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PKT-CC-2010-02-09
CITY OF MOAI3 FG,13RUARY 9, 2010 STORM WATER DRAINAGE PRESENTATION 5:30 PM PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL 0-1AMI3PRS (217 EAST CENTER STREET) Page 1 of 54 Page 2 of 54 Moab City Council Master Meeting Calendar* February 2010 February 2010 S M T W T F S March 2010 S M T W T F S 14 21 28 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 22 23 24 25 26 27 1 2 3 7 8 9 10 14 15 16 17 21 22 23 24 28 29 30 31 4 5 6 11 12 13 18 19 20 25 26 27 co a M c 4 n a 1 0 N a 1 r N N LLc2 m 2 m m LLc2 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jan 31 Feb 1 2 3 4 5 6 6:00pm 7:00pm GC4B 3:00pm 4:00pm GC Couna 5:00pm 6:00pm IQMU Boa 7:00pm 9:00pm GC Counci 7:00pm 9:00pm CVTC 8:30am 3:00pm 3:30pm 7:00pm 3:00pm MC Visiont 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSS4 9:00am 12:00pm MC Visioni 7 8 9 10 11 12 13 12:30pm 2:00pm GCCDA 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 11111.11:00pm Moab CC , 6:00pm 7:00pm 7:00pm GC PC 8:00pm TSSD 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 14 15 16 17 18 19 20 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 5:00pm 6:00pm 6:00pm 6:30pm GCLB 7:00pm GCSE/BE 6:30pm GCRSSD 21 22 23 24 25 26 27 12:00pm 12:30pm MTPSC �:OOpm Moab CC 6:00pm 7:00pm GC PC 6:30pm 8:00pm Moab PC 28 Mar 1 2 3 4 5 6 Moab Oty Recorder's Office 1 2/5/2010 4:30 PM *Meeting end times are approximations only Page 3 of 54 2010 Master Meeting Calendar Entities (red indicates meetings confirmed) Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 3rd Wednesday GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 4th Tuesday CJC Grand County Children's Justice Center Fire Station MVFPDC Moab Valley Fire Protection District Commission Moab Fire Department 2nd Tuesday Updated on: 1/20/2010 R:\Agendas\Calendar\2010 calendar entities.xlsx Moab City Recorder's Office Page 4 of 54 Moab City Council Master Meeting Calendar* March 2010 SMT March 2010 W T F Apr" 2°'° S SMTW T F S 14 21 28 1 2 3 4 5 7 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 6 13 4 5 6 20 11 12 13 27 18 19 20 25 26 27 1 2 3 7 8 9 10 14 15 16 17 21 22 23 24 28 29 30 O `m 2 ro N o N LL M m 2 0 N `m N N '0 M W N (0 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Feb 28 Mar 1 2 3 4 5 6 6: 00pm 7: 00pm GCAB 3:00pm 4:00pm GC Counci 5:00pm 6:00pm IQMU Boa 7:00pm 9:00pm GC Counci 7: 00pm 9:00pm CVTC 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 7 8 9 10 11 12 13 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 11111.11:00pm Moab CC , 6:00pm 7:00pm 7:00pm GC PC 8:00pm TSSD 6:30pm 7:00pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 8:00pm TSSSFD 14 15 16 17 18 19 20 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 5:00pm 6:00pm 6:00pm 6:30pm GCLB 7:00pm GCSDBE 6:30pm GCRSSD 21 22 23 24 25 26 27 12:00pm 12:30pm Mi 5:00pm 6:00pm SEUDHD 6:00pm 7:00pm GC PC 6:30pm 8:00pm Moab PC 6:30pm 9:00pm Moab CC 28 29 30 31 Apr 2 3 Moab Oty Recorder's Office 2 2/5/2010 4:30 PM *Meeting end times are approximations only Page 5 of 54 2010 Master Meeting Calendar Entities (red indicates meetings confirmed) Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 3rd Wednesday GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 4th Tuesday CJC Grand County Children's Justice Center Fire Station MVFPDC Moab Valley Fire Protection District Commission Moab Fire Department 2nd Tuesday Updated on: 1/20/2010 R:\Agendas\Calendar\2010 calendar entities.xlsx Moab City Recorder's Office Page 6 of 54 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org City of Moab — Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, February 9, 2010 at 7:00 p.m. 411111111111111111111111111111111111111111111111111111111111 5:30 p.m. STORM WATER DRAINAGE PRESENTATION 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. Call to Order: Pledge to Flag: SECTION 1: APPROVAL OF MINUTES SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATION 4-1 Presentation by Carrie Valdes of the Grand County Public Library 4-2 Presentation by the Moab Community Action Coalition Regarding Communities that Care SECTION 5: PUBLIC HEARING (Approximately 7:30 PM) 5-1 Public Input on a Proposed Conditional Use Permit for Ben Byrd for thirty-one Twin Homes in the Preserve Subdivision 5-2 Public Input on Proposed Ordinance #2010-01 - An Ordinance Amending the City of Moab Land Use Code Chapter 17.55, Hillside Developments as Applied in all Zones 5-3 Public Input on Proposed Ordinance #2010-02 - An Ordinance Amending Title 10. Vehicles and Traffic, Specifically Chapter 10.04, Vehicle Code, and More Specifically, Chapter 10.04.230, Unlawful Parking -Vehicles Left Standing for More than Forty - Eight Hours and Overnight Camping in Vehicles Page 7 of 54 SECTION 6: CONSENT AGENDA 6-1 Request to Send Proposed Resolution #05-2010 - A Resolution Amending the Fiscal Year 2009-2010 Budget to Public Hearing 6-2 Approval of a Special Event License Application for the Canyonlands Volleyball Tournament Series to be held on various dates in February and March 2010 at the Grand County Middle School and Center Street Gym 6-3 Approval of a Special Business Event License Application for the Canyonlands Half Marathon and Five Mile Run to be conducted on March 19 to 20, 2010 at the Center Street Gym and Swanny City Park 6-4 Approval of a Request for Use of Swanny City Park by Moab Half Marathon Inc. on March 19, 2010 6-5 Award of the 2010 Crack Sealant Project 6-6 Approval of the 2010 Crack Sealant Contract SECTION 7: NEW BUSINESS 7-1 Approval of a Request for a Fee Waiver of Gym Rental Fees for the Canyonlands Half Marathon in the Amount of $2,235 7-2 Approval of Amendment Number One to the Agreement between the City of Moab and the University of Utah for the Project Entitled "Water Distribution Model Development and Calibration" 7-3 Approval of Local Consent for a Club Liquor License by Michael Miller, d.b.a. Moab Brewery Located at 686 South Main Street 7-4 Approval of a Private Club License for Michael Miller, d.b.a. Moab Brewery Located at 686 South Main Street 7-5 Discussion Regarding the Process for Filling a Mid-term City Council Vacancy SECTION 8: READING OF CORRESPONDENCE SECTION 9: ADMINISTRATIVE REPORTS SECTION 10: REPORT ON CITY/ COUNTY COOPERATION SECTION 11: MAYOR AND COUNCIL REPORTS SECTION 12: PAY THE BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 8 of 54 CITY OF MOAB PROPOSED CONDITIONAL USE PERMIT FOR TWIN HOMES The City of Moab will hold a Public Hearing on Tuesday, February 9, 2010 at approximately 7:30 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input on a proposed Conditional Use Permit for Ben Byrd for thirty-one Twin Homes in the Preserve Subdivision. 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. /s/ Rachel Ellison City Recorder/Assistant City Manager Published in the Times Independent, January 28 and February 4, 2010. R:\Notices\cup twin homes.docx 5-1 Page 9 of 54 City of Moab Planning and Zoning Department Inter -office Correspondence PL-Os-iso November 6, 2009 Memo To: Honorable Mayor and Members of Council From: City Staff Subject: Call for Public Hearing for the Approval of the Conditional Use Permit for Thirty -One Twin homes in The Preserve Subdivision as Submitted by Ben Byrd, and Referred to Council by the Planning Commission Background Mr. Byrd has submitted a preliminary plat for The Preserve Subdivision that was reviewed by the planning commission during a public hearing on November 12, 2009. The submitted plat indicated that there were thirty-one (31) lots set aside for twin homes and that eight (8) of these lots are located in Phase One of the development. Twin homes are conditional uses. The property is located in the R-2 Zone and the required lot size is an area of not less than seven thousand two hundred square feet for each one -family dwelling. For two-family dwellings, the building site must contain at least ten thousand square feet. The minimum width of any building site for a one -family dwelling or other buildings in the R-2 Zone is required to be seventy-five linear feet plus ten (10) additional linear feet for each additional dwelling. This measurement is taken twenty-five feet back from the front lot line of each lot. The Planning Commission reviewed this conditional use permit application at a regular meeting held on December 10, 2009, and through unanimous adoption of Planning Resolution 14-2009, recommend that Council approve the permit for this residential use. Two conditions were identified in the resolution: 1. A Party Wall Agreement shall be created for each twin home; 2. The dimensional requirements of the proposed lots in Phase One and all subsequent phases shall be met; 5-1 Page 10 of 54 City of Moab City Council Conditional Use permit- Twin Homes The Preserve Subdivision 01-05-2010 PL-10-00 Discussion Page 2 of 4 A "Conditional use" is generally defined as "a land use that, because of its unique characteristics or potential impact on the city, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate detrimental impacts. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. Conditional use permits may be approved for the uses indicated in the use regulations of the zoning district of the property for which the conditional use permit is requested." Twin homes fall under this defined category of conditional uses in the zones that allow them, and a review is required for this development. Code Chapter 17.09.630, Conditional use, states that Council and the planning commission may approve twin -home ownership as defined in Section 17.06.020 (definition of dwelling, two- family) of any two-family dwellings where two-family dwellings are a permitted use in a particular zone; such approval to be subject to such conditions as the planning commission may impose on the particular application for it. "Dwelling, two-family" is defined in 17.06.020 as, "...a building containing two separate dwelling units each of which is designed for or occupied by one family. A twin -home shall be a two- family attached or semi -attached dwelling, subdivided into two separately owned parcels of land underlying said twin -home, but with the requirement that each dwelling unit in said home share a common boundary pursuant to a party wall agreement." Requirements The specific requirements established in the code for this conditional use are that the dimensional requirements of the lot size and yards for the R-2 zone and a party wall agreement must be met. However, the code also specifically states that for twin homes, "approval may be subject to such conditions as the planning commission may impose on the particular application...." In addition, general review criteria for the approval of all conditional use applications is established in Code section 17.09.530, Conditional use permits, subsection H, and allows the city to establish conditions to satisfy these standards. "H. Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing conditional use permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application and that failure to meet one or more of the applicable criteria may be cause for denial. The applicant shall adequately demonstrate that the criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent 5-1 Page 11 of 54 City of Moab City Council Conditional Use permit- Twin Homes The Preserve Subdivision 01-05-2010 PL-10-00 Page 3 of 4 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. 9. After considering the public comment relating 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 for a conditional use permit. Approval or denial of the application by the city council shall be memorialized in the minutes of the meeting. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. 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." Subsection J also requires that conditional use permits will be held to the maximum density of Page 12 of 54 5-1 City of Moab City Council Conditional Use permit- Twin Homes The Preserve Subdivision 01-05-2010 PL-10-00 the underlying zone district. This proposal satisfies this standard. Page 4 of 4 Subsection K contains specific performance criteria establishing that any approved conditional use permit must be commenced within one year of the time the permit is issued. It also allows for an expiration of the permit if the permit holder has not commenced action under the permit within this period of time and that the holder must apply for a new permit. However, a one-time six-month extension may be granted by the planning commission for good cause shown. The permit holder must apply for the extension to the Zoning Administrator in writing before the expiration of the original permit and describe the cause for requesting the extension. Alternatives 1) Approve the permit as submitted; 2) Approve the permit with the conditions established by the Planning Commission or with additional conditions to satisfy provisions of the Code; 3) Table the application in order to satisfy any needs for additional information; 4) Deny approval of the proposed conditional use permit and state the reasons. p:\planning department\2010\correspondence \p1-10-005 cc twin home cup preserve.docz 5-1 Page 13 of 54 CITY OF MOAB PLANNING RESOLUTION NO. 14-2009 A RESOLUTION CONDITIONALLY APPROVING THE CONDITIONAL USE PERMIT FOR THIRTY- ONE TWIN HOMES TO BE LOCATED IN THE PRESERVE SUBDIVISION ON PROPERTY LOCATED IN THE R-2 ZONING DISTRICT WHEREAS, Dennis and Patricia Byrd, 826 Colorado Avenue, Moab, Utah, 84532 as the owners of record ("Owners") of an 18.6-acre tract have applied through their agent, Ben Byrd, Rainbow Lane, Moab, Utah 84532, for an 85-lot subdivision of the tract located in the R-2 zoning; and, WHEREAS, the Owners have expressed a desire to construct twin homes on specified lots located throughout the proposed subdivision; and, WHEREAS, this type of housing is a conditional use in the R-2 Zone according to Code Chapter 17.45.020; WHEREAS, the applicant applied for a conditional use permit to construct said twin homes and provided the City of Moab with the necessary documents, plans and drawings to complete the application for the conditional use permit application; and, WHEREAS, the City of Moab Planning Commission ("Commission") held a duly advertised public hearing to review the proposal and receive testimony against and/or in favor of the proposal on December 10, 2009,; and, WHEREAS, the proposed lots exceed the minimum required lot size for detached single family residences of seven thousand two -hundred (7,200) square feet for the R-2 Residential Zone as described in Chapter 17.45.030 of the Moab Municipal Code and the lot size requirement of ten thousand (10,000) square feet for attached single-family dwellings ("twin homes"); and, WHEREAS, the Commission, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the conditional use, have found that the specific requirements of the Moab Municipal Code for construction of the proposed twin homes in the R-2 Zone have or can be met. NOW, THEREFORE, be it resolved by the Moab Planning Commission of the City of Moab, Utah, that adoption of Resolution No. 14-2009 conditionally approves 31 lots for construction of twin homes with the following requirements. 1. A Party Wall Agreement shall be created for each twin home; 2. The dimensional requirements of the proposed lots in Phase One and all subsequent phases shall be met; Kara Dohrenwend Date Chair p:\planning department \2009\resolutions\pc\I4-20095 -1 Page 14 of 54 CITY OF MOAB CONDITIONAL USE PERMIT APPLICATION FORM MUST BE COMPLETED IN INK DATE STAMP TO BE FILLED OUT BY APPLICANT PROJECT NAME (if any): 4h e Ae, s er ✓e FOR CITY USE ONLY PROJECT STREET ADDRESS � � ry OR ACCESS STREET: 3-00 Gt/ (AS+ O RECEIVED FOR CITY USE ONLY APPLICATION NUMBER: � d fir', O t{. k OP DATE RECEIVED: APPLICATION FEE: $200.00 �jiI i OF MOAB T TREASURER'S RECEIPT NUMBER: All applications are subject to review by city staff for completeness. Staff will notify the applicant of deficiencies or completeness within fifteen days. I. PRE -APPLICATION CONFERENCE. Prior to the filing of a Conditional Use Permit application, the Applicant shall meet with the Planning Department to become acquainted with the requirements of the City. At such meeting, the application contents, referral agencies, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the Applicant may be represented by a land planner, engineer, architect or surveyor. II. TYPE OF CONDITIONAL USE ❑ Carport Side Setback ❑ Moved Building ❑ Secondary Dwelling ❑ Small Lot ❑ Public Utility Facilities ❑ Bed and Breakfast ❑ C-4 Dwellings Twin Home ❑ Wireless Telecommunications Facility ❑ Drive -up Window for Financial Institution in Cl ❑ Historic Home Expansion in C3 ❑ Factory Built Home Sales in C4 II. APPLICANT Please check one of the following: owner agent other Name: ell ,rai E J� Pf i n i-) 0 LA ) lir Mailing Address: 1)4 (04h t)-r- Phone #: Fax #: III. GENERAL INFORMATION Property Address/Location SCE O (i(3&S Existing Zone E-mail Detailed Explanation of Proposed Use ‘ AD of ; a 3 f)!