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HomeMy Public PortalAboutPKT-CC-2013-11-12Moab City Council November 12, 2013 Election Canvass 6:15 PM Pre --Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 44 Agenda Page 2 of 44 Moab Community Meetings November 2013 Su Mo Th November 2 December 2013 Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Oct 27 28 29 30 31 Nov 1 2 3 4 5 6 7 8 9 I 3:00pm GC Council Work 17:00pm CV-PLUC I 13:30pm MARC I 1-4:00pm GCWB I 15:30pm MMAD I r6.00pm GCAB I 3:30pm GCSDBE I 5.00pm KZMU Board I 7:00pm GC Council I 10 11 12 13 14 15 16 Veterans' Day - Office Closed 112:00pm TRAIL I 1110:30am Event Meeting I 14:00pm GWSSA I 11:30pm GCSDBE Site I 112.00 m HASUB I 14.00pm GCSWSSD I 12.30pm GCCOA 113.00pm MVFPD 116.00pm GC PC 114:30pm GCHPC I 5:00pm GCCMD 116:00pm TSSSFD 11 5:00pm GCLB I 6.30pm Moab CC I 17.00 m TSSD I 16:30pm Moab PC 4 17 18 19 20 21 22 23 I 3:00pm GC Council Work 6 OOpm GCSDBE I 5 30pm MATCAB I 16.00pm GCRSSD I 7.00pm GC Council 1 16.30pm CVTC I 24 25 26 27 28 29 30 16:00pm GC PC I I Thanksgiving - Offices Closed I 12.00pm MTPSC I I CHCSSD I 5:00pm SEUDHD I 6.30pm Moab CC I 16.30pm Moab PC I Rachel E. Stenta 1 Page 3 of 44 11/8/2013 4:42 PM 2010 Master Meeting Calendar Entities (red indicates meetings confirmed) Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 3rd Wednesday GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 4th Tuesday CJC Grand County Children's Justice Center Fire Station MVFPDC Moab Valley Fire Protection District Commission Moab Fire Department 2nd Tuesday Updated on: 1/20/2010 R:\Agendas\Calendar\2010 calendar entities.xlsx Page 4 of 44 Moab City Recorder's Office Moab Community Meetings December 2 013 Su Mo December 2013 January 2014 Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Dec 1 2 3 4 5 6 7 4:OOpm GCWB I 17:OOpm CV-PLUC I 13.30pm MARC 1 3:OOpm GC Council Work 6.00pm GCAB I 15:30pm MMAD 1 3:30pm GCSDBE 5:OOpm KZMU Board 7:OOpm GC Council 8 9 10 11 12 13 14 112:OOpm TRAIL 13:OOpm SFSC 1 12:30pm GCCOA 1 • 12:OOpm HASUB 1 1.30pm GCSDBE Site 14.00pm GWSSA 1 1-6.00 m GC PC 1 3.00pm MVFPD 14:OOpm GCSWSSD 1 1-6.00pm TSSSFD 1 15:OOpm GCLB 5:OOpm GCCMD 1-7:OOpm TSSD 1 16:30pm Moab PC 6:30pm Moab CC ilr 15 16 17 18 19 20 21 13:00pm GC Council Work 6:OOpm GCSDBE 5:30pm MATCAB 16:OOpm GCRSSD 1 7.00pm GC Council 16:30pm CVTC 1 22 23 24 25 26 27 28 12.00pm MTPSC I Christmas - Offices Closed 1 CHCSSD 1 6.30pm Moab CC I 16:30pm Moab PC 1 r6:00pm GC PC 1 29 30 31 Jan 1, 14 2 3 4 Rachel E. Stenta 2 Page 5 of 44 11/8/2013 4:42 PM 2010 Master Meeting Calendar Entities (red indicates meetings confirmed) Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 3rd Wednesday GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 4th Tuesday CJC Grand County Children's Justice Center Fire Station MVFPDC Moab Valley Fire Protection District Commission Moab Fire Department 2nd Tuesday Updated on: 1/20/2010 R:\Agendas\Calendar\2010 calendar entities.xlsx Page 6 of 44 Moab City Recorder's Office City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, November 12, 2013 at 6:15 p.m. 6:15 p.m. CANVASS of the MOAB GENERAL ELECTION The Canvassing of Votes from the Moab City General Election held on November 5, 2013. This is for the final audit, including those who voted absent and provisional ballots. 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 October 22, 2013 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATIONS 4-1 Presentation by the Friends of Arches and Canyonlands Parks Regarding the Canyonlands 50h Anniversary Event 4-2 Presentation by DeeRay Wardle of Questar Gas Regarding the Questar Line Replacement Project SECTION 5: SPECIAL EVENTS SECTION 6: NEW BUSINESS 6-1 Approval of Proposed Resolution # 19-2013 - A Resolution Adopting A Fee Waiver Policy for the City of Moab 6-2 Approval of Proposed Resolution #20-2013 - A Resolution Changing the Solid Waste Collection Rate Schedule Page 7 of 44 Agenda 6-3 Request by Grand County for a Fee Refund/Waiver for the Lions Park Transit Hub Project 6-4 Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat for Lot 1 and 2 of the Pear Tree Estates in the RA-1 Residential -Agricultural Zone 6-5 Request to Send Solicitation of Potential Projects for Community Development Block Grant (CDBG) Small Cities Program for Program Year 2014 to Public Hearing on December 10, 2013 SECTION 7: MAYOR AND COUNCIL REPORTS SECTION 8: READING OF CORRESPO NDENCE SECTION 9: ADMINISTRATIVE REPORTS SECTION 10: REPORT ON CITY/COUNTY COOPERATION SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 12: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 8 of 44 MINIM MOAB CITY COUNCIL REGULAR MEETING October 22, 2013 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, 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 Jeffrey Davis, Kirstin Peterson, Kyle Bailey, Doug McElhaney and Gregg Stucki; Planning Director Jeff Reinhart, Police Chief Mike Navarre, City Treasurer Jennie Ross, Public Works Director Jeff Foster, Community Development Director David Olsen, City Engineer Rebecca Andrus, 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 and led the pledge of allegiance. Fourteen (14) members of the audience and media were present. Councilmember Stucki moved to approve the Regular Council Meeting Minutes of September 10 and 24, 2013. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Under Citizens to Be Heard, Sara Melnicoff thanked police officers Althoff and Brewer for saving her partner's life on August 27, 2013 and Ms. Melnicoff thanked the City for providing CPR training to their officers. Under Community Development Department Update, Community Development Director Olsen stated that the Rotary Park projects were coming along well. Under Engineering Department Update and Public Works Update, City Engineer Andrus stated that the 500 West striping project was nearing completion as well as the restriping of the 200 South and 400 East intersection. Public Works Director Foster stated that the 400 East/Powerhouse Lane overlay project was completed as well as the trip hazard project on the east side of town. Public Works Director Foster stated that Millcreek Village was in the final stages. REGULAR MEETING & ATTENDANCE REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING AND PUBLIC WORKS UPDATES Under Planning Department Update, Planning Director Reinhart PLANNING UPDATE reviewed the next Planning Commission agenda. A Police Department Update was not given. October 22, 2013 POLICE UPDATE 1-1 Page 1 of 4 Page 9 of 44 Agenda Mayor Sakrison presented Gannon James with the Mayor's Student Citizenship of the Month Award for October 2013 for Helen M. Knight School. City Manager Metzler made a presentation Regarding the Establishment of Criteria for the Waiver of Special Events and Park Use Fees. Discussion followed. Councilmember Peterson moved to approve a Request by Grand County Prevention of Child Abuse Foundation for a Refund of Special Event and Park Fees in the Amount of $235.00. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Bailey moved to approve a Revision to a Special Event License for the Moab Valley Multicultural Center to Conduct a Market Located at 156 North and 100 West on November 3, 2013. Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. Councilmember Davis moved to approve a Request by Isaiah Ward for Approval of an Amplified Music Event at Old City Park on October 31, 2013. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Special Business Event License for Chile Pepper Bike Shop to Conduct the Moab Ho -Down Festival at Various Locations on October 24, 25 and 27, 2013. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve a Special Use of Anonymous Park for Tracy Reed to Conduct a Dirt Jump Competition on October 27, 2013. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Special Use of Swanny City Park for Sylvi White to Conduct a Mountain Bike Instruction Clinic on October 24 and 25, 2013 with the conditions as listed in the staff memo. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve the 2013 Moab Municipal Election and Counting Judges. Councilmember Bailey seconded the October 22, 2013 MAYOR'S STUDENT OF THE MONTH DISCUSSION REGARDING WAIVER OF SPECIAL EVENT AND PARK USE FEES GRAND COUNTY PREVENTION OF CHILD ABUSE FOUNDATION FEES REFUNDED FOR $235.00 REVISION TO SPECIAL EVENT LICENSE FOR THE MOAB VALLEY MULTICULTURAL CENTER, APPROVED AMPLIFIED MUSIC EVENT AT OLD CITY PARKED FOR ISAIAH WARD, APPROVED SPECIAL BUSINESS EVENT LICENSE FOR MOAB HO DOWN, APPROVED SPECIAL USE OF ANONYMOUS PARK FOR A DIRT JUMP COMPETITION, APPROVED SPECIAL USE OF SWANNY CITY PARK FOR A MOUNTAIN BIKE INSTRUCTION CLINIC, APPROVED 2013 MOAB MUNICIPAL GENERAL ELECTION COUNTING JUDGES 1-1 Page 2 of 4 Page 10 of 44 Agenda motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve a Construction Contract by and between the City of Moab and Straightline Contracting for Rotary Park Basketball Concrete Installation. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Contract for the Purchase of Goods and Services by and between the City of Moab and Sport Court for the Purchase of an Outdoor Modular Suspended Tile Court. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve Proposed Ordinance #2013- 18 — An Ordinance Adopting Chapter 9.44 of the Moab Municipal Code, Relating to the Establishment of a Mutual Commitment Registry. Councilmember Davis seconded the motion. The motion carried 4-1 aye with Councilmember Stucki voting nay. Councilmember Peterson moved to approve the Jones 2 Subdivision — A Petition to Vacate, Alter or Amend a Subdivision Plat for 582/586 Doc Allen Drive in the R-2 Zone. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Petition to Vacate, Alter or Amend a Subdivision Plat for Lot 1 and 2 of the Pear Tree Estates in the RA-1 Residential -Agricultural Zone. Councilmember Bailey seconded the motion. Councilmember Bailey moved to table the Petition to Vacate, Alter or Amend a Subdivision Plat for Lot 1 and 2 of the Pear Tree Estates in the RA-1 Residential -Agricultural Zone. The motion died for lack of a second. Councilmember McElhaney moved to table the Petition to Vacate, Alter or Amend a Subdivision Plat for Lot 1 and 2 of the Pear Tree Estates in the RA-1 Residential -Agricultural Zone. Councilmember Bailey seconded the motion. The motion to table carried 5-0 aye. Councilmember Peterson moved to approve Proposed Ordinance #2013- 15 — An Ordinance Amending the City of Moab Municipal Code, Chapter 17.24.020, Use Requirements, Amending the Listed Uses of the C-3 Commercial Zone and 17.27.020, Use Requirements and Amending the Listed Uses of the C-4 Commercial Zone, Allowing Employee Housing to be Constructed in Conjunction with the Non-residential Developments. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. October 22, 2013 APPOINTED CONSTRUCTION CONTRACT WITH STRAIGHTLINE CONTRACTING FOR ROTARY PARK BASKETBALL CONCRETE INSTALLATION, APPROVED CONTRACT WITH SPORT COURT FOR THE PURCHASE OF AN OUTDOOR MODULAR SUSPENDED COURT, APPROVED PROPOSED ORDINANCE #2013- 18 — ADOPTING A MUTUAL COMMITMENT REGISTRY, APPROVED JONES 2 SUBDIVISION ALTERATION, APPROVED MOTION TO APPROVE PEAR TREE ESTATES SUBDIVISION ALTERATION MOTION TO TABLE PEAR TREE ESTATES SUBDIVISION ALTERATION, DIED FOR LACK OF A SECOND MOTION TO TABLE PEAR TREE ESTATES SUBDIVISION ALTERATION, APPROVED PROPOSED ORDINANCE #2013- 15, APPROVED 1-1 Page 3 of 4 Page 11 of 44 Agenda There was no Correspondence to be Read. Under Mayor and Council Reports, Councilmember Bailey stated that he had attended a Utah Department of Transportation (UDOT) meeting where there was discussion regarding making a scenic train route to Moab in the future. READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS Under Administrative Report, City Manager Metzler stated that she had ADMINISTRATIVE REPORT submitted the Business License Review to the State of Utah. A Report on City/County Cooperation was not given. Councilmember Davis moved to approve the bills against the City of Moab in the amount of $446,380.69. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:50 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder October 22, 2013 REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT Page 4 of 4 Page 12 of 44 Donna Metzler From: Joette Langianese Doettel@frontiernet.net] Sent: Thursday, October 24, 2013 11:19 AM To: Donna Metzler Subject: Friends of Arches and Canyonlands Park Presentation to City Council Hi Donna, As per our discussion on Tuesday, The Friends of Arches and Canyonlands Parks would like to make a short (5-10 minutes) presentation to the City Council regarding the upcoming Canyonlands 50th Anniversary Event in 2014. If possible I would like to present at your Tuesday November 12th meeting. Let me know if you have any questions. Thanks! Joette Joette Langianese Executive Director Friends of Arches and Canyonlands Parks www.bateswiilson.or$ P.O. Box 1680 Moab, UT 84532 (435) 259-0108 (office) (435) 220-0172 (cell) Email:1oettel _frontiemet.net 1 Page 13 of 44 4-1 co -a c a� a) Q 1 AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 12, 2013 / / Agenda Item #: 6-1 Title: Approval of Resolution #19-2013—Adopting a City Council Policy Regarding Consideration of Fee Waiver Requests Fiscal Impact: None Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: NA Background/Summary: The City has discussed the possibility of adopting a City Council policy regarding criteria to be used in considering the requests for fee waivers. Based on this discussion, a policy was developed, along with a resolution adopting the policy. Options: The City Council may approve the resolution, approve the resolution with changes, postpone approval of the resolution or reject the resolution. Recommendation: Staff recommends approval of the resolution. Recommended Motion: "I move to approve Resolution #19-2013." 