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PKT-CC-2011-09-13
CITY OF MOAB September 13, 2011 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 119 Page 2 of 119 Moab City Community Meetings September 2011 September 2011 S M T W T F October 2011 S SMTW T F S 11 18 25 1 2 4 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 3 10 2 3 4 5 17 9 10 11 12 24 16 17 18 19 23 24 25 26 30 31 1 6 7 8 13 14 15 20 21 22 27 28 29 a w '^ co N 0, J Q o v n o_ v) N co m ~Y, o u N n N Sunday Monday Tuesday Wednesday Thursday Friday Saturday Aug 28 29 30 31 Sep 1 2 3 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 4 5 6 7 8 9 10 6:00pm 7:00pm GCAB 3:00pm 4:00pm GC Counci 5:00pm 6:00pm KZMU Boa 7:00pm 9:00pm GC Counci 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 11 12 13 14 15 16 17 12:30pm 2:00pm 4:00pm 6:00pm GCCOA GCWB 12:00pm 2:00pm TRAIL 3:00pm 5:00pm SFSC 3:00pm 4:00pm GCSDBE V\ 3:00pm 3:30pm MVFPD 6:30pm 9:00pm Moab CC 6:00pm 6:00pm 7:00pm 7:00pm GC PC 7:00pm TSSSFD 8:00pm TSSD 5:30pm 6:30pm MATCAB 18 19 20 21 22 23 24 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 6:30pm 8:00pm Moab PC 25 26 27 28 29 30 Oct 1 12:00pm 12:30pm MTPSC 5:00pm 6:00pm SEUDHD 6:00pm 7:00pm GC PC 6:30pm 9:00pm Moab CC Moab City Recorder's Office 1 9/9/2011 5:15 PM Page 3 of 119 Moab City Community Meetings October 2011 October 2011 S M T W T F November 2011 S S M T W T F S 16 23 30 2 3 4 5 6 7 9 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 1 1 2 8 6 7 8 9 15 13 14 15 16 22 20 21 22 23 29 27 28 29 30 3 4 5 10 11 12 17 18 19 24 25 26 t; o u, N a j.v m N o Ln 0 N N 0 N m N tl o Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sep 25 26 27 28 29 30 Oct 1 2 3 4 5 6 7 8 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 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 9 10 11 12 13 14 15 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 6:30pm 9:00pm Moab CC ' 16 17 18 19 20 21 22 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 5:30pm 6:30pm MATCAB 23 24 25 26 27 28 29 12:00pm 12:30pm MTPSC 6:00pm 7:00pm GC PC 6:30pm 8:00pm Moab PC 6:30pm 9:00pm Moab CC Moab City Recorder's Office 2 9/9/2011 5:15 PM Page 4 of 119 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, September 13, 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 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATION 4-1 Presentation Regarding Special Event Permits and City Parks by Canyonlands Half Marathon SECTION 5: CONSENT AGENDA 5-1 Approval of Local Consent of a Full -Service Restaurant Liquor License for Alex Borichevsky and Frankie Winfrey, d.b.a. Sabaku Sushi Located at 90 East Center Street 5-2 Approval of a Street Performance Permit for John Kovash for Various Dates and Locations in Downtown Moab 5-3 Approval of a Request by the Grand County High School and Middle School Native American Club for Use of Swanny City Park on October 22, 2011 5-4 Approval of a Special Event Business License for the Grand County High School Native American Club to Conduct a Concert in Swanny City Park on October 22, 2011 Page 5 of 119 5-5 Approval of a Waiver of the Special Business License Fee for the Grand County High School Native American Club in an Amount Not to Exceed $80.00 5-6 Approval of a Request by Chile Pepper Bike Shop for Use of Anonymous Park on October 30, 2011 5-7 Approval of a Special Event License for Chile Pepper Bike Shop to Conduct a Bicycle Dirt Jump Competition on October 30, 2011 at Anonymous Park SECTION 6: NEW BUSINESS 6-1 Approval of a Conditional Use Permit Application for a Bed and Breakfast Located at 310 East 100 North in the R-3 Zone 6-2 Approval of Proposed Resolution #18-2011— A Resolution Accepting Improvements Constructed in Association with the Medical Clinic Previously Located at 630 West and 400 North 6-3 Award of the Bartlett Street and 400 North Street Improvements Project Bid 6-4 Approval of the Bartlett Street and 400 North Street Improvements Project Contract 6-5 Approval of the Final Plat for Moab Valley Healthcare Subdivision 6-6 Approval of a Solicitor License for Vivint, Inc., d.b.a. Arm Security Incorporated to Conduct Door -to -Door Sales of Home Security and Automation Systems 6-7 Approval of a Warranty Deed from Michael and Heather Taylor for Dedication of Right -of -Way Along West Center Street 6-8 Approval of an Improvements Agreement by and between the City of Moab and Michael and Heather Taylor for Public Improvements in the West Center Street Right -of -Way 6-9 Approval of a Subdivision to Create the Archland Townhome Subdivision in the R-3 Zone at 164 South 300 East 6-10 Discussion Regarding Long Range Water Projects SECTION 7: READING OF CORRESPONDENCE SECTION 8: ADMINISTRATIVE REPORTS SECTION 9: REPORT ON CITY/COUNTY COOPERATION SECTION 10: MAYOR AND COUNCIL REPORTS SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 12: 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 6 of 119 Mayor Dave Sakrison Gregg Stucki Jeff Davis Kirstin Peterson Kyle Bailey Sarah Bauman Septem ber 8, 2011 Dear Mayor Sakrison and Members of the Moab City Council, We represent six special event organizers that draw • 32,000+ visitors • $7.7M in revenue to local economy We are writing to request that the City Council consider the modification of Moab City Code 12.20.040, which prohibits consumption or possession of alcoholic beverages in public parks. We understand the need for regulation of consumption of alcoholic beverages in city parks and strongly believe that special event beer or wine licenses can be offered without compromising safety or