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HomeMy Public PortalAboutPKT-CC-2014-01-28Moab City Council January 28, 2014 Pre-Cou ell Wor 4shop REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 170 Page 2 of 170 Agenda City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, January 28, 2014 at 6:30 p.m. 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES None SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES SECTION 4: SECTION 5: SECTION 6: D cc m 7 o. a 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department PRESENTATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for January 2014 for Helen M. Knight School PUBLIC HEARING (Approximately 7:15 PM) 5-1 Proposed Resolution 1407-2014 — A Resolution Amending the Fiscal Year 2013/2014 Annual Budget SPECIAL EVENTS 6-1 Approval of Special Use of Swanny City Park by the Moab Rotary Club to Conduct a Classic Car Show April 25 to 27, 2014 6-2 Approval of a Special Business Event Application for Moab Rotary April Action Car Show to Conduct a Classic Car Show at Swanny City Park April 25 to 27, 2014 6-3 Approval of a Special Event License Application for Canyonlands Community Recycling to Conduct a Feast of the Mediterranean Fundraising Event at the Grand Center on March 1, 2014 6-4 Approval of a Class IV Beer License for Abigail Scott (Canyonlands Community Recycling) to Conduct a Fundraising Event at the Grand Center on March 1, 2014 Page 3 of 170 6-5 Approval of Local Consent for a Single Event Permit for Canyonlands Community Recycling to Conduct a Fundraising Event at the Grand Center on March 1, 2014 SECTION 7: NEW BUSINESS 7-1 Consideration of Proposed Ordinance #2014-01 - An Ordinance Amending The City of Moab Municipal Code, Chapter 17.31, RC, Resort Commercial Zone and Specifically Amending the Sign Regulations In 17.31.040 (F)(2)(D), Freestanding Signs, with the Addition of Two Subsections 7-2 Approval of Proposed Resolution #10-2014—A Resolution Approving a Minor Subdivision for Gerald White 7-3 Approval of Proposed Resolution #06-2014 — A Resolution Amending the City of Moab Health Reimbursement Account (HRA) Plan 7-4 Award of the Lions Park Trail and Transit Hub Utility Improvements Bid 7-5 Approval of the Lions Park Trail and Transit Hub Utility Improvements Contract 7-6 Approval of Proposed Resolution #11-2014—A Resolution Supporting the Initial Community Vision for Future Uses of the Moab UMTRA Project Site 7-7 Approval of Proposed Resolution #12-2014 — A Resolution Approving an Interlocal Agreement Between the City of Moab and Grand County Pertaining to the Transfer of Grant Funds from the State of Utah Division of Parks and Recreation to Grand County for the Development of Non -Motorized Trails. 7-8 Approval of Proposed Resolution #07-2014—A Resolution Amending the Fiscal Year 2013/2014 Annual Budget SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org D ca cm m a. sa Page 4 of 170 MOAB CITY COUNCIL MEETING January_214Z04 - Agenda Item #:5-1 & 7-8 Title: Public Hearing for Resolution #07-2014—Amending the Fiscal Year 2013/2014 Budget and Approval of Resolution #07-2014 Fiscal Impact: New expenditures are covered by new revenues. Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: n/a Background/Summary: The City opens the budget at mid -year each year. There are very few items that need to be included in the budget opening, affecting only the General Fund and the Recreation Fund. In the General Fund, we received a State grant for the purchase of equipment for the Narcotics Task Force in the amount of $7,363, so both revenues and expenditures should be adjusted by this amount. The City also received two insurance payments for two separate incidents —one involving a Police Department vehicle, and one involving damage/replacement of a city light pole that was knocked down. The amount of the insurance payments and associated expenditures to repair or replace the items is $9,289. For the Recreation Department, the MARC's Plein Air event brought in more revenue through fees than expected, and had additional expenditures in the same amount of $8,700. Options: Council can approve, table, or deny the proposed resolution. Staff Recommendation: Staff recommends approval of the proposed resolution. Recommended Motion: I move to approve Proposed Resolution #07-2014 - A Resolution Amending the Fiscal Year 2013/2014 Budget. Attachment(s): Proposed resolution #07-2014 1 D co m 7 o- S1 Page 5 of 170 RESOLUTION # 07-2014 A RESOLUTION AMENDING THE FISCAL YEAR 2013/2014 BUDGET WHEREAS, the City of Moab has proposed to amend the 2013/2014 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2013/2014 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2013/2014 Budget Amended Amended Revenue Expenditures 1. General Fund $ 8,439,153 $ 8,439,153 2. Recreation Fund $ 443,533 $ 443,533 FUNDS 2013/2014 Fiscal Year Budget Amendments REVENUES EXPENDITURES General Fund EXPENSES Narcotics Task Force Spec. Dept. Supplies 10-423-46 Police Department Equip/Supplies/Maint. 10-421-25 Hwys. And Public Improvements 07,192) REVENUES Misc. State Grants ($ 7,363) Insurance Income ($9,829) Recreation Fund ($8,700) EXPENSES MARC Special Projects REVENUES MARC Special Event Fees ($8,700) $17,192 $ 7,363 $1,914 $ 7,915 $ 8,700 $8,700 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 28th day of January, 2014. ATTEST: Rachel E. Stenta City of Moab David L. Sakrison Mayor D cm 7 o. S1 Page 6 of 170 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 28, 2°14 Agenda Item #: 6-1, 6-2 / Title: Approval of Permits for Moab Rotary April Action Car Show Fiscal Impact: Law enforcement and other city services are needed to support this event. These costs, amounting to several thousand dollars, have been budgeted for. The special event and park permit fees provide revenue to the city, as does the sales tax generated by the purchase of goods and services by the participants of the event. Staff Presenter(s): Donna Metzler Department: Administration Applicant: Moab Rotary International Background/Summary: The City Special Events Committee has reviewed the applications for the Use of City Parks and Special Event Business License for the April Action Car Show. We have conferred with the coordinator for the event and are of the opinion that all issues with the event and use of the park have been adequately addressed. We find that the proposed use of Swanny Park for this event provides clear benefits to the community. The event brings many visitors to the community and provides an attraction that locals and visitors enjoy. We have worked directly with the event coordinator on all issues related to the Special Event Permit and the Application for the Special Sue of City Parks. Traffic control, street closures, parking of vehicles, vendor location, hours and days of use, etc. have been addresses. Please note that the Park Use Application includes hours of use on three separate days. The Special Events Committee recommends approval of the Application for the Special Use of City Parks and the Special Business Event License Application for the April Action Car Show to be held April 25 through April 27, 2014. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. 1 D cc m o Q su JAAgenda Draft Documents\01-28-2014\Agenda Summary Car Show Permits - Copy.docx Page 7 of 170 Staff Recommendation: Staff recommends approval of all items with the following conditions: 1. The vendor organizer will provide extra paper products for the restrooms at Swanny Park. 2. Heat protection will be placed under any food vending apparatus that is placed on the grass. Food vendors will be placed as shown on the attached map. 3. Vendor vehicles will not be placed in the red zone on 100 West Street. 4. Prior to the start of the event, there shall be no parking in the red zones on 100 West Street. 5. The event organizer shall procure and place their own barricades. The City will not place barricades for this event. 6. Signage needs to be provided for, and event staff shall enforce, "no parking" on Walnut Lane. 7. No stakes shall be used for tents or other structures, to avoid puncturing water lines. 8. The event organizer shall provide for recycling containers at each trash can areas, and shall provide for the pick-up for both trash and recycling. 9. The event organizer shall provide a dog monitor for the park to ensure that dogs are not present at the event. Recommended Motion: "I move to approve (insert name of agenda item), subject to the conditions outlined in the Agenda Summary memo for this item." Attachment(s): Special Business Event License Application Application for the Special Use of City Parks D cc m Q JAAgenda Draft Documents\01-28-2014\Agenda Summary Car Show Permits - Copy.docx Page 8 of 170 December 18, 2013 City of Moab, Moab Rotarians are very excited to be able to offer the Moab Rotary April Action Car show. The 2014 show will be the Second that we will organize and we hope you will see improvements and potential for many positive opportunities for our community. We are open to any suggestions or requests you may have. This year's car show will take place on April 25-27. Friday the 25th will be Registration at the main pavilion in Swanny City Park all day with a Rod Run to Red Cliffs Lodge that will begin at 11 a.m. for those who want to participate. Saturday 26th we will be at Swanny City Park from 5a.m. to 5p.m. This is the main day of the show so we will have many volunteers from Rotary on hand. We plan on having shifts to check garbage, and toiletries. We have also made a request to registrant for no pets to be brought to the park. This will be the only day we will need the entire park. We have had Police Chief Mike Navarre attend many of our planning meetings and he is aware from experience what roads need to be closed and our plans for the show. We hope to work closely with the City Police to ensure a smooth and enjoyable show for all involved. Sunday 27th 9a.m. meet at Swanny City Park for Continental Breakfast leave on Rod Run at 10a.m. Please see attached maps, insurance information and volunteer duties. If you should have any questions please feel free to contact John Fogg Car Show Chair or myself Tara Richardson Rotary President 2012-2013 Agenda Page 9 of 170 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY licant Information Name of Person Responsible for Use of Park: Name of O anization and Event if applicable: Address: �())C: l„A,lo` (o Day Phone: if Email: 0/14Cti -Cent Proposed Park Usage Information Which park to you intend to use? Swanny Park: Please indicate the proposed dates and times of use• Proposed Start Date: Proposed End Date: Start Time: �L Start Time: Other (please indicate name of park. /pm End Time. /� Q� ai� amm /pm End Time. 1.L�"/pm 61'-l1;i. `Rt(L. Please specify what areas of the park are proposed for use• MP/S For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect. Number of spectators that you expect: 3, L'OD Please describe structures, tents, canopies, portable r strooms, etc. that you propose to set up t the ark: cAist-l-ufiki?re.k Will amplification be required for our event? . Yes No S+ret L Please specify any electrical needs for your event: -Troia, VDO Otte Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. I V C; Vol,r(t lrl Ides crib ��, k_. owih� p y y g If you anticipate any street closures for your event I ase escribe Mow, and show o t e accom an in diagram. Agenda LC>et Po/de r-D))4, Ill PLEASE COMPLETE OTHER SIDE Page 10 of 170 I Do you intend for the park to be open to the public during your event? Yes Signature of Contact Person: For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any,sec ity r crow c ntrol measures u Ian for,use of the park: I. v (1.� �(�,0Y ��r ar r)s For groups over 100 people, please describe your refuse control and recycling plan: -j orb r{ n 41t e c °I` T9,1/4141) 004 mks Please describe your clean-up plan during and after the event: TNAlx10(-1 -0,61(61 ),N9- i-tkv-knoleety6 don ttp Pleasescribe your restroom facility plan: J Onn r Other Information 1 Lti1�n�e V 6.1 m 107- Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the commTity: au4v ar' �C hpl,�Y0%- d 7f*51*-3 Cal (1.0)- 6 Y r. Please specify d describe other community or city facilities that you plan to use: iVOlqe, Have you applied for a Special Event Permit for this use? Yes Will you be able to provide proof of insurance, showing the City as an additional insured? Yes I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to is permit. Date•/ / / 7 Office Use Only Public Works Review: Police Department Review: Administrative Review. Park Use Fee: Date Fee Paid• Date of City Council Approval. Insurance Received: Final Set up Diagram Received• Special Conditions or Requirements: Other Required Permits and Approvals Agenda Page 11 of 170 uta/f/ I Swanny Park 4 Agenda 400 North Street Aquatic Center Outdoor Swimming Pools Playground Park Drive :.overed; BandsheN 6 Covered Picnic Tables 100 50 0 SCALE 3 Picnic Tables 0 100 200 1" = 100' Page 12 of 170 FEET To Main St. One Block p a.— I Swarmy Park O 400 North Sfreef i Aquatic Center Outdoor Swimming Pools nrs41. Playground cn J \\\\\\\\\\\\&\\\\\,_- 6 Covered Picnic Tables • • j a Park .0/ ve Agenda 1\ 100 5 N SCALE 0 100 200 „ l ��, FEET 1 of_ r:gkdgidW. 6/101 kg' To Main St. One Block m m 0 utv io SWaRly Palk 400 North Street Aquatic Center Playground Park Ori'Ve Reistr roorns �overech Bandsheh 6 Covered Picnic Tables 100 50 0 N SCALE 100 200 1"=100' To Main St. One Block FEET Agenda Page 14 of 170 jorigi aIt amp% PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Marine Group One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 610.617.7900 • Fax 610.617.7940 • PHLY.com 03/13/2013 Moab Rotary Club PO Box 222 Moab, UT 84532-0222 Re: PHPK991821 Dear Valued Customer: Thank you very much for choosing Philadelphia Indemnity Insurance Company for your insurance needs. Our first class customer service, national presence and A++ (Superior) A.M. Best • financial strength rating have made us the selection by over 150,000 policyholders nationwide. I realize you have a n WO �l choice in insurance companies and truly appreciate your business. (Ante, a. tc rG�f�Ce Caal a4- `i-rw C S64-46 GYau ��/��rG ('`c lid-tv &lifj, "764., ?(911W "7-11A' l�4, Vv'd ev) h( / /72, 404.& (3, 4,,t 4?Ifx, to6 I wish you much success this year and look forward to building a mutually beneficial business partnership which will prosper for years to come. Welcome to PHLY and please visit PHLY.com to learn more about our Company! 3tii#e?fq Concerns Sincerely, `47 f( Ad-za-Q-cd- Sean S. Sweeney President Philadelphia Insurance Companies SSS/sm 1phia Consolidated Holding Corp. • Philadelphia Indemnity Insurance Company • Tokio Marine Specialty Insurance Co • Maguire Insurance Agency, I Agenda Page 15 of 170 DATE PAID: AMOUNT PAID: RECEIPT NO.: I -L.0 -14 r.1co NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: /I vtg CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB (\ Jai At) TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: TYPES OF VENDORS PARTICIPATING IN EVENT: r7_,\� i*-\�Ik�) 1,t,�(NPV. EXPLAIN FEES GENERATED BY THE EVENT I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): 6 I; 0 " 1,) P to . C % 35" SPECIAL EVENT FEE: PLUS (CHECK ONE): RANSIENT ($90): OR El CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES. c900,06 $200.00 LICENSE #: ZONE: IailL a7/111"(mho NUMBER OF VEN/DOO S PARTICIPATING: if (arecA EVENT SPONSORS NAME: SPONSORS ADDRESS: Law,i(Vted .CI .2 12, SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP O CORPORATION PHONE: )rei—/Sl'c) CITY: al Ca10 STATE: k. ZIP: (6,f 3-‘3\ EVENT SPONSORS SALES TAX ID #: THER SPECIFY): NAME REGISTERED WITH THE STATE FOR TAX ID: DATE OF BIRTH: Rom w THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OFyA LICE WILL BBEry{ DELAYED. / INVE �l Xink )N I t VC&MI HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPON]SG)R). INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. 14/1 gnature of Sponsor State of Utah ) SS County of Grand ) /1 SUBCRIBED AND SWORIy tq before nne this i l day of pk-) Ov14147[I , /" %3 ate TARY PUBLI SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! KEITH BROOKS Notary Public State of Utah Comm. No. 604507 My Comm. Expires Jan 28, 2015 Agenda Page 16 of 170 Man 8u!du1S u!d sasse!8uns !awl@ill!p ft-OIL-108 017E178 in paelllM )6L 'M LE8 sassel8uns wopaaa3 s!ll!M pegO A 'sanbl.uy;6uejzzel#n 9ZEti8 in @MAIM! 19 x08 Od anlonno9 ovny anb!un aa3 aeuef sanb!luy Z06Z-Z96-SSL Et7068 AN at-luo!d SS x08 Od sanb!luy Aogmo0 aSioag pisu!paag sNuua sAADJO>pap 7L-1798-SE17 1E9178 in alOWI 3 =178 x08 Od slum aals!nnl sexal IelsAJD wanw poo3 aenbuap u 7.9-6SZ-SEti ZESV8 in geOIN H 'oS TL6Z uoai Buipuaig s,a!sns alsns aolAei poo3 ae!I!pesanb'.0-09Z-SEb ZESV8 in geoW 3nim 808 ell!goW elllpesanb analS lllaaean3 _lead luan3 e�saaluen;9-098-0Z6 OZZVS IM mmol!ue!AI IEZ 'S OSEZ sa!ydaig saalueA as!no-! lg Id tpoN poo3 ILZO-9E8-0ZS SE08-09Z ZEStiB in geOW S9Sx08 Od gno suon geoW aueZ aolAel an3 `aaleM 17Z8L-6SZ ZESti8 in geoW aO 1se3 LIZ aaaawwo0 jo aagweln geol\l ana#s Aanno1 oqd luan3 89L8-6SZ ZES178 in geoW ypaoN ZEE sToyS uol;uy anea 21,1!I@SS3 A pawed ZZZS8 Zd DualD eseO ) )saM L96 sinN inoge zlnN ALl e>I'S a>l!IAI qwei spas new -a ## auoyd d!Z aleIS Am ssaappy Auedwo0 aweN isa!3 aweN ise3 Page 17 of 170 r ca c a) Em Q CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: rM 1 oao'� FOR ZONING OFFICE USE ONLY PARKING: V / 87) 0E1 MOAB CITY CODE: IT01 • RAO SIGN PERMIT: eQ MOVED -ON NECESSARY: ❑ YES NO REQUIRES PLANNING\IliCOMMISSION APPROVAL ❑ YES NO REVIEWED BY ZONING ADMINISTRATOR: PHONE: DATE: I (.Y ' 1 CITY: f Y ILth STATE: ZIP: i NAME OF EVENT: yi1 VCGO QVA( i�/(. %�'�a o,' C6V Slik0 /1 1 ! LOCATION OF EVENT: S a lin�, JC/cti(L ii�1� T") ., ZONE: V Cl� `� DETAILED DESCRIPTION OF SPECIAL EVENT: CO6VY0 .4 i4 _._..c, _. �,.. _ ,.._ _ ... _ _ x...r�w�a.. •...-+ - •a ;•••...... „.:.'.:,.•...'b.- MaFtdkald:C•C.sl-UY:IS.94YYF4INWaAYr'JCAJAMRT.mfA:P Agenda Page 18 of 170 0 05 AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 28, 2°14 Agenda Item #: 6-3, 6-4, 6-5 [Title: Approval of Permits for Feast of the Mediterranean Fundraiser Fiscal Impact: No city services are needed to support this event. Staff Presenter(s): Donna Metzler Department: Administration Applicant: Canyonlands Community Recycling Background/Summary: The City Special Events Committee has reviewed the Special Event License and Class IV Beer applications for the Feast of the Mediterranean Fundraiser. We have conferred with the coordinator for the event and are of the opinion that all issues with the event have been adequately addressed. The event was held previously at the Grand Center (11/17/2012) and was the first approved event in City limits with Alcohol at a public facility. There were no issues with the previous event and staff is confident that event organizers will continue that trend. The Special Events Committee recommends approval of the Special Event License, Class IV Beer License and Local Consent of a Single Event Permit for the Feast of the Mediterranean Fundraiser for Canyonlands Community Recycling at the Grand Center on March 1, 2014. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of all items. Recommended Motion: "I move to approve (insert name of agenda item), subject to the conditions outlined in the Agenda Summary memo for this item." Attachment(s): Special Event License Application Class IV Beer License Application Local Consent of a Single Event Permit 1 D cc m Q JAAgenda Draft Documents\01-28-2014\Agenda Summary CCR Feast.docx Page 19 of 170 DATE PAID: AMOUNT PAID: RECEIPT NO.: q�� 1 8 (A--S- CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB 90,E SPECIAL EVENT FEE: $8C,OQ LICENSE #: ZONE: C NAME OF EVENT: OR ifk\I1 t ; 1V t (1'tS L�\i oriv jIA,' DESCRIPTION OF EVENT: �1,7n i i-c-4 S,rx3 d mylQC' LOCATION OF EVENT: GAraPiCk PREMISES TO BE USED: � t"•GGiT\ TEMPORARY STRUCTURES TO BE USED (IF ANY): 1\1 / A �cmctkncj tk 1`11-GA,1-efrckv‘eG1 \Rnace►611 r- C�� I Ik Moa6 mt cru F-� e r c iA h t-ZC-lt n DON \l it % 11V(, Moab 1 ti\c\ 1- DATE(S) AND TIME(S) OF EVENT: �iA1...) (q'�/,l� ,' V \('�!� �,/1 1'} , 9-04 \C,, rifyi ANTICIPATED # OF EVENT PARTICIPANTS: ij -h> c:C (., \‘ Q t\_\ Vic) kijS..) 0' ,1i , C ) "' VirG 4 eY S 1 !',:Ctli w\ Qvi!iy- LI�S�Z1�• Li�1�t(c EVENT SPONSOR'S NAME: `.. LIfq; UNAS �.�fY\1r� \�"� IViLk n/\ CC L�) t Q x"9 11i'Cl� `^ PHONE: (� 11' (80,1 -1-1E ��Q SPONSOR'S ADDRESS: Ft �K c(1-OrotkInci) kit E tGY�N C�� Jl(�� CITY POu(P� STATE: v� ZIP: �� SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: ' 7 J DATE OF BIRT1.. THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. t `\`- % \C"'_) INVE C.Ol coiCirti C 1v1 nuARZI.k./Liy^L . HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB LEASE PRINT NAME( ,, CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION ASPONSOR. Signature State of Utah ) ) SS County of Grand ) SUBCRI BED AND SWORN to before me this (c) day of NOTARY PUBLI • 2� 1/ Co /2! Uate �ct Yt l{,ct_r , a-oi JENNIE ROSS Notary Public State at Utah Comm. Na. 661521 My Comm. Expires Dec 11, 2016 t SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Agenda Page 20 of 170 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: EX1S`j'f tI ❑ YES 17i No ❑ YES � No DATE: ( �1 ' I at NAME OF APPLICANT: proemy�V\MOn,airIS COisAI ANtt V-QUJ'C_ VV) ((CO PHONE: I:k.-TkV(1 9)c APPLICANTS MAILING ADDRESS: To ?;701, Q� CITY: \IY\ 009 STATE: 0. ZIP: 04 ,) J12- NAME OF EVENT: LM1- ck-kVA. lY1(2.r\ e cvne.conA voc\ret‘ A5D Anywr -qic CLT, LOCATION OF EVENT: 6-Tr-Ana Coy-Oref Lei 114 5l1,-) `\.J + ZONE: CA DETAILED DESCRIPTION OF SPECIAL EVENT: A l Ack,cm t ne\ a \mar dii �r ( (9-...GM N. its 5 Q.%r\N Ail kcA vk ee 'ctVno_Dm - oA --t, cQ ;r0-,A, ii-S rx\Wo o(ex5i 1 _, , av\A V),(A\te \ \1/4N Q yAizom.wovwzh\- A 61(.02k\-)ancx. eve,. 16k1\ -6.\\A 1vJ\cvn c, sQsArymo Ai• \(--vtiprnyou\x)rt nn AAA0 AA o nh r arak fa (Ai c ll2-t Agenda Page 21 of 170 oe 2s SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER & STATE: DATE PAID: AMOUNT PAID: RECEIPT No.: CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB CLASS I FEE: O CLASS II FEE: O PRIVATE CLUB O CLASS III FEE: 0 CLASS IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: 7"\\61 a,1 �C.�'� (Ncrx rivvnDtro_eroc CeinyrI( nck LbrommAi eQuAcIItOME PHONE: 9A4-1-`g- 60% HOME ADDRESS: q J�4. C (�,p,.,�,, T►dBpKcil(�`,ttrt) CITY: A40000 STA E: ZIP: $I.�$'32 DATE OF BIRTH: BUSINESS INFORMATION BUSINESS NAME: Cave afIkanaS COvvwv+Vn1kA faAC�k•AC1 C(L�� SALES TAX ID# _ r BUSINESS ADDRESS; �? -a' /('�t 1 1 QtS} tob Nt;c�1n j BUSINESS PHONE: 14•3 - 2, to - Liciak BUSINESS MAILING ADDRESS: 1`v /2)OX 91 CITY: ' l VS) (Op STATE: 07 ZIP: Ns-6z WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE Cl CLASS I ❑ CLASS II In PRIVATE CLUB ❑ CLASS III CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ NO RYES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: *Seer application is for 3.2% by weight only. Also requires a State license. 09/2 Agenda Page 22 of 170 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH : ss COUNTY OF GRAND licant's Signature A\oi Sc 04 , being first duly sworn, on his/her oath deposes and sa That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this day of JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 Notary Public Agenda Page 23 of 170 CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description .of the proposed event: SakV OLUit AGRAA ls} t'yoly (P rn-1nQw, �� k�a. (Aroma CeAker (14�2 N 5t>hW , Moab, lSt gys32' Vects' �,� � '1N cl ii igranecm Vundlc3 oser -q5< Cap onbancls (xyvo vn, ire c1\CCCM r�-�ucv,OccaIstn � � � '� gdrat(' �� *AR, Wi toc CAvvtnwnt% �nnpar A4 c5c Atw�kton t Uvino likmss‘bn elfVVanG1n cstAA- knoaoilt'% �t 2,vv��r'hnertrI,� I.b040 CwtW�nv✓161 2. Please provide a floor plan or detai ed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; is &L. aikaclad Qtan 3. Please state the purpose of the association or entity conducting the event: CCr, 15 a ara fv,(\e«g-11 or lie t takton Aa dt coAtok -Vb Sec\An kkk WMkg.to (‘ f set. ()Move-) &roo v, publtt_ t� reuc�► ana Rcl v C��of, ah Cec�c\� and Walk r p rIAAAt,ot, a� k-kl � C,1� ��'�S as �u m��`3 r o1. we" � uL - 'Ytatr t y C lv�'rwn t� I,pot(wit 4. I Ao.k ,i1,, Ctc4 hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on ft(rIA \sic , starting at (0:6b PM, and located at Tk.(5lCana t P,Ar N tr")60w) for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: STOF UTAH COUNTY OF GRAND ) SS SUBSCRIBED AND SWORN TO BEFORE ME BY THIS DAY OF -Dart tear y on JENNIE ROSS Notary Public Stat. of Utah Comm. No. 661521 N My Comm. Expires oepiust c t t, 2016 �} b 115k. , I ,Sc.o-tf 1 I , DATE: 1 f f 201 4 ON NOTARY PUBLIC Agenda Page 24 of 170 NtAiaJ Agenda Page 25 of 170 T b,.etpetr S'7.(rAIS' i'PsA.r_ tsa yt vui&y6 . Nt I SI NGL E EVENT PERM I T L ocal Consent PURPOSE: Local busi nc sc licensing authority provides written consent to the Alcoholic Beverage Control Commission to issue en event permit to en organization for the purposes of storage, sale, offer for sale, furnish, or a low the consumption of an a canal i c product on the event premises AUTHORITY: Utah Code 32B-9-201 MAD [N City [ ] Town [ ] County Local busfloss license authority hereby grants its consent to the issuance of a single event permit I i cense to: Applicant Entity/Organization: Can0(46'41a5 COVVYWki�QC1 ACI\� Event location address: a ot! A Cm1AA-t r t va_K\ CJIccmoub kr( V` t 3).s. street atY n,, `tie zip On the 1�- days) of �r6A , 2V `1 da: morrth Year during the hours of *00Its " �,Q• OD, pursuant to the provision of Utah Code 32B-9. rr>� hours from to ` Authorized Signature Narne/Title Date This is a suggested format. A loodIy produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Sdt Lake City, UT 84130-0408 Single Event Local Consent (02/2012) Agenda Page 26 of 170 1 New Business 7-1 Consideration of Proposed Ordinance #2014-01— An Ordinance Amending The City of Moab Municipal Code, Chapter17.31, RC, Resort Commercial Zone and Specifically Amending the Sign Regulations In 17.31.040 (F)(2)(D), Freestanding Signs, with the Addition of Two Subsections 15 Attachment Index 1. Agenda Summary prepared for City Council for January 28, 2014 2. Ordinance 2014-01 (formerly Ordinance 2013-20) 3. Planning Commission Minutes — November 14, 2013 4. Planning Commission Minutes — December 12, 2013 5. Amendment Proposal Addendum provide by applicant 6. Copy of Holiday Inn Expansion Site Plan dated 8/7/12 showing the frontage road 7. Holiday Inn Express aerial photograph (prior to expansion) 8. Holiday Inn Express aerial photograph (post expansion) 9. Holiday Inn Express Access Road Area aerial photograph with contours showing changes in elevation for the general area (Contours shown at ten foot intervals) 10. Holiday Inn Express Entrance aerial photograph with contours showing changes in elevation for the Holiday Inn Express property (Contours shown at one foot intervals) 11. Photographs of the Holiday Inn Express and Aarchway Inn properties, including frontage road 12. City of Moab/Grand County North Corridor Gateway Plan (as adopted April 4, 2001) 13. Ordinance #2002-04 implementing the Gateway Plan by the adoption of the RC, Resort Commercial Zone District — Labeled as Exhibit D and Exhibit E showing the intent and objectives of the RC Zone 14. Ordinance #2002-04 implementing the Gateway Plan by adoption of the RC, Resort Commercial Zone District — in its entirety 15. Copy of the presentation made by the applicant at the November 14, 2013 Planning Commission public hearing (Technical difficulties prevented the applicant from making a PowerPoint presentation) 16. Copy of the PowerPoint presentation made by the applicant at the December 12, 2013 Planning Commission public hearing. 