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HomeMy Public PortalAboutPKT-CC-2017-10-10Moab City Council October 10, 2017 Pre -Council Workshop 5:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 79 Page 2 of 79 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, October 10, 2017 at 5:30 p.m. ..........................................•••••••••••••••••••••••••••• 5:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: SECTION 7: Workshop — Culinary Water Study Update — Marc Stillson CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 September 26, 2017 1-2 October 4, 2016 CITIZENS TO BE HEARD PROCLAMATIONS None PRESENTATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for September 2017 for Helen M. Knight School PUBLIC HEARING (Approximately 7:15 PM) 5-1 Proposed Ordinance #2017-33 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab Located at approximately 1001 North and 500 West and 967 North and 500 West OLD BUSINESS 6-1 Approval of Proposed Resolution # 55-2017 — A Resolution Approving an Extension of the Existing Solid Waste Collection Franchise Agreement NEW BUSINESS 7-1 Approval of Proposed Resolution # 56-2017 — A Resolution In Support of Extension of the Deferred Action for Childhood Arrivals (DACA) Program; Permanent Legal Status for Dreamers; and Urging Utah's Entire Congressional Delegation to Support the Passage of Permanent Dream Act Legislation within Six Months 7-2 Approval of Proposed Resolution # 57-2017 — A Resolution Concerning Victim Targeting 7-3 City Manager Annual Report 7-4 Fiscal Year 2016-2017 Budget Closeout Report Page 3 of 79 7-5 Approval of a Request to Send Proposed Resolution # 58-2017 — A Resolution Amending the Fiscal Year 2017-2018 Annual Budget to Public Hearing on November 14, 2017 at Approximately 7:15 PM 7-6 Request for Approval of a Competitive Proposal/Bid — as outlined in Moab Municipal Code 2.28.050 for the Purchase of Eight LED Speed Limit Signs in an amount not to exceed $30,800.00 SECTION 8: ADMINISTRATIVE REPORTS SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: READING OF CORRESPONDENCE SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 12: EXECUTIVE CLOSED SESSION 12-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual 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 Page 4 of 79 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING SEPTEMBER 26, 2017 Regular Meeting & Attendance: 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. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre -Council Workshop: Mayor David Sakrison called the Workshop to order at 6:31 PM. In attendance at the workshop were Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson-Boyd and Kalen Jones. Councilmember Kyle Bailey was absent. Also in attendance were City Manager David Everitt, Human Resource Manager/Deputy Recorder Danielle Guerrero, City Attorney Chris McAnany, Public Works Director Pat Dean, Planning Director Jeff Reinhart, Planning Assistant Sommar Johnson, Communications Director Lisa Church, Sustainability Director Rosemarie Russo and Recorder Assistant Eve Tallman. The Workshop consisted of a Discussion Regarding the Elimination of Conditional Use Permits (CUPS) from the Municipal Planning Code. City Planner Reinhart presented a report on the effort to eliminate conditional uses from the Code. He noted the revision would be ready for Council consideration in upcoming weeks. Councilmember Derasary asked for a brief explanation for the public to understand why there is a need to removed conditional uses from the code. Planner Reinhart and City Attorney McAnany described recent Utah legislation that may interpret conditional uses as accepted uses. Councilmember Knuteson-Boyd asked if the movement away from CUPS would be fair to future development. Reinhart explained one example that has come up across the country is permitting bed - and -breakfast businesses in residential areas. At the conclusion of Reinhart's presentation, Councilmember Derasary asked about the recent change to the City code regarding serving alcohol at city -permitted events. Derasary also asked about the agenda item regarding the South Trunk Sewer Line. Mayor Sakrison next reported on a meeting he recently attended where he discussed a grant opportunity to install photovoltaic charging stations for automobiles in Moab. City Manager Everitt announced that ballots for the municipal election would be mailed October 17. Everitt next updated the Council on the Fall chipseal project. He said the project would take approximately one month, and that a $5000 change order would be approved at the staff level for added scope. He next mentioned the Utah Department of Transportation (UDOT) hotspot funding for planning in highway regions around the state that are impacted by recreation traffic congestion. Regular Meeting Called to Order: Mayor Sakrison called the Regular City Council Meeting to order at 6:59 PM and led the Pledge of Allegiance. Twenty-six members of the public and media were present. Page 1 of 5 September 26, 2017 Page 5 of 79 1-1 Minutes Approval of Minutes: Councilmember Derasary moved to approve the minutes of the September 5 and 12, 2017 meetings. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Citizens to be Heard: Dr. Ray Andrew spoke in favor of affordable housing. He stated that, as a small business owner, he has trouble recruiting and hiring good employees from out of town because they cannot find affordable housing. He noted that he finds this to be true among many small business owners in Moab. He urged the Council to explore ways to solve the affordable housing dilemma. Presentations: Public Works Response to Area Flooding: Public Works Director Pat Dean reported on the City response to the flood events in late July and mid -September. Grand County Solid Waste Special Services District #1: Deb Barton of the Grand County Solid Waste District made a report to the Council. She noted the District had recently made two new hires. She also reported statistics regarding the landfills, notably the average of thirteen pounds of solid waste produced per day per capita. She compared this statistic to a national average of 4.4 pounds per day. She also reported a twelve percent recycling rate at the Klondike Landfill, which is a higher rate than in the past. Councilmember Derasary asked about the new baler. Rocky Mountain Power Energy Cooperation Statement: Deb Dull, Regional Business Manager for Rocky Mountain Power, introduced George Humbert, Customer and Community Regional Manager, and Clay Monroe, Commercial and Industrial Supply -Side Manager. Mr. Monroe described the Wattsmart Communities program. He stated Moab has been selected to be the first Wattsmart Community, and the Rocky Mountain Power staff will assist in the development of the Moab Community Energy Plan. He outlined the elements of the program, including workshops and assistance in the identification of baseline photovoltaic use in Moab, energy efficiency incentives, and an action plan for the City. Councilmember Jones asked about the selection of Moab to be the first and Monroe noted the readiness of the City for such a venture, including the recently -adopted renewable energy goal. Councilmember Derasary asked about the time commitment expected. Councilmember Jones asked if one aspect of the program would be to assist the City in managing power demand. Special Events/Vendors/Beer Licenses: American Alpine Club Moab Craggin' Classic —Approved Motion and Vote: Councilmember Jones moved to approve licenses and permits for the American Alpine Club Moab Craggin' Classic 2017 at Center Street Ball Fields October 27 and 28, 2017, with conditions. Councilmember Knuteson-Boyd seconded the motion. The motion carried 4-0 aye, with Councilmembers Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Amplified Music Event —Approved Motion and Vote: Councilmember Ershadi moved to approve licenses and permits for an Amplified Music Event at Old City Park on October 6, 2017 with conditions, for Richard Mick. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Ershadi, Jones, Derasary Page 2 of 5 September 26, 2017 Page 6 of 79 1-1 Minutes and Knuteson-Boyd voting aye. Waiver of Park Use Fee —Approved Motion and Vote: Councilmember Derasary moved to approve a Waiver of a Park Use Fee (not to exceed $85) by Friends of Indian Creek to hold a Family Extravaganza at the Boulder Park and Lions Park Pavilion on Friday, October 27, 2017, with one condition. Councilmember Ershadi seconded the motion. The motion passed 4-0 with Councilmembers Jones, Knuteson-Boyd, Ershadi and Derasary voting aye. New Business: (1:14 on recording) Solid Waste Collection Franchise Agreement —Tabled Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #55-2017 — A Resolution Approving an Extension of the Existing Solid Waste Collection Franchise Agreement. Councilmember Knuteson-Body seconded the motion. City Manager Everitt proposed a change to the proposal to include the management of refuse cans by the contractor. The proposal was viewed favorably and the contractor was in the audience and gave positive input. City Attorney McAnany suggested the new language could be firmed up for a future vote. Councilmember Jones then moved to table the motion, and Councilmember Knuteson-Boyd seconded the motion to table. The motion to table passed 4-0 with Councilmembers Jones, Knuteson-Boyd, Ershadi and Derasary voting aye. Development Improvements Agreement with Moab Springs Ranch —Approved Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #54-2017 — A Resolution Approving a Development Improvements Agreement with Moab Springs Ranch. Councilmember Jones seconded the motion. The motion passed 4-0 with Councilmembers Jones, Knuteson-Boyd, Ershadi and Derasary voting aye. Shumway Annexation —Discussion (1:19 on recording) City Planner Reinhart presented a briefing on the Proposed Shumway Annexation. He outlined the process involved in an annexation. City Manager Everitt noted the evening's discussion represented a preliminary briefing in advance of the public hearing to be held at the October 10, 2017 Regular Council Meeting. It was stated that no action would be taken on the proposed annexation until the November 14, 2017 meeting, at the earliest. Planner Reinhart said the annexation applicants have proposed C-4 and R-4 zoning from the current County Rural Residential zoning. Reinhart noted the proposal would include a 56-foot wide gap between neighboring R-2 properties, comprised of a street right-of-way in addition to a landscape buffer. Reinhart pointed out access to the property would be from 500 West. Councilmember Knuteson-Boyd asked about the rationale for requesting commercial rather than all R-4 zoning. Councilmember Ershadi pointed out the difficulties that arise regarding the proximity of R-2 and C-4 zones. 100 West Sewer Replacement Project Professional Services —Approved Motion and Discussion: Councilmember Ershadi moved to approve a Task Order with Bowen Collins & Associates to Provide Professional Services for the 100 West Sewer Replacement Project. Councilmember Derasary seconded the motion. City Engineer Williams made a brief presentation about the 100 West Sewer Project. Councilmember Jones asked about the procurement process for this item. Councilmembers Derasary and Ershadi asked about potholing and blue stakes in the area. Vote: The motion passed 4-0 with Councilmembers Jones, Knuteson-Boyd, Ershadi and Derasary voting Page 3 of 5 September 26, 2017 Page 7 of 79 1-1 Minutes aye. South Area Sewer Trunk Line Professional Services —Approved Motion and Vote: Councilmember Jones moved to approve a Task Order with Bowen Collins & Associates to Provide Professional Services for a Geotechnical Investigation of the South Area Sewer Trunk Line, in an amount not to exceed $20,000. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Jones, Knuteson-Boyd, Ershadi and Derasary voting aye. Entrada Development Contamination Issue —Report (1:47 on recording) City Manager Everitt presented an After Action Report on the Entrada Development Contamination Issue. Mayor and Council Reports: Councilmember Jones reported he had been briefed on an upcoming presentation by graduate students regarding a lighting inventory as part of a Dark Sky project. Discussion ensued regarding whether that presentation would need to be posted as a Council meeting if a quorum of Councilmembers attended. Councilmember Ershadi described a Homeless Coordinating Committee meeting she attended with Police Chief Jim Winder. She noted the next meeting would be October 11 at 1:00 PM. Councilmember Derasary noted she attended a Wabi Sabi meeting, as well as a meeting of the Canyonlands Healthcare Special Service District and a meeting about geo-design regarding housing potential. She also mentioned a proposed upcoming resolution on the Deferred Action for Childhood Arrivals (DACA) Act, as well as State Senator Thatcher's bill intended to stiffen the punishment for bias - related crimes including those related to gender identity. City Attorney McAnany reported that he is working on a draft document regarding electronic participation at City Council meetings. Councilmember Jones noted his support for the change. Mayor Sakrison and Councilmember Bailey stated their non-support for the change. Approval of Bills Against the City of Moab: Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $1,311,580.16. Councilmember Knuteson-Boyd seconded the motion. The motion carried 4-0 aye, with Councilmembers Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Executive Session: Councilmember Knuteson-Boyd moved to enter an Executive Closed Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Jones seconded the motion. The motion passed 4-0 with Councilmembers Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The Executive Closed Session was entered into at 8:39 PM. Councilmember Ershadi moved to end the Executive Closed Session and enter into open session. Councilmember Jones seconded the motion. The motion passed 4-0 with Councilmembers Jones, Knuteson-Boyd, Ershadi and Derasary voting aye. The Executive Closed Session ended at 9:41 PM. Page 4 of 5 September 26, 2017 Page 8 of 79 1-1 Minutes City Manager Employment Agreement —Approved Motion and Vote: Councilmember Ershadi moved to approve Proposed Resolution #53-2017—A Resolution Approving the Employment Agreement by and between the City of Moab and David Everitt for the Position of City Manager. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Jones, Knuteson-Boyd, Ershadi and Derasary voting aye. Adjournment: Councilmember Ershadi moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion passed 4-0 with Councilmembers Jones, Knuteson-Boyd, Ershadi and Derasary voting aye. Mayor Sakrison adjourned the meeting at 9:42 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 5 of 5 September 26, 2017 Page 9 of 79 1-1 Minutes MOAB CITY COUNCIL MINUTES -- DRAFT SPECIAL JOINT MOAB CITY COUNCIL/GRAND COUNTY COUNCIL MEETING OCTOBER 4, 2017 Special Meeting & Attendance: The Moab City Council held a Special Joint City/County Council Workshop Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at www.utah.gov/pmn/index.html. Special Meeting Called to Order: Grand County Council Chair Jaylyn Hawks called the Special Joint City/County Council Workshop Meeting to order at 12:03 PM with Governor Gary Herbert and State Senator David Hinkins. In attendance were Moab City Councilmembers Rani Derasary, Tawny Knuteson- Boyd and Kalen Jones, Mayor David Sakrison, City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, Special Projects Director Amy Weiser, Sustainability Director Rosemarie Russo and Recorder Assistant Eve Tallman. Also in attendance were Grand County Councilmembers Jaylyn Hawks, Mary McGann, Curtis Wells, Greg Halliday and Evan Clapper, County Council Administrator Ruth Dillon, Community Development Director Zacharia Levine and County Clerk Diana Carroll. Forty-five members of the public and media were present. Economic Development and the 25,000Jobs Initiative Update: Governor Gary Herbert spoke about the high quality of life in Utah and the robust Utah economy, and also noted his concern about economic development in rural Utah. He expressed his interest in hearing from the assembled group for ideas regarding economic development. Grand County Councilmember Curtis Wells opened the discussion by commending the 25K jobs initiative. Proposed Short -Term Rental Amendments - HB 253: Wells next moved to the topic of short-term rental legislation. He mentioned the City/County opposition to the bill proposed in the Utah legislature last year. Next, Mayor Sakrison spoke on this topic. Governor Herbert asked for clarification about how nightly rentals in residential areas impact the affordable housing issue. The Governor stated his support for the economic philosophy of supply and demand. Wells stated that nightly rentals in residential neighborhoods degrade the quality of life in those neighborhoods, and also excludes that local working class from the housing market. Wells stated he believes short-term rental zoning should be under local control. The Governor reiterated his support for private property rights, and added that local entities should be able to determine appropriate local zoning codes. State Senator David Hinkins mentioned the confusion of charging primary residence taxes on second homes if they are rented, even as vacation rentals. Governor Herbert gave an example of Provo changing zoning to cut down on student housing in residential neighborhoods. Utah State University -Moab (USU-Moab) Campus: Councilmember Wells stated that Moab's number one export is its children. He explained the concept of USU-Moab as a destination campus and noted local support for the proposed campus. USU-Moab Executive Director Dr. Lianna Etchberger spoke about raising revenues for the new campus by touting the destination campus theme plus supporting a workforce. The Governor asked what would be requested from the State. Dr. Etchberger stated that money is needed for the new campus, to support new programs, and to hire new faculty. The Governor explained that Moab's needs must be addressed by the college president and board of trustees, and also Page 1 of 4 October 4, 2017 Page 10 of 79 1-2 Minutes the State -level regents. He then suggested approaching the legislature, with specific requests for earmarks, programs, and hiring assistance. Councilmember Wells gave an overview of progress on the USU-Moab plan, including Mayor Sakrison acting to secure a Permanent Community Impact Board (CIB) loan for an access road and infrastructure. Dr. Steve Hawks, former USU-Moab Dean, noted the amazing support of the community. The Governor noted that Mike Mower, the Governor's representative on the School and Institutional Trust Land Administration (SITLA) advisory board, voted yes on USU-Moab. S100 Million Utah Department of Transportation (UDOT) Appropriation - SB 277: Councilmember Wells stated the $100 Million appropriation for the Utah Department of Transportation to support congestion mitigation in key outdoor recreation corridors is a good direction for the state, signifying outdoor recreation is doing its job in Utah's economy. Wells outlined the dilemma of Highway 191 serving as Moab's Main Street. Wells noted that Moab is seeking $300,000 for planning for congestion mitigation and related economic development issues. City Manager David Everitt noted he is grateful for partnership with UDOT staff, including Carlos Braceras and Rick Torgerson. The Governor also praised UDOT and urged Moab and Grand County to pursue the appropriation funding and noted the return on investment in Grand County is high. He added that, if Utah doesn't get a handle on transportation infrastructure, the economy will suffer. Transient Room Tax (TRT) Law and Collection Issue: Councilmember Wells noted there has been a healthy debate locally. He added that promotion of tourism has enabled the economy we now have, and stated that Moab is now a mature tourism destination. He stated that there are now only two months of "off season." The flip side, he added, is that visitation volume has doubled. Kate Cannon, Superintendent of the Southeast Utah Group of the National Park Service, stated that Arches National Park has had 1.6 million visitors per year. Councilmember Wells stated that it is important for the local governments to assume the ability to mitigate impacts of tourism using the TRT revenues. He mentioned that the percentage of revenue that must be used for more publicity should be reduced. He stated the issue surrounds the equitable use of revenues for mitigation including infrastructure, emergency services, and police versus more promotion. Governor Herbert encouraged local officials to have this conversation with the Utah Association of Counties (UAC) regarding amendments to the law for mitigation versus promotion. Wells next introduced the issue regarding the local ability to collect TRT. He reiterated the local control issue. He noted that six years ago, the law changed, giving the State control of collecting TRT. The Governor affirmed this was due to a lack of trust in the accountability of some local governments. Moab Area Travel Council Director Elain Gizler stated the County paid $158,000 to the State to collect TRT fees on behalf of Grand County. The Governor recommended working with UAC to change the law. Senator Hinkins added that some local jurisdictions wanted the State to take on this tax collection. The Governor recommended a discussion that may result in legislation providing more flexibility in how TRT revenues can be spent, specifically for infrastructure and roads. He noted that a successful economy in Utah is due to diversification, and TRT monies should be able to be used to diversify the economy. Future considerations: Superintendent Cannon provided an update on Arches National Park. She stated that visitation at Arches is booming and that a reservation system is proposed to create a manageable pattern of visitation. She stated that the current usage patter resulted in forty percent unused capacity. The added that the Park seeks to provide a quality experience for visitors. She pointed out the rehabilitation of the park's roads is happening for the first time in fifty years, with a plan to finish in November. Councilmember Wells concurred that it is a real challenge with tourists spending one to two Page 2 of 4 October 4, 2017 Page 11 of 79 1-2 Minutes hours in line to enter the Park for this world-renowned resource, and lacking quality of experience. Senator Hinkins brought up former Congressman Chaffetz's recommendation to add another entrance to the Park. Superintendent Cannon responded that a second entry wouldn't be a solution, since Delicate Arch and the Windows area are gridlocked destinations. Cannon added that the reservation system is proposed to ensure a steady stream of visitors throughout the day, and throughout the year. Governor Herbert stated that there may not be a need for a second entry. He added that people don't like to hear it, but a reservation system might be best. Senator Hinkins praised the Governor for providing funding to open the Park during a recent federal government shutdown. Councilmember Knuteson-Boyd asked the Governor to reconsider the recently -legislated blood alcohol limit due to it having a negative impact on businesses, and also to recognize Moab's stance on public lands. Councilmember Derasary requested input about how to communicate about Moab's housing needs, including short-term rental legislation, and legislative control over Utility Transport Vehicles (UTV/ATVs) on local thoroughfares; she also advocated support for the upcoming victim targeting bill. Councilmember Jones mentioned the 25,000jobs is a great metric, and in Moab we have a problem of quality of jobs paying a living wage. He also mentioned the need for local governments to manage lands within municipalities. Councilmember McGann also noted the UTV/ATV issue as well as affordable housing. Councilmember Wells praised the Governor's approach to the Bears Ears designation. Wells noted the need for a balanced plan and respect for the local culture. He noted environmentalists were influencing tribes. Councilmember Halliday suggested UTV/ATV muffler requirements could be a solution to the noise concerns. He added that the Castle Valley Volunteer Fire Department was having a tough time getting volunteers and hoped the State could come up with incentives. Councilmember Clapper mentioned the divisiveness locally surrounding the public lands issues, and noted his relief that clean water as a priority for the Governor. He added that clean air in the area's national parks is an issue. He stated that clean air is important for all Utah citizens, and he supports the Environmental Protection Agency's efforts. Closing Remarks: Governor Herbert addressed the Councilmember concerns in his closing remarks. He stated that change is a constant. He lamented the distortion of messages from right and left. He stressed that he wants to understand clearly what local governments want. On the blood alcohol level issue, he stated the new law is not about drinking, but about impaired driving. He suggested that perhaps the lowest blood alcohol level should have different penalties. He stated that, with regard to public lands, divisiveness is bad. He mentioned his impression of the mischaracterization of the State's position. He said it is clear we are a public lands state, but he wants to optimize management of public lands. He stated he agrees with Councilmember Wells on Bears Ears. He stated it is a myth that the State wants to develop energy in the Bears Ears region. He stated that the Bureau of Land Management (BLM) has the ability to regulate areas even more than a monument status, including limiting access to archeological sites. He stated it is tougher to privatize public lands in Utah than elsewhere. He noted the profit would go to federal government anyway. He urged attendees to communicate with Mike Mower regarding the housing issues, or the constituency services office. He discussed the irony of the Off -Highway Vehicle (OHV) issue. He stated that perhaps the approach is to tweak the law regarding acceptable noise levels. He said that different sides need to come together regarding the upcoming hate crimes legislation. He went on to say that, with regard to job quality, the living wage idea is not part of the free market place. He urged the local governments to work together to develop a plan and to broaden opportunity and incentives. Page 3 of 4 October 4, 2017 Page 12 of 79 1-2 Minutes With regard to zoning and local control, the Governor stated he supports that. On the topic of volunteer fire departments, he noted that Utah leads the nation in volunteerism. He raised the question of paying the fire fighters, and added that it is not a State issue. He defended his stance on clean air. He said that the State needs to balance jobs with clean air. He confirmed that the public wants sustainable, clean, affordable energy and noted that most pollution is from vehicles. Adjournment: Councilmember Clapper moved to adjourn the meeting. Councilmember Derasary seconded the motion. County Council Chair Hawks adjourned the meeting at 1:48 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 4 of 4 October 4, 2017 Page 13 of 79 1-2 Minutes Moab City Council Agenda Item Meeting Date: October 10, 2017 #:_ PI-17-143 Title: Public Hearing for the Review of Council 2017-33 to Approve the 10-Acre Shumway Property Annexation Located at 963 and 1001 North 500 West and Applying a Zoning Designation Date Submitted: October 2, 2017 Staff Presenter: Jeff Reinhart, City Planner Attachment(s): Draft Ordinance #2017-33, PC approved