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CITY OF MOAB Moab City Council January 8, 2019 Pre -Council Workshop 6: oo P.M. REGULAR COUNCIL MEETING 7: oo P.M. Moab City Council Chambers City Center (aid East Center Street) Moab City Council Pre- Council Workshop 6:00 p.m. Regular Council Meeting 7:00 p.m. City Council Chambers 217 East Center Street Moab, Utah 84532 1• Pre -Council Workshop 1.1. Discussion on Review of Various Standards in Moab Municipal Code Chapter 17.o9 - Supplementary Requirements and Procedures Applicable within Zones ?• Call to Order and Pledge of Allegiance 3• Approval of Minutes 3.1. October 3o, 2018 - Special Meeting Minutes Documents: 2018-10-30 mcc minutes draft.pdf 3.2. December 11, 2018 - Regular Meeting Minutes Documents: 2018-12-11 mcc minutes draft.pdf 3.3. December 12, 2018 - Special Meeting Minutes Documents: 2018-12-12 mcc minutes draft.pdf 4• Mayor and Council Reports 5• Administrative Reports 6• Citizens to Be Heard ?• Public Hearing (Approximately 7:15 p.m.) 7.1. Solicitation of Public Input on Potential Projects for which funding may be applied under the CDBG Small Cities Program for Year 2019 Documents: agenda summary cdbd draft.pdf ist public hearing script.pdf city of moab mail - public notice for moab city council. pdf $• Special Events 8.1. Approval of a Request for Amplified Music at Old City Park on May 4, 2019 by Gran Fondo Moab Documents: amp music ocp 05042019.pdf 9. Old Business 9.1. Council Discussion Regarding Residential Occupancy Limits 10. New Business 10.1. Briefing and Possible Action on Proposed Resolution #o6-2019 - A Resolution Confirming the Appointment of Rachel Stenta, as the City Finance Director; and Authorizing the Mayor to Execute an Employment Agreement Documents: agenda summary sheet.pdf 06-2019. pdf 10.2. Update on City Communications and Engagement - Lisa Church, Communication and Engagement Director 10.3. Update on Art in Public Places - Meg Stewart, Arts and Special Events Manager 10.4. Purchasing Exception for State Approved Contracts - Motorola Solutions Co. for Communications Equipment for a five year lease not to exceed a total amount of $$172,o9o.14 Documents: agenda summary sheet (1). pdf essential service.pdf moab leasing agreement. pdf 10.5. Briefing and Possible Action on Proposed Resolution #o4-2o19 - A Resolution Conditionally Approving the Sunset Twin Homes Subdivision, a Minor Subdivision of Lot 3 of the Sunrise Hills Subdivision Located in the R-2, Residential Zoning District as Referred To City Council by the Planning Commission Documents: p1-19-02 cc sunset tw minor.pdf 04-2019 sunset twin hme sub.pdf sunset twinhome subdivision.pdf 11. Approval of Bills Against the City of Moab 12. Adjournment (435) 259-5121 or fax (435) 259-4135 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 MINUTES --DRAFT SPECIAL JOINT CITY COUNCIL AND COUNTY COUNCIL MEETING AND TOWN HALL MEETING OCTOBER 3o, 2o18 Call to Order and Attendance: The Moab City Council and Grand County Council held a special joint Meeting on the above date in the City Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. In attendance were Mayor Emily Niehaus, Councilmembers Kalen Jones, Rani Derasary, Mike Duncan and Karen Guzman -Newton. Councilmember Tawny Knuteson-Boyd arrived at 5:39 PM. Also in attendance were City Manager David Everitt, Recorder/Assistant City Manager Rachel Stenta, Assistant City Manager Joel Linares, Senior Project Manager Tracy Dutson, Communication Director Lisa Church, Treasurer Chantel Lindsay, Public Works Director Pat Dean, Assistant City Engineer Eric Johanson and Records Specialist Eve Tallman. Representing Grand County were Council Chair Mary McGann, Jaylyn Hawks, Curtis Wells, Evan Clapper, Greg Halliday, Terry Morse and Rory Paxman. Also in attendance from Grand County were Council Administrator Ruth Dillon and County Clerk Diana Carroll. Meeting called to order: Mayor Niehaus called the meeting to order at 5:04 PM. During this meeting and the following Town Hall assembly, 69 members of the public and media were in attendance. The meeting began with a discussion regarding quality growth. Consultants for the Utah Department of Transportation (UDOT), Lynn Jacobs and Jon Nepstad of Fehr and Peers Transportation Consultants, presented their Draft Main Street (US Highway 191) bypass study. They emphasized the heavy truck impacts on Moab's downtown and noted a bypass could relieve congestion. Jacobs stated 35 percent of traffic on Highway 191 is semi -trucks and only 20 percent of those trucks stop in Moab. The consultants pointed out the noise impacts of the trucks which need to be mitigated to address quality -of -life issues. They briefly presented route options and proposed costs for a tunnel or sound walls. City Manager Everitt continued the meeting on the topic of quality growth by pointing out the number of permanent residents in Moab has stayed about the same for several years and greatly increased tourist visitation impacts residents. He suggested that it is the rate of change and the kind of change that most affects the community, and he asked the councils what they considered to be the role of local government with regard to change and posited it could be encouraging, agnostic, moderating or stopping change. Everitt brought up workforce housing, limits on hotel size, the northern San Juan County master plan, water, a regional transportation plan including a possible bypass, the coordination of land use and building code, and community visioning. Councilmember McGann noted that after the November election, a coordination meeting with San Juan County should be planned. Councilmember Guzman -Newton noted that carrying capacity is a concern, and that local residents are losing purchasing power, especially with regard to housing. She mentioned capping visitation to the Power Dam area, yet was cautious due to local resistance to limiting visits to Arches National Park. She supported responsible and sustainable tourism. Councilmember Morse concurred that the finite resources should be defined including water and infrastructure as it relates to carrying capacity. Councilmember Jones noted there is a well -documented housing shortage. He stated that resiliency is a goal and that economic diversification gets harder with time. He suggested limiting the lodging industry and gave examples of communities that have limited lodging to certain districts. Councilmember Paxman said that tourism is the area's number one income and it is important how visitors are Page 1 of 5 October 30, 2018 treated so they aren't turned off. He expressed his opinion that a corridor should have been established years ago. Councilmember Wells suggested adoption of a local transportation plan to show prioritization to the state transportation commission. In a show of hands, there was not a majority affirming the notion of a bypass. Councilmember Jones stated there is work to be done. Councilmember Clapper brought up that the local tax rate is one of the lowest in the state, and residents could pitch in to protect quality of life. The Councils then stated their legislative priorities for the upcoming session. The priorities mentioned included off -highway vehicle rules, local control of land use, water, short-term rentals, Transient Room Tax, hate crimes legislation, sale of stronger alcohol in retail stores, Medicaid expansion, workforce housing affordability, local control of schools, local control for smaller municipalities, funding Utah State University Extension for the new campus, travel council membership criteria, City funding of emergency medical services and fire departments, fire policy including taxation across the County and limiting development in expectation of a bypass. Next, Airport Manager Judd Hill gave an update on the growth of Canyonlands Field and described upcoming projects. Councilmember McGann congratulated Hill on his hard work to get the improved airport reopened on -time in May. Town Hall: 0:44 on recording) The following Citizens expressed questions and concerns to the joint Councils: Joe Kingsley spoke about the prospect of passenger rail service and progress with UDOT. He thanked the County and City for their support and noted a five -person committee had been appointed to study the potential train service. He added that he hoped other citizens would support the prospect of getting some of the vehicles off the road. Randy Mason expressed concern about filing a code complaint and the potential six-month wait. Councilmember Jones responded that the code enforcement specialist did respond to Mr. Mason and he shared his concern about the City's ability to enforce code and the specter of a six- month response time and he explained initial response may occur sooner although resolution may drag out depending on merit of complaints and responsiveness of offending parties. Jones asked if City staff could follow up. Mayor Niehaus reiterated City concern for code compliance responsibility and noted the enforcement position was just recently created. Randy Day spoke about affordable housing and expressed the approach was not correct; he disagreed with punishing the lodging sector. He expressed his opinion that new impact fees should be charged proportionately. He also expressed that imposing an overlay on people's property will make people mad. He stated that zoning for affordable housing is hard because people will not want it next door. Councilmember Duncan mentioned the nexus study and commented that hotels will still be built. Mayor Niehaus thanked Mr. Day for his comments and noted that she disagreed with him. Councilmember McGann acknowledged that it is difficult and stated it is the job of the Council to create balanced policies and to protect neighborhoods and provide housing. Councilmember Wells stated Day's words are not lost on him and noted his concern with the assured housing policy. He stated it is an aggressive public -driven approach and the high density overlay is market -driven and will be more effective. Wells appreciates the tourism economy and yet he has grown less sympathetic to the tourist sector, in particular cheap hotels. He mentioned the opportunity to preserve economic development in commercial zoning and stated he weighs this against private property rights and potential of upward mobility for the community's commercial property owners. Councilmember Duncan added the problem Page 2 5 October 30, 2018 concerns building market rate versus assured housing and stated it is tricky. He said we are trying to grow and provide workforce housing at the same time market -rate housing is in high demand and is more profitable for developers. Jim Webster acknowledged he is a member of the board of education and spoke as an individual. He stated the school district is growing and has tremendous issues. He mentioned property tax wealth versus income dearth and tourism that impacts on schools are real. Councilmember Clapper offered that he is interested in hearing about legislative topics of concern to the school district. McGann concurred that coordinating efforts regarding the legislature could be a good idea. Paige Holland referred to the County's general plan and expressed that it didn't appear to inform the future land use plan regarding the high density housing overlay and number of homes per acre. She stated it seems extreme to go from about 3.2 or 3.4 homes per acre to 35• She stated that the rural residential zoning of her neighborhood with one house per acre made her feel like she had a target on her back and she asked if the Council takes these things into consideration. McGann said that she and Councilmember Clapper had attended many Planning Commission meetings and said it was far from a done deal. She said she doesn't support some of the negative impacts. Clapper said he refers to the general plan regularly. He acknowledged the County has changed a lot and the general plan needs to be a living document. He stated the overlay is an incentive plan and he would be amazed if more than three property owners took advantage of the overlay. Wells stated he doesn't agree with McGann and Clapper. He said he is more optimistic and likes the requirement of housing local residents better than deed restrictions. He brought up the disruption of neighborhoods. He said that rarely will you find counties out in front of issues and that governments are reactive not proactive. He brought up blocked views and property values and raised the question of whether developments could be taller than three stories. He mentioned incentivizing development and noted it is hard to increase density and not disrupt neighborhoods. Morse indicated there is serious debate ahead. The November 7 public hearing was announced. Michael Liss mentioned he and others are talking about buses and transit and referred to the high density housing overlay and indicated it could increase the buildout to 78,000 people. He referred to a new urbanism and creating new neighborhoods and striving toward quality growth. He referred to the unfortunate attitude of growth as loss rather than growth as something beautiful. He mentioned the US 191 corridor and the potential for quality growth. Councilmember Jones mentioned the City's participation in the