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HomeMy Public PortalAboutPKT-CC-2012-02-28CITY OF MOAB February 28, 2012 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) 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, February 28, 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 January 10, 2012 1-2 February 14, 2012 1-3 February 16 & 17, 2012 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 None SECTION 5: NEW BUSINESS 5-1 Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat for Ben's Subdivision Subdividing Lot 29 of the Sunrise Hills Subdivision 5-2 Approval of a Final Plat for Preserve Phase II 5-3 Approval of an Improvements Agreement for Preserve Phase II 5-4 Approval to Submit an Application for the Drug Free Communities Grant 5-5 Approval of a Fee Waiver for Moab Half Marathon for Use of the Center Street Gym March 13 to March 17, 2012 5-6 Award of the Neptune ARB Meter Bid SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION Page 1 of 74 SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 2 of 74 MOAB CITY COUNCIL REGULAR MEETING January 10, 2012 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 Doug McElhaney, Kyle Bailey, 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, City Manager Donna Metzler and Deputy City Recorder Danielle Guerrero. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen Ron Pierce led in the Pledge of Allegiance. Twenty-seven (27) members of the audience and media were present. Councilmember Peterson moved to approve the minutes for October 25, 2011, November 15, 2011, November 18, 2011 and December 13, 2011 with corrections. Councilmember Bailey seconded the motion. The motion carried 5-0 aye There were no Citizens to Be Heard. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Andrus stated that UDOT is continuing to work on the bike path project and anticipated completion is May/June. City Engineer Andrus stated that the Soil Nail Walls have begun and that they are still working on defining the MSE walls and are anticipating that they will have stacked rock appearance similar to the walls next to Moab Springs Ranch. Under Planning Department Update, City Planner Reinhart stated that there were lots of small and large application, in the preliminary stages and that he will keep the Council updated. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster distributed a hand out on solar panel information. Mayor Sakrison presented Dorian Gonzalez with the Mayor's Student January 10, 2012 Page 1 of 3 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 PRESENTATION Page 3 of 74 Citizenship of the Month Award for January 2012 for Helen M. Knight School. Mayor Sakrison opened the Public Hearing on Proposed Resolution #01- 2012 — A Resolution Amending the Fiscal Year 2011/2012 Budget at 7:15 PM. There were no comments given. Mayor Sakrison closed the Public Hearing on Proposed Resolution #01- 2012 — A Resolution Amending the Fiscal Year 2011/201 Budget at 7:25 PM Councilmember Davis moved to approve the consent agenda as follows: 1) Award of the 2012 Crack Sealant Project Bid to Ridge Rock Inc. in the amount of $28,840.00; 2) Approval of the 2012 Crack Sealant Contract to Ridge Rock Inc.; 3) Approval of a request to send Ordinance #2012-03 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab to Public Hearing. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Davis moved to approve 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. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve Local Consent of a Proposed Full -Service Restaurant Liquor License for Michelle and Karl Kelley, d.b.a. Desert Bistro Located at 36 South and 100 West. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED CONSENT AGENDA, APPROVED ORDINACE #2012-01 APPROVED LOCAL CONSENT APPROVED Councilmember Peterson moved to approve a Class II Beer License for CLASS II BEER LICNESE Michelle Kelley, d.b.a Desert Bistro located at 36 South and 100 West. APPROVED Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. Councilmember Bailey moved to approve the application for a Community Development Block Grant to help with the Four Corners Community Behavioral Health, Inc. proposed project to build additional January 10, 2012 APPROVAL TO APPLY FOR COMMUNITY DEVELOPMENT BLOCK GRANT APPROVED Page 2 of 3 Page 4 of 74 housing units on the Willows property located at 48 North Shields Lane. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Petition to Vacate, Alter or Amend a Subdivision Plat in the C-3 Zone at 690 and 702 South Main Street. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve 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. Councilmember Davis 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, Mayor Sakrison stated that he would be attending the National Parks Conservation Association Convention in Washington DC and would be absent from the next Council Meeting. Councilmember Peterson distributed a hand out and requested that the City of Moab consider a resolution on the concept of personhood as it relates to corporate contributions to political campaigns and causes. Councilmember McElhaney moved to pay the bills against the City of Moab in the amount of $92,491.69. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:42 PM. APPROVED: Mayor ATTEST: David L. Sakrison Rachel E. Stenta City Recorder January 10, 2012 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISON PLAT APPROVED MEMORANDUM OF UNDERSTANDING APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT Page 3 of 3 Page 5 of 74 MOAB CITY COUNCIL REGULAR MEETING February 14, 2012 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 Doug McElhaney, Kyle Bailey, 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, City Engineer Rebecca Andrus, Chief of Police Mike Navarre, Teen Center Director Amy Stocks, City Manager Donna Metzler and Deputy City Recorder Danielle Guerrero. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led in the Pledge of Allegiance. Forty Six (46) members of the audience and media were present. There were no minutes to approve. Under Citizens to Be Heard, Pippa Thomas and Valerie Cotton handed out invitations from the PREP Program to the City Council inviting them to a dinner at the Youth Garden. A Community Development Department Update was not given Under Engineering Department Update, City Engineer Andrus stated that the retaining walls along Highway 191 were complete but still covered while the concrete cures and that the trail was moving along nicely. City Engineer Andrus stated that she had sent a letter to Congressman Matheson concerning a transportation bill that if passed would eliminate the Scenic Byway program and asked that the Scenic Byway designation not be eliminated. Under Planning Department Update, Planning Director Reinhart gave an overview of the next planning commission agenda and stated that the final Plat for Preserve Phase II would be coming to the Council soon. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that he had a couple of ideas on the intersection of 400 East and 300 South, including adding turn lanes and new striping. Public Works February 14, 2012 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 Page 1 of 4 Page 6 of 74 Director Foster stated that the light at Main and 300 South had been fixed. Mayor Sakrison presented Nolan Ramirez with the Mayor's Student Citizenship of the Month Award for February 2012 for Helen M. Knight School. Moab Community Action Coalition gave a presentation. Councilmember Davis moved to approve the consent agenda as follows: 1) Approval of an Agreement between the U.S. Department of Energy and the City of Moab for the installation and maintenance of Air Monitoring Equipment at the Moab UMTRA Project Site; 2) Award of the Riversands Waterline Replacement Project to DG Concrete in the amount of $77,538.00; 3) Approval of the Riversands Waterline Replacement Project Contract to DG Concrete; 4) Approval of an application for the Special Use of City Parks for Moab Half Marathon, Inc. for March 16 and 17, 2012. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Peterson move to approve the Mayoral Appointment of Statutory Appointees as follows: 1) Chief of Police — Mike Navarre 2) City Recorder/Assistant City Manager— Rachel E. Stenta 3) CityTreasurer—Jennie Ross 4) Public Works Director —Jeff Foster Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Moved -on Structure Permit for American Expedition Vehicles to conduct a display of Jeeps and Jeep accessories located at 356 South Main Street on April 3 to April 6, 2012. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve proposed Resolution #04- 2012 — A Resolution accepting the public improvements constructed in association with the subdivision know as "Mulberry Grove Planned Unit Development" and Authorizing the Release of the Performance Guaranty Associated With Said Improvements With the Following Change: The last February 14, 2012 PRESENTATION CONSENT AGENDA, APPROVED MAYORAL APPOINTMENTS APPROVED MOVED -ON STRUCTURE APPROVED RESOLUTION #04-2012 APPROVED Page 2 of 4 Page 7 of 74 paragraph will read "Concurrently, the Owner Agrees to Execute the Aforementioned Final Release Form and Payment Certification and to Execute the Required Easements as a Condition of Formal Acceptance of the Public Improvements Provided for Herein". Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Plat Amendment for Mulberry Grove Planned Unit Development. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Class II Beer License Application for Randy Apadaca, d.b.a. The Broken Oar Restaurant. Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. Councilmember Bailey moved to approve a Limited -Service Restaurant Liquor License Local Consent for Randy Apadaca, d.b.a. The Broken Oar Restaurant. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve proposed Resolution #05- 2012 — A Resolution of the City of Moab Supporting Federal Action to Clarify the Limited Application of the Concept of Corporate Personhood as it Relates to Corporate Contributions to Political Campaigns and Causes. Councilmember Bailey seconded the motion. The motion failed 3-2 with Councilmembers Peterson and Bailey voting aye. Councilmember Bailey moved to approve a Special Event Business License for Skinny Tire Festival to conduct a Cycling Tour March 9-13, 2012. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve a Special Event Business License for Moonshadows in Moab to conduct a Cycling Event May 5, 2012. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve a Special Event Business License for Moab Century Tour to conduct a Road Cycling Tour September 21-23, 2012. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. February 14, 2012 PLAT AMENDMENT APPROVED CLASS II BEER LICENSE APPROVED LIMITED SERVICE RESTAURANT LIQUOR LICENSE LOCAL CONSENT APPROVED RESOLUTION #05-2012 FAILED SPECIAL EVENT BUSINESS LICENSE APPROVED SPECIAL EVENT BUSINESS LICENSE APPROVED SPECIAL EVENT BUSINESS LICENSE APPROVED Page 3 of 4 Page 8 of 74 Councilmember Davis moved to approve a Pre -Annexation Agreement by and among the City of Moab, School and Institutional Trust Lands Administration and Utah State University. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve proposed Ordinance #2012-03 — An Ordinance of the Governing Body of Moab Annexing the South Area Properties to the City of Moab. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Fee Waiver for Moab Half Marathon of Use of Swanny City Park on March 16 and 17, 2012. Councilmember Peterson seconded the motion. The motion failed 4-1 with Councilmember Bailey voting aye. There was no Correspondence to be Read. Under Administrative Reports, City Manager Metzler reminded Council that Visioning will be held on Thursday and Friday, February 16 and 17, 2012. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that he had attended Reality Town at the Middle School and that it is a great program that he encourages everyone attend next year. Mayor Sakrison stated that the Mentoring Program needs 24 volunteers for 1 hour per week and anyone interested should contact the School District. Mayor Sakrison stated that the County would like a joint City/County meeting in March. Councilmember McElhaney moved to pay the bills against the City of Moab in the amount of $264,530.90. Councilmember Davis seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 8:04 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder February 14, 2012 PRE -ANNEXATION AGREEMENT APPROVED ORDINANCE #2012-03 APPROVED FEE WAIVER FAILED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT Page 4 of 4 Page 9 of 74 MOAB CITY COUNCIL SPECIAL MEETING February 16 & 17, 2012 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 8:30 AM. In attendance were Councilmembers Doug McElhaney, Kirstin Peterson, Kyle Bailey, Jeffrey Davis and Gregg Stucki. Also in attendance were City Manager Donna Metzler, Deputy City Recorder Danielle Guerrero, Deputy City Recorder Beth Joseph, City Treasurer Jennie Ross, City Engineer Rebecca Andrus, Planning Director Jeff Reinhart, Community Development Director David Olsen, Public Works Director Jeff Foster, 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, Recreation Assistant Justin Marcus, Moab Recreation and Aquatic Center Director Terry Lewis, Aquatic Manager Patrick Baril, Moab Arts and Recreation Center Assistant Amanda Turner, Planning and Community Development Director David Olsen, Film Commission Director Tara Penner, Teen Center Director Amy Stocks, Police Chief Michael Navarre, Police Officer III Aaron Woodard, Police Officer III Shaun Hansen, Police Administrative Assistant Cindy Montague, 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 2:35 PM. Mayor Sakrison reconvened the Special Meeting on February 17, 2012 at 9:00 AM. A presentation was made regarding City Council goals for the upcoming year. Discussion followed. Mayor Sakrison adjourned the Special Meeting at 11:07 AM. SPECIAL MEETING & ATTENDANCE PURPOSE OF SPECIAL MEETING DISCUSSION REGARDING VISIONING MEETING RECESSED MEETING RECONVENED DISCUSSION CONTINUED ADJOURNMENT February 16 and 17, 2012 Page 1 of 2 Page 10 of 74 Memo To: From: Subject: Background City of Moab Planning and Zoning Department Inter -office Correspondence February 23, 2012 Honorable Mayor and Members of Council City Staff Review of the Two Lot Bens Subdivision Located 440 and 446 McKay Place in the R-2 Zone and Submitted by Ben Byrd P H2-31 The Sunrise Hills Subdivision was approved in May 2006 and has been successful in providing numerous homes for Moab residents. Lot 29 is one of the final lots to be built on and it is restricted with a maximum height of twenty (20) feet. Typically, the lots that are uphill of McKay Place had the restriction applied to them and the lots located downhill of McKay Place were not restricted. However, Lot 29 was included as if it was located uphill of the street. This application is seeking to divide the lot into two lots for the construction of attached single family homes. It also is requesting that the plat notes for the height restriction be amended to exclude Lot 29 from the height restriction of twenty feet as are all of the lots located on the north east (downhill) side of McKay Place. Several pictures are included to illustrate the context of the lot on the hillside. 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 Page 11 of 74 Moab City Council Bens Subdivision P1-12-31 February 23, 2012 2of2 (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 amend a public street, right-of-way, or easement is also subject to Section 10-9a-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 and amendment to the plat notes will meet the applicable requirements listed in state law and the Moab Municipal Code. p:\planning department \2012\correspondence\pl•12-31 cc bens sab.docz Page 12 of 74 ree - z)iuu.uu plus UD.uu per amended lot or unit. Receipt No. (_()Ct D 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; 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 13 of 74 OWNERS: Date State of V-i-a- L ) County ofr-�„�.dL ) On the day of '1, personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: 87/5/15 Residing in G vzi,4 C r (A-T OWNERS: Date Date State of } 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 Page 14 of 74 I am proposing to split my lot on McKay place into a twin home lot. I will be starting a twin home on this lot this spring. It will be similar in style to the last one I built on the corner of Byrd Ave., and Blue Heron Ct. We have had a lot of interest in this style twin nome, where both garage doors don't face the street that the homes front on. This lot works very well with this style by having plenty of width. Page 15 of 74 A►M4oA ILK MOT•• PKOK 000,0140L. •UISCMKKOM PLAT ,, ALL LSI rAIPTAsa MI MASCO W a IT PK MP cALOlNR K WK. KN. L Ot .7114. ]I NO T4-N Kt1 000L1r1 xtr DKr MAI w M•Of A RrE AS mr K KOOKr9 DS ia�� rAaJOi w .0 • P K. � L 6040 AR AAt 0.0010 A PAtxm 1004 Arsctim. V TJ n ATOP MALL KKKK M.�� elNPr 04 rtl•10•T tor01 O R4 INTKAACKIA4 014001744 C AAL•410110 •U•01VI•L0111 MOTRD 3LOKl0-TLw0LOT LIN•R. mreA0.1414KloalM10fr. LEGEND • tWaua ;DI MAKE R.na NUS .a moo CtlAV 9+040401 rrt rr =KKR ...4004 • Kr 1r4' N.M. •d RACK W nIH •ArLTr n 4004A fact WOK THIS PLAT GRAPHIC SCALE r, ( arm) mAs•10 O A MAL PEAT GE BENS SUBDIVISION A SUFI:ARMOR CF LOT 29 OF SUNRISE HILLS SU3011M1S106. IVTNIN THE Sri 1/4 S911/4 SECTON 1, T 26 S, R 21 E. SW. 1.10A8 CITY, CAMEO CCM4TY, UTAH TCMPO•ART. SO rt. DIAL TLA AAAAaRO (AOCMLAT. AUTWATICALT VACATED UPON CITEMSW Cr AMA, PUCE V/Ciarrr &AP LOT I sN. SURVEYOR'S CERTIFICATE TRAOIMT M. KUM. DO NEiC6Y CERTEY NIA, 1 All A REGISTERED uTAN LAND SURVEYOR. MO MAT I NOLO EZRnnCATE NO. AS PRES'SL4ED LDIXR TML LAM Cr 1NE STATE OF UTAN. AND 1 DIRT'S CUM" MAT UNDER WIMROTT Cr ME OMENS. I NAVE MADE A SLRVET OF TM TRACT DR LAND MOM ON TIES PEAT AND DESCRETED BELOW. AND Rf FR fiCMYDEO SAGA TRACT OP NS o LOTS STREETS, REM - MD MAT SAME HAS DEEM CORRECTLY SURVEYED AND STAND) ON ME CROUItl AS MOM EN T1OS PLAT BOUNDARY DESCRIPTION DESCRY ch SLY.LOT 29 Or SUNSET MIS MO:B CITY. WAND COUNTYY.UUT�MCK PARTICULAR1.LY 1 26 S CESCRLILD AS FOELo65: EtGTQ•1G AT nt WTI CDTOt_R OF LOT 29 rJ SUMfry' MILS SRI:TWAT.. SAD =RMFA BEARS N 2.,216071 706-02 R. MOM tHL Sx cpMER p SECTION 1. E EO S. R r C. SAT. ATO PROCFED•IG TREACE N .141CrIet 90.c6 Fi. TO A CoNiA. DEN'{ S 0E5742TE 151.6E FT TO A COMM M NCE S 39 0'14'• TW. ST ET. ED A CDIDQJI. (RACE YAM DC ME PONT � ONTMG AND DMINDP1r 131D SWAT% FELT, Iron OR LESS. rt8INART 10. 201E DATE 0VfNERS DEDICATION KNOrI ALL IA411 BY THESE PRESENTS MAT _. MC LY415ISIMED OANERE ) U TM ABOVE OESCRbED TRACT Cr LAND. MALMO CAUSED SAUL TO SDOCIVDED RIM LOTS AND SDRETS HEREAFTER TD BC MOAN AS En BENS SUBDIVISION DO HEREBY DEDICATE FOR PERPETJAL USE OF ME PUBLIC All PARCELS Cr W10 SNOTN 01 MIS PLAT AS RITMO FOP PUBLIC USE. W MIK% *ROE NwIE NEREUAto SET TAMS OAY Or__ AD_ NO__ ISCMAAUN E DYAD ACKNOWLEDGMENT StAIC Or UTAN 00NTf OF __SS. W DIE —DAY OF AD EO_PCRSMAILY APVCARLO WCAC ui ANL CROWED( T))O 1AL ON M OASIS K SATISFACTWY Eu0U10E IC Di PERSON� AACA4 Facto AMOSE t TIE ISMJTNE`).'I. ERurte THE SD TO µL S1NJYalT. Mr C.}•OSNON UNITES RECIARr MILK COI.Nn, SDNc 1/4 PREPARED 8Y KEDGII LAND SURVEYING 45 FAST CENTER STREET MOAB, UTAH 84532 DATE: FE0.0)ATLY .0. 201E MALN BY: MK CA EMED BY: MK MAYORS APPROVAL PRESENTED ID DC RDAS Ott MAEOT MS _DAY Or AD 20— SUOOINNEN WAS ACCEPTED AND APPROVED. ATTEST COUNTY RECORDER NO. STATE Cr WAN. CO er R.EC RX.D Al Tor RCOLIEST Dr DATE—TEES—SWL_PALL _EIE� ,DUN Page 16 of 74 ��a .scv i h��LA '05 O1L'6 2 101 1.45) 9L>ti ��" *-' ��c�� SS ze� ��cv '13 'OS *wet' ! 101 3., 0,6*.69N S31ON 1.Vld 33S Ssb '13 'OS SLtili 9Z 101 O o SNOE110N00 803 1N3Wn0Q0 0308003N 33S '101S3 30VNIV8C1 W601S " 33Vld AVNOVi j0 NOESN3D3 NOdf] 031VOVA ATIVOILVAQUIV 1.NRGSV3 ONnoaVNaf1L " laVdOdW31 " " Page 17 of 74 .4�� :ct ss\ c' .Js6 34bAs aJ\ APPLICABLE NOTES FROM ORIGINAL SUBDIVISION PLAT 1. ALL LOT FRONTAGES ARE SUBJECT TO 10 FT. WIDE UTILITY EASEMENTS, AS DEPICTED HEREON. 2. ON LOTS 20, 21 AND 26-31 SOILS CONDITIONS MAY EXIST THAT MAY REQUIRE A SITE SPECIFIC BE SOILS REQUIRED�BY�THE BUILDING DEPT. PRIOR ON, AN ENGINEERED DTO CONSTRUCTING AOTHER BUDREMEDIAL ACTION BUILDING. 3 LOTS 20-31 ARE SUBJECT TO A AS DEFINED N THE MOST NG HEIGHT RESTRICTION HEIGHT SHALL T CURRENT EDITION OF THE INTERNATIONAL BE RESIDENTIAL CODE. AMENDED SUBDIVISION NOTES 3. LOTS 20-28, AND LOT 31 ARE SUBJECT TO A BUILDING HEIGHT OF 20 FT.. LEGEND © ORIGINAL LOT CORNER SUNRISE HILLS FOUND COUNTY SURVEYORS PIPE IN CONCRETE MONUMENT • SET 5/8" REBAR WITH PLASTIC CAP THIS SURVEY +i 0•6O�oti nO� Page 18 of 74 PICTURE A- STREET VIEW LOOKING ACROSS THE PROPERTY TO THE NORTH Page 19 of 74 well IRF R_CTRGFT VIPIA! I nnimor. nrrinc6 TWr DR,(1D DTII-rn Tuc ❑ino-rurncr PICTURE C- VIEW LOOKING NORTH FROM FRONT OF LOT Page 20 of 74 PICTURE D- VIEW LOOKING WEST FROM FRONT OF LOT Page 21 of 74 PICTURE E— VIEW LOOKING NORTHWFST FRrnnn ctnl mop r,r PICTURE F- VIEW LOOKING WEST FROM FRONT OF LOT PICTURF r- VIFW FRnM 1n/FCT clhF nF CTRI=FT 1 nnwinir: FACT nrrznec 767G 1 nT PICTURE H- VIEW OF DRAINAGE EASEMENT oir-ri K2 P I_ lirlPIA/ I flinitiftir. cni ITWIMPST mnivi FP ma ing 1 ur City of Moab Planning and Zoning Department Inter -office Correspondence PH2-So February 23, 2012 Memo To: Honorable Mayor and Members of Council From: City Staff47e Subject: Review of the Final Plat for Phase Two of The Preserve Subdivision Located in the R-2 Zone and Submitted by Ben Byrd, Applicant, on Behalf of the Property Owners, Dennis and Patricia Byrd, as Favorably Referred to Council by the Planning Commission Background In October 2009, the Planning Commission reviewed the preliminary plat for The Preserve Subdivision. At that time the conceptual phases were shown for the development of the 18.6- acre property and the Final Plat for Phase One was approved by Council in April 2010. This phase is nearly built -out. The overall development is comprised of 13.2 net acres of developable lots, 4.9 acres of street rights -of -way, and initially included twenty-five (25) detached single family residences (SFR) and thirty-one (31) attached single family dwellings for a total of 87 lots. Phase 2 has been slightly amended by the property owners, Pat and Pete Byrd. The lots in Phase 2 were configured so that six (6) lots were created for detached single-family dwellings and ten (10) lots were for the construction of attached single-family dwellings. The current plan for this phase of the property is to construct six (6) detached single family residences and fourteen (14) attached single family residences. The general street location has not been altered but the large right-of-way for Byrd Avenue has been reduced from 62.47 feet in width to fifty (50) feet in width. This reduces the cost of development and significantly reduces the costs of long term maintenance incurred by the City. Lot sizes in this phase range from 8,512 to 9,967 square feet for detached single family residences and 5,001 square feet to 6,426 square feet for attached single family dwellings. Building heights will range from twenty-eight (28) feet to thirty-five (35) feet. The Planning Commission reviewed this final plat at their regular meeting held on January 26, 2012. The Commission voted to favorably recommend approval of The Preserve Final Plat, Phase 2 to Council without conditions. The final issue was the storm water plan for the development that was found to be insufficient. A new study was completed and reviewed by the City Engineer that was subsequently approved for this and future phases. Page 24 of 74 Moab City Council The Preserve Subdivision Phase II PL•12.30 February 23.2012 Chapter 16.08 PROCEDURE Sections: 16.08.010 Preliminary procedure. 16.08.020 Exceptions --Final plat. 16.08.030 Exceptions --Exceptional conditions. 16.08.040 One main dwelling structure to a lot. 16.08.050 Vacating or changing a subdivision plat. 16.08.010 Preliminary procedure. Before dividing any tract of land into two or more lots, a subdivider shall: 3afEl A. Prior to or coincident with the submission of the preliminary plat, file with the zoning administrator a completed subdivision information form or forms to be furnished by the zoning administrator; B. File with the zoning administrator for examination and subsequent approval or disapproval by the planning commission, after a public hearing noticed according to Utah State Code 10-9a-207 eight black and white prints of the preliminary plat prepared in conformance with the provisions of this title. Prints shall be filed at least fifteen days prior to the planning commission meeting at which time the plat may be considered, and shall be accompanied by a filing fee in conformance with the following schedule: 1. The fee schedule for subdivisions shall be established by resolution. C. Within one year after receiving approval of the preliminary plat by the planning commission, unless such time is extended by the planning commission, submit the original and three copies of the final plat to the planning commission for final approval or disapproval, as the case may be; D. The city administrator shall present, after the planning commission has given approval to the plat, the original of the final plat to the city council for their decision; E. Following final approval by the city council, the final plat bearing all official signatures and/or approvals as herein required shall be submitted to the office of the county recorder for recording by the subdivider. A sepia, autopositive, CD disc or other reproducible copy together with two standard prints of the final plat shall be supplied to the zoning administrator. Failure on the part of the subdivider to record a final plat of a subdivision within a period of ninety days following approval by the city council shall render the plat invalid and reconsideration by both the city planning commission and the city council will be required before its Page 25 of 74 Moab City Council The Preserve Subdivision Phase II P1-12-30 February 23. 