HomeMy Public PortalAboutPKT-CC-2012-12-11Moab City Council
December 11, 201ist
PRE -COUNCIL WORKSHOP
�(6:00 PM*
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
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City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
Moab City Council
Regular Council Meeting
City Council Chambers
Tuesday, December 11, 2012 at 6:00 p.m.
4111111111111111111111111111111111111111111111111111111111111111111
6:00 p.m. Presentation by Forsgren Engineering Regarding Options for Providing
Water and Sewer in the North Area to Lions Parr
6:30 p.m. PRE -COUNCIL WORKSHOP
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
1--/ October 11, 2012
1-2 October 25, 2012
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3 2 Engineering Department
3 3 Planning Department
3-4 Police Department
3 5 Public Works Department
SECTION 4: PRESENTATION
4-1 Presentation of the Mayor's Student Citizenship of the Month Award for
November 2012 for Helen M. Knight School
SECTION 5: PUBLIC HEARING (Approximately 7:15 PM)
5-1 Public Input on Proposed Ordinance #2013-01- 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
SECTION 6: NEW BUSINESS
Page 1 of 2
6-1 Approval of an Application to Vacate, Alter or Amend the Doherty
Subdivision Plat Located at 283 Hobbs Street in the R-2 Zone
6 2 Approval of an Application to Vacate, Alter or Amend the Plat of the Walker
Properties Located at 260-290 South Main Street in the C-3 Zone
6 3 Approval of a Class II Retail Beer License Application for Terri Lynne
Gutterson, d.b.a. Twisted Sistas LLC, Located at 11 East 100 North to Conduct
a Restaurant
6-4 Approval of Local Consent for a Full -Service Restaurant Liquor License for
Twisted Sistas Cafe Located at 11 East 100 North
6 5 Approval of a Class III Beer License for Sandra Kay Peters, d.b.a. 7-Eleven
#53612 Located at 299 South Main Street to Conduct Retail Beer Sales for Off
Premise Consumption
6-6 Approval of Street System and Waterline Dedication and Warranty of
Improvements for the Moab Valley Healthcare Campus Subdivision
6-7 Approval of Proposed Resolution #19-2012 - A Resolution Accepting the
Required Improvements for the Moab Valley Healthcare Campus and
Releasing the Performance Guaranty
6 8 Approval of Amendment #1 to the Millcreek Village Improvements
Agreement
6-9 Discussion Regarding North Area Water and Sewer Services to Lions Park
SECTION 7: CONSENT AGENDA
7-1 Council Appointment of the Mayor Pro -Tenn
7-2 Council Designation of a Councilmember Responsible for Approving Bills
7-3 Confirmation of a Mayoral Appointment to the Moab City Planning
Commission for a Term Ending December 31, 2017
7-4 Approval of the 2013 Regular City Council Meeting Schedule
7-5 Approval of the 2013 Moab City Holiday Schedule
7-6 Approval of Proposed Resolution #21-2012 - A Resolution of the Governing
Body of the City of Moab Authorizing Delinquent Terminated Utility Accounts
to be Written Off the Accounting System
7-7 Approval of Proposed Resolution #22-2012 - A Resolution Amending the City
of Moab Health Reimbursement Account (HRA) Plan
SECTION 8: READING OF CORRESPONDENCE
SECTION 9: ADMINISTRATIVE REPORTS
SECTION 10: REPORT ON CITY/COUNTY COOPERATION
SECTION 11: MAYOR AND COUNCIL REPORTS
SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 13: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting
should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three
(3) working days prior to the meeting. Check our website for updates at: www.moabcity.org
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AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
AGENDA ITEM
#: Workshop & 6-9
Title: Discussion regarding North Area Water and Sewer Services to Lions Park
Fiscal Impact: No immediate Impact. Possible future cost to City: $579,000
Staff Presenter(s): Donna Metzler (technical support from Forsgren Engineering)
Department: Engineering/Administration
Applicant: Not Applicable
Background/Summary:
Extension of water and sewer services in the north annexation area along Hwy 191 has
been partially achieved. The North Area Water Line, which is a twelve -inch looped
water line, was installed in 2oo3. This line was installed by Holiday Inn Express and has
a cost -reimbursement agreement associated with it. An impact fee was adopted for
this area with the intent of recouping a portion of the cost of the line from property
owners that connect to line. The City has received no impact fees revenue from this
source and the fee expires in approximately one year. The total cost of this water line
extension was $242,840. The North Area Trunk Sewer Project, extending sewer
services to Moab Springs Ranch, was completed in 2oo6, at a total city cost of
$942,479• In 2o09, the City, in conjunction with Aarchway Inn and Holiday Inn Express,
extended sewer services to these properties. The total project cost was approximately
$200,000, with the City's cash and in -kind contribution of about $90,loo.
Within the last couple of years, the City, along with the Lions Park Planning Group, and
Grand County, has been putting together a plan for Lions Park improvements and
construction of the Transit Hub. In planning for the Lions Park Improvement Project, it
was determined that water and sewer services would be needed to service the Transit
Hub and Lions Park.
In addition, it was determined that provision of water and sewer service for future
development along Hwy 191 should be accommodated in any extension of services to
Lions Park.
Lions Park is currently served by a z-inch water line. Lions Park does not have sewer
service, as sewer service now ends at Aarchway Inn. The campground adjacent to the
1
Page 1 of 5
Colorado River Bridge and Aarchway Inn are serviced by a six-inch water line which is
insufficiently sized. You may recall that the City wanted Aarchway Inn to upgrade the
water line servicing their property s part of their development approval, but the
property owner at the time sued the City and the City was ordered by the court to
connect Aarchway Inn to the City line without paying to upgrade the line. Fireflow in
this area is insufficient to meet state code.
Forsgren Engineering was hired by the City to examine options and costs associated
with extending Water and Sewer Services to Lions Park and to deal with insufficient fire
flow to Aarchway Inn and Holiday Inn Express. Forsgren looked at a number of options,
from providing full service to all properties, to providing the very minimum to meet the
requirements of the new projects. Given the cost of the more full service options
(approximately $2.9 million), the relatively low development pressure in the area, as
well as the prospect of a large scale WWTP project that will require bonding, the
payment of debt service, and sewer rate increases, City staff asked Forgren to develop
lower cost options. Forsgren will present these options to the City Council.
The City has funds available in the Water and Sewer Fund to pay for the lower cost
option presented by Forsgren.
Options:
Various options will be discussed by Forgren Engineering during their presentation.
The Council will want to consider issues related to project timing, allocation of funds,
and long term planning.
Staff Recommendation:
It is the staff recommendation at this point in time to choose the low cost options
presented by Forgren Engineering, and to avoid bonding and debt. It is recommended
that these funds be budgeted for in the next fiscal year.
Recommended Motion:
No motion is recommended at this time.
Attachment(s): Forsgren Engineering maps and cost estimate.
Page 2 of 5
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North Moab Water & Sewer Extension
Capital Costs (Summary)
Item / Description
Total
Cost
Water Alternative 1
City Fireflow Compliance
$204,228
City Utility Extension
$9,211
County
$77,992
City Total
$214, 000
County Total
$78,000
Total Water Alternative Cost
$292,000
Sewer Alternative 4
City Lift Station
$231,574
City Pipeline
$133,409
County Pipeline
$66,440
City Total
$365, 000
County Total
$67, 000
Total Sewer Alternative Cost
$432,000
Overall Project
City Total
$579,000
County Total
$145,000
Overall Project Cost
$724,000
Page 5 of 5
MOAB CITY COUNCIL
REGULAR MEETING
October 9, 2012
The Moab City Council held its Regular Meeting on the above date in the
Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council
Workshop to order at 6:30 PM. In attendance were Councilmembers
Kyle Bailey, Jeffrey Davis, Kirstin Peterson and Gregg Stucki; Public
Works Director Jeff Foster, City Engineer Rebecca Andrus, Police Chief
Mike NaVarre, City Planner Jeff Reinhart, City Manager Donna Metzler
and City Recorder/Assistant City Manager Rachel Stenta.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM. Eight (8) members of the audience and media were present.
Councilmember Stucki moved to approve the Regular City Council
Minutes of September 11 and 25, 2012. Councilmember Davis
seconded the motion. The motion carried 4-0 aye.
There were no Citizens to Be Heard.
Under Community Development Department Update, Community
Development Director Olsen stated that tree thinning efforts were
underway at Anonymous Park and the Welcome to Moab entry sign
would be finished later in the month.
Under Engineering Department Update, City Engineer Andrus stated
that demolition would begin soon on Rotary Park Bathroom Project and
that construction on the project should begin in February 2013 with a
projected spring completion date. City Engineer Andrus also stated that
she had been working on the Impact Fee Study as well as the Animal
Shelter Photovoltaic System. City Engineer Andrus continued that she
would soon have an Interlocal Agreement to present between Moab
City and Grand County regarding Lions Park and that she had been
making progress on the Drinking water Protection Plan.