nexus study and the struggle for affordable housing development to pencil out and referred to the economic driver for density. He mentioned project buffering for neighborhoods from high density developments. Mayor Niehaus stated her concern that more lots may just mean more expensive lots. Gerrish Willis spoke about the concept of geopolitical subdivisions defined by watersheds. He stated he was in favor of working with San Juan County to coordinate and plan for growth. Mayor Niehaus stated the City is looking at density and affordability differently than the County and rather than a high density overlay, the City is looking at the Planned Area Development (PAD), ensuring that density comes with affordability. Wells referred to San Juan County and stated discussions are happening and inferred that San Juan County doesn't want to be told what to do. Curtis said that was tough because it is the same valley. He suggested that formalizing discussions would be helpful. He said the UDOT hotspot funding discussions coincide with San Juan discussions regarding access to the highway for development and suggested those discussions could expand to discuss growth. He mentioned that Jerry McNeely, former County councilmember works for San Juan County. McGann stated there would be effort Page 3 of 5 October 30, 2018 made to have open dialog with San Juan County's commissioners. Councilmember Guzman - Newton stated she did not think discussions about buildout should be conducted unless there is real data for water and quality of life. She stated she felt it was a foolish step to discuss density for density's sake without data on water. Mayor Niehaus stated the United States Geological Survey (USGS) would roll out a final water study report. Jim Englebright brought up bunkhouses in neighborhoods and wanted an update. Councilmember Derasary stated there was an upcoming workshop to discuss occupancy. Mayor Niehaus reiterated there is a workshop November 5 regarding PAD, workforce housing, occupancy, code compliance and occupancy implications. Councilmember Duncan spoke about eliminating conditional uses, the family/household debate, and the external impacts of occupancy regarding noise, trash and parking. Mayor Niehaus spoke about the possibility of rental property licensure to address accountability to neighbors. Audrey Graham stated everything is connected and there will be bunkhouses until there is more affordable or dense housing. She indicated this is not ideal and we need to decide where and how to do this. She continued that the water situation is terrifying and suggested water should be saved for people who live here, curbing hotels. She said this takes political will and homes will be worth more. Councilmember Duncan commented on the PAD and said there is no minimum lot size and could make way for very small units and explained details of deed restrictions and suggested neighbors could bend but not break. Bruce Louthan stated he lives next to Walnut Lane and he expected development. He asked about what footprint for a proposed affordable development the City had in mind. He concluded that he was glad the City is thinking globally and acting locally. Mayor Niehaus indicated residents could contact Tracy Dutson, the City's Senior Project Manager, for more information. Vicki Webster asked Council to not forget about commercial use in the R-2 zone. She stated she did not appreciate a prior comment referring to residents moving to get away from the changing nature of neighborhoods. She urged Council to limit density and occupancy. Councilmember Derasary indicated this topic would be discussed on November 5. Jessica O'Leary brought up quality of life and quality of neighborhoods. She stated she has concerns about shifting definitions from families to households and stated her concern with enforcement. She lamented that Cinema Court is not walkable from town. She cited Edwards, Colorado as an example of a walkable town. Councilmember Jones brought up the City's efforts at code enforcement and explained it is a complaint -driven process and noted that complainants' identities are protected unless the complaint goes to court. He also cited the Small Area Plan for the Powerhouse area. Councilmember Clapper brought up the County's proposed new parks department. Councilmember McGann mentioned planned bike paths to Ken's Lake. Councilmember Derasary explained the new statututes regarding household versus family definition and the discussion about the number of unrelated persons living together is unconstitutional. Mayor Niehaus brought up the former conditional uses that omit bed and breakfasts from residential zones. Solona Sisco brought up not -in -my -backyard attitudes in low -density areas in Seattle and was in favor of dense development with corresponding transit stops and access to bike paths. Sisco also expressed that bunkhouses are good and is in favor of them and the non-nuclear families therein. Councilmember Duncan mentioned that high density housing should be close to the center of town and thanked Councilmember Derasary and Mayor Niehaus for their work on the Walnut Lane property. Page 4 of 5 October 30, 2018 Kelland Brewer spoke about the plastic bag ban and did not look forward to the resulting potential long lines at City Market. Councilmember McGann talked about adding the bagless notice to the travel council website and noted Kroger planned to ban plastic bags anyway. Councilmember Knuteson-Boyd mentioned shopping in off hours and the impacts on the environment caused by plastic bags. Councilmember Derasary mentioned education efforts. Judy Powers stated her worry about losing neighborhoods. She mentioned nightly rentals in neighborhoods and that the market is driving doctors and dentists to move out of town and indicated she is so sorry about the development called Entrada. She mentioned low income residents have trouble with transportation and stated the need for density. Knuteson-Boyd concurred about Entrada. Jones noted the code that allowed Entrada has since been changed. Tom Moreau referred to the water study and wants to limit use by requiring low -flow showers. Mayor Niehaus brought up Sustainability Director Rosemarie Russo's Green To Gold initiative and her work to promote low -flow fixtures and referred to mandating action versus incentivizing participation. Councilmember Duncan mentioned that low -flow in hotels is important but also mentioned culinary water used for residential outdoor watering. He noted Ken Kolm's forthcoming safe yield report and said water will become more expensive. McGann said we are not mining our aquifer yet. She said the USGS study will show how much water there is. Councilmember Wells said the water special service district has a draft report and monitoring of water is needed. He said there could be disagreement on climate but water quantity is necessary. He said it is not an emergency yet and we should limit unnecessary use. Adam Fleming stated he works in the tourism industry and he wants to be able to stay year- round and noted it is hard to find housing. Mayor Niehaus referred to the bounce effect that happens when workers come to fill a need and they can't find housing. Joe Kingsley noted a teacher commuting from Grand Junction. Mayor Niehaus talked about easing licensure for contractors. Mallory Nassau introduced herself as the school district community coordinator. She brought up the key leader board and the collective impact model. She noted the bike mechanic training program. Jim Webster stated his interest in Nassau's position with an eye toward breaking down barriers to better integrate the school district with city and county councils. He also spoke about the increase in students in the school district, funding mechanisms for schools, intergenerational poverty, building a new middle school, and tax revenues used for education. Carol Mayer spoke about the toxic emissions from the asphalt plant and lamented that her trash has doubled since recycling was suspended. She also brought up USU as a golden cow and asked how many jobs would really be created by a new campus, and what diversity would result. Councilmember McGann stated the recycling center is still open and she listed items still accepted. She agreed that the center is in a transition period. She brought up reducing, reusing, repurposing and refusing materials. Councilmember Jones stated the landfills have about eight to 12 years and mentioned the City is revising its waste hauling contract which will likely integrate recycling. He added that he hoped the international recycling situation will improve. Duncan explained new jobs due to the USU project and the Community Reinvestment Area. Adjournment: Mayor Niehaus adjourned the meeting at 9:0o PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 5 of 5 October 30, 2018 MOAB CITY COUNCIL MINUTES --DRAFT REGULAR CITY COUNCIL MEETING DECEMBER ii, 2018 Call to Order and Attendance: The Moab City Council held a Town Hall and its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. An audio recording of the meeting is archived at http://www.utah.gov/pmn/index.html and a YouTube video recording is archived at https://www.youtube.com/watch?v=h4hPK6ybtyg. In attendance were Mayor Emily Niehaus, Councilmembers Kalen Jones, Rani Derasary, Mike Duncan and Karen Guzman -Newton. Councilmember Tawny Knuteson-Boyd arrived at 5:4o PM. Also in attendance were City Manager David Everitt, Recorder/Assistant City Manager Rachel Stenta, Assistant City Manager Joel Linares, City Attorney Chris McAnany, City Planner Jeff Reinhart, Development Services Manager Sommar Johnson, Senior Project Manager Tracy Dutson, Treasurer Chantel Lindsay, Public Works Director Pat Dean, Sustainability Director Rosemarie Russo, Assistant City Engineer Eric Johanson and Records Specialist Eve Tallman. Workshop: Mayor Niehaus called the Town Hall workshop to order at 5:oo PM. The Town Hall consisted of a discussion and public comments regarding proposed ordinance 2019- 02—Planned Affordable Development (PAD). Senior Project Manager Tracy Dutson presented scenarios of typical square -footage and scale of developments in an existing neighborhood. Sixty-nine members of the public and media attended the Town Hall. Town Hall comments: John Hartley mentioned he had sent prior emails to Council and stated he was not happy with the proposed PAD. He stated he expected good government and the protection of private rights. Carey Dabney stated she lives on Rosetree Lane and listed potential pitfalls of applying the PAD ordinance in the R-2 zone: infrastructure is not designed for higher density; lack of existing problems yet to be addressed in R-2 including code enforcement and the proliferation of commercially operated dormitories; lack of transparency regarding proposed PADs planned for the R-2 zone; lack of assurances that proposed PADs will align with the character of the neighborhood; lack of opportunity for R-2 residents whose property values will be most impacted to participate in the process; and the potential for drastic reductions of protections in order to build a PAD. Dabney offered a compromise, which would develop the PAD model in zones currently zoned for higher density construction, which she described. She urged Council to develop PADs in other zones before consideration of including R-2 as an allowable PAD area and suggested a process for more citizen participation. Mayor Niehaus responded with a mention of the code enforcement concerns. Councilmember Duncan mentioned a recent discussion regarding licensing of so-called bunkhouses and Councilmember Derasary brought up an upcoming discussion about occupancy. Councilmember Guzman -Newton brought up the transparency issue and noted the purpose of the Town Hall is to gather community feedback. Bonnie Crysdale urged Council to not rush into the PAD and proposed one-story developments and cautioned about cramming buildings into every available space. Councilmember Duncan noted an example of an apartment building on 200 South in the R-2 he did not care for. He also stated that the parking on the frontage is not acceptable. Janie Tuft asked about the size limit of units per acre. Councilmember Guzman -Newton stated the smallest size of a unit could be 140 square feet for a studio. Mayor Niehaus and Councilmembers Duncan and Jones further explained. Page 1 8 December 11, 2018 Scott Escott brought up the example of a three -and -a -half acre lot on Rosetree. He noted this could imply as many as i4o additional cars adding to traffic on Rosetree. Kirk DeFond noted his concern that the PAD proposal could result in five times more density in his currently developed R-3 neighborhood. He brought up the Council's responsibility to protect private property rights and asked about why some development standards are crossed out of the draft. Councilmember Jones explained they were reflected elsewhere in the code and Councilmember Duncan brought up site plan review processes under review. DeFond also mentioned measuring the height of proposed developments from the curb to eliminate developers from building retaining walls and increasing their height above neighbors. Lisa Carter talked about unintended consequences of moving too fast. She stated she