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HomeMy Public PortalAboutPKT-CC-2012-03-27CITY OF MOAB March 27, 2012 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 2 of 25 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org City of Moab - Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, March 27, 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 None 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 SECTION 5: NEW BUSINESS 5-1 Approval of a Moved -on Structure for Creative Solutions, d.b.a. Jeep Automotive Located at 290 South Main Street to Conduct Exhibits and Displays for Jeep Safari from April 1 to April 6, 2012 5-2 Approval of a Moved -on Structure for Josh Reeder, d.b.a. Desert Sno Located at 83 South Main Street to Conduct a Retail Snow Cone Business from April 20 to October 20, 2012 5-3 Approval of a Boundary Line Adjustment for Andrew Riley between Parcels 2 and 3 of the Power House Subdivision Located in the RA-1 Zone 5-4 Request to Send the Community Development Block Grant (CDBG) Project for Expanding the Willows Apartments to Public Hearing 5-5 Approval of Proposed Resolution #06-2012 — A Resolution Approving the Employment Agreement by and between the City of Moab and City Manager Donna Metzler Page 3 of 25 SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: EXECUTIVE SESSION 11-1 An Executive Session to Discuss the Character, Professional Competence or Physical or Mental Health of an Individual SECTION 12: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 4 of 25 From:Creative Solutions Group 248 288 0700 From:Creative Solutions Group From:Creative Solutions Group U L ZIOZ-St-£0 'Lire 0E:8L:a0 248 288 0700 248 288 0700 geoW to All) 03/16/2012 13:25 03/15/2012 15:40 03/09/2012 15:36 geoW to AID #536 P.003/006 #534 P.002/003 #524 P.002/005 0090-6SZ-SEV f00/Z0017J Page 5 of 25 zos6100611 d}unOD pue20 Z8£T6GnetT XVJ DE:ET mu ZTOZ/ST/£0 5-1 From:Creative Solutions Group 248 288 0700 03/16/2012 13:25 #536 P.002/006 creativesolutionsgroup tradeshows • events • multimedia March 16, 2012 City of Moab City Council 217 E Center St. Moab, UT 84532 • M5 .z Dear Honorable Mayor and City Council, Creative Solutions Group is applying for a moved -on structure permit located in the Walker Drug parking lot to display Jeep vehicles during the 46`h Annual Easter Jeep Safari. As in past years, our display will consist of a post and rope barrier approximately 70' wide by 108' long. We will have six to ten Jeep vehicles on site as well as an interactive trailer to demonstrate the new and upcoming Jeep technology. Also present will be water trailer that will be used to clean the display vehicles, but will not be open to the public. The technology trailer is 8' wide and 48' long and the water trailer is 8' wide and 25' long. In addition to the Jeep display, Jeep and Mopar accessories would like to host a complimentary dinner open to the public on Thursday, April 5th. Hot dogs will be handed out on a first come, first serve basis to attendees. Visitors will also be able to view product specialists accessorize a Jeep Vehicle with all new Mopar accessories. The party hours would be 6:00 pm — 8:00 pm with food being provided by the local Lion's Club, Moab Chapter. The reason for this event is to showcase the Mopar accessories offered for Jeep vehicles as well as provide the community with a fun evening during the annual Easter Jeep Safari. If you need any additional information, please do not hesitate to contact me at 248-288-9700. I look forward to hearing from you. Sincerely, J. Bryanleck Account Executive <SD N. Crook; • Clowson,lvlichig;tn 4SG11 • iei ?