Under Planning Department Update, City Planner Reinhart reviewed the
upcoming Planning Commission Agenda and stated that staff had been
working on major code enforcement as well as a draft of the mobile
vending ordinance. City Planner Reinhart stated that the Planning
Department Staff would be attending the American Planner's
Association Fall Conference and that the General Plan Public Workshop
is scheduled for November 8, 2012.
Under Police Department Update, Police Chief NaVarre stated that the
Police Department had launched a social media website on Facebook.
Under Public Works Department Update, Public Works Director Foster
stated that he had been working with the community on the BMX track.
Councilmember Bailey moved to approve a Consent Agenda as follows:
1) Request for a Refund of Fees for the Grand County Family
Support Center for the Back To School Carnival in an Amount Not
To Exceed $235;
2) Approval of a Special Event License for Scott Newton, d.b.a. Gran
Fondo Moab to Conduct a Timed Cycling Event on May 3 and 4,
2013 at the Moab Recreation and Aquatic Center and on Various
REGULAR MEETING &
ATTENDANCE
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
CONSENT AGENDA, APPROVED
October 9, 2012
Page 1 of 2
Page 1 of 2
City Streets;
3) Confirmation of Mayoral Appointments to the Moab Appeals
Authority of James Dresslar for a limited term ending on
December 31, 2012 and of Barry Ellison for a limited term ending
on December 31, 2012;
4) Approval of a Petition to Vacate, Alter or Amend a Subdivision
Plat in the R-2 Zone at 816 Huntridge Drive as Submitted by
McElhaney Construction, LLC;
5) Approval of a Petition to Vacate, Alter or Amend a Subdivision
Plat in the R-3 Zone at 333 East Center Street and 34 North 300
East as Submitted by Tyson Lesmeister and Bill and Joanne Key;
6) Approval of a Request for Use of City Right -of -Way by Julie Cox to
Conduct a Sidewalk Sale on Main Street, at Various Locations
from October 12 to 13, 2012;
7) Approval of a Supplemental Agreement By and Between the City
of Moab and the Moab Trails Alliance to Establish Terms for
Upgrading, Building and Maintaining Phase I of the Proposed Bike
Park;
8) Approval of a Budgetary Line Item Transfer in the 2012-2013
Capital Projects Fund of $82,000 from the Increase in Fund
Balance Line Item to the Contribution to the Canyonlands Health
Care Special Service District Line Item
Councilmember Peterson seconded the motion. The motion carried 4-0
by a roll -call -vote.
There was no Correspondence to be Read.
Under Administrative Report, City Manager Metzler stated that the
Utah State University (USU) infrastructure study was underway and
was examining potential funding sources. City Manager Metzler also
stated that an affordable housing project was being looked at in the
area of the USU campus that could potentially use Community
Development Block Grant (CDBG) funds. City Manager Metzler also
stated that the appeals process for the Lions Back Project had been
exhausted and in the City's favor.
Under a Report on City/County Cooperation, Mayor Sakrison stated
that he had been working with Grand County Councilmember Audrey
Graham on the UMTRA layoffs and had asked the Association of Local
Governments to bring the topic up at a meeting with the Lieutenant
Governor. Mayor Sakrison stated that he will follow up with the
Governor's office and that Spencer Eccles with the Governor's Office of
Economic Development was working on the issue also.
Under Mayor and Council Reports, Councilmember Peterson stated
that she had attended a site visit of watershed areas off of the loop
road.
Councilmember Peterson moved to adjourn. Councilmember Bailey
seconded the motion. The motion carried 4-0 aye.
Mayor Sakrison adjourned the Regular Council Meeting at 7:25 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORT
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
MOTION TO ADJOURN,
APPROVED
ADJOURNMENT
October 9, 2012
Page 2 of 2
Page 2 of 2
MOAB CITY COUNCIL
REGULAR MEETING
October 23, 2012
The Moab City Council held its Regular Meeting on the above date in the
Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council
Workshop to order at 6:30 PM. In attendance were Councilmembers
Kyle Bailey, Jeffrey Davis, Kirstin Peterson, Doug McElhaney and Gregg
Stucki; City Treasurer Jennie Ross, Public Works Director Jeff Foster, City
Engineer Rebecca Andrus, Police Chief Mike NaVarre, City Manager
Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM. Eleven (11) members of the audience and media were present.
There were no minutes to approve.
There were no Citizens to Be Heard.
A Community Development Department Update was not given.
Under Engineering Department Update, City Engineer Andrus stated
that she had been working on pedestrian issues on Highway 191.
A Planning Department Update was not given.
A Police Department Update was not given.
Under Public Works Department Update, Public Works Director Foster
distributed photos of current projects.
Councilmember Peterson stated that she had been contacted by east
side residents regarding a crosswalk on 400 East.
Public Works Director Foster stated that the plans are drawn up and it
should be in place in the spring.
Mayor Sakrison presented Milo Birdwell with the Mayor's Student
Citizenship of the Month for October 2012 for Helen M. Knight School.
Councilmember Davis moved to approve a License Agreement for the
Use of City Property by and between the City of Moab and Business
Resolutions, LLC. Councilmember Stucki seconded the motion. The
motion carried 5-0 aye.
Councilmember Peterson moved to approve a Special Event License for
Chile Pepper Bike Shop to Conduct the Moab Ho Down Festival, a Dirt
Jump Competition, on October 28, 2012 at the Anonymous Bike Park.
Councilmember McElhaney seconded the motion. The motion carried 5-
0 aye.
Councilmember Stucki moved to approve Special Use of Anonymous Bike
Park by Tracy Reed, d.b.a. Chile Pepper Bike Shop on October 28, 2012.
Councilmember Peterson seconded the motion. The motion carried 5-0
aye.
Councilmember Peterson moved to approve a Special Event License for
Mathew Niesen to Conduct the Zombi 5K Fun Run on April 13, 2013.
REGULAR MEETING &
ATTENDANCE
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
MAYOR'S STUDENT OF THE
MONTH FOR OCTOBER 2012
LICENSE AGREEMENT FOR USE
OF CITY PROPERTY FOR
BUSINESS RESOLUTIONS, LLC
SPECIAL EVENT LICENSE FOR
CHILE PEPPER BIKE SHOP,
APPROVED
SPECIAL USE OF ANONYMOUS
BIKE PARK BY CHILE PEPPER
BIKE SHOP, APPROVED
SPECIAL EVENT LICENSE FOR
MATTHEW NIESEN FOR THE
October 23, 2012
Page 1 of 2
Page 1 of 2
Councilmember Stucki seconded the motion. The motion carried 5-0
aye.
Councilmember Bailey moved to approve Special Use of Swanny City
Park By Mathew Niesen on April 13, 2013. Councilmember McElhaney
seconded the motion. The motion carried 5-0 aye.
Councilmember Stucki moved to approve a Request to Send the
Community Development Block Grant Application to Public Hearing on
November 13, 2012. Councilmember Bailey seconded the motion. The
motion carried 5-0 aye.
Councilmember Bailey moved to approve a Request for a Fee Waiver for
the Moab Senior Games in an Amount Not to Exceed $200.
Councilmember Peterson seconded the motion. The motion carried 5-0
aye by a roll -call -vote.
Councilmember Peterson moved to approve Proposed Resolution #16-
2012 — A Resolution Amending the Moab Recreation and Aquatic Center
Fee Structure. Councilmember Stucki seconded the motion. The motion
carried 5-0 aye by a roll -call -vote.
Councilmember McElhaney moved to approve a Class III Retail Beer
License for Cheri Miller, d.b.a. 7-Eleven Store Located at 299 South Main
Street. Councilmember Davis seconded the motion. The motion carried
5-0 aye.
There was no Correspondence to be Read.
An Administrative Report was not given.
A Report on City/County Cooperation was not given.
Under Mayor and Council Reports, Councilmember Stucki stated that
he had attended a Grand County Solid Waste District Meeting that
lasted for three hours.
Councilmember McElhaney moved to approve the bills against the City
of Moab in the amount of $477,677.61. Councilmember Peterson
seconded the motion. The motion carried 5-0 aye by a roll -call -vote.
