HomeMy Public PortalAboutPKT-CC-2010-03-23CITY OF MOAI3
MARCH 23, 2010
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMI3PRS
(217 EAST CENTER STREET)
Page 1 of 92
Page 2 of 92
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
1
3/19/2010 4:09 PM
*Meeting end times are approximations only
Page 3 of 92
Entry
Full Description
Meeting location
Dates
CHCSSD
Canyonlands Health Care Special Service District
Grand Center #4
Last Thursday
CVFP
Castle Valley Fire Protection
Community Center #2 Castle Valley Drive
2nd Thursday
CVPC
Castle Valley Planning Commission
Community Center #2 Castle Valley Drive
1st Wednesday
CVTC
Castle Valley Town Council
Community Center #2 Castle Valley Drive
3rd Wednesday
GCCMD
Grand County Cemetary Maintenance District
Sunset Memorial Cemetary
2nd Tuesday
GC Council Meeting
Grand County Council Meeting
125 East Center Street
1st & 3rd Tuesday
GCAB
Grand County Airport Board
125 East Center Street
2nd Tuesday
GCCOA
Grand County Council on Aging
Grand Center
2nd Monday
GCHEC
Grand County Higher Education Committee
USU Extension Office
4th Thursday
GCHPC
Grand County Historic Preservation Committee
Grand Center
4th Wednesday
GCLB
Grand County Library Board
257 East Center Street
2nd Wednesday
GCPC
Grand County Planning Commission
125 East Center Street
2nd & 4th Wednesday
GCRSSD
Grand County Recreation Special Service District
217 East Center Street
2nd Wednesday
GCSDBE
Grand County School District Board of Education
264 South 400 East
3rd Wednesday
GCSWSSD
Grand County Solid Waste Special Service District
100 Sand Flats Road
1st Thursday
GCWB
Grand County Weed Board
Grand Center
1st Monday
GWSSA
Grand Water & Sewer Service Agency
3025 East Spanish Trail Road
1st & 3rd Thursday
LPC
Legislative Policy Committee
Utah Local Governments Trust No. SLC
3rd Monday
MARC
Moab Arts and Recreation Center Advisory Board
111 E. 100 North
1st Thursday
MATCAB
Moab Area Travel Council Advisory Board
125 East Center Street
4th Thursday
MC Council Meeting
Moab City Council Meeting
217 East Center Street
2nd & 4th Tuesday
MCPC
Moab City Planning Commission
217 East Center Street
2nd & 4th Thursday
MMAD
Moab Mosquito Abatement Distrcit
1000 East Sand Flats Road
1st or 2nd Thursday
SEUALG
South Eastern Utah Association of Local Government
Price
2nd Thursday
SEUDHD
South Eastern Utah District Health Department
Green River City Offices
TRAIL MIX
Trail Mix
Grand Center
2nd Tuesday noon
TSSD
Thompson Special Service District
Thompson Springs Fire Station
2nd Tuesday
TSSFD
Thompson Special Service Fire District
Thompson Springs Fire Station
2nd Thursday
Page 4 of 92
Moab City Council
Master Meeting Calendar*
April 2010
40" 2010
S M T W T F
May 2010
S S M T W T F S
11
18
25
1 2
4 5 6 7 8 9
12 13 14 15 16
19 20 21 22 23
26 27 28 29 30
3
10 2 3 4 5
17 9 10 11 12
24 16 17 18 19
23 24 25 26
30 31
1
6 7 8
13 14 15
20 21 22
27 28 29
M
CO
N
t9
0
a
r
N
co7:00pm
T
m
LO
Nq
Q
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Mar 28
29
30
31
Apr
2
3
3:00pm
3:30pm
7:00pm
4:00pm GCSWSSD
4:00pm MARC
9:00pm GWSSA
4
5
6
7
8
9
10
6:00pm 7:00pm
GCAB
9:00am 11:00am UDOT Ann
3:00pm 4:00pm GC Counci
5:00pm 6:00pm IQMU Boa
7:00pm 9:00pm GC Counci
7:00pm
7:00pm
9:00pm CVTC
9:00pm Moab CC E
6:30pm
7:00pm
8:00pm Moab PC
8:00pm CVFP
7:00pm 9:00pm Moab CC E
11
12
13
14
15
16
17
12:30pm 2:00pm
GCCOA
3:00pm 4:00pm GCSDBE N
3:00pm 3:30pm MVFPD
6:00pm
7:00pm
7:00pm GC PC
8:00pm TSSD
:00pm Moab CC'
18
19
20
21
22
23
24
3:00pm 4:00pm GC Counci
7:00pm 9:00pm GC Counci
4:30pm
5:00pm
6:00pm
6:00pm
5:30pm GCHPC
6:30pm GCLB
7:00pm GCSDBE
6:30pm GCRSSD
6:30pm
8:00pm Moab PC
9:00pm Moab C3111
25
26
27
28
29
30
May
12:00pm 12:30pm MTPSC
6:00pm
7:00pm GC PC
6:30pm 9:00pm Moab CC
Moab Oty Recorder's Office
2
3/19/2010 4:09 PM
*Meeting end times are approximations only
Page 5 of 92
Entry
Full Description
Meeting location
Dates
CHCSSD
Canyonlands Health Care Special Service District
Grand Center #4
Last Thursday
CVFP
Castle Valley Fire Protection
Community Center #2 Castle Valley Drive
2nd Thursday
CVPC
Castle Valley Planning Commission
Community Center #2 Castle Valley Drive
1st Wednesday
CVTC
Castle Valley Town Council
Community Center #2 Castle Valley Drive
3rd Wednesday
GCCMD
Grand County Cemetary Maintenance District
Sunset Memorial Cemetary
2nd Tuesday
GC Council Meeting
Grand County Council Meeting
125 East Center Street
1st & 3rd Tuesday
GCAB
Grand County Airport Board
125 East Center Street
2nd Tuesday
GCCOA
Grand County Council on Aging
Grand Center
2nd Monday
GCHEC
Grand County Higher Education Committee
USU Extension Office
4th Thursday
GCHPC
Grand County Historic Preservation Committee
Grand Center
4th Wednesday
GCLB
Grand County Library Board
257 East Center Street
2nd Wednesday
GCPC
Grand County Planning Commission
125 East Center Street
2nd & 4th Wednesday
GCRSSD
Grand County Recreation Special Service District
217 East Center Street
2nd Wednesday
GCSDBE
Grand County School District Board of Education
264 South 400 East
3rd Wednesday
GCSWSSD
Grand County Solid Waste Special Service District
100 Sand Flats Road
1st Thursday
GCWB
Grand County Weed Board
Grand Center
1st Monday
GWSSA
Grand Water & Sewer Service Agency
3025 East Spanish Trail Road
1st & 3rd Thursday
LPC
Legislative Policy Committee
Utah Local Governments Trust No. SLC
3rd Monday
MARC
Moab Arts and Recreation Center Advisory Board
111 E. 100 North
1st Thursday
MATCAB
Moab Area Travel Council Advisory Board
125 East Center Street
4th Thursday
MC Council Meeting
Moab City Council Meeting
217 East Center Street
2nd & 4th Tuesday
MCPC
Moab City Planning Commission
217 East Center Street
2nd & 4th Thursday
MMAD
Moab Mosquito Abatement Distrcit
1000 East Sand Flats Road
1st or 2nd Thursday
SEUALG
South Eastern Utah Association of Local Government
Price
2nd Thursday
SEUDHD
South Eastern Utah District Health Department
Green River City Offices
TRAIL MIX
Trail Mix
Grand Center
2nd Tuesday noon
TSSD
Thompson Special Service District
Thompson Springs Fire Station
2nd Tuesday
TSSFD
Thompson Special Service Fire District
Thompson Springs Fire Station
2nd Thursday
Page 6 of 92
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
City of Moab - Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, March 23, 2010 at 7:00 p.m.
4111111111111111111111111111111111111111111111111111111111111111111
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 November 16, 2009
1-2 November 24, 2009
1-3 December 15, 2009
1-4 December 23, 2009
1-5 March 9, 2010
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4: PRESENTATION
4-1 Presentation of the Mayor's Student Citizenship of the Month Award for
March 2010 for Helen M. Knight Intermediate School
SECTION 5: NEW BUSINESS
5-1 Approval of a Moved -on Structure Permit for Chris Martinez and Bevin
Protas, d.b.a. Tonatiuh, to Conduct a Food Vending Business March 26 to
October 26, 2010 Located at 284 North Main Street
5-2 Approval of a Moved -on Structure Permit for Sharee Carlson, d.b.a. Granny's
Snack Shack to Conduct a Food Concessionaire Service at the Center Street
Ballpark March 15 to October 15, 2010
Page 7 of 92
5-3 Approval of a Moved -on Structure Permit for Jeep d.b.a. Creative Solutions,
to Conduct Displays March 28 to April 3, 2010 Located at 290 South Main
Street
5-4 Approval of a Moved -on Structure Permit for Shannon Clarke, d.b.a.
Millenium Shades Sunglass Company to Conduct Retail Sales March 26 to
April 8, 2010, Located at 391 South Main Street
5-5 Approval of a Moved -on Structure Permit of Josh Reeder, d.b.a. Desert Sno
Shave Ice, LLC, to Conduct a Snow Cone Vending Business Located at 83
South Main Street from May 1 to September 1, 2010
5-6 Approval of Local Consent of an On -Premise Beer License for Frankie
Winfrey, d.b.a. Sabaku Restaurant, Located at 225 South 400 East
5-7 Approval of a Request by Jasper Groff for an Amplified Music Event at Old
City Park on May 8 and 9, 2010
5-8 Approval of a Conservation Easement from Portal Vista, LLC
5-9 Request for a Waiver of Building Permit Fees for Moab Valley Health Care in
an amount not to exceed $9,929.66
5-10 Approval of a Lease and Services Agreement by and between the City of
Moab and the Humane Society of Moab Valley
5-11 Approval of a Consulting Services Agreement with PSOMAS for Lions Park
Planning and Design Services
5-12 Approval of Proposed Ordinance #2010-08 — An Ordinance Vacating a Portion
of Phase One of the Haciendas Subdivision and Approving the Construction
of Specific Public Improvements
5-13 Approval of a Boundary Line Adjustment for Greg Gorman, for Property
Located at 618 Locust Lane
5-14 Approval of a Boundary Line Adjustment for Gerald White, for Property
Located at 593 East Center Street in the R-2 Residential Zone
5-15 Approval of Proposed Resolution #09-2010 — A Resolution Approving an
Interlocal Agreement as to the Creation and Administration of an Affordable
Housing Task Force by and between Grand County, the City of Moab and the
Housing Authority of Southeastern Utah
SECTION 6: READING OF CORRESPONDENCE
SECTION 7: ADMINISTRATIVE REPORTS
SECTION 8: REPORT ON CITY/COUNTY COOPERATION
SECTION 9: MAYOR AND COUNCIL REPORTS
SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 11: 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 92
MOAB CITY COUNCIL
SPECIAL MEETING
November 16, 2009
The Moab City Council held a Special Meeting on the above date at the
Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor Pro-tem Gregg Stucki called the Special
Meeting to order at 1:01 PM. In attendance were Councilmembers Kyle
Bailey and Jeffrey Davis. Also in attendance were City Manager Donna
Metzler, City Recorder/Assistant City Manager Rachel Ellison and Police
Chief Mike Navarre.
Councilmember Bailey moved to accept the Canvassing of Votes from
the Moab City General Election held on November 3, 2009 including
those who voted absent and provisional ballots. Councilmember Davis
seconded the motion. The motion carried 3-0 aye.
SPECIAL MEETING & ATTENDANCE
CANVASSING OF VOTES FROM NOVEMBER
GENERAL ELECTION
Councilmember Stucki moved to adjourn the meeting. Councilmember MOTION TO ADJOURN, APPROVED
Davis seconded the motion. The motion carried 3-0 aye.
Mayor Pro-tem Stucki adjourned the Special Meeting at 1:06 PM.
APPROVED: ATTEST:
David L. Sakrison
Mayor
Rachel Ellison
City Recorder/Asst. City Mgr.
ADJOURNMENT
November 16, 2009 Page 1 of 1
Page 9 of 92
1-1
MOAB CITY COUNCIL
REGULAR MEETING
November 24, 2009
The Moab City Council held its Regular Meeting on the above date in
the Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council
Workshop to order at 6:30 PM. In attendance were Councilmembers
Gregg Stucki, Kyle Bailey, Sarah Bauman, Jeffrey Davis and Rob
Sweeten; City Manager Donna Metzler and Deputy City Recorder I Beth
Joseph.
Mayor David L. Sakrison called the Regular City Council Meeting to
order at 7:00 PM and Citizen B.D. Howard led in the Pledge of
Allegiance. Also in attendance were City Engineer Dan Stenta, City
Treasurer Jennie Ross, Public Works Director Brent Williams and Police
Chief Mike Navarre. Seven (7) members of the audience and media
were present.
There were no minutes to approve.
Under Citizens to be Heard, Bill Love stated that he was concerned
about our watershed, specifically 1,300 acres owned by the Bureau of
Land Management known as Steel Bender. Mr. Love stated that he
also has concerns regarding the Willow Basin burn. Mr. Love stated
that the National Forest Service has not responded to watershed
issues, and he requested that the City write a letter to the National
Forest Service requesting that the watershed be protected during
cutting and burning of the vegetation.
Lenore Beeson urged the Council and City to go ahead with a curbside
recycling program.
Sarah Melnicoff urged the Council to work with other agencies for
recycling.
A written report was distributed for the Community Development
Department Update.
Under Engineering Department Update, City Engineer Stenta stated
that the plans were almost completed for the 500 West Reconstruction
Project and that as part of the master planning process for travel
impact, an impact fee for new development would be proposed. City
Engineer Stenta then gave an update on the Water System Planning,
including new lines and proposed tanks and stated that the water
system modeling project was underway. City Engineer Stenta stated
that the Regional Forestry Officer of the National Forest Service does
not have Watershed protection as part of their process, and continued
that since local resources are involved, the City should be involved.
Mayor Sakrison asked City Engineer Stenta to draft a letter to the
National Forest Service requesting City involvement in watershed
planning issues.
Councilmember Stucki inquired about utility line placement for the
hospital project during the 500 West Reconstruction Project.
City Engineer Stenta stated that utility lines had already been stubbed
out in anticipation of road reconstruction.
REGULAR MEETING &
ATTENDANCE
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
November 24, 2009 Page 1 of 2 1
Page 10 of 92
A Planning Department Update was not given.
A Police Department Update was not given.
A Public Works Department Update was not given.
Mayor Sakrison presented Isaac Lawley with the Mayor's Student
Citizenship of the Month Award for November 2009 for Helen M.
Knight Intermediate School.
Councilmember Stucki moved to approve Proposed Resolution #26-
2009 — A Resolution Approving the Solid Waste Collection Franchise
Agreement. Councilmember Sweeten seconded the motion. The
motion carried 5-0 aye by a roll -call -vote.
Councilmember Davis moved to approve Proposed Resolution #27-
2009 — A Resolution Supporting the City of Moab's Participation in the
Southeastern Utah Association of Local Government's Pre -Disaster
Hazard Mitigation Plan Development Process. Councilmember Bailey
seconded the motion. The motion carried 5-0 aye.
There was no Correspondence to be Read.
Under Administrative Report, City Manager Metzler stated that the
City's Annual Christmas Party was scheduled for December 19, 2010
and that she would be presenting an amended purchasing contract to
buy the pool under State Contract directly from the source without
sales tax. City Manager Metzler then stated that the Affordable
Housing Task Force would be starting soon.
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
PRESENTATION OF STUDENT
OF THE MONTH
PROPOSED RESOLUTION #26-
2009, APPROVED
PROPOSED RESOLUTION #27-
2009, APPROVED
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORTS
REPORT ON CITY/COUNTY
A Report on City/County Cooperation was not given. COOPERATION
Under Mayor and Council Reports, Mayor Sakrison stated that he had
attended an Association of Local Governments Meeting and that a 10%
tax increase on cigarettes was being proposed but that the Governor
would not be supporting the proposed tax increase.
Councilmember Sweeten announced that his permanent job was
transferring him out of town and he would be unable to complete his
term of Councilmember.
Councilmember Bailey moved to pay the bills against the City of Moab
in the amount of $110,267.47. Councilmember Stucki seconded the
motion. The motion carried 5-0 aye by a roll -call -vote.
Councilmember Sweeten moved to adjourn the meeting.
Councilmember Davis seconded the motion. The motion carried 5-0
aye.
Mayor Sakrison adjourned the meeting at 7:42 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel Ellison
Mayor City Recorder/Asst. City Mgr.
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
MOTION TO ADJOURN,
APPROVED
ADJOURNMENT
November 24, 2009 Page 2 of 2
Page 11 of 92
1-2
MOAB CITY COUNCIL
REGULAR MEETING
December 15, 2009
The Moab City Council held its Regular Meeting on the above date in
the Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council
Workshop to order at 6:34 PM. In attendance were Councilmembers
Gregg Stucki, Kyle Bailey, Sarah Bauman and Rob Sweeten; City
Manager Donna Metzler and City Recorder/Assistant City Manager
Rachel Ellison.
Mayor David L. Sakrison called the Regular City Council Meeting to
order at 7:00 PM and Citizen B.D. Howard led in the Pledge of
Allegiance. Also in attendance were City Treasurer Jennie Ross and
Public Works Director Brent Williams. Thirteen (13) members of the
audience and media were present.
REGULAR MEETING &
ATTENDANCE
Councilmember Sweeten moved to approve the Council Meeting APPROVAL OF MINUTES
Minutes of October 27 and November 10, 2009. Councilmember Bailey
seconded the motion. The motion carried 4-0 aye.
There were no Citizens to be Heard.
CITIZENS TO BE HEARD
A written report was distributed for the Community Development COMMUNITY DEVELOPMENT
Department Update.
An Engineering Department Update was not given.
A Planning Department Update was not given.
A Police Department Update was not given.
A Public Works Department Update was not given.
UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
Mayor Sakrison presented Brenda Ramirez with the Mayor's Student STUDENT OF THE MONTH
Citizenship of the Month Award for December 2009 for Helen M. PRESENTATION
Knight Intermediate School.
Russell Olsen of Larson & Rosenberger, LLC made a presentation of the PRESENTATION OF ANNUAL
fiscal year 2008-2009 Annual Audit for the City of Moab.
Councilmember Bailey moved to approve a Temporary Class III Beer
License for Remy Paul Cross, d.b.a. City Market #410, Located at 425
South Main Street to Conduct Retail Sales. Councilmember Stucki
seconded the motion. The motion carried 4-0 aye.
Councilmember Bailey moved to approve the 2010 City of Moab
Regular City Council Meeting Schedule. Councilmember Sweeten
seconded the motion. The motion carried 4-0 aye.
Councilmember Sweeten moved to approve the 2010 City of Moab
Holiday Schedule. Councilmember Stucki seconded the motion. The
motion carried 4-0 aye.
Councilmember Sweeten moved to approve the 2010 City of Moab
Planning Commission Schedule. Councilmember Stucki seconded the
motion. The motion carried 4-0 aye.
AUDIT
TEMPORARY CLASS III BEER
LICENSE, APPROVED
2010 REGULAR CITY COUNCIL
MEETING SCHEDULE,
APPROVED
2010 CITY HOLIDAY SCHEDULE,
APPROVED
2010 CITY PLANNING
COMMISSION MEETING
SCHEDULE, APPROVED
December 15, 2009 Page 1 of 3
Page 12 of 92
-3
Councilmember Sweeten moved to approve a Moved -on Structure
Permit for Mark Zink, d.b.a. Moab City Wash, LLC Located at 311 South
Main Street to Conduct Retail Sales on March 30, 2010.
Councilmember Stucki seconded the motion. The motion carried 4-0
aye.
Councilmember Sweeten moved to approve a Special Event License for
Grand Fondo Moab to Conduct a Timed Road Bicycling Event on April
30 to May 2, 2010 with a Registration Event to be held at Swanny City
Park. Councilmember Bauman seconded the motion. The motion
carried 4-0 aye.
Councilmember Bailey moved to approve Proposed Resolution #28-
2009 — A Resolution of the Governing Body of the City of Moab
Authorizing Delinquent Terminated Utility Accounts to be Written Off
of the Accounting System in the Amount of $2,230.17. Councilmember
Sweeten seconded the motion. The motion carried 4-0 aye by a roll -
call -vote.