•••;:i.2Et 9700 • F; r. J•1 , 2y6,0 00 From:Creative Solutions Group 248 288 0700 03/16/2012 13:25 #536 P.004/006 Fram:Creative Solutions Group 248 288 0700 02/23/2012 16:52 #504 P.002/002 4 .47 creativesolutionsgroup tradeshows • events • multimedia 1-NP6t64Lt ygRAi'tirn4Y4i"*.'TyrNV•V.J10414,+%4hVbxit.OVIKSir$04 WitniefOgiW'.',4 nth`S .A.W441WAtbkR'VANCOSINTOKU1144C'AKIM^.DEWLVWC; ::e V::x':7Ceo.:{t.ri;0.tz.p4.,:pA:m February 23, 2012 I Vivian Kiocko, acting as representative for the owner of Welker Drug, do hereby grant permission to the staff and employees of Jeep and Mopar for the following: 1. Use of the parking lot and restroom facilities of Walker Drug located at 290 South Main in Moab, Utah 2. Use of the lot and restrnom facilities will be in conjunction with the 48th Annual Moab Jeep Safari from April 2"tl —April 7s' , 2012 Approved by: 4(6 �f L`.Z3-2 Vivian Klocko Date Walker Drug Page 7 of 25 5-1 #536 P.005/006 03/16/2012 248 288 0700 b b 'NATER TRUCK r- POST AND ROPE BARRIER, TYP. LIG 1 CEPT1ON UNTER I s— T" — 1 1 I �1 I 8' TABLE, 1 I 'I` TRUSS BANTER 1 GRID SPACING 15 1020' O.C. - III ROPE / 8ARRIgt. TYP. O CART STAND KI IC5 `HART STAND iv - FRONT OF BOOTH 1 COURSE ARCH COURSE ARCH 108'-0' 1 I 1 I I PLAN VIEW SCALE.3i16' I'•D' / POST AND ROPE BARRIER TYP. ,„1�� r' CHAR/ STAND t I i 1 I t 1 d1ART STAND I FEATHEk BANNER, TYP. tit RAMC ION CENTER 1 i I 1 1 1 1 1 1 1 i DQ� Eo 3412 7 FRONT ..dr., „„. SOOT H 3 k ��. t _ -5 :I i • -ism ..rn .;r..µ':1'.i �.:..,i,•we�:: •.t'�:u creativesolutlonsgroup ......e..... CHRYSLER Jeep Moab 2012- Onsites Site Layout JAF 3-8-12 AS NOTED w. SRAM .IF Man pC002-100 C002.201 1 OF 1 Page 8 of 25 5-1 #536 P.006/006 248 288 0700 r POST ANL/ ROF'E BARRIER, TYP. LIG-IT POLE - -I 1 RECEPTION CbUNTER I I CNART STAN 1 I� iSHOT5 KIOSKS 1 I 1 1 a. rABIP u I I I I II (HART STAND J�I r✓. I I TRU55 BANIIER I POST AN ROPE — 2RPJE,R, I GRID SPACING 15 10 0- O.C. i FRONT OF BOOTH MOPAR NIGHTS EVENT I I COURSE ARCH I I 1 I I PLAN VIEW SCALE: $: I6' = 1,0" 1 IMMERSION CENTER POST AND ROPE BARRIER, TYP. i I � I I 3) 8' TABLES I -__1_- I 1 i PtATHER BANNER, TYP.1--\\ I r REMOTE CAR AREA LIGHT POLE 0 I I J I 1 1 1 I FRONT Q BOOTH DOE: 3412 12 . �. s ,.rer wn•.r ,,,,,I1,54,.;i' seaCvescludonsgroup CHRYSLER Jeep Moab 2012- Onsites Site Layout JAF leo Mrt 3-8-12 Dam SHAM a __.AS NOTED 111117It'f* ACO02-100 C002.Z01 1 �OF 1 Page g of 25 5-1 Q B CITY MOVED -ON STRUCTURE PERvIIT BUSINESS NAME; k)erk 5 nib � � - — -- _ � � BUSINESS PHONE; �d ( E3 0 787 ) OWNER'S NAME Svs �, ee�er- MAILING ADDRESS; 7 S 1 'E. S-eek d. ors/ PROPOSED USE OF STRUCTURE: 5e1 k S h b `^s Cd eS OWNER'S PHONE; go ( S 36 >8 7 / TYPE OF STRUCTURE; VA-k.ty kra I'-er ADDRESS OF PROPOSED STRUCTURE'S LOCATION g Scutt Mo I N S 114.0ct. NAME OF PROPERTY OWNER (PRINT); a 4. v+ I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED.ON STRUCTURE ON W � �� PROPERTY FOR THE TERM OF THIS PERMIT, PROPERTY OWNER'S SIGNATURE: LOCATION OF RESTROOM FACILITIES; SIGNATURE OF' OWNERARFRQYINf3 CQ y1 �oh (C(K Cf Iy 'Gbi' USE OF RE�Tf 0 FACaIITI€�, COMPLIES W TH MOVEL ON STRUCTURE ORDINANCE; pfES NO ZONE; c- Zoning Administrator's Signature: BUILDING PERMIT REQUIRED: Q YES NO BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY Olt COUNCIL y� t nine Of Ora Rec�I O MOVED.% STRUCTURE TERM; FROTH f: C I 1 Z `9' a � TO d t-fi 20, a o i �. Required Inspections on back, MOVED -ON STRUCTURE FEE; $375.00 1% STATE TAX; 3,75 $378.78 PYMT REVD CITY OF MOAB LIAR 2 0 2012 rec # 7 �aoo AMC 3 ?8 . ') 5 .k Livs.) 6S (?o sir g3 Ste" Mp /� Nrt= INof ,/ {:xri City of Moab Planning and Zoning Department Correspondence PL-12-42 March 22, 2012 Memo To: Honorable Mayor and Members of the Moab Council From: Jeff Reinhart, Plannergk Subject: Review and Approval of a Boundary Line Adjustment Between Parcels 2 and 3 of the Power House Subdivision, on Property Located in the RA-1 Zoning District as