Mayor Sakrison adjourned the Regular Council Meeting at 7:28 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
ZOMBI SK RUN, APPROVED
SPECIAL USE OF SWANNY CITY
PARK BY MATHEW NIESEN,
APPROVED
REQUEST TO SEND
COMMUNITY DEVELOPMENT
BLOCK GRANT APPLICATION,
APPROVED
FEE WAIVER FOR THE MOAB
SENIOR GAMES, APPROVED
PROPOSED RESOLUTION #16-
2012, APPROVED
CLASS III RETAIL BEER LICENSE
FOR CHERI MILLER, D.B.A. 7-
ELEVEN STORE, APPROVED
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORT
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
ADJOURNMENT
October 23, 2012
Page 2 of 2
Page 2 of 2
/
/
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
AGENDA ITEM
#: 5-1
/
/
PL-12-1E7
Title: Public Hearing and Approval of Ordinance #2013-01 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
Favorably Referred to Council by the Planning Commission
Fiscal Impact: Significant cost savings can be realized by home buyers due to lessened developme t
costs and the city will have more efficient use of roads and utilities and reduced costs for road
maintenance
Staff Presenter(s): Jeff Reinhart, City Planner
Department: Planning and Zoning
Applicant: -
Background/Summary:
The Planning Commission held a public hearing on October 11, 2012, to review 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. Subsequent to the public hearing, the
Commission voted 4-0 to favorably recommend the ordinance to Council.
Numerous studies have indicated that the number one barrier to affordable housing in the country is
the lot size requirement. The studies show 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 alleged loss of solar gain and reductions in the size of the minimum home footprint will
provide some reductions in construction costs of main structures.
The attached Ordinance #2013-01 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:
Page 1 of 20
0
Page 2 of 2
and
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,
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 #2o3.2-3.3. as submitted to Council by the Planning
Commission;
3. Approve Ordinance #203.2-3.3. with changes;
4. Vote to not approve Ordinance #2o3.2-3.3.;
5. Table the ordinance if additional information or discussion is needed.
Staff Recommendation: Staff withholds a recommendation until after the public hearing.
Recommended Motion: I move to approve Ordinance #2013-01 as... written/amended.
Attachment(s):
Ordinance #2o3.3-oi
Comparison chart of the code sections and Ordinance #2o1.3-oi
Breakdown of Net Lot Size and Home Area
Rodeo development with 5ioo sq ft lot sizes
p:\planning department \2012\correspondence \p1-12-167 cc ord 13.docx
Page 2 of 20
ORDINANCE #2013-01
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 October _, 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 December 11, 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:
CHAPTER 17.15
ESTABLISHMENT OF ZONES
Page 3 of 20
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
Page 4 of 20
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 fmal 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.
Page 5 of 20
5-1
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
Page 6 of 20
■
Standard
Duplex or Two-family Dwelling (continued)
Max. Height
00
-
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
8
-
Minimum Side
yard, second
side (ft)
-
7
8
-
Minimum Side
Yard, Corner
12
12
-
Minimum Rear
Yard Inter (ft)
12
10
-
Minimum Rear
Yard Corner
00
15
10
-
Max Lot
Coverage
(%)(4)
60
60
-
Max. Height
(ft)
30
40
-
Min. Lot Width
(ft)
50
50
-
Minimum
Ground Floor
Area/unit WI 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
Page 7 of 20
5-1
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 comer lots, the side yard that faces on a street shall be not less
than twelve feet.
Page 8 of 20
co
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 comer 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
comer lots, the rear setback shall be not less than eight feet.
D. The minimum side setback for accessory buildings on interior and comer 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.
Page 9 of 20
■
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
Page 10 of 20
5-1
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
25/15
25/15
Minimum Side
Yard, first side
m(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)
75/50
75/50
60/50
Minimum
Ground Floor
Area/Structure
(sq ft)
N/A/500
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
25/15
Minimum Side
Yard, first side
(ft)
8/7
8/7
8/7
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
Page 11 of 20
Comparison of Current Moab Code with Ordinance #2012-13
Residential Area
Regulations (continued)
75/50
60/50
Min. Lot Width
(ft)
75/50
Minimum
Ground Floor
Area/unit (sq ft)
700/500
700/500
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/additiona1/1800
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
Page 12 of 20
64
Breakdown of Net Lot Size and Home Area
Lot Area: 5,000 sq ft (50'X100')
R-2
R-3
R-4
Minimum
Lot
Area/unit
(sq ft)
5,000
5,000
5,000
Minimum
Front Yard
go
20-1,000
15-750
15-750
Minimum
Side Yard,
first side (ft)
7-700
7-700
7-700
Minimum
Side yard,
second
side (ft)
7-700
7-700
7-700
Minimum
Side Yard,
Corner
15-1500
12-1200
12-1200
Minimum
Rear Yard
Inter. (ft)
12-600
12-600
10-500
Minimum
Rear Yard
Corner (ft)
15
15
12
Total area - 3,000 sq ft 2,750 sq ft 2,650 sq ft
setbacks
Net Lot 2000 sq ft 2,250 sq ft 2,350 sq ft
Area
60% 1,200 sq ft 1,350 sq ft 1,410 sq ft
Page 13 of 20
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P a g e 1 9 o f 2 0
CITY OF MOAB
PUBLIC HEARING
PROPOSED ORDINANCE #2013-01
The City of Moab will hold a Public Hearing on Tuesday, December 11, 2012 at
approximately 7:15 p.m. in the Council Chambers of the Moab City Offices at 217
East Center Street, Moab, Utah.
The purpose of this hearing is to solicit public input on Ordinance #2013-01 — 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.
In compliance with the Americans with Disabilities Act, individuals needing
special accommodations during this meeting should notify the Recorder's Office
at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least
three (3) working days prior to the meeting.
/s/ Rachel E. Stenta
City Recorder/Assistant City Manager
Published in the Times Independent, November 29 and December 6, 2012.
R:\Notices\2013\ph ord 2013-01.docx
Page 20 of 20
e
.1
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
AGENDA ITEM
#: 6-1
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: If Applicable
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-IG2
Background/Summary:
Background: Council recently approved a subdivision plat amendment for these two
properties on November 13, 2012 (Ex. A) The plat was erroneously drawn but the
confusion was not caught until the plat was presented to the property owners for their
signatures prior to recording with the county recorder's office. This revised plat (Ex. B)
satisfies everyone and adjusts the incorrectly drawn property line. The amended lots will
continue to meet the dimensional requirements of the R-2 Zone.
Summary: The subdivision of the lot complies with the State Code Chapter 10-9a-
608(2) that allows a subdivision plat to be amended without public hearing before the
Land Use Authority if the petition seeks to:
"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;
The vacation, alteration or amendment must be approved and signed by Council, and
submitted 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
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 8 and 9, Block B of
the Doherty Subdivision as submitted.
• Attachment(s): Reduced Approved Plat (Ex. A); Reduced Revised Plat (Ex. B)
p:\planning department \2012\correspondence \p1-12-162 doherty amend2 again.docx
Page 1 of 3
6-1
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AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 12, 2012
AGENDA ITEM
#: 6-2
Title: Approval of an Application to Vacate, Alter or Amend the Plat of the
Walker Properties located at 260-290 South Main Street, in the C-3 Zone
Fiscal Impact: If Applied,_
Staff Presenter(s): Jeff Reinhart, City Planner
Department: Planning and Zoning
Applicant: Jack Walker
PL-12-165
Summary: This requested action will:
1. Reduce the total number of lots from 6 to 3;
2. Provide clearly defined frontages for the amount of signage; and
3. Satisfy building code requirements for separation walls following described
property lines.
This requested amendment of the properties complies with State Code Chapter 10-9a-
608(2) that allows an amended plat without a public hearing if the petition seeks to "Join
two or more of the petitioner fee owner's contiguous lots". It must be approved by City
Council and an amended plat that is signed by the City Council is 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 the
approval if additional information is needed
Staff Recommendation: Staff recommends that this plat amendment be
approved. The amendment complies with state and local requirements.
Recommended Motion: 1 move to approve the amended plat of the Walker
Properties as submitted by the applicant.
• Attachment(s): Reduced Plat and Aerial
p:\planning department \2012\correspondence \p1-12-1H5 cc walker prop.docx
Page 1 of 3
6-2
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AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
AGENDA ITEM
#: 6-3
[I Title: Approval of a Class II Retail Beer License Application for Terri Lynne
Gutterson, d.b.a. Twisted Sistas LLC, Located at 11 East 100 North to
Conduct a Restaurant
Fiscal Impact: None
Staff Presenter(s): Rachel Stenta, City Recorder/Jennie Ross, City Treasurer
Department: Recorder/Treasurer
Applicant: Terri Lynne Gutterson
Background/Summary:
A change in ownership of the business has occurred. The new owner is applying for a
Class II Retail Beer Restaurant License. This location has been licensed for beer and
alcohol previously and has no proximity issues.
The applicant is applying for state alcohol licensing as well. The applicant will not be
able to conduct retail sales of beer or alcohol without a state of Utah alcohol license.
Options: Approve, Deny or Table
Staff Recommendation:
Approve contingent on successful completion of a Grand County Health Department
Inspection.
Recommended Motion:
I move to approve a Class II Retail Beer License for Terri Lynne Gutterson, d.b.a.
