HomeMy Public PortalAboutPKT-CC-2014-11-25Moab City Council
November 25, 2014
Pre -Council Workshop
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL
CITY CENTER
(217 East Center Street)
CHAMBERS
Agenda
Page 1 of 116
Page 2 of 116
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, November 25, 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
1-1 October 28, 2014
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4: PRESENTATIONS AND PROCLAMATIONS
4-1 Presentation of the Annual Audit for Fiscal Year 2013-2014
SECTION 5: PUBLIC HEARING (Approximately 7:15 PM)
None
SECTION 6: SPECIAL EVENTS/VENDORS
6-1 Approval of a Special Event License for the Moab Area Chamber Commerce for the
Winter Light Parade and Tree Lighting on December 5 and 6, 2014
6-2 Approval of a Request for a Waiver of Special Event Fees for the Moab Area
Chamber of Commerce in an Amount Not To Exceed $90.00
6-3 Approval of a Change of Location for a Private Property Vendor License for
Quesadilla Mobilla at 89 North Main Street
SECTION 7: NEW BUSINESS
7-1 Acceptance of the Annual Audit for Fiscal Year 2013-2014
7-2 Approval of Proposed Resolution #39-2014 — A Resolution Conditionally Approving a
Conditional Use Permit for a Bed and Breakfast Located on the McElhaney Property
at 100 Arches Drive in the R-2 Zone
Agenda
Page 3 of 116
7-3 Approval of Proposed Resolution #50-2014 —A Resolution Declaring Certain Property
Owned by the City of Moab as Surplus
7-4 Award of the 500 West Waterline Project
7-5 Approval of the 500 West Waterline Project Contract
7-6 Approval of Proposed Resolution #51-2014 — A Resolution Approving a Local
Government Contract by and between the City of Moab and Horrocks Engineering
for the Moab 500 West Phase 3 Road Improvement Project, for Construction
Engineering Management Services
7-7 Approval of Proposed Resolution #53-2014 — A Resolution Approving an Interlocal
Agreement by and between the City of Moab and Grand County, Pertaining to the
Ownership, Development, Operation and Maintenance of Lions Park, the Lions Park
Trail, the Lions Park Transit Hub, and the Colorado River Pathway
7-8 Approval of Proposed Resolution #52-2014 — A Resolution Approving a Landscape
Maintenance Agreement for Lions Park by and between the Utah Department of
Transportation and the City of Moab
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: EXECUTIVE SESSION
13-1 An Executive Session to Discuss the Character, Professional Competence, or Physical
or Mental Health of an Individual
SECTION 14: 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
Agenda
Page 4 of 116
MOAB CITY COUNCIL
REGULAR MEETING
October 28, 2014
The Moab City Council held its Regular Meeting on the above date in the
Council Chambers at the Moab City Center, located at 217 East Center
Street, Moab, Utah.
Mayor David L. Sakrison called the Pre -Council Workshop to order at
6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg
Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in
attendance were City Manager Donna Metzler, City Recorder/Assistant
City Manager Rachel Stenta, Planning Director Jeff Reinhart, City
Treasurer Jennie Ross, Assistant City Engineer Eric Johanson, Public
Works Director Jeff Foster and Police Chief Mike Navarre.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and led the pledge of allegiance. Forty-six (46) members of the
audience and media were present.
Councilmember McElhaney moved to approve the Regular Meeting
minutes of October 14, 2014. Councilmember Stucki seconded the
motion. The motion carried 5-0 aye.
Under Citizens to Be Heard, Roy Barraclough stated that he was the
former CEO of Moab Regional Hospital and was soon to be the former
Administrator of the Canyonlands Community Care Center. Mr.
Barraclough stated that he and his wife would soon be leaving the
community and he expressed his gratitude for working with the City
Council, City Staff and the Moab Community.
Joe Kingsley stated that he wanted to alert the City council that he had
had received information at a health lecture that he had attended in
Nevada that E-cigarettes account for the number one portal to illegal
drug use.
Randy Day spoke regarding property on Center Street and stated that he
had visited with City Staff and had made no progress resolving the
issues. Mr. Day stated that the property owners have land that is in
effect a taking of property by the City and that they also own a retention
dam that is important to the community. Mr. Day stated that he is
concerned about the lack of progress and that there are two major
issues that still need to be addressed. Mr. Day stated that he would be
back in four weeks to speak again.
October 28, 2014
REGULAR MEETING &
ATTENDANCE
PRE -COUNCIL WORKSHOP
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
Agenda
Page 1 of 7
Page 5 of 116
A Community Development Department Update was not given.
Under Engineering Department Update, Assistant City Engineer
Johanson that he had been working on reviewing plans and a cost
estimate for Deer Trail Subdivision as well as working with developers
on Entrada at Moab Subdivision. Assistant City Engineer Johanson
stated that bids had been received for the 500 West Waterline Project,
that there were a few cost issues and that he had met with an Architect
regarding the Lions Park project.
Mayor Sakrison presented Monica Villalpando with the Mayor's Student
Citizenship of the Month Award for October 2014 for Helen M. Knight
Elementary School.
A Planning Department Update was not given.
A Police Department Update was not given.
A Public Works Department Update was not given.
Mayor Sakrison opened a public hearing on Proposed Resolution #39-
2014 — A Resolution Conditionally Approving a Conditional Use Permit
for a Bed and Breakfast Located on the McElhaney Property at 100
Arches Drive in the R-2 Zone to Public Hearing on October 28, 2014 at
7:22 PM.
Kris Hurlburt stated that she lives in Walker Subdivision and that her
subdivision will be used for access to the proposed bed and breakfast
which will cause an impact to the surrounding neighborhood. Ms.
Hurlburt stated that she did not feel that the Planning Commission had
considered the negative impact on a quiet, peaceful, cul-de-sac when
the Moab City Code states that there must be no clear minimum
negative impact. Ms. Hurlburt speculated the following impacts:
1. Property values will go down.
2. Traffic will increase
3. There will be increased noise from patrons.
4. The dynamic of the neighborhood will change.
5. Lighting will increase in the neighborhood due to traffic and car
lights.
6. It will break up the community and could have serious impacts.
Christina Sloan stated that she was an attorney and had been hired by
the residents of Arches Drive who are unanimously opposed to the
proposed bed and breakfast as is the surrounding neighborhood.
October 28, 2014
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
MAYOR'S STUDENT OF THE
MONTH PRESENTATION —
MONICA VILLALPANDO,
OCTOBER 2014
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
PUBLIC HEARING OPENED ON
PROPOSED RESOLUTION #39-
2014 — CONDITIONAL USE
PERMIT FOR A BED AND
BREAKFAST AT 100 ARCHES
DRIVE
PUBLIC COMMENT
Agenda
Page 2 of 7
Page 6 of 116
Ms. Sloan offered the following list of objections to the proposed bed
and breakfast:
1. The use and scope of the proposed bed and breakfast will
change the quality of the surrounding neighborhoods.
2. The applicants have not demonstrated clearly minimal negative
impacts.
3. The neighborhoods north of 400 East Street are higher quality
neighborhoods as there are no overnight rentals in the
immediate vicinity of this project.
4. The increased traffic will be up -hill on 200 South Street and
commercial traffic on a hill increases wear and tear on the
streets and will lead to increased speeding on 200 South Street.
5. The proposed bed and breakfast is located on a dead end street
therefore traffic cannot be adequately diffused and being the
last lot on a dead end street the in and out traffic will pass by all
houses on the street.
6. The proposed bed and breakfast is a "new -built" bed and
breakfast and the City hasn't approved a "new -built" bed and
breakfast in years.
7. The scope of the project is 6,000 square feet including two
garages — there are concerns that the lot is adequate to
accommodate such a large project.
8. The community does not need more strife.
9. The changes the City has made to municipal code indicates a
trend in public policy to limit overnight rentals.
10. Traffic will increase in the neighborhood as the existing day care
is a fraction of the traffic and the nature of the traffic will
change.
11. The one year review period is not consoling as the City will have
a hard time taking the permit away.
12. Overnight rentals will create traffic issues at night.
13. The proposed project provides four parking spaces for utility
trailers.
14. The scope of the site plan is not compatible with the surrounding
neighborhood.
15. The neighbors are sympathetic that the applicants are seeking a
new vocation.
Vicki Webster stated that she lives at 795 Hillside Drive and that her
primary concern is the potential increase in traffic volume and the
safety concerns. Ms. Webster inquired if the potential maximum impact
is acceptable if the project is approved. Ms. Webster continued that a
commercial level of traffic on a hill will have a negative impact and that
a bed and breakfast that is the center of recreational activities will have
October 28, 2014
PUBLIC COMMENT
(CONTINUED)
Agenda
Page 3 of 7
Page 7 of 116
more than a minimal impact on the neighborhood which is not allowed
according to Moab Municipal Code. Ms. Webster stated that she feels
approval of the project would set a precedence for other vacant lots on
Arches Drive. Ms. Webster offered that she values the McElhaneys as
neighbors but would like a reasonable compromise such as no parking of
trailers and passenger vehicles only.
Cheryl Decker stated that she lives in the Walker Subdivision and she is
worried about the potential of increased traffic and the safety concerns
for the subdivision. Ms. Decker pointed out that there are no sidewalks
in the subdivision and that families and children regularly play in the
streets. Ms. Decker stated that she is concerned about the alteration
the proposed project could cause to the subdivision and that the City
could add sidewalks but that would be too big of a tax burden.
Rick Donham stated that he has lived at 232 Walker Street for the past
15 years and he has a long term sense of his residence. Mr. Donham
stated that building a brand new bed and breakfast will have an
incredible impact on the neighborhood and that this particular
neighborhood is the center of children gathering for Halloween for our
community. Mr. Donham stated that his sister had an overnight rental
in the Hecla subdivision and that she had received a lot of complaints
from surrounding neighbors and had found it to be not profitable. Mr.
Donham stated that he likes that his neighborhood is very quiet and we
would rather not have machinery noise where he resides. Mr. Donham
stated that he feels the proposed project will have a high impact on the
residential neighborhood and he requested that the City Council deny
the project or place appropriate conditions to mitigate the issues.
Sasha Reed stated that she is concerned about the impacts on the
neighborhood and that she considers the neighborhood to be very
special. Ms. Reed observed that the neighborhood has no sidewalks and
can be very difficult for out-of-town drivers to navigate.
Mike Duncan stated that he lives at 579 Rosetree Lane and that there is
a trail or route over the top of Arches Court and that he can hear traffic
and UTVs on that trail. Mr. Duncan stated that he is concerned about
the increase in traffic and that the utility access corridor that goes
straight into Rosetree Lane may have to be gated off.
Dean Nebergall stated that he lives on Walker Street, that he is a retired
Civil Engineer and that the neighborhood is a great, quiet place where
children play in the street. Mr. Nebergall emphasized that the criteria
for approval is the clear possibility for minimal negative impact. Mr.
October 28, 2014
PUBLIC COMMENT
(CONTINUED)
Agenda
Page 4 of 7
Page 8 of 116
Nebergall stated that he couldn't find facts that supported the finding in
the staff memo of minimal impacts on the neighborhood. Mr.
Nebergall stated that he had visited the City Planning department to
review the traffic study that was referenced in the staff memo and that
the traffic study could not be located for review. Mr. Nebergall stated
that as a retired Civil Engineer that he supported Jim Webster's traffic
projections including a significant increase in ATV and motorcycle traffic.
Mr. Nebergall stated that the potential increase in noise levels would be
a negative impact on the neighborhood and that the grade of the road
will impact the noise and safety as well. Mr. Nebergall stated that the
proposed project has a significant chance to negatively impact the
surrounding neighborhoods and he urged the City Council to protect
those neighborhoods.
Mike Steele stated that he lives at 110 Arches Drive and that his home is
a very sacred place for him and his family. Mr. Steele stated that the
proposed bed and breakfast has caused a lot of emotions in his home
and that he has researched the Moab Municipal Code and found several
key points of non-compliance. Mr. Steele stated that applicants must
clearly show that the project won't change the character of the
neighborhoods. Mr. Steele made a sincere plea for the City Council to
protect the integrity of his neighborhood by putting the application to
rest.
Kathy Cooney stated that she has lived at 895 Locust Lane for 28 years
and that while Mulberry Grove doesn't allow car traffic, it is noisier than
her quiet neighborhood. Ms. Cooney stated that she considers quiet to
be a tonic and that when she walks up the hill behind her house she can
hear the individual noises in her neighborhood. Ms. Cooney stated that
she is not against entrepreneurship and wants to keep friendships in the
neighborhoods. Ms. Cooney also stated that she wants the McElhaneys
to be happy and keep the neighborhood happy and that she's not sure
how to achieve that. Ms. Cooney stated that patrons will stay at a bed
and breakfast for one night but the neighborhood is there every night
for years.
Janet Steele submitted a written comment for the public hearing stating
that she is opposed to the proposed project.
Anne Clare Erickson submitted a written comment for the public hearing
stating that she does not think that the applicant has shown the project
will not change the character of the neighborhood. Ms. Erickson stated
that regardless of the proposed project being marketed to jeepers and
ATV users, there will be additional traffic noise which she finds
October 28, 2014
PUBLIC COMMENT
(CONTINUED)
Agenda
Page 5 of 7
Page 9 of 116
unacceptable. Ms. Erickson urged the City Council to please listen to the PUBLIC COMMENT
residents of the neighborhood. (CONTINUED)
Glen Wanczyk and Rob Fleming submitted written comment for the
public hearing. Mr. Wanczyk and Mr. Fleming stated that they live at
687 Hillside Drive and respectfully requested that the City Council
carefully consider the petition for the conditional use permit which they
as neighbors oppose. Mr. Wanczyk and Mr. Fleming stated that they
believe the increased traffic and light and sound pollution will negatively
impact the peaceful environment of their neighborhood. Mr. Wanczyk
and Mr. Fleming requested that the City Council carefully consider the
integrity of the original intent of the Municipal Code in question and
uphold the promise of safety and peace to the homeowners and
neighbors in this peaceful community.
Jeramey and Mary McElhaney stated that they are the applicants of the
proposed bed and breakfast and that they had sent a letter to the City
Council previously. Mr. McElhaney stated that he believed all of the
neighbors would be happy to see them go and that they had not
threatened to build that they were building now. Mr. McElhaney stated
that he wanted to correct that Mary does have an employee for her
daycare business and that the first child arrives at their house at 4:45
AM and that he wanted to correct previous comments that he is not the
Red Rock 4-Wheelers president and had not been since 2007. Mr.
McElhaney also stated that in response to ATVs on the hill and utility
corridor that his proposal includes a fence to limit access to those areas.
Mr. McElhaney invited the Mayor and City Council to visit the site to see
where the front door would be. Mr. McElhaney stated that he had
thought through how to make the building easier on his neighbors when
he was designing the building and the layout on the lot. Mr. McElhaney
said that they would be willing to listen to comments or suggestions.
Mayor Sakrison stated that public comment would be accepted until the
November 25, 2014 Regular Council Meeting. Mayor Sakrison then
closed the public hearing at 8:16 PM.
Councilmember Peterson moved to approve Proposed Resolution # 46-
2014 - A Resolution Approving a Lease Agreement Between the Utah
Department of Transportation and the City of Moab For the Lease of
Lions Park UDOT Lions Park Lease Agreement. Councilmember Bailey
seconded the motion. The motion carried 5-0 aye.
Councilmember Bailey moved to approve Proposed Resolution #45-
2014 —A Resolution Approving the Solid Waste Collection Franchise
October 28, 2014
PUBLIC HEARING CLOSED
PROPOSED RESOLUTION #46-
2014, APPROVED
Agenda
Page 6 of 7
Page 10 of 116
Agreement. Councilmember Stucki seconded the motion. The motion
carried 5-0 aye.
No action was taken on Consideration of Proposed Ordinance 412014-11
— An Ordinance Establishing a Six Month Temporary Land Use
Regulation Pertaining to Short Term Rentals.
