HomeMy Public PortalAboutPKT-CC-2009-09-22CITY OF MOAB
September 22, 2009
The 5:30 workshop has been cancelled
PRE-COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
Updated on: 9/18/2009 Moab City Recorder’s Office Sun Mon Tue Wed Thu Fri Sat 1 7:00 MC Council Meeting 2 7:00 CVPC 3 6:00 MCPC 4 5 6 7 Labor Day 8 3:00 MVFPDC 5:00 GCCMD 9 12:00 TRAIL MIX 6:00 BCPC 10 6:30 TSSFD 11 12 13 14 12:30 GCCOA 4:00 GCWB 6:00 GCAB 15 16 6:30 CVTC 7:00 GCLB 7:00 GCRSSD 17 5:30 TCAB 18 19 20 21 22 3:00 MTPSC 7:00 SEUDHD 7:00 MC Council Meeting 23 6:00 GCPC 24 6:00 MCPC 25 26 27 28 12:00 CJC 29 30 2009 September
Entry Full Description Meeting Location DatesCHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last ThursdayCVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd ThursdayCVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st WednesdayCVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd WednesdayGCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd TuesdayGC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd TuesdayGCAB Grand County Airport Board 125 East Center Street 2nd TuesdayGCCOA Grand County Council on Aging Grand Center 2nd MondayGCHEC Grand County Higher Education Committee USU Extension Office 4th ThursdayGCHPC Grand County Historic Preservation Committee Grand Center 4th WednesdayGCLB Grand County Library Board 257 East Center Street 2nd WednesdayGCPC Grand County Planning Commission 125 East Center Street 2nd & 4th WednesdayGCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd WednesdayGCSDBE Grand County School District Board of Education 264 South 400 East 3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st ThursdayGCWB Grand County Weed Board Grand Center 1st MondayGWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd ThursdayLPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd MondayMARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st ThursdayMATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th ThursdayMC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th TuesdayMCPC Moab City Planning Commission 217 East Center Street 2nd & 4th ThursdayMMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd ThursdaySEUALG South Eastern Utah Association of Local Government Price 2nd ThursdaySEUDHD South Eastern Utah District Health Department Green River City OfficesTRAIL MIX Trail Mix Grand Center 2nd Tuesday noonTSSD Thompson Special Service District Thompson Springs Fire Station 2nd TuesdayTSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday
Updated on: 9/18/2009 Moab City Recorder’s Office Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 4:00 GCWB 6:00 GCAB 6 7 7:00 CVPC 8 6:00 MCPC 9 10 11 12 12:30 GCCOA 13 12:00 TRAIL MIX 3:00 MVFPOC 5:00 GCCMD 7:00 MC Council Meeting 14 4:30 GCHPC 6:00 GCPC 15 5:30 TCAB 16 17 18 19 20 21 5:00 GCLB 6:30 CVTC 7:00 GCRSSD 22 6:00 MCPC 23 24 25 26 27 3:00 MTPSC 7:00 MC Council Meeting 28 6:00 GCPC 29 30 31 2009 October
Entry Full Description Meeting Location DatesCHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last ThursdayCVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd ThursdayCVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st WednesdayCVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd WednesdayGCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd TuesdayGC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd TuesdayGCAB Grand County Airport Board 125 East Center Street 2nd TuesdayGCCOA Grand County Council on Aging Grand Center 2nd MondayGCHEC Grand County Higher Education Committee USU Extension Office 4th ThursdayGCHPC Grand County Historic Preservation Committee Grand Center 4th WednesdayGCLB Grand County Library Board 257 East Center Street 2nd WednesdayGCPC Grand County Planning Commission 125 East Center Street 2nd & 4th WednesdayGCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd WednesdayGCSDBE Grand County School District Board of Education 264 South 400 East 3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st ThursdayGCWB Grand County Weed Board Grand Center 1st MondayGWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd ThursdayLPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd MondayMARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st ThursdayMATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th ThursdayMC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th TuesdayMCPC Moab City Planning Commission 217 East Center Street 2nd & 4th ThursdayMMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd ThursdaySEUALG South Eastern Utah Association of Local Government Price 2nd ThursdaySEUDHD South Eastern Utah District Health Department Green River City OfficesTRAIL MIX Trail Mix Grand Center 2nd Tuesday noonTSSD Thompson Special Service District Thompson Springs Fire Station 2nd TuesdayTSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday
City of Moab – Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, September 22, 2009 at 7:00 p.m.