Submitted by Andrew Riley Background This application is seeking to realign the lot line between Parcels 2 and 3 of the Powerhouse Subdivision. Mr. Andrew Riley is the owner of both properties. The amended plat will place the boundary line more to the south of the existing location and place more of the Mill Creek alignment onto Mr. Riley's adjacent property to the north. The line falls within the FC-1 zone and the area along the length of the boundary cannot be developed. The property is located in the RA-1 Zone and the lot sizes of 19.41 acres and 8.81 exceed the required lot size of one (1) acre. Discussion The subdivision of the lot complies with State Code Chapter 10-9a-608(2) that allows a subdivision plat to be amended without a public hearing before the Land Use Authority if: (a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (A) owned by the petitioner; or (B) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local ordinance. (3) Each request to vacate or amend a plat that contains a request to vacate or amend a Page 12 of 25 5-3 Planning Commission Power House Subdivision Boundary Line Adjustment Parcels 2 and 3 March 22, 2012 2 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. pAplanning department \2012\correspondence\p1-12-42 cc power house lane.docx Page 13 of 25 5-3 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code,10-9a-608(2)(a) eOVIApplicant: Andrew Riley `� CM (l ��` Phone: o435- 0 2267 Mailing Address: _P.O.B. 450 Moab, Utah_ email address andrewariley@hotmail.com Size of Properties: Parcel 3, 9.37 Acres- parcel 2, 17.68 Acres Location of Affected Properties: Powerhouse Lane Subdivision Addition 2, Fee - $100.00 plus $25.00 per amended lot or unit. Receipt No. 7/396 -g-il -/Ti A short narrative describing the reason for the amendment is required and is part of a complete application. Failure to submit a narrative will delay review of the application. This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: i. Join two or more of the petitioner fee owner's contiguous lots; ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; iii. Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels joins in the petition, regardless of whether the lots or parcels are located in the same subdivision; iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. Page 14 of 25 5-3 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CITY RECORDER Rachel Stenta Date OWNERS: Date Date State of ) County of ) On the day of , personally appeared before me (name of owner(s)) , who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in . �� A ti p n l err:\ n I A . If\ n 11.4( INN i 1 \ J ./I P\ i,\ 1 LA. PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Date State of VKTP( 6\ ) A County of 1 1 D ) On the 7,Z4 day of (20 0 Rpersonally appeared before me , who duly acknowredged to me that they executed the same. ,Yo ary Public 1 - My Commission Expires: 3 (' � Residing in AK3000 VTc-rl CHRISTINA SLOAN Notary Public - State of Utah Commission Number. 576622 My Conorissiai Expires Nov 3, 2012 p:\planning department\forms \misc. applications\petition to amend a subdivision platdoc page 2 ikobsoo (name of owner(s)) j Page 16 of 25 5-3 To: Moab City Council Moab Planning Commission From: Andrew Riley Mill Creek Village LLC RE: Petition to amend subdivision plat This request is pertaining to the creation of a subdivision located off Powerhouse Lane in Moab City limits named Mill Creek Village. The plat to be amended was approved in its preliminary form with certain conditions, those conditions and the changes that they created allowed for an excess of open space above the 40% required by the City PUD standards. I would like to transfer that excess from "parcel 3" back to the property from which it was taken "parcel 2" of the Powerhouse Lane Subdivision Addition 2, both of which I own. Thank you for your consideration in this matter. Andrew Riley Owner and project manager Page 17 of 25 " '1 41a tNi L" 470.32' R" 121.88' CffliftS8V449 004gE��10a79' MR= .2 t9.41 ACRES* c RE -ADJUSTMENT BOUNDARY f r a - ADJUSTMENT BOUNDARY PARCAZ .9 BAN ACRES* SI�� 8J98G S7738'00' 144.90' N15'34'00`W 39.80' ba 130 NE CORNER SECTION 7, T 28 S. R 22 E, SUA 0. NW CORNER SECTION 8, T 28 S, R 22 E. SUA s d F a I .1�� ��i ousE ^W 4 w 6 a 1_ 4 J a n 0 W 5 0 ��z ��0 a Z H a H W mA W w a x a w O a a t- z 0 0 0 N 4i N N OC Vl ra N cc n cn 8 W Z_ Page 18 of 25 5-3 A FINAL SUBDIVISION PLAT OF POWER HOUSE SUBDIVISION, PARCELS 2 84 3 AMENDED saenYOBS" NARR47717f NI PURPOSE Of 243 213MLY AND PLAT WA2 TO AOCOUP11111 A RLL00A110N. ADAJNY N% 10 TNT UK ONION TO MOM 2 • 3 Or 402171 NOUY 1211111110011, MOM MK WAS DONE TO AOWYODAN OEU6QYp1 Off T VICINITY MAP WITHIN SECTIONS 7 & 8, T 28 S, R 22 E, SLM, GRAND COUNTY, UTAH L.1p70�.32p' 16.121.06' 204'4COH'[15279' PARCEL R 111.41 A03332 v PRE-ADA13111EN7 404110MY 1 L iV 4153000'W 250' oisg0 l' T E�22 7, W • NW CCIBIDI 12C1121 0. T 26AR 22 E. am I 4 1/4 OMER SWAMIS 7 &11, T26611222 SW Page 19 of 25 F NIL 111111.11110 BTTCS1i 111,7777/5761 Ent 111811.71171RI '11 i �T��7Tti�-..1rlCL7 11111SMEi:1MM tDW11111i11=7 M� tRIMIIIMPAIN=1., :7 IMAM rTri11777/tS7 >tT�9.74588111MV IT"i7 0 R LEGEND • sir MBAR WITH PLASTIC CAP SET BY THIS SURVEYOR O FOUND REBAR SET BY UTAH RLS/1963 # FENCE CORNER POST 41, GOVERNMENT MONUMENT FOUND NOTES E 1. TRY 11/103 ARE SUBJECT TO 1NAT AMMO OEUARATNN Q IIE21RIME OOYCIMTS RECOIEW N BOON BBB AT PAOE 125-127 OF THE OIUNO COUNTY RECO EERS OMR. GRAPHIC SCALE (01 lit) 1 IND6 . 200 n. V E SURVEYOR'S CERTIFICATE I. TIMOTHY M. KEOGH . D0 HEREBY CERTIFY THAT I AM A REGISTERED UTAH LAND SURWYOR, AND THAT HOLD CERTIFICATE NO.171004 AS PRESCRIBED UNDER NE LAWS OF THE STATE OF UTAH, AND I FURTHER CERTIFY THAT UNDER AUTHORITY OF THE MINERS,I HAVE MADE A SURVEY OF THE TRACT OF LAND SHOW ON THIS PLAT AND DESCRIBED TgBELOW, AND HVE TO BE =�OIN AS SAID TRACT OMP! OF H01,1 �AND _ VISITO ON AND 2 HERE- AFTER 33 AMENDED AND THAT SAME HAS BEEN WWCT.Y SURVEYED AND STAKED ON THE GROUND AS SHOWN ON THIS PLAT. BOUNDARY DESCRIPTION A DESCRIPTION OF TRACT B OF POWER HOUSE SUBDIVISION, AMENDED, &TIN SECTIONS 7 & 8 Cr T 20 S, R 22 E, SUA, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT CORNER ON TIE EAST UNE NO OF SAID SECTION 7, SAID CORNER BEARS S OOR9'W 124.3 FT. FROM THE NW CORNER OF SECTION 8, T 26 S, R 22 E, SUM, AND PROCEEDING THENCE WITH SAID UNE S 0029.00"W 580.40 FT. TO A CORNER, THENCE S 4110'00'E 188.00 FT. TO A CORNER, THENCE S 0712'001 129.60 FT. TO A CORNER, THENCE S 70'01'00'W 588.10 FT. TO A CORNER, THENCE N 12,3'00'W 10120 FT. TO A CCRNER, THENCE S 7718'00'W 44.90 FT. TO A CORNER, THENCE S 7010'00'W 3&60 FT. TO A CORNER, THENCE N 1514.00'W 39.80 FT., THENCE N 5610'00' W 212.20 FT. TO A CORNER, THENCE N 3079.55"W 1051.48 FT. TO A CORNER, THENCE N 48Y31'011 817.20 FT. TO A CORNER, THENCE ALONG THE ARC OF A 121.86 FT. RADIUS CURVE TO THE LEFT 170.32 FT. (SAID CURVE HAS A CHORD WHICH BEARS S 8419'041 168.79 FT.) TO A CORNER, THENCE S 4711'001 831.37 FT. TO THE PONT OF BEGINNING AND CONTAINING 28.22 ACRES, MORE OR LESS. COBS ARE MONUMENTED AS SPECIFIED ON THE ATTACHED PLAT. BEARINGS ARE BASED ON THE VALLEY CONTROL BEARING BETWEEN ME WEST OF SECTION 8 AND THE NW CORNER OF SECTION 8 (BEARING.. 