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HomeMy Public PortalAboutPKT-CC-2012-01-10CITY OF MOAB January 10, 2012 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 2 of 53 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 10, 2012 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 October 25, 2011 1-2 November 15, 2011 1-3 November 18, 2011 1-4 December 13, 2011 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 2012 for Helen M. Knight School SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) 5-1 Proposed Resolution #01-2012 — A Resolution Amending the Fiscal Year 2011/2012 Budget SECTION 6: CONSENT AGENDA 6-1 Award of the 2012 Crack Sealant Project Bid 6-2 Approval of the 2012 Crack Sealant Contract Page 3 of 53 6-3 Request to Send Proposed Ordinance #2012-03 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab to Public Hearing SECTION 7: NEW BUSINESS 7-1 Approval of Proposed Ordinance #2012-01— An Ordinance of the City of Moab Amending the Official City of Moab Zoning Map for the Purposes of Approving an Application to Rezone Portions of the Red Rock Partners Property Located at 61 North 100 West from C-2 and R-4 to C-3 7-2 Approval of Local Consent of a Proposed Full -Service Restaurant Liquor License for Michelle and Karl Kelley, d.b.a. Desert Bistro Located at 36 South 100 West 7-3 Approval of a Class II Beer License for Michelle Kelley, d.b.a. Desert Bistro, LLC located at 36 South and 100 West 7-4 Approval to Apply for a Community Development Block Grant to Help With the Four Corners Community Behavioral Health, Inc. Proposed Project to Build Additional Housing Units on the Willows Property Located at 48 North Shields Lane 7-5 Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat in the R-3 Zone at 691 and 702 South Main Street 7-6 Approval of a Memorandum of Understanding by and between the City of Moab and Grand County Pertaining To The Cooperation Between The City And The County With Respect To Joint Planning For And Funding Of Improvements Needed To Accommodate Future Growth And Development Along Millcreek Drive And Highway 191 SECTION 8: READING OF CORRESPONDENCE SECTION 9: ADMINISTRATIVE REPORTS SECTION 10: REPORT ON CITY/COUNTY COOPERATION SECTION 11: MAYOR AND COUNCIL REPORTS SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: 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 Page 4 of 53 MOAB CITY COUNCIL REGULAR MEETING October 25, 2011 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 Sarah Bauman, Kyle Bailey, Kirstin Peterson, Jeffrey Davis and Gregg Stucki; City Treasurer Jennie Ross, City Engineer Rebecca Andrus, Public Works Director Jeff Foster, Planning Director Jeff Reinhart, Community Development Director David Olsen, Police Chief Mike Navarre and City Recorder/Assistant City Manager Rachel E. Stenta. REGULAR MEETING & ATTENDANCE Mayor Sakrison called the Regular City Council Meeting to order at 7:00 CALL TO ORDER PM and Citizen B.D. Howard led in the Pledge of Allegiance. Nine (9) members of the audience and media were present. Councilmember Bauman moved to approve the Regular Council Meeting APPROVAL OF MINUTES Minutes of September 27, 2011. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Under Citizens to Be Heard, George Carter and Fred Powell spoke on CITIZENS TO BE HEARD behalf of Moab Irrigation and stated that they had met with City Staff and brought a bill and inquired as to the status of the outstanding issue regarding Moab Irrigation. Public Works Director Foster stated that Staff was still working on a resolution to the issue and would be meeting with Moab Irrigation in the near future. Mayor Sakrison requested that a resolution be reached by the next City Council Meeting. Under Community Development Department Update, Community Development Director Olsen stated that the fencing along the Taylor property would be completed the next day, that some of the large Poplar trees at Swanny City Park may be removed and that the BMX track had been cleaned up and looked really nice. Under Engineering Department Update, City Engineer Andrus stated that she had attended another meeting with the Utah Department of Transportation (UDOT) and had discussed the new path and rail fence. City Engineer Andrus stated that altering the plans for a boardwalk may save $140,000 for the project although it was still $30,000 over budget. Under Planning Department Update, Planning Director Reinhart stated that he had been working closely with the Engineering Department on flood channel issues and that affordable housing pamphlets were being distributed. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that the concrete sidewalk cutting project had been completed and that he had been working with UDOT on highway resurfacing as well as Questar on their directional bore work. COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE October 25, 2011 Pasesidpii 1-1 Councilmember Bauman moved to Approve Consideration to Take from the Table Proposed Ordinance #2011-10 An Ordinance of the City of Moab Amending the Official City of Moab Zoning Map for the Purposes of Approving an Application to Rezone Portions of the Red Rock Partners Property located at 61 North 100 West from C-2 and R-4 to C-3. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bauman moved to Send Proposed Ordinance #2011-10 — An Ordinance of the City of Moab Amending the Official City of Moab Zoning Map for the Purposes of Approving an Application to Rezone Portions of the Red Rock Partners Property located at 61 North 100 West from C-2 and R-4 to C-3 to Public Hearing. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Approve Acceptance of a Warranty Deed for Dedication of City Right -of -Way on a Portion of West Center Street. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to Approve Proposed Resolution #19-2011 —A Resolution Terminating the Agreement for the Provision of Billing Services by and between the City of Moab and Canyonlands Community Recycling. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Bauman moved to Approve Proposed Resolution #20- 2011 — A Resolution Approving the City of Moab Parks Use Policy. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to Approve Proposed Resolution #21-2011 —A Resolution Approving a Fee Structure for City Parks and Other Facilities. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Peterson moved to Approve Proposed Resolution #22- 2011— A Resolution Designating Signatories for Moab City Funds. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. An Administrative Report was not given. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Councilmember Peterson stated that she and Councilmember Stucki had met with Nation Lee and Jerry Lewis as well as UDOT and it had been a good meeting. Councilmember Peterson then stated that she had met with the Solutions Group regarding an emergency shelter committee to address the community's homeless issues. Councilmember Peterson moved to pay the bills against the City of Moab in the amount of $11,452.31. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. PROPOSED ORDINANCE#2011- 10 TAKEN FROM TABLE PROPOSED ORDINANCE#2011- 10 SENT TO PUBLIC HEARING WARRANTY DEED ON WEST CENTER STREET APPROVED PROPOSED RESOLUTION #19- 2011, APPROVED PROPOSED RESOLUTION #20- 2011, APPROVED PROPOSED RESOLUTION #21- 2011, APPROVED PROPOSED RESOLUTION #22- 2011, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS October 25, 2011 PaiRadfr$.J 1-1 Mayor Sakrison adjourned the Regular Council Meeting at 7:35 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder ADJOURNMENT October 25, 2011 Pase73dpii 1-1 MOAB CITY COUNCIL REGULAR MEETING November 15, 2011 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 Sarah Bauman, Kyle Bailey, Kirstin Peterson, Jeffrey Davis and Gregg Stucki; City Treasurer Jennie Ross, City Engineer Rebecca Andrus, Public Works Director Jeff Foster, Community Development Director David Olsen, Police Chief Mike Navarre, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel E. Stenta. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and 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, George Carter inquired as to the status of an outstanding issue regarding Moab Irrigation. Mayor Sakrison stated that City Staff had drafted a response letter that would be sent to them the following day. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Andrus stated that she had been working with the Utah Department of Transportation (UDOT) on a fence issue as well as working with the City Planning Department on several site plan reviews. City Engineer Andrus stated that she had met with Arches National Park regarding a proposed three year pilot shuttle system. A Planning Department Update was not given. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that City Staff had been winterizing and striping while the weather was mild and that he had been working with UDOT also as well as several encroachment permits. Mayor Sakrison Presented Harlee Freeman with the Mayor's Student Citizenship of the Month Award for November 2011 for Helen M. Knight Elementary School. Russell Olsen and Jon Haederlie of Larson and Rosenberger presented the Fiscal Year 2010-2011 Annual Audit of City of Moab. Kenneth F. Davey, Economic Development Analyst made a Presentation Regarding Economic Development. Councilmember Bailey moved to Send Local Consent for a Proximity Variance for Michelle and Karl Kelley, d.b.a. Desert Bistro, Located at 36 South 100 West to Public Hearing. Councilmember Stucki seconded the motion. The motion carried 5-0 aye REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE STUDENT OF THE MONTH PRESENTATION AUDIT PRESENTATION ECONOMIC DEVELOPMENT PRESENTATION LOCAL CONSENT PROXIMITY SENT TO PUBLIC HEARING November 15, 2011 Paseslopti 1-2 Councilmember Bauman moved to approve a Grant Agreement by and between the Utah Department of Health and the City of Moab, Club Red, Moab Teen Center. Councilmember Peterson seconded the motion. The motion carried 3-2 aye with Councilmembers Davis and Stucki voting nay. Councilmember Stucki moved to Accept of A Multi -Petitioner Annexation Petition by Tom Stevens (South Area Annexation). Councilmember Davis seconded the motion. The motion carried 5-0 aye. GRANT AGREEMENT, APPROVED ANNEXATION PETITION ACCEPTED Councilmember Davis moved to Accept the Fiscal Year 2010-2011 Annual ANNUAL AUDIT ACCEPTED Audit. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to Send the 2011-2012 Community Development Block Grant Small Cities Application to Public Hearing. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Under Discussion Regarding 2011 Water Conservation Plan, City Manager Metzler made a presentation. Discussion followed. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that she the mid -year budget opening would be earlier this year and that she had been working with the School District on facility issues. City Manager Metzler also mentioned that City Staff had been working on the City's Christmas Float as well as the Annual Christmas Party. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that he, Councilmembers Stucki, Bauman and Davis as well as City Manager Metzler had met with Congressman Jason Chaffetz. Councilmember Peterson moved to pay the bills against the City of Moab in the amount of $196,354.18. Councilmember Davis seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 8:00 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder CDBG APPLICATION SENT TO PUBLIC HEARING DISCUSSION REGARDING WATER CONSERVATION PLAN READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT November 15, 2011 6aigs-cipti 1-2 MOAB CITY COUNCIL SPECIAL MEETING November 18, 2011 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 1:46 PM. In attendance were Councilmembers Kyle Bailey, Sarah Bauman and Jeffrey Davis. Also in attendance were City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel E. Stenta. Seventeen members of the audience and media were present. Councilmember Stucki moved to accept the Canvassing of Votes from the Moab City General Election held on November 8, 2011 including those who voted absent and provisional ballots. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. SPECIAL MEETING & ATTENDANCE CANVASSING OF VOTES FROM NOVEMBER GENERAL ELECTION Councilmember Bailey moved to adjourn the meeting. Councilmember MOTION TO ADJOURN, APPROVED Davis seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the Special Meeting at 1:55 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel E. Stenta City Recorder/Asst. City Mgr. ADJOURNMENT November 18, 2011 Page 1 of 1 Page 10 of 53 1-3 MOAB CITY COUNCIL REGULAR MEETING December 13, 2011 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 Sarah Bauman, Kirstin Peterson, Jeffrey Davis and Gregg Stucki; Planning Director Jeff Reinhart, City Treasurer Jennie Ross, City Engineer Rebecca Andrus, Public Works Director Jeff Foster, Community Development Director David Olsen, Police Chief Mike Navarre, City Manager Donna Metzler and City Deputy Recorder Beth Joseph. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led in the Pledge of Allegiance. Twenty-eight (28) members of the audience and media were present. There were no minutes to approve. Under Citizens to Be Heard, Mayor Sakrison thanked Councilmember Bauman for her service to the community and to the City and the Council. Under Community Development Department Update, Community Development Director Olsen stated that he had completed two applications for trail projects, for $100,000 and $36,000 respectively and wanted to thank the City for their support of trail projects. An Engineering Department Update was not given. Under Planning Department Update, Planning Director Reinhart gave an overview of the next planning commission agenda and stated that the staff had been working on the City's renewal of the National Flood Insurance Program. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that all decorative lights on Main and Center streets had been fixed and that the lights would be off for construction on the north end of Main Street. Public Works Director Foster then stated that both the Williams and Questar Pipeline projects were nearing completion. Mayor Sakrison Presented Noah White with the Mayor's Student Citizenship of the Month Award for December 2011 for Helen M. Knight Elementary School. Sandy Freethey of the Trail Mix Committee made a Presentation Regarding the Trails Master Plan. Mayor Sakrison opened public hearings on the following items at 7:31 PM: 1) Proposed Full -Service Restaurant Liquor License for Michelle and Karl Kelley, d.b.a. Desert Bistro Located at 36 South 100 West. The Proposed License Location is within a 600 foot Proximity of the Public Pathway; 2) Proposed Ordinance #2012-01—An Ordinance of the City of REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE STUDENT OF THE MONTH PRESENTATION TRAILS PRESENTATION PUBLIC HEARING OPENED December 13, 2011 Raffigi 6ff54 1-4 Moab Amending the Official City of Moab Zoning Map for the Purposes of Approving an Application to Rezone Portions of the Red Rock Partners Property Located at 61 North 100 West from C-2 and R-4 to C-3; 3) Solicitation of Potential Projects for Community Development Block Grant (CDBG) Small Cities Program for Program Year 2012 Community Development Director Olsen outlined a memo regarding criteria for selecting a Community Development Block Grant (CDBG) Project that explained eligible applicants, the