increasing risk. We spoke with several town and city representatives across Utah whose boroughs allow special event liquor licensing, in accordance with State Law and the requirements of the DABC, and feel confident that this model would be successful in Moab. Special event beer and/or wine licensing would provide the following benefits • Generate increased revenues to the city through event license fees and sales tax • Generate increased revenues for various organizations in the community through sales • Potentially decrease uncontrolled and unregulated alcohol consumption at special events by regulating consumption in a contained environment. • Potentially bring more special events to Moab, particularly in the off season • Non profit organizations in the community, such as the Humane Society of Moab Valley, have expressed support for this request, as they view it as an opportunity to increase fundraising outcomes. We are convinced that these benefits can be garnered with minimal risk based on the examples of other towns and cities in Utah that have successfully allowed service of beer or wine at their special events through the special event permit process. Please see the following page for an outline of these examples. We greatly appreciate the Council taking time to hear our request and consider updating code to continue to grow special events in our community. Ranna Bieschke Melissa Schmaedick Beth Logan Moab Half Marathon Moab Folk Festival Skinny Tire Events Helene Rohr Andrew Moab Pride Festival Moab E. Yarosh Theresa King Music Festival Moab Arts Festival Page 7 of 119 Summary of conversations • 6 communities contacted, all analogous tourism -based economies • All 6 allow special event beer or wine licenses • All 6 reported no alcohol -related incidents • 4 have Utah Local Government Trust (UGLT) as their liability carrier (this is Moab's carrier) • 5 require special event licensees to carry liability insurance and name city blameless • Special event permits are temporary (1 or 2 days typically) and can be revoked mid -event or not issued the next year. No one reported ever revoking a license • 4 of the communities have a limit on the total number of special event liquor licenses that can be issued in a year • All stated licenses were contingent upon strict compliance to Division of Alcoholic Beverage Control (DABC) guidelines (beer gardens, limitations on service, etc) • 4 indicated DABC compliance was ensured by event personnel rather than city personnel • All reported that beer and/or wine sales increased event revenue Heber Suzanne Hanson, Planning Director • UGLT is liability carrier • No incidents in memory • City code prohibits possession/consumption, but exception is made for special events • Code was modified 5 years ago when Tour of Utah requested to use a city park, conditional upon being able to serve beer to participants • Applicants must get local consent from city council, permit from DABC, pay fees, get a separate special event license, and carry general liability insurance. Applicants must pass a background check • Event personnel ensure compliance with DABC regulations; city charges for use of police force. • City police can revoke the special event liquor license while the event is ongoing. This hasn't happened yet. • No more than four single event beer permits may be granted to a single entity, per year. • City code said license issuance depends upon city council finding, "the proposed Single Event does not pose a threat to the health, peace, safety and welfare of surrounding land uses;" and "the proposed Single Event will not create a nuisance to the community;" among other stipulations Helper Stacy Armstrong, Helper Arts Festival (HAF) Coordinator • UGLT is liability carrier • Never had any incidents • HAF is a "huge moneymaker" for the city • No city code barring beer/wine, but they do issue special event licenses • Police chief reviews the rules and regulations with event organizers to ensure DABC and city code compliance 1 Page 8 of 119 Springdale Rick Wixsom, Town Manager / Julie Hancock, Director of Canyon Community Center • UGLT is liability carrier • Never had any incidents: "Quite the contrary people brought their own alcohol to events before, now they only drink beer. No more hard stuff and it seems to have eliminated the problem of alcohol related incidents" —Julie Hancock • Beer garden is allowed at their ballpark for some events; city voted to keep one specific event alcohol -free. • Special event licensee must show proof of liability insurance, pay a refundable damage deposit • No more than two permits may be issued to a licensee in a calendar year Torrey Jen Howe, Torrey City Councilwoman • UGLT is liability carrier • They've "never had a problem." • No code prohibiting beer or wine in the park or on town property • Town insurance covers special events (i.e. no third party insurance) • Applicant shows compliance with DABC, pays a fee prior to license application Ogden Heidi Harwood, Special Events chairwoman • UGLT is not liability carrier • No incidents in memory • City code lists specific locations where event organizers may apply for beer/wine permits • Code allows for some discretion of permit issuance: "...alcohol permit may be issued at the discretion of the community services director...in accordance with departmental rules and regulations and under [certain] conditions" (conditions are then listed) • Serving party is required to provide liquor and general liability insurance, with city being named as "additional insured" • Event