did not believe the R-2 zones in Moab should be changed to accommodate more density. She said that there was a possibility neighborhoods would be sacrificed for commerce, including development of townhomes, second homes and employee bunkhouses. She mentioned considering PADs on a case -by -case basis with consideration for impacts on neighboring properties to protect viewsheds, setbacks and solar access for neighbors. She suggested pilot projects. Rita Rumrill stated that it should be a goal to maintain neighborhoods that are livable and walkable. She mentioned she likes the provisions for solar access and connectivity of the neighbors and mentioned social and mental health benefits. She noted that trailer parks in Moab were once considered good housing and she urged Council to consider that what may seem good now may not be good in 3o years. Walt Dabney noted his disappointment in the presentation showing examples of PADS. He spoke about the R-2 zone as a 1-2 household zone and remarked on the narrow streets in those neighborhoods. He mentioned that it appears the City is getting rid of R-2 areas. He stated the effect of the PAD would be that residential areas in Moab would be taken over by developments and the R-2 character would be gone. He mentioned that PADs in R-3 were ok. Mayor Niehaus asked Dabney about the prospect of limiting new PADs to certain footprint sizes in neighborhoods. He brought up a recent three -home development in the downtown which has resulted in occupants parking on the street. He mentioned the difficulty of accommodating storage needs of residents in dense housing developments. Mayor Niehaus noted a minor storage requirement for proposed PADS. Dabney reiterated his concern about changing the character of the R-2 neighborhoods to accommodate dense housing projects. Saina Carey mentioned her extensive history with real estate in Moab and noted she felt strongly both ways about the proposed PAD. She stated that people move to Moab for a reason. She said the size of the City has not changed much and that tourism has now replaced mining. She suggested considering PADs on a case -by -case basis and planning for twenty years out. She urged Council to not take away the rights of grandfathered properties. Kya Marienfield spoke about the housing shortage for local year-round employees. She talked about the difficulty of attracting teachers, police and health care workers to Moab. She stated these professionals can't afford rents or to buy homes. She mentioned landscaping and residency requirements and stated the 24' height was reasonable to her. She brought up street width requirements, limiting to six units per structure, internal setbacks, parking and solar access. Councilmembers discussed landscaping and open space considerations. Mayor Niehaus showed photos of examples of multi -household structures that blend into existing neighborhoods. Page 2 8 December 11, 2018 Councilmember Guzman -Newton expressed her resistance to the PAD and her interest in designing high -density housing that blends with neighborhoods. Josie Kovash stated she lives in the R-2 zone and is in favor of PAD. She stated that density does contribute to a neighborhood and emphasized that density and neighborhood character or good design are not mutually exclusive. She stated that now is the time and noted the Yes in My Backyard (YIMBY) movement and written resources from the Urban Land Institute. She also spoke about the family versus household topic and Moab's demographics. John Hartley stated he does not disagree with Kovash. He stated people don't want more density. He asked for protections in the R-2 zone. Josie Kovash stated isolated developments are ghettos. She stated she was ok with giving up rights for affordable housing for healthy diversity and encouraged a PAD overlay for the entire City. Councilmember Derasary spoke about income eligibility for PAD residents as well as proof of sole residence. Councilmembers Duncan and Guzman -Newton brought up a gap in eligibility for working residents and stated i,000 affordable units are needed for Moab's workforce. Kirk Defond brought up the proposed development of 6,000 homes in San Juan County. Councilmember Duncan noted that proposal had dim prospects in view of San Juan County's very junior water rights. Councilmember Jones spoke about planning for 20-3o years and mentioned the trend in Park City, where 7o percent of the residences are second homes. He opined that density is a blunt tool and hoped to manage the impacts of density on neighbors. Lisa Carter spoke about density in all residential zones. Mayor Niehaus explained that 80 percent of each PAD is deed restricted. Councilmember Jones brought up transportation studies on Rosetree. Saina Carey mentioned that the hospital bought four condominiums for visiting doctors and nurses. She mentioned the school district's need for housing. Judy Powers stated she likes good planning and noted she is really protective of the R-2 zone. She noted the propensity of accessory dwellings as lodging units which increase density. She said out-of-towners buying homes has been a problem for twenty years and Moab has been losing housing stock to second home owners. Carol Mayer stated that what she doesn't like about PAD is squeezing all you can onto a lot. She mentioned the new Hoodoo hotel and noted she doesn't like it but she would be amenable to triplexes and small developments. She asked about children in a high -density area. She urged Council to slow down and look more carefully. Mayor Niehaus brought up limiting large parcels from large apartment buildings. Councilmember Jones brought up recent legislation requiring new hotels to pay impact fees for housing and Councilmember Guzman -Newton mentioned the school district property. Chaz Howard spoke about the impact of past planning decisions on Mike Toninelli. He said that people bought homes in R-2 and now the City is changing the rules. He speculated that a lot of work has gone into the PAD but perhaps not so much regarding the PAD in R-2. He noted people's fears and the need for reassurances. Mayor Niehaus reviewed the timeline of the development of the proposed PAD ordinance. Councilmember Derasary mentioned she had not seen the PAD until recently. Page 3 of 8 December 11, 2018 Karla Hancock stated that every town needs a section of town like R-2. She said that teachers, doctors and nurses will aspire to R-2. She did not agree with the comparison to Telluride. She joked that she prefers not to disperse slums all over town. She noted that for many people, their only real asset is their home and crowding next door diminishes property values. Regular Meeting: 0:45 on recording) Mayor Niehaus called the Regular City Council Meeting to order at 7:oi PM and led the Pledge of Allegiance. Eighty members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve minutes from the November 13 and 27, 2018 meetings with one correction. Councilmember Guzman -Newton seconded the motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Mayor and Council Reports: Mayor Niehaus reported on the Utah Association of Governments meeting and mentioned a survey regarding the Utah Department of Transportation (UDOT) long-range planning process. She mentioned County Councilmember Curtis Wells had been elected to represent the area in the Utah Association of Counties. She also mentioned her participation on the Tripartite Board which oversees services such as the food bank. She mentioned a school visit to City Hall and a Powerhouse focus group meeting, along with her appointment to the Governor's rural partnership board and touched on the housing issues being addressed by the legislative committee of the Utah League of Cities and Towns (ULCT). She noted her interest in defending local control as a legislative priority for ULCT. Councilmember Derasary reported she participated in the ULCT meeting regarding sales tax, and raised her concerns about potential upcoming changes to the Land Use, Development and Management Act (LUDMA). She mentioned implications regarding potential changes to the land use Ombudsman's reimbursements and noted she attended a Canyonlands Health Care Special Service District meeting, the League of Women Voters' program which presented the high school debate team deliberating a carbon tax, and mentioned Trail Mix activities. Councilmember Duncan reported on a meeting of the Moab Area Watershed Partnership and mentioned the effort to have coordinated monitoring wells. Councilmember Knuteson-Boyd reported on the Housing Authority meeting. She noted the faith -based coalition is still concerned about sewer rates. Councilmember Guzman -Newton reported on the School District meeting and noted Kathy Williams was sworn in as a new School Board member. She noted an effort of Utah State University and BEACON to offer science, technology, engineering and math (STEM) programming. She noted her attendance at a meeting of the transportation commission and learned about the funding of a rail study. She reported on a meeting of the Chamber of Commerce and noted a vacancy on their board. She concluded with a report of the Moab Transit group and reaching out to the legislature. Councilmember Jones reported on a housing task force meeting and also noted there would be interviews for manager of the Solid Waste District. He mentioned the Dark Skies group is planning activities for 2019. Administrative Report: City Manager Everitt announced the upcoming Council retreat. He Page 4 of 8 December 11, 2018 stated the budget process would begin in the New Year as well as discussion regarding the waste hauling contract. Communication Director Church reported the City's new website went live on December io and has been optimized for mobile screens. She mentioned a makeover of the recreation page and the ability to search the City's archives. She announced the upcoming open house of the Water Reclamation Facility. Presentation: (2:12 on recording) Students of the Month: Mayor Niehaus presented the Mayor's Student of the Month Awards for December 2018 to Helen M. Knight Elementary School student Nixon Curtis, Moab Charter School student Mia Fox, Grand County Middle School Seventh Grader Malina Paershke-O'Brien and Eight Grader Jazlyn Rascon. The Mayor acknowledged the financial sponsors. Citizens to be Heard: (2:17 on recording) Rachel Moody spoke on behalf of several residents. She began with comments about the impact of the recently -passed ordinance 2o18—oi on the homeowners of the Cottonwoods at Williams Way planned unit development, which takes away the Use by Right for lodging establishments under ten units from Chapter 17.21.02o in the C-2 zone. She thanked the Council for their consideration of putting this Use By Right back into the chapter of the code. She next addressed the Council on behalf of the Southeastern Chapter of the Utah Association of REALTORS© which formally opposed the removal of lodging establishments from the C-2 zone and noted there should be input from the property owners and stakeholders affected by the decision. She noted the recognition of the group that the issue of short-term rentals is a growing concern and expressed the hope that the state legislature and municipalities can reasonably balance private property rights with the desire to regulate this type of property use while providing certainty to the property owner. She concluded with suggestions which included formulating a plan to revamp the downtown steering committee into a broader purpose of taking all commercial zones to the drawing board by redesigning, reviewing and recommending creative and proactive policy on all commercial zones for our new future. Carrie Ann Marinelli spoke about the contaminated pond in the Mulberry Grove neighborhood and recommended pond and open water checks for the parasite that caused the deaths of pets. Theresa King spoke about reconsideration of Ordinance 2018-01 and proposed Resolution 58- 2018. The noted she owns a twin home on Williams Way and has planned to exercise her right to operate a nightly rental in the future. She brought up the reference to a Planning Commission meeting where the proposed ordinance was reportedly unanimously recommended to Council and King noted that meeting had been cancelled. She recommended putting the lodging establishments under ten units back into the C-2 zone. Jerry Klaes mentioned he bought property in C-2 for use as nightly rentals as a retirement plan. He stated he was in favor of putting the nightly rentals back into the C-2 zone and noted his property value plummeted $2oo,000 to $3oo,000 overnight due to the recent legislation. He noted he understands there is a housing crunch in Moab. Page 5 of 8 December 11, 2018 Ruth Dillon thanked the Council for their difficult work and stated she felt their intentions regarding the recently -passed Ordinance 2018-01 were pure. She stated she planned to purchase a home in the Cottonwoods on Williams Way and live in it with the ability to rent it out sometimes. She noted she did not see a compelling reason to remove the lodging uses for under ten units from the C-2 zone. Adam Black stated he is a property owner at Entrada. He said big dollars are at stake with the change to the property zoning overnight. He thanked the Council for their hard work. Scott Howard also thanked the Council for their work and stated he is also an owner at Entrada and reported a buyer recently backed out of a sales contract for his property after the legislation passed. Bob Wood stated he is a property owner at Entrada. He concurred with Rachel Moody's comments and noted that devastating is a good adjective to describe the action. Lynda Diem submitted written comments: "Please make adjustments to the Accessory Dwelling Unit (ADU) rules. If the setbacks and parking were adjusted it would provide many housing opportunities for locals. ADUs could be deed -restricted for long term housing. They can be attractive, have a low profile and be lovely in design. One unit in many R zones can make a huge difference in our housing." Old Business: (2:44 on recording) Reconsideration of Ordinance #2o18-01Approved Discussion: Councilmember Jones stated his desire to reconsider the Ordinance and Mayor Niehaus acknowledged there was inadequate public noticing. City Attorney McAnany mentioned the corrected date for the Planning Commission public hearing was March 8, 2018. Motions and Votes: Councilmember Jones moved to reconsider Ordinance 2o18-oi, An Ordinance Amending The City Of Moab Municipal Code, Sections 17.18, 17.20, 17.21, 17.24, 17.27, 17.30, 17.31, 17.35, 17.36, 17.42, 17.45, 17.48, 17.51, and 17.54 Pertaining To Uses In The Specific Zones; Amending Chapter 17.06.020 Definitions; Amending Section 17.69 Secondary Dwelling Units To Read "Accessory Dwelling Units"; And Repealing Chapters 17.09.530 And 17.09.531 Conditional Uses. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Councilmember Jones then moved to approve Ordinance 2o18-oi, An Ordinance Amending The City Of Moab Municipal Code, Sections 17.18, 17.20, 17.21, 17.24, 17.27, 17.30, 17.31, 17.35, 17.36, 17.42, 17.45, 17.48, 17.51, And 17.54 Pertaining To Uses In The Specific Zones; Amending Chapter 17.06.020 Definitions; Amending Section 17.69 Secondary Dwelling Units To Read "Accessory Dwelling Units"; and Repealing Chapters 17.09.53o and 17.09.531 Conditional Uses and Amending Finding H, substituting March 8 for February 22 as the date of the Planning Commission Public Hearing date. Councilmember Derasary seconded the motion. Mayor Niehaus reiterated this re-establishes lodging under ten units in the C-2 zone as an allowable use. Councilmember Derasary suggested in the future better communication and better long- term planning toward a community vision. Councilmembers and the Mayor thanked staff for Page 6 of 8 December 11, 2018 their efforts to correct the ordinance and community members for their civil communications. Mayor Niehaus asked for candidates for Planning Commission. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Nightly Rental Uses in the C-2 Zoning District —Void Discussion: City Attorney McAnany stated that, due to the vote on the prior agenda item, proposed Resolution 58-2o18, a Resolution Initiating Proceedings to Amend City Ordinances to Address Changes to Nightly Rental Uses in the C-2 Zoning District, and Advising the Public that a Previous Repeal of Certain Lodging Uses in the C-2 District is Held in Abeyance, was moot. Mayor Niehaus called for a motion, and hearing none, she proceeded to New Business. New Business: (2:56 on recording) Living Community Challenge and City Vision —Discussion Kenner Kingston of Architectural Nexus briefly presented the Living Community Challenge. Site Plan Requirements Approved Motion and Vote: Councilmember Derasary moved to approve Proposed Ordinance #2o18-22—to amend Moab Municipal Code 17.67.o2o, B to allow an exemption from the site plan requirements for up to a six unit multihousehold dwelling with amendments. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Happy Days Subdivision Approved Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #52- 2018 — Happy Days Minor Subdivision Located at 825 North Soo West in the R-2 Zone. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Water Board Appointments Approved Motion and Vote: Councilmember Jones moved to confirm re -appointment of Kyle Bailey and Jeremy Lynch for two year terms ending December 31, 2021 to the Moab City Water Conservation and Drought Management Advisory Board. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Retro-Commissioning of City Buildings Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve a contract for Retro- Commissioning Service for the MRAC (Moab Recreation and Aquatic Center), Multi -Purpose Bldg. (Center Street Gym) and City Center Building in the amount of $87,5oo. Councilmember Jones seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. City Depositories Approved Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #54- 2o18 — Designating Depositories for Moab City Funds. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. 2o19 City Council Meeting Schedule Approved Motion and Vote: Councilmember Guzman -Newton moved to approve the Proposed 2o19 City Council Meeting Schedule. Councilmember Duncan seconded the motion. The motion Page 7 of 8 December 11, 2018 passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. 2o19 Moab City Holiday Schedule Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve the Proposed 2019 Moab City Holiday Schedule, retitling Columbus Day as Indigenous Peoples' Day and adding Christmas Eve to the list of Moab City holidays. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Rocky Mountain Power Joint Clean Energy Statement Approved Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #57- 2018 — Approving a Memorandum of Understanding between the City of Moab and Rocky Mountain Power regarding the Joint Clean Energy Statement. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Blue Sky Solar Array Agreement —Approved Motion and Vote: Councilmember Guzman -Newton moved to approve Proposed Resolution #55-2018 — Authorizing the City Manager to Sign a Memorandum of Understanding between the City of Moab and Rocky Mountain Power for the Construction and Operation of Blue Sky Solar Array Projects. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Approval of Bills: Councilmember Guzman -Newton moved to approve payment of bills against the City of Moab in the amount of $1,458,370.01. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Executive Closed Session: Motion and Vote: Councilmember Jones moved to enter An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus convened the Executive Session at 9:3o PM. Councilmember Derasary moved to close the Executive Session. Councilmember Guzman -Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus closed the Executive Session at 10:13 PM. Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus adjourned the meeting at 10:13 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 8 of 8 December 11, 2018 MOAB CITY COUNCIL MINUTES --DRAFT SPECIAL CITY COUNCIL WORKSHOP MEETING DECEMBER 12, 2018 Call to Order and Attendance: The Moab City Council held a Special Workshop Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A meeting recording is archived at http://www.utah.gov/pmn/index.html. Mayor Emily Niehaus called the meeting to order at ii: o7 AM. In attendance were Councilmembers Rani Derasary, Tawny Knuteson-Boyd, Karen Guzman -Newton, Kalen Jones and Mike Duncan. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, Senior Project Manager Tracy Dutson, Assistant City Manager Joel Linares and Recorder/Project Specialist Eve Tallman. Eight members of the public and media attended. Living Community Challenge: Kenner Kingston of Architectural Nexus made a presentation and led a discussion about the prospects of the Living Community Challenge (LCC) for the City of Moab. Kingston explained the concept of living communities as a framework for master planning, design, and construction and he described certification and referred to a TED talk on the subject by Jason McLennan, the founder of the Living Building Challenge. He described areas of concentration for certification, referred to as petals: place, water, energy, materials, health and happiness, equity and beauty and specifics, including difficult -to -attain limits to growth and protection of greenfields, inspiration and education. LCC criteria were mentioned, including diversity of uses, multiple buildings, at least one multi -modal street and shared infrastructure. Kingston explained the steps toward full certification, including registration; vision plan; master plan; emerging living, petal, and zero energy community; certified petal community and certified zero energy community. Audience member Orion Rogers from the Southeast Utah Health Department spoke about opportunities to collaborate with the City. Mayor Niehaus mention the leadership Rogers has shown regarding greywater systems in the community. Discussion ensued regarding grey versus green infrastructure. Councilmember Jones brought up recent discussions and how the LCC elements of equity and beauty could inform discussions about density. Kingston mentioned the importance of public spaces. Councilmember Duncan shared some ideas and a vision for Moab. More conversation ensued regarding water usage and a secondary water system. Policy implications and ordinance ideas including development incentives were mentioned. Social, Economic, Environmental Design (SEED) was discussed as a next step. Councilmember Jones stated he was inspired by the prospects. Councilmember Guzman -Newton expressed her interest in applying the framework to planning discussions. Councilmember Knuteson-Boyd added she felt City residents are unaware of what the City has already accomplished and that many efforts reflect ideas that have been embraced for a long time. Resiliency was mentioned as a guiding principle. Adjournment: Councilmember Duncan moved to adjourn the meeting. Councilmember Guzman -Newton seconded the motion. The motion passed unanimously. Mayor Niehaus adjourned the meeting at 2:20 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 1 of i December 12, 2018 Moab City Council Agenda Item Meeting Date: January 8, 2019 #: Click here to enter text. Title: 2019 Community Development Block Grant Application Public Hearing Date Submitted: December 19, 2018. Staff Presenter: Chuck Williams, City Engineer. Attachment(s): CDBG First Public Hearing Script Options: N/A Recommended Motion: N/A Background/Summary: City of Moab will hold a public hearing to consider potential projects for which funding may be applied under the CDBG Small Cities Program for Program Year 2019. Suggestions for potential projects will be solicited, both verbally and in writing, from all interested parties. The expected amount of CDBG funds for this program year will be discussed along with the range of projects eligible under this program and a review of previously funded projects. The City Engineering Department is working with the Recreation Department and the MARC to improve ADA accessibility. At the Public Hearing staff will present this combined project for the Council to consider moving forward to application stage. Other members and agencies within the community may also present to Council for City sponsorship of their application. After the public hearing is opened and closed at this meeting the Council should give direction regarding which project or projects they want the City to sponsor or pursue. The CDBG application is due January 31, 2018. If the Council decides to sponsor the ADA project then City staff will prepare the application. If Council decides to sponsor other non -City generated projects then the other applicants will be responsible for preparing their own applications. CDBG First Public Hearing Script I, Emily Niehaus, Mayor, open the public hearing for the CDBG program. The purpose of this public hearing is to provide citizens with pertinent information about the Community Development Block Grant program and to allow for discussion of possible applications for the 2019 funding cycle. The grant money must be spent on projects benefitting primarily low and moderate -income persons. The Southeastern Utah region, which the City of Moab is a member, is expecting to receive approximately $707,000 in total in this new program year. The breakdown is as follows: $174,000—Single Family Housing Rehab Program $50,000—CDBG Administration and Planning $483,000—Cities, Counties, and Agencies Grant All eligible activities that can be accomplished under this program are identified in the CDBG Application Policies and Procedures Manual and interested persons can review it at any time at jobs.utah.gov. Several of the eligible activities listed are as follows, but are not limited to: construction of public works and facilities, water and sewer lines, fire stations, acquisition of real property, provision of public services such as food banks or homeless shelters. In the past, the City of Moab has received funding for the Housing Authority of Southeastern Utah Kane Creek Acquisition. A copy of the regional "Consolidated Plan" is available on the SEUALG's website at seualg.utah.gov. This identifies that needs of the communities and counties in our Region. Projects proposed to be funded by CDBG funds should be included on The City of Moab's capital investment plan. Anyone with questions, comments or suggestions during the hearing please identify yourself by name before you speak. The clerk will include your names in the minutes and we would like to specifically respond to your questions and suggestions during the hearing. {PUBLIC COMMENT PERIOD-- THIS IS WHERE PROJECTS SHOULD BE SUGGESTED TO APPLY FOR CDBG FUNDS} Any further comments? If no further comments, then this public hearing will be closed. 