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HomeMy Public PortalAboutPKT-CC-2011-03-08CITY OF MOAB March 8, 2011 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 94 Page 2 of 94 Moab City Council Master Meeting Calendar* March 2011 March 2°" S M T W T F Apr" 2°" S S M T W T F S 13 20 27 1 2 3 4 6 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 5 12 3 4 5 6 19 10 11 12 13 26 17 18 19 20 24 25 26 27 1 2 7 8 9 14 15 16 21 22 23 28 29 30 `c m 2 N LLc2 N o m m 2 CO 0 N ' N Q r N (0 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Feb 27 28 Mar 1 2 3 4 5 3100pm 4:00pm GC Counci 5:00pm 6:00pm IQMU Boa 7:00pm 9:00pm GC Counci 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 6 7 8 9 10 11 12 4:00pm 6:00pm 6:00pm 7:00pm GCWB GCAB 12:00pm 2:00pm TRAIL 3:00pm 5:00pm SFSC 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 6:00pm 6:00pm 7:00pm 7:00pm GC PC 7:00pm TSSSFD 8:00pm TSSD 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 6:30pm 9:00pm Moab CC 13 14 15 16 17 18 19 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 5:00pm 6:00pm 6:30pm 7:00pm 6:30pm GCLB 7:00pm GCSDBE 8:30pm CVTC 7:30pm GCRSSD 20 21 22 23 24 25 26 12:00pm 12:30pm M I FJi 5:00pm 6:00pm SEUDHD 6:00pm 7:00pm GC PC 5:30pm 6:30pm 6:30pm MATCAB 8:00pm Moab PC 6:30pm 9:00pm Moab CC 27 28 29 30 31 Apr 2 Moab Oty Recorder's Office 1 3/4/2011 3:26 PM *Meeting end times are approximations only Page 3 of 94 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 94 Moab City Council Master Meeting Calendar* April 2011 April2°" S M T W T F May2°" S S M T W T F S 10 17 24 1 3 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 2 1 2 3 4 9 8 9 10 11 16 15 16 17 18 23 22 23 24 25 30 29 30 31 5 6 7 12 13 14 19 20 21 26 27 28 N N N t9 rn M 0 M N r` 0 M Nq Q Sunday Monday Tuesday Wednesday Thursday Friday Saturday Mar 27 28 29 30 31 Apr 1 2 3 4 5 6 7 8 9 4:00pm 6:00pm 6:00pm 7:00pm GCWB GCAB 3:00pm 4:00pm GC Counci 5:00pm 6:00pm kZMU Boa 7:00pm 9:00pm GC Counci 7:00pm 7:30pm Special CC 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 10 11 12 13 14 15 16 12:30pm 2:00pm GCCOA 12:00pm 2:00pm TRAIL 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 6:00pm 6:00pm 7:00pm 7:00pm GC PC 7:00pm TSSSFD 8:00pm TSSD 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP �:00pm Moab CC , 17 18 19 20 21 22 23 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 4:30pm 5:00pm 6:00pm 6:30pm 7:00pm 5:30pm GCHPC 6:30pm GCLB 7:00pm GCSDBE 8:30pm CVTC 7:30pm GCRSSD 7:00pm 8:00pm Special 11 24 25 26 27 28 29 30 12:00pm 12:30pm MTPSC 6:00pm 7:00pm GC PC 5:30pm 6:30pm MATCAB 6:30pm 9:00pm Moab CC 6:30pm 8:00pm Moab PC Moab Oty Recorder's Office 2 3/4/2011 3:26 PM *Meeting end times are approximations only Page 5 of 94 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 94 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 8, 2011 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 None SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for March 2011 for Helen M. Knight School 4-2 Presentation by the Grand County Middle School Teen Advocates SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) 5-1 Proposed Ordinance #2011-01— An Ordinance Amending the City of Moab Municipal Code, Title 17.00, Zoning and Specifically Amending Chapters 17.06, 17.09, and 17.45 with the Addition of Other Public Facilities in the R-2 Zone SECTION 6: CONSENT AGENDA 6-1 Approval of a Request by Jeanie Mudd for a Waiver of Park Reservation Fees at Old City Park to Conduct a Weekly Farmer's Market from May 11 to October 19, 2011 6-2 Approval of a Special Business Event License for Rockwell Relay to Conduct a Road Bike Relay Race on June 9 to June 10, 2011 6-3 Approval of a Request for Use of Swanny City Park by Rockwell Relay on June 9 and 10, 2011 6-4 Approval of a Request for Use of Swanny City Park by Red Rock Relay LLC on May 14, 2011 Page 7 of 94 6-5 Approval of a Special Business Event License for Red Rock Relay LLC to Conduct a Team Running Event on May 14, 2011 6-6 Approval of a Request for an Amplified Music Event at Old City Park by Dick Pacheco on September 9 and 10, 2011 6-7 Approval of Local Consent of an On -Premise Beer License for Rex Tanner, d.b.a. Blu Management LLC Located at 811 South Highway 191 6-8 Approval of Local Consent of an Limited Restaurant License for Rex Tanner, d.b.a. Blu Management LLC Located at 811 South Highway 191 6-9 Approval of Local Consent of an Full -Service Restaurant Liquor License for Rex Tanner, d.b.a. Blu Management LLC Located at 811 South Highway 191 6-10 Approval of Local Consent of an Club Liquor License for Rex Tanner, d.b.a. Blu Management LLC Located at 811 South Highway 191 6-11 Approval of Moved -on Structure Permit for Geovana Romero to Conduct a To -Go Taco Shop (Tacos Jalisco) Located at 702 South Main Street From March 15 to October 15, 2011 6-12 Approval of Moved -on Structure Permit for Sharee Carlson to Conduct the Ball Park Concessionaire Services (Grannies Snack Shack) Located at the Moab City Ballpark from March 15 to November 15, 2011 6-13 Approval of a Request for an Amplified Music Event at Old City Park by David Lamb on May 21, 2011 SECTION 7: NEW BUSINESS 7-1 Approval of Proposed Resolution #08-2011— A Resolution Accepting the Public Improvements Constructed in Association with the Subdivision Known as "The Preserve Subdivision Phase One", Authorizing the Release of the Performance Guaranty Associated with Said Improvements, and Requiring Construction of Storm Water Drainage Swales on Applicable Lots within the Subdivision at the Time of Construction on Individual Lots 7-2 Approval of Proposed Ordinance #2011-03 — An Ordinance Vacating in Part the Planned Unit Development Plat for the Portal Park Subdivision P.U.D. and Rezoning Portion of the Subject Property to the R-4 Zoning Designation 7-3 Award of the 500 W / 300 W Pedestrian Bridges and Trails Project 7-4 Approval of the 500 W / 300 W Pedestrian Bridges and Trails Project Contract 7-5 Approval of Addendum #1 to Contract with C.E.M. Aquatics 7-6 Discussion and Consideration of a Share of Costs Associated with Joint Lobbying SECTION 8: READING OF CORRESPONDENCE SECTION 9: ADMINISTRATIVE REPORTS SECTION 10: REPORT ON CITY/COUNTY COOPERATION SECTION 11: MAYOR AND COUNCIL REPORTS SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 8 of 94 NRF AMERICAN NONSMOKERS' RIGHTS FOUNDATION Defending your right to breathe smokefree air since 1976 Municipalities with Smokefree Park Laws Enacted as of January 2, 2011 This list includes those municipalities that specified that all city parks and/or specifically named city parks are smokefree. The list does not include those municipalities that have designated smoking areas in city parks, those that provide coverage only a certain number of feet from playgrounds or youth areas, and those that provide coverage only during youth events. , Municipality State. 1. Bay Minette AL 2. Bayou La Batre AL 3. Center Point AL 4. Crossville AL 5. Daphne AL 6. Decatur AL 7. Fayette AL 8. Florence AL 9. Fultondale AL 10. Gulf Shores AL 11. Headland AL 12. Homewood AL 13. Hueytown AL 14. Huntsville AL 15. Irondale AL 16. Jacksonville AL 17. Jasper AL 18. Montevallo AL 19. Orange Beach AL 20. Selma AL 21. Spanish Fort AL 22. Sylvania AL 23. Atkins AR 24. Batesville AR 25. Benton AR 26. Bentonville AR 27. Blytheville .AR 28. Conway AR 29. Russellville AR 30. Goodyear AZ 31. Alameda County CA 32. Albany CA 33. Amador County CA 34. Arcata CA 35. Arroyo Grande CA 36. Atascadero CA 37. Baldwin Park CA 38. Banning CA 39. Belmont CA 40. Berkeley CA , _ _ Municipality LState 41. Beverly Hills CA 42. Blue Lake CA 43. Calabasas CA 44. Calexico CA 45. Camarillo CA 46. Capitola CA 47. Carpinteria CA 48. Carson CA 49. Ceres CA 50. Cerritos CA 51. Chula Vista CA 52. Clayton CA 53. Clovis CA 54. Calton CA 55. Concord CA 56. Contra Costa County CA 57. Corona CA 58. Crescent City CA 59. Culver City CA 60. Del Mar CA 61. El Cajon CA 62. El Monte CA 63. Emeryville CA 64. Encinitas CA 65. Eureka CA 66. Fairfax CA 67. Firebaugh CA 68. Fowler CA 69. Fresno CA 70. Gardena CA 71. Glendora CA 72. Grand Terrace CA 73. Hayward CA 74. Healdsburg CA 75. Huntington Park CA 76. Imperial Beach CA 77. Jackson CA 78. Laguna Beach CA 79. Laguna Hills CA 80. Laguna Woods CA 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 / FAX (510) 841-3071 www.no-smoke.org • am@no-smoke.org Page 1 of 6 Page 9 of 94 � -a Municipality TState -11 CA 81. Loma Linda 82. Los Angeles CA 83. Mammoth Lakes CA 84. Marin County CA 85. Martinez CA 86. Monterey Park CA 87. Napa CA 88. National City CA 89. Norco CA 90. Novato CA 91. Oak Park CA 92. Oakland CA 93. Oceanside CA 94. Palos Verdes Estates CA 95. Pasadena CA 96. Petaluma CA 97. Pinole CA 98. Pismo Beach CA 99. Rancho Cucamonga CA 100. Redlands CA 101. Redondo Beach CA 102. Redwood City CA 103. Reedley CA 104. Richmond CA 105. Rosemead CA 106. Roseville CA 107. Ross CA 108. San AnseImo CA 109. San Bernardino CA 110. San Diego County CA 111. San Dimas CA 112. San Fernando CA 113. San Francisco CA 114. San Gabriel CA 115. San Jose CA 116. San Luis Obispo CA 117. San Mateo County CA 118. San Ramon CA 119. Santa Clarita CA 120. Santa Cruz County CA 121. Santa Monica CA 122. Santa Rosa CA 123. Seal Beach CA 124. Sebastopol CA 125. Simi Valley CA 126. Solana Beach CA 127. South Pasadena CA 128. Temecula CA 129. Thousand Oaks CA Municipality rState 130. Truckee CA 131. Ukiah CA 132. Watsonville CA 133. Windsor CA 134. Winters CA 135. Yuba City CA 136. Yucaipa CA 137. Arvada CO 138. Avon CO 139. Eagle County CO 140. Snowmass Village CO 141. Steamboat Springs CO 142. Timnath CO 143. Colchester CT 144. Wallingford CT 145. Bethany Beach DE 146. Lewes DE 147. Chipley FL 148. Sarasota County FL 149. Athens/Clarke County GA 150. Coweta County GA 151. Douglasville GA 152. Effingham County GA 153. Gainesville GA 154. Henry County GA 155. Marietta GA 156. Hawaii County HI 157. Honolulu HI 158. Clarinda IA 159. Des Moines , IA 160. Glenwood IA 161. Humboldt IA 162. Indianola IA 163. Iowa City IA 164. Johnson County IA 165. Johnston IA 166. Muscatine IA 167. Red Oak IA 168. Scott County IA 169. Tipton IA 170. Urbandale IA 171. Ammon ID 172. Beach Park IL 173. Buffalo Grove IL 174. Chicago Heights IL 175. Cook County IL 176. Deerfield IL 177. Hawthorn Woods IL 178. Highland Park IL Page 2 of 6 Page 10 of 94 ..._ :�.,,;ypijcapality. State 179. Hoffman Estates IL 180. Lake Bluff IL 181. Lake Forest IL 182. Libertyville IL 183. Lindenhurst IL 184. New Lenox IL 186. Northbrook IL 186. Palatine IL 187. Wheaton IL 188. Wilmette IL 189. Zion IL 190. Cumberland IN 191. Elkhart IN 192. Evansville IN 193. Fishers 1N 194. Goshen IN 195. Logansport 1N 196. St. Joseph County IN 197. Westfield IN 198. Winfield KS 199. Baton Rouge/East Baton Rouge Parish LA 200. Shreveport LA 201. Abington MA 202. Attleboro MA 203. Braintree MA 204. Cambridge MA 205. Holliston MA 206. Malden MA 207. Mashpee MA 208. Raynham MA 209. Somerville MA 210. Townsend MA 211. Tyngsborough MA 212. Westford MA 213. Whately MA 214. Augusta ME 215. Bath ME 216. Biddeford ME 217. Bucksport ME 218. China ME 219. Gardiner ME 220. Gorham ME 221. Gray ME 222. Litchfield ME 223. Portland ME 224. South Portland ME 225. Westbrook ME 226. Winthrop ME 227. Huntington Woods MI Municipality _ State 228. Muskegon MI 229. Adrian MN 230. Aitkin MN 231. Albert Lea MN 232. Andover MN 233. Anoka MN 234. Arden Hills MN 235_ Ashby MN 236. Aurora MN 237. Austin MN 238. Battle Lake MN 239. Baxter MN 240. Biwabik MN 241. Bloomington MN 242. Callaway MN 243. Champlin MN 244. Cohasset MN 245. Coon Rapids MN 246. Dakota County MN 247_ Dassel MN 248. Dayton MN 249. Donnelly MN 250. Eden Prairie MN 251. Edina MN 252. Elbow Lake MN 253. Ellsworth MN 254. Fayal Township MN 255. Ham Lake MN 256. Hancock MN 257. Hardwick MN 258. Hastings MN 259. Henning MN 260. Hermantown MN 261. Hoffman MN 262. International Falls MN 263. Kent MN 264. Lester Prairie MN 265. Luverne MN 266. Maple Grove MN 267. Maplewood MN 268. Marshall MN 269. Mendota Heights MN 270. Morris MN 271. Mounds View MN 272. New York Mills MN 273. North St. Paul MN 274. Olmsted County MN 275. Orono MN 276. Parkers Prairie W MN Page 3 of 6 Page 11 of 94 Municipality I State Ag 277. Pelican Rapids MN 278. Plymouth MN 279. Ramsey MN 280. Robbinsdale MN 281. Round Lake MN 282. Savage MN 283. Spring Lake Park MN 284. St. Francis MN 285. Wendell MN 286. Wheaton MN 287. White Earth MN 288. Kahoka MO 289. Kirksville MO 290. Aberdeen MS 291. Batesville MS 292. Ecru MS 293. Greenwood MS 294. Gulfport MS 295. Hattiesburg MS 296. Hernando MS 297. Hollandale MS 298. Kosciusko MS 299. McComb MS 300. Ocean Springs MS 301. Pascagoula MS 302. Petal MS 303. Pontotoc MS 304. Senatobia MS 305. Tupelo MS 306. Walls MS 307. Havre MT 308. Boone NC 309. Grand Island NE 310. Hastings NE 311. Laconia NH 312. Peterborough NH 313. Somersworth NH 314. Bergen County NJ 315. Berlin Township NJ 316. Beverly NJ 317. Bloomingdale Borough NJ 318. Burlington Township NJ 319. Butler Borough NJ 320. Byram NJ 321. Carlstadt Borough NJ 322. Delran Township NJ 323. East Greenwich NJ 324. East Newark Borough NJ 325. East Rutherford Borough NJ Ai Municipality State 326. Fairfield Township NJ 327. Franklin Lakes NJ 328. Glen Ridge NJ 329. Hackettstown Town NJ 330. Hamilton Township NJ 331. Hawthorne NJ 332. Jackson Township NJ 333. Kearny NJ 334. Lavallette Borough NJ 335. Linwood City NJ 336. Livingston Township NJ 337. Logan Township NJ 338. Long Hill Township NJ 339. Mahwah Township NJ 340. Manalapan Township NJ 341. Manville Borough NJ 342. Millstone Township NJ 343. Moonachie Borough NJ 344. Mount Arlington Borough NJ 345. Newton NJ 346. Northfield NJ 347. Oxford Township NJ 348. Point Pleasant Borough NJ 349. Raritan Township NJ 350. Ridgefield Borough NJ 351. Ringwood NJ 352. River Vale Township NJ 353. Rockaway Township NJ 354. Seaside Park NJ 355. Secaucus NJ 356. Shrewsbury Borough NJ 357. Somers Point NJ 358. Stafford Township NJ 359. Teaneck Township NJ 360. Union City NJ 361. Ventnor City NJ 362. Vernon Township NJ 363. Vineland City NJ 364. Wanaque Borough NJ 365. Washington Township NJ 366. West Milford Township NJ 367. West Orange township NJ 368. White Township NJ 369. Wood -Ridge Borough NJ 370. Woolwich Township NJ 371. Albuquerque NM 372. Mesilla NM _ 373. Cooperstown NY 374. DeWitt NY Page 4 of 6 Page 12 of 94 t , „.-Municipality State 375.� Dobbs Ferry NY 376. HomeII NY 377. Hudson Falls NY 378. Moreau NY 379. Newfield NY 380. Niskayuna NY 381. Oneida NY 382. Scarsdale NY 383. Tarrytown NY 384. Sylvania OH 385. Owasso OK 386_ Ashland OR 387. Bandon OR 388. Corvallis OR 389. Crook County OR 390. Happy Valley OR 391. Newport OR 392. Sherwood OR 393. Wasco County OR 394. Brentwood PA 395. East Donegal Township PA 396. Edwardsville PA 397. Erie County PA 398. Kingston PA 399. Lehighton PA 400. Lemoyne PA 401. New Hope PA 402. Quakertown PA 403. Richland Township PA 404. Shoemakersville PA 405. South Heidelberg Township PA 406. Spring Garden PA 407_ Trafford PA 408. Upper Dublin Township PA 409. Upper Southampton Township PA 410. West Goshen Township PA 411. West Pittston PA 412. York PA 413. Warren RI 414. West Warwick RI 415. Clover SC 416. Lexington SC 417. Sumter SC 418. Surfside Beach SC 419. Johnson City TN 420. Abilene TX 421. Anna TX 422. Bellaire TX 423. Conroe TX Municipality 424. Coppell TX 425. Corsicana TX 426. Farmers Branch TX 427. Flower Mound TX 428. Galveston TX 429. Greenville TX 430. Haltom City TX 431. Kaufman TX 432. Kerrville TX 433. Kilgore TX 434. Laredo TX 435. Lindale TX 436. Lufkin TX 437. McAllen TX 438. McKinney TX 439. North Richland Hills TX 440. Pearland TX 441. Portland TX 442. Prosper TX 443. Richardson TX 444. Richland Hills TX 445. Sugar Land TX 446. Tyler TX 447. Beaver UT 448. Cedar City UT 449. Davis County UT 450. Harrisville UT 451. Holladay UT 452. Hooper UT 453. Logan UT 454. Orem UT 455. Salt Lake City UT 456. Salt Lake County UT 457. Santa Clara UT 458. Smithfield UT 459. St. George UT 460. Virgin UT 461. West Valley City UT 462. Rutland VT 463. Bainbridge Island WA 464. Gig Harbor WA 465. Lake Stevens WA 466. Mason County WA 467. Puyallup WA 468. Tacoma WA 469. Appleton WI 470. Columbia County WI 471. Shorewood WI 472. Verona WI Page 5 of 6 Page 13 of 94 N -a Municipality 473. Grant County 474. Burlington 475. Evanston State WV WY WY Municipality State 476. Newcastle WY 477. Pine Haven WY 478. Rock Springs WY Note: The Commonwealth of Puerto Rico prohibits smoking in all parks. If you know of a smokefree park law that is not currently listed here, please contact ANRp at (510) 841- 3032 or am@no-smoke.org. May be reprinted with appropriate credit to the American Nonsmokers' Rights Foundation. 