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Home My Public Portal AboutPKT-CC-2009-10-27CITY OF MOAB OCTOBER 27, 2009 PRE-COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Updated on: 10/9/2009 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 10:00 Special Council Meeting 11:30 Joint City/County Meeting 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 Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 4th Wednesday GCLB Grand County Library Board 257 East Center Street 2nd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Tuesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday November )00H110ZIANtill[IrSdillddr J Sun Mon Tue Wed Thu Fri Sat 1 2 4:00 GCWB 6:00 GCAB 3 Moab General Election 4 7:00 CVPC 5 6 7 8 9 12:30 GCCOA 10 12:00 TRAIL 3:00 MVFPOC 5:00 GCCMD 7:00 MC Council MIX Meeting 11 6:00 GCPC 12 6:00 MCPC 6:30 TSSFD 13 14 15 16 17 18 5:00 GCLB 6:30 CVTC 7:00 GCRSSD 19 5:30 TCAB 20 21 22 23 12:00 CJC 24 3:00 MTPSC 7:00 SEUDHD 7:00 MC Council Meeting 25 6:00 GCPC 26 27 28 29 30 cal op itsu_ 2009 11 ... 1A /A „nnn 7 Moab City Recorder s Office Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 4th Wednesday GCLB Grand County Library Board 257 East Center Street 2nd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Tuesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org City of Moab — Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, October 27, 2009 at 7:00 p.m. 41111111111111111111111111111111111111111111111111111111111 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. SECTION 1: Call to Order: Pledge to Flag: APPROVAL OF MINUTES 1-1 September 22, 2009 1-2 October 13, 2009 1-3 October 16, 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 October 2009 for Helen M. Knight Intermediate School SECTION 5: PUBLIC HEARING (Approximately 7:30 PM) 5-1 Solicitation of Community Development Block Grant Projects for the Small Cities Program for Year 2010 SECTION 6: NEW BUSINESS 6-1 Approval of the First Amendment to the Planned Unit Development (PUD) Improvements Agreement for Mulberry Grove PUD 6-2 Approval of a Special Business Event License for TAP Enterprises Tool Sale Located at 711 South Main Street to be Conducted on November 2 and 3, 2009 6-3 Approval of a Special Event License for the Moab Folk Festival/Camp at Various Locations to be Conducted November 1 to 8, 2009 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 MOAB CITY COUNCIL REGULAR MEETING September 22, 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, Jeffrey Davis, 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 Economic Development Specialist/Administrative Analyst Kenneth F. Davey. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Twenty-six (26) members of the audience and media were present. Councilmember Stucki moved to approve the Regular Council Meeting Minutes of September 1, 2009. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. There were no Citizens to be Heard. Under Community Development Department Update, Community Development Director Olsen stated that the Community Development Block Grant (CDBG) Golf Course Waterline Project had been closed out the previous week and that the new proposed CDBG project would soon be going to public hearing. Community Development Director Olsen then stated that he was finishing up an environmental assessment for the Virginian Apartments and would be working with the Housing Authority of Southeastern Utah regarding an easement for Millcreek Drive and that $26,000 in grant funds had been approved for the Pipe Dream and Power Dam trails. Community Development Director Olsen then stated that the 500 West Stream Alteration Permit was approved to clean out debris under the 500 West pedestrian bridge. Councilmember Bailey inquired if the island in Mill Creek by Main Street would be removed. Community Development Director Olsen stated that initial engineering work by Bowen Collins was under way and that he could provide more details at a later date. Under Engineering Department Update, City Engineer Stenta stated that he had been working with the developer of Haciendas Subdivision to facilitate a solution to the unfinished subdivision improvements. City Engineer Stenta then stated that the water modeling project was well under way. Under Planning Department Update, Planning Director Jeff Reinhart stated that the Utah Local Governments Trust Land Use Specialist, Meg Ryan, would be conducting a Land Use Authority Training for Planning Commission, City Council and Board of Adjustment Members on Thursday, October 8, 2009. A Police Department Update was not given. A Public Works Department Update was not given. A Presentation was made by Teresa Wyatt -Hines Regarding an Update 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 PRESENTATION - FAMILY SUPPORT CENTER September 22, 2009 Page 1 of 3 1 1 of the Family Support Center. Councilmember Bauman moved to approve a Request for an Amplified Music Event at Old City Park by Rob Magleby on September 26, 2009. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve the Use of City Right -of -Way to Conduct a Sidewalk Sale at Various Locations on Main Street October 9 and 10, 2009. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Bauman moved to approve a Peddler License for Joe Downard, d.b.a. PaPa Joe's Candyland to Conduct Mobile Vending Food Sales. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to approve 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. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Mayor Sakrison opened a public hearing at 7:25 PM on Solicitation of 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 and Solicitation of 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. Planning Director Jeff Reinhart gave a staff overview of the proposed conditional use permit. Jim Thusen spoke regarding Proposed Class II Retail Beer License and stated that he believed Jeffrey Davis to be a good business person and important to the community. Mr. Thusen stated that he believed that Mr. Davis would ensure proper use of the permit and proper treatment of the public. Rob Hansen of the Utah Department of Alcoholic Beverage Control (UDABC) stated that the applicant will be on the UDABC commission agenda for September 29, 2009 for a full service license. Mayor Sakrison closed the public hearing at 7:31 PM. Councilmember Bailey moved to approve 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. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Class II Restaurant Beer License for Jeffrey Davis, d.b.a. Jeffrey's Steakhouse Located at 84 West 200 North. Councilmember Bauman seconded the motion. The motion carried 3-0 aye with Councilmember Davis abstaining. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that the final construction drawings for the Aquatic Center would be available by AMPLIFIED MUSIC EVENT AT OCP, APPROVED USE OF CITY RIGHT-OF- WAY FOR SIDEWALK SALE, APPROVED PEDDLER LICENSE FOR JOE DOWNARD, APPROVED AGREEMENT WITH HOUSING AUTHORITY OF SOUTHEASTERN UTAH, APPROVED PUBLIC HEARING OPENED ON CONDITIONAL USE PERMIT AND PROPOSED CLASS II RETAIL BEER LICENSE WITHIN PROXIMITY OF A PUBLIC PARK PUBLIC HEARING CLOSED CONDITIONAL USE PERMIT, APPROVED CLASS II RESTAURANT BEER LICENSE FOR JEFFREY DAVIS, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS September 22, 2009 Page 2 of 3 1 1 September 30, 2009 and the final estimate would follow. City Manager Metzler stated the guaranteed maximum price for the Aquatic Center would come back before the City Council for approval with construction starting in November. City Manager Metzler stated that she had been negotiating a franchise agreement with Rocky Mountain Power as well as a Hazardous Materials agreement with Grand County and a shared sidewalk agreement of MiVida Drive and shared parking for the Aquatic Center with the Grand School District. City Manager Metzler stated she had also been negotiating a Septage Hauling Agreement also. City Manager Metzler stated that the new sales tax revenue numbers should be posted by the State the following week. Under Report on City/County Cooperation, Mayor Sakrison stated that he and City Manager Metzler had attended the tailings steering committee meeting and that Grand County would be hiring a liaison between Grand County and Energy Solutions. Under Mayor and Council Reports, Councilmember Bauman stated that there would be a regional planning meeting on October 5, 2009 at 6:00 PM at the Grand County Library. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $227,947.48. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 7:50 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT September 22, 2009 Page 3 of 3 1 1 MOAB CITY COUNCIL REGULAR MEETING October 13, 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 6:37 PM. In attendance were Councilmembers Gregg Stucki, Jeffrey Davis, Rob Sweeten 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, Public Works Director Brent Williams, Police Chief Mike Navarre and Economic Development Specialist/Administrative Analyst Kenneth F. Davey. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Seventeen (17) members of the audience and media were present. There were no minutes to approve. Under Citizens to be Heard, Jessie Plumb stated that she is Miss Moab, Utah USA and would be competing in the Miss Utah, USA pageant in eleven days. Ms. Plumb stated that she chose to be Miss Moab, Utah USA because she believes in our community. Ms. Plumb stated that the pageant contestants would be conducting a charitable dinner for the Best Buddies of Utah Organization which connects individuals with intellectual disabilities with mentors to integrate successfully into society. Ms. Plumb stated that the dinner would be held in Ogden, Utah on October 22, 2009 and requested that the City Council and Mayor help represent Moab at that event. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Stenta stated that the Joint Highways Committee had met and had not approved award of $250,000 for the 500 West Reconstruction Project. City Engineer Stenta stated that the Utah Department of Transportation encouraged the City to resubmit their application for reconsideration. Under Planning Department Update, Planning Director Jeff Reinhart stated that the Planning Commission approved the site plan for the Aquatic Center. Mayor Sakrison requested that a letter of thanks be sent to Meg Ryan at Utah Local Governments Trust for the Land Use Training that she provided for Moab City. A Police Department Update was not given. A Public Works Department Update was not given. Mayor Sakrison Presented James Maxwell with the Mayor's Student Citizenship of the Month Award for September 2009 for the Helen M. Knight Intermediate School. A Presentation was made by Grand County School District Superintendent Margaret Hopkin regarding a School District Update. A Presentation was made by Roy Barraclough regarding Allen Memorial Hospital. 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 STUDENT OF THE MONTH FOR SEPTEMBER 2009 PRESENTATION - GRAND COUNTY SCHOOL DISTRICT PRESENTATION - ALLEN MEMORIAL HOSPITAL October 13, 2009 Page 1 of 3 2 Councilmember Sweeten moved to award the 2009 Neptune ARB Meters Bid to Grand Junction Pipe Company in the amount of $30,950.00. Councilmember Bailey seconded the motion carried 4-0 aye by a roll -call -vote. Councilmember Sweeten moved to approve the 2009 Municipal General Election Judges. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Sweeten moved to approve the 2009 Municipal General Election Polling Places. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Sweeten moved to Send Solicitation of Community Development Block Grant Projects for the Small Cities Program for Year 2010 to Public Hearing. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve Proposed Resolution #15- 2009 — A Resolution Amending the General Plan Adding an Affordable Housing Plan. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve Proposed Resolution #21- 2009 — A Resolution Approving an Interlocal Agreement Between the City of Moab and Grand County. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to approve Proposed Ordinance #2009-10 — An Ordinance Granting an Electric Utility Franchise and General Utility Easement to Rocky Mountain Power. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. Councilmember Sweeten moved to approve Proposed Ordinance #2009- 12 — An Ordinance Amending Section 6.04.440 of Moab Municipal Code Regarding Animal Cruelty. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Sweeten moved to approve Proposed Resolution #22- 2009 — A Resolution Amending Fees for the Moab Arts and Recreation Center and the Moab Teen Center. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Stucki moved to approve a Professional Services Agreement Between the City of Moab and MWH. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye by a roll - call -vote. Councilmember Davis moved to approve Proposed Resolution #24- 2009 — A Resolution Approving the Permanent Community Impact Fund Board List for the City of Moab. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to approve Proposed Resolution #23- 2009 — A Resolution Amending the Moab Personnel Policies and Procedures Manual. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. Under Reading of Correspondence, Mayor Sakrison stated that he had received a letter from Zions Bank stating that there would be an exhibit at our local bank branch. Mayor Sakrison then read a letter from the International Institute of Municipal Clerks congratulating the City on City Recorder/Assistant City Manager Rachel Ellison's achievement of AWARD OF 2009 NEPTUNE ARB METERS BID 2009 MUNICIPAL GENERAL ELECTION JUDGES, APPROVED 2009 MUNICIPAL GENERAL ELECTION POLLING PLACES, APPROVED CDBG SOLICITATION OF 2010 PROGRAM PROJECTS, SENT TO PUBLIC HEARING RESOLUTION #15-2009, APPROVED RESOLUTION #21-2009, APPROVED ORDINANCE #2009-10, APPROVED ORDINANCE #2009-12, APPROVED RESOLUTION #22-2009, APPROVED PROFESSIONAL SERVICES AGREEMENT WITH MWH, APPROVED RESOLUTION #24-2009, APPROVED RESOLUTION #23-2009, APPROVED READING OF CORRESPONDENCE October 13, 2009 Page 2 of 3 _ 2 obtaining the certification of Master Municipal Clerk. Mayor Sakrison then reminded the Council and public that voters musto bring their identification to the polls in order to vote in the Municipal General Election on November 3, 2009. Mayor Sakrison then stated that he had been visited by representatives of the 2010 Census. Under Administrative Report, City Manager Metzler reminded the ADMINISTRATIVE Council and Mayor of the Special Joint City/County Meeting scheduled REPORTS for October 16, 2009 at 11:30 AM. City Manager Metzler then stated that she had received final construction drawings for the Aquatic Center and that the bid opening had been scheduled for November 3, 2009 in Salt Lake City. City Manager Metzler continued that she was working on the Solid Waste Collection Franchise Agreement Extension. Under Report on City/County Cooperation, Councilmember Sweeten inquired how the City could help the School District with their present situation. REPORT ON CITY/COUNTY COOPERATION Under Mayor and Council Reports, Councilmember Stucki stated that MAYOR AND COUNCIL he had been contacted by a citizen regarding a crosswalk on the north REPORTS side of town for the new school. Councilmember Bailey moved to pay the bills against the City of Moab APPROVAL OF BILLS in the amount of $274,520.26. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Sweeten moved to adjourn. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the meeting at 8:25 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder MOTION TO ADJOURN, APPROVED ADJOURNMENT October 13, 2009 Page 3 of 3 _ 2 MOAB CITY COUNCIL SPECIAL JOINT MEETING October 16, 2009 The Moab City Council held a Special Joint City Council/Grand County Council Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor Sakrison called the Special City Council Meeting to order at 10:00 AM. In attendance were Councilmembers Kyle Bailey, Gregg Stucki, Rob Sweeten, Jeff Davis and Sarah Bauman; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Engineer Dan Stenta, Public Works Director Brent Williams and four members of the audience. City Engineer Stenta made a Presentation Regarding Proposed Resolution #19-2009 - A Resolution Approving the Drinking Water Source Protection Plan for the Lionsback Development. Discussion followed. Mayor Sakrison recessed the Special Council Meeting at 11:07 AM. Mayor Sakrison reconvened the Special Council Meeting at 11:42 AM. Additionally in attendance from Moab City were Community Development Director David Olsen, Film Commission Director Tara Penner, Planning Director Jeff Reinhart and Administrative Analyst/Economic Development Specialist Ken Davey. In attendance from Grand County were Councilmember Pat Holyoak, Councilmember Robert Greenberg, Councilmember Gene Ciarus, Councilmember Audrey Graham, Councilmember Chris Baird and Council Administrator Melinda Brimhall. Five (5) members of the audience were present. Film Commission Director Penner made a presentation regarding the Moab to Monument Valley Film Commission. SPECIAL MEETING AND ATTENDANCE PRESENTATION RECESS RECONVENE PRESENTATION Community Development Director Olsen made a presentation regarding PRESENTATION the Grand County Non -Motorized Trails Master Plan. Discussion followed. Councilmember Bauman made a presentation regarding Regional Planning Discussion followed. Mayor Sakrison recessed the Special Meeting at 1:05 PM. Mayor Sakrison reconvened the Special Meeting at 1:14 PM. Councilmember Bailey moved to enter an executive session for the purpose of discussion regarding pending or reasonably imminent litigation. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. An executive session was entered at 1:14 PM. Councilmember made a motion to close the executive session. Councilmember seconded the motion. The motion carried 4-0 aye. The executive session was closed at 1:49 PM. Councilmember moved to approve of An Elected Official's/Employee's Request for Indemnification of Legal Fees: a) Kyle Bailey e) Sarah C. Bauman b) Jeffrey A. Davis 0 Gregg W. Stucki PRESENTATION RECESS RECONVENE MOTION TO ENTER EXECUTIVE SESSION, APPROVED EXECUTIVE SESSION MOTION TO CLOSE EXECUTIVE SESSSION, APPROVED EXECUTIVE SESSION CLOSED MOTION TO APPROVE INDEMNIFICATION OF LEGAL FEES, APPROVED October 16, 2009 Page 1 of 2 c) Rob Sweeten g) Donna Metzler d)David L. Sakrison h) Sommar Johnson Councilmember seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Pro-tem Stucki adjourned the meeting at 1:50 PM. ADJOURNMENT APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder October 16, 2009 Page 2 of 2 City of Moab Planning and Zoning Department Interoffice Correspondence October 21, 2009 Memo To: Honorable Mayor and Members of Council From: Planning Staff Item: Approval of a Requested Extension of Time of Infrastructure Completion for Mulberry Grove PUD as Submitted by Michelle Stenta of Mulberry Lane Community LLC Background The Mulberry Grove Improvements Agreement was approved by Council on January 9, 2008, and the request is for a time extension of an additional two(2) years. The letter adequately describes issues that have been addressed and