minutes-8-10-2017, aerials, annexation plat, annexation evaluation, use comparisons/purpose for specific zones, public comments Options: Approve as submitted, deny, or modify. Recommended Motion: I move to adopt Ordinance #2017-33 to approve the annexation of the Shumway Property 963 and 1001 North 500 West, into the City of Moab and the Zone Districts of C-4 and R-4 be applied as submitted. Background/Summary: The Shumways are requesting the annexation into the City of two lots that are approximately ten acres in size and located at 963 and 1001 North 500 West. The land is currently zoned Rural Residential (RR) and the historic uses are a single-family residence and industrial uses. The requested zoning includes C-4 that will be applied to the eastern three -acre portion of their property that abuts 500 West and the C-4 on the east and north along Main Street. The requested R-4 zoning would be applied to the seven (7) acres farther west, much of which is adjacent to the Palisades Subdivision. (Please refer to attached aerials and drawings.) The Planning Commission reviewed the application at their meeting held on August 10, 2017. There was considerable discussion about the zoning, but the Commission could not reach a consensus. Subsequently, a 2-2 vote killed a motion to refer the annexation to City Council with a recommendation for the zoning. Council must now determine the appropriate zones for the properties and several use lists have been provided for comparison of the uses in the considered zones. Page 14 of 79 5-1 Public Hearing The attached Review (PL-17-117) contains an evaluation of the proposed annexation as required by MMC 1.32. Page 15 of 79 5-1 Public Hearing ORDINANCE #2017-33 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING THE SHUMWAY PROPERTIES TO THE CITY OF MOAB WHEREAS, on June 26, 2017, the City of Moab received a petition for annexation of certain properties approximately ten (10) acres in size as described in Exhibit "1" hereto; and WHEREAS, the property is proposed for urban development as defined by Utah State Law; and WHEREAS, the landowners of the affected property have consented to and petitioned for this annexation and the City Recorder on July 31, 2017, certified that the application complies with applicable law; and WHEREAS, the Moab Planning Commission reviewed the application in a public meeting held on August 10, 2017, to review the requested zoning for C-4, General Commercial Zone, and R-4, Manufactured Housing Residential Zone and determined that the requested C-4 Zone was appropriate but could not reach agreement on the appropriate residential zone; and WHEREAS, the Moab Planning Commission in a 2-2 vote failed to reach a decision to recommend a zoning to City Council; and WHEREAS, the City Council must consider comments from affected entities, if any, and no notice of protest has been filed subsequent to the publication of notice of the application, as required by law; and WHEREAS, the City Council has determined that the property meets the requirements of the City's annexation policy plan; and WHEREAS, the City Council has determined that the property meets the annexation requirements of Utah State Code; and WHEREAS, the governing body has held the appropriate public hearings, given the appropriate public notice and received public input. NOW, THEREFORE, be it ordained by the governing body of the City of Moab that: The property known as the Shumway Annexation as described in "Exhibit 1" and illustrated on the attached plat, "Exhibit 2", and located at 963 and 1001 North 500 West, is hereby annexed into the City of Moab and the zoning designations, determined by City Council without a recommendation from the Planning Commission, shall be and . Page 16 of 79 5-1 Public Hearing This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. PASSED AND APPROVED THIS DAY OF , 2017. ATTEST: Rachel Stenta City Recorder David L. Sakrison Mayor Page 17 of 79 5-1 Public Hearing EXHIBIT 1 Beginning at a point on the Moab City limits, said point being N 00°31' E 729.90 feet from the East Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running along said city limits thence S 89°46' W 548.60 feet; thence S 00°03' W 5.40 feet; thence N 89°57' W 1646.98 feet; thence SOUTH 197.38 feet along ownership line; thence EAST 903.00 feet to a point on Moab City Limits; thence EAST 1290.74 feet along city limits; thence N 00°31' E 203.6 feet the point of beginning 435,181 SQ. FT. OR 9.99 ACRES Page 18 of 79 5-1 Public Hearing Exhibit 2 Page 19 of 79 5-1 Public Hearing /0_1110.11,J .aocroaH unnaa .LLIJ EV.% 0,011detl Laa 1,1M101:16:1V110.11,5 ,I11,11,1000.5,0 NOIld1.530 AGIV.1110E1 3.01A11.0. mr, z.op Page 20 of 79 5-1 Public Hearing MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: AUGUST 10, 2017 :: Members Present: Allison Brown, Jeanette Kopell, Wayne Hoskisson, Joe Downard, Laura Uhle Members Absent: None City Councilmembers: Kalen Jones City Staff: Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson Public Members: 20 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Planning Commission Chair Laura Uhle called the meeting to order at 6:00 pm. 1. Citizens to be Heard There were no citizens to be heard 2. Action Item Approval of Minutes: July 27, 2017 Commissioner Downard moved to approve the minutes of July 27, 2017. Commissioner Brown seconded the motion. Commissioner Uhle mentioned that there is a typo that needs to be corrected from quick claim to quit claim in the minutes. The motion carried 5-0 aye. 3. Action Item — Planning Resolution 38-2017 A Resolution Favorably Recommending to Council Ordinance 2017-33, Approving the Annexation Of the Shumway Property and Approving the Requested C-4 and R-4 Zoning. Planning Director Reinhart gave an overview of the proposed Planning Resolution 38-2017 of the Annexation of the Shumway Property and the rezoning of C-4 and R-4. Commissioner Uhle asked for a description of where the R-4 and C-4 are located on the map. Director Reinhart explained where the R-4 and C-4 would be. Director Reinhart showed where the boundary adjustment would be and where there is a buffer. Commissioner Uhle asked Commissioner Brown to leave. Commissioner Uhle then clarified to Commissioner Brown that because Commissioner Brown had signed the petition and for the planning commission and Commissioner Brown's protection she needed to leave without comment. Commissioner Brown still stayed to make a comment and ask a question about what zone the Buffer area would be. Commissioner Uhle explained why it was important for Commissioner Brown to recuse herself. Commissioner Brown wanted to go on the record as recusing herself due to signing the petition that the Commission had received. Page 21 of 79 5-1 Public Hearing Director Reinhart went into detail of what kind of housing could possibly be put in the R-4 and the possible developing uses for the C-4. Commissioner Uhle questioned if we had put in our annexation map any kind of proposed zone for annexation. She believes it would help if we had a recommendation for the best zone when an annexation is being proposed. Director Reinhart did state that we need to develop a future land use map, and explained that the decision needs to be made whether or not to have it rezoned R-4 and C-4. Commissioner Uhle did tell the audience that the public is allowed to come and listen but this is not a public hearing and public comments would not be accepted in this meeting. She did state that the Commission had received what was given to them and the Commission had read it. She then stated again that they could not take public comment at this time. Commissioner Kopell asked to clarify that there was a house on the diagram, Commissioner Downard mentioned about the turnout needing to be fixed and straightened out. Commissioner Hoskisson asked about extending R-2 to the west, Commissioner Downard pointed out that there is R-4 above it. Commissioner Hoskisson mentioned that we need to be thinking about what should happen going forward. Commissioner Uhle stated that we need to increase density going into town and decrease it going out of town. Commissioner Uhle asked about the size of the existing homes on Westwood. They did discuss that the R-4 is 1800 sq. ft. for lot size. Commissioner Uhle wanted to view the slide of the right away of the property. They went over the dimensions of the right away needing to be 50 and the street would be 30-35. Director Reinhart discussed that the right away could be moved in different directions and how that would affect the existing residences. Mike Duncan asked a question and Commissioner Uhle stated again that there could be no public comment. Mike Duncan then said he had a procedural question. Commissioner Uhle directed him to Sommar and Jeff. Mr. Duncan asked if "It is the commission's intent on ruling on this annexation and zoning change. Zoning Administrator Johnson explained that the planning commission is just reviewing the proposed zoning and making a recommendation to the City Council. Mr. Duncan then proceeded to plead his case that Commissioner Uhle should, as the chairperson allow people to make a public comment since there was so many in the audience. Zoning Administrator Johnson then proceeded to explain that State Law does not allow public comment to be made when it was not advertised as a public hearing where the community as a whole could be represented. Therefore, there can be no public comment due to the State law. Commissioner Kopell stated that one of the big concerns for her, as a property owner is that if you buy a piece of property and want to change the zone for your benefit is not ok. This property is surrounded by residential and fifth west is an artery to 191 and is set up to be a commercial byway. She is worried because the property was previously industrial and the shape of the property is making her hesitant. Commissioner Uhle aske Director Reinhart and Zoning Administrator Johnson for clarification if they can make a recommendation for the right away to not be on the south side. There was discussion that they are only deciding on the annexation and the zone change, not a development plan. Commissioner Downard made the statement that you cannot decide where the road is for the developer as this is an annexation hearing only. Commissioner Downard made a motion to adopt Planning Resolution 38-2017. There was no second, therefor the motion failed. Commissioner Hoskisson stated that he was not going to seconded it because he is not sure if he believes in the R- 4 zoning part of it. Commissioner Kopell moves to pass on to the city council with a negative recommendation on the zoning. Commissioner Hoskisson seconded the motion with the suggested amendment for the city to work with the developer for a different zone rather than the R-4. Commissioner Downard stated that is not what is before the commission. There was discussion on what they could and could not recommend to the City Council. Page 22 of 79 5-1 Public Hearing Commissioner Hoskisson wants to move forward with the recommendation that the City Council needs to decide on this. Commissioner Kopell accepts the amendment, and Commissioner Hoskisson seconded it. There was more discussion on it being a zone change. Commissioner Kopell mentioned that they should proceed slowly, because even when they have recommended a resolution in the past the City Council "shuts it down". Commissioner Uhle stated that she thinks that they are going to be hard pressed to disallow the zoning of the C-4. The R-4 is debatable as it is bringing in the option of employee housing. She also stated that she has no problems with the C-4 either. Commissioner Kopell and Commissioner Uhle discussed again about the future use and the buffer between these two zones. Administrator Johnson clarified the motion. Motion failed 2-2. With Commissioner Downard and Commissioner Uhle voting against. Commissioner Brown asked to make a comment and Commissioner Uhle said for Commissioner Brown's protection she would not be allowed to make a comment on anything to do with this subject. Again, Commissioner Brown asked if she could make a "general comment", for a third time during this meeting Commissioner Uhle stated that Commissioner Brown could not make a comment on this subject. Commissioner Downard also stated that Commissioner Brown could not comment on this subject as well. Commissioner Brown proceeded against Commissioner Uhle and Commissioner Downard's statements anyways. Commissioner Brown stated, "We should remember that we need to keep in mind what our general plan says and what the public is asking for when it comes to rezoning and annexing. At this point, none of the people she has spoken to including current City Council Members has stated, "that nothing in our general plan says we need more commercial. In fact it is saying we need more residential." Commissioner Uhle stated to take that and use that when going forward with Annexations as a guide. There was no further discussion. 4. Workshop Discussion- Conditional Uses 1. Dwellings in the C-4 Zone- There was discussion if dwellings should be allowed in the commercial zone. Commissioner Brown stated that she did not want residential in commercial and commercial in residential. There was 4 for yes's and Commissioner Brown was against it. 2. Historic Dwellings- All Commissioners stated that they were ok with this. 3. 4. Multi -Household dwellings, seven or more units- Commissioner Uhle recused herself. There should be no conditional use in the R-3 & R-4 zones. Allowed those as a permitted use with standards. 4 yes's and Commissioner Uhle had previously recused herself. 