0029'001). DATE TIMOTHY M. KEOGH OWNERS DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT_, THE UNDERSIGNED OVER( ) OF THE ABOVE DESCRIBED TRACT OF LAND, HANNG CAUSED SAME TO SUBDIVIDED INTO LOTS AND STREETS HEREAFTER TO BE KNOW AS THE POWER HOUSE SUBDIVISION, PARCELS 2 & 3 AMENDED DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLC USE. IN WITNESS WHEREOF HAVE HEREUNTO SET DAY OF A.D., 20 ACKNOWLEDGMENT THIS STATE OF UTAH COUNTY OF S S. ON THE _DAY Cr A.D. 20—PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR THE COUNTY OF IN SAID STATE OF UTAH, THE SIGNER( ) OF THE ABOVE OWNERS DEDICATION, IN NUMBER, WHO DULY ACKNOW- LEDGED TO ME THAT SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. MY COMMISSION EXPIRES NOTARY PUBLIC RESIDING IN COUNTY PREPARED BY KEOGH L IND SURVEYING 45 EAST CENTER STREET Ma4S,, 1/TAN 114552 DATE: FEBRUARY 21, 2012 ANDREW TRACT B.DWG DRAWN BY: TMK CHECKED BY: TMK MAYORS APPROVAL PRESENTED TO THE MAYOR. MOAB CITY MIS _DAY OF , A.D. 2HL_. SUBDIVISION WAS ACCEPTED AND APPROVED. COUNTY RECORDER NO. STATE OF UTAH. CO. OF RECORDED AT THE REQUEST OF OATS __ TIME BOOK _ PAGE __. FEE 5-3 ATTEST COUNTY RECORDER CITY OF MOAB COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC HEARING FOR EXPANDING THE WILLOWS APARTMENTS Moab City will hold a public hearing to discuss the project determined to be applied for in the CDBG Small Cities Program in program year 2012. The City proposes to use CDBG funds to help Four Corners Community Behavioral Health, Inc. proposed twelve unit expansion project for the Willows Apartments that are located at 48 Shields Lane in Moab. Comments will be solicited on project scope, implementation, and its effects on residents. The hearing will begin at 7:15 P.M. and will be held Tuesday, April io, zo-iz at Moab City Hall, 217 East Center Street. Further information can be obtained by contacting David Olsen at 259-5129• In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during these hearings should notify Rachel Stenta at the City at least three days prior to the hearing that will be attended. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, March 29 and April 5, 2012. Page zo of 25 5-4 Resolution #06-2012 A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND CITY MANAGER DONNA J. METZLER Whereas, the governing body of the City of Moab is desirous to engage the services of Donna J. Metzler to serve the City of Moab under the direction of the governing body of the City, pursuant to Utah Code Annotated Sections 10-3-927, 925, 926, and 927, and Moab Municipal Code Section 93-09; and Whereas, the Employment Agreement has been presented to this meeting of the City Council. NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE EMPLOYMENT AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 27t" day of March, 2012. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #06-2012 Page 1 of 1 Page 21 of 25 5-5 EMPLOYMENT AGREEMENT By and Between the City of Moab and Donna J. Metzler Agreement between the City of Moab, State of Utah, a municipal corporation, herein referred to as Employer, and Donna J. Metzler, of 1777 S. Highland Drive, Moab, Utah, herein referred to as Employee. The parties recite and declare that: 1. Employer is in need of the services of a person possessing the skills and ability required to serve as City Manager. 2. Employee, through her education and experience, possesses the requisite skills to perform such duties. 3. Employer is therefore desirous of engaging the services of employee as City Manager to serve the City of Moab under the direction of the governing body of the City of Moab pursuant to the authority vested in employer by Utah Code Annotated Sections 10-3-924, 925, 926 and 927. For the reasons set forth above and in consideration of the mutual covenants and promises of the parties hereto, Employer and Employee agree as follows: SECTION ONE MUTUAL ASSENT TO EMPLOYMENT Employer hereby employs, engages, and hires Employee to act as City Manager with the City of Moab, and Employee hereby accepts and agrees to such employment, engagement, and