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.
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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:
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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
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Red Rock Relay E Maps http://redrockTelay.com/moab/the-course/maps/
IFDROCtia
RELAY
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arches 8/41.0eal Park
Dears Mores
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Page 36 of 94
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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
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Page 49 of 94
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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
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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.
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CONSTRUCTION CONTRACT
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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.
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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
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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.
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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
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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;
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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.
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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;
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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.
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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
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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
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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
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