5. Group Home -The state dictates how this is handled 6. Utility Provider Structures- Permitted at this point but the standards need to be tightened up. 7. Premises Agricultural Biz- Permitted in the RA-1 8. Trucking Co. / Terminal- Should be permitted in I-1 only 9. B&B- With standards allowed in the Residential area Page 23 of 79 5-1 Public Hearing 10. RV/Travel Trailer Park or Court- Make it permitted with standards in the C-4 11. RV Area within a Mobile Home Park- Get rid of the RV Area 12. Golf Course- Permit in the RA-1, A-2 13. RV Court- They want to look at the standards and compare to #10 to combine it and #13 together. 14. Self —Storage Warehouse- Draft ordinance to move that to C-4 and I-1 15. Asphalt/Concrete Batching Plant, Perm.- Allowed in I-1, C-4? 16. Asphalt/Concrete Plant Temp- Allowed in I-1, C-4? 17. Wireless Telecommunication Towers- Cannot really stop this one due to Federal Law 18. Drive-Thru Windows- Conditional Use Permits 19. Large Commercial & Home -Based Day Care Ctrs- 9 kids and beyond. They need to discuss the sizes and the appropriate conditions. Commissioner Downard left at 7:20pm 20. Manufactured Home Sales- Permitted with Standards 21. Division of Small Lots- Do away with this one. 22. Moved Buildings -This should be moved to a building permit, not a conditional use. REMOVE 23. Cemeteries, Public or Private- This one needs to be reviewed ** 24. Animal pound or Kennel -Private- Permitted with Standards in the existing zones. Clarify size of animal that is able to be boarded. REREVIEW 25. Vet Clinic w/ Kennel- Permitted in A-2 and RA-1 with Standards. REREVIEW 26. Schools, Churches, Monasteries- State Code overrides for schools. REREVIEW 27. Other Public Facilities- REREVIEW and Evaluate with #26 Commissioner Brown asked why Rainbow has not been paved yet. Director Reinhart explained that there was $28,000 posted with the City back in the 1950's for this project. When Director Reinhart started researching this matter, it was a dead-end. They could not find if the money had actually been paid, or any information explaining what happened with the project. Commissioner Brown mentioned that a number of community rebuilds have been turned into nightly rentals and she expressed her concern over this. Administrator Johnson explained that we could not site them if they are listed on a website. However, if the activity is actually occurring then something could be done. It was also discussed that usually in the building process or loan process it does state that the homes cannot be used for nightly rentals. Page 24 of 79 5-1 Public Hearing Administrator Johnson asked if Commissioner Brown had a name or any actual proof. Commissioner Brown stated that her source has the actual information. That she would discuss with her source and decide what to do. Commissioner Uhle Adjourned the meeting at 7:45pm Page 25 of 79 Shumway Annexation 0 200 400 600100Feet 1 inch = 200 feetÜ Grand County City of Moab Westwood Dr. Palisade Dr.Rainbow Dr.US - 1 9 1 - M a i n S t .500 W St.Page 26 of 79 Shumway Annexation 0 200 400 600100Feet 1 inch = 200 feetÜ RC Zone C-4 Zone R-2 Zone Grand County City of Moab Westwood Dr. Palisade Dr.Rainbow Dr.US - 1 9 1 - M a i n S t .500 W St.Page 27 of 79 Page 28 of 79 Page 29 of 79 Page 30 of 79 PL-16-41 Memorandum PL-17-117 To: Members of the Moab Planning Commission and City Council From: Jeff Reinhart, AICP, Planning Director Date: August 10, 2017 Re: Shumway Annexation Review ____________________________________________________________________________________ Background The sponsor of this 9.99-acre annexation is Kelly Shumway who is manager and registered agent for KM Real Estate Enterprises, LLC, owner of the subject properties. The properties are currently zoned RR, Rural Residential and are located at 1001 and 967 N. 500 West. The improvements on 1001 consists of an old residence and the property at 967 North 500 West includes a small business office and a large metal building that has historically been used for commercial and industrial businesses for over sixty years. The exhibit below indicates the lot configuration and existing development on the property. As shown to the left, the lot is a long narrow rectangular shape that is about 2,178 feet in length and 200 feet in width. It is adjacent to the Palisades Subdivision along the southern boundary for much of its length. The requested annexation, if approved by City Council, will remove this peninsula and bring the property into the City. City of Moab Planning Department 217 East Center Street Moab, Utah 84532-2534 (435) 259-5129 Fax (435) 259-0600 Mayor: David L. Sakrison Council: Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd Page 31 of 79 The surrounding City of Moab zoning includes the C-4, General Commercial Zone, to the north and east along Main Street and south along 500 West; and R-2, Single- and Two- Family Zone, to the South. The property owner is requesting that a zoning designation of R-4, Manufactured Housing Residential Zone, be applied to the western 7 acres of the property and C-4, General Commercial, to the remaining 3 acres. Evaluation Moab Municipal Code Section 1.32.030 applies to the evaluation of the proposed Shumway Annexation and requires that each annexation be evaluated against several factors as discussed below. a. Compliance with Appropriate Provisions of State Code Applicable state code provisions have been reviewed and staff has determined that the annexation complies with the relevant requirements, including but not limited to the following:  The annexation must be contiguous to Moab City Limits. The property is a peninsula and adjacent to City Limits on three sides.  The annexation must maintain contiguity through the entire area to be annexed. The property is comprised of two adjacent lots.  The annexation must not create islands or peninsulas of unincorporated county land unless it is within the Annexation Area and the county has no concerns. The property lies within the Annexation Area and no islands or peninsulas are created.  The annexation must be initiated by a petition that meets all state requirements- the petition has been certified by the City Recorder to meet state requirements. Page 32 of 79 Again, this property is a an unincorporated peninsula that is clearly within the annexation area as established by both the General Plan and the Annexation Policy Plan Map shown below (MMC Chapter 1.32). Page 33 of 79 The following table indicates the types of uses allowed in the R-4 and C-4 Zones. R-4 Zone-City (17.51.020) C-4 Zone (17.27.020) One-family dwellings Dwellings-CUP Fences, walls, and hedges seven feet Office buildings Customary household pets Funeral establishments Temporary construction yards Churches Agriculture Gymnasium Temp construction buildings and yards Agriculture/pasture Home occupations Retail establishments Two-family dwellings Testing labs Day care centers/foster homes Home occupations Apartment houses other multiple dwellings Schools Court apartments Hospitals Boys’ schools/ correctional institutions Public buildings Communication towers Research establishments Secondary dwelling units Warehouses Pasturing of animals Assembly of appliances Plant nurseries Service establishments Mobile home parks/ subdivisions Apartments-CUP Public buildings Fraternity organizations/lodges Clubs and lodges (nonprofit) Eating establishments Boarding and rooming houses Commercial parking lots Planned unit developments Farm equipment sales Lodging establishment Manufactured home sales-CUP Taxidermy shops Electrical appliance shops Plumbing shops Carpentry shops Hardware stores stone and monument sales Service stations Auto body shops Car sales Engraving/printing Employee housing Wholesale sales Trucking company-CUP Manufacturing RV courts Garages b) Proposed Land Uses The property has a county zoning designation of RR, Rural Residential, which requires a minimum lot size of 1 acre (43,560 sq. ft.) per single residential dwelling. If the requested R-4 and C-4 zoning is accepted, the allowed uses will be changed to multi-family residential as well as those commercial uses listed above. Page 34 of 79 c) The Assessed Valuation of the Property Property Use Area Total acres Valuation KM Real Estate Ent. 963N 500W Manuf/Indus 304,920 sq. ft. 10.0 637,296.00 M. Dean and Company 1001N 500W Residential 130,680 sq. ft. d) The Potential Demand for Municipal Services, Especially Those Requiring Capital Improvements. The City currently provides water and sewer to the proposed annexation. Law enforcement will be provided by the city, and the Public Works department will provide maintenance of any dedicated street rights-of-way subsequent to the annexation. Pre-annexation Agreements with the Petitioner will cover the provision of all services to the Shumway Annexation. Water: Water service is currently provided by the City. Any costs for additional development that requires extensions of the service lines will be paid by the developer and impact fees and connection fees will be due. All design and installation of water distribution systems are approved by the public works and engineering departments. Sanitary Sewer: Sewer service to the site is currently provided by the City of Moab. Onsite Roads: The developer will design any onsite public streets to comply with the construction design standards for construction of public improvements. Trails: Trails have not been proposed for the area. e) Recommendations of Other Local Government Entities Regarding the Potential Impact of the Annexation Grand County can respond to the appropriateness of the annexation. f) Potential land use contribution to the Achievement of the Goals and Policies of the City. This criteria is difficult to address because of the lack of specifics for the planned uses on the property. However, if multi-family housing is constructed, then it will satisfy several sections of the General Plan. Historically, the attitude has been that residential uses do not contribute significantly to the maintenance of infrastructure as do commercial developments because no additional revenue is realized. This observation has been made by many local jurisdictions in efforts to justify annexing commercial development for its increases in sales or property taxes while discouraging residential annexations because it costs money to maintain the infrastructure without direct cost offsets. However, as with past annexations, it should be recognized that residential uses provide dwelling space for consumers of goods purchased from merchants in the commercial districts. Residential uses also provide housing for the working population so stores and services remain open to generate much needed sales tax revenue. The proposed development of the R-4 tract portion can potentially provide numerous housing options for residents. The R-4 does not allow short term rentals and the petitioner does not desire to pursue this use for seven of the ten acres. Any housing will be an asset to the community. Page 35 of 79 The C-4 zoning is requested to be applied to the eastern portion of the property adjacent to the C-4 along Main Street and fronting 500 W. All development will be consistent with the General Plan and the regulations of the Moab Municipal Code (MMC). The allowed uses in the C-4 and the R-4 are listed above. g) Identification of any Special Districts or County Department Currently Providing Services.  Grand County School District is a county-wide district for which there is no contemplated change in level of service or responsibility because of the annexation.  Moab Fire Department- This is also a county-wide district and there is no contemplated change in service level or responsibility.  Grand County Hospital Service District- This is a county-wide district and there is no contemplated change in service level or responsibility.  Health department of Southeastern Utah- This is also a county-wide district and there is no contemplated change in service level or responsibility.  Cemetery District- This is a county-wide district and there is no contemplated change in service level or responsibility.  Moab Mosquito Abatement District- This is also a county-wide district and there is no contemplated change in service level or responsibility.  Grand County Library Board- This is also a county-wide district and there is no contemplated change in service level or responsibility.  Solid Waste District- This is a county-wide district and there is no contemplated change in service level or responsibility.  