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HomeMy Public PortalAboutPKT-CC-2009-03-10CITY OF MOAB MARCH 10, 2nna PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) U March )00V111010NtillitSellidlir Sun Mon Tue Wed Thu Fri Sat 1 2 4:00 GM 6:00 GCAB 3 4 7:00 CVPC 5 6:00 MCPC 6 7 8 9 12:30 GCCOA 10 12:00 TRAIL 3:00 MVFPOC 5:00 GCCMD 6:30 TSSFD 7:00 MC Council MIX Meeting 11 6:00 GCPC 12 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 5:00 SEUDND 7:00 MC Council Meeting 25 6:00 GCPC 26 6:00 MCPC 27 28 29 30 31 c.,,,,y0p. 2009 ... 1„ rinnn \A I r•, rt 1 9 Arr• 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 April I Sun Mon Tue 2,009-Roab-ReetintScheduk— Wed Thu Fri Sat 1 7:00 CVPC 2 3 4 5 6 7 8 9 10 11 6:00 GCAB 4:30 GCHPC 6:00 MCPC 4:00 GCWB 6:00 GCPC 12 13 14 15 16 17 18 12:30 GCCOA 12:00 TRAIL MIX 6:30 CVTC 5:30 TCAB 3:00 MVFPOC 7:00 GCLB 5:00 GCCMD 7:00 GCRSSD 7:00 MC Council Meeting 19 20 21 22 23 24 25 6:00 GCPC 6:00 MCPC 26 27 28 29 30 3:00 MTPSC 7:00 MC Council Meeting 2009 Updated on: 3/6/2009 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, March 10, 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 February 4 and 5, 2009 1-2 February 10, 2009 1-3 February 24, 2009 1-4 March 5, 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: PRESENTATION 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for February for Helen M. Knight Intermediate School SECTION 5: PUBLIC HEARINGS (Approximately 7:30 PM) 5-1 Proposed Ordinance #2009-04 - An Ordinance Annexing Property to the City of Moab 5-2 Proposed 2009 Community Development Block Grant Project to Improve the Virginian Apartments SECTION 6: NEW BUSINESS 6-1 Approval of Local Consent for Issuance of a State of Utah Private Club Liquor License to Edward Snyder, d.b.a. Eddie McStiff's Inc. Located at 57 South Main Street 6-2 Approval of a Private Club License for Edward Snyder, d.b.a. Eddie McStiff's Inc. Located at 57 South Main Street 6-3 Approval of Local Consent for Issuance of a State of Utah Private Club Liquor License to Michael Miller, d.b.a. Moab Brewers LLC Located at 686 South Main Street 6-4 Approval of a Private Club License for Michael Miller, d.b.a. Moab Brewers LLC Located at 686 South Main Street 6-5 Request for Use of Old City Park by Western Stars Riders on June 17, 2009 6-6 Request by John Knowles for Use of City Right-of- way to Conduct a Sidewalk Sale on March 21 to 22, 2009 6-7 Approval of a Moved -on Structure Permit for Shannon Clarke, d.b.a. Millenium Shades Sunglasses Located at 391 South Main Street to Conduct a Temporary Mobile Sales Structure for Sunglasses Sales from April 2 to April 27, 2009 6-8 Approval of a Moved -on Structure Permit for Brian Merrill, d.b.a. Moab Adventure Center Located at 225 South Main Street to Conduct a Parking Lot Sale from March 20 to September 20, 2009 6-9 Approval of Proposed Resolution #06-2009 - A Resolution Encouraging the Utah State Legislature to Utilize the Current Transportation Funding Distribution Formula for any Increase to the Statewide Gas Tax so that the Entire Transportation Network May Benefit 6-10 Approval of Ordinance #2009-01 - An Ordinance to Amend Title 17.00, Zoning, with the Addition of a New Chapter 17.52, Keeping Limited Numbers of Fowl, Specifically Hen Chickens for Eggs and Establishing Maintenance Standards 6-11 Approval of the City of Moab Flexible Benefits Plan Election Form/Contract and Compensation Reduction Agreement 6-12 Approval of a Boundary Line Adjustment for Drake Taylor for Property Located at 498 Rosetree Lane 6-13 Approval of Proposed Resolution #06-2009 - A Resolution Ratifying All Action On Authorizing Not More Than $4,900,000 Of Taxable Sales Tax Revenue Bonds To Finance Recreational Improvements 6-14 Approval of Proposed Resolution #07-2009 - A Resolution Approving the Form of the Equipment Lease Agreement with Zions First National Bank, Salt Lake City, Utah. Finding that it is in the Best Interests of the City of Moab, Utah to Enter Into Said Agreement, and Authorizing the Execution and Delivery Thereof 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 SPECIAL MEETING February 4 and 5, 2009 The Moab City Council held a Special Meeting on the above date at the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 9:00 AM. In attendance were Councilmembers Sarah Bauman, Rob Sweeten, Kyle Bailey, Jeffrey Davis and Gregg Stucki. Also in attendance were City Manager Donna Metzler, City Recorder Rachel Ellison, City Treasurer Jennie Ross, City Engineer Dan Stenta, Planning Director Jeff Reinhart, Zoning Administrator Sommar Johnson, Public Works Director Brent Williams, Water Superintendent Lloyd Swenson, Street Superintendent Ken Denney, Facilities Supervisor Chace Gholson, Parks Superintendent Mark Marshall, Administrative Analyst/Economic Development Coordinator Kenneth F. Davey, City Treasurer Jennie Ross, Recreation Coordinator John Geiger, Recreation Assistant Justin Marcus, Moab Arts and Recreation Center Administrator Bayley Rogers, Swim Center Manager Dan Tally, Planning and Community Development Director David Olsen, Film Commission Director Tara Campbell, Police Chief Michael Navarre, Police Lieutenant Scott Mallon, Police Officer III Craig Shumway and Animal Control Officer Randy Zimmerman. In attendance from the Moab City Planning Commission were members Jeanette Kopell, Kelly Thornton, Kara Dohrenwend, Wayne Hokisson and Joe Downard. The purpose of the Special Meeting was a Visioning Workshop between Elected Officials and City Departments. SPECIAL MEETING & ATTENDANCE PURPOSE OF SPECIAL MEETING City Manager Metzler made a brief presentation. Each Department made DISCUSSION REGARDING VISIONING a presentation. Discussion followed amongst City Staff and City Councilmembers. A discussion with the Moab City Planning Commission occurred at 1:15 DlscusslON WITH PLANNING PM COMMISSION Mayor Sakrison recessed the Special Meeting at 3:30 PM. MEETING RECESSED Mayor Sakrison reconvened the Special Meeting on February 5, 2009 at 9:00 AM. Discussion and presentations continued. Mayor Sakrison adjourned the Special Meeting at 11:32 AM. APPROVED: ATTEST: Rob Sweeten Mayor Pro-Tem Rachel Ellison City Recorder MEETING RECONVENED DISCUSSION CONTINUED ADJOURNMENT February 4 and 5, 2009 Page 1 of 1 MOAB CITY COUNCIL REGULAR MEETING February 10, 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 Jeffrey Davis, Gregg Stucki, Kyle Bailey, Sarah Bauman and Rob Sweeten; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Engineer Dan Stenta, Community Development Director David Olsen, City Treasurer Jennie Ross, Planning Director Jeff Reinhart and Police Chief Mike Navarre. 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. Eight (8) members of the audience and media were present. Councilmember Sweeten moved to approve the Regular Council Meeting Minutes of January 27, 2009. Councilmember Bailey seconded the motion. The motion carried 5-0 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 Colorado River Bridge Project had been awarded and would start around March 1, 2009. Under Planning Department Update, Planning Director Reinhart stated that there would be a public hearing that Thursday on the Secret Cove Subdivision as well as a public hearing on the proposed fowl ordinance. Planning Director Reinhart stated that staff was reviewing the proposed zoning map. A Police Department Update was not given. A Public Works Department Update was not given. Councilmember Sweeten moved to approve the Confirmation of a Mayoral Appointment to the Moab Mosquito Abatement District of Mark Marshall for a four year term ending December 31, 2012. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Request to Send Proposed Ordinance #2009-04 — An Ordinance Annexing Property to the City of Moab to Public Hearing. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Professional Services Agreement by and between Bowen Collins & Associates and the City of Moab. Councilmember Stucki seconded the motion. The motion carried 5-0 by a roll -call -vote. Councilmember Sweeten moved to approve an Imagery Agreement by and between the State of Utah Department of Technology Services and the City of Moab. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE MAYOR APPOINTMENT TO MMAD BOARD, APPROVED PROPOSED ORDINANCE #2009-04 SENT TO PUBLIC HEARING PROFESSIONAL SERVICES AGREEMENT WITH BOWEN COLLINS & ASSOC., APPROVED IMAGERY AGREEMENT WITH STATE OF UTAH, APPROVED February 10, 2009 Page 1 of 2 1 _ 2 There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that an Aquatic Center walk-through had been conducted that day and that proposals were due on February 20, 2009. City Manager Metzler stated that the City Council would approve a contract for those services in March. City Manager Metzler continued that she had been working on the Rotary Park property purchase, and that there would be a Joint City Council/Planning Commission meeting on February 24 at 6:00 PM. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that Senator Bennett would be in Moab on Thursday, February 19 for the Rural Business Conference. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $81,678.75. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 7:12 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT February 10, 2009 Page 2 of 2 1 -2 MOAB CITY COUNCIL REGULAR MEETING February 24, 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 6:00 PM. In attendance were Councilmembers Jeffrey Davis, Gregg Stucki, Kyle Bailey, Sarah Bauman and Rob Sweeten; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, Planning Director Jeff Reinhart, Zoning Administrator Sommar Johnson, Planning Commission Members Wayne Hoskisson, Kara Dohrenwend, Kelly Thornton, Jeanette Kopell and Joe Downard. A Presentation was made by the Planning Commission. Discussion followed. 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. Also in attendance was City Treasurer Jennie Ross. Sixteen (16) members of the audience and media were present. There were no minutes to approve. There were no Citizens to be Heard. A Community Development Department Update was not given. An Engineering Department Update was not given. Under Planning Department Update, Planning Director Reinhart stated that staff was still in the process of reformatting sections of the municipal code. A Police Department Update was not given. A Public Works Department Update was not given. Presentations were canceled. Councilmember Davis moved to approve a Local Consent for Issuance of a State of Utah Private Club Liquor License to Timothy Ward Buckingham, d.b.a. Buckingham Enterprises Located at 1393 North Highway 191. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Private Club License for Timothy Ward Buckingham, d.b.a. Buckingham Enterprises Located at 1393 North Highway 191. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a Special Event License for the Skinny Tire Festival to Conduct a Road Cycling Tour on March 13 to 16, 2009 Located at 1551 North Highway 191. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Moved -on Structure Permit for City Market #410, Located at 425 South Main Street to Conduct a Seasonal Garden Center. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. REGULAR MEETING & ATTENDANCE PRESENTATION BY PLANNING COMMISSION APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PRESENTATIONS CANCELED LOCAL CONSENT FOR PRIVATE CLUB FOR BUCKINGHAM ENTERPRISES, APPROVED PRIVATE CLUB LICENSE FOR BUCKINGHAM ENTERPRISES, APPROVED SPECIAL EVENT LICENSE FOR SKINNY TIRE FESTIVAL, APPROVED MOVED -ON STRUCTURE FOR CITY MARKET, APPROVED February 24, 2009 Page 1 of 3 1 - 3 Councilmember Davis moved to approve a Moved -on Structure Permit for Joe Downard, d.b.a. PaPa Joe's Jerky Roundup to Conduct a Jerky Stand Located at 83 South Main Street from March 20 to October 20, 2009. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve a Local Vendor License for Joe Downard, d.b.a. PaPa Joe's Jerky Roundup to Conduct a Jerky Stand Located at 83 South Main Street. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a Request to Send the 2009 Community Development Block Grant (CDBG) Project to Public Hearing. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Under Reading of Correspondence, Mayor Sakrison stated that Dean Frasier from Utah State University would be in Moab on March 24 and would like to meet with the Council as would the Utah Department of Transportation on April 7, 2009 from 9:00 to 11:00 AM. Under Administrative Report, City Manager Metzler stated that Request for Proposals for the Aquatic Center had closed, that the City had received a great response and a committee was in the process of reviewing the proposals. City Manager Metzler then stated that she had been working on a draft property agreement with the Rotary Club and that city departments were working on their proposed budgets for the next fiscal year. Under Report on City/County Cooperation, City Manager Metzler stated that she was contacting the County Council Chair to schedule the next joint meeting. Under Mayor and Council Reports, Councilmember Bailey stated that the hospital project was progressing nicely and that representatives from Housing and Urban Development would like to meet with city officials on March 17, 2009. Councilmember Sweeten stated that he had been contacted by a citizen regarding maintenance of a dam on his property. Mayor Sakrison stated that he had met with representatives from the University of Utah regarding the Entrada Ranch project. Mayor Sakrison opened a public hearing on 1) Receive Input from the Public with Respect to the Issuance of not more than $4,900,000 Aggregate Principal Amount of Taxable Sales Tax Revenue Bonds for the Purpose of (i) Financing a Portion of the Costs of the Acquisition and Construction of Recreational Improvements, Including the Construction of an Aquatic and Recreational Facility to be Owned by the Issuer, and (ii) Paying Issuance Expenses, and the Potential Economic Impact that the Improvement, Facility, or Property for which the Bonds will pay all or part of the Cost will have on the Private Sector; and 2) A Public Hearing on Proposed Resolution #04-2009 — A Resolution Amending the Fiscal Year 2008/2009 Budget at 7:25 PM. City Manager Metzler made a brief presentation. Mayor Sakrison closed the public hearing at 7:34 PM. Councilmember Sweeten moved to approve Proposed MOVED -ON STRUCTURE FOR PAPA JOE'S JERKY ROUNDUP, APPROVED LOCAL VENDOR'S LICENSE FOR PAPA JOE'S JERKY ROUNDUP, APPROVED REQUEST TO SEND 2009 CDBG 2009 PROJECT TO PUBLIC HEARING, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS PUBLIC HEARING OPENED PUBLIC HEARING CLOSED February 24, 2009 Page 2 of 3 1 3 Resolution #04-2009 — A Resolution Amending the Fiscal Year 2008/2009 Budget. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $218,326.22. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 7:32 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder PROPOSED RESOLUTION #04-2009, APPROVED APPROVAL OF BILLS ADJOURNMENT 1-3 February 24, 2009 Page 3 of 3 MOAB CITY COUNCIL JOINT SPECIAL MEETING March 5, 2009 The Moab City Council held a Special Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor Pro-Tem Gregg Stucki called the Joint City Council/Planning Commission Meeting to order at 6:06 PM. Also in attendance were Councilmembers Kyle Bailey, Sarah Bauman and Rob Sweeten; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Engineer Daniel Stenta, Planning Director Jeff Reinhart and Zoning Administrator Sommar Johnson. In attendance from the Moab City Planning Commission were members Kara Dohrenwend, Kelly Thornton, Jeanette Kopell, Wayne Hoskisson and Joe Downard. Four (4) members of the audience were present. The purpose of the Joint Special Meeting was Discussion Regarding Proposed Ordinance #2009-02 — An Ordinance Amending Title 17.00 by Establishing Infill Development Regulations for Residential Zones and providing a Saving Clause; Providing a Severability Clause; and Providing an Effective Date. Moab Planning Commission Chair Kara Dohrenwend made a brief presentation. Discussion followed amongst Planning Commission Members and City Council Members. Mayor Pro-Tem Stucki adjourned the Joint Special Meeting at 7:02 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder SPECIAL JOINT MEETING & ATTENDANCE PURPOSE OF MEETING PRESENTATION AND DISCUSSION ADJOURNMENT January 29, 2008 Page 1 of 1 1-4 ORDINANCE 2009-04 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING PROPERTY TO THE CITY OF MOAB WHEREAS, THE Moab governing body has received a petition for annexation of certain property as described in Exhibit "1" hereto; and WHEREAS, the property has been proposed for urban development as defined by Utah State Law; and WHEREAS, the City Council has determined that the property meets the requirements of the City's annexation policy plan; and WHEREAS, the landowners of the affected property have consented to and petitioned for this annexation and the City Recorder has certified that the application complies with applicable law; and WHEREAS, the City Council has considered 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 governing body has held the appropriate public hearings and given the appropriate public notice and received public input. NOW, THEREFORE, be it ordained by the governing body of the City of Moab City that: The property described in Exhibit "1" and located at approximately 792 West 400 North is hereby annexed into the City of Moab and the zoning designation for said annexation shall be zoned as R-4. 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 March OF, 2009. David L. Sakrison Mayor ATTEST: Rachel Ellison City Recorder Ordinance 2009-04 Page 1 of 1 City of Moab Planning and Zoning Department Correspondence January 16, 2009 Memo To: Honorable Mayor and Members of the Council From: Planning Staff Subject: Call for Public Hearing of Ordinance No. 2009-04 an Ordinance Annexing the Valley Vista Property to the City of Moab, as Submitted by Scott McFarland and Referred to Council by the Planning Commission Background Mr. Scott McFarland has applied for annexation of the .61-acre (26,572 square feet) tract of land located on the northwest corner of the intersection of Riversands Road and 400 North. The property is addressed as 792 West 400 North, and is west and adjacent to Riversands Road. Mr. McFarland, as the owner of record, has requested R-4 zoning to allow multi -family development. Discussion The Planning Commission conducted a review of this application at their regular meeting held on January 22, 2009, and evaluated the annexation petition for conformance to the code. Chapter 1.32, attached, was used to determine compliance with the Annexation Policy Plan and state regulations. The Planning Commission memo PL-09-008 is also attached for review. The applicant has stated that he would like to construct affordable housing on the property and feels that the R-4 Zoning designation would allow him to provide six (6) dwellings. Staff recommended that he establish that affordable housing can be constructed on this property prior to a pre -annexation agreement being drafted. No plan has yet been submitted. The proposed annexation of Mr. McFarland's property is attached as Exhibit "A". Exhibit "B" shows a more desirable annexation of the portion of 400 North that should be included and is directly south of the McFarland property. Exhibit B also indicates a sliver of property 33 feet in width dedicated to the county as one-half of a road right-of-way in a previous action for the development of property that is now owned by Mr. David Bonderman's. The piece is adjacent to Apple Lane but not a part of the right-of-way. This piece, with Mr. McFarland's property, the portion of 400 North as well as an additional piece adjacent to the north boundary of 400 North is included in this annexation. The configuration of this annexation will correct an awkward situation and alleviate an unusual peninsula of city property. () z` Recommendation The Planning Commission has favorably referred the application back to Council so that a time and date for public hearing can be established. The Planning Commission also recommends that: 1. The requested R-4 zoning will be applied to the property. 