\ e 0A tO f," i r cr -�a�,,t1 CT -.uo, A home /�s , J5-1 CITY OF MOAB CONDITIONAL USE PERMIT APPLICATION FORM MUST BE COMPLETED IN INK This is to certify that I am making an application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am a party whom the City should contact regarding any matter pertaining to this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I understand that my application is not deemed complete until City Staff has reviewed the application and has notified me that it has been deemed complete. Signature of Applicant: Date /0/ g/ n q Name of Applicant (please print) ge./1 y rai AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. Name of Applicant (please print) %3 �/1 g Lira! Mailing Address 8S3 Pa fnh©uU /1/10,5k Signature Date SUBMITTAL REQUIREMENTS AND APPLICANT RESPONSIBILITIES At least thirty (30) days prior to the review meeting the Applicant shall file a complete application that shall include a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property. The application provided by the Planning Department shall also be accompanied by or show the following information: A narrative describing the project which demonstrates that the criteria for the Conditional Use Permit have been met. A site plan is required with each application. The level of detail required on the site plan will be determined at the pre -application meeting based on the proposed use. The street address and legal description of the property affected. Any and all plans, information, operating data and expert evaluation necessary to clearly explain the location, function and characteristics of any building or proposed use. A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the City Council. Stamped envelopes addressed to all adjacent property owners within three hur 5 the subject property boundary lines. (No return address please) Any supplemental requirements applicable for the requested conditional use p Page 16 of 54 -1 DLO 0 PHASE .? MP sr 0Pp0°' MUT MX ai. r i PHASE E Nssr€ TO g»,. v n8 a a as v 5 9 B t MOAB 31 s- n18- 44 _ «5 CITY a a� vwa a SEWER, MAIN Y�`_ '< �J{ SIL n 1 Fjyy: t 6A sr 3, C E^� E p{gyp PHASE 5 10 CITY OF MOAB PHASE 4 56 ILAS SF 123 sloe 0- = AiSts wM 1111 a a, 05,0' 49 "I RT PHASE 48B 1:4 522 v LEGEND k A Awxu IR1x r 'BYRD AVENUE' ,.„ k Ear J RR TRACT v / P�OER 4, GOVERNMENT WAXER. FOUND. O SEVER NANNELE EXISTING WATER LINE EXISTING SEWER LINE PROPOSED WATER LINE f PROPOSED SEWER LINE EXISTING PP CONTOUR EXISTING E• CONTOUR T,T FIRE HYDRANT GRAPHIC SCALE 1 W: a'M1 2A 28 TYP. LOT CONFIGURATION wax Mart anl' TRACT v I n 1-1 i m' S9' �zrzx �s n f 9x rar Wx ASPHALT AR�BORRRAOSE W COURSE GRANULTYPICAL BYRD AVENUE ROAD SECTION DO• E. S .% GROUND --00EATE: EASE CwaSE <Ea cu.a s�6,-ER YP- 3.41. 4 —I 5' tfi' TB' LNG GROUND u zx zx z I rT CONC SDEAALX UNHOT TED ASPHALTUNTREATED EASE 'COURSE E UNTREATED BASECOURSE GRANULAR BORROW TYPICAL OTHER ROAD SECTON `aRe A Du -ER (TYP BOTH S.CES) A PRELIMINARY PLAT OF THE PRESIZI P ' AS'UB11IVSION A RESIDENTIAL SUBDIASION WITHIN SECTION 35, T 25 S, R 21 EE, SLM, GRAND COUNTY, UTAH NOTES:' 2,1 +rro A. I9 m ATOOOF T ur[ PAM „IC; SOT ��SiSx AN[. nN SS OfYNER / DEVELOPER BEN BYRE 559 R /NBOR DRT7E ✓GAB, OTAB 6'4592 259-9785 PREPARED BY 1(2-06W LAND SORT/El/LW 0 45 EAST CENTER STREET AlOAR,, NTAN 84532 DATE: AUGUST E1, 2009 r oast B-19-09..1 CRA. BY CNEO BY: B. Page 17 of 54 CITY OF MOAB PUBLIC HEARING PROPOSED ORDINANCE #2010-01 The City of Moab will hold a Public Hearing on Tuesday, February 9, 2010 at approximately 7:30 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input on Proposed Ordinance #2010-01 — An Ordinance Amending the City of Moab Land Use Code Chapter 17.55, Hillside Developments as Applied in all Zones. 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. /s/ Rachel Ellison City Recorder/Assistant City Manager Published in the Times Independent, January 28 and February 4, 2010. RANotices\ph ord 2010-01.docx 5-2 Page 18 of 54 City of Moab Planning and Zoning Department Correspondence December 16, 2009 Memo To: Honorable Mayor and Members of the City Council From: Planning Staff Subject: Call for Public Hearing for Proposed Ordinance #2010-01 Amending Title 17.00, Zoning, Chapter 17.55, Hillside Developments by Providing Exemptions for Government Projects as Referred to Council by the Planning Commission Background It has been recognized by staff that future projects may be in violation of Moab Code Chapter 17.55, Hillside Development. These include, but are not limited to water tanks, flood control measures, and transportation projects. The attached ordinance provides an amendment to Chapter 17.55 to include a review by city staff prior to a review by Council for government projects consisting of transportation, and other utility and public works projects. It expands the authority of Council to grant exemptions to the development requirements when necessary and streamlines the process for a review by staff and Council. The Planning Commission reviewed numerous changes during a series of public meetings that began on June 25, 2009 and culminated in a public hearing on September 10, 2009. Additional amendments to the ordinance were drafted and the commission voted 5-0 on December 10, 2009, to recommend that Council approve the changes to the Code. Discussion The changes are being proposed by city staff as an effort to clarify some of the requirements of the current language in the code and allow an abbreviated time period for approval of the types of projects mentioned above. The attached ordinance, as shaped by the Planning Commission in five meetings, contains the many changes that were discussed. Other minor changes that have been incorporated into the new text include: Chapter 17.55.060 subsection B, currently states that Council issues a grading permit to the applicant. This is incorrect, and has been amended to read that a grading permit must be obtained from city staff subsequent to the approval by council of the hillside development permit. 5-2 Page 19 of 54 Moab Council PL-09-161 Ordinance 2010-01 Hillside Regulations December 16, 2009 page 2 of 2 Chapter 17.55.090, subsection B is amended to reference the definition of building height in Chapter 17.55.020, Definitions. For clarity, the antiquated term "adjunct" in the definitions of "Major development' and "Minor development" in Chapter 17.55.020, Definitions, will be replaced with the contemporary term, "related". Process Chapter 17.04.080 requires that a text amendment of the code be reviewed through a public hearing before the Planning Commission. While the ordinance was discussed over five meetings, the final hearing on this ordinance was during the regularly scheduled meeting on December 10, 2009. The decision to recommend to Council to approve the ordinance was made by the Commission in a 5-0 vote. Chapter 17.04.100 provides that the Council may elect to hold a public hearing but it is not a requirement of the code. Recommendation Staff recommends that these amendments be adopted. In addition to clarifying specific code provisions, the added criteria for exemptions will ensure that the goals of the hillside regulations are upheld and still provide a more rapid review for approval of needed projects. Alternatives In its action, Council can: 1) Approve Ordinance #2010-01 as recommended by the Planning Commission; 2) A approve Ordinance #2010-01 with any changes necessary to satisfy provisions of the Code or address concerns; 3) Table the application in order to satisfy needs for additional information. p:\planning department \2009\correspondence \p1-09-161 hillside regulations amendment.docx 5-2 Page 20 of 54 ORDINANCE # 2010-01 AN ORDINANCE AMENDING THE CITY OF MOAB LAND USE CODE CHAPTER 17.55, HILLSIDE DEVELOPMENTS AS APPLIED IN ALL ZONES WHEREAS, the City of Moab General Plan ("General Plan") was adopted by the Moab City Council on January 8, 2002, with Resolution # 01-2002, to serve as the guide for land development decisions; and WHEREAS, Titles 15, Buildings and Construction, 16, Subdivisions, and Title 17, Zoning, of the Moab Municipal Code were adopted to implement the General Plan with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city; and WHEREAS, the City of Moab ("City) from time to time has found it necessary to amend the Code to provide contemporary planning concepts and terminology and to correct language that is outdated or was adopted in error in an effort to make the code more usable by the general public for development within the incorporated city limits; and WHEREAS, City Staff has identified issues with the adopted code that must be addressed by this amendment of Chapter 17.55, Hillside Developments; and, WHEREAS, the City of Moab Planning Commission (the "Commission") reviewed ordinance #2010-01 (formerly #2009-11) during a public hearing held on September 10, 2009, and subsequently recommended to Council on December 10, 2009, adoption of said ordinance; and WHEREAS, due notice was given that the Moab City Council ("Council") would meet to hear and consider this ordinance on , 2010, to decide the merits of the proposed amendments; and WHEREAS, the City Council has heard and considered all evidence and testimony presented with respect to the changes and has determined, subsequent to said public hearing that the adoption of this ordinance is in the best interests of the citizens of the City of Moab, Utah. NOW, THEREFORE BE IT ORDAINED BY THE MOAB CITY COUNCIL THAT Title 17, specifically, Chapter 17.55, Hillside Developments, is hereby amended to read as follows: Chapter 17.55.060 subsection B is hereby repealed and replaced with the following language to read: B. All minor development on slopes greater than fifteen (15) percent shall first be reviewed by the Moab Planning Commission. The planning commission shall then make a recommendation to the city council for review and approval. Prior to any excavation or construction activity, a grading permit must be obtained from city staff. AND, FURTHERMORE, Chapter 17.55.060, Hillside development permit required, shall be repealed and replaced with: 17.55.060 Hillside development permit required. 