0 Copyright 1998 -- 2011 American Nonsmokers' Rights Foundation. All rights reserved. Page 6 of 6 Page 14 of 94 NYC smoking ban extended to parks, Times Square - WSd.com Page 1 of 2 i The MarketWatch i Phone App is now available. DOWN LOAD THECA Dow Jones Reprnts: This copy is for your personal, non-commercial use only, To order presentation -ready copies for distribution to your colieagues, clients or customers, use the Order Reprints tool at the bottom of any article or visit www.Oepnnts.com See a sample reprint in PDF format. Order a reprint of this article now THE WALL STREET JOURNAL. w5a.�r FEBRUARY 2, 2011, 7 32 P.M. ET NYC smoking ban extended to parks, Times Square Associated Press NEW YORK — New York City's parks, beaches and even Times Square will be off-limits to smokers under one of the nation's toughest anti -cigarette laws passed Wednesday by the City Council. "This summer, New Yorkers who go to our parks and beaches for some fresh air and fun will be able to breathe even cleaner air and sit on a beach not littered with cigarette butts," Mayor Michael Bloomberg said after the 36-12 vote. The smoking ban will cover 1,70o parks and 14 miles of public beaches plus boardwalks, marinas and pedestrian plazas like the one in the heart of Times Square. The ban goes into effect go days after Bloomberg signs the bill; the mayor has 20 days to do it. States and cities from Maine to California have banned smoking in public parks and beaches, but New York is pursuing one of the widest -reaching urban bans. Smoking is also prohibited in Los Angeles city parks and in Chicago parks with playgrounds. Supporters of the New York ban said exposure to secondhand smoke poses health risks. "The statistics don't lie: Secondhand smoke kills," Council Speaker Christine Quinn said. "With this bill, all New Yorkers can now breathe easier and breathe cleaner air." A law banning smoking in New York City bars and restaurants went into effect in 2oo3. Councilwoman Karen Koslowitz voted for the latest ban despite her ambivalence about earlier anti -smoking measures that forced her outdoors in bad weather when she was a smoker. "My grandson used to tell me, 'Grandma, you're going to die,"' Koslowitz, now a nonsmoking legislator, said in announcing her vote. Outside on Wednesday, the wet, raw winter weather didn't seem to bother Cal Johnson as he strolled through the park in front of City Hall, puffing on a cigarette. "I guess I'll have to stop smoking in this park," said the 68-year-old retired Wall Street analyst when he was Page 15 of 94 http://online.wsj.com/article/APc14793acc0ef4e87829ca1 e3ede30274.htm1 -a 2/22/201 1 NYC smoking ban extended to parks, Times Square - WSJ.com t Page 2 of 2 told of the anti -smoking vote. However, "in principle, I support this ban on smoking — even though I'm a smoker," said Johnson, adding he'll smoke on a nearby street where he lives once the new law kicks in. The expanded smoking ban will give the city's Parks Department the power to slap violators with quality -of - life summonses, which are tickets for minor offenses like panhandling or public urination that typically carry fines of under $ioo. However, Councilwoman Gale Brewer, the bill's prime sponsor, said the ban isn't intended to be a legally "punitive program." She said the city expects the law will be primarily self -enforced, with residents warning anyone who lights a cigarette in a park or on a beach that it's illegal. Police won't be responsible for enforcing it, she said. Smokers' -rights groups held protests against the ban after city officials announced last fall that they were pursuing it. And on Wednesday, some of the dozen council members who voted against it said they believed the ban violated individual freedoms. Councilman Erik Dilan called the ban "an infringement on the rights of people," adding sarcastically, "So now, if anyone wants to smoke, they'll have to smoke in the bike lane." Health and environmental advocates applauded the council vote. "Thanks to this policy, public spaces intended for outdoor recreation will now be available for use in the healthy manner they were intended," said Sheelah Feinberg, executive director of the NYC Coalition for a Smoke -Free City. —Copyright 2011 Associated Press Copyright 2011 Dow Jones & Company, Inc. All Rights Reserved This copy is for your personal, non-commercial use only. Distribution and use of this material are govemed by our Subscriber Agreement and by copyright law. For non -personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprinis.com Page 16 of 94 'I -a http://online.wsj.com/article/APc14793accOef4e87829cale3ede30274.html 2/22/2011 CITY OF MOAB PUBLIC HEARING PROPOSED ORDINANCE #2011-01 The City of Moab will hold a Public Hearing on Tuesday, March 8, 2011 at approximately 7:15 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input on Proposed Ordinance #2011-01 — An Ordinance Amending the City of Moab Municipal Code, Title 17.00, Zoning, and Specifically Amending Chapters 17.06, 17.09, and 17.45 with the Addition of Other Public Facilities in the R-2 Zone. In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. /s/ Rachel Ellison City Recorder/Assistant City Manager Published in the Times Independent, February 24 and March 3, 2011. R:\Notices\2011\ph ord 2011-01.docx Page 17 of 94 ORDINANCE #2011-01 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.00, ZONING, AND SPECIFICALLY AMENDING CHAPTERS 17.06,17.09, AND 17.45 WITH THE ADDITION OF OTHER PUBLIC FACILITIES IN THE R-2 ZONE WHEREAS, the City Council ("Council') adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on January 13, 2011, met to hear testimony and determine the merits of the changes to Title 17.00 of the Moab Municipal Code; and WHEREAS, the Commission found that the proposed changes to Title 17.00, Zoning, would benefit the Planning Commission, City Council, and Appeals Authority as well as the residents of Moab City; and WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2011-01 is in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2011-01 in a regularly scheduled public meeting held on , 2011, to hear and decide the merits of the proposed changes to Title 17.00 of the Moab Municipal Code; and, WHEREAS, Council found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2011-01 is hereby adopted to amend the Municipal Code with the following text: Chapter 17.06, Definitions, shall be amended with the following definition: "Other public facilities include, but are not limited to, governmental functions such as libraries, museums, parks, playgrounds, recreational centers, police, fire, or utilities facilities, that are public owned or operated or under public control and jurisdiction, and subject to the provisions of this code. " AND, FURTHERMORE, the Table of Conditional Uses in Chapter 17.09.530, shall be amended to show the addition of a new Conditional Use in the R-2 Zoning District named "Other Public Facilities": Conditional Use Matrix. The following table is a list of conditional uses in the appropriate zones. The general and specific conditions for approval for the review requirements are listed in subsection (h) of this chapter and additional review criteria are listed in Chapter 17.09.531 Conditions for approval of specific conditional uses below. Page 18 of 94 5-1 z CONDITIONAL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- 5 SAR 111H/RV FC- 1 RC I Residential uses Dwellings(/) C Historic: Residential Uses (2) C Secondary dwelling Unit (3) C C C C Multi -fancily dwellings of 7 or more units (4) C C Group Home (S) C C C CC C Public services Utility provider structures and bttildings (6) CCCC CCCCC C Agricultural uses Premises agricultural occupations (specifically retail with feed, seed, fertilizer. equipment and similar items) (7) C C Transportation -related uses Storage or Trucking Company/Terminal (8) C C' Recreational and Entertainment Uses B&B /rooming or hoarding house (.9) C C C RV /travel trailer park (JO) C C RV area within a mobile home park (I1) (' Golf Courses (12) C (' RV court (13) C C Outfitters and guide services(14) C Outdoor recreational uses, commercial (15) C Industrial Uses Self storage warehouse (16) C Asphalt/concrete hatching plant, permanent (17) C CONDITIONAL, USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- 5 SAR ;1IH/RV FC- 1 RC I Asphalt or Concrete Botching Plant, Temporary (18) C (. Wireless telecommunication facilities (/9) C (• Commercial Uses Drive-ihru Windows (20) ( Page 19 of 94 5-1 3 Large commercial and home -based day-care centers(2 / ) CC CC C C C Sales of Manufactured Homes (22) C Land Use Division of small Lots (2 i) CC C C C CCCCC C C Moved buildings (2a) CCCCC C CC C C C C Personal Service Uses Cemeteries, public or private (25) C C Animal pound or kennel (private) (26) C C C C Veterinary clinic (27) C Educational, Institutional and Civic Uses Schools, churches. monasteries, etc. (28) CCC CC C C C C Other Public Facilities, (29) C AND, Chapter 17.09.530, is further amended with the following specific conditions of approval for the use "Other Public Facilities" as required by state law. (29) Other public facilities. This type of use shall be allowed on tracts of land in the R-2 Zone only after approval of a conditional use permit. The standards that shall apply during the review by the planning commission and the city council shall include: 1. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; 2. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; 3. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; 4. Dust, glare, odor, and noise shall be confined within the boundaries of the property; 5.Outside storage of equipment, materials, and supplies shall be prohibited; 6. The use shall demonstrate that there is a benefit to the neighborhood or community; 7. A traffic study may be required to evaluate the impacts on the public rights of way. AND, 17.45.020, Use requirements, for the R-2 Zone shall be amended with the addition of an Item K, Other Government Facilities, as allowed under an approved conditional use permit, and read: Conditional Uses. K. Other public facilities are allowed when an approved conditional use permit has been granted by the City as required under Chapter 17.09.530. p:\planning department\2011\ordinances\ord 2011-01 other public facilities in r-2.docx Page 20 of 94 5-1 CITY Opt. �, .a.. MOAB City of Moab Planning and Zoning Department Correspondence ..i February 3, 2011 Memo To: Honorable Mayor and Members of Council From: Planning Staff Subject: Approval of Ordinance #2011-01 Amending the Uses of the R-2 Residential Zone by Adding a Conditional Use of "Other Public Facilities" as Referred to Council by the Planning and Zoning Commission Discussion The city has received an application for a code amendment from the school district and the BLM. The request is to amend the R-2 Zone to allow activities that are carried out by government entities other than the City of Moab and the school district. The proposed R-2 Zone change is being presented as a conditional use and could include a wide variety of uses under the banner "Other Public Facilities". The changes to the code would require that three sections be amended; a definition of Other Government Facilities would be included in Chapter 17.06, a change to the recently adopted Table of Conditional Uses in Chapter 17.09.530, and changes to 17.45.020, Use requirements, for the R-2 Zone with the addition of an item K, Other Government Facilities, as allowed under an approved conditional use permit. Within chapter 17.09.530, specific conditions of approval are also required so that the approval of the additional conditional use will meet state code. The following draft code sections were reviewed by the Commission in a regular meeting held on January 13, 2011. The commission unanimously voted to recommend that Council approve the change to the code. "Other public facilities include, but are not limited to, governmental functions such as libraries, museums, parks, playgrounds, recreational centers, jail or correctional facilities, police, fire, or utilities facilities, that are public owned or under public- owned or operated or under public control and jurisdiction, and subject to the provisions of this code. ° Page 21 of 94 5-1 The table of Conditional Uses would now consist of XX types of conditional uses as shown below. (b) Conditional Use Matrix. The following table is a list of conditional uses in the appropriate zones. The general and specific conditions for approval for the review requirements are listed in subsection (h) of this chapter and additional review criteria are listed in Chapter 17.09.531 Conditions for approval of specific conditional uses below. CONDITIONAL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- 5 SAR MH/RV FC- 1 RC I Residential uses Dwellings(/) C Ilistoric Residential Uses (2) C Secondary dwelling Unit (3) C C C C Multi -family dwellings of 7 or more units (4) C C Group Home (5) CCCCC C Public services Utility provider structures and buildings (6) C C C C C C C C C C Agricultural uses Premises agricultural occupations (specifically retail with feed, seed, fertilizer, equipment and similar items) (7) C C Transportation -related uses Storage or Trucking Company/Terminal (S) C C Recreational and Entertainment Uses B&B /rooming or boarding house (9) C C C RV /travel trailer park (10) C C RV area within a mobile home park (11) C Golf Courses (12) C' C RV court (13) C C Outfitters and guide services (14) C Outdoor recreational uses, commercial (15) C Industrial Uses Self storage warehouse (16) C Asphalt/concrete hatching plant, permanent (/ 7) C Page 22 of 94 5-1 CONDITIONAL USES R- 1 R- 2 R- 3 R- 4 RA- I A- 2 C- 1 C- 2 C- 3 C- 4 C- 5 SAR MH/RV FC- 1 RC I Asphalt or Concrete Batching Plant, Temporary (18) C C Wireless telecommunication facilities (19) C C Commercial Uses Drive-thru Windows (20) C Large commercial and home -haled day-care centers(21) C CC C C C (' Sales of Manufactured Homes (22) C Land Use Division of small Lots (2.3) C C C C C CCCCC C C Moved buildings (24) C C C C C CCCCC C C Personal Service Uses Cemeteries, public or private (25) C C Animal pound or kennel (private) (26) C C C ( • Veterinary clinic (27) C Educational, Institutional and Civic Uses Schools, churches, monasteries, etc. (28) C C C C (' C C C C Other Public Facilities, (29) ( 17.45.020 Use requirements. The following uses shall be permitted in the R-2 residential zone: A. One -family dwellings and the following accessory buildings and structures: private garage and/or carport for the storage of automobiles owned by persons residing on the premises; greenhouses for private use only; private swimming pools; pergolas and arbors; B. Planned unit developments subject to the requirements and conditions set forth in Chapter 17.66, (Planned Unit Developments) of this title relating to large-scale developments; C. Fences, walls, and hedges which do not exceed seven feet in height provided that no fence, wall or hedge shall exceed four feet in height within the required front or side yard that fronts on a street; Page 23 of 94 5-1 D. Customary household pets, including but not limited to cats, dogs, potbelly pigs and canaries; but not including the breeding of potbelly pigs, cats and dogs for sale or otherwise. All sections in Title 6 referring to dogs shall likewise be applicable to potbelly pigs; E. Public schools, public libraries, public parks, playgrounds, recreation buildings and churches, but not temporary revival tents or buildings; F. Agriculture; G. Temporary buildings and yards for the storage of materials and equipment incidental to the construction of dwellings and other permitted uses; provided, however, that a permit for such temporary building shall not be effective for more than one year; H. Home occupations; I. Two-family dwellings; J. Child day care centers and foster family care homes. K. Other public facilities are allowed when an approved conditional use permit has been granted by the City as required under Chapter 17.09.530. In addition, the use will have a list of specific conditions that must be addressed. (29) Other public facilities. This type of use shall be allowed on tracts of land in the R-2 Zone only after approval of a conditional use permit. The standards that shall apply during the review by the city shall include: 1. The proposed use shall be situated on a tract of land not less than 3(?) acres in size; 2. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; 3. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; 4. Dust, glare, odor, and noise shall be confined within the boundaries of the property; 5. Outside storage of equipment, materials, and supplies shall be prohibited; 6. The use shall not generate more traffic than the typical or average single-family dwelling unit. Process Code Chapter 17.04.100, Action by City Council. Paragraph "A." allows Council to adopt amendments to the code without a public hearing; Page 24 of 94 5-1 "A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held following receipt of the planning commission recommendation." Paragraph B goes on to state, "In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance." Recommendation Staff agrees with the Planning Commission and recommends that this amendment to the code be approved. Alternatives In its action, Council can: 1) Approve Ordinance #2011-01 as recommended by the Planning Commission; 2) Approve Ordinance #2011-01 with any changes necessary to address concerns; 3) Vote to not approve the ordinance; 4) Table the ordinance in order to satisfy needs for additional information. p:\planning department \2011\correspondence\pI-II-021 r-2 school change.docx Page 25 of 94 5-1 March 4, 2011 Jeanie Mudd 3018 Old City Park Road Moab, UT 84532 259-5095 Dear Mayor Dave: Several of us have been considering holding a farmer's market, more like a gardener's market on Wednesday evenings at the Old City Park. The time we are considering would be from 5:30 to 7:30 or 8:00 PM. This weekly event would begin about the middle of May and run through mid -October. We would like to use the pavilion at Old City Park for our weekly gardener's market. There would be no need of electricity and no need to have extra setup structures. The intention would be to be strictly garden grown vegetables and fruits. We would like to request a fee waiver in order to have the gardener's market on Wednesday evenings when the pavilion is available. We do not intend to charge gardeners for this community service. Thank you for your attention in this matter. Sincerely, Jeanie Mudd dAta— Page 26 of 94 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259- 4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): aTRANSIENT (SKI): OR In CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $80.00 g L:OD l teo0 NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: [��c,LGw�ll Y�+ela� : -1-o rand b��cc, rCka. i era �v S WGot.k si 1PArK ADVA-L-elt-S-1- 4DYY1Eaf It It ( c-qaorey-) TEMPORARY STRUCTURES TO BE USED (IF ANY): ^� 0/ 5 (py..,IO LA11.00 Q S, �J�� fM Z'�MkG� 1� 41oll�rC.5+ 46(��-� � ' 5.4- 6jl DATE(S) AND TIME(S) OF EVENT: t htl.�('. , LCY`Q� 611 J24{41 �.I6 1l�yDj+t -{41.Ypk.51-- FYI • D MI d -It Dv A1 An ANTICIPATED # OF EVENT PARTICIPANTS: jQV - 1%Or? NUMBER OF VENDORS PARTICIPATING: l r )1Ica+✓ 7j- (p 5j0D 11.50( QQ,rd ,ZQ t 1� I_ ,also TYPES OF VENDORS PARTICIPATING IN EVENT: b1 (4 Y�.�� eOC�OL,I C ) A.Vk-4 Pp�`a i t, 0-r}tY FJl �e- pY�d1 t rselevice- ‘10.4,Apos �isv l EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): Yea§ ST■ �C� n� Cert.- f Lu cX )„ 1v'te1[Lktv.+�4.4, re, C tiiI{[� �2�Se.E$� • 51,:4A-5, ►okte boikie-s, n-Fc EVENT SPONSORS NAME: P.,Qck- W.e-l1 iQ•d-t41 - � 1'� � L l7Gc �T PHONE: 'ED I - gU� - LSD% 3 SPONSOR'S ADDRESS: - to � . jam S • CITY: -F y yrci STATE: Ll- ZIP: 75,14 SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: DATE QF BIRTH: TYPE OF ORGANIZATION: ❑PROPRIETORSHIP El PARTNERSHIP CORPORATION ODTHER(SPECIFY): L EVENT SPONSOR'S SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX 1D: R DC--14AL e-(1 THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE, ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BF DELAYED. INVE pth ti �3- tEAsE Pd HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. IIWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. yal l{ State of Utah ) ) SS County of Grand ) ,ul SUBCRIBED AND SWORN to before me this ,�. day of rel u rury , old { . llSEE BACK OF FORM FOR ADDITIONAL REQUIREM . Page 27 of 94 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW; LA. rk. 5-k elotto.".. -T Igx. Se f rpss LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED O No CI YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01/05 Page 28 of 94 � -a CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: DATE: �x4�TlNC� SWAINIIN PAW- �ziFIN61 11- t•1 ❑ YES No ❑ YES No NAME of APPLICANT: APPLICANTS MAILING ADDRESS: -)J420 E- .r 5 PHONE: 8a `- p - ODY CITY: follf 141:01Oj'Y4 STATE: 1.A.T ZIP: 040 Z.d BUSINESS NAME: P.-1)86-1..oei, 1 P--64_y :I: �U BUSINESS LOCATION: 1 5 LoccYLYeti .P . v /-- r ZONE: 1291 ` DETAILED DESCRIPTION OF BUSINESS ACTIVITY: CLOP-J. ■dik--1--- re.14,-1 recL1 corr•rKa-0-6ri-. 44" 51-4-)44.I1-Y1-4- ?evdI� -tK Ystz 9 An-c1. �nevi••� `!+ti 5*. C14a-tee• PA. rV ui.11. 6. 4�L,.�k f 1 ialrk; vAirk cyt-'rl -'one) ,resSi *11/4-r44► c.. 'e krice-f et cl- `,Q, 94,y,Gakev b Yer'��'�, , , WI'tid 5A`1.C4- !...1 me, G., YLitc_, • 1 kuxsaiLli aWwL g asicaortbo . -4(.-c 1,+L-�1,_ �,tide.L.1 SkV1v t91Toll ►rv►d- YKaY ►u,n. OG/16/05 Page 29 of 94 �-a Rockwell Relay 360 East 500 South Farmington, UT 84025 February 1, 2011 City of Moab City Council 217 East Center Street Moab, UT 84523 Dear Members of the City Council, Rockwell Relay held its first "Moab to St. George" bike relay last June and it was a great success. We are hoping to make this an annual event, with the next relay scheduled the second weekend of June 2011. As such, we are requesting your approval for our use of a portion of Swanny Park. Our expectation is that we would follow the same format as last year, utilizing the northeast corner of Swanny Park beginning Thursday (June 9th) late afternoon until mid -evening for packet pickups by cyclists, then early Friday (June 10th) morning for remaining packet pickups, a pancake breakfast (we provide this), and the relay start at 8:00. We should be cleared out by mid -morning. The race concludes in St. George so we would not be returning to Moab during this event. Like last year, we would like to have our Rockwell semi parked along the northern end of the east side of the park, from Thursday afternoon until Friday mid -morning. Many of our supplies will be in the truck and we will conduct the packet pickups there. The driver will remain with the vehicle during the night. We would like the start line again to be on the east side of the park (just south of the truck), with the cyclists heading south along 1st West. I talked with Police Chief Navarre and he was very positive about the event. I will be calling his office again do discuss the expected route in more detail. With cyclists, support crews, and Rockwell staff and volunteers, we expect about 300 to 500 people. Last year (also our first year) the number was close to 100, so this will be a larger group. I am enclosing an application for a Special Business Event License and will submit the $160 fee. Thank you very much for your consideration in allowing our event to again utilize Swanny Park. We were very impressed last year with the hospitality shown by everyone we encountered in Moab, and we are excited to return this June. We also greatly appreciate all of those that have helped thus far for our 2011 relay. The city staff is amazing! Sincerely, Aamf_&-rw-37-JE- Anita Stewart Event Coordinator 801-809-0083 anita@rockwellrelay.com Page 30 of 94 (. February 20, 2011 D ROCK R EL AY Dear Council Members; We are extremely excited to launch Red Rock Relay Moab! We have been looking forward to expanding from our Zion race to the Moab region for two years now. With registration open for just over 2 months we already have over 100 teams of 6 and expect upwards of 200 before race day. Our athletes are mostly return customers from our Zion race and are so thrilled to be able to come to Moab to run with their friends and family again. The Moab race is 70 miles from start to finish. Our starting line will ideally be held at Swanny Park and will take place on May 14th, 2011. We would very much like to be able to host our pre race check -in the night before at the new Recreation Center to showcase it to all of our participants. We have talked with the Parks Department regarding this already and they seem excited and willing to have us. As you are aware, our event is very unique from other races. It is a 6 man team running relay where just one team member is on the road at a time. Also unique is our staggered start times with 2 runners leaving every 5 minutes or so. This means we can host hundreds of teams and still move along our course with very little impact, no road closures, and minimal danger to our runners. The team vehicles leap frog their runner to the next exchange point every 4-6 miles on average along the course where the next runner awaits the baton handoff. Our proposed course starts in Moab at Swanny Park and follows River Road (hwy 128) to Castle Valley. It continues over the La Sal Mountain Loop road returning via Spanish Valley into Moab and ends at Swanny Park that evening. Most teams average a 10 min pace making their overall time somewhere in the 10-12 hour range. Our slower teams leave bright and early and the faster teams leave later on. This makes the course very low impact and allows teams to all finish within a narrow window in the afternoon/evening and in time for the awards ceremony. Our runners are mostly between the ages of 35-50, 65% female, and from generally financially sound background. They are ideal to the local economies as they are clean, healthy, fun loving, and happy to spend -a -few -bucks folks. We have met with Chief Mike previously to discuss the race and he was gracious and enthused about our event. We are happy to work with all local agencies to make it as smooth and safe as possible and appreciate all recommendations from you and others in the process. Attached you will find additional information including maps to help answer any questions or concerns that may arise in the review process. Please don't hesitate to contact me anytime to discuss the race. Thank you for your time and consideration! Sincerely, Tim Collings Race Director red rock relay moab llc po box 971622 orem, ut 84097 801-830-1099 www.redrockrelay.com Page 31 of 94 6-4 Rachel Ellison From: moriahproperty@gmail.com on behalf of Redrock Relay [tiro@redrockrelay.com] Sent: Sunday, February 20, 2011 9:40 PM To: rellison@moabcity.org; chief@moabcity.org; donna@moabcity.org; jennie@moabcity.org Cc: matt ward Subject: Red Rock Relay Moab Hello all, Thank you for meeting with us last week. We are very, very excited for Red Rock Relay Moab. We have been extremely impressed with your enthusiasm and willingness to support our event. Attached you will find a letter to the City Manager and City Council Members, Various maps and pits of our race course, and an aerial tour via google earth that travels the entire course for fun. Thank you again for your time and we look forward to seeing you soon! Sincerely, Tim Collings Race Director Tim Collings 801-830-1099 www.redrockrelay.com <http://www.redrockrelay.com/> Page 3L of 94 HATE PAID: AMOUNT PAID: RECEEPT NO.: 64Is/1r I Coo . (9--0 tt 33S7 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): TRANSIENT MD): /// OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: $80.00 cf0.co LICENSE #: ZONE: /1-24t Vot;ev.iS NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: 12,ELp0-1 LLC �UwN INC-, Ev ENI-T Sw -NA N y pN K" M M TI Lf1 s Act__ 5LA TEMPORARY STRUCTURES TO BE USED (IF ANY): A_ V10 PILES, DATE(S) AND TIME(S) OF EVENT: mPry lLI1 20/l ANTICIPATED # OF EVENT PARTICIPANTS: TYPES OF VENDORS PARTICIPATING IN EVENT: 7009 Loop — SPAQ vAuEy - 5wANNY PA#-. NUMBER OF VENDORS PARTICIPATING: —FBI) k-ibi2 FvL.L_y 2 - � txcprt_-- EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): 1\10 �� S d"TLI5,___ i-1-rAN P,e- �P Pn fJ 12-. SMP—An cJ O N LrI rJ EVENT SPONSOR'S NAME: 4N `7 "DAP:, i PHONE: SPONSOR'S ADDRESS: PC) Rn xC 9 9- f a ZZ CITY: Q 12spA_ STATE: 1,) 1 ZIP: V--(U9 9- SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY; SPONSOR'S SOCIAL SECURITY NUMBER; DATE OF BIRTH: TYPE OFORGANIZATION: O PROPRIETORSHIP ❑ PARTNERSHIP ❑ CORPORATION *THER (SPECIFY): L.LC EVENT SPONSOR'S SALES TAX ID #: --T-1) NAME REGISTERED WITH THE STATE FOR TAX ID: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. LANE 17NA CDLLIQa'7,,,s PLEASE PRIVY tIP.ME(5) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. IN VE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPON INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. Stat of 'tah o pansor SS HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY Date County of Grant! ) J SUBCRIBED AND SWORN to before me this /) day of A.-'•'4-fcrill , ?Oi/ . /~ J f/GPI �1 I-L/t1_— NOTARY PUBLIC l JGI (f SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 33 of 94 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: .ww.u..A..O•rw►.....31111" i rai•ftR--'M►•"Ap Page 34 of 94 07/01/05 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: dll sAr-e f-exiS7ileq MOAB CITY CODE: am" SIGN PERMIT: 41144 44i;1 a-e0ck. AppledrA MOVED -ON NECESSARY: ❑ YES REQUIRES PLANNING �y COMMISSION APPROVAL ❑ YES IT NO REVIEWED BY ZONING ADMINISTRATOR: DATE: oI i lim 6 d?- (5-.7 NAME OF APPLICANT: 1 ~M Cot_t_,NGS APPLICANT'S MAILING ADDRESS: { O kjG 9 9 4 c Q2 _ PHONE: CITY: Q M STATE: k.) ] ZIP: 71-4 o 7 BUSINESS NAME: �� ?-pC l4 Ri.c.Prt-r NIOfi$ BUSINESS LOCATION: Fit:] (&) iC 9 9 1 lO ZZ Q {�- J". U 1 U'lM T ZONE: Fieei irvi DETAILED DESCRIPTION OF BUSINESS ACTIVITY: CO M ,4i.„) TT 74-01 ,(1N N I Al »V r. (kJ "7"- fv1 o AS; 5W AN N Li P fk4-0, A-9-00 N) D M A.n11 LA- SPcz_ Lo aP Ar,) Q AC,A1,-,1 `r-Ei Mom Page 35 of 94 Ob/16/O5 I! r Red Rock Relay E Maps http://redrockTelay.com/moab/the-course/maps/ IFDROCtia RELAY n arches 8/41.0eal Park Dears Mores Stein Park Starr MC1AS F Irish Cite awiry 20 Page 36 of 94 (0-5 2 of 2/15/2011 11:37 AM L.? CO k%1'' '} a. ' �§t¥ . tt ¥ libI-� i�T a2� r ,_.4lm<_± � J� \i y - • ,/ ee • -,, -• -_- �m �: � 2 � � �� 047 / I � -. 4,■1-a - .1:\m¥Cep . k--',-lk4��£ . . ■ 2' 41 , rt ./�I.� � � R / � `. z . , �• ®Wm mGve _t �•� ' f' . ■\ ,'\• 54'509'N1 eI .0'@6a 3993# RAee . 11:P 'I A 11PZ:W •.011 e710571■ 1"? CO . \!\ ri� -1 2 & 300 _ adSS \ � ¥�ii-w .' E. « *: .- _k - r \ '« - f§y. _ -k�h N. . y @ �. R»' \ \#�d� f\ , _. - _ y G | . , Image Q ¥ Utah . . e . ` '+\` %} � ƒ. . . . I 3 7mq g> i . 1.. z � ! \� \r. , i \ @ wvRme 17.;312 g5 & 1.997 m 5 1K22 Nip ° ' J 4" G 6 a 4047 , CO :I inag p r.y. Date'402102 S 07 _ �r� Y Yr'ti,•*�� �J I r# {y 4�1 4Y °1#$Ic ral rr.� r " �{I - '~ l' ;� SIC .4.. . �kry20� 11G oo..gI •+'�rltJi - `...� —. y ' s .. 33-341d3 84' N 109`33'03.73" 'AI eiev 4036 it Eye a,t 31033 t- ") N r Shut/Finish IID 2011AG opgle if 38 3*4,1.35" N 109°33'13.0r oiev CO ;xt $rt 52.93 It FRIENDSHIP RIDERS ANNUAL EVENT 2011 THIS EVENT IS PLANNED FOR MOAB UTAH ON 9/9/11-9/10/1 1. THE MAIN EVENT TO BE HELD AT OLD CITY PARK ON 9/10/1 I. THE PRELIMINARY PLAN IS TO HAVE LIVE MUSIC IN THE EVENING ALONG WITH A CATERED DINNER. THE REGISTRATION TIMES FOR THE RIDE IS 8:00 TO 10:00. A BRIEF CEREMONY TO HONOR MEN AND WOMAN OF THE ARMED FORCES AS WELL AS OUR LOCAL LAW ENFORCEMENT, FIRE, AND EMS. IT'S ANTICIPATED THAT THERE WILL BE PARTICIPANTS FROM MOST OF THE WESTERN UNITED STATES WITH AN ESTIMATE OF 150 TO 200 RIDERS, AS WELL AS FAMILY, FRIENDS AND LOCAL CITIZENS THAT WOULD LIKE TO BE PART OF THE CELEBRATION BUT DON'T RIDE A MOTORCYLE. THE PUBLIC IS INVITED AND FOR A SMALL FEE CAN PARTICIPATE IN THE PRE AND POST RIDE CERMONIES AND DINNER. THE FEE OF COURSE IS TO COVER THE COST OF THE FOOD ANY QUESTIONS YOU MAY CONTACT ME DICK PACHECO AT 260-2755. 2011 COMMITTEE CHAIRMAN FOR THE EASTERN UTAH FRIENDSHIP RIDERS YOU MAY VISIT THE WEB SITE W W W.EUFR.ORG THANK YOU DICK PACHECO Page 41 of 94 Date: UTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 1625 S 900 W • PO Box 30408 • Salt Lake City, UT 84130-0408 • Phone (801) 977-6800 • Fax (801) 977-6889 "ON -PREMISE (Tavern) BEER LICENSE" _3 If LOCAL CONSENT Attn: DABC Licensing & Compliance Section 7;1 b %.3 , [X] City [ j Town [ ] County hereby grants its consent to the issuance of an on -premise beer (tavern) retailer license to: Business Name: Applicant / Business Owner: Location Address: 87/ /-7-(Ay 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. [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 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 Print Name / Title This is a suggested form. 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 6.24.10 page 6 of 36 Page 42 of 94 �7 "LIMITED RESTAURANT LICENSE" LOCAL CONSENT Attn: DABC Licensing & Compliance Section M(711-B Date: , [City [ ] Town hereby grants its consent to the issuance of a limited restaurant license to: SZ L( 4/- 4-G�y)7 LC, c Business Name: [ ] County Applicant / Business Owner: �EK0/-J" Location Address: t56//1 1/ / 9/ Pursuant to the provisions of Utah Code 32A-4, Part 3, this license allows for the storage, sale and consumption of wine / beer on the premises. [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32A-4-302 (4)(c)(i)(A), the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Print Name / Title This is a suggested form. 