three national objectives of the CDBG program, and federal compliance requirements. The memo also listed projects that the City has been awarded over the years. Community Development Director Olsen stated that $250,000 in funds were available and Moab City would potentially be competing with four other counties for that funding. Community Development Director Olsen mentioned that Four Corners Mental Health Incorporated submitted a written request to expand units for the Willows Apartment Complex. Tom Stevens and Mike Stevens spoke on proposed ordinance #2012-01. Mr. Stevens thanked the Council for tabling the item and stated that they had taken the time to talk to both the City and the County regarding the proposed zone change. Mr. Stevens stated that originally the property was zoned to accommodate an existing trailer court. Mr. Stevens stated that Red Rock Parnters owned the property currently and would not be replacing the rentals in the trailer court when residents move out. Mr. Stevens also stated that the new hospital was already changing the area surrounding the property. Mr. Stevens stated that originally they had looked at hotels and rentals and saw that more land was available then they needed and that the Travel Council had requested a Conference Center and they were looking at 8,000 square feet for up to 1,000 people. Mr. Stevens stated that the development will also include workforce housing for ten townhomes or thirty apartments and an additional eighty units of workforce housing could become available on Millcreek Drive in the proposed South Area Annexation. Mr. Stevens stated that he was aware that the existing trailer court provides important workforce housing, that it is past it's aging and is a financial drain to Red Rock Partners and the City. Mr. Stevens stated that proposed zone change is in compliance with the General Plan of Moab City and that implementation will happen as application for zoning are received. Mr. Stevens also stated that the proposed development could "breathe life" into the 100 West Street neighborhood. Mr. Steven stated that if the proposed zone change is approved all applications will follow the City's land use regulatory process. Mr. Bynum stated that the Conference Center will require community involvement as well as working with Utah State University which is in favor of the proposed zone change. Mr. Bynum then presented a Walnut Lane Resident Petition in favor of the proposed zone change. Councilmember Bauman inquired about a timeline for the construction of new affordable housing in the proposed south area annexation. Mr. Stevens replied that it was dependent on approval of the December 13, 2011 PUBLIC COMMENT Rafl(VA 1-4 annexation. Lucy Wallingford stated that she is opposed to the zone change and feels that it is an inappropriate rezone. Ms. Wallingford stated that she has been previously opposed to zone changes for affordable housing but feels that this zone change is reactionary. Audrey Graham stated that she is an affordable housing advocate but is in favor of the proposed zone change and of the proposed development plans. Ms. Graham stated that it is logical that since the City collection sales tax revenue, commercial development should occur within City Limits. Ms. Graham stated that she would like to see high scale development to occur in the downtown corridor. Joe Kingsley stated that he has experience with trailer courts and can attest that they have a life span and maintaining them becomes too much of a financial drain. Daniel Shellabarger inquired as to the definition of affordable housing. Tom Stevens responded that it includes an entire spectrum from subsidized housing to mid -professional housing. Jenna Woodbury submitted written comments stating that she is opposed to the proposed zone change, that the developer is not obligated to follow through on any proposed development and requested that the City Council pause to consider other options including an apartment complex. Ms. Woodbury also stated concerns regarding increased traffic. Mayor Sakrison closed the public hearing at 8:33 PM. Councilmember Davis moved to approve the consent agenda as follows: 1) Council Appointment of the Mayor Pro-Tem as Councilmember Peterson for 2012; 2) Council Designation of a Councilmember Responsible for Approving Bills as Councilmember-Elect McElhaney for 2012; 3) Confirmation of a Mayoral Appointment to the Grand County Solid Waste District Board of Sarah Bauman for a Term Ending December 31, 2013; 4) Confirmation of a Mayoral Appointment to the Moab City Planning Commission of Wayne Hoskisson for a Term Ending December 31, 2016; 5) Approval of 2012 Moab Golf Club Rates; 6) Approval of the 2012 Regular City Council Meeting Schedule; 7) Approval of the 2012 Moab City Holiday Schedule Councilmember Bauman seconded the motion. The motion carried 4-0 aye by a roll -call -vote. PUBLIC COMMENT (CONTINUED) PUBLIC HEARING CLOSED CONSENT AGENDA, APPROVED Councilmember Bauman moved to Approve a Moved -on Structure MOVED -ON STRUCTURE, Permit for Mark Zink to Conduct a Product Display Located at 311 South APPROVED Main Street on April 3, 2012. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to Approve the Second Amendment to the Mulberry Grove Subdivision Improvements Agreement. Councilmember SECOND AMENDMENT TO MULBERRY GROVE SUBDIVISION IMPROVEMENTS December 13, 2011 Raffigi 6ff54 1-4 Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to Approve a Request to Send Proposed Resolution #01-2012 —A Resolution Amending the Fiscal Year 2011-2012 Annual Budget to Public Hearing. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to Approve a Plat Amendment for West Center Street Properties. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to Approve Proposed Resolution #23-2011 —A Resolution Adopting the Water Conservation Plan Update 2011 for the City of Moab with changes. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to Approve a Traffic Sign Retroreflectivity Maintenance Policies and Procedures for the City of Moab. Councilmember Davis seconded the motion. The motion carried 4-0 Councilmember Bauman moved to Approve an Extension Agreement by and between Moab City, Grand County Water Conservancy District and the Grand County Cemetery District for Use of the Cemetery Well. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to Approve Proposed Resolution #24- 2011 — A Resolution Approving an Amendment to the Grand County Non -Motorized Trails Master Plan (GCNTMP) as an Amendment to the Moab City General Plan. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to Approve Proposed Resolution #25- 2011 — A Resolution of the Governing Body of the City of Moab Authorizing Delinquent Terminated Utility Accounts to be Written off of the Accounting System. Councilmember Davis seconded the motion. The motion carried 4-0 aye by a roll -call -vote. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that she had attended an Affordable Housing Task Force meeting, that the City had received a grant for Solar Panels at the Animal Shelter and that a new City Liaison was needed for the Housing Authority Board. AGREEMENT, APPROVED PROPOSED RESOLUTION #01- 2012 SENT TO PUBLIC HEARING PLAT AMENDMENT FOR WEST CENTER STREET PROPERTIES, APPROVED PROPOSED RESOLUTION #23- 2011, APPROVED TRAFFIC SIGN RETROREFLECTIVITY MAINTENANCE POLICY, APPROVED EXTENSION AGREEMENT FOR THE CEMETERY WELL, APPROVED PROPOSED RESOLUTION #24- 2011, APPROVED PROPOSED RESOLUTION #25- 2011, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY A Report on City/County Cooperation was not given. COOPERATION Mayor and Council Reports were not given. Councilmember Peterson moved to pay the bills against the City of Moab in the amount of $316,843.18. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 8:59 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT December 13, 2011 FP4§€146ff54 1-4 CITY OF MOAB PUBLIC HEARING PROPOSED RESOLUTION #01-2012 — A RESOLUTION AMENDING THE FISCAL YEAR 2011/2012 The City of Moab will hold a Public Hearing on Tuesday, January 10, 2012 at approximately 7:15 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input on Proposed Resolution #01- 2012 — A Resolution Amending the Fiscal Year 2011/2012 Budget. 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. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, December 29, 2011 and January 5, 2012. R:\Notices\2012\BUDGET FY 2011-2012opening.docx Page 15 of 53 5-1 RESOLUTION # 01-2012 A RESOLUTION AMENDING THE FISCAL YEAR 2011/2012 BUDGET WHEREAS, the City of Moab has proposed to amend the 2011/2012 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2011/2012 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2011/2012 Budget Revenue 1. General Fund 2. Recreation Fund 3. Community Development Fund 3. Millcreek Project Fund 4. Capital Projects Fund 5. Water/Sewer Enterprise Fund Capital Projects 6. Storm Water Enterprise FUNDS Amended $ 7,297,633 $ 466,489 $ 3,123,079 $ 77,500 $ 1,107,000 $ 460,000 Amended Expenditures $ 7,297,633 $ 466,489 $ 3,123,079 $ 77,500 $ 1,107,000 $ 931,858 $ 85,000 2011/2012 Fiscal Year Budget Amendments REVENUES EXPENDITURES GENERAL FUND EXPENSES MRAC -- Salaries and Wages MRAC -- Benefits POLICE — Special Departmental NARC TASK FORCE —Spec Dept REVENUES MRAC Misc. MRAC Retail MRAC Memberships/Aquatic & Fitness STATE GRANTS RECREATION FUND EXPENSES PREP Program Expenses REVENUES PREP Program Grant Beginning Fund Balance 10-452-10 10-452-13 10-421-69 10-423-46 10-34-717 10-34-722 10-34-727 10-36-973 New New 23-395-35 ($42,200) ($ 5,000) ($ 3,200) ($10, 000) ($24, 000) ($53,579) ($55, 571) $ 1,992 $42,200 $14, 700 $ 3,500 $19,000 $ 5,000 $53,579 $53,579 Resolution #01-2012 Page 16 of 53 Page 1 of 2 5-1 COMMUNITY DEVELOPMENT FUND $1,163,627 ($1,163,627) EXPENSES CDBG Virginian Apartments 24-400-03 ($ 233, 627) Land and Water Conserv. Lions Park 24-400-08 ($ 350, 000) Lions Park Scenic Byway 24-400-09 ($830, 000) CDBG Cinema Court New $250, 000 REVENUES Grants 24-392-23 $1,180, 000 CDBG Virginian 24-393-56 $ 233,627 CDBG Cinema Court New ($ 250, 000) MILLCREEK PROJECT FUND $10,000 ($10,000) EXPENSES Browning Trails Grant 28-400-51 ($10,000) REVENUES Beginning Fund Balance 28-39-210 $10,000 CAPITAL PROJECTS FUND ($ 78,000) S 78,000 EXPENSES Animal Shelter Project 41-791-40 $ 43,000 City Hall Photovoltaic 41-770-55 $ 35,000 REVENUES Utah State Energy Program Grant 41-36-227 ($ 35,000) Utah Power Grant 41-36-228 ($43, 000) ENTERPRISE FUND CAPITAL PROJECTS $243,058 EXPENSES $243, 058 Sewer Vacuum Truck REVENUES $0 STORM WATER ENTERPRISE FUND ($30,000) $30,000 EXPENSES Special Projects 53-400-75 $30,000 REVENUES T fer from Beginning Fund Balance 53-362-210 ($30,000) PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 24th day of January, A.D., 2012. ATTEST: Rachel E. Stenta City of Moab Resolution #01-2012 David L. Sakrison Mayor Page 2 of 2 Page 17 of 53 5-1 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Honorable Mayor and City Council Members From: Ken Denney, Street Superintendent Date: 1 /5/2012 Re: 2012 Crack Sealant Project Mayor: Council: David L. Sakrison Kyle Bailey Jeffrey A. Davis Doug McElhaney Kirstin Peterson Gregg W. Stucki It is my recommendation that we accept Ridge Rock's bid for the 2012 Crack Sealant Project in the amount of $28,840. We have budgeted $40,000 for this project. Bids were received as follows: Superior Asphalt $31,460 Ridge Rock Inc. $28,840 Preferred Paving $48,015 Kilgore Paving $43,592.80 Hot Asphalt Inc. $37,910 Spencer Asphalt $30,340 DePatco $88,597.20 Intermountain Slurry $58,200 M&M Asphalt $57,000 Bonneville Asphalt $34,500 Thank you, P---..-Q-N/N VtAZIV‘fl,/\()_)1\ Ken Denney First EPA GreeF,regweg3Community in the Nation 6-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Crack Seal Project 2012 Bid Opening January 3, 2012 3pm Name Amount ; � 14-s 3 t, (e o "= Ivtsui 4... r�oc.K.- _lea . it a$1 ez-to o :e.-P.epv.e.8 Pet v i ✓‘.. $ 4S t O o 5 t ► ( oY.e �avi � 92 1-1'3, 5cta d-I-o� A :,(1.v, c.. 1 37r f r o. - S tom- As pka.e.t. it 30, 31-t o 0 e. iVa21-c-o i 9911 5q7 9-2 o Si I NLAJ $ 5 $ i aoW) M 4- Nl Aes Ett 5`7, ozna ' fatAgua- Oloteiirt,-/i t (t. As pkuz.Q- 4 3q, 50o d� Present at Bid Opening: Name: (--26-cr s�-�- V4� nature: 1 /3/2012 Page 19 053 City of Moab Recorder's Office 64 CONSTRUCTION CONTRACT This CONTRACT is made and entered into this 10th day of January, 2012, by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the Contract Documents referred to as the "City" and Ridge Rock Incorporated herein referred to as the "Contractor". WITNESSETH: WHEREAS, the City advertised that sealed Bids would be received for furnishing all labor, tool, supplies, equipment, materials and everything necessary and required for the Project described by the Contract Documents and known as 2012 Roadway Crack Sealant Project; and WHEREAS, the Contract has been awarded to the above named Contractor by the City, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the Contract Documents. NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows: ARTICLE 1 Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Bid specifications for the Project; b. official design prints and specifications furnished by or to the Contractor and approved by the City; c. change orders, approved written instructions, and written contract amendments; and d. Performance and other bonds. e. General and Supplementary Conditions. f. Notice of Award 2012 Crack Sealant Project CC-1 Page 20 of 53 6-2 ARTICLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract and other portions of the Contract Documents. ARTICLE 3 Contract Work. The Contractor agrees to furnish all labor, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks associated with the Work described in the Contract Documents, as limited to those items as indicated in the Notice of Award. Contractor warrants that all construction shall be completed in a workmanlike manner and in accordance with all plans, specifications, and applicable building codes. ARTICLE 4 Contract Time and Liquidated Damages. The Contractor hereby agrees to commence work under the Contract on or before the date specified in a written Notice to Proceed from the City, and to substantially and fully complete the work within the time specified in the Special Conditions. In the event that the work is not completed in the times set forth and as agreed upon, the Contractor further agrees to pay Liquidated Damages to the City as set forth in the Special Conditions. Special Conditions: The Contractor shall complete the Work no later than March 12, 2012. Liquidated damages in the amount of $200 per day shall be assessed against the Contractor in the event that the Work is not completed by the agreed completion date. ARTICLE 5 Contract Price and Payment Procedures. The Contractor shall accept as full and complete compensation for the performance and completion of all of the work specified in this Contract and the Contract Documents, the sum of $28,840. The Contract Price has been lawfully appropriated by the City Council of the City of Moab for the use and benefit of the Project. The Contract Price shall not be modified except by written change order executed by the City. a. Partial payments shall be made proportionate to the progress of the work according to the following schedule: Requests for payments shall be prepared by the Contractor and approved by the Project Manager. 