planners are somewhat self-selecting due to complicated application process that includes high fees for application and appearance before a Special Event Committee • Number of special event liquor licenses issued by the city may not exceed a total of 90 days in a calendar year Park City Jessica Winderl, Paralegal, Park City Municipal Corporation • UGLT is not liability carrier • Have had no incidents of note • City code prohibits alcohol consumption on city property, but has an exception for special events (similar to UT statute) • Police are involved with compliance and would verify that things always go smoothly • City code limits the number of special event liquor licenses to 4 per licensee in a year. • City code states that the Police Chief (or a designee) may suspend a Master Festival license for reasons including, "...evidence that the program manager... constitutes a hazard or nuisance to the health, safety or welfare of the community." 2 Page 9 of 119 ikr TOWN OF SPRINGDALE 118 Lion Blvd PO Box 187 Springdale UT 84767 435-772-3434 fax 435-772-3952 APPLICATION FOR SPECIAL EVENT BEER LICENSE FOR OFFICIAL USE ONLY File # Brief Description of Event Application Date: Completed File Date: Review Date: Notes: Authorization: Revised 1 /07 APPLICANT INFORMATION: (If applicant is a partnership, association or corporation, please provide the following information for each partner, officer or director of the organization) Name: Business/ Organization: Street Address: Mailing Address: Email Address: Phones (Business) (Cell) (Fax) (Home) Federal Tax ID # or SS#: Date of Birth: State Sales Tax #: If the applicant is a partnership, corporation or LLC, please provide proper verification that the person or persons signing the application are authorized to act on behalf of the organization. Members of organization involved in the sale or dispensing of beer or liquor who meet the qualifications of Town Code Section 3-2-7. Please see attached page for qualifications. Please note that all persons involved in the sale of beer must have a valid certificate from an alcohol training and education seminar that meets the requirements of the Alcohol Beverage Control Act. Please attach additional page if necessary (see other side Springdale Special Event Beer License Page 1 Page 10 of 119 EVENT INFORMATION: Time(s), date(s), location and description of event: If property or building used for the event is leased, please list the name, address and phone number of the property owner. Please attach a description, or floor plan, designating: ■ The sites from which the applicant proposes beer be sold or served, including all dispensing points (storage areas, booths, tables, bars and other areas set apart for the sale of beer). ■ The areas in which the applicant proposes that beer be allowed to be consumed. And include: ■ A statement of purpose of the temporary special event. ■ A signed consent form authorizing law enforcement officers or town code enforcement officials an unrestricted right to enter premises during the event for the purpose of monitoring compliance with license terms, town ordinances and state codes (see attached form). ■ A copy of the applicant's State special event beer license. ■ A copy of the applicant's Town of Springdale Temporary Use Permit (if applicable). ■ A signed consent to use premises (if property or building is leased). I hereby certify that the statements contained herein are true and accurate to the best of my knowledge. I hereby certify that I will comply with the Utah alcoholic beverage control act. Signature Date ************************************************************************************ FOR OFFICIAL USE ONLY Criminal Background Check (if required) Planning and Zoning Springdale Special Event Beer License Page 2 Page 11 of 119 Conditions for Granting a Special Events Beer License (Town Code Section 3-2-4-E-3) a. All persons involved in the sale or serving of beer at the event shall do so only under the supervision and direction of the licensee. The licensee shall be solely responsible for compliance with all applicable terms of the license, town ordinances, and the Utah alcoholic beverage control act. b. No beer or other alcoholic beverage shall be brought by persons other than the licensee onto the premises of the event. c. Beer purchased for the event may not be stored in any place other than that described in the application and designated on the permit. d. Beer purchased for the event may not be sold or served in any place other than that described in the application and designated on the permit. e. Beer purchased for the event may not be consumed in any area other than that described in the application and designated on the permit. f. All beer stored, sold, served and consumed at the temporary special event shall be purchased by the licensee from a licensed beer wholesaler or retailer. g. Special event beer licenses are not transferable. h. Special event beer licenses shall be approved for a specific event scheduled on a date or dates certain and shall be valid for a period not to exceed the duration of the temporary use permit granted for the event under section 10-22-4 of the Town code. i. No more than two (2) special event beer licenses shall be granted in any calendar year to any applicant. j. No sale of beer shall exceed a sixteen (16) ounce serving. No open containers used for drinking purposes or containing alcoholic beverages may leave the premises. k. Beer may only be sold, offered for sale, served or otherwise furnished or consumed