6:30 p.m. PRE-COUNCIL WORKSHOP
7:00 p.m. Call to Order: Pledge to Flag:
SECTION 1: APPROVAL OF MINUTES
1-1 September 1, 2009
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4: PRESENTATIONS
4-1 Presentation of the Mayor’s Student Citizenship of the
Month Award for March for Helen M. Knight Intermediate
School
4-2 Presentation by Teresa Wyatt-Hines Regarding Family
Support Center Update
4-3 Presentation by Karena Gholson Regarding Housing
Authority of Southeastern Utah Update
SECTION 5: PUBLIC HEARING (Approximately 7:30 PM)
5-1 A Public Hearing to Solicit Public Input on a Proposed
Conditional Use Permit Application for a Side Yard
Setback Reduction to Construct a Carport on Property
Located at 465 East 200 South in the R-2 Zone
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
5-2 A Public Hearing to Solicit Public Input on a Proposed
Class II Retail Beer License for Jeffrey Davis, d.b.a.
Jeffrey’s Steakhouse Located at 84 West 200 North. The
proposed license location is within a 600 foot proximity of
a Public Park
SECTION 6: NEW BUSINESS
6-1 Approval of a Request for an Amplified Music Event at Old
City Park by Rob Magleby on September 26, 2009
6-2 Approval of Use of City Right-of-Way to Conduct a
Sidewalk Sale at Various Locations on Main Street
October 9 and 10, 2009
6-3 Approval of a Peddler License for Joe Downard, d.b.a.
PaPa Joe’s Candyland to Conduct Mobile Vending Food
Sales
6-4 Approval of a Proposed Conditional Use Permit
Application for a Side Yard Setback Reduction to
Construct a Carport on Property Located at 465 East 200
South in the R-2 Zone
6-5 Approval of a Class II Restaurant Beer License for Jeffrey
Davis, d.b.a. Jeffrey’s Steakhouse Located at 84 West 200
North
6-6 Approval of an Agreement by and between the City of
Moab and the Housing Authority of Southeastern Utah
Providing for the Administration of Community
Development Block Grant Funds for the Improvement of
the Virginian Apartments
SECTION 7: READING OF CORRESPONDENCE
SECTION 8: ADMINISTRATIVE REPORTS
SECTION 9: REPORT ON CITY/COUNTY COOPERATION
SECTION 10: MAYOR AND COUNCIL REPORTS
SECTION 11: PAY THE BILLS AGAINST THE CITY OF MOAB
SECTION 12: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this
meeting should notify the Recorder’s Office at 217 East Center Street, Moab, Utah 84532;
or phone (435) 259-5121 at least three (3) working days prior to the meeting.
Check our website for updates at: www.moabcity.org
September 1, 2009 Page 1 of 2
MOAB CITY COUNCIL
REGULAR MEETING
September 1, 2009
The Moab City Council held its Regular Meeting on the above date in
the Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor David L. Sakrison called the Pre-Council
Workshop to order at 6:30 PM.
In attendance were Councilmembers Gregg Stucki, Sarah Bauman and
Kyle Bailey; City Manager Donna Metzler, City Recorder/Assistant
City Manager Rachel Ellison, Community Development Director David
Olsen, Planning Director Jeff Reinhart, City Treasurer Jennie Ross, City
Engineer Dan Stenta and Police Chief Mike Navarre.
Mayor Sakrison called the Regular City Council Meeting to order at
7:00 PM and led in the Pledge of Allegiance. Nine (9) members of the
audience and media were present.