6-1 Page 14 of 44 Agenda Resolution # 19-2013 A RESOLUTION ADOPTING A CITY COUNCIL POLICY REGARDING THE CONSIDERATION OF FEE WAIVER REQUESTS WHEREAS, from time to time, the Moab City Council receives requests for waivers of fees; and WHEREAS, the City Council wishes to establish a policy that provides that waivers of fees will only be considered on an exception basis for certain type of fees; and WHEREAS, the City Council Policy for the Consideration of Fee Waiver Requests is attached hereto. NOW THEREFORE, WE, THE CITY COUNCIL OF THE CITY OF MOAB DO HEREBY ADOPT THE ATTACHED CITY COUNCIL POLICY FOR THE CONSIDERATION OF FEE WAIVER REQUESTS. SIGNED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Resolution #19-2013 Page 1 of 1 Page 15 of 44 City of Moab City Council Policy Regarding the Consideration of Fee Waiver Requests It is the general policy of the Moab City Council to not consider requests for fee waivers for city programs, services, permits and licenses. Further, the City Council has determined that exceptions to this general policy may be made at the sole discretion of the City Council, subject to certain conditions, as follows: 1. Requests for an exception to the fee waiver policy shall be made in writing at one month prior to the event or service for which the fee is charged. Such requests shall be submitted to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and the request will be considered as a request for a refund rather than a waiver. 2. The following fees are not subject to an exception under this policy: a. Fees related to public works, including but not limited to water and sewer fees, water and sewer impact fees, storm water drainage fees and solid waste fees. b. Fees related to planning and zoning, including but not limited to subdivision fees, annexation fees and permit fees. c. Fees related to recreation programs and services. d. Fees related to law enforcement, with the exception of traffic control and security fees associated with a special event. e. Fees related to alcohol. f. Other fees not provided for in this policy. 3. The City Council may consider an exception to the fee waiver policy for special -event -related fees, including special event permit fees, special event business license fees, park use permit fees, banner fees, and traffic control fees and security fees, if the organization requesting the exception meets at least one of the following criteria: a. The event, as its main function, is a fundraiser for a charitable organization that provides services to Moab residents. b. The organization sponsoring the event has in the past made and commits to continue to make in the future, a financial donation to the City that covers all or a portion of the costs associated with the event for which the organization is seeking an exception. c. The event organizer is a governmental entity. d. The event's primary purpose is to provide a school program or to benefit a school or school program. e. The primary purpose of the event is to provide a community -wide celebration or program that is offered free of charge to community members. f. The event is one that has been provided by the City in the past. 4. The City Council may consider an exception to the fee waiver policy for building permit fees only for requests made by Grand County or the City of Moab for county or city -owned facilities. 6-1 Page 16 of 44 Agenda / / AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 12, 203.3i' / Agenda Item #: 6-2 Title: Resolution 20-2013 Establishing Rates for Solid Waste Collection Fiscal Impact: Negligible Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: NA Background/Summary: The City Council recently approved a new rate schedule for solid waste collection. The approved rate schedule was based on the rate increase requested by Bob's Sanitation, which entailed increases of around 6.5%, depending on the rate. The proposed rate structure that was originally submitted by Bob's Sanitation omitted the Residential/Centralized collection rate so I took the liberty of applying the average rate increase entailed in Bob's rate increase proposal to the rate that was omitted, and then rounding up to the nearest 5 cents, creating a rate of $15.95 per unit, or a 6.7% increase. Bob's Sanitation was expecting this rate to be $16.00. The updated resolution shows the amount that Bob's Sanitation had in mind for this one rate, highlighted. The requested rate entails an increase of 7%, rather than 6.7%. Note that this rate increase is higher than that for the standard residential rate. Options: The City Council may approve, deny or postpone this item. J Staff Recommendation: Staff has no issue with approval of Resolution #20-2013 Recommended Motion: "I move to approve Resolution #20-2013." • Attachment(s): Resolution #20-2013 Page 17 of 44 Donna Metzler From: hhawks@frontiernet.net Sent: Thursday, October 10, 2013 9:57 AM To: donna@moabcity.org Subject: Correction - Centralized Collection October 10, 2013 Good Morning Donna, After reviewing the resolution # 15-2013, I noticed that the price was incorrect for central collection We did round up or rounded down with the six percent increase. The centralized collection fee should be $16.00 dollars per month. Brier to this rate increase, centralized collections were $15.00 dollars per month. This reflected a $1.00 dollar discount for using dumpsters instead of green cans. I would appreciate it if this correction could be revised at the next council meeting on October 22, 2013. Thank you for your help. Sincerely, Helen Hawks Office Manager 1 Page 18 of 44 Resolution # 20-2013 A RESOLUTION ESTABLISHING RATES FOR SOLID WASTE COLLECTION The City of Moab hereby enacts the following customer rates for solid waste collection. All persons required to receive solid waste collection services pursuant to Chapter 8.04 of the Moab Municipal Code shall pay for services pursuant to the following rates. Terms in this resolution shall be defined as provided in Chapter 8.04 of the Municipal Code. Residential Rate $17.00 per residence per month (single approved container, 95 gallons) $ 6.00 per month for each additional 95 gallon container Residential Rate, Centralized Collection $16.00 per residence per month (regardless of container type or number) Commercial Rate Two Cubic Yard Automated Bin (rates are per bin) Pick-up frequency: rate per month: once a week twice a week three times a week four times a week five times a week six times a week seven times a week $51.00 $91.00 $130.00 $166.00 $199.00 $214.00 $237.00 City Facilities Ball Park $128.00 Rotary Park $183.00 Swanny Park $319.00 Rec./Aquatic Center $ 51.00 City Center $130.00 City Public Works Yard $130.00 Wastewater Treatment Plant $ 51.00 Arts and Recreation Center $ 91.00 Animal Shelter $ 17.00 Moab Street Cans $688.00 Old City Park $183.00 Resolution #20-2013 Page 1 of 2 Page 19 of 44 PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council this 12th day of November. This Resolution shall take effect on December 1, 2013. SIGNED: ATTEST: Mayor David L. Sakrison Rachel E. Stenta, City Recorder Resolution #20-2013 Page 2 of 2 Page 20 of 44 GRAND COUNTY BUILDING DEPARTMENT Jeff Whitney: Building Official jwhitneWa randcountvutah.net William Hulse: Building Inspector bhulse(ugrandcountyutah.net 125 East Center Street, Moab, Utah 84532 Phone 435-259-1344 www.grandcountyntah.net September 16, 2013 City of Moab Donna Metzler, City Manager 217 East Center Street Moab, Utah 84532 RE: Lion's Park Transit Hub Fee Waiver Dear Donna: We would like to request that the City of Moab waive the building permit fee of $473.26 and reimburse t0 Grand County that amount for the restrooms and pavilion at the Lions Park Transit Hub. (A copy of the building permit application, the check stub from Grand County, and the receipt from the City of Moab are attached.) Please let us know if you need any additional information. Thank you for your consideration of this matter, y/ eff if itney Grand County Building Official Page 21 of 44 6-3 co -a c a� a) Q BUILDING PERMIT APPLICATION CITY OF MOAB - GRAND COUNTY, UTAH 125 E CENTER ST • MOAB, UT 84532 • 435-259.1345 or 435-259.1344 • :yww.grancicountyu[ah net iwhitnev;ayandcounlyulah.net or bhulseegrandcounivutah.net Building -y- ` Adfiress LOINS PAQA. 1'2KNSc t`1lJ� Receipt No. Date Issued OA•Ote• Cb Permit Number 2-162- • CstRAuA 00(U1neuS0 Crjk i 5ubdivislau Utah State Number GRAY ocb(oCOZ Assessor's Parcel N BUILDING FEE SCHEDULE ' . 