17. Written public comments provided by the applicant during the Planning Commission public hearing Page 27 of 170 AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 28/ 2014 / AGENDA ITEM #: 7-1 G1TY o� r St MOAB PL-14-001 Title: Consideration of Ordinance #2014-01 (Formerly #2013-20), a Moab Municipal Code Text Amendment Amending Chapter 17.31, RC Resort Commercial Zone by Adding Text to the Freestanding Sign Regulations Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Applicant(s): Owner, Jim Koehler as Moab Lodging, LLC represented by Denise Dragoo, Attorney, and Jeremy Day, Manager Background/Summary: Mr. Koehler owns the Holiday Inn Express and has concerns about the signage for his hotel. There are numerous issues that have been raised about the properties in this area that are further discussed in the Additional Information below. Some of the concerns include: Size and configuration of the UDOT R-O-W; The location of the property; The difference in the elevations of the Holiday Inn Express property and HWY 191. Mr. Koehler is proposing a text amendment that will add two additional sections to Chapter 17.31.040 Subsection F, Signage, 2.d, Freestanding Sign, that will increase the sign area for specific locations in the RC (Resort Commercial) Zone. The proposed amendment would be applied to those properties and or signage that are: 1. Located a distance of more than 50 feet "from the road in which they are addressed", and 2. The sign is located below road grade. To address these two situations the proposed text amendment looks to increase the size of the signage to: 1. No more than 110 square feet, and 2. Have a maximum height of eight feet above the road grade "which the business is addressed." The Holiday Inn Express fronts on a private frontage road that is adjacent to the UDOT right-of-way. The current code requirements for freestanding signs limit sign height and area in two ways: internal illumination and external illumination. The text in 17.31.040F.2.d ii states: D csa m Q Page 28 of 170 "...All free-standing signs shall: i. Be monument -style; i.e. mounted on a base (above grade) of wood, brick or stone, which is detached from any building, and built with continuous background surface from the ground up; ii. Be limited to a maximum height of eight feet, a maximum width of ten feet, and a maximum square footage of twenty-four square feet; ... however, where such a sign is not internally illuminated the maximum square footage shall be forty square feet; iii. Be placed within a landscaped setting containing not less than one hundred twenty square feet; iv. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design; and v. Identify the principal land use on site with one such sign per street frontage; The proposed text amendment in Ordinance #2014-01: o Does not identify if the allowed size of 110 square feet is internally or externally illuminated; o Will allow an overall sign height of about 16-18 feet if located on the current location of the existing Holiday Inn Express freestanding sign; and o Will allow all types of freestanding signs to be constructed to the new height, unknown illumination and size standards. The Planning Commission held a public hearing on this proposed ordinance at their meeting on November 11, 2013, and was extended to the meeting of December 12, 2013. The Commission heard both the staff presentation and the applicant's presentation and subsequently voted 3-0 to refer the application to the Council with an unfavorable recommendation. Additional discussion of the meeting is contained in the Additional Information below. Options: The City Council may: 1. Adopt Ordinance #2014-01 as written; 2. Adopt Ordinance #2014-01 with changes; 3. Vote to not adopt Ordinance #2014-01; 4. Postpone the application until a later date and request additional specific information; or 5. Establish a date for a public hearing. Staff Recommendation: Staff agrees with the Planning Commission and recommends against adoption of the ordinance. Code Chapter 17.04.070 states, "it is the burden of the applicant to provide "good cause" to support a proposed text amendment" and goes on to state, "... amendments to the Land Use Code are committed to the sound discretion of the city council". D ca cm m a. m Page 29 of 170 Within the section there are eight criteria that Council uses for review in determining the validity of the proposed amendment. Those are listed below with staff comments following. A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? Pertains to amendments involving the types of uses in zones and does not apply in this case. B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the city's general plan? Pertains to amendments involving the types of uses in zones and does not apply in this case. C. Is the amendment consistent with the policies and goals of the general plan? As noted in the background, the North Corridor Plan was adopted as an addendum to both the Grand County and City of Moab General Plans. The proposed text amendment to increase the signage is not consistent with the General plan. D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? The increase in size and elevation of the signage will impact the western view of the valley and especially The Portal. E. Is it in the public interest to approve the proposed amendment? Approval of the ordinance has no benefit to the public but will favor a single business owner. F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? The amendment does not provide opportunities for redevelopment. G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? Other options for development are not being provided by this text amendment. H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? The amendment is inappropriate when the remaining amount of developable property in this zone is considered. During the past 6-8 months, renewed interest has been shown in development of undeveloped properties along this stretch of HWY 191 between the Colorado River and 500 West. While the applicant has pointed out the non -conforming sign of the Aarchway Inn (constructed in 1998) as a reason for the signage to be increased on his property, any other development will be required to meet the standards established by the RC Zone. The development standards for the RC Zone were established to create a unique zone for a different feel of the entry corridor into the city. This proposed text amendment will dilute the intent and the results of the joint effort it took to create a distinctive appearance. It is recommended that the City Council vote to not adopt the ordinance. This is done by making a positive motion for approval, and then voting against the motion. D ca cm m a. m Page 30 of 170 Recommended Motion: I move to adopt Ordinance #2014-01 Attachment(s): Narrative/draft language Staff Aerial Site Plan Photos Exhibits Draft Ordinance #2014-01 Copy of Applicant's December 12, 2013 PowerPoint presentation Copy of letters submitted by employees Photos of Staff Exhibits Additional Information As noted above, Mr. Koehler owns the Holiday Inn Express and has concerns about the signage for his hotel located in the Resort Commercial (RC) Zone. The property was developed in 2003, and is located on a frontage road that is adjacent to the UDOT right-of-way for HWY 191. The distance from the hotel parking area to the west right-of-way property line is roughly 100 feet. The right-of-way does not run completely parallel to the existing frontage road and drifts toward the northeast away from the asphalt by about ten feet. The hotel is accessed using a driveway either on the north end or the south end of the frontage road that is located in an access and utility easement through private property. The city has been working with the property owners adjacent to the road for some time to obtain a dedicated city street right-of-way, but this has not yet taken place. The frontage road is constructed an average elevation of approximately ten (10) feet below HWY 191. (Exhibit A) The front of the hotel is located at about 8.5 feet below the frontage road. The applicant feels that there is an issue of visibility for his business and cites recent complaints from guests about not being able to find the hotel. The complaints apparently have been registered since the construction of the 40-room addition to the existing structure on the site since staff has not receive any comments from hotel management prior to the addition. PLANNING COMMISSION SUMMARY. The issue of the elevation difference was discussed at the Planning Commission meeting and the applicant's attorney, Denise Dragoo, pointed out what they feel are additional unfair advantages that an adjacent hotel has over the Holiday Inn Express. Ms. Dragoo discussed the signage on the adjacent Aarchway Inn property as an example of the unfairness that is being faced. The Aarchway Inn has an illuminated sign that does not meet the twenty four square foot maximum size requirement for internally illuminated signs. The sign is also taller than the maximum height of eight feet. This is the single freestanding sign that is located directly on the Aarchway Inn premises and no wall signs exist. In addition, the sign is not eight feet "above the road grade which the business is addressed." It is important to note that the Aarchway Inn was constructed in 1998, prior to the adoption of the "Gateway Plan" by Moab City and Grand County. The zoning and sign regulations in place at the time of D ca cm a. Page 31 of 170 construction of the Aarchway Inn were significantly different than the rules and regulations of the "Gateway Plan" and allowed for much larger freestanding signs. In contrast, the Holiday Inn Express has a free-standing sign that does not meet the code requirements to: 1. Be a monument -style; i.e. mounted on a base (above grade) of wood, brick or stone, which is detached from any building, and built with continuous background surface from the ground up; 2. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design. Interestingly, the Holiday Inn Express sign is about 18 square feet, roughly six square feet less in size than the twenty-four square feet allowed for an internally illuminated sign. Also, the sign company "mock up" showed dimensions that equaled 75.5 square feet for the proposed sign and not 110 square feet. Additionally, two wall signs have been constructed on the Holiday Inn Express in addition to the freestanding sign. There is a wall sign located on the canopy above the front entry and a one on the east facing wall. (See attached photos) Only one wall sign is allowed per use. The Holiday Inn Express signs that exceed the code requirements were allowed by a 2004 district court ruling that was the outcome of a lawsuit that Mr. Koehler directed at Grand County in 2003. Aarchway does have two small illuminated signs at the entries to the frontage road that are 30"W X 38"H, and a billboard style sign that specifically states that to reach the Aarchway Inn, a guest must "Turn here". (See photos) The small signs are considered directional signs and have specific standards under another code section. The applicant could also have this type of directional sign. Staff performed a drive -by of the property and concluded that the issue is not the size of the sign but the lack of good directional signage. There are other options that the applicant should explore: 1. Contact UDOT and ask what would be allowed that is similar to Aarchway at the southern turn onto the frontage road. Currently, the access is overshadowed by the very large billboard advertising Redstone Inn. 2. Contact UDOT and ask what is available for installation in the right-of-way. Perhaps a state sign can be used to point to the frontage road. History of the RC Zone Because of concerns over the types of development along this primary north entry into the city and county seat, the City of Moab and Grand County collaborated and developed Moab/Grand County North Corridor Gateway plan or "Gateway Plan". The Gateway Plan was adopted in 2001 by the city and Grand County as an addendum to the respective General Plans, and served as the managing document for county development in the corridor until the 2008 annexation into the municipal boundaries. It still is used for development design beyond the city limits. The hotel was approved in 2002 and constructed in 2003 while still in unincorporated Grand County. The Gateway Plan was reviewed by the Moab City Planning Commission on April 11, 2002, and became the RC (Resort Commercial) Zone on July 9, 2002. The North Area Annexation properties were zoned RC at the time of the annexation in 2008. D csa m m Q su Page 32 of 170 Sometime between the completion of construction of the hotel in 2003 and the 2008 annexation, Mr. Koehler sued the county because of the wall sign regulations. Staff is unaware of the details of the suit but the judge ruled in Mr. Koehler's favor and allowed an increased amount of signage beyond what had been duly adopted. The attached photos in Exhibit B show the current signage on the property. A review of the intent of the Gateway Plan is an important element for the evaluation of this application. The properties that were affected by the plan are located within 500 feet of HWY 191. It was applied to the lands in the corridor from the Arches National Park entrance to the City Limits prior to the north area annexation. It also encompasses the Atlas properties, a portion of HWY 128 to include the Transportation Hub, and the north side of the Colorado River toward the east. Creation of the Gateway Plan was not taken lightly because the city and county desired for development in the corridor to have a "lasting impression" that was visually distinct from other gateways. This is spelled out in the first paragraph of the introduction and under the heading Community Identity and Vision Statement (Exhibit C). This vision and desire for an improved unique entry into the county and city carried over into the RC Zone. Ordinance #2002-04 (Exhibit D) states, "WHEREAS, the Inter -local Agreement [between Moab City and County] was established for the purpose of ensuring that the same land uses are allowed and in the same development standards apply to all development in the North Corridor, regardless of the jurisdiction in which development occurs and to this end included the following goal: Development of a uniform set of zoning standards, including design standards, to be adopted by both jurisdictions." The wishes of the city and the county in adopting the Gateway Plan were carried over into the Grand County Land Use Code and into the Moab Municipal Code Section 17.31.010, Objectives and characteristics: "The RC, Resort Commercial District is intended [to establish] site design concepts that implement the Moab/Grand County North Gateway Plan ("Gateway Plan"), an amendment to the city of Moab General Plan. The district is designed to create a positive first impression of the city of Moab and Grand County and to encourage mixed residential and commercial development, including resort guest - oriented and local -oriented commercial uses in an urban setting. In addition to the use and area regulations of this section, development in the RC, Resort Commercial Zone shall be in compliance with all other applicable provisions of this code...."(Exhibit E) The Gateway Plan/RC Zone extends to the north beyond the boundaries of the city limits and will be applied to all development in the areas described in the Plan. The development standards are key to an attractive entry and the attached proposed changes are excessive. There are other properties that will have to meet the code requirements and there is very recent interest in development on properties in the north corridor. Staff does feel that a thorough review of the regulations is needed by the Planning Commission but considers that the proposed language in the attached draft ordinance is inadequate to ensure the desired results of the zone. The language is also vague and would likely cause confusion in interpretation and enforcement. jAagenda draft documents \01-14-2014\p1-14-001 rc sign text amendment.docx Page 33 of 170 DRAFT ORDINANCE #2014-01 (Formerly #2013-20) AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.31, RC, RESORT COMMERCIAL ZONE AND SPECIFICALLY AMENDING THE SIGN REGULATIONS IN 17.31.040 (F)(2)(d), FREESTANDING SIGNS, WITH THE ADDITION OF TWO SUBSECTIONS WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, the City adopted the Moab/Grand County North Corridor Gateway as a General Plan Amendment in March 2006, to present the community vision regarding land use preferences and development design standards related to streetscape appearance, rather than to specific architecture; and WHEREAS, James P. Koehler, dba Moab Lodging, LLC, P.O. Box 15, Aberdeen, SD, 57402- 0015, as owner of the property located at 1653 N. HWY 191 (Main Street), Moab, UT, has through his agent applied for a code text amendment as allowed under Chapter 17.04, Zoning Map Amendments and Text Amendments; and WHEREAS, Mr. Koehler has found that the signage requirements of 17.31.040 (F)(2)(d)are inadequate for his needs; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on November 14, 2013, met to hear testimony and determine the merits of the changes to Chapter 17.31 of the Moab Municipal Code; and WHEREAS the Commission voted to recommend/not recommend that Council adopt the amending language and that adoption of Ordinance #2013-20 is in the best interests of the citizens of Moab; and, WHEREAS, the Commission found that the proposed changes to said code chapter would benefit the businesses located in the RC Zone; and WHEREAS, Council reviewed the code amendment and the recommendations of City Staff and the Planning Commission and found that the amendments to the code are in the best interests of the City and residents. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2013-20 is hereby adopted to amend the Moab Municipal Code, Chapter 17.31.040 Section F, Signage, Subsection 2.d, Freestanding Signs, with the following new paragraphs vi and vii: 17.31.040 F.2 d. Freestanding Signs. All free-standing signs shall: Page 34 of 170 DRAFT i. Be monument -style; i.e. mounted on a base (above grade) of wood, brick or stone, which is detached from any building, and built with continuous background surface from the ground up; ii. Be limited to a maximum height of eight feet, a maximum width of ten feet, and a maximum square footage of twenty-four square feet; provided, however, where such a sign is not internally illuminated the maximum square footage shall be forty square feet; iii. Be placed within a landscaped setting containing not less than one hundred twenty square feet; iv. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design; v. Identify the principal land use on site with one such sign per street frontage; vi. In locations where the property line of a business and the location of its sign is more than 50 feet from the road in which they are addressed the maximum sign area shall not exceed 110 square feet; and vii. In areas where the sign location is below road grade the sign height shall be limited to eight feet above the road grade which the business is addressed. Passed and adopted by action of the Governing Body of the City of Moab in open session this day of , 2013. City of Moab Attest: Rachel Stenta City Recorder Mayor David L. Sakrison p:\planning department \2013\ordinances \ordinance 2013-14 industrial uses.dacx Page 35 of 170 MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: NOVEMBER 14, 2013 :: Members Present: Members Absent: City Staff: Public Members: Jeanette Kopell, Laura Uhle, Kelly Thornton, Joe Downard, Wayne Hoskisson (arrived at 7:02 pm) None Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson 5 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah Planning Commission Chair Kelly Thornton called the meeting to order at 7:00 pm. 1. Planning Commission Workshop — 6:30 Planning Commission members did not hold a workshop this meeting. 1. Citizens to be Heard There were no citizens to be heard. 2. Action Item Approval of Minutes: October 24, 2013 Commissioner Kopell moved to approve the minutes for October 24, 2013 as written. Commissioner Downard seconded the motion. The motion carried 4-0 aye. 3. Action Item — Planning Resolution 17-2013 A Resolution Conditionally Approving a Commercial Site Plan for the Construction of an Addition to the Aarchway Inn at 1551 US HWY 191 in the RC, Resort Commercial Zone Commissioner Kopell moved to approve Resolution 17-2013 with the conditions listed in the resolution. Commissioner Downard seconded the motion. The motion carried 5-0 aye. 4. Public Hearing — Proposed Ordinance 2013-20 An Ordinance Amending the City of Moab Municipal Code, Chapter 17.31, RC, Resort Commercial Zone, and Specifically Amending the Sign Regulations in 17.31.040(F)(2)(d), Freestanding Signs, with the Addition of Two Subsections Denise Drague, Attorney for Jim Koehler, made a presentation regarding their application. She submitted a packet containing documents and photographs to the Commission to support their application. D m CD b City Planning Commission, Minutes a ting, November 14, 2013 S1 Page 36 of 170 Page 1 of 2 Jeremy Day, Hotel Manager, addressed the Commission regarding complaints from hotel guests about difficulties finding the hotel in support of their application. Commission Chair Thornton opened the public hearing at 7:34 pm Randy Day spoke in favor of the proposed text amendment. He feels that there are inequities in the Resort Commercial zone and feels that a larger sign allowance would be appropriate. He also stated that there should not be a second review process for signs. He feels that signage should be included in the approval of the site plan without going through a separate sign permit process. He also stated that the sign code should be clearer, straightforward, and fair to all businesses. He stated that he was the Chamber President and he has received complaints from business owners about the strict sign code regulations. He urged the Commission to look at the inequities in the code and work through the process in order to create something unique for the area. Commissioner Kopell moved to continue the public hearing until the next Planning Commission meeting on December 12, 2013. Commissioner Hoskisson seconded the motion. The motion carried 5-0 aye. 5. Action Item — Proposed Ordinance 2013-20 Recommendation to City Council An Ordinance Amending the City of Moab Municipal Code, Chapter 17.31, RC, Resort Commercial Zone, and Specifically Amending the Sign Regulations in 17.31.040(F)(2)(d), Freestanding Signs, with the Addition of Two Subsections Due to the continuation of the public hearing, Commission members did not take action on proposed Ordinance 2013-20. 6. Future Agenda Items Commission members held a discussion regarding the proposed changes to the Resort Commercial zone. They felt it would be important to discuss signage related to the highway grade. Commissioners expressed concerns about the frontage road and visibility. They wanted to explore the potential impact of the code changes to existing properties and new developments in the Resort Commercial zone. Commission members held a brief discussion about future agenda items. Adjournment Planning Commission Chair Thornton adjourned the meeting at 8:04 pm. D cc m 7 o. S1 b City Planning Commission, Minutes ing, November 14, 2013 Page 37 of 170 Page 2 of 2 MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: DECEMBER 12, 2013 :: Members Present: Members Absent: City Staff: Jeanette Kopell, Kelly Thornton, Wayne Hoskisson Laura Uhle, Joe Downard Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson Public Members: 8 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Planning Commission Chair Kelly Thornton called the meeting to order at 7:01 pm. 1. Planning Commission Workshop — 6:30 Planning Commission members did not hold a workshop this meeting. 1. Citizens to be Heard There were no citizens to be heard. 2. Action Item Approval of Minutes: November 14, 2013 Commissioner Kopell moved to approve the minutes for November 14, 2013 as written. Commissioner Hoskisson seconded the motion. The motion carried 3-0 aye. 3. Public Hearing — Proposed Ordinance 2013-20 An Ordinance Amending the City of Moab Municipal Code, Chapter 17.31, RC, Resort Commercial Zone, and Specifically Amending the Sign Regulations in 17.31.040(F)(2)(d), Freestanding Signs, with the Addition of Two Subsections Commissioner Thornton opened the public hearing at 7:05 pm. Denise Drague, Attorney for Jim Koehler, showed a powerpoint presentation in support of their application which included photographs of the existing sign as well as renderings of the proposed sign if the text amendment was approved. A paper copy of the presentation was submitted as part of the meeting record. Jeremy Day, Hotel Manager, addressed the Commission regarding complaints from hotel guests about difficulties finding the hotel in support of their application. He stated it is really not a nighttime problem but more of a daylight time problem when guests want to check in, drop off their stuff and go out and see the rocks and go play. He stated when guests are coming into the valley they are not looking down the hill for a sign. They are looking at the valley and with the speed limit being 45mph it's harder to see the turn and a larger sign would be a huge b City Planning Commission, Minutes ing, December 12, 2013 Page 38 of 170 Page 1 of 2 upgrade for them and make a more pleasant experience for their guests. Mr. Day said they were not proposing anything gaudy or Vegas -style it would just be something a little larger and a little more visible than what exists. Mr. Day also submitted written comments from Holiday Inn employees Carol Gough, Thu Thuy Woodard, and Wanda Costanza. Dianne Walker stated that she is a local resident of Moab and isconcerned about this proposal because there is a long history of this Gateway Plan. She stated it was adopted by both the City and the County as part of the General Plans or Master Plans and she thinks it's worth protecting this Gateway Plan and feels this proposal is a large jump and big change in the plan and it needs to be thoroughly studied and reviewed and to just change it for one business seems like a radical departure for what the plan was designed to be, which was to protect view sheds and the area entering into Moab so you could see the valley and the see the surrounding beauty and it wasn't overwhelmed by signage. She stated she realized there are older signs that are grandfathered in but what they were trying to do was create a future plan that was worth developing that would enhance the town as a whole and the business sector at the same time. Mrs. Walker stated that she is opposed to the change to the sign regulations. Commission Chair Thornton closed the public hearing at 7:28 pm. 4. Action Item — Proposed Ordinance 2013-20 Recommendation to City Council An Ordinance Amending the City of Moab Municipal Code, Chapter 17.31, RC, Resort Commercial Zone, and Specifically Amending the Sign Regulations in 17.31.040(F)(2)(d), Freestanding Signs, with the Addition of Two Subsections Commissioner Hoskisson moved to send Ordinance 2013-20 to the City Council with a recommendation to not add the language to the zone at this time. Commissioner Kopell seconded the motion. The motion carried 3-0 aye. 5. Action Item — Planning Resolution 18-2013 A Resolution Approving, without Conditions, an Amended Commercial Site Plan for the Construction of an Elevator and an Addition to the Lobby of the Moab Valley Inn at 711 S. Main in the C-4 Commercial Zone Commissioner Kopell moved to adopt Planning Resolution 18-2013 approving, without conditions, a commercial site plan for the expansion of the Moab Valley Inn and the addition of an elevator. Commissioner Hoskisson seconded the motion. The motion carried 3-0 aye. 6. Future Agenda Items Commission members held a brief discussion about future agenda items. Adjournment Planning Commission Chair Thornton adjourned the meeting at 8:04 pm. n ua 0 7 o. S1 b City Planning Commission, Minutes ing, December 12, 2013 Page 39 of 170 Page 2 of 2 Agenda Amendment Proposal Addendum 17.31.040F.2.d. We would like to propose added TEXT am.endm.ent or provisions / conditional use provision(s) to Chapter. 17.31 RC RESORT COMMERCIAL ZONE subpart 17.31.040 —SPECIAL PROVISIONS F. SIGNAGE 2.