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 Sait Lake City, UT 84130-0408 Effective May 12, 2009 (v.8,16.10) Page 7 of 42 Page 43 of 94 "FULL -SERVICE RESTAURANT LIQUOR LICENSE" LOCAL CONSENT Date: 3 - 7" 7/ Attn: DABC Licensing & Compliance Section /77(Wle , [X,City [ ] Town [ ] County hereby grants its consent to the issuance of a full -service restaurant liquor license to: Business Name: Sa/ /27X4A)/9. Ci?1&%- 7- Applicant / Business Owner: /eE.lC //gNh,C—n_ Location Address: 87/ o-75 /-/-”/ /9/ Pursuant to the provisions of Utah Code 32A-4, Part 1, this license allows for the storage, sale and consumption of liquor on the premises. [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32A-4-101(4), the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Print Name / Title This is a suggested form. 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 Effective May 12, 2009 (v.8.16.10) Page 7 9441e 44 of 94 �-9 "CLUB LIQUOR LICENSE" LOCAL CONSENT Date: Attn: DABC Licensing & Compliance Section /?7e)s—,8 hereby grants its consent to the issuance of a club liquor license to: Business Name: City [ ] Town [ ] County </,/ /% 4,,,,/ 9 6, 6-70 % L C_ Applicant / Business Owner: �X / /ue--72._ Location Address: o// ei.S5 i2%-c) /9/ Pursuant to the provisions of Utah Code 32A-5, this license allows for the storage, sale and consumption of liquor on the premises. [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32A-5-101(6)&(7), the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Print Name / Title This is a suggested form. 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 6.24.10 page 7 of 43 Page 45 of 94 MOAB CITY MOVED -ONE STRUCTURE PERMIT BUSINESS NAME: L Ot C OS 3--01\_ 1,SC O ! BUSINESS PHONE: (4 3s) 0-[0 - I D3q OWNER'S NAME C- -eC7v a_.Y\ 0.. r3r- 0 rn e,v D OWNER'S PHONE: Cy 36) a I. Q' 1 (� MAILING ADDRESS: .=_, 0-ti j "06 t-r-T 5 ?ci , Moab P (3 J O T 5? a PROPOSED USE OF STRUCTURE: c 1 0 - �i ! Q r� � r d S �1-7D i0 1 TYPE OF STRUCTURE: Y" 0 10 ( L � S-1--i- u C-`(--U r e ADDRESS OF PROPOSED STRUCTURE 'S LOCATION ! C . S - !vi a I n S .i_ . :0 Q (? hQ t () I � T NAME OF PROPERTY OWNER (PRINT): o `( c - Co O v-e 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: v '% Ms) f N1rki SIGNATURE OF OWNER APPROVING USE OF RESTROOM FACILITIES: COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: DYES ❑ NO ZONE: C"\- '1 p Zoning Administrator's Signature:n� 4 BUILDING PERMIT REQUIRED: ❑ YES li NO BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL MOVED -ON STRUCTURE FEE: 1 % STATE TAX: $375.00 3.75 $378.75 PYMT REVD CITY OF MOAB LIAR 1 2011 r «44,+-1* a7 MOVED -ON STRUCTURE TERM: FRONT 31/S'/ J TO %� L� a,� J Aria Required inspections on back. II r SIGNATURE OF CRY RECORDER CITY OF MOAB MOVED -ON STRUCTURE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 BUSINESS NAME: \ a co S act\ iSc o ADDRESS OF MOVED -ON STRUCTURE: 0 c) • VA CLi n Sk•-• M D O[/ ( UT. $ 41,5,3D 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 REaUIRED) INSPECTION REQUIRED: 0 YES 0 NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED 0 REAsoN: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: 0 YES 0 NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED 0 DISAPPROVED 0 REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 471 SOUTH MAIN INSPECTION REQUIRED: O YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE 1 03/05/04 Page 47 of 94 -� V- ec YZ Gl e Y l 0,..c0 c o a�0- 0 12.! MMV-014as MOAB BREWHO ISE LC i O CEO Nv \,NOJ r 5� '1/4'1\ .40 1.7.1 J & J PROPERTIES OF TROY LLC\ 01-MMV-0118 EE SEPERATE I;LAT FOR so , POB PLAT -I 13 '12 Page 49 of 94 zt, 110d IV15141,V2WHS H\H \ 0 \ r.14$4' 01 3SflOHM3118 WOW `1OBb 10-MAIN j ' Z I �% Page 50 of 94 176 Je LS abed MOAB CITY MOVED -ON STRUCTURE PERMIT BUSINESS NAME: vil/}ietA4/Y1_,_e2g p ATA,C4 OWNER'S NAME SA-49 e_ a/ MAILING ADDRESS: % FrY) J JA BUSINESS PHONE: OWNER'S PHONE: PROPOSED USE OF STRUCTURE: [n ��_ CLf (YYL� 6411-4 TYPE OF STRUCTURE: J_A-Ou ADDRESS OF PROPOSED STRUCTURE `S LOCATION NAME OF PROPERTY OWNER (PRINT): �S'haree Car[sovi 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: 6A) I Par k COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: DYES ZONE: 13. 3 Zoning Administrator's Signature: ao-1 �1L� q- J/3 SIGNATURE OF OWNER APPROVING USE OF RESTROOM FACILITIES: ❑ No n MOVED -ON STRUCTURE FEE: I 1 % STATE TAX: BUILDING PERMIT REQUIRED: ❑ YES ❑ NO n• BUILDING INSPECTOR'S SIGNATURE: S 0 714 e r ti o r _s cf u r i DATE APPROVED BY CITY COUNCIL MOVED -ON STRUCTURE TERM: FROM TO Required inspections on back. SIGNATURE OF CITY REGoR£TER $375.00 3.75 $378.75 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: iLeX/P m �c r� S'n.OLZas/1.-0W � /1 skid Ad/ 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 # OF REQUIRED) INSPECTION REQUIRED: E l�'ES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION D —� APPROVED DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST HEALTH INSPECTOR (435)259-5602 471 SOUTH MAIN INSPECTION REQUIRED: INS TION REQUIRED: /RYES ❑ NO (SIGNATURE REQUIRED) ,13 YES ❑ NO (SIGNATURE REQUIREQ) IF YES, DATE OF INSPECTION, --/7 APPROVEDDISAPPROVED ❑ REASON: IF YES, DATE OF I PECTION 'VP-4/ / APPROVE:02 DISAPPROVED ❑ REASON: SIGN T RE 03/05/04 Page 52 of 94 Rachel Ellison From: David Lamb [David@spalfamilylaw.com] Sent: Tuesday, March 01, 2011 9:58 AM To: Tellison@moabcity.org' Cc: 'Alma M. Staub' Subject: Amplification request - Old City Park - May 21 Rachel: Thank you for speaking with me earlier today. We have a reservation for a party at Old City Park on May 21. We would like to have the ability to have a small, single amplifier (1) playing some light background music, and (2) available for some acoustic guitar and singing numbers by one or two attendees. In other words, nothing loud, no drums or crazy rock and roll. Please place us on the agenda for city council approval for the March 8 meeting, and please let us know if there is anything else you need from me. Please also confirm that you received this email. Thank you for your help! -David David A. Lamb, Esq. SHERR PUTTMANN AKINS LAMB P.C. 5299 DTC Blvd., Suite 430 Greenwood Village, Colorado 80111 303.741.5300 (main) david@spalfamilylaw.com www.spalfamilylaw.com -Excellence in Family Law Advocacy - This e-mail, including any attachments, is intended for the use of the individual or entity to which it is addressed. It may contain information that is attorney work product, privileged, confidential, exempt or otherwise protected from disclosure under applicable law. If the reader of this transmission is not the intended recipient or the employee or agent responsible for delivering this transmission to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this transmission or its contents is strictly prohibited and may be in violation of federal or state law. If you have received this transmission in error, please notify us by email at david@spalfamilylaw.com and delete this message from all locations on your computer. Thank you. 1 Page 53 of 94 6-13 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259-4135 To: Honorable Mayor and City Council From: Donna Metzler, City Manag Date: March 4, 2011 Subject: Resolution #08-2011 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY SARAH C. BAUMAN JEFFREY A. DAVIS KIRSTIN PEIERSON GREGG W. STUCKI Resolution #8-2011, accepts the public improvements associated with the Preserve Subdivision and authorizes the release of the performance guaranty for the development. You may recall that the Owners executed a Trust Deed with the City as beneficiary, pledging lots as collateral to guarantee completion of the improvements. In addition, the Resolution provides for the construction of storm water drainage swales on individual lots as construction on those lots occurs. With the exception of the storm water drainage swales, all improvements have been inspected and have been found to be in compliance with the construction plans and the applicable city standards. City staff has determined that construction of the storm water drainage swales at the time of construction on individual lots makes more sense than requiring these swales now, in order to fully accommodate site -specific circumstances and to avoid damage to the swales during construction on the lots. The resolution provides for future construction of the swales as part of the building permit and certificate of occupancy issuance process for the individual lots. City staff recommends approval of Resolution #8-2011. ADM-MEM-1 1-D3-002 First EPA Greer Powettgelofannmunity in the Nation Resolution #08-2011 A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN ASSOCIATION WITH THE SUBDIVISION KNOWN AS "THE PRESERVE SUBDIVISION PHASE ONE", AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTY ASSOCIATED WITH SAID IMPROVEMENTS, AND REQUIRING CONSTRUCTION OF STORM WATER DRAINAGE SWALES ON APPLICABLE LOTS WITHIN THE SUBDIVISION AT THE TIME OF CONSTRUCTION ON INDIVIDUAL LOTS WHEREAS, the City of Moab (the "City") and Dennis E. and Patricia Byrd ("Owners") entered into a Subdivision Improvements Agreement dated April 10, 2011 (the "Agreement") covering the public improvements associated with the above named subdivision; and WHEREAS, the City and the Owners entered into Amendment #1 to the Subdivision Improvements Agreement (the "Amendment") covering the same subdivision on July 13, 2011; and WHEREAS, Owners provided a Performance Guarantee in the form of a collateral pledge of property, executed by a Trust Deed naming the City as beneficiary, in order to secure performance of the improvements provided for in the Agreement and the Amendment; and WHEREAS, the Developer has performed all improvements pursuant to the Agreement and the Amendment, with the exception of storm water drainage swales on individual lots; and WHEREAS, the construction of storm water drainage swales for individual lots should be constructed as needed at the time of construction on said lots; and WHEREAS, the construction of said swales should specified as a required improvement on the building permit for any building on lots for which a swale is needed, and construction of said swales shall be a condition of the issuance of a certificate of occupancy for any building on any such lot; arid WHEREAS, pursuant to the terms of the Agreement, Owners are entitled to a full release of the unused portion of the performance guaranty. NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to accept the public improvements covered by the Agreement and Amendment referenced herein, specifically street improvements, water system improvements, sewer system improvements, and storm drainage improvements located within the subdivision and do hereby authorize the Mayor to execute a Full Reconveyance of the Property identified in the Trust Deed executed as the Performance Guaranty for the required improvements, and do hereby authorize city staff to require the construction of storm water drainage swales as a condition of development of individual lots in the subdivision, if necessary. Passed and adopted by action of the Governing Body of the City of Moab in open session this 8th day of March, 2011. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder Page 55 of 94 0� i G MB MOA,B City of Moab Planning and Zoning Department Correspondence March 4, 2011 FI 11 i1311 Memo To: Honorable Mayor and Members of Council From: City Staff: Subject: Approval of Ordinance 2011-03, an Ordinance Vacating a Portion of Block 4 of the Portal Vista Planned Unit Development and Establishing Details for the Ownership of Open Spaces and Access Background At the February 8, 2011 Council meeting, the attached plat was considered for the vacation of portions of the development known as Portal Vista PUD. At the time of the meeting, representatives of the Portal Vista Homeowner's Association voiced concerns about the language of some of the plat notes that were presented and will appear in the recorded ordinance. There are two attached documents. One indicates the changes made to the ordinance and the other is an adoptable version with the changes accepted. Some of the amendments are minor but the changes to notes f and h are intended to clarify that any development on the vacated tracts must go through a review and approval process and verify that the CC&R's are unaltered in their application to all properties within the boundaries of the plat. Emails and other correspondence have been included to represent the issues. Staff feels that these changes satisfy the concerns of the HOA that were previously expressed to Council. Alternatives In its action, Council can: 1) Approve Ordinance #2011-03 as written; 2) Approve Ordinance #2011-03 with changes; 3) Vote to not approve the ordinance; 4) Table the ordinance in order to satisfy needs for additional information. p:\planning department\21M\correspondence ) pi-114139 cc app pv plat vacation.docx Page 56 of 94 �.a ORDINANCE # 2011-03 AN ORDINANCE VACATING IN PART THE PLANNED UNIT DEVELOPMENT PLAT FOR THE PORTAL VISTA (AKA PORTAL PARK). SUBDIVISION P.U.D. AND REZONING PORTIONS OF THE SUBJECT PROPERTY TO THE R-4 ZONING DESIGNATION WHEREAS, the City of Moab approved the Portal Vista (aka Portal Park' Subdivision Planned Unit Development and an Official Plat was recorded on April 3, 2001 at Book 560, Page 169 ("Plat") of the Grand County land records, and an Amended Plat was recorded on September 22, 2004 at Book 632, Page 47 ("Amended Plat"); WHEREAS, the City of Moab and Portal Park LC ("Developer") entered into an Improvements Agreement ("IA"), dated August 27, 2002, recorded at Book 586, Page 228, et seq. of the Grand County land records, and providing for the construction of certain improvements pursuant to the approval of the Portal P-ar-lEVista Subdivision; WHEREAS, the Developer has failed or refused to construct or complete all of the improvements specified in the IA and development approvals, constituting a default under the IA and the conditions of approval, and has failed to cure same after delivery of written notice; WHEREAS, Resolution #07-2010, approved by the City Council on February 23, 2010, declared the developer to be in default of said Subdivision Improvements Agreement; and WHEREAS, U.C.A. § 10-9a-608 authorizes a municipality to institute proceedings to vacate a subdivision plat, and the IA specifically authorizes plat vacation as a remedy upon breach by the Developer; 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 public street, right-of-way, or easement; and, WHEREAS, the City has determined that the developer, Portal Park LC, is in default of the expired Improvements Agreement for the subdivision and by its actions and its representatives, has no further intention of developing the property in accordance with the recorded final plat; and WHEREAS, Council has determined that it is not in the best interests of the city to have substandard or incomplete development remain when a guaranteed improvements bond or current Subdivision Improvements Agreement is not in effect; and, Page 57 of 94 WHEREAS, the City has provided notice to all interested parties, received the recommendations of City Staff and testimony of those in attendance at a public hearing held on January 8, 2011, and is fully advised; and WHEREAS, the City finds that the public interest will be served by the vacation of the plat as specified herein, and that no party will be unfairly prejudiced. THEREFORE, THE CITY OF MOAB ENACTS AS FOLLOWS: 1. The City hereby vacates in part, the final plat for Portal Vista Planned Unit Development, Amended". The undeveloped portion of said plat shall be vacated as denoted on the amended plat (Exhibit A). Additionally, the following plat notes shall appear on the amended plat: a) This plat vacation is the result of a declaration of default of the Subdivision Improvements Agreement for the Portal Vista Planned Unit Development (PUD) by the Moab City Council through adoption on February 23, 2010 of Council Resolution #07-2010. b) Parcels E, F, H, are to be retained by the Portal Vista Homeowner's Association as Open Space. c) A large portion of Parcel H, in addition to Parcels A through D and Parcel G, satisfies the open space requirement for the currently developed lots in the P.U.D.; Lots 1 and 2, Block l; Lots 1-9, Block 2; Lots 1-10 Block 3; and Lots 1- 10, Block 4. d) Any future development must meet open space requirements independently from satisfying the Open Space requirements for the PUD as currently developed and shown on the vacated plat. e) Parcels E, F, H shall be developed as additional improvements of the undeveloped property occur. Any costs associated with the required landscaping or enhancement of the open spaces, street development, or other improvements, shall be the responsibility of the developer. f) Parcels M and K, L, and J -(former Lots 12, 13, and 25, respectively) are not part of an approved development. Any proposed construction on these vacated parcels shall be submitted to the City of Moab Planning and Zoning Department as an application for development and shall be reviewed in accordance with the development requirements of the Moab Municipal Code. g) Parcel N is retained by the Portal Vista Homeowners Association. An easement is established via this parcel for access to Parcels E, F, H, and M. g)h) Nothing in the Plat Vacation should be construed as purporting to vacate or amend the Covenants, Conditions, and Restrictions of the Portal Vista Homeowner's Association. 