Twisted Sistas LLC, Located at i1 East too North to Conduct Restaurant Beer Sales
contingent on successful completion of a Grand County Health Department Inspection.
Attachment(s):
Class II Retail Beer License Application
Page 1 of 4
DATE PAID:
AMOUNT PAID: e
RECEIPT No.: Q 1 6 o I
CITY OF MOAB
RETAIL BEER* LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
❑ CLASS I FEE:
CLASS II FEE:
❑ PRIVATE CLUB
❑ CLASS III FEE:
❑ CLASS IV FEE:
LICENSE #:
$180.00
$180.00
$650.00
$80.00
$80.00
APPLICANT'S PERSONAL INFORMATION
FULL NAME: `i Z Il 11 i 1 41 1 i Al /�1 r�T 1� j G, Cl1 J HOME PHONE:
HOME ADDRESS: CITY: M ii '1 I� STATE: ' �' ZIP:
SOCIAL SECURITY DATE OF BIRTH:
DRIVER LICENSE NUMBER & STATE:
BUSINESS INFORMATION
BUSINESS NAME: / jAi l S , PCO S(S. 414 5 LLB' SALES SALES TAX ID #:
BUSINESS ADDRESS: „ j! , ! L Iif f • M A 1°, ; J r s� 1i BUSINESS PHONE: i � �'3`) ZI G 147ZS
BUSINESS MAILING ADDRESS: .� O % e k , �j ! j CITY: M Q -e-3 STATE: Ur 7ZIP: s Z
WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE
LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS!
CONTACT THE STATE NOW!
THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE)
1.
❑ CLASS I
'0 CLASS II
❑ PRIVATE CLUB
❑ CLASS III
❑ CLASS IV
Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and
in original containers, for consumption on or off the premises, in accordance with the Liquor
Control Act and the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises
for consumption on the premises, in accordance with the Liquor Control Act and Ordinances
of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose
primary purpose is the dispensing of food.
Same conditions as Class I and Class II Beer Licenses.
Retail License shall entitle the Licensee to sell Beer on the premises licensed in original
containers, for consumption off the premises in accordance with the Liquor Control Act and
the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and
in original containers, for consumption on the premises in accordance with the Liquor Control
Act and the Ordinances of the City limited to the dates specified.
Will you also serve liquor, wine or heavy beer (over 3.2% by weight)?
❑ NO )(YES (Requires `Local Consent' approved by City Council prior to State approval.)
2. List brands of beer proposed to be sold by the applicant within the City of Moab:
s eel ec� c' ►�S �� I TA :M ) �-LC12� (A)prs,�C 1-r
S QV .A- ��� 117, I i).4-6sr -err) 13CEWEJZ.1/
*Beer application is for 3.2% by weight only. Also requires a State license. 09/21/05
Page 2 of 4
6-3
RETAIL BEER LICENSE APPLICATION
Submit completed application and attachments to the City Treasurer for processing.
The applicant represents that they possess all the qualifications of a licensee as set forth
in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully
comply with and have faithfully complied with the Utah Liquor Control Act.
This application is submitted to the City of Moab as an inducement for the issuance of a
retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah
Code Annotated 1953. The undersigned applicant hereby agrees and promises that if
such beer license is granted, the applicant will faithfully comply with all provisions of the
Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted
pursuant thereto, and the ordinances of the City of Moab, and in particular that they will
faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to
reporting and payment of excise tax, and with regulation 4 relating to advertising,
regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair
competition and unlawful practice.
Applicant's Signature
STATE OF UTAH
COUNTY OF GRAND
'--e ir V i 6 u t-le->-L-SUvi , being first duly sworn, on his/her oath deposes
and says: That he/she is the applicant above named; that he /she has read the
foregoing application, and knows and understands the contents thereof; that the same is
true to his/her own knowledge.
Subscribed and sworn to before me on this ( to t- day of
NoV,..//vv1/4./1/2-e."- , ae)1 a.
Notary Public
Page 4 of 4
6-3
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
AGENDA ITEM
#: 6-4
Title: Approval of a Local Consent for a Full -Service Restaurant Liquor
License for Twisted Sistas Cafe Located at 11 East 100 North
Fiscal Impact: None
Staff Presenter(s): Rachel Stenta, City Recorder/Jennie Ross, City Treasurer
Department: Recorder/Treasurer
Applicant: Terri Lynne Gutterson
Background/Summary:
A change in ownership of the business has occurred. The new owner is applying for a
State Full -Service Restaurant Liquor License. This location has been licensed for beer
and alcohol previously and has no proximity issues.
Local Consent of the application is required for state approval.
Options: Approve, Deny or Table
Staff Recommendation:
Approve.
Recommended Motion:
I move to give Local Consent of a Full -Service Restaurant Liquor License for Twisted
Sistas Cafe Located at ii East ioo North.
Attachment(s):
Local Consent Form
Page 1 of 2
6-4
FULL -SERVICE RESTAURANT LIQUOR LICENSE
Local Consent
PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control
Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow
the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance
reducing the proximity requirements
AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206
/ v t 0 44-'1c3 City [ ] Town [ ] County
Local business license authority
hereby grants its consent to the issuance of a full -service restaurant liquor license to:
Business Name (DBA): ITW (s-r-L� ID 5 mri S e, re.
Applicant Entity/Business Owner: --rt,v(.57 lb s 1 STAS Ltx,
Location Address: It e l o v A), m aa.. 6u-T-- gLN7j-2.--
,
A 'zed Signature
60 0004 t 111&/ 2� 2
Name/Title ate
LOCAL CONSENT FOR PROXIMITY VARIANCE
In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the
proximity of this establishment relative to a public or private school, church, public library, public playground,
or park
Authorized Signature
Name/Title Date
This is a suggested format. A locally produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at
801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408
DABC Local Consent 1/2012
Page 2 of 2
a
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
AGENDA ITEM
#: 6-5
Title: Approval of a Class III Beer License for Sandra Kay Peters, d.b.a. 7-
Eleven #53612 Located at 299 South Main Street to Conduct Retail Beer
Sales for Off Premise Consumption
Fiscal Impact: None
Staff Presenter(s): Rachel Stenta, City Recorder/Jennie Ross, City Treasurer
Department: Recorder/Treasurer
Applicant: Sandra Kay Peters
Background/Summary:
A change in ownership of the business will occur on January 1, 2013. The last Class III
Beer License was approved on October 23, 2012. The new owner is applying for a Class
III License to begin operation after January 1, 2013. The applicant is coordinating with
the Police Department to complete a background check.
Options: Approve, Deny or Table
Staff Recommendation:
Approve contingent on successful completion of a background check with the Moab City
Police Department.
Recommended Motion:
I move to approve a Class III Beer License for Sandra Kay Peters, d.b.a. 7-Eleven #5363.2
Located at egg South Main Street to Conduct Retail Beer Sales for Off Premise
Consumption with the condition that the applicant complete a successful background
check with the Moab City Police Department.
Attachment(s):
Class III Retail Beer License Application
Page 1 of 5
6-5
DATE PAID:
AMOUNT PAID:
RECEIPT No.:
is ls/i0-
g0"
9018D,
CITY OF MOAB
RETAIL BEER* LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
O CLASS I FEE:
O CLASS II FEE:
0 PRIVATE CLUB
XI CLASS III FEE:
0 CLASS IV FEE:
LICENSE #:
$180.00
$180.00
$650.00
$80.00
$80.00
APPLICANT'S PERSONAL INFORMATION
FULL NAME: S HOME PHONE
HOME ADDRESS: CITY: ruya C/7y STATE: U/
SOCIAL SECURITY NUMBER: DATE OF BIRTH: -
DRIVER LICENSE NUMBER & STATE:
ZIP: erV 0 6-0
BUSINESS INFORMATION
BUSINESS NAME: Z O VeAl -01;e4 -572670? SALES TAX ID
BUSINESS ADDRESS: c.2-_,7 /7ziftA% z7AQjQeg (// MN= �.S7(9., BUSINESS PHONE: y..R,S~o7.S7 ;`C:?_?O
BUSINESS MAILING ADDRESS:,0e e/030 CITY/9is%a G/% STATE: (IT ZIP: eyOUY
WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE
LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS!
CONTACT THE STATE NOW!
THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE)
1.
❑ CLASS I
❑ CLASS II
❑ PRIVATE CLUB
IliCLAss III
❑ CLASS IV
Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and
in original containers, for consumption on or off the premises, in accordance with the Liquor
Control Act and the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises
for consumption on the premises, in accordance with the Liquor Control Act and Ordinances
of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose
primary purpose is the dispensing of food.
Same conditions as Class I and Class II Beer Licenses.