- d. FREESTSANTING SIGNS The current code limits freestanding sign height and area in part 17.31.040F.2.d "Be limited to a maximum height of eight feet, a maximum width of ten feet, and a maximum square footage of twenty-four square feet; provided, however, where such sign is not internally illuminated the maximum square footage shall be forty square feet;" The proposed amendment would add the following provisions (vi & vii) for businesses which are compromised by proximity or topography. vi. In locations the property line of a business AND the location of its sign is more than 50 ft. from the road in which they are addressed the maximum sign area shall not to exceed 110 sq. ft. vii. In areas where the sign location is below road grade the sign height shall be limited. to eight feet above the road grade which the business is addressed. This amendment is an important update due to the unique location. of this business, and others on this access which is at a disadvantage located on an access road below the addressed roadway. Requiring travelers to locate the access roadway after they have passed the businesses address. The proposed change will assist in the safe arrival of weary travelers both day and especially at night in locating their accommodations where the address and location may cause confusion. A larger sign would aid in. its' location and would also still comply with the Land Use Code by having a significant set back from the roadway.. Those that have stayed at this location have expressed difficulty locating the hotel and express frustration with the lack of signage. This sign the business is proposing for the with the amended code alert drivers of the upcoming driveway.. The current signage is appropriate only for drivers who are already on the access road not those looking for the access road. This amendment to the code would not detract from the Land Use Code that applies to signs that are located on or near the roadway, only those that are located more than 50 ft away from and or below the road, upholding the general objectives of the Land Us Code and providing way finding to businesses that have a significant set back or significant change in elevation.restrictions. Page 40 of 170 I LECEND • FOUND 5/8' REBAR MATH PLASTIC CAP SET BY BY THIS SURVEYOR N SURVEY OF 5-89. a 5/8" REBAR rani PLASTIC CAP SET THIS SURVEY FOUND GOVERNMENT BRASS CAP NOAAENT EASTNG FIRE HYDRANT O TELEPHONE PEDESTAL UGHT STANDARD O CLEAN-OIt © SEPTIC SYSRII MANHOLES WATER um NEYBOX UTIuTY POLE MTH oVERIEAD LINE(S) i — TREE- COWER Min APPROX. CAUFER v TREE- DECIDUOUS WON APPROX. CALIPER MTH APPROX CALIPER ��I�III PROPOSED LANDSCAPED AREA ,��„li,,7 PROPOSED CoNCRETa SIDEWALK AREA LFALYY FRkO Slav 17W) TO ES REMOVED ITTF) TRANSmON GUTTER AROUND CURVE SPILL CURB AND GUTTER ALONE NORTH SIDES OF NU MMO LOTS UNLESS OTHERWISE NOTED IF X NW FARMING' STALLS DELINEATED WITH 3• WROTE LINES (TYP) PAINTED PEDESTRIAN AISLE TIUMSTON GUTTER AT CORNER TOP OP POND /WRAP CI OAL920 pLv 1107t.ry . II YAAFAYF NIP/ O I I MIA, a, J5- A ASP CAP I I Slave aBay.19648 (SEE NOTE I Ie, / i ��_eJ � NN �ryV S 0 Mew what's baling, I: a�Ca0811balm pude. BLUE STARES OF UTAH UPIPOINNIGRO 1 WPM, AK. JYnvLY.hN«• 2.1111 a,y `, I-EOO66Yd111 BEAR TRANSITION aurrea f ACROSS CONCRETE WATERWAY (BOTH SIDES) TO m RELOCATED (SEE ARCH. PLANE) DO Moab Holiday Inn Expansion Site Plan ARaP.;GYtr aJA7C.11.7 If. LY 16'CKP- Mrfr aPAmeJP7AO 11-,707.5 G rB' AO°P SRWv LRAM' ARK OUT -..97G. TO BE REMOVED STANDARD CURB AND GUTTER SPILL CURB AND GUTTER PLANJN6:5• A:Y) LAROSL•AP,NG am/IRHLS WNW LYLQY/OOV AREAS (SEE NOTE 2) GRAPHIC SCALE 0 GS 80 BO ( IN FEET ) Revisions: Page 41 of 170 v n. lORA • Mr FAS..FNI (Gf.I9v POI59.) AF�.O- \ �O P \ FyM A¢ d%61y yToc SPILL CURB PAM GUTTER SWUM° EXPANSION (SEE ARCH. PLANS) MATCHED A.YCA /S S RAM/NA MP ZAPF OP aPAWAOF FASFYFNr AV FAN]P AC&MP OlY/bH:391 i4^APJ-APJ1 ANO PIA7 RAMP LAVE AYK'1vr.W FANOP a'YOW a/Y /BY.+6I PG TN EXLEPOVM'S/HDmS p0 A. 17 l /7 F! ROE PDIKH CATS &anew //aco., PG I59/ HOrF/FRV 7VOY\ O, �/ 4 ,�/ ��,,p6000, 00 � rErLNAVF.TDPNRZ' Humps P,IBFrHm STOW �eHroPf MOW?, 96N EASEPX-H7 045.18 PGJ17/ BBaEBAL SLIM T. CONTRACTOR TO REMOVE SEPTIC TANKS AND PREPARE ABANDONED LEACH FIELD PER THE OEOTECNNICAL REPORT RECOMMENDATIONS. 1 EXISTING PLANTINGS AND OTHER LANDSCAPING MATERIALS MAY BE RELOCATED. Six LANDSCAPING PLANS FOR DETAILS. 3. EXISTING' PARIUNG SPACE COUNT LABELS ARE AFTER THE EXPANSION 18 COMPLETE. 4. SEE DEMOLITION NOTES S. CONCRETE SIDEWALK IS E IN WIDTH UNLESS OTHERWISE NOTED. S. OPEN CHASE SHOULD BE CONSTRUCTED PER SECTION H OF THE SIDEWALK CNABE DETAIL 7. REMOVE THE EL B. PVC FOND OUTLET PIPE OR PLUG BOTH THE INLET AID OUTLET (WITHIN THE MANHOLE) ENOS PRIOR TO BURYING THE PIPE SUBMIT THE METHOD OF PLUOGIMO TO THE ENGINEER FOR APPROVAL PRIOR TO PERFORMING THE WORK. REMOVE AND STOCKPILE RIPRA►. AFTER FINAL GRADING OF THE POND, RECONSTRUCT EMERGENCY SPILLWAY TO SPECIFIED OIMENSIOND (SEE GRADING AND DRAINAGE PLAN). DPsxal maw POI PR, 1. FOR LIMITS OF DEMOLITION, BEE POINTS IN GRADING AND DRAINAGE FLAIL 1 ASPHALT AND CONCRETE ARE TO BB SAWCUT TO CLEAN, STRAIGHT EDGES WHERE SHOWN. 3. SIDEWALK IS TO BE REMOVED TO THE CLOSEST JOINT (LIMITS SHOrN IN THESE PLANS ARE APPROXIMATE). t DEMOLITION ITEMS INCLUDE HAUL OFP AND PROPER DISPOSAL BY TNS CONTRACTOR. Date: 09107/12 Drawn By. SP CherAed By. JP Fila Path: CJPROJECTSIMOAB HOLIDAY INN PRELIMINARY SETEng/Weering, LLC 150 Roe1pdM Drive Sutte F Durango, CO 81301 970-403-5088 SHEET 2OF6 Holiday Inn Express N 1 inch = 100 feet 0 25 50 100 nzmzsm Feet Page 42 of 170 I M r4 M I Mt I, 1 Legend ccity umits 5 ft. Contours 25 ft. Contours 100 M. Contours Holiday Inn Express Access Road Area N 1 inch = 200 feet 100 200 400 Feet Page 44 of 170 (Legend city LJmW 1 ft. Contours1 5 R Contours 25 ft. Contours 100 ft. Contours Current ROW Easement Holiday Inn Express Entrance N 1 inch = 40 feet 0 20 40 80 Feet Page 45 of 170 Page 46 of 170 Agenda Agenda > co m = o_ ri) Page 48 of 170 > co m = o_ ri) Page 49 of 170 > co m = o_ ri) Page 50 of 170 > co m = sx su Page 51 of 170 EDSTONE INN JouOFTon Moats Best Deal, • VOLE Of TOWN Moafis Best Deal Free Internet • Kitchenettes • Picnic Dill Noab's 41 location for adventure travel 435.259.3500 Page 52 of 170 *Or.< • - • - _1! ‘Amr,1"‘ • ..;0171- co o_ Page 53 of 170 n cm m 7 o. S1 Page 54 of 170 CITY OF MOAB/ GRAND COUNTY NORTH CORRIDOR GATEWAY PLAN I. INTRODUCTION The natural environment and the character of development along the Highway 191 "North Corridor" entrance to the City of Moab provide visitors with their first and lasting impressions of the Moab/Grand County community. Therefore, the type and style of permitted development is of concem to all citizens. This Plan presents the community vision regarding land use preferences and development design standards related to streetscape appearance, rather than to speck architectural design. Authority The Utah Code authorizes cities and counties to plan their communities as provided in Title 10 and 17, respectively, of the Utah Code Annotated 1953, as amended, and more specifically in: Municipalities Title 10, Chapter 9, Land Use Development and Management, Utah Code, which was revised in 1991 and became effective on July 1, 1992 Counties Title 17, Chapter 27, Land Use Development and Management, Utah Code Applicability The North Corridor Gateway Plan applies to lands along Highway 191 North as shown on the map below, including but not limited to: (1) Lands within 500 feet of the highway; (2) Parcels or portions of parcels with highway frontage between the entrance to Arches National Park and Moab city limits; and (3) The Atlas properties. The Plan shall not be interpreted to support additional development on lands with slopes in excess of 30% or on top of the surrounding escarpments City of Moab/ Grand County North Corridor Gateway Study Area MOAB/GRAND COUNTY NORTH CORRIDOR GATEWAY PLAN April 4, 2001/ PAGE 1 Agenda Page 55 of 170 Exhib I. Introduction Why Plan? Land use planning is a means of achieving community goals through citizen participation and rational decision - making, consistent with a desired community image. It is fiscally responsible to base public and private finance decisions on land use planning. Both public and private investment can yield greater benefits where there is an orderly, reliable program for development. The North Corridor Gateway Plan is intended to provide guidance for investment decisions that must be made by UDOT, local service providers, and individual landowners. Planning occurs with or without a coordinated, community planning effort. All land use decision -making, whether accomplished by individuals or as a community, constitutes "planning" — these decisions affect everyone in the community. Planning affects people's homes and investments, their peace and enjoyment, the cost of living, and overall quality of life. With effective, coordinated planning, a community can achieve its preferred future. Without effective, coordinated planning, the future of a community is determined solely through individual decision -making that may seek to achieve personal goals without necessarily considering community interests or those of the neighbors. The Planning Process The North Corridor Gateway Plan was developed based on the results of a corridor planning study, completed through and intensive, two-day public participation process — October 25-26, 2000. Consultants Charles Zucker, an Urban Designer from Washington, D.C., facilitated the project with assistance from Gene Moser of the Utah Local Govemments Trust and Richard Grice of Four Comers Planning. The Consultants used urban design processes and public participation to resolving area planning issues. The public sessions were well attended by the City and County officials, the general public, property owners, and citizens with design interests and/or training. Citizen participation records are included as Appendix "A". The Draft Plan was initially reviewed in a joint City/County Planning Commission meeting held on December 6, 2000, as a prelude to the public hearing adoption process. Community Identity and Vision Statement Moab is not just another tourist town — it is both a community and a tourist hub. Moab is a people place, a "base camp", and an oasis offering refuge from the somewhat hostile surrounding environment. People come here primarily for what is around it. It has a diversity of people and views, and uniqueness of characteristics and scenic features that distinguishes it from other places. Linkages between Moab — the "Hub" — and the surrounding outdoor opportunities via paths, bike trails, roads, streets and highways are key to the area's identity. Moab is an uncommon and unknown place that newcomers often feel they have somehow "discovered". Some stay and call it their own, only to later discover that it is not a place without problems. There is a pronounced imbalance between salaries, housing costs and the cost of living — the needs of service workers often go unmet. The diverse opinions held by its citizens make it difficult to establish a common vision for the community. Heavy truck traffic through the heart of the City makes it somewhat less friendly than it might be to pedestrians (residents and visitors alike). Some find the built environment to be somewhat sterile and unimaginative — it has been described as a "hodge-podge". Others relish the mix of styles for the diversity and self-expression it represents. Even so, the characteristics of the gateway corridor that are attractive to the community citizens tend to be somewhat the same as those that are attractive to visitors. This Plan focuses on improving the attractiveness of the community to support the quality of life for long-term residents and all aspects of the local economy. The following statement summarizes the community vision for the corridor: MOAB/GRAND COUNTY NORTH CORRIDOR GATEWAY PLAN April 4, 2001/ PAGE 2 Agenda Page 56 of 170 1 I. Introduction MOAB/ GRAND COUNTY NORTH CORRIDOR GATEWAY VISION STATEMENT As the primary gateway to Moab — the community and the resort -- the north corridor should be welcoming and friendly to pedestrians, bikers, residents, and visitors alike. The built environment should protect and complement Moab's unique character, promote economic opportunity, demonstrate community pride and offer a positive first impression, without inhibiting design creativity. II. EXISTING CONDITIONS Base Economy: Hospitality In the last decade since the closing of many mining operations, the economic base of the City of Moab and Grand County has gone through a transition from more emphasis on a strictly resource extractive based economy to one that now includes a small regional service based economy. According to the City of Moab General Plan and the Grand County General Plan, in the last 10 years the local economy has transformed into a tourism community. According to the Moab General Plan: The City has become the hub for visitors to stay while they visit the wealth of beautiful scenic attractions and recreation sites such as Canyonlands and Arches National Park. The Setting North of the River The character of lands in the study area north of the river is predominantly rural in nature, despite the presence of a post-industrial site, and a few campgrounds and outfitters. North of the Colorado River, a highway traveler senses the approach to Moab while enjoying long views of Moab and the Spanish Valley, the LaSal Mountains in the distance, the East and West Portals of the Colorado River and the adjacent escarpments. However, it is not until one reaches the Colorado Bridge that there is a sense of arrival. South of the River In contrast, a developing tourist and accommodations area characterize lands south of the river. Several new motels and recreational facilities, including a water slide and a scenic tram, are already present and/or under construction. It seems clear that vacant areas between new developments will soon see additional tourist accommodations, services and facility development. Front Door — The First Impression The North Corridor Gateway may be accurately described as the "Front Door" to the City of Moab and the Spanish Valley of Grand County. Communities are not unlike individual homeowners in that both generally seek to put their best forward and to create a positive first impression by making their front yard and front door as attractive as possible. This is particularly true when the base economy is hospitality. The current condition of the North Corridor Gateway offers considerable opportunity for improving the first impression of our community. The quality of the corridor experience is diminished by the presence of a series of broken windowpanes -- to continue the analogy to a home and a homeowner. The good news is that most of these problems may be easily repaired. Consider the following observations, some of which apply to areas already included in the City: MOAB/GRAND COUNTY NORTH CORRIDOR GATEWAY PLAN April 4, 2001/ PAGE 3 Agenda Page 57 of 170 I ORDINANCE # 2002-04 AN ORDINANCE AMENDING THE CITY OF MOAB LAND USE CODE IMPLEMENTING THE GATEWAY PLAN BY THE ADOPTION OF THE RC, RESORT COMMERCIAL ZONE DISTRICT WHEREAS, the City of Moab General Plan ("General Plan") was adopted by the Moab City Council on January 8, 2002, with Resolution # 01- 2002, and it serves as the guide to zoning and rezoning decisions; WHEREAS, the Moab City Council approved the Moab/Grand County North Gateway Plan ("Gateway Plan") as an amendment to the General Plan following a public hearing on May 14, 2002 with Resolution #; 09- 2002 WHEREAS, the RC, Resort Commercial District is designed to implement the recommendations of the City of Moab/Grand County Gateway Plan, an amendment to the City of Moab General Plan; WHEREAS, the Gateway Plan was jointly funded pursuant to the INTERLOCAL AGREEMENT FOR THE COORDINATION OF NORTH CORRIDOR PLANNING BY AND BETWEEN: GRAND COUNTY AND THE CITY OF MOAB ("INTERLOCAL AGREEMENT"); WHEREAS, the Interlocal Agreement was established for the purpose of ensuring that the same land uses are allowed and the same development standards apply to all development in the North Corridor, regardless of the jurisdiction in which development occurs and to this end included the following goal: Development of a uniform set of zoning standards, including design standards, to be adopted by both jurisdictions. WHEREAS, the City of Moab Planning Commission reviewed and recommended adoption of this ordinance April 11, 2002; WHEREAS, due notice was given that the Moab City Council ("City Council") would meet to hear and consider this ordinance; and WHEREAS, the City Council has heard and considered all evidence and testimony presented with respect to the amendments and has determined, subsequent to said public hearing that the adoption of this ordinance is in the best interests of the citizens of the City of Moab, Utah. Agenda Pagel Page 58 of 170 Exhi CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF MOAB, UTAH, THAT Title 17, Moab Municipal Code is hereby amended by the editorial addition of the RC, Resort Commercial Zone to the list of zones in Chapter 17.15, Establishment of Zones. BE IT FINALLY ORDAINED BY THE MOAB CITY COUNCIL THAT Title 17, Moab Municipal Code is hereby amended by the addition of a new zone district Chapter 17.31, RC, Resort Commercial, to read as follows: Chapter 17.31 RC RESORT COMMERCIAL ZONE 17.31.010 Objectives and characteristics. 17.31.011 Use regulations. 17.31.013 Special Provisions. 17.31.012 Area, width and location requirements. 0 Supplementary regulations. 17.31.010 Objectives and characteristics. The RC, Resort Commercial District is intended site design concepts that implement the Moab/Grand County North Gateway Plan ("Gateway Plan"), an amendment to the City of Moab General Plan. The district is designed to create a positive first impression of the City of Moab and Grand County and to encourage mixed residential and commercial development, including resort guest- and local - oriented commercial uses in an urban setting. In addition to the use and area regulations of this section, development in the RC, Resort Commercial Zone shall be in compliance with all other applicable provisions of this Code. If conflict arises between this Ordinance and other parts of the City Code, the more restrictive shall apply. 17.31.011 Use Regulations A. Permitted uses. The following uses shall be permitted -by - right: 1. Accessory buildings and uses 2. Bed and breakfasts 3. Caretaker or guard residence, accessory 4. Custom personal services 5. Dwelling, duplex 6. Dwelling, multi -family 7. Dwelling, single-family 8. Municipal facilities and services _r 43 Agenda Page 59 of 170 Ordinance #2002-04 Exhi E ORDINANCE # 2002-04 AN ORDINANCE AMENDING THE CITY OF 1MOAB LAND USE CODE IMPLEIMENTING THE GATEWAY PLAN BY THE ADOPTION OF THE RC, RESORT COIMMERCIAL ZONE DISTRICT WHEREAS, the City of Moab General Plan ("General Plan") was adopted by the Moab City Council on January 8, 2002, with Resolution # 01- 2002, and it serves as the guide to zoning and rezoning decisions; WHEREAS, the Moab City Council approved the Moab/Grand County North Gateway Plan ("Gateway Plan") as an amendment to the General Plan following a public hearing on May 14, 2002 with Resolution #; 09- 2002 WHEREAS, the RC, Resort Commercial District is designed to implement the recommendations of the City of Moab/Grand County Gateway Plan, an amendment to the City of Moab General Plan; WHEREAS, the Gateway Plan was jointly funded pursuant to the INTERLOCAL AGREEMENT FOR THE COORDINATION OF NORTH CORRIDOR PLANNING BY AND BETWEEN: GRAND COUNTY AND THE CITY OF MOAB ("INTERLOCAL AGREEMENT"); WHEREAS, the Interlocal Agreement was established for the purpose of ensuring that the same land uses are allowed and the same development standards apply to all development in the North Corridor, regardless of the jurisdiction in which development occurs and to this end included the following goal: Development of a uniform set of zoning standards, including design standards, to be adopted by both jurisdictions. WHEREAS, the City of Moab Planning Commission reviewed and recommended adoption of this ordinance April 11, 2002; WHEREAS, due notice was given that the Moab City Council ("City Council") would meet to hear and consider this ordinance; and WHEREAS, the City Council has heard and considered all evidence and testimony presented with respect to the amendments and has determined, subsequent to said public hearing that the adoption of this ordinance is in the best interests of the citizens of the City of Moab, Utah. Agenda Pagel Page 60 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 'OF MOAB, UTAH, THAT Title 17, Moab Municipal Code is hereby amended by the editorial addition of the RC, Resort Commercial Zone to the list of zones in Chapter 17.15, Establishment of Zones. BE IT FINALLY ORDAINED BY THE MOAB CITY COUNCIL THAT Title 17, Moab Municipal Code is hereby amended by the addition of a new zone district Chapter 17.31, RC, Resort Commercial, to read as follows: Chapter 17.31 RC RESORT COMMERCIAL ZONE 17.31.010 Objectives and characteristics. 17.31.011 Use regulations. 17.31.013 Special Provisions. 17.31.012 Area, width and location requirements. 0 Supplementary regulations. 17.31.010 Objectives and characteristics. The RC, Resort Commercial District is intended site design concepts that implement the Moab/Grand County North Gateway Plan ("Gateway Plan"), an amendment to the City of Moab General Plan. The district is designed to create a positive first impression of the City of Moab and Grand County and to encourage mixed residential and commercial development, including resort guest- and local - oriented commercial uses in an urban setting. In addition to the use and area regulations of this section, development in the RC, Resort Commercial Zone shall be in compliance with all other applicable provisions of this Code. If conflict arises between this Ordinance and other parts of the City Code, the more restrictive shall apply. 17.31.011 Use Regulations A. Permitted uses. The following uses shall be permitted -by - right: Agenda 1. Accessory buildings and uses 2. Bed and breakfasts 3. Caretaker or guard residence, accessory 4. Custom personal services 5. Dwelling, duplex 6. Dwelling, multi -family 7. Dwelling, single-family 8. Municipal facilities and services 3 Ordinance #2002-04 Page 61 of 170 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE 9. Gasoline service station, subject to the supplementary regulations of §17.31.014B. 10. General retail (indoors) 11. Hotel or motel 12. Office, business or professional 13. Restaurant, general B. Conditional uses. Conditional uses shall be allowed pursuant to §17.09.530. 1. Outfitters and guide services and facilities 2. Outdoor recreational uses, commercial 3. Recreational vehicle/ travel trailer park, subject to the supplementary regulations of §17.31.014C. 17.31.012 Area, width, and location requirements. A. Non-residential development in the RC, Resort Commercial Zone shall be subject to the following standards: 1. Minimum lot area: 10,890 sq. ft. (',1 acre) 2. Minimum front and street side setbacks: a. Highway 191 right-of-way: 0 ft. Except for single and two family dwellings which shall be 25 ft. b. All others: 25 ft. 3. Minimum interior side setback: 10 ft. 4. Minimum rear setbacks: 10 ft. 5. Minimum lot width: None 6. Maximum height: a. Principal uses: 35 ft. b. Accessory uses: 16 ft. B. Residential area and bulk standards. Residential development in the RC, Resort Commercial Zone shall be subject to the following standards: 1. Minimum lot area: a. Dwelling, single-family: 9,000 sq. ft. b. Dwelling, duplex: 9,000 sq. ft. c. Dwelling, multi -family: 2,500 sq. ft. 2. Minimum front and street side setbacks: 0 ft. Except for single and two family dwellings which shall be 25 ft. 3. Minimum rear and interior side setbacks: 10 ft. 4. Minimum lot width: a. Single-family and duplex dwellings: 80 ft. 5. Maximum height. Agenda 3 Ordinance #2002-04 Page 62 of 170 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE a. Principal uses: 24 ft. b. Accessory uses: 16 ft. 17.31.013 Special Provisions. Where the standards of this section are in conflict with other requirements of this Land Use Code, the more restrictive shall apply. A. Building design. All land uses and structures shall: 1. Be placed on a slab -on -grade or perimeter foundation. 2. Have a minimum 24 ft. horizontal wall dimension on at least two (2) non -opposite sides; i.e., other than directly opposite sides of the structure. 3. Utilize indigenous, regional architectural styles and materials for all structures - use of standard corporate image architecture is prohibited. The architectural style of all structures shall be complementary to that of other structures in the area or vicinity. 4. Exhibit a unity of design for buildings within multi - building complexes through the use of similar elements such as rooflines, materials, window arrangement, sign location, and details. 5. Incorporate, within all walls over 100 feet in length, at least four (4) recesses, off -sets, balconies, angular forms and other features within each 100 foot length to provide a visually interesting shape. 6. Utilize medium to darker earth tones and non - reflective materials on all structures, including roofs, to minimize contrast and blend with the surrounding natural landscape without calling undue attention to the development. B. Outdoor Lighting. All new development shall be required to shield the lamp (bulb) from view off site in accordance with Supplementary Regulations of §17.31.014 C. Site design. 1. Locate some or all of the structures on each lot directly adjacent to the front, Highway 191 (east side) or to the "build to" line (west side) as established by the Grand County North Corridor "Build To" Line Location Map unless it can be shown to the Agenda 3 Ordinance #2002-04 Page 63 of 170 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE satisfaction of the Planning Commission that building to the front lot line or to the "build to" line is impractical because of topography. Parks and plazas can cover up to 20% of the frontage. 2. Locate most, at least 80%, of required parking on the side or in the rear of each land use or structure. 3. Provide public trails and/or sidewalks along all street frontages and as necessary to implement the trails plan illustrated on the Gateway Plan's Future Land Use Plan. Trails and sidewalks shall be constructed in accordance with the requirements of City standards. [See Gateway Plan for more illustrations.] ii !r ;_- Mr~. � _ .r' r• f L ��� 4rfir r:., T'_ .C7'� kr `.ris 3'-v;' . .. ... . _• 4. Each lot shall include meaningful open space intended for use by all occupants of a development. This space may include recreation -oriented areas. In no case shall open space be less than 25% of the total lot area. 5. Minimize new highway access points in accordance with the requirements of a site specific UDOT permit to be obtained for each new use or change in use. a. Provide cross or through -access connections to adjacent areas, where possible D. Parking lots. Design parking areas so as to provide reasonable connectivity between adjacent parking areas on other sites without encouraging through traffic. E. Landscaping. In addition to the supplementary regulations of §17.31.014D. , Landscaping and screening, the following standards shall apply: Agenda 3 Ordinance #2002-04 Page 64 of 170 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE 1. Landscape parking lot buffer. Maintain a minimum 35- foot depth landscape setting where parking occurs between a building and Highway 191 or its frontage roads. (Note: Parking behind buildings is preferred. Buildings may be built with zero front setbacks.) 2. Break-up large parking areas. Break-up large parking areas into smaller areas with intermittent landscaping and/or buildings. For parking lots over 4000 sq. ft., at least 50 of the interior of the lot shall be landscaped so as to define aisles and limit unbroken rows of parking. End of aisles and corner areas shall be curbed and landscaped. Unbroken parking rows shall not exceed 150 ft. 3. Right-of-way landscaping. Landscaping of all street and highway rights -of -way contiguous to the proposed development site not used for street pavements, curbs, gutters, sidewalks, or driveways shall be required. Within private property, street trees shall be provided as required by §17.31.014D. Any landscape areas in the public right-of-way shall comply with the criteria of the Utah Department of Transportation. F. Signage. All signs shall comply with the requirements this Title provided, however, that notwithstanding provisions to the contrary: 1. Illumination. Freestanding signs and wall signs may be illuminated indirectly or internally. Directional signs shall not be illuminated. Where internal illumination is employed, only the face area of the letters or logos may be illuminated and at least 50 percent of the sign face shall have an opaque background. 2. Window signs. a. Window signs may be internally illuminated with the use of exposed neon lighting; provided, however, that there shall be a maximum of one (1) window sign per use. b. Such sign shall be limited to nine (9) square feet per window panel. c. Sign copy shall be limited to business identification, "open" or "closed", and a graphic symbol, or any combination thereof. In no case shall product signs be allowed. shall: Agenda • i 3 d. Freestanding signs. All free-standing signs Page 65 of 170 Ordinance #2002-04 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE i. Be monument -style; i.e., mounted on a base (above grade) of wood, brick or stone, which is detached from any building, and built with continuous background surface from the ground up; ii. Be limited to a maximum height of eight (8) ft., a maximum width of 10 ft., and a maximum square footage of 24 sq. ft.; provided, however, where such a sign is not internally illuminated the maximum square footage shall be 40 sq. ft.; Be placed within a landscaped setting containing not less than 120 sq. ft.; iv. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design; and v. Identify the principal land use on site with one (1) such sign per street frontage; e. Wall signs. No part of a wall sign shall extend above a roof line, and all wall signs shall: i. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design; ii. Identify the principal land use on site with one (1) such sign per street frontage; Hi. Be limited to 24 sq. ft.; provided, however, where such a sign is not internally illuminated the maximum square footage shall be 40 sq. ft.; iv. Be limited to a maximum height of five (5) ft.; and v. Such signs shall have a maximum width of 10 ft. f. Directional Signs. Direction signs shall be allowable off -site to provide directions to businesses located within 1,000 feet, provided: i. The maximum number for each driveway or street shall be one (1) sign. Agenda 3 Ordinance #2002-04 Page 66 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE ii. The maximum height shall be three (3) ft. The maximum area shall be four (4) square iv. The maximum area of a business name or logo shall be one (1) sq. ft. v. Where a driveway is shared the maximum area of such sign shall be eight (8) sq. ft. vi. Where a driveway is shared the maximum area of a business name or logo shall be two (2) sq. ft. 17.31.014 Supplementary regulations. Notwithstanding other provisions of this Title to the contrary, the following supplementary regulations shall apply to all development in the RC, Resort Commercial District. A. Outdoor lighting. An outdoor lighting plan shall be submitted with the site/development plan. 1. All outdoor lighting shall be directed down or toward a surface. 2. The light source or bulb for all outdoor lighting shall be shielded from view off -site. 3. No outdoor lighting shall be directed towards any adjacent residential use or public street. B. Gasoline service stations. All gasoline service station pumps shall be setback at least 20 feet from all property lines. C. Recreational vehicle/ travel trailer parks. A recreational vehicle/travel trailer park and incidental facilities shall comply with the standards in this section: 1. RV/travel trailer parks shall be occupied only by persons using travel trailers, truck campers, small cabins without plumbing (traditional KOA-style), and tents for overnight, short duration, or seasonal camping; 2. Each space RV/travel trailer space shall be at least 1200 sq. ft. in area; Agenda 3 Ordinance #2002-04 Page 67 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE 3. Each cabin or tent space shall be at least 800 sq. ft. in area; 4. Each space shall be at least 30 ft. in width; 5. Each park shall be served by central water and sewer facilities; 6. No space shall be located more than 200 ft. from a water and sewage service building; 7. The City may require landscaping and screening pursuant to the provisions of the City Code; and 8. One (1) tree of a species suitable for the area shall be provided for each two (2) spaces, and shall be located in close proximity to those spaces. (Existing trees on the site may be used to satisfy this requirement.) D. Landscaping and screening 1. Purpose. This section is designed to provide standards for the installation and maintenance of landscaping, walls and screening devices so as to promote the general welfare of the community. This is accomplished by encouraging the creation of an attractive appearance along streets and highways and by screening from view those uses that may be unattractive to the public eye. Landscaping materials, including ground covers, shrubs, and trees further facilitate the control of erosion and the reduction of glare and dust, as well as the visual softening of building masses. Low water use plant materials are preferred, but not required, for required landscaping. Walls and screening devices allow for the separation of incongruous uses and for the buffering of road noise and intensive activities. Landscaping, walls and screening devices together, help to effectuate privacy, logical development, and enhancement of property values. 2. Applicability. This section shall apply to all multi -family and non-residential development, provided that a one- time expansion of the floor area of buildings on a lot or building tract not exceeding twenty-five percent (250) of the existing floor area shall not be subject to the requirements of this article. 3. General requirements. a. Landscape and site plan. Any proposed building or use shall be shown on a landscape and site plan indicating: Agenda I 3 Ordinance #2002-04 Page 68 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE i.' The location of existing and proposed buildings, parking areas, street improvements; ii. locations and general types of landscaped treatment areas -- i.e., lawn areas, low-water use areas, and inorganic areas; proposed plant or inorganic materials to be used in each treatment area; iv. the underground irrigation system to be used in each planted area; and v. walls and screening devices. b. Location of utilities. Proposed utilities shall be located, when possible, so that their installation will not adversely affect vegetation to be retained on a site. c. Installation. Landscaping, underground irrigation systems, walls and screening structures shall be installed in accordance with the approved landscape or screening plan prior to issuance of a final Certificate of Occupancy for the building or use. The Building Official may grant a temporary Certificate of Occupancy during the winter months when installation is impracticable or not feasible. d. Maintenance requirements. i. Landscaped areas shall be reasonably maintained by the owner or the lessee of the property, including pruning, trimming, watering, and other requirements necessary to create an attractive appearance for the development. Lack of maintenance of required landscaping material shall constitute a violation of this Code. ii. Any plant materials not surviving shall be replaced within 30 days of its demise or in the next appropriate season. e. Landscaping standards. All undeveloped areas of the street yard of each lot or tract and the adjacent right-of-way shall be landscaped with trees, shrubs, grasses, ground cover or other organic and inorganic materials that create an attractive appearance in accordance with the requirements of this section. Smooth concrete or asphalt surfaces are not considered landscaping. Agenda 13 Ordinance #2002-04 Page 69 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE i. Shrubs, trees and grasses. Use of locally appropriate shrubs, trees and grasses or plants with low-water demand characteristics is encouraged, but not required, in all cases in order to minimize the consumption of water. ii. Trees. One tree shall be utilized per 1,000 sq. ft., or fraction thereof (in no case closer than 35 feet apart) of required landscaped area, provided, however, the Planning Commission may waive this requirement where it finds that trees are either impractical due to water supply problems or inappropriate to the natural setting; and, Shrubs, grasses, ground covers, and inorganic materials. Any combination of shrubs, grasses, ground covers, and inorganic materials may be used for the balance of the required landscaping at the developer's discretion. iv. Existing landscaping. To the extent practical, existing significant landscape features shall be preserved and incorporated into the final landscape and site plans. Existing landscaping may be used to meet the requirements of this Land Use Code if it meets the purpose and intent of this article and is included on the approved landscape plan. Such landscaping shall be protected during all phases of site development. v. Minimum plant sizes. The following minimum plant size requirements shall apply in all cases: Plant Type Minimum Size Deciduous Trees - 1-2 inch caliper (measured 1 foot above ground) Evergreen Trees -- 6 feet tall Shrubs -- 5-gallon container size + 24 inches tall Ground Cover -- 1-gallon container with 12 inch spread vi. Irrigation. All required landscaped areas shall include a permanent, underground irrigation system as defined herein to insure the long-term health and growth of the landscape. Where possible, irrigation systems shall utilize untreated, irrigation water instead of treated water. Irrigation system design shall take into consideration the xeriscape characteristics of plant materials used. Screening standards. Where screening standards are required by this Code, the following screening standards shall apply: Agenda if13 Page 70 of 170 Ordinance #2002-04 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE Screening materials. Screening may be accomplished by the use of plants, earth berms, walls or fences, or trees and shrubs in combination as necessary to produce an effective screening from view off -site of the use or facility requiring screening within a reasonable time period. ix. Height of screening devices. The height of screening devices shall be measured from the highest finished adjacent grade of the element to be screened. x. Screening plant list. Plants used to satisfy any required screening standards shall be limited plants with a mature height of between 6 and 15 feet and foliage. For reference to appropriate plants and trees see the publication "Urban & Community Forest: A Guide for interior Western United States", Department of Agriculture, 1990. xi. Parking areas. The perimeter of all parking areas shall be screened to a minimum height of three (3) feet above the highest finished grade of the parking area. The minimum width of the landscaped street buffer from the street line to the parking area shall be 15 feet. Outdoor storage areas. All outdoor storage areas for materials, trash, mechanical equipment, vehicles, or other similar items shall be screened from street view by a minimum six (6) foot high screening device. Such screening device shall consist either of plant material or a wall constructed of or finished with materials to match the main building of the site. BE IT FINALLY ORDAINED that Title 17, Moab Municipal Code is hereby amended by the addition of a subsection 17.03.050, Commentary, to read as follows: Chapter 17.03 TITLE, INTERPRETATION AND PURPOSE 17.03.010 Title, intent and purpose. 17.03.020 Applicability. 17.03.030 Declaration. 17.03.040 Interpretation. 17.03.050 Commentary. 17.03.050 Commentary. Whenever a provision of this Ordinance requires additional explanation to clarify its intent, a "Commentary" is included. They have no regulatory effect, but rather Agenda 13 Ordinance #2002-04 Page 71 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE are intended solely as a guide for administrative officials and the public to use in understanding and interpreting the Ordinance. PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in open session this 9TH day of JULY, 2002. This shall take effect immediately upon passage. ATTEST: Rachel Ellison, City Recorder Agenda Mayor Davi• L. Sakrison 13 Ordinance #2002-04 Page 72 of 170 I ETOZIVI JaquianoN `2uPeaH uopsRutuop 2u!uoz pue Su!uueld OZ-ETOZ# a3ueu!pio Jol iSupeaH 3!lqnd '(p)(Z)(d)0b01f'Li Jell:!nip 'su2ig 2u!pueisaaid 'wawpuawd `anieuipap 2u!uoz iapco ledmunim gem `;sarsbaa aSue43 lxai ssaidx3 uul AepnoH Page 73 of 170 " passaappe si ssauisnq apea peal atp anoge laaj 142ia ol paliwii aq neys IyAay As aye apeaS pew nnolaq si uoRepoi aaaynn seam ul " iin pue :laaj aaenbs ptT paapxa you Heys eaae uSis wnuaixew ay��'passaappe aae Aayl yoiynn ui peal aye. woad laaj OS ueyp aaow si u2is ski Jo uoRepoi aye pue ssauisnq e Jo au!! Alwiadoad aye aaaynn suon.epoi u! " in :sydeaSeaed ppe suds Suipuelsaaaj " pZ'd 01701Z�'LZ aSueu p(al :lsanbab . ssaadxa " Page 74 of 170 " sAs ieuopau aauaq aol paau aqp. ol. Aouaaan pappe seq uomppe W00.1-017 a jo uoprmsuop Mau au spew �Sewall aqa. Moiaq laaj S" g lnoge palm'si plot" �quo wail aql " Z6Z AMH Molaq laal pZ Aialewixoadde palm' si imp\ peal �Sewall a ein AeMaApp e Suoie passane si ialoq aql eau!' M.Jadoid AeM Jo 1g2p Isom ato. ol. ewe Burled moil ato. wail laal ON awos Z6Z AMH aol AeM jo lqpa loan uo sluoij mot" aql :uualgoad " ssaadx3 uui AepHoH ail �wool ol. Z6Z AemtAH uo Suilaneaq. slspolow lsisse ol. As &mouels aaij jo Alnigisin sMolid :asodand " ssaadx3 -,,nigfnainy4 " Page 75 of 170 it i�G7 Ad 3 ,s`...66 89 17 SZ' r% i a) Q 0 0 2 x Lu c c :C3 >% Agenda Page 77 of 170 I Agenda Page 78 of 170 1 -•wa/41"Z howsi rrio.Nlsasswis =Haug� ebaaa.ana �6vaMNOSEgil 00t •oroLmmmesn �o -Li OSZITOL :Van/MOO 14V0.9-,Z£ .LV NOIAd JOANLX.L,[-ZOL3dX 433S0dOOd Moos OM-OW'N09000/A LN- ILO LOL d�xwa ■ ItALLWVIrI Et/6L/E �{{agbS.rgsisamima _ vQi d�L Ritf5S saains ssaadx3 uuinomioH 41- ANIFL i 1 1 0w 140$000/11 _ SOLOS • SS311$210 MHi /5/0110H ssaxixj uul AepHoH Page 79 of 170 HIM Isla/VINO ION 33N4 SINIICOSIO cHLYY YY 1VD3dS NI )11Y14-19$ nwa33m SWOON AIMX1111 ONOWVICI t ~a^eano 70 OL6 Jo 1.8 abed *' itch:acia3SivNA.. EXPRESS' • Impact on the Gateway Plan: The proposed language provides a narrow exception to address the unique geography and location of the Holiday Inn Express which is located on a frontage road some 8.5 feet above the hotel, making visibility difficult. These narrow exceptions will not undermine the intent of the Gateway Plan as currently implemented under the RC (Resort Commercial ) Zone. The sign must still meet the requirements (i) monument style, (iii) located in a landscaped setting, and (iv) aesthetically pleasing, integrated both in design and color with the existing building. Only the dimensions of the freestanding sign (criteria ii) will be changed and then only under circumstances in which visibility is impaired due to distance from the road and sign location below grade. The only two hotels currently located in the corridor are the Archway and the Holiday Inn Express. The free standing sign at the Archway was a non- conforming use at the time of the annexation in 2008. Therefore, the only existing hotel subject to the more restrictive requirements is the Holiday Inn Express. " spaepuels uSisap u2is anipialsaa wow aye pafgns si tpiynn ssauisnq Aluo aye si ssaadx3 uul AepHoH 'aopiaaoo AennaleD 1.aoys alp ammo palepoi aae sialoy aayoo aye pue asn SuivaaoluoDuou e si lap Suipuels aaij am! e set.' Aennypd asnepaq '����nsaa e sy lauoz D-b/ueld AennaleD aye ui papnpui si Z6Z JIMH &Joie aopiaaoo I.aoys aye apislno) geoW mu! SuioS sialoy aayl.o lie saHdde apoo leaauaS ayl 'spas ssaadx3 uul AepHoH aye yoiynn u2is Suipuels aaaj azis aye nnolle pinonn ypynn sluawaainbaa Asap As anpialsaa ssai sal si Z" y0b0'1717'SZ uopas apoo leaauaS ayl :auoZ Inds . " Ss3adx3 -,.0.4sfrovre4v Page 82 of 170 " Ialoy aye puy. o�� ane Supq lnoqe si.sanS Jo sluieiduao3 aye aginsap ii!An `ssaJdx3 uul AepHoH aye. Jo aaSeuew 'Aea Aweiar :suiieiduaop . ssaadxa "vs03ew4 Page 83 of 170 ETOZ IZT Jaquiapaa `SuPeaH uopspnuop Su!uoz pue Su!uueld OZ-ETOZ# anieu!pio ao; TupeaH NIqnd 0)(Z)(d)01701E'LT Japieto 'saig 2u!puelsaaid `;uawpuauad 'anieuipap 2u!uoz iapop iedmunyy qeovy `;sanbaa aSue43 pcai ssaidx3 uul AepHoH Page 84 of 170 " passaappe si ssauisnq tp!tinn apea peon atn anoge laaj lLpa off. palwi aq 'legs ILAN atp. apea peon nnolaq si uoilepol uSis aqn aaawn seam ul " HA pue :laaj aaenbs paamxa you !legs eaae wnwixew ay}'passaappe aae AaLn tpiynn ui pew aye laaj OS ueyl aaoua si sli Jo uonepoi atn pue ssauisnq e Jo au!! Alaadoad aye. aaaynn suon.epoi ul " in :sydeaeaed ppe off. suds Suipuelsaaad " pZ" d 0170'Z�'LZ le aSueo }xal :1.sanba�� . 553ZldX3 ��i Page 85 of 170 0 'suds leuopaaip aauaq aoj paau o� ADuaam pappe seq uopppe W00.1 -017 a Jo uopn4suop Mau agl 'peoa aSeluwl Molaq S'g lnoge palm'si lalou lo luau aql 'Z6Z AMH Molaq 10010Z Alalemxwdde palepol si gown pew °Sewall a ein AeMaApp e &uole passame si lalou agl 'auil Alaadwd AeM Jo 1.42p lsaM ewe Supped lalou all 1001 ppZ awos Z6Z JIMH aol AeM to 142p ioan uo swag laux] ail :uaaigoad 'ssaadx3 uui AepHoH alepol Z6Z Aemg2N uo Su!wail slspolow lsisse As Swum aaa j Jo Awcusin sMonv :asodand .553LldX3 Page 86 of 170 0 Agenda Page 87 of 170 v) 2 X LLJ c c Co 73 Agenda Page 88 of 170 I 0 X LU Agenda I l s i e • n s� i i Page 89 of 170 I OL I. 40 06 abed --i CEXPRESS • Impact on the Gateway Plan: The proposed language provides a narrow exception to address the unique geography and location of the Holiday Inn Express which is located on a frontage road some 8.5 feet above the hotel, making visibility difficult. These narrow exceptions will not undermine the intent of the Gateway Plan as currently implemented under the RC (Resort Commercial ) Zone. The sign must still meet the requirements (i) monument style, (iii) located in a landscaped setting, and (iv) aesthetically pleasing, integrated both in design and color with the existing building. Only the dimensions of the freestanding sign (criteria ii) will be changed and then only under circumstances in which visibility is impaired due to distance from the road and sign location below grade. The only two hotels currently located in the corridor are the Aarchway and the Holiday Inn Express. The free standing sign at the Aarchway was a non -conforming use at the time of the annexation in 2008. Therefore, the only existing hotel subject to the more restrictive requirements is the Holiday Inn Express. ca a a) a) Q isuivng ag Dan If IlirM 69$ 311113114 SH001 hMIE1301010 Page 92 of 170 0 Agenda Page 93 of 170 " spaepuels Asap As anipialsaa wow aye o�� pafgns si ypynn ssauisnq Aluo aye si ssaadx3 uul AepHoH atn'aopiaaop AennaleD boys aye apislno palepoi aae sialoy aayno aye pue asn Suivaaoluopuou e si wig Suipuels awl am' e sey Aennypey asnepaq `lima] e sy lauoz D-Wueid AennaleD aye ui papnpui si Z6Z JIMH &Joie a01431a03 boys aye apislno) geoW olui SuioS aaypo lie saiidde apop ieaauaS ayl 'spas ssaadx3 uui AepiloH Suipuels awl Jo azis aye mop pinonn sluawaainbaa Asap As anp.oialsaa ssal sey si i" y01701717'SZ uopas apoo ieaauaS ayl :/lmnbaul . Ss3adx3 Page 94 of 170 qj 'bS OZZ Z6Z 'Safi anoge 'Id 8 qj 'bS tZ 'Id 8 ld 'IDS 091 61J 8Z :aSueyD }xal nnaN • :apoD auoZ j/a • :apop u2is leaauaD uospedwo3 @loco Page 95 of 170 i o Agenda Page 96 of 170 I Agenda Page 97 of 170 lel Page 98 of 170 " ��a��oy aye pug o�� ane Supq you lnoqe sI.sanS Jo sluielduaoo aye aginsap Illm issaidx3 uul AepHoH aye Jo aaSeuew `lea AweJar :suieldwo3 . ss3adx3 '43f"1"r4\- Page 101 of 170 0 December 12, 2013 I am the Front Desk Manager at the Holiday Inn Express and Suites in Moab, Utah. I have worked at the Holiday Inn Express for 2 years. I have had several guests complain about our sign and how it makes it difficult to find our property. These are the complaints I have had from guests during their stay with us: • Several guests have called to ask where we are located; I have had to explain that we are by the rather large Archway Inn sign located next door to us. They expressed their frustration about having driven right passed us and had to turn around and come back to locate us. • Other guests have stated "you need a bigger sign, we couldn't find the hotel". • Some guests have asked, "Why don't you get a bigger sign?" I have had to respond that we cannot due to the zoning ordinance in place. • Other complaints are, "you need a bigger sign, I could not see it from the highway". These complaints have been ongoing since I started here. It's very frustrating for guests and for our front desk staff, who continually have to try to make our guests happy when they are already upset from not being able to find us, having to turn around and come back. It would be less of a burden for all concerned if our guests could check in and relax without this frustration. We need a sign that guests can see from the highway. Sincerely, 6,,,-(1 66,,,A Carol Gough Office Manager Holiday Inn Express and Suites Agenda Page 102 of 170 I December 11,2013 My Name is ThuThuy Woodard, I work at Holiday Inn Express in Moab Utah and these are some of the guest issues with our sign I have heard over the years. • "You really need a bigger sign we could not see it from the road and passed you. We got to the other end of town and had to ask for directions." • "The stay was great; the only thing I suggest is getting a better sign. It is difficult to see and at night it is nearly impossible." • "It was a pain trying to find this place without a sign." • "Why don't you guys put up a bigger sign? No one can see that little one." • "Your sign is way too small to be seen from the highway." Agenda Page 103 of 170 December 11, 2013 I work at the Holiday Inn Express and Suites in Moab, Utah on the front desk. These are some of the issues I have had with guests regarding our sign: • Over the summer I was told by about 30+ guests, "You need a bigger sign". • "You are so hard to find. We didn't see your very small sign and drove all the way through town and had to turn around." • "You can't see your sign from the highway. Why don't you have a bigger one?" • "Your sign is really hard to see we had to stop and get directions." • "Your sign is way too small." • These are just a very few of the comments that I have heard. LOONvi_a- -0S-11-1(,142i, Agenda Page 104 of 170 MOAB AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 28, 2o14 / Agenda Item #: 7-2 PL-14-011 Title: Review and Adoption of Resolution #10-2014, Approving a Minor Subdivision of Property Located in the R-2 Zone on East Center Street as Submitted by Gerald V. White Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Applicant(s): Gerald White represented by Judy Powers Background/Summary: Mr. Gerald White is proposing to create a flag lot of 17,637 square feet from his property that is 77,700 square feet in size. The new flag lot will be used for development with a single-family residence to be constructed by others. The remaining portion of the lot will be 60,063 square feet and is where the Whites have their home. The lots meet the MMC requirements for flag lots as noted below. "Flag -Shaped or Panhandle Lots Permitted. "Flag -shaped or panhandle -shaped lots" may be created in any single-family or two-family residential zone if all of the following requirements are met: 1. The lot has at least twenty feet of frontage on a dedicated public street, which frontage serves as access only to the subject lot or parcel; 2. The handle portion of the lot is at least twenty feet in width, and not more than one hundred fifty feet in length; 3. That the body of the lot meets the lot area and lot width requirements of the applicable zones." The proposed lots also exceed the minimum lot size requirements of 5,000 square feet for the R-2 Zone. Dedication of right-of-way for the adjoining portion of East Center Street for this property was approved by Council at the regular meeting held on January 14, 2014. Options: The City Council may: 1. Adopt Resolution #10-2014 to approve the minor subdivision as submitted; 2. Adopt Resolution #10-2014 with conditions; Page 105 of 170 3. Vote to table the application if additional information is required. Staff Recommendation: Staff recommends that the Council approve Resolution #10-2014 as written thereby approving the application for the minor subdivision. Recommended Motion: I move to approve Resolution #10-2014. Attachment(s): Resolution #10-2014 Application Proposed Plat Copy of Warranty Deed for Street Dedication j:\agenda draft documents\01-28-2014\white family trust subdiy\p1-14011 cc jode's subdiyision.docx Page 106 of 170 Resolution #10-2014 A RESOLUTION APPROVING A MINOR SUNDIVISION TO CREATE A FLAG LOT ON PROPERTY LOCATED AT 505 EAST CENTER STREET IN THE R-2 ZONE AS SUBMITTED BY THE WHITE FAMILY LIVING TRUST WHEREAS, the White Family Living Trust, represented by Gerald V. and Wanda K. White, (Applicants) as co -trustees, has submitted a request to Moab City for approval of a two -lot subdivision for property located in the R-2 Zone at 505 East Center Street, Moab, Utah; and WHEREAS, Applicants have submitted the required application, a plat, and supporting documents as required; and WHEREAS, the proposal satisfies the appropriate code sections for a flag -shaped lot and both proposed lots meet the code requirements for lot size. NOW THEREFORE, we, the Governing Body of the City of Moab hereby resolve to approve the minor subdivision known as "Jode's Subdivision as indicated in attached plat as Exhibit A. Passed and adopted by action of the Governing Body of the City of Moab in open session this 2811' day of January, 2014. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, Recorder Page 107 of 170 r:\resolutions\2014\I0-2014. Applicant: l50 — Fee - $100.00 plus $25.00 per amended lot or unit. Receipt No. r� i PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) 1 f Phone. 6f— cp2 `f-Sitiii-- Mailing Address: 65- C %.5/4; E-mail: 1-t/et Size of Properties: • 41"° Q.e-re Location of Affected Properties: Eas - filer : A short narrative describing the reason for the amendment is required and is part of complete application. Failure to submit a narrative will delay review of the application. This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: i. Join two or more of the petitioner fee owner's contiguous lots; r- ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels joins in the petition, regardless of whether the lots or parcels are located in the same subdivision; iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. Agenda Page 108 of 170 I PETITION TO VACATE, ALTER OR AMEND A SUBDMSION PLAT page 2 DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CITY RECORDER Rachel Stenta Date Agenda Page 109 of 170 I PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT OWNERS: C 2I9 / (� b L� iL l-b ► I Date 44 Co State of Date § County of ) On theCri— day of &ecav personally appeared before me 691VIL �C*\/- e lAN C-- Cr I '"ks�''�) i `r t�gy acknowledged to me that they d- 0 vokA A I ���' '' ho dulkledged he executed the same. page 2 CHRISTINA SLOAN Notary Public. State of Utah Commission N 659603 My Commission Expires November 03, 2016 My Commission pares: . g OWNERS: 4 in-ktij1/4/0.€„ State of ) County of ) Notary lc Residing in ',\,,L04\ [� (name of owner(s)) Date Date .D o\ ELT 3 On the � day of ��4-(1W X_, personally appeared before me �1��, �� (name of owner(s)) V ,tA.0�' [4 I'�-4 } who duly acknowledged to me that they executed the same, My Commission Expires: Agenda �at� Public �� / �j(( � Residing in M.L.NAr CHRISTINA SLOAN Notary Public, State of Utah Commission # 659603 My rnmmission Expires • • ib Page 110 of 170 \Nio 1� � I is OLN30 11551 OWN SI 1911V0 ONV 'li Z SI 1.00131111 111101800 :310N d }!q!4X3 .1eni �15V3 - 010031 530181136 m 0310310100 A013111V S) z 101 '1105313g18 d0 MSNMO0 SS 1V NAM ONV 1130111 Ala 01 113NN00 Olt 101 HV1f1 1111N1100 ONV80 8A110 8VOW 'WlS '3 ZZ 21 'S 9Z 1 '9 N01103S S./ MAN 3H1 NI NIM 'N S '3 Ez 11 5 a¢ 1 'S N0003S DDR1001/115311 NOISIAI 11 ans SHGO.f W 0,-90121s ( t>a/ in ) wi d TrvaS 01HdY80 Page 111 of 170 a) Q JO ld-Id NOISIAIOEMS A8VNI111138d b WARRANTY DEED Gerald V. White, Grantor, of Moab, County of Grand, State of Utah, hereby CONVEYS AND WARRANTS TO Moab City, rand County, Utah, Grantee of Moab, County of Grand, State of Utah, for the sum of ($10.00) Ten Dollars and other good and valuable considerations the following described tract of land in Grand County, State of Utah to wit: A description of a proposed street right-of-way 25.0 feet in width in the NW% Section 6, T 265, R22E, SLM, Moab City, Grand County, Utah more particularly described as follows: Beginning at a corner which by record bears East 929.4 ft., thence North 400.0 ft. from the West % corner Section 6, T26S, R22E, SLM, and proceeding thence West 144.6 FT. to a corner, thence N 18° 37' West 26.4 ft., thence East 128.1 ft., thence North 42.1 ft., thence North 69° 47' East 8.6 ft., thence South•13° 23' East 72.1 ft., to the point of beginning. AND A description of a proposed street right-of-way in the NW % Section 6, T26S, R22E, SLM, Moab City, Grand County, Utah, more particularly described as follows: Beginning at a corner which by record bears East 929.4 feet thence North 400.0 ft. from the West % corner Section 6, T26S, R22E, SLM, and proceeding thence North 13° 23' West 72.1 ft., thence North 69° 47' East 20.1 ft., thence South 13° 23' East 25.2 ft., thence South 69° 47' West 8.4 ft., thence South 49.7 ft., to the point of beginning. Subject to all restrictions, easements, and rights -of -way, however, evidenced. WITNESS the hand of said Grantor, on the day of did,u444.p.. , 2014. County of Grand Gerald V. White } }ss. State of Utah } On the '� day of 14414-42 , 2014, personally appeared before me, Gerald V. White, the signer of the within Warranty Deed who duly acknowledged before me that he executed the same. Ent 505456 Bk 804 Pg 57 Date: 22-JAN-2014 11:46:25AM Fee: None Filed By: TD 30HN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: WHITE GERALD V Agenda Page 112 of 170 �*2 NOTARY PUBLIC Residing in Moab, Utah RENEE TROUTT Notary Public State of Utah My Commission Expires on; December 1, 2016 Comm, Number: 660813 MOAB CITY COUNCIL MEETING January 28, 2o14 Agenda Item #: 7-3 Title: Approval of Proposed Resolution #06-2014 — A Resolution Amending the City of Moab Health Reimbursement Account (HRA) Plan Fiscal Impact: Brings our Health Reimbursement Account into Compliance with the Affordable Care Act (ACA). Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder/Human Resources Applicant: n/a Background/Summary: A few minor revisions are required to our HRA summary plan document to bring it into compliance with the Affordable Care Act. The changes are not substantive and do not significantly alter the plan. All changes are highlighted on the attached document. Options: Council can approve, table, or deny the proposed resolution. Staff Recommendation: Staff recommends approving the proposed resolution. Recommended Motion: I move to approve Proposed Resolution #06-2014 — A Resolution Amending the City of Moab Health Reimbursement Account (HRA) Plan. Attachment(s): proposed resolution #06-2014 HRA summary plan document HRA plan highlights D co m 7 o. S1 Page 113 of 170 RESOLUTION #06-2014 A RESOLUTION AMENDING THE CITY OF MOAB HEALTH REIMBURSEMENT ACCOUNT (HRA) PLAN WHEREAS, the City of Moab has previously adopted an HRA Plan; and WHEREAS, certain changes are now desirable to integrate the HRA Plan with the Affordable Care Act (ACA); NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby amend the HRA Plan as attached. FURTHER, the effective date of this amendment is January 28, 2014. Passed and adopted by action of the Governing Body of the City of Moab in open session this 28th day of January, 2014. By: David L. Sakrison Mayor ATTEST: Rachel E. Stenta City Recorder Resolution #06-2014 January 28, 2014 Page 114 of 170 MOAB CITY CORPORATION HRA PLAN PLAN DOCUMENT Page 115 of 170 TABLE OF CONTENTS ARTICLE I 4 DEFINITIONS 4 ARTICLE II 6 PARTICIPATION 6 2.1 Eligibility 6 2.2 Effective Date of Participation 6 2.3 Termination of Participation 7 2.4 Opt -out and Waiver 7 ARTICLE III 7 BENEFITS 7 3.1 Establishment of Plan 7 3.2 Nondiscrimination Requirements 8 3.3 Health Reimbursement Arrangement Claims 8 3.4 Debit and Credit Cards 8 ARTICLE IV 9 ERISA PROVISIONS 9 4.1 Claim for Benefits 9 4.2 Named Fiduciary 11 4.3 General Fiduciary Responsibilities 11 4.4 Nonassignability of Rights 11 ARTICLE V 12 ADMINISTRATION 12 5.1 Plan Administration 12 5.2 Examination of Records 12 5.3 Indemnification of Administrator 12 ARTICLE VI 13 AMENDMENT OR TERMINATION OF PLAN 13 6.1 Amendment 13 6.2 Termination 13 ARTICLE VII 13 MISCELLANEOUS 13 7.1 Plan Interpretation 13 7.2 Gender and Number 13 7.3 Written Document 13 7.4 Exclusive Benefit 13 7.5 Participant's Rights 13 7.6 Action by the Employer 14 7.7 No Guarantee of Tax Consequences 14 7.8 Indemnification of Employer by Participants 14 7.9 Funding 14 7.10 Governing Law 14 7.11 Severability 14 7.12 Headings 14 7.13 Continuation of Coverage 15 7.14 Family and Medical Leave Act 15 7.15 Health Insurance Portability and Accountability Act 15 7.16 Uniformed Services Employment and Reemployment Rights Act 15 7.17 HIPAA Privacy Standards 15 D ca cm m a. su HRA Document (12/13) 2 Page 116 of 170 7.18 HIPAA Electronic Security Standards 17 7.19 Mental Health Parity And Addiction Equity Act (USERRA) 19 7.20 Genetic Information Nondiscrimination Act (GINA) 19 7.21 Women's Health and Cancer Rights Act 19 7.22 Newborn's and Mothers' Health Protection Act 19 D cc m m Q su HRA Document (12/13) 3 Page 117 of 170 HEALTH REIMBURSEMENT ARRANGEMENT As used in this Plan, the following words and phrases shall have the meanings set forth herein unless a different meaning is clearly required by the context: ARTICLE I DEFINITIONS 1.1 "Administrator' means the individual(s) or committee appointed by the Employer to carry out the administration of the Plan. In the event the Administrator has not been appointed, or resigns from a prior appointment, the Employer shall be deemed to be the Administrator. 1.2 "Affiliated Employer" means any corporation which is a member of a controlled group of corporations (as defined in Code Section 414(b)) which includes the Employer; any trade or business (whether or not incorporated) which is under common control (as defined in Code Section 414(c)) with the Employer; any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in Code Section 414(m)) which includes the Employer; and any other entity required to be aggregated with the Employer pursuant to Treasury regulations under Code Section 414(o). 1.3 "Affordable Care Act" means the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, and as further amended by the Department of Defense and Full -Year Continuing Appropriations Act, 2011. 1.4 "Code" means the Internal Revenue Code of 1986, as amended. 1.5 "Coverage Period" or "Plan Year" means the 12-month period commencing on January 1" and ending on December 31" 1.6 "Dependent" means any individual who qualifies as a dependent under Code Section 152 (as modified by Code Section 105(b)). Any child of a Participant who is an "alternate recipient" under a qualified medical child support order under ERISA Section 609 shall be considered a Dependent under this Arrangement. Notwithstanding anything in the Plan to the contrary, Qualifying Medical Expenses incurred by a Participant's child prior to the end of the calendar year in which the child attains age 26 may be reimbursed under the Plan. A Participant's child includes his natural child, and adopted child, or a child placed with the Employee for adoption. It may also include step children and/or foster children if elected on the Adoption Agreement. A Participant's child will be an eligible Dependent until reaching the limiting age of 26, without regard to student status, marital status, financial dependency or residency status with the Employee or any other person. The phrase "placed for adoption" refers to a child whom the Employee intends to adopt, whether or not the adoption has become final, who has not attained the age of 18 as of the date of such placement for adoption. The term "placed" means the assumption and retention by such Employee of a legal obligation for total or partial support of the child in anticipation of adoption of the child. The child must be available for adoption and the legal process must have commenced. 1.7 "Effective Date" of the Plan means September 1, 2010. The effective date of this amendment and restatement is January 1, 2014. 1.8 "Eligible Employee" means any Eligible Employee as stated in Section 2.1 and as provided herein. An individual shall not be an "Eligible Employee" if such individual is not reported on HRA Document (12/13) 4 Page 118 of 170 the payroll records of the Employer as a common law employee. In particular, it is expressly intended that individuals not treated as common law employees by the Employer on its payroll records are not "Eligible Employees' and are excluded from Plan participation even if a court or administrative agency determines that such individuals are common law employees and not independent contractors. Furthermore, Employees of an Affiliated Employer will not be treated as "Eligible Employees" prior to the date the Affiliated Employer adopts the Plan as a Participating Employer. However, a self-employed individual as defined under Code Section 401(c) or a 2-percent shareholder as defined under Code Section 1372(b) shall not be eligible to participate in this Plan. 1.9 "Employee" means any person who is employed by the Employer. The term "Employee" shall also include any person who is an employee of an Affiliated Employer and any Leased Employee deemed to be an Employee as provided in Code Section 414(n) or (o). 1.10 "Employer" means Moab City Corporation any successor which shall maintain this Plan and any predecessor which has maintained this Plan. In addition, unless the context means otherwise, the term "Employer" shall include any Participating Employer which shall adopt this Plan. 1.11 "Employer Contribution" means the amounts contributed to the Plan by the Employer. 1.12 "ERISA" means the Employee Retirement Income Security Act of 1974, as amended from time to time. 1.13 "Leased Employee" means, effective with respect to Plan Years beginning on or after January 1, 1997, any person (other than an Employee of the recipient Employer) who, pursuant to an agreement between the recipient Employer and any other person or entity ("leasing organization"), has performed services for the recipient (or for the recipient and related persons determined in accordance with Code Section 414(n)(6)) on a substantially full time basis for a period of at least one year, and such services are performed under primary direction or control by the recipient Employer. Contributions or benefits provided a Leased Employee by the leasing organization which are attributable to services performed for the recipient Employer shall be treated as provided by the recipient Employer. Furthermore, Compensation for a Leased Employee shall only include Compensation from the leasing organization that is attributable to services performed for the recipient Employer. A Leased Employee shall not be considered an employee of the recipient Employer if: (a) such employee is covered by a money purchase pension plan providing: (1) a nonintegrated employer contribution rate of at least ten percent (10%) of compensation, as defined in Code Section 415(c)(3), but for Plan Years beginning prior to January 1, 1998, including amounts contributed pursuant to a salary reduction agreement which are excludable from the employee's gross income under Code Sections 125, 402(e)(3), 402(h)(1)(B), 403(b), or for Plan Years beginning on or after January 1, 2001 (or as of a date, no earlier than January 1, 1998, as specified in Section 1.6 of the Plan), 132(f)(4), (2) immediate participation, and (3) full and immediate vesting; and (b) leased employees do not constitute more than twenty percent (20%) of the recipient Employer's non -highly compensated workforce. 1.14 "Participant" means any Eligible Employee who has satisfied the requirements of Section 2.1 and has not for any reason become ineligible to participate further in the Plan. 1.15 "Plan" means Moab City Corporation HRA Plan as set forth herein adopted by the Employer, including all amendments thereto. 'Plan" means the "Health Reimbursement Arrangement." 1.16 "Premiums" mean the Participant's cost for any health plan coverage. HRA Document (12/13) 5 Page 119 of 170 1.17 "Qualifying Health Plan" means coverage which does not consist solely of "excepted benefits" as described in 26 C.F.R. § 54.9831-1(c)(3) which is a group health plan which is not sponsored by the Employer which provides "minimum value" pursuant to Code section 36B(c)(2)(C)(ii) for which the Plan has received an attestation signed by an Employee certifying coverage under the group health plan. 1.18 "Qualifying Medical Expenses" means any expense eligible for reimbursement under the Health Reimbursement Arrangement which would qualify as a "medical expense" (within the meaning of Code Section 213(d) and as allowed under Code Section 105 and the rulings and Treasury regulations thereunder) of the Participant, the Participant's spouse or a Dependent and not otherwise used by the Participant as a deduction in determining the Participant's tax liability under the Code or reimbursed under any other health coverage, including a health Flexible Spending Account. Qualifying Medical Expenses covered by this Plan are limited to all medical expenses within the meaning of Code Section 213 and qualifying insurance premiums. A Participant may not be reimbursed for the cost of any medicine or drug that is not "prescribed" as defined in Code Section 106(f). Furthermore, a Participant may not be reimbursed for "qualified long-term care services" as defined in Code Section 7702B(c). If the Employer provides Health Savings Accounts for Participants, Qualifying Medical Expenses reimbursed shall be limited to those allowed under Code Section 223. "Incurred" means when the Participant is provided with the medical care that gives rise to the Qualifying Medical Expense and not when the Participant formally billed or charged for, or pays for, the medical care. ARTICLE II PARTICIPATION 2.1 Eligibility Any Eligible Employee will be eligible to participate in the Health Reimbursement Arrangement upon satisfaction of the following: (a) Date of Hire (No service required); (b) Employee is scheduled to work at least 30 hours per week; and (c) Employee opts -out of the Employer sponsored Group Health Insurance but must currently be enrolled in a Qualifying Health Plan. The following Employees are excluded: Non-resident aliens and Leased Employees. 2.2 Effective Date of Participation An Eligible Employee who has satisfied the conditions of eligibility pursuant to Section 2.1 shall become a Participant effective as of the first day of the month coinciding with or following the date on which such requirements are satisfied. If an Employee, who has satisfied the Plari s eligibility requirements and would otherwise have become a Participant, shall go from a classification of a noneligible Employee to an Eligible Employee, such Employee shall become a Participant on the date such Employee becomes an Eligible Employee or, if later, the date that the Employee would have otherwise entered the Plan had the Employee always been an Eligible Employee. If an Employee, who has satisfied the Plari s eligibility requirements and would otherwise become a Participant, shall go from a classification of an Eligible Employee to a noneligible class of Employees, such Employee shall become a Participant in the Plan on the date such Employee again becomes an Eligible Employee, or, if later, the date that the Employee would have otherwise entered the Plan had the Employee always been an Eligible Employee. HRA Document (12/13) 6 Page 120 of 170 2.3 Termination of Participation This Section shall be applied and administered consistent with any rights a Participant and the Participant's Dependents may be entitled to pursuant to Code Section 4980B, Section 7.13 of the Plan. A former Participant has 60 days following termination of participation to file claims for services performed prior to this date. In the case of the death of the Participant, any remaining balances may only be paid out as reimbursements for Qualifying Medical Expenses and shall not constitute a death benefit to the Participant's estate and/or the Participant's beneficiaries. 2.4 Opt -out and Waiver A Participant under the Plan is permitted to permanently opt out of and waive future reimbursements from the HRA at least annually and upon termination of employment. ARTICLE III BENEFITS 3.1 Establishment of Plan (a) This Health Reimbursement Arrangement is intended to qualify as a Health Reimbursement Arrangement under Code Section 105 and shall be interpreted in a manner consistent with such Code Section and the Treasury regulations thereunder. (b) Beginning with the plan year which begins on or after January 1, 2014, to the extent that this Health Reimbursement Arrangement ("HRA") does not constitute an "excepted benefit" as described in 26 C.F.R. § 54.9831-1(c)(3)(v); or according to its terms may be used to reimburse essential health benefits as defined in § 1302(b) of the Affordable Care Act; this Plan is intended by the Employer to constitute an "integrated" HRA as that term is used in the Affordable Care Act and regulatory guidance issued thereunder ("ACA"). (c) The Employer maintains a group health plan which does not consist solely of "excepted benefits" as described in 26 C.F.R. § 54.9831-1(c)(3) which provides "minimum value" pursuant to Code section 36B(c)(2)(C)(ii). (d) The Employer does maintain a Health Flexible Spending Account and/or Cafeteria Plan. Participants in this Health Reimbursement Arrangement may submit claims for the reimbursement of Qualifying Medical Expenses for services that were incurred during the Coverage Period. The HRA Plan will reimburse you in conjunction with the Cafeteria Plan, if applicable. Separate accounts are held for the HRA and Cafeteria Plan. The funds from the HRA and Cafeteria plan will not be co -mingled. The Employer shall make available to each Participant an Employer Contribution for the reimbursement of Qualifying Medical Expenses. The Employer shall contribute the following annual amount: Any Employee who opts -out of the Employer sponsored Group Health Insurance and is currently enrolled in a Qualifying Health Plan shall receive the following annual amount: (1) ($420.35/month) $5,044.18 per year per Participant; (2) ($876.81/month) $10,521.70 per year Participant and Child; (3) ($885.99/month) $10,631.85 per year per 2 Party; or (4) ($1,281.69/month) $15,380.26 per Family. No salary reductions may be made to this Health Reimbursement Arrangement. HRA Document (12/13) 7 Page 121 of 170 (e) This Plan shall not be coordinated or otherwise connected to the Employer's cafeteria plan (as defined in Code Section 125), except as permitted by the Code and the Treasury regulations thereunder, to the extent necessary to maintain this Plan as a Health Reimbursement Arrangement. 3.2 Nondiscrimination Requirements (a) It is the intent of this Health Reimbursement Arrangement not to discriminate in violation of the Code and the Treasury regulations thereunder. (b) If the Administrator deems it necessary to avoid discrimination under this Health Reimbursement Arrangement, it may, but shall not be required to reduce benefits provided to "highly compensated individuals' (as defined in Code Section 105(h)) in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. 3.3 Health Reimbursement Arrangement Claims (a) The Administrator shall direct the reimbursement to each eligible Participant for all Qualifying Medical Expenses. All Qualifying Medical Expenses eligible for reimbursement pursuant to Section 3.1(b) shall be reimbursed during the Coverage Period, even though the submission of such a claim occurs after his participation hereunder ceases; but provided that the Qualifying Medical Expenses were incurred during a Coverage Period. Claims must include receipts or documentation that the expense being incurred is eligible for reimbursement, in order to claim reimbursement. Expenses may be reimbursed up to 90 days after the end of the Coverage Period; and Section 3.3(c) below. However, a Participant may not submit claims incurred prior to beginning participation in the Plan and/or the Effective Date of the Plan, whichever is earlier. (b) Notwithstanding the foregoing, Qualifying Medical Expenses shall not be reimbursable under this Plan if eligible for reimbursement and claimed under the Employer's Health Flexible Spending Account or Health Savings Account, if applicable. (c) Claims for the reimbursement of Qualifying Medical Expenses incurred in any Coverage Period shall be paid as soon after a claim has been filed as is administratively practicable. However, if a Participant fails to submit a claim within 90 days immediately following the end of the Coverage Period, those Medical Expense claims shall not be considered for reimbursement by the Administrator. (d) Reimbursement payments under this Plan shall be made directly to the Participant. (e) If the maximum amount available for reimbursement for a Coverage Period is not utilized in its entirety, such remainder shall be forfeited. 3.4 Debit and Credit Cards (a) Participants may, subject to a procedure established by the Administrator and applied in a uniform nondiscriminatory manner, use debit and/or credit (stored value) cards ("cards") provided by the Administrator and the Plan for payment of Qualifying Medical Expenses, subject to the following terms: (b) Each Participant issued a card shall certify that such card shall only be used for Medical Expenses. The Participant shall also certify that any Medical Expense paid with the card has not already been reimbursed by any other plan covering health benefits and that the Participant will not seek reimbursement from any other plan covering health benefits. HRA Document (12/13) 8 Page 122 of 170 (c) Such card shall be issued upon the Participant's Effective Date of Participation and reissued for each Coverage Period the Participant remains a Participant in the Health Reimbursement Arrangement. Such card shall be automatically cancelled upon the Participant's death or termination of employment, or if such Participant withdraws from the Health Reimbursement Arrangement. (d) The maximum dollar amount of coverage available shall be the maximum amount for the Plan Year as set forth in Section 3.1(c). (e) The cards shall only be accepted by such merchants and service providers as have been approved by the Administrator. (f) (g) The cards shall only be used for Medical Expense purchases at these providers, including, but not limited to, the following: 0) Co -payments for doctor and other medical care; (ii) Purchase of prescription drugs; (iii) Purchase of medical items such as eyeglasses, syringes, crutches, etc. (iv) Effective January 1, 2011, "over-the-counter' drugs obtained under a prescription to treat a medical condition may not be purchased with the debit card that has been issued to be used in conjunction with the Plan. A manual claim must be submitted and a copy of the prescription for the "over-the-counter" medicine must be included with the claim in order for it to be a reimbursable expense. Such purchases by the cards shall be subject to substantiation by the Administrator, usually by submission of a receipt from a merchant or service provider describing the service or product, the date of the purchase and the amount. Some charges shall be considered substantiated at the time of charge by the nature of the charge, such as co - payments. Some charges shall be considered substantiated due to their "recurring" nature, in which the expenses match expenses previously approved as to amount, provider, and time period. At point of sale, the service provider or merchant can provide information to the Administrator to substantiate the charge. All charges shall be conditional pending confirmation and substantiation. (h) If such purchase is later determined by the Administrator to not to be a Qualifying Medical Expense, the Administrator, in its discretion, shall use the one of the following correction methods to make the Plan whole. Until the amount is repaid, the Administrator shall take further action to ensure that further violations of the terms of the card do not occur, up to and including denial of access to the card. 0) Repayment of the improper amount by the Participant; (ii) Withholding the improper payment from the Participant's wages or other compensation to the extent consistent with applicable federal or state law; (iii) Claims substitution or offset of future claims until the amount is repaid. ARTICLE IV ERISA PROVISIONS 4.1 Claim for Benefits Any claim for Benefits shall be made to the Administrator. The following timetable for claims and rules below apply: HRA Document (12/13) 9 Page 123 of 170 Notification of whether claim is accepted or denied 30 days Extension due to matters beyond the control of the Plan 15 days Insufficient information on the Claim: Notification of 15 days Response by Participant 45 days Review of claim denial 60 days The Administrator will provide written or electronic notification of any claim denial. The notice will state: (1) The specific reason or reasons for the denial. (2) Reference to the specific Plan provisions on which the denial was based. (3) A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary. (4) A description of the Plari s review procedures and the time limits applicable to such procedures. This will include a statement of the right to bring a civil action under section 502 of ERISA following a denial on review. (5) A statement that the claimant is entitled to receive, upon request and free of charge reasonable access to, and copies of, all documents, records, and other information relevant to the Claim. (6) If the denial was based on an internal rule, guideline, protocol, or other similar criterion, the specific rule, guideline, protocol, or criterion will be provided free of charge. If this is not practical, a statement will be included that such a rule, guideline, protocol, or criterion was relied upon in making the denial and a copy will be provided free of charge to the claimant upon request. When the Participant receives a denial, the Participant shall have 180 days following receipt of the notification in which to appeal the decision. The Participant may submit written comments, documents, records, and other information relating to the Claim. If the Participant requests, the Participant shall be provided, free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the Claim. The period of time within which a denial on review is required to be made will begin at the time an appeal is filed in accordance with the procedures of the Plan. This timing is without regard to whether all the necessary information accompanies the filing. A document, record, or other information shall be considered relevant to a Claim if it: HRA Document (12/13) (1) was relied upon in making the claim determination; (2) was submitted, considered, or generated in the course of making the claim determination, without regard to whether it was relied upon in making the claim determination; 10 Page 124 of 170 (3) demonstrated compliance with the administrative processes and safeguards designed to ensure and to verify that claim determinations are made in accordance with Plan documents and Plan provisions have been applied consistently with respect to all claimants; or (4) constituted a statement of policy or guidance with respect to the Plan concerning the denied claim. The review will take into account all comments, documents, records, and other information submitted by the claimant relating to the Claim, without regard to whether such information was submitted or considered in the initial claim determination. The review will not afford deference to the initial denial and will be conducted by a fiduciary of the Plan who is neither the individual who made the adverse determination nor a subordinate of that individual. 4.2 Named Fiduciary The "named Fiduciaries' of this Plan are (1) the Employer and (2) the Administrator. The named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the Plan including, but not limited to, any agreement allocating or delegating their responsibilities, the terms of which are incorporated herein by reference. In general, the Employer shall have the sole responsibility for providing benefits under the Plan; and shall have the sole authority to appoint and remove the Administrator; and to amend the provisions of the Plan or terminate, in whole or in part, the Plan. The Administrator shall have the sole responsibility for the administration of the Plan, which responsibility is specifically described in the Plan. Furthermore, each named Fiduciary may rely upon any such direction, information or action of another named Fiduciary as being proper under the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the Plan that each named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the Plan. Any person or group may serve in more than one Fiduciary capacity. 4.3 General Fiduciary Responsibilities The Administrator and any other fiduciary under ERISA shall discharge their duties with respect to this Plan solely in the interest of the Participants and their beneficiaries and (a) for the exclusive purpose of providing Benefits to Participants and their beneficiaries and defraying reasonable expenses of administering the Plan; (b) with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; and (c) in accordance with the documents and instruments governing the Plan insofar as such documents and instruments are consistent with ERISA. 