Councilmember Stucki moved to approve the Regular Council Meeting
Minutes of July 14, and 28, August 11 and 25, 2009 and the Special
Council Meeting Minutes of August 7, 17 and 21, 2009.
Councilmember Bailey seconded the motion. The motion carried 3-0
aye.
There were no Citizens to be Heard.
A Community Development Department Update was not given.
Under Engineering Department Update, City Engineer Stenta stated that
the Grand County Council had voted to support cost partnering on the
Millcreek Drive pathway project up to $70,000.
City Manager Metzler stated that the Council would be reviewing an
Interlocal Agreement with Grand County at a future council meeting.
A Planning Department Update was not given.
A Police Department Update was not given.
A Public Works Department Update was not given.
Councilmember Bailey moved to approve a Special Events License for
the Moab Century Tour to Conduct a Road Cycling Event September 18
to 20, 2009. Councilmember Bauman seconded the motion. The
motion carried 3-0 aye.
Councilmember Stucki moved to approve a Request for an Amplified
Music Event at Old City Park by Marc Nowak on September 25, 2009.
Councilmember Bauman seconded the motion. The motion carried 3-0
aye.
Councilmember Bauman moved to approve a Peddler License for
Dennis Dressler, d.b.a. the Ice Cream Peddler to Conduct Ice Cream
Vending Sales. Councilmember Bailey seconded the motion. The
motion carried 3-0 aye.
Councilmember Bauman moved to table Approval of Proposed
Resolution #19-2009 ¬ A Resolution Approving the Drinking Water
Source Protection Plan for the Lionsback Development.
Councilmember Bailey seconded the motion. The motion carried 3-0
aye.
Councilmember Stucki moved to approve a Cooperative Agreement by
and between the City of Moab and the Utah Department of
Transportation for the 500 West Reconstruction Project.
REGULAR MEETING &
ATTENDANCE
PRECOUNCIL WORKSHOP
REGULAR MEETING
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY
DEVELOPMENT UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
SPECIAL EVENTS LICENSE
FOR MOAB CENTRURY
TOUR, APPROVED
AMPLIFIED MUSIC EVENT
AT OLD CITY PARK,
APPROVED
APPROVAL OF A PEDDLER
LICENSE FOR DENNIS
DRESSLER, APPROVED
APPROVAL OF PROPOSED
RESOLUTION #19-2009,
TABLED
COOPERATIVE UDOT
AGREEMENT, APPROVED
September 1, 2009 Page 2 of 2
Councilmember Bailey seconded the motion. The motion carried 3-0
aye.
City Engineer Stenta Made a presentation regarding the Additive
Prioritization List for the 500 West Reconstruction Project. Discussion
followed.
There was no Correspondence to be Read.
Under Administrative Report, City Manager Metzler stated that City
Departments had enacted some temporary measures to offset the
decreases in sales tax revenue. City Manager Metzler continued that the
Aquatic Center Project was moving forward and plans should be
available for public review in the near future. City Manager Metzler
stated that she would be meeting with the County to review the
community impact board prioritization list for Moab as well as working
on the Lion’s Park Project.
Under Report on City/County Cooperation, City Manager Metzler stated
that the City and County will be working on a significant road
improvement project on Millcreek Drive.
Under Mayor and Council Reports, Councilmember Bailey stated that
the hospital groundbreaking had been a success and the foundation work
should begin within two weeks.
Councilmember Bauman stated that on September 14, 2009 at 6:00 PM
at the Grand County Library another regional planning meeting would
be held to determine the next planning steps to take as a community.
Councilmember Bauman then stated that the Housing Authority had
moved their meetings to Wednesdays and that as City Liaison she was
unable to attend Wednesday meetings. Councilmember Bauman then
stated that she had received an inquiry regarding the dog park and that
she had received an update from Recreation Coordinator John Geiger.
Councilmember Bailey moved to pay the bills against the City of Moab
in the amount of $91,149.56. Councilmember Stucki seconded the
motion. The motion carried 3-0 aye by a roll-call-vote.