12/20/2018 CITY OF City of Moab Mail - Public Notice for Moab City Council Pi o AB Public Notice for Moab City Council 1 message Rachel Stenta <rstenta@moabcity.org> support@utah.gov <support@utah.gov> Thu, Dec 20, 2018 at 6:45 PM To: rstenta@moabcity.org Utah Public Notice Moab City Council Public Hearing Notice Date & Time: 1/8/19 7:15 PM Description/Agenda: CITY OF MOAB COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING Moab City will hold a public hearing to consider potential projects for which funding may be applied under the CDBG Small Cities Program for Program Year 2019. Suggestions for potential projects will be solicited, both verbally and in writing, from all interested parties. The expected amount of CDBG funds for this program year will be discussed along with the range of projects eligible under this program and a review of previously funded projects. The hearing will begin at approximately 7:15 P.M. on January 8, 2019 and will be held at Moab City Hall, 217 East Center Street, Moab, Utah 84532. Further information can be obtained by contacting Mark Jolissaint, Assistant City Engineer at: 435-355- 0668. In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this hearing should notify the City Recorder at least 3 days prior to the hearing to be attended. Individuals with speech and/or hearing impairments may call the Relay Utah by dialing 711. Spanish Relay Utah: 1.888.346.3162. /s/ Rachel Stenta City Recorder/Assistant City Manager Published in the Times Independent, December 27, 2018 and January 3, 2019. Published on State of Utah's Public Meeting Notice Website - www.utah.gov/pmn on December 20, 2018 Notice of Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during these hearings should notify Rachel Stenta at the City at least three days prior to the hearing that will be attended at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121. Individuals https://mail.google.com/mail/u/0?ik=Obf0a4325f&view=pt&search=all&permthid=thread-f%3A1620423981594042399%7Cmsg-f%3A16204239815940... 1 /2 12/20/2018 City of Moab Mail - Public Notice for Moab City Council with speech and/or hearing impairments may call the Relay Utah by dialing 711 and the Spanish Relay Utah is 1-888-346- 3162. Check our website for updates at: www.moabcity.org Notice of Electronic or telephone participation: The City of Moab has not authorized electronic meetings. Other information: Location: 217 E. Center St., Moab, 84532 Contact information: Rachel Stenta , rstenta@moabcity.org, 4352595121 https://mail.google.com/mai I/u/0?i k=Obf0a4325f&view=pt&search=all&permth id=thread-f%3A1620423981594042399%7Cmsg-f%3A16204239815940... 2/2 Moab City Council Agenda Item Meeting Date: January 9, 2019 #: Click here to enter text. Title: Approval of a Request for Amplified Music at Old City Park on May 4. 2019. Date Submitted: November 9, 2018 Staff Presenter: Carmella Galley Attachment(s): Request Letter Options: Approve, deny, or modify. Recommended Motion: "I move to approve the request for amplified music at Old City Park for the Gran Fondo Moab on May 4, 2019." Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. Gran Fondo Moab is requesting the use of amplified music on May 4, 2019. Park Rules state any amplified music must be curtailed by 9:00 pm. Staff Recommendation: City Staff recommends approval of the request. Approval is subject to compliance with all Park Policies, which provides that approved sound amplification shall not extend beyond 9:00 pm. CITY OF MOAB UTAH Amplified Music 1 message Carmella Galley <carmella@moabcity.org> Shop Poison Spider <shop@poisonspiderbicycles.com> Wed, Nov 7, 2018 at 9:03 AM To: "carmella@moabcity.org" <carmella@moabcity.org> To whom it may concern, Gran Fondo Moab is requesting permission for amplified music at our event, Gran Fondo Moab, May 4th at Old City Park. The event is in its 8th year. The use of a microphone is for music (traditionally used from an iphone playlist) as racers relax and enjoy lunch and then for the award announcements. Nothing loud, obnoxious or inappropriate. If you should have any questions or concerns, please contact Amy at Poison Spider Bicycles Mon -Friday 259-7882. Sincerely, Amy Walling Gran Fondo Moab Moab City Council Agenda Item Meeting Date: January 8, 2019 Title: Resolution # -2019— A Resolution Confirming the Appointment of Rachel Stenta, As the City Finance Director; and Authorizing the Mayor to Execute an Employment Agreement. Presenter: Mayor Niehaus Attachment(s): • Proposed Resolution • City Finance Director Job Description Suggested Motion: "I move to approve Resolution -2019, confirming the appointment of Rachel Stenta, as the City Finance Director; and authorizing the Mayor to execute an Employment Agreement between the City of Moab and Rachel Stenta." Background/Summary: Utah Code Annotated § 10-6-157 states that a city of the third, fourth, or fifth class or of a town, by resolution or ordinance, create a director of finance position to perform the financial duties and responsibilities of the city recorder or town clerk. A director of finance shall be a qualified person and be appointed and removed by the mayor, with the advice and consent of the legislative body and may not assume the duties of the town treasurer. As passed in City of Moab Ordinance 18-2018, the City of Moab created a finance director position which can be found in City Code 2.14.010, et al. The term of employment is subject to the provisions of the contract agreed to by the finance director and the City. The finance director is an at -will, exempt employee. Any person serving as finance director may be removed with or without cause by the Mayor with the consent of the City Council. The powers, duties, and obligations of the finance director shall be enumerated in the position description on file with the office of the City Recorder. The proposed resolution memorializes the appointment and the City Council's consent. 1 CITY OF MOAB RESOLUTION NO. 06-2019 A RESOLUTION CONFIRMING THE APPOINTMENT OF RACHEL STENTA, AS THE CITY FINANCE DIRECTOR; AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT WHEREAS, the City Manager is authorized, pursuant to the City of Moab Municipal Code, 2.14.020, to appoint, with the advice and consent of the City Council, an individual to serve as the City Finance Director; and WHEREAS, the City Manager seeks the advice and consent of the City Council concerning the appointment; and WHEREAS, the City Manager desires to appoint Rachel Stenta as the City Finance Director for the City of Moab; and authorize the Mayor to execute an Employment Agreement; and WHEREAS, the City Council desires to consent to this appointment and approval of the Employment Agreement. THEREFORE, be it resolved that the City of Moab City Council hereby adopts this Resolution and confirms the appointment of Rachel Stenta, as the City Finance Director and authorizes the Mayor to execute an Employment Agreement. This Resolution shall take effect on January 8, 2019. Passed and adopted by action of the Governing Body of the City of Moab in open session on this 8th day of January, 2019. SIGNED: ATTEST: Emily S. Niehaus, Mayor City Recorder Moab City Council Agenda Item Meeting Date: January 8, 2019 #: Click here to enter text. Title: Capitol Purchase of 800Mhz. Law Enforcement radios Date Submitted: 1/2/19 Staff Presenter: Jim Winder, Police Chief Attachment(s):Motorola Invoice Options: Approve, deny, or modify. Recommended Motion: I move to authorize the purchase of law enforcement handheld and mobile radios for Police and Code Enforcement Officers Background/Summary: The State of Utah has migrated to an enhanced 800 Mhz radio system for all public safety providers. The system provides a host of technological and operational improvements, including statewide integration and compatibility. The purchase of this equipment will replace the existing 150 Mhz. technology The funding required for this purchase will require a budget adjustment. MQTOFIOLA SOLUTIONS Essential Service (U.S.) This Statement of Work ("SOW") is subject to the terms and conditions of the Motorola Solutions Service Agreement or other applicable agreement in effect between the parties ("Agreement"). The terms of this SOW are an integral part of an Agreement with the Customer to which this SOW is appended and is made a part thereof by this reference. In the event of a conflict between the terms and conditions of an Agreement and the terms and conditions of this SOW, this SOW will control as to the inconsistency only. The SOW applies to the Device specifically named in the Agreement. 1. Description of Services and Obligations "Customer" means end user who has a purchase agreement with Motorola Solutions. The Essential Service is a prepaid service that includes coverage for internal and external components damaged due to a manufacturer's defect. The Essential Service may be purchased together with, or within 90 days of, a qualifying Motorola Solutions hardware purchase. This multi -year offer reduces unexpected expenses relating to the repair of the Device. This Essential Service is comprised of: • Technical Support • Device Repair with two-way shipping 1.1 Remote Technical Support Coverage. Motorola Solutions will respond to calls within two (2) hours during the support days. Support hours are lam to 5pm U.S. central time x 5 business days per week, excluding US holidays, and weekends. In addition, Customers may contact the Call Management Center (800-927-2744) and a Motorola Solutions representative will log a technical request on Motorola Solutions Case Management System 24 x 7 on the Customer's behalf. 1.2 Technical Problem Isolation, Analysis and Resolution. A Motorola Solutions representative will: o Assess the nature of the problem o Assist and perform problem determination o Work to achieve problem resolution 1.3 Repair The Essential Service provides Customer with repair services at a Motorola Solutions operated or supervised facility that employs the same test equipment and original Motorola Solutions components used in the manufacture of the Device. With the Services, the Device is repaired to ensure full compliance with its specifications, as published by Motorola Solutions at the time of delivery of the original Device via: - Repairs, adjustments and restorations, if appropriate, of any Device that malfunctions while being used within the operational and environmental parameters specified by Motorola Solutions. - Device updates, if applicable, as may be released, from time to time, by Motorola Solutions in accordance with an Engineering Change Notice. 1.4 Scope of Products included Essential Service and associated options are currently available for specific versions of many Motorola Solutions' devices. Check with your Motorola Solutions' representative if you have a question about the eligibility of your device. 2. Motorola Solutions Responsibilities 2.1 Repair. Motorola Solutions will provide repair or replacement of a Device, at its option, with a five (5) business day in-house turnaround time, provided the Device is delivered to the repair center by 9:00 a.m. (local repair center time). Repair may include the replacement of parts, or boards with new parts or boards or, at Motorola Solutions' option, with functionally equivalent, reconditioned parts, boards, or with a replacement device. All replaced parts, boards or Devices will become the property of Motorola Solutions.Turnaround time represents the Essential Service 8-23-18 Page 1 MOTOROLA SOLUTIONS time a product spends in the repair process; it does not include time in transit, including customs clearance. Business days do not include US holidays or weekends. 2.2 Shipping. Motorola Solutions will provide two-way shipping when Motorola On -Line (MOL), or MyView Portal is used to initiate a repair. A shipping label will be generated via MOL, MyView Portal, or by contacting the Motorola Solutions SSC to initiate the return process. 3 Customer Responsibilities 3.1 Serial Numbers. If the Essential Service is purchased on the same order with the Device(s), the hardware serial number(s) are automatically captured and included in the Agreement. If purchased within 90 days of Device shipment, Customer must provide a complete list, preferably in electronic format, or by completing a Service Order Form (SOF), of all hardware serial numbers to be covered under the Agreement. 3.2 Initiating Repair. When initiating a repair, the Customer must contact Motorola Solutions to obtain a Return Material Authorization (RMA) number for each faulty Device. The Customer must label each package correctly with a shipping label generated via MOL, MyViewPortal, or the Motorola Solutions SSC, and include a completed Return Material Authorization (RMA) for each Device submitted. 