the CITY's standard specifications, (Moab City Design Standards and Public Improvement Specifications, 1999). Any deviations from the Plans must be approved by the City Engineer, and such approval must be evidenced by a description of the change and the City Engineer's stamp of approval. Where discrepancies occur between the Plans and the standard specifications, the Plans shall prevail. 5. Quality Assurance. All work on the improvements must be performed in accordance with the following provisions: (a) All work must be performed under the supervision of a contractor in possession of a current E100 contractor license issued by the State of Utah. (b) All work will be subject to quality assurance testing and inspection of the type and frequency specified in the City's standard specifications. Moab City Recorder's Office Page 39 of 49 Agreement — Sewer Improvements North Area Trunk Line City of Moab and Dennis E. & Patricia Byrd Page 4 of 6 (Plus Exhibits) (c) Quality assurance testing and inspection will be performed by the CITY at the CITY's expense unless the LAND OWNER chooses to use a third party testing entity, in which case all costs associated with testing performed by a third party will be the sole responsibility of LAND OWNER. (d) If LAND OWNER elects to use a third party testing entity, the tests must be conducted by a professional testing firm certified to perform the type of tests and inspections required by the specifications. Records of all testing with sufficient detail to verify compliance with the specifications must be provided to the CITY. (e) LAND OWNER will provide safe access to the work for inspection purposes, and must provide notice of work ready to be tested a minimum of 48-hours in advance of the work being covered up. Failure by the CITY to conduct testing and inspection within the 48-hour period will be deemed acceptance of that portion of the work unless other arrangements are agreed to. (f) LAND OWNER may be required to uncover and replace any work that was not tested in accordance with this paragraph. 6. Timeline for Completion. LAND OWNER will complete construction of the improvements by May 1, 2010. The timeline for completion may be extended due to unforeseen delays and/or unanticipated conditions, however any extension of time must be agreed to by both parties. 7. CITY's Acceptance of Improvements, Warranty. Upon satisfactory completion of the sewer line improvements in accordance with the Plans and specifications, as evidenced by inspection and/or test results as applicable, the LAND OWNER shall dedicate the main line improvements to the CITY, and the CITY shall accept the improvements subject to the following terms and conditions: (a) The LAND OWNER'S dedication of the sewer improvements will be in the form of a signed written document that must include a one year warranty statement against defects in workmanship. (b) Said dedication shall be accompanied by the granting, by the LAND OWNER, of a utility easement to the CITY, as utility provider, permitting the CITY to own, maintain, repair, and replace the sewer line improvements. The easement must be of sufficient width, alignment, and connectivity to public right-of-way to enable standard equipment to access and maintain the sewer line without encroaching upon LAND OWNER's adjacent lands. Said utility easement shall be provided in a form acceptable to the CITY. (c) The CITY's acceptance of the improvements shall be in the form of a Resolution approved by the CITY Council. Moab City Recorder's Office Page 40 of 49 4-7 Agreement — Sewer Improvements North Area Trunk Line City of Moab and Dennis E. & Patricia Byrd Page 5 of 6 (Plus Exhibits) 8. Future Use of Sewer Improvements. LAND OWNER, CITY, and adjoining properties will be allowed to make future connections to the new sewer main, including all connections associated with lots created by legal subdivision of LAND OWNER's property, provided however that the following conditions are met: (a) The sewer has sufficient flow capacity to accept the new connection (See note below), and (b) The necessary easements and/or public right-of-ways exist to accommodate the connection without trespass on private property, and (c) Connection of any new service must be accompanied by payment to the CITY of a sewer impact fee in an amount set by the impact fee schedule current at the time of the connection. Note: An 8 " diameter gravity sewer main, running at the slope specified in the Plans, has the ability to handle the sewer flow generated by 200 — 300 equivalent residential connections (ERC's), which is sufficient capacity to handle build -out of the surrounding area at current zoning densities. 9. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of LAND OWNER. Prior to assigning any or all of his/her rights and duties under this Agreement, LAND OWNER shall obtain from any transferee a written assumption acknowledging and agreeing to be bound by this Agreement. (a) This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. (b) Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. (c) The term "Agreement" includes this document and all exhibits hereto, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supercede all prior Agreements or representations, however evidenced. No modifications to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. (d) The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties stipulate to venue in the Seventh Judicial District Court, Grand County, Utah. In any such proceeding the parties waive trial to a jury on all claims and agree that the action shall be tried to the court. Moab City Recorder's Office Page 41 of 49 Agreement — Sewer Improvements North Area Trunk Line City of Moab and Dennis E. & Patricia Byrd Page 6 of 6 (Plus Exhibits) (e) In any legal proceeding concerning the terms of this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. (f) This Agreement shall be governed by Utah law. (g) The provisions of this Agreement are severable, and if any portion should be held to be void or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. (h) In the event of any legal dispute concerning this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. (i) All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, and delivered to the following addresses: To CITY: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To LAND OWNER: Dennis E. & Patricia Byrd 826 Colorado Avenue Moab, Utah 85432 Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. Moab City Recorder's Office Page 42 of 49 Agreement — Sewer Improvements North Area Trunk Line City of Moab and Dennis E. & Patricia Byrd Page 7 of 6 (Plus Exhibits) IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by LAND OWNER as of the date(s) specified below. CITY OF MOAB: Mayor David L. Salcrison Date ATTEST: Rachel Ellison CITY Recorder LAND OWNER: Dennis E. & Patricia Byrd Date Dennis E. Byrd Date Patricia Byrd Date STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by this day of , 20. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: Moab City Recorder's Office Page 43 of 49 EXHIBIT A (Worksheet of Cost Development for Alger Connection Alternatives) Moab City Recorder's Office Page 44 of 49 ENGINEER'S ESTIMATE of Probable Construction Costs Project: North Area Trunk & Lateral Sewer project - replacement of service to Alger property. Background: Alger property was connected to the sewer trunk line that was replaced by the new trunk system. The new pipeline did not follow the same alignment as the old pipeline. As a result, the sewer service line to the Alger property could not be simply switched over to the new line. Three alternatives for restoring sewer service to the Alger property were identified. Analysis & Recommendation: Ignoring cost as a factor, Alternative #3 is the preferred option as it restores the same level of service that Alger had prior to the removal of the old trunk sewer pipeline (i.e. connection to a gravity main). The cost to construct each alternative was developed as detailed below. Alternative #1, a spetic system, is the least expensive in terms of up front cost but may represent extensive ongoing maintenance and repair costs. (Groundwater is known to be at shallow depths in the area, a condition that can lead to septic system failure and/or contamination of the aquifer.) Alternative #2 probably represents the best value in terms of up front expense and long term operation and maintenance costs, although it does require that Alger pay energy costs to operate the system. Alternative #1 - Construct Onsite Wastewater ("Septic") System on Alger property Work Item Description Unit Quantity Unit Price Amount Excavate inspection pit, perform percolation testing, obtain permit Furnish and install 1,000 gal concrete septic tank Furnish and install distribution line and spreader box Construct 24" wide effluent adsorption trench Rehab disturbed area Lump Lump LF LF Sq. Yd. 1 $700.00 1 $2,200.00 80 $18.00 300 $17.00 400 $1.75 Subtotal 10% Contingency Alternative #1 - Probable Construction Cost Total Alternative #2 - Install Individual Sewer Pump System with Discharge to 500 West Street Sewer main $ 700 $ 2,200 $ 1,440 $ 5,100 $ 700 $ 10,140 $ 1,014 $ 11,154 Work Item Description Unit Quantity Unit Price Amount Furnish and install residential sewer lift station package system Furnish and install discharge line to 500 West Street main Sawcut, remove and dispose of sidewalk, curb&gutter, and asphalt Replace sidewalk, curb& gutter