2012 Crack Sealant Project CC-2 Page 21 of 53 6-2 nh I.Innenrc-ehq-npletinn of fhn wer-k nhcl aec—ep ee of fhn imnrnimmehts i inner fhn Contract and before the Contractor's payment bond shall be released, the City shall publish in a newspaper published in the City a notice that the City has accepted such work final settlement therefore, and that persons having claims for labor, services, equipment, not more than forty five (45) days after the last date services, labor, equipment, or materials were provided. ARTICLE 6 Bonds. Contractor shall furnish bonds acknowledged by a surety licensed and authorized to do business in the State of Utah. The bonds shall be attached to and become part of the Contract Documents. The following bonds shall be delivered at the time of execution of this Contract: n A perfnrmnnnn hnnid fnr fhn i use nnr! h + of fhn Gity in nn mmei inf het Inco crrvrrrrarr arc-ai�crr.�e�} than one hundred percent (100%) of contract price. b. A payment bond for the use and benefit of subcontractors, laborers, and 0 price. n Rnnrlc in Omni infc of C'I nnn nn nr Inco niil�,orin in mi Ifinlnc of �''I nn nnin amounts exceeding S5,000.00, in multiples of S1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. d. The payment bond shall be released no sooner than forty six (46) days following the last date labor, services, equipment, or materials arc provided under the In the event such demand is timely made the bond shall not be rel ased until such claim arc finally adjudicated. c. The performance bond shall be released no sooner than the date on which final notice of acceptance of the improvements is delivered to the Contractor by the City. f. Contractor shall provide a Certificate of Insurance as outlined in the following insurance requirements. 2012 Crack Sealant Project CC-3 Page 22 of 53 6-2 Insurance Requirements The limits of liability for the insurance required by the Contractor shall provide coverage for not less the following amounts or greater where required by law: Workers' Compensation 1. State: Statutory 2. Applicable Federal: Statutory 3. Employer's Liability: State Insurance Requirements Comprehensive General Liability: 1. Bodily Injury: 1,000,000 CSL 1,000,000 2. Property Damage: 1,000,000 CSL 1,000,000 Each Occurrence Annual Aggregate, Products and Completed Operation Each Occurrence Annual Aggregate 3. Property Damage Liability Insurance shall provide Explosion, Collapse, and Underground coverage where applicable. 4. Personal Injury, with employment exclusion deleted. 1,000,000 CLS Comprehensive Automobile Liability: 1. Bodily Injury: 1,000,000 CSL 1,000,000 CSL 2. Property Damage: 1,000,000 CSL Each Person Each Accident Each Occurrence The Comprehensive liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded or canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to OWNER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective work. 2012 Crack Sealant Project CC-4 Page 23 of 53 6-2 Property Insurance: Coverage as needed for his on -and off site materials. ARTICLE 7 Contract Binding. The City and the Contractor each binds themselves, partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between the City and Contractor and may only be altered, amended or repealed by a duly executed written instrument. Neither the City nor the Contractor shall, without the prior written consent of the other, assign in whole or in part his interest under the Contract and specifically, the Contractor shall not assign any monies due or to become due without the prior written consent of the City. ARTICLE 8 Warranties. Unless otherwise expressly disclaimed in these Contract Documents, the Contractor warrants to the City that all the construction performed under this contract shall be free from defects of workmanship, labor, and materials, for a period of one year from the date of final completion of the improvements, or as expressly provided in the bid specifications in the Contract Documents. ARTICLE 9 Extensions. For good cause shown, the City may grant a reasonable extension of time for the completion of improvements pursuant to this Contract. Good cause may include acts of God, severe weather disturbances, floods, strikes, riots, or other acts or causes which are unforeseen and beyond the Contractor's control. All extensions shall be approved in writing. ARTICLE 10 Legal Compliance, Indemnity. Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains a suitable policy of motor vehicle and comprehensive general liability insurance and that said policy shall be in place for the duration of this Contract; and that it shall perform this Contract in compliance with all applicable local, state, and federal laws. a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liability, including costs of defense, as result of damages or losses to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breach of duties under 2012 Crack Sealant Project CC-5 Page 24 of 53 6-2 this agreement by the Contractor, its officers, agents, employees, or subcontractors. ARTICLE 11 Venue, Choice of Law. The place of performance under this Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah. ARTICLE 12 Costs and Damages. In the event of any legal dispute concerning the subjects of this contract, the substantially prevailing party shall be entitled to recover its reasonable attorney's fees and court costs, together with all actual damages from breach. It is understood that in no event shall the City be liable to Contractor for consequential damages. ARTICLE 13 Notice of Breach, Limitation of Actions. In the event of the occurrence of any material breach of the terms of this contract the non -breaching party shall deliver written notice of same to the other party not more than forty five (45) days from the discovery of the act, omission, event, or default constituting breach. Failure to provide notice of breach as provided herein shall result in any such claim being barred. Any legal action pursuant to this contract shall be filed not more than one year from the date of written notice of breach. a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows: City Recorder City of Moab 217 East Center Street Moab, Utah 84532-2534 Contractor: Ridge Rock Incorporated IN WITNESS WHEREOF, the City of Moab, Utah, has caused this Contract to be subscribed by its Mayor and sealed and attested by its City Recorder in its behalf; and the Contractor has signed this Contract as set forth below. 2012 Crack Sealant Project CC-6 Page 25 of 53 6-2 Date: ATTEST: City Recorder (Seal) Contractor: City of Moab, Utah By: Mayor Date: By : Title Title: State of Utah ) County of ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in: County 2012 Crack Sealant Project CC-7 Page 26 of 53 6-2 ORDINANCE 2012-03 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING PROPERTY TO THE CITY OF MOAB WHEREAS, THE Moab governing body has received a petition for annexation of certain property as described in Exhibit "1" hereto; and WHEREAS, the property has been proposed for urban development as defined by Utah State Law; and WHEREAS, the City Council has determined that the property meets the requirements of the City's annexation policy plan; and WHEREAS, the landowners of the affected property have consented to and petitioned for this annexation and the City Recorder has certified that the application complies with applicable law; and WHEREAS, the City Council has considered comments from affected entities, if any, and no notice of protest has been filed subsequent to the publication of notice of the application, as required by law; and WHEREAS, the governing body has held the appropriate public hearings and given the appropriate public notice and received public input. NOW, THEREFORE, be it ordained by the governing body of the City of Moab City that: The property described