5-2 Page 21 of 54 A. All major development on slopes in excess of fifteen percent shall require a hillside development permit granted by the city council prior to any excavation or construction activity. The planning commission shall first review proposed development and make a recommendation to the city council. B. All minor development on slopes greater than fifteen percent shall require a hillside development permit granted by the city council prior to any excavation or construction activity. The planning commission shall first review the proposed development and make a recommendation to the city council. C. Government Exemptions. Exemptions to this chapter may be granted to government agencies under the following guidelines. Proposed development by the City of Moab and other government agencies, are required to submit the appropriate documentation as established in Chapter 17.55.070. The application shall be submitted to city staff for review and recommendation to the City Council. Subsequent to review of the proposed project by staff, City Council shall evaluate the project at the next available meeting. In granting an exemption, the City Council may prescribe appropriate reasonable conditions and safeguards to ensure compliance with the requirements of the Moab land development regulations. Exemptions apply to necessary development of various public works and community development projects including, but are not limited to, flood control structures such as dams and retaining walls, water tanks and water conveyance systems, and structures such as bridges, parking areas, and roadways for transportation projects. In the application of this section, Council shall have the authority to grant exemptions to any of the requirements of this chapter by applying the following review criteria. 1) The establishment, maintenance or operation of the proposed special exception is not detrimental or injurious to the use and enjoyment of existing uses on adjacent properties; 2) The establishment, maintenance or operation of the proposed special exception use or structure will not cause traffic hazards in the vicinity; 3) Adequate provision is made for surface water drainage, ingress and egress to the property, and off-street parking; 4) Adequate public facilities and services are available for the proposed special exception use or structure; 5) The application meets all special requirements as detailed within the zoning ordinance for the specific special exception if any apply; 6) The use will not be detrimental to the public health, safety or welfare; 7) The location, nature and height of each building, wall and fence, the nature and extent of landscaping on the site and the location, size, nature, and intensity of each phase of the use and its access streets will be compatible with the appropriate and orderly development of the district in which it is located; 8) The proposed use will not conflict with an existing or programmed public facility, public service, school, or road; 9) The proposed use has the written recommendations and comments of the Public Works and Engineering Departments; 10) The applicant has presented sufficient evidence of public need for the use. D. Permit approval under this section shall not be required for preliminary plats that have been approved by the city council prior to the adoption of the ordinance codified in this chapter. E. Upon review of a permit application for either major or minor development the planning commission may, in addition to recommending approval or denial of the application, Ordinance #2010-01 5-2 Page 22 of 54 submit to the city council recommendations as to conditions to be attached to the permit to mitigate specific adverse impacts associated with the application. F. The city council may approve the application as submitted; approve subject to conditions; or deny the permit in full where the development does not meet the standards of this chapter or other provisions of the Municipal Code. AND, Chapter 17.55.090, subsection B is hereby repealed and amended to read: B. All buildings constructed upon lands subject to this chapter shall be one story only, or twenty feet maximum, in height. Height shall be measured as described in Chapter 17.55.020, Definitions. AND, FURTHER THAT the term "adjunct" in the definitions of "Major development" and "Minor development" in Chapter 17.55.020, Definitions, shall be replaced with the term "related". IN EFFECT IMMEDIATELY UPON PASSAGE. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2010. ATTEST: Rachel Ellison, Recorder Ordinance #2010-01 SIGNED: David L. Sakrison, Mayor 5-2 Page 23 of 54 CITY OF MOAB PUBLIC HEARING PROPOSED ORDINANCE #2010-02 The City of Moab will hold a Public Hearing on Tuesday, February 9, 2010 at approximately 7:30 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input on Proposed Ordinance #2010-02 — An Ordinance Amending Title 10. Vehicles and Traffic, Specifically Chapter 10.04, Vehicle Code, and more Specifically, Chapter 10.04.230, Unlawful Parking -Vehicles Left Standing for more than Forty -Eight Hours and Overnight Camping in Vehicles. 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. /s/ Rachel Ellison City Recorder/Assistant City Manager Published in the Times Independent, January 28 and February 4, 2010. RANotices\ph ord 2010-02.docx 5-3 Page 24 of 54 City of Moab Planning and Zoning Department Correspondence PL-10-018 February 1, 2010 Memo To: Honorable Mayor and Members of the City Council From: Planning Staff Subject: Public Hearing for Proposed Ordinance #2010-02 Amending Chapter 10.04.230, Unlawful parking -Vehicles left standing for more than forty-eight hours and overnight camping in vehicles, as Referred to Council by City Staff Discussion As noted in a previous memo to Council, this amendment of Title 10, Chapter 10.04.230 will provide additional tools to the police department for the enforcement of parking violations. The proposed changes deal with repeat offenders and reduce the time allowed for parking trailers on the public right-of-way. The new regulations are intended to bring about a reduction in the blight appearance of some of these publically stored trailers and increase traffic safety. In addition, employees of the public works department will realize an increase in their productivity for snow and debris removal. These changes to the code will allow the police department more latitude when answering complaint calls for this violation especially when dealing with repeat offenders. The changes include updated definitions for face block, inoperative vehicle, and recreational vehicle that includes travel trailer, pick-up coach, motor home, camping trailer, and utility recreation trailer; This recurring problem takes place mostly in residential areas and leads to storing of trailers on narrower streets for very long periods of time. The current language of Code Chapter 10.04.230 provides the police department with inadequate enforcement tools. This amendment will not create a mountain of impounded vehicles because it is intended to be a complaint -driven enforcement. By reducing the perpetual "unloading" time of these types of trailers, the use of the public right-of-way will become more public and become more accessible to everyone who lives in and visits the residents of any specific block. The four-hour time period was used as an initial reference to invite discussion. The time limit for parking and unloading could be changed to a limit of eight (8) or even twelve (12) hours but it has been reported that 48 hours is just too long. 5-3 Page 25 of 54 Moab Council PL-10-018 Ordinance 2010-02 Parking regulations February 1, 2010 Recommendation page 2 of 2 Staff recommends that this amendment to the traffic code be adopted. In addition to clarifying and updating this specific code section, the reduction in the allowed time to park and unload such vehicles on the street and additional enforcement tools will aid in maintaining streets that are cleaner and safer. Alternatives In its action, Council can: 1) Approve Ordinance #2010-02 as written; 2) Approve Ordinance #2010-02 with any changes necessary to satisfy provisions of the Code or address concerns; 3) Table the ordinance in order to satisfy needs for additional information. p:\planning department\ 201Ihcorrespondence\p1-010-018 cc memo trailer parkign.docx 5-3 Page 26 of 54 CITY OF MOAB ORDINANCE # 2010-02 AN ORDINANCE AMENDING TITLE 10. VEHICLES AND TRAFFIC, SPECIFICALLY CHAPTER 10.04, VEHICLE CODE, AND MORE SPECIFICALLY, CHAPTER 