the remarkable progress that has been achieved. Discussion Code section 17.66.190, Bond duration, allows a time period for the duration of the bond or other assurance not to exceed two years from the date of approval. However, if an application is made for an extension at least sixty (60) days prior to the expiration date, then Council may grant an extension as long as the issuer of the bond will extend the time of the assurance. In this case, the city is the holder of the assurance in the form of specific building lots within the PUD. The attached Improvements Agreement is highlighted to show the amendments to the language and will allow the agreement to be in effect until January 9, 2012. Recommendation Staff recommends that the two-year extension be granted in light of the reasons stated in the letter of application. p:\planning department \\2009\correspondence\p1-09-148 mulberry grace cc extension.docz Mulberry Lane Community, LLC 472 Tusher Street Moab, Utah 84532 (435) 210-1161 October 7, 2009 Moab City Council 217 East Center Street Moab, Utah 84532 RE: Mulberry Grove Improvements Agreement — Time Extension Request Dear Moab City Council, We are writing to request an extension of time for the completion of the public improvements required for the Mulberry Grove development. The satisfactory completion of all required improvements is covered under a Subdivision Improvements Agreement (SIA), between the City and Mulberry Lane Community, LLC (MLC) dated January 9, 2008. The existing agreement established a two year timeline for the completion of the required improvements. However, the agreement does provide for an extension of the time period as follows: "A reasonable extension of time for the completion of improvements may be granted, at the discretion of the City Council, upon a showing by the OWNER that there is good cause for an extension and that the work has been diligently prosecuted from the date of this Agreement." We believe that the conditions for the granting of an extension exist, and that an additional two years will be sufficient for us to complete the infrastructure required by our SIA. We offer the following information as evidence that good cause exists for an extension of time. Initial progress on the water and sewer systems was hampered by the uncertainty of who would be the service provider, the City or GWSSA. Since the deep underground utilities must be installed before most other work, overall progress was slowed. Since the execution of the agreement, the market for real estate has evaporated due to the national recession. As a result, we have chosen to proceed cautiously with the development to minimize our debt exposure. However, in spite of the market conditions, we have made significant progress with the installation of Mulberry Grove infrastructure. To date the following improvements have been completed: the water, sewer, power, and phone systems are finished and these utilities can be activated at all of the lots; the site earthwork, clearing and grubbing is complete; 80% of the storm drain system is complete; and 33% of the exterior lighting system is installed. In all more than half of Mulberry Grove's required infrastructure has been completed. Please see the attached Subdivision Improvements Cost Worksheet for further details. Said improvements have been completed on a "pay-as-you-go" basis with receipts from lot sales and money put up by the MLC partners. We mention this to make you aware that the overall financial health of the project is stable, with no encumbrances on the property other than that held by the City. We have also completed some common improvements, which although not required by the Agreement, are targeted at improving the appearance and marketability of the project. Included in this category are: the installation of a secondary irrigation water distribution system to all lots, which will provide ditch water rather than culinary water for outdoor watering; the construction of a large terraced screening berm in the east parking area; (The design of this berm was based on significant input from some of our immediate neighbors in Hecla Subdivision). The berm alone suffices as a visual and noise barrier between the adjacent Hecla homes and the parking area, and will ultimately be densely planted as well.)The construction of the first of 8 carport/storage structures is complete; and the installation of berms, an irrigation system and plantings in the community open space, which is covered by a conservation easement held by the City of Moab, is complete. We maintain regular contact with most of our adjacent neighbors regarding impacts from the infrastructure construction or otherwise. Many of them take evening walks through the project and are understanding of the slow progress due to market conditions, and the difficult economy in general. We also communicate regularly with the people who have bought lots at Mulberry Grove regarding their building plans to make sure that they are not being delayed because of incomplete infrastructure. To date, none have expressed urgency for wanting to build anytime soon. In late September we listed Mulberry Grove with a real estate agent. Within two weeks of our listing, we received an offer. We are hopeful that listing the project will move lot sales more quickly. We are committed to this project and look forward to the completion of a sustainable and community- oriented Moab neighborhood that will be enjoyed by Mulberry Grove residents, friends and neighbors well into the future. Thank you for your time and consideration. Sincerely, Mulberry Lane Community, LLC an' op t n►'� MOAB J REQUIRED IMPROVEMENTS SUBDIVISION IMPROVEMENTS COST WORKSHEET PROJECT NAME: Mulberry Grove P.U.D. PHASE 8: Simile Phase Proled DEVELOPER/OWNER: Mulberry Lane Community. LL,C Category Sub -category Line item description Unit Unit Price Plan Quantity Item Cost SITEWORK CLEARING & GRUBBING EARTHWORK Tree & Stump Removal for access & utility corridors (material chipped & stockpiled on site for future use) LS $ 8,000 00 1 $ 8,000 General Excavation (material stockpiled on site) CY S 6.00 1,800 $ 10,800 Subgrade Preparation under Surface Improvements - roads, parking areas, carport structures & pathways SY $ 0.90 10,180 $ 9,162 UTILITIES WATER (City of Moab) Install 8" dia. Water Main - C900 CL200 (complete) LF $ 21.00 3,245 S 68,145 Install 8' dia. Line Valves - coated cast iron (complete) EA $ 975.00 8 $ 7,800 Install Fire Hydrant (complete) EA $ 3,400.00 5 S 17,000 Install 3/4" dia. Res. Service Connection (complete) LS $ 850 00 44 $ 37,400 SEWER (GWSSA) Install 8" dia. Sewer Main - PVC SDR35 (complete) LF $ 25 00 2 290 $ 57,250 Install 48" dia. Sewer Manhole (complete) EA $ 2,850.00 13 $ 37,050 Install 4" dia. Res Service Connection (complete) LS E 400 00 42 S 16,800 POWER (Rocky Mountain Power) Install Underground Conduit for Pnmary & Secondary --- - - LF $ 12.00 3 800 $ 45,600 Subdivision Backbone by Rocky Mountain Power LS $ 44,000 00 1 $ 44,000 ROADS, PARKING, FIRE ACCESS, & PATHWAYS ENTRANCE ROADS & PARKING AREAS Install 6' thick Concrete Pavement w'ur,or SF $ 550 23.490 $ 129,195 Install 4" thick Concrete Sidewalk w/color SF $ 3.75 1,350 $ 5,063 Install 6" Concrete Curb Wall IF S 12.00 420 $ 5,040 Install 3/4" dia Clean rock as base course 8" thick TON S 14.00 1,030 $ 14,420 Install Detectahe Waming Mats EA $ 200.00 5 $ 1,000 CONSTRUCTION: FIRE ACCESS Install 6' UBC base gravel under 20' access corridor TON $ 13.50 1,480 $ 19,980 ROUTES Install 3" Sol Pavement Surface Course SF $ 1.75 19,400 $ 33,950 Install Concrete Grid Pavers filled with sand & seeded (Hastings Checker Block or similar) SF $ 2.25 21,300 $ 47,925 SIGNAGE Traffic Signs (installed) EA $ 250.00 8 $ 2,000 LIGHTING Install Low Bollard Type Area Ught Fixture EA $ 950.00 36 S 34,200 STORM DRAINAGE STORM DRAINS Install 18" dia. Storm Drain Pipe (complete) LF S 45.00 570 S 25,650 Install Concrete Area Drain/Drop Inlet EA S 2,100.00 7 S 14,700 Install Storm Dram Outran Structure EA S 1,500.00 2 S 3,000 OTHER REQUIRED LANDSCAPING & SCREENING Install 5' high Screening Fence (Tres or equal) LF S 16.00 260 S 4,160 Install Parking Area Landscaping per p an LS $ 40,000.00 1 $ 40,000 Install Landscaping mgation System_ LS $ 12,000.00 1 $ 12,000 MISC Dust Control LS $ 6,000.00 1 S 6,000 Surveying - Construction Staking & Lot Comers LS 5 18,000.00 1 $ 18,000 Qua ity Assurance Testing LS $ 12,000.00 1 $ 12.000 CITY APPROVAL: By Total Estimated Construction Cost Plus Required 50% contingency Total Amount of Financial Guaranty Value of completed improvements based $359,007 on original estimate (100% complete) Value of completed improvements based $10,000 on original estimate (33% complete) Value of completed improvements based $31,920 on original estimate (80%complete) Value of completed improvements based S14,400 on original estimate (80 % complete) Value of completed improvements based E 787,30. $415,327 on original estimate (approx 53 % complet E 393,70 $1,181,000 City Engineer Date Indicates 100% completion Indicates partial completion Pagel 1 Space above reserved ibr Recorder's FIRST AMENDMENT TO THE PLANNED UNIT DEVELOPMENT IMPROVEMENTS AGREEMENT For Mulberry Grove PUD The CITY OF MOAB, a Utah municipality (hereinafter "CITY"), and MULBERRY LANE COMMUNITY, LLC (hereinafter "OWNER") mutually referred to as the "Parties", do hereby enter into the following Agreement, pursuant to Moab Municipal Code (hereinafter: "City Code") Section 17.66, to cover the installation of PUD improvements required by City Code (hereinafter: the "Required Improvements")and to provide for the maintenance of installed improvements and facilities within the PUD. I. RECITALS. A. OWNER has submitted to the CITY for approval a proposed residential Planned Unit Development PUD designated Mulberry Grove (hereinafter: the "PUD" or the "Plat"). B. The City Planning Commission has fully considered said Plat and has heard and considered public comment regarding said Plat pursuant to city and state code. C. The City Planning Commission conditionally approved a Final Plat for the PUD at its regular meeting held November 8, 2007. D. One of the conditions of the approval referenced in paragraph C above, is the execution of a PUD Improvements Agreement between the Parties. E. OWNER has submitted to CITY for its review construction plans and specifications entitled Mulberry Grove, PUD Improvements, having been prepared by OWNER and bearing the stamp of a licensed Professional Engineer (hereinafter: the "Construction Plans"). Said plans show in sufficient detail the Required Improvements for the PUD. F. The Construction Plans have been reviewed and approved subject to such modifications as may have been specified by each of the following entities: (i) The City Public Works Director with respect to culinary water improvements if as provided by the City, storm water drainage improvements, parking improvements, and access improvements. (ii) The Grand Water and Sewer Service Agency (GWSSA) with respect to sewer improvements_ Mulberry Grove PUD PUD Improvements Agreement Page I of 8 6-1 Space above reserved for Recorder's stamp II. AGREEMENT IN CONSIDERATION OF THE ABOVE PREMISES, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Covered Property. The real property subject to this Agreement (hereinafter; the "Property") is described as follows: LANDS LOCATED WITHIN SECTION 7, T 26 S, R 22 E, SALT LAKE MERIDIAN, GRAND COUNTY, UTAH MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT A MULBERRY LANE PUD AMENDED. Together with: A PARCEL OF LAND WITHIN THE NW1/4 SECTION 7, T 26 S, R 22 E, SLBM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS S. 3°00' E. 93.0 FEET FROM THE NW CORNER OF THE NE1/4 NW1/4 SECTION 7, T 26 S, R 22 E, SLBM, AND PROCEEDING THENCE S. 75° 14' E. 396.5 FEET (RECORD=S. 75°26' E. APPROXIMATELY 390 FEET) TO THE NW CORNER OF THE GOUGH PROPERTY, THENCE WITH THE WEST LINE OF GOUGH S. 24°19' E. (RECORD=S. 24°30'E.) 453.5 FEET TO A CORNER, THENCE N. 65°4L'E. (RECORD=N. 65°30'E.) 5.0 FEET TO A CORNER, THENCE S. 12°19'E. (RECORD= S. 12°30'E.)110.0 FEET TO A CORNER, THENCE S. 51 °11' W. (RECORD=S. 51 °00' W.) 43.0 FEET, THENCE S.0°1 L'W. (RECORD=SOUTH) 191.0 FEET TO A CORNER, THENCE S. 81°43' W. 577.1 FEET TO THE WEST LINE OF THE EU2 NW 1/4 SECTION 7, THENCE WITH SAID LINE N. 0°07' E. 741.6 FEET TO A CORNER, THENCE N. 1 °44' E. 179.4 FEET TO THE POINT OF BEGINNING Less the following: A PARCEL OF LAND WITHIN THE NW1/4 SECTION 7, T 26 S, R 22 E, SLBM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF LOT 13 OF HECLA SUBDIVISION, SAID CORNER BEARS S 72° 07' E 1986.8 FT. FROM THE NW CORNER OF SECTION 7, T 26 S, R 22 E, SLM, AND PROCEEDING THECE WITH THE WEST LINE OF SAID LOT 13 S 12° 19' E (RECORD = S 12° 30' E)110.0 FT. TO THE SW CORNER OF SAID LOT 13, THENCE WITH THE NORTH LINE OF LOT 12 OF HECLA PUD S 51° 11' W (RECORD = S 51° 00' W) 43.0 FT. TO THE NW CORNER OF SAID LOT 12, THENCE N 0° 09' E 125.6 FT. TO AN ANGLE POST IN A CHAIN LINK FENCE, THENCE N 37° 29' E 8.5 FT. TO A NAIL IN CONCRETE, THENCE N 65° 41' E (RECORD = N 65° 30' E) 5.0 FT. TO THE POINT OF BEGINNING. 