Councilmember Bailey moved to adjourn. Councilmember Stucki
seconded the motion. The motion carried 3-0 aye.
Mayor Sakrison adjourned the meeting at 7:37 PM.
APPROVED: ____________________ ATTEST: ____________________
David L. Sakrison Rachel Ellison
Mayor City Recorder
DISCUSSION REGARDING
ADDITIVE
PRIORITIZATION LIST FOR
500 WEST
READING OF
CORRESPONDENCE
ADMINISTRATIVE
REPORTS
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
MOTION TO ADJOURN,
APPROVED
ADJOURNMENT
R:\Notices\cup carport.doc
CITY OF MOAB
PROPOSED CONDITIONAL USE PERMIT
FOR SIDE YARD SETBACK REDUCTION
The City of Moab will hold a Public Hearing on Tuesday, September 22, 2009 at
approximately 7:30 p.m. in the Council Chambers of the Moab City Offices at 217
East Center Street, Moab, Utah.
The purpose of this hearing is to solicit public input on a proposed Conditional
Use Permit Application for a Side Yard Setback Reduction to Construct a Carport
on Property Located at 465 East 200 South in the R-2 Zone.
In compliance with the Americans with Disabilities Act, individuals needing
special accommodations during this meeting should notify the Recorder’s Office
at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least
three (3) working days prior to the meeting.
/s/ Rachel Ellison
City Recorder
Published in the Times Independent, September 10 and 17, 2009.
City of Moab
Planning and Zoning Department
Correspondence
PL-09-125
September 15, 2009
Memo To: Honorable Mayor and Members of Council
From: Planning Staff
Subject: Public Hearing for a Conditional Use Permit for a Side Yard Setback
Reduction to Construct a Carport on Property Located at 465 E 200 S in
the R-2 Zone, as Recommended to Council for Approval by the Planning
Commission
Background
Mr. Jay Leetham, owner of 465 E 200 S has applied to the City to construct a carport within the
side yard setback area of his property. The carport will be located on the west side of the home
and consist of 432 square feet (12’X36’). The structure will be located approximately one (1)
foot from the west wall of the home and extend west to within 2.25 feet of Mr. Leetham’s west
property line.
The submitted catalogue page indicates that the leg height for the selected model is eight feet.
The manufacturer has indicated that the height of the structure will be ten (10) feet to the roof
peak.
The Planning Commission reviewed this application at their regular meeting held on August 13,
2009, and with the adoption of Planning Resolution No. 07-2009, recommends that Council
approve the permit as submitted.
Discussion
A conditional use permit for a reduced side yard setback for carports is discussed
in Code Section 17.09.680 Conditional use--Carports located within the side
setback area of primary dwellings. Carports may be located in one of the side
setback areas of the principal use but may not be located or extend into the primary
dwelling’s required front setback area.
If there is an extension of the primary dwelling or other construction within any side
setback area of the primary dwelling, locating a carport in that same setback area is
not allowed. Carports may be constructed to an adjacent property line if the
structure meets the requirements of the building code.
A maximum height limit of twelve feet is imposed on carports locating in the side
setback area. (Height is defined as the vertical distance measured from the
average grade of the site to the highest point of the roof.)
Moab Council
CUP Leetham Carport
PL‐09‐124
September 15, 2009
Carports are required to obtain a building permit and to submit site plans that
accurately describe existing dimensions of the side setback area and the
dimensions of the proposed structure. The property owner or owners adjacent to
the proposed carport shall be notified by the applicant prior to planning commission
review.
Additional reasonable conditions may be established by the planning commission
to protect the safety, integrity and aesthetics of the area.
Issues
Land Use Code Section 17.09.530, Conditional Uses, establishes the general criteria that must
be applied for the review of conditional use applications. The section states,
“(1) The proposed conditional use and accessory uses are compatible with adjacent
existing uses and other allowed uses in the zoning district. Such compatibility shall be
expressed in terms of appearance, architectural scale and features, site design and scope,
landscaping, as well as the control of adverse impacts including noise, vibration, smoke,
fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues,
or other undesirable or hazardous conditions.