Councilmember Bauman moved to approve a Class II Beer License for
Jeanine L. Cassano, d.b.a. Slickrock Cafe, Located at 5 North Main
Street. Councilmember Bailey seconded the motion. The motion
carried 4-0 aye.
Councilmember Stucki moved to approve Proposed Resolution #29-
2009 — A Resolution Approving an Interlocal Agreement by and
between the City of Moab and Grand County for Relocation of a
Waterline. Councilmember Bauman seconded the motion. The motion
carried 4-0 aye.
Councilmember Stucki moved to approve Amendment #1 to the
Construction Manager at Risk (CMAR) Contract for the Grand County
Recreation & Aquatic Center Project by and between the City of Moab
and Hogan and Associates. Councilmember Sweeten seconded the
motion. The motion carried 4-0 aye.
There was no Correspondence to be Read.
Under Administrative Report, City Manager Metzler stated that the
Notice to Proceed would be issued to Hogan Construction for the
Aquatic Center Project as soon as bonds were received by the City. City
Manager Metzler then stated that the City's Annual Christmas Party
was scheduled for December 19, 2010 and that she would be attending
a meeting with representatives from the Moab Valley Humane Society
and Grand County to discuss animal services in Grand County.
City Recorder/Assistant City Manager Ellison stated that the Swearing
In Ceremony of newly elected Councilmembers was scheduled for
Monday, January 4, 2010 at 11:00 AM.
A Report on City/County Cooperation was not given.
Under Mayor and Council Reports, Councilmember Bailey stated that
he had been contacted by a citizen who was concerned about speeding
and Walker and Tusher Streets and that there were no speed limit signs
on those streets.
Councilmember Bauman stated that she had attended a Housing
Authority meeting and that the Housing Authority was working through
MOVED -ON STRUCTURE
PERMIT, APPROVED
SPECIAL EVENT LICENSE FOR
GRAND FONDO MOAB,
APPROVED
PROPOSED RESOLUTION #28-
2009, APPROVED
CLASS II BEER LICENSE,
APPROVED
PROPOSED RESOLUTION #29-
2009, APPROVED
AMENDMENT #1 TO THE
CMAR CONTRACT, APPROVED
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORTS
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
December 15, 2009 Page 2 of 3
Page 13 of 92
1-3
some financial issues and were still waiting on an audit report.
Councilmember Bauman stated that the Housing Authority was waiting
to hire a director until the financial situation was resolved, but that
progress was being made.
Councilmember Bailey moved to pay the bills against the City of Moab
in the amount of $190,631.36. Councilmember Sweeten seconded the
motion. The motion carried 4-0 aye by a roll -call -vote.
Mayor Sakrison adjourned the meeting at 7:40 PM.
APPROVED: ATTEST:
David L. Sakrison
Mayor
Rachel Ellison
City Recorder/Asst. City Mgr.
APPROVAL OF BILLS
ADJOURNMENT
December 15, 2009 Page 3 of 3
Page 14 of 92
MOAB CITY COUNCIL
SPECIAL MEETING
December 23, 2009
The Moab City Council held a Special Meeting on the above date at the
Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting
to order at 3:00 PM. In attendance were Councilmembers Sarah
Bauman, Rob Sweeten, Kyle Bailey, Jeffrey Davis and Gregg Stucki. Also
in attendance were City Manager Donna Metzler, City
Recorder/Assistant City Manager Rachel Ellison and Police Chief Mike
Navarre.
Councilmember Bailey moved to appoint Councilmembers Stucki and
Bauman as the Council Representatives to serve on the Moab City
Employee Appeal Board for a term of one year. Councilmember Davis
seconded the motion. The motion carried 5-0 aye.
Councilmember Sweeten moved to accept the Fiscal Year 2008-2009
Annual Audit of the City of Moab. Councilmember Stucki seconded the
motion. The motion carried 5-0 aye.
Mayor Sakrison adjourned the Special Meeting at 3:09 PM.
APPROVED: ATTEST:
David L. Sakrison
Mayor
Rachel Ellison
City Recorder/Asst. City Mgr.
SPECIAL MEETING & ATTENDANCE
COUNCILMEMBERS STUCKI AND BAUMAN
APPOINTED TO EMPLOYEE APPEAL BOARD
FOR ONE YEAR TERM, APPROVED
FISCAL YEAR 2008-2009 ACCEPTED BY CITY
COUNCIL
ADJOURNMENT
December 23, 2009 Page 1 of 1
Page 15 of 92
1-4
MOAB CITY COUNCIL
REGULAR MEETING
March 9, 2010
The Moab City Council held its Regular Meeting on the above date in
the Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council
Workshop to order at 6:30 PM. In attendance were Councilmembers
Kyle Bailey, Sarah Bauman, Jeffrey Davis, Kirstin Peterson and Gregg
Stucki; City Manager Donna Metzler, City Recorder/Assistant City
Manager Rachel Ellison, City Engineer Dan Stenta, City Treasurer Jennie
Ross, Public Works Director Brent Williams, Planning Director Jeff
Reinhart and Police Chief Mike Navarre.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and Citizen B.D. Howard led in the Pledge of Allegiance. Two (2)
members of the audience and media were present.
Mayor Sakrison welcomed Councilmember Kirstin Peterson to the City
Council.
Councilmember Stucki moved to approve the minutes of January 12
and 26, 2010, February 4 and 5, 9, 12, 17, and 23, 2010 as corrected.
Councilmember Bailey seconded the motion. The motion carried 5-0
aye.
There were no Citizens to be Heard.
A Community Development Department Update was not given.
An Engineering Department Update was not given
A written Planning Department Update was distributed.
A Police Department Update was not given.
Under Public Works Department Update, Public Works Director
Williams stated that the 500 West project was about to begin and
urged the public to accommodate the construction by avoiding the use
of 500 West.
Mayor Sakrison inquired about keeping access open to the Grand
Center.
Public Works Director Williams stated that access to the Grand Center
would not be closed.
Public Work Director Williams stated that irrigation lines and culverts
would be relocated prior to the beginning of the 500 West Project
which would disrupt traffic in that area.
Councilmember Bauman moved to approve a Request by John Knowles
to Use City Right-of-way to Conduct a Sidewalk Sale on March 20 and
21, 2010 at 50 South Main Street. Councilmember Bailey seconded the
motion. The motion carried 5-0 aye.
REGULAR MEETING &
ATTENDANCE
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
REQUEST FOR USE OF CITY
RIGHT-OF-WAY, APPROVED
Councilmember Stucki moved to send a Class II Beer License for Frankie CLASS II BEER LICENSE SENT TO
Winfrey, d.b.a. Sabaku to Conduct a Restaurant located at 225 South PUBLIC HEARING
March 9, 2010 Page 1 of 3
Page 16 of 92
1-5
400 East. Councilmember Bauman seconded the motion. The motion
carried 5-0 aye.
Councilmember Bauman moved to approve Local Consent of a Limited
Restaurant License for Frankie Winfrey, d.b.a. Sabaku Sushi Bar Located
at 225 South 400 East. Councilmember Stucki seconded the motion.
The motion carried 5-0 aye.
Councilmember Bailey moved to approve a Request for Use of Swanny
City Park every Saturday Morning by the Youth Garden Project from
May 1 to October 23, 2010. Councilmember Peterson seconded the
motion. The motion carried 5-0 aye.
Councilmember Bauman moved to approve a Special Business Event
License for the Youth Garden Project to Conduct the Moab Farmers'
Market every Saturday from May 1 to October 23, 2010.
Councilmember Stucki seconded the motion. The motion carried 5-0
aye.
Councilmember Davis moved to approve a Moved -on Structure Permit
for Brian Merrill, d.b.a. Moab Adventure Center, to Conduct a Parking
Lot Sale of Seasonal Items March 19 to September 19, 2010 Located at
225 South Main Street. Councilmember Peterson seconded the
motion. The motion carried 5-0 aye.
Councilmember Stucki moved to approve an Agreement for the
Installation of Public Utility Improvements between the City of Moab
and Dennis E. and Patricia Byrd. Councilmember Davis seconded the
motion. The motion carried 5-0 aye.
Councilmember Stucki moved to approve a Temporary Trail
Easement between the Housing Authority of Southeastern Utah
and the City of Moab. Councilmember Bailey seconded the
motion. The motion carried 5-0 aye.
Under Reading of Correspondence, Mayor Sakrison stated that Utah
House Bill 295 to allow an extension of the distressed school district
status needed local support with state legislators.
Councilmember Peterson inquired if anyone from the City would be
attending the Utah Tourism Conference in May 2010.
City Manager Metzler stated that staff did not typically attend that
conference.
Under Administrative Report, City Manager Metzler stated that staff
was working on departmental budget meetings. City Manager Metzler
stated that the budget was looking very positive and that she felt
confident that the budget would be good overall. City Manager
Metzler stated that the council budget process would be accelerated to
accommodate her vacation from May 19 to June 6, 2010. City Manager
Metzler then stated that she was working on four agreements to be
presented to the City Council at the next Regular Meeting. City
Manager Metzler stated that she had received information regarding
the proposed Waste Water Treatment Agreement.
City Engineer Stenta stated that the bid for the 500 West Project had
been awarded to LeGrand Johnson for 153 calendar days which is
LOCAL CONSENT OF LIMITED
RESTAURANT LICENSE,
APPROVED
USE OF SWANNY CITY PARK,
APPROVED
SPECIAL BUSINESS EVENT
LICENSE FOR FARMERS
MARKET, APPROVED
MOVED -ON STRUCTURE
PERMIT, APPROVED
UTILITY AGREEMENT,
APPROVED
TEMPORARY TRAIL EASEMENT,
APPROVED
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORTS
March 9, 2010 Page 2 of 3
Page 17 of 92
-5
estimated to finish about mid -August 2010.
Under Report on City/County Cooperation Mayor Sakrison stated that
there would be a Joint Meeting with the Grand County Council on April
2, 2010 at 11:30 AM.
Under Mayor and Council Reports, Councilmember Bailey stated that
progress was good on the Hospital and Long Term Care projects.
Councilmember Davis stated that he took a tour of the Waste Water
Treatment Plant and was very impressed.
Mayor Sakrison stated that he had attended an Association of Local
Governments meeting in Price, Utah.
Councilmember Stucki moved to pay the bills against the City of Moab
in the amount of $109,541,50. Councilmember Bailey seconded the
motion. The motion carried 5-0 aye by a roll -call -vote.
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
Councilmember Bailey moved to adjourn the meeting. Councilmember MOTION TO ADJOURN,
Davis seconded the motion. The motion carried 5-0 aye. APPROVED
Mayor Sakrison adjourned the meeting at 8:40 PM.
APPROVED:
ATTEST:
David L. Sakrison Rachel Ellison
Mayor City Recorder/Asst. City Mgr.
ADJOURNMENT
March 9, 2010 Page 3 of 3
Page 18 of 92
M CITY
VEDftON STRUCT
BUSINESS NAME: -IPA cv j \i'1\"\
OWNER'S NAME
%AfA7i'mQ,�(EiF.vVI r9--ok-rtS
MAILING ADDRESS: 2g 11 jJ . Alain "6.k/ JkOab) VtT
PROPOSED USE OF STRUCTURE: FC204A VRAC OVZ-
TYPE OF STRUCTURE:
-1vw- 10.0/tir►a cask- wi
ADDRESS OF PROPOSED STRUCTURE'S LOCATION 2-S 10• /"`cl.).rl
NAME OF PROPERTY OWNER (PRINT): � 1
$�� Nittiv
1(THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY
PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE:
‘A ICI"
SIGNATURE OF OWNER APPROVING
LOCATION OF RESTROOM FACILITIES: se_cxy\ kW... USE OF RESTROOM FACILITIES: • k I I
rOMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: OYES ❑ NO MOVED -ON ST1UCTURE FEE: $375.00
ZONE: C92 1 % STATE TAX: 3.75
1 Zoning Administrator's Signature: $378.75
BUSINESS PHONE: 435 -2.5 "L) 2,2
OWNER'S PHONE: (Ns)&51o/035)L1,fj-
!! v€g1,
�-. Moab, ter- g4,5•2-
BUILDING PERMIT REQUIRED: ❑ YES .2tNO
BUILDING INSPECTOR'S SIGNATURE:
DATE APPROVED BY CITY COUNCIL
SIGNATURE OF CITY RECORDER
MOVED -ON STRUCTURE TERM: FROM 3 - ai (o - 10 TO to . oa t° - Q
Required inspections on back.
PYMT REC'D
CITY OF MOAB
MAR - 8 2010
ANT �� ,":1�
a
3
wx
aF
wz
0w
z�
00
F
xC4
°a
0a
GRAND TIRE COMPANY INC
Zoning District
Use
01-001-0059
Minimum Setbacks
Front & Street
Side Rear
Building Height Garage
Porch
Maximum Building Coverage
Parking Driveways
Fences / Walls Lighting
Landscaping / Screening
Development Information Handout provided
(Applicants Signature)
W 258.5'
(Zoning Administrater)
z
0
GRAND TIRE COMPANY INC
01-001-0058
W 151.5'
3.62
PATRICK J RIPPEE
MARJORIE WAGNER
01-001-0060
S 0°17' W 190.3'
W 90.0'
188.75'
N 89°54'W 183.75'
S 89°54'E 188.75' (180.94')
HOLLAND REAL ESTATE LLC
O1-001-0061
Page 20 of 92
W 98 75'
E 98.75'
W 98 75'
0
S9:9
10'
E 75.0'
DAVID K LYLE
01-001-0062
o_
GED
8 7'
c
i�
w
S N
0 g
ov
z—
EAST 75.00'
o ary
ON STRUCTURE PERIN/11T
BUSINESS NAME:
OWNER'S NAME
MAILING ADDRESS:
JeAet.Avm_eix) .So 3h.ecejz_-
z)iaute..e
PROPOSED USE OF STRUCTURE: Ca yuc p a,c cam, , 3 4,7%.(
TYPE OF STRUCTURE: d/LeXA—LA
ADDRESS OF PROPOSED STRUCTURE'S LOCATION
BUSINESS PHONE:
OWNER'S PHONE:
asF- !3 /
NAME OF PROPERTY OWNER (PRINT): S h a r e e. C a f- L s o r 1
I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY
PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE:
LOCATION OF RESTROOM FACILITIES:
SIGNATURE OF OWNER APPROVING
USE OF RESTROOM FACILITIES:
I COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: OYES ❑ NO i MOVED -ON STRUCTURE FEE: $375.00
ZONE: 12-* 4I 1 % STATE TAX: 3.75
Zoning Administrator's Signature: $378.75
BUILDING PERMIT REQUIRED: ❑ YES O
BUILDING INSPECTOR'S SIGNATURE:
DATE APPROVED BY CITY COUNCIL
MOVED -ON STRUCTURE TERM: FROM TO
Required inspections on back.
SIGNATURE OF CITY RECORDER
CITY OF MOAB
MOVED -ON STRUCTURE INSPECTIONS
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
BUSINESS NAME:
ADDRESS OF MOVED -ON STRUCTURE:
THE FOLLOWING INSPECTIONS ARE REQUIRED PRIOR TO CONDUCTING BUSINESS. OBTAIN THE REQUIRED
SIGNATURES THEN RETURN YOUR PERMIT TO THE CITY RECORDER'S OFFICE FOR FINAL APPROVAL.
BUILDING INSPECTOR
(435) 259-1344/1345
125 EAST CENTER
BUILDING PERMIT # (IF REQUIRED)
IN�SP'ECTION REQUIRED:
21 ICES ❑ NO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION ' 0 - / v
APPROVED �SAPPROVED ❑
REASON:
SIGNATURE
FIRE INSPECTOR
(435) 259-5557
45 SOUTH 100 EAST
INSPECTION REQUIRED:
❑ YES In NO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION 3 -! t,"JU
APPROVED 1r DISAPPROVED In
REASON;
HEALTH INSPECTOR
(435)259-5602
471 SOUTH MAIN
INSP TION REQUIRED:
ES In NO (SIGNATURE REQUIRED")
IF YES, DATE OF IVPECTION 3/41/
�y /
APPROVED U DISAPPROVED ❑
REASON:
Page 22 of 92
91
N
1
MOVE
OAB CITY
N STRUCTURE PERMIT
BUSINESS NAME: JEZv
BUSINESS PHONE: 2449. Zee. 9130
OWNER'S NAME C/O egEAMVE. St)LOT IS G42c) af) OWNER'S PHONE: Ale • ries • crw
MAILING ADDRESS: l2.9n t . CC= CCI•4 7 0 / a w.S e n PT / e80 /
PROPOSED USE OF STRUCTURE:
TYPE OF STRUCTURE:
ADDRESS OF PROPOSED STRUCTURE'S LOCATION 2� � Nwi f J Lor G�"' (�,� tiezi2- �.!
NAME OF PROPERTY OWNER (PRINT): Vittq
I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE:.. a- ts.Or4e
SIGNATURE OF OWNER APPROVING)
LOCATION OF RESTROOM FACILITIES, 04, /41-7 USE OF RESTROOM FACILITIES:
COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: DIVES ❑ NO
ZONE: L$ 4.1a40A,
Zoning Administrator's Signature:
s
BUILDING PERMIT REQUIRED: ❑ YES grab
BUILDING INSPECTOR'S SIGNATURE:
DATE APPROVED BY CITY COUNCIL
MOVED -ON STRUCTURE TERM: FROM 3/a a'/1 0 TO
Required inspections on back.
SIGNATURE OF CITY RECORDER
`0/,10
MOVED -ON STRUCTURE FEE. $375.00
1 % STATE TAX: 3.75
$378.75
Page 23 of 92
5-3
CITY OF MOAB
MOVED -ON STRUCTURE INSPECTIONS
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
BUSINESS NAME:
ADDRESS OF MOVED -ON STRUCTURE:
ZPP S. MIDI S'r (LoT Or' t1 ILLICV2-- ()Rxi)
THE FOLLOWING INSPECTIONS ARE REQUIRED PRIOR TO CONDUCTING BUSINESS. OBTAIN THE REQUIRED
SIGNATURES THEN RETURN YOUR PERMIT TO THE CITY RECORDER'S OFFICE FOR FINAL APPROVAL.
BUILDING INSPECTOR
(435)259-1344/1345
125 EAST CENTER
BUILDING PERMIT # (IF REOUIRED)
INSPECTION REQUIRED:
0 YES O NO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION
APPROVED 0 DISAPPROVED 0
REASON:
SIGNATURE
FIRE INSPECTOR
(435)259-5557
45 SOUTH 100 EAST
INSPECTION REQUIRED:
YES ❑ NO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION
APPROVED 0 DISAPPROVED
REAsoN:
SIGNATURE
HEALTH INSPECTOR
(435)259-5602
471 SouTH MAIN
INSPECTION REQUIRED:
0 YES 0 NO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION
APPROVED O DISAPPROVED 0
REASON:
SIGNATURE
Page 24 of 92
Rachel Ellison
From: Jon Rothermel Urothermel@csgnow.com]
Sent: Friday, March 05, 2010 2:40 PM
To: rellison@moabcity.org
Subject: Creative Solutions Group / Jeep - Moved on Structure Permit
Attachments: SKMBT_C35110030517220.pdf; Walker Authorization Letter.pdf
Rachel,
Good afternoon. Please find the attached permit applications for our upcoming activation at the 44th Annual Moab
Jeep Safari. We will once again be in the lot at Walker Drug. I have attached the permit application, site plan and
letter of authorization from Walker Drug.
I know there is a Council Meeting on Tuesday and my hopes are that you might still be able to fit us into the agenda
for that session. I can have payment sent out Monday via overnight delivery for all permit fees. Any assistance you
can lend toward getting us on Tuesday's agenda would be greatly appreciated.
Thank you in advance for your help.
Regards,
Jon
Jon Rothermel
;enior Account Executive
creativesolutionsgroup
1250 N. Crooks Road
Clawson, MI 48017
Main: 248.288.9700
Direct: 248.629.1921
Fax: 248.288.0700
Cell: 586.855.6256
www.csgnow.com
Original Message
From: Konica351@csgnow.net [mailto:Konica351@csgnow.net]
Sent: Friday, March 05, 2010 4:00 PM
To: ]on Rothermel
Subject: Message from KMBT_C351
The following document has been scanned on the Fiery and attached to this email:
SKMBT_C35110030517220.pdf
01
1
Page 2b of 92
CA)
" " !
t r a t i y e s b l u t i g % ` s . g r o / u p
t r a d e s h o w s " e v e n t s " m u l t i m e d i a
s 7 0 . , "
i ��i w t . :
< " .