Recreation District- This, too, is a county-wide district and there is no contemplated change in service level or responsibility. h) If an application includes a specific proposal for urban development, an Understanding as to the provision of improvements will be concluded between the city and the applicant. A Pre-annexation Agreement between the City and Petitioner that addresses the provision of public improvements discussed above shall be approved by the City Council. i) New Annexations should create area in which services can be provided efficiently. This annexation will not create a geographically isolated area that would make service difficult or extremely expensive to provide. Utilities are now on the property. j) Tax Consequences for Affected Entities. While new housing developments do not necessarily bring in new tax revenues, the use of such mechanisms as homeowners associations can be created to provide maintenance of improvements in residential neighborhoods. Additionally, housing projects will provide much needed dwellings for the community and those residents will buy goods from local businesses. The proposed residential uses will provide another level of housing in the community. Projected Population: Approximately 45% of the property is located in the Colorado River 100 Year Flood Zone. The flooding would not be a surge of water but a gradual increase in the elevation. The development on this western end of the parcel will need to be on engineered fill to meet FEMA requirements. This fill may or may not affect the actual housing densities. The following chart is a general guide for the possible population Page 36 of 79 Zone Property Gross area sq. ft. Required Lot area per d/u Current Residents Total allowable units Potential Number of Residents R-4 304,920 1,800 Sq. ft. N/A 127 units 3081-3932 C-4 130,680 Unlimited if above ground floor N/A Unknown N/A 1 Average household size=2.43 2 Average Family Size=3.1 ANNEXATION PLAT Average Water Demand: In August 2014, the USGS Utah Water Science Center (David Susong) announced that the average household in Moab used 185,000 gallons of water per year. Page 37 of 79 ADDENDUM Utah Code Effective 5/12/2015 10-2-402. Annexation -- Limitations. (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (b) An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and (iv) for an area located in a specified county with respect to an annexation that occurs after December 31, 2002, the area is within the proposed annexing municipality's expansion area. (2) Except as provided in Section 10-2-418, a municipality may not annex an unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation. (3) (a) An annexation under this part may not include part of a parcel of real property and exclude part of that same parcel unless the owner of that parcel has signed the annexation petition under Section 10-2-403. (b) A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsection (3)(a) if owned by the same owner. (4) A municipality may not annex an unincorporated area in a specified county for the sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to annex the same or a related area unless the municipality has the ability and intent to benefit the annexed area by providing municipal services to the annexed area. (5) The legislative body of a specified county may not approve urban development within a municipality's expansion area unless: (a) the county notifies the municipality of the proposed development; and (b) (i) the municipality consents in writing to the development; or (ii) (A) within 90 days after the county's notification of the proposed development, the municipality submits to the county a written objection to the county's approval of the proposed development; and (B) the county responds in writing to the municipality's objections. (6) (a) An annexation petition may not be filed under this part proposing the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located unless the legislative body of the county in which the area is located has adopted a resolution approving the proposed annexation. Page 38 of 79 (b) Each county legislative body that declines to adopt a resolution approving a proposed annexation described in Subsection (6)(a) shall provide a written explanation of its reasons for declining to approve the proposed annexation. (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation Administration has, by a record of decision, approved for the construction or operation of a Class I, II, or III commercial service airport, as designated by the Federal Aviation Administration in 14 C.F.R. Part 139. (b) A municipality may not annex an unincorporated area within 5,000 feet of the center line of any runway of an airport operated or to be constructed and operated by another municipality unless the legislative body of the other municipality adopts a resolution consenting to the annexation. (c) A municipality that operates or intends to construct and operate an airport and does not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)may not deny an annexation petition proposing the annexation of that same area to that municipality. (8) (a) A municipality may not annex an unincorporated area located within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act, without the authority's approval. (b) (i) Except as provided in Subsection (8)(b)(ii), the Military Installation Development Authority may petition for annexation of a project area and contiguous surrounding land to a municipality as if it was the sole private property owner of the project area and surrounding land, if the area to be annexed is entirely contained within the boundaries of a military installation. (ii) Before petitioning for annexation under Subsection (8)(b)(i), the Military Installation Development Authority shall provide the military installation with a copy of the petition for annexation. The military installation may object to the petition for annexation within 14 days of receipt of the copy of the annexation petition. If the military installation objects under this Subsection (8)(b)(ii), the Military Installation Development Authority may not petition for the annexation as if it was the sole private property owner. (iii) If any portion of an area annexed under a petition for annexation filed by a Military Installation Development Authority is located in a specified county: (A) the annexation process shall follow the requirements for a specified county; and (B) the provisions of Subsection 10-2-402(6) do not apply. Effective 5/12/2015 10-2-418. Annexation of an island or peninsula without a petition -- Notice -- Hearing. (1) For purposes of an annexation conducted in accordance with this section of an area located within a county of the first class, "municipal-type services" for purposes of Subsection (2)(a)(ii)(B) does not include a service provided by a municipality pursuant to a contract that the municipality has with another political subdivision as "political subdivision" is defined in Section 17B-1-102. Page 39 of 79 (2) (a) Notwithstanding Subsection 10-2-402(2), a municipality may annex an unincorporated area under this section without an annexation petition if: (i) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; (B) the majority of each island or peninsula consists of residential or commercial development; (C) the area proposed for annexation requires the delivery of municipal-type services; and (D) the municipality has provided most or all of the municipal-type services to the area for more than one year; (ii) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and (B) the municipality has provided one or more municipal-type services to the area for at least one year; or (iii) (A) the area consists of: (I) an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and (II) for an area outside of the county of the first class proposed for annexation, no more than 50 acres; and (B) the county in which the area is located, subject to Subsection (3)(b), and the municipality agree that the area should be included within the municipality. (b) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: (i) in adopting the resolution under Subsection (4)(a)(i), the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and (ii) for an annexation of one or more unincorporated islands under Subsection (2)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (2)(a)(ii)(A) relating to the number of residents. (3) (a) This Subsection (3) applies only to an annexation within a county of the first class. (b) A county of the first class shall agree to the annexation if the majority of private property owners within the area to be annexed has indicated in writing, subject to Subsection (3)(d), to the city or town recorder of the annexing city or town the private property owners' consent to be annexed into the municipality. (c) For purposes of Subsection (3)(b), the majority of private property owners is property owners who own: (i) the majority of the total private land area within the area proposed for annexation; and (ii) private real property equal to at least one half the value of private real property within the area proposed for annexation. Page 40 of 79 (d) (i) A property owner consenting to annexation shall indicate the property owner's consent on a form which includes language in substantially the following form: "Notice: If this written consent is used to proceed with an annexation of your property in accordance with Utah Code Section 10-2-418, no public election is required by law to approve the annexation. If you sign this consent and later decide you do not want to support the annexation of your property, you may withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk of [name of annexing municipality]. If you choose to withdraw your signature, you must do so no later than the close of the public hearing on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(a)(iv).". (e) A private property owner may withdraw the property owner's signature indicating consent by submitting a signed, written withdrawal with the recorder or clerk no later than the close of the public hearing held in accordance with Subsection (4)(a)(iv). (4) (a) The legislative body of each municipality intending to annex an area under this section shall: (i) adopt a resolution indicating the municipal legislative body's intent to annex the area, describing the area proposed to be annexed; (ii) publish notice: (A) (I) at least once a week for three successive weeks in a newspaper of general circulation within the municipality and the area proposed for annexation; or (II) if there is no newspaper of general circulation in the areas described in Subsection (4)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are most likely to give notice to the residents of those areas; and (B) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks; (iii) send written notice to the board of each local district and special service district whose boundaries contain some or all of the area proposed for annexation and to the legislative body of the county in which the area proposed for annexation is located; and (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the adoption of the resolution under Subsection (4)(a)(i). (b) Each notice under Subsections (4)(a)(ii) and (iii) shall: (i) state that the municipal legislative body has adopted a resolution indicating its intent to annex the area proposed for annexation; (ii) state the date, time, and place of the public hearing under Subsection (4)(a)(iv); (iii) describe the area proposed for annexation; and (iv) except for an annexation that meets the property owner consent requirements of Subsection (5)(b), state in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing under Subsection (4)(a)(iv), written protests to the annexation are filed by the owners of private real property that: (A) is located within the area proposed for annexation; (B) covers a majority of the total private land area within the entire area proposed for annexation; and Page 41 of 79 (C) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation. (c) The first publication of the notice required under Subsection (4)(a)(ii)(A) shall be within 14 days of the municipal legislative body's adoption of a resolution under Subsection (4)(a)(i). (5) (a) Upon conclusion of the public hearing under Subsection (4)(a)(iv), the municipal legislative body may adopt an ordinance approving the annexation of the area proposed for annexation under this section unless, at or before the hearing, written protests to the annexation have been filed with the city recorder or town clerk, as the case may be, by the owners of private real property that: (i) is located within the area proposed for annexation; (ii) covers a majority of the total private land area within the entire area proposed for annexation; and (iii) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation. (b) (i) Upon conclusion of the public hearing under Subsection (4)(a)(iv), a municipality may adopt an ordinance approving the annexation of the area proposed for annexation under this section without allowing or considering protests under Subsection (5)(a) if the owners of at least 75% of the total private land area within the entire area proposed for annexation, representing at least 75% of the value of the private real property within the entire area proposed for annexation, have consented in writing to the annexation. (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an ordinance adopted under Subsection (5)(b)(i), the area annexed shall be conclusively presumed to be validly annexed. (6) (a) If protests are timely filed that comply with Subsection (5), the municipal legislative body may not adopt an ordinance approving the annexation of the area proposed for annexation, and the annexation proceedings under this section shall be considered terminated. (b) Subsection (6)(a) may not be construed to prohibit the municipal legislative body from excluding from a proposed annexation under Subsection (2)(a)(ii) the property within an unincorporated island regarding which protests have been filed and proceeding under Subsection (2)(b) to annex some or all of the remaining portion of the unincorporated island. Moab Municipal Code 1.32.030 Annexation policy plan. A. Pursuant to U.C.A. 10-2-401.5, the city hereby adopts the following annexation policy declaration. 