10, 000 , oar,. oo _ -r. Waluagga S 2,,--1'2,,--1,�1 Z-'1. 84 - e `- Name-w1, �L�.N CG-c� 1 j ��� 1 g� ejitri a �t mc,-v\(11‘ I Building SF Zrs3 Building Fees $ 42Z b y uj Mail Address`' 10 )st'S e, , :c . /„.s_fQdol i.c4c.,. v....6 , 0 Rough Basement SF (t) Plan Check Fees $ 4-1 o0 City/State/ZIP "\-----1 g 51"(�( , Cs[>S61 1 ❑ Finish Basement SF 0 Water Conn $ 1) Email -Val 4e.1,,,z--s e_ Ltti{ IQ_ c ,) co%P, cowl Covered Patio/Deck SF I, .z., State 1%Fee $ A 22- of � Phone � ` • 3 o on {raga t�Aov-1 earaga{Gar¢ert§F Z324% Impact Fee $ Type of construction .0 - V13 Investigation $ w Name VA N EC-• Br., R,ai4 qq-c-c,) i')Es4.4_ lu Z. Mail Address kSLl. 13 t\.) j, itA IJK- Y-0 • 09,'041 O Number of Buildings I $ Phone jl4 6 . (4CVA • .3 (31-1, Cell Number of Dwellings "f> $ s8u = U Email Number of Stories I $ cd Utah State License if s-7 -/ (v(oCVL ,1 .0 3 a 1 Number of Bedrooms $ o Name P I-kr 1 R-0 N GjUs'I-2-0C1,1, t Number of Bathrooms �))) , $ c) Mail Address I Q, '�, GA� 1.25 Frtokr \cie � Max Occupancy Load ��' $ r Phone 801 •3 CP j .660) 1 Cell f l IPA S1 Ole CO „, Fire Sprinkler O Yes ❑ No TOTAL FEES $ Q 13 -2• (p 0, Email --t-(Xt A' . lAa`> 1' Ft,.q-i- 1 q.,01.1 coo, cmyk OFFICIAL USE ONLY IA bM r, Zwzn-p.:46► i-t�►`1-• A(..) ?)ei-,-f "en, s-t 1j .\-?-6- 4 l L L_ l Q l• -{ z o Utah State License N y -'s•• 1 to 2, c6 - S-5-1.) 1 z Name o � Mail Address ~z o Phone Cell o Email CULINARY WATER ❑ Well O Utility w Utah State License N SEWAGE OSeptic Tank OSewer OOther ____ Name ni0ub fthiA-1pl I � ( 10Co, IRE DEPARTMENT IR F C MERCIALAPPLicATIONSI Approved Approved by Date ce H O Mail Address /1/I Oa o Phone Lt3S e ZS1 • ekioL-1 Cell FLOOD PLAIN PERMIT �t v Approved by ��tS^ N Date U cd Email d Utah State License N '3 ) UZOS0 • <ys (G ! O ITY PUBLIC WORKS 9 L. Name j W _g_/3 Approved b Date Mail Address 2 1140 15(4-0614b-ia1ilt l0` tic CD ' I 0 1 SPANISH VALLEY WATER and SID A proved by Date 0 Phone 9 / p . 'zIvo . 31 t•tg Cell E Email 1' eortV'%y eCtv,UtMU��11 ri . (.UI/v, � Ap.roved by • �QNING A MI�� RATIO . ' �j i / IL+L •/' Date • F Utah State License N t Type LIST ALL ADDITIONAL CONTRACTORS ON BACK OF THIS FORM of Improvement/Kind of Construction ❑ Sign '14 Build ❑ Remodel ❑ Addition ❑ Repair ❑ Move ❑ Convert Use ❑ Demolish DEPARTMENT 9 7 + 43 Approve y a a(--....e`5 Date J BUI DIN DEPARTMENT Approved by to 7`" 7-'1 Number of off-street parking spaces: Covered LI 7j Uncovered Minimum Setbacks In Feet I hereby ackno dge I h read this application and a that the abov 6-3 agree to ply with all y and/or County Ordinances and State Laws reg construction, zoning, and sanitation. Front Side Side Rear Date ? /3 20 "' Zone P(� Site Plan WSubmitted ❑ N/A Signature of Permittee --()/1"1"--- rr , NOTE 24 HOURS NOTICE IS REQUIRED FOR ALL INSPECTIONS (Signature of Contra Pdg ZZ UI 4z+ a) Q GRAND COUNTY - Moab, Utah 84532 INVOICE # PERMIT #2163 Vendor: 20755 MOAB CITY INC. 80262 GLNUMBER 71-2280000-000 DESCRIPTION Lions Park TRANSIT HUB 9/06/2013 80262 INV AMOUNT 473.26 Moab City Corporation 217 East Center Street Moab, Ut 84532 435.259.5123 Receipt No: 110630 Receipt Date: 09/06/2013 Timestamp: 09/06/2013 04:08 PM Payor: BUILDING PERMIT COMMERCIAL LIONS PARK TRANSIT HUB - PERMIT #2163 1032211 BUILDING PERMITS - COMMERCIAL LIONS PARK TRANSIT HUB - PERMIT #2163 1032213 PLAN CHECK FEES LIONS PARK TRANSIT HUB - PERMIT #2163 1032212 1 % BLDG PERMIT CHARGE TOTAL AMOUNT: 473.26 422.04 47.00 4.22 $473.26 Check 80262 $473.26 $473.26 $0.00 $473.26 Tendered Amount: Cash Back: Total Applied: Page 23 of 44 6-3 as m a) Q C,1,TY b AI MOAB AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 121 2013-'' Agenda Item #: 6-4 PL-13-149 Title: Background Information for the Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat for Lot 1 and 2 of the Pear Tree Estates in the RA-1, Residential -agriculture Zone as Tabled by Council from the October 22, 2013 meeting Staff Presenter: Jeff Reinhart Department: Planning and Zoning Applicant: Christina R. Sloan for John C. Borders and Brown-Helfenbein, LLC. Background/Summary: At the city council meeting held on October 22, 2013, council requested a history of this property to determine why the plat note pertaining to the development of Lot 2 in the Pear Tree Estates was placed on the plat. This summary provides the background with the approved minutes from the Planning Commission as well as Council. Since at least the early 1970's the code has required that all development front on a street right- of-way (MMC 17.09.035). A property owner cannot be issued a building permit unless a right-of- way has been dedicated for access and utility extensions. Street improvements of curb gutter and sidewalk have been required since being adopted by Council in 1988. With the recent adoption of Ordinance #2013-19, the requirements in MMC 12.08.060 were amended to clarify that the improvements include paved street surfaces. Prior to presenting this application for a boundary line adjustment to Council in October, staff performed research on the property. It was discovered that in June 1998, Mr. Andrew Riley was before city council (Exhibit #1) with an application to subdivide this very property. Subsequent to the review, conditions were placed on the development of the lots by Council. The requirements included the construction or bonding for curb, gutter, sidewalk, and the street driving surface. These development improvements were required to be completed (or bonded) at the time of the approval of the subdivision. Staff recently contacted Mr. Riley and found that he had abandoned the project because of the costs associated with the construction of the improvements and he indicated that a bond was never submitted and a final plat was never recorded. Both of these statements were confirmed through conversations with the city treasurer and the Grand County Recorder. The property was subsequently sold to the Borders. 