Retail License shall entitle the Licensee to sell Beer on the premises licensed in original
containers, for consumption off the premises in accordance with the Liquor Control Act and
the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and
in original containers, for consumption on the premises in accordance with the Liquor Control
Act and the Ordinances of the City limited to the dates specified.
Will you also serve liquor, wine or heavy beer (over 3.2% by weight)?
NO ❑ YES (Requires 'Local Consent' approved by City Council prior to State approval.)
2. List brands of beer proposed to be sold by the applicant within the City of Moab:
,QaOwerse/ff C oafS, i77i4/eA'
*Beer application is for 3.2% by weight only. Also requires a State license. 09/21/05
Page 2 of 5
3. Have you ever been convicted of any offense other than a minor traffic violation?
38(No ❑ YES (If yes, list offenses along with an explanation. Include locations and dates.)
4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State
of Utah if required for Class 1, II, Private Club and Class IV.
Class Ill Applicants MUST contact the Moab City Police Department License Investigator as soon as
possible to be fingerprinted and photographed. A background check is also required.
THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN
APPOINTMENT.
HEALTH INSPECTOR
(435)259-5602
575 Kane Creek Blvd
% ,+t }
DATE OF INSPE ION IO( 1 r-7 f !/�/
APPROVED DISAPPROVED ❑
REASON:
MOAB CITY COUNCIL
AGENDA DATE:
❑ APPROVED
❑ DISAPPROVED
REASON(S):
SPECIAL CONDITIONS:
Page 3 of 5
RETAIL BEER LICENSE APPLICATION
Submit completed application and attachments to the City Treasurer for processing.
The applicant represents that they possess all the qualifications of a licensee as set forth
in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully
comply with and have faithfully complied with the Utah Liquor Control Act.
This application is submitted to the City of Moab as an inducement for the issuance of a
retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah
Code Annotated 1953 The undersigned applicant hereby agrees and promises that if
such beer license is granted, the applicant will faithfully comply with all provisions of the
Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted
pursuant thereto, and the ordinances of the City of Moab, and in particular that they will
faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to
reporting and payment of excise tax, and with regulation 4 relating to advertising,
regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair
competition and unlawful practice.
Applicant's Signature
t_ i J i i n r 0-�-
STATE OF }�TA1 t� )
: ss
COUNTY OF )
► e9
5cr — a
el61 k CA y e'Pel e-K sl , being first duly sworn, on his/her oath deposes
and says: That Re/she is the applicant above named, that he- /she has read the
foregoing application, and knows and understands the contents thereof; that the same is
true to his/her own knowledge.
Su cribed an sworn to before me on this day of
)L)-e�'r'7 �ea� ,,901
a . • s, 'i n n n ". -J
MfRELLA COTA L
COMM,M 1957569
NOTARY PUBLIC-CALIFORNIA v
SAN 01C-00 COUNTY vv►
>' Comm Eopiros Novomber 18, 2015
es er r ^�YV •f v v v
Notary Public
Page 4 of 5
CITY OF MOAB
INFORMED CONSENT AND RELEASE OF LIABILITY
In connection with my application for a Beer License with Moab City, I hereby authorize the
forenamed agency as well as the Utah Bureau of Criminal Identification to investigate my past
and present work, education, and law enforcement records to ascertain any and all information,
which may be pertinent to licensing regulations. I do hereby release all person, firms, agencies,
companies, groups or installations, whomsoever, from any damages of/or resulting from release
shall function as an original.
k
Signature of Applicant Print Name of Applicant
Signature of Witness
/Z.5- /Z-
Date
Print Name of Witness Date
State off CP /! ✓n r cy )
County of fuir, •D! C� D )
On the 5 day of Dec/ 000 personally appeared before me
rxu� e. Pe -11-e r S — ; who duly acknowledged to me that they executed
the same.
IS A. nr~/
MIRELLA COTA
COMM.N1957569 0
NOTARY iL&1G-CAUFORNIA �s
SAN DIEGO COIAI'TY �+
Comm Expires November 18.2015 Y
vv J r v� v J v •+ v v
My Commission Expires:
�Ov. r8� •�v l S
Notary Publ c
Residing in: Sc)h D1 E C' C> County
Page 5 of 5
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
PL-12-164
AGENDA ITEM
#: 6-6
Title: Approval of STREET SYSTEM AND WATERLINE DEDICATION AND WARRANTY OF
IMPROVEMENTS for the Moab Valley Healthcare Campus Subdivision
Fiscal Impact: N/A
Staff Presenter(s): Jeff Reinhart, City Planner
Department: Planning and Zoning
Applicant: Moab City/Moab Valley Healthcare, Inc.
Summary:
City approval of the terms of the warranty for the required public improvements would
naturally follow acceptance of those improvements by Council. All required improvements
have been found to be constructed in compliance with the approved plans and applicable city
standards.
In summary, this document:
1. Specifies those built improvements that are dedicated to the city for the
development,
2. Certifies that the improvements have been completed to the city's satisfaction,
3. Certifies that all charges for labor, materials, and/or services have been paid in full,
4. Certifies that no liens have been attached against the property or the
improvements,
5.Warrants the improvements for a period of one year from the date of approval of
this document.
Options: Approve the acceptance and warranty of the street and water systems.
Staff Recommendation: Staff recommends approval of the dedication and warranty
document.
Page 1 of 5
6-6
Page 2 of 2
Recommended Motion: I move to approve the warranty and dedication of public
improvements for the Moab Valley Healthcare Campus Subdivision and direct the Mayor to
sign the Street System and Waterline Dedication and Warranty of Improvements agreement.
Attachment(s):
Street System and Waterline Dedication and Warranty of Improvements agreement;
Final Plat
p:\planning department\2012\correspondence\p1-12-164 cc hospital warranty.docx
Page 2 of 5
STREET SYSTEM AND WATER LINE DEDICATION AND WARRANTY OF
IMPROVEMENTS
for the
Moab Valley Healthcare Campus Subdivision ("Development")
This Street System and Water Line Dedication, and Warranty of Improvements is made and entered into
this l lth day of December 2012, by and between Moab Valley Healthcare, Inc. (hereinafter "Grantor")
and the City of Moab, a Utah municipal corporation (hereinafter "Grantee").
RECITALS
WHEREAS, Grantor and Grantee entered into an Improvements Agreement ("Agreement") on
June 16, 2009, and amended on May 27, 2011 and March 4, 2011, for the construction of certain
improvements for the Development; and
WHEREAS, Grantor has constructed a Street System including (i) a street named Orchard Park
Lane, together with curb, gutter, sidewalk and storm water structures and (ii) a street named Care Campus
Drive, together with curb, gutter, sidewalk and storm water structures for access through and across the
Development, in dedicated rights -of -way, as indicated on the attached final plat of Moab Valley
Healthcare Subdivision; and
WHEREAS, Grantor has constructed a Potable Water System including Water Line Extensions to
Fire Hydrants within easements 10 feet in width as indicated on the attached final plat of Moab Valley
Healthcare Subdivision; and
WHEREAS, said Agreement provided that the Street System and Potable Water System shall be
completed in conformance with plans agreed upon by Grantor and Grantee (the "Plans") and the City of
Moab's standard specifications (including, without limitation, the Moab City Design Standards and
Public Improvement Specifications, 1999); and
WHEREAS, said Agreement provides that Grantor shall dedicate above said Streets System and
Potable Water System to the City of Moab and that the dedication will be in a form of a signed written
document that must include a one year warranty statement, from the date of approval, against defects in
workmanship of the described street and facilities; and
In recognition of the foregoing, the parties agree as follows:
AGREEMENT
Street Dedication and Warranty
1. Grantor does hereby convey and dedicate to Grantee all of Grantor's right, title and interest in and
to the Street System, inclusive of Orchard Park Lane and Care Campus Drive together with the
elements of curb, gutter and sidewalks and Grantee accepts such conveyance without any
warranty or representation, except to the extent explicitly set forth herein.
2. Grantor hereby certifies that the improvements referred to herein have been satisfactorily
completed; that all charges or bills for labor or services performed or materials furnished, and
other charges against the subcontractors, have been paid in full; that no liens have attached
against the property and improvements of Grantor; and that no intention to claim liens is
outstanding.
Page 3 of 5
6-6
3. Grantor hereby warrants the Street System for a period of one year against any defects in
workmanship. Said warranty is a personal obligation of the Grantor named above and shall not be
binding upon or enforced against any successor or assign or Grantor or any future owner or
owners.
4. Grantee acknowledges and agrees that Grantee has conducted all inspections and tests that
Grantee deems necessary or desirable and that the Street System has been completed in
accordance with the Agreement.
5. Grantee hereby accepts the Street System and agrees that, except for Grantor's warranty set forth
above, from and after the date hereof Grantee shall have sole responsibility to own, repair and
maintain the Street System in good and working condition.