2. The additional access parcel adjacent to and extending north of the Apple Drive right-of-way be included as well as the other adjacent property along 400 North, 3. The surrounding adjacent zoning is to be applied to these areas. P:\2009\Correspondence\P1-09-014 McFarland annex to CC.doc \k1 AN/NOUN 1110 N33NNN3 uD N30N00311 A110 NOAVN 0.7 dl✓.2 96'ON.C6 OW/01/4 fd6" 'SC N3LL ELN310100 35 ONNNC30-d0-1N0)d SONINV30 d0 SISVO 7� .001611 4.00l5e5 s 3N1 NO 03Np3d5 SV 03/N3111NpN 3W 1stl13N1103 'VSSS31 1NIDNO3MON 'ISOIN/ 3 1NNN 03 ONV ON030 d0 of '1 1s'Otl N0 •xi00 S 30N)y 'N3.0100 V 'ld V 01 3.03,15.00 N 30N VINOD V 01 S 3M1 I 4.000000 N iJININ 14 00'61l 0.00.1SA0 1/033 ONS N101 33KM/ ONN 3XKOld ONV 3r15 '3 li N 'S St 1 5C NONO3S A NNN(K) 35 3111 NOW '13 005611 31.00,15.60 S SIM30 1NI13d ONS 5C 113I1335 1O 3NII KOOS 31/1 NO 1N10d V 1V SN0114030 :50MON 'NV111 AiiinoIOJ NNW 710.4 SV ��et.33 [y y iL[ N011035 f/135 3N/ 16 awl 10 T30NVd V so NOMARDS10 NOL1627NN6' S/f,/.L NOI.Ldl3S7S24 71'027 L 00I-Nor I (100dq) alV▪ 3▪ S 3IHdVHD w /i%!i%I%/,!ii.'Y,'. C %G///..iSss!aiY✓, i r, �y ,: .00.1S.60N SlAW7 b 8 xVin `ALLu1100 auVZID gVoW cIVW NOLLVXHuuV .V1p 1,. 1.RSIVIS' ILDIC 1 00i 000L Y N30N3030 LC510 'Nvlll 'BVON 133N/S N31N30 1SV3 S/ DA0:44212/22,5' ONYT JY90.1rA/ AO 03NVd3Nd wom senunwns uN! 0:1 dI nim NIS '3 IZ IC5 SL 1, 'sC NON035 N30N00 1/1 NLIIOs 0.301110S30 SV 1N3NNNON ON00! 'dv0 Just,. N1111 NV03N .0/S ON99A7 d671' d.LlNl.7G1 sepepunog 18aMd SPilin 40 pue6a, uNexeuuy pesodoad jo kijup!A - 6uiuoz 6uRspg &wogs den City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 2594135 PAYMENT RECEIVED CITY OF MOAB NOV 17 2008 CH # (o .f ley 3)A AMOUNT 1 a 0 PETITION FOR ANNEXATION Petition date: /1)00. / ? _lGve Petition Description (Approximate Address): 79c2 6j• 4/C04) Contact Sponsor Name: ifi4ay asl74 Contact Sponsor Mailing Address: 776" Air u�/D- Da.. 41p,423, (//t Contact Sponsor Phone Number: 41.3,5""- o/08 We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State -of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Printed Name Mailing Address Signature �O77/1%Rti4,10 ?7.rh`l(toa-Aga, a - 2. _ 3. 4. 5. 6. 7. 8. 9. 10. * Moab City Code 17.12.150 Moab City —Annexation Petition ti RECEIVED MAY 14 2007 Utah Div. Of Cod $ Comm. Code ARTICLES OF ORGANIZATION OF VALLEY VISTA, LLC The undersigned, acting as Manager of this Utah limited liabili co ty mpany (the "Company") under the Utah Revised Limited Liability Company Act (the "Act"), adopts the following Articles of Organization for the Company: • 1. The name of the Company is Valley Vista, LLC. 2. The latest date upon which the Company is to be dissolved is January 1, 2106. 3. The principal business purpose for which the Company is formed is to transact any and all lawful business for which limited liability companies may be organized under the Act. 4. The street address of the Company's registered office and the name and street address of the registered agent and the designated office where the records required by Section 48 2c-112 of the Act shall be maintained are as follows: Scott Alan McFarland 775 Hillside Drive Moab, Utah 84532 I hereby consent to be named as the registered agent of the Company. ,/S otE Alan McFarland 5. The Company appoints the director of the Division of Corporations and Commercial Code of the Utah Department of Commence as agent for service ofprocess of the Company if the appointed registered agent has resigned, the registered agent's authority has been revoked, or if the agent cannot be found or served with the exercise of reasonable diligence.: 2008512. Date: 05//412007 Receipt Number:2125774 AMOUni Paid: 552.00 6_ The business and affairs of the Company shall be managed by a Manager. The mane and address of the Manager of the Company is as follows: Scott Alan McFarland 775 Hillside Drive Moab, Utah 84532 7. The effective date of the Company will be the date the Articles of Organization have been filed with the Division of Corporations and Commercial Code of the Utah Department of Commerce -2- 2ooss 12.1 tt Alan McFarland, Manage/ CERTIFICATION I, Rachel Ellison, the duly appointed City Recorder, in and for the City of Moab, Grand County, State of Utah, do hereby certify that attached Petition by Scott McFarland/Valley Vista. LLC, meets the annexation requirements outlined in Title 10-2-403(2) (3) and (4) of the Utah Code Annotated, specifically: 1) That said petition contains the signatures of all of the property owners of record of the private real property that: a) is located within the area proposed for annexation; b) covers a majority of the private land area within the area proposed for annexation; c) is equal in value to at least 1/3 of the value of all private real property within the area proposed for annexation; 2) That said petition was accompanied by an accurate and recordable plat or map prepared by a licensed surveyor of the area proposed for annexation; 3) That said petition was accompanied by a copy of the notice sent to affected entities and a list of the affected entities to which notice was sent; 4) That no previous petition for annexation has been filed which has not been denied, rejected, or granted for the proposed annexation area; IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Moab, this 9th day of January, 2009. Rachel Ellison City Recorder PL-0B-00B City of Moab Planning and Zoning Department Correspondence January 16, 2009 Memo To: Members of the Moab Planning Commission From: Planning Staff Subject: Review of an Application to Annex into the City of Moab a .61-Acre Tract of Land Located on the Northwest Corner of the Intersection of Riversands Road and 400 North, as Submitted by Scott McFarland Background Mr. Scott McFarland has applied for annexation of the .61-acre (26,572 square feet) tract located at 792 West 400 North, west and adjacent to Riversands Road. Mr. McFarland, as the owner of record, has requested R-4 zoning to allow multi -family development. Discussion Code section 1.32.020, Annexation procedure, contains a very specific process that must be followed. First, the city recorder, upon receiving a petition for annexation, submits the petition to the Council, which must accept the petition for further consideration or reject the petition within fourteen days. Since the petition was accepted by Council on December 9, 2008 it goes on for further review by the City Recorder for completeness and compliance with state law. The Recorder has thirty days from acceptance by Council to review and certify to Council that the petition is in accordance with the law. Within ten (10) days of notice of certification by Council, notification of the proposed annexation must be published in a newspaper of general circulation for three consecutive weeks and notice sent to all affected entities. Upon certification by the City Recorder, the petition may be submitted to the Planning Commission for analysis and review against the annexation policy plan and for recommendations with respect to the appropriate zoning. This application is in this stage of the annexation application process (please refer to the attached flow chart). Review with Policy Plan Planning Commission P1-09-008 Valley Vista Annexation January 02, 2009 The Annexation Policy Plan is contained in Code Chapter 1.32.030, and contains the following 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 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. Section B of the next portion of this chapter describes the geographic areas considered most favorable for future city expansion and contains the Annexation Policy Plan Map. The attached map and legal description were adopted by Council, with a favorable recommendation from the Planning Commission, on August 26, 2008. The Map indicates the anticipated future extent of the city of Moab's boundaries and areas that are more readily available for service. Criteria for Annexations Criteria as required by state law, together with additional criteria and policies for city acceptance of an annexation are located in section C as follows: a. The property must be contiguous to the boundaries of the city. b. The property must lie within the area projected for the city municipal expansion. c. The property must not be included within the boundaries of another Planning Commission PL-09-008 Valley Vista Annexation January 02, 2009 incorporated municipality. d. The annexation must not create unincorporated islands within the boundaries of the city. e. The property proposed to be annexed hereunder will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of any other municipality to annex into the same or related area. Evaluation of Annexations 2. The city must also evaluate the following for each annexation: a. Compliance with all requirements of appropriate state code provisions. This is a function of the City Recorder and the Recorder has determined that the application satisfies the law. b. The current and potential population of the area, and the current residential densities. The current population of the tract is zero because it is undeveloped. Under current county zoning of LLR, Large Lot Residential, the .61-acre tract is allowed to develop with two dwellings per acre in a conventional subdivision. However, the existing lot size would restrict this tract to a single dwelling. It is anticipated that the population would follow the 2000 census information in that the average household size for the county is 2.44 persons and the average family size is 3.06 persons. It is expected that the number of dwellings located on the property would be two to four units under the requested R-4 zoning for an approximate total population of 6-12 persons. c. Land uses proposed in addition to those presently existing. The property is currently undeveloped. Other properties in the area are developed with single family residences mostly consisting of manufactured housing with one very significant site built home. Some scattered commercial developments also exist in the immediate area of Riversands Road. Moab Adventure Center stores some of the company's busses in a large yard and World Wide River Expeditions has a very large compound to the north. The proposed multi -family use will be a good `fit" for the area and may lead to more development of this type of residential use on adjacent properties. d. The assessed valuation of the current properties or proposed uses. $33,220.00 (The Grand County Assessors Office shows an area of .51 acres for this location.) e. The potential demand for various municipal services, especially those requiring capital improvements. 0 Planning Commission PL-09-008 Valley Vista Annexation January 02. 2009 Water service is currently provided by the city at this time. f. Recommendations of other local government jurisdictions regarding the proposal and potential impact of the annexation. Nothing at this time has been received because it is so early in the process. g. How the proposed area, and/or its potential land uses would contribute to the achievement of the goals and policies of the city. This criteria is perhaps the most difficult to address. Historically, 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 with no direct cost offsets. However, it must be recognized that residential uses provide dwelling space for consumers of goods purchased from merchants in the commercial districts and the housing also provides homes for the working population so the stores and services remain open to generate the much needed sales tax revenue. Also, some annexations are really about management of development on fringe parcels so that development of these properties will agree with the master plan and have the presentation that is desired by the fabric of the community. This annexation may be more about managing the growth pattern of the area that is similar to that on nearby tracts located in 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 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. Services provided by the county include minimal maintenance of Riversands Road. According to local residents, the county occasionally blades accumulated sand off of the driving area of the street. Road maintenance will be assumed by the city. 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. 4 Planning Commission PL-09-008 Valley Vista Annexation January 02,2009 The applicant has expressed a desire to construct "affordable housing': This development can be clearly described in the pre -annexation agreement that will be reviewed under separate notice and hearing before Council. 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. This annexation already satisfies this requirement. As noted above services are existing on the lot. k. The tax consequences for affected entities should be addressed. See G below. 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 0 Planning Commission PL-09-008 Valley Vista Annexation January 02, 2009 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. 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 6 Planning Commission P1-09-008 Valley Vista Annexation January 02, 2009 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 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 Planning Commission PL-09-008 Valley Vista Annexation January 02, 2009 proposed annexation will be notified. Grand County 125 East Center Moab, Utah 84532 Grand County School District 264 South 400 East Moab, Utah 84532 Moab Fire Department 45 South 100 East Moab, Utah 84532 Grand Water & Sewer Agency 3025 East Spanish Trail Moab, Utah 84532 259-8121 Grand County Hospital Service District 245 West Williams Way Moab, Utah 84532 Health Department of Southeastern Utah P.O. Box 800 Price, Utah Recommendation Cemetery District P.O. Box 64 Moab, Utah 84532 Moab Mosquito Abatement District P.O. Box 142 Moab, Utah 84532 Grand County Library Board 25 South 100 East Moab, Utah 84532 Solid Waste District P.O. Office Box 980 Moab, Utah 84532 Recreation District P.O. Box 715 Moab, Utah 84532 Grand County Boundary Commission 125 East Center Moab, Utah 84532 Staff recommends that the requested R-4 multi -family zone for this property be favorably sent to Council for acceptance. P:\2009\Correspondence\PL-09-008 valley vista annexation to PC.doc Chapter 1.32 CITY ANNEXATION POLICIES AND PROCEDURES Sections: 1.32.010 1.32.020 1.32.030 Annexation petition. Annexation procedure. Annexation policy plan. 1.32.010 Annexation petition. A. An annexation petition is required by Utah State Code to initiate annexation of properties into the city of Moab, except when the parcel to be annexed is an island or peninsula contiguous to the city; and 1. Has a majority of residential or commercial development; 2. Requires delivery of municipal services; and, 3. Has been provided most or all municipal services for more than one year. B. Where applicable, annexation petitions are to be filed with the city recorder and contain: 1. Signatures of a majority of the private real property owners of the area proposed for annexation; 2. Signatures of the private real property owners who account for one-third value of all private property within that same area; 3. Be accompanied by an accurate and recordable map that is prepared and signed by a licensed surveyor; and, 4. Signatories who are designated as sponsors of the petition for future contact. C. If practicable and feasible, boundaries of the area proposed for annexation should be drawn: 1. Along existing jurisdictional boundaries; 2. To eliminate islands and peninsulas of territory not receiving services; 3. To promote the efficient delivery of services; and, 4. To encourage the equitable distribution of community resources and obligations. (Ord. 03-02 (part), 2003) 1.32.020 Annexation procedure. A. The city recorder, upon receiving a petition for annexation, shall: 1. Submit the petition to the city council, which shall accept the petition for further consideration or reject the petition fourteen days. 2. If the petition is rejected by the city notification shall be sent to the county clerk and to the sponsors of the petition within five days of the denial. 3. If accepted by the city council, the petition shall be reviewed by the city recorder for completeness and compliance with applicable law, which review and certification shall be completed within thirty days of acceptance. If the petition complies, the city recorder shall certify the petition and provide notice of same to the city council. 4. Within ten days of receipt notice of certification by the city council, notification of the proposed annexation shall be published in a newspaper of general circulation for three consecutive weeks. 5. Within twenty days of receipt of notice of certification by the city council, notification of said annexation shall be sent to all affected entities listed in 1.32.030.H. B. Upon certification by the city recorder the petition or application may be submitted to the planning commission for analysis and review according to the annexation policy plan and for recommendations with respect to the appropriate zoning. C. Protests to the proposed annexation shall be: 1. Filed no later than thirty days after receipt by the city council of certification from the city recorder. 2. Protests may be filed by the legislative bodies of affected entities listed in 1.32.030.H. 3. If protests are filed, the city council may deny the annexation at the next meeting, or it may await the decision by the boundary commission. 4. If no protests are filed, the city council may approve the annexation at a public hearing held after providing not less than seven days advance notice. 5. The boundary commission shall hear protests within thirty days of the deadline for filling said protests. 6. Within thirty days of initiating hearings on protests filed, the boundary commission shall render a written decision. 7. The city council may deny or grant annexation after receiving the decision of the boundary commission approving the annexation. In the event of denial of the annexation by the boundary commission the city council shall deny the annexation. (Ord. 03-02 (part), 2003) 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 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. Map showing the anticipated future extent of the city of Moab's boundaries and areas that are more readily available for service. 1. This portion of the city of Moab's Master Annexation Policy declaration describes the geographic areas considered most favorable for future city expansion 2. The map (see Appendix "A") visually displays the existing boundaries of the city of Moab in a green line and the future boundaries by a black line. The future boundaries include the following description: a. Sections 26, 27, 34, 35 and 36 of Township 25 South Range 21 East; and, b. Sections 1, 2, and 12 of Township 26 South Range 21 East; and, c. Sections 6, 7 and portion of 8 of Township 26 South Range 22 East. C. Criteria as required by state law, together with additional criteria and policies for city acceptance of an annexation. 1. The city endorses the intent of the Utah Annexation Act, U.C.A. 10-2-401, et seq., as amended. Criteria for annexation of property to the city are as follows: a. The property must be contiguous to the boundaries of the city. b. The property must lie within the area projected for the city municipal expansion. c. The property must not be included within the boundaries of another incorporated municipality. d. The annexation must not create unincorporated islands within the boundaries of the city. e. The property proposed to be annexed hereunder will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of any other 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. 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 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. 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 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 125 East Center Moab, Utah 84532 Grand County School District 264 South 400 East Moab, Utah 84532 Moab Fire Department 45 South 100 East Moab, Utah 84532 Grand Water & Sewer Agency 3025 East Spanish Trail Moab, Utah 84532 259-8121 Grand County Hospital Service District 245 West Williams Way Moab, Utah 84532 Health Department of Southeastern Utah P.O. Box 800 Price, Utah Cemetery District P.O. Box 64 Moab, Utah 84532 Moab Mosquito Abatement District P.O. Box 142 Moab, Utah 84532 Grand County Library Board 25 South 100 East Moab, Utah 84532 Solid Waste District P.O. Office Box 980 Moab, Utah 84532 Recreation District P.O. Box 715 Moab, Utah 84532 Grand County Boundary Commission 125 East Center Moab, Utah 84532 6/\ bilituartiliktonat.biel To: Moab Governing Body From: David Olsen CC: Donna Metzler Date: March 6, 2009 RE: CDBG 2nd Public Hearing To comply with Federal Community Development Block Grant requirements, a second public hearing must be held to inform the public of the project the City selected to work on with CDBG funds. The project selected was the re -roofing, stuccoing and insulating the Virginian Apartments located at 300 South 91 East. a "PRIVATE CLUB LIQUOR LICENSE" LOCAL CONSENT Date: Attn: DABC Licensing & Compliance Section , [ ] City [ ] Town [ ] County hereby grants its consent to the issuance of a private club liquor license to: Business Name: Applicant / Business Owner: �.