2012 acceptance. Chapter 16.12 PRELIMINARY PLAT Sections: 16.12.010 Preparation --Generally. 16.12.020 Description and delineation. 16.12.030 Existing conditions. 16.12.040 Proposed subdivision plan. 16.12.050 Preliminary plan approval. 16.12.010 Preparation --Generally. 4of8 The preliminary plat, prepared on tracing paper twenty-four inches by thirty inches, shall contain the information herein specified and comply with the requirements set out in Sections 16.12.020 through 16.12.040. (Ord. 13-81 (part), 1981: prior code §22-3-1(part)) 16.12.020 Description and delineation. In a title block located in the lower right-hand corner the following shall appear: A. The proposed name of the subdivision; B. The location of the subdivision, including: 1. Address, 2. Section, township and range; C. The names and addresses of the owner, the subdivider, if different than the owner, and of the designer of the subdivision; D. The date of preparation, scale (no less than one inch to equal one hundred feet) and the north point. (Ord. 13-81 (part), 1981: prior code §22-3-1(1)) 16.12.030 Existing conditions. The plat shall show: A. The location of and dimensions to the nearest benchmark or monument; B. The boundary line of the proposed subdivision indicated by a solid heavy line and Page 26 of 74 Moab City Council The Preserve Subdivision Phase II PL-12.30 February 23, 2012 the total acreage encompassed thereby; 5of8 C. All property under the control of the subdivider, even though only a portion is being subdivided. Where the plat submitted covers only a part of the subdivider's tract, a sketch of the prospective street system of the unplatted parts of the subdivider's land shall be submitted, and the street system shall be considered in the light of existing master street plans or other planning commission studies; D. The location, width and names of all existing streets within two hundred feet of the subdivision and of all prior platted streets or other public ways, utility rights - of -way, parks, and other public open spaces, permanent buildings and structures, houses or permanent easements, within and adjacent to the tract; E. The location of all wells, proposed or active and abandoned within the tract and to a distance of at least one hundred feet beyond the tract boundaries; F. Existing sewers, water mains, culverts or other underground facilities within the tract and the distance of at least one hundred feet beyond the tract boundaries including pipe sizes, grades, manholes and their exact location; G. Existing ditches, canals, natural drainage channels and open waterways and proposed realignments; H. Boundary lines of adjacent tracts or unsubdivided land, showing ownership where possible; I. Contours at vertical intervals of not more than two feet, high water levels of all watercourses, if any, shall be indicated in the same datum for contour elevations. (Ord. 13-81 (part), 1981: prior code §22-3-1(2)) 16.12.040 Proposed subdivision plan. The subdivision plan shall show: A. The layout of streets, showing location, widths and other dimensions of (designated by actual or proposed names and numbers) proposed streets, crosswalks, alleys and easements; B. The layout, numbers and typical dimensions of lots; C. Parcels of land intended to be dedicated or temporarily reserved for public use or set aside for use of property owners in the subdivision; D. A tentative plan or method by which the subdivider proposes to handle storm Page 27 of 74 Moab City Council The Preserve Subdivisian Phase II PL-12-30 February 23.2012 drainage for the subdivision. (Ord. 13-81 (part), 1981: prior code §22-3-1(3)) 16.12.050 Preliminary plan approval. 6of8 Following a review of the preliminary plat by the planning commission, the planning coordinator, the city engineer, the utility supervisor, the utility companies and other agencies as required by the zoning administrator, the planning commission shall hold a public hearing before acting on the plat as submitted or modified. If the plat is approved, the planning commission shall express its written approval with whatever conditions are attached, by returning one copy of the preliminary plat, signed by the zoning administrator to the subdivider. One signed copy shall be given to the city engineer and one copy retained by the zoning administrator; other copies to be distributed as determined by the zoning administrator. If the preliminary plat is disapproved, the planning commission shall indicate its disapproval in writing and give reason for such disapproval by means of signed copies. The planning conunission action can be appealed to the appeal authority within thirty days of written notice to the subdivider. The receipt of a signed copy of the approved preliminary plat shall be authorization for the subdivider to proceed with the preparation of the final plat. No construction of the subdivision shall commence until final approval has been given and the plat recorded. (Ord. 06-01 (part), 2006: Ord. 13-81 (part), 1981: prior code §22-3-2) (Ord. No. 10-06, 11-9-10) Chapter 16.16 FINAL PLAT Sections: 16.16.010 Preparation -Generally. 16.16.020 Description and delineation. 16.16.030 Standard forms to be included. 16.16.040 Time limit for recordation. 16.16.010 Preparation -Generally. The final plat, which must be prepared by a licensed land surveyor on a sheet of tracing linen twenty-four inches by thirty inches and made with approved waterproof black drawing ink, shall be so drawn that the top of the sheet faces either north or east, whichever accommodates the drawing best and shall comply with the provisions set out in Sections 16.16.020 through 16.16.040. (Ord. 13-81 (part), 1981: prior code § 22-4-1(part)) 16.16.020 Description and delineation. The final plat shall show the following: A. The name of the subdivision; Page 28 of 74 Moab City Council The Preserve Subdivision Phase II PL•12.30 February 23, 2012 7of8 B. Accurate angular and linear dimensions for all lines, angles and curves used to describe boundaries, streets, alleys, easements, areas to be reserved for public use and any other important features; C. An identification system for all lots and blocks and names of streets. Lot lines shall show dimensions in feet and hundredths. Actual house numbers, as assigned by the city engineer, shall be shown; D. True angles and distances to the nearest established street lines or official monuments, which shall be accurately described on the final plat and shown by appropriate symbols; E. Radii, internal angles, points and curvatures, tangent bearings and the length of all curves; F. The accurate location of all monuments and fire hydrants to be installed shown by the appropriate symbol. All United States, state, city or other official benchmarks, monuments or triangulation stations in or adjacent to the property, shall be preserved in precise position; G. Dedicate to the city all streets, highways, and other public lands included in the proposed subdivision; H. Pipes or other such physical monuments as shall be placed at each lot corner; I. Where it is proposed that streets be constructed on property controlled by a public agent or utility company, approval for the location, improvement and maintenance . of such streets be obtained from the public agency or utility company and entered on the final plat in a form approved by the city attorney. (Ord. 13-81 (part), 1981: prior code § 22-4-1(1)) 16.16.030 Standard forms to be included. The final plat shall contain the following: A. A registered professional engineer or land surveyors' "Certificate of Survey"; B. The owners' "Certificate of Dedication"; C. A notary public's "Acknowledgement"; D. The city planning commission's "Certificate of Approval"; Page 29 of 74 Moab City Council The Preserve Subdivision Phase II Pt-12-30 February 23.2012 E. The city engineers' "Certificate of Approval"; F. The utility supervisors' "Certificate of Approval"; G. The city attorney's "Certificate of Approval"; H. The city council's "Certificate of Approval"; I. Certificate of filing to be completed by county recorder; J. The planning coordinator's "Certificate of Approval." (Ord. 13-81 (part), 1981: prior code § 22-4-1(2)) 16.16.040 Time limit for recordation. 8dB Failure on the part of the subdivider to record a final plat of a subdivision within ninety days following the approval by the city council shall render the plat invalid and reconsideration by both the city planning commission and the city council will be required before its acceptance. (Ord. 13-81 (part), 1981: prior code § 22-4-1(3)) pAplanning department\2012\correspondence\p1-12.30 cc preserve 2 tinal.docx Page 30 of 74 CITY OF MOAB SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK FINAL PLAT APPLICATION DATE SCAMP FOR CITY USE ONLY To BE FILLED OUT BY APPLICANT 7� PROJECT NAME (if any): ppc s -eto c Pha S� 1-- 1 PROJECT STREET ADDRESS OR ACCESS STREET: � `J __...A Il V ei 0 C, FOR CITY USE ONLY 7 APPLICATION NUMBER: II' 0_1 IC-b DATE RECEIVED: q -go-I% APPLICATION FEE: S200.00 PLUS $25.00 PER LAC/T 4100 •00 TREASURER'S RECEIPT NUMBER: .C:/k 135 All apphcahons are subject to review by city staff for completeness. Staff will notify the applicant of deficiencies or completeness within fifteen days. SUBMITTAL REQUIREMENTS MYLAR FINAL PLAT REQUIRED PRIOR TO CITY COUNCIL REVIEW APPLICATION FULL-SIZE DRAWINGS REDUCED DRAWINGS FEES ATTACHED SUBMITTAL CHECKLIST One original (which must contain an original signature of owner/agent) EIGHT (8) copies of the required drawings must be provided. Drawings must be 18"x 24" or 24" x 35" in size. TWO (2) copies of the drawings reduced to 8.5" x 11 " or II "x 1 T' must be provided. Preliminary Plat - $200.00 plus $25.00 per lot Final Plat - $200.00 plus $25.00 per Iot alp ,Swop 700. co Please refer to attached Submittal Checklist for further information. Note: when submitting this application, please do not copy or include the Submittal Checklist sheets attached to the back ofthis application. REQUIRED SIGNATURES (sign & date) Public Works Director City Engineer Fire Chief Building Inspector City Planner Streets Superintendent Zoning Administrator City Manager Water & Sewer Superintendent City Recorder DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET • MOAB, UTAH • $4532 Phone: (435) 259-5129 • Fax: (435) 259-4135 • E-mail: info@moabcity.org Website: www.moabcity.org Page 31 of 74 5. Applicant or contact person: Address: Phone: CITY OF MOAB SUBDIVISI®lot APPLICATI®let FORM MUST BE COMPLETED IN INK A. GENERAL INFORMATION 4. Name of property owner: Address: Phone: Name of property owner: Address: Phone: DeJon,, E ail)A Oa(„ Colorado Ave c�5q - 74,00 Fax: r E-mail: f� b aot r e o(d of /) e- i1C� a�f Fo f j'a E-mail: Fax: Attach additional owner information if necessary. If the owner(s) of record as shown by the county assessor's office is (are) not the agent, the owner's (owners) signed and notarized authorization(s) must accompany this application. eimiS (fie fle) e9r }v.4T Afrd 6. Name of land surveyor: Address: Phone: E-mail: Fax: ke6,9h jaod gyroey,el9 oiler f'li clef Asstx. E-mail: 4. Description of proposal: Fax: 5. Does the property/site contain hillside slopes over 25%? 6. Does any portion of the property/site reside in the FC-1 flood zone? ❑ yes 14' no ❑ unknown ❑ yes `ono ❑ unknown DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET • MOAB, UTAH • 84532 Phone: (435) 259-5129 • Fax: (435) 259-4135 • E-mail: info@moabcity.org Website: www,moabcity.org Page 32 of 74 CITY OF MOAB SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK 7. Are any restrictive covenants existing or proposed? (If yes, please attach.) 