between the hours of one o'clock (1:00) P.M. and eleven o'clock (11:00) P.M. 1. Minors shall not be permitted to serve or dispense beer, nor shall they be permitted to consume or purchase beer at the event. m. Beer may not be sold, served or otherwise furnished to any minor, or any person who is actually, apparently or obviously intoxicated, known to be a habitual drunkard, or known to be an interdicted person. n. Beer shall be sold on a per serving basis; "all you can drink" or similar events where beer is served without limitation upon paying a fixed price, or any other sales proscribed under Utah Code Annotated section 32A-10-306(2)(h) are prohibited. Springdale Special Event Beer License Page 3 Page 12 of 119 o. All persons involved in the sale or service of beer at the temporary special event may not consume any alcoholic beverages or be intoxicated while on duty at the event. p. The licensee shall properly train all event personnel pursuant to Utah Code Annotated section 32A-1-401 on all operational restrictions. q. The licensee shall provide adequate event security, given the nature of the event and the expected number of event patrons. r. All beer is considered under the control of the licensee during the special event. s. The licensee shall maintain an expense and revenue ledger or record showing the expenditures made for beer and the revenue from the sale of beer. t. A copy of the license and a list of the restrictions and requirements of this section shall be posted in a prominent place in the area in which beer is being sold, served and consumed. u. If applicable, concurrent with the application for a special event beer license, the applicant shall apply for a temporary use permit as provided under section 10-22-4 of the Town code, which may be processed together by the town. v. An indication of the application fee and of any license conditions must be attached to the license. w. Acts or conduct at an event for which a license is granted which are considered contrary to the public welfare and morals, as defined by Utah Code Annotated sections 32A-10-306(3) and (5) are prohibited on the premises. The town of Springdale may be more restrictive than subsections (3) and (5). It is the responsibility of the licensee to maintain proper order and decorum within the establishment by taking appropriate action to prohibit disorderly or prohibited conduct in the premises by any patron or employee. Failure of the licensee to do so may subject the licensee to possible revocation of the license. Springdale Special Event Beer License Page 4 Page 13 of 119 Licensee Qualifications (Town Code Section 3-2-7) No application for a beer or liquor license shall be granted to any retailer, partnership, corporation or association if the applicant or any partner, director or officer of the applicant, or any employee who will work in the sale or dispensing of beer or liquor does not meet the qualifications for a license as set forth in subsections A through F of this section: (emphasis added) A. Each such person shall be over the age of twenty one (21) years. B. Each such person shall not: 1. Have ever been convicted of or pled guilty to a felony under any state or federal law, any crime involving moral turpitude or a violation of any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration or transportation of alcoholic beverages; or 2. Pled guilty to or been convicted of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug within the five (5) years before the date of application. C. Each such person shall not have been convicted of any violation of any law or ordinance relating to the importation or sale of intoxicating liquors, or of keeping a gambling or disorderly establishment, or have pled guilty to or forfeited his bail on a charge having violated any such law or ordinance within the preceding three (3) years of the date of the application. D. Each such person shall not have had a renewal application for his beer or liquor license denied, or his regular license revoked, or an emergency suspension that was made permanent pursuant to this chapter within the previous three (3) years. E. Each such person shall submit to the town a certificate granted by the Utah department of alcoholic beverage control, or demonstrate proof of the existence of such a certificate, that they have completed the alcohol training and education seminar, as required in Utah Code Annotated section 62A-15-401. F. No license shall be granted to sell beer for either on site or off site consumption within the distances of any church or school set forth in the Utah Code Annotated section 32A- 10-201, as the same may be amended from time to time, unless an exemption pursuant to said statute is obtained. Springdale Special Event Beer License Page 5 Page 14 of 119 SPECIAL EVENT BEER LICENSE INSPECTION CONSENT I, , hereby authorize and allow Springdale, Washington County, or State of Utah law enforcement officers or Springdale code enforcement officials an unrestricted right to enter the premises at during the event described in the attached special event beer license application, for the purpose of monitoring compliance with license terms, town ordinances and state codes. Signature Date Springdale Special Event Beer License Page 6 Page 15 of 119 OGDEN CITY CORPORATION SPECIAL EVENTS 2036 Lincoln Ave. Suite 105 Ogden, Utah 84401 Page 1 of 6 Phone: 801-629-8547 FAX: 801-392-0604 Email: specialevents@a,ogdencity.com SPECIAL EVENT APPLICATION NOTE: APPLICATION IS DUE 45 DAYS PRIOR TO EVENT A Special Event Application