2. Required Improvements. OWNER will make all improvements to the property shown on the Construction Plans. Required Improvements shall include but not be limited to the following: Mulberry Grove PUD PUD Improvements Agreement Page 2 of 8 6-1 Space above reser\ ed for Recorder's stamp (a) Site clearing and removal of obstructions (b) General site grading (c) Site utilities including but not limited to culinary water and sanitary sewer (d) Streets, curb & gutter, and sidewalks (e) Street striping and signage (f) Parking areas (g) Storm water drainage facilities (h) Non -motorized pathways (i) All landscaping, fencing, or other visual screening required as a condition of approval. 3. Construction Standards. Improvements shall be completed in conformance with the approved Construction Plans. All changes to the Construction Plans must be authorized in writing by the City Public Works Director and/or GWSSA's Manager as appropriate. In addition, all improvements shall be completed in conformance with the City of Moab Public Improvement Specifications, GWSSA's construction standards, and all state and federal regulations where applicable. Where discrepancies occur between the Construction Plans and the listed reference standards, the Construction Plans shall prevail. 4. Timeline for Completion. Construction of all Required Improvements for the Property shall be completed within two years from the date of this agreement. A reasonable extension of time for the completion of improvements may be granted, at the discretion of the City Council, upon a showing by the OWNER that there is good cause for an extension and that the work has been diligently prosecuted from the date of this Agreement. (a) Building Permits — No building permits will be issued for any lot until the required city water improvements and GWSSA sewer improvements to be performed by GWSSA have been completed, and all other requirements for the issuance of a building permit have been satisfied. (b) Certificates of Occupancy — No Certificates of Occupancy will be issued for any structure on any lot until all required improvements have been completed. 5. Acceptance of Improvements, Warranty. All work shall be subject to quality assurance testing and inspection as specified in the Construction Plans and/or applicable reference standards. OWNER or OWNER's authorized representative shall provide 48 hours minimum notification to CITY or GWSSA as applicable when inspection by either entity is required. The costs associated with such testing and inspection shall be the responsibility of OWNER. (a) Upon satisfactory completion of improvements as evidenced by inspection & testing as applicable, all•',sewer mains shall be dedicated to GWSSA. (b) OWNER warrants that all public improvements dedicated to CITY shall be constructed in a workmanlike manner and in accordance with approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by CITY. (i) OWNER shall promptly repair or replace any defective work following receipt of written notice under this warranty from the CITY. Mulberry Grove PUD PUD Improvements Agreement Page 3 of 8 6-1 Space above reserved for Recorder's stamp (ii) OWNER additionally warrants that all public improvements shall be delivered free and clear of any lien or encumbrance. 6. Performance Guaranty. Pursuant to City Code 17.66.180 C, OWNER has elected to post a performance guaranty with CITY in lieu of completing all Required Improvements prior to recordation of the Plat. The performance guaranty shall be in the form of collateral pledge of real property. Contemporaneous with the execution of this agreement, OWNER shall execute a Deed of Trust naming the City as beneficiary in the amount of 125% of the estimated cost of the Required Improvements as determined by the PUD Improvements Cost Worksheet attached hereto as Exhibit A.The fair market value of the real property pledged as collateral shall be of an amount not less than one hundred twenty-five percent (125%) of the estimated cost of all Required Improvements as determined by the PUD Improvements Cost Worksheet attached hereto as Exhibit A. The Deed of Trust shall be a first position lien against the subject property, and Owner shall pay all costs of providing a satisfactory lender's title insurance policy in favor of the City in the amount of the Deed of Trust and assuring same. The Deed of Trust is attached as Exhibit B hereto and shall be executed prior to recordation of the PUD Final Plat. 7. Partial Releases of Performance Guaranty. No partial releases of the performance guaranty shall be permitted for partial completion of the work. 8. Final Release of Performance Guaranty. Upon completion of all Required Improvements in accordance with the approved Construction Plans, OWNER may request that the performance guaranty be released. (a) In order for OWNER to receive final release, the following shall be presented to CITY: (i) A completed Final Release Form supplied by CITY and signed by OWNER. Said form shall include OWNER's certification of warranty for the completed improvements. (ii) Copies lien waivers/releases from all contractors who performed work on the project and all suppliers who supplied materials that were incorporated into the work. (iii) Written certification by OWNER that all outstanding charges for the Improvements have been paid and that there are no liens, encumbrances, or other restrictions on the Improvements. (iv) Letter from GWSSA certifying their acceptance of the sewer end -ter improvements. (b) Upon acceptance of a complete request for final release, the City Public Works Director shall verify that all Required Improvements are complete and in accordance with the approved Construction Plans and Final Plat. (c) Upon written certification from the City Manager that OWNER has completed all of the required public and other PUD improvements in accordance with this Agreement, and that there are not liens, encumbrances or other restrictions on the Improvements, and that such Improvements have been inspected and approved by the City Public Works Director and the Mulberry Grove PUD PUD Improvements Agreement Page 4 of 8 6-1 Space above reserved for Recorder's stamp City Engineer, the City Council shall execute a resolution verifying the acceptance of the Improvements and authorizing the release to the OWNER of the Deed of Trust on the Pledged Property. 