in Exhibit "1" and located at approximately 960 Millcreek Drive to 1627 Millcreek Drive and then extends to approximately 2200 South Highway 191 is hereby annexed into the City of Moab and the zoning designation for said annexation shall be as outlined on the attached North Area Zoning map. This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. PASSED AND APPROVED THIS 14th DAY FEBRUARY OF, 2012. David ATTEST: Rachel E. Stenta City Recorder L. Sakrison Mayor Ordinance 2012-03 Page 1 of 1 Page 27 of 53 6-3 Legend 11Mu=u=n 1 ti 7 7 City Limits Area of Proposed Annexation Ownership Parcels Call - Not Petitioned Naylor - Not Petitioned Heaton - Not Petitioned Stroble Trust, Soltes - Petitioned DMA International - Petitioned Housing Authority - Petitioned SITLA - Petitioned Utah State University of Agriculture - Petitioned Intermountain Capital Group - Petitioned Red Rock Partners - Petitioned City of Moab Proposed South Area Annexation Ownership Parcels To BepArinexed N 1 inch = 1,000 feet 0 5001,000 2,000 3,000 �6-2 ORDINANCE #2012-01 AN ORDINANCE OF THE CITY OF MOAB AMENDING THE OFFICIAL CITY OF MOA B Z ONING MAP FOR THE PURPOSES OF APPROVING AN APPLICATION TO RE ZONE P ORTIONS OF THE RED ROCK PARTNERS PROPERTY LOCATED AT 61 NORTH 100 WEST FROM C-2 AND R-4 TO C-3 WHEREAS, the Governing Body of the City of Moab and the Moab City Planning Commission desire to make zone amendments to promote the health, safety, morals, convenience, order, prosperity, and general welfare of the present and future inhabitants of the City; WHEREAS, Michael H. Bynum, Manager, Red Rock Partners, LLC, 755 North Main Street, Moab, Utah, owner of record of an approximate 5.64-acre tract of land located at approximately 61 North 100 West, Moab, Utah, has applied to change the zoning from C- 2 and R-4 to C-3; and, WHEREAS, The Planning Commission ("Commission") of the City of Moab held a public hearing on March 10, 2011, concerning the amendment of the City of Moab Official Zone Map to reflect a zoning change for said property located at the above described location; and, WHEREAS, the Commission in a split 3-2 vote favorably recommended the zoning change to the Council. NOW, THEREFORE, BE IT ORDINAINED by the City of Moab that effective upon the signing of this Ordinance, the City of Moab Official Zoning Map with its amended boundary lines and zoning districts is declared to be an official record of the City and shall be included as part of Title 17 of the Moab Municipal Zoning Ordinances and shall reflect a zone change from C-2 and R-4 to C-3 for the above described property. Passed and adopted by action of the Governing Body of the City of Moab in open session this —th day of , 2012. Mayor Attest: Rachel E. Stenta City Recorder City of Moab David L. Sakrison Ordinance #2012-01 Page 1 of 1 Page 29 of 53 7-1 Memo To: From: Subject: Discussion City of Moab Planning and Zoning Department Correspondence January 5, 2012 Honorable Mayor and Members of the Moab City Council Jeff Reinhart, City Planner Vote to Approve the Application to Rezone Portions of Property Located on Williams Way from C-2 and R-4 to C-3 as Submitted by Red Rock Partners At the December 13, 2011 Council meeting a question was raised about the inclusion of residential uses on the ground floor in the concept plan if the C-3 zoning is approved. The C-3 Zone prohibits this ground floor residential use for the obvious reason that the zone is designed to produce sales tax revenue and housing does not. However, this is a mixed use development and a Master Planned Development (MPD) can be applied in the C-3 Zone. A mixed use development cannot be used in the R-4 Zone. The MPD regulations are designed to give a developer flexibility and allow for various uses to be combined in a creative manner so that the city can shape the plan to help the developer deliver more of what the city desires and still allow the developer to realize a greater value than he would receive under a strict site plan review. The short answer to the question of allowing ground floor development in the C-3 is yes it can be done through a Master Planned Development. pAplanning department \20I2\correspondence\p1-12-U3 cc red rock rezone.docx Page 30 of 53 7-1 "FULL -SERVICE RESTAURANT LIQUOR LICENSE" LOCAL CONSENT Date: Attn: DABC Licensing & Compliance Section , [ ] City [ ] Town [ ] County hereby grants its consent to the issuance of a full -service restaurant liquor license to: Business Name: Applicant / Business Owner: KtCL-{v_7., ! [GAL V-e-U.-L( Location Address: -3& SOvM (Do Pursuant to the provisions of Utah Code 32A-4, Part 1, this license allows for the storage, sale and consumption of liquor on the premises. (>4 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. fubt,1e_ 1-16nor.,3 & .E(24 , feu t 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.8.16.10) page 7 pfip 31 of 53 7-2 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 OFMOAB CLASS I FEE: II CLASS II FEE: O PRIVATE CLUB O CLAss IN FEE: O CLASS IV FEE: LICENSE #: $180.00 $180.00 050.00 $80.00 $80.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: 1*.k(LOCL -6- HOME PHONE: K55-940 t O LSD HOME ADDRESS: 13$ f 4I Spy Z SOCIAL SECURITY NUMBER: DRNER LICENSE NUMBER & STATE BUSINESS INFORMATION BuSINESSNAME: 315;Troo , l.l-G_ SALEs TAx ID BUSINESS ADDRESS: 3 i0 S . I D D GI . Bus WS PHONE: 2 5/ • 0.7S-6 BUNSS MAILING ADDRESS: 3(o $ • I a O 1-t) . Orr M.D ff•FS STATE: L71— $'{ S 3 2_ 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. 0 Cuss I Cuss II D PRIVATE CL D CLASS III 0 Cuss 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. g 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)? 0 No OYES (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: ra 1 d� RA- l�4Df4 , 73PrS S , ST 'Ll,�}- Pi _sw1t7L Oft t..e! Cry I i1/41esS, I9•t-642A- , sAtn. Cµ 1-rt+ I vbv �2i c►)AIGi , �Lslf 'Seer application is for 3236 by weight only. Also requires a State license. 0912140 Page 32 of 53 7-3 3. Have you ever been convicted of any offense other than a minor traffic violation? ao O YES (If yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class I, II, Private Club and Class IV. Class III Applicants MUST contact the Moab City Police Department License Investigator as soon as possible to be fingerprinted and photographed. A background check is also required. T THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED ❑ DISAPPROVED In REASON: SIGNATURE •_ _.__ �— MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Y T Page 33 of 53 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. 1 rW,At. Applica 's Signature STATE OF UTAH COUNTY OF GRAND i Gite Ile 11.o/e / , 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 o11 n( day of FDP_C'rv,,,in-rr- , ,26/( . CARMELLA GALLEY Notary Public State of Utah Comm. No. 576525 My Cam Expires Sep n, 2012 "�U SPA ---- ,/, Not ublic Page 34 of 53 7-3 the same. 