()G.i Aft, _S-IN-f \ ,C�_ Location Address: 3.-+ C'OU 11-t t-(An r4) t�p-pkg V 1 ScE's-S,)--. Pursuant to the provisions of Utah Code 32A-5, this license allows for the storage, sale and consumption of liquor on the premises. Furthermore, the applicant has met all ordinances and requirements relating to issuance of local business license(s). [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32A-5-101(7),(8)&(9), the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Print Name / Title DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB RETAIL BEER* LICENSE APPLICATION ea ("5 a 0 . 4f�01� atL 21 EAST CENTER STREET 6 S0. Zp d +w I c"4",M0AB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 6. DS1q PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB CI CLASS I FEE: O CLASS II FEE: ®. PRIVATE CLUB ▪ CLASS III FEE: O CLASS IV FEE: LICENSE #: $180.00 $180.00 $650.00 $80.00 $80.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: "."-'D L jAreA SA) DE-Q. HOME ADDRESS: SOCIAL SECURITY NUMBER: CITY: HOME PHONE: Abliallit 1-10.4,6 STATE: V ZIP: a DRIVER LICENSE NUMBER & STATE: DATE OF BIRTH: BUSINESS INFORMATION BUSINESS NAME: ED tar; MCj BUSINESS ADDRESS: .5-4 So Iptv-; SALES TAX ID #: _ BUSINESS PHONE: 'Z - 6 0o g BUSINESS MAILING ADDRESS: 1LN CITY: (IQ g STATE: VT T ZIP: g(fs-'3.2._. WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) 1. ❑ CLASS I 0 CLASS II ca PRIVATE CLUB 0 CLASS III ❑ CLASS 1V Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class 11 Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? 171 NO ® YES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: F� r1c q—c t t r t rhi l✓sS CO OAS (Ai *Beer application is for 3.2% by weight only. Also requires a State license. 02/07/05 (o e't CITY OF MOAB INFORMED CONSENT AND RELEASE OF LIABILITY In connection with my application for a Beer License with Moab City, I hereby authorize the forenamed agency as well as the Utah Bureau of Criminal Identification to investigate my past and present work, education, and law enforcement records to ascertain any and all information, which may be pertinent to licensing regulations. I do hereby release all person, firms, agencies, companies, groups or installations, whomsgever, from any dama s of/or resulting from release shall function as an original. Signature of A Si e of Witness State of Utah County of 5�1,-) SI4 YVe n / 0 Print Name of Ahlicant Date /�4: si FZ Print Name of Witness Date On the 2Y"5k day of M car C\•-• 2 bc', personally appeared before me -6),v0 cm-09 S f‘ Lka the same. BRENDA KERBY Notary Public State of Utah Comm. No. 576444 My Comm. Wm Nov 17. 2012 My Commission Expires: , who duly acknowledged to me that they executed Ka.�—� Notary Public Residing in: (--) County -a RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 re ing to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4- elating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH : ss COUNTY OF GRAND is Signature E wo,r-a9 , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this/21 day of IN\ att BRENDA KERBY Notary Public State of Utah Comm. No. 516444 Aty Conan. Beokee Nov t r. 2012 DO , \, Notary Public "PRIVATE CLUB LIQUOR LICENSE" LOCAL CONSENT Date: Attn: DABC Licensing & Compliance Section fn D a b , [/j City [ ] Town [ ] County hereby grants its consent to the issuance of a private club liquor license to: Business Name: iY) o 0,6 R r cwc rs Applicant / Business Owner: ITI i c.k a c,( Location Address: 6 8(0 ,S a/ a ; ,.t O. ptijer- LLC t 84 /72aa6 LirecaGry f)? 0 4 L c er 8Ys,3z.. Pursuant to the provisions of Utah Code 32A-5, this license allows for the storage, sale and consumption of liquor on the premises. Furthermore, the applicant has met all ordinances and requirements relating to issuance of local business license(s). [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32A-5-101(7),(8)&(9), the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Print Name / Title 3.02.09 page 7 of 55 (I-3 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB RETAIL BEER* LICENSE APPLICATION (45a0, a.Pp/i t.4 217 EAST CENTER STREET 4.5.0. 00 �.� wt. 0.44-.. r MOAB, UTAH 84532 F ; c,e....s�) (435) 259-5121 / FAX (435) 259-4135 b . / c. t.o s t, PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS 1 FEE: ❑ CLASS II FEE: IETPRIVATE CLUB ❑ CLASS III FEE: ❑ CLASS Iv FEE: LICENSE #: $180.00 $180.00 $650.00 $80.00 $80.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: 1 HOME ADDRESS: SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER He STATE: HOME PHONE: _ CITY: Moak STATE: (fi ZIP: DATE OF BIRTH: 4111111.09110 BUSINESS INFORMATION BUSINESS NAME: VA /r1 Y V eltG IA/C d BUSINESS ADDRESS: (pet [Q J BUSINESS MAILING ADDRESS: Sa,1tV1 QJ SALES TAX ID # BUSINESS PHONE: STATE: 17333 ZIP: b4532 WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) CI CLASS I O CLASS II CORIVATE CLUB O CLASS III ❑ CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. 1 • Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? CI NO EYES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: Q,Ms,Zudweiser, goo,ao Sx-ev,e,,,y *Beer application is for 3.2% by weight only. Also requires a State license. 02/07/05 1 A "" CITY OF MOAB INFORMED CONSENT AND RELEASE OF LIABILITY In connection with my application for a Beer License with Moab City, I hereby authorize the forenamed agency as well as the Utah Bureau of Criminal Identification to investigate my past and present work, education, and law enforcement records to ascertain any and all information, which may be pertinent to licensing regulations. I do hereby release all person, firms, agencies, companies, groups or installations, whomsoever, from any damages of/or resulting from release shall function as an original. dvl c.(4AeL Signature of Applicant Print Name of Applicant Date -a7 .Tcnrti c . %�o Ss 2— G —o Print Name of Witness State of Utah ) County of c' oar-ci ) On the t.9+h day of tr\No,r - _.b (5Q N\t\, c)%ae..)% M`, e-r' the same. _ BRENDA KERBY Notary Public State of Utah 1 Comm. No. 576444 My Comm. Expires Nor 17.2012 My Commission Expires: , personally appeared before me Date , who duly acknowledged to me that they executed Notary Public Residing in: C a. County RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. -77/,,i- Applicant's Signature STATE OF UTAH COUNTY OF GRAND meir‘ Q2A \\.e... (' , being first duly swom, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this Co*" day of Y\Ao.f e Aem , 90OQ . 1 BRENDA KERBY Notary Public I State of Utah Comm. No. 576444 My Comm. Expires Nov 17, 2012 NI Zp.sz-,ast, V___,s1,9cuj_ Notary Public New Page 1 Moab City Council January 11, 2009 Moab, Utah Council Members, The Western Star Riders are hosting their 6th annualCanyonlands Cruise -In in Moab on June 16th thru 19th 2009. This year promises to be our largest turnout ever with an estimated 150-200 riders in attendance. At this time we have already contracted with the Sleep Inn to fully book their hotel. We have also booked a local Moab band ( Stone Fed ) to provide entertainment for our group dinner on June 17th.Moab's Old City Park has already been reserved by us for the above date. Per the Moab City Clerk we are required to obtain the permission of the City Council to have the electricity made available and to allow amplified music within the park. We understand there may be time of day restrictions concerning the music and we will be more than happy to comply with the wishes of the Council. Also, any additional funds needed by the City of Moab to cover the electricity usage will be paid prior to the event.If we need to appear in person before the Council please advise us as soon as possible so we may make an appointment. We look forward to working with the City of Moab and its merchants to make this the best Cruise -In we have ever had. If the Council requires any further information or has any questions please contact us. Thank You Keith Axmacher Vice President Western Star Riders 11152 Tumbleweed Way Parker, Co 80138 Home 303-841-6134 Cell 303-668-1702 Page 1 L-5 February 24, 2009 Moab City Council 217 E Center Street Moab, UT 84532 Dear Councilmembers, This letter is to request permission to use the City right of way for a sidewalk sale to be held on March 21-22, 2009. The hours of the sale are scheduled to be 9 a.m. to 6 p.m. All rules and regulations pertaining to sidewalk sales will be followed. Thank you for your consideration. Sincerely, 4X.67ji/L-1 John Knowles Arches Trading Post 50 S Main Street Moab, UT 84532 (,- ��' ;NIBIST320." CITY STRUCT l IT' BUSINESS NAME: Millenium Shades Sunglassess OWNER'S NAME Shannon Clark MAILING ADDRESS: 489 Red Sunset Place, Loveland, CO 80538 BUSINESS PHONE: 970-581-0953 OWNER'S PHONE: 970-581-0953 PROPOSED USE OF STRUCTURE: Sunglass Sales - - TYPE OF STRUCTURE: Temporary Mobile Sales Structure ADDRESS OF PROPOSED STRUCTURE'S LOCATION 391 S Main, Moab Utah NAME OF PROPERTY OWNER (PRINT): Johnny Hyma.s I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: LOCATION OF RESTROOM FACILITIES: 391 S Main NATURE F ER OVING USE OF RESTR90M FACILITILM ES: COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: BYES Q' NO ZONE: G3 Zoning Administrator's Signature: j BUILDING PERMIT REQUIRED: Q' YES Q' NO I 3 BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL SIGNATURE OF CITY RECORDER MOVED -ON STRUCTURE TERM: FROM 4-2 2009 TO 4-27-2009 Required inspections on back. MOVED -ON STRUCTURE FEE: 1 % STATE TAX: $375.00 3.75 $378.75 PAYMENT RECEIVED CITY OF MOAB MAR 0 5 2009 H# ro.1440.5 7 a^utT 3 78. 7 S MOVED -ON STRUCTURE INSPECTIONS 217 EAST CENTER STREET MoAB, UTAH 84532 (435) 259-5121 / FAX (435) 269-4136 BUSINESS NAME: M, i itiN f J in- 5 ,,g40 SS $ v ,e) G-ZAc ' ADDRESS OF MOVED -ON STRUCTURE: 03 7 / s /6-44tu /i(.04.3 Ltr THE FOLLOWING INSPECTIONS ARE REQUIRED PRIOR TO CONDUCTING BUSINESS. OBTAIN THE REQUIRED SIGNATURES THEN RETURN YOUR PERMIT TO THE CITY RECORDER'S OFFICE FOR FINAL APPROVAL. BUILDING INSPECTOR (435) 259-1343 125 EAST CENTER BUILDING PERMIT # (IF REQUIRED) INSPECTION REQUIRED: D YES 0 NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED 13 DISAPPROVED El REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SouTH 100 EAST INSPECTION REQUIRED: CI YES ® NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ® DISAPPROVED REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 471 SOUTH MAIN INSPECTION REQUIRED: EI YES ® NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ® DISAPPROVED REASON: SIGNATURE 03/05/04 N ST CITY -FIXTURE PERM BUSINESS NAME: n/aW A,bfeiv'JY�' OWNER'S NAME FrYa.rn 71Ieet• MAILING ADDRESS: Z-'y� S pi ai'n , /14a9.,3 PROPOSED USE OF STRUCTURE: 9 rt.-* /•may �'0.14- TYPE OF STRUCTURE: /cam 1 BUSINESS PHONE: V3r 2.551-70/ q OWNER'S PHONE: Y31'- ZS/-7v/ 9 vT eySr3v ADDRESS OF PROPOSED STRUCTURE'S LOCATION , 44,0, -Q T gVS-3 L- /� I NAME OF PROPERTY OWNER (PRINT): Ejyp.v� /Y%crr, // €�`-1.1007J % i4-r.�// is "I— I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: LOCATION OF RESTROOM FACILITIES: Z ZS f • NO" PI SIGNATURE OF OWNER APPROVING USE OF RESTROOM FAGIUTIES: COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: OYES ❑ NO ZONE: C%J 4m\ n n �^ Zoning Administrator's Signature: �J ul'Ir �. BUILDING PERMIT REQUIRED: ❑ YES No BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL SIGNATURE OF CITY RECORDER MOVED -ON STRUCTURE TERM: FROM 3/goi 0 9 TO ` 14, 0 / a, Required inspections on back. MOVED -ON STRUCTURE FEE: 1 % STATE TAX: $75.00 .75 $75.75 PAYMENT RECEIVED CITY OF MOAB MAR 0 5 2009 CH# Cm/66orev 61Ani NT is-. 7S hx, -WESTERN RIVER EXPEDITION iAB ADVENTURE CENTER 200 SOUTH MIDI STRUT MOAB, UTAH • ELLIOif+IAYONEY orohtt.eturewzgragri amadegtr nmuin MIY1W " M( 0d ' ADVENTURE CENTER E 225 S. MAIN STREET MOAB, IITAH 1 94352 )) RAFTING TRIPS HUMMErSAFARIS HORSEBACK RIDING SCENIC FLIGHTS " GUIDED HIKES MOUNTAIN BIKING NATIONAL PARK TOURS OUTDOOR GEAR 1-888-622-4097 1435-259-7019 ONLINE: MoabAdventureCenter.00m March 4, 2009 Moab City Council, The Moab Adventure Center would like to conduct Tent Sales on our Property which is located at 225 South Main. The time frame for the 2009 season is from March 20, 2009 to September 20,2009. Thank you for your consideration if you have any questions please give me a call at 435-260-1487. Jason Taylor Moab Adventure Center tv66 RIVEILTA D THEN SOME Resolution #06-2009 A RESOLUTION ENCOURAGING THE UTAH STATE LEGISLATURE TO UTILIZE THE CURRENT TRANSPORTATION FUNDING DISTRIBUTION FORMULA FOR ANY INCREASE TO THE STATEWIDE GAS TAX SO THAT THE ENTIRE TRANSPORTATION NEWORK MAY BENEFIT WHEREAS, Utah's transportation network is composed of federal, state, county and city roads; and WHEREAS, cities and town own and maintain approximately 10,000 miles (23 percent) of this network which handles approximately 25 percent of total annual traffic generated in the state; and WHEREAS, this road network is unquestionably interdependent and proper funding for the entire system --regardless of jurisdictional ownership-- is critical for the safe and efficient movement of people, goods and services; and WHEREAS, in 1923, a statewide gasoline tax was assessed to raise funds for the construction and maintenance of this road network and in 1937, the B & C funding system was established, providing direct funding sources for city and county roads; and WHEREAS, the B & C road fund provides roughly 50 percent of the funds required to maintain and build roads, the balance of funds coming from local sales and property taxes; and WHEREAS, this shared funding mechanism recognizes that all jurisdictions that build and maintain the transportation network should be proportionally compensated for such; and WHEREAS, for a number of years, the costs associated with building and maintaining this vital transportation network have increased significantly for states, counties, cities and towns and all jurisdictions are in need of additional funds; and WHEREAS, similar to the state, municipalities are suffering significant revenue shortfalls and road construction and maintenance is being canceled and deferred; and WHEREAS, the City of Moab depends on its allocation of Class C road funds to provide maintenance for its roads. NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve that any increase to the statewide gas tax by the 2009 Utah Legislature should be distributed according the current formula so that the entire transportation network will benefit. Passed and adopted by action of the Governing Body of the City of Moab in open session this loth day of March, 2009. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder Resolution #06-2009 Page 1 of 1 V A City of Moab Planning and Zoning Department Correspondence PL-09-XXX March 4, 2009 Memo To: Honorable Mayor and Members of the City Council From: Planning Staff Subject: Review of Proposed Ordinance #2009-01 that will Amend Title 17.00, Zoning, Chapter 17.52, Keeping Limited Numbers of Fowl for Food Production, Specifically Hen Chickens and Establishing Maintenance Standards for Coops and Runs as Recommended to the Council by the Planning Commission Background The City has been approached by residents who desire to keep hens in their backyards in an effort to produce food for the families. This is an economic matter as well as one of sustainability although initial start up costs to construct the coop and yards can be significant. Discussion The attached ordinance, as shaped by the Planning Commission, contains the many changes that were discussed in four meetings. Most recently, the Commission discussed final changes to the document and proposes for Council's approval the following amendments. 1. Section 17.52.040 has been made to read, "Hens shall be securely fenced and confined to the property of the owner with the use of coops and yards, and not allowed to run at large." 2. Section 17.52.040 (3) now reads, "Coop areas shall provide a minimum of 4 square feet of habitable area per laying hen." 3. Section 17.52.050 (1)(a) reads, " The owner of any fowl that dies within city limits shall remove the carcass of such animal from city limits within ten hours after its death." 4. The text in section 17.52.020 has been changed to read, "In all R-1, R-2, R-3, R- 4 residential zones and Planned Unit Developments in the RA Zone of the City of Moab, and for only those single-family residential uses in the commercial zones, up to and not exceeding more than six (6) hen chickens for egg production as family food, shall be allowed as a permitted use by right. For populations exceeding this threshold and up to twelve (12) hen chickens, a permit may be Moab Council Ordinance 2009-01 PL-09-023 Chickens page 2 of 2 used upon inspection of the property and approval by City Staff. This use is solely to allow up to twelve (12) hens per household as pets and for the purpose of producing eggs, subject to the following restrictions:" 5. The text in section 17.52.060 now reads, "Any person intending to raise six (6) or more and up to a total of twelve (12) domesticated hen chickens shall apply for a permit to do so. The application form shall be provided by the Zoning Administrator and shall include at a minimum:" In addition, with the recommendation to approve the ordinance, the Commission recommends that a $20 fee be applied to the application for the permit. Process Chapter 17.04.080, requires that a text amendment of the code be reviewed through a public hearing before the Planning Commission. This public hearing was held during the regularly scheduled meeting on February 12. A decision to recommend approval was made by the Commission in a 3-0 vote on February 26, 2009. Chapter 17.04.100 provides that the Council may elect to hold a public hearing but it is not a requirement of the code. Recommendation Staff withholds a recommendation until after Council's review. Alternatives In its action, Council can: 1) Approve Ordinance #2009-01 as recommended by the Planning Commission; 2) A approve Ordinance #2009-01 with any changes necessary to satisfy provisions of the Code or address concerns; 3) Table the application in order to satisfy needs for additional information. PAPLANNING DEPARTMENT\2009\Correspondence \PL-09-023 chickens to CC Final Changes.doc DRAFT ORDINANCE #2009-01 AN ORDINANCE TO AMEND TITLE 17.00, ZONING, WITH THE ADDITION OF A NEW CHAPTER 17.52, KEEPING LIMITED NUMBERS OF FOWL, SPECIFICALLY HEN CHICKENS FOR EGGS AND ESTABLISHING MAINTENANCE STANDARDS WHEREAS, the Moab City Council ("Council') adopted Title 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" on May 19, 1954, in an effort to encourage and facilitate orderly growth and development, promote a more attractive and wholesome environment, and to protect the public health, safety and general welfare; and, WHEREAS, the City, from time to time, has found it necessary and desirable to amend the regulations and requirements of Title 17.00 to remain current with changing elements of society and contemporary planning; and, WHEREAS, the City has been approached to allow a limited numbers of chickens to be housed on properties located in residential areas to serve as a food source and to enhance efforts of local sustainability; and, WHEREAS, hens have provided food for consumption by property owners on a non-commercial basis in limited zoning districts of Moab for many years; and, WHEREAS, eggs that are locally raised for personal consumption are significantly more healthful and taste better than factory -farm raised eggs, and are a part of the sustainable lifestyle; and WHEREAS, backyard and urban chickens eat noxious weeds and insects; and WHEREAS, chicken fecal matter can be a rich source of fertilizer and a positive addition to soils and; WHEREAS, numerous other local jurisdictions have adopted regulations for the legalization of responsible raising of backyard hen chicken; and WHEREAS, the citizens of Moab value their desire and ability to sustain their families with food produced from their own property, gardens and fruit trees; and, WHEREAS, the City of Moab Planning Commission held a duly advertised public hearing on February 12, 2009, to hear and consider testimony in support and opposition of amending the text of the Code to allow the keeping of limited numbers of hen chickens in all residential zones and for residential uses in commercial zones; and, WHEREAS, the Planning Commission, after consideration and review of the submitted testimony, favorably recommended that Council approve Ordinance #2009-01; and, DRAFT WHEREAS, Council, in a regularly scheduled open meeting, considered the public testimony and the recommendations of the Planning Commission and City Staff in reviewing the keeping of chickens in limited numbers within Moab City Limits; and, WHEREAS, Council has determined that the keeping of chickens in limited numbers is an acceptable activity in residential zones and as a permitted activity for residential uses located in commercial zones and is in keeping with the objectives and characteristics of the General Plan and Council Sustainability Resolution No. 37-2008 adopted on December 9, 2008. NOW, THEREFORE, the Moab City Council hereby amends Title 17.00, Zoning, with the addition of language to read: Chapter 17.52 Keeping limited numbers of fowl for food production Sections: 17.52.010 Intent 17.52.020 General Conditions 17.52.030 Prohibited Uses 17.52.040 Standards for Containment 17.52.050 Standards for Maintenance 17.52.060 Application for Permit 17.52.070 Enforcement/revocation of permit 17.52.080 Permit revocation, grounds 17.52.090 Permit revocation procedure, right to cure. 17.52.010 Intent. This Chapter shall provide residents of the community the opportunity to maintain up to twelve, (A) hen chickens as pets and for the purpose of producing eggs, subject to the described restrictions and regulations. The objective is to cultivate localized self- supporting and sustainable behavior for the betterment of the local, regional, and world community. 