and patch pavement Lump LF Lump Lump 1 $5,800.00 370 $11.00 1 $400.00 1 $1,600.00 Subtotal 10% Contingency Alternative #1 - Probable Construction Cost Total $ 5,800 $ 4,070 $ 400 $ 1,600 $ 11,870 $ 1,187 $ 13,057 Alternative #3 - Construct new 8" gravity sewer main that would begin at the existing sewer manhole at the intersection of Palisade and Colorado Streets, and extend southward, across LANDOWNER'S property to a point near the northwest corner of the Alger property. Existing sewer sevice line serving the Alger property would be connected to the new main. Work Item Description Unit Quantity Unit Price Amount Furnish and install 8" diameter sewer pipe Furnish and install 48" concrete sewer manhole Connect Alger line to new main LF EA Lump 670 $18.00 3 $1,600.00 1 $750.00 Subtotal 10% Contingency Alternative #1 - Probable Construction Cost Total $ 12,060 $ 4,800 $ 750 $ 17,610 $ 1,761 $ 19,371 Moab City Recorder's Office Page 45 of 49 4-7 EXHIBIT B (Construction Plans for the Byrd/Alger Lateral Sewer, attached) Moab City Recorder's Office Page 46 of 49 TEMPORARY TRAIL EASEMENT For valuable consideration, the sufficiency of which is hereby acknowledged, the Housing Authority of Southeastern Utah, owner of the subject property (hereinafter: Grantor), hereby grants, warrants, and conveys a temporary easement for a non -motorized public pathway to the City of Moab, a Utah municipal corporation (hereinafter: City), subject to the terms and conditions set forth herein. EASEMENT GRANT 1. Easement Property. The easement property consists of a 15.0-ft. wide strip of land that crosses Grantor's lands located in the County of Grand, State of Utah. To Wit: A continuous strip of land measuring a constant width of 15.0 feet with boundaries located 7.5 feet each side of the following described center line located in SE % of Section 7, Township 26 South, Range 22 East, Salt Lake Base and Meridian being more particularly described as follows: Beginning at a point located on the northerly boundary line of Grantor's parcel, said point bears N88°45'44"W a distance of 1214.46 feet from the East % Corner of Section 7, Township 26 South, Range 22 East, Salt Lake Base and Meridian, Proceeding thence South 19° 09' 00" East a distance of 90.18 feet; Thence South 7° 14' 34" West a distance of 78.17 feet; Thence South 15° 13' 41" West a distance of 34.70 feet; Thence South 10° 45' 27" East a distance of 76.28 feet; Thence South 35° 16' 15" East a distance of 26.38 feet to a point located on the southerly line of Grantor's parcel. Bearings are based on the line between the Southeast Corner and the East % Corner of said Section 7 whose bearing is taken to be North 0° 43' 36" East. 2. Purpose. The purpose of the temporary easement shall be for the construction, use, maintenance, repair, and reconstruction of an improved pathway and associated improvements such as signs, fencing, landscaping, and the like. Use of the pathway shall be open to non -motorized travel by the general public. The use of motorized equipment, by City personnel or its authorized agents, associated with periodic maintenance or repair of the pathway shall be permitted. Moab City Recorder's Office Page 47 of 49 3. Construction and Maintenance Responsibility. The construction and ongoing maintenance of the pathway and related improvements shall be performed by the City at its sole expense; however this agreement does not oblige the City to any particular standard of construction or maintenance. The City shall be permitted to enter into agreements for the maintenance of the pathway with any private or public entity. 4. Termination. The temporary trail easement may be unilaterally terminated by Grantor at any time. Termination in this manner will become effective after a period of not less thirty days following the date on which such action was approved by Grantor's Board of Directors. 5. Indemnification. The City hereby agrees to indemnify and hold Grantor harmless, to the fullest permitted by state law, for any claims arising from the use of the improvements constructed by the City. TEMPORARY TRAIL EASEMENT AGREEMENT Approved and accepted on this day of , A.D. 20_ GRANTOR: Housing Authority of Southeastern Utah, a Utah Housing Authority By: Chairman, Board of Directors STATE OF UTAH ) ) ss. County of Grand ) On the day of , 20 , the signer of the above instrument, personally appeared before me and acknowledged that they executed same. Witness my hand and official seal. Moab City Recorder's Office Address: My commission expires: Page 48 of 49 Notary Public, State of Utah GRANTEE: City of Moab, a Utah municipal corporation. CITY of MOAB ATTEST: By: David L. Sakrison, Mayor Rachel Ellison, City Recorder Moab City Recorder's Office Page 49 of 49