1. Sound urban development is essential to the continued economic development of this state; 2. Municipalities are created to provide urban governmental services essential for sound urban development and for the protection of public health, safety and welfare in residential, commercial and industrial areas, and in areas undergoing development; 3. Municipal boundaries should be extended, in accordance with specific standards, to include areas where a high quality of urban governmental services is needed and can be provided for Page 42 of 79 the protection of public health, safety and welfare and to avoid the inequities of double taxation and the proliferation of special service districts; 4. Areas annexed to municipalities in accordance with appropriate standards should receive the services provided by the annexing municipality as soon as possible following the annexation; 5. Areas annexed to municipalities should include all of the urbanized unincorporated areas contiguous to municipalities, securing to residents within the areas a voice in the selection of their government; 6. Decisions with respect to municipal boundaries and urban development need to be made with adequate consideration of the effect of the proposed actions on adjacent areas and on the interests of other government entities, on the need for and cost of local government services, and the ability to deliver the services under the proposed actions and on factors related to population growth and density and the geography of the area; and B. The map from the adopted Annexation Policy Plan is attached in the addendum below and includes a description map showing the anticipated future extent of the city of Moab’s boundaries and areas that are more readily available for service and more readily available for future expansion. C. (1) Criteria for annexation of unincorporated areas include: a. The property is contiguous to the boundaries of the city; b. The property is located within the area projected for the city municipal expansion as noted above; c. The property is not included within the boundaries of another incorporated municipality; d. The annexation is an unincorporated peninsula within the boundaries of the city; e. The property will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of another municipality to annex into the same or related area. (2) The city will evaluate the following for each annexation: a. Compliance with all requirements of appropriate state code provisions. Under new provisions in UCA 10-2-418, adopted by the Utah State Legislature and in effect May 5, 2015, a municipality may annex an area if: 1. municipal facilities have been provided to the property for a period of at least one year, 2. the area has fewer than 800 residents, and 3. the county and municipality agree that the area should be included within the municipality. Grand County had no objection to the annexation. b. The current and potential population of the area, and the current residential densities. c. Land uses proposed in addition to those presently existing. d. The assessed valuation of the current properties or proposed uses. e. The potential demand for various municipal services, especially those requiring capital improvements. f. Recommendations of other local government jurisdictions regarding the proposal and potential impact of the annexation. g. How the proposed area, and/or its potential land uses would contribute to the achievement of the goals and policies of the city. h. Identification of any special districts or county departments that are currently providing services. If the proposed area is receiving services that are to be assumed by the city, a Page 43 of 79 statement should be included indicating that steps can be taken to assure an effective transition in the delivery of services. A timetable for extending services should be included if the city is unable to provide services immediately. If the proposed area is receiving services that are not going to be assumed by the city a statement to that effect will be included in the annexation agreement. i. If an application for annexation includes a specific proposal for urban development, an understanding as to the provision of improvements should be concluded between the city and the applicant. j. New annexations should create areas in which services can be provided efficiently. The annexation should not create geographically isolated areas, areas for which the provision of services would be costly or difficult, or an area in which surface water runoff would create multi-jurisdictional problems. k. The tax consequences for affected entities should be addressed. (3) In order to facilitate orderly growth, the following city policies will apply to every annexation proposal. However, compliance with any policy not expressly required by state law is not mandatory, and failure to comply with any policy not expressly required by state law shall in no way affect or jeopardize an annexation petition that otherwise meets the standards established in the Utah Code. a. The city’s policy is to consider annexation only in those areas where the city has the potential to provide urban services (either directly or through interlocal cooperative agreement). These areas may include locations served or to be served by city utilities, electrical service, police and fire protection facilities, etc. b. The city declares its interest in those areas identified in this policy declaration and other areas lying within one-half mile of the city’s boundary. Any urban development as defined by state law proposed within this specified area is subject to review and approval of the city as provided in U.C.A. 10-2-418, as amended. c. Due to the extraterritorial powers granted as part of the Utah Boundary Commission Act, the city may exercise its initiative to prepare and adopt a general plan for future development in those extraterritorial areas of interest for future annexation, as indicated in this policy declaration. This general plan will define proposed land uses, nature, and density of development desired by the city in each particular area. Once this ordinance is adopted, any proposed development in an area to be annexed must conform to the general plan, notwithstanding said plan may be amended from time to time as deemed necessary and appropriate. d. It is the policy of the city to require new development in annexed areas to comply with all city standards and regulatory laws. Proposed actions to be taken to overcome deficiencies should be identified and costs estimated. e. To avoid creation of islands and peninsulas, unincorporated territory and publicly-owned land such as roadways, schools, parks or recreational land, may be annexed as part of other logical annexations. f. In order to facilitate orderly growth and development in the city, the planning commission may review a proposed annexation and make recommendations to the city council concerning the parcel to be annexed, the effect on city development, and the recommended zoning district designation for the proposed annexed area. Review by the planning commission is not a requirement for annexation, and approval from the planning commission is not necessary for annexation. Page 44 of 79 g. The city council shall designate the zoning for the territory being annexed in the ordinance annexing the territory. The zoning designations must be consistent with the general plan. The city council shall not be bound by the zoning designations for the territory prior to annexation. Nothing in this section shall be construed as allowing the city council to change zoning designations in areas that are already within the municipal boundaries, without following the procedures for zoning amendments found in the city code. h. Landowners petitioning for annexation must file an application and follow the procedures for annexation required by state law and the procedures specified by the city. i. The city may require an annexation fee reasonable to the cost incurred as part of the annexation process. j. From time to time, the city may amend this master annexation policy declaration. This policy declaration, including maps, may be amended by the city council after at least fourteen days’ notice and public hearing. Annexation policy declarations for individual annexations may be considered amendments to this master annexation policy declaration and likewise require adequate notice and public hearing as herein specified. D. The character of the community. 1. The areas anticipated for future annexation contain a wide variety of land uses. There is vacant land, as well as residentially developed property, and property developed and being developed for commercial uses. 2. The city was incorporated in December 20, 1902 and has entertained numerous proposals for annexation since that time. Recent interest in annexation has been shown by many surrounding property owners. This policy declaration will help to define those areas that the city will consider in a favorable manner. E. The need for municipal services in developing unincorporated areas. 1. The city recognizes that municipal services to developed areas which may be annexed should, to the greatest extent possible, be provided by the city. It may, however negotiate service agreements in annexing areas. 2. For developing unincorporated areas to be annexed to the city, general government services and public safety service will be provided by the city as the area is annexed and developed. Where feasible and in the public interest to the citizens of the city, public utility services will be provided by the city or through the appropriate utility companies or improvement districts. 3. Subsequent policy declarations on individual parcels will address provision of utility service to that particular area. Determination of how utility service will be provided to developing areas proposed for annexation will be developed following discussion with the public works department and other appropriate utility officials or entities. F. Financing and time frame for the extension of municipal services. 1. Those areas identified in this master policy declaration as being favorable for annexation are located near to the city. A basic network of collector roads presently exists in many of these areas and the city can readily extend such services as police protection, street maintenance, and general government services. Unless otherwise specified, city services for police and street maintenance will begin in newly annexed areas immediately following the effective date of annexation. 2. Services for newly annexed areas will be provided for out of the general and/or enterprise funds. However, it is the city’s policy that all new development in areas requiring service bears Page 45 of 79 the burden of providing necessary facilities. If and when the property sought to be annexed is developed, the developer will have to construct and install appropriate municipal service facilities such as streets, curb, gutter, sidewalk, water and sewer lines, as provided by city code. Construction of water and/or sewer line extensions involving multiple properties will be phased to coincide with the financial readiness of said property owners and the city. 3. If services in an annexed area are substandard, then the financing of improvements to bring the area up to city standards may be necessary through such means as a special improvement district. The city may decline to annex areas that contain significant substandard improvements. The site annexation policy declaration, submitted with individual annexations, will identify a schedule for necessary improvements to the area. 4. Unless otherwise agreed by the city in writing, the annexation of real property into the municipal, limits shall not obligate the city to construct or install utilities or other public infrastructure. The decision to extend or install such improvements shall be vested solely in the discretion of the city council. G. The estimate of tax consequences. The estimate of tax consequences to residents in both new and old territory of the city resulting from the proposed future annexations cannot be accurately assessed at this time. As each annexation proposal occurs, the city will review the tax consequences of that annexation. H. Affected entities. The following is a list of potentially-affected entities, to which copies of the annexation policy declaration has been supplied prior to its adoption. In addition, as annexation proposals occur, the entities affected by the proposed annexation will be notified. Grand County 10-2-402. Annexation -- Limitations. (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (b) An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and Page 46 of 79 (iv) for an area located in a specified county with respect to an annexation that occurs after December 31, 2002, the area is within the proposed annexing municipality's expansion area. (2) Except as provided in Section 10-2-418, a municipality may not annex an unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation. 