17.52.020 General Conditions. In all R-1, R-2, R-3, R-4 residential zones and Planned Unit Developments in the RA Zone of the City of Moab, and only for those single-family residential uses in the commercial zones, up to and not exceeding more than six,(g) hen chickens for egg production as family food, shall be allowed as a permitted use by right. For populations exceeding this threshold and up to twelve, Deleted: en Deleted: 1 Deleted:0 l Deleted: four Deleted: 4 l Deleted: en DRAFT (12) hen chickens, a permit may be issued upon inspection of the property and approval by City Staff. This use is solely to allow up to twelvwX12) hens per household as pets and for the purpose of producing eggs, subject to the following restrictions: 17.52.030 Prohibited uses. 1. No roosters shall be allowed in the R-1, R-2, R-3, R-4, any commercial zone or in Planned Unit Developments located in the RA-1 Zone. If chickens are purchased as chicks and any are determined at a later date to be roosters, they shall be removed immediately upon determination of gender; 2. Fighting chickens are not allowed as per Municipal Code Chapter 6.04.360. 3. Hen chickens shall not be raised for slaughter for commercial purposes; 17.52.040 Standards for containment Hens shall be securely fenced and confined to the property of the owner with the use of coops and yards, and not allowed to run at large; 1. Enclosures and coops shall be located at least fifteen (15) feet from neighboring residences, kept clean and with no odors emanating across property lines; 2. Chicken yards shall provide a minimum outside area of 10 square feet per hen; 3. Coop areas shall provide a minimum of 4 square feet of habitable area per laying hen. 17.52.050 Standards for maintenance 1. Removal of dead birds. a. The owner of any fowl that dies within city limits shallyremove the carcass of Deleted:0 Deleted: en Deleted: 0 i Deleted: It is unlawful for t such animal from city limits within ten hours after its death. Deleted: to fail to 2. No coop cleanings shall be stockpiled within twenty (20) feet of any dwelling or any property line unless stored in a closed bin covered to prevent pest and insect infestation or kept in a properly maintained compost pile. 3. No coop shall be kept in an unsanitary or improperly ventilated condition by any coop owner, lessee or occupant of a property. 4. Diseased or sick birds shall be handled in such a manner as to not infect other members of the coop. 17.52.060 Application for Permit DRAFT Any person intending to raise six,() or more and up to a total of twelve,r12) domesticated hen chickens shall apply for a permit to do so. The application form shall be provided by the Zoning \ Administrator and shall include at a minimum: a. Name and address of property owner and other contact information, b. Address of subject property, c. Name and contact information of occupant or renter if not the property owner, d. The applicant shall provide a narrative and a site plan of the subject property to adequately explain the location of the coop and other improvements on the lot. A non- refundable fee as established by resolution of Council shall be submitted at the time of application. e. If the applicant is not the owner of the property on which the request for keeping chickens is located, a letter from the owner, signed and notarized agreeing to the use is required. 17.52.070 Enforcement In the event that violations of this section occur, the complainant shall contact the Zoning Administrator and shall file a complaint outlining the nature of the infraction(s) and the time(s) that the violations(s) occurred. The property owner of the subject property shall be notified in accordance with code Title 17.78, Zoning Violations, Penalties, and the appropriate fines shall be in effect. All violations of this chapter are classified as Class B Misdemeanors, punishable by a fine not to exceed one thousand dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Each day of violation or noncompliance shall constitute a separate offense and may be prosecuted accordingly. 17.52.080 Permit revocation, grounds A permit to keep chickens may be revoked at the discretion of the Zoning Administrator if any of the following occurs: 1. Three complaints are submitted from a neighborhood within a period of one month where definite violations of the above described standards have occurred; 2. Failure to correct violations within an allowed time period not to exceed twenty- one (21) days; 3. A rooster is kept on the premisies in violation of the restrictions for roosters; 4. False, inaccurate, or misleading statements by the applicant in the application for a chicken permit, or any supporting documentation; 5. The use of the permit for commercial sale of eggs or poultry meat products. Deleted: five Deleted: 5 Deleted: en Deleted: 10 DRAFT 17.52.090 Permit revocation procedure, right to cure. A. Prior to revocation, the Zoning Administrator shall issue a written notice of violation, which notice shall describe the nature of the violation and permit the licensee a period of not less than twenty one (21) business days in which to correct or abate the violation. The abatement period may be extended by action of the City Manager upon a showing of good cause. The notice shall also inform the permitee that the permit will be revoked not less than twenty one business days from the date of notice if violation is not corrected within the period. B. The notice shall be personally served or delivered by certified mail or first-class mail to the last known address of the permit holder. The permit holder shall be entitled to request a hearing by delivering a written request to the Zoning Administrator any time prior to the effective date of the license revocation, as stated in the notice of violation. Failure to timely request a hearing shall be a waiver of the right to a hearing. Timely request for a hearing shall result in the revocation being stayed until completion of the hearing. C. Hearings shall be informal and presided over by the City Manager. The permit holder shall be allowed to offer evidence or testimony in support of his/her position. Should the testimony, documents, or other evidence establish a violation the permit shall be immediately revoked. If the infractions are corrected after revocation has taken place, a new application and fee shall be submitted by the former permit holder to the Zoning Administrator for review. D. Following an informal hearing before the city manager, a person aggrieved by a revocation may appeal the decision by delivering written notice of same within ten business days of the notice of decision. Timely notice of appeal will result in stay of the revocation pending the appeal hearing. Appeals shall be heard by the City Council no later than ten business days from the delivery of notice of appeal. The council may sustain or overturn the decision. E. Any person violating a revocation decision shall be subject to the remedies and penalties as described in Section 17.52.070. AND THAT, Council hereby repeals Item D. of Subsection 6.04.480, Barns and stables, that currently reads; "D. No chicken coop, house, pen, or any other structure used for the containment of fowl, including pigeons, except for household pets, shall be kept or maintained at a distance closer than one hundred feet from the door or windows of any dwelling other than the dwelling of the animal owner or caretaker." AND, THAT, Council also amends the language of Chapter 17.06, Definitions, with the addition of the following definitions that shall read: DRAFT "Coop, chicken" (also coop, henhouse, hen coop) a structure for housing poultry that provides shelter from the elements, rodents, hungry predators, theft, and injury and that consists of at least four (4) square feet of habitable area per laying hen. Coops may have an open front or may be draft free with ventilation openings such as windows. "Fowl" When applied to Code Chapter 17.52, specifically references a domesticated hen "chicken" that is used as food or for laying eggs but does not include any of the other various heavy -bodied largely ground -feeding domestic or game birds of the order Galliformes, such as a duck, goose, turkey, or pheasant, that is used for food or hunted as game. *AND, FURTHERMORE, THAT, item G in Chapter 17.54.020,_Use requirements for the RA-1 Zone would be amended to read: G. Barns, corrals, pens, coops, sheds and feed storage buildings for the keeping of animals and fowl and the storage of farm products; provided, however, that uses for the care and keeping of livestock and fowl are located at least one hundred feet distance from any existing dwelling and one hundred feet from the front property lines. In Residential Planned Unit Developments located in the RA-1 Zone, fowl kept for non-commercial egg production is allowed under the provisions of Chapter 17.52, Keeping limited numbers of fowl for food production PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2009. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder DRAFT ORDINANCE #2009-01 AN ORDINANCE TO AMEND TITLE 17.00, ZONING, WITH THE ADDITION OF A NEW CHAPTER 17.52, KEEPING LIMITED NUMBERS OF FOWL, SPECIFICALLY HEN CHICKENS FOR EGGS AND ESTABLISHING MAINTENANCE STANDARDS WHEREAS, the Moab City Council ("Council") adopted Title 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" on May 19, 1954, in an effort to encourage and facilitate orderly growth and development, promote a more attractive and wholesome environment, and to protect the public health, safety and general welfare; and, WHEREAS, the City, from time to time, has found it necessary and desirable to amend the regulations and requirements of Title 17.00 to remain current with changing elements of society and contemporary planning; and, WHEREAS, the City has been approached to allow a limited numbers of chickens to be housed on properties located in residential areas to serve as a food source and to enhance efforts of local sustainability; and, WHEREAS, hens have provided food for consumption by property owners on a non-commercial basis in limited zoning districts of Moab for many years; and, WHEREAS, eggs that are locally raised for personal consumption are significantly more healthful and taste better than factory -farm raised eggs, and are a part of the sustainable lifestyle; and WHEREAS, backyard and urban chickens eat noxious weeds and insects; and WHEREAS, chicken fecal matter can be a rich source of fertilizer and a positive addition to soils and; WHEREAS, numerous other local jurisdictions have adopted regulations for the legalization of responsible raising of backyard hen chicken; and WHEREAS, the citizens of Moab value their desire and ability to sustain their families with food produced from their own property, gardens and fruit trees; and, WHEREAS, the City of Moab Planning Commission held a duly advertised public hearing on February 12, 2009, to hear and consider testimony in support and opposition of amending the text of the Code to allow the keeping of limited numbers of hen chickens in all residential zones and for residential uses in commercial zones; and, WHEREAS, the Planning Commission, after consideration and review of the submitted testimony, favorably recommended that Council approve Ordinance #2009-01; and, Ordinance #2009-01 Page 1 of 7 6-10 DRAFT WHEREAS, Council, in a regularly scheduled open meeting, considered the public testimony and the recommendations of the Planning Commission and City Staff in reviewing the keeping of chickens in limited numbers within Moab City Limits; and, WHEREAS, Council has determined that the keeping of chickens in limited numbers is an acceptable activity in residential zones and as a permitted activity for residential uses located in commercial zones and is in keeping with the objectives and characteristics of the General Plan and Council Sustainability Resolution No. 37-2008 adopted on December 9, 2008. NOW, THEREFORE, the Moab City Council hereby amends Title 17.00, Zoning, with the addition of language to read: Chapter 17.52 Keeping limited numbers of fowl for food production Sections: 17.52.010 Intent 17.52.020 General Conditions 17.52.030 Prohibited Uses 17.52.040 Standards for Containment 17.52.050 Standards for Maintenance 17.52.060 Application for Permit 17.52.070 Enforcement/revocation of permit 17.52.080 Permit revocation, grounds 17.52.090 Permit revocation procedure, right to cure. 17.52.010 Intent. This Chapter shall provide residents of the community the opportunity to maintain up to twelve (12) hen chickens as pets and for the purpose of producing eggs, subject to the described restrictions and regulations. The objective is to cultivate localized self- supporting and sustainable behavior for the betterment of the local, regional, and world community. 17.52.020 General Conditions. In all R-1, R-2, R-3, R-4 residential zones and Planned Unit Developments in the RA Zone of the City of Moab, and only for those single-family residential uses in the commercial zones, up to and not exceeding more than six (6) hen chickens for egg production as family food, shall be allowed as a permitted use by right. For populations exceeding this threshold and up to twelve Ordinance #2009-01 Page 2 of 7 DRAFT (12) hen chickens, a permit may be issued upon inspection of the property and approval by City Staff. This use is solely to allow up to twelvw (12) hens per household as pets and for the purpose of producing eggs, subject to the following restrictions: 17.52.030 Prohibited uses. 1. No roosters shall be allowed in the R-1, R-2, R-3, R-4, any commercial zone or in Planned Unit Developments located in the RA-1 Zone. If chickens are purchased as chicks and any are determined at a later date to be roosters, they shall be removed immediately upon determination of gender; 2. Fighting chickens are not allowed as per Municipal Code Chapter 6.04.360. 3. Hen chickens shall not be raised for slaughter for commercial purposes; 17.52.040 Standards for containment Hens shall be securely fenced and confined to the property of the owner with the use of coops and yards, and not allowed to run at large; 1. Enclosures and coops shall be located at least fifteen (15) feet from neighboring residences, kept clean and with no odors emanating across property lines; 2. Chicken yards shall provide a minimum outside area of 10 square feet per hen; 3. Coop areas shall provide a minimum of 4 square feet of habitable area per laying hen. 17.52.050 Standards for maintenance 1. Removal of dead birds. a. The owner of any fowl that dies within city limits shall remove the carcass of such animal from city limits within ten hours after its death. 2. No coop cleanings shall be stockpiled within twenty (20) feet of any dwelling or any property line unless stored in a closed bin covered to prevent pest and insect infestation or kept in a properly maintained compost pile. 3. No coop shall be kept in an unsanitary or improperly ventilated condition by any coop owner, lessee or occupant of a property. 4. Diseased or sick birds shall be handled in such a manner as to not infect other members of the coop. 17.52.060 Application for Permit Ordinance #2009-01 Page 3 of 7 6-10 DRAFT Any person intending to raise six (6) or more and up to a total of twelve (12) domesticated hen chickens shall apply for a permit to do so. The application form shall be provided by the Zoning Administrator and shall include at a minimum: a. Name and address of property owner and other contact information, b. Address of subject property, c. Name and contact information of occupant or renter if not the property owner, d. The applicant shall provide a narrative and a site plan of the subject property to adequately explain the location of the coop and other improvements on the lot. A non- refundable fee as established by resolution of Council shall be submitted at the time of application. e. If the applicant is not the owner of the property on which the request for keeping chickens is located, a letter from the owner, signed and notarized agreeing to the use is required. 17.52.070 Enforcement In the event that violations of this section occur, the complainant shall contact the Zoning Administrator and shall file a complaint outlining the nature of the infraction(s) and the time(s) that the violations(s) occurred. The property owner of the subject property shall be notified in accordance with code Title 17.78, Zoning Violations, Penalties, and the appropriate fines shall be in effect. All violations of this chapter are classified as Class B Misdemeanors, punishable by a fine not to exceed one thousand dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Each day of violation or noncompliance shall constitute a separate offense and may be prosecuted accordingly. 