4.4 Nonassignability of Rights The right of any Participant to receive any reimbursement under the Plan shall not be alienable by the Participant by assignment or any other method, and shall not be subject to the rights of creditors, and any attempt to cause such right to be so subjected shall not be recognized, except to such extent as may be required by law. HRA Document (12/13) 11 Page 125 of 170 ARTICLE V ADMINISTRATION 5.1 Plan Administration The operation of the Plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the Plan is carried out in accordance with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The Administrator shall have full power to administer the Plan in all of its details, subject, however, to the pertinent provisions of the Code. The Administrator's powers shall include, but shall not be limited to the following authority, in addition to all other powers provided by this Plan: (a) To make and enforce such rules and regulations as the Administrator deems necessary or proper for the efficient administration of the Plan; (b) To interpret the Plan, the Administrator's interpretations thereof in good faith to be final and conclusive on all persons claiming benefits under the Plan; (c) To decide all questions concerning the Plan and the eligibility of any person to participate in the Plan and to receive benefits provided under the Plan; (d) To limit benefits for certain highly compensated individuals if it deems such to be desirable in order to avoid discrimination under the Plan in violation of applicable provisions of the Code; (e) To approve reimbursement requests and to authorize the payment of benefits; and (f) To appoint such agents, counsel, accountants, consultants, and actuaries as may be required to assist in administering the Plan. (g) To establish and communicate procedures to determine whether a medical child support order is qualified under ERISA Section 609. Any procedure, discretionary act, interpretation or construction taken by the Administrator shall be done in a nondiscriminatory manner based upon uniform principles consistently applied and shall be consistent with the intent that the Plan shall continue to comply with the terms of Code Section 105(h) and the Treasury regulations thereunder. 5.2 Examination of Records The Administrator shall make available to each Participant, Eligible Employee and any other Employee of the Employer such records as pertain to their interest under the Plan for examination at reasonable times during normal business hours. 5.3 Indemnification of Administrator The Employer agrees to indemnify and to defend to the fullest extent permitted by law any Employee serving as the Administrator or as a member of a committee designated as Administrator (including any Employee or former Employee who previously served as Administrator or as a member of such committee) against all liabilities, damages, costs and expenses (including attorney's fees and amounts paid in settlement of any claims approved by the Employer) occasioned by any act or omission to act in connection with the Plan, if such act or omission is in good faith. HRA Document (12/13) 12 Page 126 of 170 ARTICLE VI AMENDMENT OR TERMINATION OF PLAN 6.1 Amendment The Employer, at any time or from time to time, may amend any or all of the provisions of the Plan without the consent of any Employee or Participant. 6.2 Termination The Employer is establishing this Plan with the intent that it will be maintained for an indefinite period of time. Notwithstanding the foregoing, the Employer reserves the right to terminate the Plan, in whole or in part, at any time. In the event the Plan is terminated, no further reimbursements shall be made. ARTICLE VII MISCELLANEOUS 7.1 Plan Interpretation All provisions of this Plan shall be interpreted and applied in a uniform, nondiscriminatory manner. This Plan shall be read in its entirety and not severed except as provided in Section 7.11. 7.2 Gender and Number Wherever any words are used herein in the masculine, feminine or neuter gender, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply. 7.3 Written Document This Plan, in conjunction with any separate written document which may be required by law, is intended to satisfy the written Plan requirement of Code Section 105 and any Treasury regulations thereunder. 7.4 Exclusive Benefit This Plan shall be maintained for the exclusive benefit of the Employees who participate in the Plan. 7.5 Participant's Rights This Plan shall not be deemed to constitute an employment contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect which such discharge shall have upon him as a Participant of this Plan. HRA Document (12/13) 13 Page 127 of 170 7.6 Action by the Employer Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. 7.7 No Guarantee of Tax Consequences Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from the Participant's gross income for federal or state income tax purposes, or that any other federal or state tax treatment will apply to or be available to any Participant. It shall be the obligation of each Participant to determine whether each payment under the Plan is excludable from the Participant's gross income for federal and state income tax purposes, and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable. Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally enforceable. 7.8 Indemnification of Employer by Participants If any Participant receives one or more payments or reimbursements under the Plan that are not for a permitted Medical Expense such Participant shall indemnify and reimburse the Employer for any liability it may incur for failure to withhold federal or state income tax or Social Security tax from such payments or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax (plus any penalties) that the Participant would have owed if the payments or reimbursements had been made to the Participant as regular cash compensation, plus the Participant's share of any Social Security tax that would have been paid on such compensation, less any such additional income and Social Security tax actually paid by the Participant. 7.9 Funding Unless otherwise required by law, amounts made available by the Employer need not be placed in trust, but may instead be considered general assets of the Employer. Furthermore, and unless otherwise required by law, nothing herein shall be construed to require the Employer or the Administrator to maintain any fund or segregate any amount for the benefit of any Participant, and no Participant or other person shall have any claim against, right to, or security or other interest in, any fund, account or asset of the Employer from which any payment under the Plan may be made. 7.10 Governing Law This Plan and Trust shall be construed and enforced according to the Code, ERISA, and the laws of the state or commonwealth in which the Employer's principal office is located, other than its laws respecting choice of law, to the extent not pre-empted by ERISA. 7.11 Severability If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed and enforced as if such provision had not been included herein. 7.12 Headings The headings and subheadings of this Plan have been inserted for convenience of reference and are to be ignored in any construction of the provisions hereof. HRA Document (12/13) 14 Page 128 of 170 7.13 Continuation of Coverage Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan subject to the continuation coverage requirement of Code Section 4980B becomes unavailable, each qualified beneficiary (as defined in Code Section 4980B) will be entitled to continuation coverage as prescribed in Code Section 4980B. 7.14 Family and Medical Leave Act Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan becomes subject to the requirements of the Family and Medical Leave Act and regulations thereunder, this Plan shall be operated in accordance with Regulation 1.125-3. 7.15 Health Insurance Portability and Accountability Act Notwithstanding anything in this Plan to the contrary, this Plan shall be operated in accordance with HIPAA and regulations thereunder. 7.16 Uniformed Services Employment and Reemployment Rights Act Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with USERRA and the regulations thereunder. 7.17 HIPAA Privacy Standards (a) If this Plan is subject to the Standards for Privacy of Individually Identifiable Health Information (45 CFR Part 164, the "Privacy Standards'), then this Section shall apply. (b) The Plan shall not disclose Protected Health Information to any member of Employer's workforce unless each of the conditions set out in this Section are met. "Protected Health Information" shall have the same definition as set forth in the Privacy Standards but generally shall mean individually identifiable information about the past, present or future physical or mental health or condition of an individual, including information about treatment or payment for treatment. (c) Protected Health Information disclosed to members of Employer's workforce shall be used or disclosed by them only for purposes of Plan administrative functions. The Plari s administrative functions shall include all Plan payment functions and health care operations. The terms "payment" and "health care operations" shall have the same definitions as set out in the Privacy Standards, but the term "payment" generally shall mean activities taken to determine or fulfill Plan responsibilities with respect to eligibility, coverage, provision of benefits, or reimbursement for health care. (d) The Plan shall disclose Protected Health Information only to members of the Employer's workforce, who are authorized to receive such Protected Health Information, and only to the extent and in the minimum amount necessary for that person to perform his or her duties with respect to the Plan. "Members of the Employer's workforce" shall refer to all employees and other persons under the control of the Employer. The Employer shall keep an updated list of those authorized to receive Protected Health Information. HRA Document (12/13) (1) An authorized member of the Employer's workforce who receives Protected Health Information shall use or disclose the Protected Health Information only to the extent necessary to perform his or her duties with respect to the Plan. 15 Page 129 of 170 (2) In the event that any member of the Employer's workforce uses or discloses Protected Health Information other than as permitted by this Section and the Privacy Standards, the incident shall be reported to the Plari s privacy officer. The privacy officer shall take appropriate action, including: (i) investigation of the incident to determine whether the breach occurred inadvertently, through negligence or deliberately; whether there is a pattern of breaches; and the degree of harm caused by the breach; (ii) appropriate sanctions against the persons causing the breach which, depending upon the nature of the breach, may include oral or written reprimand, additional training, or termination of employment; (iii) mitigation of any harm caused by the breach, to the extent practicable; and (iv) documentation of the incident and all actions taken to resolve the issue and mitigate any damages. (e) The Employer must provide certification to the Plan that it agrees to: HRA Document (12/13) (1) Not use or further disclose the information other than as permitted or required by the Plan documents or as required by law; (2) Ensure that any agent or subcontractor, to whom it provides Protected Health Information received from the Plan, agrees to the same restrictions and conditions that apply to the Employer with respect to such information; (3) Not use or disclose Protected Health Information for employment -related actions and decisions or in connection with any other benefit or employee benefit plan of the Employer; (4) Report to the Plan any use or disclosure of the Protected Health Information of which it becomes aware that is inconsistent with the uses or disclosures permitted by this Section, or required by law; (5) Make available Protected Health Information to individual Plan members in accordance with Section 164.524 of the Privacy Standards; (6) Make available Protected Health Information for amendment by individual Plan members and incorporate any amendments to Protected Health Information in accordance with Section 164.526 of the Privacy Standards; (7) Make available the Protected Health Information required to provide an accounting of disclosures to individual Plan members in accordance with Section 164.528 of the Privacy Standards; (8) Make its internal practices, books and records relating to the use and disclosure of Protected Health Information received from the Plan available to the Department of Health and Human Services for purposes of determining compliance by the Plan with the Privacy Standards; 16 Page 130 of 170 (9) If feasible, return or destroy all Protected Health Information received from the Plan that the Employer still maintains in any form, and retain no copies of such information when no longer needed for the purpose for which disclosure was made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible; and (10) Ensure the adequate separation between the Plan and members of the Employer's workforce, as required by Section 164.504(f)(2)(iii) of the Privacy Standards and set out in (d) above. 7.18 HIPAA Electronic Security Standards If this Plan is subject to the Security Standards for the Protection of Electronic Protected Health Information (45 CFR Part 164.300 et. seq., the "Security Standards'), then this Section shall apply as follows: (a) The Employer agrees to implement reasonable and appropriate administrative, physical and technical safeguards to protect the confidentiality, integrity and availability of Electronic Protected Health Information that the Employer creates, maintains or transmits on behalf of the Plan. "Electronic Protected Health Information" shall have the same definition as set out in the Security Standards, but generally shall mean Protected Health Information that is transmitted by or maintained in electronic media. (b) The Employer shall ensure that any agent or subcontractor to whom it provides Electronic Protected Health Information shall agree, in writing, to implement reasonable and appropriate security measures to protect the Electronic Protected Health Information. (c) The Employer shall ensure that reasonable and appropriate security measures are implemented to comply with the conditions and requirements set forth in Section 7.17. (d) The Plan shall not disclose Protected Health Information to any member of Employer's workforce unless each of the conditions set out in this Section are met. "Protected Health Information" shall have the same definition as set forth in the Privacy Standards but generally shall mean individually identifiable information about the past, present or future physical or mental health or condition of an individual, including information about treatment or payment for treatment. (e) Protected Health Information disclosed to members of Employer's workforce shall be used or disclosed by them only for purposes of Plan administrative functions. The Plari s administrative functions shall include all Plan payment functions and health care operations. The terms "payment" and "health care operations" shall have the same definitions as set out in the Privacy Standards, but the term "payment" generally shall mean activities taken to determine or fulfill Plan responsibilities with respect to eligibility, coverage, provision of benefits, or reimbursement for health care. (f) The Plan shall disclose Protected Health Information only to members of the Employer's workforce, who are authorized to receive such Protected Health Information, and only to the extent and in the minimum amount necessary for that person to perform his or her duties with respect to the Plan. "Members of the Employer's workforce" shall refer to all employees and other persons under the control of the Employer. The Employer shall keep an updated list of those authorized to receive Protected Health Information. HRA Document (12/13) (1) An authorized member of the Employer's workforce who receives Protected Health Information shall use or disclose the Protected Health 17 Page 131 of 170 (g) Information only to the extent necessary to perform his or her duties with respect to the Plan. (2) In the event that any member of the Employer's workforce uses or discloses Protected Health Information other than as permitted by this Section and the Privacy Standards, the incident shall be reported to the Plari s privacy officer. The privacy officer shall take appropriate action, including: (i) investigation of the incident to determine whether the breach occurred inadvertently, through negligence or deliberately; whether there is a pattern of breaches; and the degree of harm caused by the breach; (ii) appropriate sanctions against the persons causing the breach which, depending upon the nature of the breach, may include oral or written reprimand, additional training, or termination of employment; (iii) mitigation of any harm caused by the breach, to the extent practicable; and (iv) documentation of the incident and all actions taken to resolve the issue and mitigate any damages. The Employer must provide certification to the Plan that it agrees to: (1) Not use or further disclose the information other than as permitted or required by the Plan documents or as required by law; (2) Ensure that any agent or subcontractor, to whom it provides Protected Health Information received from the Plan, agrees to the same restrictions and conditions that apply to the Employer with respect to such information; (3) Not use or disclose Protected Health Information for employment -related actions and decisions or in connection with any other benefit or employee benefit plan of the Employer; (4) Report to the Plan any use or disclosure of the Protected Health Information of which it becomes aware that is inconsistent with the uses or disclosures permitted by this Section, or required by law; (5) Make available Protected Health Information to individual Plan members in accordance with Section 164.524 of the Privacy Standards; (6) Make available Protected Health Information for amendment by individual Plan members and incorporate any amendments to Protected Health Information in accordance with Section 164.526 of the Privacy Standards; (7) HRA Document (12/13) Make available the Protected Health Information required to provide an accounting of disclosures to individual Plan members in accordance with Section 164.528 of the Privacy Standards; 18 Page 132 of 170 (8) Make its internal practices, books and records relating to the use and disclosure of Protected Health Information received from the Plan available to the Department of Health and Human Services for purposes of determining compliance by the Plan with the Privacy Standards; (9) If feasible, return or destroy all Protected Health Information received from the Plan that the Employer still maintains in any form, and retain no copies of such information when no longer needed for the purpose for which disclosure was made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible; and (10) Ensure the adequate separation between the Plan and members of the Employer's workforce, as required by Section 164.504(f)(2)(iii) of the Privacy Standards and set out in (d) above. 7.19 Mental Health Parity And Addiction Equity Act (USERRA) Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Mental Health Parity and Addition Equity Act and ERISA Section 712. 7.20 Genetic Information Nondiscrimination Act (GINA) Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Genetic Information Nondiscrimination Act. 7.21 Womeri s Health and Cancer Rights Act Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Women's Health and Cancer Rights Act of 1998. 7.22 Newborn's and Mothers' Health Protection Act Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Newborns' and Mothers' Health Protection Act. HRA Document (12/13) 19 Page 133 of 170 IN WITNESS WHEREOF, this HRA Plan document is hereby executed this day of HRA Document (12/13) Moab City Corporation By Title: Date: 20 Page 134 of 170 CERTIFICATE OF CORPORATE RESOLUTION The undersigned Authorized signer of Moab City Corporation (the Corporation) hereby certifies that the following resolutions were duly adopted by the Employer on , and that such resolutions have not been modified or rescinded as of the date hereof: RESOLVED, that the form of amended Health Reimbursement Arrangement effective January 1, 2014, is hereby approved and adopted and that the proper officers of the Corporation are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the Plan. RESOLVED, that the Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan. RESOLVED, that the proper officers of the Corporation shall act as soon as possible to notify the employees of the Corporation of the adoption of the Health Reimbursement Arrangement Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description, which form is hereby approved. The undersigned further certifies that attached hereto are true copies of the Health Reimbursement Arrangement Plan as amended and restated and the Summary Plan Description approved and adopted in the foregoing resolutions. HRA Document (12/13) Moab City Corporation Employer Authorized Signer Date: 21 Page 135 of 170 HRA PLAN Moab City Corporation HIGHLIGHTS Moab City Corporation has established a "HRA Plan" to help you pay for your out-of- pocket medical expenses. If you received a reimbursement for an expense under the Plan, you cannot claim a Federal income tax credit or deduction on your return. GENERAL PLAN INFORMATION Plan Name: Moab City Corporation HRA Plan Address: 217 East Center Street Moab, UT 84532 Telephone: (435)259-2683 Tax I.D. Number: 87-6000248 Plan Number: 502 Plan Effective Date. 9/1/2010 Amended. 1/1/2014 Coverage Period End. December 31" Plan Administrator: Moab City Corporation Company Contact: Rachel Stenta QUALIFIED EXPENSES The plan allows you to be reimbursed for certain out-of-pocket medical, dental and vision expenses which are incurred by you and your dependents. These would include drugs obtained through a prescription. The expenses, which qualify, are those permitted by Section 213 of the Internal Revenue Code. A list of some of the expenses that qualify is available from the Administrator. The plan also allows you to be reimbursed by the Employer for qualified insurance premiums, which are incurred by you or your dependents. Insurance Premiums under a spouse's Employer can qualify unless such coverage is currently reimbursed before tax under a Section 125 or comparable benefit plan (including Dental and Vision Insurance). 111 CD 7 S1 ELIGIBILITY If you work 30 hours or more each week for the company, You will be eligible to join the Plan as of your date of employment with us; and upon providing a signed statement that you are covered under an outside employer's group health plan (such as one sponsored by the employer of your spouse). You will enter the Plan on the first day of the month following your date of employment. BENEFIT Any Employee who opts -out of the Employer sponsored Group Health Insurance and is currently enrolled in a Qualifying Health Plan shall receive the following annual amount: • ($420.35/month) $5,044.18 per year per Participant; • ($876.81/month) $10,521.70 per year Participant and Child; • ($885.99/month) $10,631.85 per year per 2 Party; or • ($1,281.69/month) $15,380.26 per Family. BENEFITS PAYMENT During the course of the Coverage Period, you may submit requests for reimbursement of expenses you have incurred. However, you must make your requests for reimbursements no later than 90 days after the end of the Coverage Period. The Administrator will provide you with acceptable forms for submitting these requests for reimbursement. In addition, you must submit to the Administrator proof of the expenses you have incurred and that they have not been paid by any other health plan coverage. If the request qualifies as a benefit or expense that the Plan has agreed to pay, you will receive a reimbursement payment soon thereafter. Remember, reimbursements made from the Plan are generally not subject to federal income tax or withholding. Nor are they subject to Social Security taxes. Page 136 of 170 Expenses are considered "incurred" when the service is performed, not necessarily when it is paid for. You can get a claim form at www.nbsbenefits.com for reimbursement. Any monies left at the end of the Coverage Period will be forfeited. You must submit claims no later than 90 days after the end of the Coverage Period. HIGHLY COMPENSATED & KEY EMPLOYEES Under the Internal Revenue Code, "highly compensated employees" and "key employees" generally are Participants who are officers, shareholders or highly paid. If you are within these categories, the amount of contributions and benefits for you may be limited so that the Plan as a whole does not unfairly favor those who are highly paid, their spouses or their dependents. Please refer to your Summary Plan Description for more information. You will be notified of these limitations if you are affected. FAMILY AND MEDICAL LEAVE ACT Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan becomes subject to the requirements of the Family and Medical Leave Act of 1993 and regulations thereunder, this Plan shall be operated in accordance with proposed Regulation 1.125-3. ADDITIONAL PLAN INFORMATION As a participant in the Plan, you are entitled to certain rights and protections under the Employee Retirements Income Security Act of 1974 (ERISA). Please refer to your Summary Plan Description for more information on your ERISA rights. Updated January 6, 2014 NATIQNAL BENEFIT S RVICES, LLC Cusinwcr Carr • Knol,ledge and Expertise Organizational Errcllettre (801) 532-4000 - Salt Lake City, UT MOAB CITY COUNCIL MEETING January 28, 2014 Agenda Item #: 7-41 7-5 Title: Award of the Lions Park Trail and Transit Hub Improvements Project Bid & Approval of the Lions Park Trail and Transit Hub Improvements Project Contract Fiscal Impact: $196,523. This amount is well under the budgeted amount for this project. Staff Presenter(s): Rebecca Andrus Department: Engineering Applicant: Silver Spur Construction Background/Summary: The Lions Park Transit Hub has recently been completed by Grand County, and Lions Park itself, also known as the Trail Hub, is moving through the final stages prior to construction. This area currently has no sewer service, and the only water service to the park is a one -inch line that feeds a few yard hydrants. In order to prepare for the expansion of Lions Park and to service the new Transit Hub restrooms, utilities need to be extended to the area. A preliminary engineering report was performed to determine the best method to provide services for the Trail and Transit Hub facilities and also for build -out of the north area. Due to the cost of constructing facilities capable of serving the full build -out of the area, a smaller project that allows service now with minimal rework when expanding to build -out was designed. On January 17, the City received bids for the work from Silver Spur Construction and Mesquite Incorporated. Silver Spur Construction was the apparent low bidder. Since staff has not worked with Silver Spur in the past, references were called to verify qualifications and proficiency with the type of work required for this project. Recommendations from the references were favorable. It is recommended that the bid be awarded to Silver Spur Construction in the amount of $196,523. This amount is well under the originally budgeted amount of $407,000, due to the scaling back of the project. Options: Approve, Deny or Table Staff Recommendation: Approve Recommended Motions: "I move to award the Lions Park Trail and Transit Hub Improvements Project Bid to Silver Spur Construction in the amount of $196,523." AND "I move to approve the Lions Park Trail and Transit Hub Utility Improvements Contract." D co m o Q su J:Wgenda Draft Documents\01-28-2014Wgenda Summary Lions Park utiiities.dOcx Page 137 of 170 I move to approve the Contract with Silver Spur Construction for the Lions Park Trail and Transit Hub Improvements Project. Attachment(s): Construction Contract D (C m m Q su J:Wgenda Draft Documents\01-28-2014Wgenda Summary Lions Park Utilities.dOcx Page 138 of 170 CONSTRUCTION CONTRACT Page 139 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS CONSTRUCTION CONTRACT PROJECT TITLE: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS This CONTRACT is made this the t" day of , 2014, by and between the CITY OF MOAB, 217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "CITY" or "OWNER") and SILVER SPUR CONSTRUCTION, LLC, (hereinafter referred to as "CONTRACTOR") CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is known as and is hereinafter referred to as LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS and is described in detail in the Contract Documents which contain the full scope of work. 1.02 CONTRACTOR shall complete, provide and perform, or cause to be performed, all work in a proper and workmanlike manner, with appropriate consideration for public safety and convenience, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expediency consistent therewith all as more particularly described in the Contract Documents. ARTICLE 2 - CITY'S REPRESENTATIVE CITY has appointed a CITY'S REPRESENTATIVE (sometimes referred to as CITY REP and sometimes known as the Owner's Representative or Construction Manager) to manage this Project and to represent the CITY on the Project site. The CITY REP will assume all duties and responsibilities and will have all rights and authority assigned to the CITY REP in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Any references in the Contract Documents, or other pertinent documents, to the Engineer or Project Engineer shall mean the CITY REP. The CITY'S REPRESENTATIVE for this Project is: Jeff Foster, Public Works Director ARTICLE 3 - CONTRACT TIME 3.01 CONTRACTOR shall submit to CITY, on or before the effective date of this Contract, a Construction Progress Schedule in Critical Path Method (CPM) format indicating the times for starting and completing the various stages of the Work, including any Milestones specified in this Contract and as more fully described in the General Conditions and other Contract Documents. Revisions/updates to the CPM schedule shall be submitted as often as necessary to accurately reflect plans for completion of the work, but no less frequently than required in the Contract Documents. D cc m Q CC - 1 Page 140 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS 3.02 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial Completion and for Final Completion and readiness for final payment as stated in the Contract Documents, are of the essence of the Contract. 