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PKT-CC-2012-11-13
CITY OF MOAB ttlovember 13, 2012* PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 87 Page 2 of 87 Moab Co►nw►unity Meetings November 2012 November2012 5 M 5 M T W T F 5 December T W T F 5 1 2 3 4 5 6 7 8 9 30 2 3 11 12 13 14 15 16 17 9 10 18 19 20 21 22 23 24 16 17 25 26 27 28 29 30 23 24 30 31 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 0 z m N t 0 m L^ 0 z 0 z m m 0 z 0 z Monday Tuesday Wednesday Thursday Friday Oct 29 30 31 Nov 1 2 3:30pm MARC 5:30pm MMAD 5 6 7 8 9 4:00pm GCWB 6:00pm GCAB [ Election Day 3:00pm GC Council Work 7:00pm GC Council 7:00pm CV -PLUG 4:00pm GWSSA 4:00pm GCSWSSD 4:30pm GCHPC 5:00pm GCLB �Opm Moab PU. 7:00pm CVFP 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 12 13 14 15 16 ( City Closed - Veterans' Day Observed ) 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD 5:00pm GCCMD 6:30pm Moab CC 12:00pm HASUB 6:00pm GC PC 6:00pm GCSDBE 6:00pm TSSSFD 6:00pm GCRSSD 6:30pm CVTC 7:00pm TSSD 5:30pm MATCAB 6:30pm Moab PC 12:30pm GCCOA 19 20 21 22 23 3:OOpm GC Council Work 7:OOpm GC Council -.111. VAlc City Closed -Thanksgiving 26 27 28 29 30 12:OOpm MTPSC S:OOpm SEUDHD 6:30pm Moab CC 5:30pm CHCSSD Moab City Recorder's Office 1 11/9/201210:30 AM Page 3 of 87 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendarAzoiz\Community Calendar\zou calendar entities.xlsx Page 4 of 87 Moab City Recorder's Office Moab Co►nw►unity Meetings December 2012 December2012 5 M T W T F 5 5 January 2013 M T W T F 5 2 3 4 9 10 11 16 17 18 23 24 25 30 31 1 5 6 7 8 6 12 13 14 15 13 19 20 21 22 20 26 27 28 29 27 1 2 3 4 5 7 8 9 10 11 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30 31 0 a 2 v 0 v 0 e w 0 a 17 Monday Tuesday Wednesday Thursday Friday Dec 3 4 5 6 7 4:00pm GCWB 6:00pm GCAB 3:00pm GC Council Work 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 7:00pm GC Council 7:00pm CV-PLUC 3:30pm MARC 5:30pm MMAD 10 11 12 13 14 12:30pm GCCOA 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD S:OOpm GCCMD 6:30pm Mod 12:00pm HASUB 6:00pm GC PC 6:00pm TSSSFD 6:30pm CVTC 7:00pm TSSD 3:00pm SFSC 4:00pm GWSSA 4:00pm GCSWSSD S:OOpm GCLB 5:30pm MATCAB 4:30pm Moab PC 7:00pm CVFP 17 18 19 20 21 3:00pm GC Council Work 7:00pm GC Council 6:00pm GCSDBE 6:00pm GCRSSD 24 25 26 27 28 f City Closed - Christmas ) 5:30pm CHCSSD 12:00pm MTPSC 31 Jan 1, 13 2 3 4 Moab City Recorder's Office 2 11/9/201210:30 AM Page 5 of 87 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendarAzoiz\Community Calendar\zou calendar entities.xlsx Page 6 of 87 Moab City Recorder's Office 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, November 13, 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 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: PROCLAMATION 4-1 Mayor's Proclamation of Blue Sky Day SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) 5-1 Solicitation of Potential Projects for Community Development Block Grant (CDBG) Small Cities Program for Program Year 2013 SECTION 6: NEW BUSINESS 6-1 Approval of a Moved -on Structure Permit for Mark Zink, d.b.a. Moab City Car Wash, LLC to Conduct a Car Wash at 311 South Main Street on March 26, 2013 6-2 Approval of an Application to Vacate, Alter or Amend the Doherty Subdivision Plat located at 283 Hobbs Street, in the R-2 Zone 6-3 Approval of an Application to Vacate, Alter or Amend Lots 7 and 8, Block 1 of the Evans Subdivision Plat Located at 380W 400N, in the R-2 Zone 6-4 Request to Send Proposed Ordinance #2012-11— An Ordinance to Amend Title 17.00 of The Moab Municipal Code, Specifically Chapters 17.15, 17.42, 17.45, 17.48, and 17.51 and those Sections Dealing Specifically with the Area, Width, and Location Requirements for Residential Uses, as Referred to Council by the Planning Commission to Public Hearing Page 7 of 87 6-5 Approval of Proposed Resolution #17-2012 — A Resolution Extending the Time for Use of Water Impact Fees 6-6 Approval of Proposed Resolution #18-2012 — A Resolution Approving The City of Moab 2012-2013 Permanent Community Impact Fund Board (CIB) Comprehensive Projects List 6-7 Approval of a Letter of Agreement by and between the City of Moab and Four Corners Community Behavioral Health Inc for the Communities that Care Program 6-8 Approval of Millcreek Village Subdivision Phase II Improvements Agreement 6-9 Acceptance of a Trust Deed for Millcreek Village Subdivision 6-10 Approval of Parks Service Worker III Job Description 6-11 Discussion Regarding an Interlocal Agreement between the Canyonlands Special Service Health Care District and the City of Moab SECTION 7: READING OF CORRESPONDENCE SECTION 8: ADMINISTRATIVE REPORTS SECTION 9: REPORT ON CITY/COUNTY COOPERATION SECTION 10: MAYOR AND COUNCIL REPORTS SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB 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 8 of 87 V li 1, l� k.4 V li l� k.4i li l� k.4i l/ 0°-)i l/ 1 Davidl. Sakrison, Mayor November 3, 2012 Rachel Stenta, City Recorder November 3, 2012 V � l/ PROCLAMATION BCue Sky Day -WHEREAS, Residents and businesses in Moab have joined the Blue Sky RenewabCe Energy Program as a way to encourage renewable energy production; and WHEREAS, the Moab community, through its Blue Sky Renewable Energy Program purchases, is partnering with Rocky Mountain Power and encouraging more renewable energy production; and -WHEREAS, The Moab community wishes to demonstrate its commitment to energy efficiency, renewable energy expansion and cleaner air by installing non-polluting renewable energy systems; and WHEREAS, Rocky Mountain Power, through the Blue Sky program, has greatly aided our efforts through generous grants resuCting in photovoltaic systems in place at the Moab _Arts and Recreation Center, the Moab Recreation and Aquatic Center, the Moab Animal-SheCter, the Grand County library and XZMI1 Community Radio. THEREFORE, 147e express our deep appreciation to Rocky .Mountain Tower and we re -affirm our commitment to expand the BCue Sky program in southeast Utah. 4-1 CITY OF MOAB COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING Moab City will hold a public hearing to consider potential projects for which funding may be applied under the CDBG (Community Development Block Grant) Small Cities Program for Program Year 2o13. Suggestions for potential projects will be solicited both verbally and in writing, from all interested parties. The expected amount of CDBG funds for this Program Year will be discussed along with the range of projects eligible under this program and a review of previously funded projects. The hearing will begin at 7:15 P.M. on November i3, mu and will be held 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 aides and services) during the hearing should notify the City Recorder at least 3 days prior to the hearing to be attended. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, November i and 8, 2o12 . Page 10 of 87 co AGENDA S V MMA RY MOAB CITY COUNCIL MEETING November 13, 2012 AGENDA ITEM 1 Title: Solicitation of Potential Projects for Community Development Block Grant (CDBG) Small Cities Program for Program Year 2013 Fiscal Impact: Staff Presenter(s): David Olsen Department: Community Development Applicant: City of Moab Background/Summary: Filling in for Community Development Director David Olsen, Jeff Reinhart explained that the grant money must be spent on projects benefiting primarily low and moderate income persons. He further explained, the South Eastern Association of Local Governments in which Moab City is a member is expected to receive approximately $250,000 in this new program year. Moab City would potentially be competing with four other counties for that funding. All eligible activities that can be accomplished under this program are indentified in the CDBG Application Policies and Procedures Manual and interested persons can review it at any time. High priority projects include low to moderate income housing, food banks, water projects and sewer projects. No activity will displace low to moderate income individuals. Community Development Director David Olsen listed several CDBG grant projects that the City has administered: Cinema Court infrastructure, reroofing and replacing HVAC units at the Virginian Apartments, replacing the existing 10" diameter water transmission line, Center Street Ballpark bleachers, fencing and lighting , installing the East Center Street median and sidewalks, building the Moonstone Gallery mini park, improving the Virginian Apartments, tuck pointing mortar and landscaping Star Hall, building Sun Court, developing the Mill Creek Flood Control and Parkway Project, buying property for the Seekhaven Family Crisis Shelter, providing financial assistance for the Grand County Housing Authority Affordable Housing Project, installing Rotary Park playground equipment and paths, installing the 400 East tree medians and paying for surveying and City digital mapping. The City provided copies of its project priority list. Parts of the project list, housing plan and general plan are included in the regional "Consolidated Plan." The list and plans show which projects the City has identified as being needed in the community. The Page 11 of 87 Mayor asked that anyone with questions, comments or suggestion during the hearing please identify themselves by name before they speak. Options: Staff Recommendation: Recommended Motion: Attachment(s): Page 12 of 87 5-1 AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 13, 2012 AGENDA ITEM #: 6-1 Title: Approval of a Moved -on Structure Permit for Mark Zink, d.b.a. Moab City Car Wash, LLC to Conduct a Car Wash at 311 South Main Street on March 26, 2013 Fiscal Impact: None Staff Presenter(s): Rachel Stenta/Jennie Ross Department: Recorder/Treasurer Applicant: Mark Zink Background/Summary: Applicant has applied for a Moved -on Structure Permit for the same use as previous years. Applicant has completed all regulatory compliance checks. Applicant will be required to submit final inspections prior to operation of proposed structure/business. Options: Approve, Deny or Table Staff Recommendation: Approve Moved -on Structure Application as submitted. Recommended Motion: "I move to approve the Moved -on Structure Permit submitted by Mark Zink for March 26, 2013 at 311 South Main Street as submitted." Attachment(s): Moved -on Structure Permit Application Page 13 of 87 6-1 s� II 4 ! ZONE: L� Zoning Administrator's Signature: BUILDING PERMIT REQUIRED: ❑ YES ICAO MOAB CITY D—ON STRUCTURE PERMIT BUSINESS NAME: OWNER'S NAME MAILING ADDRESS: DAB [V--ni. Nix e61 t t Lie_ iliARK L vio $b 5V•14�-csN Vat --Pe R4 PROPOSED USE OF STRUCTURE: S em AlThain, TYPE OF STRUCTURE: SEE- 14rra,c4ev BUSINESS PHONE: (43S) 246 - OWNER'S PHONE: (43s) 260 , 934q Moms LA i (34s32_ ADDRESS OF PROPOSED STRUCTURE'S LOCATION 31 l 5Our►a `" ocam Sr NAME OF PROPERTY OWNER (PRINT): �[ ► 1/C ZCNW, I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: /J LOCATION OF RESTROOM FACILITIES: NiNt TUBE OF OWNER ' PROVING E OF RESTROOM FA ITIES: COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: ESq41—Rkm. lJ�+iO J MOVED -ON STRUCTURE FEE: $75.00 1 % STATE TAX: .75 $75.75 BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL SIGNATURE OF CRY RECORDER MOVED -ON STRUCTURE TERM: FROM 3-2(o-l3 TO 3-ace-tom, Required inspections on back. PYMT REVD CITY OF MOAB OCT 31 2012 re.c . # 88a a8 ,m S ,ass Page 14 of 87 Moved on Structure Permit Business Name: Moab City Car Wash Date and Time of Use: 511 1 2- k-,k,^,A le.