6. Grantee acknowledges and agrees that Grantor, Grantor's successors and assigns, future owners
of Grantor's property are permitted to utilize the Street System.
Water Lines Dedication and Warranty
1. Grantor does hereby convey and dedicate to Grantee all of Grantor's right, title and interest in and
to the 10" Water Line Extensions and Fire Hydrants and Grantee accepts such conveyance
without any warranty or representation, except to the extent explicitly set forth herein.
2. Grantor hereby certifies that the improvements referred to herein have been satisfactorily
completed; that all charges or bills for labor or services performed or materials furnished, and
other charges against the subcontractors, have been paid in full; that no liens have attached
against the property and improvements of Grantor; and that no intention to claim liens is
outstanding.
3. Grantor hereby warrants the Water Lines and Fire Hydrants for a period of one year against any
defects in workmanship. Said warranty is a personal obligation of the Grantor named above and
shall not be binding upon or enforced against any successor or assign or Grantor or any future
owner or owners_
4. Grantee acknowledges and agrees that Grantee has conducted all inspections and tests that
Grantee deems necessary or desirable and that the Water Lines and Fire Hydrants have been
completed in accordance with the Agreement.
5. Grantee hereby accepts the 10" Water Line and extensions and agrees that, except for Grantor's
warranty set forth above, from and after the date hereof Grantee shall have sole responsibility to
own, repair and maintain the Water Line and Fire Hydrants in good and working condition.
6. Grantee acknowledges and agrees that Grantor, Grantor's successors and assigns, future owners
of Grantor's property adjoining the Easement Area and adjoining properties are permitted to
make connections to the Water Line Extension provided that (i) the water line has sufficient flow
capacity to accept the new connection, (ii) the necessary easements and/or public rights -of -ways
exist to accommodate the connection without trespass on private property and (iii) connection of
any new service must be accompanied by payment to the City of Moab of an impact fee or
connection fee in amounts set by applicable ordinances or resolutions in effect at the time of the
connection.
Page 4 of 5
6-6
IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting through the
Moab City Council, which has duly authorized execution, and by
Signed and delivered this day of , 2012.
GRANTOR, Moab Valley Healthcare, Inc. (MVHC):
STATE OF UTAH )
) §
County of Grand
Roy E. Barraclough= CEO/Administrator
Moab Valley Healthcare, Inc.
On the day of , 2012, Roy E. Barraclaugh as
CEO/Administrator for Moab Valley Healthcare, Inc., personally appeared before me and duly executed
and acknowledged the above easement grant. Witness my hand and official seal.
Notary Public, State of Utah
Address:
My commission expires:
GRANTEE:
City of Moab, a Utah municipal corporation.
CITY OF MOAB ATTEST:
By:
Mayor David L. Sakrison Rachel E. Stenta, City Recorder
jAsubdivisions\hospital \sewer and water line dedication and warranty of improvements.docx
Page 5 of 5
6-6
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
AGENDA ITEM
#: 6-7
PL-12-155
1
Title: Approval of Council Resolution #19-2012, Accepting Required Improvements for the
Moab Valley Healthcare Campus and Releasing the Performance Guaranty
Fiscal Impact: N/A
Staff Presenter(s): Jeff Reinhart, City Planner
Department: Planning and Zoning
Applicant: Hogan Construction
Background/Summary:
Resolution #19-2012 accepts the public improvements associated with the development of
the Moab Valley Healthcare Campus Subdivision and authorizes the release of the
performance guaranty. You may recall that the bond was obtained through the contractor,
Hogan Construction, and was held by the city until all improvements, including the site plan
requirements such as landscaping, were completed.
The improvements have been inspected by the city engineer, public works director and the
zoning administrator and were found to be acceptable and in compliance with the
construction standards and municipal code requirements. The city is accepting the dedication
of the water system (including the fire hydrants and appurtenances), storm and sanitary
sewer systems, and street features including the asphalt driving surface, curb, gutter, and
sidewalks in the right-of-way.
There is no need for the bond any longer and it can be released to Hogan Construction.
Options: Approve Council Resolution #19-2012, thus, accepting the improvements and
releasing the bond.
Staff Recommendation: Staff recommends approval of Council Resolution #19-2012.
Page 1 of 3
6-7
Page 2 of 2
Recommended Motion: I move to approve Resolution #19-2012 accepting the required
improvements for the development of the Moab Valley Healthcare Campus Subdivision and
release the performance guaranty bond.
Attachment(s): Resolution #19-2012
p:\planning department \2012\correspondence \p1-12-155 cc hospital bond.docx
Page 2 of 3
6-7
RESOLUTION #19-2012
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN ASSOCIATION
WITH THE DEVELOPMENT OF THE "MOAB VALLEY HEALTHCARE CAMPUS SUBDIVISION",
AND AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTY ASSOCIATED WITH
SAID REQUIRED IMPROVEMENTS.
WHEREAS, the City of Moab (the "City") and Moab Valley Healthcare, Inc., with offices located at 710
West, 400 North, Moab UT 84532, and Canyonlands Health Care Special Services District, located at
245 West Williams Way, Moab, UT 84532, as "Owners" of record of properties in Moab City municipal
limits and both represented by Mr. Roy E. Barraclough, entered into a Subdivision Improvements
Agreement dated June 16, 2009 (the "Agreement") covering the public improvements associated with
the above named subdivision; and
WHEREAS, said Agreement was amended on February 8, 2011 to provide for changes in the coverage
of costs for the storm drain sewer construction, and Agreement was further amended on February 8,
2011, to include the costs of a detailed list of items that remained to be addressed.
WHEREAS, Owners posted collateral in the form of a bond held by Moab City for the benefit of the City
to guarantee the improvements required by the Agreement; and
WHEREAS, the Developer has completed all required improvements listed in Exhibits B and C of the
Agreement, Section 2 of Amendment #1, and Attachment A of Amendment #2; and
WHEREAS, Council, by approval of Resolution #19-2012 on November 13, 2012, has determined that
the improvements are completed in accordance with the engineered plans and construction
specification for the City of Moab; and
WHEREAS, pursuant to the terms of the Agreement, Owners are entitled to a full release of the
performance guaranty.
NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to accept the
public improvements covered by the Agreement referenced herein, specifically street improvements,
water system improvements, sewer system improvements, and storm drainage improvements located
within the subdivision and do hereby authorize the full release of Owners' collateral.
Passed and adopted by action of the Governing Body of the City of Moab in open session this
11th day of December, 2012.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel E. Stenta, Recorder
Resolution #19-2012
Page 3 of 3
6-7
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
AGENDA ITEM
#: 6-8
Title: Approval of Amendment #1 to the Millcreek Village Improvements Agreement
Fiscal Impact: No impact
Staff Presenter(s): Donna Metzler
Department: Administration
Applicant: Andrew Riley
Background/Summary:
The City approved an Improvements Agreement for Millcreek Village PUD Phase I, in
May of this year. The City approved an Improvements Agreement for Millcreek Village
PUD Phase II at the last City Council meeting. Upon review of the Phase I Agreement, it
was discovered that a provision that had been deleted in the negotiation process still
remained in the final document approved by the City Council. This agreement
stipulated that no lots would be sold until all improvements were complete. This
provision was meant to be deleted. No other improvements agreements approved by
the City in recent history contain this provision.
Options:
The City Council may approve the amended agreement as presented, approve the
amended agreement with further changes, reject the amended agreement, or delay
action on the item pending receipt of further information.
Staff Recommendation:
It is the staff recommendation to approve the amended agreement.
Recommended Motion:
"I make a motion that we approve Amendment #1 to the Millcreek Village
Improvements Agreement."
Attachment(s): Amended Improvements Agreement
1
Page 1 of 3
6-8
IMPROVEMENTS AGREEMENT
Mill Creek Village PUD, Phase I
Amendment #1
This IMPROVEMENTS AGREEMENT for Mill Creek Village PUD, Phase I, Amendment
#1 is hereby executed by the City of Moab, a Utah municipality (the "City"), and Mill Creek
Village, LLC, a Utah limited liability company ("Owner"):
RECITALS
A. The Parties recorded the Improvements Agreement for Mill Creek Village PUD, Phase I
on July 16, 2012 as Entry No. 501147 in Book 785, Page 113 in the real property records
of Grand County, Utah ("Original Improvements Agreement").
B. The Parties erroneously included a restriction against selling any Lots in the Mill Creek
Village PUD, Phase I in Section 4 thereto, which restriction did not conform to the
agreement of the Parties.
C. The Parties now desire to amend the Original Improvements Agreement to remove said
restriction against selling Lots prior to completion of the required public improvements as
described therein.
NOW, THEREFORE, the Parties agree as follows:
1. Section 4 of the Original Improvements Agreement is hereby amended to read, in its
entirety:
4. 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.
2. All other definitions, terms, conditions, and requirements in the Original Improvements
Agreement shall remain in full force and effect.