'Oyes ❑no 8. Are there underlying/overlying agreements on the property? `a yes ❑ no ❑ unknown If yes, check as appropriate and provide a copy of the decision document: g Conditional Use Permit - j S-)C r, ❑ Zoning Variance ❑ Planned Unit Development ❑ Other: Date of Preliminary Plat Approval 29cieael /? PC /,-;). c2C 3 to j I here .certify that I have read this application and know the same to be true and correct. *Signature of owner o u'thoriz J9C/7/1( 5 Please Print Name agent Date *Signature of owner or authorized agent Date T al r C; (-6// Please Print Name .9/)6//7 *If signatory is not the owner of record, the attached "Owner/Agent Agreement" must be signed and notarized DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET m MOAB, UTAH 84532 Phone: (435) 259-5129 a Fax: (435) 259-4135 0 E-maiI: info@moabcity.org Website: www.moabcity.org Page 33 of 74 MOAB CITY SEWE MAIN ,;/3 070 y90 ,2 a ar 4 Ner so2 B s 1S7 SI 11e• SS4SSA B Sr Ile 4B sere SF Iltr 3B nr 15A sssa sf nr s58 SS. Sr v erm s scwnv 3074 SF 2.0 s7ro 22B !w. V 11e /4A a 30A SSSS SF 35E1. 3100 SF 40A Soli sr PL3� — -57,6 yy�¢sa�—r — 41 11.16 SF 44 ns 57A 70 R S SIDES cr rI.1 AEHI Nea�sE a».r 49 SOA 48B e4.e ar rsr 48A SI. SF 466 sp. SF (777 ie!l. GOVERMENT MARKER. FOUND, O SEVER S1ANI-CLE 1 W --_ Exwr—ING VATER LITC ~—•' ---- EXISTING SEVER LINE Zur04ND 50B off 51 31. SF 1.011.17.4,41.1 1 •- �- BYiag 4 PirAreJ.f' TRACT B ssu sr Page 34 of 74 CO.4OR4pO .411 NUE EAST 153.99' 13E1.99 h T 95.60' LOT 2T 5.M2 SO. FT. --EAST- �n -� _114.30- -- ,a, LOT 2BA r? (11'A41.101E) I� 5,001 DO. R. • MOST 114.45' I 25.00' I.(3T 2B8 I�b TYANNOYE) 3,001 SO. R. 1 - -EAST- - J --114,5d- - -1 • IC FT. MADE DRAINAGE & LOT 29 R. Is UTILITY EASEMENT, 5 R. )., EACH SIDE DF LOT NNE (TYPICAL),......... r 10 FT. WIDE DRAaNACE & UTILITY EASEMENT (TYPICAL OF ALL FRONT LOT ONES) - -NEST- - -11a.6i`- - $ T LOT 30Ais I 1� (T9NHOAE) I~ 5,472 SO FT .00 WEST 132.91' I LOT 4oa a(TWWHOME) ri �- 51530 SO. R. 'g �LI-13236'_ � S NW CORNER LOT 49 j OF THE PRESERVE, PHASE 1 L - -HEST- - r - 8I LOT 42A (TMINIIOME} 6.254 SO. FT. I EAST 13053' s8, i LOT 42H ,a (11WNNOYE) 5255 SO FT l� S I »� - -WEST- �� -130.2i.-- .' • I LOT 43 vS EAST 11502' Ig 0 I 9,073 SO. R. I� g LOT Hd4B ± I N6y25'32'E n I JJ 21A6' b---H>•cT4 90511� F I�N6515'3]'E�29 6 PONT OF REPINING r 7159- �7E.09'- I NW CORNER OF LOT 45 OF THE PRESERVE PHASE I) I LOT 44 I LOT 45 &524 SO. FT. 1119E7 SO. R. ., -! EAT 31A m b n' (IIHNNOME) (]NINHCME) I� 5.76E SQ. FL I ! i I , '> 35.54' • 1492' V �3 C� 59.95' 75.35'n. �Q 10406' 5a9.42'33'W 13130' g ('7 {jJ,�' 'g' S89'42'33'W 175.74' g g li 10 FT. woe OIWNAGE & UTILITY EASEMENT, 5 R. EAOH sot OF LOT LNE (TYNCAL) TR PRES A FINAL PLAT OF HE RV 1-ii ) F 8 JSW CORNER LOT 59 'PALISAOEs 91.e0. I3 f A RESIDENTIAL SUBDIVISION WITHIN THE 5E1/4 OF SECTION 35, T 25 5, R 21 E, SW, MOAB CITY, GRAND COUNTY, UTAH EAST 13346' T -10 R. WOE DRAINAGE A UTILITY EASEMENT LOT 90A ET59NNOI 5,1155 SO FT. . I -EAST_ LOT 41 9,591 SQ. R. -LOT 3IH Try 5,233 50. FT. � P g 55""" t4Q.ro 9YRO - VENUB C 100 Y Na9'4I'33' 111.50' 47.55'—03.92' \ nor_ 42.15' 9,, LOT 32A A (IYANHOME) a I' � 5,927 50. FT. - r, EAT 328 :Y OM (IWINHE) m 15,771 SO. FT.• `50.07` �-511.02'-' • 25.00' S59'54'3 'YI CI I; $ I LOT 53A - b (LOT N539 T-44Hou O4k0 I6,331 SO. FT 5,425 SQ. FT.I 25.00'• L63.01'- --53.01'- 1 292 OE GRAPHIC SCALE s %499 —_—J—�J PUBLIC WORKS APPROVAL APPROVED T},IS - -- DAY CF A.D. 20 , BY ( IN FEET ) 1 inch s 50 EL I149' S591312'W PLANNING COMMISSION CERTIFICATE APPROVED THIS DAY OF A.O. 20 , BY PLANNING COMMISSION 7 e CITY ENGINEERS APPROVAL I HEREBY CERTIFY THAT I HAVE HAO THIS PLAT AND SAID TRAC AS STAKED EXAMINED 9Y THIS OFFICE AND IT 1S CORRECT ANO ACCORDANCE WITH INFORMATION ON FILE IN THIS OFFICE, _111M1151: _ CHAIRMAN PLANNING COMMISSION DATE PVa 35 of 74 CITY OF MOAB PLANNING RESOLUTION NO. #02-2012 A RESOLUTION RECOMMENDING APPROVAL OF THE FINAL PLAT FOR PHASE TWO OF THE PRESERVE SUBDIVISION ON PROPERTY LOCATED IN THE R-2 ZONING DISTRICT WHEREAS, Dennis and Patricia Byrd, 826 Colorado Avenue, Moab, Utah, 84532 as the owners of record ("Owners") of a tract of property in the R-2 Zone have applied through their agent, Ben Byrd, 853 Rainbow Lane, Moab, Utah 84532, for the final plat of Phase Two of the Preserve Subdivision; and, WHEREAS, the applicant provided the City of Moab with the necessary documents, plans and drawings to complete the application for Final Plat of Phase Two of the proposed The Preserve subdivision ("Development') as required in Code Chapter 16.16; and, WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a public meeting to review the proposal and review the Phase Two Final Plat for compliance with the Preliminary Plat on January 26, 2012; and, WHEREAS, the proposed lots exceed the minimum required lot size for detached single family residences of seven thousand two -hundred (7,200) square feet and exceed the lot size requirement of ten thousand (10,000) square feet for attached single-family dwellings ("twin homes") for the R-2 Residential Zone as described in Chapter 17.45.030 of the Moab Municipal Code; and, WHEREAS, the Commission, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the development, determined that the Final Plat of The Preserve Subdivision, Phase Two, dated November 1, 2011, has met or can meet the requirements of Titles 16 and 17 of the Moab Municipal Code. NOW, THEREFORE, be it resolved by the City of Moab Planning Commission, that adoption of Resolution No. #02-2010 recommends that Council approve the submitted Final Plat of Phase Two of The Preserve Subdivision without conditions. Kelly Thornton Chair pAplaaning department \2012\reseluticns\pc\02-2012 preserve 2 final.decx Date Page 36 of 74 SUBDIVISION IMPROVEMENTS AGREEMENT For The Preserve Subdivision, Phase 2 The CITY OF MOAB, a Utah municipality (hereinafter "CITY"), and Dennis E. & Patricia Byrd (hereinafter "SUBDIVIDER") mutually referred to as the "Parties", do hereby enter into the following Agreement, pursuant to Moab Municipal Code (hereinafter: "City Code") Section 16.20, to cover the installation of subdivision improvements required by City Code (hereinafter: the "Required Improvements"). I. RECITALS. A. The City Planning Commission, as the land use authority for preliminary subdivision plat approval, after following all required procedures and meeting noticing requirements, approved a Preliminary Plat for The Preserve Subdivision on November 12, 2009. B. The City Planning Commission, after following all required procedures and meeting notice requirements, recommended approval of the Final Plat for Phase 2 of The Preserve Subdivision to the Moab City Council on January 26, 2012. C. The Moab City Council, as the land use authority for Subdivision Final Plat approval, approved the Final Plat for Phase 2 of The Preserve Subdivision (hereafter "the Subdivision" or "the Plat") at its regular City Council meeting on February 28, 2012. D. SUBDIVIDER has submitted to CITY for its review construction plans and specifications entitled THE PRESERVE SUBDIVISION CONSTRUCTION DRAWINGS SURFACE AND UTILITY IMPROVEMENTS (sheets C1 — C10 inclusive), having been prepared by SMA Engineering and bearing the stamp of a licensed Professional Engineer (hereinafter: the "Construction Plans"). Said plans show in sufficient detail the Required Improvements for the Subdivision. E. The Construction Plans have been reviewed and approved subject to such modifications as may have been specified by each of the following entities: (i) The City Engineer with respect to site grading, pathway, street, and storm water drainage improvements, (ii) The City Public Works Director with respect to culinary water improvements if provided by the City, storm water drainage improvements, parking improvements, and access improvements. Page 37 of 74 The Preserve Subdivision Phase 2 SIA Page 2 of 9 II. AGREEMENT IN CONSIDERATION OF THE ABOVE RECITALS, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Covered Property. The real property subject to this Agreement (hereinafter; the "Property") is described as follows: BOUNDARY DESCRIPTION DESCRIPTION OF A PARCEL OF LAND IN THE 5E OF SECTION 35, T 25 S, R 21 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF LOT 46 OF THE PRESERVE, PHASE I. SAID CORNER BEARS 5 00'31'11'W 517.41 FT. THENCE WEST 638.42 FT. FROM THE EAST CORNER OF SECTION 35, T 25 S, R 21 E, SLM, AND PROCEEDING THENCE S 00'00'16"W 184.30 FT., THENCE S 89'53112"W 23.49 FT. TO THE NW CORNER OF TRACT B OF THE PRESERVE, PHASE I, THENCE S 00'31'11"W 88.97 FT. TO A CORNER, THENCE S 89'54'39"W 292,06 FT. TO A CORNER, THENCE N 00'00'164E 604.66 FT., THENCE EAST 163.99 FT., THENCE SOUTH 9.00 FT. TO THE SW CORNER OF LOT 59 OF PALISADES SUBDIVISION, THENCE EAST 133,49 FT. TO A CORNER, THENCE S 00'32100"W 135.46 FT. TO THE NW CORNER OF LOT 49 OF THE PRESERVE, PHASE I, THENCE S 00'31'00"W 188.19 FT. TO THE SW CORNER OF LOT 48A OF THE PRESERVE, PHASE I, THENCE N 85'25'32"E 21.86 FT. TO THE POINT OF BEGINNING AND CONTAINING 4.16 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE EAST LINE OF THE SE4 OF SECTION 35 (BEARING FROM VALLEY CONTROL DATUM=S 00'31'11"W). 2. Phase 2 Required Improvements. SUBDIVIDER will make all improvements to the property shown on the Construction Plans that fall within the boundary of the Phase 2 plat as well as those improvements that fall outside of the Phase 2 boundary but are identified on the Construction Plans as Phase 2 improvements. Required Improvements shall include but not be limited to the following: (a) Site clearing and removal of obstructions (b) General site grading (c) Site utilities including but not limited to culinary water and sanitary sewer, gas and power (d) Streets, curb & gutter, and sidewalks (e) Street signage and lighting (f) Storm water drainage facilities 3. Improvements to be Completed in Conformance with Construction Plans. Improvements shall be completed in conformance with the approved Construction Plans. All changes to the Construction Plans must be authorized in writing by the City Engineer. In addition, all improvements shall be completed in conformance with the City of Moab Public Improvement Specifications and all state and federal Page 38 of 74 The Preserve Subdivision Phase 2 SIA Page 3 of 9 regulations as applicable. Where discrepancies occur between the Construction Plans and the listed reference standards, the reference standard shall prevail. 4. Timeline for Completion. Construction of all Required Improvements for Property shall be completed within two years from the date of this agreement. A reasonable extension of time for the completion of improvements may be granted, at the discretion of the City Council, upon a showing by the SUBDIVIDER that there is good cause for an extension and that the work has been diligently prosecuted from the date of this Agreement. 5. Acceptance of Improvements, Warranty. All work shall be subject to quality assurance testing and inspection as specified in the Construction Plans and/or applicable reference standards. SUBDIVIDER or SUBDIVIDER's authorized representative shall provide 48 hours minimum notification to CITY as applicable when inspection is required. The costs associated with such testing and inspection shall be the responsibility of SUBDIVIDER. (a) Upon satisfactory completion of improvements as evidenced by inspection & testing as applicable, all water and sewer mains and all street and public pathway improvements shall be dedicated to CITY. (b) SUBDIVIDER warrants that all public improvements dedicated to CITY shall be constructed in a workmanlike manner and in accordance with approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by CITY. (i) SUBDIVIDER shall promptly repair or replace any defective work following receipt of written notice under this warranty from the CITY. (ii) SUBDIVIDER additionally warrants that all public improvements shall be delivered free and clear of any lien or encumbrance. 