-"vvk Proposed Use of Structure: Open sided EZ-UP tent will provide shelter for product display and prospective clients. None of the products are for sale at the function but are used to help answer product questions. No utilities are required for this structure. No food will be available, though soda pop and bottled water will be provided free of charge. Type of Structure: 10'x 20' Open -sided EZ-UP Tent Page 15 of 87 6-1 " " . " V " V V V V \ 1 . v , n r r U . . V V U S U I U D R A I N A G E V I A C O V E R E D F L U M E I N T O C U R B & G U T T E R i k G R A P H I C S C A L E F E E T ) 1 i a a t = 2 0 K D R A I N A G E V I F L U M E P a g e 1 6 o f 8 7 6 - 1 AGENDA S V MMA RY MOAB CITY COUNCIL MEETING _ November 13, 2012 —' AGENDA ITEM #: 6-2 Title: Approval of an Application to Vacate, Alter or Amend the Doherty Subdivision Plat located at 283 Hobbs Street, in the R-2 Zone Fiscal Impact: N/A Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Robert H. Doherty and Judith B. Jones Trust, Represented by LuDean Merritt PL-12-151 Background/Summary: Background: On October 11, 2011, Council approved a property line adjustment between Lots 8 and 9 in order to correct an inadvertent encroachment of a concrete walkway and patio located on Lot 8 that extended into Lot 9. The line was approved with a double jog. This application will relocate the lot line to the northeast and straighten the boundary line. The amended lots satisfy the dimensional requirements of the R-2 Zone. Summary: The subdivision of the lot complies with the sections of State Code Chapter 10-9a-608(2) that allow a subdivision plat to be amended without a public hearing before the Land Use Authority if the petition seeks to: 1. Join two or more of the petitioner fee owner's contiguous lots; 2. 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; 3. 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; 4. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or 5. 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 6. The vacation, alteration or amendment is approved by the Moab City Council; and, 7. 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. 1 Page 17 of 87 6-2 Page 2 of 2 Options: Council can: 1. Vote to approve the plat as submitted; 2. Table approval if additional information is needed Staff Recommendation: The plat amendment complies with all of the state and local requirements and staff recommends that the action be approved Recommended Motion: I move to approve the amended plat of Lots 8 and 9, Block B of the Doherty Subdivision as submitted. • Attachment(s): Application Reduced Plat Narrative Aerial Hobbs Subdivision j:\agenda\II-13-2012\p1-12-151 doherty amend.doex Page 18 of 87 6-2 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT n Utah State Code 10-9a-608(2)(a) Applicant: Rode R f 684e,ePhone: (7/0 ,w o % o?a?a2S" Mailing Address: &X _1 Size of Properties: 96 Location of Affected Properties: 9 B l oC k iS o �' D o h er i Set be . A short narrative describing the reason for the amendment is required and is part ofacomplete 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 Fee - $100.00 plus $25.00 per amended lot or unit. Receipt No. ?816-3 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. E-mail: .�d�// /,9ea p /eirt deheiye Ce/r1 Page 19 of 87 6-2 Pt i 1 10N 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 State of e4l 7` ) County of 67-v.� ) On the LFLIIday of (//, personally appeared before me/e� ,-i-/ 00/6f� (name of owner( - , who duly acknowledged to me that they executed the same. My Commission Expires: 9'_;,27—/y OWNERS: Notary Public Residing in -;477G0/ Date Page 20 of 87 6-2 PETITION TO VACATE/ ALTER OR AMEND A SUBDIVISION PLAT Judd-S-1UrUtah St`a'ttee Code 10-9a-/608(2)(a) Applicant: � JGr es ;ust Phone: 1. 80 7a2- —,CO`� 4�F w • Pt¢bse,ocr V t..a. Mailing Address: o i ¢ 4-7 ¢5g a ¢ E-mail: j 11,4e3 75 e Size of Properties: Location of Affected Properties:_ L o k .6l>ok o t 004erl y 45 , /0-10P7 A short narrative describing the reason lbr the amendment is required and is part of 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: Fee - $100.00 plus $25.00 per amended lot or unit. Receipt No. i. Join two or more of the petitioner fee owner's contiguous lots; IL 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. Page 21 of 87 6-2 Ph ! I t ION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 L o f 9 I3/0c,tc. 13 0iz s tie s/{i Sv414 01/a is& a,,.� DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison ATTEST: CITY RECORDER Rachel Stenta OWNERS' - 41(Z— Aorkz � Date Date Date State of I QQ.itI o County of Cask r On the i R day o •' Q• :w i Myo pi s'. . •••.III....••.•' Date } OC;�y r f , personally appeared before me L-� eon �on� (name of owner(s)) , who duly acknowledged to me that they executed the same. OWNERS: 777 GQ0-x- _. ubiic Residing in "&-451-tibl-cir, 7-041c4,, 7s" s-1-ct4A iGy .Jsmass�csr. Epp;rw 11/41611CrotLe- Date Page 22 of 87 6-2 To: Moab City Council Monday, Oct 29, 2012 We originally had the house for sale at 280 N. Mi Vida Dr. which included the additional building lot to the north of the house. When we wanted to lower the price of the house, we thought it would behoove us to sell off the additional lot. Unbeknownst to us, the original owner/builder Frank Hobbs had purchased the extra lot because his deck went over his building lot line. So, when we sold off the lot, the new property line ran right up against the existing deck structure. After trying to sell the house for another 6 months and losing sales because the lot line was simply too close to the deck, we contacted Leon Jones to purchase back a small portion of the lot to make it palatable and attractive to sell the house. Should you have further questions, feel free to email me at terry.doherty{wgmail.com (I am Roberty Doherty's eldest daughter and have power of attorney. I am also appointed as executor of his estate). Thank you, Terry Page 23 of 87 6-2 .aad 09 OE 91. 0 mai OE - Wu! I. 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A fists prq • ti rui ii ii 14 • �`uF *IV • 'MO 2E4 1'1�I�..nl ..ir MLN •V HM VN f VLY.! 1 1E1,1 z�a iw;Rvnmow') %Vrm iQ AtlU D 1LC CU f li Ydru 11V 10 WaIS Hll p$ :l it ivikY5Y9 AI.nun.ri f M':±itl>.r /. J gumuinr;�i»yRI& .a ra.u1nl. wu .atvipolt Lk Y wo..R IN.iu.l..<. • wr.aMrviNR .Te. IMF .4 `?t' ce n,,r .e .1.awr ,. I `,"` It .�L....:IRI 4" .} 1./ 4 q i 4t f N. \.1 `r n., n• to R 1 V., k e. *az ti — Whr< _.. , a..r`� t R -.iV rlis31 owed* - tr0 PUM- N' NotYtntaLiAs MON t4 4,0 It VI 10.01401.1nol Y 2$$ 0! i I! gwarn iM 3Tav1 +i'7�mns WV *Os* .rnnwl. rr . Jn 11 f�f.�i ldsodlHrdLYtd'n11W.d0rxis ='rit'.pNrr,Att dIUMYlr.y Zi"tYr1 voi Bi 1V of sou q !r r3EZ8 SM.9£ NOLLAS NOISLAKIEMs sE.}301-1 •N011411409VO MHO 13o.1.3A4Ma itruav NY F IF" %41J.YRNA NW A.kn11QHn 314.1. ONU,V001 N1 °Nt1SM 1O MOs1Eind 3N 1 k10$1,1310S ,LVId 9SH1 SSINS1NkIN 41404410031111.4VISI Nklll.STAVU.O013. los z awruom-b Page 26 of 87 AGENDA S V MMA RY MOAB CITY COUNCIL MEETING _ November 13, 2012 — AGENDA ITEM #: 6-3 Title: Approval of an Application to Vacate, Alter or Amend Lots 7 and 8, Block 1 of the Evans Subdivision Plat Located at 380W 400N, in the R-2 Zone Fiscal Impact: N/A Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Nancy Orr PL-12-152 Background/Summary: Background: The applicant, as the owner of record of both lots, desires to combine the properties into one large parcel so she can maintain fruit trees and a garden. The amended lot satisfies the dimensional requirements of the R-2 Zone. Summary: The subdivision of the lot complies with the sections of State Code Chapter 10-9a-608(2) that allow a subdivision plat to be amended without a public hearing before the Land Use Authority if the petition seeks to: 1. Join two or more of the petitioner fee owner's contiguous lots; 2. 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; 3. 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; 4. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or 5. 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 6. The vacation, alteration or amendment is approved by the Moab City Council; and, 7. 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. Options: Council can: 1. Vote to approve the plat as submitted; 2. Table approval if additional information is needed Page 27 of 87 6-3 Page 2 of 2 Staff Recommendation: The plat amendment complies with all of the state and local requirements and staff recommends that the action be approved Recommended Motion: 1 move to approve the amended plat of Lots 7 and 8, Block 1 of the Evans Subdivision as submitted. • Attachment(s): Application, Reduced Plat, Narrative, Aerial j:\agenda\II-13-2012\p1-12-152 orr amend.doox Page 28 of 87 6-3 RECEIVED CCT 1 6 2012 CITY OF MOAB PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT ^, Utah State Code 10-9a-608(2)(a) Applicant: ©V Y Phone: L{ 3 S' Z! n i 3- 9- 0 Mailing Address: 3°I k 1,3 00 A), (''10?— E-mail: Of X�I a.. ® Cow Size of Properties: D. 11- Location of Affected Properties: 39 `t ,,J `t4Z)0 /4 4- 3 $o t,J (-1453Af ( z_o( 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: Fee - $100.00 plus $2j.00 per amended lot or unit. /W-S Receipt No. $rLY]ci_ 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. Page 29 of 87 6-3 PE r 1 r 10N 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: State of `aeid County of jj0/1tidi On the ge day of ) }' 1 Zp 1 l- ate Date - Rog personally appeared before me NOTARY PUBLIC Connie Shelter 651251 My Commission Expires kumary 9, 2016 STATE OF UTAH nne of owner(5)) , who duly acknowledged to me that they executed the same. My Commission Expires: / ' ./1/ Co OWNERS: Notary Public Residing in Date RECEIVED OCT 1 6 2012 CITY OF MOAB Page 30 of 87 6-3 Nancy Orr 394 West 400 North Moab, Utah 84532 n (435) 210-1770 16 October 2012 To Whom It May Concem: I purchased the lot that adjoins mine on the east side after my neighbor passed away earlier this year. When one of the trees was hit by lightning, I had to remove both the tree and the double -wide trailer that were damaged, thus leaving a vacant lot. I intend to use the lot for my garden, and will put in fruit trees and possibly a small hoop house for winter growing. To save myself and the city the hassle of tracking and dealing with two separate lots, it makes sense to combine them into one larger lot - hence this application to amend my plat. \or RECEIVED OCT 1 s 2012 CITY OF MOAB Page 31 of 87 6-3 NNRTHERLY R-O-N 400 RCM SF. GRAPHIC SCALE O >e ( RN VEIL' ) L mah . EO 1t. LEGEND CM R10NUIENT WILL WPM PN. FOUND • SET S/•' WHAR VIM PLASTIC CAP NOS SURVEY EAST 120.30' A FINAL PLAT OF CP) SVBDI A RE —PLAT OF LOTS 7 & EVANS SUBDIVISION, WITHIN SEC. 36, T 28 S, R 21 E, BASIS OF BEARINGS NEST PONT OF BEOD00N0. /— COINER CF LOT 7 BLOCK I CF EYANS SIATOINSION 400 NORTH STREET RECE OCT 1 CITY DI Page 32 of 87 6-3 lead 08 0i7 OZ 0 1994 09 = you! I. uoisygpgnS suew3 1 vole jo8is1siol uoisympgnS 110 / / / AGENDA S V MMA RY MOAB CITY COUNCIL MEETING _ November 13, 2012 -' AGENDA ITEM #: 6-4 PL-12-15G Title: Call for a Public Hearing on Ordinance #2012-13 to Amend Title 17.00 of The Moab 1 Municipal Code, Specifically Chapters 17.15, 17.42, 17.45, 17.48, and 17.51 and those Sections Dealing Specifically with the Area, Width, and Location Requirements for Residenti )I Uses, as Referred to Council by the Planning Commission Fiscal Impact: N/A Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: - i Background/Summary: The Planning Commission held a public hearing on October 11, 2012, to reviewed the ordinance. Three individuals attended the meeting and opposed the ordinance. They cited loss of solar access and non-sustainability as their reasons for opposing the amendment. The number one barrier to affordable housing in the country is the lot size requirement. Several studies have indicated that the costs associated with large building lots are the leading contributor to a lack of affordable housing. Smaller lot sizes serve to: 1. Reduce initial infrastructure costs 2. Reduce costs of long term infrastructure maintenance by local jurisdictions 3. Provide a more efficient use of utilities Reduced setbacks allow a greater use of the more affordable lot