hiring. SECTION TWO GOVERNING LAW This agreement and the employment of employee hereunder shall be subject, generally, to all applicable provisions of Moab City Ordinances and Utah law and to all amendments thereto. SECTION THREE DUTIES OF EMPLOYEE Employee shall perform all duties imposed on her as City Manager by the laws of the State of Utah and Ordinance 93-09 of the City of Moab and such other duties as the governing body from time to time may require of her, under the general supervision and direction of the City of Moab Employment Agreement Page zz of 25 Page 1 of 4 5-5 governing body. SECTION FOUR PLACE OF EMPLOYMENT The duties required of Employee hereunder shall be rendered at Moab, Utah, and such other place or places as employer shall in good faith require or as the interests and needs of employer shall require. SECTION FIVE TERMS OF EMPLOYMENT This agreement shall be for a term of three years, beginning the 28th day of March, 2012 and ending the 27th day of March, 2015. Employer agrees that the Employee's position shall be subject to termination for cause only. Cause for purposes of this agreement shall be limited to incompetence, insubordination, breech of the provisions or terms of this contract, or illegal conduct which is directly related to employment with City. Employee may terminate her employment at any time by giving written notice to the City at least 90 days before the effective date of such notice. If Employee is terminated by City for reasons other than cause, as outlined herein, City agrees to buy out the remaining portion of the employee's contract, or six months' salary, whichever is greater. SECTION SIX COMPENSATION Employer shall pay Employee, and Employee shall accept from employer, in full payment for Employee's services hereunder, compensation as follows: At Grade and Step E5-L, according to the City of Moab Compensation Chart. Employee shall be entitled to cost of living adjustments to the pay rate schedule, as approved by the City Council. Employer will provide benefits consistent with other full-time City employees, in accordance with the schedule for benefits provided for in City policies and ordinances. SECTION SEVEN OTHER EMPLOYMENT Employee shall not engage in outside employment. Employment Agreement Page 23 of 25 Page 2 of 4 5-5 SECTION EIGHT FACILITIES, SUPPLIES, AND ASSISTANCE Employer shall furnish employee, at Employer's expense, with office facilities within the city offices that are suitable for Employee's performance of her duties as City Manager. Employer shall also provide, at Employer's expense, such supplies, equipment, and material as may be required in the performance of such duties. SECTION NINE MODIFICATION No modification or waiver of this agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. SECTION TEN SEVERABILITY All agreements and covenants herein are severable, and in the event any of them, with the exception of those contained in Sections One, Three, and Six hereof, shall be held to be invalid by any competent court, this contract shall be interpreted as if such invalid agreements or covenants were not contained herein. SECTION ELEVEN COMPLETE AGREEMENT IN WRITTEN CONTRACT This written agreement embodies the whole agreement between the parties and there are no inducements, promises, terms, conditions, or obligations made or entered into by either Employer or Employee other than contained herein. In witness whereof, the parties have executed this agreement at Moab City, Utah the date and year written below. Employment Agreement Page 24 of 25 Page 3 of 4 5-5 By: Attest Rachel E. Stenta City Recorder Employee CITY OF MOAB David L. Sakrison Mayor Date Donna J. Metzler Date City Manager Employment Agreement Page 25 of 25 Page 4 of 4 5-5