10.04.230, UNLAWFUL PARKING -VEHICLES LEFT STANDING FOR MORE THAN FORTY-EIGHT HOURS AND OVERNIGHT CAMPING IN VEHICLES. WHEREAS, the Vehicle Code was adopted to provide a codified reference of all regulations established by the Moab City Council relating to the operation and parking of motor vehicles and other motorized or non motorized transportation vehicles and devices operated within the jurisdiction of Moab City. The regulations contained within the code are intended to provide for the safe and orderly movement of vehicle and pedestrian traffic on and about public streets, alleys, and easements; and, WHEREAS, historically, local law enforcement of traffic violations has been effectuated through ordinances that basically set out provisions of the Municipal Code, the state statute known as the Utah Vehicle Code (UVC) or through adoption by reference of the rules and procedures promulgated by the Uniform Traffic Code (UTC); and, WHEREAS, the City of Moab has seen an increase in the number of recreational vehicles, boats, and utility trailers parked on neighborhood streets that are now used as storage for such large items; and, WHEREAS, these vehicles often remain for extended periods of time and are moved only when a complaint is registered; and, WHEREAS, the City Council ("Council") of the City of Moab finds that long term parking of inoperative and unattended vehicles and detached trailers is a nuisance in neighborhoods, by impeding the cleaning of streets, adding trash to the neighborhoods, and hindering traffic safety within the corporate limits of the City of Moab; and, WHEREAS, the intent of this ordinance is to reduce the impacts from parking certain recreational vehicles, unattached trailers, and other vehicles on City of Moab rights -of -way for the purposes of storage; and, WHEREAS, this ordinance will improve traffic safety by decreasing congestion on public streets and increase the visual aesthetics of neighborhoods; and, WHEREAS, Council, in accordance with the ordinances of the City of Moab and Utah State Law, has given the required notices and held the required public hearing regarding this amendment of the Land Use Code on , , 2010; and, WHEREAS, this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the ordinances of the City of Moab and it is accordingly so ordained; and, 5-3 Page 27 of 54 Draft DrkMOB 2009 November 17, 2009 Page 2 of 3 WHEREAS, the Council finds that it is in the public interest to amend the code in an effort to protect the character of neighborhoods, and increase traffic safety and decrease neighborhood blight by curtailing the use of neighborhood streets as storage facilities for various vehicles and trailers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB pursuant to Utah Code Annotated section 10-8-84, and UCA 41that, Title 10.0, Vehicles and Traffic, Code Chapter 10.04, Vehicle Code, Section 10.04.230, Unlawful parking, is repealed and amended with the adoption of the following new language: "10.04.230 Unlawful parking -Vehicles left standing for more than forty-eight hours and overnight camping in vehicles. A. It is an infraction for any person, company, or corporation to park or to cause to park or leave standing any inoperative vehicle, truck, recreation vehicle, or trailer on any public road, street, alley or municipal property any motor vehicle except for loading or unloading of equipment. In no instance shall the vehicle be parked for a period of time that will exceed four (4) consecutive hours. Any vehicle so parked or left standing may be fined, impounded or removed by any regularly employed and salaried officer of the police department of the City of Moab. B. It is unlawful to park any vehicle or motor home on a public road, street, alley, or lot, other than designated recreational vehicle parks, for human habitation or overnight camping. Any vehicle or mobile motor home so parked or left standing may be fined, impounded or removed by a peace officer or designated official. C. For purposes of impoundment and removal, an officer may, after making a reasonable effort to locate the owner, may impound and remove any motor vehicle which has been unmoved for four (4) consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. D. The presence of any motor vehicle on any street when standing or parked in violation of this chapter of the code is prima facie evidence that the registered owner or lessee of such vehicle parked the same, or that the driver was acting as the agent of the owner or lessee. E. No vehicle or trailer that has been involved in a violation of this section shall be relocated on the street for a period of not less than 10 months and shall not be relocated within one face block of the previous location. F. A second offense at any time subsequent to the initial violation constitutes a repeat offense. Repeat offenders shall be prosecuted under Moab Code Chapter 10.04.250. AND, FURTHER THAT the following terms shall be included in Chapter 10.04.020, Definitions, to read: "Face block" is a section of street including both sides of the pavement that extends from one corner to a subsequent corner of an intersecting street. "Inoperative vehicle" is defined as any vehicle that is unlicensed or unregistered, and/or is unable to be operated because of needed mechanical or other physical repairs. Ordinance #2010-02 Page 2 of 3 5-3 Page 28 of 54 Draft Ordinance 2009 November 17, 2009 Page 3 of 3 "Recreational vehicle" means any of the following: 1. "Travel Trailer" a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "Travel Trailer" by the manufacturer of the trailer. 2. "Pick-up Coach" a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 3. "Motor Home" a portable, temporary building to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. 4. "Camping Trailer" a folding structure, mounted on wheels and designed for travel, recreation and vacation uses. 5. "Utility recreation trailer" is a trailer towed behind a vehicle that may or may not be designed to provide temporary quarters for eating and sleeping but is primarily utilized to transport recreation equipment such as OHVs, and motorcycles of every type, supplies, or boats, rafts, four wheel drive vehicles, and snowmobiles. EXISTING TEXT: 10.04.230 Unlawful parking -Vehicles left standing for more than forty-eight hours and overnight camping in vehicles. A. It is an infraction for any person to park or leave standing on any public road, street, alley or municipal property any motor vehicle for forty-eight or more consecutive hours, and any vehicle so parked or left standing may be fined, impounded or removed by the a peace officer or designated official. For purposes of impoundment and removal, a peace officer or designated official may, after making a reasonable effort to locate the owner, impound and remove any motor vehicle which has been unmoved for forty-eight consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. B. It is unlawful to park any vehicle or mobile home on a public road, street, alley, or lot (other than designated recreational vehicle parks) for human habitation or overnight camping. Any vehicle or mobile home so parked or left standing may be fined, impounded or removed by a peace officer or designated official. For purposes of impoundment and removal, a peace officer or designated official may, after making a reasonable effort to locate the owner, impound and remove any motor vehicle which has been unmoved for forty-eight consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. Ordinance #2010-02 Page 3 of 3 5-3 Page 29 of 54 RESOLUTION # 05-2010 A RESOLUTION AMENDING THE FISCAL YEAR 2009/2010 BUDGET WHEREAS, the City of Moab has proposed to amend the 2009/2010 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2009/2010 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2009/2010 Budget Amended Amended Revenue Expenditures 1. General Fund $ 6,675,604 $ 6,675,604 2. Recreation Fund $ 400,942 $ 400,942 3. Capital Projects Fund $10,306,370 $ 10,306,370 4. Storm Water Utility Fund $ 320,000 $ 320,000 2009/2010 Fiscal Year Budget Amendments FUNDS REVENUES EXPENDITURES GENERAL FUND $300,961 $300,961 EXPENSES Treasurer — Bank Handling Charges 10-420-36 $3, 900 Police — Machinery & Equipment 10-421-77 ($36, 417) Building Inspection — Prof & Tech 10-424-31 $10, 000 Highways — Machinery & Equipment 10-440-74 ($104, 098) Sanitation — Prof & Tech 10-442-31 $5, 000 Film Commission — Machinery & Equip 10-428-74 ($6,180) Debt Service — Cap. Lease Principal 10-471-11 $404, 621 Debt Service — Cap. Lease Interest 10-471-12 $24,135 REVENUES Proceeds from Long Term Debt 10-36-160 $295,961 Garbage Billing/Collection 10-34-200 $5, 000 RECREATION FUND $24,110 $24,110 EXPENSES Youth Baseball/Softball 23-671-74 $1, 610 MARC — Salaries & Wages 23-800-10 $8, 500 MARC— Special Events 23-800-77 $11,500 MARC —Special Projects 23-800-78 $2, 500 Resolution #05-2010 Page 1 of 2 Page 30 of 54 REVENUES Youth Baseball/Softball 23-34-566 $1,610 MARC— Grants and Donations 23-66-210 $1,300 MARC — Special Event Fees 23-66-372 $18, 700 Recreation Beg. Fund Balance 23-39-535 $2,500 CAPITAL PROJECTS FUND $325,000 $325,000 EXPENSES Streets/Spec. Projects Concrete 41-440-72 $210, 000 Aquatic Center Project 41-470-70 $115, 000 REVENUES Contribution from Rec. Dist. 41-36-236 $115, 000 Beginning Fund Balance 41-39-561 $210, 000 STORM WATER UTILITY FUND $190,000 $190,000 EXPENSES Special Projects 53-400-75 $190,000 REVENUES W/S Beg. Fund Balance 53-39-535 $190,000 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 24t day of February, A.D., 2009. David L. Sakrison Mayor ATTEST: Rachel Ellison City of Moab Resolution #05-2010 Page 2 of Page 31 of 54 DATE PAID: AMOUNT PAID: RECEIPT NO.: S0 d� \V k_eck CM OF MOAB SPECIAL EVENT LICENSE APPUCATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259.5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80.00 LICENSE #: ZONE: NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED (IF ANY): roof.' If\ f ves- f i D(ibond Luna taraM2C,SQZ1b- Moab L .414 6)_C . K d.A. -eA / c5cctoo ( 11/16A C Pec., 1V /A- gV44 DATE(S) AND TIME(S) OF EVENT: FCAD , 12 4- 13 iv\GLrGJA V`AArcin. 