There was no Correspondence to be Read.
Under Mayor And Council Reports, Councilmember Ershadi stated that
she had spoken to Linda Whitham of the Nature Conservancy and she
had expressed an interest in using the Waste Water Treatment Plant
water discharge for the wetlands.
City Manager Metzler stated that staff would be in contact with Ms.
Whitham.
Under Administrative Report, City Manager Metzler stated that
interviews had been conducted for the City Engineer position and that
Police Lieutenant interviews would be conducted the same week.
No Report was given on City/County Cooperation.
Councilmember Ershadi moved to pay the bills against the City of Moab
in the amount of $260,598.32. Councilmember McElhaney seconded
the motion. The motion carried 5-0 aye by a roll -call -vote.
Mayor Sakrison adjourned the Regular Council Meeting at 8:45 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
October 28, 2014
PROPOSED RESOLUTION #45-
2014, APPROVED
PROPOSED ORDINANCE #2014-
11, NO ACTION TAKEN
READING OF
CORRESPONDENCE
MAYOR AND COUNCIL
REPORTS
ADMINISTRATIVE REPORT
REPORT ON CITY/COUNTY
COOPERATION
APPROVAL OF BILLS
ADJOURNMENT
Agenda
Page 7 of 7
Page 11 of 116
MOAB CITY COUNCIL MEETING
November 25, 2014
Agenda ltem
#: 6-1 & 6-2
Title: Approval of a Special Event License for the Moab Area Chamber of
Commerce for the 2014 Winter Light Parade and Tree Lighting and Request for
Waiver of Special Event License Fee
Fiscal Impact: This event utilizes city equipment and staff.
Staff Presenter(s): Donna Metzler, City Manager
Department: Administration
Applicant: Moab Area Chamber of Commerce
Background/Summary: This event is an annual community event, held in
Moab for many years. The tree lighting itself is actually performed by the City of
Moab, so no Park Use Permit for Swanny Park will be needed. This event has
been well -coordinated in the past and there have been no problems.
J
Options: The Council may approve, approve with conditions, deny or postpone
the item.
Staff Recommendation: City staff recommends approval of the license.
Recommended Motions: (1) "I move to approve the Special Event License
for the Moab Area Chamber of Commerce for the 2014 Winter Light Parade
and Tree Lighting.
Attachment(s):
Application materials
Agenda
Page 12 of 116
DATE PAID:
AMOUNT PAID:
RECEIPT NO.:
CITY OF MOAB
SPECIAL EVENT UCENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
SPECIAL EVENT FEE: $90•00
LICENSE #:
ZONE: 4,7-�
NAME OF EVENT: l//0
DESCRIPTION OF EVENT: 1j0 ! i PA rA (tQ Ci Tr et- �j ��. �'] hc�J
LOCATION OF EVENT: Ptv -r cL 5 6tx r uv .rn f t v) � lAf a Yl rl v, Pa v U_ --Pij r p a r a idi 1 t U r'
PREMISES TO BE USED: ry) ra I. r-1
TEMPORARY STRUCTURES TO BE USED (IF ANY): IDe[ etn k-,�Q v-- Z u' (---4
DATE(s) AND TIME(S) OF EVENT: i �� 0
ANTICIPATED # OF EVENT PARTICIPANTS:
EVENT SPONSOR S NAME: 'YID (D C{ 10 aha .j� . � crvir _ rvcrcQ PH�O-N-E: d C]
SPONSORS ADDRESS: r C Ce h r CITY: ' V l �� 2 STATE: U I ZIP:3
SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: + j/A
SPONSORS SOCIAL SECURITY NUMBER: DATE OF BIRTH:
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.
j 1n T�f
IIIIVE CfEAY 1 NiEBllitAGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB
I I'
CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF
LAW THE INFORMATION CONTAINED HEREIN IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED
LOCATION AND SPONSOR.
ponsor uata
State of Utah
SS
County of Grand )
SUBCRIBED AND SWORN to before me this / b day of , 0 10I
JENNIE ROSS
Notary Public
State of Utah
Comm. No. 661521
My Comm. Expires Dec 11, 2016
SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS!
Page 13 of 116
Q
CITY of
SPECIAL EVENT LICENSE
COMPLIANCE
FORM
217 E CENTER STREET
MOAB, UT 84532
PHONE: (435) 259-5129
FAX: (435) 259-4135
FOR ZONING OFFICE USE ONLY
PARKING: PA S-1. 114 61
MOAB CITY CODE: 11.01. 2x)
SIGN PERMIT: Mu F73I
MOVED -ON NECESSARY: ❑ YES piiNo
REQUIRES PLANNING]
COMMISSION APPROVAL ❑ YES NO
REVIEWED BY
ZONING
ADMINISTRATOR:
DATE: I14 ' le-
NAME OF APPLICANT:
APPLICANT'S MAILING ADDRESS:
'/�� 1 V cti9 Clam J � f 1 Ify �� L . � py �y ( -) PHONE: 0._ r� 7y i 4
d I cfni t v- V CITY: + 0A. /-) STATE: UT ZIP: 14 3 L
\_._______jr
-._.. __--- .
NAME OF EVENT: '\A, b A10 C•l l afir19 IDV f r mm s f f 1 0
LOCATION OF EVENT: � { 1 is • C irl -Pre, -43?-- a s o m b-1..( Vj � 1
ZONE: P-2 - SpectAv DietAT
r
i 6.( (j ---rr1---114-1---) no
DETAILED DESCRIPTION OF SPECIAL EVENT: An in tAfir i—ob
_
ci' , l Fa ifz( r
Page 14 of 116
d
06116/0S
Q
MMR B
EST.1958
CHAMBER of COMMERCE
November 10, 2014
Dear Moab City Council,
The Moab Chamber of Commerce is planning the Electric Light Parade and the City Tree Lighting
Ceremony, to be held December 5th and 6th. We ask that the event fee be waived, as this is a community
event. The event is provided by volunteers and donations from local businesses.
The Chamber would like to thank Moab City for their support every year in helping us bring this event to
the community.
Thank you for consideration of this matter.
Sincerely,
C AU— 4k9 L
g ,
Jo✓54f�
e Hu entobler Exekutivector
Moab Chamber of Commerce
Moab Chamber of Commerce, 217 E. Ceder S$ 0255,R Moab, Utah 84532 phone: 435-259-7814
www.mach&nber.com
MOAB CITY COUNCIL MEETING
--November 25, 2014
Agenda item
#: 6-3
Title: Approval of a Change of Location for a Private Property Vendor License for Quesadilla
Mobilla at 89 North Main Street
Fiscal Impact: This action will have a minimal impact on the City's fiscal situation.
Department: Administration
Applicant: Steven Lucarelli and Carrie Finn
Summary: Quesadilla Moabilla was previously approved for a Private Property Vendor License at a
previous location. The applicants would like to relocate to 89 North Main Street and have submitted
an amended application. They are very familiar with the terms and conditions of the Vendor
regulations and have met all of the application requirements during their past year of operation.
Staff have reviewed the amended application for the new location and have found no issues with
operation at the proposed location.
Options: The City Council may approve, deny or postpone this item.
Staff Recommendation: Staff recommends approval of the Change of Location for a Private
Property Vendor License for Quesadilla Mobilla at 89 North Main Street Food Vendor License
for Quesadilla Mobilla according to the site plan and other application materials they have
submitted.
Recommended Motion: "I move to approve the Change of Location for a Private Property
Vendor License for Quesadilla Mobilla at 89 North Main Street Food Vendor License."
Attachment(s): Application Materials
1
Agenda
Page 16 of 116
DATE PAID:
AMOUNT PAID:
RECEIPT NO.:
CITY OF MOAB
VENDOR
(REQUIRES CITY COUNCIL APPROVAL - YEARLY)
BUSINESS LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
FEE: $
(AS DETERMINED BY
RESOLUTION)
LICENSE #:
ZONE:
BUSINESS NAME:
m b i d&
BUSINESS MAILING ADDRESS: PO Box 4(I,3 CITY: MOc>L
e-mail address: ckues4..je i L,A,04 &Ly r~ue I , Gorr/
Location(s) where business will be conducted:
Attach agreement of authorization from property owner(s)
including employee use of Restroom Facilities
BUSINESS PHONE: 113s- 2 0- 0Z 8y
STATE: Ur ZIP: 1 45,3Z_
Length of time and/or specific dates business will be conducted: 14o.r.ek I tt 2 b 1 S — Seth04er 304-4 Z015
Proposed hours of operation: 11 a,-m, to . 8/:.4,2 Tho-kj y 4-/•».J17 Ma.11- y
Type (see definitions): ❑ Cart fig Vehicle ❑ Display Apparatus
Vendor Type (see definitions): ❑ Street Vendor ❑ Sidewalk Vendor ® Private Property Vendor ❑ Local Vendor ❑ Food Vendor
Goods, wares, services or merchandise to be sold or offered for sale: dues; llas 0.4 e4-1fikt
BUSINESS OWNERS NAME: 6-4ev,n Lut�.relG �d
L hrre.e
Fin
PHONE: 303 al -oy7
OWNER'S ADDRESS: 309 E IUO.' it 6 CITY: /tiot+6 STATE: ur 84/532
OWNERS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY:
OWNERS SOCIAL SECURITY NUMBER: DATE OF BIRTH:
OPERATORS NAME (IF DIFFERENT FROM OWNER): PHONE:
OPERATORS ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: ZIP:
SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION):
NAME REGISTERED WITH THE STATE FOR TAX ID: Ow co-.) 3 /q /Ka la&
PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS
LICENSE CHECKLIST
ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE
VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO
PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW,
ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY
COUNCIL FOR APPROVAL.
PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS.
SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS!
Page 17 of 116
VENDOR APPLICATION CHECKLIST
❑ DESCRIPTION OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING:
❑ DIMENSIONS OF THE STRUCTURE
Cg PHOTOGRAPHS OF STRUCTURE
❑ SITE PLAN TO A SCALE OF NOT LESS THAN 1/8"EQUALS 0111E FOOT SHOWNG:
❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS
❑ ALL STRUCTURES AND DIMENSIONS
❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES
❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE
PROPERTY
❑ LANDSCAPED AREAS WITH DIMENSIONS
❑ ALL EASEMENTS IMPACTING THE PROPERTY
❑ SIGN PLAN
❑ CERTIFICATION OF INSURANCE OF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY)
❑ BACKGROUND CHECK OF PROPOSING OPERATION /N A RESIDENTIAL ZONE)
❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM
❑ HEALTH INSPECTION REPORT (IF APPLICABLE)
❑ IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECT/ON
REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN
TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY
WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS.
❑ ZONING COMPLIANCE EVIDENCE
❑ COMPLETE ATTACHED COMPLIANCE FORM
❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER
❑ ATTACHED WRITTEN RESTROOM AGREEMENT
❑ REFUSE/RECYCLING PLAN (IF APPLICABLE)
❑ FIRE OR BUILDING INSPECTION (IF APPLICABLE)
❑ COMPLETE ATTACHED INSPECTION SHEET
❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE)
❑ ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT
INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT.
ATTACH ADDITIONAL INFORMATION INDICATED BELOW:
11/27/2013 T: IBUSINESSLICENSESIBUSLIC FORMSIBns Lic - Vendor revison.docx
Page 18 of 116
CITY OF MOAB
BUSINESS LICENSE INSPECTIONS
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
FOR OFFICE USE ONLY
REASON FOR INSPECTIONS:
❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S):
❑ OTHER, PLEASE EXPLAIN:
BUSINESS NAME:
BUSINESS ADDRESS:
a es4J Pa M06111(
8qN S+, Moab, uT s
OWNERS NAME: �FPLf t n �(/L -G fie
TYPE OF BUSINESS (EXPLAIN IN DETAIL):
rat,,) 7-rut.%
BUSINESS PHONE: LW' 20 --0281
OWNERS PHONE 3o3- 66q -17y7
THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS.
BUILDING INSPECTOR
(435) 259-1344/1345
125 EAST CENTER
INSPECTION REQUIRED:
❑ YES ONO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION
APPROVED !Tr -DISAPPROVED ❑
REASON:
SIGNATURE
FIRE INSPECTOR
(435) 259-5557
45 SOUTH 100 EAST
INSPECTION REQUIRED:
❑ YES RNO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION
APPROVEDFDISAPPROVED ❑
REASON:
HEALTH INSPECTOR
(435)259-5602
575 KANE CREEK BLVD
INSPECTION REQUIRED:
YES ❑ NO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION To
APPROVED Ef DISAPPROVED ❑
REASON:
07/01105
Page 19 of 116
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
(435) 259-5121
FAx (435) 259-4135
Property Owner Authorization Letter
Date.
City of Moab
Treasurer's Office
217 E. Center St.
Moab, UT 84532
This letter is to certify that I, t-lot (kp✓"
(property owner name)
am the owner of the property located at g q /1/1 u c h 01 P81(0 - 00 2 0
(property address and parcel tax ID #)
Li r
I understand that cx crs e fine\ v e�1 i care- (I i
(name of business license applicant)
has applied for a business license for ��� o, d`� t °- f\a.b\o.‘ c`
(applicant business name)
from the City of Moab and that their business will be located from the above described address. I
hereby give my permission to allow this activity from my property and authorize use of my
restroom facilities for employees of the above listed business.
Signature
Telephone #
S2 ".-a- "11ckGce
Printed Name
Email
�vucir'S < nt�.
Please list additional businesses authorized to use the above property and restroom facilities:
Page 20 of 116
COY 0/.,
oi...
MOAB
uny or ivioao
217 East Center Street
Moab, Utah 84532
Business License Zoning Compliance Application
To be filled out by the applicant: J
Name of Applicant: j fe,ue n Luc.o re lI `
Business Name: OuescJ,k,
Address: 8c N /146,.*./1 Sf.
Phone: U35- Zd 0 -OZ�'q
Property Owner: c'-1 n o. f 10.VN ;
Email:
4.4.1 ,, I-0 r'h
Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions):
O Street Vendor O Sidewalk Vendor S. Private Property Vendor 0 Local Vendor O Food Vendor
Type (see Moab Municipal Code Chapter 5.64.010 for definitions):
0 Cart SI Vehicle O Display Apparatus /�
Detailed description of business activities: 'the_ 5,,Je er cluesL1.44410 r
Total number of off-street parking spaces: i
Hours of operation: 11 c.M to
To be filled out by city:
Zoning: C
Allowed use per Moab Municipal Code section:
11.
Number of parking spaces required for permanent business.
No Pte-MaNalT Gust Ness
Number of parking spaces required for other businesses: giA
ytTnnu 4-6AzY\
Zoning Administrator
C
Q
11•ICHi.
Date
Page 21 of 116
100N
Street Parking
Main St.
Sidewalk
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31'
Quesadilla Mobilla
i
25'
Red Rock Lodge Sign
Tree
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Power Pole
Power Outlets
Moab Gallery
Storage Shed
Restroom Access
Parking
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52'
48'
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Page 22 of 116
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Page 1 of 1
Business Parking Exception Request
The owners of the Quesadilla Mobilla would like to request an exception to the Vendor
Business License parking rule of one space per temporary structure as stated in the City Code
chapter 5.64.050 lines 11-a. The reasons for this request are as follows.
• The majority of our customers are walk-up.
• There are numerous parking spaces located on the south side of 100N between 100W
and Main St. and a public parking lot is located behind our requested business location
less than half a block away.
• Our business only provides quick service so any customers arriving by vehicle will be
using short-term parking.
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Page 24 of 116
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11/4/2014
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,agenda Summary
CITY COUNCIL MEETING
1...ISLQvember 25, 2014 l
PL-14-173
Agenda ltevn
# 7-2:
Title: Decision on Resolution #39-2014 Approving a Requested Conditional Use Permit for a Bed and
Breakfast to be Located in the R-2 Zone at 100 Arches Drive as Favorably Referred to Council by
the Planning Commission
Staff Presenter(s): Jeff Reinhart
Department: Planning and Zoning
Applicant: Jeramey and Mary McElhaney
History
The Planning Commission held a public hearing on September 25. Many of the issues raised were
addressed by research City Staff conducted at the request of the Planning Commission and additional
information was provided by the applicant. A Planning Commission memo from September 25 (PL-14-
060) is attached your review as well.