size and reduce costs of utility extensions. Installation of shorter pipe runs for water and sewer mains means cost savings for materials and shorter distances for trenching reduces labor costs and equipment time. The reduction in the height of structures from forty to thirty feet will lessen impacts of reduced setbacks and supposed loss of solar gain and reductions in the size of the minimum home footprint will lead to some reduction in construction costs of main structures. Page 34 of 87 6-4 Page 2 of 2 The attached Ordinance #2012-13 makes slight changes to the names of the zones as well as the development requirements of area, width and location for properties located in the R-2, R-3, and R-4. In summary, this text amendment will: 1. Clarify the individual zones by using more descriptive names, 2. Establish new density regulations for the higher density multi -family residential zones, 3. Reduce the setbacks for the smaller lot sizes, 4. Establish a new lower height restriction than the current height maximum of forty feet, and 5. Reduce the minimum home size from 700 to 500 square feet. Options: MMC Section 17.o4.1oo, Action by city council, allows Council to adopt, by ordinance, any text amendment without holding a public hearing. In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance. (It should be remembered that the approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the city council.) Council can: 1. Schedule a time and date for a public hearing; 2. Approve Ordinance #2012-11 as submitted to Council by the Planning Commission; 3. Approve Ordinance #2o12-11 with changes; 4. Vote to not approve Ordinance #2012-11; 5. Table the ordinance if additional information or discussion is needed. Staff Recommendation: Staff recommends that the ordinance be scheduled for a public hearing. Recommended Motion: I move to send Ordinance #2012-13 to public hearing on 20 Attachment(s): Ordinance #2o12-13 Comparison chart of the code sections and Ord #2o12-13 Breakdown of Net Lot Size and Home Area p:\planning department \2012\correspondence\p1-12-150 cc r-2.r-4 change.docz Page 35 of 87 6-4 ORDINANCE #2012-13 AN ORDINANCE TO AMEND TITLE 17.00 OF THE MOAB LAND USE CODE, SPECIFICALLY CHAPTERS 17.15, 17.42, 17.45, 17.48, and 17.51 AND THOSE SECTIONS DEALING SPECIFICALLY WITH THE AREA, WIDTH, AND LOCATION REQUIREMENTS FOR RESIDENTIAL USES WHEREAS, the City of Moab ("City")adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") in an effort to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and WHEREAS, it was identified by City Staff (Staff) and the Planning Commission ("Commission") that specific area, width and location requirements for residential uses in the R-2, R-3, and R-4 zones acted as barriers to affordable housing and contributed to costly sprawl; and WHEREAS, Staff and the Planning Commission recognize that the residential districts have been established in order to secure for the persons who reside in them a comfortable, healthy, safe, and pleasant environment, sheltered from incompatible and disruptive activities and to encourage a diversity of housing options; and WHEREAS, Staff and the Planning Commission have requested from Moab City Council ("Council") amendments to code chapters 17.15, 17.42, 17.45, 17.48, and 17.51 that deal with area, width and location requirements, for the residential zones; and, WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on , 2012, to hear and decide the merits of said amendment; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff favorably recommends to Council that the suggested amendment be adopted; and, WHEREAS, Council held a duly advertised public hearing during a regularly scheduled meeting to hear public evidence and review the recommendations from Staff and the Planning Commission on , 2012; and, WHEREAS, Council desires to encourage affordable housing in our community for all residents regardless of physical or mental health, race, or socio-economic level; and WHEREAS, Council desires to encourage a compact, more sustainable type of development to reduce sprawl, inefficient use of utilities, and reduced maintenance costs to the city for infrastructure. NOW, THEREFORE, Council hereby declares and ordains that the following changes are adopted and the specified code chapters and sections are amended as noted below: Ordinance #2012-13 CHAPTER 17.15 ESTABLISHMENT OF ZONES Page 1 of 8 Page 36 of 87 6-4 Sections: 17.15.010 Scope and applicability. 17.15.020 Districts established. 17.15.030 Official zoning map. 17.15.040 Zone boundaries 17.15.050 Temporary zoning of annexed territory. 17.15.060 Residential area regulations summary. 17.15.010 Scope and applicability. The regulations of this chapter shall apply to all lands located within the corporate limits of the city. All lands, buildings, structures or appurtenances thereon located within the city that are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as provided in this chapter. 17.15.020 Districts established. In order to implement the general plan and the other purposes and provisions of this title, the city, is divided into residential, commercial, agricultural, industrial, and flood hazard zoning districts. The regulations as set out herein are uniform throughout each district. (a) Purpose for Zone Districts. (1) Residential Districts. In order to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities and to encourage a diversity of housing options, the following residential districts are established. Residential Zones Abbreviated Designation Zoning District Code Chapter R-1 Single- family Residential Zone 17.42 R-2 Two-family Residential Zone 17.45 R-3 Multi -family Residential Zone 17.48 R-4 Manufactured Housing Residential Zone 17.51 RA-1 Residential -Agricultural Zone 17.54 MH/RV-1 Mobile Home/Recreational Vehicle Parks Zone 17.35 Commercial Zones C-1 Commercial -Residential Zone 17.20 C-2 Commercial -Residential Zone 17.21 C-3 Central Commercial Zone 17.24 C-4 General Commercial Zone 17.27 C-5 Neighborhood Commercial Zone 17.30 RC Resort Commercial Zone 17.31 SAR Sensitive Area Resort Zone 17.32 Agricultural Zones A-2 Agricultural Zone 17.18 Industrial I-1 Industrial Zone 17.36 Flood Hazard FC-1 Flood Channel Zone 17.33 Ordinance #2012-13 Page 2 of 8 Page 37 of 87 6-4 17.15.020 Official zoning map. A. The location and boundaries of each of the zones are shown on the official zone map of the city, and said map is declared to be an official record and a part of this title. B. Whenever amendments or changes are made in zone boundaries, such amendments or changes shall be promptly made on the official subsequent to approval by city council. No amendment or change shall become effective until after it has been properly posted and attested to on the official zone map. C. No changes of any nature shall be made in the official zone map, except in conformity with the procedure set forth in this title. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this title and punishable as provided in this title. D. Regardless of the existence of purported copies of the official zone map which may from time to time be made or published, the official zone map, which shall be located in the office of the city recorder, shall be the final authority in determining current zoning status. 17.15.030 Zone boundaries. apply: Where uncertainty exists with respect to the boundaries of various zones, the following rules shall A. Where the intended boundaries on the zone map are approximately street or alley lines, said street or alleys shall be construed to be the zone boundaries. B. Where the indicated boundaries are approximately lot lines, said lot lines shall be construed to be the zone boundaries, unless otherwise indicated. C. Where land has not been subdivided into lots, the zone boundary shall be determined by the use of the scale of measurement shown on the map. D. Where other uncertainty exists, the appeal authority shall interpret the map. (Prior code § 27-5-3) (Ord. No. 10-06, 11-9-10) 17.15.040 Residential Area regulations summary. (a) Schedule of Residential Area Regulations. The following residential area regulations schedule summarizes the regulations of this code with regard to minimum lot size, minimum yards, maximum lot coverage, minimum floor area per dwelling unit, and maximum building height of residential uses in the various zoning districts. The standards shown in the following schedule may be modified by additional provisions contained in this section or in the individual district regulations. In the event of any conflict between the text of this section and the schedule of residential area regulations, the text shall control. Ordinance #2012-13 Page 3 of 8 Page 38 of 87 6-4 Residential Area Regulations Development Standard R-1 R-2 R-3 R-4 RA-1 Single-family Dwelling Minimum Lot Area/unit (sq ft) 10,000 5,000 5,000 5,000 43,560 Minimum Front Yard (ft) 25* 20 15 15 25* Minimum Side Yard, first side (ft) 10(1) 7 7 7 10 Minimum Side yard, second side (ft) 14 7 7 7 14 Minimum Side Yard, Corner 20 15 12 12 25 Minimum Rear Yard Inter. (ft) 15 12 12 10 25 Minimum Rear Yard Corner (ft) 25+ 15 15 12 20 Max Lot Coverage %)(4) - 60 60 60 - Max. Height (ft) 40 30 30 30 40 Min. Lot Width (ft) 90 50 50 50 125 Minimum Ground Floor Area/Structure (sq ft) 1,200 500 500 500 1,000 Duplex or Two-family Dwelling Minimum Lot Area/unit (sq ft) - 3,000 sq ft/dwelling 2,500 sq ft/dwelling 2,500 sq ft/dwelling - Minimum Front Yard (ft) - 20 15 15 - Minimum Side Yard, first side (ft) - 7 7 7 - Minimum Side yard, second side (ft) - 7 7 7 - Minimum Side Yard, Corner - 15 12 12 - Minimum Rear Yard Inter (ft) - 12 12 10 - Minimum Rear Yard Corner (ft) - 15 15 8 - Max Lot Coverage (%)(4) - 60 60 60 - Development R-1 R-2 R-3 R-4 RA-1 Ordinance #2012-13 Page 4 of 8 Page 39 of 87 6-4 Standard 1 Duplex or Two-family Dwelling (continued) Max. Height (ft) - 30 30 30 - Residential Area Regulations (continued) Min. Lot Width (ft) - 50 50 50 - Minimum Ground Floor Area/unit (sq ft) - 500 500 500 - Three, Four, Five or Six -family Dwelling Minimum Lot Area/unit (sq ft) - 2,000 sq ft/dwelling 1800 sq ft/dwelling - Minimum Front Yard (ft) - 15 15 - Minimum Side Yard, first side (ft) - 7 - Minimum Side yard, second side (ft) - 7 - Minimum Side Yard, Corner 12 12 - Minimum Rear Yard Inter (ft) 12 10 - Minimum Rear Yard Corner (ft) 15 10 - Max Lot Coverage (%)(4) 60 60 - Max. Height (ft) 30 40 - Min. Lot Width (ft) 50 50 - Minimum Ground Floor Area/unit (sq ft) 300 250 - " Or fifty-five feet from the centerline of any public street, whichever is greater. For dwellings having an attached garage or carport the setback shall not be less than twenty feet. (1) Total of the two side setbacks shall be at least twenty-four feet. (2) For the purpose of determining front, side and rear setback requirements any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. (3) The minimum distance between dwellings located on the same or adjoining lots shall be sixteen feet and that the total width of the two side yards shall be not less than one-third of the frontage of the dwelling or other main building. Furthermore, the title for Chapter 17.42, shall be amended to read R-1 Single-family Residential Zone. AND, the title for Chapter 17.45, shall be amended to read R-2 Two-family Residential Zone, AND, Section 17.45.030 Area requirement shall be amended to read: "An area of not less than five thousand square feet shall be provided and maintained for each one - family dwelling and uses thereto. For two-family dwellings the lot size shall consist of a minimum of three thousand square feet per dwelling. For child day care centers and foster family care homes the building site shall contain at least ten thousand square feet. An area of not less than five acres shall be provided and Ordinance #2012-13 Page 5 of 8 Page 40 of 87 6-4 maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. All church buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area." AND, Section 17.45.040 Width requirements shall be amended to read: "The minimum width of any building site for a one -family dwelling or other building shall be fifty linear feet, measured at a distance of twenty-five feet back from the front lot line. " AND, Section 17.45.050 Location requirements, shall be amended to read: A. Front Setback. The minimum front setback for main buildings shall be twenty feet. The minimum front setback for fences, walls and hedges which do not exceed six feet in height along those properties that front on 3rd South, 4th East, 4th North and 5th West shall be twenty feet. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided, that the minimum distance between dwellings located on the same or adjoining lots shall be ten feet On corner lots, the side yard which faces on a street shall be not less than fifteen feet or 75% of the front yard setback. C. Rear setback. The minimum rear setback for any main building shall be twelve feet. AND, Section 17.45.060 Special provisions, B. shall be amended to read: B. The ground floor area of all dwellings shall be at least five hundred square feet. AND, the title for Chapter 17.48, R-3 RESIDENTIAL ZONE shall be amended to read R-3 Multi family Residential Zone. AND, Section 17.48.030 Area requirements, shall be amended to read: An area of not less than five thousand square feet shall be provided and maintained for each one - family dwelling and duplexes or two-family dwellings All other multi -family development shall provide a minimum of two thousand square feet per unit for three-family dwellings and above. Schools, churches, boarding houses and other main buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area. An area of not less than three acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. AND Section 17.48.040 Width requirements, shall be amended to read: The minimum width of any building site for a one -family dwelling or other buildings shall be fifty linear feet measured at a distance twenty-five feet back from the front lot line. AND, Section 17.48.050 Location requirements, shall be amended to read: A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. The minimum setback for accessory buildings shall be at least twelve feet in the rear of the main building. No accessory building shall be constructed on a lot prior to the main building. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided that the minimum distance between dwellings located on the same or adjoining lots shall be more than ten feet. On corner lots, the side yard that faces on a street shall be not less than twelve feet. Ordinance #2012-13 Page 6 of 8 Page 41 of 87 6-4 C. Rear Setback. The minimum rear setback for any main building shall be twelve feet. D. The minimum side setback for accessory buildings on interior and corner lots is listed in Section 17.09.560, accessory use or structure and shall be located a distance of at least twelve feet to the rear of any dwelling. AND, the title for Chapter 17.51, R-4 RESIDENTIAL ZONE shall be amended to read R-4 Manufactured Housing Residential Zone. AND, Section 17.51.030 Area requirements, shall be amended to read: "An area of not less than five thousand square feet shall be provided and maintained for each one - family dwelling. Two thousand five hundred square feet shall be provided for each unit of a duplex or two- family dwelling and one thousand eight hundred square feet shall be provided for each unit in a tri-plex or three-family or more dwelling. For child day care centers the building site shall contain at least ten thousand square feet. An area of not less than three acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. All non-residential uses such as church buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area. The area required to meet minimum off-street parking requirements shall not be included in the calculation of the total parcel size. AND, Section 17.51.040 Width requirements, shall be amended to read: The minimum width of any building site for a dwelling shall be fifty linear feet. AND, Section 17.51.050 Location requirements, shall be amended to read: A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. The minimum setback for accessory buildings shall be at least twelve feet in the rear of the main building. No accessory buildings shall be constructed on a lot prior to the main structure. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided, that the minimum distance between dwellings located on the same or adjoining lots shall be ten feet. On corner lots, the side yard that faces on a street shall be not less than twelve feet. C. Rear Setback. The minimum rear setback for any main building shall be ten feet. On corner lots, the rear setback shall be not less than eight feet. D. The minimum side setback for accessory buildings on interior and corner lots is listed in Section 17.09.560, accessory use or structure and shall be located a distance of at least twelve feet to the rear of any dwelling. AND, Section 17.51.060 Special provisions, shall be amended to read: The following special provisions shall apply in this zone in order to protect its essential characteristics and to promote the purposes of this title: A. For the purposes of determining front, side and rear setback requirements, any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. Ordinance #2012-13 Page 7 of 8 Page 42 of 87 6-4 B. The ground floor area of all dwellings shall be at least five hundred square feet. C. The maximum permitted density of planned unit developments shall be eight dwelling units per acre, up to a maximum of ten units per acre utilizing affordable housing density bonuses. D. The minimum building site for a mobile home park and mobile home subdivision shall be not less than ten acres. In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the _ day of , 2012. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Ordinance #2012-13 Page 8 of 8 Page 43 of 87 6-4 Comparison of Current Moab Code with Ordinance #2012-13 Residential Area Regulations Development Standard R-2/ Ordinance 2012-13 R-3/ Ordinance 2012-13 R-4/ Ordinance 2012-13 Single-family Dwelling Minimum Lot Area/unit (sq ft) 7,200/5,000 7,200/5,000 7,200/5,000 Minimum Front Yard (ft) 25/20 25/ 25/15 Minimum Side Yard, first side (ft) (i) 8/7 8/7 8/7 Minimum Side yard, second side (ft) (1)/7 (1)/7 (1)/7 Minimum Side Yard, Corner 15/15 12/12 12/12 Minimum Rear Yard Inter. (ft) 15/12 15/12 15/10 Minimum Rear Yard Corner (ft) 15 15 8 Max Lot Coverage (%) 100/60 100/60 100/60 Max. Height (ft) 40/30 40/30 40/30 Min. Lot Width (ft) 75/ 75/50 60/50 Minimum Ground Floor Area/Structure (sq ft) N/A/ 700/500 700/500 Duplex or Two-family Dwelling Minimum Lot Area/unit (sq ft) 5,000/3,000 7,200+ 2,000/additiona1/2,500 7,200+2,000/additiona1/2,500 Minimum Front Yard (ft) 25/20 25/15 25/ Minimum Side Yard, first side (ft) 8/7 8/7 8/ Minimum Side yard, second side (ft) (1)/7 (1)/7 (1)/7 Minimum Side Yard, Corner 20/15 20/12 15/12 Minimum Rear Yard Inter (ft) 15/12 15/12 15/10 Minimum Rear Yard Corner (ft) 15 15 8 Max Lot Coverage (%) 100/60 100/60 100/60 Max. Height (ft) 40/30 40/30 40/25 Page 44 of 87 6-4 Comparison of Current Moab Code with Ordinance #2012-13 Residential Area Regulations (continued) Min. Lot Width (ft) 75/au 75/ 60/50 Minimum Ground Floor Area/unit (sq ft) 700/50C 700/ 700/500 Three, Four, Five or Six -family Dwe ling Minimum Lot Area/unit (sq ft) 7,200+ 2,000/additional/ 2,000 sq ft/dwelling 7,200+ 2,000/additiona1/180C sq ft/dwelling Minimum Front Yard (ft) 25/15 25/15 Minimum Side Yard, first side (ft) 8/7 8/7 Minimum Side yard, second side (ft) (1)/7 (1)/7 Minimum Side Yard, Corner 20/12 15/12 Minimum Rear Yard Inter (ft) 15/12 15/10 Minimum Rear Yard Corner (ft) 15 8 Max Lot Coverage (%) 100/60 100/60 Max. Height (ft) 40/30 40/25 Min. Lot Width (ft) 75/50 60/50 Minimum Ground Floor Area/unit (sq ft) 700/300 700/250 * Or fifty-five feet from the centerline of any public street, whichever is greater. For dwellings having an attached garage or carport the setback shall not be less than twenty feet. (1) Total of the two side setbacks shall be not less than one-third of the frontage of the dwelling or other main building. Page 45 of 87 6-4 AGENDA S V MMA RY MOAB CITY COUNCIL MEETING November 13, 2012 AGENDA ITEM #: 6-5 Title: Approval of Resolution 17-zoi2 — A Resolution Extending the Time for Use of Water Impact Fees Fiscal Impact: This resolution would allow for the delay of the expenditure of Water Impact Fee Funds. Staff Presenter(s): Donna Metzler Department: Administration Applicant: Not Applicable Background/Summary: The City of Moab has collected Water Impact Fees since 1999. Unless the City adopts a resolution extending the time in which to spend fees that are collected, impact fees must be spent within six years of collection. The city recently adopted a resolution extending the time for use of water impact fees. The State of Utah recently adopted new guidelines for the tracking and reporting of impact fee collections and expenditures. The City is following the new guidelines. The new tracking and reporting has allowed the City to have a much better understanding of our impact fee collections and expenditures. Because of the better information, it has become apparent that there was some confusion about which years' water impact fee collections have extensions and which years do not. The attached tables show the City's collections and expenditures for both water and sewer impact fees, for your reference. To clear up this confusion, it would be advisable to provide for the same extension schedule for all collected water impact fees. The schedule provided for in the resolution provides for an across the board 10-year extension for all water impact fees. This will allow the city time to identify projects and funding, as well as design and construct any projects. The City is currently in the midst of an impact fee study to determine future projects and the best use of water impact monies. Options: The City Council can vote to approve the resolution or reject it, to delay the decision pending more information, or to approve the resolution with changes. Staff Recommendation: I recommend that the City Council approve Resolution 17- 2012 as presented. i Page 46 of 87 6-5 Recommended Motion: "I move that we approve Resolution 18-2o12, as presented." Attachment(s): Resolution 18-2012, Impact Fee Collection Information Page 47 of 87 6-5 RESOLUTION #17-2012 A RESOLUTION EXTENDING THE TIME FOR USE OF WATER IMPACT FEES WHEREAS, Utah Code Annotated Section 11-36-302 provides that a local subdivision that collects impact fees must spend or encumber those impact for a permissible purpose within six years of the date of collection unless the local subdivision identifies, in writing an extraordinary and compelling reason why the fees should be held longer than six years and an absolute date by which the fees will be expended; and WHEREAS, the City of Moab has collected water impact fees since 1999; and WHEREAS, the purpose of said impact fees is to pay for costs associated with the planning, design, property acquisition, construction, and or other costs associated with increasing the City's water storage capacity; and WHEREAS, recent studies modeling the City's water system have called into question previous assumptions about the location, size and need for additional city water tanks and other facilities that would increase the City's water storage capacity; and WHEREAS, the City has set aside in the 2012-13 City Budget impact fee monies in order to pay for an update to the City's water and sewer impact fees; and WHEREAS, the update to the City's impact fees will update priorities for projects for which using water impact fees is most appropriate; and WHEREAS, further planning and design efforts will be needed to prepare a water capacity project for bidding and construction; and WHEREAS, the City needs additional time to determine the best use of impact fee funds in order to properly design, plan for and locate water storage and other facilities; and WHEREAS, the City desires to create consistency in the impact fee usage schedule to provide for the efficient allocation of impact fee funds and to reduce confusion; NOW THEREFORE, WE THE GOVERNING BODY of the City of Moab do hereby extend the timeframe for the water impact fees that were collected during the fiscal year of 1999-2000 through the fiscal year 2007-2008, to the Revised Time Frame, as follows: Resolution #17-2012 Page 1 of 2 Page 48 of 87 6-5 Fiscal Year of Original Collection Original Time Frame to spend (6 years) Previously Extended time frame to spend Revised Time Frame to spend as of 11/13/2012 (additional 10 years from original time frame) 1999-2000 2006 2012 2016 2000-2001 2007 2013 2017 2001-2002 2008 2014 2018 2002-2003 2009 2015 2019 2003-2004 2010 2020 2004-2005 2011 2021 2005-2006 2012 2016 2022 2006-2007 2013 2017 2023 2007-2008 2014 2018 2024 PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on November 13, 2012. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, Recorder Resolution #17-2012 Page 2 of 2 Page 49 of 87 6-5 City of Moab Impact Fee Schedule Revenues on Hand FY Ended June 30, 2012 Spend By Projects From Which Funds Were Collected Date Received Water Sewer Water Interest Sewer Interest Total Resolution 12-2012 (See Attached Schedule for detail) Extends Water Total Collected for FY 1999-2000 FY00 $ 75,308.40 $ 145,685.92 $ 220,994.32 2012 Total Collected for FY 2000-2001 FY01 $ 53,933.00 $ 185,316.88 $ 239,249.88 2013 Total Collected for FY 2001-2002 FY02 $ 14,818.00 $ 43,138.89 $ 57,956.89 2014 Total Collected for FY 2002-2003 FY03 $ 30,997.00 $ 38,769.44 $ 69,766.44 2015 Total Collected for FY 2003-2004 FY04 $ 22,323.00 $ 39,888.85 $ 62,211.85 2010 Total Collected for FY 2004-2005 FY05 $ 32,839.00 $ 71,930.45 $ 104,769.45 2011 Total Collected for FY 2005-2006 FY06 $ 23,864.40 $ 122,490.07 $ 146,354.47 2012 2016 Total Collected for FY 2006-2007 FY07 $ 46,553.00 $ 107,996.01 $ 6,983.24 $ 15,015.49 $ 176,547.74 2013 2017 Total Collected for FY 2007-2008 FY08 $ 26,981.00 $ 162,261.64 $ 11,535.52 $ 25,303.11 $ 226,081.27 2014 2018 Total Collected for FY 2008-2009 FY09 $ 15,488.00 $ 39,466.00 $ 5,094.50 $ 8,892.94 $ 68,941.44 2015 Total Collected for FY 2009-2010 FY10 $ 46,242.42 $ 318,549.95 $ 19,032.63 $ 383,825.00 2016 Total Collected for FY 2010-2011 FY11 $ 13,787.98 $ 49,242.16 $ 1,642.02 $ 12,605.13 $ 77,277.29 2017 Total Collected for FY 2011-2012 FY12 $ 11,684.05 $ 55,672.20 $ 21,042.49 $ 88,398.74 2018 Total Impact Fees on Hand $ 414,819.25 $ 1,380,408.46 $ 25,255.28 $ 80,849.30 $ 1,922,374.78 10/31/2012 RAImpact Fees\MC A%- EfORE ' FEE MASTER.xlsx Moab City Recorder's Office City of Moab Impact Fee Schedule Projected Expenditures of Impact Fees on Hand FY Ended June 30, 2012 WATER SEWER WWTP WWTP Water Rights Water Modeling Master Plan Bond Payment Total Spent for FY 1999-2000 $ 9,072.00 Total Spent for FY 2000-2001 $ 6,568.00 $ 456.00 Total Spent for FY 2001-2002 $ 5,050.00 $ 775.00 Total Spent for FY 2002-2003 $ 8,405.00 $ 10,762.00 Total Spent for FY 2003-2004 $ 10,000.00 $ 10,000.00 Total Spent for FY 2004-2005 $ - $ - Total Spent for FY 2005-2006 $ 2,173.00 $ 4,707.00 Total Spent for FY 2006-2007 $ 2,894.19 $ 225,589.43 Total Spent for FY 2007-2008 $ - $ 118,304.41 Total Spent for FY 2008-2009 Total Spent for FY 2009-2010 $ 18,589.00 $ 43,149.64 Total Spent for FY 2010-2011 $ 8,421.62 Total Spent for FY 2011-2012 $ - $ - $ - $ - Totals by Fiscal Year $ 44,162.19 $ 18,589.00 $ 78,271.26 $ 343,893.84 $ 484,916.29 Impact Fees Projected for Expenditure Impact Fees by FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Project WATER Water Rights $ 25,000.00 $ 25,000.00 Water Modeling $ - Impact Fee Analysis Update $ 15,000.00 $ 15,000.00 North End Water Tank Design $ 75,000.00 $ 75,000.00 North End Water Tank Construction $ 248,997.00 $ 248,997.00 SEWER $ - Impact Fee Analysis Update $ 15,000.00 $ 15,000.00 Preliminary Design WWTP Upgrade $ 350,000.00 $ 350,000.00 WWTP Final Design and Construction $ 708,461.49 $ 708,461.49 Master Plan $ - Totals by Fiscal Year $ 380,000.00 $ 100,000.00 $ 957,458.49 $ - $ - $ - $ 1,437,458.49 Impact Fees Projected for Expenditure 10/31 /2012 RAImpact Fees\MC A%- €fiN'RE' FEE MASTER.xlsx Moab City Recorder's Office AGENDA S V MMA RY MOAB CITY COUNCIL MEETING November 13, 2012 AGENDA ITEM #: 6-6 Title: Approval of Resolution 18-zoi2 —A Resolution Approving the City of Moab 2012-13 Permanent Community Impact Board Comprehensive Projects List Fiscal Impact: No immediate impact Staff Presenter(s): Donna Metzler Department: Administration Applicant: Not Applicable Background/Summary: The City of Moab adopts an updated CIB list each year. While the City will not necessarily seek CIB funding for all projects on the list, it is important that any potential projects be included on the County -wide list. Based on each CIB-eligible entity's submittal to Grand County, Grand County will submit a County -wide list to the AOG and the CIB. Options: The City Council can vote to approve the resolution to reject it, to delay the decision pending more information, or to approve the resolution with changes. Staff Recommendation: I recommend that the City Council approve Resolution 18-2012 as presented. Recommended Motion: " I move that we approve Resolution 18-2012, as presented." Attachment(s): Resolution 18-2012 Page 52 of 87 6-6 Resolution #18-2012 A RESOLUTION APPROVING THE CITY OF MOAB 2012-2013 PERMANENT COMMUNITY IMPACT FUND BOARD (CIB) COMPREHENSIVE PROJECTS LIST WHEREAS, the City of Moab shall approve, on a yearly basis, the consolidated list of projects to be submitted and reviewed for CIB funding, and shall rate and approve funding priorities for all City projects submitted to the CIB for funding. NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to approve the Community Impact Board Fund (CIB) project list for 2012-2013 as follows: Applicant Priority Entity Project Description Estimated Total Cost Funding Sources CIB Request A Short Term Submittal: 2013 Grand County/City of Moab/Utah State University Road Infrastructure for USU Campus $2,500,000 CIB/USU/ State Small Urban Road Fund $1,250,000 A Short Term Submittal: 2013 City of Moab North Area Water and Sewer Service $1,000,000 City/CIB/ Private/ State $500,000 A Short Term Submittal: 2014 City of Moab Wastewater Treatment Plant Upgrade $7,000,000 City GWSSA DWQ USDA CIB $5,000,000 A Short Term Submittal: 2015 City of Moab Highway 191 Gateway Plan/Storm Water Drainage Improvements along Hwy $1,200,000 City State Parks Scenic Byway Federal UDOT $250 000 (grant/loan) B Medium Term Submittal: 2016 City of Moab Storm Drainage, Detention Basins, Out Fall $6,000,000 City/ Division of Water Quality/CIB $3,000,000 ( grant/loan) This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of the City of Moab in open session this 13th day of November, 2012. Attest: Rachel E. Stenta City Recorder CITY OF MOAB By: David L. Sakrison Mayor Resolution #18-2012 Page 53 of 87 Page 1 6-6 I AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 131 2012 AGENDA ITEM #: 6-7 Title: Approval of Letter of Agreement with Four Corners Behavioral Health for the Communities that Care Model Implementation Fiscal Impact: $l000 cash match and $2,761 in in -kind (office space, etc.). Revenue entails a $6,769 grant from the State of Utah and $$3,47o from other sources. L. Staff Presenter(s): Donna Metzler Department: Recreation/Teen Center Applicant: Not Applicable Background/Summary: The City of Moab has previously entered into a Letter of Agreement with Four Corners Mental Health for the Implementation of the Communities that Care Program. Programming through the Communities that Care program addresses the factors that reduce high risk behaviors among teens. This agreement is substantially the same as the previous agreement. The agreement is for the current fiscal year. Options: The City Council can vote to approve the Letter of Agreement, to reject it, or to delay the decision pending more information. The City would not receive any funds from the State for Teen Center programming if we reject the agreement. Staff Recommendation: I recommend that the City Council approve the Letter of Agreement as presented. Recommended Motion: " I move that we approve the Letter of Agreement between Four Corner Mental Health and the City of Moab for the Communities that Care Model Implementation, as presented." Attachment(s): Communities that Care Letter of Agreement Page 54 of 87 6-7 LETTER OF AGREEMENT Communities That Care; Moab City 1. PARTIES: This LETTER OF AGREEMENT is between Four Corners Community Behavioral Health, Inc., P.O. Box 867, Price, UT 84501, (435) 637-7200, Fax, (435) 637-2377, hereinafter referred to as FCCBH, Inc. and The City of Moab; 217 East Center St. Moab, Utah 84532 435-259-5121; herein after referred to as CONTRACTOR. 2. AGREEMENT PERIOD: This LETTER OF AGREEMENT is effective July 1, 2012 through June 30, 2013. This contract may be terminated in accordance with the terms and conditions of this LETTER OF AGREEMENT. Either party may terminate this LETTER OF AGREEMENT by sending written notice to the other party. 3. GENERAL PURPOSE OF AGREEMENT: This LETTER OF AGREEMENT defines services to be provided by CONTRACTOR for the coordination and implementation of the Communities That Care (CTC) Model in Moab City as described in Attachment A. 4. AMOUNT: FCCBH, Inc. agrees to pay CONTRACTOR under the conditions set forth in Attachment B for the coordination and implementation of the Communities That Care (CTC) Model in Moab City. 5. TERMS AND CONDITIONS AND MUTUAL ACCEPTANCE: CONTRACTOR represents themselves to be competent and willing to provide services for FCCBH, as described in Attachment A. CONTRACTOR shall work as an independent contractor and not as a FCCBH employee. CONTRACTOR agrees that all information, records, and data observed incidentally, in the facilities or in other ways in connection with this LETTER OF AGREEMENT shall be protected from unauthorized disclosure. Access to such information shall be on a need to know basis to provide for services provided by CONTRACTOR. CONTRACTOR further agrees to sign a Confidentiality Agreement, a Conflict of Interest Disclosure form, a Code of Conduct assurance. 6. ATTACHMENTS INCLUDED AS PART OF THIS LETTER OF AGREEMENT: ❑ Attachment A: Scope of Work and Quality Assurance ❑ Attachment B: Terms And Fees DOCUMENTS INCORPORATED INTO THIS LETTER OF AGREEMENT BUT NOT ATTACHED: a) All other governmental laws, regulations, or actions applicable to services. Page 55 of 87 6-7 ATTACHMENT A SCOPE OF WORK AND QUALITY ASSURANCE 1. The Communities That Care (CTC) model is a nationally recognized program aimed at reducing prioritized risk factors and enhancing prioritized protective factors for young people in the Moab Community. 2. The CONTRACTOR operates the Moab Teen Center (Club Red) which offers services to teens in the Moab Community. 3. The CONTRACTOR will ensure that the Moab Teen Center (Club Red) will have available staff and other resources to implement the CTC model in the city of Moab. 4. The Utah Division of Substance Abuse and Mental Health has agreed, through a written contract, to provide matching funds, payable to FCCBH, for all funds contributed towards the implementation of the Communities that Care (CTC) model. 5. Administration of this Letter of Agreement- FCCBH and CONTRACTOR agree that the Moab City manager and the FCCBH Prevention Coordinator will administer this agreement. 