MUST be completed for any event that is planned to take place on Ogden City property when the public is invited to attend or any event that involves blocking public streets or sidewalks. It is also required for a private event that involves more than 200 people. Name of Event: Event Date(s): Time: Type of Event: ❑ Public Gathering ❑ Private Gathering ❑ Parade (include map) ❑ Walk or Run (include map) ❑ Demonstration or rally ❑ Other: ❑ Tent or Parking Lot sale (not held on your own property) Please note that a waiver of certain requirements may apply pursuant to Ogden municipal code section 6-5-20. Location (City Park, street location or starting point) Include a map with this application that shows all items checked on the following pages: Description of assistance requested from Ogden City departments (Police, Fire, Streets, Parks, etc.). Additional space for information is provided on subsequent pages: Note: Unless the City has agreed to provide such services, you are responsible for cleaning the special event area of clutter & debris and disposing of all waste in J accordance with city rules and regulations. You are also responsible for any property damage. 1 Set -Up: Day of week: Take Down: Day of week: Estimated Attendance If expected attendance is 500 or more, mass gathering rules may apply. Date: Time: Date: Time: Participants: Spectators: Organization: Name: Phone: Contact: Name: Daytime Phone: Street: Cell or Evening Phone: City: State: Zip: FAX: Email: Website: Secondary Contact: Name: Phone: Email: I agree to abide by all Ogden City rules and regulations and any county, state or federal laws that may be applicable to my event. I agree to indemnify and hold harmless Ogden City Corporation from any and all liability or obligation arising from or in connection with this event. If submitting this application electronically, I agree to be legally bound by the terms and conditions contained in the Application. Signature (or name if form is transmitted electronically): Date: Received by: Date: Permit Issued by: Date: WARNING: SUBMISSION OF THIS FORM DOES NOT GUARANTEE APPROVAL OF THE EVENT Failure to complete all sections of this form and meet all requirements may result in delay, limitations or cancellation of your event. Ogden City Corporation reserves the right to deny approval of special events that do not comply with Ogden City ordinances and/or policies. 4-1 Page 16 of 119 OGDEN CITY CORPORATION SPECIAL EVENTS 2036 Lincoln Ave, Suite 105 Ogden, Utah 84401 Page 2 of 6 Phone:801-629-8547 FAX: 801-392-0604 Email: specialevents@ogdencity.com Name of Event: Date(s) of event: i Health Department contacted: yes ❑ no ❑ Tax Commission contacted: yes ❑ no ❑ Noise Ordinance Variance applied for: yes ❑ no ❑ Please check all items below that apply to your event. Please provide a detailed explanation under "details" for each item checked. Refer to the individual requirements in each section. The information you give us will help us to provide you the best service possible. If we require additional information or if there are restrictions associated with any of the items checked, you will be contacted. Some items may require additional permits, licenses, or insurance. Events that require extra city support may be assessed fees for services. You will be notified of any fees and they will be payable before your event permit can be issued. If you have questions, please contact the Ogden City Special Events office. Your permit will be issued after all necessary departments have responded with their recommendations or approval. ✓ ITEM DETAILS Fee I Liability Insurance Certificate of insurance must be provided. See insurance Attachment A for details. Please complete information below and submit the Special Event Application even if you have not received your certificate of insurance. The certificate should be provided to Ogden City no less than three weeks before the event. If you are unable to provide your own insurance, contact the Special Event Coordinator for additional information. Events must provide their own insurance. Company/Agent: Telephone #: Fax #: Address: City: State: Zip: Admission to be charged Contact Utah 801-297-6303 State Tax Commission special events office for tax reporting requirements — No Fee Special Event Business License A temporary $83.00 license is required for every event. Application can be obtained from Ogden City Licensing - 801-629-8962. Payment is made to the licensing department. Payable to Licensing Department Sales — Merchandise, food and/or vendors Each vendor is required to have a Special Public or Civic Event License. The cost is $5 per day or a series license can be purchased for $15. It is preferable that the event coordinator obtain the licenses for all vendors prior to the event. Contact Ogden City Business Licensing - 801-629-8962. Payable to Licensing Department Alcoholic Beverages yes ❑ no ❑ Parks: Alcoholic beverages are permitted to be served at private events only at MTC Park and the Amphitheater with the purchase of an Alcoholic Beverage Permit available through the Parks Department Special requests for serving alcoholic beverages at any event must be approved through the special event application process. If alcoholic beverages are to be sold, application must also be made 60 days in advance to the Ogden City Licensing Department (801-629-8962) and the Utah Division of Alcoholic Beverage Control (801-977-6800). Event must provide its own security guards for controlling beer gardens. Liquor liability insurance is also required. Beer