. . . . . . .
, 7 5 P " V M P S % q ( l i n C l Z p . 7 6 . 7 4 4 4 , 4 ? - . M . 4 7 U N I - P . M r - t 7 r - A V M ' .
7 $ . ? : " W , 4 7 " S F s t f ' S N ��r k @ i 4 F y " , ��Y " A R 7 R ` I : : i a ? , - + . . " ' . w ' 9 . r N ; : r . : r ��u 4 - s r 3 r y . a a ' n ��, r . ; , : s i ; . ��. .
"
M a r c h 5 , 2 0 1 0
' " r M . . 0 t ' w ��"
. ' t i t = ' % ������, " ( ����. . : .
i V i v i a n K l o c k o , a c t i n g a s r e p r e s e n t a t i v e f O r t h e o w n e r o f W a l k e r D r u g , d o h e r e b y
g r a n t p e r r n i s s i o n t o t h e s t a f f a n d e m p l o y e e s o f J e e p a n d M o p a r f o r t h e f o l l o w i n g :
1 . U s e o f t h e p a r k i n g l o t a n d r e s t r o o m f a c i l i t i e s o f W a l k e r D r u g l o c a t e d a t 2 9 0
S o u t h M a i n ' i n . M o l a b , U t a h ;
2 . U s e o f t h e l o t a n d r e s t r o o m f a c i l i t i e s w i l l b e i n c o n j u n c t i o n w i t h t h e 4 4 t A n n u a l
M o a b J e e p S a f a r i f r o m M a r c h 2 8 - - A p r i l 3 , 2 0 1 0
A p p r o v e d b y :
, e . . 4 k ) i k o s - r
V i v i a n K l o c k o
W a l k e r D r u g
D a t e
P a g e 2 6 o f 9 2
1
MA-► m -i
sr
1r
111
�f
1
Pao,. 27 of 92
W
1VIOr'__B CITY
MOVED -ON STRUCTURE PERMIT
BUSINESS NAME:
OWNER'S NAME
MAILING ADDRESS:
Li.Ast-N+04e5- J
/47x
(-1 ?ci (ke_46.s-w r.+- P�
BUSINESS PHONE: ei70 ski CJ ar)
OWNER'S PHONE:
LovQc...44.49 r
PROPOSED USE OF STRUCTURE: SL,tJ� 14_ 5 S 5;4- I.S' -14- 31-4-it, 461-5'
TYPE OF STRUCTURE: j- A4vap,r4-G t„z&-4 4 ! le S %e c-ivr&-e. `-rfe_ At:
ADDRESS OF PROPOSED STRUCTURE'S LOCATION ��7 l -S. 494-ri J /./ .0hil3
NAME OF PROPERTY OWNER (PRINT): frt AD C CC e2
I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY
PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE:
/f
IGNATURE OF OWNER NG
LOCATION OF RESTROOM FACILITIES: 7 `q I A.4-c N USE OF RESTROOM FACILITIES:
COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE:
I ZONE: G�
Zonin• Administrator's Signature:
V1T .- IDl1212AVISIC:LSCAbE Fig
BUILDING PERMIT REQUIRED: ❑ YES Jar)
BUILDING INSPECTOR'S SIGNATURE:
IOYEs ❑ No
�A
44.
II AfPL-ICAll
DATE APPROVED BY CITY COUNCIL
SIGNATURE OF CRY RECORDER
MOVED -ON STRUCTURE TERM: FROM 3 -AC_ atap TO % ` 5' - ?die
Required inspections on back.
MOVED -ON STRUCTURE FEE:
I 1 % STATE TAX:
$375.00
3.75
$378.75
PYMT REC'D
CITY OF MOAB
MAR —12010
RGccip�- No. l9016
mar 378.75
�S u
5-4
CITY OF MOAB
MOVED -ON STRUCTURE INSPECTIONS
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
BUSINESS NAME: r t edi Vie, �-Zbe f J C-r-L e Cm
ADDRESS OF MOVED -ON STRUCTURE: 79 ( S A ` -; A frlUH"A Lir-
THE FOLLOWING INSPECTIONS ARE REQUIRED PRIOR TO CONDUCTING BUSINESS. OBTAIN THE REQUIRED
SIGNATURES THEN RETURN YOUR PERMIT TO THE CITY RECORDER'S OFFICE FOR FINAL APPROVAL.
BUILDING INSPECTOR
(435) 259-1343
125 EAST CENTER
BUILDING PERMIT # (iF REQUIRED)
INSPECTION REQUIRED:
❑ YES 0 NO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION
APPROVED 0 DISAPPROVED 0
REASON:
SIGNATURE
FIRE INSPECTOR
(435) 259-5557
45 SOUTH 100 EAsT
INSPECTION REQUIRED:
0 YES ❑ NO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION
APPROVED ❑ DISAPPROVED ❑
REASON:
SIGNATURE
HEALTH INSPECTOR
(435)259-5602
471 SOUTH MAIN
INSPECTION REQUIRED:
❑ YES ❑ NO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION
APPROVED 0 DISAPPROVED ❑
REASON:
SIGNATURE
Cn
Page 29 of 92
%a II ■ jp" I"1 in e
7
vim__ 790
DART pARA•ms
LOT'
60 •
!-m- NNesM Ni�/dWAy i�/
4r
a
fri/Stltaiir SourW 41-.P
Page 30 of 92
LO
I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY
PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE:
0N „ir
, ( s'
y
RE
BUSINESS NAME: VJeSeel" S!11 O s InaV e IL BUSINESS PHONE: 861 3 a "?
OWNERS NAME 5c>S V� geZae r
MAIUNGADDRESS: 751 E. S-ludtUW% Phre
PROPOSED USE OF STRUCTURE:
OWNERS PHONE: 861 O 3 0 "737 /
Prow� dA---ak 246 ti 1
` b Se l� S ro(e) Cone-S
TYPE OF STRUCTURE: kt- a, l 1 �r
ADDRESS OF PROPOSED STRUCTURE'S LOCATION 3, 56J-0-N PA ` I N
NAME OF PROPERTY OWNER (PRINT): SZO .e,"Ot"• p �� 6.(-=
C 0. rya Yl � h dad i k j SIGNATURE R OWNER LMES:41NG
LOCATION OF RESTROOM FAdunES: ` f Si CI
OF RESTROOM FAgLfiIES:
OYES ❑ No
COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE:
ZONE: G
Zoning Administrator's Signature:
ix 0
BUILDING PERMIT REQUIRED: 0 YES
BUILDING INSPECTOR'S SIGNATURE:
DATE APPROVED BY CRY COUNCIL
MOVED -ON STRUCTURE TERM: FROM (Al1-
Required Inspections on back. J
A it
&ew►Tuka wart RECORDER ,
To S er+
MOVED -ON STRU
$375.00
1 % STATE TAX: 3.75
$378.75
EE:
PYMT RE=
CITY OF MOAB
MAR 19 2010
�/� / �S
AMr
Page 31 of 92
" 2 �
8
7
V
C . P s N Y o s 0
' r 0 . C t t y t 1 4 4 ? 0 S i
g O t A k M p r 1 N
i
i
f
5 - 5
N
O
N
C O
N
C O
F r . P i t x t h . n t c f . / X 1 ' f
MAR-15-2010 12:29 PM
11.:11."1 %. ...--
P.02
Date:
IKAL CO 5En
Attn: DAB Licens' dt �tm�liance ec ' n
, [ ] City [ ] Town [ ] County
hereby grants its consent to the issuance of an on -premise beer (non -tavern) retailer license to:
Business Name:
Applicant / Business Owner: , �,+_{.� 4,44>t)4.
Location Address: , S . ex, 0. 04.0a b f err
Pursuant to the provisions of Utah Code 32A-10, Part 2, this license allows for the storage, sale and
consumption of beer on the premises.
E
Check if applicable
LOCAL CQNBENIT Fogyftosammadreg
In accordance with Utah Coda 32A-10.201(3), 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
'This is a suggested %rm. A city, town, or county's own form is acceptable.
Local consent may be faxed to the DABC at 801-977-6889 or mailed to:
Department of Alcoholic Beverage Control
PO Box 30408
Salt Lake City, UT 84130-0408
an i 4e AO holm. 7 44 f10%
MOO 6 of 35
Page 33 of 92
Print Name / Title
5-6
Thursday
March 18, 2010
Mayor and Moab City Council
217 E. Center St.
Moab, Utah 84532
RE: Old City Park
Dear Mayor and Council,
I would like to request the use of the Old City Park two amplified music events.
The dates and times of these events will be Saturday May 8th, 12 P.M. noon until 9P.M.,
also Sunday May 9th, 12 Noon until 6 P.M. These events will consist almost entirely of
local talent. This local showcase of music and art is the only outdoor event of its kind.
These will be free concerts open to the entire community. The Moab Arts Council has
given wonderful support. Thank you for consideyi these requests.
Sincerely,
Jasper Groff
775 Millcreek Dr.
Moab, Utah 84532
435-260-0420
Page 34 of 92
CONSERVATION EASEMENT
For valuable consideration, the sufficiency of which is hereby acknowledges,
Portal Vista, LLC (herein: Grantor) of Moab, County of Grand, State of Utah, hereby
grants, warrants, and conveys a nonexclusive easement for retention of open space to the
City of Moab, a Utah municipal corporation (herein: Grantee), as set forth herein.
EASEMENT GRANT
1. Easement Property. Grantor hereby conveys an easement to the City over, under,
and across the lands in the County of Grand, State of Utah, more particularly
described in the attached Exhibit A ("Easement Property"). Grantor warrants
good and marketable title to the Easement Property, free and clear of any liens or
encumbrances.
2. Purpose. The purpose of the easement shall be for the guarantee of the retention
of open land area pursuant to Moab Municipal Code Section 17.66.
3. Right of Entry. The easement property shall be maintained by Grantor at its own
expense. City personnel or authorized representatives shall be permitted to enter
upon the Easement Property to ensure compliance with this Agreement at any
time and without prior notice.
4. Nonexclusive Use. The City's use of the Easement Property shall be non-
exclusive with respect to the use by the Grantor or any successors in title. All
easements in effect as of the date of this agreement shall remain in full force.
Any future easements granted by Grantor for the property or any expansion of
existing easements shall be consistent with the terms of this agreement.
5. Prohibited Uses. With the exception of uses permitted by easement as of the date
of this agreement, the following uses shall not be permitted on easement property:
(a) constructing, placing or maintaining of any building, mobile home, or
other temporary or commercial structure on, above or below the Property
except as permitted in Section 6 below;
(b) the installation of underground storage tanks or the placing, filling,
storing, processing, dumping or other disposal on the Property of soil,
refuse, trash, vehicle bodies or parts, hazardous waste, rubbish, debris,
junk, waste or other such substance whether or not generated on the
Property except as reasonably required for the use of the property for
normal agricultural production as provided for in Section 6;
(c) the placing of commercial signs, billboards or outdoor advertising
structures;
(d) any use not allowed for the underlying zoning of the Property;
(e) the paving or otherwise covering with asphalt, gravel or any other paving
material of any portion of the Property or the construction, maintenance of
1
Page 35 of 92
any road except as provided for in Section 6 below.
(f) Any unanticipated activity or use of the Property which would be contrary
to the purpose of this Easement.
6. Reserved Rights. The provisions of Section 5 herein notwithstanding, Grantor
reserves to itself and its successor and assigns all rights accruing from its
ownership of the Property, including the right to engage in, or permit or invite
others to engage in, all uses of the Property that are not expressly prohibited
herein and which are not inconsistent with the purpose of this Easement. The
following rights are expressly reserved:
(a) the right to conduct agricultural activities that are allowed in the
underlying zone;
(b) the right to plant and maintain landscaping, trees, lawn and natural
vegetation
(c) the right to install playgrounds and other park amenities
(d) the right to install non -motorized trails, footpaths and sidewalks
(e) the right to engage in recreational and community activities;
(f) the right to post all or a portion of the Property against hunting and/or
motorized activity;
(g) the right to lease or grant less than fee interests in all or a portion of the
Property for any use permitted to Grantor under this Easement, provided
that such lease or other interest is consistent with and subject to the other
terms of this Easement; and
(h) the right to construct underground cisterns, water storage tanks and
irrigation systems to serve agricultural activities as permitted by this
Agreement;
(i) the right to allow public access
(j) the right to construct a storage shed to store items necessary for the
maintenance of the Property;
(k) the right to construct and operate a sewer lift station.
7. Easement to Run with the Land. The easement granted herein shall run with and
bind the lands described in perpetuity, unless terminated or abandoned as set forth
below.
8. Termination. This easement shall not terminate by abandonment, non-use, or
otherwise.
9. Enforcement. Prior to commencing any action to enforce this easement, the
affected party shall serve upon any party alleged to be in breach a written notice
providing a period of not less than thirty (30) days in which to cure or abate the
offending condition, except that in case of emergency it shall not be necessary to
deliver notice and an opportunity to cure prior to seeking enforcement. In any
judicial proceeding to enforce this easement remedies shall include
injunctive/declaratory relief, damages, or both, together with reasonable attorney
2
Page 36 of 92
fees and court costs to the substantially prevailing party.
10. Venue, Controlling Law. Venue for any dispute concerning this easement shall
be in the Seventh Judicial District Court, Grand County, Utah. The easement is
governed by Utah law. In any enforcement proceeding trial shall be to the Court,
and not to a jury.
11. Authority of Signatories. This instrument constitutes a valid and binding
conveyance on behalf of the parties described below. The signatories each
warrant authority to sign for and bind their respective entities.
3
Page 37 of 92
02/25/2010 08:14 801-746-1102
ROGER KNIGHT CONSTRU PAGE 03
CONSERVATION EASEMENT AGREEMENT
Approved and accepted on this day of 6) , A.D. 2010.
GRANTOR: Portal Bark. LC
Inft Signatory Name
1ts:�?
STATE OF UTA1 t )
County of Salt Lake )
On the y /11- day ol" jayyd) . 2Q10, Roger J. Knight, the signer of
the above instrument. personally appeared befo me and acknowledged that they
executed to same. Witness my hand and otli seal.
Nota
Public, State
Residing at: ,L LD-6/!Ce C-ir 1 Or
My Commission Expires: T' a/ ' gd if
GRANTEE: City or Moab, a Utah Municipal Corporation
CITY OF MOAB
By:
Mayor
Page 38 of 92
ATTEST:
City Recorder
5-8
MOAB VALLEY
HEALTHCARE
March 8, 2010
Allen Memorial Hospital
719 West 400 North
Moab, UT 84532
ph: (435) 259-7191
fax: (435) 259-5172
The Honorable David Sakrison, Mayor
Ms. Donna Metzler, City Manager
City of Moab
217 E, Center Street
Moab, UT 84532
Dear Mayor Sakrison and Ms. Metzler:
As you are aware, Moab Valley Healthcare, Inc. is in the process of replacing the
existing Allen Memorial Hospital with a new state-of-the-art physical plant to house the
new Moab Regional Hospital. This project is currently underway due to the efforts and
support of numerous individuals and groups, not the least of which is the City of Moab.
In May of 2009, the City demonstrated its support of this initiative in a very tangible
and much needed manner by waiving building permit fees for the hospital and the
attached medical office building (MOB).
In anticipation of successfully recruiting (up to) four new physicians to town by the
time the new hospital opens, it has become necessary to expand the medical office
building sooner than previously anticipated. The expansion will be comprised of a
10,500 sq. ft. structure of the same design and construction as the original MOB. All
requisite approvals have been procured from HUD, as has supplemental funding from
US Bank. Hogan Construction is poised to begin construction as soon as the necessary
permits and approvals have been issued. It is very important from both expense and
logistical standpoints that this project be undertaken and completed as part of the
current construction efforts so as to ensure our ability to take advantage of the
economies of scale available through such an arrangement.
The purpose of this letter is to respectfully request the City's further support of the
project through the waiver of building permit fees for the addition in the amount of
$9,929.66, as computed by your building department officials. We are pleased with the
progress the construction is making and hope that this request can be considered and
acted upon in an expeditious manner so as to be able to integrate this addition into the
construction schedule while the necessary crews are still available on site.
Page 1 of 2
5-9
Page 39 of 92
I would be happy to respond to any questions or concerns regarding the request and
plan to be at the next City Council meeting for that purpose. In the interim, I can also
be reached at the hospital - 435-259-7191, ext. 102, or on my cell phone - 435-260-9299.
Thank you for your kind consideration of this request.
Sincerely,
Roy/'ough
CEO/ Administrat
Page 2 of 2
5-9
Page 40 of 92
APPLICATION FOR BUILDING PERMIT AND/OR CERTIFICATE OF OCCUPANCY
BUILDING DEPARTMENT - CITY OF MOAB - GRAND COUNTY, UTAH
Building
Address 47/o fi - [w)[LLlkt� 5 &My /4449Ali L
Subdivision
Assessor's
Parcel #
W
W
m
ae
�a
C3
CC
ac
CO
es
CI
x
CO
ca
cS
W
tY
Name wtOms l��¢44-46,
Mail Address 711 (/J/4,� / 1M-17
A-6 3f'
City 04.O � �� g��3 L 1�e1. oZ3e37,9,
Address .2/s-b to . /3-0-0
City Lic. # T . N29?1G—iz••••0
Name
Receipt No.
Date Issued
?
Permit Number
BUILDING FEE SCHEDULE 6 f
Square R. of Building / D� Or-0 valuation /, 7 ♦r 0, ? L 0
00
❑ Rough Basement
❑ Finish Basement
Building Fees
Plan Check Fees
pya
9.7v
6 -v
Carport Sq. Ft.
Water Conn.
State tic. # t93
Garage Sq- R
TYPe of Bldg.
No. of Bidgs.
No. of Stories
2
Occ. Group
/J
R
R. Value
Walls I Roof
R
Reinspection
1 % State
f3
�G
Water Dev.
Water Meter
Impact
No. of
Bedrooms
No, of
Dwellings
Name [412iN 0-0N617-44.4.no4
Address A/0 /ID . 41a Wa i eC-01r - c [.E
l TeI.)No. 70 --Woo
City Lic. #
Type of Construction
❑ Frame ❑ Brick Vac
❑ Brick ❑ Block ❑ Concrete ❑ Steel
Max. Occ. Load
Fire Sprinkler ❑ Yes ❑ No
Total
97-2.Y
GG
state Lie. # l���f,� 2�9jG—�S.D/
Name %`� 9/24 ►t6i4) ��4— .�
Address r
City Lic. Ak 1 l
State Lic. #
Tel. No.
MECH. CONTRACTOR 1 PLUMB. CONTRACTOR
Name t6a 1446047400JCI�l�
Address ,,y - � A
`{� City Lic. #VeTel. No.
State Lic. #
SPECIAL INFORMATION
/ 0 d 3 o06 /
CULINARY WATER: ❑ Well /� Utility
SEWAGE: ❑ Septic Tank Al Sewer Other
Fire Department
Name R..C44 11 [ CA-4—
Address
City Lic. #
State Lic. #
Tel. No.
Type of Improvement/lGnd of Const.
❑ Sign ❑ Build ❑ Remodel ❑ Addition
❑ Repair ❑ Move ❑ Convert Use ❑ Demolish
No. of offstreet parking spaces:
Covered Uncovered
Flo Plain Permit
Np - c�k�P
Moab City Public Works ��!(7" //
SVW & SID
Approved:
Date
B
ZONING ADMIN.
SUB -CHECK
Zone
r.9N
Zone Approved By
Disapproved
Approved Sub-Ck. By
Date
Minimum Setbacks In Feet
Front
Side
Side
Rear
f
Indicate Street
It Comer Lot
Indicate North
Plot Plan
C
House or
House & Garage
M
Attached
( )
Approved.
Date
By
HEALTH DEPARTMENT
Approved:
Date S —/1".
By
BUILDING DEPA
I hereby acknowledge that I have read this appl' : ion and state
above is correct and agree to comply with all Ci or County Ordinan
State Laws regulating building construction, zo ng, and sanitatio
Date: i , , _ Q 3
Signature of Permittee
hat the
;es and
5-9
NOTE: 24 hours notice Is required for all inspections.
Street
Page 41 of 92
by
LEASE AND SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF MOAB
AND THE HUMANE SOCIETY OF MOAB VALLEY
This agreement, entered into effective , by and between the Humane
Society of Moab Valley (hereafter "Humane Society") and the City of Moab, a municipal
corporation (hereafter "City").