6. CONTRACTOR agrees to support the Communities That Care (CTC) Model in Moab City, in the form of 4 hours per week of allocated staff time. Page 56 of 87 6-7 ATTACHMENT C BUDGET CATEGORY Total Cost Amount from State Amount From City Amount From County Salary and Benefits $3,320.00 $3,320.00 0 Equipment, program supplies and other costs $7,231.00 $7,231.00 0 Travel and Training Expenses $3,449.00 $3,449.00 0 SUBTOTAL Moab City $14,000.00 $6,769.00 $7,231.00 0 Page 57 of 87 6-7 ATTACHMENT B TERMS AND FEES 1. CONTRACTOR shall be paid within 30 days after invoice as provided for in section C of this agreement. 2. Services outlined in this Letter of Agreement are contingent upon continued funding from the Utah Division of Substance Abuse. 3. Control of Property- Each party to this agreement shall exercise control over its respective property that is provided in fulfilling its obligations under this Letter of Agreement. The parties agree that FCCBH shall have no responsibility or liability associated with the operation of the Moab Teen Center (Club Red) or the activities of the Moab Teen Center Program Director. 4. Funding will be used to increase the Moab Teen Center Director position's time in coordination and implementation activities. Funding may be used to pay for employee time and benefits as well as trainings and supplies associated with Communities That Care (CTC) coordination and implementation activities. 5. Funding outlined in this Letter of Agreement does not include funding for facility rent or utilities. CONTRACTOR will cover all costs associated with rent and utilities incurred by the Moab City Teen Center (Club Red). 6. Questions about payment or amounts due shall be directed to Jeanie Wilson in the business office at 435-637-7200 extension #4. 7. Rick Donham FCCBH's Clinical Director and Prevention Coordinator will be the contact person for this contract. 1-435-637-7200extension #1307. Page 58 of 87 6-7 FCCBH FOUR CORNERS COMMUNITY BEHAVIORAL H EALTH SIGNATURES: ]an Bodily, LCSW Date Executive Director Four Corners Community Behavioral Health, Inc. David L. Sakrison, Mayor of the City of Moab Date Moab City Recorder Date Page 59 of 87 6-7 f / / AGENDA SUMMARY MOAB CITY COUNCIL MEETING _ November 13, 2012 AGENDA ITEM #: 6-8, 6-9 & 6-10 / PL-12-157 Title: Approval of the Improvements Agreement, Trust Deed for the Performance Guaranty, and the Final Plat for Phase Two of the Mill Creek Village Planned Unit Development (P.U.D.), on Property Located in the RA-1 Zoning District as Submitted by Andrew Riley Fiscal Impact: N/A Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Andrew Riley Background/Summary: Mr. Andrew Riley owns a tract of land 8.82 acres in size, and has applied to develop Mill Creek Village, a 20-Lot Planned Unit Development (PUD). The property is located at 1337 Powerhouse Lane in the RA-1 Zoning district. The Planning Commission approved the preliminary plat of Phase One in July 2011 with a subsequent review and approval by Council on August 9, 2ois. The Final Plat for Phase One was reviewed and conditionally recommended to Council by the Planning Commission on July 28, 2oii, with two conditions: (a) The applicant shall work with the city to establish a trail easement; (2) The city attorney will clarify the issue of the Powerhouse Lane right-of-way. In response, the applicant has worked with staff in establishing a trail easement and other required easements as indicated on the plat. The issue of the right-of-way for Powerhouse Lane has been reviewed as requested by the Commission and it has been determined that there is sufficient right-of-way to provide for the contemplated improvements. On October ii, 2012, the Planning Commission reviewed the Final Plat of Phase Two. With the adoption of Planning Resolution 14-2o12, the commission recommended to Council that the Phase One Plat be conditionally approved. There was a single condition of: "1. Prior to being submitted to Council for review and approval, the applicant shall submit the necessary documents required by MMC Chapter 3.7.66.o9o, Preliminary plan, and MMC Chapter 17.66.1oo, Preliminary documents, to staff for review and recommendation." The necessary documents include4 the Improvements Agreement and the Deed of Trust. The Deed of Trust addresses the performance guaranty for the improvements in Phase Two. Both documents have been submitted and reviewed by staff and appear to be in order. Recording of the final plat is contingent upon approval of these supporting documents. 1 Page 60 of 87 November 7, 2012 Mill Creek Village Phase II Final Plat Page 2 of 2 Options: i) Council, as the Land Use Authority, can approve the Trust Deed, Improvements Agreement and final plat for the PUD as submitted; 2) Council can approve the documents and plat and state any necessary conditions; 3) Council can vote to not approve the PUD and state their reasons; 4) Council can table the application until a later date and request additional information. Staff Recommendation: City Staff agrees with the Planning Commission and recommends approval of the plat subject to the condition that the Subdivision Improvements Agreement, appropriate Trust Deed shall be executed with the Final Plat for Phase Two. Recommended Motion: I move to approve the Improvements Agreement, the Deed of Trust, and the Final Plat of Mill Creek Village PUD Phase Two, as recommended by the Planning Commission and staff. Attachment(s): Improvements Agreement Trust Deed for the Performance Guaranty Phase Two Final Plat p:\planning department\20I2\correspondence \p1-12-157 cc mcv phase2.docx Page 61 of 87 IMPROVEMENTS AGREEMENT Mill Creek Village PUD, Phase II The CITY OF MOAB, a Utah municipality (the "City"), and MILL CREEK VILLAGE, LLC, ("Owner") have entered into the following Agreement ("Phase II Improvements Agreement") pursuant to the Moab Municipal Code § 17.66.010 et seq., to secure performance and the installation of improvements as required as a condition for approval of the Mill Creek Village Planned Unit Development, Phase II ("PUD"). For valuable consideration, the sufficiency of which both parties acknowledge, the parties agree as follows: 1. Covered Property. The real property subject to this Agreement ("Property") is located within Parcel 3 of Power House Subdivision, Addition #2, Sections 7 & 8 of T 26 S, R 22 E, SLM, Moab City, Grand County, Utah. 2. Required Improvements. Owner will develop the Property in conformity with the final PUD Plan for the Mill Creek Village PUD, Phase I recorded in the real property records of Grand County, Utah on July 16, 2012 as Entry No. 501147 in Book 785, Page 113 , and in accordance with the Improvements Agreement for the Millcreek Village PUD, Phase I ("Phase I Improvements Agreement"). In addition, Owner shall develop the Property in accordance with the final PUD Plan for the Millcreek Village PUD Phase II, attached as Exhibit A hereto. Additionally, Owner hereby agrees to comply with all conditions placed upon the approval for Phase II of the Millcreek Village final PUD plan, as specified before the Moab City Council (the "Council") and agrees to construct and install improvements, including utilities, drainage improvements, and landscaping as further specified in the approved engineering plan drawings, the Improvements Cost Estimate Worksheet shown in Exhibit B hereto, and other attachments deposited with the City. The following improvements include but are not limited to: 1. Streets, curbs, gutters and sidewalks 2. Street striping and signage 3. Water and sewer lines 4. Power service 5. Storm drainage conveyance facilities 6. Re -vegetation and restoration of disturbed areas 7. Construction dust control 8. Traffic calming speed hump 9. Street Lighting 10. Landscaping 11. Irrigation systems. 3. Acceptance of Improvements, Warranty. All improvements shall be constructed in a workmanlike manner and in conformity with approved plans and City Page 1 of 5 Page 62 of 87 6-8 specifications. All City improvements are subject to inspection by the Public Works Director and City Engineer prior to completion. All improvements to be dedicated to the City (the "Public Improvements") shall be inspected and tested prior to acceptance. Upon acceptance, title to Public Improvements will vest in the City. Improvements constructed for other agencies, shall be inspected and tested prior to acceptance by the specific agency. 3.1 The Owner warrants that all Public Improvements dedicated to the City shall be constructed in a workmanlike manner and in accordance with approved plans and specifications, and that all such improvements shall be free from defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City (the "Warranty Period"). Owner shall promptly repair or replace any defect in materials or workmanship following receipt of written notice from the City during the Warranty Period. 3.2 All Public Improvements shall be delivered free and clear of any lien or encumbrance. Owner and City staff shall jointly approve the estimated cost of the Public Improvements prior to the commencement of construction. Public Improvements shall include the following: water mains, excluding service lines, and required trails. All other improvements shall be considered Private Improvements to be maintained by the Mill Creek Village Property Owners' Association. 3.3 All Required Improvements shall be bonded by the developer in a form accepted by the city in an amount of not less than one hundred twenty-five percent (125%) of the estimated cost of the Required Improvements to be constructed, as shown in Exhibit B. 4. Effect of Phase I Improvements Agreement. Owner acknowledges that this Phase II Improvements Agreement supplements the Phase I Improvements Agreement, more fully described above. Further, Owner understand that the Phase I Improvements Agreement shall remain in full force and effect until the entirety of the public improvements required therein are completed, which includes the public improvements to be constructed and completed during Phase II of the PUD. 5. Zoning Compliance. Building permits for construction on the Property shall only be issued upon satisfactory completion and acceptance of all improvements for each phase of construction. 6. Default: Remedies, Lapse of Plat. All provisions of this Agreement are material. Any violation this Agreement (hereinafter "Default") is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement the 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 Page 2 of 5 Page 63 of 87 6-8 (30) days in which to cure or abate the violation. Cure within this period reinstates this Agreement. 6.1 Upon declaration of Default the City may exercise any remedies, for violation available under City ordinances or Utah statutes, including, without limitation, proceeding against the payment or performance bonds; withholding building permits or certificates of occupancy/zoning compliance; 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. 6.2 Upon declaration of Default, the City may, but is not obligated to record a lapse of plat. The recording of a lapse of plat shall result in the reversion of the zoning for the lands affected to the designation in existence prior to approval of the PUD. A lapse of plat shall terminate all previous approvals and result the elimination of platted lots, if any, for the affected property. A lapse of plat may only be fled in the event of Default and after Owner is given an opportunity to cure. 7. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of Owner concerning the ownership or development of the Property. Prior to assigning any or all of his rights and duties under this Agreement Owner shall obtain from any transferee a written assumption acknowledging and agreeing to be bound by this Agreement. 