1 Page 24 of 44 Agenda City Council BLA for Lots I and 2 Pear Tree Estates November 12, 2013 2 On May 14, 2002, the City Council approved a dedication of a right-of-way, 50 feet in width, for Pear Tree Lane (Exhibits #2 and #3). The reason for the dedication is not clear in the Council meeting minutes and additional background information is not available. A subdivision was not discussed at the time because of the required street improvements. However, Borders' property was subsequently subdivided by quit claim deeds (Exhibits #4 and #5) in June 2002 using metes - and -bounds descriptions and without the approval of the city. In January 2003, Deb Truman -Borders applied to the city to subdivide the 3-acre parcel into 2 lots. The minutes from the January 23, 2003 planning commission meeting (Exhibit #6) state, "The City Council had approved the building permit for the house, on three acres, on May 14, 2002 without the requirement or bond to put in curb, gutter, sidewalk, and road." The planning commission again referred the application to council with a recommendation to waive the construction of the improvements. City Council subsequently required that the improvements had to be completed for the owner to develop Lot 2 (Exhibit #5). Apparently, the City Planning Office realized that the subdivision was not legal and "turned its head", according to the minutes (Exhibit #6), and told Deb Truman - Borders that a single building permit would be allowed for the entire parcel. As the Planning Commission minutes of January 23, 2003 also explain, the bank holding the construction loan for the home requested proof of the City's acceptance of the subdivision. Because the subdivision was not approved, proof of acceptance could not be issued and so the subdivision request was an after -the -fact approval of the metes -and -bounds land split. The subdivision application also came with a request from the Borders to not construct the required improvements. The motion and vote of the Planning Commission recommended that Council waive the development requirements. On January 28, 2003(Exhibit #7), the subdivision was presented to City Council for approval. A motion was made to approve Pear Tree Estates Subdivision with conditions. Those were "that Lot 2 would be restricted from development until such time as curb, gutter, sidewalk, and other required improvements are in place." In a unanimous 5-0 aye vote, the motion carried and the plat note from the original subdivision in 1998 that required the construction of the street section in front of Lots 1 and 2 was re-established. Staff requests that the plat note requiring the construction of the street for the two lots be a part of the motion and, therefore, continue to be a part of the record for this property. Options: Council can: 1. Approve the petition for the boundary line adjustment; 2. Approve the petition for the boundary line adjustment with conditions; 2. Table the petition if additional information is needed. Page 25 of 44 Agenda City Council BLA for Lots I and 2 Pear Tree Estates November 12, 2013 Staff Recommendation: Staff recommends that this application be approved by Council with the condition that Lot 2 will be restricted from residential development until such time as those improvements required by Moab City have been placed. 3 Recommended Motion: I move to approve the boundary line adjustment between Lot 1 and 2 of the Pear Tree Subdivision with the condition that Lot 2 will be restricted from residential development until such time as those improvements required by Moab City have been placed. Attachment(s):Exhibit #1; City Council minutes of June 9, 1998 Exhibit #2; City Council Minutes of May 14, 2002 Exhibit #3; "Right -of -Way Easement" to Moab City May 17, 2002 Exhibit #4; Quit Claim Deed to create Lot 1 Exhibit #5; Plat creating Lot 1 Exhibit #6; Planning Commission minutes for January 23, 2003 Exhibit #7; Council minutes for January 28, 2003 Plat p:\planning department\2013\correspondence \p1-13-149 cc pear tree subdivision.docx 12.08.060 Sidewalks, curbs and gutters required at time of construction. A. Sidewalks, curbs and gutters, and street paving shall be installed along all street frontage of any building lot at the time of construction upon that lot unless an exception is granted by Council as established under paragraph C below. B. The location and specifications for said sidewalks, curbs and gutters and streets shall be determined by the Public Works Director. C. The construction of streets, sidewalks, curbs and gutters will be complete at the time of final inspection by the building inspector unless an exception has been granted by Council. 17.09.035 Dwelling unit to front on public street. Except as otherwise provided for in this title, at least one side of each lot used as a dwelling site shall abut upon a street which has been designated or dedicated to the public for street purposes and the length of such abutting side measured at the setback line shall be at least as great as the width required for dwelling sites in the zone in which such building site is located. (Ord. 06-01 (part), 2006: prior code 17.09.580 § 27-3-28(E)) Page 26 of 44 Agenda MOAB CITY COUNCIL REGULAR MEETING June 9,1998 The Moab City Council held their regular meeting on the above date in the Council Chambers of Moab City Offices, located at 115 West 200 South, Moab, Utah. Mayor Karla R. Hancock called the Pre -Council Workshop to order at 6:35 p.m. Mayor Hancock called the Regular City Council Meeting to order at 7:00 p.m. Councilmember Richard Cooke led in the Pledge of Allegiance. Also in attendance were Councilmembers Kyle Bailey, David Salcrison, Joseph Lekarczyk and William McDougald, City Manager Donna Metzler, Recorder Rachel Ellison, City Attorney Chris McAnany, Treasurer Laurie Ramstetter, Public Works Director Brent Williams, Planning Aide/Acting Planner Debra Gilger, and Administrative Secretary Sue Husch; thirteen (13) members of the audience and the media were present. There were no minutes to approve. There were no citizens requesting to be heard. Planning Aide/Acting Planner Gilger stated that the Planning Commission is in the process of updating the Affordable Housing Study. Planning Aide/Acting Planner Gilger also asked for the Council to choose a date for a joint City Council/Planning Commission meeting. The Council chose the first Regular Meeting in July. Councilmember Cooke requested that the Planning Commission research the possibility of including as a component of the Affordable Housing Plan, a Real Estate Transaction Tax. Planning Aide/Acting Planner Gilger stated that the Planning Commission would make recommendations and then send the plan to the Council for review. A presentation by Bonnie Skilton regarding the Children's Justice Center was tabled. Councilmember Cooke moved to move the agenda to the Consent Agenda. Councilmember Salcrison seconded the motion. The motion carried 5-0 aye. Councilmember McDougald moved to approve the following: 1) Kun Mei Huang d.b.a. Mandarin Szechuan Restaurant request for Local Consent for a Restaurant Liquor License. 2) John Smith d.b.a. Smitty's Golden Steak Restaurant request for a Class lI Beer License. Councilmember Salcrison seconded the motion. The motion carried 3-2 with Councilmembers Cooke and Bailey voting nay. Councilmember Cooke made a request that that City Manager Metzler and City Attomey McAnany draft and review an ordinance regarding being in compliance with all ordinances being a condition of issuing licenses. Councilmember Cooke also requested a recommendation by City Attorney McAnany for a sign code amendment for injunctive relief, to be considered at a later meeting. Councilmember Bailey moved to grant a request by Andrew Riley to subdivide property along Pear Tree Lane with the following conditions: I ) Curb; 2) Gutter; 3) Sidewalk; 4) Street Installed or bonded for by Andrew Riley. Councilmember Cooke seconded. The motion carried 5-0 aye. Councilmember Bailey stated that he would like to see all properties along Pear Tree Lane have these conditions. REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS REQUESTING TO BE HEARD PLANNING UPDATE PRESENTATION TABLED AGENDA MOVED I) LOCAL CONSENT LIQUOR