Subsequent to the hearing, the Commission voted 3-0 to favorably refer the application to Council for
approval. Four conditions were established in Planning Resolution #11-2014 and include:
1. The bed and breakfast shall be reviewed each year for code compliance.
2. All lighting shall be downward directed and full cutoff as required in MMC section
17.09.660, H, Lighting Plan.
3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance
from the street.
4. The daycare center will discontinue operations once the bed and breakfast facility is
operational.
As shown below, Council may add other conditions for the approval of this bed and breakfast.
Review Criteria and Conditions for Approval:
17.09.530 contains the criteria that the Council and Planning Commission must use to evaluate the
application. These were read to the Planning Commission prior to making their decision to favorably
refer the application to Council and the Planning Commission determined that the reasonable
conditions were being met with reasonable effort by the applicant in accordance with state law.
1. The proposed conditional use and accessory uses are compatible with adjacent existing uses
and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of
appearance, architectural scale and features, site design and scope, landscaping, as well as
the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor,
lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or
hazardous conditions.
1
Agenda
Page 25 of 116
City Council
November 25, 2014
Conditional Use Permit
100 Arches Drive
Page 2 of 6
The Planning Commission found that the proposed B&B is compatible with the surrounding
uses as expressed in the terms of:
• Appearance and architectural scale and features. The home is similar in size and
will incorporate similar architectural features as the neighboring properties. Also,
the garage/guest areas will be similar in size to a garage/shop constructed on an
adjacent property.
• Site Design and scope. The proposed scale of the home and garages could
overwhelm a smaller parcel of land, but the subject lot, at 19,063 square feet, is
one of the largest in the neighborhood.
• Additional landscaping in the form of a tree line planted on the west edge of the
property will serve as a visual buffer to the properties below and a privacy fence
will screen the parking area for the guest units from the street and the adjacent
property to the east.
• Vehicles will not back into the traffic but will have sufficient room to maneuver so
that a front approach into traffic can be completed.
• The property owner will be living on the property and this is the greatest and best
deterrent to noise and other undesirable issues.
2. The proposed conditional use has incorporated design features sufficient to protect adjacent
uses including but not limited to: service areas, pedestrian and vehicular circulation, safety
provisions, access ways to and from the site, buffering, fencing, and site building placement.
• As required under state law the applicant has made every reasonable effort to
mitigate any reasonably anticipated impacts on adjacent properties. While storm
water drainage and traffic surfaced as the issues of most concern, development
of the property will help in curtailing some of the runoff. As the development is
currently platted, all of the drainage from the adjacent and nearby properties is
directed toward the McElhaney's lot. The landscaping and gravel areas will
absorb some of the generated runoff of both the street and the new home.
• The 5 units will generate traffic that is equal to one single family residence of ten
trips per day. During the public hearing it was erroneously stated that a previous
memo said that it would be nearly 10 trips per unit per day.
3. The proposed use is not detrimental to the public, health, safety and welfare through effective
management or prohibition of outdoor storage, a required sewer connection, and proper
disposal of waste.
• The applicants must provide sufficient water and sewer services for the residence
as well as the B&B. There will be no outdoor storage of products or equipment
necessary for the operation of the B&B as per various code sections.
4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer,
gas, electricity, police, fire, and EMS protection must be available without the reduction of
services to other existing uses.
• The affected lot is the final undeveloped lot on the street and all services are fully
available to adjacent and nearby properties. This use will not detract from the
listed services. Off street parking spaces exceed the two spaces for the residence
and the five for the bed and breakfast.
Agenda
Page 26 of 116
City Council
November 25, 2014
Conditional Use Permit
100 Arches Drive
Page 3 of 6
5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting,
signs, landscaping, etc. shall be provided.
• An acceptable level of property maintenance must be sustained for the safety and
comfort of the applicant and his family as well as for guests of the B&B.
6. The proposed conditional use shall conform to all regulations of this code concerning adopted
plans, hours of operation, polices and requirements for parking and loading, signs, highway
access, and all other applicable regulations.
• The applicant has demonstrated that the proposed B&B does conform to the
regulations of the code. Hours of operation were never adopted in the original
language of the B&B ordinance and substantial time and effort was expended on
the development of the B&B regulations.
• Parking and loading areas meet or exceed the requirements for the guest units as
well as the single family residence. Signage, if used, will be addressed under a
separate application and shall follow the minimal requirements of MMC Chapter
17.09.531 (9) B.6.
7. The use is consistent with the city of Moab General Plan as amended.
• The Plan discusses mixed uses and mitigating the impacts on adjacent residential
uses that may be created.
8. The applicant must demonstrate that site impacts within the property as well as adjoining
properties have been fully mitigated appropriate to the topography of the site. The review of
impacts include, at a minimum, slope retention, flood potential, and possible damage to
riparian or hillside areas.
• In an effort to protect his current home from impacts of storm water, the
applicant has already taken some steps to provide slope retention and re-
direction of water runoff. Additional efforts will be realized when the property is
landscaped and the gravel areas are installed. Hillsides will be stabilized further
with plantings of ground cover and trees.
In addition, the applicants must comply with the specific preconditions as established in MMC
17.09.531(9), Bed and Breakfast, as follows:
1. The bed and breakfast facility shall not unduly increase local traffic in the immediate
neighborhood. Road design and access shall be considered in the planning
commission's recommendation. Construction and alterations of bed and breakfast
facilities shall not alter the residential character of residential zones and of the
dwelling.
• The bed and breakfast will generate the equivalent traffic per day of one single
family residence
Agenda
Page 27 of 116
City Council
November 25, 2014
Conditional Use Permit
100 Arches Drive
Page 4 of 6
• This is all new construction and will be built regardless of the issuance of the
conditional use permit.
2. The parcel shall also be of sufficient size to be in scale with the number of people using
the facility. All bed and breakfast rentals must provide adequate parking (required one
off-street parking space per rental bedroom) in addition to needed parking for owners
of the facility, have a maximum thirty -day stay, and meals shall be served to guests
only.
• The parcel is one of the largest in the neighborhood and while seven rooms
could be offered for rent, the applicant will construct five rooms.
• Parking is exceeded as noted above and 8-9 spaces are being provided for the
rental units.
3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or
no dwelling unit in excess of twenty percent of the total parcel size area).
• The units are well under this ratio for the size of the lot.
4. No bed and breakfast facility shall rent for compensation more than seven rooms,
except that suites that do not use a public corridor or passageway between suite
bedroom areas shall be counted as one room.
• As noted above, five rooms will be used for the bed and breakfast.
5. No bed and breakfast facility shall allow more than two adults in any rental room
unless the bedroom square footage is larger than three hundred square feet and does
not use a public corridor or passageway between suite bedroom areas.
• The rooms are designed to house only two persons.
6. Signs are limited to one non flashing sign not larger in area then two hundred twenty-
six square inches. If lighted, the light shall be defused or shielded.
• A sign will be permitted under a sign permit and an application has not yet
been submitted. The sign must be designed to follow the listed requirements.
7. All bed and breakfast facilities shall pay water and sewer rates according to the rate
formulas contained in Sections 13.24.010 and 13.24.020.
• This is a requirement and cannot be avoided.
8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax
and city gross business license fee.
• This is a requirement that the applicants will have to follow. Not collecting the
taxes or applying for a business license will void the conditional use permit.
9. The bed and breakfast facility shall conform to fire, building and health codes and be
licensed in conformance with all city ordinances. Any other appropriate or more
stringent conditions deemed necessary for bed and breakfast facilities protecting
public health, safety, welfare and the residential character of residential zones may be
required.
• The structures will be inspected by the building department as construction
progresses and a Certificate of Occupancy will not be issued if there are
deficiencies in the structures.
Agenda
Page 28 of 116
City Council
November 25, 2014
Conditional Use Permit
100 Arches Drive
Page 5 of 6
The Planning Commission and the City Council, respectively, may establish additional
conditions of operation, location, arrangement and construction in the issuance of
a conditional use permit if deemed to be in the public interest or to assure compliance with
other aspects of the Moab Municipal Code.
Brief Summary of the Project:
Applicant: Mary and Jeramey McElhaney
Location: 100 Arches Drive
Proposed development:
• Property area: 24,830 sq ft
• 3,721 square foot residence
• Attached garage/rental structures of 1,152 square feet and 864 square feet
• All structures are two story
• Five (5) rooms for short term rentals constructed on second floor of garage structure
• Larger structure will be a four car garage on the ground level
• Smaller structure will be a two car garage/shop area on the ground floor
Parking: Exceeded
• Five off street spaces for the rental units
• Six enclosed off street spaces for the residence
• Four spaces for trailer parking
Landscaping/fencing
. Buffers adjacent uses including homes below the rim of the property
. Fence will obscure the parking area for the rentals from the street and adjacent property
Recommended Motion: I move to adopt Resolution #39-2014 approving the bed and breakfast for
the property located at 100 Arches Drive with the conditions that:
1. The bed and breakfast shall be reviewed each year for code compliance.
2. All lighting shall be downward directed and full cutoff as required in MMC section
17.09.660, H, Lighting Plan.
3. Fencing and/or landscaping shall be used to buffer the parking area and the
entrance from the street.
4. The daycare center will discontinue operations once the bed and breakfast facility
is operational.
Attachment(s): Resolution #39-2014
Planning Commission Memo PL-14-060
Site Plan
p:\planning department \2014\correspondence\p1-14-073 ccarches dr hal decision.docx
Agenda
Page 29 of 116
CITY OF MOAB
RESOLUTION #39-2014
A RESOLUTION CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT FOR A BED AND
BREAKFAST LOCATED ON THE MCELHANEY PROPERTY AT 100 ARCHES DRIVE IN THE R-2
ZONE
WHEREAS, Jeramey and Mary McElhaney at 95 Arches Drive, as the Owners of record ("Owners") of a
24,830 square foot (.57 acre) parcel of property also located in the R-2 Zone at 100 Arches drive, have applied for a
conditional use permit to establish a bed and breakfast at the described property; and,
WHEREAS, the Owners have provided the City of Moab with the necessary documents, plans and,
drawings to complete the application for said use as required under Land Use Code Chapters 17.09.530 and
17.09.531; and,
WHEREAS, the proposed five -room bed and breakfast is allowed in the R-2 Zone only if the Owner lives
on the property and is granted a conditional use permit as provided in Chapter 17.09.530; and,
WHEREAS, the Planning Commission reviewed the application in a duly advertised public hearing held
on September 11, 2014, and subsequently adopted Resolution No. 11-2014, at said hearing, favorably
recommending the application to City Council (Council); and,
WHEREAS, Council reviewed the application in a duly advertised public hearing on October 28, 2014 to
hear testimony and review the code requirements for the use of a bed and breakfast; and,
WHEREAS, Council determined that the proposed bed and breakfast appears to be in compliance with the
requirements of the applicable chapters of the Title 17.00, Moab Land Use Code for a conditional use permit and
specifically or a Bed and Breakfast; and
WHEREAS, having considered public comment, Staff recommendations, and discussion of the pertinent
aspects of the development, the Moab City Council does hereby find, determine, and declare, that all applicable
provisions of the Moab Municipal Code have or can be met.
NOW, THEREFORE, be it resolved by the City Council that the conditional use of a bed and breakfast on
the above described property is approved with the following conditions:
1. The bed and breakfast shall be reviewed each year for code compliance.
2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H,
Lighting Plan.
3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the
street.
4. The daycare center will discontinue operations once the bed and breakfast facility is operational.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on
the day of , 2014.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel Stenta, Recorder
p:\planning department\2014\resolutions \ council \#39-2014 arches hEh.docx
Page 30 of 116
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PLANNING AND ZONING COMMISSION MEETING
September ii, 201� I
Agenda item
#3&4:
/
PL-14-a6a
Title: Continuation of Public Hearing and Review and Approval of Planning Resolution #11-2014 for
Approval of a Conditional Use Permit for a Bed and Breakfast to be Located in the R-2 Zone at 100
Arches Drive
Staff Presenter(s): Jeff Reinhart, Sommar Johnson
Department: Planning and Zoning
Applicant: Jeramey and Mary McElhaney
Background/Summary:
The public hearing for this B&B application was reopened and continued to the meeting on September
25, 2014. The action item approving the resolution was tabled and will need to be taken from the table
prior to any action being made.
Several issues were raised by the attending citizens and Staff was directed to investigate the concerns
and report back to the Commission with the results.
1. A misunderstanding about the status of a day care center and an additional business in a
residence was resolved by Sarah Atherton of Utah Department of Health, Bureau of Child
Development. There is no regulation that will prevent a day care business from locating in a
residence that has an additional business within. If the day care business for 8-16 children was
proposed in the new home, it could be approved through the conditional use permit process.
The applicant has expressed that they no longer wish to have the day care business and are
voluntarily terminating the use.
2. The drainage issue is complicated and the city has made an effort to organize the homeowners
and an adjacent owner of undeveloped property to jointly address the issue. Apparently, some
discussion has taken place between the parties, but this detail was not raised during the public
hearing. Also, the city has in the past required storm water to be retained by individual property
owners. This was manifested in a retaining wall that runs across the fronts of one of the lots on
the northeast side of Arches Drive as shown in the attached pictures. The retaining wall serves
two purposes: Slope stabilization and water detention. However, an enterprising resident has
seen fit to breach the detention wall and illegally drain his storm water directly into the City
right-of-way.
In addition, the city has maintained a storm water easement and drainage ditch behind the
properties in an effort to control the direction of storm water flows. The attached pictures
indicate the bale dam that was installed within the drainage easement.
1
Agenda
Page 32 of 116
3. Traffic was also raised as an issue and it was pointed out that the overall traffic count will drop
with the termination of the day care business. The ITE trip manual indicates that a B&B can
generate up to 8.9 Average daily Trips (ADT)/unit and a single family residence 10-12 ADT.
However, independent local studies show that trips for a B&B are lower than the ITE
information and that a single family residence can be much higher. Individual local single use
studies are rarely completed and usually are conducted on a more regional context. The average
trips are low because of the way that B&Bs function. Unlike an inn, B&Bs serve breakfasts where
an inn will have lunch and dinner. So, once the lodger leaves for the day, they will rarely return
until evening. Some will eat before returning to retire for the evening and others may return to
the B&B to change before dinner adding a second trip to the traffic count.
4. Parking was raised as an issue and was addressed by the applicant. The code requirement is for
the B&B to provide 1 space for each rented room. In addition, two off-street spaces must be
provided for the owner of the residence. The parking plan shows the five required spaces as well
as areas for 4 or more trailer spaces. In addition, the ground floors of the rental structures will
provide up to six spaces for the residential use.
5. A concern about noise. The property owners must live on site. A B&B is not a nightly rental run
by a manager who has no connection to the ownership of the property.
6. The Small Business Development center studies shows that where an inn employs an average of
4.6 people, the majority of B&Bs are family run and do not have employees. No additional help
is required. The average number of rooms in a B&B is 8.5, up from 8 in 2000 so for the most part
the businesses are small scale and remain so. Rural B&Bs get most of their business on the
weekends and in the vacation season of April through September. Oftentimes they serve as a
weekend getaway. In comparison, urban locations may be fully operational year round. (
7. A description of the typical B&B guest may dispel other issues. A Michigan State study shows
that B&B travelers are middle-aged, well-educated, (moderately) high income, married
professionals. Latest studies also show that 82% of the travelers are married with just less than
50% having kids at home. The average age for a traveling party is 40 years old with 60% percent
below the age. "This indicates that many B&B guests are at a mid -point in the traditional family
cycle, when raising children is a primary activity. Newlyweds and "empty nesters" account for a
smaller proportion and, only 9 percent of the market is attributed to adults over 59 years of age.