17.52.080 Permit revocation, grounds A permit to keep chickens may be revoked at the discretion of the Zoning Administrator if any of the following occurs: 1. Three complaints are submitted from a neighborhood within a period of one month where definite violations of the above described standards have occurred; 2. Failure to correct violations within an allowed time period not to exceed twenty- one (21) days; 3. A rooster is kept on the premisies in violation of the restrictions for roosters; 4. False, inaccurate, or misleading statements by the applicant in the application for a chicken permit, or any supporting documentation; 5. The use of the permit for commercial sale of eggs or poultry meat products. Ordinance #2009-01 Page 4 of 7 6-10 DRAFT 17.52.090 Permit revocation procedure, right to cure. A. Prior to revocation, the Zoning Administrator shall issue a written notice of violation, which notice shall describe the nature of the violation and permit the licensee a period of not less than twenty one (21) business days in which to correct or abate the violation. The abatement period may be extended by action of the City Manager upon a showing of good cause. The notice shall also inform the permitee that the permit will be revoked not less than twenty one business days from the date of notice if violation is not corrected within the period. B. The notice shall be personally served or delivered by certified mail or first-class mail to the last known address of the permit holder. The permit holder shall be entitled to request a hearing by delivering a written request to the Zoning Administrator any time prior to the effective date of the license revocation, as stated in the notice of violation. Failure to timely request a hearing shall be a waiver of the right to a hearing. Timely request for a hearing shall result in the revocation being stayed until completion of the hearing. C. Hearings shall be informal and presided over by the City Manager. The permit holder shall be allowed to offer evidence or testimony in support of his/her position. Should the testimony, documents, or other evidence establish a violation the permit shall be immediately revoked. If the infractions are corrected after revocation has taken place, a new application and fee shall be submitted by the former permit holder to the Zoning Administrator for review. D. Following an informal hearing before the city manager, a person aggrieved by a revocation may appeal the decision by delivering written notice of same within ten business days of the notice of decision. Timely notice of appeal will result in stay of the revocation pending the appeal hearing. Appeals shall be heard by the City Council no later than ten business days from the delivery of notice of appeal. The council may sustain or overturn the decision. E. Any person violating a revocation decision shall be subject to the remedies and penalties as described in Section 17.52.070. AND THAT, Council hereby repeals Item D. of Subsection 6.04.480, Barns and stables, that currently reads; "D. No chicken coop, house, pen, or any other structure used for the containment of fowl, including pigeons, except for household pets, shall be kept or maintained at a distance closer than one hundred feet from the door or windows of any dwelling other than the dwelling of the animal owner or caretaker." AND, THAT, Council also amends the language of Chapter 17.06, Definitions, with the addition of the following definitions that shall read: Ordinance #2009-01 Page 5 of 7 6-10 DRAFT "Coop, chicken" (also coop, henhouse, hen coop) a structure for housing poultry that provides shelter from the elements, rodents, hungry predators, theft, and injury and that consists of at least four (4) square feet of habitable area per laying hen. Coops may have an open front or may be draft free with ventilation openings such as windows. "Fowl" When applied to Code Chapter 17.52, specifically references a domesticated hen "chicken" that is used as food or for laying eggs but does not include any of the other various heavy -bodied largely ground -feeding domestic or game birds of the order Galliformes, such as a duck, goose, turkey, or pheasant, that is used for food or hunted as game. *AND, FURTHERMORE, THAT, item G in Chapter 17.54.020LUse requirements for the RA-1 Zone would be amended to read: G. Barns, corrals, pens, coops, sheds and feed storage buildings for the keeping of animals and fowl and the storage of farm products; provided, however, that uses for the care and keeping of livestock and fowl are located at least one hundred feet distance from any existing dwelling and one hundred feet from the front property lines. In Residential Planned Unit Developments located in the RA-1 Zone, fowl kept for non-commercial egg production is allowed under the provisions of Chapter 17.52, Keeping limited numbers of fowl for food production PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2009. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder Ordinance #2009-01 Page 6 of 7 6-10 Memorandum To: Honorable Mayor and Councilmembers From: Rachel Ellison, City Recorder Date: 03/06/2009 Re: Flexible Benefits Plan Contract It has become necessary to amend our Cafe Plan Contract from time to time to make clarifications and to ensure consistency with our plan administration. Those changes are reflected here as well as an increase to the allowed employee contribution from $2,000 to $3,000. We have had several employees express a need to increase the amount they withhold to cover their out-of-pocket medical expenses. With the increases in the cost of medical care I think this is warranted. Also, I wanted to include our premium reimbursement program in this contract. Previously we have verbally informed employees of this option. Please let me know if you have any questions. Thanks. 6-11 REC-MEM-04-00-000 CITY OF MOAB FLEXIBLE BENEFITS PLAN ELECTION FORM/CONTRACT AND COMPENSATION REDUCTION AGREEMENT www.mytasc.com Employee Name: TASC Participant ID # Employee Address: Plan Year: JANUARY TO DECEMBER 2009 As an eligible employee in the above plan, I acknowledge that I have received the Summary Plan Description, I have read the Summary Plan Description, and I understand the benefits available to me a well as the other rights and obligations which I have under the plan. ELECTION OF MEDICAL REIMBURSEMENTS ( X ) I elect to receive medical reimbursements for the plan year. ( ) The City contribution amount for Deductible Offset will be - $0 for the plan year. ( ) The City contribution amount for Exempt Deductible offset will be - $0 for the plan year. ( ) The City contribution amount for Medical Reimbursement will be - $0 for the plan year. ( ) The amount of Compensation Redirection (monies withheld from your check) will be - 5 for the plan year. I understand the following: ❑ The maximum medical and dental contribution from employees' wages for expenses subject to reimbursement during any plan year for any Participant shall not exceed the greater of 1/12 of Participant's annual income or $3.000. ❑ Employees with other medical coverage may be eligible for a contribution to their Flexible Benefits Plan made by the City of Moab for eligible medical expenses as provided for by Moab City Resolution #13-93. ❑ Reimbursements will be available only for qualifying medical care expenses. Publication 969 provided by the Internal Revenue Service states that, generally, qualifying medical care expenses for flexible spending accounts are those medical expenses normally deductible on my federal income tax return (without regard to the percentage of adjusted gross income limitation, as listed in). Paragraph 59 of the 2007 U.S. Master Tax Guide offers a checklist of some specific medical expenses and the authority for the deductibility of these types of expenses. Qualifying medical care expenses include expenses incurred for the following: ❑ Medicines, drugs, birth control pills, vaccines, and vitamins prescribed by a doctor. ❑ Medical doctors, dentists, eye doctors, chiropractors, osteopaths, podiatrists, psychiatrists, psychologists, physical therapists, acupuncturists, and psychoanalysts (medical care only). 1 6-11 Q' Medical examinations, X-ray and laboratory services and insulin treatments. Q' Nursing help. If you pay someone to do both nursing and housework, you can be reimbursed only for the cost of the nursing help. Q' Hospital care including meals and lodging, clinic costs, and lab fees. Q' Medical treatments at a center for substance abuse. Q' Medical aids such as hearing aids (and batteries), false teeth, eyeglasses, contact lenses, braces, orthopedic shoes, crutches, wheelchairs, guide dogs and the cost of maintaining them. Q' Ambulance services and other travel costs to get medical care. If you use your own car, you can claim the mileage rate as adopted by the Internal Revenue Service. Add parking and tolls to the amount you claim. Q' Qualifying medical care expenses incurred for the following must be accompanied by a doctor's certification indicating the specific medical disorder, the specific treatment needed, and how this treatment will alleviate the medical condition: Q' Hair care for lice and psoriasis control; hair regrowth/Rogaine if hair loss is due to a medical condition Q' Skin care productions for physician's diagnosis of skin problem or cancer Q' Sleep aids, such as oral medications, snoring strips, etc. under the direction of and prescribed by a physician Q' Vitamins and supplements, herbal supplements as prescribed by a physician, such as calcium for women to treat osteoporosis, not to prevent it Q' Weight reduction aids, such as appetite suppressants, water retention products, under the direction of and prescribed by a physician for a medical condition -P Over-the-counter items as follows: adhesive or elastic bandages, blood pressure meter, cold or hot compresses, eye drops, foot spa, gauze and tape, gloves and masks, leg or arm braces, massagers, saline nose drops, special teeth cleaning system, thermometers Q' I agree to notify the Employer if I have reason to believe that any expense for which I have obtained reimbursement is not a qualifying expense. I also agree to indemnify and reimburse the Employer on demand for any liability it may incur for failure to withhold federal, state or local income tax or Social Security tax from any reimbursement I receive of a non -qualifying expense, up to the amount of additional tax actually owed by me. Q' This section of the agreement will automatically terminate if the Plan is terminated or discontinued. Q' I agree to provide the Plan Administrator with an explanation of benefits from the insurance company as proof of my monetary responsibility. Q' If I cease my employment with the Employer, my participation in the Plan will cease. No further contributions will be made to the Plan on my behalf, although I may be entitled to reimbursements for claims incurred prior to my date of termination. Q' I cannot seek reimbursement from this account for a medical expense which I intend on taking as a deduction or credit on my tax return. You cannot obtain reimbursement for the following: Q' The basic cost of Medicare insurance (Medicare A). Q' Life insurance or income protection policies. Q' Accident insurance for you or members of your family. Q' Employer sponsored health insurance coverage for you or members of your family for plans not sponsored by the City of Moab. Q' Hospital insurance benefits withheld from your pay as part of the Social Security tax or paid as part of Social Security self-employment tax. Q' Nursing care for a healthy baby. Q' Illegal operations or drugs. Q' Travel your doctor prescribed for you for rest or change. 2 6-11 Q' Cosmetic Surgery. Q' Any expense recommended for the bettering of general health is not eligible (example: health fitness clubs or classes, exercise equipment) Q' Qualifying medical expenses include only those expenses incurred for the following individuals: Q' You Q' Your spouse Q' All dependents you list on your federal tax return. Q' Any person that you could have listed as a dependent on your return if that person had not received $2,450 or more of gross income or had not filed a joint return. This amount is adjusted each year for cost of living. ELECTION OF DEPENDENT CARE REIMBURSEMENTS (DEPENDENT DAYCARE) ( ) I elect to receive dependent care reimbursements for the plan year. The amount of compensation redirection will be $ for the plan year. I understand the following: Q' Reimbursement will be available only for qualifying dependent care expenses as described in the Internal Revenue Code Section 129, the Plan document, and the Summary Plan Description. Q' I agree to notify the Employer if I have reason to believe that any expense for which I have obtained reimbursement is not a qualifying expense. I also agree to indemnify and reimburse the Employer on demand for any liability it may incur for failure to withhold federal, state or local income tax or Social Security tax from any reimbursement I receive of a non -qualifying expense, up to the amount of additional tax actually owed by me. Q' I agree to provide the Plan Administrator with a statement from the service providers that includes the amount of the expense as proof that the expense has been incurred. Q' I agree to provide the Plan Administrator with the name, address, and if applicable, the taxpayer identification number of the service providers. Q' This section of the agreement will automatically terminate if the Plan is terminated or discontinued. I will, however, be entitled to be reimbursed for eligible expenses (to the extent funded) for the remainder of the Plan year. Q' I will only be reimbursed for amounts up to the balance in my account at the time of my request. Q' I cannot claim a dependent care tax credit on amounts I receive as reimbursements under this dependent care assistance program. Q' Under the plan you will be reimbursed only for dependent care expenses meeting all of the following conditions: Q' The expenses are incurred for services rendered after the date of this election and during the Plan year to which it applies. Q' Each individual for whom you incur the expenses is either of the following: Q' a dependent under age 13 whom you are entitled to claim as a dependent (or a child or other dependent under age 13 whom you are supporting but are not entitled to claim as a dependent only because of a written declaration of decree of divorce) on your federal income tax return, or Q' a spouse or other tax dependent (or a child you are supporting but are not entitled to claim as a dependent only because of a written declaration or decree of divorce) who is physically or mentally incapable or caring for himself or herself 6-11 Q' The expenses are incurred for the care of a dependent described above, or for related household services, and are incurred to enable you to be gainfully employed. Q' If the expenses are incurred for services outside your household, they are incurred for the care of a dependent as described above, or for an individual who regularly spends at least 8 hours per day in your household. Q' If the expenses are incurred for services provided by a dependent care center (i.e., facility that provides care for more than six individuals not residing at the facility), the center complies with all applicable state and local laws and regulation. Q' The expenses are not paid or payable to a child of yours who is under age 19 at the end of the year in which the expenses are incurred. Q' The expenses are not paid or payable to an individual for whom you or your spouse is entitled to a personal tax exemption as a dependent. ELECTION NOT TO PARTICIPATE I reject to following benefits offered me through the flexible benefits plan: ) ( ) ( ) Group health insurance coverage Medical reimbursements Daycare reimbursements OTHER TERMS AND CONDITIONS I understand the following: Q' I cannot change or revoke any of my elections or this compensation reduction agreement at any time during the plan year unless I have a change in family status. Such changes include marriage, divorce, death of a spouse or child, birth or adoption of a child, termination or commencement of employment of a spouse, change in my or my spouses employment status from full time to part time or from part time to full time, my spouse or me taking an unpaid leave of absence, a substantial change in my family's health coverage due to a change in my spouses employer sponsored health coverage, or such other events aJ shall be defined by the Internal Revenue Service and interpreted by the Plan Administrator determines will to permit a change or revocation of an election. Q' The Plan Administrator may reduce or cancel my compensation reduction or otherwise modify this agreement in the event they believe it advisable in order to satisfy certain provisions of the Internal Revenue Code. Q' The reduction in my cash compensation under this agreement shall be in addition to any reductions under other agreements or benefit programs maintained by my Employer. Q' Any amounts that are not used during a Plan year to provide benefits will be forfeited and may not be paid to me in cash or used to provide benefits specifically for me in another Plan year. Q' Prior to the first day of each Plan year I will be offered the opportunity to change my benefit elections for the following Plan year. If I do not complete and return a new election form at that time, I will be treated as having elected not to participate for the following Plan year. Q' This agreement is subject to the terms of the Employers Flexible Benefits Plan, as amended, shall be governed by and construed in accordance with applicable laws, shall take effect as a sealed instrument under applicable laws, and revokes any prior election and compensation reduction agreement relating to such plan. 4 6-11 Signature of Employee Date Signature of Employers Authorized Representative Date 5 6-11 GOY GP L ` :. 1111 MOAlB City of Moab Planning and Zoning Department Correspondence PL-09-026 March 5, 2009 To: Honorable Mayor and Members of Council From: Planning Staff Subject: Approval of a Boundary Line Adjustment between Properties Located On Rosetree Lane and Owned by Mr. Drake Taylor and Ms. Helene Boyer Background The properties consist of three lots one hundred (100) feet in width and about one hundred thirteen (113) feet in depth. The owners would like to construct accessory buildings on the property but the code does not allow a structure less than 700 square feet to be built on a lot without a principal structure. The lot lines will be adjusted to the east to maintain three distinct and separate properties that will still meet the dimensional requirements of the R-3 Zone for the seventy five (75) foot lot frontage and the lot area of seven thousand two hundred (7,200) square feet. Discussion This application is being reviewed under code Section 16.08.050, and a public hearing is not required for approval. The shift of the existing lot lines meets all of the requirements of the code and does not increase the number of lots, and the lots conform to the requirements of the R-3 zone for lot width and area. Recommendation Staff recommends approval of the boundary line adjustment. PAPLANNING DEPARTMENT \2009\Correspondence\PL-09-02G Taylor Boundary line adj.doc To Whom It May Concern: We are requesting this lot line change for the following reasons: 1.) We presently own 3 adjacent town lots (each with 100 feet of street frontage and each with between 112 to 115 feet of depth). We would like to construct a few outbuildings of under 700 square feet on our property. We would like to spread these outbuildings out on our lots. However, current planning and zoning codes state that we can not construct any structure under 700 square feet if it is the only structure on the lot and, that secondary structures (outbuildings) can not be on a lot by themselves without a primary structure of over 700 square feet on that same lot. Since we would like to keep our outbuildings under 700 sq feet, not build any other primary structures, and not squeeze the outbuildings onto the 100 by 112 foot lot with the existing primary structure, we need to enlarge our lot with the existing primary structure in order to put the proposed outbuildings on that same lot and thus abide by the current zoning codes. 2.) Secondly, without cutting any trees down, which we hope not to do, there are only 2 building sites that make sense for construction of these outbuildings on our property. One of these sites straddles the existing 100 foot lot line between lot 9 and lot 8, and the other sits in the first 50 feet of the existing lot 8. So to use these building sites and to abide by the required 8 foot side setbacks, we need to change the street frontage of our 31ots to 150 feet, 75 feet, and 75 feet. (Please see enclosed survey for requested changes and existing lot lines). Sincerely, Drake Taylor 2, rct(z-foli )/`" Q-5 5-5o 3 zCincfodCKik Helene Boyer GRAPHIC SCALE (p FB62 ) 1 Nob m 60 ft. VEST 1/4 COINER BECTON 5, T26 S. R 22 E, SUL MONUMENT WELL NTT PIN LROSETREE LANE 4113.17 SB9SPU0'E LOT 9 RE -CONFIGURED LOT 9 A DESORPTION OF TM RE -CONFIGURED LOT 9 OF THE NICHOLS RAT OF WC110L5-BowEN SUBOHNSOK. SECTOR 6. T 26 S. R 22 E, SUM. GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A PINT ON TIE SOUTH R-O-1Y OF ROSETTEE LANE SAE PONT BEARS S 001E0016 16.50 FT. THENCE S 6913Y00'E 416.12 FT. FROM THE REST I CORNER SECTION 6, T 26 S. R 22 E SUE AND PROCEEDING THENCE S 69S.TDU'E 149.02 FT., THENCE S 001610016 111.7E FT., THENCE N 1191610'W 149.12 FT., THENCE N 007ENEW 49.23 FT.. TWICE N 0006'45i 00.95 FT. TO THE PONT OF BEGINNING AND CONTAINING 16,505 SO FT., MORE OR LESS T49.12' L VIV D MAMA,- MOFIUMENT, AS DESGWED BASIS OF BEARINGS (NICHOLS-BOWEN SUED. PLAT) S89.53'00"E ST9SEOPE SWIM R-O-W ROSEIREE LANE 149.9E ` POINT OF BEGINNING LOT 9 I PONT C11 BEGNNNG LOT 0 I .LOT' 91 (RE-CONFIGURECO 16605 SO. FT.I NI I I\ I J s 75.00' II POST ADJUSTFENt /LOT UNES� I LOT der � (RE-CONF1GURD ) 8411 SO. FT.I I I I 75.00• MISTETTM PRE -ADJUSTMENT LOT LINES LA'CAL DESCRIPTIONS RE=CONFIGURED LOT B A DESCRIPTION OF THE RE-COINTG IEO LOT 5 OF TIE NICHOLS PUT OF NICHOLS-BONEN SUNPASION, SECTON 0, T 26 S. R 22 E Sly GRAND COUNTY, UTAH. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A PONT ON TIE SOUTH R-O-W OF ROSETREE UNTIE. SAE PONT BEARS S 0070110'11 1250 FT. THENCE s WTSS00'E 555.05 FT. FROM THE NEST I CORNER SECTION 6, T 26 S, R 22 C. SUM, AND PROCFEDN2 THENCE S 693.700"E 75.00 FT.. THENCE S 001ECOM t12.55 FT.. THENCE N 6911110/6 75.00 FT.. THENCE N 00111TrE 111.7E FT. 10 TIE PINT CF BEG INNG AND CONTAINING 6411 Sl FT., MORE OR LESS, SIMIZTORS NAvrur1721' THE PURPOSE OF TINS SURVEY WAS TO MCNUMENT THE PROPOSED BOUNDARY CHANGE TO TUT LINE COWE N TO LOTS 9 R 0 OF THE NICHOLS PUT OF MCHOLS-BOVEN SUBDIVISION. THE RECORD BOUNDARIES AS STAKED THIS SURVEY %ERE FOUND TO BE SOME 2 FT. OFF OF THE EXISTING FENCES AND UNES OF OCCUPATION. 75.00' POINT OF BEGINNING LOT 7 LOT 7 (RE -CONFIGURED) 8520 SO. FT. 75.6E CENTER -REST 1/15 SECTION 5, T20 S. R 22 E SUL RAILROAD SPIKE N ASPHALT LOT 6 RE -CONFIGURED LOT 7 A DESCRIPTION Of THE RE -CONFIGURED LOT 7 OF 111E NOOLS PUT OF NICHOLS-BOREN SUBDIMSCN4 SECTION 6. T 26 S. R 22 E SW, GRAND COUNTY. UTAH. MORE PARECNARLY DESCRIBED AS FCLLOYI£ BEG HMO AT A POINT ON TINE SOUTH R-O-W OF ROg1gfE LANE SAID PONT BEARS S 0016'00'W 16.50 FT. THEME S B9S500"( 641.05 FT. FROM THE WEST I CORNER SECTION 6, T 26 S, R 22 E SUA AND PROCEEDING THENCE S 09'SEODi 7500 FT., THENCE S 001E14'E 11240 FT., THENCE N 6916101Y 7E87 FT., THENCE N o0'IBTO'E 11255 FT. TO THE PUNT OF BEGINNING AND CONTNN/NG 2520 SOL FT, MORE OR LEA SURVEYORS CERTIFICATE L TIMOTHY M. KEOG , DO HEREBY CERTIFY TNT I AM A REGISTERED UTAH LAND SURVEYOR, H01DNG CERINCATE NO. 171004 AS PRESCRIBED UNDER NE LAWS OF THE STATE OF TITAN, AND I FUSTIER CERTIFY THAT UNDER AUTHORITY CF THE OWNER I HAVE PREPARED NE IEGAL DESCRP HEREON. A.,. 2 D XBDCX LAND SDRYETINC 45 EAST CENTER STREET MOAB. am. 04552 A PUT Of THE TAYLOR BOUNDARY LINE AD✓USEVENT PREPARED FOR BRAKE TAYLOR DATE: 29, IN BY: lY CHECKED BY: 711K SCALE 1'/.30' FB.# 152 TAVLORBLADWG MOAB CITY CORPORATION 217 E CENTER STEET MOAB UT 84532-2534 (435) 259-5121 • FAX (435) 259-4135 FOR OFFICE USE ONLY 01 %.00 DATE PAID: AMOUNT PAID: RECEIPT NO.: MODIFICATION OF PROPERTY OR SUBDIVISION LINES PAYMENT RECEIVED BY CITY OF MOAB EXCHANGE OF TITLE FEB - 4 2009 Utah State Code 10-9a-608(7)(b) CH # Le • 1 AMOUNT 1 G ba O This section of the Utah Code allows for the exchange of portions of property without having to amend existing subdivision lines if: (1) The property lines are adjacent; and, (2) No new lot results from the exchange of property lines; and, (3) The "exchange" is approved by the Moab City Council; and, (4) The legal descriptions of both the original parcels and the parcels created by the exchange of tile is attached as exhibits and to this form; and, (5) This exchange is signed by all the property owners affected by the exchange, the Mayor for the City Council and is noticed in accordance with Utah State Code Title 57-2a `Recognition of Acknowledgements Act' ; and, (6) The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CITY RECORDER Rachel Ellison Date r� State of Utah County of Grand The foregoing instrument was acknowledged before me this by Dk-c_ cr cal icPv- grif/i< My Commission Expiries: b3 -I "2- -Z o ( O Cot,t,,A OWNERS: i '5gticc. z3, 2Cd 1 Date Date c(j),1/./o0 1 Residing At: k 6- 12 b(-j - State of Utah County of Grand NOTARY CARROLL 125 EAST CENTER ST. MOAB UTAM g�32 MYCOIggsAON 2XPIRE3: Q3/1212010 STATE OF UTAH Date Date The foregoing instrument was acknowledged before me this by My Commission Expiries: Residing At: CITY OF MOAB GRAND COUNTY, UTAH RATIFYING RESOLUTION MARCH 10, 2009 RESOLUTION NO. #05-2009 A RESOLUTION RATIFYING ALL ACTION ON AUTHORIZING NOT MORE THAN $4,900,000 OF TAXABLE SALES TAX REVENUE BONDS TO FINANCE RECREATIONAL IMPROVEMENTS WHEREAS, the City Council (the "Council") of the City of Moab, Grand County, Utah (the "Issuer") adopted a resolution to advance its recreational improvements (the "Resolution"). The Issuer now desires to confirm and ratify the Resolution and all action taken with respect to the recreational improvements and confirm the action of the City Council; and WHEREAS, pursuant to the provisions of the Utah Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the "Act"), the City Council of the Issuer has authority to issue its Taxable Sales Tax Revenue Bonds (the "Bonds") in an amount not to exceed $4,900,000 for the purposes set forth above; and NOW, THEREFORE, it is hereby resolved by the City Council of the City of Moab, Grand County, Utah, as follows: Section 1. The Council hereby ratifies the Resolution and all action taken with respect to the recreational improvements on January 13, 2009. Section 2. The City Recorder is directed to complete the attached Record of Proceedings to officially record the proceedings at which this Ratifying Resolution was considered for adoption. Section 3. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed and this Ratifying Resolution shall be in full force and effect immediately upon its approval and adoption. Resolution #05-2009 Page 1 of 5 6-13 APPROVED AND ADOPTED this 10th day of March, 2009. Mayor, David L. Sakrison ATTEST: City Recorder, Rachel Ellison (SEAL) 4833-0455-7315/M0014-001 2 RECORD OF PROCEEDINGS The Council of the Issuer met in public session at 217 East Center Street in Moab, Utah, on March 10, 2009, at the hour of 7:00 p.m. or as soon thereafter as feasible, with the following members of the Council being present: Dave Sakrison Mayor Gregg W. Stucki Councilmember Rob Sweeten Councilmember Sarah C. Bauman Councilmember Kyle D. Bailey Councilmember Jeffery Davis Councilmember Also present: Rachel Ellison Donna J. Metzler Absent: City Recorder City Manager After the meeting had been duly called to order and after other matters not pertinent to this Ratifying Resolution had been discussed, the City Recorder presented to the Council the attached Certificate of Compliance with Open Meeting Law with respect to this meeting. Councilmember introduced the Ratifying Resolution in writing, which was fully discussed, and moved its adoption. Councilmember seconded the motion to adopt the Ratifying Resolution. The Ratifying Resolution was thereupon put to a vote and unanimously adopted on the following recorded vote: Those voting YES: Those voting NO: Thereupon the motion was approved by the Mayor and made a matter of record by the City Recorder. 4833-0455-7315/M0014-001 3 6-13 CERTIFICATE OF CITY RECORDER I, Rachel Ellison, the duly appointed and qualified City Recorder of the Issuer, certify that the attached Ratifying Resolution is a true, accurate and complete copy thereof as adopted by the City Council of the Issuer at a public meeting duly held on March 10, 2009 (the "Meeting"). The persons present and the result of the vote taken at the Meeting are all as shown above. The Ratifying Resolution, with all exhibits attached, if any, was deposited in my office on March 10, 2009 and is officially of record in my possession. Dated this March 10, 2009. City Recorder (SEAL) 4833-0455-7315/M0014-001 4 6-13 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Rachel Ellison, the City Recorder of the Issuer do hereby certify, according to the records of the Issuer in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated, 1953, as amended, I gave not less than 24 hours public notice of the agenda, date, time and place of the March 10, 2009, public meeting held by the Issuer as follows: (a) By causing a Meeting Notice, in the form attached, to be posted at the principal offices of the Issuer at least 24 hours prior to the convening of the meeting, the Meeting Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of the Meeting Notice to be delivered to a newspaper of general circulation within the Issuer at least 24 hours prior to the convening of the meeting. (c) By causing a copy of the Meeting Notice to be posted on the Utah Public Notice Website at least 24 hours prior to the convening of the meeting. In addition, the attached Notice of 2009 Annual Meeting Schedule for the Council was given specifying the date, time and place of the regular meetings of the Council of the Issuer to be held during the year, by causing said Notice to be posted at the principal office of the City on , 200_, and by causing a copy of said Notice to be provided to at least one newspaper of general circulation within the geographic jurisdiction of the Issuer on , 200_, and by causing a copy of that Notice to be posted on the Utah Public Notice Website on January 30, 2009. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this March 10, 2009. (SEAL) City Recorder (Attach Meeting Notice/Agenda) (Attach Notice of 2009 Annual Meeting Schedule) 4833-0455-7315/M0014-001 5 6-13 RESOLUTION # 07-2009 A RESOLUTION APPROVING THE FORM OF THE EQUIPMENT LEASE AGREEMENT WITH ZIONS FIRST NATIONAL BANK, SALT LAKE CITY, UTAH. FINDING THAT IT IS IN THE BEST INTERESTS OF THE CITY OF MOAB, UTAH TO ENTER INTO SAID AGREEMENT, AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF Whereas, the City Council (the "Governing Body") has determined that a true and very real need exists for the leasing of the equipment described in the Equipment Lease Agreement presented to this meeting; and Whereas, the Governing Body has reviewed the form of the Equipment Lease Agreement and has found the terms and conditions thereof acceptable to the City of Moab, Utah; and Whereas, the Governing Body has taken the necessary steps including any legal bidding requirements, under applicable law to arrange for the leasing of such equipment under the Equipment Lease Agreement. Be it resolved by the Governing Body of the City of Moab, Utah as follows: Section 1. The terms of said Equipment Lease Agreement are in the best interests of the City of Moab, Utah for the leasing of the equipment described therein. Section 2. The Mayor and City Recorder are hereby authorized to execute and deliver the Equipment Lease Agreement and any related documents necessary to the consummation of the transactions contemplated by the Equipment Lease Agreement for and on behalf of the City of Moab, Utah. Section 3. The officers of the Governing Body and the City of Moab, Utah are hereby authorized and directed to fulfill all obligations under the terms of the Equipment Lease Agreement. Passed and adopted by action of the Governing Body of the City of Moab in open session this 1 Oh day of March 2009. City of Moab Mayor David L. Sakrison Attest: Rachel Ellison City Recorder 6-14 Resolution #07-2009 Page 1 of 1 LEASE PURCHASE AGREEMENT This equipment lease (the "Lease") dated as of March 24, 2009, by and between Zions First National Bank, One South Main Street, Salt Lake City, Utah 84111 ("Lessor"), and the City of Moab, Utah ("Lessee") a body corporate and politic existing under the laws of the State of Utah. This Lease includes all Exhibits hereto, which are hereby specifically incorporated herein by reference and made a part hereof. Now therefore, for and in consideration of the mutual promises, covenants and agreements hereinafter set forth, the parties hereto agree as follows: ARTICLE I Lease Of Equipment Section 1.1 Agreement to Lease. Lessor hereby demises, leases, and lets to Lessee and Lessee rents, leases and hires from Lessor, the "Equipment" (as hereinafter defined), to have and to hold for the term of this Lease; provided, however, that the obligation of Lessor to lease any item of the Equipment and to make payment to the Vendor therefor is subject to the condition precedent that Lessee shall provide the following at its cost, in form and substance satisfactory to Lessor: (i) Evidence satisfactory to Lessor as to due compliance with the insurance provisions of Section 10.2 hereof; (ii) Invoice of the Vendor of such item of Equipment; and (iii) Delivery And Acceptance Certificate in the form attached hereto as Exhibit "E" executed by Lessee acknowledging delivery to and acceptance by Lessee of such item of Equipment. Section 1.2 Title. During the term of this Lease, title to the Equipment will be transferred to, and held in the name of, Lessee, subject to retransfer to Lessor as provided in Section 3.4. Upon termination of this Lease as provided in Sections 3.3 (a) or 3.3 (c), title to the Equipment will transfer automatically to Lessor without the need for any further action on the part of Lessor, Lessee, or any other person, provided that if any action is so required, Lessee by this Lease appoints Lessor its irrevocable attorney in fact to take any action to so transfer title to the Equipment to Lessor. Lessor at all times will have access to the Equipment for the purpose of inspection, alteration, and repair. Section 1.3 Security. To secure the payment of all of Lessee's obligations to Lessor under this Lease, Lessee grants to Lessor a security interest in the Equipment and in all additions, attachments, accessions, and substitutions to or for the Equipment. The security interest granted herein includes proceeds. Lessee agrees to execute such additional documents, including financing statements, affidavits, notices, and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or advisable to establish and maintain its security interest in the 1 6-14 Equipment. Lessor understands and agrees that the security interest granted in this Section shall be subject and subordinate to presently existing security interests and/or purchase money security interests in miscellaneous equipment which may be installed in accordance with the provisions of Section 9.3. ARTICLE II Definitions The terms defined in this Article II shall, for purposes of this Lease, have the meaning herein specified unless the context clearly otherwise requires: "Business Day" shall mean any day except Saturday, Sunday and legal holidays on which banks in the State of Utah are closed. "Code" means the Internal Revenue Code of 1986, as amended. "Commencement Date" shall mean the date when the term of this Lease begins and Lessee's obligation to pay rent accrues, as set forth in Section 3.1. "Equipment" shall mean the property which Lessor is leasing to Lessee referred to in Section 1.1 and more fully described in Exhibit "A." "Lessee" shall mean the City of Moab, Utah. "Lessor" shall mean Zions First National Bank, Salt Lake City, Utah, its successors and assigns. "Option Purchase Price" shall mean the amount which Lessee must pay Lessor to purchase the Equipment, as determined by Article V. "Original Term" shall mean the period from the Commencement Date until the end of the fiscal year of Lessee in effect at the Commencement Date, as set forth in Section 3.2. "Principal Outstanding" means the remaining unpaid principal outstanding under this Lease as specified on Exhibit "C" attached hereto. "Renewal Terms" shall mean all of the additional periods of one year (coextensive with Lessee's fiscal year) for which this Lease shall be effective in the absence of a termination of the Lease as provided in Article III. "Rental Payment Date" means the dates upon which Rental Payments are to be made by the Lessee to the Lessor hereunder as specified on Exhibit "C" attached hereto. "Rental Payments" means the rental payments payable by Lessee pursuant to the provisions of this Lease during the Term hereof. 2 6-14 "Term" or "Term of this Lease" shall mean the Original Term and all Renewal Terms provided for in this Lease under Section 3.2. "Vendor" shall mean the manufacturer of the Equipment and the manufacturer's agent or dealer from whom Lessor purchased or is purchasing the Equipment. ARTICLE III Lease Term Section 3.1 Commencement. The Term of this Lease shall commence as of: the date this Lease is executed. days after the receipt, installation, and operation of the Equipment, and its acceptance by Lessee, as indicated by an acceptance certificate signed by Lessee. the date the Vendor receives full payment for the Equipment from Lessor. X March 24, 2009. Such date will be referred to as the Commencement Date. Section 3.2 Duration of Lease: Nonappropriation. This Lease will continue until the end of the fiscal year of Lessee in effect at the Commencement Date (the "Original Term"). Thereafter, this Lease will be automatically extended for five (5) successive additional periods of one year coextensive with Lessee's fiscal year (each, a "Renewal Term"), unless this Lease is terminated as hereinafter provided. The parties understand that as long as Lessee has sufficient appropriated funds to make the Rental Payments hereunder, Lessee will keep this Lease in effect through all Renewal Terms and make all payments required herein or Lessee will exercise its option under Article V to purchase the Equipment. Lessee hereby declares that, as of the date of the execution of this Lease, Lessee currently has an essential need for the Leased Equipment which is the subject of this Lease to carry out and give effect to the public purposes of Lessee. Lessee reasonably believes that it will have a need for the Equipment for the duration of the Original Term and all Renewal Terms. If Lessee does not appropriate funds to continue the leasing of the Equipment for any ensuing Renewal Term, this Lease will terminate upon the expiration of the Original or Renewal Term then in effect and Lessee shall notify Lessor of such termination at least ten (10) days prior to the expiration of the Original or Renewal Term then in effect; provided, however, that a failure to give such written notice shall not constitute an event of default, result in any liability on the part of the Lessee or otherwise affect the termination of this Lease as set forth hereinabove. Section 3.3 Termination. This Lease will terminate upon the earliest of any of the following events: 3 6-14 (a) the expiration of the Original Term or any Renewal Term of this Lease and the failure of Lessee to appropriate funds to continue the leasing of the Equipment for the ensuing Renewal Term; (b) the exercise by Lessee of any option to purchase granted in this Lease by which Lessee purchases all of the Equipment; (c) a default by Lessee and Lessor's election to terminate this Lease under Article VII herein; or (d) the expiration of the Term of this Lease. Section 3.4 Return of Equipment Upon Termination. Upon termination of this Lease pursuant to Sections 3.3 (a) or 3.3 (c), Lessee shall return the Equipment to Lessor in the condition, repair, appearance and working order required in Section 9.2 hereof in the following manner as may be specified by Lessor: (a) By delivering the Equipment to Lessor at Lessee's principal place of business; or (b) By loading the Equipment at Lessee's cost and expense, on board such carrier as Lessor shall specify and shipping the same, freight prepaid, to the destination designated by Lessor. Lessee shall obtain all governmental authorizations to permit return of the Equipment to Lessor and Lessee shall pay to Lessor such sum as may be necessary to cover replacement of all broken or missing parts. ARTICLE IV Rental Payments Section 4.1 Amount. Lessee will pay Lessor as rent for the use of the Equipment during the Original Term and any Renewal Terms on the dates and in the amounts set forth in Exhibit "C" attached hereto. All Rental Payments shall be paid, exclusively from legally available funds, in lawful money of the United States of America to Lessor at or to such other person or entity or at such other place as Lessor may from time to time designate by written notice to Lessee. Section 4.2 Portion of Rental Payments Attributable to Interest. The portion of each Rental Payment which is paid as and is representative of interest is set forth in Exhibit "C" attached hereto. Section 4.3 No Right to Withhold. Notwithstanding any dispute between Lessee, Lessor, Vendor or any other party, Lessee will make all Rental Payments when due, without withholding any portion of such rent, pending final resolution of such dispute by mutual agreement between the parties thereto or by a court of competent jurisdiction. 