7.1 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. 7.2 Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. 7.3 The term "Agreement" includes this Improvements Agreement, the final plat plan for the PUD, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties the Agreement shall supersede 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 made by both parties. 7.4 The place of performance of this Agreement is Moab City, Grand County, Utah. In the event of any legal dispute concerning the subject 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. Page 3 of 5 Page 64 of 87 6-8 7.5 In legal proceedings 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. 7.6 This Agreement shall be governed by Utah law. 7.7 This Agreement does not create any third parry beneficiary rights. It is specifically understood by the parties that (a) the PUD is a private development; (b) 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; and (c) except as otherwise provided herein, Owner shall have full power and exclusive control of the Property. 7.8 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. 7.9 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. 7.10 All notices under this Agreement must be given in writing by first class or certified mail, postage prepaid, and delivered to the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To Owner: Mill Creek Village, LLC c/o Andrew Riley 1100 Sandflats Road Box 450 Moab, Utah 84532 Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. 7.11 This Agreement shall be recorded in the Grand County land records until such time as all provisions are performed, following which the City shall record a notice of termination. Page 4 of 5 Page 65 of 87 6-8 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 its execution. CITY OF MOAB Mayor David L. Sakrison Date ATTEST: Rachel E. Stenta Date OWNER: Andrew Riley, Manager Date for Mill Creek Village, LLC ACKNOWLEDGEMENT STATE OF UTAH ) ) ss COUNTY OF GRAND ) The foregoing Improvements Agreement was acknowledged before me by Andrew Riley, Manager for Mill Creek Village, LLC, as Owner, on this day of 2012. Witness my hand and official seal. , Notary Public Page 5 of 5 Page 66 of 87 6-8 TRUST DEED THIS TRUST DEED, made this day of 2012, between Mill Creek Village, LLC, whose address is P.O. Box 450, Moab, Utah, 84532, TRUSTOR, South Eastern Utah Title Company, 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 6 AND 10, MILL CREEK VILLAGE PUD, PHASE II, ACCORDING TO THE OFFICIAL 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) partial payment of the indebtedness evidence by an Improvements Agreement, Mill Creek Village PUD, Phase II with the Beneficiary dated in the principal sum of $204,308.13 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 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. Page 67 of 87 6-9 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 $204,308.13 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. 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. 2 Page 68 of 87 6-9 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 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 therefor, and shall be entitled at its option to commence, 3 Page 69 of 87 6-9 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 therefrom 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 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 4 Page 70 of 87 6-9 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. 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. 5 Page 71 of 87 6-9 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 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. 6 Page 72 of 87 6-9 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 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. 7 Page 73 of 87 6-9 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. 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 8 Page 74 of 87 6-9 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 address first written above. TRUSTOR: Mill Creek Village, LLC Andrew Riley, Manager ACKNOWLEDGMENT STATE OF UTAH COUNTY OF GRAND On this day of 2012, the foregoing Trust Deed was personally executed before me by Andrew Riley, Manager of Mill Creek Village, LLC as Trustor. Witness my hand and official seal. 9 , Notary Public Page 75 of 87 6-9 A FINAL SUBDIVISION PLAT OF II.LAGE p.T.J.I3., PHASE II L 3 OF POWERHOUSE SUBDIVISION, ADDITION II, T 26 S, R 22 E, SLIN, 4A0AB CITY, GRAND COUNTY, UTAH CAB A PUBLIC UTILITY TH Cr DNPJ01 ORM. THE OTY OF HONE AN 1 THE gnu 134TH AND LL REMAIN PRIYAIE >r 056' TOT ° S12150rE HLINF ar I'SZ� sent I NTT comet s:.C11ON a T 28a R22S SLY POINT OF OVENT2NO OE CORM OF PARCEL A PHASE I) n•C n .. _ D e J,. F -0.wAw i' OS-t 0-0-14 Sa o o'' GRAPHIC SCALE M 14 R 1 ° ISO (IN Tart ) 1. loch 80 R co IMMIIIIIE 7 111111.1 IVIET1G:18f''S.,� iTii2i2.7I IT9 M�1♦i WAIN`.7T.:F TT FA WITTbTillS AVIN imrrrrie1-7 T3Fmrrrar �.31 =:1ir.* ritracirrAr�it*Y",7 rarTrarmpAmrisur at SLrairliliTN'LA vm-r-Y-7•R�TrFaf� rii s ■isamWITTA IT►:arr• :-ti laOrli M7B1FreTZ1111 7 /1117 7M. � 1111F1?3 1/4 CORNER SECTIONS 7 8° B. Wir T26S.R22E.SLM 3 COMMISSION CERTIFICATE DAY OF A.D. 20 , BY PLANNING COMMISSION CITY ENGINEERS APPROVAL COUNCIL APPROVAL I HEREBY CERTIFY THAT I HAVE HAD THIS PLAT raBSOBBAFKiN AS STAKED EXAMINED BY THIS OFFICE AND IT APPROVED. ACCORDANCE WITH INFORMATION ON FILE IN I COUNTY RECORD STATE OF UTAH, CO. OF A.D.. SUBDIVISION .uu,.In rnuu,eauw B DATE DATE _TIME JUR 6-10 AGENDA S V MMA RY MOAB CITY COUNCIL MEETING November 13, 2012 AGENDA ITEM #: 6-11 Title: Approval of Parks Service Worker III Job Description Fiscal Impact: No impact in current year budget. Possible future impact as employees promote to this position. Staff Presenter(s): Donna Metzler Department: Administration Applicant: Not Applicable Background/Summary: The City of Moab encourages upward mobility, longevity, and skill improvement among its employees. To this end, the City has created "tracks" whereby employees with experience and training can move up within their general position description. For example, the City has had for a number of years the progression of Police Officer I, Police Officer II and Police Officer III. The progression works such that entry level police officers start at level I and then work up with more training, education, experience and responsibility to level III. It is a way to encourage employees to reach a high level of proficiency in their field, as well as longevity within the city organization. We have the same progression for Streets Service Worker, with a progression of I, II and III. Currently, for the Parks Department, we only have levels I and II. This encourages our seasoned Parks employees to transfer to other departments or seek employment elsewhere, because of the limited upward mobility of the Parks track. A Parks Service Worker III level,if created, would require more experience, a higher level of proficiency, supervisory responsibilities and other increased responsibilities. The Parks Service Worker II position description is attached for comparison. This newly created job description does not create a new position. Rather, the City can determine if a promotional opportunity is appropriate, post the Parks Service Worker III position, and allow employees to compete internally for the position. If a position is awarded, the lower level does not get filled. In this way, the city progressively increases the proficiency and responsibility of its employees. The grade for this position is comparable to other positions within the City that have similar levels of responsibility, education, training, risk, etc. Other positions at this grade include Animal Control Officer and Public Works Administrative Assistant. The position classification chart is included for reference. 1 Page 77 of 87 6-11 Options: The City Council can vote to approve the new job description, to reject it, to delay the decision pending more information, or to approve the description with changes. Staff Recommendation: I recommend that the City Council approve the job description for Parks Service Worker III as presented. Recommended Motion: " I move that we approve the job description for Parks Service Worker III as presented". Attachment(s): Parks Service Worker III Job Description (for approval); Parks Service Worker II Job Description; Moab City Full-time Position Classification Chart Page 78 of 87 6-11 Class Title: Department: Division: Parks Service Worker III Public Works Parks GENERAL PURPOSE CITY OF MOAB JOB DESCRIPTION Class Code: Pay Grade: S Effective Date: Date Revised: 11/13/2012 Performs a variety of skilled labor, maintenance and supervisory duties in the upkeep and improvement of park facilities for the City. REPORTING RELATIONSIIIPS Supervision Received: The Parks Service Worker III works under the general supervision of the Parks Superintendent and Public Works Director. Supervision Exercised: The Parks Service Worker III may provide close supervision for a crew for a specific project as assigned by the Parks Superintendent. The Parks Service Worker III may provide training for new Parks Service Worker I and II employees. ESSENTIAL FUNCTIONS Irrigates the lawns and keeps the irrigation facilities in operating condition; including the adjustment of valves and sprinklers. Performs a variety of mowing functions including mowing of the park lawns, trimming along the edges and around trees, providing minor repairs to lawn mowers and trimming equipment. Performs a variety of routine grounds maintenance work; rakes, plants, transplants, sprays, trims shrubs and low trees; relays sod. Removes various debris from the park grounds making the parks safe and clean. Sweeps around picnic tables; cleans restrooms; paints the various facilities as instructed. Weeds around trees and other places; burns trash if necessary; sprays for noxious weeds and insects if needed. Operates construction and maintenance machinery. Parks Service Worker III 10/26/12 Page 1 of 2 Page 79 of 87 6-11 May supervise a work crew in the performance of a specific project as assigned by the Parks Superintendent. Performs related duties as required. MINIMUM QUALIFICATIONS A. Education and Experience 1. High school graduate or equivalent AND 2. Three (3) year experience in parks maintenance OR 3. An equivalent combination of education and experience B. Required Knowledge, Skills and Abilities 1. Thorough knowledge of plants and plant care; thorough knowledge of the use of lawn mowers and construction and maintenance equipment; thorough knowledge of sprinklers and sprinkler systems; working knowledge of supervisory practices and procedures. 