8. A comment made by one of the attendees of the public hearing, suggested support for the B&B
if everyone in the neighborhood could do the same nightly rental. The code does allow each
resident to apply for a conditional use permit to have the B&B use on their individual properties
if they can meet the specific requirements as spelled out in MMC Sections 17.09.
9. In the written comments passed on to the Planning Commission, a reference to the prohibition
of boarding houses in residential zones was made (MMC 17.71.030). Boarding houses were
removed from residential areas because they were largely comprised of apartments (Cedar
Breaks, Purple Sage, Fandango, etc., that were converted into nightly rentals. They did not have
a managerial presence and usually a property management company collected the rents and
Agenda
Page 33 of 116
maintained the grounds. The bed and breakfast, on the other hand, requires that the property
owners live on the premises.
10. Also, there were numerous complaints about the day care voiced during the public hearing
portion of the meeting. However, staff has never received a complaint since the day care has
been in operation.
Process:
A review of the requirements for this conditional use permit may be useful to the Commission. Code
Section 17.09.530 contains the process for a conditional use permit and there are general criteria that
must be used by the Commission to determine if the applicant has met or can meet the intent of the
code. It is specifically understood that certain listed criteria may not apply to a particular application
and the applicant is required to adequately demonstrate that the applicable criteria have been met:
1. The proposed conditional use and accessory uses are compatible with adjacent existing uses
and other allowed uses in the zoning district. Such compatibility shall be expressed in terms
of appearance, architectural scale and features, site design and scope, landscaping, as well
as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor,
lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or
hazardous conditions.
2. The proposed conditional use has incorporated design features sufficient to protect
adjacent uses including but not limited to: service areas, pedestrian and vehicular
circulation, safety provisions, access ways to and from the site, buffering, fencing, and site
building placement.
3. The proposed use is not detrimental to the public, health, safety and welfare through
effective management or prohibition of outdoor storage, a required sewer connection, and
proper disposal of waste.
4. Adequate public services such as streets, off-street parking, pedestrian facilities, water,
sewer, gas, electricity, police, fire, and EMS protection must be available without the
reduction of services to other existing uses.
5. Provisions for proper maintenance of the building, parking and loading areas, drives,
lighting, signs, landscaping, etc. shall be provided.
6. The proposed conditional use shall conform to all regulations of this code concerning
adopted plans, hours of operation, polices and requirements for parking and loading, signs,
highway access, and all other applicable regulations.
7. The use is consistent with the city of Moab General Plan as amended.
8. The applicant must demonstrate that site impacts within the property as well as adjoining
properties have been fully mitigated appropriate to the topography of the site. The review
of impacts include, at a minimum, slope retention, flood potential, and possible damage to
riparian or hillside areas.
Agenda
Page 34 of 116
After considering the public comment relating to the criteria listed above in relation to the
requested conditional use permit, the Planning Commission shall adopt a resolution stating their
findings of the applicant's demonstrated ability to meet the criteria.
MMC Section 17.09.530 also contains the specific standards that individual B&Bs must meet.
1. Bed and breakfast facilities, rooming and/or boarding houses may be allowed as a conditional
use permit where applicant can show evidence of compliance with outlined standards and
procedures and where there is clearly minimal negative impact on adjacent residential
properties and neighborhoods. An inspection by the building inspector, fire chief and health
department shall be required prior to the issuance of a permit and as often as necessary for
enforcement of this chapter. No person shall operate a bed and breakfast unless the person
holds a valid permit and business license. For purposes of obtaining a conditional use permit,
rooming and/or boarding houses shall abide by the same regulations as
a bed and breakfast facility.
2. A letter of application sworn before a notary public shall be provided by the owner(s) stating
that such owner will occupy the facility, as provided for herein. The letter shall be recorded by
the city recorder with a certified copy to accompany the application. The letter shall also be
submitted to the planning commission for its consideration.
3. The conditional use permit for a bed and breakfast facility shall be granted annually from the
date of the original permit. At the end of the one-year period, renewal shall be granted by the
planning commission if all other conditions required at the time of approval remain unchanged.
4. A change in ownership as defined herein will require a new conditional use permit.
5. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot
showing the bed and breakfast facility, parking and landscaping. Applicant must show that the
facility meets minimum performance standards for off-street parking and landscaping as
specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning
administrator, fire chief and health department.
6. Applicant must complete the bed and breakfast home occupation form in order to complete the
conditional use permit application process.
B. Requirements.
1. The bed and breakfast facility shall not unduly increase local traffic in the immediate
neighborhood. Road design and access shall be considered in the planning commission's
recommendation. Construction and alterations of bed and breakfast facilities shall not alter the
residential character of residential zones and of the dwelling.
2. The parcel shall also be of sufficient size to be in scale with the number of people using the
facility. All bed and breakfast rentals must provide adequate parking (required one off-street
parking space per rental bedroom) in addition to needed parking for owners of the facility, have
a maximum thirty -day stay, and meals shall be served to guests only (bed and breakfast: Zoning
R2, R3, R4).
Agenda
Page 35 of 116
3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no
dwelling unit in excess of twenty percent of the total parcel size area).
4. No bed and breakfast facility shall rent for compensation more than seven rooms, except that
suites that do not use a public corridor or passageway between suite bedroom areas shall be
counted as one room.
5. No bed and breakfast facility shall allow more than two adults in any rental room unless the
bedroom square footage is larger than three hundred square feet and does not use a public
corridor or passageway between suite bedroom areas.
6. Signs are limited to one nonflashing sign not larger in area then two hundred twenty-six square
inches. If lighted, the light shall be defused or shielded.
7. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas
contained in Sections 13.24.010 and 13.24.020
8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city
gross business license fee.
9. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in
conformance with all city ordinances. Any other appropriate or more stringent conditions
deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and
the residential character of residential zones may be required by the planning commission.
C. Appeals. Approval or disapproval of a bed and breakfast application by the planning commission
can be appealed to the appeal authority within ten days of planning commission action.
Options: The Planning Commission can:
1. Adopt Resolution #11-2014 as written and recommend that Council approve the conditional use
permit for the plans of the bed and breakfast as submitted;
2. Adopt Resolution #11-2014 and recommend that Council approve the conditional use permit
for the plans of the bed and breakfast with conditions;
3. Vote to not adopt Resolution #11-2014 and state their reasons;
4. Table the vote on the resolution until a later date and request additional information
Staff Recommendation: Staff recommends that the Conditional Use Permit for the Bed and Breakfast
located at 100 Arches Drive be favorably recommended to Council with conditions.
Recommended Motion: I move to adopt Planning Resolution #11-2014 recommending to Council the
approval of the bed and breakfast for the property located at 100 Arches Drive with the conditions that:
1. The bed and breakfast shall be reviewed each year for code compliance.
2. All lighting shall be downward directed and full cutoff as required in MMC section
17.09.660, H, Lighting Plan.
Agenda
Page 36 of 116
3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from
the street.
Attachment(s):
Addendum
Resolution #11-2oi4
Narrative
Site Plan
Nightly rentals as used in the context of 17.09.700 Residential short-term rentals prohibited.
1. Except for bed and breakfast facilities and guest apartments that comply with
Chapters 17.70 and 17.71 of the Moab Municipal Code, the short-term rental of dwellings is
prohibited in the following zones: A-2, C-1, C-5, FC-1, 1-1, 0-1, R&D-1, R-1, R-2, R-3, R-4, RA-1,
and all other zones where short-term rentals are not listed as a permitted use.
2. A. For the purposes of this section, "short-term rental" shall be defined as:
1. The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any
portion thereof constructed for single-family or multifamily occupancy or of any other
residential property for an effective term of thirty consecutive calendar days or less;
2. The commercial use, by any person, of residential property for hostel, hotel, inn, lodging,
motel, resort or other transient lodging uses where the term of occupancy, possession or
tenancy of the property by the person entitled to such occupancy, possession or tenancy for a
term of thirty consecutive days or less.
B. For the purposes of this section, "remuneration" means compensation, money, rent, or
other bargained for consideration given in return for occupancy, possession or use of real
property. (Ord. 07-09, 2007)
p:\planning department\2014\correspondence\p1-14-060 pc arches b&b decision.docx
Agenda
Page 37 of 116
11/19/2014 ATV/Side by Sides B&B in Hillside Neighborhood - Google Groups
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4-1 POST REPLY
Actions
City Council >
ATV/Side by Sides B&B in Hillside Neighborhood
1 post by 1 author S+H
• andrew oakey
.g:2
Oct 27
Dear City Council Members:
I am emailing you to express my concern about the proposed approval of a
Conditional Use Permit application to construct a Bed and Breakfast on Arches
Drive. Please overturn the application for this conditional use permit.
I own a home on Hillside Drive and I do not want ATV's and Side by Sides racing
around the neighborhood; especially since is will put children at risk. The is a
residential neighborhood; that means peoples homes; family; friends. Not
business. The approval of this application would have a substantial negative
impact on the neighborhood, altering the residential character of this residential
zone.
I specifically purchased a home in a neighborhood that was quiet; not expecting it
would ever have a business located within it. Please do not jeopardize the
residential character of this neighborhood. There are many other opportunities in
this communtiy for a commercial business to become established.
Thank you for the for your consideration of my concerns, and of the work you do
each day for the City of Moab.
Cordially,
Andrew R. Oakey
Click here to Reply
Page 38 of 116
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11/19/2014 B&B in Hillside neighborhood - Google Groups
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City Council >
B&B in Hillside neighborhood
1 post by 1 author S+1
Actions
+Rachel
.0
* Tonya T Oct 27
Dear City Council Members:
I am writing to you to express my concern about the proposed approval of a Conditional
Use Permit application to construct a Bed and Breakfast on Arches Drive. Please
overturn the application for this conditional use permit.
I own a home on Hillside Drive and believe a Bed and Breakfast, especially of the scale
proposed on Arches Drive, on a dead end street, deep in a neighborhood, far from the
main city's thoroughfares, will have a substantial negative impact on the neighborhood,
altering the residential character of this residential zone.
I specifically purchased a home in a neighborhood that was quiet; not expecting it would
ever have a busy business located within it. Please do not jeopardize the residential
character of this neighborhood for the financial benefit of one person.
Thank you for the opportunity to comment on this proposal, for your consideration of my
concerns, and of the work you each do for the fabulous City of Moab.
Sincerely,
Tonya Troxler
tonyaet@yahoo.com
Click here to Reply
Page 39 of 116
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11/19/2014 Bed and Breakfast Proposal - Google Groups
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POST REPLY
City Council >
Bed and Breakfast Proposal
1 post by 1 author 8+1
if Fox Den Lodge
Greetings,
Actions
.ri
Oct 28
As the owner of Yellowstone Vacation Rentals LLC, I am interested in the outcome
of the current variance request before the Town Council.
In discussions with my attorney, it appears that if the request for a Bed and
Breakfast is approved, it would set the precedence for additional B&Bs in the same
general neighborhood.
Currently 1 am looking at three homes in the same neighborhood. One is located at
the corner of Walker and Hillside Drive. This one is on the same access route as
the location requesting the approval for a B&B. This would lead one to believe the
any access issues, traffic flow etc. would meet the same criteria used for your
decision. The other two homes are located on upper Hillside Drive in the same
general neighborhood. All properties have ample parking space and/or the potential
to add parking space on the property. They also have easy access to Sands Flats
Recreational Area, making them attractive to all types of recreational users.
Your decision on the current B&B request will direct my decision on making an
offer on the homes with a contract stipulation based on Town Council approval for
a B&B. 1 have no intention to move forward if the Town Council does not feel that
B&B business opportunities meet the town's vision for this neighborhood.
As owner of the Fox Den Lodge I encourage you can visit my website at:
http://www.yellowstonevacationrentals-11c.com/home.html
Sincerely,
Michael Keator
Michael Keator
Sent from Michael's iPad
Click here to Reply
Page 40 of 116
Agenda ogle.com/a/moabcity.org/forum/?h1=en#!topic/city-council/NGtWkhIRZGk 1/1
11/19/2014 City of Moab Mail - Fwd: Proposed B&B on Arches Dr
Grp i
Fwd: Proposed B&B on Arches Dr
1 message
Rachel Stenta <rstenta@moabcity.org>
Carmella Galley <carmella@moabcity.org> Mon, Oct 27, 2014 at 8:03 AM
To: City Council <city-council@moabcity.org>, Sommar Johnson <sommar@moabcity.org>, Jeff Reinhart
<jeff@moabcity.org>
Passing it on.
Carmella
Forwarded message
From: Mayor Dave <mayordave@moabcity.org>
Date: Mon, Oct 27, 2014 at 4:33 AM
Subject: Fwd: Proposed B&B on Arches Dr
To: Carmella <carmella@moabcity.org>
Sent from my iPhone
Begin forwarded message:
Agenda
From: Anne Clare Erickson <anneclare.erickson@gmail.com>
Date: October 26, 2014 at 8:07:18 PM MDT
To: mayordave@moabcity.org
Subject: Proposed B&B on Arches Dr
Dear Mayor Dave,
Comments on Application for a conditional use permit for a bed and breakfast at 100 Arches Drive
Dear Mayor Dave,
Thank you for this opportunity to express our concern about the proposed B & B in the Hillside
area of the Walker Subdivision. We strongly urge that you overturn the approval made by the
planning commission. Allowing a B & B to be built in this area violates both the conditional use
permit and the R-2 zoning of the area.
A B & B can only be allowed "where there is clearly minimal negative impact on adjacent
residential properties and neighborhoods". The additional traffic that will be a result of this B & B
will be significant, especially as the applicant has in his plan space to park 4 trailers which makes
it appear that he is expecting to have guests towing extra ATVs or jeeps in addition to the vehicles
they pull them with. This will no doubt result in ATVs heading to the to the Sand Flats Road,
creating additional and very noisy traffic through the neighborhood. And this increase in traffic is
not appropriate as the code also states a B&B "shall not unduly increase local traffic in the
immediate neighborhood."
Please do not approve this application as it violates much of the code that is supposed to protect
residential areas in our community. The increased noise from all the ATV use that has become
part of Moab life is distressing to say the least, as one of the most cherished things about this
Page 41 of 116
I e.com/m ai I/u/0/?ui=2&i k=Obf0a4325f&view=pt&q=bed%20and%20breakfast&qs=true&search=query&th=14951 eb02cac1 b98&si m 1=14951 eb0... 1/2
11/19/2014 City of Moab Mail - Fwd: Proposed B&B on Arches Dr
town used to be the relative quiet. Please don't allow it to become a daily occurrence in our
neighborhoods as well.
Sincerely,
Anne Clare Erickson and Paul Frank
Residents of 329 Hillside Dr
Carmella Galley
Administrative Secretary
City of Moab
435-259-5121
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2BUU9V5OXwb4xHeoPGkOxfCGAK%3D9FHNaSxDSoM9Aap-feoNOaA%40mail.gmail.com.
Agenda
Page 42 of 116
I e.com/m ai I/u/0/?ui=2&i k=Obf0a4325f&view=pt&q=bed%20and%20breakfast&gs=true&search=query&th=14951 eb02cac1 b98&si m 1=14951 eb0... 2/2
11/19/2014 Fwd: City council letter - Google Groups
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POST REPLY
City Council >
Fwd: City council letter
1 post by 1 author " 8+1
Actions
+Rachel
.0
* Sommar Johnson Oct 27
Other recipients: jeff@moabcity.org
Sommar Johnson
Zoning Administrator/Planning Assistant
City of Moab
217E. Center St.
Moab, UT 84532
435-259-5129
Forwarded message
From: Jeramey & Mary McElhaney <jermandmary@frontiernet.net>
Date: Mon, Oct 27, 2014 at 7:18 AM
Subject: City council letter
To: "sommar@moabcity.org" <sommar@moabcity.org>
Sommar,
Will you please forward this on to the Mayor and City Council?