1 cf- Zc7, Marc-t t- 2G Z A,pf^v ANTICIPATED # OF EVENT PARTICIPANTS: ') D0 4-- or G 0 +01Po pef p EVENT SPONSOR'S NAME: SPONSOR'S ADDRESS: k7d l d IA-17dz4' gel/e /r_: PHONE: SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: CITY: I, ICJ STATE: Lk-±. ZIP: (f---1.r`fe 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. I/WE �Yle��j B• ASE RINT NAME CITY SPECIAL EVENTLICENSEREGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPONSOR. v HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB - 2 s- &lb pna re of SponsLate State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this _ day of‹.-0--hk-Ackr ') O \Q SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! 6-2 Page 32 of 54 CITY OF MOAB M(3AB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84632 PHONE: (435) 259-5121 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING:X��j��{ N MOAB CITY CODE: f SIGN PERMIT: T"5oD I op MOVED -ON NECESSARY: in 174 NO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES NO REVIEWED BY ZONING \ ADMINISTRATOR: DATE: 0 ��✓ 16 NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: ,_5-/hGi(ey 1.7 - fiGcu S 60x- (f PHONE: CITY: 'Moab l oab STATE: u r ZIP: kyS3 Z BUSINESS NAME: BUSINESS LOCATION: C o 'Nag I 5 Ve; l lex bail A-sfoe� edi t j ZONE: A/ A- c-2) f DETAILED DESCRIPTION OF BUSINESS ACTIVITY: .)aft Voije I J )1-t- aki d N S+ 5-la t Afin xz/1 -fourt30 71e/7i-1Y . 4- 6-2 Page 33 of 54 DATE PAID: AMOUNT PAID: RECEIPT NO.: Ct' my OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET Mom, U rAH 84532 (435) 259-5121 / FAX (435) 259-4135 P�.EASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80.00 PLUS (CHECK ONE): ❑ TRANSIENT WO): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: \ NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: CAtiriLwis Mina} hors arc Rmre. Mile (Zan l 3.1- a,Nd 5-mile rebel faces Cel+, 54. Gym) Park. I�MTv► c /M) j � IZ8, c5Wann _Ci+7 � (incillQV1i 'tk ilia {�►t'Z,�►+(1 (P`�N� TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: /' aral 19 —20) 20 l a I-2w ahal 6 4M-- iCQM ANTICIPATED # OF EVENT PARTICIPANTS: 47 Od NUMBER OF VENDORS PARTICIPATING: �l S--LO TYPES OF VENDORS PARTICIPATING IN EVENT: Allele- wea r/ itCaKh prodiu�t. simjkSS,e5 , EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARCES, BOO T ti FEES, RENTAL CrIARGES, ETC.): ei4fry fee) .2Gelli re►im EVENT SPONSOR'S NAME: SPONSOR'S ADDRESS: M aaJ2 % N1 oral flan, P b. 130 743 SPONSOR'S DRIVER LICENSE NUMBER He STATE OR O I;ER P POGr OP ' D.:: 1 SPONSOR'S SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: O PROPRIETORSHIP CI PARTNERSHIP g CORPORATION CIOTHER (SDEC:. ): EVENT SPONSOR'S SALES TAX ID #: NAME RI- GISTFRED WITH THE STATE F .;', TAX ID: PHONE: *35; 2S3), ZS— STATE: 07- ZIP: 81-5 3 Z DATE OF BIRTH: Nitxcb HAl f ,Mara a!,� Inc • THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOI IT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. I/WE t~\0443 flank �r(fhit ') M SE PRINT NAMES / '"7BY AGREE T ; Cc; U• ' SAID BLISINE3S STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FOP.TH IN THE I1.10AB CITY CODS., ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS UE. UWE: UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND A�eA)JT (SPONSa ). INVE A E TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. 5 ld Signature of Sponsor e ) County of Grand ) -Vh 5 SUBCRIBED AND SWORN to before me this , day of--Z-0,--r State of Utah SS SEE BACK O 6-3 Page 34 of 54 " 9 C I T Y O F M O A B B U S I N E S S L I C E N S E C O M P L I A N C E F O ~ i i 2 1 7 E C E N T E R S T R E E T M O A B , U T 8 4 5 3 2 P H O N E : ( 4 3 5 ) 4 6 u - 5 1 L 1 F A X : { 4 3 5 ) 2 5 t - 4 1 3 5 N A M E O F A P P U C A N T : A P P U C A N T ' S M A I L I N G A D D R E S S : ��7 K m l a 1 3 l t s c h k e _ 0 . E a ( 7 4 3 B U S I N E S S N A M E : * l a t h t u r f M 4 6 . 1 B U S I N E S S L O C A T I O N : 3 6 . S . W O , e . Z O N E : C Z D E T A I L E D D E S C R I P T I O N O F B U S I N E S S A C T I V I T Y : F O R Z O N I N G O F F I C E U S E O N L Y P A R / C R A G : e X I e l - I N e i A T M U . W V ' I I R O A S C I T Y C O D E : f % S I G N P E R M I T : P F A U f 1 2 6 V P R O V E D - C / N N E C E S S A R Y : Q' Y E S t i t N O C I T Y : M V Q l e a � o l a n i 7 . 0 1 1 7 6 " t i R E Q U I R E S P L A N N I N G C O M M I S S I O N A P P R O V A L Q' Y E S t O N o R E V I E W E D S Y Z O N I N G A D M I N I S T R A T O R : P H O N E D A T E : 0 t " 1 9 ) 1 . 0 S T A T E : o r Z I P : B � 5 3 Z 6 - 3 P a g e 3 5 o f 5 4 Moat) Half Marathon P.O. Box743 Moab, CAT 84532 Moab City Council 417 E Center St Moab, UT 84532 January 12, 2010 To City Council Members, On behalf of the Moab Half Marathon, Inc., I am requesting use of Swanny Park on March 19, 2010 from 12-6 pm and March 20, 2010 from 6:00 am until 5:00 pm for the 35th Annual Canyonlands Half Marathon and Five Mile Run. We will have refreshments and a handful of vendors selling or giving away product. We will divert traffic on 400 N at 3:00 pm on Friday, March 19 to set up the finish line area. We will work with Moab City Safety staff to setup this lane shift. Sincerely, � 1 1 2----� Ranna Bieschke Race Director, Moab Half Marathon 6-4 +55-259-9-525 +55-259-3+56 (fax) Page 36 cf-1514@citlink.net www.moakkalfmaratkon.ore INTEROFFICE MEMORANDUM TO: MAYOR, CITY COUNCIL FROM: KEN DENNEY, STREETS SUPT. SUBJECT: CRACKSEAL PROJECT DATE: 1 / 28/ 2010 It is my recommendation that we accept Superior Asphalt's bid for the 2010 Crack seal project; their bid was $32,688.00, we budgeted $40,000.00, the other bids came in as follows: Hot Asphalt Services $ 32,952.24 Bonneville Asphalt $ 34,800.00 Holbrook Asphalt $ 35,160.00' Precision Asphalt Maint. $ 36,000.00 Ridge Rock $ 42,000.00 Pavement Maintenance $ 42,360.00 Kilgore Paving $ 42,720.00 Intermountain Slurry $ 49,440.00 M & M Asphalt $ 55,920.00 Thank you, Ken Denney 6-5 Page 37 of 54 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2010 Crack Seal Project Bid Opening January 22, 2010 Name %.e_s i s i e/v1 A-s e.PAcii,1- Alm -;{,. 310, d 6-z_ ‘ _ lt. 3S, I It O 1/4-4-0Roza ti-, A- 10.p vcd2A' A-s- 4. 3 2, L2(S �avirvi,vaf..e_ A-spirLaa_..i- 4 _ 3V. 93o-0 _ t ,Q/latUN ►eln.o S2wv1J �/e-.P 1 49, 4z40 �id� o� a 14-a16-oz) VI 4 l cyaNr`e" Va v 1•-.D 4' `--, 1 %a1 O H--0-1- 4 3, 9' S ), , 2 y 1�n Se;`) v <.e..).-- ,k .e_E- < --Pa.‘JnL.a.0 IAP-uvt oviet c e- SA/ C . Ilt , 1.+ a 3 (d e) , Present at Bid Opening: a e ac.k.e_A Q, l savi Q6la-rk ilv7/ 4/Z4 }/4 ,r 1 /22/2010 �turlau,p Cftf.\ K�.✓.,.6,11. 