Garden policies will be discussed on an individual basis per event. License fee payable to Ogden City Licensing Department UDABC fees payable to State of Utah Park Reservation If the event includes use of an Ogden City Park, the park must be reserved by contacting the Ogden City Parks Department at 801-629-8284. All applicable reservation fees will be charged and must be paid before the reservation can be confirmed. Small, non -reservable parks are not available for special events because of the lack of sufficient facilities and services required for large functions. A site map showing planned location of booths, activities, participants, etc. must accompany the Special Event Application. Which park is reserved? Fees payable to Parks Department WARNING: SUBMISSION OF THIS FORM DOES NOT GUARANTEE APPROVAL OF THE EVENT Failure to complete all sections of this form and meet all requirements may result in delay, limitations or cancellation of your event. Ogden City Corporation reserves the right to deny approval of special events that do not comply with Ogden City ordinances and/or policies. Page 17 of 119 4-1 OGDEN CITY CORPORATION SPECIAL EVENTS 2036 Lincoln Ave, Suite 105 Ogden, Utah 84401 Page 3 of 6 Phone: 801-629-8547 FAX: 801-392-0604 Email: specialevents@ogdencity.com Name of Event: Date(s) of event: Stage (portable) Location must be shown on event layout map. Fee is applicable if Ogden City stage is requested. Bleachers (portable) Arrangements for bleacher rental must be made through the Parks Dept — 801-629-8284. Rental Agreement payable to Parks Dept Electrical requirements Identify electrical needs and they will be accommodated if possible. Otherwise, generators must be provided by the event organizers. Trash Cans / Collection Tipping fee is $5 per can if extra trash cans are provided by the city. Parks normally have sufficient trash cans provided with a paid reservation. Number & locations of extra trash cans requested: Fire Marshal Concerns: di Canopies or Tents (list sizes) Quantity Size Ogden City Code 105.6.43 - Tents with sides and over 200 square feet need permits. Canopies without sides can be up to 400 square feet without a permit, unless they meet the exceptions listed below. Exceptions: 2. Fabric canopies open on all sides which comply with all of the following: 2.1. Individual canopies having a maximum size of 700 square feet. 2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of not less than 12 feet shall not exceed 700 square feet total. 2.3. A minimum clearance of 12 feet to structures and other tents shall be provided. List canopy/tent quantities & sizes. Fencing or scaffolding List sizes. May require fire marshal inspection. Fire (candles, heaters, fireplace, campfire, etc.) Describe in detail: Fireworks / pyrotechnics Special permits required — Contact fire marshal at 801-629-8070. Propane gas Tanks must be secured and may require inspection by the fire marshal. First Aid Station Requests for ambulance and EMT services must be submitted to the fire department. Call 801-629-8069 to make arrangements. Fees payable to the Fire Department Police Department Concerns Music Amplification Noise Ordinance is applicable. All events with amplified music must apply for a Noise Ordinance Variance. See attachment B. Exception: Events held at the amphitheater are exempt. PA System Noise Ordinance is applicable. If limits are to be exceeded, application must be made for a Noise Ordinance Variance. See Attachment B. Parade Please attach a map showing route, staging and disbanding areas. WARNING: SUBMISSION OF THIS FORM DOES NOT GUARANTEE APPROVAL OF THE EVENT Failure to complete all sections of this form and meet all requirements may result in delay, limitations or cancellation of your event. Ogden City Corporation reserves the right to deny approval of special events that do not comply with Ogden City ordinances and/or policies. Page 18 of 119 4-1 OGDEN CITY CORPORATION SPECIAL EVENTS 2036 Lincoln Ave, Suite 105 Ogden, Utah 84401 Page 4 of 6 Phone: 801-629-8547 FAX: 801-392-0604 Email: specialevents@ogdencity.com Name of Event: Date(s) of event: Foot Race or Walk Please provide a map showing route including start, finish and aid stations (if applicable). Course markings must be done with chalk. Entire course must be cleaned up after event. Vehicles ❑ Cars ❑ Bicycles ❑ Motorcycles Driving on lawns in parks is prohibited unless special permission has been granted. Describe vehicular activity: Helicopter or Hot Air Balloon Please provide detailed plan. Police presence may be required. ■ Barricades You must provide your own barricades. Road Closure Please attach a map. A 20 foot open fire lane must be maintained at all times. barricading must comply with UDOT standards. Closures of state highways (Wall Washington Blvd, Harrison, etc.) require a UDOT encroachment permit — go Signage and Ave., to www2.udot.utah.gov/index.php/m=c/tid=680 or call 801-620-1600. Signs All temporary signage must comply with Ogden City Sign Ordinance Title 18. When promoting your event, please remember that it is illegal to fasten, attach, paint or place any sign, handbill, poster, advertisement or notice of any kind or sort in or on lampposts, telephone poles, electric light or power poles, hydrants, bridges, or trees or on any portion of any sidewalk, park strip or street. It is also illegal to paste, place, paint or attach any "sign" on any building, street or property of the city. Security / Crowd Control Events must provide their own security. If the police department determines that