Thank you,
Jeramey and Mary McElhaney
Attachments (1)
City Council B&B
letter.docx
15 KB View Download
Page 43 of 116
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11/19/2014 Fwd: Proposed B&B on Arches Dr - Google Groups
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POST REPLY
City Council >
Fwd: Proposed B&B on Arches Dr
1 post by 1 author " 8+1
3 Carmella Galley
Actions
.g:2
Other recipients: sommar@moabcity.org, jeff@moabcity.org
Passing it on.
Carmella
Forwarded message
From: Mayor Dave <mayordave@moabcity.org>
Date: Mon, Oct 27, 2014 at 4:33 AM
Subject: Fwd: Proposed B&B on Arches Dr
To: Carmella <carmella@moabcity.org>
Sent from my iPhone
Begin forwarded message:
Oct 27
From: Anne Clare Erickson <anneclare.erickson@gmail.com>
Date: October 26, 2014 at 8:07:18 PM MDT
To: mayordave@moabcity.org
Subject: Proposed B&B on Arches Dr
Dear Mayor Dave,
Comments on Application for a conditional use permit for a bed and
breakfast at 100 Arches Drive
Dear Mayor Dave,
Thank you for this opportunity to express our concern about the
proposed B & B in the Hillside area of the Walker Subdivision.
We strongly urge that you overturn the approval made by the
planning commission. Allowing a B & B to be built in this area
violates both the conditional use permit and the R-2 zoning of the
area.
A B & B can only be allowed "where there is clearly minimal negative
impact on adjacent residential properties and neighborhoods". The
additional traffic that will be a result of this B & B will be significant,
acnarially ac tha annlirant hac in hic plan cnara to nark d trailarc
Page 44 of 116
Agenda ogle.com/a/moabcity.org/forum/?h1=en#!topic/city-council/tOrUdxuf1Mk 1/1
Oct 21, 2014
Dear City Councilpersons
We are writing to object to the B&B" being proposed for Arches Dr. In order to keep this brief
we concur with Jon Kovash and his assessment of the issues, Jon has sent a detailed letter to
you all. This proposal is commercial motel/apartment complex in a residential neighborhood.
This proposal is not a traditional B&B, in fact, it is far from a traditional B&B in size and concept
like Sun Flower Hill only more so. A traditional B&B was usually one bedroom set aside in house
rented by the owner/occupant who then provided a continental style meal in the morning. The
rooms will have any access rooms to a .motel room which also makes it very different than a
traditional B&B. The guests will naturally feel free to come and go at all hours of the day and
night and it's very probable noise levels will increase. During event weeks parking will also be
an issue if the clients bring Jeeps, trailered vehicles, ATVs etc.
This development will directly and negatively affect us and our neighborhood. We live on
Locust Lane. As most of you must know Locust Lane is a main feeder into the Walker/Arches
subdivision. We are experiencing more traffic on Locust lane from the increased volume at
Milts Stop and Eat and Dave's Market and Wabi Sabi. Swasey's property (the old "Locus Lane
shop") is also zoned commercial. Milts volume is several times what it was just a few years ago.
This proposal is a preventable encroachment into our neighborhood.
Adding a new business and building this size to the eastside of the neighborhood will certainly
further increase the traffic on 400 East, Hillside, 200 South, Locust Lane, Tusher and Walker
Streets. Mill Creek Dr. is getting busier every year and some of that traffic ends up on our side
streets. There should already be a walk light at the crosswalk at Locust and 400 East especially
for the school children that attend the Charter School and those that catch the bus to HMK.
The old Red Rock School property is currently undeveloped but we know that will not always be
the case. The traffic impact from that future development will have additional negative
impacts to our residential neighborhood.
We agree with the residents on Arches Drive. It's quiet cul de sac that will be forever changed in
a very negative way if you approve the conditional use permit. Please don't over commercialize
our R2 neighborhood.
co
a
C
Q
Page 45 of 116
Please don't ignore local residential objections. Residential concerns should trump requests for
special treatment by developers. We are surprised that P&Z approved this project! The road
has a steep sharp switchback and it's a cul de sac -one way in and one way out.
in addition, we feel it would be proper for Doug McElhaney to recuse himself from the debate
and the vote due to his son requesting this questionable conditional use permit.
Thank You
John Hartley & Barbara Dicks
514 Locust LN Moab UT
co
a
C
Q
Page 46 of 116
11/19/2014 Public Comment - McElhaney B&B, Arches Drive - Google Groups
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+Rachel
City Council >
Public Comment - McElhaney B&B, Arches Drive
1 post by 1 author'7 8+1
* Christina Sloan
City Council:
.g:2
Nov 12
On behalf of the residents of Arches Drive, please attached find my
additional public comment regarding the McElhaney Conditional Use
Permit application for the proposed B&B on 100 Arches Drive. I will mail
a paper copy as well.
Thank you -
Christina R. Sloan, Esq.
The Sloan Law Firm, PLLC
76 South Main Street, Suite 1
Moab, UT 84532
435.259.9940, work
970.309.2995, cell
The information contained in this e-mail message is protected by the
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the person actually receiving this e-mail message or any other reader is
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contact The Sloan Law Firm, PLLC at 435.259.9940.
Attachments (1)
i
Page 47 of 116
Agenda ogle.com/a/moabcity.org/forum/?h1=en#Itopic/city-council/CIU Vz0Xg3s 1/1
THE SLOAN LAW FIRM, PLLC
Christina R. Sloan
sloan@thesloanlawfirm.com
www.thesloanlawfirm.com
* licensed in UT and CO
November 12, 2014
Moab City Council
217 E. Center Street
Moab, Utah 84532
76 S. Main Street, Ste. 1
Moab, UT 84532
435.259.9940
Re. Additional Public Comment - McElhaney B&B (100 Arches Drive)
On behalf of the residents of Arches Drive and based on my comments made at the October 28
Public Hearing, please accept this letter as additional public comment on the McElhaney Bed &
Breakfast Conditional Use Permit Application.
The residents of Arches Drive are unanimously opposed to the proposed McElhaney B&B at 100
Arches Drive. As you know, this project consists of a 5-unit overnight -rental commercial project
comprised of nearly 6,000 sq. ft. of new building, including 2 large garages housing 6-cars, in a
high quality residential area.
You can and should deny the conditional use permit under City Code § 17.09.530 for two
reasons: 1) the use and scope of this project is incompatible with surrounding residential uses
and will forever change the character of this Residential Neighborhood east of 400 E; and 2) the
applicants have not shown that this project will have "clearly minimize negative impact on
adjacent residential properties and neighborhoods."
Incompatibility with Surrounding Residential Uses
This City Council has approved conditional use permits for B&Bs in residential zones before.
However, this project is different. There are 6 unique characteristics about this particular project
that set it apart from other CUPS the Council has considered in the past.
Importantly, these 6 factors make it impossible for this particular project to be compatible with
surrounding residential uses:
1. Location East of 400 East: The neighborhoods east of 400 East are some of the highest in
residential quality left in the City. There are virtually no commercial uses in the immediate
vicinity of Arches Drive. A lot of families and kids play in this area; and, yet, at night, these are
some of the quietest streets in town. Moab's tourist economy is busier for longer seasons than
Page 48 of 116
McElhaney B&B
Page 2 of 5
ever before. These quiet residential areas, especially at night, are the locals' sanctuary. The
proposed project will forever change the character of Arches Drive and several nearby residential
neighborhoods located east of 400 East, especially those streets used to approach to Arches
Drive, including 200 S, Hillside, and Walker and Tusher Streets.
2. Hillside Location: Arches Drive is located at the top of 200 S and around the curve at the top
of the hill. As part of the proposal, the Applicants will build parking for 4 trailers to serve 5
units. That means that motorized enthusiasts will be attracted to this in -town B&B, which will
lead to more trailer and ATV traffic in the area. Commercial, trailer, and ATV traffic going up
and down a hill like this causes additional traffic issues and wear -and -tear on City streets. There
is already a speeding problem down 200 S, especially in the westerly direction, which is due to
the fact that it's a straight road leading downhill. This creates a safety issue for the many Moab
children that learn to ride their bikes here. The City cannot approve commercial uses in this area
without first installing sidewalks. Regardless, the proposed project will forever change the
character of our hillside neighborhoods, including Arches Drive, 200 South, and Hillside, which
streets will require significant improvements if commercial use is allowed in this area.
3. Dead-end Street: Arches Drive is a dead-end street, at the top of the hill. The appropriate
place for commercial development is in areas where you can diffuse traffic with multiple routes
in and out. This is important for both fire and emergency vehicle safety, but also for drainage and
general traffic patterns. The proposed project will forever change the character of Arches Drive,
historically a quiet and tranquil dead-end street.
4. Cul de Sac Placement: The proposed B&B would be built at 100 Arches Drive, which is the
last lot at the end of a dead-end street. Traffic of all types (pedestrian, vehicular, bike, and
ATV/motorcycle) must pass by every single home on Arches Drive, coming and going. The
nearby residents do not want increased motorized traffic on their streets. And, they do not want
an increase in non -motorized traffic either, which will bring strangers across or into their yards.
The proposed project will forever change the character of Arches Drive, where Moab's children
have always felt safe.
5. New Building: It is unprecedented for the City to approve commercial use in a new building
in a high quality residential area east of 400 East, especially given the critical attention nightly
rentals have received by the City and our community recently. Approving this project would set
a precedent that no one in town wants to see come into reality. The proposed project will forever
change the character of Arches Drive with new commercial construction.
6. Scope of Project: The project includes nearly 6,000 square feet of new building, including 2
large garages for 6 cars. The Applicants have planned 4 trailer parking spots and additional
overflow parking. This project is large in scope, and it is not compatible with the high quality
residential neighborhood — not Arches Drive, not Hillside and streets to its West immediately
below the project, and not the remainder of the high quality residential streets east of 400 east.
Page 49 of 116
McElhaney B&B
Page 3 of 5
The proposed project will forever change the character of Arches Drive by promoting a scale of
development best suited for Main Street or Moab's downtown core.
The City changed its Code to disallow overnight rentals as permissible by right many years ago
for a reason. Commercial uses of this type are not compatible with high quality residential uses.
This project, due to the 6 factors discussed above, will create issues with neighbors and safety
concerns for our families and children. The police will be called due to traffic and parking
problems on all the surrounding streets; the City will be dragged in to enforce the Code; the
situation is likely to get ugly again one year from now between the entire neighborhood and the
Applicants when the City reassesses the project for compliance.
Let's not create more strife in Moab — please deny this application now. The CUP process was
created to allow special exceptions to be made ONLY IF applicants made certain showings to the
Council. The burden is on the Applicant, and the Applicant has failed to show how the proposed
B&B is compatible with surrounding existing residential uses.
In addition, it has been widely reported that the City, and our community, is concerned about the
continuing emphasis of new growth on overnight rentals in our residential areas. This attention
shows a trend in public policy; the Moab community does not want nearly 6,000 sq. ft. of new
build for overnight rentals east of 400 East.
The 6 factors discussed above make this project incompatible with the neighborhood — and for
this reason, the City Council can and should deny the CUP application.
Maximum Negative Impact on Surrounding Residential Areas
Neither the Applicants nor Staff has shown how the proposed project minimizes negative impact
on surrounding residential areas. In fact, there are a number of outstanding issues that have not
been resolved, including the following issues not already addressed above:
1. Traffic: This proposed project will increase the total number of vehicle trips on Arches
Drive as well as the number of night-time and weekend trips when neighborhood residents are
home most. Both Staff and the Applicants have stated that "there will be a noticeable decrease in
neighborhood traffic because of the closing of the daycare." This is simply not proven.
Total Traffic Trips
The Applicants statements regarding the maximum number of kids they can watch under their
license and potential maximum traffic trips do not reflect the reality of traffic actually created by
the daycare. Arches Drive residents believe the daycare leads to up to 12 total traffic trips per
day, not 64 trips as Applicants assert in a letter to the City Council.
Page 50 of 116
McElhaney B&B
Page 4 of 5
By contrast, the Staff s estimates of traffic created by the B&B is alarming — 8.9 traffic trips per
day per unit based on traffic studies. While the Staff Report states that this is likely high, even
half of that estimate totals 20 to 25 traffic trips per day on Arches Drive. That's more than
double the estimated current daycare use. And, according to studies cited by Staff, the B&B
could lead to 4 times more traffic than the current daycare use.
Plus, the daycare has a natural life, based on the Applicant's interest and physical ability to
continue to care for kids. Overnight rentals are more dangerous to the character of the
neighborhood. Once commercial use is approved, it is very hard to undo — even in the face of
enforcement issues. This otherwise high quality residential area will be forever changed by
regular commercial traffic and noise.
Nighttime and Weekend Use
The timing of the traffic associated with the B&B will increase the negative impact on residents
of Arches Drive and the surrounding neighborhoods. The current daycare use affects traffic on
the street during the work -day only. Most neighborhood residents are not home then and may
only be affected by the morning or afternoon drop-off and pick-up times. The overnight rentals,
by contrast, will increase traffic trips at night and on the weekend, when neighborhood residents
are home, trying to enjoy peace and quiet after a long day or week of work.
Nature of the Traffic Changes with Commercial Use
Beyond the actual no. of trips, the City's packet doesn't address the change in those traffic trips.
The daycare brings locals, parents, mini -vans and Subarus on to Arches Drive who drive slowly
and cautiously. These Moab families leave their kids with the Applicants; they know the
residents on Arches; and they show respect the small town way.
The B&B will bring tourists, strangers, trucks, and trailers. Overnight renters will likely not drive
with the same caution and respect because they don't have to — there is no accountability.
Normal, Existing Congestion
Applicants admitted at the Hearing on Sept. 11 that Arches Drive gets "5 to 10 vehicle trips
during peak season that drive down the street and turn around" likely looking for something else,
like the Slickrock Trail. Mr. McElhaney also said that the cul-de-sac, as is, "when things are
happening ... "is pretty clogged."
The dead-end street, cul de sac, and current daycare traffic create enough issues on Arches Drive
— and the proposed project is a substantial change and substantial increase in traffic and
congestion.
Page 51 of 116
McElhaney B&B
Page 5 of 5
The Applicants have failed to demonstrate how they will mitigate the increased negative impact
of increased traffic at nighttime and on weekends by tourists with trucks and trailers on the
surrounding residential neighborhoods.
2. Profile of the Expected B&B Guests. City staff cites a Michigan State study that shows
B&B travelers are well education, high income, married and middle-aged. But, citing to that
study ignores the particulars of these Applicants and this project.
For years and years, either the Applicant or his father has served as an officer of the Red Rock
4Wheelers. The Applicant has proposed parking for 4 trailers, when there are only 5 overnight
rental units. If you build trailer parking, motorized enthusiasts will come. And they will bring
trucks, trailers, and toys with them. Motorized enthusiasts cause increased impact in residential
areas: more noise, greater impact to City roads, and increased dangers to small kids biking,
running, and playing on streets with no sidewalks.
The applicants have failed to clearly prove they have minimized impact on the neighborhood,
and the facts only show that there will be substantial impact that has not or cannot be mitigated.
For this reason, you can and should deny this CUP application.
Conclusion
The neighborhood residents are sympathetic to the Applicants' need to find a new career. But,
this project does not belong on Arches Drive; it belongs near Main Street. The cost of the
construction is likely to be very expensive based on the size of the project. If the Applicants want
to run a B&B, they should spend their money on an existing business already allowed by zoning
rather than build overnight rentals in one of Moab's high quality residential areas.
The City Council has great discretion to disallow commercial uses in residential areas, and they
should exercise that discretion here. The residents of Arches Drive unanimously urge you to
deny this CUP application. Please protect Moab's remaining quiet streets for our hard-working
families and children.
CRS/
Sincerely,
THE SLOAN LAW FIRM, PLLC
Christina R. Sloan
Page 52 of 116
Mayor Dave Sakrison, City Councilpeople Kyle Bailey, Heila Ershadi, Doug McElhaney, Kirstin Peterson,
Gregg Stucki:
We would like to take this opportunity to address the conditions, and how we have met them, of a
Conditional Use Permit for our proposed Bed and Breakfast located at 100 Arches Drive.