10-2-418. Annexation of an island or peninsula without a petition -- Notice -- Hearing. (1) For purposes of an annexation conducted in accordance with this section of an area located within a county of the first class, "municipal-type services" for purposes of Subsection (2)(a)(ii)(B) does not include a service provided by a municipality pursuant to a contract that the municipality has with another political subdivision as "political subdivision" is defined in Section 17B-1-102. (2) (a) Notwithstanding Subsection 10-2-402(2), a municipality may annex an unincorporated area under this section without an annexation petition if: (i) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; (B) the majority of each island or peninsula consists of residential or commercial development; (C) the area proposed for annexation requires the delivery of municipal-type services; and (D) the municipality has provided most or all of the municipal-type services to the area for more than one year; (ii) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and (B) the municipality has provided one or more municipal-type services to the area for at least one year; or (iii) (A) the area consists of: (I) an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and (II) for an area outside of the county of the first class proposed for annexation, no more than 50 acres; and (B) the county in which the area is located, subject to Subsection (3)(b), and the municipality agree that the area should be included within the municipality. (b) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: Page 47 of 79 (i) in adopting the resolution under Subsection (4)(a)(i), the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and (ii) for an annexation of one or more unincorporated islands under Subsection (2)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (2)(a)(ii)(A) relating to the number of residents. General plan annexation area boundary description The boundary encompasses: Portions of Sections 25, 26, 27, 34 and all of Sections 35 and 36 in Township 25 South, Range 21 East, Salt Lake Base & Meridian; Portions of Section 31 in Township 25 South, Range 22 East, Salt Lake Base & Meridian; All of Sections 1, 2 and 12 together with portions of Sections 11 in Township 26 South, Range 21 East, Salt Lake Base & Meridian; All of Sections 6, 7 and 18, together with portions of Sections 5, 8, and 17 in Township 26 South, Range 22 East, Salt Lake Base & Meridian, and is more particularly described as: Beginning at the SW Corner of Section 18, T 26 S, R 22 E, SLBM; Thence northerly to the NW Corner of said Section 18; Thence westerly to the SW Corner of Section 12, T 26 S, R 21 E, SLBM; Thence northerly to the SE Corner of Government Lot 1, Section 11, T 26 S, R 21 E, SLBM; Thence westerly to the NE corner of Section 10, T 26 S, R 21 E, SLBM; Thence northerly to the SW Corner of Section 2, T 26 S, R 21 E, SLBM; Thence northerly to the NW Corner of said Section 2; Thence westerly to the SW Corner of the SE1/4SW1/4 of Section 34, T 25 S, R 21 E, SLBM; Thence northerly to the NW Corner of Government Lot 10, Section 27, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of Government Lot 8, Section 26, T 25 S, R 21 E, SLBM; Thence southerly to the SE Corner of said Government Lot 8; Thence easterly to a point on the West Section Line of said Section 26; Thence southerly to the NE Corner of the SE1/4SE1/4 of said Section 26; Thence easterly to the NE Corner of Government Lot 6, Section 25, T 25 S, R 21 E, SLBM; Thence southerly to the NW Corner of Government Lot 3, Section 31, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of the SE1/4NW1/4 of said Section 31; Thence southerly to the SE Corner of Government Lot 9, said Section 31; Thence easterly to the NE Corner of Section 6, T 26 S, R 22 E, SLBM; Thence easterly to the NE Corner of Government Lot 4, Section 5, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of the SW1/4SW1/4 of said Section 5; Page 48 of 79 Thence southerly to the SE Corner of the SW1/4SW1/4 of Section 8, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of Government Lot 35, Section 17, T 26 S, R 22 E, SLBM; Thence westerly to the SE Corner of Section 18, T 26 S, R 22 E, SLBM; Thence westerly to the SW Corner of said Section 18, said point being the POINT OF BEGINNING. Page 49 of 79 Page 50 of 79 C-2 1. Retail/convenience/wholesale establishments less than 3,000 sq ft 2. Office buildings/clinics 3. Assembly of appliances from previously prepared parts 4. Eating establishments less than 2,000 sq ft 5. Service enterprises 6. One-and two-family dwellings, apartments and court apartments; 7. Fraternity organization lodges 8. Funeral establishments, mortuaries and churches 9. Gymnasiums 10. Home occupations 11. Lodging establishments under 10 units 12. Commercial parking lots 13. Public schools, hospitals, buildings and parks 14. Signs 15. Rest homes/day care centers 16. Green houses and nurseries 17. Pet shops a. veterinary clinics b. art and craft shops c. taxidermy shops d. electrical appliance shops (wholesale) e. plumbing shops f. carpentry shops g. hardware stores h. electrical retail stores i. river running companies j. bakeries k. stone and monument sales establishments l. engraving and printing establishments m. secondhand stores C-1 1. Retail/ wholesale establishments and craft shops less than 3,000 sq ft 2. Office buildings, clinics 3. One-family and two-family dwellings apartment houses and court apartments 4. Funeral establishments, mortuaries and churches 5. Gymnasium 6. Home occupations 7. B&Bs 8. Public schools, hospitals, buildings and parks 9. Signs 10. Rest homes and day care centers; 11. Greenhouses and nurseries; 12. Planned unit developments; 13. Banks and credit unions; 14. Drive-up windows for financial institutions. Page 51 of 79 C-4 Zone (17.27.020) Dwellings-CUP Farm equipment sales Office buildings Lodging establishment Funeral establishments Manufactured home sales-CUP Churches Taxidermy shops Gymnasium Electrical appliance shops Agriculture/pasture Plumbing shops Retail establishments Carpentry shops Testing labs Hardware stores Home occupations stone and monument sales Schools Service stations Hospitals Auto body shops Public buildings Car sales Research establishments Engraving/printing Warehouses Employee housing Assembly of appliances Wholesale sales Service establishments Trucking company-CUP Apartments-CUP Manufacturing Fraternity organizations/lodges RV courts Eating establishments Garages Commercial parking lots Page 52 of 79 C-1 commercial-residential zone 17.20.010 Objectives and characteristics. A. The objectives in establishing the C-1 commercial-residential zone are to facilitate the development of attractive areas within the city that allow the mixing of compatible commercial and residential uses; to provide a buffer zone between residential and more intensi ve commercial uses; and to facilitate the orderly expansion of commercial uses on lots that lie adjacent to commercial zones. B. The C-1 commercial-residential zone is characterized by attractive and well-maintained commercial and residential buildings set back from public streets and surrounded by landscaped yards. In order to accomplish the objectives and purposes of this title and to stabilize and protect the essential characteristics of the zone, the regulations set out in this chapter shall apply in the C -1 commercial-residential zone. C-2 commercial-residential zone 17.21.010 Objectives and characteristics. A. The objectives in establishing the C-2 commercial-residential zone are: 1. To facilitate the development of attractive areas within the city that allow the mixing of compatible commercial and residential uses; 2. To facilitate the orderly expansion of commercial uses out from the central commercial district. B. The C-2 commercial-residential zone is characterized by attractive and well-maintained commercial and residential buildings set back from public streets and surrounded by landscaped yards. In order to accomplish the objectives and purposes of this title and to stabilize and protect the essential characteristics of the zone, the regulations set out in this chapter shall apply in the C-2 commercial-residential zone. C-4 general commercial zone 17.27.010 Objectives and characteristics. The C-4 general commercial zone has been established as a district in which the primary use of the land is for business and light industrial purposes. Another objective of the zone is to facilitate the development of attractive entrances to the city. The C-4 zone is characterized by clean, well-lighted and landscaped streets, ample pedestrian ways and vehicular parking lots for the convenience and safety of the public. In order to accomplish the objectives and purposes of this title and to promote the characteristics of this zone, the regulations set out in this chapter shall apply in the C-4 zone. C-5 neighborhood-commercial zone 17.30.010 Objectives and characteristics. The C-5 neighborhood commercial zone has been established for the primary purpose of providing a location where commercial establis hments can be located where people who live in th e surrounding neighborhood can obtain daily household goods and services conveniently. This zone is characterized by stores, shops and establishments situated in landscaped surroundings that are maintained in harmony with ame nities of adjacent residential development. Page 53 of 79 Page 54 of 79 R-2 residential zone 17.45.010 Objectives and characteristics. The objective in establishing the R-2 residential zone is to provide a residential environment within the city which is characterized by smaller lots and somewhat denser residential environment than is characteristic of the R-1 residential zone. Nevertheless, this zone is characterized by spacious yards and other residential amenities adequate to maintain desirable residential conditions. The principal uses permitted in this zone shall be one-family and two-family dwellings and certain other public facilities needed to promote and maintain stable residential neighborhoods. R-3 residential zone 17.48.010 Objectives and characteristics. The objective in establishing the R-3 residential zone is to provide appropriate locations within the city for high density residential development. In general, this zone is located in the central part of the city, adjacent to commercial areas where the impact of vehicular tra vel and parking is consonant with adjacent use of land, and where multiple dwellings can best be supplied with necessary public facilities. This zone is characterized by more compact development and somewhat higher volumes of traffic than is characteristic of the R-1 and R-2 zones. Representative of the uses within the R-3 zone are one-family, two-family, three-family and four-family dwellings and apartment houses, and related community facilities. However, commercial and industrial uses are prohibited therein. Owners and developers of property should bear in mind that primacy is given to multiple family dwellings, boarding houses, rest home s and other high density residential uses, and should develop and maintain their property in recognition thereof. R-4 residential zone 17.51.010 Objectives and characteristics. The objective in establishing the R-4 residential zone is to provide the most appropriate locations for mobile home parks and mobile home subdivisions along with conventional dwellings. The zone is characterized by open fields interspersed by well-maintained mobile home parks, mobile home subdivisions, and other types of dwellings. Page 55 of 79 Page 56 of 79 Page 57 of 79 Page 58 of 79 Page 59 of 79 Page 60 of 79 Page 61 of 79 Page 62 of 79 Page 63 of 79 Name Address Options: Left as County RR Annexed as R2 Annexed as R3 Annexed as C2 Annexed as proposed (R4 & C4)Other Comments: Katy Robertson 621 Palisade Dr.1 2 no no no The zoning is in place to keep a buffer between commercial & residential. Respect the residential areas of Moab, please! Autumn Ela 808 Westwood x x Katherine McGill 691 Palisade Dr.x What happened to the buffer zones that supposedly have been included in every "master plan?!" Why are they already bull- dozing and starting land clearing??! Sherrie, Clint, Wanda Costanza 749 Wesdwood x x Maggie Wilson 678 Palisade Dr.x R2 for longer western parcel. Possibly C1 for eastern smaller parcel. 435-260-1639. Chloe Hollis & Nate Ament 727 Palisade Dr.x x Lloyd Bonnie & Jodie Wiggins 525 Westwood Ave.x We are already dealing with 24/7 noise from Denny's. People wander through our street continuously. Marathons. I've had people sleeping in my front yard (6 yrs ago). The corner of Hwy. 191 and 500 W. is busy all of the time. NO C-4 NO C-2 Mylene Snow 796 Westwood Ave.x Chad Wilson 663 Palisade Dr.x Jonathan Lohmann 655 Westwood Ave.x Brian Hays 915 Rainbow Dr.x Akasha Faist & Scott Ferrenberg 820 Westwood Ave.x Used by wildlife as a corridor! Madolyn Ainge 537 Westwood Ave.x Steve Goodwin 753 Palisade Dr.x Kenneth L. Robbins 527 Palisade Dr.x Ken Denney 739 Palisade Dr.x Chris Prentice 651 Palisade Dr.x Reed Kennard 662 Westwod Ave.x x Lori Johnson 908 Rainbow x Trisha West 718 Palisade Dr.x Linda Grawet 737 Westwood Ave.x Jessica S. Dye 909 Rainbow Dr.x Russell Facente 772 Westwood Ave.x 3 acres C-1, 7 acres R2/R3 Rhonda Cowern 510 Westwood Ave x x Bryan Nickell 690 Westwood Ave.x John Cowan 926 Rainbow Dr.x Katrina Lund 665 Westwood Ave.1 2 3 no no Postcards from Adjacent Properties Page 64 of 79 Name Address Business/Employer Jessiqua Zufelt 372 Moenkopi Clean Focus Kerry W. Lange 53 West 100 South Desert West Office Supply Becky Wells 763 Palisade Dr.Self-employed Chelsea Hagerman 1110 San Miguel Byrd & Co. Devin Soli 1256 Holyoak Ln.Aarchway Inn Kelsi Garcia 4504 Pueblo Verde Dr.Aarchway Inn John B 23 N Main St.Redtail Air Timothy Villarreal 400 N. 500 W. #206 Aarchway Inn Brittni Adams 3330 S. Hwy. 191 Aarchway Inn Gina Giffin 50 W. 100 South Resolutions Real Estate Brandon McKeel 48 W. Mt. Peale Zax Restaurant Justin Maxwell 382 Wingate Resolution Property Management Dana Sutton 539 Cliffview Zax Restaurant Shik Han 50 W. 100 South Business Resolutions Michael H. Bynum 50 W. 100 South Business Resolutions Autem Hirschfeld 1405 Spanish Valley Dr.Zax Restaurant Mary Lou Shupe 400 N. 500 W. #119 Mike Bynum Zach Bynum 802 Pear Tree Ln.Business Resolutions Christian 400 N. 500 West Zax Restaurant Jessica Delgado 1893 Plateau Circle Zax Restaurant Vicki Davis 50 W. 100 South Business Resolutions Terry Archer 2476 Vista Grande Diane Hohnstein 999 N. 500 West Business Resolutions Postcards Supporting Annexation Page 65 of 79 Name Address Star Kolb 643 Westwood Ave. David Mealey 643 Westwood Ave. Doug Fix 739 N. 5th West Reed Kennard 662 Westwood Ave. Marc Thomas & Judi Simon 827 Palisade Dr. Rhonda Cowern 510 Westwood Ave. Russell Facente 772 Westwood Ave. Katherine McGill Palisade Dr. Reed Kennard 662 Westwood Ave. Email/Written Comments Page 66 of 79 Page 67 of 79 Moab City Council Agenda Item Meeting Date: October 10, 2017 #: 6-1 Title: Solid Waste Hauling Contract Extension Date Submitted: October 5, 2017 Staff Presenter: David Everitt + Chris McAnany Attachment(s): Draft Franchise Agreement Extension Options: Approve, deny, or modify. Recommended Motion: I move to adopt the “Resolution Approving an Extension of the Existing Solid Waste Collection Franchise Agreement.” Background/Summary: 10/5/17 Update: Per council direction, staff added language regarding the contractor’s responsibility to maintain and distribute garbage cans. See Section II.3. The current waste hauling agreement between the City and Monument Waste expires in November 2017. Pursuant to direction from the City Council, staff prepared an extension to the Solid Waste Collection Franchise Agreement that will expire in November 2018. The extension provides for all of the same conditions as the original contract, except that the rates are provided for by resolution of the City Council. The City will develop a revised RFP for waste hauling services during the 2018 calendar year. Page 68 of 79 CITY OF MOAB RESOLUTION NO. 55‐2017  A RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING SOLID   WASTE COLLECTION FRANCHISE AGREEMENT  a. The City is under contract with Monument Waste Services, LLC (Contractor) to provide  for the collection of solid waste within the City of Moab.  b. The City is satisfied with the current performance by Contractor, and desires to extend  the existing Solid Waste Collection Franchise Agreement (Agreement) for an additional period  through and including April 1, 2019.  