Page 2 of 3
6-8
IN WITNESS WHEREOF, this Amended Improvements Agreement has been executed by
the Parties on this day of 20
CITY OF MOAB:
Mayor David L. Sakrison Date
ATTEST:
Rachel E. Stenta Date:
OWNER: Mill Creek Village, LLC
Andrew Riley, Manager Date
ACKNOWLEDGEMENT
STATE OF UTAH
COUNTY OF GRAND
The foregoing Amended Improvements Agreement was acknowledged before me by
Andrew Riley, Manager for Mill Creek Village, LLC, as Owner, on this day of
20 .
Witness my hand and official seal.
, Notary Public
Improvements Agreement Amendment #1
Page 2 of 2
Page 3 of 3
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
AGENDA ITEM
#: Workshop & 6-9
Title: Discussion regarding North Area Water and Sewer Services to Lions Park
Fiscal Impact: No immediate Impact. Possible future cost to City: $579,000
Staff Presenter(s): Donna Metzler (technical support from Forsgren Engineering)
Department: Engineering/Administration
Applicant: Not Applicable
Background/Summary:
Extension of water and sewer services in the north annexation area along Hwy 191 has
been partially achieved. The North Area Water Line, which is a twelve -inch looped
water line, was installed in 2oo3. This line was installed by Holiday Inn Express and has
a cost -reimbursement agreement associated with it. An impact fee was adopted for
this area with the intent of recouping a portion of the cost of the line from property
owners that connect to line. The City has received no impact fees revenue from this
source and the fee expires in approximately one year. The total cost of this water line
extension was $242,840. The North Area Trunk Sewer Project, extending sewer
services to Moab Springs Ranch, was completed in 2oo6, at a total city cost of
$942,479• In 2o09, the City, in conjunction with Aarchway Inn and Holiday Inn Express,
extended sewer services to these properties. The total project cost was approximately
$200,000, with the City's cash and in -kind contribution of about $90,loo.
Within the last couple of years, the City, along with the Lions Park Planning Group, and
Grand County, has been putting together a plan for Lions Park improvements and
construction of the Transit Hub. In planning for the Lions Park Improvement Project, it
was determined that water and sewer services would be needed to service the Transit
Hub and Lions Park.
In addition, it was determined that provision of water and sewer service for future
development along Hwy 191 should be accommodated in any extension of services to
Lions Park.
Lions Park is currently served by a z-inch water line. Lions Park does not have sewer
service, as sewer service now ends at Aarchway Inn. The campground adjacent to the
1
Page 1 of 5
6-9
Colorado River Bridge and Aarchway Inn are serviced by a six-inch water line which is
insufficiently sized. You may recall that the City wanted Aarchway Inn to upgrade the
water line servicing their property s part of their development approval, but the
property owner at the time sued the City and the City was ordered by the court to
connect Aarchway Inn to the City line without paying to upgrade the line. Fireflow in
this area is insufficient to meet state code.
Forsgren Engineering was hired by the City to examine options and costs associated
with extending Water and Sewer Services to Lions Park and to deal with insufficient fire
flow to Aarchway Inn and Holiday Inn Express. Forsgren looked at a number of options,
from providing full service to all properties, to providing the very minimum to meet the
requirements of the new projects. Given the cost of the more full service options
(approximately $2.9 million), the relatively low development pressure in the area, as
well as the prospect of a large scale WWTP project that will require bonding, the
payment of debt service, and sewer rate increases, City staff asked Forgren to develop
lower cost options. Forsgren will present these options to the City Council.
The City has funds available in the Water and Sewer Fund to pay for the lower cost
option presented by Forsgren.
Options:
Various options will be discussed by Forgren Engineering during their presentation.
The Council will want to consider issues related to project timing, allocation of funds,
and long term planning.
Staff Recommendation:
It is the staff recommendation at this point in time to choose the low cost options
presented by Forgren Engineering, and to avoid bonding and debt. It is recommended
that these funds be budgeted for in the next fiscal year.
Recommended Motion:
No motion is recommended at this time.
Attachment(s): Forsgren Engineering maps and cost estimate.
Page 2 of 5
6-9
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North Moab Water & Sewer Extension
Capital Costs (Summary)
Item / Description
Total
Cost
Water Alternative 1
City Fireflow Compliance
$204,228
City Utility Extension
$9,211
County
$77,992
City Total
$214, 000
County Total
$78,000
Total Water Alternative Cost
$292,000
Sewer Alternative 4
City Lift Station
$231,574
City Pipeline
$133,409
County Pipeline
$66,440
City Total
$365, 000
County Total
$67, 000
Total Sewer Alternative Cost
$432,000
Overall Project
City Total
$579,000
County Total
$145,000
Overall Project Cost
$724,000
Page 5 of 5
Moab City
Board Appointments
Date of Appointment
(Council Meeting) 12/11/2012
Board Name
Term Length
Term Expiration
Name
Address
Telephone #
Notes
Replaces Previous
Board Member
Mayor's Signature
Planning Commission
Five Year Term
12/31/2017
Board Member Person/ Info
Kelly Thornton
472 W. Moenkopi
259-3842
Kelly Thornton
Please Return to Moab City Recorder's Office
Page 1 of 2
12/4/2012
City of Moab
Regular Council Meeting Schedule
2013
The City of Moab will hold Regular City Council Meetings at 7:00 PM with workshops
beginning at 6:30 PM on the second and fourth Tuesdays of each month. All Regular
City Council Meetings will be held in the Moab City Council Chambers at 217 East Center
Street, Moab, Utah. Meeting dates will be as follows:
January 8
January 22
February 12
February 26
March 12
March 26
April 9
April 23
May 14
May 28
June 11
June 25
July 9
July 23
August 13
August 27
September 10
September 24
October 8
October 22
November 12
November 26
December 10
/s/ Rachel E. Stenta
City Recorder/Assistant City Manager
Published in the Times Independent, December 20 and 27, 2012.
Page 1 of 1
City of Moab
Holiday Schedule
2013
All City Offices will be closed on the following holidays during 2013:
Monday, January 1
Monday, January 21
Monday, February 18
Monday, May 27
Thursday, July 4
Wednesday, July 24
Monday, September 2
Monday, November 11
Thursday, November 28
Friday, November 29
Wednesday, December 25
/s/ Rachel E. Stenta
City Recorder/Assistant City Manager
New Year's Day
Dr. Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Independence Day
Pioneer Day
Labor Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Published in the Times Independent, December 20 and 27, 2012.
Page 1 of 1
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
AGENDA ITEM
#: 7-6
Title: Approval of Proposed Resolution #21-2012 - A Resolution of the
Governing Body of the City of Moab Authorizing Delinquent Terminated
Utility Accounts to be Written Off the Accounting System
Fiscal Impact: $1,168.76 will continue to be pursued for collection.
Staff Presenter(s): Jennie Ross, City Treasurer
Department: Treasurer
Applicant: N/A
Background/Summary:
Customers have been sent monthly billings since accounts were terminated. Letters
were sent notifying customers they had 15 days to pay balance of account or make
payment arrangements, otherwise, their account would be sent to our collection
agency.
Options: Approve, Deny or Table
Staff Recommendation:
Approve.
Recommended Motion:
I move to approve Proposed Resolution #21-2012.
Attachment(s):
Resolution #21-2021
Page 1 of 2
7-6
RESOLUTION #21-2012
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB
AUTHORIZING DELINQUENT TERMINATED UTILITY ACCOUNTS TO BE
WRITTEN OFF OF THE ACCOUNTING SYSTEM
WHEREAS, it is important to write off delinquent terminated utility accounts from the
Moab City accounting system to maintain integrity of this system; and
WHEREAS, Resolution #10-2003 provided conditions for writing off delinquent
terminated utility accounts; and
WHEREAS, pursuant to Resolution #10-2003, the City Council is authorized to write off
accounts over $50.00;
NOW THEREFORE WE THE GOVERNING BODY OF THE CITY OF MOAB DO
HEREBY WRITE OFF THE FOLLOWING DELINQUENT TERMINATED UTILITY
ACCOUNTS:
DELINQUENT TERMINATED UTILITY ACCOUNTS TO BE WRITTEN OFF THE
ACCOUNTING SYSTEM WITH CITY COUNCIL APPROVAL
ACCOUNT NUMBER AMOUNT DATE TERMINATED
607500 $ 58.71 08/03/12
1009601 177.85 10/23/12
1105700 83.32 02/01 /12
1202902 167.90 08/01 /12
1305108 142.99 11 /15/11
1604208 149.26 08/01/12
1606109 72.77 05/15/12
1607806 228.18 04/23/12
1703604 157.85 12/23/11
1705802 132.73 10/23/12
2301501 257.20 01 /09/12
TOTAL $1,628.76
RESOLUTION PASSED AND ADOPTED in open meeting of the City Council of
Moab City, Utah, this 11TH day of December, 2012.