6. Performance Guaranty. Pursuant to City Code 16.20.060, OWNER has elected to post a performance guaranty with CITY in lieu of completing all Required Improvements prior to recordation of the Plat. The performance guaranty shall be in the form of collateral pledge of real property. Contemporaneous with the execution of this agreement, OWNER shall execute a Deed of Trust naming the City as beneficiary in the amount of 150% of the estimated cost of the Required Improvements as determined by the Subdivision Improvements Cost Worksheet attached hereto as Exhibit A. The fair market value of the real property pledged as collateral shall be of an amount not less than one hundred fifty percent (150%) of the estimated cost of all Required Improvements as determined by the Subdivision Improvements Cost Worksheet attached hereto as Exhibit A. The Deed of Trust shall be a first position lien against the subject property, and Owner shall pay all costs of Page 39 of 74 The Preserve Subdivision Phase 2 SIA Page 4 of 9 providing a satisfactory lender's title insurance policy in favor of the City in the amount of the Deed of Trust and assuring same. The Deed of Trust is attached as Exhibit B hereto and shall be executed prior to recordation of the Subdivision Phase 2 Final Plat. 7. Partial Releases of Performance Guaranty. No partial releases of the performance guaranty shall be permitted for partial completion of the work. 8. Final Release of Performance Guaranty. Upon completion of all Required Improvements in accordance with the approved Construction Plans, OWNER may request that the performance guaranty be released. (a) In order for OWNER to receive final release, the following shall be presented to CITY: (i) A completed Final Release Form supplied by CITY and signed by OWNER. Said form shall include OWNER'S certification of warranty for the completed improvements. (ii) Copies lien waivers/releases from all contractors who performed work on the project and all suppliers who supplied materials that were incorporated into the work. (iii) Written certification by OWNER that all outstanding charges for the Improvements have been paid and that there are no liens, encumbrances, or other restrictions on the Improvements. (b) Upon acceptance of a complete request for final release, the City Public Works Director shall verify that all Required Improvements are complete and in accordance with the approved Construction Plans and Final Plat. (c) Upon written certification from the City Manager that OWNER has completed all of the required public and other Subdivision improvements in accordance with this Agreement, and that there are not liens, encumbrances or other restrictions on the Improvements, and that such Improvements have been inspected and approved by the City Public Works Director and the City Engineer, the City Council shall execute a resolution verifying the acceptance of the Improvements and authorizing the release to the OWNER of the Deed of Trust on the Pledged Property. 9. CITY's Use of Performance Guaranty upon Default. Upon written certification by the City Manager that the OWNER has failed to perform its obligations under this Agreement, within the time period set forth in this Agreement, and if CITY intends to proceed with the task of installing any or all of the Required Improvements covered by this Agreement, the City may elect to declare and record a Notice of Default pursuant to the Deed of Trust, and as authorized by U.C.A. 57-1-24. The property subject to the Deed of Trust shall then be sold at a public sale in the manner provided by law. The amount of indebtedness subject to satisfaction under the Deed of Trust shall be the balance, at the time of sale, of all Page 40 of 74 The Preserve Subdivision Phase 2 SIA Page 5 of 9 costs of construction/completion of all Improvements required under this Agreement, together with sums owing under this Agreement and the terms of the Deed of Trust, up to the indebtedness limit specified in the Deed of Trust. Nothing herein shall be construed to abrogate any right on the part of the City to pursue a deficiency judgment, as provided by law. 10. Zoning Compliance. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of all Required Improvements as stipulated herein. In no case shall a Certificate of Occupancy be issued, nor shall any structure be occupied, prior to the completion of all Required Improvements and the satisfaction of zoning requirements for a given lot. The occupying of any structure without a Certificate of Occupancy shall constitute Default as provided for herein. 11. Default, Remedies, Lapse of Plat. All provisions of this Agreement are material and any violation is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement CITY shall deliver written notice to the OWNER describing the act, event, or omission constituting same, and allowing OWNER a period of not less than thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. (a) Upon declaration of Default, CITY may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation, foreclosing upon the Deed of Trust; withholding building permits or certificates of occupancy/zoning compliance; an action to enjoin or abate zoning violations; recording of a lapse of plat, in whole or in part; and any other remedies available at law or equity, including specific performance or injunctive relief. (b) The recording of a lapse of plat by CITY shall result in the reversion of the approval of the Subdivision. A lapse of plat shall terminate all previous approvals and result in the elimination of platted lots for the affected property. 12. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of SUBDIVIDER in the SUBDIVIDERship or development of all or any portion of the Property. Prior to assigning any or all of his rights and duties under this Agreement SUBDIVIDER 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 Page 41 of 74 The Preserve Subdivision Phase 2 SIA Page 6 of 9 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 Improvements Agreement, all exhibits hereto, the Final Plat/Plan for the subdivision, and all related design drawings, 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. (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. (0 (g) This Agreement shall be governed by Utah law. This Agreement does not create any third parry beneficiary rights. It is specifically understood by the parties that; (i) the Project is a private development; (ii) the CITY of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless the CITY accepts the improvements pursuant to this Agreement; (iii) and except as otherwise provided herein, SUBDIVIDER shall have full power and exclusive control of the Property. (h) 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. (i) 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. (j) All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, and delivered to the following addresses: Page 42 of 74 The Preserve Subdivision Phase 2 SIA Page 7 of 9 To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To SUBDIVIDER: Dennis E. & Patricia Byrd 850 W Byrd Ave Moab, Utah 85432 (k) Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. Page 43 of 74 The Preserve Subdivision Phase 2 SIA Page 8 of 9 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 SUBDIVIDER as of the date(s) specified below. CITY OF MOAB: Mayor David L. Sakrison Date ATTEST: Rachel E. Stenta City Recorder SUBDIVIDER: Dennis E. & Patricia Byrd Dennis E. Byrd Jr. Patricia Byrd STATE OF UTAH )ss. COUNTY OF GRAND ) ) Date Date Date Page 44 of 74 The Preserve Subdivision Phase 2 SIA Page 9 of 9 The foregoing agreement was executed before me by , this day of my hand and official seal. My commission expires: , 20. Witness Notary Public, State of Utah Address: Page 45 of 74 SUBDIVISION IMPROVEMENTS COST WORKSHEET Project Name: Phase #: The Preserve Phase 2 Developer/Owner Dennis & Patricia Byrd EXHIBIT A REQUIRED IMPROVEMENTS Category sub -category Item # Line Item description Unit Unit Price Plan quantity item Cost Site work Earthwork 1 Cut & rill to design grades CY $4.00 1125 $4,500.00 Utilities Water 2 Install 8" water main LF $19.50 740 $14,430.00 3 Install 8" line valves EA $975.00 4 $3,900.0o 4 Install 6" line valve EA $1,175.00 2 $2,350.00 5 Install fire hydrant EA $3,200.00 1 $3,200.00 6 Install temp air pressure/vac relief EA $450.00 1 $450.00 7 Install 3/4" residential svc connections EA 5850.00 20 $17,000.00 Sewer 8 Install 8" sewer main LF $20.00 580 $11,600.00 9 Install 48" sewer manhole EA $1,soo.00 2 $3,000.00 10 Install 4" residential sewer svc line EA $300.o0 20 $6,000.00 11 Electric Service EA $988.45 20 $19,769.00 12 Gas Service EA $27,758,00 Street 13 Install 30" modified curb & gutter per City spec LF $15.00 1660 $24,900.00 14 Install 6" thick concrete sidewalk per City spec LF $15.00 1660 $24,900.00 15 Construct asphalt pavement section per City spec SF $2.97 20740 $61,597.80 Lights 16 Street lights per construction plan spec EA $500.00 1 $500.00 Signs 17 Traffic and street signs per construction plan spec EA $77.00 8 $616.00 Total Estimated Cost Less cost of materials purchased and on site Subtotal Plus Required 50% contingency Total of Financial Guaranty $226,470.80 $ 28,158.00 $198,312.80 $99,156.40 $297,469.20 Page 46 of 74 Space above reserved for Recorder's stamp EXHIBIT B WHEN RECORDED, MAIL TO: City of Moab 217 East Center Street Moab, UT 84532 TRUST DEED THIS TRUST DEED, made this day of , 2012, between Dennis E. Byrd Jr & Patricia B Byrd, whose address is 850 W Byrd Ave, Moab, Utah, TRUSTOR, Anderson Oliver Title Insurance Agency, Inc., as TRUSTEE, and the City of Moab, a Utah municipality, as BENEFICIARY. Trustor conveys and warrants to Trustee in trust, with power of sale, the following described property, situated in Grand County, State of Utah: LOTS : #40 A & B, #41, #42 A & B, and #43 in THE PRESERVE SUBDIVISION DEVELOPMENT, ACCORDING TO THE OFFICIAL SUBDIVISION PLAT THEREOF FILED IN THE LAND RECORDS OF GRAND COUNTY. Together with all buildings, fixtures and improvements thereon and all water rights, rights of way, easements, rents, issues, profits, income, tenements, privileges and appurtenances used or enjoyed with said property, or any part thereof, subject to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits; For the purpose of securing: 1) payment of the indebtedness evidence by an Improvements Agreement with the Beneficiary dated in the principal sum of $297,469.20, made by Trustor, payable to the order of Beneficiary at the times, with interest as set forth, and any extensions and/or renewals or modifications thereof; 2) the Page 47 of 74 Space ahove reserved for Recorder's stamp performance of each agreement of Trustor in this document; 3) the payment of such additional loans or advances as hereafter may be made to Trustor as provided in the Improvements Agreement; and 4) the payment of all sums expended or advanced by Beneficiary under or pursuant to the terms of this document, together with interest as provided. TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR AGREES: 1. To keep said property in good condition and repair; to not remove or demolish any building on the property; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed; to comply with all laws, land use regulations, covenants and restrictions affecting said property; to not commit or permit waste of the property; to not commit or allow any act upon said property in violation of law; and to do all other acts which from the character or use of said property may be reasonably necessary. 2. To provide and maintain property and casualty insurance covering the property in an amount not less than the total purchase price of $297,469.20 and covering all improvements now existing or later erected or placed on the property. The property insurance policy shall name the Beneficiary as an additional insured. In the event of a loss or casualty to the property, Trustor shall give immediate notice to Beneficiary, who may make proof of loss, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Beneficiary instead of to Trustor and Beneficiary jointly, and the insurance proceeds, or any part thereof, may be applied by Beneficiary, at its option, to reduction of the indebtedness secured by this document, or to the restoration or repair of the property. 3. To maintain with until the indebtedness secured hereby is paid in full, evidence of unencumbered and marketable title in the property. 2 Page 48 of 74 Space above reserved liar Recorder's stamp 4. To appear in and defend any action or proceeding purporting to affect the security of this Trust Deed, the title to the property, or the rights or powers of Beneficiary or Trustee; and should Beneficiary or Trustee elect to also appear in or defend any such action or proceeding, to pay all costs and expenses, including reasonable attorney's fees incurred by Beneficiary or Trustee. 5. To timely pay, all taxes and assessments affecting said property, all special assessments upon the property, and all other utility or other charges which may become a lien against the property. Trustor further agrees to pay, when due, all encumbrances, charges and liens with interest, affecting or encumbering the property. 