(2) The proposed conditional use has incorporated design features sufficient to
protect adjacent uses including but not limited to: service areas, pedestrian and
vehicular circulation, safety provisions, access ways to and from the site, buffering,
fencing, and site building placement.
(3) The proposed use is not detrimental to the public, health, safety and welfare
through effective management or prohibition of outdoor storage, a required sewer
connection, and proper disposal of waste.
(4) Adequate public services such as streets, off-street parking, pedestrian facilities,
water, sewer, gas, electricity, police, fire, and EMS protection must be available without
the reduction of services to other existing uses.
(5) Provisions for proper maintenance of the building, parking and loading areas,
drives, lighting, signs, landscaping, etc. shall be provided.
(6) The proposed conditional use shall conform to all regulations of this Code
concerning adopted plans, hours of operation, polices and requirements for parking and
loading, signs, highway access, and all other applicable regulations.
(7) The use is consistent with the City of Moab General Plan as amended.
Moab Council
CUP Leetham Carport
PL‐09‐124
September 15, 2009
(8) The applicant must demonstrate that site impacts within the property as well as
adjoining properties have been fully mitigated appropriate to the topography of the site.
The review of impacts include, at a minimum, slope retention, flood potential, and
possible damage to riparian or hillside areas.
9) After considering the public comment relating the criteria listed above in relation
to the requested Conditional Use Permit, the Planning Commission shall adopt a
resolution stating their findings of the applicant’s demonstrated ability to meet the
criteria for a Conditional Use Permit. Approval or denial of the application by the City
Council shall be memorialized in the minutes of the meeting. A determination that the
applicant has not met one or more of the applicable criteria shall be sufficient to deny the
request. The Planning Commission and the City Council, respectively, may establish
additional conditions of operation, location, arrangement and construction in the
issuance of a Conditional Use Permit if deemed to be in the public interest or to assure
compliance with other aspects of the Moab Municipal Code.”
Alternatives
1) Approve the application as submitted;
2) Approve the application with any necessary conditions to satisfy provisions of the Code;
3) Deny the application and state their reasons;
4) Table the application in order to satisfy the need for additional information.
P:\2009\Correspondence\PL-09-124 Leetham CC PH.docx
R:\Notices\proximity ph.doc
CITY OF MOAB
PROPOSED CLASS II RETAIL BEER LICENSE
PROXIMITY PUBLIC HEARING
The City of Moab will hold a Public Hearing on Tuesday, September 22, 2009 at
approximately 7:30 p.m. in the Council Chambers of the Moab City Offices at 217
East Center Street, Moab, Utah.
The purpose of this hearing is to solicit public input on a proposed Class II Retail
Beer License for Jeffrey Davis, d.b.a. Jeffrey’s Steakhouse Located at 84 West
200 North. The proposed license location is within a 600 foot proximity of a
Public Park. The City Council will solicit public input regarding granting a
variance to the proximity distance restrictions for a Class II Beer License.
In compliance with the Americans with Disabilities Act, individuals needing
special accommodations during this meeting should notify the Recorder’s Office
at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least
three (3) working days prior to the meeting.
/s/ Rachel Ellison
City Recorder
Published in the Times Independent, September 10 and 17, 2009.
REC-MEM-09-08-008
Memorandum
To: Honorable Mayor and Councilmembers
From: Rachel Ellison, City Recorder
Date: 08/21/2009
Re: Local Consent for Proximity Variance
Attached you will find a Local Consent application for a Full Service Restaurant Liquor License for
Jeffrey’s Steak House as well as an aerial map detailing the proximity issue. The proposed location
is within the 600 foot proximity requirement of Swanny City Park.
The process for granting a variance is somewhat confusing. The State will require a local public
hearing to solicit public comment prior to granting a variance. The State also requires that the City
Council give local consent to grant the proximity variance in order to proceed with the public
hearing. If the outcome of the public hearing was negative, the City Council could then withdraw
their consent to grant the proximity variance, however, the State can’t proceed with scheduling a
public hearing without approval from the City Council.