RECITALS
A. City warrants and represents that it owns and operates the Moab City Animal Shelter
located at 956 Sand Flats Road Moab, Utah, herein after referred to as "the Shelter";
and
B. City wishes to lease to Humane Society, and Humane Society wishes to lease from
City, under the terms and conditions of this agreement, office space at the Shelter;
and;
C. City and Humane Society wish to cooperate with respect to the provision of animal
fostering, animal adoptions, community education and animal shelter services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. Lease of the Premises. City hereby agrees to lease to the Humane Society, and
Lessee hereby leases from Lessor, the following described premises:
One office located in the Moab City Animal Shelter.
2. Term. The term of this lease shall commence on the date of occupancy of the
Premises by the Humane Society following notification from the City that the
premises are available for occupancy. Notice of termination of this lease may be
given by either parry with 90 days written notice.
3. Rent. The parties agree that rent shall be free of charge, provided that other
provisions of this agreement are upheld. Telephone and interne charges shall be the
responsibility of the Humane Society, along with all other operational expenses of
the Humane Society.
4. Provision of Services and Operation of Humane Society. The Humane Society shall
house their administrative office at the Shelter. They shall provide services to the
community within the purview of the in -effect by-laws, and policies and procedures
of the Humane Society. Patrons and employees of the Humane Society may utilize
Page 1 of 6
Page 42 of 92
the office space within the Shelter to conduct Humane Society business and
transactions. Humane Society employees and volunteers may provide public contact
and animal care functions for the Shelter at the direction and discretion of the
Animal Shelter Manager, and as provided for in the City of Moab Animal Shelter
Policies and Procedures Manual. The Humane Society and City Animal Control and
Animal Shelter employees will work together to find suitable homes for animals
brought into the Shelter and to provide education and other animal related services to
the community
5. All Activities at Shelter to be According to Animal Shelter Policies and Procedures.
All activities at the animal shelter shall be governed by the City of Moab Animal
Shelter Policies and Procedures Manual, a current copy of which is attached to this
agreement and which may be revised from time to time. All revisions to the Animal
Shelter Policies and Procedures shall be in writing and shall be submitted to the
Humane Society within 14 days of revision.
6. Notice. Wherever in this lease it is required or permitted that notice or demand be
given or served by either party on the other, such notice or demand shall be deemed
given or served when written and hand delivered, or deposited in the United States
Mail, certified, return receipt requested, postage prepaid, addressed as follows:
To City at:
Moab City Offices
217 East Center Street
Moab, Utah 84532
To Humane Society:
Humane Society of Moab Valley
P.O. Box 1188
Moab, Utah 84532
7. Use. Humane Society shall use the Premises for the day-to-day office functions of
the Humane Society of Moab Valley, and shall not use or permit the Premises to be
used for any other purpose without written consent of the City. Said written consent
shall be obtained from the City Manager. Humane Society agrees that no use
consuming abnormally high utility or other service costs, such as computer use not
customary of an office of the size and type contemplated in this lease, shall be
permitted in the Premises.
8. Compliance with Laws and Regulations. Humane Society agrees to observe all laws
and governmental regulations applicable to its use of the Premises, together with all
reasonable rules and regulations that may be promulgated by the City from time to
time.
Page 2 of 6
Page 43 of 92
9. Alterations by Humane Society. Humane Society will make no alterations to the
Premises. Any damage to the Premises caused by the Humane Society or Humane
Society patrons shall be paid for by the Humane Society.
10. Hazards. Humane Society shall not use the Premises, nor permit them to be used,
for any purpose which shall increase the existing rate of insurance upon the
Building, or cause the cancellation of any insurance policy covering the Building, or
sell or permit to be kept, used, or sold in or about the Premises, any article that may
be prohibited by the City's insurance policies.
a. Humane Society shall not deposit or leave any waste upon the Premises, nor
cause any public or private nuisance or other act that may disturb the quiet
enjoyment of any other tenant, nor shall Humane Society allow the Premises
to be used for any improper, immoral, unlawful, or unsafe purpose,
including, but not limited to, the storage of any flammable materials. In no
case shall this section be construed to mean that the Humane Society is
prohibited from storing animal vaccines and materials to administer said
vaccines.
11. Care of the Premises. Humane Society agrees to take good care of the Premises,
including regular surface cleaning of floors. Humane Society shall keep the
Premises in a manner presentable to the public, as determined by the Shelter
Manager.
12. Liability. Humane Society agrees that City shall not be liable for any damage or
injury to persons or property arising out of the use of the Premises by Humane
Society, its agents and employees, invitees, or visitors except that occasioned by the
negligence or act of the City, its agents, employees, servants, contractors, or
subcontractors.
a. Humane Society will indemnify and save City harmless from all liability and
loss on account of any such damage or injury; but Humane Society shall not
be liable for any damage or injury occasioned by any failure of City to
comply with its obligations under this Lease or by reason of the negligence
of the City, its agents, servants, employees, contractors, or subcontractors.
b. Humane Society shall be responsible, at its expense, for fire and extended
coverage insurance on all of its personal property, including removable
trade fixtures, located in the leased Premises. Humane Society shall, at its
own expense, maintain a policy or policies of comprehensive general
liability insurance with respect to its particular activities within the
Building. Such insurance policy shall afford minimum protection of not
less than $1,000,000 combined single limit coverage of bodily injury,
property damage or combination thereof. Humane Society shall provide
Page 3 of 6
Page 44 of 92
City with current Certificates of Insurance evidencing Humane Society's
compliance with this Paragraph.
13. City's Right to Inspect. Humane Society agrees to permit City and its authorized
representatives to enter the Premises at all reasonable times during usual business
hours for the purpose of inspection, or for the making of any necessary repairs for
which the City is responsible or feels necessary for the safety and preservation of the
Premises or for the performance of any work on the premises that may be necessary
to comply with any laws or regulations of any public authority.
14. Utilities. City agrees to provide, at its expense, to or for the Premises, adequate
heat, electricity, water, air conditioning, replacement light tubes, trash removal
service, and sewage disposal service, in such quantities and at such times as is
necessary to Humane Society's comfortable and reasonable use of the Premises.
Lessee shall provide for its own use telephone, internet and other services not
provided for herein. Air conditioning will be supplied to cause the temperature in
the interior of the Premises to be not greater than 78 degrees at all times and heat
will be supplied as necessary to cause the temperature to be not less than 68 degrees
at all times.
15. Janitorial Service. City agrees to provide in the Premises, at City's expense,
janitorial services deemed adequate by the City.
16. Interruption in Service. In the event of any interruption or malfunction for any
reason of any utility or service to the Premises or Building, City shall use reasonable
diligence to restore the utility or service. However, any such interruption or
malfunction, if restored within a reasonable time, shall not entitle Humane Society to
be relieved from any of its obligations under this Lease, or grant Humane Society
the right of set-off or recoupment of rent, or be considered a breach by City, or
entitle Humane Society to any damages. Should any of the equipment or machinery
break down, or for any cause beyond the reasonable control of City cease to function
properly, the City shall use reasonable diligence to repair the machinery or
equipment promptly, but Humane Society shall have no claim damages on account
of any interruptions in service occasioned by or resulting from any such breakdown
or cessation for the length of time reasonably required for repair.
17. Assignment and Subletting. Humane Society may not sublet or assign its interest
under this Lease.
18. Default by Humane Society. Should at any time should the Humane Society not
comply with the terms and conditions of this Lease, or should the Humane Society
be dissolved or cease to function as provided for in this agreement, or should the
Humane Society fail to follow the established City of Moab Animal Shelter Polices
and Procedures, or if the leased office is not used as provided for herein for a period
exceeding 30 days, the Humane Society shall be deemed to be in default of this
Page 4 of 6
Page 45 of 92
agreement. The Police Chief shall make the determination of default after an
opportunity to remedy has been afforded and an informal hearing has been held
according to the dispute resolution procedures provided for in the City of Moab
Animal Shelter Policies and Procedures Manual. Notice of default shall be provided
in writing. After notice of default, Humane Society shall have 10 days to remove
Humane Society property from the Premises. If said property is not removed within
the specified time, said property may be removed and stored in a public warehouse
or elsewhere at the cost of, and for the account of, Humane Society.
19. Recovery of Damages. Should the City at any time terminate this lease under the
City's express rights set forth in this Lease for any breach or default, the City may,
in addition to any other remedy it may have, recover from the Humane Society all
damages incurred by reason of the breach or default, including the cost of recovering
the Premises.
20. Redelivery of Premises. Humane Society agrees to redeliver to Lessor the physical
possession of the Premises at the end of the term of this Lease, or any extension of
this Lease, in good condition, excepting reasonable wear and tear, and damage by
fire or from any other cause not attributable to the willful or negligent act of the
Lessee, or its employees, agents, invitees, or visitors.
21. Attorneys' Fees. If either party is required to place the enforcement of all or any part
of this Lease, the recovery of possession of the Premises, or damages in the hands of
an attorney, or if legal proceedings are commenced by either party against the other
party to protect or enforce rights or obligations under this Lease, the prevailing
party, whether as Plaintiff or Defendant, shall be entitled to recover its reasonable
attorneys' fees and costs.
22. Time of Essence. Time is of the essence in this lease.
23. Mutuality. All covenants and conditions in this Lease are mutually dependent.
24. Refurbishments. The City may, at its discretion, perform refurbishments to the
Premises. The Humane Society may request that the City make refurbishments to
the Premises, and the City, may at its discretion, perform said refurbishments, or
other refurbishments as determined by the City. The City shall not be required to
make refurbishments to the Premises. The City shall be responsible for normal
maintenance and repair of the Premises, and shall include the Premises in standard
maintenance and repair activities provided for the Building, including but not limited
to repainting.
This instrument is executed as of the above date in multiple counterparts, each of which
shall constitute an original.
CITY OF MOAB:
Page 5 of 6
Page 46 of 92
Mayor David L. Sakrison
Attest:
Rachel Ellison, City Recorder/Assistant City Manager
HUMANE SOCIETY OF MOAB VALLEY:
By: Diane Allen, Secretary, for E.J. Gore, President
State of Utah
County of Grand
)
§
)
On the day of , personally appeared before me
, who duly acknowledged to me that they executed
the same.
Notary Public
My Commission Expires: Residing in: Grand County
Page 6 of 6
Page 47 of 92
CONSULTING SERVICES AGREEMENT
Lions Park Planning and Design
Project No. 8M0A010100
Agreement entered into on this date of , 2010, by and between:
Client:
Name: City of Moab
Address: 217 East Center Street
Moab, UT 84532
Consultant:
Name: PSOMAS
Address: 4179 Riverboat Road #200
Salt Lake City, Utah 84123
Phone: 435-259-5129 Fax: 435 259 4135 Phone: 801-270-5777 Fax: 801-270-5782
Email: david@a,moabcity.org Email: jcochran@a,psomas.com; sharen.hauri@psomas.com
Client and Consultant agree as follows:
A. Client retains Consultant to perform services for:
Professional Design Services for Lions Park Planning and Design, hereinafter referred to as the "Project' and more
specifically detailed and referenced in attached Attachment A -- Scope of Services and Compensation, Attachment
B — Request for Proposals, and Attachment C — Lions Park Design Guidelines.
B. Consultant agrees to perform the services as set forth in Attachment A, pursuant to Attachment B, and in
accordance with Attachment C.
C. Client agrees to compensate Consultant for such services hereunder as set forth herein and in Attachment A,
which is attached hereto.
D. This Agreement is subject to the further provisions of the Agreement contained in Sections 1 through 12
below, along with the provisions of the following attachments:
Attachment A --
Attachment B --
Attachment C --
Scope of Services and Compensation
Request for Proposals
Lions Park Design Guidelines
Attachments A, B and C are hereby incorporated by reference.
This AGREEMENT BETWEEN CLIENT AND
CONSULTANT is made by and between PSOMAS, a
California Corporation, hereafter ("Consultant") and the City
of Moab, hereafter ("Client"), who agree as follows:
1. Engagement. Client hereby engages Consultant, in
an independent contractor relationship, effective March 23,
2010 ("Effective Date") pursuant to the terms of this
responsibilities and obligations under this Agreement. Both
Client and Consultant shall endeavor to maintain good
working relationships among members of the Project team.
The Consultant and the Client shall each identify a project
representative authorized to act on behalf of their respective
entities.
2. Scope of Services. Consultant agrees to perform
Agreement, to provide services for the Project as more certain work in connection with the Project as more
particularly described herein. Client and Consultant agree to particularly described in Attachment A, pursuant to
cooperate with each other in order to fulfill their Attachment B, and in accordance with Attachment C.
Page 48 of 92
5-11
2.1 Survey. The Client shall provide the
Consultant with an accurate, up-to-date survey.
2.2 No Additional Documents. With the exception
of any documents necessary to satisfy the insurance
requirements as provided for in Section 5.6 herein, Consultant
shall not be required to execute any documents subsequent to
the signing of this Agreement that in any way might, in the
judgment of Consultant, increase Consultant's contractual or
legal obligations or risks, or the availability or costs of his or
her professional or general liability insurance.
2.3 Change Orders. Any change to this Agreement
(including the scope of services and payment for services)
shall be in a writing signed by Client and Consultant.
Changes to this Agreement shall be approved in advance by
the Moab City Council and signed by the Mayor.
2.4 Schedule. Consultant shall perform services
according to the Schedule provided in Attachment A.
Significant deviations from the Schedule shown in
Attachment A shall be agreed upon in writing by both parties.
3. Excluded Services.
3.1 Soil Testing. The Client shall be responsible
for all soil testing.
3.2 Construction Staking Services. If the scope of
services to be provided by Consultant pursuant to the terms of
this Agreement includes the preparation of grading plans but
excludes construction staking services, Client acknowledges
that such staking services normally include coordinating civil
engineering services and the preparation of record drawings
based upon information provided by others, and Client will be
required to retain such services from another consultant or
pay Consultant pursuant to this Agreement for such services
as Extra Services in accordance with Section 6.7, provided
that no Extra Services shall be provided by Consultant
without prior written consent of Client.
3.3 Construction Phase Services. If the scope of
services attached to this Agreement does not include
construction -phase services for this Project, Client
acknowledges such construction -phase services will be
provided by Client or by others and Client assumes all
responsibility for interpretation of the contract documents and
for construction observation and supervision, and waives any
claim against Consultant that may in any way be connected
thereto.
3.4 Indemnity for Excluded Services. Client
agrees to indemnify and hold Consultant harmless from any
loss, claim, or cost, including reasonable attorneys' fees and
costs of defense, arising or resulting from the performance of
any services by other persons or entities and from any and all
claims arising from the modification, clarification,
interpretation, adjustments or changes made to the contract
documents to reflect changed field or other conditions, except
for claims arising from the sole negligence or willful
misconduct of Consultant.
4. Termination.
4.1 Notice of Termination. Consultant or Client
may terminate this Agreement on ten (10) days prior written
notice if the other party fails to substantially perform under
this Agreement and the party giving notice of the termination
does not cause the failure.
4.2 Release. In the event this Agreement is
terminated before the completion of all services, unless
Consultant is responsible for such early termination, Client
agrees to release Consultant from all liability for services
performed.
4.3 Payment for Services. In the event all or any
portion of the services by Consultant are suspended,
abandoned, or otherwise terminated, Client shall pay
Consultant all fees and charges for services provided prior to
termination, not to exceed the contract limits specified herein,
if any. Client acknowledges if the Project services are
suspended and restarted, there may be additional charges due
to suspension of the services which shall be paid for by Client
as Extra Services pursuant to Section 6.7. Project services
shall not be suspended except by written agreement by both
parties, or in case of failure to substantially perform. In the
case of suspension, services shall not be restarted unless
agreed to in writing by both parties.
4.4 Termination Costs and Expenses. Client
acknowledges Consultant has the right to complete all
services agreed to be rendered pursuant to this Agreement.
Client acknowledges if Project services are terminated for the
convenience of Client, rather than failure by the Consultant to
substantially perform under this Agreement, Consultant is
entitled to reasonable termination costs and expenses, to be
paid by Client as Extra Services under Section 6.7, and to be
agreed to in writing by both parties.
5. Contract and Construction Management.
5.1 Information Provided by Client. The Client
shall provide all information about the Project necessary for
Consultant to provide services under this Agreement. Such
information shall be provided completely and promptly to
Consultant to facilitate timely progress of the services
provided.
5.2 Additional Information. Upon Consultant's
request, Client shall execute and deliver, or cause to be
ND: 4843-0907-8529, v. 1
2
Page 49 of 92
5-11
executed and delivered, such additional information,
documents or money to pay governmental fees and charges
which are necessary for Consultant to perform services
pursuant to the terms of this Agreement.
5.3 Project Supervision. Client agrees that in
accordance with generally accepted construction practices, the
construction contractor and construction subcontractors will
be required to assume sole and complete responsibility for job
site conditions during the course of construction of the
Project, including safety of all persons and property, and that
this requirement shall apply continuously and not be limited
to normal working hours. Neither the professional activities
of Consultant nor the presence of Consultant or his or her
employees or sub -consultants at a construction site shall
relieve the contractor and its subcontractors of their
obligations, duties and responsibilities including, but not
limited to, construction means, methods, sequence, techniques
or procedures necessary for performing, superintending or
coordinating all portions of the work of construction in
accordance with the contract documents and applicable health
or safety requirements of any regulatory agency or of state
law.
5.4 Field Conditions. Client acknowledges that the
design services performed pursuant to this Agreement are
based upon field and other conditions existing and known to
Consultant at the time these services were performed. Client
further acknowledges that field and other conditions may
change by the time Project construction occurs and
clarification, adjustments, modifications and other changes
may be necessary to reflect changed field or other conditions.
Such clarifications, adjustments, modifications and other
changes shall be paid for by Client as Extra Services in
accordance with Section 6.7. Consultant shall not perform
Extra Services without prior written approval from Client.
5.5 Change in Conditions. If, during the
construction phase of the Project, Client discovers or becomes
aware of changed filed or other conditions which necessitate
clarifications, modifications or other changes to the plans,
specifications, estimates or other documents prepared by
Consultant, Client agrees to notify Consultant immediately
and retain Consultant to prepare the necessary changes or
modifications before construction activities proceed. Further,
Client agrees to require a provision in its construction
contracts for the Project which requires the contractor to
promptly notify Client of any changed field or other
conditions so that Client may in turn notify Consultant
pursuant to the provisions of this Section. Any Extra Services
performed by Consultant pursuant to this Section shall be paid
for as Extra Services pursuant to Section 6.7. Consultant shall
not perform Extra Services without prior written approval
from Client.
5.6 Insurance. Consultant shall
maintain insurance as provided for below:
A. General Liability
Each Occurrence
Damages to Rented (per occurence)
Med Exp (any one person)
Personal and Adv Injury
General Aggregate
Products — Comp/Op Agg
B. Automobile Liability
Combined Single Limit (ea accident)
C. Workers' Compensation
E.L. Each Accident
E.L. Each Disease — Ea Employee
E.L. Disease — Policy Limit
D. Professional Liability
Claim
Annual Aggregate
$1,000,000
$ 500,000
$ 10,000
$1,000,000
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$2,000,000
$2,000,000
5.7 Review by Client. Client agrees to require its
contractor and subcontractors to review the plans,
specifications and documents prepared by Consultant prior
to the commencement of construction -phase work. If the
contractor or subcontractors determine there are deficiencies,
conflicts, errors, omissions, code violations, improper uses of
materials, or other deficiencies in the plans, specifications and
documents prepared by Consultant, the contractors and
subcontractors shall be required to notify Client so those
deficiencies may be corrected by Consultant prior to the
commencement of construction -phase work.
6. Compensation.
6.1 Monthly Billing. All fees and other charges
due Consultant will be billed monthly and shall be due at the
time of billing unless specified otherwise in this Agreement.
If Client fails to pay Consultant within thirty (30) days after
invoices are rendered, and Client has been notified of said
failure to pay and fails to cure within 10 days of said
notification, Consultant shall have the right in its sole
discretion to consider such default in payment a material
breach of this entire agreement and, upon written notice as set
forth in Section 2.3 above, Consultant's duties, obligations
and responsibilities under this Agreement may be suspended
or terminated. In such event, Client shall promptly pay
Consultant for all outstanding fees and charges due
Consultant at the time of suspension or termination. If
Consultant elects to suspend or terminate Consultant's
services pursuant to this provision, Consultant is entitled to
reasonable suspension or termination costs or expenses.