2. The vacation (the "Vacated Tract") is described as follows: A DESCRIPTION OF PORTIONS OF PORTAL VISTA SUBDIVISION, WITHIN THE NW 1/4 NE1/4 SECTION 2, T26 S, R 21 E, SLM, MOAB CITY, GRAND COUNTY, UTAFI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 58 of 94 BEGINNING AT THE NE CORNER OF PARCEL J (FORMER LOT 25) OF PORTAL VISTA SUBDIVISION, SAID CORNER BEARS S 89°54'00"W 1320.80 FT. ALONG THE NORTH LINE OF SECTION 2 THENCE S 00°15'32"W 818.63 FT. FROM THE NE CORNER OF SECTION 2, T 26 S, R 21 E, SLM, AND PROCEEDING THENCE S 00°15'32"W 492.82 FT. TO A CORNER, THENCE N 89°54'23"W 330.00 FT. TO A CORNER, THENCE N 00°15'32"E 506.26 FT. TO A CORNER, THENCE S 89°43'58"E 75.33 FT., THENCE S 00°22'02"E 49.47 FT., THENCE S 89°43'22"E 20.00 FT., THENCE N 00°22'02"E 49.44 FT., THENCE S 89°43.58"E 83.95 FT., THENCE ALONG THE ARC OF A 47.06 FT. RADIUS CURVE TO THE RIGHT 9.31 FT. (SAID CURVE HAS A CHORD WHICH BEARS S 03°24'02"E 9.29 FT.), THENCE S 01°48'57"W 23.18 FT., THENCE S 89°43' 58"E 31.01 FT., THENCE N 01°48'57"E 10.76 FT., THENCE ALONG THE ARC OF A 9.50 FT. RADIUS CURVE TO THE RIGHT 14.67 FT. (SAID CURVE HAS A CHORD WHICH BEARS N 46°02'29"E 13.25 FT.), THENCE S 89°43'58"E 109.94 FT. TO THE POINT OF BEGINNING AND CONTAINING 3.76 ACRES, MORE OR LESS. 2. To clarify the extent of the plat vacation the attached amended plat referenced as exhibit "A" is hereby approved by the Moab City Council and accepted for recording. 3. The Improvements Agreement dated August 27, 2002, recorded at Book 586, Page 228, et seq. of the Grand County land records, is declared to be in breach by the adoption of Council Resolution #07-2010. The Developer, its successors, and assigns shall have no further right or entitlement to develop in accordance with the IA or any accompanying approvals, which shall be deemed void. 4. All prior land use approvals, plat designations, and other development entitlements with respect to the Vacated Tract are terminated and deemed void. The remaining lots and open space parcels, as described in the Plat and Amended Plat, and the Amended Declaration of Covenants, Conditions and Restrictions, dated July 19, 2001 and recorded at Book 565, Page 285-99, shall be unaffected by this ordinance. 5. As authorized by § 6.3 of the IA, the zoning designation of the Vacated Tract shall revert to the zoning which existed prior to the approval of the Portal Park Planned Unit Development. The City hereby adopts the "R-4" zoning designation, as provided in Chapter 17.45 of the Moab City Code, as the zoning designation applicable to the Vacated Tract. 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 on , 2011. Signed: Mayor David Sakrison Page 59 of 94 1-a Attest: Rachel Ellison, City Recorder Date pAplanning departmant\2QII\ordinances \ord 20II•03 vacation portal vista.docx Page 60 of 94 ORDINANCE # 2011-03 AN ORDINANCE VACATING IN PART THE PLANNED UNIT DEVELOPMENT PLAT FOR THE PORTAL VISTA (AKA PORTAL PARK) SUBDIVISION P.U.D. AND REZONING PORTIONS OF THE SUBJECT PROPERTY TO THE R-4 ZONING DESIGNATION WHEREAS, the City of Moab approved the Portal Vista (aka Portal Park) Subdivision Planned Unit Development and an Official Plat was recorded on April 3, 2001 at Book 560, Page 169 ("Plat") of the Grand County land records, and an Amended Plat was recorded on September 22, 2004 at Book 632, Page 47 ("Amended Plat"); WHEREAS, the City of Moab and Portal Park LC ("Developer") entered into an Improvements Agreement ("IA"), dated August 27, 2002, recorded at Book 586, Page 228, et seq. of the Grand County land records, and providing for the construction of certain improvements pursuant to the approval of the Portal Vista Subdivision; WHEREAS, the Developer has failed or refused to construct or complete all of the improvements specified in the IA and development approvals, constituting a default under the IA and the conditions of approval, and has failed to cure same after delivery of written notice; WHEREAS, Resolution #07-2010, approved by the City Council on February 23, 2010, declared the developer to be in default of said Subdivision Improvements Agreement; and WHEREAS, U.C.A. § 10-9a-608 authorizes a municipality to institute proceedings to vacate a subdivision plat, and the IA specifically authorizes plat vacation as a remedy upon breach by the Developer; 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 public street, right-of-way, or easement; and, WHEREAS, the City has determined that the developer, Portal Park LC, is in default of the expired Improvements Agreement for the subdivision and by its actions and its representatives, has no further intention of developing the property in accordance with the recorded final plat; and WHEREAS, Council has determined that it is not in the best interests of the city to have substandard or incomplete development remain when a guaranteed improvements bond or current Subdivision Improvements Agreement is not in effect; and, Page 61 of 94 �-a WHEREAS, the City has provided notice to all interested parties, received the recommendations of City Staff and testimony of those in attendance at a public hearing held on January 8, 2011, and is fully advised; and WHEREAS, the City finds that the public interest will be served by the vacation of the plat as specified herein, and that no party will be unfairly prejudiced. THEREFORE, THE CITY OF MOAB ENACTS AS FOLLOWS: 1. The City hereby vacates in part, the final plat for Portal Vista Planned Unit Development, Amended". The undeveloped portion of said plat shall be vacated as denoted on the amended plat (Exhibit A). Additionally, the following plat notes shall appear on the amended plat: a) This plat vacation is the result of a declaration of default of the Subdivision Improvements Agreement for the Portal Vista Planned Unit Development (PUD) by the Moab City Council through adoption on February 23, 2010 of Council Resolution #07-2010. b) Parcels E, F, H, are to be retained by the Portal Vista Homeowner's Association as Open Space. c) A large portion of Parcel H, in addition to Parcels A through D and Parcel G, satisfies the open space requirement for the currently developed lots in the P.U.D.; Lots 1 and 2, Block 1; Lots 1-9, Block 2; Lots 1-10 Block 3; and Lots 1- 10, Block 4. d) Any future development must meet open space requirements independently from satisfying the Open Space requirements for the PUD as currently developed and shown on the vacated plat. e) Parcels E, F, H shall be developed as additional improvements of the undeveloped property occur. Any costs associated with the required landscaping or enhancement of the open spaces, street development, or other improvements, shall be the responsibility of the developer. f) Parcels M and K, L, and J (former Lots 12, 13, and 25, respectively) are not part of an approved development. Any proposed construction on these vacated parcels shall be submitted to the City of Moab Planning and Zoning Department as an application for development and shall be reviewed in accordance with the development requirements of the Moab Municipal Code. g) Parcel N is retained by the Portal Vista Homeowners Association. An easement is established via this parcel for access to Parcels E, F, H, and M. h) Nothing in the Plat Vacation should be construed as purporting to vacate or amend the Covenants, Conditions, and Restrictions of the Portal Vista Homeowner's Association. 2. The vacation (the "Vacated Tract") is described as follows: A DESCRIPTION OF PORTIONS OF PORTAL VISTA SUBDIVISION, WITHIN THE NW1/4 NEI/4 SECTION 2, T26 S, R 21 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 62 of 94 �-a BEGINNING AT THE NE CORNER OF PARCEL J (FORMER LOT 25) OF PORTAL VISTA SUBDIVISION, SAID CORNER BEARS S 89°54'00"W 1320.80 FT. ALONG THE NORTH LINE OF SECTION 2 THENCE S 00°15'32"W 818.63 FT. FROM THE NE CORNER OF SECTION 2, T 26 S, R 21 E, SLM, AND PROCEEDING THENCE S 00°15'32"W 492.82 FT. TO A CORNER, THENCE N 89°54'23"W 330.00 FT. TO A CORNER, THENCE N 00°15'32"E 506.26 FT. TO A CORNER, THENCE S 89°43'58"E 75.33 FT., THENCE S 00°22'02"E 49.47 FT., THENCE S 89°43'22"E 20.00 FT., THENCE N 00°22'02"E 49.44 FT., THENCE S 89°43'58"E 83.95 FT., THENCE ALONG THE ARC OF A 47.06 FT. RADIUS CURVE TO THE RIGHT 9.31 FT. (SAID CURVE HAS A CHORD WHICH BEARS S 03°24'02"E 9.29 FT.), THENCE S 01°48'57"W 23.18 FT., THENCE S 89°43' 58"E 31.01 FT., THENCE N 01°48'57"E 10.76 FT., THENCE ALONG THE ARC OF A 9.50 FT. RADIUS CURVE TO THE RIGHT 14.67 FT. (SAID CURVE HAS A CHORD WHICH BEARS N 46°02'29"E 13.25 FT.), THENCE S 89°43'58"E 109.94 FT. TO THE POINT OF BEGINNING AND CONTAINING 3.76 ACRES, MORE OR LESS. 2. To clarify the extent of the plat vacation the attached amended plat referenced as exhibit "A" is hereby approved by the Moab City Council and accepted for recording. 3. The Improvements Agreement dated August 27, 2002, recorded at Book 586, Page 228, et seq. of the Grand County land records, is declared to be in breach by the adoption of Council Resolution #07-2010. The Developer, its successors, and assigns shall have no further right or entitlement to develop in accordance with the IA or any accompanying approvals, which shall be deemed void. 4. All prior land use approvals, plat designations, and other development entitlements with respect to the Vacated Tract are terminated and deemed void. The remaining lots and open space parcels, as described in the Plat and Amended Plat, and the Amended Declaration of Covenants, Conditions and Restrictions, dated July 19, 2001 and recorded at Book 565, Page 285-99, shall be unaffected by this ordinance. 5. As authorized by § 6.3 of the IA, the zoning designation of the Vacated Tract shall revert to the zoning which existed prior to the approval of the Portal Park Planned Unit Development. The City hereby adopts the "R-4" zoning designation, as provided in Chapter 17.45 of the Moab City Code, as the zoning designation applicable to the Vacated Tract. 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 on , 2011. Signed: Mayor David Sakrison Page 63 of 94 �- a Attest: Rachel Ellison, City Recorder Date pAplanning department \ MIN ordinances\ord 2011-03 vacation portal vista.docx Page 64 of 94 1� P- To: Mayor, City Council Members, and City Staff— City of Moab Re: Lapse of Plat— Portal Vista PUD February 16, 2011 During the February 8 City Council meeting, several questions came up regarding the Portal Vista HOA and the area now undergoing lapse of plat. This letter is intended to provide clarification on those issues. 1. Property taxes on common areas in Portal Vista. In 2009, I spoke with the County Assessor on this issue. Homeowners pay property taxes on their lots and homes. HOA's are charged property taxes only if structural improvements, like pools, party rooms or laundry facilities, are constructed in common areas. None exist or are planned for Portal Vista, so there are no HOA common area property taxes. 2. There was some discussion as to whether the area now undergoing lapse should continue to be part of the PUD. Our attorney's position does not create advantage for us. In fact, we had originally hoped for more flexibility. The fact that title to all land is encumbered by association Bylaws and CCRs is simply a static position. Banks made loans to the current 31 homeowners based on those encumbrances. The lapse of plat process does void development plans, reverts the area to its prior R-4 status, and collapses developer -owned lots into parcels. However, it cannot remove this area from the Portal Vista PUD, nor can it void encumbrances on title to land there. This point does not have relevance to any current action. Instead it will have bearing if, and when, further development plans are submitted by the owner of undeveloped parcels. 3. City help in Parcels C & D: City Public works personnel have trimmed the tree line in Parcel D to create a fire line buffer there. We are grateful for this help. The City has agreed to implement landscaping in a small area of Parcel D and in our main central common area, Parcel C. The City has notified us that it will implement a landscaping plan of its choosing and does not want to engage in time intensive coordination of this effort with the HOA. We accept these conditions. It would, however, be very helpful to us to understand what landscaping will be implemented and to have a rough idea of when this will occur. We are now in the process of contracting with a landscaping service for annual services, and cannot establish a contract without being able to define service requirements. We simply need to know what plan will be implemented and roughly when. Thank you in advance for this information. 4. Developer drainage channel in Parcel B: During the week of July 21, 2010 the developer began a project to remedy drainage problems in the north end of Portal Vista. We know this process has been frustrating and time consuming for City staff. Like every other element of development in Portal Vista, the developer has exhibited the unwillingness or inability to execute. We are unclear, and perhaps the City is as well, what steps should be taken to reach a final resolution for this project. We trust the City to use its judgment in determining what must be done to establish that this drainage work can be brought to a practical conclusion. Can we get agreement that this will be resolved by the end of March? 5. Conservation Easement: The Improvements Agreement clearly required the developer to record a conservation easement for HOA common area parcels. The HOA recognizes this intent Page 65 of 94 and would be pleased to facilitate this, as we now have title to these parcels. If the city prepares the documents for this, we can have two of our trustees execute and record them at county offices. Please let us know if you would like to proceed. Finally, we are confident that any future development in Portal Vista will be conducted in strict accordance to City code and state law, and that homeowners in Portal Vista will be able to participate in public hearings prior to project approval. We appreciate the City's commitment to help us with undeveloped parcels in the occupied portion of our community, and we appreciate the willingness of the Mayor, City Council members and City Staff to help us establish good living conditions in our community. Like us, we are sure you will be happy to close this chapter in the development of the Portal Vista PU D. Please let me know if we can be helpful in providing further input to questions you have, or if we can make the few issues still requiring coordination more efficient. Sincerely, Jeff Clapp Trustee, PV HOA Page 66 of 94 �- 2- Carmella From: beth.malloy@comcast.net Sent: Sunday, February 20, 2011 3:23 PM To: carmella@moabcity.org Cc: Beth Malloy Subject: Portal Vista Public Comment Hello City Council, This is a public comment regarding Portal Vista PUD. As you know we have asked you to put a note on the new plat map acknowledging that all land, developed and undeveloped is encumbered by our CCR's and By Law's. By doing this you are simply preventing the city of moab from more problems in the future. Here is why: We have met with our attorney and a title specialist who informed us that all of the land in the PUD, whether it has been developed or not, is encumbered by the CCR's and By Law's. That's just the law, plain and simple. Our CCR's specify what type of structure can be built in Portal Vista. If the City of Moab is unaware of this, they may approve some type of iligitimate development some time in the future. This could cause more potential legal problems for the City of Moab. By putting a note on the new plat map it will remind whoever is working for the city, at some point in the future, when development picks up again, that this is the case. This will prevent them from approving something that would cause legal problems. Unless you have a better way to pass this information on to future employees of the city, then I think a note on the plat would be very prudent. Thanks, Beth Malloy 282 Riversands Rd. Page 67 of 94 1-� DATE: February 15, 2011 TO: Moab City Council FROM: Maggie Corson, Secretary, Portal Vista Homeowners Associatio RE: Ordinance #2011 - 03 As stated at the Public Hearing on February 8th, we appreciate that City staff has spent considerable time and effort working toward a resolution of the unresolved development issues here at Portal Vista. Since Ordinance #2011 - 03 provides the guidelines for what may happen in Portal Vista in the future, we urge Council members to carefully consider the wording in the Ordinance, especially that in the Plat Notes. Following are some of our concems about the current Plat Notes. 