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 of/or resulting from release shall function as an original. uL Signature of Applicant Lz-2- Print Name of Applicant Date V0-Ecif 3-citict t., Rom Sign re of Witness Print Name of Witness Date State of Utah ) County of 6)ra eti ) On the n c( day of b-e / ,personally appeared before me e /(ey , who duly acknowledged to me that they executed CARMELLA GALLEY Notary Public State of Utah Comm. No. 576525 My Comm. Expires Sep 22, 2012 My Commission Expires: / 2 2 %/z__ Residing in: er4 N County Page 37 of 53 7-3 To: Moab Governing Body From: David Olsen CC: Donna Date: January 5, 2012 RE: CDBG Application Staff Recommendation: Apply for a Community Development Block Grant (CDBG) to help with the Four Corners Community Behavioral Health, Inc. proposed project to build additional housing units on the Willows property located at 48 North Shields Lane. The Willows proposed project was the only project submitted (see attached letter) to the City. The proposed project would be rated high by the Southeastern Utah Association of Local Governments and should compete with other projects submitted by the other counties. I think it is a good project and worthy of our support and assistance through the block grant. The Willows project will be dependent on receiving Olin Walker funds, and CDBG matching funds should help them obtain the Olin Walker funds. We should apply for approximately $240,000 (full amount available) of CDBG funds to help with the Willows project. FCC[3H Alliiihke FOUR CORNERS COMMUNITY BEHAVIORAL H EALTH 9 December 11 Moab City Attn: Dave Olsen, Project Manager 217 E. Center Street Moab, UT 84532 RE: CDBG funding Dear City Council Members, As per the Community Development Block Grant (CDBG) guide, Four Corners Community Behavioral Health, Inc. (FCCBH) is asking the City of Moab to apply for funding on behalf of our non-profit agency. FCCBH intends to build 12 housing units on the current Willows property located at 48 N Shields Lane. The Willows Expansion Project meets the CDBG guidelines for the 12% District Allocation set aside for housing specific projects. The monies will be used to fund architect design, site fees, and construction costs. The outcome will be 6 permanent and 6 transitional housing units for very low income disabled persons. We have been Page 38 of 53 7-4 advised by the City Planning office that the property has 6,000 square feet available for additional housing. This plan would utilize about 3,000 square feet. We would be able to add more units in the future, if needed, to maximize the space. Four Corners LC built the Ridgeview Apartments, a 6 apartment complex that opened October 1, 1994. There are 4 one bedroom and 2 two bedroom units. Interact has managed these apartments for the last 10 years. During that time there have been virtually no vacancies and usually a lengthy waiting list. The proposed apartments will serve individuals with very low income (below the 50% level) who are disabled by severe and persistent mental illness. Some also have dual diagnoses including chronic substance abuse or chronic physical illness. These disabilities can lead to long-term or episodic homelessness as those affected cycle repeatedly through the streets, shelters, housing, jails or hospitals. The apartments will be targeted for adults who have no other housing options. Four Corners will provide intensive case management services, outreach, independent living skills, health related services, and encourage a substance - free home environment to ensure a more stable and productive life. In addition, Four Corners will be seeking rent subsidy through the Housing Authority in the form of Project Based vouchers. Tenants will be responsible for 30% of their income and the voucher would cover the remaining balance up to the fair market rent. A large majority of our chronically homeless population, unable to work consistently, receives Disability and/or Supplemental Security Income. Those not receiving disability typically live on General Assistance, less than half of disability income. All these individuals fall into the extremely low-income category, below 50 percent of median income. Persons with mental illness are often eliminated from consideration for subsidized housing due to poor credit, poor rental history, and/or a criminal history related to their mental illnesses. This is a significant gap in housing services. Our Local Homeless Coordinating Committee, now the Moab Area Housing Coalition, lends its support to this project. Thank you for taking the time to review this project. Affordable housing is a scarce commodity in our community. Currently, there is no Transtional Housing and 1 bedroom apartments are difficult to find. Twelve units help bridge the gap for this very needy population. Please contact me if additional information is needed. Sincerely, Sharon Relph RN, MSN Director, Interact FCCBH, Inc. 43 5-259-7340 Page 39 of 53 7-4 STY Ola City of Moab Planning and Zoning Department ' Correspondence MOAN PL-12-05 January 5, 2012 To: Honorable Mayor and Members of Council From: Planning Staff Subject: Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat in the R-3 Zone at 691 and 702 South Main Street as Submitted by Christina Sloan for Property Owners, Donald and Rebecca Kellogg and Jay Cooke of J&J Properties, LLC Background Ms. Sloan has applied for a lot line adjustment between the lots owned by the owners listed above in an effort to address an inadvertent encroachment of a structure onto the adjacent property. All property owners join in the application and the lots satisfy the dimensional requirements of the C-3 Zone. Discussion The subdivision of the lot complies with State Code Chapter 10-9a-608(2) that allows a subdivision plat to be amended without a public hearing before the Land Use Authority if: (a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (A) owned by the petitioner; or (B) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local ordinance. (3) Each request to vacate or amend a plat that contains a request to vacate or Page 40 of 53 En City Council Kellogg/Cooke Boundary Adjustment January 5, 2012 2 amend a public street, right-of-way, or easement is also subject to Section 10-98- 609.5. (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4)(a) who consents to the petition. This requested lot line adjustment meets the applicable requirements listed in state law and addresses the encroachment issue. p:\planning department \2012\correspondence \p1-12-05 cc kellogg 61a .docz Page 41 of 53 7-5 Pee - iuu.uu plus 4)2.J.UU pe amended lot or unit. Receipt No. PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: i. Join two or more of the petitioner fee owner's contiguous lots; ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; iii. Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels joins in the petition, regardless of whether the lots or parcels are located in the same subdivision; iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CITY RECORDER Rachel Ellison Date Page 42 of 53 7-5 OWNERS (01-MMV-0121): Donald H. Kellogg Re ecca Dee Kellogg State of Utah ) ss County of Grand April 25, 2011 April 25, 2011 The foregoing instrument was acknowledged before me this April 25, 2011 by Donald H. Kellogg and Rebecca Dee Kellogg, as Owners. Witness my hand and seal. CHRISTINA SLOAN Notary Public - State of Utah Commission Number. 578522 Comdata!' Evokes Nov, 2, 2012 Christina Sloan, Notary Pu. is 76 S. Main Street, Suite 1 Moab, UT 84532 Page 43 of 53 7-5 OWNERS (01-MMV-0118): By: Jay Q"aoke Title. Managing Member J&J Properties of Troy, LLC State of UTAH ) ) ss County of GRAND ) December 13, 2011 The foregoing instrument was acknowledged before me this 13th day of December 2011 by Jay Cooke as Managing Member of J&J Properties, LLC, as Owner. Witness my hand and seal. a Sloan, Notary Public r -t 0.02 CHRISTINA SLOAN Notary Public - State of Utah Commission Number. 578522 Oommins0n Nov 3, 2012 Page 44 of 53 7-5 0/A0'6038009 NI'0 14.9 03803113 Y/N I'0'4 13W3S MILL Ad 1111180 t IOZ-9-1 MV0 112141 .Hb'7 NVO7S 004 0381/11388 We 1.10103 014V110 1.10 WW1 '1115 '3 IL IA 'S 9L 1 '61 11O803S i/l314 3141. 