Condition: A B&B facility shall not unduly increase local traffic in the immediate neighborhood
Met by: Arches Drive is a cul-de-sac. We currently live at 95 Arches Drive, and we currently have a
licensed daycare in our home. This daycare allows for 16 children to be watched daily. If each parent
only comes to our home to drop off and pick up their child, there is 64 possible one-way trips daily.
With a 5 unit B&B each rentable unit will have to make 6 % trips to the B&B to equal the current traffic
allowed. The vast majority of guests in a B&B will leave in the morning and return in the evening; with
one possible return for something mid -day. With every room full we will be reducing traffic to about 1/3
of the current maximum usage.
Condition: Construction...shall not alter the residential character of residential zones and of the dwelling
Met by: We are building the exact same home and structures on the property regardless of B&B
approval. A great deal of thought and planning has gone into the design of the buildings to have only
the home visible when a person drives up Arches Drive. There is also not any exterior rentable room
entrances visible until you are physically on the property. The Rentable rooms are also situated in a
manner to ensure privacy and quiet for both the surrounding residents and customers staying at the
B&B.
Condition: Parcel shall be of sufficient size to be in scale with the number of people using the
facility...must require adequate parking (required one off-street parking space per rental bedroom
required)
Met by: The lot is .57 acre, one of the largest single lots existing in town. We are required to have 5 off-
street parking spaces for guests and 2 for ourselves. We have 6 garaged parking spaces for our own
vehicles, 7 parking spaces for guests, and up to 6 additional parking spaces if needed. We have nearly 3x
the amount of parking required. Our goal is to be certain we do not have any parking on the street.
Condition: ...have a maximum 30 day stay and meals shall be served to guests only.
Met by: These conditions go without saying. We shall inform guests verbally about the 30-day stay,
and a note to that affect will be on any website we develop in the future. Meals will be prepared in the
kitchen of our home (the only kitchen we have, contrary to the commercial kitchen claim) and we would
have neither the ability nor the desire to serve meals to anyone else.
Condition: All units to have a parcel to finished dwelling unit ratio that exceeds 5 to 1 (or no dwelling
unit in excess of twenty percent of the total parcel size area)
Met by: The largest rentable unit is 266 sq ft and the lot is 24,829.2 sq ft.
Condition: No B&B facility shall rent more than 7 rooms...
Met by: We will only be renting 5
Agenda
Page 53 of 116
Condition: No B&B facility shall allow more than 2 adults in any rental room unless the bedroom square
footage is larger than 300 sq. ft. and does not use a public corridor or passageway between suite
bedroom areas
Met by: We have no rooms that are larger than 300 sq. ft.
Condition: Signs are limited to one non -flashing sign not larger than 226 sq inches (about 12 in. by 18 1/2
in.) If lighted, the sign shall be defused or shielded.
Met by: We will have a non -flashing sign that will indicate open/ closed/ no vacancy that will be 12 in. x
18 in. or smaller.
Condition: All B&B facilities shall pay water and sewer rates according to the rate formulas contained in
Sections 13.24.010 and 13.24.020
Met by: We have no choice in this matter. When we get our City Business License we will start getting
billed at the higher rates.
Condition: All B&Bs must collect and pay an applicable transient room tax, sales tax and city gross
business license fee.
Met by: Again, we have no choice. Adding the applicable taxes to the room rates is a simple math
process. Paying these collected taxes is also a simple matter.
Condition: The B&B facility shall conform to fire, building, health codes and be licensed in conformance
with all city ordinances. Any other appropriate or more stringent conditions...may be required by the
planning commission
Met by: This is new construction. The fire, building, and health codes must be met before it will be
issued a Certificate of Occupancy. The B&B has to be approved by the City in order to be licensed,
and the planning commission has already imposed conditions such as shielded parking and drainage
requirements that have already been met in the overall design.
Now we will attempt to address some of the propaganda, false assumptions, and misinformation
regarding our application.
The assertion that this is "a hotel on Arches Drive" is absurd. When a person hears the term "hotel" we
are thinking of a large building covered with doors and windows that rents many rooms. Most hotels
have an owner that is not on site. A B&B has rentable bedrooms in the owners' home. This relationship
will limit both the quantity and the type of guest that would be welcome to stay at a B&B.
In our situation, we have 3 daughters ages 10-14, and we can promise you that nobody will have a
bigger stake in ensuring that any guest staying in our home will be of the highest quality and character.
There are some negative comments regarding our current daycare. This business has been in operation
for over 11 years, and other than during the B&B public hearing process, the city has never had a
complaint. Moreover, this is a licensed and approved business that other than traffic comparisons has
Agenda
Page 54 of 116
absolutely nothing to do with our B&B application.
There have been comments saying we plan to cater to a certain class of visitor. Nothing can be farther
from the truth. We have never publicly or even privately stated preference for one user group over
another. Indeed, this practice would be harmful to the businesses integrity and long term sustainability.
All user groups will be equally welcome, just as all user groups will have to obey all laws and rules to be
a guest at our establishment.
We have seen comments deriding our sight plan. As stated earlier: We are building the same building
regardless of B&B approval.
There is an assertion that this is a "quiet, peaceful street". In the most direct route from the proposed
B&B location to 400 East, there are 10 home businesses that we are aware of. If you include multi -family
income properties, that number climbs to 15; 5 of which are on Arches Drive. This is a nice, but very
active neighborhood.
Thank you for your time,
Jeramey and Mary McElhaney
Agenda
Page 55 of 116
Moab laity Council; 20 Nov. 2014
Thank you all for your dedication to the citizens of Moab, and for the endless hours you spend debating
the important issues that come up. I am writing this brief letter in support of the bed and breakfast Mr.
and Mrs. McElhaney are requesting to build in our neighborhood. I live on the next road down from the
lot they are building on. I have lived in the home for approximately 14 years now. It is true that we live
in a quiet area, which is one of the reasons my wife and I bought where we did.
I have thought a lot about the bed and breakfast being allowed just above my own home, as we will be
sharing a corner of our back yards. I rotate shifts, and have a difficult time sleeping during the day. After
speaking with Jeramey regarding his plans, I have no concerns at all. I have known Jeramey for many
years now, and watched as he grew from a young boy, in to a fine man. Jeramey is a man of integrity. He
will be living in the residence with his wife, and their children. He has no more desire to have loud
parties, loud vehicles, or unruly people in his home, than I have for my own home. They are simply
attempting to create a better way to make a living for their family
The concerns brought to you in the last council meeting by some of the neighbors were at times
insulting. Mary has had a child care business in our neighborhood for a few years now. The traffic to and
from their house has been a concern in the past, and while doing what I get paid to do, I learned that
most of the traffic violations were being committed by the residence that live on the same street. I
have been woken up by loud illegal fireworks in our quiet neighborhood, on several occasions in the
past. The offender is one of the most outspoken parties against Jeramey and Mary and their desire to
build a business. The bed and breakfast will reduce the traffic as most visitors will leave for the daytime,
and return in the evening. The number of rooms for rent is limited, so the number of vehicles will go
down. The parents dropping their children off, and picking them up are often running late, thus pushing
the speed a bit. Tourists arriving to a bed and breakfast are not going to be speeding, as they are still
trying to locate where they are staying. People that stay in a bed and breakfast are not typically party
animals at all. They enjoy meeting new people, and want to gain new friendships from those meetings.
Again, thank you all for your dedication to improving our way of life. I ask you to allow Jeramey and
Mary McElhaney the chance to improve their own .
Tom Nixon 119 Hillside Drive
Agenda
Page 56 of 116
f
MOAB CITY COUNCIL MEETING
November 25, 2014
/ /
Agenda item
#: 7-3
Title: Approval of Proposed Resolution #50-2014 — A Resolution of the
Governing Body Declaring Certain City Property as Surplus
Fiscal Impact: Revenue generated by proceeds of auction
Staff Presenter(s): Rachel Stenta, City Recorder
Department: Recorder
Applicant: n/a
Background/Summary: Since the last auction, the City has accumulated more
surplus equipment through the scheduled replacement and repair of worn,
broken or outdated equipment. We need to dispose of this surplus equipment
and would like to donate one vehicle to the Moab Valley Fire Department.
Attached is a resolution and equipment list for the council to review. Once the
property is declared as surplus by the City Council we can proceed with the
auction process and/or donation process. I will be utilizing the state contract
provider of auction services (TNT Auctions) who will conduct an online auction
for the city, saving numerous staff hours and expense and broadening the
potential market for sales. Equipment will be auctioned on the Internet, from
Moab and pickup/delivery will be the responsibility of the purchaser. The auction
will be advertised locally as well as on our website and the TNT website.
1
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 #50-2014
— A Resolution of the Governing Body of the City of Moab Declaring Certain
City Property as Surplus.
Attachment(s): proposed resolution #50-2014
Surplus property list
Agenda
Page 57 of 116
RESOLUTION 50-2014
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB
DECLARING CERTAIN PROPERTY
OWNED BY THE CITY OF MOAB AS SURPLUS
WHEREAS, Moab City has the right and title to certain property listed below
and;
WHEREAS, the Governing Body of Moab City declares that at present time, it
has no use whatsoever for said property.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
MOAB CITY THAT:
I. The property detailed on the attached list is hereby declared as surplus city
property.
2. This resolution shall take affect immediately upon passage.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body
of Moab City Council this 25th day of November, 2014.
SIGNED:
ATTEST: David L. Sakrison, Mayor
Rachel E. Stenta, City Recorder
Resolution #50-2014 Page 1 of 1
Page 58 of 116
Department Unit #
Public Works
105 Vehicle
City of Moab
Resolution #50-2014 surplus property
Description
Ford
Model Year
F-350 Pickup Truck 1993
Public Works
170 Vehicle
Ford
F-150 Pickup Truck
2000
Public Works
171 Vehicle
Ford
F-350 Pickup Truck
2000
Public Works
129 Vehicle
Ford
Crown Victoria
1995
Public Works
52 Roller
Multiquip Inc.
Vibratory Roller
1997
Police
186 Vehicle
Dodge
Charger
2006
Police
Police
178 Vehicle
194 Vehicle
Ford Ford Crown Victoria 2005
Dodge Charger 2007
R:\Auction\2014\council auction list 50-2014.xlsx
Date:11/069Z®14
To: City Council
From: Navarre
Re: Surplus equipment/disposal
We cvmently have two vehicles that have been taken out of our fleet and replaced with new
police vehicles. One vehicle is a 2006 Dodge and the other is a 2005 Ford. Both vehicles are
not safe for Police work Neither vehicle runs. Both vehicles have electrical problems and will
have to be towed. I am requesting that these two vehicles be sent to auction.
Surplus sheet/Salvage report information is attached.
Thanks
al
a
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Page 60 of 116
Date: 10/20/2014
MCPD-MEMOtt1410-04
To: City Council members
From: Navarre
Re: 2007 Dodge Charger police vehicle
I would like to submit for your approval to donate a 2007 Dodge police vehicle to the Moab Fire
Department We received two new police vehicles this year to replace old or high maintenance
vehicles. This particular vehicle has 125,000 miles on it and is not suitable or safe to be used as
a police vehicle. The Moab Fire Department can use this vehide for a traveVtraining vehide.
The Moab Fire Department is a volunteer organization and they assist the Moab Police
Department on numerous programs including the Hazardous Materials team.
I appreciate your support in donating this vehide to a great volunteer organization which
protects our homes and business from fire.
Thank You
Page 61 of 116
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
November 25, 2o14
Agenda ltem
#: 7-4 & 7-5
Title: 500 West Waterline Project
Fiscal Impact: $386,550
Staff Presenter(s): Jeff Foster, Public Works Director
Department: Public Works
Applicant/Vendor: Mesquite Incorporated
/
/
Background/Summary: For our 500 West Water Line Project, the City
received a total of five bids from the following companies: Harrison Oil Field
Service, Cody Ekker Construction, Mesquite Utah Incorporated, Condie
Construction & B. Jackson Construction.
Mesquite Utah Incorporated was the apparent low bidder for $386,550 to
complete the project consisting of replacement of an existing 12" water line with a
new 16" water line extending from Kane Creek Boulevard along the East side of
500 West, under Millcreek, the pedestrian underpass and then reconnects to the
existing 12" water line on the Forth side of the underpass. The budgeted amount
available for the project is $350,000. To date $500 has been paid for the stream
alteration permit and $10,055 for engineering for the project. This leaves
$339,445 left in the budget for the project. An additional $47,105 with be required
to cover the full cost of the bid for the project. This amount is available in a sewer
project line item. The sewer project will be less expensive than anticipated.
1
Options: Approve, Deny or Postpone
Staff Recommendation: Approve the Bid to the apparent low bidder, Mesquite
Incorporated.
Recommended Motion: "I move to award the Bid for the 500 West
Water Line Project to Mesquite Incorporated in the amount of $$386,550."
Attachment(s): Construction Contract
Bid opening tally sheet
Agenda
Page 62 of 116
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
500 West Water Line Project
10/17/2014 2:15
Name
Amount
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Present at Bid Opening:
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Page 63 of 116
City of Moab Recorder's Office
CITY OF MOAB - PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
Date: November 6, 2014
To: Rachel Stenta — City Recorder & Assistant City Manager
From: Jeff Foster — Public Works Director
Subject: Recommendation to use Mesquite Incorporated as the contractor for the 500 West Water Line
Project.
I have contacted several Entities to enquire concerning the performance of Mesquite Incorporated and their
ability to complete similar projects at other locations in the surrounding area. Although there were minor
comments relating to project specific issues, everyone I talked to concerning Mesquite Incorporated indicated
that their projects went well and they would use Mesquite Incorporated on future jobs if the opportunity
arose. Since the bid opening Roger Campbell has called me twice indicating that he would love to start our
project as soon as possible.
There have been a few concerns that have arose related to this project. First; the Engineers Estimate of
$310,000 provided by Horrocks Engineering, was considerably low. The Engineers Estimate is used to insure
that sufficient funds are set in the Budget for a project, and they substantially missed the mark. The amount set
for the Budget was $350,000 which was to cover ALL costs for the project including engineering, permits or
other incidental costs that may come up before the project is completed. Dave Dilman with Horrocks
Engineering has submitted a letter indicating why and where the estimate was flawed which is attached.
Second; the lowest bid came in considerably over the Budget at $386,055, which was $76,055 higher than the
amount budgeted. It is essential that this project is completed as soon as possible, as the 500 West Road
Reconstruction Project is expected to start around March 15, 2015 and the existing water line is in serious need
of replacement.
Donna has indicated that she can procure the additional funds necessary to complete the project. Therefore;
After careful consideration I am recommending using Mesquite Incorporated as the successful low bidder to
complete the installation of the 500 West Water Line Project.
CO
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Page 64 of 116
Evaluation Date:
Firm Name:
Address:
CITY OF MOAB - PUBLIC WORKS DEPARTMENT
Project Performance References - Comments & Scoring
10/31/2014
Mesquite Incorporated
923 Sparks Street N Twin Falls ID 83301
ReferenceProvided by: DFCM Utah\City of Wendover Bureau of Land Management - Colorado Uinta Water Conservancy Pine Meadow Muual Water Company
Contact Person: Taylor Maxfield- Sunrise Eng.
Blain Vecchia
Aaron Avertt P.E.
Dave Dillman
Contact Phone #: 801-792-8866
Contract Amount:
Service Provided:
Contact Email:
970-244-3185
435-789-7364
801-763-4142
$65,900\$262,968
$104,066
$584,600
$162,500
Main Water line Replacement/ Fire Hydrant Replacement
Project
Pumphouse 2012 Project
Pump and Pipeline to Brough Reservoir- 2014 2014 Water line Project
tmaxfield@utah.gov
hvecchiaeblmAov
a av a rettPs u n ris a-e ng. com
dave.E6hOrrOCk5.COL
Were there any issues relating to the
contractor that slowed the start of the
project?