c. In addition, the parties intend to confirm a modification to the Agreement pertaining to  the purchase of replacement residential cans, up to an agreed upon cost.    Therefore, the City Council hereby approves the attached contract amendment and  authorizes the Mayor to sign same.  Passed and adopted by the governing body in open session  this 10th day of October, 2017.  City of Moab    By:_________________________  Mayor David L. Sakrison  Attest:    By:_________________________  Rachel Stenta, Recorder    Page 69 of 79 SOLID WASTE COLLECTION FRANCHISE AGREEMENT AMENDMENT   For valuable consideration, the City of Moab (City) and Monument Waste Services, LLC,  a Utah limited liability company (Contractor), acknowledge and agree as follows:  I.  Recitals.  a. Contractor currently provides solid waste collection services to customers in the City   pursuant to a Solid Waste Collection Franchise Agreement, dated November 30, 2009, as  amended (the Agreement).  b. The City is currently evaluating whether changes to its solid waste collection practices  and policies should be made.  c. It is necessary to continue solid waste collection services without interruption, and the  City is currently satisfied by the performance by Contractor.    d. This amendment is intended to extend the term of the Agreement and modify the    performances which will be undertaken by both parties during that time.    II.  Agreement.  1. The foregoing recitals are incorporated by reference.  The Agreement is hereby  amended as follows:  2. The term of the Agreement is extended to April 1, 2019, expiring automatically on that  date.   3. The City will reimburse the Contractor for its cost to purchase new residential solid  waste containers conforming to the Agreement in an amount not to exceed five thousand  dollars ($5,000.00).  The Contractor shall purchase one hundred (100) 96‐GL Otto waste carts.   a. The Contractor shall be solely responsible for the assembly, storage, repair, and  distribution of all solid waste containers under the Agreement.  All stored containers shall be  kept at the Contractor’s business at 2295 U.S. Highway 191, Moab, UT 84532.  Contractor shall  additionally be responsible for disposal of containers which can no longer be used.  And  Contractor shall keep accurate records documenting all container deliveries, exchanges,  removals, and containers which are scrapped.  Contractor shall remain responsible for the  purchase and replacement of containers damaged by the carelessness or neglect of its  personnel.    4. All other terms of the Agreement shall remain in full force and effect.  This extension  shall take effect automatically upon execution by both parties.    ‐Remainder of Page Intentionally Left Blank‐  Page 70 of 79   Solid Waste Collection Franchise Agreement Amendment  Signature Page  ________________________________________________  City of Moab    By:________________________    _______________  David L. Sakrison, Mayor    Date  Attest:    By:________________________    ________________  Rachel Stenta, Recorder    Date  Monument Waste Services, LLC    By:________________________    _________________  Dan Kirkpatrick, President    Date    ‐End of Document‐  Page 71 of 79 RESOLUTION #56‐2017    A RESOLUTION IN SUPPORT OF EXTENSION OF THE DEFERRED ACTION FOR CHILDHOOD  ARRIVALS (DACA) PROGRAM; PERMANENT LEGAL STATUS FOR DREAMERS; AND URGING  UTAH’S ENTIRE CONGRESSIONAL DELEGATION TO SUPPORT THE PASSAGE OF PERMANENT  DREAM ACT LEGISLATION WITHIN SIX MONTHS     WHEREAS, there could be no higher priority than ensuring the hopes and dreams of our young people;    WHEREAS, the Deferred Action for Childhood Arrivals (DACA) provides employment authorization and  protection from deportation for undocumented immigrants who entered the United States before they  turned 16 and has benefitted nearly 742,000 undocumented youth since it began in 2012; and      WHEREAS, the ability for youth to live and work in their communities without fear of deportation is the  foundation of sound, responsible immigration policy; and      WHEREAS, with work authorization and without the fear of deportation, these young people have been  able to participate in and contribute to our country, our cities and our economies; and      WHEREAS, DACA is good for our nation’s economy with 87 percent of DACA recipients employed by  American businesses and 6 percent of DACA recipients having started their own businesses, leading to  higher wages and better economic outcomes; and      WHEREAS, DACA recipients contribute 15.3 percent of their wages to taxes, which fund Social Security  and Medicare, and DACA recipients are investing in assets like houses, and starting new businesses,  bringing significant tax revenue to cities and states; and      WHEREAS, ending this program would leave 742,000 young people who now call this nation home  unsure of their legal status and would lead to the loss of 0.9 billion in tax contributions over the next  four years, the loss of at least 3.4 billion from the U.S. gross domestic product (GDP) over the next  decade; and      WHEREAS, according to data reported by the Deseret News on September 5, 2017, Utah has an  estimated 9,562 DACA recipients and 8,319 DACA workers. In total, the state stands to lose  $469,159,530 in GDP if the DACA is not reinstated. DACA recipients, some of whom work in, for and/or  reside in the City of Moab, positively contribute to our families, economy, schools and community; and     WHEREAS, the Armed Forces rely on DACA applicants to serve through Military Accessions Vital to the  National Interest (MAVNI), which enlists individuals who are fluent in critical languages or possess  medical or professional skills essential to the defense of our nation; and      WHEREAS, DACA helps further domestic public safety — 90 percent of DACA recipients obtained a  driver’s license or state identification card, and 54 percent purchased cars after getting DACA, resulting  in more insured and licensed drivers on American streets; and      WHEREAS, the young people who entered this country before they were 16, who benefit from DACA,  have significant bipartisan support, especially here in Utah where Senator Hatch sponsored the first  Page 72 of 79 DREAM ACT legislation, the Development, Relief, and Education for Alien Minors Act, also known as the  Student Adjustment Act of 2001; and      WHEREAS, the threatening rhetoric being used by the current administration is causing uncertainty and  fear that threatens the future of these young people who have come forward and entrusted the  government with their information; and      WHEREAS, we encourage the President to demonstrate his commitment to the American economy and  the ideals of our nation by continuing DACA until Congress modernizes our immigration system and  provides a more permanent form of relief for these individuals; and    WHEREAS, Utah has a long and proud history of support for refugee and immigration policies which  balance the rule of law with humanitarian obligations of just enforcement, particularly for children, such  as the Utah Compact and 2002 Utah Legislature House Bill 144, which allows undocumented students to  qualify for resident tuition rates at Utah’s public colleges and universities.     NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH:      Section 1.  Since  our community has historically come together in the face of great challenges, we call  upon all governmental, business and nonprofit agencies and institutions in the City of Moab,  surrounding municipalities, and throughout Grand County to come together to urge the Trump  Administration to keep the DACA program in place, ensuring protection of these young people.      Section 2. The City of Moab and its community partners call upon the Utah congressional delegation to  support immediate federal legislation which would continue the DACA program.     Section 3.  The Moab City Council hereby requests immediate action by Congress and the President to  permanently address the legal status of DREAMERS in such a way as to allow them a path to permanent  United States citizenship.     Section 4.  The Moab City Council hereby authorizes the Mayor, the City Manager and their designees to  undertake any and all action consistent with the intent of this Resolution to proactively support and  encourage the adoption of federal legislation requested herein, including but not limited touse of the  City, federal and state lobbyists, Utah League of Cities and Towns, the United States Conference of  Mayors, and any similar partner organization.         Adopted this 10th day of October, 2017.         CITY OF MOAB        _________________________________     Mayor David L. Sakrison    Attest:    ___________________________  Rachel Stenta, City Recorder  Page 73 of 79 RESOLUTION #57-2017 A RESOLUTION CONCERNING VICTIM TARGETING WHEREAS, the United States of America's Declaration of Independence states that governments are instituted to secure mankind's unalienable rights; WHEREAS, in 2017 alone, Christian monuments have been destroyed, Muslim mosques have been burned, and bomb threats have been made against Jewish schools, synagogues, and community centers; including here in Utah; WHEREAS, when a criminal deliberately targets a victim because of ancestry, disability, ethnicity, gender, gender identity, national origin, race, religion, or sexual orientation to deprive them of their unalienable right to life, liberty, property, or to pursue happiness, other members of that community are deeply affected, as is society as a whole; WHEREAS, law enforcement has asked for stronger tools to address crime in which the offender targets victims, to assist law enforcement in building better relations and trust with communities, and to more appropriately punish these vicious criminal acts; THEREFORE BE IT RESOLVED, that the City of Moab joins with community groups in calling on the Utah State Legislature to act. BE IT FURTHER RESOLVED that a signed copy of this resolution be sent to all members of the Utah Legislature representing any constituents residing within the City of Moab.   Adopted this 10th day of October, 2017.         CITY OF MOAB        _________________________________     Mayor David L. Sakrison    Attest:    ___________________________  Rachel Stenta, City Recorder    Page 74 of 79 Moab City Council Agenda Item Meeting Date: October 10, 2017 #: 7‐6 Title: Request to Purchase LED Speed Limit Signs w/Class ‘B’ Road Budget Date Submitted: October 2, 2017 Staff Presenter: Pat Dean, Public Works Director Attachment(s): Three Bid documents for cost of LED signs and Universal Mounting brackets, UDOT Uses of Class “B & C” Funds. Options: Approve, deny, or modify. Recommended Motion: Move to allow the purchase of LED Speed Limit signs and Mounting brackets. The cost of the signs and Brackets not to exceed $ 30, 800.00, to include shipping. We recommend that the signs be purchased from Safety Supply & Sign Co. who is the low bidder at $ 29,080.00, plus an additional $ 1,720.00 for extra brackets and estimated shipping cost, for a total of $ 30,800.00. Background/Summary: Part of our ongoing safe street program, we would like to purchase 8 ea. Radar Speed limit sign, Solar powered, these signs will use radar to inform you of your current speed. Thus making the driver aware of the posted speed and help keep them at that posted speed. These solar, radar signs will be complimented with rectangle LED, solar powered speed limit signs that will be posted as a continued reminder of the posted speed. These signs are being proposed to be installed on 500 West, north and south ends, 400 East north and south ends, 300 South , west and east end, and Millcreek Drive, just east of 400 east and just West of Sand Flats turnoff. These signs will be purchased with Class “B & C” Funds. In accordance with section 4.1.B, of the UDOT Regulations Governing Class B & Class C Road Funds dated Sept. 11, 2015. (Utah Code 72‐8‐101 to 72‐8‐105) Page 75 of 79 Quote Traffic Safety Corp. 2708 47th Avenue Sacramento, CA 95822 Phone: 916-394-9884 Fax: 916-394-2809 www.xwalk.com Bill To:Ship To: Moab City Moab, UT 84532 United States Moab City Moab, UT 84532 United States pdean@moabcity.org Page:1 Salesperson: Customer Number: 0075112 10/6/2017 02-QUOTEUT Jennifer Kay Quote Number: Quote Date: jennifer.kay@xwalk.com 11/5/2017Expires On: Confirm To: Patrick Dean Ship VIA BEST WAY Terms Net 30 Days From Invoice Date Item /Description UOM Price AmountQty Quoted Notes:435-260-7619 SI-SP100-S EA 20,792.008.00 Solar Powered Safe Pace 100 Radar Speed Sign 2,599.00 Yellow or White Face Plate SI-SP1BK2 EA 1,000.008.00 Universal Bracket Full Set for SP100/250/450/475/625/650 with Anti Theft Bolt. 125.00 Optional SI-TS40R2124SB EA 11,960.008.00 Solar Flashing LED Speed Limit Sign24''x30" Type IX Sheeting(Please advise Speed Limit 1,495.00 30 MPH (Mounting Hardware for 8" Round Pole) Net Order:33,752.00 Freight:0.00 Sales Tax:0.00 33,752.00Order Total: Thank you for considering us!! Please contact us with any questions. Terms and conditions apply. All prices are in U.S. dollars. Freight at Customer's Expense For Traffic Safety Warranty information:http://www.xwalk.com/pages/sys_warranty.htm Page 76 of 79 Page 77 of 79 Page 78 of 79 Page 79 of 79