Our code also requires a public hearing in order for the City Council to approve a proximity variance
for the city Class II Restaurant license. During the last proximity process, the City opted to hold the
public hearing simultaneously with the State’s public hearing. I would recommend doing that again
to save time and avoid public confusion.
I am available to answer any questions you may have.
CITY OF MOAB
Agreement
by and between
the City of Moab and the Housing Authority of Southeastern Utah
Providing for the Administration of Community Development Block
Grant Funds for the Improvement of the Virginian Apartments
This agreement is made and entered into by and between the City of Moab, a Utah Body
Politic, (hereinafter referred to as “CITY”), and the Housing Authority of Southeastern
Utah, (herein after referred to as “HASU”).
THIS AGREEMENT is made and entered into based upon the following representations
made by the parties to each other:
1. The City of Moab is a duly created and existing body politic of the State of Utah
and has the legal authority and power to enter into this Agreement and to execute
the same by and through the undersigned Mayor of the CITY.
2. HASU is a duly created and existing nonprofit corporation under the laws of the
State of Utah and has the legal authority and power to enter into this Agreement
and to execute the same.
PURPOSE OF THIS AGREEMENT: This agreement is entered into as a result of a
Community Development Block Grant (CDBG) awarded to the CITY for the 2009
calendar year on behalf of the HASU, for the purpose of improving the Virginian
Apartments (hereinafter referred to as the “PROJECT”).
All provisions herein are subordinate to and in fulfillment of the contract between the
Utah Department of Community and Economic Development, Division of Community
Development (herein after referred to as STATE) and the CITY for said Community
Development Block Grant.
AGREEMENT PERIOD: This agreement shall be effective September 22, 2009 and
shall terminate December 31, 2010, unless terminated sooner, in accordance with the
terms and conditions of this agreement, or any other contract or agreement which may be
entered into for the accomplishment of the above mentioned project.
ADMINISTRATION OF FUNDS: The parties herby agree that CITY shall administer
CDBG funds in the amount not to exceed $225,000. The Moab City Community
Development Director shall act on behalf of the CITY as the primary contact and
administrator of said funds. The Moab City Community Development Coordinator shall
coordinate funding for the PROJECT with the HASU Executive Director to ensure that
the goals and requirements of the PROJECT as established by the terms of the
Community Development Block Grant contract are achieved. The City shall review all
invoices for the project as submitted to the CITY by HASU, and then coordinate
submittal and reimbursement of qualified project expenses with the appropriate CDBG
representative. The CITY will reimburse to HASU project expenses from CDBG
proceeds.
ADMINISTRATION OF PROJECT: The parties agree that HASU will administer
procurement and construction of the PROJECT in accordance with Community
Development Block Grant procurement and purchasing polices and procedures. HASU
shall be responsible for quality control of the PROJECT and to inspect and correct work
of contractors as needed. HASU shall comply will all applicable federal regulations and
provide the CITY with all documentation requested to fulfill the Community
Development Block Grant requirements. The CITY assumes no responsibility or liability
in case HASU neglects to meet said policies, procedures and regulations.
MAINTENANCE OF AFFORDABILITY: HASU shall maintain affordability
standards as set forth by the terms of the Community Development Block Grant for at
least five years following the date of the close-out of the Community Development Block
contract. Any lapse of the maintenance of affordability of the project shall be the sole
responsibility of HASU and not the CITY. Any penalties assessed or funds returned to
CDBG due to the lapse of affordability or any other reason shall be paid by HASU and
not the CITY.
APPROVED by the Moab City Council in open session this 22nd day of September,
2009.
City of Moab
_______________________________
David Sakrison, Mayor
Attest:
________________________
Rachel Ellison, Recorder
Housing Authority of Southeastern Utah
_________________________________
Chair, Housing Authority of Southeastern Utah