9. CITY's Use of Performance Guaranty upon Default. Upon written certification by the City Manager that the OWNER has failed to perform its obligations under this Agreement, within the time period set forth in this Agreement, and if CITY intends to proceed with the task of installing any or all of the Required Improvements covered by this Agreement, the City may elect to declare and record a Notice of Default pursuant to the Deed of Trust, and as authorized by U.C.A. 57-1-24. The property subject to the Deed of Trust shall then be sold at a public sale in the manner provided by law. The amount of indebtedness subject to satisfaction under the Deed of Trust shall be the balance, at the time of sale, of all costs of construction/completion of all Improvements required under this Agreement, together with sums owing under this Agreement and the terms of the Deed of Trust, up to the indebtedness limit specified in the Deed of Trust. Nothing herein shall be construed to abrogate any right on the part of the City to pursue a deficiency judgment, as provided by law. 10. Default, Remedies, Lapse of Plat. All provisions of this Agreement are material and any violation is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement CITY shall deliver written notice to the OWNER describing the act, event, or omission constituting same, and allowing OWNER a period of not less than thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. (a) Upon declaration of Default, CITY may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation, foreclosing upon the Deed of Trust; withholding building permits or certificates of occupancy/zoning compliance; an action to enjoin or abate zoning violations; recording of a lapse of plat, in whole or in part; and any other remedies available at law or equity, including specific performance or injunctive relief. (b) The recording of a lapse of plat by CITY shall result in the reversion of the approval of the PUD. A lapse of plat shall terminate all previous approvals and result in the elimination of platted lots for the affected property. 11. CITY's Option to Maintain Improvements in the Event of OWNER's Failure or Neglect. OWNER has set in place mechanisms, including covenants and restrictions, providing for the maintenance of water and sewer facilities, common areas, roads, trails, landscaping and other required improvements. Pursuant to City Code Section 17.66.100 (C), in the event of failure or neglect on the parts of the OWNER, successors or assigns, to maintain such required improvements in good condition, the City may perform the necessary work and may enter upon the land and do the work and charge the cost thereof, including reasonable attorneys' fees, to the OWNER, or successors or assigns. The OWNER, successors or assigns will reimburse the CITY for all costs which the CITY incurs in performing the necessary work. 12. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of OWNER in the ownership or development of all or any portion of the Property. Prior to assigning any or all of his rights and duties under this Agreement OWNER shall obtain from any transferee a written assumption acknowledging and agreeing to be bound by this Agreement. (a) This Agreement is the product of mutual bargaining. All terms shall be construed in Mulberry Grove PUD PUD Improvements Agreement Page 5 of 8 6-1 Space above reserved for Recorder's stamp accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. (b) Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. (c) The term "Agreement' includes this Improvements Agreement, all exhibits hereto, the Final Plat/Plan for the PUD, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supercede all prior Agreements or representations, however evidenced. No modifications to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. (d) The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties stipulate to venue in the Seventh Judicial District Court, Grand County, Utah. In any such proceeding the parties waive trial to a jury on all claims and agree that the action shall be tried to the court. (e) In any legal proceeding concerning the terms of this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. (f) This Agreement shall be governed by Utah law. (g) This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; (i) the Project is a private development; (ii) CITY has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless CITY accepts the improvements pursuant to this Agreement; (iii) and except as otherwise provided herein, OWNER shall have full power and exclusive control of the Property. (h) The provisions of this Agreement are severable, and if any portion should be held to be void or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. (i) In the event of any legal dispute concerning this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. (j) All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, and delivered to the following addresses: To the CITY: Mulberry Grove PUD PUD Improvements Agreement Page 6 of 8 6-1 Space above reserved for Recorder's stamp City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To OWNER: Mulberry Lane Community, LLC c/o Michelle L. Stenta 472 Tusher Street Moab, Utah 85432 (k) Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by OWNER as of the date(s) specified below. CITY: Mayor David L. Sakrison Date ATTEST: Rachel Ellison City Recorder OWNER: Mulberry Lane Community, LLC Date By: Douglas K. Jones, Member, Mulberry Lane Community, LLC Date By: Michelle Stenta, Member, Mulberry Lane Community LLC Mulberry Grove PUD PUD Improvements Agreement Page 7 of 8 6-1 STATE OF UTAH ) )ss. COUNTY OF GRAND ) Space above reserved for Recorder's stamp Date The foregoing agreement was executed before me by Douglas K. Jones and Anne L. Wilson this day of , 20. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: j:\subdivisions\mulberry grove\improvements agreement.doox Mulberry Grove PUD PUD Improvements Agreement Page 8 of 8 10-08-03;09:28AM; DATE PAID: AMOUNT PAID: RECEIPT NO.: / o/a. aj o 9 �O.00 / 0 (o D. 7 CITY OF MOAB SPECIAL BUSINESS EVEN' LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF SPECIAL EVENT FEE: PLUS (CHECK ONE) ❑ TRANSIENT MO): EtcsP;►/a2./o ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: et, dem LICENSE #: ZONE - 1l NAME OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: TYPES OF VENDORS PARTICIPATING IN EVENT: -�" 641-fir W 5eS Beefs DESCRIPTION OF EVENT: 1)a/041(1 6 ro err f preve.hare I z:y ift cavY LOCATION OF EVENT: MOW° Va N �1 [ /� M (F�„ PREMISES TO BE USED: tiocA. , \fa ►'. TEMPORARY STRUCTURES TO BE USED (IF ANY): /\) / it- DATE(S) AND TIME(S) OF EVENT: l' V G veni bey c T c9 66 / `/a r%7 - 7io ] I Oc.0 NUMBER OF VENDORS PARTICIPATING: AVA- EXPLAIN FEES GENERATED BY THE EVENT (LE. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.) 1V lA- EVENT SPONSORS NAME: /41 j ]v YiSC Oy *P`HON SPONSOR'S ADDRESS: } �1 V 1/44) fi 'C i CITY: � 'irYto vt i STATE: I V 6 SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: -reel SPONSOR'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: TYPE OF ORGANIZATION: O PROP Ll-CORPORATION OOTHER (SPECIFY): EVENT SPONSOR'S SALES TAX ID NAME REGISTERED WITH THE STATE FOR TAX ID: ,PCB (} 1-k (ri) Y(c 3 •s THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPR UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY CO' THE ISSUANCE {�OFF'A LICENSE WALL BE DELAYED. 1AWE � i 1 1 v� � 11.V�t 1 ✓� � HEREBY AGREE TO CONDUCT SAID BUS WESS STRICTLY IN ACCORDANCE WITH THE 1 ♦'LEAS PRIM 8] BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY INFORMATION CONTAINED HEREIN IS TRUE. I/VVE UNDERSTAND THIS. LICENSE IS NON -TRANSFERABLE AND VAUD ONLY FOR THE ABOVE MENTIONS; AND APPLICIyFu T (SPONSOR). IME AGREE TO FI THE PROPER REPORTS WITH THE ST TE OF UTAH:' • /d /5 6 c n ure Sponsor ate State of-4zitesiik ) Coun of dCtrJ SU NO SS ay of 0*ber SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! 10-08-09;09:28AM; ;435259413 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 10-08-09;09:28AM; ;4352594135 r Cznr OF MOAB BUSINESS LICENSE COMPLIANCE FORS` 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAx: (435) 259-4135 : NAME OF APPLICANT: Folk ZONING OFFICE USE ONLY PARKING: -•gG,TII,1EI MOAB CITY CODE: Iea O K SIGN PERMIT: r2-E4U lTZEdD MOVED -ON NECESSARY: ❑ YES REQUIRES PLANNING COMMISSION APPROVAL ❑ YES 'REVIEWED BY ZONING ADMINISTRATOR: DATE: 10 ' ' Oi -171")-J 61-/C j ) 15eS' PHONE: 0/0ry�� / c2a C)/ APPLICANT'S MAILING ADDRESS: 343 Ara all 1v111,11 t VT, Tr-- t16 $1 V STATE: 1 C, . ,ZIP: - tfi90 5 Orr � BUSINESS NAME: --r-P67 61-1c Y ?YlSeS BUSINESS LOCATION: Moab V a `leg -1I t au-1-11 Koji() 54, ZONE: G ` DETAILED DESCRIPTION OF BUSINESS ACTIVITY: . if\rtoor hol Grct CyneraA trerchanc(,se Nar52.:x . 0114MIAMIMPAMINIMPAIMMVANAMMI.1.1�. 1 BY THE AUTHORITY OF THE CITY COUNCIL OF MOAB, UTAH THIS CERTIFICATE OF LICENSE NO. 1598 Not Transferable LICENSE TYPE: TRANSIENT ]LTC EMT, FROM: APRIL 23, 2009 IS HEREBY GRANTED TO EXPIRES: APRIL 22, 2010 TAP ENTERPRISES ADDRESS: MOAB AREA In conformity with the ordinances of the City of Moab, Utah, to conduct a TOOL & GENERAL MERCHANDISE SALE business located within the City of Moab, Grand County, State of Utah commencing on the 23RD day of APRIL 2009 and ending on the 22ND day of APRIL 2010 subject to the provisions of the City of Moab ordinances, and having paid to the MOAB CITY TREASURER the sum of $ 80.00 dollars. In accordance with the order of the Moab City Council, this license is hereby duly authorized, given under my hand and the seal of the City of Moab DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80,00 LICENSE #: ZONE: NAME OF EVENT: ►,Il v a11O -Go l C arrn p DESCRIPTION OF EVENT: A IA) Q GtL - t o✓t,i -fp 1k- rim P ( Cyr- 0,66A-L4-s ) Gt ..a) is 3 v c Q LOCATION OF EVENT: n lOab y 66,1( { elof 4 S ►Z✓>! ��E l , �/l I'se c (3ra , o` COL)r< PREMISES TO BE USED: S e2 GU, o v G �i TEMPORARY STRUCTURES TO BE USED (IF ANY): yL o -C.. DATE(S) AND TIME(S) OF EVENT: ►..4 vY l S 'Zoo �( ANTICIPATED # OF EVENT PARTICIPANTS: I) 5 OL) 2 , O C) 0 EVENT SPONSOR'S NAME: (VL eAdO v+ pn, c(u Gib f c SPONSOR'S ADDRESS: 304 iI.1E 5�1�^ A.re_ SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: dS 1\-^-4- N10040 PHONE CITY: 1FO0-1aH of STATE: 0'� DATE OF BIRTH: ZIP: el-/ Zi 3 THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. UWE WI v It SS a �L. N, c. ce cf i Glr HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB PLEASE PRINT NAME(S) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/VVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION ADIB 6RONSOR. Signature of Sponsor State ofi 4ah ) ainfr ) SS County of ) SUBCRIBED AND SWORN to before me this I l uate % day ofa ti c23 ‘v9 SEE BAC..< OF FORM FOR ADDITIONAL REQUIREMENTS! Recycling Recycling T349 Recycling CO's Center Street Artist irq Table 19'4 No Public Access Gwen Roan _ l 10411�J ERecycling Q4— lio dwasling Station 04— Water Patties Fnu Ai! !kit patio F'es-KVA-Q Z00 9 • 1� o S e d yw�" Q o.,G� �t e Ld� 1�o t.td d `v% C LN o�1t - � wc- b A L� f eL d2_ G cork a t� 2-00 'eaAt" tk- A C U"t et_ S ao ad j a ms t,. r 64.1A i; c A o +� Co r OD S o tti,'I'Lt Ze> U 2009 Folk Festival Vendors Aardvark Guitars Barry Scholl 2615 Rowland Dr. SLC, UT 84124 801-380-3417 Ancient Winds Shelley Parsons 873 E. 1700 N. North Ogden, UT 84414801-721-7708 Art of the Song Vivian Nesbitt 3810 Manchrster Dr. Alb, NM 87107 Audrey Graham Non Profit Cali Ouray Heather Clark P.O. Box 163 Ouray, CO 81427 970-318-0009 Dave Sipe Wood Sculpture 7763 Rd. 38 Mancos, CO 81348 970-533-7518 Eddy's Corndogs Kyle Honkondon 9429 Thrasher Trail Soddy Daisy, TN 37379 Moab Homes Julianne Fitzgerald Moa,b Ut 435-259-8810 Julie Glassman Fine Art 610 Gunnison Ave. Grand Junction, CO 81501 970-464-4843 Marymint Jewelry 13230 N. 18t Place Phx, AZ 85022 602-404-0224 Moab's Daily Grind 1146 S. Hwy 191 Moab, UT 84532 435-260-8257 Munch Bunch P.O. Box 1394 Bountiful, UT 84011 801-317-7194 Moab M.C. Center P.O. Box 55 Moab, UT 84532 435-259-5444 Navajo Tacos S. Tafuna 10638 S. 1155 W. S. Jordan, UT 84095 801-347-1835 Passions 4 Living Sherri Jordan 1405 Darby St. Co. Springs, CO 80907 719-243-2382 Summers of Love Summer Thompson 207 May St. .Bishop, CA 93514 818-359-4560 Thread Heads Alisha Niswander P.O. Box 2638 P. City. UT 84060 435-640-2979 Smiling Sun Pottery M. Mckenna. P.O. Box 351 Hotchkiss, CO 81419 970-872-6004 SOL Kitchen Chris Conrad 375 S. Main #219 Moab, UT 84532 435-260-8287 Triassic Stone S. Anderson 691 Palasade Moab, UT 84532 435-259-4912 Arts & Crafts Z. Arevalo P.O. Box 11962 SLC, UT 84147 801-326-9315 Wabbi Sabi Jeff Cohen Non Profit 6-3