police presence is necessary or if the event requests police presence, a fee will be assessed. List assistance needed: Traffic Control If traffic control is provided by police a fee will be assessed. List assistance needed: Health Department Concerns: permit Ogden, UT may vary Fees payable to Health Department Mass Gathering Expected attendance: If a public event has 500 people in attendance for over two hours, a mass gathering must be applied for through the Weber -Morgan Health District, 477 23rd Street, 84401, Phone 801-399-7160. Fees are determined by the health department and according to activities at the event. Porta Potties / Toilets / Hand Washing Stations Attendance anticipated at over 500 people for more than 2 hours: If available permanent facilities do not meet the requirements of the mass gathering law, you must provide portable toilets and hand washing stations (hand sanitizers in winter) if available (see attachments). Indicate quantity & locations on your map or list them below if a map is not required. Please note that portable toilets cannot be located within 100 feet of food. Quantities & Locations: Event must provide its own portable units. Animals Hand washing stations need to be near areas where participants engage in touching animals. You must also clean up and appropriately dispose of waste from the animals. List type of animals: WARNING: SUBMISSION OF THIS FORM DOES NOT GUARANTEE APPROVAL OF THE EVENT Failure to complete all sections of this form and meet all requirements may result in delay, limitations or cancellation of your event. Ogden City Corporation reserves the right to deny approval of special events that do not comply with Ogden City ordinances and/or policies. Page 19 of 119 4-1 OGDEN CITY CORPORATION SPECIAL EVENTS 2036 Lincoln Ave, Suite 105 Ogden, Utah 84401 Page 5 of 6 Phone:801-629-8547 FAX: 801-392-0604 Email: specialevents@ogdencity.com Name of Event: Date(s) of event: Food ❑ preparation on site ❑ sales ❑ catered by restaurant ❑ prepackaged food ❑ food vendors Health Department needs to be contacted - A Temporary Food Service Permit must be obtained in any instance where food is prepared for sale to or consumption by the public. Contact Weber -Morgan Health District, Environmental Health Division, 477 23`d Street, Ogden, UT 84401, Phone 801-399-7160 to obtain the permit. When the permit is obtained, a copy should be forwarded to Ogden City Special Events. In addition to the Food Service Permit, at least one person with a valid food handler permit must be on site at all times. Street vendors are licensed to be in specific locations in the downtown area. However, events take precedence. Therefore, it is the responsibility of the event coordinator to contact vendors and give them event information including but not limited to fees, application process, site layout, etc. Vendors who wish to participate in an event will be required to adhere to all event rules and pay event fees as applicable. NOTE: If we do not receive your application 45 days prior to your event, licensed street vendors will be permitted to operate in their approved locations. Fees payable to Health Department Other (please list) Please describe your event. Attach additional pages if necessary. Publicity: We really want to help publicize your event! Do you want this event added to the Ogden Community Calendar listings? ❑ No ❑ Yes (You must add it yourself — See instructions below) The community calendar is actually several venue calendars that "talk" to each other with all events shared on the Ogden City website. If you add your event to the Ogden City calendar, you do not need to add it to any other Ogden venue calendar. Instructions for adding your event to the Ogden Community Calendar: Go to www.ogdencity.com. At the top of the home page, click on the "Ogden Area Events Calendar" tab. When the calendar opens, click on the "Submit Event" button located in the column on the left side of the main calendar. Follow the prompts to add your event to the calendar. Be sure to put a detailed description in the event description (or notes) section. This is what the public will see on the calendar. Your submittal to the calendar will go through an approval process and should appear on the calendar within a couple of business days. If you have a press release or flyer, please attach a copy to this application. If you have problems submitting your event, please call the calendar coordinator at 801-629-8988. You can also add your event to the Utah state event calendar by going to www.nowplayingutah.com. Click on the "submit listings" tab at the top of the page. You may also want to check event calendar submissions with local publications and TV and radio stations. See attachments for a list of publicity contacts. Revised 09/21/10 WARNING: SUBMISSION OF THIS FORM DOES NOT GUARANTEE APPROVAL OF THE EVENT Failure to complete all sections of this form and meet all requirements may result in delay, limitations or cancellation of your event. Ogden City Corporation reserves the right to deny approval of special events that do not comply with Ogden City ordinances and/or policies. Page 20 of 119 4-1 OGDEN CITY CORPORATION SPECIAL EVENTS 2036 Lincoln Ave, Suite 105 Ogden, Utah 84401 Page 6 of 6 Phone:801-629-8547 FAX: 801-392-0604 Email: specialevents@ogdencity.com Name of Event: Date(s) of event: Do not write below this section. You will be notified of approval, modifications needed, fees, or denial of your event after your application has been reviewed by all departments involved in