6. Should Trustor fail to make any payment or to do any act as specified in this Trust Deed or the accompanying Improvements Agreement, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: 1) make payments or undertake such actions to such extent as either may deem necessary to protect the security of this Trust Deed; 2) enter upon said property for such purposes; 3) commence, appear in, and defend any action or proceeding purporting to affect the security hereof or the rights of powers of Beneficiary or Trustee; 4) pay, purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior to this Trust Deed; and 5) in exercising any such powers, incur any liability, expend whatever amounts in its absolute discretion it may deem necessary therefor, including reasonable attorney fees. 7. To pay Beneficiary immediately and without demand all sums expended by Beneficiary or Trustee as specified in this Trust Deed or as a result of any default by Trustor under this Trust Deed or the Improvements Agreement, with interest from date of expenditure at 3 Page 49 of 74 Space above reserved for Recorder's stamp the rate of twelve percent (12%) per annum until paid, all of which sums shall be secured by this Trust Deed. 8. Should said property or any part thereof be taken or damaged by reason of any public improvement or eminent domain proceeding, fire, flood, seismic event, or as a result of any other casualty or government taking, Beneficiary shall be entitled to all compensation, awards and other payments or relief therefore, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of real property and other insurance affecting said property, are hereby assigned to Beneficiary, who may, after deducting there from all its expenses, including attorney's fees, apply the same toward satisfaction of any indebtedness secured by this document. Trustor agrees to execute such further assignments of any compensation, award, damages, and rights of action and proceeds as Beneficiary or Trustee may require. 9. At any time and from time to time upon written request of Beneficiary, payment of its fees and presentation of this Trust Deed and the Improvements Agreement for endorsement (in case of full reconveyance for cancellation and retention), without affecting the liability of any person for the payment of the indebtedness secured hereby, Trustee may: a) consent to the making of any map or plat of said property; b) join in granting any easement or creating any restriction thereon; c) join in any subordination or other agreement affecting this Trust Deed or the lien or charge thereof; or d) reconvey, without warranty, all or any part of said property. Nothing in this section shall be construed to require the Beneficiary to consent to the granting of 4 Page 50 of 74 Space ahm e rescived ti,r Recorder': stump any such easement, conveyance, or similar action, consent to which shall rest in the Beneficiary's sole discretion. 10. As additional security, Trustor hereby assigns Beneficiary, for the duration of this Trust Deed, all rents and profits derived from the property. Until Trustor shall default in the payment of any indebtedness secured hereby or in the performance of any agreement hereunder, Trustor shall have the right to collect all such rents, issues, royalties, and profits earned prior to default as they become due and payable. If Trustor shall default, Trustor's right to collect any of such moneys shall cease and Beneficiary shall have the right, with or without taking possession of the property affected hereby, to collect all rents, issues, and profits. Failure or discontinuance of Beneficiary at any time or from time to time to collect any such moneys shall not in any manner affect the subsequent enforcement by Beneficiary of the right, power, and authority to collect the same. None of the rights contained in this Trust Deed shall be construed to be an affirmation by Beneficiary of any tenancy, lease or option, nor shall any action by Trustee or Beneficiary be deemed a subordination of the lien or charge of this Trust Deed to any such tenancy, lease or option. 11. Upon any default by Trustor, Beneficiary may at any time without notice, either in person or by a receiver to be appointed by a court (Trustor hereby consenting to the appointment of Beneficiary as such receiver), and without regard to the adequacy of any security for the indebtedness hereby secured, in its own name sue for or otherwise collect rents and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, toward satisfaction of any indebtedness secured by this Trust Deed. 5 Page 51 of 74 Space above reserved lilt Recorder's stamp 12. The collection by Beneficiary rents or profits, or the proceeds of fire and other insurance policies, or compensation or awards for any taking or damage of said property, shall not constitute a cure or waiver by Beneficiary of any default under this Trust Deed. 13. The failure on the part of Beneficiary to promptly enforce any right arising under this Trust Deed shall not operate as a waiver of such right, and the failure by Beneficiary to declare default following any act or omission constituting default shall not constitute a waiver of Beneficiary's rights as to any other or subsequent default. No modification of the terms of this Trust Deed shall be valid or binding unless reduced to writing and executed by both Beneficiary and Trustor. 14. Time is of the essence with respect to all obligations in this Trust Deed. Upon default by Trustor in the payment of any sums owing under this Trust Deed or in the performance of any agreement or obligation in this Trust Deed or the Improvements Agreement, all sums secured hereby shall immediately become due and payable at the option of Beneficiary. In the event of such default, Beneficiary may execute or cause Trustee to execute a written notice of default and of election to cause said property to be sold to satisfy the obligations hereof, and Trustee shall file such notice for record in each county wherein said property or some part or parcel thereof is situated. Beneficiary may also deposit with Trustee the Improvements Agreement and all documents evidencing sums advanced and secured by the Trust Deed. Prior to recording notice of default the Trustee shall deliver written notice of same to the Trustor, who shall have a period of not to exceed fifteen (15) days from delivery in which to cure or abate the default. 15. After the lapse of such time as may then be required by law following the recordation of notice of default, and notice of default and notice of sale having been given as 6 Page 52 of 74 Space aho c reserved liar Recorder's scamp required by law, Trustee, without demand on Trustor, shall sell said property on the date and at the time and place designated in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine (but subject to any statutory right of Trustor to direct the order in which such property, if consisting of several known lots or parcels, shall be sold), at public auction to the highest bidder, the purchase price payable in good funds of the United States at the time of sale. The person conducting the sale may, for any cause he deems necessary, postpone the sale from time to time until it shall be completed and, in every case, notice of postponement shall be given by public declaration by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than one day beyond the day designated in the notice of sale, notice thereof shall be given in the same manner as the original notice of sale. Immediately following conclusion of the sale, Trustee shall execute and deliver to the purchaser its Deed conveying the property, but without any covenant or warranty, express or implied. Any person, including Beneficiary, may bid at the sale. A bid by Beneficiary may be in the form of credit bid toward satisfaction of the indebtedness. The Trustee shall apply the proceeds from the sale in the following order to payment of: 1) all reasonable costs and expenses associated with the sale, including any fees of the Trustee, attorney's fees, and title costs; 2) all sums owing or secured under this Trust Deed or the Improvements Agreement; and 3) the remainder, if any, to the Trustor or any persons legally entitled thereto. a) Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth facts showing a default by Trustor, is authorized to accept as true and conclusive all facts and statements therein, and to act in conformity with this Trust Deed. 16. Alternately, upon the occurrence of any default Beneficiary shall have the option to declare acceleration and all sums owing shall be immediately due and payable and Trustee 7 Page 53 of 74 Space above reserved for Rkonlrfs stamp shall proceed with foreclose of this Trust Deed in the manner provided by law for the foreclosure of mortgages on real property. 17. Beneficiary may appoint a successor trustee at any time by recording in the Grand County land records a notice of substitution of trustee. From the time the substitution is filed for record, the new trustee shall succeed to all the powers, duties, authority and title of the trustee named herein or of any successor trustee. Notice shall be given to the Trustor in the manner provided by law. 18. This Trust Deed shall apply to, inure to the benefit of, and bind all parties, their heirs, devisees, administrators, executors, successors and assigns. All obligations of Trustor hereunder are joint and several. The term `Beneficiary" shall mean the owner and holder, including any assignee of the Improvements Agreement and Trust Deed. 19. Trustee accepts this Trust when this Trust Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of a pending sale under any other Trust Deed or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party, unless brought by Trustee. 20. This Trust Deed or any rights, title, or interest in the property conveyed in trust shall not be assigned or conveyed by Trustor without the advance written consent of the Beneficiary. In the event of any sale, assignment, conveyance, involuntary transfer, or purported grant of interest in the subject property by Trustor, in whole or in part, or by operation of law without the advance consent of the Beneficiary, this Trust Deed and all sums due hereunder as well as those due under the Improvements Agreement shall be due in full. There shall be no assumption of the terms of the Improvements Agreement or this Trust Deed by any other person, in whole or in part, without the advance written consent of the Beneficiary. 8 Page 54 of 74 Space above reserved lift Recorder: stamp 21. Default shall be defined to be any failure or omission on the part of the Trustor to perform any act or obligation or pay any sums owing as defined or required by this Trust Deed or the Improvements Agreement. 22. This Trust Deed shall be construed according to the laws of the State of Utah. Venue for any legal proceeding arising from the obligations in this Trust Deed shall be in the courts of Grand County, Utah. 23. Trustor hereby waives any claim to a homestead exemption with respect to the real property covered by this Trust Deed. 24. The remedies in this Trust Deed and the Improvements Agreement are distinct from, and cumulative to, all other rights and remedies at law or in equity. All such remedies may be exercised concurrently, individually, or in succession. The provisions of this Trust Deed are severable, and in the event any such provision shall be found to be in conflict with applicable law, it shall be stricken, and the remainder enforced to the full extent provided. 25. Beneficiary shall be entitled to inspect the property at reasonable times and with reasonable notice for the purpose of verifying Trustor's compliance with the terms of this Trust Deed. 26. The Trustor requests that a copy of any notice of default and all other notices under this Trust Deed or as required by law be mailed to the following address: Dennis E. & Patricia B Byrd, 850 W Byrd Ave, Moab, Utah 84532. 9 Page 55 of 74 Signature of Trustor: Dennis E. Byrd, Jr Patricia B Byrd Acknowledgment STATE OF UTAH ) ) ss. COUNTY OF GRAND ) On the day of , 200_ the foregoing Trust Deed was personally executed before me by . Witness my hand and official seal. My commission expires: 10 Notary Public, State of Utah Address: Page 56 of 74 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Memorandum Mayor: David L. Sakrison Council: Kyle Bailey Jeffrey A. Davis Doug McElhaney Gregg W. Stucki Kirstin Peterson To: Moab City Council From: Amy Stocks, Teen Center Director John Geiger, Recreation Director Date: 2/23/12 Re: Request for the City of Moab to act as the Fiscal Agent for the 2012 Drug Free Communities Grant The Moab City Recreation Department and the Moab Teen Center in cooperation with Four Corners Mental Health requests that the City of Moab act as the Fiscal Agent for the Drug Free Communities (DFC) Grant. The DFC grant works to achieve two goals: 1. Establish and strengthen collaboration among communities, public and private non-profit agencies, and Federal, State, local, and tribal governments to support the efforts of community coalitions working to prevent and reduce substance use among youth. 