14 Jr 3 tO P a 6-5 Page 38 of 54 City of Moab Recorder's Office CONSTRUCTION CONTRACT This CONTRACT is made and entered into this 9`h day of February, 2010, by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the Contract Documents referred to as the "City" and Superior Asphalt herein referred to as the "Contractor". WITNESSETH: WHEREAS, the City advertised that sealed Bids would be received for furnishing all labor, tool, supplies, equipment, materials and everything necessary and required for the Project described by the Contract Documents and known as 2010 Crack Sealant Project; and WHEREAS, the Contract has been awarded to the above named Contractor by the City, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the Contract Documents. NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows: ARTICLE 1 Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Bid specifications for the Project; b. official design prints and specifications furnished by or to the Contractor and approved by the City; c. change orders, approved written instructions, and written contract amendments; and d. Performance and other bonds. e. General and Supplementary Conditions. f. Notice of Award 2010 Crack Sealant Project CC 6-6 Page 39 of 54 ARTICLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract and other portions of the Contract Documents. ARTICLE 3 Contract Work. The Contractor agrees to furnish all labor, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks associated with the Work described in the Contract Documents, as limited to those items as indicated in the Notice of Award. Contractor warrants that all construction shall be completed in a workmanlike manner and in accordance with all plans, specifications, and applicable building codes. ARTICLE 4 Contract Time and Liquidated Damages. The Contractor hereby agrees to commence work under the Contract on or before the date specified in a written Notice to Proceed from the City, and to substantially and fully complete the work within the time specified in the Special Conditions. In the event that the work is not completed in the times set forth and as agreed upon, the Contractor further agrees to pay Liquidated Damages to the City as set forth in the Special Conditions. Special Conditions: The Contractor shall complete the Work no later than March 15, 2010. Liquidated damages in the amount of $200 per day shall be assessed against the Contractor in the event that the Work is not completed by the agreed completion date. ARTICLE 5 Contract Price and Payment Procedures. The Contractor shall accept as full and complete compensation for the performance and completion of all of the work specified in this Contract and the Contract Documents, the sum of Thirty two thousand, six hundred eighty eight dollars and no cents ($32,688.00). The Contract Price has been lawfully appropriated by the City Council of the City of Moab for the use and benefit of the Project. The Contract Price shall not be modified except by written change order executed by the City. a. Partial payments shall be made proportionate to the progress of the work according to the following schedule: Requests for payments shall be prepared by the Contractor and approved by the Project 2010 Crack Sealant Project CC-2 6-6 Page 40 of 54 Manager. b. Upon completion of the work and acceptance of the improvements under the Contract and before the Contractor's payment bond shall be released, the City shall publish in a newspaper published in the City a notice that the City has accepted such work as completed according to the Contract Documents and that the Contractor is entitled to final settlement therefore, and that persons having claims for labor, services, equipment, or materials furnished the Contractor shall present the same to the Contractor for payment not more than forty five (45) days after the last date services, labor, equipment, or materials were provided. ARTICLE 6 Bonds. Contractor shall furnish bonds acknowledged by a surety licensed and authorized to do busine-s in the State of Utah. The bonds shall be attached to and time of execution of this Contract: a. A performance bond for the use and benefit of the City in an amount not ICSG than one hundred percent (100%) of contract price. b. A payment bond for the use and benefit of subcontractors, laborers, and material men, in an amount not less than one hundred percent (100%) of the contract price. G R/lnlC in ame into of- $1 n00.00 or loss will be mad-ein mi iltinles of S-1 nn nn• in e e e e bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. d. The payment bond shall be released no sooner than forty six (46) days following the last date labor, services, equipment, or materials arc provided under the contract, provided that no person has provided demand for payment as provided by law. In the event such demand is timely made the bond shall not be rcl scd until such claims arc finally adjudicated. e. The performance bond shall be rcl aced no sooner than the date on which final notice of acceptance of the improvements is delivered to the Contractor by the City. f. Contractor shall provide a Certificate of Insurance as outlined in the following insurance requirements. 2010 Crack Sealant Project CC-3 6-6 Page 41 of 54 Insurance Requirements The limits of liability for the insurance required by the Contractor shall provide coverage for not less the following amounts or greater where required by law: Workers' Compensation 1. State: Statutory 2. Applicable Federal: Statutory 3. Employer's Liability: State Insurance Requirements Comprehensive General Liability: 1. Bodily Injury: 1,000,000 CSL 1,000,000 2. Property Damage: 1,000,000 CSL 1,000,000 Each Occurrence Annual Aggregate, Products and Completed Operation Each Occurrence Annual Aggregate 3. Property Damage Liability Insurance shall provide Explosion, Collapse, and Underground coverage where applicable. 4. Personal Injury, with employment exclusion deleted. 1,000,000 CLS Comprehensive Automobile Liability: 1. Bodily Injury: 1,000,000 CSL 1,000,000 CSL 2. Property Damage: 1,000,000 CSL Each Person Each Accident Each Occurrence The Comprehensive liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded or canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to OWNER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective work. 2010 Crack Sealant Project CC-4 6-6 Page 42 of 54 Property Insurance: Coverage as needed for his on -and off site materials. ARTICLE 7 Contract Binding. The City and the Contractor each binds themselves, partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between the City and Contractor and may only be altered, amended or repealed by a duly executed written instrument. Neither the City nor the Contractor shall, without the prior written consent of the other, assign in whole or in part his interest under the Contract and specifically, the Contractor shall not assign any monies due or to become due without the prior written consent of the City. ARTICLE 8 Warranties. Unless otherwise expressly disclaimed in these Contract Documents, the Contractor warrants to the City that all the construction performed under this contract shall be free from defects of workmanship, labor, and materials, for a period of one year from the date of final completion of the improvements, or as expressly provided in the bid specifications in the Contract Documents. ARTICLE 9 Extensions. For good cause shown, the City may grant a reasonable extension of time for the completion of improvements pursuant to this Contract. Good cause may include acts of God, severe weather disturbances, floods, strikes, riots, or other acts or causes which are unforeseen and beyond the Contractor's control. All extensions shall be approved in writing. ARTICLE 10 Legal Compliance, Indemnity. Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains a suitable policy of motor vehicle and comprehensive general liability insurance and that said policy shall be in place for the duration of this Contract; and that it shall perform this Contract in compliance with all applicable local, state, and federal laws. a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liability, including costs of defense, as result of damages or losses to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breach of duties under 2010 Crack Sealant Project CC 6-6 Page 43 of 54 this agreement by the Contractor, its officers, agents, employees, or subcontractors. ARTICLE 11 Venue, Choice of Law. The place of performance under this Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah. ARTICLE 12 Costs and Damages. In the event of any legal dispute concerning the subjects of this contract, the substantially prevailing party shall be entitled to recover its reasonable attorney's fees and court costs, together with all actual damages from breach. It is understood that in no event shall the City be liable to Contractor for consequential damages. ARTICLE 13 Notice of Breach, Limitation of Actions. In the event of the occurrence of any material breach of the terms of this contract the non -breaching party shall deliver written notice of same to the other party not more than forty five (45) days from the discovery of the act, omission, event, or default constituting breach. Failure to provide notice of breach as provided herein shall result in any such claim being barred. Any legal action pursuant to this contract shall be filed not more than one year from the date of written notice of breach. a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows: City Recorder City of Moab 217 East Center Street Moab, Utah 84532-2534 Contractor: Superior Asphalt P.O. Box 450 Magna, Utah 84044 IN WITNESS WHEREOF, the City of Moab, Utah, has caused this Contract to be subscribed by its Mayor and sealed and attested by its City Recorder in its behalf; and the Contractor has signed this Contract as set forth below. 