No
We had no major issues that slowed the start or completion
of the project
The only difficulty we had to overcome was communicating
with a contractor who's office was remote from the project.
Minor Issues, were addressed in a professional manor and
in a timely fashion.
Did contractor finish project on time?
Their paperwork was the only issue I would suggest
watching, but I am a bit more particular... They had a
proactive management style. Minor change orderon the
project unforseen condition.
Yes, the contractor finished the project on time
Yes
Yes
Were there any sub contractors?
No
N/A
No
N/A
Were there any issues You are aware of
where subs were not paid In a timely
Manner?
N/A
N/A
N/A
N/A
What were they and how did they Impact
the project?
N/A
N/A
N/A
N/A
Were you happy with the end result of
your project?
Worked will with everyone, Roger is not shy about telling
you how he feels about somethingbut I appreciate this as
nothing was a surprise.
Yes, the contract was finished and met specification
requirements.
Would work with them again in a heartbeat!
Yes
Were there any change orders?
No
We had no change orders for the project
$600,000 project, with change orders requested by Owner,
the change order was under $4,000
Did not indicate yes or no
Would you use this contractor on a future
project?
It was a simple project, but I wouldn't mind seeing them on
a more complex project.
Yr.°s
We have another project we will be working with them on
shortly
Yes
Rating *
5
4
4
4
*Over all, how would you rate the contractors performance (One being poor, 5 being excellent)?
Page 65 of 116
DOCUMENT 00500
AGREEMENT
THIS AGREEMENT, made this day of , 2014 by and between Moab City, hereinafter called
"OWNER" and doing business as (a corporation) hereinafter called
"CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The CONTRACTOR will provide and deliver the materials to the site of Moab City for the 500 West
Waterline Project.
2. The CONTRACTOR will supply tools, equipment, labor, fuel, maintenance and other services
necessary for the installation and completion of the 500 West Waterline Project as described herein.
3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 10
calendar days after the date of the Notice to Proceed and will complete the work required by the
CONTRACT DOCUMENTS in 45 Calendar Days, unless the period for completion is extended
otherwise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT
DOCUMENTS and comply with the terms therein for the sum of $
5. The term "CONTRACT DOCUMENTS" means and includes the following:
(A) Advertisement for BIDS
(B) Information for BIDDERS
(C) Information Required of Bidder
(D) Bid
(E) Agreement
(F) General Conditions
(G) Supplemental General Conditions
(H) Notice of Award
(I) Notice to Proceed
(.n Change Order
(K) Specifications prepared or issued by Horrocks Engineers, dated, September, 2014.
(L) Drawings prepared by Horrocks Engineers numbered 1 through 17 and dated
September, 2014.
(M) Addendum:
6. The OWNER will pay to the CONTRACTOR in the manner at such times as set forth in the General
PG-010-1405
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September 2014
Conditions such amounts as required by the CONTRACT DOCUMENTS.
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed,
or caused to be executed by their duly authorized officials, this Agreement in triplicate, each of which
shall be deemed an original on the date first above written.
OWNER:
Moab City
(SEAL) Name
ATTEST: Title
Name
(please type)
Title
CONTRACTOR:
(SEAL) BY
ATTEST: Name
(please type)
Address
Name
(please type)
Title
PG-010-1405
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September 2014
/
/
AGENDA SUMMARY
MOAB CITY COUNCIL MEZI
November 25, 2014
Agenda item
#: 7-6
NG
/
/
to
Title: Resolution #51-2014: Approving a Local Government Contract by and
between the City of Moab and Horrocks Engineering for the Moab 500 West
Phase 3 Road Improvement Project, for Construction Engineering Management
Services
Fiscal Impact: The costs associated with this agreement are covered under the
500 West Road Improvement Project Budget. The cost of this contract is
$119,000. This project is being paid for with a UDOT Small Urban Road Fund
grant, plus the required city match. Horrocks will be paid with grant funds by
UDOT.
Staff Presenter(s): Donna Metzler, City Manager
Department: Administration
`Applicant/Vendor: NA
Background/Summary: UDOT requires that the City select a consultant to
provide construction engineering management services during construction of
the 500 West Road Improvement Project. UDOT requires that the consultant be
on UDOT's pre -approved list and that that contract follow UDOT's requirements.
The City selected Horrocks Engineering because of their extensive involvement
with the project in the design phase of the project, as well as their familiarity with
the waterline component. UDOT will pay Horrocks directly, with the City's
approval of invoice. The attached contract is a standard UDOT contract.
Options: Approve, Approve with Changes, Deny or Postpone
Staff Recommendation: Staff recommends approval of the contract as
presented.
Recommended Motion: "I move to approve Resolution #51-2014 as
presented."
Attachment(s): Local Government Agreement
Agenda
Page 68 of 116
Resolution #51-2014
APPROVING A LOCAL GOVERNMENT CONTRACT BY AND BETWEEN THE CITY OF MOAB
AND HORROCKS ENGINEERING FOR THE MOAB 500 WEST PHASE 3 ROAD
IMPROVEMENT PROJECT, FOR CONSTRUCTION ENGINEERING MANAGEMENT SERVICES
Whereas, the governing body of the City of Moab desires to enter into a contract with
Horrocks Engineering to provide construction engineering management services for the
500 West Road Improvement Project pursuant to the Utah Department of Transportation's
guidelines; and
Whereas, the Contract has been presented to this meeting of the City Council;
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY
ADOPT THE CONTRACT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING
OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE
AND DELIVER SAID AGREEMENT.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of Moab City in open session this
25th day of November, 2014.
CITY OF MOAB
By:
David L. Sakrison
Mayor
Attest:
Rachel E. Stenta
City Recorder
Resolution #51-2014 Page 1 of 1
Page 69 of 116
Agenda
LVI,HL tN IIIY UU1-11
LOCAL GOVERNMENT CONTRACT
STATE OF UTAH
LOCAL GOVERNMENT
ENGINEERING SERVICES
2013-2016 LG POOL (DIRECT SELECT)
COST PLUS FIXED FEE
CONTRACT NO.
EFFECTIVE DATE
TRACKING NO.
Project No.: F-LC19(15)
PIN Description: Moab 500 West Ph3: Mill Creek Bridge to Kane Creek
FINET Prog No.: 5354613C
PIN No.: 9983
Work Discipline: Construction Engineering Management
1. CONTRACTING PARTIES: This contract is between City of Moab, referred to as LOCAL AUTHORITY
and
Horrocks Engineers, Inc
2162 West Grove Pkwy Ste 400
Pleasant Grove, UT 84062
Legal Status of Consultant: For Profit Corporation
Fed ID No.: 87-0296502
referred to as CONSULTANT, and approved by the Utah Department of Transportation, referred to as
DEPARTMENT.
2. REASON FOR CONTRACT: The LOCAL AUTHORITY does not have sufficient qualified staff to
complete the work required in the suggested time frame and the CONSULTANT is professionally qualified
and willing to assist the LOCAL AUTHORITY with Construction Engineering Management services as
further described in Attachment C.
3. PROJECT/CONTRACT PERIOD: The project/contract will terminate December 31, 2015, unless
otherwise extended or canceled in accordance with the terms and conditions of this contract.
4. CONTRACT COSTS: The CONSULTANT will be paid a maximum of $119,808.95 for costs authorized by
this Contract as further described in Attachment D.
5. ATTACHMENTS INCLUDED AS PART OF THIS CONTRACT:
Attachment A — Certification of Consultant and Local Authority
Attachment B — Standard Terms and Conditions
Attachment C — Services Provided by the Consultant
Attachment D — Fees
Attachment E — Insurance
The parties below hereto agree to abide by all the provisions of this contract. IN WITNESS WHEREOF, the
parties sign and cause this contract to be executed.
CONSULTAN - Horrocks Engineers, Inc
Y:
Title: 1
Printed Na e: Ee .Ackve,,I Ce7Rct,A411/43-\"
LOCAL AUTHORITY - City of Moab
By:
Title:
Printed Name:
UTAH DEPARTMENT OF TRANSPORTATION DEPARTMENT Comptroller's Office
By:
Title: Eng
" • r Prec truction
Date
1 I -12,14 By:
Date Title: Contract Administrator Date
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CERTIFICATION OF CONSULTANT
By signing this contract on behalf of the CONSULTANT, 1 hereby certify I am a duly authorized representative of
Horrocks Engineers, Inc and that neither I nor the above CONSULTANT I hereby represent has:
(a) employed or retained for commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure this contract,
(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out the contract, or
(c) paid, or agreed to pay to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out the contract; except
as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Utah Department of Transportation and the Federal
Highway Administration in connection with this contract involving participation of Federal -aid Highway Funds, and
is subject to applicable State and Federal laws, both criminal and civil.
CERTIFICATION OF LOCAL AUTHORITY
By signing this contract on behalf of the LOCAL AUTHORITY, I hereby certify 1 am the duly authorized
representative of City of Moab and that the above CONSULTANT or its representative has not been required,
directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract,
to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil.
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LOCAL GOVERNMENT
ENGINEERING SERVICES CONTRACT
STANDARD TERMS AND CONDITIONS
1. AUTHORITY: Provisions of this contract are pursuant to the authority set forth in Sections 27-12-21, 107
and 108; and 63-56 U.C.A. 1953, as amended, and the Utah State Procurement Regulations, which
authorizes the LOCAL AUTHORITY and/or the DEPARTMENT to make purchases in accordance with
said laws and regulations.
2. CONTRACT JURISDICTION AND COMPLIANCE WITH LAWS: The provisions of this contract shall be
governed by the laws of the State of Utah. Also, the CONSULTANT and those engaged by the
CONSULTANT shall comply with all Federal, State and local laws, regulations and other legally binding
requirements that pertain to the services provided under this contract. Proof of the CONSULTANT'S
compliance with licensing requirements shall be furnished to the LOCAL AUTHORITY and/or the
DEPARTMENT upon request.
3. RECORDS ADMINISTRATION: The CONSULTANT shall maintain all books, papers, documents,
accounting records and other evidence to support costs billed for under this contract. These records shall
be retained by the CONSULTANT for a period of at least four (4) years after the contract terminates, or
until all audits initiated within the four years have been completed, whichever is later. These records shall
be made available at all reasonable times during the four year period for audit and inspection by the
LOCAL AUTHORITY and/or the DEPARTMENT and other authorized State and Federal auditors. The
CONSULTANT'S records supporting the cost proposal shall also be retained and made available for
review by authorized Federal or State staff. Copies of requested records shall be furnished to the LOCAL
AUTHORITY and/or the DEPARTMENT upon request.
4. CONFLICT OF INTEREST: The CONSULTANT certifies that none of its officers or employees are
officers or employees of the State of Utah unless disclosure has been made in accordance with Section
67-16-8, U.C.A. 1953, as amended. The CONSULTANT certifies that no engineer, attorney, appraiser,
inspector, surveyor or survey crew, or other person performing services for the CONSULTANT has,
directly or indirectly, a financial or other personal interest, other than his employment or retention by the
LOCAL AUTHORITY and/or the DEPARTMENT, in any contract or subcontract in connection with this
project (Reference 23 CFR § 1.33). An example of this situation would be the CONSULTANT
subcontracts with the Contractor to perform survey work while contracted by the LOCAL AUTHORITY
and/or the DEPARTMENT to perform construction engineering management services for the same
project.
The CONSULTANT further warrants that it has no financial or other interest in the outcome of the work
performed under the contract. Examples of this situation would be a Consultant who owns land, options
to buy land, or some business enterprise that would be financially enhanced or diminished by any project
alternatives.
5. EMPLOYMENT OF DEPARTMENT EMPLOYEES: The CONSULTANT agrees not to engage in any
way the services on this contract of any present or former Utah Department of Transportation employee
who was involved as a decision maker in the selection or approval processes or who negotiated and/or
approved billings or contract modification for this contract.
6. CONSULTANT, AN INDEPENDENT CONTRACTOR: The CONSULTANT shall be an independent
contractor, and as such, shall have no authority, express or implied to bind the LOCAL AUTHORITY
and/or the DEPARTMENT to any agreement, settlement, liability, or understanding whatsoever; and
agrees not to perform any acts as agent for the LOCAL AUTHORITY, except as specifically authorized
and set forth herein. Persons employed by the LOCAL AUTHORITY and acting under the direction of the
LOCAL AUTHORITY shall not be deemed to be employees or agents of the CONSULTANT.
Compensation provided to the CONSULTANT herein shall be the total compensation payable hereunder
by the LOCAL AUTHORITY.
7. INDEMNITY - LIABILITY: The CONSULTANT shall hold harmless and indemnify the DEPARTMENT
and the LOCAL AUTHORITY, their officers, agents and employees from and against any and all claims,
suits and cost, including attorneys fees, for injury or damage of any kind to the extent arising out of the
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ATTACHMENT B
negligent acts, wrongful acts, errors, or omissions of the CONSULTANT, or its subconsultants when
acting within the scope of their subcontract, or their respective agents, employees or representatives.
The CONSULTANT is an independent contractor contracted with the LOCAL AUTHORITY and approved
by the DEPARTMENT. Any periodic plan and specification review or construction inspection performed
by the LOCAL AUTHORITY or DEPARTMENT arising out of the performance of the contract, does not
relieve the CONSULTANT of its duty in the performance of the contract, or ensure compliance with
customary standard of professional care.
8. SEPARABILITY: The declaration by any court, or other binding legal source, that any provision of this
contract is illegal and void and shall not affect the legality and enforceability of any other provision of this
contract, unless said provisions are mutually dependent.
9. LIABILITY INSURANCE: Services to be provided by the CONSULTANT under this contract are required
to be covered by insurance. The CONSULTANT shall furnish the LOCAL AUTHORITY and the
DEPARTMENT a Certificate of Insurance applying to this contract for each type of insurance required, to
be approved by the DEPARTMENT and the LOCAL AUTHORITY, before the CONSULTANT begins work
under this contract. The CONSULTANT'S insurer must be authorized to do business in Utah and must
meet the specified A.M. Best rating or better at the time this contract is executed. The following
insurance shall be maintained in force until all activities which are required by this contract or as changed
by contract modification are completed and accepted by the LOCAL AUTHORITY and the
DEPARTMENT:
(a) General Liability and Automobile Liability insurance with a limit of not less than $1,000,000 per
occurrence and not less than $2,000,000 aggregate and having an A.M. Best rating of A -class
VIII or better. The limit if different for this contract will be as designated in Attachment C to this
contract. If this coverage is written on a claims -made basis, the Certificate of Insurance shall so
indicate.
The CONSULTANT represents that as long as commercially available the insurance shall remain
in effect such that claims reported up to three (3) years beyond the date of substantial completion
of this contract are covered.
(b) Architect and/or Engineers Professional Liability (errors and omissions) insurance having an A.M.
Best rating of A -class VIII or better, is required at the coverage amount of $1,000,000 per claim
and $2,000,000 aggregate. If this coverage is written on a claims -made basis, the Certificate of
Insurance shall so indicate. The CONSULTANT represents that as long as commercially
available the insurance shall remain in effect such that claims reported up to three (3) years
beyond the date of substantial completion of this contract are covered (on construction contracts
or modifications for construction management the insurance, shall remain in effect for one
(1) year after completion of the project).
(c) Valuable Papers & Records Coverage and/or Electronic Data Processing (Data and Media)
Coverage for the physical loss or destruction of the work product including drawings, plans,
specifications and electronic data and media. Such insurance shall be of a sufficient limit to
protect the CONSULTANT, its sub -consultants, the LOCAL AUTHORITY, and the
DEPARTMENT from the loss of said information.
(d) Aircraft Liability in the amount of $1,000,000 per occurrence if aircraft are utilized in connection
with this contract.
(e) The CONSULTANT shall provide evidence that his employees and sub -consultant employees are
covered by Workers Compensation. If they are covered by Workers Compensation Fund of Utah,
then the A.M. Best rating is not required in this area.