6.2 Notice of Inaccuracy. Client agrees that all
provide and billings from Consultant to Client are correct and binding on
ND: 4843-0907-8529, v. 1
3
Page 50 of 92
5-11
Client unless Client, within ten (10) days from the date of
receipt of such billing, notifies Consultant in writing of
alleged inaccuracies, discrepancies, or errors in billing.
6.3 Payment by Lender. Payments due under this
Agreement shall not be made by a Lender.
6.4 Late Charge. Client agrees to pay a late
payment charge of one and one-half percent (1-1/2%) per
month, which will be applied to any unpaid balance
commencing thirty (30) days after the date of the billing.
6.5 Charges for Required Modification. If
Consultant, pursuant to this Agreement, produces plans,
specifications, or other documents and/or performs field
services, and such plans, specifications, or other documents,
and/or field services are required by any governmental
agency, and such governmental agency changes its
ordinances, codes, policies, procedures or requirements after
the date of this Agreement, any additional office or field
services thereby required shall be paid for by Client as Extra
Services in accordance with Section 6.7. Consultant shall not
perform Extra Services without Client's prior written
approval.
6.6 Fee Schedule and Compensation.
Compensation for the performance of the Scope of Services
shall be charged according to the fee breakdown shown in
Attachment A. Total compensation shall be in amount not to
exceed $100,000. Reimbursable expenses are deemed to be
included in the total and shall not be charged as extra
expenses in addition to the "not to exceed amount". Billing
rates for Extra Services as provided for herein are shown in
Attachment A. Because this Agreement entails a "not to
exceed" compensation arrangement, any changes in the
Consultant's fee schedule due to any increase of costs such as
the granting of wage increases and/or other employee benefits
to field or office employees, due to the terms of any labor
agreement, or increase in the cost of living, shall NOT be
reflected in the fees charged to the Client during the lifetime
of this Agreement.
6.7 Extra Services. Client agrees that if Client
requests services not specified in the Scope of Work
described in this Agreement, Client will pay for all such
additional services as Extra Services in accordance with
Consultant's billing rates utilized for this Agreement.
Consultant shall not perform Extra Services without the prior
written consent of the Client. Any Extra Services performed
by Consultant without prior written consent of Client shall not
be charged to the Client.
6.8 Duplicate Services. In the event that any
staking or record monuments are destroyed, damaged or
disturbed by an act of God or parties other than Consultant,
the cost of restaking shall be paid for by Client as Extra
Services in accordance with Section 6.7, provided that the
Consultant shall not perform Extra Services without the prior
consent of the Client.
6.9 Fees and Permits. Client shall pay the costs of
all checking and inspection fees, zoning and annexation
application fees, assessment fees, soils or geotechnical
engineering fees, soils or geotechnical testing fees, aerial
topography fees, and all other fees, permits, applicable taxes
on professional services, title company charges, blueprints
and reproductions requested by Client, and all other similar
charges not specifically covered by the terms of this
Agreement. Consultant shall not make commitments to third
parties requiring the Client to pay for said fees and permits,
nor shall Consultant charge Client for said fees and permits
without Client's prior written consent.
6.10 Costs. Client acknowledges and agrees that
if Consultant provides surveying services, which services
require the filing of a Record of Survey, or a Corner Record,
all of the costs of preparation, examination and filing for the
Record of Survey or Corner Record will be paid by Client as
Extra Services in accordance with Section 6.7. Consultant
shall not provide said services without prior written consent
of Client.
7. Ownership and Use of Plans, Specifications,
Drawings and Reports.
7.1 Ownership of Plans, Specifications, Drawings
and Reports. Client acknowledges all reports, plans,
specifications, field data and notes and other documents,
including all documents on electronic media, prepared by
Consultant are instruments of service, and shall remain the
property of Consultant and may be used by Consultant
without the consent of Client. Consultant shall grant to the
Client a nonexclusive license to use the instruments of service
solely for the purposes of constructing, using, maintaining,
altering, adding to or securing funds for the Project, provided
that the Client performs its obligations under this Agreement.
Client is entitled to a copy of all final plans and specifications
for use in connection with the Project for which the plans and
specifications have been prepared, without additional cost.
Client shall defend and indemnify Consultant from any and
all claims, damages or liability relating to Client's reuse of the
instruments of services for any purpose other than that for
which they were prepared.
7.2 Rights Retained by Consultant. In accepting
and utilizing any drawings, reports and data on any form of
electronic media generated and furnished by Consultant,
Client covenants and agrees that all such electronic files are
instruments of service of Consultant, who shall be deemed the
author, and shall retain all common law, statutory law and
other rights, including copyrights. Client agrees not to reuse
these electronic files, in whole or in part, for any purpose or
ND: 4843-0907-8529, v. 1
4
Page 51 of 92
5-11
project other than the Project that is the subject of this
Agreement. Client agrees not to transfer these electronic files
to others without the prior written consent of Consultant.
Client further agrees to waive all claims against Consultant
resulting in any way from any unauthorized changes or reuse
of the electronic files for any other project by anyone other
than Consultant.
7.3 No Use of Plans Until Final. Client agrees not
to use or permit any contractor, subcontractor or any other
person to use plans, specifications, drawings, cost estimates,
reports, or other documents prepared by Consultant if they are
not final and unless they are signed and stamped or sealed by
Consultant. Client shall be responsible for any such use of
non -final plans, specifications, drawings, cost estimates,
reports or other documents not signed and stamped or sealed
by Consultant. Client hereby waives any claim for liability
against Consultant for such use. Client further agrees that
final plans, specifications, drawings, estimates, reports or
other documents are for the exclusive use of Client and may
be used by Client only for the Project described on page 1 of
this Agreement. Such final plans, specifications, drawings,
estimates, reports or other documents may not be changed or
used on a different project without written authorization or
approval by Consultant. If signed check -prints are required to
be submitted with a stamp or seal, they shall not be
considered final for purposes of this Section.
7.4 Indemnification for Changes. Client agrees, to
the fullest extent permitted by law, to indemnify and hold
harmless Consultant, its officers, directors, employees, agents
and sub -consultants against all damages, liabilities or costs,
including reasonable attorneys' fees and defense costs, arising
from any changes made by anyone other than Consultant or
from any reuse of the electronic files without the prior written
consent of Consultant.
7.5 No Warranties. Under no circumstances shall
delivery of electronic files for use by Client be deemed a sale
by Consultant, and Consultant makes no warranties, either
express or implied, of merchantability and fitness for any
particular purpose. In no event shall Consultant be liable for
indirect or consequential damages as a result of Client's use
or reuse of the electronic files.
7.6 CADD Specifications. Client and Consultant
agree that any electronic files furnished by either party shall
conform to the CADD specifications, if any. Any changes to
the CADD specifications by either Client or Consultant are
subject to review and acceptance by the other party.
Additional services by Consultant made necessary by changes
to the CADD or other software specifications shall be
compensated for as extra services.
7.7 Hard Copy Documents Control. Client is
aware that differences may exist between the electronic files
delivered and the printed hard copy construction documents.
In the event of a conflict between the signed construction
documents prepared by Consultant and electronic files, the
signed and stamped or sealed hard copy construction
documents shall govern.
8. No Representation by Consultant.
8.1 Governmental Permits and Approvals. If the
scope of services includes Consultant's assistance in applying
for governmental permits or approvals, Consultant's
assistance shall not constitute a representation, warranty or
guarantee that such permits or approvals will be acted upon
favorably by any governmental agency.
8.2 Soil or Geological Conditions. Consultant
makes no representations concerning soils or geological
conditions unless specifically included in writing in this
Agreement, or by amendments to this Agreement, and shall
not be responsible for any liability that may arise out of the
making of or failure to make soils or geological surveys,
subsurface soils or geological tests, or general soils or
geological testing.
8.3 Quantities and Construction Costs. If the scope
of services requires Consultant to estimate quantities, such
estimates are made on the basis of Consultant's experience
and qualifications and represent Consultant's best judgment
as a professional generally familiar with the industry.
However, such estimates are only estimates and shall not
constitute representations, warranties or guarantees of the
quantities of the subject of the estimate. If the Scope of Work
requires Consultant to provide its opinion of probable
construction costs, such opinion is to be made on the basis of
Consultant's experience and qualifications and represents
Consultant's best judgment as to the probable construction
costs. However, since Consultant has no control over costs or
the price of labor, equipment or materials, or over the
contractor's method of pricing, such opinions of probable
construction costs do not constitute representations,
warranties or guarantees of the accuracy of such opinions, as
compared to bid or actual costs.
8.4 Land Areas and Soil Quantities. Estimates of
land areas and/or soil quantities provided under this
Agreement are not intended to be, nor should they be
considered to be, precise. The estimate will be performed
pursuant to generally accepted standards of professional
practice in effect at the time of performance.
8.5 Third Parties. Client acknowledges that
Consultant is not responsible for the performance of work by
third parties including, but not limited to, the construction
contractor and its subcontractors. Consultant shall be
responsible for the work of any subcontractors or consultants
used by Consultant in the performance of the Scope of Work
ND: 4843-0907-8529, v. 1
5
Page 52 of 92
5-11
as provided for herein.
8.6 No Warranty. Consultant makes no warranty,
either express or implied, as to its findings, recommendations,
plans, specifications, or professional advice except that the
services were performed pursuant to generally accepted
standards of professional practice in effect at the time of
performance.
9. Environmental.
9.1 Environmental Conditions. Client
acknowledges that Consultant's Scope of Work for this
Project does not include any services related in any way to
asbestos and/or hazardous or toxic materials. Should
Consultant or any other party encounter such materials on the
job site, or should it in any other way become known that
such materials are present or may be present on the job site or
any adjacent or nearby areas which may affect Consultant's
services, Consultant may, at its option, suspend or terminate
work on the Project until such time as Client retains a
qualified contractor to abate and/or remove the asbestos
and/or hazardous or toxic materials and warrant that the job
site is free from any hazard which may result from the
existence of such materials, provided that Consultant has duly
notified Client of said environmental conditions, along with
Consultant's intent to suspend work on the Project due to
environmental conditions are provided for herein.
9.2 No Cause of Action. Client hereby agrees not
to bring any cause of action on any basis whatsoever against
Consultant, its officers and directors, principals, employees,
agents and sub -consultants if such claim or cause of action in
any way would involve Consultant's services from the
investigation, detection, abatement, replacement, use or
specification, or removal of products, materials or processes
containing asbestos, asbestos cement pipe, and/or any
hazardous or toxic materials. Client further agrees to defend,
indemnify and hold harmless Consultant, its officers,
directors, principals, employees and sub -consultants from any
asbestos and/or hazardous or toxic material related claims that
may be brought by third parties as a result of the services
provided by Consultant pursuant to this Agreement, except
claims caused by the sole negligence or willful misconduct of
Consultant.
10. Indemnification.
10.1 Unauthorized Changes. In the event (1)
Client agrees to, authorizes, or permits changes in the plans,
specifications or documents prepared by Consultant, which
changes are not consented to in writing by Consultant, or (2)
Client agrees to, authorizes or permits construction of
unauthorized changes in the plans, specifications or
documents prepared by Consultant, which changes are not
consented to in writing by Consultant, or (3) Client does not
follow recommendations prepared by Consultant pursuant to
this Agreement, which changed recommendations are not
consented to in writing by Consultant, Client acknowledges
that the unauthorized changes and their effects are not the
responsibility of Consultant and Client agrees to release
Consultant from all liability arising from the use of such
changes, and further agrees to defend, indemnify and hold
harmless Consultant, its officers, directors, agents, employees
and sub -consultants from and against all claims, demands,
damages or costs, including attorneys' fees, arising from the
unauthorized changes.
10.2 Indemnification from Consultant. Consultant
shall indemnify and hold Client harmless from any and all
damages to the extent resulting from the negligent acts, errors
or omissions of Consultant or Consultant's officers, agents or
employees in the performance of the services under this
Agreement. Notwithstanding the foregoing, neither Client,
nor Consultant, shall be liable to the other for any
consequential damages and each party hereby waives all
claims to consequential damages in the event of early
termination of this Agreement.
10.3 Limitations. Client agrees to limit the liability
of Consultant, its principals, employees and sub -consultants,
to Client and to all contractors and subcontractors on the
Project (whether to a single agreement or multiple
agreements), and to third parties for any claim or action
arising in tort, contract, or strict liability, to the sum of
$100,000 or Consultant's fee whichever is greater. Client
shall hold harmless, defend and indemnify Consultant from
any claims or damages in excess of such amount except when
the claim arises solely from the gross negligence or willful
action of Consultant, except where the claim arises solely
from the gross negligence or willful action of Consultant.
Client and Consultant acknowledge that this provision was
expressly negotiated and agreed upon.
10.4 No Liability for Government Action.
Consultant shall not be liable for damages resulting from the
actions or inactions of governmental agencies including, but
not limited to, permit processing, environmental impact
reports, dedications, general plans and amendments thereto,
zoning matters, annexations or consolidations, use or
conditional use permits, project or plan approvals, and
building permits. Client agrees that it is the responsibility of
Client to maintain in good standing all governmental
approvals or permits and to timely apply for any necessary
extensions thereof.
11. Dispute Resolution. Except as provided in
Sections 11.1 and 11.2, in an effort to resolve any conflicts
that arise during the design or construction of the Project or
following completion of the Project, Client and Consultant
agree that all disputes between them arising out of or relating
to this Agreement shall be submitted to non -binding
ND: 4843-0907-8529, v. 1
6
Page 53 of 92
5-11
mediation, unless the parties mutually agree otherwise. Client
and Consultant further agree to include a similar mediation
provision in all agreements with independent contractors and
consultants retained for the Project and to require all
independent contractors and consultants also to include a
similar mediation provision in all agreements with
subcontractors, sub -consultants, suppliers or fabricators so
retained, thereby providing for mediation as the primary
method for dispute resolution between the parties to those
agreements.
11.1. Exception for Collection of Fees. Section
11.1 shall not preclude or limit Consultant's right to file an
action for collection of fees if the amount in dispute is within
the jurisdiction of the small claims court.
11.2 Exemption for Mechanic's Lien. Section 11.1
shall not preclude or limit Consultant's right to record, perfect
or enforce applicable mechanic's lien or stop notice remedies.
11.3 Disputes not Resolved through Mediation. In
the event the parties to this Agreement are unable to reach
through mediation a settlement of any dispute arising out of
this Agreement or related to the services under this
Agreement, then such dispute be heard in the Courts of Grand
County, State of Utah. In any such proceeding, the parties
stipulate that the matter shall be heard by the Court, sitting
without a jury, regardless of the nature of the legal claims or
relief sought. The substantially prevailing party in any court
action arising from this Agreement shall be entitled to recover
its reasonable attorney fees and costs, together with such other
and further relief specified herein.
11.4 Inclusion by Joinder. Either party, at its sole
discretion, may include by joinder persons or entities
substantially involved in a common question of law or fact
whose presence is required if complete relief is to be accorded
in any litigation arising from this Agreement, provided that
the party sought to be joined is subject to the jurisdiction of
the court.
12. Miscellaneous.
12.1 Binding. This Agreement and its attachments
shall be binding upon the heirs, executors, administrators
successors and assigns of Client and Consultant.
12.2 No Assignment. This Agreement shall not be
assigned by either Client or Consultant without the prior
written consent of the other.
12.3 Entire Agreement. This Agreement and its
attachments contains the entire agreement between Client and
Consultant relating to the Project and the provision of services
by Consultant for the Project. Any prior agreements,
promises, negotiations or representations not expressly set
forth in this Agreement are of no force or effect. Subsequent
modifications to this Agreement shall be in writing and signed
by both Client and Consultant.
12.4 No Waiver. Consultant's or Client's waiver
of any term, condition or covenant shall not constitute the
waiver of any other term, condition or covenant. Consultant's
or Client's waiver of any breach of this Agreement shall not
constitute the waiver of any other breach of this Agreement.
12.5 Attorneys' Fees. In the event of any litigation
arising from or related to the services provided under this
Agreement, the prevailing party will be entitled to recovery of
all reasonable costs incurred, including staff time, court costs,
attorneys' fees, experts' fees and other related expenses.
12.6 Severability. If any term, condition or
covenant of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall remain binding
on Client and Consultant.
12.7 Governing Law. This Agreement shall be
governed by and construed in accordance with the laws of the
State of Utah. Client agrees that in the event Consultant
institutes litigation to enforce or interpret the provisions of
this Agreement, such litigation is to be brought and
adjudicated in the appropriate court in the county in which
Consultant's place of business is located.
12.8 Bankruptcy. Consultant shall be entitled to
immediately, and without notice, suspend the performance of
any and all of its obligations pursuant to this Agreement if
Client files a voluntary petition seeking relief under the
United States Bankruptcy Code or if there is an involuntary
bankruptcy petition filed against Client in the United States
Bankruptcy Court, and that petition is not dismissed within
fifteen (15) days of its filling. Any suspension of services
made pursuant to the provisions of this Section shall continue
until such time as this Agreement has been fully and properly
assumed in accordance wit the applicable provisions of the
United States Bankruptcy Codes and in compliance with the
final order or judgment issued by the Bankruptcy Court. If
the suspension of performance of Consultant's obligation
pursuant to this Agreement continues for a period in excess of
ninety (90) days, Consultant shall have the right to terminate
all services pursuant to this Agreement.
12.9 Lien. This Agreement shall not be construed
to alter, affect or waive any design professional's lien,
mechanic's lien or stop notice right which Consultant may
have for the performance of services pursuant to this
Agreement. Client agrees to provide to Consultant the present
name and address of the record owner of the property upon
which the Project is to be located. Client also agrees to
provide Consultant with the name and address of any and all
ND: 4843-0907-8529, v. 1
7
Page 54 of 92
5-11
lenders who may loan money on the Project and who are
entitled to receive a preliminary notice.
12.10 Force Majeure. Consultant is not responsible
for delay caused by activities or factors beyond Consultant's
reasonable control, including, but not limited to, delays by
reason of strikes, lockouts, work slowdowns or stoppages,
accidents, acts of God, failure of Client to furnish timely
information or approve or disapprove of Consultant's services
or instruments of service promptly, faulty performance by
Client or other contractors or governmental agencies. When
such delays beyond Consultant's reasonable control occur,
Client agrees Consultant shall not be responsible for damages
nor shall Consultant be deemed to be in default of this
Agreement. Further when such delays occur, Client agrees
that, to the extent such delays cause Consultant to perform
Extra Services, such services shall be paid for by Client as
Extra Services in accordance with Section 6.7. Consultant
shall not perform Extra Services without Client's prior written
consent.
12.11 No Third Party Beneficiaries. By entering
into this Agreement, the parties do not intend to create or
benefit third party beneficiaries. No one shall be a third party
beneficiary, and no provision shall operate to the benefit of a
third party.
IN WITNESS WHEREOF, the parties hereby execute this agreement upon the terms and conditions stated above.
Client: City of Moab
By:
David L. Sakrison, Mayor
Date Signed:
Attest:
Rachel Ellison, City Recorder
ND: 4843-0907-8529, Ver 1
Consultant: PSOMAS
By:
Printed Name:
Title:
Date Signed:
ND: 4843-0907-8529, v. 1
8
Page 55 of 92
5-11
ATTACHMENT A
Scope of Work
All services will be provided in accordance with the Lions Park Design Guidelines and pursuant to the Request for Proposals.
SCHEMATIC DESIGN REFINEMENT $24,240
1. Kickoff:
■ Collect/Review all previous Lions Park Planning Group discussion notes, including decisions on design
elements and collect all other studies.