Mayor David L. Sakrison
ATTEST:
Rachel E. Stenta, City Recorder
Resolution #21-2012 December 11, 2012
Page 2 of 2
7-6
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
December 11, 2012
AGENDA ITEM
#: 7-8
Title: Approval of Proposed Resolution #22-2012 — A Resolution Amending
the City of Moab Health Reimbursement Account (HRA) Plan
Fiscal Impact: The amount budgeted for employee benefits will remain
unchanged.
Staff Presenter(s): Rachel Stenta, City Recorder
Department: Recorder
Applicant: N/A
Background/Summary:
As you may recall, our insurance premium amounts decreased considerably when we
opted to change to a high deductible health plan last June 1. The decrease in premium
also decreased the amount that is contributed to our Health Reimbursement Account
for those individuals who elect to opt -out of our health insurance coverage.
Options: Approve, Deny or Table
Staff Recommendation:
Approve.
Recommended Motion:
I move to approve Proposed Resolution #22-2012.
Attachment(s):
Resolution #22-2021
Summary of Material Modifications
Highlight Sheet
Page 1 of 5
7-8
RESOLUTION #22-2012
A RESOLUTION AMENDING THE CITY OF MOAB HEALTH REIMBURSEMENT ACCOUNT (HRA)
PLAN
WHEREAS, the City of Moab has previously adopted an HRA Plan; and
WHEREAS, certain changes are now desireable;
NOW, THEREFORE, we, the Governing Body of the City of Moab do herby amend the HRA Plan in
the following particulars only:
FURTHER, the effective date of this amendment is January 1, 2013.
ARTICLE III BENEFITS — SECTION 3.1 ESTABLISHMENT OF PLAN (c) is amended to read as follows:
(c) The Employer shall make available to each Participant an Employer Contribution for the
reimbursement of Qualifying Medical Expenses. The Employer shall contribute the following
annual amount:
Any Employee who opts -out of the Employer sponsored Group Health Insurance shall receive
the following annual amount:
(1) ($397.61/month) $4,771.32 per year per Participant;
(2) ($809.92/month) $9,719.04 per year Participant and Child;
(3) ($834.53/month) $10,050.36 per year per 2 Party; or
(4) ($1,211.63/month) $14,539.56 per Family.
No salary reductions may be made to this Health Reimbursement Arrangement.
Passed and adopted by action of the Governing Body of the City of Moab in open session this
11th day of December, 2012.
ATTEST:
Rachel E. Stenta
City Recorder
By:
David L. Sakrison
Mayor
Resolution #22-2012
Page 2 of 5
7-8
SUMMARY OF MATERIAL MODIFICATIONS
MOAB CITY HEALTH REIMBURSEMENT ACCOUNT
I
INTRODUCTION
Moab City has amended your Health Reimbursement Account Plan as of January 1, 2013.
This is merely a summary of the most important changes to the Plan. It is presented to you as an
addition to the Summary Plan Description. If you have any questions, contact the Administrator. A copy
of the Plan, including this amendment, is available for your inspection. If there is any discrepancy
between the terms of the Plan or the amendment itself and this summary of material modifications, the
provisions of the Plan, as amended, will control.
II
GENERAL INFORMATION ABOUT THE PLAN
There is certain general information which you may need to know about Amendment Number
ONE to the Plan. This information has been summarized for you in this Section.
1. General Plan Information
Moab City HRA Plan is the name of the Plan.
The amended provisions of the Plan become effective on January 1, 2013, unless otherwise
provided.
Your Employer has assigned Plan Number 501 to your Plan.
2. Employer Information
Your Employer's name, address and identification number are:
Moab City
217 East Center Street
Moab, Utah 84532
87-6000248
3. Administrator Information
The name, address and business telephone number of the Administrator are:
Moab City
217 East Center Street
Moab, Utah 84532
(435)259-2683
The Administrator has the complete power, in its sole discretion to determine all questions
arising in connection with the administration, interpretation, and application of the Plan (and any related
Pagy of 5
7-8
documents and underlying policies). Any such determination by the Administrator is conclusive and
binding upon all persons.
III
SUMMARY OF CHANGES
1. The Maximum Employer Contribution allowed each year is:
Any Employee who opts -out of the Employer sponsored Group Health Insurance shall
receive the following annual amount:
(1) ($397.61/month) $4,771.32 per year per Participant;
(2) ($809.92/month) $9,719.04 per year Participant and Child;
(3) ($834.53/month) $10,050.36 per year per 2 Party; or
(4) ($1,211.63/month) $14,539.56 per Family.
Paged of 5
7-8
HRA PLAN
Moab City Corporation
HIGHLIGHTS
Moab City Corporation has establisheda"HRA
Plan" to help you pay for your out-of-pocket
medical expenses. If you received a
reimbursement for an expense under the Plan,
you cannot claim a Federal income tax creditor
deduction on your return.
GENERAL PLAN INFORMATION
Plan Name:
Moab City Corporation HRA Plan
Address: 217 East Center Street
Moab, UT 84532
Telephone: (435)259-2683
Tax I.D. Number: 87-6000248
Plan Number: 502
Plan Effective Date: 9/1/2010
Amended: 1/1/2013
Coverage Period End: December 31s,
Plan Administrator:
Moab City Corporation
Company Contact. Rachel Stenta
QUALIFIED EXPENSES
The plan allows you to be reimbursed for
certain out-of-pocket medical, dental andvision
expenses which are incurred by you and your
dependents. These would include drugs
obtained through a prescription. The expenses,
which qualify, are those permitted by Section
213 of the Internal Revenue Code. A list of
some of the expenses that qualify is available
from the Administrator.
The plan also allows you to be reimbursed by
the Employer for qualified insurance
premiums, which are incurred by you or your
dependents. Insurance Premiums under a
spouse's Employer can qualify unless such
coverage is currently reimbursed before tax
under a Section 125 or comparable benefitplan
(including Dental and Vision Insurance).
ELIGIBILITY
If you work 30 hours or more each week for
the company, you will be eligible to join the
Plan following your date of employment.
You will enter the Plan on the first day of the
month following your date of employment.
BENEFIT
The maximum Employer contribution allowed
each year is:
Any Employee who opts -out of the
Employer sponsored Group Health
Insurance shall receive the following
annual amount:
• ($397.61/month) $4,771.32 per year
per single Participant;
• ($809.92/month) $9,719.04 per year
per Member/Child;
• ($1,211.63/month) $10,050.36 per
year per 2-Party; or
• ($1,211.63/month) $14,539.56 per
year Family.
BENEFITS PAYMENT
During the course of the Coverage Period, you
may submit requests for reimbursement of
expenses you have incurred. However, you
must make your requests for reimbursements
no later than 90 days after the end of the
Coverage Period. The Administrator will
provide you with acceptable forms for
submitting these requests for reimbursement.
In addition, you must submit to the
Administrator proof of the expenses you have
incurred and that they have not been paid by
any other health plan coverage. If the request
qualifies as a benefit or expense that the Plan
has agreed to pay, you will receive a
reimbursement payment soon thereafter.
Remember, reimbursements made from the
Plan are generally not subject to federalincome
tax or withholding. Nor are they subject to
Social Security taxes.
Expenses are considered "incurred" when the
service is performed, not necessarily when it is
paid for. You can get a claim form at
www.nbsbenefits.com for reimbursement.
Any monies left at the end of the Coverage
Period will be forfeited. You must submit
claims no later than 90 days after the end of
the Coverage Period.
HIGHLY COMPENSATED & KEY
EMPLOYEES
Under the Internal Revenue Code, "highly
compensated employees" and "key employees'
generally are Participants who are officers,
shareholders or highly paid.
If you are within these categories, the amount
of contributions and benefits for you may be
limited so that the Plan as a whole does not
unfairly favor those who are highly paid, their
spouses or their dependents. Please refer to
your Summary Plan Description for more
information. You will be notified of these
limitations if you are affected.
FAMILY AND MEDICAL LEAVE ACT
Notwithstanding anything in the Plan to the
contrary, in the event any benefit under this
Plan becomes subject to the requirements of the
Family and Medical Leave Act of 1993 and
regulations thereunder, this Plan shall be
operated in accordance with proposed
Regulation 1.125-3.
ADDITIONAL PLAN INFORMATION
As a participant in the Plan, you are entitled to
certain rights and protections under the
Employee Retirements Income Security Act of
1974 (ERISA). Please refer to your Summary
Plan Description for more information on your
ERISA rights.
Updated December 3, 2013
NATIONAL BENEFIT RVICES, LLC
Cas framer Carr • Knowledge and Expert se Organiealinnn! Errerrrnre
(801) 532-4000 - Salt Lake City, UT