LICENSE APPROVED FOR KUN MEI HUANG, DBA MANDARIN SZECHUAN RESTAURANT; 2) CLASS II BEER LICENSE APPROVED FOR JOHN SMITH DBA SMITTY'S GOLDEN STEAK REQUEST FOR CITY ATTORNEY TO REVIEW AN ORDINANCE REGARDING COMPLIANCE WITH ALL CITY ORDINANCES BEING A CONDITION FOR ISSUING LICENSES REQUEST BY ANDREW RILEY TO SUBDIVIDE PROPERTY ALONG PEAR TREE LANE APPROVED WITH CONDITIONS Page 27 of 44 Exhibit #1; City Counci 6-4 1 MOAB CITY COUNCIL REGULAR MEETING May 14, 2002 The Moab City Council held their Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 115 West 200 South, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM. City Recorder/Assistant City Manager Rachel Ellison led in the Pledge of Allegiance. Also in attendance were Councilmembers Jeffrey Davis, Kyle Bailey, Gregg Stucki, Kirstin Peterson, and Rob Sweeten; City Manager Donna Metzler, City Treasurer Jennie Ross, Police Chief Mike Navarre, Planning & Community Development Director David Olsen and City Planner Robert Hugie. Twenty-two (22) members of the audience and media were present. There were no minutes to approve There were no Citizens to be Heard. Under City Planning, City Planner Hugie distributed a written report. A Public Works Department Update was not given. Under Police Department Update, Police Chief Navarre distributed a written report. Mayor Sakrison Proclaimed Libby Bailey and Kendall Walston as the Grand County High School Students of the Year. Mayor Sakrison Proclaimed May 15, 2002 as Students of the Year Day in Moab City. Mayor Sakrison Proclaimed May 2002 as Mental Health Month in Moab City. Under Presentations, Kara Dohrenwend made a presentation regarding the 400 East Underpass Area Landscaping Project. Kenneth F. Davey made a presentation regarding Economic Development. Councilmember Bailey moved to approve a Special Events License for Canyonlands Rodeo Club to Conduct Butch Cassidy Days June 6 to June 8, 2002. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a request by Moab Arts Festival for use of Swanny City Park on May 25 and 26, 2002 to conduct an Arts Festival. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a Special Events License for Moab Arts Festival to conduct an Arts Festival on May 25 and 26, 2002. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a request by Jon Olschewski to hold an amplified music event at Old City Park on June 8 REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD PLANNING UPDATE PUBLIC WORKS UPDATE POLICE DEPARTMENT UPDATE PROCLAMATIONS PRESENTATIONS SPECIAL EVENTS LICENSE FOR CANYONLANDS RODEO CLUB, APPROVED USE OF SWANNY CITY PARK BY MOAB ARTS FESTIVAL, APPROVED SPECIAL EVENTS LICENSE FOR MOAB ARTS FESTIVAL, APPROVED AMPLLFIED MUSIC EVENT AT OLD CITY PARK BY JON OLSCHEWSKI,APPROVED Page 28 of 44 Exhibit #2; City Coun 6-4 )2 and 29, 2002. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. For the Neptune ARB Meters, bids were received as follows: Hydro Specialties No Bid Grand Junction Pipe $23,541.75 Mountainland Supply $19,777.59 (did not bid Neptune meters) Councilmember Bailey moved to award the Neptune ARB Meters Bid to Grand Junction Pipe in the amount of $23,541.75. Councilmember Peterson seconded the motion. The motion carried 5-0 aye by a roll - call -vote. Councilmember Stucki moved to approve a Home Occupation License for Mel Atwood, d.b.a. YourSolutions.net to conduct an Internet Development and Consultation Business. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve a Revocable Use License for Quintstar Enterprises to fence a portion of the Cedar Avenue right-of- way. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve a right-of-way dedication on Pear Tree Lane as outlined in the legal description entitled Exhibit A. Councilmember Bailey seconded the motion. The motion carried 5-0 aye Councilmember Stucki moved to approve a Moved -on Structure Permit for Dennis Knibbe, d.b.a. H.E.C. Electronics, located at 300 South Main Street to conduct Car Audio Sales. Councilmember Sweeten seconded the motion. The motion carried 4-1 aye with Councilmember Peterson voting nay. Councilmember Peterson moved to approve Proposed Resolution #11- 2002 — a Resolution Adopting an Agreement for the Installation and Maintenance of Air Monitoring Equipment by and between Moab City, Utah, and the United States of America — Department of Energy. Councilmember Sweeten seconded the motion. The motion passed 5-0 aye. Councilmember Peterson moved to approve Proposed Resolution #09- 2002 — a Resolution Amending the City of Moab General Plan with the condition that on page 13, section D-2 the language "and lands in the City that are currently zoned C-4" be removed. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to send Proposed Resolution #13-2002 — a Resolution Adopting the Fiscal Year 2002-2003 Budget to Public Hearing. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve Proposed Resolution #14- 2002 — a Resolution Adopting an Interlocal Agreement as to the Funding, Installation and Maintenance of the Grand County High School Tennis Court Lighting System. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Mayor Sakrison opened a public hearing on Proposed Ordinance #2002- 03 — an Ordinance of the Governing Body of Moab Annexing Property Located at approximately 1266 North Highway 191 to the City of Moab, Page 29 of 44 NEPTUNE METERS BID NEPTUNE METERS BID AWARDED HOME OCCUPATION LICENSE FOR MEL ATWOOD, D.B.A. YOURSOLUTIONS.NET, APPROVED REVOCABLE USE LICENSE TO FENCE A PORTION OF THE CEDAR AVENUE RIGHT-OF- WAY, APPROVED RIGHT-OF-WAY DEDICATION ON PEAR TREE LANE, APPROVED MOVED -ON STRUCTURE PERMIT FOR DENNIS KNIBBE, D.B.A. H.E.C. ELECTRONICS, APPROVED PROPOSED RESOLUTION #1 l- 2002, APPROVED PROPOSED RESOLUTION #09- 2002, APPROVED PROPOSED RESOLUTION #13- 2002 SENT TO PUBLIC HEARING PROPOSED RESOLUTION #14- 2002, APPROVED PUBLIC HEARING OPENED 6-4 14 -a C a� a) Q EASEMENT QUIT CLAIM DEED DEBRA L. TRUMAN-BORDERS AND JOHN C. BORDERS, HEREBY GRANTS TO MOAB CITY, A MUNICIPAL CORPORATION, A 50.0 FOOT WIDE PUBLIC RIGHT-OF-WAY EASEMENT DESCRIBED AS FOLLOWS: A 50.0 FT. WIDE EASEMENT FOR PUBLIC ROAD AND UTILITIES IN THE NE 1/4 SECTION 7, T 26 S, R 22 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a point which bears West 1829.1 ft. thence North 677.9 ft. thence N 20°45' W 433.4 ft. from the East'/e comer Section 7, T 26 S, R 22 E, SLM, and proceeding thence N 89°09' E 306.4 ft., thence N 65°39' E, 84.5 ft., thence S 21°50' E 50.0 ft., thence S 65°39' W 90.0 ft., thence S 83°09' W 301.7 ft., thence N 20°45' W 51.5 ft. to the point of beginning. DATED this f day of I I ` , 2002. STATE OF UTAH ) ) ss. COUNTY OF GRAND ) On the I I� day of U , 2002, personally appeared before me Debra L. Truman -Borders and John C. Borders, who being by me duly sworn did say that she is the , and that said instrument was executed by authority. E 45?'a11. . 05E11 P 31 `� Date ZO-M Y- 00 9:59am Fee: No Fee Cash MERLENE MOSHER, Recorder Filed By MM For MOAB CITY GRAND COUNTY CORPORATION lytvc OPyi wirlub CINDY MIN MONTAGUE Notary Public State of Utah My Comm. ExpkesJan 4.2003 115 W. 200 S. Moab UT 84532 Page 30 of 44 Exhibit #3; "Right -of -Way Easement" 6-4 72 E 457.346 B 05�2 P 1'93 •— Date 4- UN-2002 6:0 pm i1 Fee: 10.00 Check / 9 PIERLENE PINNER, Recorder Recorded at Request of______________________________Fi LedTOr7By �fitfERS at M. Fee Paid GRAND COUNTY CORPORATION by----_---___-- —•-----____-- Dep. Book—__ Page_ __._ Ref,:________ Mail tax notice to AddressL! QUIT -CLAIM DEED i vh v‘ C . isO-avta mot. Trik(Y a.