■ Discuss concept design with David Bell
■ Obtain County building code/ordinances
■ Kickoff meeting and site visit
■ Review concepts for the adjacent nature park to incorporate supportive elements into Lion's Park
2. Interpretation
■ Interpretive workshop
■ Propose Interpretive landscape themes and identity
3. Schematic Design
■ Schematic design charrette
■ Charette report and project vision: interpretive landscape themes and identity
■ Invite local artists to participate and contribute concepts
■ Discuss maintenance capabilities, concerns, and operating budget with maintenance staff. Refer to the
City/County MOU that was adopted by both councils
■ Propose possible renewable energy opportunities
■ Select materials and technologies selected for energy efficiency, cost-effective maintenance and
durability
4. Sustainable Sites Initiative
■ Prepare application to become a Sustainable Sites Initiative pilot project
5. Review
■ Two -week review period
■ City, NPS and committee redlines and review via webmeeting
6. Status reports
■ Weekly status reports with the City and committee
Meetings:
■ Kickoff meeting via webmeeting
■ Site visit, Interpretive workshop and schematic design charette (2 days - in Moab)
■ Schematic design meeting via webmeeting
Moab. Utah
PSOMAS
Page 56 of 92
City of Moab, Lions Park Scope of Work - Page 1
5-11
ATTACHMENT A
Scope of Work
Products:
■ Charette and interpretive workshop
■ Charette results report, including schematic design details for both north and south side of Colorado River
■ Sustainable Sites Initiative pilot project application
PRELIMINARY DESIGN DEVELOPMENT SUBMITTAL AND REVIEW $29,910
1. Preliminary Design:
■ Collect survey and utility drawings
■ 60% Project Drawings (delivered electronically), including:
► Grading, drainage, irrigation, planting, utility, and architectural plans
► Circulation and access, lighting, signage (entry, direction, kiosks) and water feature
► River restoration zone needs
► Stormwater Best Management Practices (BMP's) and low -impact interventions
► Site Details
■ Sketches and fly-throughs generated from SketchUp
■ Cost Estimate with professional estimator and local review
■ Coordination with Transit Hub design
2. Design handbook, including proposed colors, materials, and textures
3. Sustainable Sites Initiative analysis and worksheets
4. Review:
■ Two -week review period
■ Review meeting with City, NPS and committee
5. Status Reports:
■ Weekly status reports to the City and NPS
Meetings:
■ Preliminary design review (in Moab)
Products:
■ 60% design drawings and cost estimates for architectural, engineering and landscape architecture
■ Sketches and fly-throughs
■ Design materials handbook
■ Sustainable Sites Initiative materials
Moab. Utah
PSOMAS
Page 57 of 92
City of Moab, Lions Park Scope of Work - Page 2
5-11
ATTACHMENT A
Scope of Work
FINAL DESIGN DEVELOPMENT AND SUBMITTAL AND REVIEW $22,650
1. Final Design:
■ 90% Project Drawings (delivered electronically), including:
► Grading, drainage, irrigation, planting, utility, and architectural plans
► Circulation and access, lighting, signage (entry, direction, kiosks) and water feature
► Site Details
■ Updated Cost Estimate
■ Specifications
■ Coordination with Transit Hub design
2. Sustainable Sites Initiative final materials
3. Review:
■ Two -week review period
■ Review meeting with City and NPS
4. Status Reports:
■ Weekly status reports to the City and NPS
Meetings:
■ Final design review (in Moab)
Products:
■ 90% design drawings, specifications and cost estimates for architectural, engineering and landscape
architecture
■ Sustainable Sites Initiative materials
■ Permitting needs and timelines
Moab. Utah
PSOMAS
Page 58 of 92
City of Moab, Lions Park Scope of Work - Page 3
5-11
ATTACHMENT A
Scope of Work
CONSTRUCTION DOCUMENTS & PHASING $20,380
1. Final Design:
■ 100% Project Drawings (delivered electronically), including:
► Grading, drainage, irrigation, planting, utility, and architectural plans
► Circulation and access, lighting, signage (entry, direction, kiosks) and water feature
► Site Details
■ Updated Cost Estimate
■ Specifications
■ Phasing plan
■ Deliver set to Transit Hub team
2. Review:
■ Two -week review period
■ Review meeting with City and NPS
3. Status Reports:
■ Weekly status reports to the City and NPS
Meetings:
■ Final design review (via webmeeting)
Products:
■ 100% design drawings, specifications and cost estimates for architectural, engineering and landscape
architecture
■ Sustainable Sites Initiative materials
CONSTRUCTION MANAGEMENT AND BUDGETING $2,820
1. Planning:
■ Permitting needs and timelines
■ Construction management budget
■ Construction management schedule and checklists
Meetings:
■ Plan review (via webmeeting)
Products:
■ Construction management budget, schedule and checklists
Moab. Utah
PSOMAS
Page 59 of 92
City of Moab, Lions Park Scope of Work - Page 4
5-11
ATTACHMENT A
Fee
The following fees are all inclusive for the proposed scope of work based on the included schedule. Our proposed scope of work meets
the grant budget of $100,000. Additional tasks that exceed this amount will not commence without prior written approval from the
City of Moab.
Fee $100,000
Schematic Design Review $24,240
Preliminary Design $29,910
Final Design $22,650
Construction Documents $20,380
Construction Management / Budgeting $2,820
Extra Services
Fees for Extra Services, outside the proposed scope are as outlined in the following Fee Schedule:
Labor
Principal $145.00 per hour
Project Manager $125.00 per hour
Landscape Architect $90.00 per hour
Project Engineer $125.00 per hour
Engineer $90.00 per hour
Architect $100.00 per hour
Planner $110.00 per hour
Interpretive Specialist $85.00 per hour
Intern $40.00 per hour
Admin. Assistant/Accounting $50.00 per hour
Reimbursable Expenses
Mileage at current IRS rates
Travel cost plus 10%
Reproductions cost plus 10%
Moab. Utah
PSOMAS
Page 60 of 92
City of Moab, Lions Park Scope of Work - Page 5
5-11
ATTACHMENT A
Schedule
Schedule
PROJECT TASKS & DATES
Schematic
Feb Mar Apr
May Jun Jul
Aug Sept
Oct Nov
Dec
Preliminary
Final
Construction Documents
Construction Management
Proposed Meeting Dates
Interpretive workshop and charrette
Schematic Design Review
Preliminary Design
Final Design
Construction Documents
(in Moab)
(via webmeeting)
(in Moab)
(in Moab)
(via webmeeting)
Construction Management / Budgeting (via webmeeting)
Mon-Tues
Thurs
Thurs
Thurs
Thurs
Thurs
March 29-30
April 22
July 1
Sept 2
Nov 4
Dec 9
Moab. Utah
PSOMAS
Page 61 of 92
City of Moab, Lions Park Scope of Work - Page 6
5-11
ATTACHMENT B
City of Moab
Request for Proposals
for
Professional Design Services
LIONS PARK PLANNING AND DESIGN
I. Introduction/Design Team Qualifications
The City of Moab is soliciting competitive proposals from qualified firms to provide design services
for Lions Park Planning and Design. The project will include the full design of the site's architecture,
parking lot layout and circulation, service access, site grading and drainage, site landscaping and
irrigation plan, site lighting plan, restroom facilities, pavilions, sign plan (directional and kiosks),
outdoor spaces, seating areas, water features and trails. For more information, refer to the Lions
Park Design Guidelines and Standards.
The design team must have previous experience in high -profile park design; trail design; site
grading and drainage, including appropriate storm water management techniques; landscape
architecture and other applicable engineering services. All work shall be performed at the direction
of a Professional Landscape Architect licensed in the State of Utah.
II. General Proposal Instructions and Requirements
1. THE DEADLINE FOR ALL PROPOSALS is Wednesday, January 6, 2009. Any proposal not
received prior to the time and date specified shall not be accepted.
2. A pre -submittal meeting will be held on -site on Monday, December 7, 2009.
Applicants are strongly encouraged to attend the pre -submittal meeting, but
attendance is non -mandatory.
3. Applicants must submit 6 (six) copies of their proposals. Faxes and electronic transmittals
of proposals will not be accepted. Proposals shall not exceed 10 (ten) pages in length.
4. All proposals and required submittals must be turned in to or mailed to the Moab City
Recorder's Office, 217 East Center Street, Moab, Utah 84532.
1 I RFP 10/2009
Page 62 of 92
5. The legal status of the proposer, whether a corporation, partnership, limited liability
company or individual, shall be stated in the proposal. A corporation shall execute its
proposal by its duly authorized officers in accordance with its corporate by-laws and shall
indicate the State in which it is incorporated. A partnership shall give full names and
addresses of all partners. Partnerships and individual proposers shall be required to state
in the proposal the names of all persons interested therein. A limited liability company
shall execute the proposal by its members or authorized manager. If the proposer is a joint
venture consisting of a combination of any or all of the above entities, each joint venturer
shall execute the proposal. Anyone signing a proposal as an agent of another or others shall
submit with his or her proposal, legal evidence of his or her authority to do so. The place of
residence of each proposer, or the office address in the case of a firm or company, telephone
number and fax number, shall be given after his/her signature.
6. All proposers must be properly licensed to conduct business in the State of Utah. All
proposers shall include evidence that the proposer is licensed to do business in the State of
Utah. Proof of all applicable professional licenses is required.
7. The selected architect will be required to enter into a written contract with the City in order
to provide the services required in the RFP. Use of a standard AIA contract is preferred.
Relevant proposal documents shall be attached to this standard contract.
III Communication, Addenda and Explanations
1. All questions and requests for explanations must be submitted in writing to David Olsen by
Tuesday, November 24 at the following address:
David Olsen, Community Development Director
City of Moab
217 East Center Street
Moab, UT 84532
FAX: (435) 259-4135
E-mail: david@moabcity.org
2. Responses to requests for explanations shall be made in the form of an Addendum, a copy of
which shall be available on the City's website and to proposers registered on the City's
website. Non -registered proposers shall be responsible to check the website on a weekly
basis to obtain addenda.
3. Addenda issued to proposers shall become part of the Contract Documents, and all
proposals shall include the work described in the Addenda.
2 I RFP 10/2009
Page 63 of 92
4. Any other information and/or supplemental instructions shall be in the form of a written
addendum, posted on the City's website.
IV. Work to be Performed by Selected Design Team
1. Building upon the Lions Park Concept Plan (See Exhibit A) the Consultant shall develop a
full design package for the Lions Park Area located both on the south banks of the Colorado
River, adjacent to the intersection of US - 191 and SR - 128. This work will include five
phases: 1) Schematic Plan Review, 2) Preliminary Design Development Submittal and
review, 3) Final Design and Development Submittal and Review, 4) Construction Document
and Construction Phasing Submittal and Review, and 5) Construction Management and
Budgeting. This work effort will ensure the seamless integration of the Lions Park into the
larger area.
2. The selected design team shall develop a design package in accordance with the Design
Guidelines Document, Section 2.0 Work Plan and Design Review Process. (See Exhibit C.)
The Lions Park construction bid package shall be in Word or pdf format, and approved by
the City of Moab.
V. Required Proposal Submittals
In addition to the other required submittals specified in this RFP, each proposal shall include the
following:
1. Letter-- A cover letter, expressing interest in performing the requested services, along with
a statement that the scope of work outlined above has been read and is understood by the
Consultant.
2. Qualifications of the Consultant
3. Key Project Staff - List qualifications and experience of staff members proposed to perform
work for this project, including education, licenses or certifications, availability to the
project, and any other information that would be useful to reviewers in selecting a
consultant.
4. Approach - Discuss the Consultant's approach to the work, including a time line.
a. Approach information should include a list of key plants, materials and architectural
style.
b. Approach should be formatted and comply with the phasing schedules and
attending information in Exhibit B - Design Guidelines.
c. A proposed time schedule for the design of the project shall be included within the
approach section.
5. Capabilities and Resources - Include an estimate of key project staff hours that will be
committed to this project.
a. A portfolio demonstrating the design team's experience and capabilities may also be
submitted and will not be counted toward the 10 page limit.
6. Experience - Briefly describe any relevant past project experience and previous work
experience with park planning and design, specifically gateway park planning.
7. References - List at least four (4) references, including contact information.
8. Appendix - Include full resumes of key project staff
3 I RFP 10/2009
Page 64 of 92
9. Completed Cost Proposal Form - Please provide complete cost proposal information to
perform the Work as described in Section IV above. Please submit your cost proposal on
the Cost Proposal Form (Exhibit B) provided in this Request for Proposals.
VI. Selection Process
Each proposal will be reviewed by a selection committee that may include, but is not limited to, City
staff members and invitees of the City. The committee will evaluate the written proposals and rank
each proposal on the considerations noted in the RFP. The committee may request the top
respondents to attend an interview and provide additional information to the committee. The
selection committee will select a preferred candidate, after which City staff will attempt to negotiate
mutually agreeable terms for a contract. If said negotiations are successful, City staff will make a
recommendation to the Moab City Council for award of the contract. The City expects to award a
contract for the specified services by February 23, 2010.
In the event that mutually agreeable terms cannot be negotiated with the first firm, it is anticipated
that negotiations will begin with the next highest rated firm and so on until a mutually agreeable
contract can be negotiated.
Proposals shall be evaluated according to the following criteria:
1. Compliance with information provided in the RFP and the Design Guidelines and Standards.
2. The firm's and individual project team members' recent experience with providing services
of similar size and scope and the satisfaction of previous client(s), with emphasis on
projects requiring extensive landscape architecture involvement.
3. Overall approach to the project.
4. Demonstrated ability to establish an effective working relationship with the City and
stakeholder groups.
5. Previous work experience with gateway park planning and design.
6. Ability to effectively meet aggressive project schedules.
7. Cost Proposal.
8. All other criteria deemed pertinent by the committee in review of the proposals.
VII. Schedule
The City expects to follow the following schedule for the Request for Proposal and Selection
Process:
Issuance of RFP:
Non -mandatory Pre -submittal Meeting:
Last Day to Submit Questions:
Proposals Due:
Finalists Announced:
Interviews of Finalists:
Negotiation of Contract with Preferred Candidate:
Approval of Contract:
4 I RFP 10/2009
November 9, 2009
December 7, 2009 (2:00 p.m. @ Lions Park)
December 18, 2009
January 6, 2010
January 15, 2010
January 25-29, 2010
January 29- February 11, 2010
February 23, 2010
Page 65 of 92
EXHIBIT B
Cost Proposal Form
I have read and understand the requirements of this Request for Proposals for the Lions Park
Planning and Design Services RFP and agree to provide the required services in accordance with
this proposal and all attachments, exhibits, etc. The proposed fee shall include all labor, material
and equipment and any travel or per diem expenses and any other miscellaneous expenses
involved. The fee for providing the required services is:
Schematic Plan Review: $
Preliminary Design Development Submittal and Review: $
Final Design Development and Submittal and Review
Construction Document and Construction Phasing Submittal and Review: $
Construction Management and Budgeting $
SUBMITTED BY:
NAME (PRINT):
SIGNATURE:
COMPANY NAME:
ADDRESS :
5 I RFP 10/2009
Page 66 of 92
6 RFP10/2009
Page 67 of 92
City of Moab
Planning and Zoning Department
Correspondence
PL-m-020
March 18, 2010
Memo To: Honorable Mayor and Members of Council
From: City Staff
Subject: Approval of Ordinance #2010-08, an Ordinance Vacating a Portion of
Phase One of The Haciendas Subdivision and Approving the
Construction of Specific Public Improvements
Background
The preliminary plat of the Haciendas Subdivision and the conditional use permit for the
twin homes were approved by the planning Commission on June 14, 2007. The final plat
for Phase I was recorded with the Grand County Recorder's Office on January 1, 2008
and the Subdivision Improvements Agreement (SIA) was approved on January 8, 2008,
and is on file in the City Recorder's Office (copy attached).
An attached single family dwelling ("twin home") was constructed on Lots 1 a and lb in
Phase One and is the only dwelling constructed in accordance with the development
plan. Curb and gutter in front of this unit are the only improvements that have been
constructed in this phase and the twin home is still on temporary connections for water
and sewer.
On February 23, 2010, Council adopted Resolution #02-2010 that declared a default of
the Subdivision Improvements Agreement (SIA) by the developer of The Haciendas
Subdivision. The developer, Jared Rasmussen of Desert Oaks, LLC, was unable to
progress with construction of the utilities and other required public improvements
necessary for the development to advance beyond the first two units (attached single
family homes) in Phase One.
Resolution #02-2010 allowed staff to review the options available to the city that can be
pursued to address the situation. Through numerous discussions with the affected
property owners and the developer, Staff has determined that the vacation of most of the
final plat for Phase One of The Haciendas is the appropriate solution for the issue.
The portions of the plat that will be retained include the dedicated rights -of -way of Bonita
Street and Mill Creek Drive and Lots 1 a and lb of Phase One. The balance of this first
phase will revert to a single larger tract that encompasses the rest of the property that
was subdivided by an approved preliminary plat. The preliminary plat has expired
because a final plat was not submitted for approval within the time period of one year.
Page 68 of 92
Moab City Council
PL-10-038
March 18, 2010
The Haciendas Vacation
Ordinance #2010-03
Ordinance #2010-08 establishes the reasons for the vacation and what portion of the
plat will remain. The attached exhibits set out the extent of the construction of public
improvements and the associated costs and an Encroachment Permit for the original
structure will be granted for a period not to exceed three years from the date of the
approval of the ordinance.
The attached amended plat will be recorded with Grand County and will provide the final
step to allowing the city to initiate construction of the improvements.
Staff has been working with the developer of The Haciendas Subdivision in an effort to
bring to a close the ongoing issues for the completion of Phase I of the subdivision.
Issues
The developer is in default of the SIA because improvements were not completed in
accordance with the agreement. An existing dwelling that was supposed to be removed,
still stands on the dedicated right-of-way for Bonita Street.
For subdivisions, the declaration of default is outlined in the SIA. Basically, the review for
a default is described as when a developer (a) fails to timely complete required
improvements; (b) fail to complete construction in a workmanlike manner; (c) allow
mechanic's liens to attach to improvements; or (d) otherwise fail to comply with the
improvements agreement. The developer is issued a notice of violation and informed of
their default under the improvements agreement and guarantee and then given a
reasonable period of time "to cure" or complete the necessary improvements that does
not exceed thirty days. The developers of The Haciendas have declined to exercise the
cure period.
Recommendation
Staff recommends that Council approve Ordinance #2010-07.
p:\planning department \2010\correspondence \p1-10-038 haciendas ord.docx
Page 2 of 2
Page 69 of 92
5-12
ORDINANCE # 2010-08
AN ORDINANCE VACATING IN PART PHASE ONE OF THE SUBDIVISION PLAT
FOR THE HACIENDAS SUBDIVISION
WHEREAS, the City of Moab approved the Haciendas Subdivision and an Official Plat for
Phase One and said plat was recorded on January 9, 2008 at Book 717, Page 544 ("Plat") of the
Grand County land records; and
WHEREAS, the City of Moab (City) and Jared Rasmussen ("Developer") entered into a
Subdivision Improvements Agreement ("SIA"), dated January 8, 2008, providing for the
construction of certain improvements pursuant to the approval of the Haciendas Subdivision; and
WHEREAS, the Developer has failed or refused to construct or complete all of the
improvements specified in the SIA and development approvals, constituting a default under the
SIA and the conditions of approval, and has failed to cure same after delivery of written notice;
and
WHEREAS, U.C.A. § 10-9a-608 authorizes a municipality to institute proceedings to vacate a
subdivision plat, and the SIA specifically authorizes plat vacation as a remedy upon breach by
the Developer; and
WHEREAS, Resolution #06-2010, approved by the City Council on February 23, 2010,
declared the developer to be in default of the Subdivision Improvements Agreement; and
WHEREAS, the City has provided notice to interested parties, received the recommendations of
City Staff, and is fully advised; and
WHEREAS, the City finds that the public interest will be served by the partial vacation of the
plat as specified herein, and that no party will be unfairly prejudiced; and
WHEREAS, in accordance with UCA 10-9a-609, the City may approve the vacation, alteration,
or amendment by signing a plat showing the vacation, alteration, or amendment if no public
street, right-of-way, or easement has been vacated or altered; and
WHEREAS, in accordance with UCA 10-9a-609.5, a public hearing in accordance with Section
10-9a-208 is required to be held only if a plat amendment contains a vacation of some or all of a
street, right-of-way, or easement; and,
WHEREAS, the partial vacation as specified herein does not contain a vacation of all or some of
a street, right-of-way and so a public hearing is not required; and
WHEREAS, the City of Moab, in its discretion, has the authority to construct all or a selected
portion of the required improvements to satisfy the completed development in Phase One; and
Page 1 of 3
Page 70 of 92
5-12
WHEREAS, the extension of the utility services will be obstructed by an existing structure that
partially lies within the dedicated right-of-way of Bonita Street; and
WHEREAS, the developer and all affected property owners are in unanimous agreement that
this partial vacation is in the best interests of all parties as evidenced by the attached signed
affidavit.
THEREFORE, THE CITY OF MOAB ENACTS AS FOLLOWS:
1. The City hereby vacates in part, Phase One of the Subdivision Plat for The Haciendas
Subdivision according to the attached plat called "The Haciendas Subdivision Phase 1,
Amended". Phase one shall be vacated with the exception of Lots lA and 1B and the
dedicated rights -of -way for Bonita Street and Mill Creek Drive. The vacation (the
"Vacated Tract") is described as follows:
BEGINNING AT A CORNER WHICH BEARS N79°46'00"W 1667.34 FT., THENCE N61°03'00"E 388.84 FT.