2010 Crack Sealant Project CC-6 6-6 Page 44 of 54 Date: ATTEST: City Recorder (Seal) Contractor: City of Moab, Utah By: Mayor Date: By: Title Title: State of Utah ) County of ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in: County 2010 Crack Sealant Project CC-7 Page 45 of 54 Moab City Council 217 East Center Street Moab, Utah 84532-2534 Moab Half Marathon P.O. Box 743 Moab, UT 84532 Hello Moab City Council members, Moab Half Marathon, Inc. requests that the City of Moab waive the Center St Gym rental fee for the 2010 Canyonlands Half Marathon. Use will occur Tuesday, March 16 through Saturday, March 20. Total rental fee for the event = $1785 [$1485 (rental) + $300 (floor covering labor)]. Moab City waived the rental fee for CHM in 2009. Please note that in 2007 Moab Half Marathon, Inc. donated $7000 to Moab City Recreation for the purchase of a floor covering system for Center St Gym. MHM has also donated $1000 dollars annually to the Police Dept for the past six years in appreciation for their help with the event. Thank you for your consideration of this request. Sincerely, Ranna Bieschke President Moab Half Marathon, Inc. +35-259-4525 455-z59-A-..% (Fax) rrr@citiinlc.net www.moakhaIfrmaratkon.org Page 46 of 54 -1 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum Mayor: David L. Sakrison Council: Kyle Bailey Jeffrey A. Davis Keith H. Brewer Gregg W. Stucki Rob Sweeten To: Moab City Council From: John Geiger, Recreation Coordinator Date: 1/25/10 Re: Fee waiver for Canyonlands Half Marathon rental of Center St Gym, 2010 The Moab City Recreation Dept recommends that the City of Moab waive the Center St Gym rental fee for the 2010 Canyonlands Half Marathon. Use will occur Tuesday, March 17 through Saturday, March 21. Rental fee for the event will total $1785. An additional fee to cover City labor for installation and removal of the floor covering is expected to total $450. Total expected fee = $2235. Moab City waived the rental fee for CHM in 2009, which totaled $2565. Fees are lower this year due to revised rental rates. Please note that in 2007 Canyonlands Half Marathon donated $7000 to Moab City Recreation for the purchase of a floor covering system for Center St Gym. CHM has also donated $1000 dollars annually to the Police Dept for the past five years in appreciation for their help with the event. 7-1 Page 47 of 54 CITY OF MOAB INTEROFFICE MEMORANDUM Engineering Department Memo #2010-02 TO: MAYOR AND CITY COUNCIL FROM: DAN STENTA, CITY ENGINEER SUBJECT: CONTRACT AMENDMENT — WATER SYSTEM MODELING CONTRACT DATE: 2/3/2010 CC: File Attached is a proposed contract amendment for the contract between the City and the University of Utah for the development of a hydraulic system model of the City's water system. The purpose of the amendment is to add a presentation of the study and report to the Council. I am pleased with the results of the study, modeling and analysis and the information that it gives us about our water system. The City water system is one of the most important assets held by the City and promises to become even more so in the years to come. I feel strongly that it will be beneficial to the Council to receive a presentation of the study, report and findings. The amount of money, $1,350, may seem like a lot for a presentation and you may question whether it's worth it. You will note in the attached scope of work that a large part of the expense is travel related, however approximately 12 hours are included for the preparation of the presentation. I have provided direction to Dasch and his advisor to tailor the presentation to the elements that I believe the Council will be most interested in and also to be prepared for a lot of your questions. In closing, I wish to reiterate that I think the Council will find the information interesting and beneficial. 7-2 Page 48 of 54 AMENDMENT NUMBER ONE TO THE AGREEMENT 10014961 BETWEEN CITY OF MOAB AND THE UNIVERSITY OF UTAH The Agreement for the project entitled "Water Distribution Model Development and Calibration" is hereby modified as follows: Section A, Statement of Work Section B, Period of Performance Section C, Consideration See Attachment A: Modification to Scope of Work Project period is hereby extended to the following dates: February 28, 2010. Total amount of consideration to be added to this project is $1,352.00 U.S. Dollars for a total for the project to date of $18,589.00 U.S. Dollars. Section E Principal Investigator Principal Investigator for the University remains Dr. Christine Pomeroy. This Amendment shall not be deemed to amend or modify the Agreement except as specifically provided herein. The Agreement, as amended by this Amendment, shall be and remain in full force and effect, and enforceable in accordance with its terms. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives effective as of date of last signature. UNIVERSITY OF UTAH CITY OF MOAB "University" "Sponsor" By: By: Brent K. Brown Director, Office of Sponsored Projects Date: Date: 1 7-2 Page 49 of 54 ATTACHMENT A SCOPE OF WORK Amendment to Work Plan Dec 16, 2009 Moab Internship Fall 2009, Water Distribution Model Development and Calibration The following amendments have been agreed upon and will be included in the Work Plan for the development of a WaterCAD model of the Moab water distribution system: Dr. Pomeroy and her Graduate Student, Dasch Houdeshel, will travel to Moab to present their findings at the Moab City Council Meeting on February 9th, 2009. This includes an amendment in the budget for the project including an additional $1,352 to Dr. Pomeroy for the time and expenses required to create the presentation and to travel to Moab. Details of this cost are shown below: Cost Item Unit Cost Amount Total Cost Dr. Pomeroy Time 8 hours $520 Dasch Houdeshel Time 20 hours $406 Travel $0.55/mile 480 miles $264 Hotel Allowance for Dr. Pomeroy $70/night 1 $70 Food Allowance for Dr. Pomeroy $46/day 1 $46 Food Allowance for Dasch Houdeshel $46/day 1 $46 Total $1352 2 7-2 Page 50 of 54 "CLUB LIQUOR LICENSE" LOCAL CONSENT Date: Attn: DABC Licensing & Compliance Section , [ ] City [ ] Town [ ] County hereby grants its consent to the issuance of a club liquor license to: Business Name: AA.0 A- (2) 2 `1 Applicant / Business Owner: /V «I tiA-k I I E./1- Location Address: 67q b 5 •/4;lr4/.-v S1 Pursuant to the provisions of Utah Code 32A-5, this license allows for the storage, sale and consumption of liquor on the premises. Furthermore, the applicant has met all ordinances and requirements relating to issuance of local business license(s). [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32A-5-101(6)&(7), the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Print Name / Title v. 01.11.10 page 7 of 43 Page 51 of 54 7-3 CITY OF MOAB RETAIL BEER* LICENSE APPLICATION AMOUNT PAID: 1p S O " ° 4LPPI� pa. a / 0 , °O 435) 259-5121 / FAX (435) 259-4135 ,, ! �,�•1.f e� RECEIPT NO.: U-1 �1`y� PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: ❑ CLASS II FEE: fil PRIVATE CLUB ❑ CLASS III FEE: ❑ CLASS IV FEE: LICENSE #: dirk $180.00 \ `A $180.00 / wrj - $650.00 ?k � h $80.00 rt- $80.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: Mtu4-4aEL /-1 I I el - HOME ADDRESS: 12$ SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER & STATE: WEIGHT: HEIGHT: O� CITY: AAADA a DATE OF BIRTH: HOME PHONE: STATE: UT ZIP: CYS3z BUSINESS INFORMATION BUSINESS NAME: BUSINESS ADDRESS: BUSINESS MAILING ADDRESS: 4 S MAit4 lo4)to S• MA1.1 CITY: MO SALES TAX ID #: BUSINESS PHONE: 4" -1QBE STATE: U - ZIP: WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE 1. DATE PAID: a f 7' 1 0 N `O ❑ CLASS I ❑ CLASS II IOL PRIVATE CLUB ❑ CLASS III ❑ CLASS IV 217 EAST CENTER STREET MOAB, UTAH 84532 Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ No YES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: 3- Z Base I Nervy gam. $ livt 5, ez- r5 *Beer application is for 3.2% by weight only. Also requires a State license. Page 52 of 54 75-4 CITY OF MOAB INFORMED CONSENT AND RELEASE OF LIABILITY In connection with my application for a Beer License with Moab City, I hereby authorize the forenamed agency as well as the Utah Bureau of Criminal Identification to investigate my past and present work, education, and law enforcement records to ascertain any and all information, which may be pertinent to licensing regulations. I do hereby release all person, firms, agencies, companies, groups or installations, whomsoever, from any damages of/or resulting from release shall function as an original. M t G 14A-L`t AA-t /4,1-- Signature o licant Print Name of Applicant Date 2- 3 -� v Signature of Witness Print Name of Witness Date State of Utah ) County of On the 3 r-d day of e-h� `��'�`� , IC), personally appeared before me IN\ %t)r\ a,e�, r\i\'t \1,Qt— the same. , who duly acknowledge to nee that they executed My Commission Expires: \ f 1 t Residing in: C`1 Ca-Ar, County 7-4 Page 53 of 54 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. Applicants Signature STATE OF UTAH COUNTY OF GRAND S c�-eA rn \ \'et--- , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this, r .9Q day of 1` .-f'()--CLIThi ,tot 0 . ry Public 7-4 Page 54 of 54