(\ ( fcl �---- grantor of , County of , State of Utah, hereby QUIT -CLAIM to C)ohUr\ C • ard�.0- ard� - � 1---Taxmdt-r\ �d . grantee of },dam for the sum of (J DOLLARS, the following described tract of land in County. State of Utah: PA RCM A A PARCEL OF LAND IN THE NE1 /4 SECTION 7, T 26 S, R 22 E, SLM. MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER WHICH BEARS WEST 1829.1 FT. THENCE NORTH 677.9 FT. FROM THE EAST 1/4 CORNER SECTION 7, T 26 S, R 22 E, SLM, AND PROCEEDING THENCE WITH THE WEST LINE OF THE BORDERS PARCEL N 2D'45'W 433.4 FT. TO A CORNER, THENCE N 83'09'E 106.6 FT. TO A CORNER. THENCE S 20'45'E 408.1 FT. TO A CORNER, THENCE S 69'45'W 72.3 FT TO A CORNER, THENCE S 68'37'W 31.3 FT. TO THE POtNT OF BEGINNING AND CONTAINING 1.00 ACRES, MORE OR LESS. CORNERS ARE MONUMENTED AS SPECIFIED ON THE ATTACHED PLAT. BEARINGS ARE BASED ON THE VALLEY CONTROL BEARING BETWEEN THE EAST 1/4 CORNER SECTION 7 AND THE C.C. NW CORNER SECTION 8 (BEARING=N 0' 29T). Wrrrrass the hand of said grantor , this e_ '-t a 00.2_ A. D. Signed in the presence of STATE OF UTAH, County of Ca r atrN d On the { SS. day of jv h e 020 O.2- T ++ personally appeared before me S©�r. C3orti.ar$ /}Nt> �IZ`prc L'i"r�,^•^ Ae• �Grzie1S the signer of the foregoing instrument, who duly acknowledge to same. My Address: %% (y/� • Gem Printing, Inc. •L(IC -Hage 30 Of 44 day of A, D. exe_u Notary ub L Exhibit #4; Quit 6-4 _ot 1 I/nsR 11 gt r „ L cd e e w Ix if 5 k'p§ifs 51 gi :; I ~ P`445 G?yg a -dPS 145 t2eah x- /" i42.0 N SZN01YJ6 1D SWIG NU, _. J MOON r N 0 n 0 4- Page 32 of 44 Exhibit #5; Plat Creati 6-4 DRAFT MINUTES OF THE MOAB CITY PLANNING COMMISSION January 23, 2003 Members Present: Dave Wood, Sam Taylor, Kara Dohrenwend, Dorothy Markle and Rodney Taylor Members Absent: City Staff: Others Present: Robert Hugie, ADMINISTRATION With a quorum present, Sam Taylor, Chairperson, opened the meeting at 6:03 P.M. 1. Approval of January 9, 2003 Minutes. Action: The Planning Commission unanimously approved the Minutes of January 9, 2003. 2. Home Occupation, 663 West WineSap Action: The Downard Home Occupation, a construction business located at 663 West WinSap, was unanimously approved on a motion by Dave Wood and a second by Rodney Taylor with the conditions that there be no outside storage of material or equipment. Discussion: Request by Joe Downard to locate a construction business in a mobile home located at 663 W. WineSap. Name of the proposed business is the Downard Family Framing, Inc. Owner of the property, Robert Downard, and owner of all the property that surrounds this parcel, has attached a letter giving his permission for the business to occur on his property. 3. Western River Expeditions Site Plan, 200 South Main Street Action: Planning Commission voted on a motion by Rodney Taylor a nd a second by Dorothy Markle to table the request to move Western River Expeditions into the old Taco Bell located at 200 South Main Street. The Planning Commission 1 Exhibit #6; Planning Commission minutes for January 23 Page 33 of 44 a d a) Q wanted a more detailed plan for the parking of customer cars "off -site" at their north 191 Hwy property. Discussion: Request by Western River Expeditions to relocate their business from North Hwy 191 to the old Taco Bell property located at the corner of Main and 200 South. Access, hard surface parking and landscaping are in place on the site. Change of commercial use from restaurant to retail service business will reduce required parking from 1 per 200sq. ft. to 1 per 300 sq. ft of building space. Parking appears adequate, however, there is the issue of parking for users of the service. When Western River approached the Planning Office, there was talk about using their old site on North Main for parking. What we don't want an excessive number of service users cars parking on the street. Outside storage is permitted but ONLY "behind an opaque or sight obscuring fence, wall or landscaping that is at least 6' in height." 4. Moab Brewery Expansion Site Plan, corner of Cedar Avenue and South Main. Action: On a motion by Kara Dohrewend with a second from Rodney Taylor the Planning Commission voted unanimously to approve a two (2) phase development scheme for expanding the Moab Brewery: A 4528 sq. ft brewery/bottling addition & a 1220 sq. ft addition to the restaurant, subject to: 1. Construction of road, curb, gutter and sidewalk along Cedar Ave.. 2. Construction of water system to cottonwood trees located along Cedar Ave. 3. Construction of adequate grease traps for the bottling and restaurant expansions. 4. Working with the Public Works Director to ensure adequacy of required improvements. Discussion: Request by Moab brewery to expand their operation in a two (2) phase development scheme (site plan and narrative included): a. A 4500 to 5500 sq. ft expansion to house a bottling operation. Expansion would occur on the rear of the building as shown by the site plan. As a light industrial use, 1 off-street paved parking space per 2 employees is required. There will be two employees. Improvements to the public right-of-way (curb, gutter, sidewalk & road) are required and are shown on the site plan. Pavement of truck access area is also strongly recommended. A new grease trap is required (Public Works). b. A 1200 to 1800 sq. ft expansion to the restaurant for restaurant purposes is also proposed in this site plan. That addition would require an additional 6 to 9 paved off-street parking spaces. It is expected that two new employees would be hired. All existing parking is needed to serve the existing restaurant. Some of the additional parking could be accommodated in the rear of the building (for employees). Planning 2 Page 34 of 44 6-4 as -a c a> a) Q Commission could also consider allowing some on -street parking to satisfy requirements of restaurant expansion. An approved grease trap is also required (Public Works). 5. Borders Subdivision, Pear Tree lane Action: On a motion by Rodney Taylor with a second from Kara Dorhrewend, the Planning Commission voted unanimously to re commend approval of the Borders Subdivision and to recommend that required improvements for said subdivision be waived by the City Council. Discussion: Request by Deb Truman/Borders to subdivide an approximately 3 acre parcel into two lots. Purpose of the request is to obtain a loan from her bank to complete construction of the house. Her bank would not grant a housing loan on the three acres because there were too many fruit trees. Her option was to cut the trees. The City Council had approved the building permit for the house, on three acres, on May 14, 2002 without the requirements or bond to put in curb, gutter, sidewalk or road. However, a 50 foot easement for the road was requested and signed by the property owners. A subdivision was not then suggested because of the requirement to put in said improvements for subdivisions (12-08-060 & 16.20.050). City Council had not waived subdivision improvement requirements before, to my knowledge. Border's property was later divided into lots, by metes and bounds, and recorded. Planning Office turned its head but told Deb that only one building permit would be allowed for the entire parcel. The bank has now requested that proof of acceptance by the City for the subdivision, be submitted. Because the City did not recognize the subdivision, there is none. So what Deb is requesting is a formal recognition of the subdivision. A plat will be submitted at the meeting. She is also asking that subdivision improvements not be required which is permissible by the City Council on recommendation from the Planning Commission (16.08.030). 