FROM THE EAST % CORNER OF SECTION 7, T 26 S, R 22 E, SLM, AND PROCEEDING THENCE N61°03'00"E
213.83 FT., THENCE S28°32'00"E 87.75 FT., THENCE S28°11'39"W 12.44FT., THENCE S61°03'00"W
202.72 FT., THENCE N28°57'30"W 94.50 FT. TO THE POINT OF BEGINNING,
ALSO: BEGINNING AT THE NW CORNER OF LOT 15A OF THE HACIENDAS SUBDIVISION, PHASE ONE, SAID
CORNER BEARS N74°34'43"W 1299.76 FT. FROM THE EAST % CORNER OF SECTION 7, T 26 S, R 22 E, SLM,
AND PROCEEDING THENCE N61°03'00"E 227.41 FT., THENCE S84°46'20"E.13.11 FT., THENCE
S28°32'00"E 125.25 FT., THENCE S65°49'00"W 245.88 FT., THENCE S23°33'00"E 131.89 FT., THENCE
S66°25'16"W 112.79 FT., THENCE ALONG THE ARC OF A 50.00 FT. RADIUS CURVE TO THE LEFT 15.06 FT.
(SAID CURVE HAS A CHORD WHICH BEARS N76°08'17"W 15.00 FT.), THENCE N13°51'43"E 55.06 FT.,
THENCE N28°57'30"W 87.68 FT., THENCE N61°03'00"E 106.00 FT., THENCE N28°5730"W 94.60 FT., TO
THE POINT OF BEGINNING.
2. All prior land use approvals, plat designations, and other development entitlements with
respect to the Vacated Tract are terminated and deemed void. The preliminary plat dated
June 14, 2007 is void and of no further effect.
3. To clarify the extent of the plat vacation and the construction costs of the proposed
improvements the following attached exhibits are hereby approved and accepted for
recording.
a. An Amended Plat which excludes the Vacated Tract is accepted for recording, as
set forth in Exhibit A.
b. A description of the improvements as set forth in Exhibit B.
c. A description of the improvements as set forth in Exhibit C.
d. A cost worksheet description of the improvements as set forth in Exhibit D.
4. The City of Moab, Public Works Director shall issue an Encroachment Permit for the
existing structure situated within the public right-of-way of Bonita Street that shall expire
upon removal of the structure or in a period of time not to exceed three (3) years from the
date of approval of Ordinance 2010-08, whichever is less. One extension may be granted
at the Director's discretion for a period of not more than one (1) year.
Page 2 of 3
Page 71 of 92
5-12
5. This ordinance shall take effect immediately and be recorded in the Grand County land
records. It shall continue in effect until repealed, and shall be binding upon the
Developer, its successors, and assigns.
Passed and adopted by the City Council upon the affirmative vote of a majority of the
Council in open session on March 23, 2010.
Signed:
Mayor David Sakrison
Attest:
Rachel Ellison, City Recorder Date
Page 3 of 3
Page 72 of 92
5-12
SURVEYOR'S CERTIFICATE
POINT OF BEGINNING
o.
PARCEL A
5.33 ACRES
o�
AC
N
A FINAL PLAT OF
C\i
�J
IVI
ION
N
INCLUDING VACATED PORTIONS OF PHASE I A\D ADJACENT LANDS WITHIN THE APPROVED P'RELIMI\ARY PLAT,
ALL WITHIN THE N E1 /4 SECTION 7, T 26 S, R 22 E, SLM, MOAB CITY, GRAND COU \ TY, UTAH
0
TEMPORARY ItJRN AROUND (R=50 FT) �� d
TO BE AB NDONED WITH THE s'/�j�
EXTENTI01� OF BONITA STREET u
o:
EXISTING 20' PUBLIC ACCESS EASEMENT
LIMITED TO NON -MOTORIZED USE
S89°49'00"W 95.00'
o.
o.
S'
N28°57'30"W
1.89'
4/55.
AS\RO
�R�. k
56
1
cog_
o
0
0
o
`k.
oo.
c^
1
L,,
t
F
N28°11'39"E 12.44'
EXISTING 20' PUBLIC ACCESS EASEMENT
LIMITED TO NON -MOTORIZED USE
N79.46,
166 7 34,
BASIS OF BEARING
50
LEGEND
• FOUND REBAR PROPERTY CORNER
O 5/8" REBAR WITH PLASTIC CAP TO BE SET
-0- FOUND GOVERNMENT BRASS CAP
0
25
GRAPHIC SCALE
50
100
200
EAST 1/4 CORNER SEC. 7,
T 26 S, R 22 E, SLM.
w
co
J M
O 7.0
r 71-
Z
~ O O Oz
U
>- II
w
U
J z
>E
Q
W
m
SE CORNER SEC. 7,
T 26 S, R 22 E, SLM.
( IN FEET )
1 inch = 50 ft.
I, TIMOTHY M. KEOGH , DO HEREBY CERTIFY THAT I AM A REGISTERED
UTAH LAND SURVEYOR, AND THAT I HOLD CERTIFICATE NO. 171004 AS
PRESCRIBED UNDER THE LAWS OF THE STATE OF UTAH, AND I FURTHER
CERTIFY THAT UNDER AUTHORITY OF THE OWNERS, I HAVE MADE A SURVEY
OF THE TRACT OF LAND SHOWN ON THIS PLAT AND DESCRIBED BELOW, AND
HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS AND STREETS, HERE—
AFTER TO BE KNOWN AS THE HACIENDAS SUBDIVISION AMENDED
AND THAT SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE
GROUND AS SHOWN ON THIS PLAT.
BOUNDARY DESCRIPTION
THE HACIENDAS SUBDIVISION, PHASE I AND ADJACENT LANDS, ALL WITHIN
SECTION 7, T 26 S, R 22 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, AND
MORE PARTUCLARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CORNER WHICH BEARS N 79°46'00"W 1667.34 FT.
FROM THE EAST Y4 CORNER OF SECTION 7, T 26 S, R 22 E, SLM, AND
PROCEEDING THENCE N 61 °03'00"E 609.67 FT., THENCE S 28°32'00"E
277.70 FT., THENCE S 65°49'00"W 252.90 FT., THENCE S 23°33'00"E
253.30 FT., THENCE S 68°56'00"W 124.40 FT., THENCE S 19°09'00"E
90.00 FT., THENCE S 68°56'00"W 125.00 FT., THENCE N 19°09'00"W
90.00 FT., THENCE S 89°49'00"W 95.00 FT., THENCE N 51°14'35"W
50.37 FT. (RECORD=N 51 °49'00"W 50.00 FT.), THENCE N 45°54'00"W
75.00 FT., THENCE N 21 °41'30"W 313.00 FT. TO THE POINT OF BEGINNING
AND CONTAINING 5.88 ACRES, MORE OR LESS.
DATE TIMOTHY M. KEOGH
OWNERS DEDICATION
KNOW ALL MEN BY THESE PRESENTS THAT WE , THE UNDERSIGNED
OWNER( ) OF THE ABOVE DESCRIBED TRACT OF LAND, HAVING CAUSED
SAME TO SUBDIVIDED INTO LOTS AND STREETS HEREAFTER TO BE
THE HACIENDAS SUBDIVISION AMENDED
DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC ALL PARCELS
OF LAND SHOWN ON THIS PLAT AS INTENDED FOR STREETS & PUBLIC USE.
IN WITNESS WHEREOF HAVE HEREUNTO SET THIS
DAY OF A.D., 20
ACKNOWLEDGMENT
STATE OF UTAH
COUNTY OF S.S.
ON THE DAY OF A.D., 20 PERSONALLY
APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR
THE COUNTY OF IN SAID STATE OF UTAH, THE SIGNER( ) OF
THE ABOVE OWNERS DEDICATION, IN NUMBER, WHO DULY ACKNOW—
LEDGED TO ME THAT SIGNED IT FREELY AND VOLUNTARILY
AND FOR THE USES AND PURPOSES THEREIN MENTIONED.
MY COMMISSION EXPIRES
NOTARY PUBLIC
RESIDING IN COUNTY
PREPARED BY
TOC A / Su vAwivc
45 EAST CENTER STREET
MOAB, UTAH 84532 MOAB, UTAH 84532
DATE: MARCH 18, 2010
DRAWN BY:
TM K
CHECKED BY: TMK
PUBLIC WORKS APPROVAL
APPROVED THIS DAY OF A.D. 20 , BY
PLANNING COMMISSION CERTIFICATE
APPROVED THIS DAY OF A.D. 20 , BY
PLANNING COMMISSION
CITY ENGINEERS APPROVAL
I HEREBY CERTIFY THAT I HAVE HAD THIS PLAT AND SAID TRACT
AS STAKED EXAMINED BY THIS OFFICE AND IT IS CORRECT AND IN
ACCORDANCE WITH INFORMATION ON FILE IN THIS OFFICE.
CITY COUNCIL APPROVAL
PRESENTED TO THE
THIS DAY OF , A.D. 20 SUBDIVISION
WAS ACCEPTED AND APPROVED.
APPROVAL AS TO FORM
APPROVED AS TO FORM THIS DAY OF
A.D., 20
COUNTY RECORDER NO.
STATE OF UTAH, CO. OF , RECORDED AT THE REQUEST OF
DATE TIME BOOK PAGE FEE
CHAIRMAN
PLANNING COMMISSION
DATE
ATTEST
ATTORNEY
COUNTY RECORDER
Page 73 of 92
EXHIBIT B
Table of Subdivision Improvements to be Completed Using Escrow Monies
#
Description of Improvement
Quantity
Purpose/Need
Who Owns, Operates, and
Maintains - Long Term
1
Site Work
1.1
Site clean-up
N/A
Site restoration to pre -project conditions
N/A
1 2
Site grading - Perform site grading necessary to reclaim disturbed areas, and achieve safe
and stable slopes that comply with throughout project area
1 lump
Site restoration to pre -project conditions
N/A
1.3
Construct retaining wall/fencing along north property boundary from Mill Creek Drive
R/W (approx.) westward to existing fence.
240 if
Requirement of Conditional Use Permit
Lot Owner
1.4
Install landscaping (incl. irrigation) for front yard area of Lots la & lb
21ump
Requirement of Conditional Use Permit
Lot Owner
2
Sewer System
2 1
Sewer main - Install sewer main from existing system located in Mill Creek Drive to the
point located on plan. (Exhibit C)
160 if
Required public improvements for all
subdivisions
GWSSA
2.2
Sewer services - Install sewer service line from new main to edge of public R/W
3 lump
Required public improvements for all
subdivisions
GWSSA
2.3
Sewer services - Install sewer service line from edge of R/W to building sewer
3 lump
Required to obtain a Certificate of
Occupancy for existing units
Lot Owner
3
Culinary Water System
3.1
Water main - Install culinary water main from existing system located in Mill Creek
Drive and to the point located on plan. (Exhibit C)
225 if
Required public improvements for all
subdivisions
GWSSA
3 2
Fire Hydrant — Install fire hydrant connect to culinary system at locations shown on plan
(Exhibit C).
2 each
Required public improvements for all
subdivisions
GWSSA
3.3
Water services - Install standard residential water service line from new main to new
meter located at edge of public R/W
3 lump
Required public improvements for all
subdivisions
GWSSA
3.4
Water services — Install water service line from meter to building system.
3 lump
Required to obtain a Certificate of
Occupancy for existing units
Lot Owner
4
Storm Drainage System
4.1
Storm Drain Pipes — Install system of inlet(s) and pipe to capture stormwater runoff from
new impervious areas to existing underground dry -well system.
140 if
Required public improvements for all
subdivisions
Moab City
5
Roadway Improvements
5.1
Bonita Street — Construct city standard asphalt pavement section from Mill Creek Drive
to west boundary (approx.) of Lot lb
901f
Required public improvements for all
subdivisions
Moab City
5 2
Bonita Street — Construct city standard curb, gutter and sidewalk along both sides of the
shortened Bonita Street.
1801f
Required public improvements for all
subdivisions
Moab City
5.3
Street Signage and Striping — Install all standard street signs and pavement striping as
apply for Bonita Street.
Lump
Required public improvements for all
subdivisions
Moab City
6
_
Other
6.1
Electrical Power Service — Install permanent electrical service connection to Lots la, lb,
and existing house
3 lump
Required to obtain a Certificate of
Occupancy for existing units
Rocky Mountain Power /Lot Owners
6 2
Communications Service - Install permanent phone and cable television service
connection to Lots la, lb, and existing house
3 lump
Required to obtain a Certificate of
Occupancy for existing units
precis Communications /Lot Owners
6.3
Natural Gas Service - Install permanent gas service connection to Lots la, lb, and
existing house
3 lump
Required to obtain a Certificate of
Occupancy for existing units
Questar Gas/ Lot Owners
6.4
Impact Fees for water & sewer service
1 each
Required to legally connect new dwelling
units to GWSSA system
Cir
N / A
Page 74 of 92
EXISTING CTIN LINK FENCE
L
4S
y/;010
*1\4
4'i,1m
NEW
LOCK RETAINING WALL W/ CHAN LINK FENCE
BON/TA STREET
—4S
EXISTING CURB & GUTTER
EXISTING STORM pDRAIN & DETENTION PSD OND op
PROPOSED BIKE/PEDESTRIAN PATHWAY
.\11//,
'�//III\/III4 ��
//III\\���
y
O
I
W
2i31110 V Ei no 32in1n3
W
W
I
W
& ` ssme^6
66'
18'
c>
D
D
co
G)
co
co
I
I
i
CITY OF MOAB
ENGINEERING DEPARTMENT
217 E CENTER ST
SUITE 220
MOAB, UTAH 84532
(435) 259-4941
www.moabcity.org
HACIENDAS SUBDIVISION REVISION
PROPOSED IMPROVEMENTS
DATE: 3/18/2010
SCALE:1 " = 30'
BY: E.J.
FILE : HACIENDASEXHIBIT.dwg
Page 75 of 92
EXHIBIT D
SUBDIVISION IMPROVEMENTS COST WORKSHEET
PROJECT NAME: The Haciendas Subdivision
PHASE #: Phase 1, Amended - Revised due to default
:ategory
Sub -category
Item #
Item description
Unit
Unit Price
Quantity
Price
Site Work
Restoration of
Site
1.0
Remove and dispose site debris
Lump
$ 1,500.00
1
$ 1,500
1.1
Place fill material to fill unfinished detention basin
Cu. Yd.
$ 3.50
2,400
$ 8,400
1.2
Grade site as necessary to achieve stable & even slopes
Lump
$ 1,200.00
1
$ 1,200
Screening Fence
1.3
Construct retaining wall / screening fence assembly
Lin. Ft.
$ 72.00
230
$ 16,560
Landscaping
1.4
Install irrigation system for front yard Units 1a & 1 b
Lump
$ 900.00
2
$ 1,800
1.5
Prep and seed lawn area
Sq. Yd.
$ 5.00
120
$ 600
Sewer System
Main and service
stubs to lots
2.0
Install 8" dia. sewer main
Lin. Ft.
$ 19.00
100
$ 1,900
2.1
Install 48" dia. concrete sewer manhole
Each
$ 1,200.00
2
$ 2,400
2.2
Install 4" dia. sewer service line
Lin. Ft.
$ 18.00
56
$ 1,008
2.3
Furnish & Install cleanout assembly
Each
$ 150.00
3
$ 450
Building Sewer
2.4
Install 4" dia. sewer service line (portion outside R/W)
Lin. Ft.
$ 18.00
110
$ 1,980
Culinary Water
System
Main and service
stubs to lots
3.0
Construct connection to GWSSA system
Lump
$ 4,800.00
1
$ 4,800
3.1
Patch asphalt pavement
Lump
$ 1,100.00
1
$ 1,100
3.2
Install 8" dia. water main
Lin. Ft.
$ 19.00
145
$ 2,755
3.3
Furnish and Install fire hydrant assembly
Lump
$ 2,400.00
1
$ 2,400
3.4
Install fire hydrant assembly
Lump
$ 600.00
1
$ 600
3.5
Install 3/4" dia. service connection
Each
$ 425.00
3
$ 1,275
3.6
Furnish and Install water meter
Each
$ 300.00
2
$ 600
Restore service to
existing house,
connect new units
3.7
Relocate water meter
Lump
$ 750.00
1
$ 750
3.8
Abandon existing service connection
Lump
$ 200.00
1
$ 200
3.9
Furnish and Install 3/4" water line
Lin. Ft.
$ 21.00
120
$ 2,520
Storm Drainage
System
Roadway
Drainage
4.0
Install curb inlet structure
Each
$ 450.00
2
$ 900
4.1
Furnish and Install curb inlet structure
Each
$ 1,800.00
1
$ 1,800
4.2
Furnish and Install concrete junction structure
Each
$ 1,500.00
1
$ 1,500
4.3
Install 15' dia. culvert pipe
Lin. Ft.
$ 19.00
260
$ 4,940
4.4
Connection to existing storm drain manhole
Each
$ 350.00
1
$ 350
4.5
Raise storm drain manhole to grade
Each
$ 400.00
4
$ 1,600
Roadway
Improvements
Road paving
5.0
Prepare roadway subgrade
Sq. Yd.
$ 0.85
600
$ 510
5.1
Furnish and Install aggregate sub -base
Sq. Ft.
$ 0.60
3,400
$ 2,040
5.2
Furnish and Install aggregate base course
Sq. Ft.
$ 0.80
3,400
$ 2,720
5.3
Furnish and Install bituminous surface course
Sq. Ft.
$ 1.80
3,400
$ 6,120
Curb, gutter &
sidewalk
5.4
Construct 4" concrete sidewalk
Sq. Ft.
$ 4.00
1,240
$ 4,960
5.5
Construct 30" concrete surb & gutter (standard)
Lin. Ft.
$ 26.00
140
$ 3,640
5.6
Construct flared driveway approach
Each
$ 800.00
1
$ 800
5.7
Construct sidewalk ramp
Each
$ 650.00
2
$ 1,300
Signage
5.8
Furnish and Install traffic sign
Each
$ 120.00
3
$ 360
Other
Other utilities to
all units
6.0
Furnish and Install power service connection
Each
$ 600.00
2
$ 1,200
Furnish & Install telephone service connection
Each
$ 200.00
2
$ 400
Furnish & Install gas service connection
Each
$ 400.00
2
$ 800
Miscellaneous
construction costs
Construction Surveying
Lump
$ 2,200.00
1
$ 2,200
Quality Assurance testing
Lump
$ 600.00
1
$ 600
Es mated Construction Cost
10 % Construction Contingency
Construction Total
Construction Administration and Oversight (4 % of construction cost)
Engineering Design for Plan Revisions
Subdivsion Plat Preparation
Sewer Connection Impact Fee
Water Connection Impact Fee
Grand Total
93,538
9,354
$ 102,892
4,116
760
600
4,860
4,500
$117,727
Page 76 of 92
City of Moab
Planning and Zoning Department
Correspondence
PL-m-020
February 16, 2010
Memo To: Honorable Mayor and Members of Council
From: City Staff
Subject: Approval of Council Resolution No. 06-2010 for the Default of the
Subdivision Improvements Agreement for Phase I of The Haciendas
Subdivision
Discussion
The preliminary plat of the Haciendas Subdivision and the conditional use permit for the
twin homes were approved by the planning Commission on June 14, 2007. The final plat
for Phase I was recorded with the Grand County Recorder's Office on January 1, 2008
and the Subdivision Improvements Agreement (SIA) was approved on January 8, 2008,
and is on file in the City Recorder's Office (copy attached).
A twin home dwelling was constructed on the first lot in Phase One and is the only
dwelling constructed in accordance with the development plan. Curb and gutter in front
of this unit are the only improvements that have been constructed in this phase and the
twin home is still on temporary connections for water and sewer.
Staff has been working with Desert Oaks, LLC, the developer of The Haciendas
Subdivision, in an effort to bring to a close the ongoing issues for the completion of
Phase I of the subdivision.
Issues
Currently, the developer is in default of the SIA because improvements were not
completed in accordance with the agreement. An original dwelling that was supposed to
be removed, still stands on the dedicated right-of-way for Bonita Street, a right-of-way
that staff considers essential for utility extensions and access for future development.