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SV 030100630 Al8V11131LWd 38011 ONV 11V111 'A1NO00 ONV80 'A10 8V011 '1116 '3 IZ 8 '6 9Z 1 '41 N00335 1-3 ONV 0 S1V1d N0mAIO9O5 M3N NIVINOON S 83018 'YI 101 JO 'li S .1183H1O0S 3HL $ 91 A t 5101 NINLM SONVI V 1,26211 NOI.L AIOSBO ,LNSAYS/JPOd .LSOd Page 45 of 53 93010'001'E 2.37' Dc MONUMENT BOX/PIN AT THE INTERSECTION OF KANE AND BIRCH Ny9' S 9 R�� Sj s. ..7%. \<CN 1 0 N30 55'32'W 1.96' POST ADJUSTMENT BOUNDARY 12. tP ny �co� �(tw) ti) �-A 4�>x-21 v'r a� �s 543 LA J� Page 46 of 53 7-5 EXHIBIT A LEGAL DESCRIPTIONS ORIGINAL PARCELS Tract A (Kane Creek Shopping Center), owned by J & J Properties of Troy, LLC A tract of land located in Section 12, T 26 S, R 21 E, SLM, Grand County, Utah to -wit: Parcel 1: Lot 1, Block S, Plat C, MOUNTAINVIEW SUBDIVISION, according to the plat thereof; and Parcel 2: The Southerly 5 feet of Lot 14, Block S, Plat C, MOUNTAINVIEW SUBDIVISION, according to the official plat thereof; and Parcel 3: Lot 16, Block S, Plat C-1, and Amended Portion of Plat A, MOUNTAINVIEW SUBDIVISION, according to the plat thereof; Parcel No. 01-MMV-0118. Tract B (Su Casa), owned by Donald H. Kellogg and Rebecca Dee Kellogg A tract of land located in Section 12, T 26 S, R 21 E, SLM, Grand County, Utah to -wit: Lot 14, Block S, Plat C, MOUNTAINVIEW SUBDIVISION, Less the Southerly 5 feet and Less the Northerly 64.85 feet, thus being a 30 foot strip of land through the Southerly part of Lot 14, Block S, Plat C, MOUNTAINVIEW SUBDIVISION, according to the official plat thereof; Parcel No. 01-MMV-0121. MODIFIED PARCELS Tract A (Kane Creek Shopping Center), owned by J & J Properties of Troy, LLC A tract of land located in Section 12, T 26 S, R 21 E, SLM, Grand County, Utah to -wit: Parcel 1: Lot 1, Block S, Plat C, MOUNTAINVIEW SUBDIVISION, according to the plat thereof; and Parcel 2: The Southerly 5 feet of Lot 14, Block S, Plat C, MOUNTAINVIEW SUBDIVISION, according to the official plat thereof; and Parcel 3: Lot 16, Block S, Plat C-1, and Amended Portion of Plat A, MOUNTAINVIEW SUBDIVISION, according to the plat thereof; LESS that portion of Lot 14 Block S, Plat C, MOUNTAINVIEW SUBDIVISION particularly described as follows: Page 47 of 53 7-5 Page 2 Beginning at a point which bears N 29"50'W 5.0 feet thence N 60"01'E 222.34 feet from the SW corner of Lot 14, Block S, Plat C, MOUNTAINVIEW SUBDIVISION, thence N 60"01'E 43.77 feet, thence S 30°55'32"E 1.96 feet, thence with a wall surface S 59°30'07"W 43.79 feet, thence N 30°20'00"W 2.37 feet to the point of beginning. Tract B (Su Casa), owned by Donald H. Kellogg and Rebecca Dee Kellogg A tract of land located in Section 12, T 26 S, R 21 E, SLM, Grand County, Utah to -wit: Parcel 1: Lot 14, Block S, Plat C, MOUNTAINVIEW SUBDIVISION, Less the Southerly 5 feet and Less the Northerly 64.85 feet; and Parcel 2: A parcel of land within Lot 14 Block S, Plat C, MOUNTAINVIEW SUBDIVISION Plat C, particularly described as follows: Beginning at a point which bears N 29"50'W 5.0 feet thence N 60"01'E 222.34 feet from the SW corner of Lot 14, Block S, Plat C, MOUNTAINVIEW SUBDIVISION, thence N 60"01'E 43.77 feet, thence S 30°55'32"E 1.96 feet, thence with a wall surface S 59°30'07"W 43.79 feet, thence N 30°20'00"W 2.37 feet to the point of beginning. Page 48 of 53 7-5 KEOGH LAND SURVEYING REGISTERED [AND SURVEYORS 45 E. Center • P.O. Box 396 MOAB, UT 84532 (435) 259-8171 Telephone and Fax DESCRIPTION OF THE SU CASA BUILDING ENCROACHMENT A PARCEL OF LAND WHIN LOT 14 BLOCK S OF MOUNTAINVIEW SUBDIVISION PLAT C. SECTION 12. T 26 S. R 21 E. SLIM, MOAB CITY. GRAND COUNTY. UTAH. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS N 2959'W 5.0 FT. THENCE N 60'01% 222.34 F7 FROM THE SW CORNER OF LOT 14 BLOCK S OF MOUNTAINVIEW SUBDIVISION PLAT C, THENCE N 60"011E 43.77 ft. THENCE S 30'55'32"E 1.96 FT.. THENCE WITH A WALL SURFACE S 59'30107"W 43.79 FT.. THENCE N 3070.00'W 2.37 FT. TO THE POINT OF BEGINNING. TIMOTHY IA. ALASKA ARIZONA COLORADO UTAH Page 49 of 53 7-5 S d A o.� �o JO3 3 o °oo�o J\)- "Q- JO3 S-P JO3 5 P 1 • a• 3rens ,78) ONicnins 1N30drOV 0 1WHObOThION3 '13 Z a 1VINIX08 • d`d sl vaw 03HaLVH N Memorandum of Understanding By and Between The City of Moab (the "City") and Grand County (the "County") PERTAINING TO THE COOPERATION BETWEEN THE CITY AND THE COUNTY WITH RESPECT TO JOINT PLANNING FOR AND FUNDING OF IMPROVEMENTS NEEDED TO ACCOMMODATE FUTURE GROWTH AND DEVELOPMENT ALONG MILLCREEK DRIVE AND HIGHWAY 191 RECITALS WHEREAS, the Interlocal Cooperation Act (Sections 11-13-1 et Seq. Utah Code Annotated) allows local governm ental agencies to enter into agreem ents that benefit the constituencies of the agencies entering into said agreements; and WHEREAS, the City of Moab is considering the annexation into City lim its properties adjacent to Millcreek Drive and /or Highway 191 that are currently in unincorporated Grand County; and WHEREAS, Millcreek Drive cros ses lands within the City's corporate limits, as well as lands in unincorporated Grand County and is intended to serve both City and non -City residents; and WHEREAS, Millcreek Drive is partially a County Class B Road and partially a City Class C Road; and WHEREAS, Highway 191 is owned and main tained by the Utah Departm ent of Transportation; and WHEREAS, new developm ent in the area considered for annexation m ay have im pacts on Millcreek Drive, Highway 191, and other areas adjacent to the future developm ents; and WHEREAS, the City and the County wish to jointly plan for and fund future improvements to Millc reek Drive, the interne ctions the reof, as well as storm water drainage improvements necessitated by the above described developments. NOW THEREFORE, the parties agree as follows: Page 51 of 53 %6 AGREEMENT 1. Areas of Cooperation a. The parties agree that if annexation of properties occurs as described above, that the parties will jointly fund a traffic study that will analyze the need for improvements related to road improvements along Millcreek Drive. This traffic study will take into consideration medium and long term impacts on Millcreek Drive and intersections thereof and will provide recommendations for improvements needed. b. The parties agree to create a mutually agreed -upon timeframe, budget and allocation of costs for improvements as identified in the traffic study, and to allocate costs for needed improvements based on the impacts created by new and existing development. c. The City agrees to enforce its in -effect codes and standards on annexed properties with respect to requiring new developments to demonstrate that the proposed development will not result in a net increase in stormwater discharge, as compared to pre -development conditions. d. The City and County agree that if the City and County determine that large scale stormwater system improvements are needed in the area in question, that the parties will jointly fund improvements based on the location of the properties necessitating the improvements. The parties agree that the City does not intend to fund stormwater drainage improvements that correct deficiencies in the County's stormwater system that were in existence prior to annexation of properties in the area in question. e. The City agrees that it will ensure that future development in the annexed area will minimize and/or mitigate impacts on adjacent County roads and facilities. f. Any joint funding arrangement will be formalized through one or more Interlocal Agreements, duly approved by both parties. 2. Administration of Agreement The parties agree that the City Manager and the County Council Chair will administer this agreement. Page 52 of 53 7-6 3. Effective Date and Duration of Agreement This agreement shall become effective immediately upon its approval by each party's governing body and by the execution of the agreement by the appropriate officials. This agreement shall remain in effect until the satisfaction of the obligations provided for herein. SIGNED AND DATED this day of January, 2012. CITY OF MOAB By: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, City Recorder GRAND COUNTY By: Gene Ciarus, Grand County Council Chair ATTEST: Diana Carroll, Grand County Clerk Page 53 of 53 7-6