1. The City Manager resolved our concems about Note (f) at the Public Hearing by recognizing an omission in the original Note. We request Note (f) be amended to include Parcel M inthe listing of those Parcels that "are not part of an approved development." 2. There is also an omission in Note (e). We request the first sentence of Note (e) be amended to read: "Parcels E, F, H shall be developed as additional improvements of the Vacated Tract should future development occur." This does not change the meaning. It just makes it a complete sentence. 3. We request the addition of a new Plat Note, which would be (h), to read: "When developed, the Vacated Tract will be developed in its entirety." Although Plat Note (e) states that open spaces and streets shall be developed, there is nothing to say that the open spaces must be developed at the same time as the housing. We have asked the City to recognize our ownership rights in the Vacated Tract. In addition to the legal argument we have presented elsewhere, there is a practical argument behind this request. As displayed on the map and stated in the Plat Notes, Portal Vista HOA holds title to all land in the Vacated Tract that ultimately would be turned into either roads or open space. Once these are developed, Portal Vista HOA becomes responsible to maintain them. New homeowners in the Vacated Tract get to use these roads and open spaces. It only makes sense they should help pay to maintain them. There is already a mechanism in place to do this. 1t is called the CC&R's of Portal Vista PUD. Looking at this situation from a purely practical point of view, why not use this ready- made system, which is functioning successfully in the rest of Portal Vista? Why not just include the Vacated Tract in the Portal Vista PUD now? Then the mechanism for managing the relationship between Portal Vista HOA and new homeowners in the Vacated Tract is already established. We appreciate that this is a complex situation. We appreciate City efforts to move things in a positive direction. As one frequently hears, "The devil is in the details," and we are requesting attention to some final details. Thank you. Page 68 of 94 Public Hearing for Portal Vista PUD Partial Lapse of Plat February 8, 2011 Submitted by Portal Vista Homeowners Association Developer failures to properly develop Portal Vista have resulted in substantial real costs and compromised living conditions for homeowners and the HOA. That in mind, we believe it is prudent to eliminate any uncertainties with regards to future development that could result in further costs and conflict The Portal Vista Homeowners Association understands that the vacation of plat process for specific undeveloped parcels will void all development plans, revert the area to its prior zoning of 12.-4, and consolidate developer -owned lots into a mmiber of parcels. It is also clear that further development will require new Plan approvals and that the developer will be required to develop specific HOA common areas and streets in this area. Not addressed by the current City proms is dimity with regards to future development and any potential changes to the legal stains of the land now in question. The Homeowners Association has obtanned legal advice from its attorney, who collaborated with a title specialist, to provide the following assessment . Regarding the area about to enter vacation of plat: 1. All title to land in this area is, and will continue to be, encumbered by the Bylaws and CCR's of the Portal Vista Homeowners Association_ 2. All parcels, whether HOA owned, or developer owned, continue to f the remain a P art after of the Portal Via. PUD. All of these parcels will remain. part any future development unless the HOA consents to a plan that they be a part of another subdivision- HOA privately owned and maintained 3. Parcels in this area can only be accessed by streets, The HOA may legally require fir on Any not for their use. supported A Aa third approval by the City of future development p tact the HOA from party agreement between the developer and the HOA, to pro construction damage to streets, will result in immediate HOA legal action to place an injunction on development until one is o- Our position, as outlined above, is clear and consistent. The City has not established a position that is contraty to any of the above three points- Instead, the City has commimicaitad an unwillingness to enforce HOA CCR's. We do not believe the City will now, or later, be required to establish an active role in enforcement- Instead, City review of future development plans simply needs to reflect consideration of the legal status of the land now in question as being a continued part of the Portal Vista PUD with title to all land therein encumber by HOA Bylaws and CCR's. Any future development plans that do not recognize these dynamics will be aggressively challenged by the HOA with legal action. We believe it is in the interest of the homeowners, the HOA and the City to avoid future conflict. This legal Position is offered with that intent and spirit. Page 69 of 94 1-a Jeff Reinhart From: Donna Metzler [donna@moabcity.org] Sent: Friday, March 04, 2011 10:01 AM To: 'Chris Mcanany' Cc: 'Jeff Reinhart' Subject: RE: Portal Vista Chris, This makes sense. We will add a plat note to the effect that "Nothing in the Plat Vacation should be construed as purporting to vacate or amend the CCRs." Thanks. Donna From: Chris Mcanany rmailto:mcanany@dwmk.com] Sent: Sunday, February 27, 2011 2:50 PM To: 'donna@moabcity.org' Subject: Portal Vista Donna: Regarding a plat note recognizing that the vacated portions of the portal vista sub. are still subject to the covenants, I am comfortable doing this either way. First, the property was subdivided, and each lot owner bought in reliance upon the restrictions contained in the CCR's. Covenants are a contractual encumbrance, which can be abandoned or terminated through three mechanisms: 1) approval of the property owner of all lands covered by a declaration; 2) judicial determination; or 3) amendment by the affirmative vote of not more than 67% of all lot owners subject to the declaration (per state law). I don't believe that the City has the authority to vacate covenants, particularly when lots have been sold in reliance upon a recorded declaration. It is highly likely that a court would conclude that the covenants, which were recorded by the then -owner, still apply to all lands encompassed within the original legal description. A plat note would put a future property owner on notice that the redevelopment of the vacated portions would be subject to those restrictions (as well as applicable zoning ordinances). Undoubtedly, any future purchaser would discover this anyway because the vacated tracts are within the legal description of the original CCRs—and that would show up on a title report describing recorded encumbrances. I see your point about not wanting to get involved in the issue between the HOA and any future developer of the property. Although I have not read the CCRs for some time, I would be of the opinion that all of the vacated tracts are still subject to the rules in the covenants, dues, etc. I don't think the vacating of the plat or any plat note we record would change that. A creative developer could argue otherwise, but I am skeptical that such an argument would succeed. The equities are likely to fall strongly in favor of the HOA in that kind of a dispute. Also, the City would most likely condition any future land use approval on compliance with the original covenants. don't have a problem in having the vacated plat be silent on the subject of the covenants future applicability. On the other hand, if we are intent on being clear and setting guidance for a future Council who may be faced with this issue (as well as offering some consideration to the HOA, which did not make this mess) then we may want to say that nothing in the plat vacation should be construed as a purporting to vacate or amend the CCRs—or words to similar effect. Let me know if this makes sense. Note that I am tied up in depositions most of this week (2128-314), but l will be checking email and voice mail. I will check in to follow up with you. Christopher G. McAnany Dufford, Waldeck, Milburn & Krohn, LLP 744 Horizon Court, Suite 300 Grand Junction, CO 81506 Page 70bf 94 mcananv@dwmk.com (970) 248-5862 - Direct Line (435) 259-2225 - Moab, Utah (970) 243-7738 — Facsimile 1111 DUFFORD WALDECK A1ILBURN & KROHN _1 111 Al CONFIDENTIALITY NOTICE: This electronic transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please call collect at 970-241-5500 and delete this transmission. Thank you. IRS CIRCULAR 230 NOTICE: This electronic mail transmission and any attached documents may contain provisions concerning a federal tax issue or issues. Under recently issued IRS regulations, we must inform you this electronic mail transmission and any attached documents are not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on any taxpayer by the Internal Revenue Service. Page 71 raf 94 1-a Jeff Reinhart From: maggie corson [cattacrone@frontiernet.net] Sent: Tuesday, March 01, 2011 12:33 PM To: jeff@moabcity.org; donna@moabcity.org Cc: jell clapp; lorri benefield Subject: Plat vacation/Portal Vista Hi Jeff and Donna, We appreciate City staff is giving further thought to our concerns regarding the vacation of plat at Portal Vista. We propose an additional Plat Note that reads: All land in the Vacated Tract remains part of Portal Vista PUD and is subject to the Covenants, Conditions and Restrictions of Portal Vista PUD. Thank you, Maggie Corson, Secretary for Portal Vista HOA Page 721of 94 �- a Jeff Reinhart From: jefeclapp@comcast.net Sent: Tuesday, January 11, 2011 4:01 PM To: Jeff Reinhart Cc: donna@moabcity.org; Corson, Maggie; Malloy, Beth; benefield, lorri Subject: Re: Final Plat for City Council action on PV Hi guys, On PUD Status and CCR and Bylaw governance, there isn't any wiggle room. We do not have a way to address this issue in the CCR's. They outline rights, responsibilities and restrictions for members but do not address development default and any potential changes to PUD status resulting from City action based on developer non-performance. That is the City's role here as it completes a legal process that deals specifically with the status of land. You are going to have to make a commitment here. Either it does or does not continue to be part of the PUD and subject to HOA CCRs and Bylaws. Our attorney maintains that both of these conditions continue to be the case, and he sees no gray area here. This needs to be ironed out before the City Council establishes what, in all likelihood, will be the status of our community for a long time. The fact that the City now is unwilling to clarify this issue confirms we have reason to worry that our future is not well defined. This one is a deal breaker for us. Let's be clear about this on the plat, or we suggest you table the City Council consideration of this matter until this is resolved We'll review the attached does and try to get back to you ASAP on other outstanding issues. sincerely, Jeff Clapp PV HOA e do not have a way of establishing the legal status of the land in question. You do. In fact, this is really what is happening in the vacation of plat process; a redefinition of developer rights (no permits, no plans, no lots on the map). The vacation of plat process is a legal process which redefines the development status of a piece of land in our PUD. This is clearly something for the City to clear up and ensure this issue does not float forward, further exposing homeowners in the PUD to conflict and risk. Original Message From: "Jeff Reinhart" <jeff@moabcitv.org› To: jefeclapp@comcast.net Cc: donna@moabcity.orq Sent: Tuesday, January 11, 2011 10:39:54 AM Subject: RE: Final Plat for City Council action on PV Hi Jeff. Page 73 bf 94 '7a I have attached the plat notes and the plat, along with the ordinance that will be before Council this evening for a request to go to public hearing. Donna, our City Attorney I have discussed your suggested plat note (5) that provides for HOA governance of the vacated areas and have determined that we do not feel comfortable saying what is or is not covered by the HOA CC&Rs. Probably the best way to deal with this will be by clarifying this issue in your CC&Rs. l hope this answers any questions about the plat notes. Thanks. Jeff Reinhart, AICP Planning Director City of Moab 217 East Center St. Moab, UT 84532 jeff@moabcitv.oro Ph. 435-259-5129 Fax 435-259-0600 From: jefedaoo@comcast.net [mailto:jefeclapp@comcast.netl Sent: Monday, January 10, 2011 5:55 PM To: Metzler, Donna Cc: Reinhart, Jeff; benefield, lorri; Corson, Maggie; Malloy, Beth Subject: Final Plat for City Council action on PV' Hi, I confirmed today via the City website that you will be voting tomorrow/Tuesday to put the PV plat vacation on the agenda for two weeks out. (I understand you've had a hard time getting plan revisions from the folks at Keogh.) Please fire us off the recommended plat as soon as you can. We'll have one or two management folks available when the Council meets to make a final determination on this. I attended the Hacienda lapse meeting, and assume the Council will want to confirm with the HOA that everything is consistent with our expectations. I don't have my notes handy, but I think the core issues requiring resolution were: 1. no duplication of parcel G (we have one already near our entrance) 2. HOA parcels in area undergoing lapse would have "HOA" designation on new plat. 3. Plat note to require development of common areas by developer to meet common area space requirements for future development 4. no piece -meal development in future. Developer would have to bang it all out at once; all lots all common area development requirements. 5. Plat note to specify that post -lapse the area would continue to be governed by Bylaws and CCRs of the PV HOA. We'll amend our CCR's after the council vote to require developer bond/surety for protecting our private streets during construction. As required by CCR's, we'll provide copy of recorded amendment to you folks. This may not be all of it, but I think it is most or all of what we'd discussed. E-mail works fine getting the recommended plat to us. We'll try to give you immediate feedback after we get a chance to review the new plat and notes. Page 742)f 94 �-a Thanks! Jeff Clapp PV HOA Page 753)f 94 (`-"-a Jeff Reinhart From: jefeclapp@comcast.net Sent: Monday, January 10, 2011 5:55 PM To: Metzler, Donna Cc: Reinhart, Jeff; benefield, lorri; Corson, Maggie; Malloy, Beth Subject: Final Plat for City Council action on PV Hi, I confirmed today via the City website that you will be voting tomorrow/Tuesday to put the PV plat vacation on the agenda for two weeks out. (I understand you've had a hard time getting plan revisions from the folks at Keogh.) Please fire us off the recommended plat as soon as you can. We'll have one or two management folks available when the Council meets to make a final determination on this. I attended the Hacienda lapse meeting, and assume the Council will want to confirm with the HOA that everything is consistent with our expectations. I don't have my notes handy, but I think the core issues requiring resolution were: 1. no duplication of parcel G (we have one already near our entrance) 2. HOA parcels in area undergoing lapse would have "HOA" designation on new plat. 3. Plat note to require development of common areas by developer to meet common area space requirements for future development 4. no piece -meal development in future. Developer would have to bang it all out at once; all lots all common area development requirements. 