The full record of staff's efforts to bring Phase One toward completion with the SIA is on
file in the Planning and Zoning Office. A brief summary of the incomplete items include,
storm water management, infrastructure development, and meeting the landscaping and
screening requirements for the conditional use permit.
For subdivisions, the declaration of default is outlined in the SIA. Basically, the review for
a default is described as when a developer (a) fails to timely complete required
improvements; (b) fail to complete construction in a workmanlike manner; (c) allow
Page 77 of 92
Moab City Council
PL-ID-D2D
February 17, 2010
The Haciendas Default
mechanic's liens to attach to improvements; or (d) otherwise fail to comply with the
improvements agreement shall be issued a notice of violation and informed of their
default under the improvements agreement and guarantee. Developers are given a
reasonable period of time "to cure" or complete the necessary improvements that does
not exceed thirty days. The developers have declined to exercise the cure period.
Recommendation
Adoption of resolution No. 06-2010 is the first step in the city being authorized to utilize
the escrow to complete the necessary improvements for Phase One and give validity to
the constructed twin home. Resolution 06-2010 will bring the city, the developer, and the
property owner a step closer to concluding the noncompliance issues that have lingered
for some time. Staff recommends that Council approve the resolution that will serve as
the declaration of default that will establish the next step in dealing with the plat and
necessary improvements.
p:\planning department \2010\correspondence \p1-10-020 cc haciendas default declare.docx
Page 2 of 2
Page 78 of 92
5-12
Memo To:
From:
Subject:
Background
City of Moab
Planning and Zoning Department
Correspondence
March 18, 2010
Honorable Mayor and Members of Council
Planning Staff
Review of a Boundary Line Adjustment for Property Located at 618 Locust
Lane in the R-2 Residential Zone, as Submitted by Mr. Greg Gorman
The affected property consists of two lots containing a total of 16,400 square feet (.37 acres). The
amended plat will create two lots; one with 7,360 square feet and a second with 9,040 square feet.
The second lot will have the required frontage of twenty (20) feet to Locust lane. Both lots conform
to the dimensional requirements of the R-2 Zone as well as the requirements for flag -shaped lots.
Discussion
This application is being reviewed under code Section 16.08.050, and a public hearing is not
required for approval. The relocation of the existing lot line meets all of the requirements of the
code:
• Approval does not increase the number of lots;
• The lots conform to the dimensional requirements of the R-2 zone for lot width and
area
• Both properties are under a single ownership.
The requirements for flag -shaped lots are found in Moab Municipal Code Chapter 17.06.020,
Definitions and establishes the standards for this type of lot configuration:
• The lot has at least twenty feet of frontage on a dedicated public street, which frontage
serves as access only to the subject lot or parcel;
• The handle portion of the lot is at least twenty feet in width, and not more than one hundred
fifty feet in length;
• That the body of the lot meets the lot area and lot width requirements of the applicable
zones.
Recommendation
Staff recommends approval of the boundary line adjustment. All dimensional and other code
requirements can be met.
p:\planning department \2010\correspondence \p1-10-039 cc bla for gorman.docx
Page 79 of 92
5-13
Fee - $100.00 plus $25.00 per
amended lot or unit.
Receipt No. 114970
MODIFICATIO N OF PROPERTY OR SUBDIVISION LINES
BY
EXCHANGE OF TITLE
Utah State Code 10-9a-608(7)(b)
This section of the Utah Code allows for the exchange of portions of property without
having to amend existing subdivision lines if:
(1) The property lines are adjacent; and,
(2) No new lot results from the exchange of property lines; and,
(3) The "exchange" is approved by the Moab City Council; and,
(4) The legal descriptions of both the original parcels and the parcels created
by the exchange of title is attached as exhibits and to this form; and,
(5) This exchange is signed by all the property owners affected by the
exchange, the Mayor for the City Council and is noticed in accordance
with Utah State Code Title 57-2a `Recognition of Acknowledgements
Act'; and,
(6) The document having satisfied all of the above conditions is to be
recorded at the Grand County Recorders Office, 125 East Center, Moab,
Utah, within thirty (30) days of approval by the Moab City Council.
DATE OF CITY COUNCIL APPROVAL:
MAYOR
Dave Sakrison Date
ATTEST:
CITY RECORDER
Rachel Ellison Date
Page 80 of 92
OWNERS:
State of Utah
County of Grand
The foregoing instrument was acknowledged before me this
by
CCv rman
J
Date
Date
Zo/d
My Commission Expiries: Residing At:
S'-(P 4. ) 2, 2 v1 Z
OWNERS:
State of Utah
County of Grand
Page 81 of 92
amdA-,Aisa-
Date
Date
5-13
Sommar Johnson
From: Becky Byrd [becky@moabreco.com]
Sent: Friday, March 05, 2010 12:12 PM
To: sommar@moabcity.org
Subject: Greg Gorman lot line adjustment.
Attachments: image002.jpg
Sommar,
Greg Gorman would like to adjust the lot line at his residence located at 618 Locust Lane Moab, UT
84532. He would like to have two separate lots. The current house will be on one lot and a back lot to
comply with City Code to have the ability to build a residence and have its own access from Locust
Lane. This way each parcel has its own Parcel/Tax ID # and has the ability to be sold separately. I
have had a survey completed and drawn up to show the projected property lines, access and current
location of Greg's residence.
Please let me know if you need anything else to complete this process.
Thank you very much,
Rebecca M. Byrd, Realtor
435.260.2842 Cell
435.259.0150 Office
435.259.0152 Fax
becky@moabreco.com
www.moabreco.com
HE:J.
C. te. O�,
AtX
i*
Page 82 of 92
5-13
New Gorman Subdivision of Lots 48 & 49
of Bowen Plat of Nichols-BowenSubdivision
5-13
City of Moab
Planning and Zoning Department
Correspondence
March 18, 2010
Memo To: Honorable Mayor and Members of Council
From: Planning Staff
Subject: Review of a Boundary Line Adjustment for Property Located at
593 East Center Street in the R-2 Residential Zone, as Submitted
by Mr. Gerald (Jode) White
Background
The affected property consists of two lots containing a total of 97,357 square feet. In
June 2009, Mr. White applied for a boundary line adjustment to realign the property lines
to create two lots of 37,307 square feet in size and a second with 60,050 square feet in
size. The approval was granted with one condition:
The twenty-five foot wide access and utility easement had to be dedicated to the
city as a public right-of-way.
Mr. White's new request for a boundary line adjustment will amend the plat of his
property to create a western lot of 19,671 square feet and an eastern lot with his home
of 77,686 square feet.
Discussion
This application is being reviewed under code Section 16.08.050, and a public hearing is
not required for approval. The shift of the existing lot line meets all of the requirements of
the code:
• Approval does not increase the number of lots;
• The lots conform to the dimensional requirements of the R-2 zone for lot
width and area
• Both properties are under a single ownership.
Recommendation
Staff recommends approval of the boundary line adjustment if the condition of the
dedicated right-of-way has been completed. This can be completed with the recording of
a plat or a deed that dedicates the property to the city as right-of-way.
p:\planning department \2010\correspondence\p1-10-00 cc hla for white .docx
Page 84 of 92
Fee - $100.00 plus $25.00 per
amended lot or unit.
Receipt No. P. 0 lc. l01
MODIFICATIO N OF PROPERTY OR SUBDIVISION LINES
BY
EXCHANGE OF TITLE
Utah State Code 10-9a-608(7)(b)
This section of the Utah Code allows for the exchange of portions of property without
having to amend existing subdivision lines if:
(1) The property lines are adjacent; and,
(2) No new lot results from the exchange of property lines; and,
(3) The "exchange" is approved by the Moab City Council; and,
(4) The legal descriptions of both the original parcels and the parcels created
by the exchange of title is attached as exhibits and to this form; and,
(5)
This exchange is signed by all the property owners affected by the
exchange, the Mayor for the City Council and is noticed in accordance
with Utah State Code Title 57-2a `Recognition of Acknowledgements
Act'; and,
(6) The document having satisfied all of the above conditions is to be
recorded at the Grand County Recorders Office, 125 East Center, Moab,
Utah, within thirty (30) days of approval by the Moab City Council.
DATE OF CITY COUNCIL APPROVAL:
MAYOR
Dave Sakrison Date
ATTEST:
CITY RECORDER
Rachel Ellison Date
Page 85 of 92
OWNERS:
State of Utah
County of Grand
The foregoing instrument was acknowledged before me this
by Geer ald WIN; -he._
4..— /z -- /o
Date
Date
lam" day of mctc)h . g-DID
My Commission Expiries: Residing At:
OWNERS:
State of Utah
County of Grand
Date
Date
Page 86 of 92
5-14
12/4/09
City of Moab
Planning Department
217 E. Center Street
Moab, Utah 84532
To Whom It May Concern:
My name is Gerald V. White and I am a life-long resident of Moab, Utah. I live at
593 East Center Street, Moab, Utah 84532.
Over the past few months, I have talked to my family about selling the land
located at that address. They have requested that I keep as much of my
property in the family name as possible. However, I am unable to keep the
entire property in the family.
My wife and I are retired and are on a fixed income. My wife and I have also
incurred large medical expenses in the last few years. As much as we would like
to, we just can't keep our entire property in the family name,
We will not be able to meet our financial obligations without selling at least some
portion of our property. We currently have a personal loan from Wells Fargo that
was taken out to simply meet our day to day living expenses. Wife and I need
to sell some of our land at 593 E. Center Street if we want to get by.
Therefore, it is my wish to only sell the bottom parcel of land. This area is
marked as:
(see attached)
Thank you for your time. My wife and I appreciate it very much.
Sincerely,
Gerald V. White
"lef..ee. C-31-41---.
Page 87 of 92
PARCEL A
A DESCRIPTION OF A PARCEL OF LAND IN THE NWI SECTOR 6, T 26 S, R 22 E, SLAT,
MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CORNER WHICH BY RECORD BEARS EAST 929.4 ET. THENCE NORTH
400.0 FT FROM THE WEST CORNER SECTION 6, T 26 S, R 22 E. SIN. AND
PROCEEDING THENCE WEST 144.6 FT. TO A CORNER, THENCE N 1817'W 38.5 R. TO
A CORNER, THENCE N 43'22E 50.9 R. TO A CORNER, THENCE N 1713'W 112.2 FT.
TO A CORNER, THENCE S 76170.E 122.7 R. TO A CORNER, THENCE S 1373E 153.3
FT. TO THE PONT CF BEGINNING AND CONTAINING 19671 SO. FT., MORE OR LESS.
•
SURVEYORS NAR/ZlTIVE
THE PURPOSE OF THIS SURVEY WAS TO MONUMENT AND DESCRIBE THOSE PORTIONS OF THE ,ODE
WHITE PROPERTY AS DEPICTED HEREON.
44
N89'19'E
PARCEL B
A DESCRIPTION OF A PARCEL OF LAND W THE NW( SECTION 6, T 26 S, R 22 E. SIN
WAS CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SCORNING AT A CORNER WHICH BY RECORD BEARS EAST 929.4 FT THENCE NORM
400.0 R. FROM THE WEST } CORNER SECTION 6, T 26 S, R 22 E, SM, AND
PROCEEDING THENCE N 13'23'W 153.3 FT TO A CORNER, THENCE N 78130'W 1227
FT. TO A CORNER, TIERCE N 17I3'0/ 99.6 FT. TO A CORNER. THENCE N 8919'E
242.0 FT. TO A CORNER. THENCE NORTH 14.7 FT., TIERCE EAST 248.5 FT., THENCE
SOUTH 129.0 FT., THENCE S 69'1715 326.3 FT. TO A CORNER, THENCE SOUTH 49.7
FT. TO THE POINT OF BEGINNING AND CONTAINING 77,666 SO. FT., MORE OR LESS.
I'a POST ADJUSTMENT BOUND
N.
PARCEL A "
N
W
m
242.0'
19.671 SO. FT.
25 FT. WIDE EAST CENTER STREET RIGHT-OF-WAY
GRAPHIC SCALE
▪ 20 AO
100
( IN FEL7 )
I inch • 40 IL
RECORD . EAST 929.4'
WEST 1/4 CORNER SECTION 6,
T 26 S. R 32 E, SIN.
WEST 144.6'
BASIS OF BEARINGS
t.1 zC
EAST
STREET RIGHT -OF JYAY DEDICATION
A DESCRIPTION OF A 25.0 FT. WIDE ACCESS h UTILITY EASEMENT IN THE NW( SECTION
6. T 26 S. R 22 E. SLM, MOAB CITY, GRAND COUNTY, UTAH. MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
BEGINNING AT A CORNER WHICH BY RECORD BEARS EAST 929.4 R. THENCE NORTH
400.0 FT. FROM THE WEST ( CORNER SECTOR 6, T 26 S. R 22 E, SW, AND
PROCEEDING THENCE WEST 144.6 FT. TO A CORNER, THENCE N 18'37.W 26.4 FT.,
THENCE EAST 126.1 FT., THENCE NORTH 42.1 FT., THENCE N 69.47E 6.6 FT., THENCE
S 1373E 72.1 FT. TO THE POINT OF BEGINNING.
246.y'
PARCEL B
77,686 SO. R.
LEGEND
40) MONUMENT WELL WITH PIN
• FOUND PROPERTY CORNER SET BY UTAH RL5,1963
• 5/8' REBAR CCRNER SET BY THIS SURVEYOR
SURVEYORS CERTIFICATE
I, TIMOTHY Y. KEOGH, DO HEREBY CERTIFY THAT 1 AM
A REGISTERED UTAH LAND SURVEYOR, HOLDING CERTIFICATE
NO. 171004 AS PRESCRIBED UNDER THE LAWS OF THE STATE OF
UTAH, AND 1 FURTHER CERTIFY THAT UNDER AUTHORITY CIF
THE OWNER I NAVE COMPLETED THE SURVEY DEPIC$pW
DESCRIBED HEREON AND SAME IS TRUE AND CCUC60 D
B//4 1
DATE i TIM71NY M. 14 HY,/M.�"y_
KEOGH r e
' Sr 31 /G ,2` P
s� Vgr f �F 4S
M
15 FT. IYATER PIPELINE EASE/VENT
A DESCRIPTION OF A 25.0 R. ME ACCESS ! UTUTY EASEMENT IN THE NW( SECTION
6, T 26 S, R 22 E, SUM, MOAB OTT, GRAND COUNTY, UTAH, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A PICNT ON THE WEST LINE OF THE GERALD WHITE PARCEL, SAT)
PONT BEARS EAST 778.6 R. THENCE NORM 417.6 FT. FROM THE WEST) CCRNER
SECTION 6. T 26 S, R 22 E, SLM, AND PROCEEDING THENCE N 66'3BE 168.5 FT.,
THENCE N 05941V 27.0 FT., THENCE N 52'40'W 163.0 FT., THENCE N 1923'W
6R2 FT. TO THE 11:0ANUS OF TITS CENTERUNE DESCRIPTION.
KEOGH LAND SEIRVEYING
45 EAST CENTER STREET MOAB, UTAH, 84532
A BOUNDARY UNE ADJUSTMENT OF
THE ✓ODE IPH/TE PROPERTY
IN THE NWI/4 SECTION 6,
T 26 S, R 22 E. Sal, GAND COUNTY, UTAH
PREPARED FOR
./ODE "HITE
DATE: 3-03-10 DRAWN BY: TMK
CHECKED BY: TMK
SCALE: 1'•40'
Fill, 152
BOTNER.DWG
Page 88 of 92
EMap Showing Gerald White Properties
Page 89 of 92
5-14
RESOLUTION 09-2010
A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT AS TO THE CREATION
AND ADMINISTRATION OF AN AFFORDABLE HOUSING TASK FORCE BY AND
BETWEEN GRAND COUNTY, THE CITY OF MOAB AND THE HOUSING AUTHORITY
OF SOUTHEASTERN UTAH
WHEREAS, the City of Moab, Utah ("City"), Grand County "(County") and the Housing
Authority of Southeastern Utah ("HASU") have worked together to create the Grand County and
City of Moab Housing Study and Affordable Housing Plan; and
WHEREAS, said parties have adopted said Plan, which includes the Affordable Housing Action
Plan; and
WHEREAS, the Affordable Housing Action Plan calls for the creation and/or expansion of the
Interlocal Housing Task Force and sets forth the responsibilities of the Task Force; and
WHEREAS, pursuant to the Interlocal Cooperation Act (Section 11-13-1 et. seq. Utah Code
Annotated) and for the mutual benefit of the citizens and inhabitants of the City and the County,
governmental agencies may enter into interlocal agreements.
WHEREAS, an Interlocal Agreement as the Creation and Administration of an Affordable
Housing Task Force by and between Grand County, the City of Moab and the Housing Authority
of Southeastern Utah is attached to this resolution; and
WHEREAS, said Interlocal Agreement establishes the Interlocal Housing Task Force.
NOW THEREFORE, we, the Governing Body of the City of Moab do hereby approve the
attached Interlocal Agreement in substantially the form presented to the Governing Body and
authorize the appropriate officials to execute and deliver said Agreement.
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 23rd day of March, 2010.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel Ellison, Recorder
Resolution #09-2010
5-15
Page 90 of 92
INTERLOCAL AGREEMENT AS TO THE CREATION AND ADMINISTRATION
OF AN AFFORDABLE HOUSING TASK FORCE BY AND BETWEEN GRAND
COUNTY, THE CITY OF MOAB AND THE HOUSING AUTHORITY OF
SOUTHEASTERN UTAH
WHEREAS, the City of Moab, Utah ("City"), Grand County "(County") and the Housing
Authority of Southeastern Utah ("HASU") have worked together to create the Grand
County and City of Moab Housing Study and Affordable Housing Plan; and
WHEREAS, said parties have adopted said Plan, which includes the Affordable Housing
Action Plan; and
WHEREAS, the Affordable Housing Action Plan calls for the creation and/or expansion
of the Interlocal Housing Task Force and sets forth the responsibilities of the Task Force;
and
WHEREAS, pursuant to the Interlocal Cooperation Act (Section 11-13-1 et. seq. Utah
Code Annotated) and for the mutual benefit of the citizens and inhabitants of the City and
the County, governmental agencies may enter into interlocal agreements.
NOW THEREFORE, the City, the County and HASU hereby agree as follows:
1. Purpose of Agreement. The purpose of this agreement is to create and provide
for the administration of the Interlocal Housing Task Force consisting of
representatives from the City, Grand County and HASU, and to provide for
participation of members of the community and other interested parties in Task
Force activities.
2. Creation of Interlocal Housing Task Force. Upon approval of this agreement by
all parties hereto, the Interlocal Housing Task Force is hereby created.
3. Purpose of Interlocal Housing Task Force. The purpose of the Interlocal Housing
Task Force is to carry out, and to recommend to lead agencies when required,
specific action steps as identified in the Affordable Housing Plan as adopted by
the City of Moab, Grand County and HASU. The parties to this agreement may
determine by mutual consent to expand the duties and/or purpose of the Interlocal
Housing Task Force.
4. Participation in Interlocal Housing Task Force. Participation in the Interlocal
Housing Task Force shall be open to individuals and agencies within the
community.
5. Administrative Committee. This Agreement and the activities of the Interlocal
Housing Task Force shall be administered by an Administrative Committee
composed of the Moab City Manager, the Grand County Council Administrator,
and the Executive Director of HASU. Administrative Committee members may
Page 91 of 92
appoint designees to act in their respective places. The Administrative Committee
shall act as the on -going official body of the Interlocal Housing Task Force, and
shall ensure that meetings and activities of the Interlocal Housing Task Force are
conducted in an efficient and open manner The Administrative Committee may
appoint a chair of the Committee or assign other duties to Administrative
Committee members or other Task Force participants.
6. Financial Responsibilities. There shall be no specific financial responsibilities
created by this Agreement.
7. Effectiveness and Duration of Agreement. This agreement shall become
effective immediately upon its approval by resolutions of the County Council and
the City Council, and the approval of the governing board of HASU. This
agreement shall remain in effect until the purpose of the Task Force is fulfilled, or
by mutual consent of the parties, evidenced by action of the governing body of
each party hereto.
DATED this day of , 2010.
ATTEST: CITY OF MOAB, UTAH
By:
Rachel Ellison, City Recorder David L. Sakrison, Mayor
ATTEST: GRAND COUNTY
By:
Diana Carroll, County Clerk Audrey Graham, Grand County
Council Chair
ATTEST: HOUSING AUTHORITY OF
SOUTHEASTERN UTAH
HASU Board Secretary
By:
Lance Christie, HASU Board Chair
Page 92 of 92