2. Ability to use small hand tools, make minor repairs, use construction and maintenance equipment; ability to establish good working relationships with other employees and the public. C. Special Qualifications (Licenses, Certifications, etc.) Upon employment, must possess a valid Utah driver's license. D. Work Environment and Physical Demands The Parks Service Worker III works in variable weather conditions. The Parks Service Worker III performs heavy and light labor. Tasks regularly include muscular strain, including walking, standing, stooping, reaching and lifting. Talking, hearing and seeing are necessary for performing most essential functions. Common eye, hand and finger dexterity is required for most essential functions. SELECTION GUIDELINES Formal application; interview with hiring authority. Successful completion of a pre- employment drug and alcohol screen test. Parks Service Worker III 10/26/12 Page 2 of 2 Page 80 of 87 6-11 Class Title: Department: Division: Parks Service Worker II Public Works Parks GENERAL PURPOSE CITY OF MOAB JOB DESCRIPTION Class Code: Pay Grade: 5 Effective Date: Date Revised: 3/21/97 Performs a variety of semi -skilled and skilled labor and maintenance duties in the upkeep and improvement of park facilities for the City. REPORTING RELATIONSIIIPS Supervision Received: The Parks Service Worker II works under the general and close supervision of the Parks Superintendent and Public Works Director. Supervision Exercised: N/A ESSENTIAL FUNCTIONS Irrigates the lawns and keeps the irrigation facilities in operating condition; including the adjustment of valves and sprinklers. Performs a variety of mowing functions including mowing of the park lawns, trimming along the edges and around trees, providing minor repairs to lawn mowers and trimming equipment. Performs a variety of routine grounds maintenance work; rakes, plants, transplants, sprays, trims shrubs and low trees; relays sod. Removes various debris from the park grounds making the parks safe and clean. Sweeps around picnic tables; cleans restrooms; paints the various facilities as instructed. Weeds around trees and other places; burns trash if necessary; sprays for noxious weeds and insects if needed. Operates construction and maintenance machinery. Performs related duties as required. Parks Service Worker II 03/21/97 Page 1 of 2 Page 81 of 87 6-11 MINIMUM QUALIFICATIONS A. Education and Experience 1. High school graduate or equivalent AND 2. One (1) year experience in parks maintenance OR 3. An equivalent combination of education and experience B. Required Knowledge, Skills and Abilities 1. Working knowledge of plants and plant care; working knowledge of the use of lawn mowers and construction and maintenance equipment; working knowledge of sprinklers and sprinkler systems. 2. Ability to use small hand tools, make minor repairs, use construction and maintenance equipment; ability to establish good working relationships with other employees and the public. C. Special Qualifications (Licenses, Certifications, etc.) Upon employment, must possess a valid Utah driver's license. D. Work Environment and Physical Demands The Parks Service Worker II works in variable weather conditions. The Parks Service Worker II performs heavy and light labor. Tasks regularly include muscular strain, including walking, standing, stooping, reaching and lifting. Talking, hearing and seeing are necessary for performing most essential functions. Common eye, hand and finger dexterity is required for most essential functions. SELECTION GUIDELINES Formal application; interview with hiring authority. Successful completion of a pre- employment drug and alcohol screen test. Parks Service Worker II 03/21/97 Page 2 of 2 Page 82 of 87 6-11 MOAB CITY FULL-TIME POSITION CLASSIFICATION POSITION TITLE GRADE CLASSIFICATION Public Facilities Service Worker I - Custodian 3 Parks Service Worker I 4 Administrative Secretary I - Police 5 MARC Administrative Assistant 5 Parks Service Worker II 5 Streets Service Worker I 6 Water/Sewer Service Worker I - Meter Reader 6 Administrative Secretary II - Administration 7 Administrative Secretary II - Police 7 Deputy Recorder I 7 Streets Service Worker II CDL 7 Water/Sewer Service Worker II 7 Water/Sewer Service Worker II - WWTP 7 Administrative Assistant - Public Works 8 Animal Control Officer 8 Deputy Treasurer 8 Public Facilities Service Worker III - Public Facilities Supervisor 9 Streets Service Worker III CDL 9 MARC Director io Police Officer I io Deputy Recorder II ii Police Officer II ii Police Officer II - Drug Law Enforcement ii Streets Service Worker III Mechanic ii Wastewater Treatment Plant Operator ii Water/Sewer Service Worker III ii Zoning Administrator/Planning Assistant ii Detective 13 Parks Superintendent 13 Police Officer III 13 Police Officer III - Drug Law Enforcement 13 Streets Superintendent 13 Police Sergeant 14 Recreation Coordinator 14 Treasurer 14 Police Lieutenant 15 Water and Sewer Superintendent 15 Planner 16 Planning and Community Development Director 17 Recorder/Assistant City Manager 17 Public Works Director 18 Police Chief E3 City Manager E5 Page 83 of 87 6-11 AGENDA S V MMA RY MOAB CITY COUNCIL MEETING November 13, 2012 AGENDA ITEM #: 6-12 1 Title: Discussion regarding Draft Interlocal Agreement between the Canyonlands Special Service Health Care District and the City of Moab Fiscal Impact: This is a discussion item only. The Draft Agreement entails an $80,000 one-time budgetary impact. Staff Presenter(s): Donna Metzler Department: Administration Applicant: Not Applicable J Background/Summary: Qualifying rural hospitals are eligible to receive Disproportionate Share Hospital (DSH) funds through the Medicaid Division of the Utah Department of Health. It was recently determined that Moab Regional Hospital is once again eligible to receive these funds. The DSH program was implemented in order to provide additional reimbursement to rural hospitals that care for a large number of Medicaid, low-income and indigent patients. In order for a rural hospital to receive DSH funds, the local community must provide "seed' money to the State of Utah. The State of Utah, upon receipt of the "seed" money, then remits funds back to the hospital. A local community must submit 30% of the total DSH amount in "seed' money to the state. Moab Regional Hospital is projecting that it will be eligible for $856,00o in DSH payments for the 2012 Fiscal Year. To get this full amount, the community must contribute $247,744 in "seed" money to the State. To get the 2012 Fiscal Year DSH contribution, the "seed' contribution must be made to the State by November 30, 2012. A qualifying local entity must enter into a contract with State of Utah as the entity that will make the local "seed" contribution on behalf of the State. Both Grand County and the Canyonlands Special Service Health Care District are considering being the contracting agency. There is also an issue with previous DSH monies received by Moab Regional Hospital, in that DSH funds were received without the submittal of the full amount of seed money from the community. This cash balance from this previous allocation is estimated at $26,825.30. This cash balance would need to be paid by the contracting entity prior to receipt of the 2012 Fiscal Year DSH payment. Page 84 of 87 6-12 Grand County has allocated approximately $200,000 toward the required "seed" contribution for the 2012 Fiscal Year DSH payment. The City provided for a contribution to the Canyonlands Health Care Special Service District in its 2012-2013 City budget, pending approval of an agreement between the City and the District regarding the allocation/use of the funds. Options: This is a discussion item only. Whether the contracting agency for the DSH payments is the health care district or the county has yet to be determined, so this may necessitate changing the agreement as written. The draft document calls for the contribution to the District to be completely allocated to the DSH "seed" payment. There is an option to leave more discretion to the District as to their allocation of the contributed funds. There is, of course, the option not to enter into the agreement at all. Staff Recommendation: Enter into an agreement with the Canyonlands Health Care Special Service District in substantially the form shown in the draft agreement. Recommend to Grand County that the District be the contracting agency with the State of Utah for the DSH "seed" money arrangement. Recommended Motion: No motion recommended at this time. Attachment(s): Interlocal Agreement for the Provision of Funding to the Canyonlands Special Service Health Care District Page 85 of 87 6-12 DRAFT INTERLOCAL AGREEMENT FOR THE PROVISION OF FUNDING TO THE CANYONLANDS HEALTH CARE SPECIAL SERVICES DISTRICT This Interlocal Agreement is entered into pursuant to the Interlocal Cooperation Act, Title 11-13- 1 et seq. Utah Code Annotated, 1953, as amended, for the mutual benefit of the citizens and inhabitants of the City of Moab, State of Utah, a body politic and corporation (hereinafter referred to as "City") and the Canyonlands Health Care Special Services District, a body politic and corporation (hereinafter referred to as "the District"), by and between the City and the County. WHEREAS, the District intends to enter into a contract with the Utah Department of Health to provide "seed" funds in order to facilitate the receipt by Moab Regional Hospital of Disproportionate Share Hospital (DSH) funds; and WHEREAS, the City desires to contribute funds to the District in order to augment the District's provision of "seed" funds pursuant to the above mentioned contract; and WHEREAS, the City intends for its contribution to the District pursuant to this agreement to be used only for the purpose of providing the DSH "seed" money; and WHEREAS, the City intends that the contribution contemplated in this agreement will be "one- time" only and not an ongoing contribution; NOW, THEREFORE, the parties do hereby enter into the following Agreement: 1. Purpose. The purpose of this agreement is to provide for the City's contribution of funds to the District for purposes of the District's providing "seed" funds to the State Department of Health in order to facilitate the receipt of DSH funds by Moab Regional Hospital. 2. Contribution of Funds. In order to receive funds pursuant to this Agreement, the District must enter into a contract with the State of Utah providing for the District's payment of "seed" funds to facilitate the receipt by Moab Regional Hospital of DSH funds. After execution of said contract, the District shall submit to the City an invoice for the funds contemplated in this agreement. Within 30 days after receipt of an invoice from the District, the City shall provide payment to the District in the amount of $80,000. The District shall submit to the City a copy of the signed DSH contract between the State of Utah Health Department and the District. The City agrees that funds contributed to the District pursuant to this agreement are not federal funds. The parties agree that this contribution is a one-time contribution and does not constitute an on -going obligation. 3. District's Use of Contributed Funds. The funds contributed to the District pursuant to this agreement shall be used for the sole purpose of providing "seed" money to the State Department of Health to facilitate the receipt by Moab Regional Hospital of DSH funds. The parties understand that if, for whatever reason, Moab Regional Hospital does not Interlocal District DSH Contribution Page 1 of 2 Page 86 of 87 6-12 DRAFT INTERLOCAL AGREEMENT FOR THE PROVISION OF FUNDING TO THE CANYONLANDS HEALTH CARE SPECIAL SERVICES DISTRICT receive DSH funds as anticipated, any funds contributed to the District by the City pursuant to this Agreement shall be remitted back to the City within 30 days of the District's receiving notification that DSH will not be received as expected. 4. Administration of Agreement. This agreement shall be administered by an Oversight Committee comprising the City Manager and the Chairperson of the District's Administrative Control Board. This committee will review this agreement as needed and coordinate administrative matters relevant to this agreement. 5. Control of Property. Pursuant to Section 11-13-7, Utah Code Annotated, the City and the District shall exercise control over its respective property that is provided in fulfilling its obligations under this agreement. 6. Effectiveness and Duration of Agreement. This agreement shall become effective immediately upon its approval the District and the City. This agreement shall remain in effect until 30 days until after all obligations under this Agreement are met. Dated this day of , 2012. Attest: Rachel Stenta City Recorder City of Moab David L. Sakrison Mayor Canyonlands Health Care Special Service District Verleen Striblen Chairperson, Canyonlands Health Care Special Service District Interlocal District DSH Contribution Page 2 of 2 Page 87 of 87 6-12