(f)
The CONSULTANT shall require the insurance company that issues the Certificates of Insurance
for the evidence of the required insurance coverage to endeavor to provide the DEPARTMENT
and the LOCAL AUTHORITY with 30 days written notice in the event that coverage is canceled
before the policy expiration date stated in the Certificate. The CONSULTANT further agrees to
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ATTACHMENT B
provide the DEPARTMENT and the LOCAL AUTHORITY with 30 days written notice prior to
making an alternation or material change to the required insurance coverage.
Policies referred to in 9(a) and 9(d) above are required to be endorsed naming the LOCAL AUTHORITY,
UDOT, and the State of Utah as Additional Insureds and, on General Liability and Aircraft Liability,
indicate they are primary and not contributing coverage. All required policies, endorsements, insurance
companies issuing same, and self insured programs are subject to review and approval by the State of
Utah, Risk Manager.
10. HEALTH INSURANCE: The CONSULTANT agrees that if the CONSULTANT has an initial contract of
1.5 million dollars or more, or the contract and modifications are anticipated in good faith to exceed
1.5 million dollars, or the CONSULTANT has a subcontract at any tier that involves a sub -consultant that
has an initial subcontract of $750,000 or more, and/or the CONSULTANT has a subcontract at any tier
that is anticipated in good faith to exceed $750,000; hereby certifies the following.
The CONSULTANT and all applicable sub -consultants have and will maintain an offer of qualified health
insurance coverage for their employees, as defined in UCA Section 34A-2-104 for the employees who
live and/or work within the State of Utah, along with their dependents, during the duration of the contract.
Employee, for purposes of these requirements, shall be no broader than the use of the term employee for
purposes of State of Utah Workers' Compensation requirements.
The Executive Director or designee shall have the right to request a recertification by the CONSULTANT
by submitting a written request to the CONSULTANT, and the CONSULTANT shall so comply with the
written request within ten (10) working days of receipt of the written request; however, in no case may the
CONSULTANT be required to demonstrate such compliance more than twice in any 12-month period.
The CONSULTANT and all applicable sub -consultants will be subject to all applicable penalties. The
CONSULTANT will provide these same requirements in all applicable subcontracts at every tier.
11. PROGRESS: The CONSULTANT shall begin the work required by this contract within one week
following official notification by the DEPARTMENT to proceed. The CONSULTANT shall prosecute the
work diligently and to the satisfaction of the LOCAL AUTHORITY and the DEPARTMENT. If Federal
Funds are used on this contract the work will be subject to periodic review by the Federal Highway
Administration.
The CONSULTANT will prepare monthly progress reports following the format established by the LOCAL
AUTHORITY and the DEPARTMENT in sufficient detail to document the progress of the work and
support the monthly claim for payment. Payments will not be made without a supporting progress report.
In addition, the CONSULTANT will update the DEPARTMENT'S "electronic Program Management" (ePM)
system bi-weekly to reflect the status of the project.
Progress conferences will be held periodically. The CONSULTANT will prepare and present written
information and studies to the LOCAL AUTHORITY and the DEPARTMENT so it may evaluate the
features and progress of the work. Any one of the three parties may request a conference; to be held at
the office of any, or at a place designated by the LOCAL AUTHORITY or the DEPARTMENT. The
conferences shall also include inspection of the CONSULTANT'S services and work products when
requested by the LOCAL AUTHORITY or the DEPARTMENT.
The CONSULTANT will be required to perform such additional work as may be necessary to correct
errors caused by the CONSULTANT in the work required under the contract without undue delays and
without additional cost to the LOCAL AUTHORITY and the DEPARTMENT.
At any time the CONSULTANT determines the contract work cannot be completed within the specified
time or budget, the LOCAL AUTHORITY and the DEPARTMENT shall be immediately notified in writing.
The LOCAL AUTHORITY and the DEPARTMENT may, at their sole discretion, extend the contract by
written modification.
The LOCAL AUTHORITY or the DEPARTMENT may terminate this contract in accordance with
termination provisions of this contract including failure of the CONSULTANT to make satisfactory
progress of the contract work.
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Should the LOCAL AUTHORITY or the DEPARTMENT desire to suspend the work, but not terminate the
contract, this will be done by verbal notification followed by written confirmation from the LOCAL
AUTHORITY or the DEPARTMENT. The work may be reinstated upon 30 days advance written notice
from the LOCAL AUTHORITY or the DEPARTMENT.
Unless extended or terminated in writing, this contract will terminate on the expiration date, or at the end
of the specified calendar days.
12. REVIEW AND INSPECTION OF WORK: It is expressly understood and agreed that authorized
representatives of the LOCAL AUTHORITY, DEPARTMENT and, when Federal Funds are used, the
Federal Highway Administration shall have the right to review and inspect the work in process, and the
CONSULTANT'S facilities, at any time during normal business hours or by appointment.
13. NON DISCRIMINATION PROVISIONS: The CONSULTANT agrees to abide by the provisions of the
Utah Anti -discrimination Act, Title 34 Chapter 35 U.C.A. 1953, as amended, and Title VI and Title VII of
the Civil Rights Act of 1964 (42 USC 2000e), which prohibits discrimination against any employee or
applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, or
national origin; and further agrees to abide by Executive Order No. 11246 entitled "Equal Employment
Opportunity," as amended by Executive order 11375 and as supplemented in Department of Labor
Regulations (41CFR Part 60), which prohibits discrimination on the basis of age; and Section 504 of the
Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap. The CONSULTANT
agrees to abide by Utah's Executive Order, dated June 30, 1989, which prohibits sexual harassment in
the work place. Sections 49 CFR 21 through Appendix H and 23 CFR 710.405(b) are applicable by
reference in all contracts and subcontracts financed in whole or in part with Federal -aid highway funds.
The CONSULTANT further agrees to furnish reports to the LOCAL AUTHORITY and/or the
DEPARTMENT upon request for the purpose of determining compliance with these statutes identified in
this section. The CONSULTANT shall comply with the Americans With Disabilities Act (ADA).
The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The CONSULTANT shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of federal -aid contracts. Failure by the CONSULTANT to
carry out these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as the DEPARTMENT deems appropriate. During the performance of
this contract, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows:
(a) Compliance with Regulations: The CONSULTANT shall comply with the Regulation relative to
nondiscrimination in federally -assisted programs of the 49 CFR Part 21, and the 23 CFR Part 200
as they may be amended from time to time, (hereinafter referred to as the Regulations), which
are herein incorporated by reference and made a part of this contract.
(b) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, national origin, sex, age,
disability/handicap, and low income status in the selection and retention of subconsultants,
including procurements of materials and leases of equipment. The CONSULTANT shall not
participate either directly or indirectly in the discrimination prohibited by 49 CFR § 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
(c) Solicitations for Subconsultants, Including Procurements of Materials and Equipment: In
all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work
to be performed under a subcontract, including procurements of materials or leases of equipment,
each potential subconsultant or supplier shall be notified by the CONSULTANT of the
CONSULTANTS obligations under this contract and the Regulations relative to nondiscrimination
on the grounds of race, color, national origin, sex, age, disability/handicap, and low income
status.
(d) Information and Reports: The CONSULTANT shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
DEPARTMENT to be pertinent to ascertain compliance with such Regulations, orders and
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instructions. Where any information required of a CONSULTANT is in the exclusive possession
of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the
DEPARTMENT, and shall set forth what efforts it has made to obtain the information.
(e) Sanctions for Noncompliance: In the event of the CONSULTANT's noncompliance with the
nondiscrimination provisions of this contract, the DEPARTMENT shall impose such contract
sanctions as it may determine to be appropriate, including, but not limited to:
(1) withholding of payments to the CONSULTANT under the contract until the CONSULTANT
complies, and/or
(2) cancellation, termination or suspension of the contract, in whole or in part.
Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (a)
through (f) in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto.
The CONSULTANT shall take such action with respect to any subcontract. or procurement as the
DEPARTMENT may direct as a means of enforcing such provisions including sanctions for non-
compliance: Provided, however, in the event a CONSULTANT becomes involved in, or is threatened
with, litigation with a subconsultant or supplier as a result of such direction, the CONSULTANT may
request the DEPARTMENT to enter into such litigation to protect the interests of the DEPARTMENT, and,
in addition, the CONSULTANT may request the United States to enter into such litigation to protect the
interests of the United States. (Provision revised July 29, 2013.)
(f)
14. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS: The CONSULTANT agrees to abide by the requirements of 49 CFR Part 29. By signing this
contract the CONSULTANT certifies that to the best of their knowledge and belief that it or its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had civil
judgment against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under
a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or Local) with commission of any of the offenses enumerated in subparagraph
14(b) of this certification; and
(d) Have not within a three-year period preceding this contract had one or more public transactions
(Federal, State, or Local) terminated for cause or default.
Where the CONSULTANT is unable to certify to any of the statements in this certification, the
CONSULTANT shall attach an explanation to this contract. Exceptions will not necessarily result in denial
of award, but will be considered in determining CONSULTANT'S responsibility. Any exceptions noted
shall identify to whom it applies, the initiating agency, and dates of the action. Providing false information
may result in criminal prosecution or administrative sanctions.
15. CERTIFICATION OF COMPLIANCE ON LOBBYING RESTRICTIONS: The CONSULTANT agrees to
conform with the lobbying restrictions established by Section 319 of Public Law 101-121 (Department of
the Interior and Related Agencies Appropriations Act for Fiscal Year 1990) for contracts exceeding
$100,000 in Federal Funds. The CONSULTANT certifies, by signing this contract, to the best of their
knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
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Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The CONSULTANT also agrees by signing this contract that they shall require that the language of this
certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub -
recipients shall certify and disclose accordingly.
16. CERTIFICATION OF COMPLIANCE ON DRUG AND ALCOHOL TESTING: The CONSULTANT hereby
certifies by executing this Contract, that the CONSULTANT shall comply with all applicable provisions
of Rule 916-6 Drug and Alcohol Testing in State Construction Contracts and UCA Section 63G-6-604
throughout the term of this Contract. The CONSULTANT shall provide this requirement in its contracts
with subconsultants.
17. CONSULTANT COST CERTIFICATION: The CONSULTANT hereby certifies by executing this Contract,
that the CONSULTANT has previously submitted a CONSULTANT certification of final indirect costs in
accordance with the Federal Acquisition Regulations (FAR) cost principles as described in the FHWA
Order 4470.1A and in the DEPARTMENT Financial Screening Application.
18. OWNERSHIP OF DOCUMENTS: All tracings, plans, manuscripts, specifications, data, maps, etc.,
prepared or obtained by the CONSULTANT, as a result of working on this contract, shall be delivered to
and become the property of the LOCAL AUTHORITY. All documents and data pertaining to work
required by this contract shall be the property of the LOCAL AUTHORITY and shall be delivered to the
LOCAL AUTHORITY within 10 working days after termination of the contract, regardless of the reason for
termination; and without restriction or limitation on their further use. Costs of all the above items shall be
considered as included in the basic contract compensation for the work as described in ATTACHMENT C.
The CONSULTANT shall not be responsible for another party's application of information contained in the
contract documents to other projects, or for uses other than that for which the information was intended.
Should patentable discoveries or inventions result from work required by this contract, all rights to them
shall be the sole property of the CONSULTANT. Except, the CONSULTANT agrees to grant to the
United States Government and the State of Utah a non exclusive, non transferable, paid up, license to
use the discovery or invention. The CONSULTANT is permitted to copyright reports and other contract
products provided that the LOCAL AUTHORITY, the DEPARTMENT and the Federal Highway
Administration have a royalty free, non exclusive, irrevocable right to reproduce, publish, or otherwise use
and authorize others to use for governmental purposes.
19. ASSIGNMENT AND SUBCONTRACTING: The CONSULTANT shall not subcontract any of the work
required by this contract, or assign monies to be paid to the CONSULTANT hereunder, without the prior
written approval of the LOCAL AUTHORITY and/or the DEPARTMENT. The amount billed to the
DEPARTMENT for subcontractor costs shall be the same amount the CONSULTANT actually pays
subcontractor for services required by this contract. All payments made by the CONSULTANT to the
subcontractor for services required by this contract shall be subject to audit by the LOCAL AUTHORITY
and/or the DEPARTMENT. All subcontracts must include all the same terms and conditions and
provisions included in this contract. However, the prime CONSULTANT is responsible for ensuring that all
work performed by sub -consultants is insured under their insurance policy, or they require that the sub -
consultants meet the insurance provisions required under this contract.
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ATTACH AI ENT B
The CONSULTANT must perform work valued at not less than 60% of the total contract amount,
excluding specialized services, with its own staff. Specialized services are those services or items that
are not usually furnished by a consultant performing the particular type of service contained in this
contract.
20. PERSONNEL/STAFFING PLAN: Any change in personnel from that specifically identified in
Attachment C of this contract, must be approved by the DEPARTMENT through a modification to this
contract or a Contract Management System (CMS) Alternative Staff Transaction prior to any work being
performed by new personnel. Invoices submitted for payment with unauthorized personnel will not be
paid. (Provision revised July 29, 2013.)
21. DISPUTES: Claims for services, materials, or damages not clearly authorized by the contract, or not
ordered by the LOCAL AUTHORITY and the DEPARTMENT by prior written authorization, will not be
paid. The CONSULTANT shall notify the LOCAL AUTHORITY and the DEPARTMENT in writing, and
wait for written approval, before it begins work not previously authorized. If such notification and approval
is not given or the claim is not properly documented, the CONSULTANT shall not be paid the extra
compensation. Proper documentation alone shall not prove the validity of the claim. The parties agree to
use arbitration or mediation after exhausting applicable administrative reviews to resolve disputes arising
out of this contract where the sole relief sought is monetary damages $100,000 or less, exclusive of
interest and costs.
22. CLAIMS - DELAYS AND EXTENSIONS: The CONSULTANT agrees to proceed with the work
previously authorized by the contract, or in writing, continually and diligently, and will make no charges or
claims for extra compensation for delays or hindrances within its control during the progress of this
contract. The LOCAL AUTHORITY and the DEPARTMENT may allow an extension of time for the
contract, for a reasonable period as agreed by the parties, should a delay or hindrance occur. The
LOCAL AUTHORITY and/or the DEPARTMENT shall not waive any of its rights under the contract by
permitting the CONSULTANT to proceed with the contract after the established completion date.
23. CONSULTANT'S ENDORSEMENT ON PLANS, ETC.: The CONSULTANT (if a firm, the responsible
principal) is required to endorse and affix its seal to plans, reports, and engineering data furnished to the
LOCAL AUTHORITY and/or the DEPARTMENT under this contract.
24. CONTRACT MODIFICATIONS: This contract may be amended, modified, or supplemented, as it is
mutually agreed to by the parties by written contract modification, executed by the parties hereto and
attached to the original signed contract. If there is Federal funding as part of the revenue for this contract,
the Federal Highway Administration must approve all changes.
Claims for services furnished by CONSULTANT, not specifically authorized by this contract or by
appropriate modification, shall not be paid by the LOCAL AUTHORITY or the DEPARTMENT. When a
contract modification has been agreed to by the parties no claim for the extra work done or material
furnished shall be made by the CONSULTANT until the written modification has been fully executed. Any
verbal agreements not confirmed in writing are non -binding.
25. TERMINATION: This contract may be terminated as follows:
(a) Mutual agreement of the parties; in writing and signed by the parties.
(b) By either party for failure of the other party to fulfill its obligations, as set forth with the provisions
of this contract and in particular with Attachment C, "Services Provided by the CONSULTANT" or
Section 40, "Duties of the DEPARTMENT". Reasonable allowances will be made for
circumstances beyond the control of the CONSULTANT and the LOCAL AUTHORITY or the
DEPARTMENT. Written notice of intent to terminate is required and shall specify the reasons
supporting termination.
(c) By the LOCAL AUTHORITY or the DEPARTMENT for the convenience of the State or the
LOCAL AUTHORITY upon written notice to the CONSULTANT.
(d) Upon satisfactory completion of required contract services.
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