2. Reduce substance use among youth and, over time, reduce substance abuse among adults by addressing the factors in a community that increase the risk of substance abuse and promoting the factors that mini- mize the risk of substance abuse. Fiscal Agent responsibilities for the Drug Free Communities Grant include: 1) provision of office space; (2) over -site of grant -related personnel; (3) administering grant -related revenues and expenditures. Supporting materials are attached: Pg. l - Overview of the Drug Free Communities Grant Pg. 2 - Grand County High School student survey results and comments regarding the significance of the drug problem in our community. Pg. 3-12 - Report on Moab's 2011 DFC Grant Application by the Subtance Abuse and Mental Health Ser vices Administration (SAMHSA) Drug Free Communities Support Program. This report provides a detailed assessment of each section °four previous grant application. The scores and comments re- ceived show our proximity to receiving funding and encourage us to reapply with the suggested changes. Page 57 of 74 Purpose of the Drug Free Communities (DFC) Grant Program The purpose of the DFC Program is to establish and strengthen collaboration to support the efforts of community coalitions working to prevent and reduce substance use among youth. DFC is a collaborative initiative, sponsored by the Office of National Drug Control Policy (ONDCP), in partnership with the Substance and Mental Health Services Administration (SAMHSA), which works to achieve two goals: • Establish and strengthen collaboration among communities, public and private non-profit agencies, and Federal, State, local, and tribal governments to support the efforts of community coalitions working to prevent and reduce substance use among youth. For the purposes of this RFA, "youth" is defined as individuals 18 years of age and younger. • Reduce substance use among youth and, over time, reduce substance abuse among adults by addressing the factors in a community that increase the risk of substance abuse and promoting the factors that minimize the risk of substance abuse. DFC grantees are required to work toward these two goals as the primary focus of their Federally -funded effort. Award Information Funding Mechanism: Grant 'Anticipated Total Available Funding: $3,750,000 Anticipated Number of Awards: 'Anticipated Award Amount: Length of Project Period: Up to30 Up to $125,000 per year Up to 5 years Applicants may not ask for more than $125,000 in total costs (direct and indirect) in any year of the proposed project. Approximately $3,750,000 for up to 30 FY 2012 DFC grants will be awarded through this RFA. As of the release of this RFA, the FY2012 Federal Budget is still pending before Congress. DFC grants will be available to eligible applicants in amounts of up to $125,000 per year over a five-year period, known as a "funding cycle." Page 58 of 74 According to a recent Grand County High School survey, 62°/a of our student body agree or strongly agree that there are drug problems in our community. Here are some of the student comments: • "Yes there are problems with drinking and drugs at this school. People get caught with it on school campus and then they go out and do it anyways" • "I know a lot of people that drinks or do drugs. It's not good." • "I have watched my friends and myself loose track in school because of drugs or alcohol." • "A majority of my friends/acquaintances do drugs/drink" • "I shouldn't have to explain really. Like I SAID. Moab is a strange place for kids because there isn't much to do here so a lot of them are getting into drugs heavier then you know. Really hard drugs too. And with kids being friends with older people and all it is way easier for them to have access to these things." • "It may not happen on school grounds very often, but it definitely does happen among students after school hours." • "Pretty much half of the students here party like there is no tomorrow and they always drink. Drugs are also really bad because the kids here just don't care." • " A lot of people drink and do drugs because of peer pressure. I know that coming into high school is a scary thing and people will do pretty much anything to fit in and when upper classmen are drinking and partying the lower classes want to fit in with the upper classes. Another reason people may start to drink and party is because kids get bored in this small town and they resort to parties to occupy themselves." Page 59 of 74 A Life in the Community for Everyone /11..5AN1115A Substance Abuse and Mental Health Services Adminlstration 1 Choke Cherry Road • Rockville, MD 20857 www.samhsa.gov • 1-877-SAMHSA-7 (1-877-726-4727) September 30, 2011 1 SP018545-01 B Donna Metzler City Manager Moab City 217 East Center Street Moab, UT 84532 Dear Applicant: THIS LETTER IS NOT A NOTIFICATION OF FUNDING. Enclosed is a summary statement from the peer review process of the Drug -Free Communities Support Program (DFCSP) application that you submitted to the Substance Abuse and Mental Health Services Administration (SAMHSA). DFCSP is administered by the Office of National Drug Control Policy (ONDCP) in partnership with SAMHSA. The application was reviewed by ONDCP and SAMHSA's Office of Review and program staff using the eligibility review criteria contained in the announcement to which you responded, and then forwarded to a group of professionals in the field for independent peer review. Should your application qualify for funding, you will receive a "Notice of Grant Award" notification from the SAMHSA Grants Management Office. If you have questions regarding the enclosed review of your application, please direct them to Cynthia Riddick, DFCSP Public Health Analyst, at 240-276-1199 or Cynthia.Riddick@samhsa.hhs.gov- You may also direct inquiries to Carolyn Beins, Review Systems Specialist, at 240-276-1199 or Carolvn.Beinsnsamhsa_hhs.gov. Thank you for your interest in the Drug -Free Communities Support Program. Sincerely yours, (nue-- al4-41-- Diane Abbate Director Office of Grant Review Behavioral Health is Essential To Health • Prevention Works • Treatment is Effective • People Recover l Review Group: ZOA 1-SAP-A-A 1-S Meeting Dates: IRG: August 2011 Moab City Metzler, Donna City Manager Moab City 217 East Center Street Moab, UT 84532 SUMMARY STATEMENT ( Privileged Communication ) Application Number: 1 H79 SP018545-01 Requested Start Date: 09/30/2011 Anticipated Council: August 2011 SP 11-02 DFC Project Title: Changing the Culture of Youth Substance Abuse Through Community Action IRG Action: Scored (SC) Priority Score: 90 Human Subject: 95 There are no SPP/HS requirements in funding announcement PROJECT REQUESTED YEAR Yr 1 $125,000 Yr 2 $125,000 Yr 3 $125,000 Yr 4 $125,000 Yr 5 $125,000 TOTAL $625,000 Date Printed: 09/14/2011 Page 61 of 74 Metzler, Donna 1 SP018545-01 Page 1 of 9 SAMHSA Drug Free Communities Support Program (SP 11- 002) Review Resume This application was reviewed by a SAMHSA Peer Review Committee to provide an objective assessment of the merit of its response to the Review Criteria published in the funding announcement. The Priority Score is determined solely by the applicant organization's response to the review criteria. The following is a detailed composite report of the Review Committee's assessment of each Review Criterion and Sub -Criterion in each Section, based upon the applicant organization's response to each element of the Review Criterion/Sub-Criterion. Together, these form the assessment for each Section and determine the Section's score. To be considered, responses must have been found in the required Section. All but four questions in Part V-1.3, Section A of the RFA will be scored using a 5-point scale (0-5). O=Non-responsive, 1=Marginal, 2=Marginally Acceptable, 3=Acceptable, 4=Very Good and 5=Outstanding. Questions 2, 5 and 6 will be scored using a 10-point scale. 0= Non -responsive, 3-1= Marginal, 6-4= Acceptable, 8-7=Very Good; and 10-9= Outstanding. Question 10 will be scored using a 15-point scale. O=Non-responsive, 3-1=Marginal, 7-4=Acceptable, 11-8= Very Good, and 15-12= Outstanding. A response is Non -responsive if the applicant organization did not answer, skipped or otherwise ignored the question. A response is judged marginal if the applicant organization provides little to no detail and descriptions. A response is marginally acceptable if the applicant organization provides minimal details and descriptions. A response is acceptable if the applicant organization provides adequate details and descriptions. A response is very good when the applicant organization meets all requirements and provides significant details and descriptions. A response is outstanding when the applicant organization meets all requirements and it provides comprehensive and thorough details and descriptions. With regards to the Budget Narrative, each item will be scored on a ten point scale (0-10). O=Unacceptable, 3-1=Marginal, 6-4= Acceptable, 8-7=Very Good, and 10-9=Outstanding. A response is unacceptable if the budget does not support the objectives in the Action Plan, demonstrates no support of the two primary goals of the DFC grant and does not make effective use of both Federal grant funds and required matching funds. A response is judged marginal if the budget minimally supports the objectives in the Action Plan, demonstrates little support of the two primary goals of the DFC grant and does not effectively make use of both Federal and required matching funds. A budget is acceptable if it adequately supports the objectives in the Action Plan, demonstrates sufficient support of the two primary goals of the DFC grant and makes effective use of both Federal grant funds and required matching funds. A response is very good when the budget sufficiently supports the objectives of the Action Plan, demonstrates some support for the two primary goals of the DFC grant and makes effective use of both Federal grant funds and required matching funds. A response is Page 62 of 74 Metzler, Donna 1SP018545-01 Page 2 of 9 outstanding when the budget completely supports the objectives in the Action Plan; demonstrates outstanding support of the two primary goals of the DFC grant and makes effective use of both Federal grant funds and required matching funds. Note: The Priority Score is directly derived from the mean of assigned Section scores that are based upon the weights of the Sections. The sub -criterion assessments are a composite of reviewers' verbal descriptors and are not numerically based. Therefore, it is possible that the comments may differ slightly from the numeric sub -criterion assessments. Section A: Project Narrative Coalition History and Current Community Status A.1 The applicant organization addresses the coalition's history in terms of development and addressing youth substance use including, but not limited to: coalition's history of organizing around youth substance use prevention (i.e., formation of coalition, activities/efforts conducted); coalition's evolution over time, including response to changing community situations (if any); and explanation of when and how youth substance use prevention was included in or added to the coalition's focus. Qualitative Assessment Outstanding Very Good Acceptable Marginally Acceptable Marginal Non - responsive X Comments: The applicant organization provides an excellent description of the coalition's history and development in addressing youth substance use. Page 63 of 74 Metzler, Donna 1SP018545-01 Page 3 of 9 A.2 The applicant organization addresses the community's youth substance use -related problems and the coalition's prioritization of those problems including, but not limited to: prevalence of use, including current core measures data, if available (i.e., past 30-day use, age of onset, perception of risk/harm of use, and perception of parental disapproval of use for alcohol, tobacco, marijuana and/or any other drug being addressed by the coalition); social indicator data related to youth consequences (e.g., law enforcement data, juvenile justice data, school failure/disciplinary data, emergency room data); processes for problem prioritization based on data; and identified youth substance use prevention/reduction