4 6-14 Section 4.4 Rental Payments to Constitute a Current Obligation of the Lessee. The Lessee and the Lessor acknowledge and agree that the obligation of the Lessee to pay Rental Payments hereunder constitutes a current obligation of the Lessee payable exclusively from current and legally available funds and shall not in any way be construed to be an indebtedness of the Lessee within the meaning of any provision of Sections 10-8-6 or 11-1-1 through 11-1-2, Utah Code Annotated 1953, as amended, or Section 3, 4, or 5 of Article XIV of the Utah Constitution, or any other constitutional or statutory limitation or requirement applicable to the Lessee concerning the creation of indebtedness. The Lessee has not hereby pledged the credit of the Lessee to the payment of the Rental Payments, or the interest thereon, nor shall this Lease obligate the Lessee to apply money of the Lessee to the payment of Rental Payments beyond the then current Original Term or Renewal Term, as the case may be, or any interest thereon. ARTICLE V Purchase Of Equipment Section 5.1 Option Purchase Price. On any Business Day on or after March 24, 2009, Lessee may purchase the Equipment from Lessor at a price equal to the principal amount outstanding on the Rental Payment Date immediately preceding the date of calculation (unless such date is a Rental Payment Date, in which case, the principal amount outstanding as of such date), plus accrued interest from such Rental Payment Date to such date of calculation at the rate of interest per annum in effect for the period during which the calculation is made, as set forth in Exhibit "C. ff Section 5.2 Manner of Exercise of Option. To exercise the option, Lessee must deliver to Lessor written notice specifying the date on which the Equipment is to be purchased (the "Closing Date"), which notice must be delivered to Lessor at least thirty (30) days prior to the Closing Date specified therein. At the closing, Lessor will deliver to Lessee a bill of sale transferring the Equipment to Lessee free and clear of any lien or encumbrance created by or arising through Lessor, but without warranties, and will deliver all warranties and guarantees of Vendors of the Equipment. Section 5.3 Conditions of Exercise of Option. Lessee may purchase the Equipment pursuant to the option granted by this Lease only if Lessee has made all Rent Payments when due (or has remedied any defaults in the payment of rent, in accordance with the provisions of this Lease) and if all other representations, covenants, warranties, and obligations of Lessee under this Lease have been satisfied (or all breaches of the same have been waived by Lessor in writing). Section 5.4 Termination Purchase. Upon the expiration of the Term of the Lease and provided that the conditions of Section 5.3 have been satisfied, Lessee shall be deemed to have purchased the Equipment (without the payment of additional sums) and shall be vested with all rights and title to the Equipment. Lessor agrees that upon the occurrence of the events as provided in this Section, it shall deliver to Lessee the documents specified in Section 5.2, and shall comply with the provisions of Section 5.2 relating to termination upon exercise of the option to purchase. 5 6-14 ARTICLE VI Representations, Covenants, And Warranties Of Lessee And Lessor Section 6.1 Representations, Covenants and Warranties of Lessee. Lessee represents, covenants, and warrants as follows: (a) Lessee is a body corporate and politic, duly organized and existing under the Constitution and laws of the State of Utah. (b) Lessee is authorized by the Constitution and laws of the State of Utah to enter into this Lease and to effect all of Lessee's obligations hereunder. The governing body of Lessee has executed the resolution attached as Exhibit `B" to this Lease which specifically authorizes Lessee to execute and deliver this Lease. (c) All procedures and requirements, including any legal bidding requirements, have been met by Lessee prior to the execution of this Lease in order to insure the enforceability of this Lease and all rent and other payment obligations will be paid out of funds legally available for such purpose. (d) The governing body of Lessee has complied with all applicable open public meeting and notice laws and requirements with respect to the meeting at which Lessee's execution of this Lease was authorized, as evidenced by the certificate of open meeting law attached to the Resolution of Governing Body which is attached hereto as Exhibit `B." (e) The letter attached to this Lease as Exhibit "D" is a true opinion of Lessee's counsel. (f) Lessee will use and service the Equipment in accordance with Vendor's instructions and in such a manner as to preserve all warranties and guarantees with respect to the Equipment. (g) During the term of this Lease, the Equipment will be used by Lessee only for the purpose of performing one or more governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority. (h) The representations, covenants, warranties, and obligations set forth in this Article are in addition to and are not intended to limit any other representations, covenants, warranties, and obligations set forth in this Lease. (i) The Equipment shall be used solely by Lessee and shall not be subject to any direct or indirect private business use. (j) Lessee covenants and certifies to and for the benefit of Lessor throughout the term of this Lease that: 6 6-14 (1) No use will be made of the proceeds of this Lease, or any funds or accounts of Lessee which may be deemed to be proceeds of this Lease, which use, if it had been reasonably expected on the date of execution of this Lease, would have caused this Lease to be classified as an "arbitrage bond" within the meaning of Section 148 of the Code; (2) Lessee will at all times comply with the rebate requirements of Section 148(f), to the extent applicable; (3) in order to preserve the status of this Lease as other than a "private activity bond" as described in Sections 103(b)(1) and 141 of the Code, as long as this Lease is outstanding: (I) none of the proceeds of this Lease or the Equipment financed therewith shall be used for any "private business use" as that term is used in Section 141(b) of the Code and defined in Section 141(b)(6) of the Code; and (II) no part of this Lease shall be secured in whole or in part, directly or indirectly, by any interest in any equipment used in any such "private business use" or by payments in respect of such equipment, and shall not be derived from payments in respect of such equipment; (4) it will not take any action or omit to take any action such that would cause interest on this Lease to become ineligible for the exclusion from gross income of Lessor as provided in Section 103 of the Code. (k) The obligations of Lessee under this lease are not federally guaranteed within the meaning of Section 149(b) of the Code. (1) This Lease is being executed for the purpose of acquiring the Equipment and is not being issued to refund or refinance any outstanding obligation of Lessee, nor to reimburse Lessee for any expenditures made prior to the date hereof. (m) In compliance with Section 149 (e) of the Code relating to information reporting, Lessee has caused or will cause to be filed with the Internal Revenue Service, IRS form 8038—G or 8038—GC, as appropriate. (n) Lessee has selected the Equipment and desires to lease the Equipment for use in the performance of its governmental or proprietary functions. Lessor, at Lessee's request, has ordered or shall order the Equipment and shall lease the same to Lessee as herein provided, Lessor's only role being the facilitation of the financing of the Equipment for the Lessee. Lessor will not be liable for specific performance or for damages if the supplier or manufacturer of the Equipment for any reason fails to fill, or delays in filling, the order for the Equipment. Lessee acknowledges that Lessor is not a manufacturer of or a dealer in the Equipment (or similar equipment) and does not inspect the Equipment prior to delivery to Lessee. Lessee agrees to accept the Equipment and authorizes Lessor to add the serial number of the Equipment to Exhibit "A." Lessor shall have no obligation to install, erect, test, inspect, or service the Equipment. For purpose of this Lease and of any purchase of the Equipment effected under this Lease, Lessor expressly disclaims any warranty with respect to the condition, quality, durability, suitability, merchantability or fitness for a 7 6-14 particular purpose of the Equipment in any respect, and any other representation, warranty, or covenant, express or implied. Lessor will not be liable to Lessee for any liability, loss, or damage caused or alleged to be caused, directly or indirectly, by any inadequacy, deficiency, or defect in the equipment, or by any use of the equipment, whatsoever. Lessor assigns to Lessee, without recourse, for the Term of this Lease all manufacturer warranties and guarantees, express or implied, pertinent to the Equipment, and Lessor directs Lessee to obtain the customary services furnished in connection with such guarantees and warranties at Lessee's expense, subject to Lessee's obligation to reassign to Lessor all such warranties and guarantees upon Lessor's repossession of the Equipment. (o) During the term of this Lease, Lessee covenants and agrees (1) to include in its annual tentative budget prepared by the appropriate officials acting on behalf of Lessee in accordance with applicable law an item for expenditure of an amount necessary to pay the Rental Payments for the Equipment during the next succeeding Renewal Term, and (2) to take such further action (or cause the same to be taken) as may be necessary or desirable to assure that the final budget submitted to the governing body of Lessee for its consideration seeks an appropriation of moneys sufficient to pay such Rental Payments. (p) (q) There are no legal or governmental proceedings or litigation pending or, to the best knowledge of Lessee, threatened or contemplated (or any basis therefore) wherein an unfavorable decision, ruling or finding might adversely affect the transactions contemplated in or the validity of this Lease Lessee has never non -appropriated or defaulted under any of its payment or performance covenants, either under any municipal lease of the same general nature as this Lease or under any of its bonds, notes or other debt obligations for which its general credit or revenues are pledged. Section 6.2 Representations, Covenants and Warranties of Lessor. Lessor represents, covenants, and warrants as follows: (a) During the term of this Lease, Lessor will provide Lessee with quiet use and enjoyment of the Equipment, without suit, trouble, or hindrance from Lessor, except upon default by Lessee as set forth in this Lease. (b) Lessor has not caused to be created any lien or encumbrance on the Equipment except the security interest provided in Section 1.3 of this Lease. 8 6-14 ARTICLE VII Events Of Default And Remedies Section 7.1 Events of Default Defined. The following shall be "events of default" under this Lease and the terms, "event of default" and "default" shall mean, whenever they are used in this Lease, any one or more of the following events: (a) Failure by Lessee to pay any Rental Payment or other payment required to be paid hereunder at the time specified herein; and (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in Section 7.1 (a), for a period of 30 days after written notice, specifying such failure and requesting that it be remedied as given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected. The foregoing provisions of this Section 7.1 are subject to (i) the provisions of Section 3.2 hereof with respect to nonappropriation; and (ii) if by reason of force majeure Lessee is unable in whole or in part to carry out its agreement on its part herein contained, other than the obligations on the part of Lessee contained in Article IV hereof, Lessee shall not be deemed in default during the continuance of such inability. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or of the state wherein Lessee is located or any of their departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms, droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Lessee. Section 7.2 Remedies on Default. Whenever any event of default referred to in Section 7.1 hereof shall have happened and be continuing, Lessor shall have the right, at its sole option without any further demand or notice to take one or any combination of the following remedial steps: (a) With or without terminating this Lease, retake possession of the Equipment and sell, lease or sublease the Equipment for the account of Lessee, holding Lessee liable for the difference between (i) the rents and other amounts payable by Lessee hereunder to the end of the then current Original Term or Renewal Term, as appropriate, and (ii) the purchase price, rent or other amounts paid by a purchaser, lessee or sublessee of the Equipment pursuant to such sale, lease or sublease; and 9 6-14 (b) Take whatever action at law or in equity may appear necessary or desirable to enforce its rights as the owner of the Equipment. Section 7.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article VII it shall not be necessary to give any notice, other than such notice as may be required in this Article VII. Section 7.4 Waiver of Certain Damages. With respect to all of the remedies of Section 7.2 above, Lessee expressly waives any damages occasioned by Lessor's repossession of the Equipment. ARTICLE VIII Payment Of Taxes, Fees, Permits, And Utility Services Section 8.1 Interpretation. This Lease for all purposes will be treated as a net lease. Section 8.2 Taxes and Fees. Lessee agrees to pay and to indemnify and hold Lessor harmless from, all license, sales, use, personal property, and other taxes and fees, together with any penalties, fines, and interest on such taxes and fees imposed or levied with respect to the Equipment and the ownership, delivery, lease, possession, use, operation, sale, and other disposition of the Equipment, and upon the rental or earnings arising from any such disposition, except any federal or state income taxes payable by Lessor on such rental or earnings. Lessee may in good faith and by appropriate proceedings contest any such taxes and fees so long as such proceedings do not involve any danger of sale, forfeiture, or loss of the Equipment or of any interest in the Equipment. Section 8.3 Permits. Lessee will provide all permits and licenses necessary for the installation, operation, and use of the Equipment. Lessee will comply with all laws, rules, regulations, and ordinances applicable to the installation, use, possession, and operation of the Equipment. If compliance with any law, rule, regulation, ordinance, permit, or license requires changes or additions to be made to the Equipment, such changes or additions will be made by Lessee at its own expense. Section 8.4 Utilities. Lessee will pay all charges for gas, water, steam, electricity, light, heat or power, telephone, or other utilities furnished to or used in connection with the Equipment (including charges for installation of such services) during the term of this Lease. There will be no abatement of rent on account of the interruption of any such services. 10 6-14 ARTICLE IX Use, Repairs, Alterations, And Liens Section 9.1 Use. Lessee will not install, use, operate, or maintain the Equipment improperly, carelessly, in violation of any applicable law, or in a manner contrary to that contemplated by this Lease. Lessee agrees that the Equipment is and at all times will remain personal property not withstanding that the Equipment or any part of the Equipment may now or hereafter become affixed in any manner to real property or to any building or permanent structure. Section 9.2 Repairs. Lessee at its own cost will service, repair, and maintain the Equipment so as to keep the Equipment in as good condition, repair, appearance, and working order as when delivered to and accepted by Lessee under this Lease, ordinary wear and tear excepted. At its own cost, Lessee will replace any and all parts and devices which may from time to time become worn out, lost, stolen, destroyed damaged beyond repair, or rendered unfit for use for any reason whatsoever. All such replacement parts, mechanisms, and devices will be free and clear of all liens, encumbrances, and rights of others, and immediately will become a part of the Equipment and will be covered by this Lease (for all purposes including the obligation of Lessee to retransfer title to Lessor under Section 1.2 herein) to the same extent as the Equipment originally covered by this Lease. Section 9.3 Alterations. Lessee may install such miscellaneous equipment as may be necessary for use of the Equipment for its intended purposes so long as either (a) the installation of such equipment does not alter the function or manner of operation of the Equipment, or (b) Lessee, upon termination of this Lease (other than termination pursuant to Section 3.3(b) or (d), restores the Equipment to its function and manner of operation prior to the installation of such equipment. Subject to the obligations described above, Lessee may remove such equipment upon termination of this Lease, if the removal of such equipment will not substantially damage the Equipment. Without the prior written consent of Lessor, Lessee will not make any other alterations, changes, modifications, additions, or improvements to the Equipment except those needed to comply with Lessee's obligations to change, add to, or repair the Equipment as set forth in Sections 9.2 and 10.3 herein. Any alterations, changes, modifications, additions, and improvements made to the Equipment, other than miscellaneous equipment installed as set forth above, immediately will become a part of the Equipment and will be covered by this Lease (for all purposes, including the obligation of Lessee to retransfer title to Lessor under Section 1.2 herein) to the same extent as the Equipment originally covered by this Lease. Section 9.4 Liens. Except with respect to the security interest provided in Section 1.3 hereof, Lessee will not directly or indirectly create, incur, assume, or suffer to exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to the Equipment or any interest in the Equipment. Lessee promptly and at its own expense will take such action as may be necessary to duly discharge any mortgage, pledge, lien, charge, encumbrance, or claim, not excepted above, if the same arises at any time. 11 6-14 ARTICLE X Indemnification, Insurance, And Damage To Or Destruction Of The Equipment Section 10.1 Indemnification. Lessee assumes liability for and agrees to indemnify Lessor from and against any and all liability (including attorney's fees) of any nature imposed upon, incurred by, or asserted against Lessor which in any way relates to or arises out of ownership, delivery, lease, possession, use, operation, condition, sale, or other disposition of the Equipment. Notwithstanding anything contained in this Section to the contrary, Lessor shall not be indemnified for, or relieved of, any liability which may be incurred from Lessor's breach of this Lease. Section 10.2 Insurance. Lessee at Lessor's option will either self insure, or at its cost, will cause casualty insurance, public liability insurance, and property damage insurance to be carried and maintained on the Equipment, with all such coverages to be in such amounts sufficient to cover the value of the Equipment at the commencement of this Lease (as determined by the purchase price paid by Lessor for the Equipment), and to be in such forms, to cover such risks, and with such insurers, as are acceptable to Lessor. A combination of self—insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Lessor to be the named insured on such policies as its interest under this Lease may appear. Insurance proceeds from insurance policies or budgeted amounts from self—insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Lessor to the extent of the sum of the Option Purchase Price of the Equipment at the time of its damage or destruction and all amounts due and owing hereunder. Lessee will deliver to Lessor the policies or evidences of insurance satisfactory to Lessor, if any, together with receipts for the initial premiums before the Equipment is delivered to Lessee. Renewal policies, if any, together with receipts showing payment of the applicable premiums will be delivered to Lessor at least thirty (30) days before termination of the policies being renewed. By endorsement upon the policy or by independent instrument furnished to Lessor, such insurer will agree that it will give Lessor at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workmen's compensation insurance covering all employees working on, in, or about the Equipment, and will require any other person or entity working on, in, or about the Equipment to carry such coverage, and will furnish to Lessor certificates evidencing such coverages throughout the Term of this Lease. Section 10.3 Damage to or Destruction of the Equipment. If all or any part of the Equipment is lost, stolen, destroyed, or damaged, Lessee will give Lessor prompt notice of such event and will, to the extent permitted by law, repair or replace the same at Lessee's cost within thirty (30) days after such event, and any replaced Equipment will be substituted in this Lease by appropriate endorsement. All insurance proceeds received by Lessor under the policies required under Section 10.2 with respect to the Equipment lost, stolen, destroyed, or damaged, will be paid to Lessee if the Equipment is repaired or replaced by Lessee as required by this Section. If Lessee fails or refuses to make the required repairs or replacement, such proceeds will be paid to Lessor to the extent of the then remaining portion of the Rental Payments to become due during the Term of this Lease less that portion of such Rental Payments attributable to interest which will not then have accrued. No loss, theft, destruction, or damage to the Equipment will impose any obligation on Lessor under this Lease, and this Lease will continue in full force and effect 12 6-14 regardless of such loss, theft, destruction, or damage. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss, theft, destruction, or damage to the Equipment and for injuries or deaths of persons and damage to property however arising, whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such damage to property be to Lessee's property or to the property of others. ARTICLE XI Miscellaneous Section 11.1 Assignment and Sublease by Lessee. Lessee may not assign, transfer, pledge, or encumber this Lease or any portion of the Equipment (or any interest in this Lease or the Equipment), or sublet the Equipment, without the prior written consent of Lessor. Consent to any of the foregoing acts shall not constitute a consent to any subsequent like act by Lessee or any other person. Lessee agrees that Lessor may impose on the Equipment such plates or other means of identification as necessary to indicate that the Equipment is subject to this Lease and the restrictions set forth in this Section. Section 11.2 Assignment by Lessor. The parties hereto agree that all rights of Lessor hereunder may be assigned, transferred or otherwise disposed of, either in whole or in part; provided that (1) notice of any such assignment, transfer or other disposition is given to Lessee at least five (5) days prior thereto; (2) prior to any such assignment, transfer or other disposition, the name and address of the assignee or transferee must be registered on registration books maintained by Lessee for this Lease; and (3) prior to any such assignment, transfer or other disposition, this Lease must be surrendered to Lessee and the interest of any such assignee or transferee indicated on the face hereof and after such notation hereon, Lessee will redeliver this Lease to the new owner or owners hereof. Lessee shall maintain registration books for this Lease and shall be obligated to make the payments required hereby, including principal and interest payments, solely to the registered owner or owners hereof. Section 11.3 Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or fails to satisfy any representation, covenant, warranty, or obligation contained herein or imposed hereby, Lessor may (but need not) make such payment or satisfy such representation, covenant, warranty, or obligation, and the amount of such payment and any expenses incurred by Lessor, as the case may be, together with interest thereon as herein provided, will be deemed to be additional rent payable by Lessee on Lessor's demand. Section 11.4 Addresses. All notices to be given under this Lease will be made in writing and mailed or delivered by registered or certified mail, return receipt requested to the following addresses until either Lessee or Lessor gives written notice to the other specifying a different address: (a) if to Lessee, at the City of Moab, Utah, City Center, 217 E Center, Moab, UT 84532. Attention: Rachel Ellison. 13 6-14 (b) if to Lessor, at Zions First National Bank, One South Main Street, Salt Lake City, Utah, 84111. Attention: Public Financial Services. Section 11.5 Manner of Payment. All payments by Lessee will be made in cash, by certified or cashier's check, or by other manner acceptable to Lessor. Section 11.6 Nonwaiver. No breach by Lessee in the satisfaction of any representation, covenant, warranty, or obligation contained herein or imposed hereby may be waived except by the written consent of Lessor, and any such waiver will not operate as a waiver of any subsequent breach. Forbearance or indulgence by Lessor in any regard whatsoever shall not constitute a waiver of the covenant or obligation and until complete performance by Lessee of said covenant or obligation Lessor shall be entitled to invoke any remedy available to it under this Lease despite said forbearance or indulgence. No collection of rent shall operate as a waiver of any default. Section 11.7 Severance Clause. Any provision in this Lease which is prohibited by Law will be treated as if it never were a part of this Lease, and the validity of the remaining terms of this Lease will be unaffected. Section 11.8 Entire Agreement; Addendum. This Lease and the attached Exhibits constitute the entire agreement between Lessor and Lessee and supersedes any prior agreement between Lessor and Lessee with respect to the Equipment, except as is set forth in an Addendum, if any, which is made a part of this Lease and which is signed by Lessor and Lessee. Section 11.9 Amendments. This Lease may be amended only by a written document signed by Lessor and Lessee, or their respective successors and assigns. Section 11.10 Inurement. Subject to the restrictions in Section 11.1 above, this Lease is binding upon and inures to the benefit of Lessor and Lessee and their respective successors and assigns. Section 11.11 Governing Law. This Lease is governed by the laws of the State of Utah. Section 11.12 Headings. Headings used in this Lease are for convenience of reference only and the interpretation of this Lease will be governed by the text only. Section 11.13 Offset. Rental Payments or other sums payable by Lessee pursuant to this Lease shall not be subject to set—off, deduction, counterclaim or abatement and Lessee shall not be entitled to any credit against such Rental Payments or other sums for any reason whatsoever, including, but not limited to any damage or destruction of the Equipment or any restriction or interference with Lessee's use of the Equipment. Section 11.14 Interest. If Lessee fails to pay any Rental Payment or other amount due hereunder within ten (10) days after the due date thereof, Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the rate of one percent (1 %) per month. Section 11.15 Nature of this Agreement. Lessor and Lessee agree that it is their intention that, for federal income tax purposes, the interest of Lessor in the Equipment is as a secured 14 6-14 party and the interest of Lessee is as a debtor with the aggregate principal amount of the Rental Payments constituting the purchase price of the Equipment, and that Lessor neither has nor will have any equity in the Equipment. Section 11.16 Set —Up Fee. As additional consideration for the rights herein granted to Lessee, Lessee agrees to pay Lessor a commencement or set—up fee of One thousand five hundred and no/100 Dollars ($1,500.00) on the date this Lease is executed. Section 11.17 Designation of Issue for Tax Purposes. In accordance with Section 265 of the Code, Lessee hereby designates this Lease as an issue qualifying for the exception for certain qualified tax—exempt obligations to the rule denying banks and other financial institutions 100% of the deduction for interest expenses which is allocable to tax—exempt interest. Lessee reasonably anticipates that the total amount of tax—exempt obligations [other than (i) private activity bonds, as defined in Section 141 of the Code (a qualified 501 (c)(3) bond, as defined in Section 145 of the Code, and any bond issued to refund certain obligations issued before August 8, 1986 as described in Section 265 (b)(3)(B)(ii)(II) of the Code not being treated as a private activity bond for this purpose), (ii) any obligation to which Section 141 (a) of the Code does not apply by reason of Sections 1312, 1313, 1316 (g) or 1317 of the Tax Reform Act of 1986 and which is described in Section 265 (b)(3)(C)(ii)(II) of the Code, and (iii) any obligation issued to refund (other than to advance refund within the meaning of Section 149 (d)(5) of the Code) any obligation to the extent the amount of the refunding obligation does not exceed the outstanding amount of the refunded obligation] which will be issued by the Lessee and by any aggregated issuer during the current calendar year will not exceed $10,000,000. Section 11.18 Exhibits. This Lease shall not be effective as against Lessor until such time as all Exhibits attached hereto, consisting of Exhibits "A" through "E," inclusive, are completed to the satisfaction of Lessor and delivered to Lessor. 15 6-14 EXHIBITS Exhibit A Description Of Equipment Exhibit B Resolution Of Governing Body Exhibit C Payment Schedule Exhibit D Opinion Of Lessee's Counsel Exhibit E Delivery and Acceptance Certificate Executed this day of , 20 Lessor: Zions First National Bank [SEAL] T Attest: By Title [SEAL]T Attest: By Rachel Ellison, City Recorder By Alex Buxton, Vice President Lessee: City of Moab, Utah By Dave Sakrison, Mayor 16 6-14 EXHIBIT A Description Of Equipment Quantity Description/Serial Numbers 6 (1) 2009 Ford Super Duty #1FDWF36559EA12251 (1) 2008 Dodge Durango #1D8HB48268F157827 (1) 2009 Toyota Prius #JTDKB20U797835745 (1) 2008 Dodge Charger #2B3KA43H68H138746 (1) Xerox Printer #WC7345P (1) 2008 770 D Motor Grader #DW770DX622163 17 Initials of Lessee Signatory 6-14 EXHIBIT B Resolution Of Governing Body Extract Of Minutes March 10, 2009 Moab, Utah The City Council (the "Governing Body") of the City of Moab, Utah met in regular session at its regular meeting place in Moab, Utah on March 10, 2009, with the following members of the Governing Body present: Dave Sakrison Mayor Gregg W. Stucki Councilmember Rob Sweeten Councilmember Jeffrey Davis Councilmember Sarah Bauman Councilmember Councilmember Also present: Rachel Ellison City Recorder Absent: After the meeting had been duly called to order and the minutes of the preceding meeting read and approved, the following resolution was introduced in written form, read in full, and pursuant to motion duly made by Councilmember and seconded by Councilmember was adopted by the following vote: YEA: NAY: 18 6-14 The resolution was then signed by the in open meeting and recorded by the . The resolution is as follows: A resolution approving the form of the Equipment Lease Agreement with Zions First National Bank, Salt Lake City, Utah. Finding that it is in the best interests of the City of Moab, Utah to enter into said Agreement, and authorizing the execution and delivery thereof. Whereas, the City Council (the "Governing Body") has determined that a true and very real need exists for the leasing of the equipment described in the Equipment Lease Agreement presented to this meeting; and Whereas, the Governing Body has reviewed the form of the Equipment Lease Agreement and has found the terms and conditions thereof acceptable to the City of Moab, Utah; and Whereas, the Governing Body has taken the necessary steps including any legal bidding requirements, under applicable law to arrange for the leasing of such equipment under the Equipment Lease Agreement. Be it resolved by the Governing Body of the City of Moab, Utah as follows: Section 1. The terms of said Equipment Lease Agreement are in the best interests of the City of Moab, Utah for the leasing of the equipment described therein. Section 2. The Mayor and City Recorder are hereby authorized to execute and deliver the Equipment Lease Agreement and any related documents necessary to the consummation of the transactions contemplated by the Equipment Lease Agreement for and on behalf of the City of Moab, Utah. Section 3. The officers of the Governing Body and the City of Moab, Utah are hereby authorized and directed to fulfill all obligations under the terms of the Equipment Lease Agreement. Adopted and approved this day of , 20 Attest: By Rachel Ellison, City Recorder By Dave Sakrison, Mayor 19 [SEAL]T 6-14 STATE OF UTAH COUNTY OF GRAND ) :SS. ) I, Rachel Ellison hereby certify that I am the duly qualified and acting City Recorder of the City of Moab, Utah. I further certify that the above and foregoing instrument constitutes a true and correct copy of the minutes of a regular meeting of the City Council including a Resolution adopted at said meeting held on March 10, 2009, as said minutes and Resolution are officially of record in my possession, and that a copy of said Resolution was deposited in my office on , 20 . In witness whereof, I have hereunto set my hand and affixed the corporate seal of the City of Moab, Utah this day of , 20 . [SEAL]T By Rachel Ellison, City Recorder 20 6-14 STATE OF UTAH COUNTY OF GRAND ) :SS. ) I, Rachel Ellison, the duly qualified City Recorder of the City of Moab, Utah do hereby certify: (a) that in accordance with the requirements of Section 52-4-6 (1), Utah Code Annotated (1953), as amended, public notice of the 20 Annual Meeting Schedule of the City Council (the "Governing Body") of the City of Moab, Utah was given, specifying the date, time and place of the regular meetings of the Governing Body scheduled to be held during the year, by causing a Notice of Annual Meeting Schedule for the Governing Body to be posted on 20 , at the principal office of the Governing Body at the City of Moab, Utah; said Notice of Annual Meeting Schedule having continuously remained so posted and available for public inspection during regular office hours of the undersigned until the date hereof; and causing a copy of the Notice of Annual Meeting Schedule to be provided on , 20 to at least one newspaper of general circulation within the geographic jurisdiction of the City of Moab, Utah, or to a local media correspondent; (b) that in accordance with the requirements of Section 52-4-6 (2), Utah Code Annotated (1953), as amended, public notice of the regular meeting of the Governing Body on March 10, 2009, was given by specifying in a Notice of Regular Meeting the agenda, date, time and place of the meeting and by causing the Notice of Regular meeting to be posted at the principal office of the Governing Body on the day of , 20 a date not less than 24 hours prior to the date and time of the Governing Body's regular meeting, and to be provided on the day of , 20 , to at least one newspaper of general circulation within the geographic jurisdiction of the City of Moab, Utah, or to a local media correspondent. In witness whereof, I have hereunto set my hand and affixed the official seal of the City of Moab, Utah this day of , 20 . [SEAL]T By Rachel Ellison, City Recorder 21 6-14 EXHIBIT C Payment Schedule Lessee: City of Moab, Utah Date of Lease: March 24, 2009 Amount Due: $270,500.00 1. Interest has been computed at the rate of 4.25% per annum. Interest shall accrue from the Commencement Date. 2. Rental payments shall be due annually commencing March 24, 2010. The payments set forth on the attached debt service schedule shall be due on the 24th day of March up to and including March 24, 2014. 3. The Option Purchase Price, on any given date of calculation, is equal to the Principal Outstanding on the Rental Payment Date immediately preceding the date of calculation (unless such calculation date is a Rental Payment Date, in which case, the Principal Outstanding as of such date) plus accrued interest from such Rental Payment Date at the rate set forth in paragraph number 1 above. [Please see the attached Debt Service Schedule] The remainder of this page has been intentionally left blank 22 6-14 Moab City, Utah $270,500 Equipment Lease Purchase Dated March 24, 2009 Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 03/24/2009 - 03/24/2010 49,692.75 4.250% 03/24/2011 51,804.69 4.250% 03/24/2012 54,006.39 4.250% 03/24/2013 56,301.67 4.250% - - 11,496.25 9,384.31 7,182.61 4,887.34 - 61,189.00 61,189.00 61,189.00 61,189.01 - 61,189.00 61,189.00 61,189.00 61,189.01 03/24/2014 58,694.49 4.250% 2,494.52 61,189.01 61,189.01 Total $270,500.00 - $35,445.03 $305,945.03 - Yield Statistics Bond Year Dollars $834.00 Average Life 3.083 Years Average Coupon 4.2500014% Net Interest Cost (NIC) 4.2500014% True Interest Cost (TIC) 4.2500007% Bond Yield for Arbitrage Purposes 4.2500014% All Inclusive Cost (AIC) 4.4490659% IRS Form 8038 Net Interest Cost 4.2500014% Weighted Average Maturity 3.083 Years File 1 MOAB LEASE.SF I Lease 3/24/09 I SINGLE PURPOSE 13/ 4/2009 11225 PM ZIONS BANK' L © PUBLIC FINANCE P F Page 1 23 Initials of Lessee Signatory 6-14 EXHIBIT D Opinion Of Lessee's Counsel (Use Attorney's Letterhead) To: Zions First National Bank One South Main Street Salt Lake City, Utah 84111 Gentlemen: As counsel for the City of Moab, Utah ("Lessee"), I have examined duly executed originals of Equipment Lease Agreement (the "Lease") dated March 24, 2009, between the Lessee and Zions First National Bank, Salt Lake City, Utah ("Lessor"), and the proceedings taken by Lessee to authorize and execute the Lease. Based upon such examination as I have deemed necessary or appropriate, I am of the opinion that: 1. Lessee is a body corporate and politic, legally existing under the laws of the State of Utah. 2. The Lease has been duly authorized, executed, and delivered by Lessee. 3. The governing body of Lessee has complied with all applicable open public meeting and notice laws and requirements with respect to the meeting at which Lessee's execution of the Lease was authorized. 4. The Lease is a legal, valid, and binding obligation of Lessee, enforceable in accordance with its terms except as limited by the state and federal laws affecting remedies and by bankruptcy, reorganization, or other laws of general application affecting the enforcement of creditors' rights generally. 5. The Lease is in accordance with and does not violate the usury statutes of the State of Utah, if any. 6. There are no legal or governmental proceedings or litigation pending or, to the best of my knowledge, threatened or contemplated (or any basis therefor) wherein an unfavorable decision, ruling or finding might adversely affect the transactions contemplated in or the validity of the Lease. 7. The Equipment (as defined in the Lease) constitutes personal property and when subjected to use by Lessee will not become fixtures under applicable law. Attorney for Lessee 24 6-14 EXHIBIT E Delivery And Acceptance Certificate To: Zions First National Bank Reference is made to the Equipment Lease Agreement between the undersigned ("Lessee"), and Zions First National Bank ("Lessor"), dated March 24, 2009, ("the Lease") and to the Equipment as such term is defined therein. In connection therewith we are pleased to confirm to you the following: 1. All of the Equipment has been delivered to and received by the undersigned; all installation or other work necessary prior to the use thereof has been completed; said Equipment has been examined and/or tested and is in good operating order and condition and is in all respects satisfactory to the undersigned and as represented, and that said Equipment has been accepted by the undersigned and complies with all terms of the Lease. Consequently, you are hereby authorized to pay for the Equipment in accordance with the terms of any purchase orders for the same. 2. In the future, in the event the Equipment fails to perform as expected or represented we will continue to honor the Lease in all respects and continue to make our rental and other payments thereunder in the normal course of business and we will look solely to the vendor, distributor or manufacturer for recourse. 3. We acknowledge that Lessor is neither the vendor nor manufacturer or distributor of the Equipment and has no control, knowledge or familiarity with the condition, capacity, functioning or other characteristics of the Equipment. 4. The serial number for each item of Equipment which is set forth on Exhibit "A" to the Lease is correct. This certificate shall not be considered to alter, construe, or amend the terms of the Lease. Lessee: City of Moab, Utah By: Witness (Authorized Signature) Date: 25 (Print name and title) 6-14