5. Plat note to specify that post -lapse the area would continue to be governed by Bylaws and CCRs of the PV HOA. We'll amend our CCR's after the council vote to require developer bond/surety for protecting our private streets during construction. As required by CCR's, we'll provide copy of recorded amendment to you folks. This may not be all of it, but I think it is most or all of what we'd discussed. E-mail works fine getting the recommended plat to us. We'll try to give you immediate feedback after we get a chance to review the new plat and notes. Thanks! Jeff Clapp PV HOA Page 76 If 94 Jeff Reinhart From: jefeclapp@comcast.net Sent: Monday, November 08, 2010 5:39 PM To: Reinhart, Jeff Cc: Malloy, Beth; Metzler, Donna; benefield, lorri; Carlson, Terry; Corson, Maggie Subject: getting back to you on plat vacation draft Attachments: PV Plat Vacation Notes Revised.docx Hi Jeff It took a bit longer than I had hoped to get internal feedback on your notes. Attached to this is your Draft for the plat vacation with a few suggested changes. I don't think any of these change the intent of what we've agreed to. They are intended for simple clarity, as it may be some time before any future development action is taken in the PUD. Any additions to your draft are underlined, so you can easily reference them. We had discussed a few additions or changes to the plat map also. It may be that you are already in the process of revising the map to include these. My notes show the following changes are necessary: 1. The current street in the area to undergo plat vacation needs a parcel letter and a designation as an easement. (Please let us know if you need anything from the HOA for City files granting this easement). 2. We discussed a plat note simply stating that all lots and parcels in the PUD are encumbered by the Portal Vista Homeowners Association CCR's. 3. Developer lots 12, 13 and 25 will need new lot designation letters. (I can see from your draft that you have yet to designate these, so I know you are aware of this.) Please let me know if you want to discuss any of this input. We assume we will get an opportunity to review the revised plat map and a revised draft after you have considered our input, and before this matter goes to the City Council for consideration. Thank you, Page 77Iof 94 �-a Jeff Clapp PV HOA Page 7gof 94 r bidomotR�cpor,Cl To: Moab Governing Body From: David Olsen CC: Donna Date: March 2, 2011 RE: 500 & 300 W Bridges, Mill Creek Reroute, Detention Pond On February 25, 2011, the City received bids for the 500 W & 300 W Bridge and Trail Project. The bids as follows, ranked from lowest to highest: 1. Ben Byrd 2. LeGrand Johnson 3. KSUE 4. Wasatch West 5. Double E 6. Bowen Base Bid Alternative 1 Total $92,603.00 $29,799.00 $122,402.00 $95,232.46 $39,176.66 $134,409.12 $92,270.81 $47,195.29 $139,466.10 $128,288.00 $30,094.39 $158,382.39 $144,823.08 $49,713.20 $194,536.28 $154,308.00 $56,523.00 $210,831.00 I would like to complete the project and recommend that Ben Byrd Construction be awarded the Base Bid and Alternative 1 in the amount of $122,402.00. For two good reasons the scope of the project has grown since I applied for State Trails funds three years ago to place trails in the area: 1. The original stream alteration permit included stream channel realignment and placing two bridges, one at 300 West and one just upstream of 500 West. As the project progressed, the meanders of Mill Creek shifted significantly just upstream of the 500 West/Mill Creek Road Bridge making the bridge vulnerable to flood damage, especially the southeast wing wall. Daren Rasmussen and David Horsely from the Division of Water Rights toured the site and recommended straightening the creek in the area. Our contract engineers, Bowen Collins and Associates, also recommended straightening the creek. Staff considered the input and decided to go forward with the recommendation and obtained an extension of the Stream Channel Alteration Permit. It is important to note that Mill Creek was straightened when the 500 West/Mill Creek Bridge was installed in 1976. 2. The 500 West Road project did not include the installation of a storm drain pipe that would convey Williams Way, 500 West and new hospital storm drainage to Mill Creek. A ditch was dug along the east side of 500 West to drain water to the 500 West Underpass. Alternative 1 fixes the drainage and underpass debris problem and will utilize the culvert that was placed under 500 West just north of the underpass to convey water back to Mill Creek. During the design of the project, value engineering and cost savings alternatives were developed for the bridge abutments and for strengthening the embankment of Mill Creek. We have evaluated the funding and identified sufficient money in the current budget to complete this project. Thank you for your consideration. Page 79 of 94 7-3 CONSTRUCTION CONTRACT Page 80 of 94 7-4 City of Moab — Construction Contract Project: 500 W / 300 W Pedestrian Bridges and Trails Project CONSTRUCTION CONTRACT PROJECT TITLE: 500 W / 300 W PEDESTRIAN BRIDGES AND TRAILS PROJECT This CONTRACT is made this the 8t" day of March, 2011, by and between the City of Moab, 217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "CITY") and Ben Byrd Construction, (hereinafter referred to as "CONTRACTOR") CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is known as and is hereinafter referred to as 500 W / 300 W PEDESTRIAN BRIDGES AND TRAILS PROJECT and is described in detail in the Contract Documents which contain the full scope of work. 1.02 CONTRACTOR shall complete, provide and perform, or cause to be performed, all work in a proper and workmanlike manner, with appropriate consideration for public safety and convenience, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expediency consistent therewith all as more particularly described in the Contract Documents. ARTICLE 2 - CITY'S REPRESENTATIVE CITY has appointed a CITY'S REPRESENTATIVE (sometimes referred to as CITY REP and sometimes known as the Owner's Representative or Construction Manager) to manage this Project and to represent the CITY on the Project site. The CITY REP will assume all duties and responsibilities and will have all rights and authority assigned to the CITY REP in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Any references in the Contract Documents, or other pertinent documents, to the Engineer or Project Engineer shall mean the CITY REP. The CITY'S REPRESENTATIVE for this Project is: Jeff Foster, Public Works Director ARTICLE 3 - CONTRACT TIME 3.01 CONTRACTOR shall submit to CITY, on or before the effective date of this Contract, a Construction Progress Schedule in Critical Path Method (CPM) format indicating the times for starting and completing the various stages of the Work, including any Milestones specified in this Contract and as more fully described in the General Conditions and other Contract Documents. Revisions/updates to the CPM schedule shall be submitted as often as necessary to accurately reflect plans for completion of the work, but no less frequently than required in the Contract Documents. 3.02 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial Completion and for Final Completion and readiness for final payment as stated in the Contract Documents, are of the essence of the Contract. CC - 1 Page 81 of 94 7-4 City of Moab — Construction Contract Project: 500 W / 300 W Pedestrian Bridges and Trails Project 3.03 The Work shall be substantially complete within 30 calendar days after the date when the Contract Times commence to run based on the Notice to Proceed as provided in the Contract Documents, and all Work shall be finally completed and ready for final payment in accordance with the Contract Documents within 45 calendar days after the date when the Contract Time commences to run. 3.04 Failure of CONTRACTOR to perform any covenant or condition contained in the Contract Documents within the time periods specified shall constitute a material breach of this Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and receives an extension of time, in accordance with the procedures set forth in the Contract Documents. 3.05 Failure of CITY to insist upon the performance of any covenant or condition within the time periods specified shall not constitute a waiver of CONTRACTOR'S duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition. 3.06 The CITY'S agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of CONTRACTOR to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this Contract entitling CITY to all the remedies set forth herein or provided by law. ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES 4.01 Liquidated Damages: A. It is hereby agreed that the amounts per day set forth herein in paragraph B. are reasonable estimates of such damages, that said amounts do in fact bear a reasonable relationship to the damage that would be sustained by CITY, and CONTRACTOR agrees to pay such liquidated damages as herein provided. B. CITY and CONTRACTOR recognize that time is of the essence of this Contract and that CITY will suffer financial loss, in addition to and apart from the costs described in Paragraph 4.02, if the Work and/or portions of the Work are not performed and completed within the times specified in Article 3, plus any extensions thereof allowed in accordance with the Contract Documents. Accordingly, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one hundred dollars and no cents ($100) for each calendar day that expires after the time specified in Article 3 for substantial completion, until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY two hundred dollars and no cents ($200) for each day that expires after the time specified in Article 3 for final completion and readiness for final payment. 4.02 Special Damages: In addition to the amounts provided for liquidated damages, CONTRACTOR shall pay CITY the actual costs reasonably incurred by CITY for the CITY REPRESENTATIVE, the Project Designer and for engineering and inspection forces employed on the Work for each day that expires after the time specified in Article 3 for Final Completion, including any extensions thereof made in accordance with the Contract Documents, until the Work is finally complete. The rate for CITY inspection CC-2 Page 82 of 94 7-4 City of Moab — Construction Contract Project: 500 W / 300 W Pedestrian Bridges and Trails Project services for this contract is $60 per hour. The rate for work by the CITY REPRESENTATIVES is $60 per hour. Each of these hourly rates is calculated at time and one half for work required to be performed during other than normal business hours. 4.03 CITY may withhold and deduct from any payment due to CONTRACTOR the amount of liquidated damages, special damages, and other damages incurred by the City as provided in the Contract Documents. ARTICLE 5 - CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amounts set forth or calculated as specified in this Article 5. 5.01 For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those amounts listed on the Bid Schedule attached as Exhibit A. All specific cash allowances are included in such lump sum unit price and have been computed in accordance with the Contract Documents. 5.02 For all Unit Price Work, an amount equal to the sum of the unit prices for each separately identified item of Unit Price Work, as indicated in Exhibit A, times the actual quantity of that item installed or constructed in the work, as determined by CITY REP in accordance with the Contract Documents. The unit prices listed on the Bid Schedule are all-inclusive of labor, material, profit, overhead, taxes and other miscellaneous costs pertinent to each work or bid item. The not -to -exceed total of all Unit Prices and all Lump Sum items as set forth in the Bid Schedule for the Base Bid and Alternate #1 is One Hundred and Twenty Two Thousand Four Hundred and Two Dollars and No Cents, ($122,402.00). As provided in the Contract Documents, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by CITY REP. In the event CONTRACTOR believes the quantities of any item of the Work will exceed the estimated quantities listed above, CONTRACTOR shall notify CITY REP before proceeding with that item of Work in order to allow CITY REP to document and record the actual quantities. If CONTRACTOR fails to notify CITY REP prior to proceeding with any item of the Work and CITY REP is unable to verify the actual quantities to his or her satisfaction, CONTRACTOR shall be bound to the quantities estimated by CITY REP. In the event that actual quantities used and incorporated into the Work for all Unit Price Work are less than the estimates shown in Exhibit A, then the contract price shall be adjusted downward proportionately based upon the specified unit prices and the actual quantities used. ARTICLE 6 - PAYMENT PROCEDURES 6.01 CONTRACTOR shall submit completed Applications for Payment in accordance with the Contract Documents. No payment application will be considered complete unless it is accompanied by an updated Construction Progress Schedule and a certification that the on - site, red lined, as -built drawings are up to date. Each application for payment shall constitute a certification by the Contractor that all statements contained in the application are true and correct and that the work represented in the application is complete to the extent specified and done in conformity with the Contract Documents. Completed Applications for Payment will be processed by CITY REP as provided in the Contract Documents. CC-3 Page 83 of 94 7-4 City of Moab — Construction Contract Project: 500 W / 300 W Pedestrian Bridges and Trails Project 6.02 Progress Payments: A. On or before the first (1st) day of each month after the date when the Contract Time commences to run, CONTRACTOR shall submit to CITY REP, for review, completed Applications for Payment covering Work performed during the preceding calendar month. Provided a pay application is complete and submitted on or before the first of each month, the CITY will make monthly progress payments based on the progress of the Work, as shown on CONTRACTOR'S Application for Payment, and as certified and approved by CITY REP and measured by the schedule of values provided for in the General Conditions on or before the 15th of each month, subject to the other conditions set forth herein and in the other Contract Documents. Complete pay applications submitted after the first of each month shall be due on or before twenty five (25) days from the date of submittal to the CITY REP, provided that they are certified for payment. B. To insure the proper performance of the contract CITY shall retain five percent (5%) of the amount of each approved progress payment until the Work is certified by the City Rep as being Substantially Complete. C. CITY may withhold and deduct from progress payments, retention proceeds, or final payment an amount equal to CITY'S estimate of the liquidated damages then due, or that would become due based on CITY'S estimate of late completion of the Work, together with such other sums as are provided in these Contract Documents. 6.03 Final Payment: Upon final completion and acceptance of the Work and upon compliance with all other terms and conditions of the Contract Documents, CITY shall pay the remainder of the Contract Price, including retainage withheld, less such deductions as may be withheld to cover claims in accordance with state law and the Contract Documents, and to cover liquidated and special damages and other charges owing to CITY. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the following representations: 7.01 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda) and other related data identified in the Bidding Documents, including "technical data" and all federal, state and local laws, ordinances, standards, rules and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.02 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) the reports of investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) and the drawings of physical conditions in or relating to existing surface or subsurface structures, at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing all the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. The reports and drawings available to CITY are listed in the Supplementary Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY and CITY'S REP do not assume responsibility for the accuracy or completeness of information and data shown or indicated therein with respect to Underground CC-4 Page 84 of 94 7-4 City of Moab — Construction Contract Project: 500 W / 300 W Pedestrian Bridges and Trails Project Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for locating and resolving any conflicts with any Underground Facilities. 7.03 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.04 CONTRACTOR has made or caused to be made examinations, investigations, tests, studies and related data as he deems necessary, and CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract times and in accordance with the other terms and conditions of the Contract Documents. 