3.3 Removing Customer Data. Customer is solely responsible for removing from the Device any data, or other information that the Customer wishes to destroy or retain prior to sending the Device for repair. 4 Limitations and Restrictions 4.1 Customer will incur additional charges at the prevailing rates for any of the following activities, which are not covered under this Agreement: a. Replacement of consumable parts or accessories, as defined by product, including but not limited to batteries, cables, carrying cases. b. Repair of problems caused by natural or manmade disasters, including but not limited to fire, theft and floods that would cause internal or external component damage or destruction. c. Repair of problems caused by third parties' Software, accessories or peripherals not approved in writing by Motorola Solutions for use with the Device. d. Repair of problems caused by using the Device outside of the product's operational and environmental specifications, including improper handling, carelessness or reckless use, or repaired by a third party. e. Repair of problems caused by unauthorized alterations or attempted repair. f. Non -remedial work, including but not limited to administration and operator procedures, reprogramming, and operator or user training. g. Problem determination and/or work performed to repair or resolve issues with non -covered products; for example, any hardware or software products not specifically listed on the service order form. h. Performance of any file backup or restoration. i. Completion and test of incomplete application programming or system integration if not performed by Motorola Solutions and specifically listed as covered. j. Software Release updates. k. Accidental damage, chemical or liquid damage, or other damage caused outside of normal Device operating specifications, except if optional Accidental damage coverage was purchased. I. Cosmetic imperfections that do not affect the functionality of the Device. 4.2 Where a Device is submitted for a repair that is outside the scope of Service, such repair may be quoted by Motorola Solutions for additional cost in accordance with Motorola Solutions' standard Time and Materials (T&M) rates and terms and conditions. Motorola Solutions will notify the Customer of any incremental charges related to aforementioned exclusions prior to completing the repair and said repair will be subject to acceptance of the quotation by the Customer. 4.3 Software support for unauthorized modifications or other misuse of the Device software is not covered. Essential Service 8-23-18 Page 2 MQTOFIOLA SOLUTIONS 4.4 Motorola Solutions is not obligated to provide support for any Device: a. That has been repaired, tampered with, altered or modified (including the unauthorized installation of any software) — except by Motorola Solutions authorized service personnel. b. That has been subjected to unusual physical or electrical stress, abuse, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable product specification. c. If Customer fails to comply with the obligations contained in the product purchase agreement and/or the applicable software license agreement and/or Motorola Solutions terms and conditions of service. Essential Service 8-23-18 Page 3 0 MOTOROLA SOLUTIONS 11/1/2018 City of Moab 217 E. Center Street Moab UT 84532 RE: Municipal Lease # 24475 Enclosed for your review, please find the Municipal Lease documentation in connection with the [radio equipment] to be leased from Motorola. The interest rate and payment streams outlined in Equipment Lease -Purchase Agreement #24475 are valid for contracts that are executed and returned to Motorola on or before November 21, 2018. After 11/21/18, the Lessor reserves the option to re -quote and re -price the transaction based on current market interest rates. Please have the documents executed where indicated and forward the documents to the following address: Motorola Solutions Credit Company LLC Attn: Bill Stancik / 44th Floor 500 W. Monroe Chicago IL 60661 Should you have any questions, please contact me at 847-538-4531. Thank You, MOTOROLA SOLUTIONS CREDIT COMPANY LLC Bill Stancik CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 LESSEE FACT SHEET Please help Motorola provide excellent billing service by providing the following information: 1. Complete Billing Address City of Moab E-mail Address: Attention: Phone: 2. Lessee County Location: 3. 4. Federal Tax I.D. Number Purchase Order Number to be referenced on invoice (if necessary) or other "descriptions" that may assist in determining the applicable cost center or department: 5. Equipment description that you would like to appear on your invoicing . Appropriate Contact for Documentation / System Acceptance Follow-up: 6. Appropriate Contact & Mailing Address Phone: Fax: 7. Payment remit to address: Motorola Solutions Credit Company LLC P.O. Box 71132 Chicago IL 60694-1132 Thank you CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 LESSEE: City of Moab 217 E. Center Street Moab UT 84532 EQUIPMENT LEASE -PURCHASE AGREEMENT Lease Number: 24475 LESSOR: Motorola Solutions, Inc. 500 W. Monroe Chicago IL 60661 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the equipment and/or software described in Schedule A attached hereto ("Equipment") in accordance with the following terms and conditions of this Equipment Lease -Purchase Agreement ("Lease"). 1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term of this Lease will commence on date specified in Schedule A attached heretoand unless terminated according to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date set forth in Schedule B attached hereto ("Lease Term"). 2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called), including the interest portion , in the amounts specified in Schedule B. The Lease Payments will be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in Section 5 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that a request for appropriation for funds from which the Lease Payments may be made will be requested each fiscal period, including making provisions for such payment to the extent necessary in each budget submitted for the purpose of obtaining funding. It is Lessee's intent to make Lease Payment for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper, efficient and economic operation. 3. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to Lessee at the location specified in Schedule A ("Equipment Location"). Lessee will accept the Equipment as soon as it has been delivered and is operational. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate in the form provided by Lessor. Even if Lessee has not executed and delivered to Lessor a Delivery and Acceptance Certificate, if Lessor believes the Equipment has been delivered and is operational, Lessor may require Lessee to notify Lessor in writing (within five (5) days of Lessee's receipt of Lessor's request) whether or not Lessee deems the Equipment (i) to have been delivered and (ii) to be operational, and hence be accepted by Lessee. If Lessee fails to so respond in such five (5) day period, Lessee will be deemed to have accepted the Equipment and be deemed to have acknowledged that the Equipment was delivered and is operational as if Lessee had in fact executed and delivered to Lessor a Delivery and Acceptance Certificate. 4. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased hereunder is being manufactured and installed by Lessor pursuant to contract (the "Contract") covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor intends to sell and assign Lessor's right, title and interest in and to this Agreement and the Equipment to an assignee ("Assignee"). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE "AS IS" AND "WITH ALL FAULTS". LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY. Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of other third parties). 5. NON -APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, Lessee has the right to not appropriate funds to make Lease Payments required hereunder in any fiscal period and in the event no funds are appropriated or in the event funds appropriated by Lessee's governing body or otherwise available by any lawful means whatsoever in any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are insufficient therefor, this Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its Assignee of such occurrence. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor or its Assignee on the date of such termination, packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to any location in the continental United States designated by Lessor. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Non - appropriation of funds shall not constitute a default hereunder for purposes of Section 16. 6. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (i) Lessee is a state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of the Lease Payments shall be excludable from Lessor's gross income pursuant to Section 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the "Code"); (iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v) Lessee will comply with the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986 (the "Code"), and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Lease Payment to be or become includible in gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term. Lessee represents, covenants and warrants that: (i) it will do or cause to be done all things necessary to preserve and keep the Lease in full force and effect, (ii) it has complied with all laws relative to public bidding where necessary, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal period. If Lessee breaches the covenant contained in this Section, the interest component of Lease Payments may become includible in gross income of the owner or owners thereof for federal income tax purposes. In such event, notwithstanding anything to the contrary contained in Section 11 of this Agreement, Lessee agrees to pay promptly after any such determination of taxability and on each Lease Payment date thereafter to Lessor an additional amount determined by Lessor to compensate such owner or owners for the loss of such excludibility (including, without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive (absent manifest error). Notwithstanding anything herein to the contrary, any additional amount payable by Lessee pursuant to this Section 6 shall be payable solely from Legally Available Funds. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 It is Lessor's and Lessee's intention that this Agreement not constitute a "true" lease for federal income tax purposes and, therefore, it is Lessor's and Lessee's intention that Lessee be considered the owner of the Equipment for federal income tax purposes. 7. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon shipment of the Equipment to Lessee hereunder, title to the Equipment will vest in Lessee subject to any applicable license; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 5 hereof; (ii) upon the occurrence of an Event of Default hereunder, and as long as such Event of Default is continuing; or (iii) in the event that the purchase option has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or its Assignee, and Lessee shall immediately discontinue use of the Equipment, remove the Equipment from Lessee's computers and other electronic devices and deliver the Equipment to Lessor or its Assignee. In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in any and all right, title and interest of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom; (ii) agrees that this Lease may be filed as a financing statement evidencing such security interest; and (iii) agrees to execute and deliver all financing statements, certificates of title and other instruments necessary or appropriate to evidence such security interest. 8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies, the Contract, any licensing or other agreement, and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of the possession, use or maintenance of the Equipment. Lessee, at its expense will keep the Equipment in good repair and furnish and/or install all parts, mechanisms, updates, upgrades and devices required therefor. 9. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. 10. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment consists of rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor's prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation. 11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, licensing, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of written demand. 12. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of loss or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair (an "Event of Loss") , Lessee at the option of Lessor will: either (a) replace the same with like equipment in good repair; or (b) on the next Lease Payment date, pay Lessor the sum of : (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease Term as set forth in Schedule B. In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of Loss. 13. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor's prior written consent, Lessee may self -insure against any or all such risks. All insurance covering loss of or damage to the Equipment shall be carried in an amount no less than the amount of the then applicable Balance Payment with respect to such Equipment. The initial amount of insurance required is set forth in Schedule B. Each insurance policy will name Lessee as an insured and Lessor or it's Assigns as an additional insured, and will contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or it's Assigns as their interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self -insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto. 14. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys' fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection, purchase, delivery, licensing, possession, use, operation, rejection, or return and the recovery of claims under insurance policies thereon. 15. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment or reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless and until Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee; provided, however, that if such assignment is made to a hank or trust company as paying or escrow agent for holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to time promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. After notice of such assignment, Lessee shall name the Assignee as additional insured and loss payee in any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor's Assignee hereunder. 16. EVENT OF DEFAULT. The term "Event of Default", as used herein, means the occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of the Lease when funds have been appropriated sufficient for such purpose, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in writing delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20) days after the institution or occurrence thereof; or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during the fiscal period in effect when the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable; (ii) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly discontinue use of the Equipment, remove the Equipment from all of Lessee's computers and electronic devices, return the Equipment to Lessor in the manner set forth in Section 5 hereof, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession of and remove the same; (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and other amounts due prior to the effective date of such selling, leasing or subleasing and for the difference between the purchase price, rental and other amounts paid by the purchaser, Lessee or sublessee pursuant to such sale, lease or sublease and the amounts payable by Lessee hereunder; (iv) promptly return the Equipment to Lessor in the manner set forth in Section 5 hereof; and (v) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or both could become an Event of Default, then exists, Lessee will have the right to purchase the Equipment on the Lease Payment dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due together with the Balance Payment amount set forth opposite such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, without warranty, express or implied, except that the Equipment is free and clear of any liens created by Lessor. 19. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to such mailing. 20. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 21. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the laws of, the state of the Equipment Location. 22. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease. 23. ENTIRE AGREEMENT; WAIVER. This Lease, together with Schedule A Equipment Lease - Purchase Agreement, Schedule B, Evidence of Insurance, Statement of Essential Use/Source of Funds, Certificate of Incumbency, Certified Lessee Resolution (if any), Information Return for Tax -Exempt Governmental Obligations and the Delivery and Acceptance Certificate and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitutes the entire agreement between the parties with respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 24. EXECUTION IN COUNTERPARTS.This Lease may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of November 2018. LESSEE: City of Moab LESSOR: MOTOROLA SOLUTIONS, INC. By: By: Title: Title: Treasurer CERTIFICATE OF INCUMBENCY I, do hereby certify that I am the duly elected or (Printed Name of Secretary/Clerk ) appointed and acting Secretary or Clerk of the City of Moab, an entity duly organized and existing under the laws of the State of Utah that I have custody of the records of such entity, and that, as of the date hereof, the individual(s) executing this agreement is/are the duly elected or appointed officer(s) of such entity holding the office(s) below his/her/their respective name(s). I further certify that (i) the signature(s) set forth above his/her/their respective name(s) and title(s) is/are his/her/their true and authentic signature(s) and (ii) such officer(s) have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Agreement number24475, between City of Moaband Motorola Solutions, Inc. If the initial insurance requirement on Schedule B exceeds $1,000,000,attached as part of the Equipment Lease Purchase Agreement is a Certified Lessee Resolution adopted by the governing body of the entity. IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of City of Moab, hereto this day of November 2018. By: SEAL (Signature of Secretary/Clerk) OPINION OF COUNSEL With respect to that certain Equipment Lease -Purchase Agreement 24475 by and between Motorola Solutions, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (III) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State law. This opinion may be relied upon by the Lessor and any assignee of the Lessor's rights under the Lease. Attorney for City of Moab CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 SCHEDULE A EQUIPMENT LEASE -PURCHASE AGREEMENT Schedule A Lease Number: 24475 This Equipment Schedule is hereby attached to and made a part of that certain Equipment Lease -Purchase Agreement Number 24475 ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, the following items of Equipment QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.) Refer to attached Equipment List. Equipment Location: Initial Term: 60 Months Commencement Date: December 1, 2018 First Payment Due Date: December 1, 2018 5 annual payments as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable on the Lease Payment Dates set forth in Schedule B. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 APX Radio Price Quote City of Moab 10/17/18 APX 7000 Series Item Model Description Unit Cost Qty Ext. Cost 1 H97TGD9PW 1 N H38 / Q241 QA00579/ QA00577AA/ QA00569/ QA00574/ APX7000 Portable 800 MHz, with Analog Operation, Smartzone Roaming Software, Dual -Band Operation, 1250 Modes, Dual Display, Alpha Numeric Front & Top, LiIon 3400 MAH Battery, Belt Clip, Antenna. Blue Tooth, IV&D, GPS, Standard. $2,922.00 23 $67,206.00 la Q806/Q361 Astro Digital Common Air Interface (CAI) P25 9600 /3600 Baud Phase 1 Capable with Interoperability and OmniLink Included 23 Included lb Q58AJ 3 Year Warranty/Essential Services Included 23 Included lc NNTN8860 Impres 2 Single Unit Charger Included 23 Included 2 RLN6554A Bluetooth Remote Speaker Mic $219.00 23 $5,037.00 3 RLN4941AXL Receive Only Earpiece with Translucent Tube — Extra Loud $62.05 23 $1,427.15 Total APX 7000 Series $73,670.15 APX 8500 Series Item Model Description Unit Cost 1 Qty Ext. Cost 4 M37TXS9PW 1 N G51 G444 G442 W22 B 18 GA01513AA GA00235A GA05509A APX8500 Mobile —800 MHz, with Analog Operation, Smartzone Roaming Software, 1250 Modes, 100 Watts High Power, 05 Control Head, Alpha Numeric Display, Includes 800 MHz and VHF Antennas, Palm Mic, Speakers, Remote Mount, Mounting Hardware, No GPS Antenna $4,279.13 23 $98,419.99 4a G806 Astro Digital P25 Common Air Included 23 Included Interface (CAI) 4b G361 P25 9600/3600 Baud Phase I Interoperability, includes OmniLink Included 23 Included 4c G78 3 Year Warranty/Essential Services Included 23 Included Total APX 8500 Series $98,419.99 Grand Total $172,090.14 Price is based on special trade-in promotional for legacy radios, unless expanding fleet. State Contract # AR1884 / Terms — Net 30 Days ASTRO® Digital APX 7000Tm Portable Series 700/800 MHz & VHF ASTRO® Digital APX 8500TA° Mobile Series 700/800 MHz $ VHF City of Moab (Schedule B) Compound Period: Nominal Annual Rate: CASH FLOW DATA Monthly 5.220% Event Date Amount Number Period End Date 1 Lease 12/1/2018 $172,090.14 1 2 Lease Payment 12/1/2018 $ 38,093.53 5 Annual 12/1/2022 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Lease Payment Interest Principal Balance Lease 12/1/2018 $172,090.14 1 12/1/2018 $ 38,093.53 $ - $ 38,093.53 $133,996.61 2 12/1/2019 $ 38,093.53 $ 7,164.55 $ 30,928.98 $103,067.63 3 12/1/2020 $ 38,093.53 $ 5,510.84 $ 32,582.69 $ 70,484.94 4 12/1/2021 $ 38,093.53 $ 3,768.70 $ 34,324.83 $ 36,160.11 5 12/1/2022 $ 38,093.53 $ 1,933.42 $ 36,160.11 $ Grand Totals $ 190,467.65 $ 18,377.51 $172,090.14 INITIAL INSURANCE REQUIREMENT: $172,090.14 Except as specifically provided in Section five of the Lease hereof, Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in the amounts and dates specified in the above payment schedule. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 EVIDENCE OF INSURANCE Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on Schedule A number 24475 to that Equipment Lease Purchase Agreement number 24475 will be maintained by the City of Moabas stated in the Equipment Lease Purchase Agreement. This insurance is provided by: Name of insurance provider Address of insurance provider City, State and Zip Code Phone number of local insurance provider E-mail address In accordance with the Equipment Lease Purchase Agreement Number 24475 , City of Moab , hereby certifies that following coverage are or will be in full force and effect: Type Amount Effective Expiration Policy Date Date Number Fire and Extended Coverage Property Damage Public Liability Certificate shall include the following: Description: All Equipment listed on Schedule A number 24475 to that Equipment Lease Purchase Agreement number 24475. Please include equipment cost equal to the Initial Insurance Requirement on Schedule B to Equipment Lease Purchase Agreement number 24475 and list any deductibles. Certificate Holder: MOTOROLA SOLUTIONS, INC. and or its assignee as additional insured and loss payee 1303 E. Algonquin Road Schaumburg, IL 60196 If self insured, contact Motorola representative for template of self insurance letter. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS To further understand the essential governmental use intended for the equipment together with an understanding of the sources from which payments will be made, please address the following questions by completing this form or by sending a separate letter: 1. What is the specific use of the equipment? 2. Why is the equipment essential to the operation of City of Moab? 3. Does the equipment replace existing equipment? If so, why is the replacement being made? 4. Is there a specific cost justification for the new equipment? If yes, please attach outline of justification. 5. What is the expected source of funds for the payments due under the Lease for the current fiscal year and future fiscal years? CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 CERTIFIED LESSEE RESOLUTION At a duly called meeting of the Governing Body of the Lessee (as defined in the Lease# 24475) held on November , 2018, the following resolution was introduced and adopted. BE IT RESOLVED by the Governing Board of Lessee as follows: 1. Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment or other personal property described in the Lease between City of Moab(Lessee) and Motorola Solutions, Inc. (Lessor). 2. Approval and Authorization. The Governing body of Lessee has determined that the Lease, substantially in the form presented to this meeting, is in the best interests of the Lessee for the acquisition of such Equipment or other personal property, and the Governing Board hereby approves the entering into of the Lease by the Lessee and hereby designates and authorizes the following person(s) referenced in the Lease to execute and deliver the Lease on Lessee's behalf with such changes thereto as such person deems appropriate, and any related documents, including any escrow agreement, necessary to the consummation of the transactions contemplated by the Lease. 3. Adoption of Resolution. The signatures in the Lease from the designated individuals for the Governing Body of the Lessee evidence the adoption by the Governing Body of this Resolution. CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Form 8038-6 (Rev. September 2011) Department of the Treasury Internal Revenue Service Information Return for Tax -Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) ►See separate instructions. Caution: If the issue price is under $100,000, use Form 8038-GC. OMB No. 1545-0720 Part I Reporting Authority If Amended Return, check here ► ❑ 1 Issuer's name City of Moab 2 Issuer's employer identification number (EIN) 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) 217 E. Center Street Room/suite 5 Report number (For IRS Use Only) 13 I I 6 City, town, or post office, state, and ZIP code Moab UT 84532 7 Date of issue 12/1/2018 8 Name of issue Equipment Lease -Purchase Agreement 24475 9 CUSIP number 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions) 10b Telephone number of officer or other employee shown on 10a Part II Type of Issue (enter the issue price . See the instructions and attach schedule. 