priorities (must be at least two named substances). Qualitative Assessment Outstanding Very Good Acceptable Marginal Non- responsive X Comments: The applicant organization includes a good description of data sources. In addition, it clearly explains the process for the prioritization of prescription drugs and alcohol prevention efforts. A.3 The applicant organization addresses the factors/local conditions that contribute to the community's youth substance use -related problems including, but not limited to: environmental conditions and/or policies and practices (e.g., accessibility and availability of substances, licensing laws); community norms (e.g., denial, lack of readiness, parental approval); and poor coordination and/or insufficient involvement of existing agencies, organizations, services and community leaders. Qualitative Assessment Outstanding Very Good Acceptable Marginally Acceptable Marginal Non - responsive X Comments: The applicant organization adequately describes community norms. In addition, it includes sufficient information on the lack of access to programs that reduce risk. Page 64 of 74 Metzler, Donna 1SP018545-01 Page 4 of 9 A.4 The applicant organization addresses the resources available and/or lacking in the community to address youth substance use and how will being awarded a DFC grant leverage available resources and fill in where there are gaps including, but not limited to: volunteers, community -based organizations, partnerships, programs and other prevention efforts; financial resources (e.g., local agencies, foundations, ongoing efforts in the community); and training and/or technical assistance available to bolster the coalition. Qualitative Assessment Outstanding Very Good Acceptable Marginally Acceptable Marginal Non - responsive X Comments: The applicant organization includes an excellent discussion on the need for prevention initiatives. Moreover, it fully describes how the coalition will leverage DFC funding to fill gaps, including sustainability, community capacity and parent support. A.5 The applicant organization addresses how the coalition has used the information collected to educate and mobilize the community, up to this point including, but not limited to: process for selecting relevant data to share with the community; process for translating and packaging data for the community to understand local issues related to youth substance use; and communication mechanisms (e.g., public forums, media channels, social media). Qualitative Assessment Outstanding Very Good Acceptable Marginal Non- responsive X Comments: The applicant organization provides an excellent description of how the coalition uses collected information to educate and mobilize the community. In addition, it fully discusses the process that ensures outreach is relevant and effective. Page 65 of 74 Metzler, Donna 1 SP018545-01 Page 5 of 9 Coalition Functions A.6 The applicant organization addresses how the coalition engages, recruits, and retains volunteers/partners, including the required 12 sector members including, but not limited to: recruitment and retention efforts to date and plans for future recruitment and retention, including those specific to youth involvement; current and future leadership development; access to community leaders and decision makers; and process for ensuring coalition volunteers are reflective of the community at large. Qualitative Assessment Outstanding Very Good Acceptable Marginal Non- responsive X Comments: The applicant organization includes a good description of the coalition's representation across sectors. However, it does not fully explain how it addresses retention and recruitment efforts. A.7 The applicant organization addresses how the coalition will ensure cultural competence in its youth substance use prevention efforts including, but not limited to: describing the community's diversity, including race, ethnicity, age, gender, socioeconomic status, sexual orientation, etc.; degree to which coalition membership reflects the diversity of the community; training for coalition members on cultural issues; messages and materials for various community populations and implementation methods for reaching all populations. Qualitative Assessment Outstanding Very Good Acceptable Marginally Acceptable Marginal Non - responsive X Comments: The applicant organization provides an excellent discussion on how the coalition will ensure cultural competence in its youth substance use prevention efforts. Page 66 of 74 Metzler, Donna 1SP018545-01 Page 6 of 9 A.8 The applicant organization addresses how the coalition's key staff (paid or unpaid) and volunteer leaders (and grantee/legal applicant, if applicable) share work efforts including, but not limited to: explanation of how the grantee/legal applicant (if different from the coalition), key staff, and volunteers share the work of the coalition; individuals involved in decision - making and development planning, and in what capacity; and leadership and committee structure (include Organizational Chart as Attachment 11), including selection process for elected leaders. Qualitative Assessment Outstanding Very Good Acceptable Marginally Acceptable Marginal Non - responsive X Comments: The applicant organization sufficiently describes the shared work efforts of its key staff and volunteer leaders. However, it does not fully explain the role of coalition members in fiscal and planning decisions. A.9 The applicant organization addresses what is (or will be) the coalition's role is in managing coalition funding, including DFC funding if awarded, including, but not limited to: role of grantee/legal entity (if applicable), key staff, and coalition members in budget development, monitoring grant funds, and making personnel decisions; and systems, policies, and procedures related to financial decision -making. Qualitative Assessment Outstanding Very Good Acceptable Marginally Acceptable Marginal Non - responsive X Comments: The applicant organization sufficiently describes the coalition's role in managing coalition funding. However, it does not fully discuss who is responsible for personnel and fiscal management control. Page 67 of 74 Metzler, Donna 1SP018545-01 Page 7 of 9 Coalition Plans A.10 The applicant organization details the coalition's plan for addressing youth substance use during the first 12 months of the DFC grant award. It provides the coalition's Action Plan in table format for the first year of funding (September 30, 2011 - September 29, 2012). Under DFC Goal One, the applicant organization also includes objectives, strategies, and activities that will strengthen the coalition's internal capacity (e.g., leadership, management, board structure, recruitment, resource attainment), as well as increase overall community collaboration. Under DFC Goal Two, the applicant organization includes objectives, strategies, and activities that will reduce youth substance use (e.g., policy changes, enforcement efforts, physical design changes, media advocacy). Further, the Action Plan includes objectives, strategies, and activities that target at least two substances and the two substances are specifically named in the Action Plan. Lastly, the Action Plan includes environmental strategies (Part I-3.2 of the Request for Applications). Qualitative Assessment Outstanding Very Good Acceptable Marginal Non- responsive X Comments: The applicant organization comprehensively describes the coalition's Action Plan. In addition, it clearly discusses the use of media campaigns, evidence -based programs and environmental strategies. Page 68 of 74 Metzler, Donna 1SP018545-01 Page 8 of 9 A.11 The applicant organization addresses how key staff (paid or unpaid) and volunteer leadership will ensure the implementation of the activities in the Action Plan including, but not limited to: role of grantee/legal applicant (if applicable), key staff, and members in monitoring the Action Plan; identification of known barriers and challenges and the process to address them, including modifying the Action Plan; plan for keeping the community, including coalition members and community leaders, informed of progress toward implementation, adjustments and actions related to the Action Plan; and determination of community collaboration and coalition strength measures (e.g., meeting attendance, sector involvement, member satisfaction survey results, key leader interviews). Qualitative Assessment Outstanding Very Good Acceptable Marginally Acceptable Marginal Non - responsive X Comments: The applicant organization includes an excellent discussion on how the coalition will ensure the implementation of the activities in the Action Plan. In addition, it fully describes barriers and proposed solutions to them. A.12 The applicant organization addresses how the coalition will measure its impact in achieving the objectives provided in the Action Plan in the community including, but not limited to: determination of data for substance use -related problems (see Question 2) to be collected on an ongoing basis; processes to be used to periodically collect and analyze data noted above (e.g., frequency of data collection, use of coalition members/partners in data collection and analysis); and how data will be used to adjust/update/improve the Action Plan in an ongoing basis. Qualitative Assessment Outstanding Very Good Acceptable Marginally Acceptable Marginal Non - responsive X Comments: The applicant organization sufficiently describes how the coalition will measure its impact in achieving the objectives in the Action Plan. However, it does not fully discuss how it will measure changing environmental conditions and community norms. Page 69 of 74 Metzler, Donna 1SP018545-01 Page 9 of 9 Coalition Sustainability A.13 The applicant organization addresses how the coalition will maintain resources needed to achieve its long-term goals including, but not limited to: program sustainability efforts to ensure that the activities of the coalition will be sustained over time; address coalition longevity and succession planning; ensuring human capital (volunteer and partner engagement); and securing financial resources. Qualitative Assessment Outstanding Very Good Acceptable Marginally Acceptable Marginal Non - responsive X Comments: The applicant organization includes an adequate discussion on the coalition's sustainability plan. However, it does not fully detail evidence of community member buy -in. Section B: Budget Narrative B.1. The applicant organization provides a 12-month Budget Narrative that includes budget details and justification for expenditures. The Budget Narrative must also include a description of matching resources and other support that the coalition will receive. Qualitative Assessment Outstanding Very Good Acceptable Marginal Unacceptable X Comments: The applicant organization provides a budget narrative that fully reflects the Action Plan. Page 70 of 74 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum Mayor: David L. Sakrison Council: Kyle Bailey Jeffrey A. Davis Doug McElhaney Gregg W. Stucki Kirstin Peterson To: Moab City Council From: John Geiger, Recreation Coordinator Date: 2/13/12 Re: Request for fee waiver for Canyonlands Half Marathon rental of Center St Gym, 2012 The Moab City Recreation Dept recommends that the City of Moab waive the Center St Gym rental fee for the 2012 Canyonlands Half Marathon Expo. Use will occur Tuesday, March 13 through Saturday, March 17. The rental fee for the event will total $1485. In 2007 CHM purchased a floor covering system for Center St Gym, valued at $7000. In recog- nition of this purchase, the Council waived the Gym rental fees for CHM in 2009, 2010 and 2011. Those fee waivers total $4395. If the 2012 fee of $1485 is waived, the adjusted total will be $5880. Page 71 of 74 INTEROFFICE MEMORANDUM TO: 1 IONORABLI E NI.IYOR, (my COUNCIL. FROM: LLOYD SWENSON WATER / SEWER SUPT. SUBJECT: METER BID DATE: 2/24/2012 It is my recommendation that we accept Grand Junction Pipes bid of $27,250.00 for the Water Departments Meter bid. The bid included 50 - 3/4" s 5/8" water meters (105.00), and 220 radio pit transmitters (100.00). They were the only bid received. Thank you Lloyd Swenson Page 72 of 74 rik-c&L-0 Tuesday, January 31, 2012 Lloyds meter List for 2012 Meter bid 50 — 5/8" x %" ARB Meters 220 - Pit radio transmitters Page 73 of 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Meter Bid Bid Opening February 24, 2012 2pm Name Amount Pe, '��). ao f veub -} I0uoo / (Ak,L k- Present at Bid Opening: Name: w Crial /P y 2/24/2012 City of Moab Reroa°yecfRr f Q4ffice