7.05 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, reports, and data, with the terms and conditions of the Contract Documents. 7.06 CONTRACTOR has given CITY REP written notice of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. CONTRACTOR assumes full responsibility and liability for any conflicts, errors or discrepancies in the Contract Documents, including, but not limited to, the specifications, design and engineering for the project, for which written notice has not been provided and which an adequate review by CONTRACTOR would have revealed. ARTICLE 8 - CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of those listed below. There are no Contract Documents other than the following: 8.01 The Contract 8.02 Bid Proposal 8.03 The Construction Drawings 8.04 The Technical Specifications 8.05 Performance Bond and Payment Bond 8.06 Moab City Design Standards and Public Improvement Specifications (September 1999) 8.07 General Conditions (pages 1 to 47, inclusive) 8.08 Stream Channel Alteration Permit No. 09-05-08SA issued on August 26, 2009 and Extended on December 28, 2010. 8.09 Notice to Proceed to be issued after Contract award, prior to construction. 8.10 The following which may be delivered or issued after the Effective Date of this Contract and are not attached hereto: A. Written Amendments; CC-5 Page 85 of 94 7-4 City of Moab — Construction Contract Project: 500 W / 300 W Pedestrian Bridges and Trails Project B. Work Change Directives; C. Change Order(s). ARTICLE 9 - INSURANCE 9.01 General Insurance Requirements: A. CONTRACTOR, at its own expense, shall purchase and maintain insurance of the types and amounts required in this section, with companies possessing a current A.M. Best, Inc. rating of B++6, or better and legally authorized to do business in the State of Utah with policies and forms satisfactory to CITY. B. Policies written on a "Claims made" basis are not acceptable without written permission from the City's Attorney. C. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of CITY, constitute a material breach of this Agreement and may result in termination of this contract. D. If any of the insurance policies are not renewed prior to expiration, payments to the CONTRACTOR may be withheld until these requirements have been met, or at the option of the City, the City may pay the Renewal Premium and withhold such payments from any monies due the CONTRACTOR. E. All insurance policies, except Workers' Compensation and Professional Liability required by this Agreement, and self -insured retention or deductible portions, shall name, to the fullest extent permitted by law for claims arising out of the performance of this contract, the City of Moab, its agents, representatives, officers, directors, officials and employees as Additional Insureds. F. CONTRACTOR's insurance shall be primary insurance over any insurance available to the CITY and as to any claims resulting from this contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. G. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against CITY, its agents, representatives, officers, directors, officials and employees for any claims arising out of CONTRACTOR 's acts, errors, mistakes, omissions, work or service. H. The insurance policies may provide coverage which contain deductibles or self - insured retentions. Such deductible and/or self -insured retentions shall be assumed by and be for the account of, and at the sole risk of CONTRACTOR. CONTRACTOR shall be solely responsible for the deductible and/or self -insured retention. The amounts of any self -insured retentions shall be noted on the Certificate of Insurance. CITY, at its option, may require CONTRACTOR to secure payment of such deductibles or self -insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. Self -insured retentions in excess of $10,000 will not be accepted except with permission of the Management Services Director/designee. CC-6 Page 86 of 94 7-4 City of Moab — Construction Contract Project: 500 W / 300 W Pedestrian Bridges and Trails Project I. All policies and certificates shall contain an endorsement providing that the coverage afforded under such policies shall not be reduced, canceled or allowed to expire until at least thirty (30) days prior written notice has been given to CITY. J. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the CONTRACTOR with reasonable promptness in accordance with the CONTRACTOR's information and belief. K. In the event that claims in excess of the insured amounts provided herein, are filed by reason of any operations under this contract, the amount of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the CONTRACTOR until such time as the CONTRACTOR shall furnish such additional security covering such claims as may be determined by the CITY. 9.02 Proof of Insurance - Certificates of Insurance A. Prior to commencing work or services under this Agreement, CONTRACTOR shall furnish to CITY Certificates of Insurance, issued by CONTRACTOR's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and obtain from the City's Risk Management Division approval of such Certificates. B. If a policy does expire during the life of this Agreement, a renewal certificate must be sent to the City of Moab five (5) days prior to the expiration date. C. All Certificates of Insurance shall identify the policies in effect on behalf of CONTRACTOR, their policy period(s), and limits of liability. Each Certificate shall include the job site and project number and title. Coverage shown on the Certificate of Insurance must coincide with the requirements in the text of the contract documents. Information required to be on the certificate of Insurance may be typed on the reverse of the Certificate and countersigned by an authorized representative of the insurance company. D. CITY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. CITY shall not be obligated, however, to review same or to advise CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall not relieve CONTRACTOR from, or be deemed a waiver of CITY's right to insist on, strict fulfillment of CONTRACTOR's obligations under this Agreement. 9.03 Required Coverage - Such insurance shall protect CONTRACTOR from claims set forth below which may arise out of or result from the operations of CONTRACTOR under this Contract and for which CONTRACTOR may be legally liable, whether such operations be by the CONTRACTOR or by a Sub -consultant or subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Coverage under the policy will be at least as broad as Insurance Services Office, Inc., policy form CG00011093 or equivalent thereof, including but not limited to severability of interest and waiver of subrogation clauses. A. Claims under Workers' Compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; B. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; CC-7 Page 87 of 94 7-4 City of Moab — Construction Contract Project: 500 W / 300 W Pedestrian Bridges and Trails Project C. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; D. Claims for damages insured by usual personal injury liability coverage; E. Claims for damages, other than to Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; F. Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; Coverage will be at least as broad as Insurance Service Office, Inc., coverage Code "I" "any auto" policy form CA00011293 or equivalent thereof. G. Claims for bodily injury or property damage arising out of completed operations; H. Claims involving contractual liability insurance applicable to the Contractor's obligations under the Indemnification Agreement; I. Claims for injury or damages in connection with one's professional services; J. Claims involving construction projects while they are in progress. Such insurance shall include coverage for loading and off loading hazards. If any hazardous material, as defined by any local, state or federal authorities are to be transported, MCS 90 endorsement shall be included; 9.04 Commercial General Liability - Minimum Coverage Limits: The Commercial General Liability insurance required herein shall be written for not less than $1,000,000 limits of liability or ten percent (10%) of the Contract Price, whichever coverage is greater. Any combination between general liability and excess general liability alone amounting to a minimum of $1,000,000 per occurrence (or 10% per occurrence) and an aggregate of $2,000,000 (or 20% whichever is greater) in coverage will be acceptable. The Commercial General Liability additional insured endorsement shall be as broad as the Insurance Services, Inc's (ISO) Additional Insured, Form B, CG 20101001, and shall include coverage for CONTRACTOR's operations and products, and completed operations. 9.05 General Liability - Minimum Coverage Limits A. The General Liability insurance required herein, including, Comprehensive Form, Premises -Operations, Explosion and Collapse, Underground Hazard, Products/Completed Operations, Contractual Insurance, Broad Form Property Damage, Independent Contractors, and Personal Injury shall be written for Bodily Injury and Property Damage Combined shall be written for not less than $1,000,000 or 10% of the contract cost and with a $2,000,000 aggregate. B. Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any owned, hired, and non -owned vehicles assigned to or used in performance of the CONTRACTOR's work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards if hazardous substances, materials or wastes are to be transported and a MCS 90 endorsement shall be included with coverage limits of $5,000,000 per accident for bodily injury and property damage. CC-8 Page 88 of 94 7-4 City of Moab — Construction Contract Project: 500 W / 300 W Pedestrian Bridges and Trails Project 9.06 Worker's Compensation and Employer's Liability: A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over CONTRACTOR's employees engaged in the performance of the Work or Services; and, Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease coverage for each employee, and $1,000,000 disease policy limit. B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of CONTRACTOR. ARTICLE 10 - INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless the City of Moab, its agents, representatives, officers, , officials and employees from and against all claims, damages, losses and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this Contract. CONTRACTOR'S duty to defend, hold harmless and indemnify the City of Moab, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from any acts, errors, mistakes, omissions, work or services in the performance of this contract including any employee of the CONTRACTOR or any tier of subcontractor or any other person acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. ARTICLE 11 - BONDS 11.01 Contemporaneous with issuance of the Notice to Proceed, Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and authorized to do business in the State of Utah, in a form acceptable to the City, and in an amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and benefit of the City to secure Contractor's performance of its construction obligations under this Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations. 11.02 Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. 11.03 The letter of credit, payment bond, and performance bond shall be released no later than one year from the date of award of this Contract, provided that no person has provided a demand for payment as provided by law or commenced an action seeking payment against the City or under any such instrument within that time. In the event any person described in subsection (a), above, issues a demand or commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the CC-9 Page 89 of 94 7-4 City of Moab — Construction Contract Project: 500 W / 300 W Pedestrian Bridges and Trails Project City may elect to interplead said funds into a court of competent jurisdiction, at which point the City will be discharged of any further liability. In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. 11.04 Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract. The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 11.05 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. ARTICLE 12 - MISCELLANEOUS 12.01 Terms used in this Contract which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. 12.02 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 12.03 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. This Contract will be effective on March 8, 2011. FOR THE CITY OF MOAB FOR THE CONTRACTOR MAYOR Signature ATTEST: ATTEST: If Corporation City Clerk Secretary CC - 10 Page 90 of 94 7-4 City of Moab — Construction Contract Project: 500 W / 300 W Pedestrian Bridges and Trails Project Exhibit A ARTICLE 13 - PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of 200 by ("Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ , check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the project owned by the City and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. By: Subcontractor Title: CC - 11 Page 91 of 94 7-4 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259-4135 To: Honorable Mayor and City Council From: Donna Metzler, City Manager Date: March 4, 2011 Subject: Addendum #1 to C.E.M. Aquatics Contract MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY SARAH C. BAUMAN JEFFREY A. DAVIS KIRSTIN PE ERSON GREGG W. STUCKI The City has a contract with C.E.M. Aquatics for the purchase of swimming pools and swimming pool equipment. The City's Aquatic Manager has determined that the City can find lower prices on many of the equipment items than those quoted by C.E.M. C.E.M. has agreed to eliminate those items from its contract, for a total reduction in the contract of $6,289. By purchasing these items directly, the city will be able to save approximately $2,700. City staff recommends approval of Addendum #1 to the C.E.M. contract. ADM-MEM-1 1-03-0113 First EPA Green Powergg ofannn tnity in the Nation CEM Attn: Patrick Baril City of Moab CC: Mike Hogan Hogan Construction RE: Addendum #1 to Contract Grand County Recreation & Aquatic Center Patrick, Feb 22, 2011 Per your request emailed to Amy Quinn at our office on February 17, 2011, the items listed below, which are called out for in the project pool drawings and specifications, will be deleted from our current contract scope. It is our understanding that you will now be purchasing these items yourself. As a result, the total amount of $6,289.00 should be deducted from our current Equipment & Materials Contract with the City of Moab. This contract is dated Jan 26"', 2010, and signed by myself and Mayor David 5akrison. All other terms of the contract remain unchanged. 11 - 50" rescue tubes eliminated from CEM scope [$65.91 x 11] = $725.01 3 - Ring buoy with ropes eliminated from CEM scope [$80.39 x 3] = $241.17 7 - Shepherd crooks / poles - reduced to 5 supplied by CEM, credit for 2 [$48.40 x 2] = $96.80 1 - First aid kit eliminated from CEM scope = $43.75 1 - Backboard with straps and head immobilizer eliminated from CEM scope = $742.85 2 - Portable vacuums eliminated from CEM scope [2,062.50 x 2] = $4,125.00 2 - 24" vacuum heads — reduce to 1 supplied by CEM, credit for 1 = $153.48 2 - 50' vacuum hose 2" — reduced to 1 supplied by CEM, credit for 1 = $90.53 2 - 20' vacuum hose 2" — reduced to 1 supplied by CEM, credit for 1 = $15.91 1 - test kit eliminated from CEM scope = $54.50 Total Deduct Amount = $6,289.00 Current Contract Amount = Total Amount to be deducted from contract = New Contract Amount = $1,083, 913.00 ($6.289.00) $1,077,624.00 CEM Aquatics: City of Moab igna u Tim Garner / Project Manager Signature: Name / Title: Name / Ti11e: Z•2Z-Icy Date: Date: ,5 Page 93 of 94 Mayor Dave Sakrison From: Bill Howell (bhowell@seualg.utah.govi Sent: Wednesday, March 02, 2011 10:34 AM To: mayordave@moabcity.org Subject: Billing for Lobbying Costs Dave, At the February 10, 2011 SEUALG board meeting, 1 was asked to submit invoices to the cities of Monticello and Moab for a share of the costs of retaining the lobbying services of Dave Spatafore to advance our interestes in S76, titled "Distribution of Revenues Collected Under the Local Sales and Use Tax Act." Please accept this e-mail as an invoice in the amount of $4,000 as the City of Moab's share of the cost for this service. Bill*************************************** Bill Howell So. East Ut. Assoc. of Local Govt's 375 S. Carbon Ave. P.O. Box 1106 Price, Utah 84501 435-637-5444 Fax 435-637-5448 bhowell@seualg.utah.gov 1 Page 94 of 94 1