11 Education 12 Health and hospital 13 Transportation 14 Public safety 15 Environment (including sewage bonds) 16 Housing 17 Utilities 18 Other. Describe ► 11 12 13 14 172,090.14 15 16 17 18 _ 19 If obligations are TANs or RANs, check only box 19a ► ■ If obligations are BANs, check only box 19b ► ■ 20 If obligations are in the form of a lease or installment sale, check box ► 0 Description of Obligations. Complete for the entire issue for which this form is being filed. 21 (a) Final maturity date (b) Issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield 12/1/22 $ 172,090.14 $ 172,090.14 4 Yearg 5.22 % Part IV Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest 22 23 Issue price of entire issue (enter amount from line 21, column (b)) 23 172,090.14 24 Proceeds used for bond issuance costs (including underwriters' discount) . 24 25 Proceeds used for credit enhancement 25 26 Proceeds allocated to reasonably required reserve or replacement fund 26 27 Proceeds used to currently refund prior issues 27 28 Proceeds used to advance refund prior issues 28 29 Total (add lines 24 through 28) 29 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . 30 172,090.14 Part V Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . ► 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . ► 33 Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) ► 34 Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY) years years For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 9-2o11) Form 8038-G (Rev. 9-2011) Page 2 Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) b Enter the final maturity date of the GIC ► c Enter the name of the GIC provider ► 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► Enter the date of the master pool obligation ► 38a b 35 36a 37 ❑ and enter the following information: c Enter the EIN of the issuer of the master pool obligation ► d Enter the name of the issuer of the master pool obligation ► 39 If the issuer has designated the issue under section 265(b)(3)(13)(i)(III) (small issuer exception), check box ► ❑ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ► ❑ 41a If the issuer has identified a hedge, check here ► ❑ and enter the following information: b Name of hedge provider ► _ c Type of hedge ► d Term of hedge ► 42 If the issuer has superintegrated the hedge, check box IN. ❑ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box ► 44 If the issuer has established written procedures to monitor the requirements of section 148, check box ► ❑ 45a If some portion of the proceeds was used to reimburse expenditures, check here ► ❑ and enter the amount of reimbursement ► b Enter the date the official intent was adopted ► Signature and Consent Paid Preparer Use Only Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to process this return, to the person that I have authorized above. `Signature of issuer's authorized representative Date `Type or print name and title Print/Type preparer's name Preparer's signature Date Check ❑ if self-employed PTIN Firm's name ► Firm's address ► Firm's EIN ► Phone no. Form 8038-G (Rev. 9-2011) EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") and Lessee hereby accepts the Equipment after fuftinspection thereof as satisfactory for all purposes of lease Schedule A to the Equipment Lease Purchase Agreement executed by Lessee and Lessor. Equipment Lease Purchase Agreement No.: 24475 Lease Schedule A No.: 24475 EQUIPMENT INFORMATION QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION Equipment referenced in lease Schedule A# 24475. See Schedule A for a detailed Equipment List. LESSEE: City of Moab By: Date: CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16 Moab Planning Commission Agenda Item Meeting Date: December 13, 2018 PL-18-02 #: Title: Consideration to Adopt Resolution 20-2018, Recommending to Council Conditional Approval of the Sunset Twin Homes Subdivision Preliminary Plat a Minor Subdivision of Lot 3 of the Sunrise Hills Subdivision Located at 476 McKay Place in the R-2 Zone Applicant: Rikki Epperson of Community Rebuilds Staff Presenter: Ieff Reinhart, Planning Director Attachment(s): MMC Title 16.00; Resolution 20-2018; Plat; Aerials; Options: Approve, approve with conditions, deny with reasons Recommended Motion: I move to adopt Planning Resolution 20-2018 with the condition: 1. The storm water drainage plan shall be submitted to and approved by the City Engineering Department and constructed in accordance with the recommendations. Any amendments to the plan after initiation of construction shall be submitted to the department for review and approval prior to construction continuing. Background/Summary: This proposed two lot minor subdivision will split Lot 3 of the Sunrise Hills Subdivision into a twin - home lot. Lot 3 is 9,710 square feet (.22 acre) in area and was created with the Sunrise Hills Subdivision in August 2006. The new lots 3A and 3B will respectively consist of 4,462 square feet (.10 ac) and 5,230 square feet (.12 ac). Access to the lots will be from Huntridge Drive and two off-street parking spaces will be provided for each dwelling. Applicable Code Moab Municipal Code Chapter 16.08.020, Exceptions --Final plat, is applicable to this subdivision and allows final plats to be approved without a public hearing under specific circumstances. The text reads, "In subdivisions of less than five lots, land may be sold after recording of a plat, if all the following conditions are met: A The subdivision plan shall have been approved by the Planning Commission, the planning coordinator, the City engineer, the City Attorney, other agencies the zoning administrator deems necessary, and the City Council; B. The subdivision is not traversed by lines of a proposed street, and does not require the dedication of any land for street or other purposes; C. Each lot within the subdivision meets the frontage width and area requirements of the zoning title or has been granted a variance from such requirements by the appeal authority; D. All final plat requirements shall be complied with; E. All provisions of Chapter 16.20 of this title shall be complied with; and F. The water supply and sewage disposal shall have been approved by the utility supervisor. " Staff responses to the standards for this type of application are as follows: A. This review by the Planning Commission is the final step prior to the application being referred to City Council; B. Dedication of property for additional public street right-of-way is not necessary and this property is not traversed by a street; C. The lots satisfy the dimensional requirements for the R-2 Zone; D. The requirements for final plats will be completely satisfied with approval by the Planning Commission and the City Council; E. Chapter 16.20 lists the Required Improvements that a subdivision must meet and those include sewers and sewerage facilities, storm water drainage conveyance and management, and street and drinking water improvements. These improvements currently exist for the surrounding development and can be easily provided to the property. F. As stated above, the utilities currently exist and are adjacent to the subject property and were approved during the construction of Sunrise Hills Subdivision. Staff recommends approval of the plat with the condition: ill 1. The storm water drainage plan shall be submitted to and approved by the City Engineering Department and constructed in accordance with the recommendations. Any amendments to the plan after initiation of construction shall be submitted to the department for review and approval prior to construction continuing. CITY OF MOAB RESOLUTION #04-2019 A RESOLUTION CONDITIONALLY APPROVING THE SUNSET TWIN HOMES SUBDIVISION, A MINOR SUBDIVISION OF LOT 3 OF THE SUNRISE HILLS SUBDIVISION LOCATED IN THE R-2, RESIDENTIAL ZONING DISTRICT, AS REFERRED TO COUNCIL BY THE PLANNING COMMMISSION WHEREAS, Rikki Epperson (Applicant) of Community Rebuilds, with offices located at 150 South 200 East, Moab, Utah 84532, as Owner of Lot 3, Sunrise Hills Subdivision also known as 476 McKay Place, a .22 acre lot in Moab, Utah; and WHEREAS, Applicant submitted to the City of Moab the appropriate application and documents for review and approval of the proposed two -lot minor subdivision as required in MMC Chapter 16.08.020; and WHEREAS, the property is located in the R-2 Residential Zone and the proposed residential uses are allowed as established in MMC 17.45.020; and WHEREAS, Owner desires to subdivide the .22 acre (9,710 square feet) Lot 3 into Lot 3a with 4,462 square feet (.10 acres) and Lot 3b with 5,230 square feet (.12 acres) in order to construct a twin home; and WHEREAS, the proposed lots satisfy the dimensional requirements of the R-2 Zone; and WHEREAS, the Moab Planning Commission reviewed the application for the Sunset Twin homes Subdivision in a regularly scheduled meeting held on December 13, 2018, to review the application and subsequently adopted Resolution #20-2018, recommending conditional approval to the City Council in accordance with MMC Chapter 16.08.020 that allows a minor subdivision of less than five (5) lots to be reviewed without a public hearing; and WHEREAS, the Moab City Council reviewed the application and considered the Planning Commission and Staff recommendations in a public meeting held on January 8, 2019; and WHEREAS, following the consideration of the technical aspects of the pertinent code sections, the Moab City Council, pursuant to Resolution #04-2019, hereby finds, that the subdivision can meet or exceeds the pertinent code requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the Sunset Twin homes Two -lot Minor Subdivision is hereby APPROVED with the following condition; 1. The storm water drainage plan shall be submitted to and approved by the City Engineering Department and constructed in accordance with the recommendations. Any amendments to the plan after initiation of construction shall be submitted to the department for review and approval prior to construction continuing. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2018. SIGNED: ATTEST: Resolution #04-2019 Emily Niehaus, Mayor Page 1 of 2 Rachel Stenta, Recorder Resolution #13-2016 Page 2 of 2 W1/4 CORNER SECTION 1, T26S, R21 E, SLB&M BASIS OF BEARINGS (FROM SW OF SEDCTION 1 TO NW SECTION SW CORNER SECTION 1, T26S, R21 E, SLB&M NO0°1502"E LEGEND QQ Property Corner 0 Found Property Corner -1- Section Corner Monument 14' • / s •� � r 5g NT) 9' L0 2 o<0 FINAL PLAT OF SUNSET TWINHOME SUBDIVISION A SUBDIVISION OF LOT 3 OF SUNRISE HILLS SUBDIVISION, WITHIN THE SW QUARTER OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN r, LOT 3A 4,462 Sq. Feet 0.10 Acres (476 Huntridge Drive) LOT 1 S 1Q, I/4/ 'V 'T \ LOT 3B 5,230 Sq. Feet 0.12 Acres (386 Huntridge Drive) c`• A= 22.10' R= 15.00' CB= S 87°37'16" W CL= 20.16' �J 609, LOT 16 GRAPHIC SCALE 10 0 5 10 20 SURVEYOR'S CERTIFICATE I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the state of Utah and that I hold license no. 7540504. I further certify that a land survey was made of the property described below, and have subdivided said tract of land into lots and streets hereafter to be known as: SUNSET TWINHOME SUBDIVISION and that same has been correctly surveyed and staked on the ground as shown on this plat. Lucas Blake License No. 7540504 Date BOUNDARY DESCRIPTION Beginning at the most southerly corner of Lot 2, Sunrise Hills Subdivision, said corner being North 59°18'25" East 750.16 feet from the Southwest corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 39°50'14" East 117.89 feet; thence South 57°42'23" East 86.09 feet (RECORD=84.27'); thence South 45°24'19" West 116.20 feet (RECORD=16.43'); thence along a curve having a radius of 15.00 feet to the right a length of 22.10 feet, (chord bears South 87°37'16" West 20.16 feet); thence North 50°09'46" West 59.14 feet to the point of beginning, having an area of 9,692 square feet, 0.22 acres. OWNER'S DEDICATIION KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED OWNERS OF THE HEREON DESCRIBED TRACT OF LAND HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS AND STREETS TO BE HEREAFTER KNOWN AS: SUNSET TWINHOME SUBDIVISION DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE. ACKNOWLEDGMENT STATE OF COUNTY OF S.S. ON THE _ DAY OF 20 , PERSONALLY APPEARED BEFORE ME, WHOM DID ACKNOWLEDGE TO ME THAT THEY SIGNED THE FOREGOING OWNER'S DEDICATION FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES STATED THEREIN. NOTARY PUBLIC NOTARY PUBLIC FULL NAME: COMMISSION NUMBER: MY COMMISSION EXPIRES: A SUBDIVISION OF LOT 3 OF SUNRISE HILLS SUBDIVISION, WITHIN THE SW QUARTER OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN APPROVAL BY MOAB CITY MAYOR APPROVED THIS DAY OF AD, 20 Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 FRE'C EI EIS► AUG 1 0 2018 BY: Project 099-18 Date 7/14/18 Sheet 1 OF 1 COUNTY RECORDER NO. STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF 1" (INCH) = 10' (FEET) MOAB CITY MAYOR ATTEST: DATE BOOK PAGE COUNTY RECORDER FEE