3.03 The Work shall be substantially complete within 75 calendar days after the date when the Contract Times commence to run based on the Notice to Proceed as provided in the Contract Documents, and all Work shall be finally completed and ready for final payment in accordance with the Contract Documents within 90 calendar days after the date when the Contract Time commences to run. Contractor shall be expeditious in providing required documentation so that the Notice to Proceed can occur within 15 calendar days of the Notice of Award. Failure to do so may result in a reduction of the Contract Time specified above. 3.04 Failure of CONTRACTOR to perform any covenant or condition contained in the Contract Documents within the time periods specified shall constitute a material breach of this Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and receives an extension of time, in accordance with the procedures set forth in the Contract Documents. 3.05 Failure of CITY to insist upon the performance of any covenant or condition within the time periods specified shall not constitute a waiver of CONTRACTOR'S duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition. 3.06 The CITY'S agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of CONTRACTOR to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this Contract entitling CITY to all the remedies set forth herein or provided by law. ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES 4.01 Liquidated Damages: A. It is hereby agreed that the amounts per day set forth herein in paragraph B. are reasonable estimates of such damages, that said amounts do in fact bear a reasonable relationship to the damage that would be sustained by CITY, and CONTRACTOR agrees to pay such liquidated damages as herein provided. B. CITY and CONTRACTOR recognize that time is of the essence of this Contract and that CITY will suffer financial loss, in addition to and apart from the costs described in Paragraph 4.02, if the Work and/or portions of the Work are not performed and completed within the times specified in Article 3, plus any extensions thereof allowed in accordance with the Contract Documents. Accordingly, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY two hundred dollars and no cents ($200) for each calendar day that expires after the time specified in Article 3 for substantial completion, until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred dollars and no cents ($500) for each day that expires after the time specified in Article 3 for final completion and readiness for final payment. D cc m Q CC-2 Page 141 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS 4.02 Special Damages: In addition to the amounts provided for liquidated damages, CONTRACTOR shall pay CITY the actual costs reasonably incurred by CITY for the CITY REPRESENTATIVE, the Project Designer and for engineering and inspection forces employed on the Work for each day that expires after the time specified in Article 3 for Final Completion, including any extensions thereof made in accordance with the Contract Documents, until the Work is finally complete. The rate for CITY inspection services for this contract is $60 per hour. The rate for work by the CITY REPRESENTATIVES is $60 per hour. Each of these hourly rates is calculated at time and one half for work required to be performed during other than normal business hours. 4.03 CITY may withhold and deduct from any payment due to CONTRACTOR the amount of liquidated damages, special damages, and other damages incurred by the City as provided in the Contract Documents. ARTICLE 5 - CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amounts set forth or calculated as specified in this Article 5. 5.01 For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those amounts listed on the Bid Schedule attached as Exhibit A. All specific cash allowances are included in such lump sum unit price and have been computed in accordance with the Contract Documents. 5.02 For all Unit Price Work, an amount equal to the sum of the unit prices for each separately identified item of Unit Price Work, as indicated in Exhibit A, times the actual quantity of that item installed or constructed in the work, as determined by CITY REP in accordance with the Contract Documents. The unit prices listed on the Bid Schedule are all-inclusive of labor, material, profit, overhead, taxes and other miscellaneous costs pertinent to each work or bid item. The not -to -exceed total of all Unit Prices and all Lump Sum items as set forth in the Bid Schedule for the Base Bid is One Hundred and Ninety -Six Thousand Five Hundred and Twenty -Three Dollars and No Cents, ($196,523). As provided in the Contract Documents, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by CITY REP. In the event CONTRACTOR believes the quantities of any item of the Work will exceed the estimated quantities listed above, CONTRACTOR shall notify CITY REP before proceeding with that item of Work in order to allow CITY REP to document and record the actual quantities. If CONTRACTOR fails to notify CITY REP prior to proceeding with any item of the Work and CITY REP is unable to verify the actual quantities to his or her satisfaction, CONTRACTOR shall be bound to the quantities estimated by CITY REP. In the event that actual quantities used and incorporated into the Work for all Unit Price Work are less than the estimates shown in Exhibit A, then the contract price shall be adjusted downward proportionately based upon the specified unit prices and the actual quantities used. D cc m Q CC-3 Page 142 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS ARTICLE 6 - PAYMENT PROCEDURES 6.01 CONTRACTOR shall submit completed Applications for Payment in accordance with the Contract Documents. No payment application will be considered complete unless it is accompanied by an updated Construction Progress Schedule and a certification that the on - site, red lined, as -built drawings are up to date. Each application for payment shall constitute a certification by the Contractor that all statements contained in the application are true and correct and that the work represented in the application is complete to the extent specified and done in conformity with the Contract Documents. Completed Applications for Payment will be processed by CITY REP as provided in the Contract Documents. 6.02 Progress Payments: A. On or before the first (1st) day of each month after the date when the Contract Time commences to run, CONTRACTOR shall submit to CITY REP, for review, completed Applications for Payment covering Work performed during the preceding calendar month. Provided a pay application is complete and submitted on or before the first of each month, the CITY will make monthly progress payments based on the progress of the Work, as shown on CONTRACTOR'S Application for Payment, and as certified and approved by CITY REP and measured by the schedule of values provided for in the General Conditions on or before the 15t" of each month, subject to the other conditions set forth herein and in the other Contract Documents. Complete pay applications submitted after the first of each month shall be due on or before twenty five (25) days from the date of submittal to the CITY REP, provided that they are certified for payment. B. To insure the proper performance of the contract CITY shall retain five percent (5%) of the amount of each approved progress payment until the Work is certified by the City Rep as being Substantially Complete. C. CITY may withhold and deduct from progress payments, retention proceeds, or final payment an amount equal to CITY'S estimate of the liquidated damages then due, or that would become due based on CITY'S estimate of late completion of the Work, together with such other sums as are provided in these Contract Documents. 6.03 Final Payment: Upon final completion and acceptance of the Work and upon compliance with all other terms and conditions of the Contract Documents, CITY shall pay the remainder of the Contract Price, including retainage withheld, less such deductions as may be withheld to cover claims in accordance with state law and the Contract Documents, and to cover liquidated and special damages and other charges owing to CITY. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the following representations: 7.01 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda) and other related data identified in the Bidding Documents, including "technical data" and all federal, state and local laws, ordinances, standards, rules and D ca cm a. CC-4 Page 143 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.02 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) the reports of investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) and the drawings of physical conditions in or relating to existing surface or subsurface structures, at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing all the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. The reports and drawings available to CITY are listed in the Supplementary Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY and CITY'S REP do not assume responsibility for the accuracy or completeness of information and data shown or indicated therein with respect to Underground Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for locating and resolving any conflicts with any Underground Facilities. 7.03 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.04 CONTRACTOR has made or caused to be made examinations, investigations, tests, studies and related data as he deems necessary, and CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract times and in accordance with the other terms and conditions of the Contract Documents. 7.05 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, reports, and data, with the terms and conditions of the Contract Documents. 7.06 CONTRACTOR has given CITY REP written notice of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. CONTRACTOR assumes full responsibility and liability for any conflicts, errors or discrepancies in the Contract Documents, including, but not limited to, the specifications, design and engineering for the project, for which written notice has not been provided and which an adequate review by CONTRACTOR would have revealed. ARTICLE 8 - CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of those listed below. There are no Contract Documents other than the following: D ca cm a. CC-5 Page 144 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS 8.01 The Contract 8.02 Bid Proposal 8.03 The Construction Drawings 8.04 The Technical Specifications 8.05 Performance Bond and Payment Bond 8.06 Moab City Design Standards and Public Improvement Specifications (September 1999) 8.07 American Public Works Association Standard Plans and Specifications (2012 Edition) 8.08 General Conditions (pages 1 to 47, inclusive) 8.09 Notice to Proceed to be issued after Contract award, prior to construction. 8.10 The following which may be delivered or issued after the Effective Date of this Contract and are not attached hereto: A. Written Amendments; B. Work Change Directives; C. Change Order(s). ARTICLE 9 - INSURANCE 9.01 General Insurance Requirements: A. CONTRACTOR, at its own expense, shall purchase and maintain insurance of the types and amounts required in this section, with companies possessing a current A.M. Best, Inc. rating of B++6, or better and legally authorized to do business in the State of Utah with policies and forms satisfactory to CITY. B. Policies written on a "Claims made" basis are not acceptable without written permission from the City's Attorney. C. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of CITY, constitute a material breach of this Agreement and may result in termination of this contract. D. If any of the insurance policies are not renewed prior to expiration, payments to the CONTRACTOR may be withheld until these requirements have been met, or at the option of the City, the City may pay the Renewal Premium and withhold such payments from any monies due the CONTRACTOR. E. All insurance policies, except Workers' Compensation and Professional Liability required by this Agreement, and self -insured retention or deductible portions, shall name, to the fullest extent permitted by law for claims arising out of the performance of this contract, the City of Moab, its agents, representatives, officers, directors, officials and employees as Additional Insureds. F. CONTRACTOR's insurance shall be primary insurance over any insurance available to the CITY and as to any claims resulting from this contract, it being the intention of D cc m Q CC-6 Page 145 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. G. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against CITY, its agents, representatives, officers, directors, officials and employees for any claims arising out of CONTRACTOR 's acts, errors, mistakes, omissions, work or service. H. The insurance policies may provide coverage which contain deductibles or self - insured retentions. Such deductible and/or self -insured retentions shall be assumed by and be for the account of, and at the sole risk of CONTRACTOR. CONTRACTOR shall be solely responsible for the deductible and/or self -insured retention. The amounts of any self -insured retentions shall be noted on the Certificate of Insurance. CITY, at its option, may require CONTRACTOR to secure payment of such deductibles or self -insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. Self -insured retentions in excess of $10,000 will not be accepted except with permission of the Management Services Director/designee. I. All policies and certificates shall contain an endorsement providing that the coverage afforded under such policies shall not be reduced, canceled or allowed to expire until at least thirty (30) days prior written notice has been given to CITY. J. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the CONTRACTOR with reasonable promptness in accordance with the CONTRACTOR's information and belief. K. In the event that claims in excess of the insured amounts provided herein, are filed by reason of any operations under this contract, the amount of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the CONTRACTOR until such time as the CONTRACTOR shall furnish such additional security covering such claims as may be determined by the CITY. 9.02 Proof of Insurance - Certificates of Insurance A. Prior to commencing work or services under this Agreement, CONTRACTOR shall furnish to CITY Certificates of Insurance, issued by CONTRACTOR's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and obtain from the City's Risk Management Division approval of such Certificates. B. If a policy does expire during the life of this Agreement, a renewal certificate must be sent to the City of Moab five (5) days prior to the expiration date. C. All Certificates of Insurance shall identify the policies in effect on behalf of CONTRACTOR, their policy period(s), and limits of liability. Each Certificate shall include the job site and project number and title. Coverage shown on the Certificate of Insurance must coincide with the requirements in the text of the contract documents. Information required to be on the certificate of Insurance may be typed on the reverse of the Certificate and countersigned by an authorized representative of the insurance company. D. CITY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. CITY shall not be obligated, however, to review same or to advise CONTRACTOR of D ca cm a. CC-7 Page 146 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS any deficiencies in such policies and endorsements, and such receipt shall not relieve CONTRACTOR from, or be deemed a waiver of CITY's right to insist on, strict fulfillment of CONTRACTOR's obligations under this Agreement. 9.03 Required Coverage - Such insurance shall protect CONTRACTOR from claims set forth below which may arise out of or result from the operations of CONTRACTOR under this Contract and for which CONTRACTOR may be legally liable, whether such operations be by the CONTRACTOR or by a Sub -consultant or subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Coverage under the policy will be at least as broad as Insurance Services Office, Inc., policy form C000011093 or equivalent thereof, including but not limited to severability of interest and waiver of subrogation clauses. A. Claims under Workers' Compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; B. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; C. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; D. Claims for damages insured by usual personal injury liability coverage; E. Claims for damages, other than to Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; F. Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; Coverage will be at least as broad as Insurance Service Office, Inc., coverage Code "I" "any auto" policy form CA00011293 or equivalent thereof. G. Claims for bodily injury or property damage arising out of completed operations; H. Claims involving contractual liability insurance applicable to the Contractor's obligations under the Indemnification Agreement; I. Claims for injury or damages in connection with one's professional services; J. Claims involving construction projects while they are in progress. Such insurance shall include coverage for loading and off loading hazards. If any hazardous material, as defined by any local, state or federal authorities are to be transported, MCS 90 endorsement shall be included; 9.04 Commercial General Liability - Minimum Coverage Limits: The Commercial General Liability insurance required herein shall be written for not less than $1,000,000 limits of liability or ten percent (10%) of the Contract Price, whichever coverage is greater. Any combination between general liability and excess general liability alone amounting to a minimum of $1,000,000 per occurrence (or 10% per occurrence) and an aggregate of $2,000,000 (or 20% whichever is greater) in coverage will be acceptable. The Commercial General Liability additional insured endorsement shall be as broad as the Insurance Services, Inc's (ISO) Additional Insured, Form B, CG 20101001, and shall include coverage for CONTRACTOR's operations and products, and completed operations. D cc m Q CC-8 Page 147 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS 9.05 General Liability - Minimum Coverage Limits A. The General Liability insurance required herein, including, Comprehensive Form, Premises -Operations, Explosion and Collapse, Underground Hazard, Products/Completed Operations, Contractual Insurance, Broad Form Property Damage, Independent Contractors, and Personal Injury shall be written for Bodily Injury and Property Damage Combined shall be written for not less than $1,000,000 or 10% of the contract cost and with a $2,000,000 aggregate. B. Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any owned, hired, and non -owned vehicles assigned to or used in performance of the CONTRACTOR's work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards if hazardous substances, materials or wastes are to be transported and a MCS 90 endorsement shall be included with coverage limits of $5,000,000 per accident for bodily injury and property damage. 9.06 Worker's Compensation and Employer's Liability: A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over CONTRACTOR's employees engaged in the performance of the Work or Services; and, Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease coverage for each employee, and $1,000,000 disease policy limit. B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of CONTRACTOR. ARTICLE 10 - INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless the City of Moab, its agents, representatives, officers, , officials and employees from and against all claims, damages, losses and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this Contract. CONTRACTOR'S duty to defend, hold harmless and indemnify the City of Moab, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from any acts, errors, mistakes, omissions, work or services in the performance of this contract including any employee of the CONTRACTOR or any tier of subcontractor or any other person acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. D ca cm a. CC-9 Page 148 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS ARTICLE 11 - BONDS 11.01 Bid Security will be returned to the Contractor once the Contract is executed. 11.02 Contemporaneous with issuance of the Notice to Proceed, Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and authorized to do business in the State of Utah, in a form acceptable to the City, and in an amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and benefit of the City to secure Contractor's performance of its construction obligations under this Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations. 11.03 Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. 11.04 The letter of credit, payment bond, and performance bond shall be released no later than one year from the last day of performance of labor or service or supplied equipment or material, provided that no person has provided a demand for payment as provided by law or commenced an action seeking payment against the City or under any such instrument within that time. In the event any person described in subsection (a), above, issues a demand or commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a court of competent jurisdiction, at which point the City will be discharged of any further liability. In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. 11.05 Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract. The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 11.06 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. ARTICLE 12 - MISCELLANEOUS 12.01 Terms used in this Contract which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. D cc m Q CC - 10 Page 149 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS 12.02 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 12.03 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. This Contract will be effective on , 2014. FOR THE CITY OF MOAB ATTEST: MAYOR City Recorder FOR THE CONTRACTOR ATTEST: If Corporation Signature Secretary STATE OF UTAH ) )s COUNTY OF GRAND ) On the day of , personally appeared before me same. , who duly acknowledged to me that they executed the Notary Public My Commission Expires: Residing in: Grand County D cc m Q CC - 11 Page 150 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS D cc m Q CC - 12 Page 151 of 170 City of Moab — Construction Contract Project: LIONS PARK TRAIL AND TRANSIT HUB UTILITY IMPROVEMENTS Exhibit A ARTICLE 13 - PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of 20 by ("Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ , check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the project owned by the City and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. By: Subcontractor Title: D cc m Q CC - 13 Page 152 of 170 AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 28, 2°14 / Agenda Item #: 7-6 1 Title: Approval of Resolution #11-2014—A Resolution Supporting the Initial Community Vision for Future Uses of the Moab UMTRA Project Site Fiscal Impact: No current fiscal impact Staff Presenter(s): Donna Metzler Department: Administration Applicant: NA J Background/Summary: As you know, the Moab Tailings Project Steering Committee created a Site Futures Committee to facilitate a public process to develop recommendations regarding potential future use of the Moab UMTRA site. Accordingly, the Site Futures Committee developed a Initial Community Vision for Futures Uses of the UMTRA Project Site, which included a conceptual site map. This concept level vision was presented to Grand County and the City of Moab at a joint City Council/County Council meeting on November 21. This vision is described in a document entitled "Initial Community Vision for Future Uses of the EMTRA Project Site," sometimes referred to as a `White Paper." Subsequent to the joint meeting, some minor changes were made at the request of Grand County to the White Paper document and the accompanying map. Specifically, the conceptual locations of the event center and the federal resource center were essentially switched, to indicate a desire that the federal resource center would not be in a visually prominent area. In addition, the idea that federal buildings should be leased rather than owned by the federal government was included. Grand County has adopted by resolution the vision and map with the aforementioned changes. The resolution adopted by Grand County is provided as an attachment. Of note is Grand County's desire to own the property upon completion of the remediation project. The City's resolution acknowledges Grand County's desire to own the property. It is important to note that endorsement of the concept is just that —endorsement of a concept. While the vision should provide a guide for future decision making regarding the property, approval of the vision is non- binding and subject to revision and deviation as circumstances may warrant. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of the resolution. Recommended Motion: "I move to approve Resolution #11-2014." Attachment(s): Resolution #11-2014; "Initial Community Vision for Future Uses of the UMTRA Project Site;" Informational Flyer; Grand County approved resolution D cc m Q Page 153 of 170 Resolution #11-2014 A RESOLUTION SUPPORTING THE INITIAL COMMUNITY VISION FOR FUTURE USES OF THE MOAB UMTRA PROJECT SITE WHEREAS, in 2005, the United States Department of Energy ("DOE") issued a Record of Decision approving a Uranium Mill Tailings Remedial Action ("UMTRA") for removal of approximately 13 million tons of uranium tailings from the Atlas Mill site on the banks of the Colorado River near Moab, Utah ("Moab Site") to a disposal site near Crescent Junction, Utah (collectively, the "UMTRA Project"); and WHEREAS, the DOE expects to complete remediation of the Moab Site by approximately 2025; and WHEREAS, Grand County established the Moab Tailings Project Steering Committee (the "Steering Committee") as a forum and mechanism for open communication and monitoring of the UMTRA Project during its operation, to advise the County Council on matters pertaining to the Project and to seek appropriate future uses of the Moab Site and Crescent Junction Site upon completion of the Project; and WHEREAS, it is customary, though not required, for the DOE to transfer remediated UMTRA properties to other governmental entities to use for beneficial purposes; and WHEREAS, the Steering Committee established the Site Futures Committee as a subcommittee to develop recommendations regarding potential future uses of the Moab Site through a public planning process; and WHEREAS, it is Grand County's express intent that future uses of the Moab Site provide substantial social and economic benefits to residents of and visitors to Moab and Grand County; and WHEREAS, Grand County, the City of Moab, the National Park Service, the Bureau of Land Management and Utah's Division of Forestry, Fire and State Lands foresee beneficial purposes for some portions of the Moab Site and have collaborated with Grand County's Site Futures Committee and citizens to develop a shared vision (the "Initial Community Vision") for these beneficial uses; and WHEREAS, on November 13, 2013, this Initial Community Vision was endorsed by Grand County's Moab Tailings Project Steering Committee (the "Steering Committee"), by unanimous vote at their public Special Meeting, to serve as a starting point for planning possible future features of the Moab Site; and WHEREAS, the Community Vision is expected to be periodically updated using additional public and agency input until final disposition of the Moab Site is determined by the DOE sometime after 2025;and WHEREAS, the Community Vision could be used by the DOE during the remediation to accommodate community preferences, where allowed within the UMTRA scope, and by local government leaders in support of appeals for adequate federal funding for the UMTRA Project; and D cc m Q Page 154 of 170 WHEREAS, on November 21, 2013, the Initial Community Vision was presented and recommended by the Steering Committee to both the Grand County Council and the Moab City Council at a joint session; NOW THEREFORE, the Moab City Council hereby supports and endorses the Initial Community Vision as recommended by the Steering Committee as a starting point for more detailed planning as required for the Specially Planned Area, with the following provisions: Transfer of Site from DOE. The City of Moab acknowledges that Grand County has requested that DOE transfer ownership of the Moab Site to Grand County upon completion of the Moab Project. Future Uses to Provide Social and Economic Benefits. It is the express intent of this Initial Vision that any future uses of the Moab Site shall provide substantial social and economic benefits to residents of and visitors to Moab and Grand County. Periodic Updates to the Community Vision. At least once every five years until the DOE determines final site disposition, the Steering Committee may direct the Site Futures Committee to review and update the Community Vision as needed using a public and agency input process, and to coordinate these reviews and updates with other planning processes. Notification of Substantive Updates. The Steering Committee shall notify the Grand County Council and the Moab City Council whenever a substantive update is made by the Site Futures Committee to the Initial Community Vision or any subsequent Community Visions for future uses of the Moab Site. Review and Approval of Substantive Updates. The Moab City Council and the Grand County Council reserves the right to endorse or reject any substantive future revisions to the Community Vision. Passed and adopted by action of the Governing Body of the City of Moab in open session this 28th day of January, 2014. Attest: Rachel E. Stenta City Recorder CITY OF MOAB By: David L. Sakrison Mayor D cc m m Q su Page 155 of 170 RESOLUTION NO. A RESOLUTION SUPPORTING THE INITIAL COMMUNITY VISION FOR FUTURE USES OF THE MOAB UMTRA PROJECT SITE GRAND COUNTY COUNCIL, STATE OF UTAH WHEREAS, in 2005, the United States Department of Energy ("DOE") issued a Record of Decision approving a Uranium Mill Tailings Remedial Action ("UMTRA") for removal of approximately 13 million tons of uranium tailings from the Atlas Mill site on the banks of the Colorado River near Moab, Utah ("Moab Site") to a disposal site near Crescent Junction, Utah (collectively, the "UMTRA Project"); and WHEREAS, the DOE expects to complete remediation of the Moab Site by approximately 2025; and WHEREAS, Grand County established the Moab Tailings Project Steering Committee (the "Steering Committee") as a forum and mechanism for open communication and monitoring of the UMTRA Project during its operation, to advise the County Council on matters pertaining to the Project and to seek appropriate future uses of the Moab Site and Crescent Junction Site upon completion of the Project; and WHEREAS, it is customary, though not required, for the DOE to transfer remediated UMTRA properties to other governmental entities to use for beneficial purposes; and WHEREAS, the Steering Committee established the Site Futures Committee as a subcommittee to develop recommendations regarding potential future uses of the Moab Site through a public planning process; and WHEREAS, it is Grand County's express intent that future uses of the Moab Site provide substantial social and economic benefits to residents of and visitors to Moab and Grand County; and WHEREAS, Grand County, the City of Moab, the National Park Service, the Bureau of Land Management and Utah's Division of Forestry, Fire and State Lands foresee beneficial purposes for some portions of the Moab Site and have collaborated with Grand County's Site Futures Committee and citizens to develop a shared vision (the "Initial Community Vision") for these beneficial uses; and WHEREAS, on November 13, 2013, this Initial Community Vision was endorsed by Grand County's Moab Tailings Project Steering Committee (the "Steering Committee"), by unanimous vote at their public Special Meeting, to serve as a starting point for planning possible future features of the Moab Site; and WHEREAS, the Community Vision is expected to be periodically updated using additional public and agency input until final disposition of the Moab Site is determined by the DOE sometime after 2025; and WHEREAS, the Community Vision could be used by the DOE during the remediation to accommodate community preferences, where allowed within the UMTRA scope, and by local government leaders in support of appeals for adequate federal funding for the UMTRA Project; and D ca cm a. Page 156 of 170 WHEREAS, on November 21, 2013, the Initial Community Vision was presented and recommended by the Steering Committee to both the Grand County Council and the Moab City Council at a joint session; NOW THEREFORE, the Grand County Council hereby supports and endorses the Initial Community Vision as recommended by the Steering Committee as a starting point for more detailed planning as required for the Specially Planned Area, with the following provisions: Transfer of Site from DOE. Grand County Council requests that DOE transfer ownership of the Moab Site to Grand County upon completion of the Moab Project. Future Uses to Provide Social and Economic Benefits. It is the express intent of this Initial Vision that any future uses of the Moab Site shall provide substantial social and economic benefits to residents of and visitors to Moab and Grand County. Periodic Updates to the Community Vision. At least once every five years until the DOE determines final site disposition, the Steering Committee may direct the Site Futures Committee to review and update the Community Vision as needed using a public and agency input process, and to coordinate these reviews and updates with other planning processes. Notification of Substantive Updates. The Steering Committee shall notify the Grand County Council whenever a substantive update is made by the Site Futures Committee to the Initial Community Vision or any subsequent Community Visions for future uses of the Moab Site. Review and Approval of Substantive Updates. The Grand County Council reserves the right to endorse or reject any substantive future revisions to the Community Vision. This Resolution was duly and regularly introduced and passed by vote at a regular meeting of the Grand County Council, State of Utah, on the _ day of , 2014: APPROVED this _ day of , 2014, by the following vote: AYE NAY ABSENT ATTEST: Diana Carroll A. Lynn Jackson Grand County Clerk/Auditor Grand County Council Chair D ca cm a. Page 157 of 170 North Moab Valley Gateway Area After the Pile Initial Community Vision for Future Uses of the UMTRA Project Site * Results of a Public Input Process Conducted by the Site Futures Committee Subcommittee of Grand County's Moab Tailings Project Steering Committee January 2014 Norm Boyd, At -Large Kristine Braun, Grand County Sabrina Henry, NPS Jason Johnson, Utah FFSL Donna Metzler, City of Moab Saxon Sharpe, At -Large (Vice Chair) Rock Smith, BLM Russ von Koch, At -Large (Chair) • Uranium Mill Tailings Remedial Action, former Atlas Mill site Initial Community Vision for Moab UMTRA Mill Site (January 21, 2014) Page 1 Page 158 of 170 epueB y OL L in 65 L abed 1 (tioz `Klunuuf) ImAT v-HIJ H1 crow zoj uotstn Xl!unuzuzop Rail Station Uranium Mining & Milling Memorial Viewpoint 0 Date: 11 /26/2013 Initial Community Vision i/ /1 •,\,... ,r',7036 C auyo,1q ash Area Trarnsit nterU]Y_ �7.1,:,\P 7,— �O ation Plaza.: ..ot [ ( Play �� Ice Rink �� Welcome Area d ' j Center J Qo went 1, t �� Fe ral Rc�Durce tenter oe ocvices r. -9 acres For Scale 1,000 1,500 2,000 Feet �. munit Park E oansion Area Bo t Ra '& Pa Ing I I I I Rail line Learning Trail Existing paved road _ Trailhead Parking Bike/Pedestrian Trail Utility easements O Moab Canyon Floodplain (100 yr) DOE Fresh Water Pond Current Scenic Buffer Flood plain (100 yr) Upland Management Area Under the Grand County Land Use Code, the UMTRA Project site is designated as a Specially Planned Area where further planning is necessary before future uses may take place. The Initial Community Vision Map provides a concept of how the CrO CD various uses derived through the Site Futures planning process might be located on the property. Considerable further N planning and feasibility studies will be necessary prior to development. Initial Community Vision for Future Uses of the UMTRA Project Site Introduction: The recommended Initial Community Vision for the Moab UMTRA Project site is a conceptual guide for future site development. It includes a range of potential uses that would benefit both residents and visitors. Visualized features include transportation and public information facilities, community park -type uses with an event center, a prominent location for commercial visitor -related facilities, research and educational facilities and space for future, unobtrusive natural resource agency offices. The intent of the vision is to create a mix of uses that provide substantial economic, social and community benefits. The Initial Community Vision includes a map showing the various potential uses recommended by the Site Futures Committee as the result of the year -long public input process that concluded in December 2013. The map is supported by a summary of the potential uses and management policies recommended by the Committee. The Vision is not a detailed site plan. Future planning will be necessary under Grand County's Land Use Code for this Specially Planned Area. Transportation and Informational Facilities: Reserve space for a transit center near the junction of US 191 and SR 279. The transit center would serve visitors to Arches National Park, Bar M recreation area, downtown Moab and as far south as the campgrounds south of Moab. Parking would be shared by the transit and event centers. Space would also be reserved for long distance bus and van services. Reserve space at the UMTRA train loading facility for a future Moab Rail Station to provide for a future passenger rail connection to Moab. Pending rail development, manage the existing road to the future rail station as access to an interpretive view area to be built outside of the existing railroad right-of-way. Reserve space for a staffed welcome center / orientation plaza (similar to that at Zion National Park) co - located with the Transit Center to provide information to visitors through outdoor exhibits about the site's history and present uses. Exhibits at the outdoor orientation plaza would also cover nearby recreation opportunities and available services. Integrate a uranium memorial, dedicated to those individuals and families affected by the mining and milling of uranium on the Colorado Plateau, with outdoor displays in the orientation plaza. Community Park: Reserve space for a multi -purpose outdoor Event Center southeast of the Transit Center to provide facilities for a wide variety of existing and new events such as car shows, non - motorized races, and outdoor concerts. Facilities typically associated with such venues include a performance stage, lawn seating, parking, and an event service area with restrooms, commercial kitchen, ticket office, entry area, administrative office, and a concession area for food, equipment rental and memorabilia. A "snack shack" could serve both community park users and event attendees. Provide for enhancement of public non -motorized access by extending the Mill Site Riverside Trail to form a loop around the property, construction of two trail connector routes with the North Moab Canyon Trail, development of three trailheads with parking, and installation of picnic sites and benches. Construct "learning" trails and areas to portray the site's history, resources, and values. Develop other non -motorized trails to connect the various use areas and to provide for public recreation. Initial Community Vision for Moab UMTRA Project Site (January 21, 2014) Page 3 Page 160 of 170 Reserve space for an informal multi -purpose play area (e.g., giant chessboard, frisbee golf, etc.) adjacent to the event center. This area could also be used for community celebrations and events. Reserve space for a boat ramp and parking area sited along the southern section of the property. This project would be in cooperation with the Utah Division of Fire, Forestry, and State Lands (additional study necessary to determine the feasibility and best location for the ramp). Reserve space for a shallow fresh water skating pond for winter use near the existing fresh water pond. Commercial and Office Use: Lease the present UMTRA administrative area along US 191 for development of visitor -related commercial uses (e.g., lodging, in-house shopping, a convention center, golf course, mountain bike park and other similar uses). Revenue from partnership arrangements with the commercial developers, e.g., through a long term land lease or sale, could be used to help offset the costs for the public uses outside of the commercial development area. Reserve space for an unobtrusive federal resource agency office complex and natural resource teaching and research facility south of the Welcome Center in the western section of the present tailings pile, freeing up several buildings closer to Moab for possible commercial use. Establish scenic buffers between site facilities and highways US 191 and SR 279 to separate these transportation corridors from the developed areas of the site and provide shade along the sections of the Millsite Riverside Trail adjacent to the highways. Parking: Provide parking and related facilities to serve the transit center, the event center, the commercial use area and the combined federal offices, the three trailheads, the boat ramp, and other site facilities. Consider parking fees as a source of site management revenue, e.g., premium covered parking under structures with rooftop solar electric cells. Encourage use of off -site parking through development of public transit from Moab and utilization of the North Moab Bike Paths and Lions Park Transit Hub. Utilities and Site Maintenance: Provide water and sewer service as needed to support site uses in partnership with the Arches Special Service District and / or the City of Moab. Reserve a site on the southern end of the original DOE property for a future sewage treatment facility. Emphasize minimization of culinary water and sewer use to reduce the expense of providing these utilities. Utilize dual water system to reduce the volume of culinary water needed on the site (i.e., fully -treated water for culinary purposes and partially -treated river water for sewage and irrigation purposes). Reserve space for a site maintenance facility that would include a small building for storage of equipment and tools, parking, and material storage. Management Policies: Assign the existing Colorado River water rights held for the UMTRA project to a future management entity for on -site uses. Determine long-term on -site water needs. If supply exceeds projected on -site demand, consider transfer for local beneficial use. Create the Moab Canyon / Colorado River Floodplain Management Area (100 year flood plain levels), and the Upland Management Area to provide general guidance for the planning area. Limit use of lands Initial Community Vision for Moab UMTRA Mill Site (January, 2014) Page 4 Page 161 of 170 within the 100 year flood plain to flood -resistant or easily replaceable facilities. Manage the upland area for scenic and restoration purposes. Limit major facilities and structures to areas above the 100 year flood plain. Consider special construction methods within the probable maximum flood area (300,000 cfs). Review adequacy of existing land use code provisions for safeguarding life and property within the 100 year flood plain as applicable to the project's site along the Colorado River. Prohibit residential use within both the 100 year flood plain and the probable maximum flood area. Develop a flood evacuation plan to secure facilities and protect public safety. Monitor flood risk as the site is developed. Integrate low profile on -site solar electric generation, and energy and water conservation measures, into buildings and parking structures to provide for on -site energy needs. Install recycling collection facilities on -site to reduce overall energy use and encourage site users to reduce, reuse, and recycle to minimize land fill use. Supplemental Information Moab UMTRA Project: The U.S. Department of Energy's Office of Environmental Management ("EM") is conducting remediation and reclamation of the site of the former Atlas Minerals uranium mill and tailings. The 480 acre site is 3 miles north of Moab on the banks of the Colorado River and adjacent to Arches National Park. This project is a Uranium Mill Tailings Remedial Action ("UMTRA") authorized by Congress and funded by annual appropriations. EM expects to complete this work around 2025. The site might then be transferred to another governmental entity or perhaps a local government. Initial Community Vision: A 2013 collaborative effort with representatives of stakeholders Grand County, City of Moab, National Park Service, Bureau of Land Management, Utah's Division of Forestry, Fire and State Lands, and three appointed citizens "at large" resulted in an Initial Community Vision for beneficial future uses of the Moab Mill Site. The Initial Vision is expected to be reviewed and updated several times before the remediation is complete. How Was This Initial Vision Developed? The Moab Tailings Project Steering Committee ("MTPSC") is delegated responsibility in Grand County Resolution 2992 to "discuss and develop strategies for the future use of the Moab Site." In early-2013, MTPSC established a subcommittee, the Site Futures Committee ("SFC"), to develop and conduct a public input process for creation of a shared community vision of future uses of the Moab Mill Site. SFC hosted a public workshop on May 15, 2013 to educate the public and held a public comment period to generate suggestions for future site uses. SFC integrated the public and agency suggestions into four alternative concepts for the site and then held a second public workshop on September 18, 2013 to introduce the four alternatives followed by a second public comment period on the alternatives. The Initial Community Vision incorporates citizen and agency input from the entire process to provide a conceptual guide for future development of the site. The recommended Vision includes transportation and public information facilities, community park -type uses with an event center, a prominent location for commercial visitor -related facilities, and leased space for future natural resource Initial Community Vision for Moab UMTRA Project Site (January 21, 2014) Page 5 Page 162 of 170 agency offices with attached research and educational facilities. The Initial Community Vision was recommended to the MTPSC and unanimously approved at their public meeting on November 13, 2013. MTPSC presented the recommended concept as an Initial Community Vision on November 21, 2013 at a joint meeting of County and City Councils. Why Now? There is no guarantee that DOE will transfer the site to another entity, or that the Moab UMTRA Project will be complete by 2025. However, a conceptual vision for future uses of the site provides several benefits before remediation is complete: A. A demonstrated interest in future uses of the site provides justification for continued funding of the Moab UMTRA Project at a level adequate to support year-round operations. Winter operations at the Project were curtailed in 2012 and 2013 due to funding constraints. B. The vision may allow EM to accommodate future uses if they can do so within their approved scope of work, and particularly if EM can reduce costs. For example, UMTRA project scope might include de -commissioning of the paved haul road to the railroad loading area (constructed in 2010) to "restore the site to original condition." However, the Initial Community Vision includes use of these facilities as a route between a passenger rail terminal and a transit center plus an additional trail connection with the Moab Canyon non -motorized trail. C. A community vision shared with potential stakeholders can be used by all parties to guide planning for future management of the site, and provides justification for transfer of the site from DOE. What Happens Next? The Councils may then consider endorsing this initial vision at their respective following meetings. For further information see Grand County's website Moabtailings.org/sfc.html. Initial Community Vision for Moab UMTRA Mill Site (January, 2014) Page 6 Page 163 of 170 NORTH MOAB VALLEY GATEWAY AREA AFTER THE PILE INITIAL COMMUNITY VISION (2014) FOR FUTURE USES OF THE UMTRA PROJECT SITE CUN1 PtA1NAiMN 0.REa 4NIEFCCESS OMiYYF9 , Rail Station Uranium Mining & MlMing Memorial Viewpoint Swaony .a. -9 acres For Scale Initial Community Vision Sewage Treatment Fac �i y Iwo u.rnalp 'Pad Exi.en pe+w row nerneee n.rymp O'a Canyon Fi ootlWm 1100 yrp DOEFntr.wa0.0 Curnr Scee, e non {Mr r rou yr upend YanaOFnM[ara. ✓ Anticipates potential site transfer from DOE ✓ Re -purposes site to provide substantial long-term economic and social benefits ✓ Projects a mix of beneficial community, commercial and agency uses ✓ Developed through year -long community and agency input process * Uranium Mill Tailings Rog cf:;r ifctrain —former Atlas Mill site North Moab Valley Gateway Area Initial Community Vision January 2014 Transportation and Informational Facilities Transit center (connecting recreation and park areas with Moab) Welcome center (Arches pre -entry and regional information) Orientation plaza (exhibits on history, resources, and recreational opportunities) Uranium mining and milling memorial (outdoor exhibit) Rail station (for future rail passenger service) Community Park Outdoor event center (with stage, vendor stalls, concession area, & "snack shack") Millsite Riverside Trail loop (circles site and connects with Moab Canyon Trail) Scenic buffer along US 191 and SR 279 (also shade for Millsite Riverside Trail loop) Play area open space View point, boat ramp, ice rink Community park expansion area (reserved for unidentified future uses) Riverside access with viewpoints and benches Commercial and Office Use Commercial area providing visitor -related services Leased federal resource agency offices with educational and research facilities Parking Transit center Outdoor event center 191 trailhead, north 279 trailhead, south 279 trailhead Boat ramp Utilities and Site Maintenance Water & sewer provided in cooperation with partner entities Site maintenance facility Management Policies Floodplain management Retention of existing Colorado River water rights for on -site and county / city use Upland management area for scenic and restoration purposes Low profile solar generation from buildings and parking structures Additional energy and water conservation guidelines For more information see Grand County's website moabtailings.org/sfc.html or call 435-259-1795 Page 165 of 170 AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 28, 2014 Agenda Item #: 7-7 Title: Resolution Approving Proposed Interlocal Agreement between the City of Moab and Grand County to Transfer $12,500 of Grant Funds Received from the State Division of Parks and Recreation to Reimburse Grand County Trail Mix Committee for Development of the Prospector Trail and Klondike & Klonzo Singletrack Non -motorized Trail additions. Fiscal Impact: NA Staff Presenter(s): David Olsen Department: Community Development Applicant: NA Background/Summary: $12,500 in funds from the State Division of Parks and Recreation Recreational Trails Program were granted to the City for a joint City/Trail Mix application to build the Prospector Trail and Klondike/Klonzo trail additions. The City wishes to transfer $12,500 of trail funds to the County. The trail funds should be transferred from the County to the CNHA Trail Mix account to reimburse Trail Mix for helping to build the Prospector Trail and for building the Klondike and Klonzo Singletrack Trails. CNHA stands for Canyonlands Natural History Association; Grand County has a Memorandum of Agreement for CNHA to receive funds from Grand County and other sources for non -motorized trails. Options: The Council may approve the agreement, approve the agreement with changes, not approve the agreement, or postpone approval of the agreement. Staff Recommendation: Staff recommends that the City Council approve the agreement and the associated transfer of funds. Recommended Motion: "I make a motion to approve the Interlocal Agreement as presented." Attachment(s): Interlocal Agreement & Maps Page 166 of 170 Resolution #12-2014 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MOAB AND GRAND COUNTY PERTAINING TO THE TRANSFER OF GRANT FUNDS FROM THE STATE OF UTAH DIVISION OF PARKS AND RECREATION TO GRAND COUNTY FOR THE DEVELOPMENT OF NON -MOTORIZED TRAILS. WHEREAS, the City is City has entered into an agreement with the State of Utah Division of Parks and Recreation to build the Prospector Trail and the Klondike/Klonzo Trail Additions ; and WHEREAS, this project included the joint efforts of the City of Moab and the Grand County Trail Mix Committee; and WHEREAS, the City of Moab desires to reimburse the Grand County Trail Mix committee for their expenditure and volunteer resources spent on these trail projects; and WHEREAS, the Interlocal Cooperation Act (Sections 11-13-1 et Seq. Utah Code Annotated) allows local governmental agencies to enter into agreements that benefit the constituencies of the agencies entering into said agreements; and WHEREAS, the governing bodies of the City and Grand County have determined that the twenty additional miles of trails will serve city and county residents alike; NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to enter into an interlocal agreement with Grand County that covers the terms and conditions of the transfer of trail grant funds. Passed and adopted by action of the Governing Body of the City of Moab in open session this 28th day of January, 2014. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, Recorder Resolution # 12-2014 Page 167 of 170 US. oOnmMan 01 ME ■n6lOR cur. Co u.o aux.: a i6 1 1A Dab Ncm 124 BIKE TRAILS Solid colored lines are single tracks. Dashed colored lines are PairaP R. MOTORIZED TRAIL SYSTEM D CO �D 3 Q sy KlonZo-I Mountain Bike Area � ft 0 400 800 1200 1600 2000 2400 Data Zoom 14-3 W arkin or e and Trail Head 1 Dunestone 1 L� Borderline a 1 e- 11 1' 1 • •4800 -- e 1' brP - TRN� MIX GRAND COUNTY ma_ ` -Ni,r 11 r\t I 11 .% �� ••��♦� • ��� 1 ♦` ,0 Waho Y) r r r Cross Canyon e, a 5rilppet r ‘?,ol 1CO • 0y o 1 �0 o o 1 e 1 1 • • ast arking and Trail Head �t 0 �a rco O Trail Explanation Solid colored lines are completed trails. Dashed colored lines are not yet built. 0 You Are Here ARCHES NATIONAL PARK 7 TO HWY-191 q'e 1��65 a tipline Here RivPe Easi- RouL‘ Skill ,trail has steep sl9pes and ti = � r 110.1 •.=L . it requirePtechnical riding skills your attentionThe trail is best intermediate "mountain bikers: clean switchbacks. demand suited • � . Rock