6. Main Street Renovation in 2005: Discussion about reducing parking requirements for businesses located along Main Street between 100 South and 100 North. Discussion: Representatives from the Main Street Design Committee presented to the Planning Commission some ideas about the re -construction of Main Street. Their interest was to keep the Commission informed and get them to consider revising the City Parking Ordinances. The P.C. was appreciative and supportive of the Committee's effort. 3 Page 35 of 44 6-4 co -a c a� a) Q MOAB CITY COUNCIL REGULAR MEETING January 28, 2003 The Moab City Council held their Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 115 West 200 South, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 5:00 PM. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and a Citizen led in the Pledge of Allegiance. Also in attendance were Councilmembers Gregg Stucki, Kirstin Peterson, Jeffrey Davis, Rob Sweeten and Kyle Bailey; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Planner Robert Hugie, City Treasurer Jennie Ross, Planning and Community Development Director David Olsen and Police Chief Michael Navarre. Sixteen (16) members of the audience and media were present. Councilmember Davis moved to approve the Regular Council Meeting Minutes of January 14, 2003. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. There were no Citizens to be Heard Under City Planning, City Planner Hugie distributed a written report. A Public Works Department Update was not given. Under Police Department Update, Councilmember Sweeten inquired if speed enforcement had been increased on 500 West. Police Chief Navarre stated that citations were being written. Under Presentations, Scott Patterson made a presentation on behalf of Northwest Pipeline/Williams Pipeline Company regarding easement issues in the Mountain View Subdivision. Councilmember Sweeten moved to approve the Consent Agenda as follows: I) Request for Approval of a Special Events License for the Canyonlands Half Marathon and Five Mile Run to be Held on March 15, 2003; 2) Confirmation of Mayoral Appointments to the Moab Arts and Recreation Center Board of Teresa Minear and Debra Hughes with terms ending 12/31/03, Marlene Huckabay, Katie Watkins and Joan Sangree with terms ending 12/31/04; 3) Confirmation of Mayoral Appointments to the Shade Tree Commission of Marjorie Wagner, Chace Gholson and Michael Johnson with terms ending 12/31/05; 4) Confirmation of Mayoral Appointment to the Grand County Hospital Board of Bill Stevens; 6) Request to Send Proposed Resolution #04- 2003 — A Resolution Amending the Fiscal Year 2002 — 2003 Budget to Public Hearing. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a Temporary Class II Beer License for Howard McKay Edwards, d.b.a. The Ranch House Restaurant Located at 1266 North Highway 191. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to accept a Petition for Annexation by January 28, 2003 Page 1 of 3 Page 36 of 44 REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD PLANNING UPDATE PUBLIC WORKS UPDATE POLICE DEPARTMENT UPDATE PRESENTATION CONSENT AGENDA TEMPORARY CLASS II BEER LICENSE FOR THE RANCH HOUSE, APPROVED ACCEPTANCE OF ANNEXATION PETITION Exhibit #7; Council minutes for Jam 6-4 co -a c a� a) Q Dan Holyoak, Mary Colleen Taylor, Colin Fryer, and Robert Tangren for Property Located at Approximately 450 West Williams Way. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve Pear Tree Estates Subdivision with Exceptions to the Moab City Subdivision Ordinance that lot two be restricted from development until such time that curb, gutter, sidewalk and other required improvements are in place. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to Send Proposed Ordinance #2003-02 - An Ordinance Amending the City of Moab Annexation Policy to Public Hearing. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve Proposed Ordinance #2003-01 - An Ordinance Amending Title 2, of the Moab Municipal Code Regarding Purchasing Procedures. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be read. An Administrative Report was not given. Under Goal Update, Councilmember Davis stated that he attended a very positive meeting regarding higher education and targeting private colleges. Councilmember Davis stated that he would attend another meeting on February 13, 2003. Councilmember Sweeten stated that he had attended a Community Council meeting at Helen M. Knight Intermediate School and that he was in favor of U.S. Representative Mattheson's legislation of "no child left behind". Councilmember Stucki stated that he had attended a Community Council meeting at the Grand County High School and that they were involved in the accreditation process. Councilmember Stucki also stated that he had attended a public hearing on the lighting ordinance and that is was very different from the last process and he found it helpful to be involved. Under Mayor and Council Reports, Mayor Sakrison stated that he, Councilmembers Bailey and Peterson had attended the Local Official's Day at the State Legislature, had met with representatives and had discussed the City's application to the Community Impact Board. Mayor Sakrison also stated that the Solid Waste District was estimating a $122,000 shortfall and would be faced with possible rate increases or reduced operational hours. Mayor Sakrison stated that the shortfall for this year can be covered from reserve but that it needs to be addressed for next year and that the District has applied for Transient Room Tax Funds. Councilmember Peterson stated that she had reviewed a state resolution to reduce light pollution and had me with the sponsor, Ron Allen. Councilmember Peterson stated that the Trails Mix Committee was pursuing state funding for non -motorized trails and that the stated needed to be lobbied to not cut trail funds. January 28, 2003 Page 2 of 3 Page 37 of 44 PEAR TREE ESTATES SUBDIVISION APPROVED WITH EXCEPTIONS PROP ORD #2003-02 SENT TO PUBLIC HEARING PROP ORD #2003-01 APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS GOAL UPDATES MAYOR AND COUNCIL REPORTS ' 6-4 co -a c a� a) Q Councilmember Peterson moved to pay the bills against the City of Moab in the amount of $85,102.20. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Ruch moved to adjoum. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. APPROVAL OF BILLS MOTION TO ADJOURN Mayor Sakrison adjoumed the Regular Council Meeting at 7:58 PM. ADJOURNMENT APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder January 28, 2003 Page 3 of 3 Page 38 of 44 6-4 co -a c a> a) Q Lots 1 and 2 of Pear Tree " Page 39 of 44 7 6-4 Page 40 of 44 6-4 co -0 c w cn 1111 i Kt•.nro Una 4•�W..... 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