the approval process. EVENT APPROVALS: (After signing, return only this page to Special Events unless you have included comments or fees on specific items listed on previous pages.) DEPARTMENTAL RECOMMENDATIONS (Please indicate applicable fees on previous pages and include comments, budget and/or project number in comments on this page.) Req'd Department Approval Signatures' Approved as Submitted Comments — denial of event or modification needed: Questions, comments or concerns: Please call Ogden City Special Events coordinator at 801-629-8547. Police: Fire: Public Ways & Parks Park reserved — Receipt # Alcohol permit purchased — Receipt # Risk Management: Legal Department Mayor's Office Traffic Engineer Info Licensing Info Communications: Info Other Approval or Information Copy: Special Events Copy of event application sent to: ❑ Utah State Tax Commission FAX 801-297-6358 ❑ Weber County Health Department FAX 801-399-8306 ❑ UDOT FAX 801-620-1665 ❑ UTA FAX 801-626-1218 Revised 03/18/10 Page 21 of 119 4-1 OGDEN CITY CORPORATION SPECIAL EVENTS 2036 Lincoln Ave, Suite 105 Ogden, Utah 84401 Additional Information: Email: specialevents@ogdencity.com Phone:801-629-8547 FAX: 801-392-0604 Page 22 of 119 OGDEN CITY CORPORATION SPECIAL EVENTS 2036 Lincoln Ave, Suite 105 Ogden, Utah 84401 Attachment A Email: specialevents@ogdencity.com Phone: 801-629-8547 FAX: 801-392-0604 Special Event Application Special Event Insurance Requirements All events open to the public require a certificate of insurance for a minimum of $2,000,000 commercial general liability coverage with $1,000,000 for each occurrence. This is a standard request and most insurance companies supply the certificate at little or no charge. If you cannot obtain a certificate, Special Event Insurance may be purchased directly from Fred A. Moreton & Company 801-715-7031. Fees range from $145 to $1500 per event. If you are serving alcohol, a certificate of insurance for liquor liability insurance certificate must also be provided In accordance with the rules and regulations of the city's Risk Management Department, Ogden City requests the additional insured language to read as follows: 1. "Ogden City, its elected and appointed officials, employees, volunteers and agents are named as Additional Insureds for the (event) scheduled for (date) ." 2. "20 days written notice shall be given to certificate holders for any changes to policy." (Please cross out "shall endeavor" and other language that contradicts this requirement.) 3. List the addresses below as Certificate Holders and you may fax and/or email the certificates. However, signed originals should also be mailed to: Howard Moss Ogden City Risk Management 2549 Washington Boulevard, Suite 820 Ogden, UT 84401-3111 FAX No.: 801-629-8927 Email: howardmoss &4.ozden.ut.us Carolyn Brierley Ogden City Special Events 2036 Lincoln Ave. Suite 105 Ogden, UT 84401-6516 Fax No.: 801-392-0604 Email: carolynbAci.oeden.ut.us If alcoholic beverages are to be sold, liquor liability insurance must also be provided with the same coverage as listed above. It may be included on the same certificate or be provided separately. Unfortunately, insurance information received inaccurately or not in a timely manner is cause for not issuing a permit to hold an event in Ogden City, or for revoking a previously -issued permit to hold an event in Ogden City. If you have questions, please call Ogden City Risk Management at 801-629-8750 or Ogden City Special Events at 801-629-8547. Page 23 of 119 5 Special Events 435.615.5150 specialevents@parkcity.org ADVERTISING Please ensure that your Master Festival / Special Event Application has been approved by the City before you promote, market, or advertise your event. Conditional approval may be made after the event organizer submits the application and it is initially screened by City staff. Acceptance of your Master Festival / Special Event Application by the City is neither a guarantee of the date or location nor an automatic approval of your event. The event organizer must complete the application requirements entirely and/or Park City Council must approve your event before the City will issue a Special Event Permit or Master Festival License. ALCOHOL If your nonprofit community organization is planning to sell or serve beer at an event, you must obtain a Special Event Temporary Beer Permit. This license authorizes the temporary sale or serving of beer for consumption on the premises indicated on the license. Sale or consumption off the premises is strictly prohibited. A separate fee is charged for each license. Commercial enterprises and caterers are subject to different permit requirements and should contact the Utah Department of Alcoholic and Beverage Control (UDABC) at (801) 977-6800. The Park City Police Department and UDABC representatives will jointly review your event plans and alcohol management strategy once you have submitted your application. The hiring of officers from the Park City Police Department, a professional security company, or a combination of both may be required by the City in order to obtain a Special Event Temporary Beer Permit. Beer Garden If your event includes a beer garden: • The serving and seating area must be completely fenced, and all exits and entrances must be staffed during serving period • Everyone entering the enclosed area must be at least 21 years old; • Each entrance must be staffed by an individual (at least 21 years of age) who is responsible for checking identification • Servers of alcoholic beverages must be at least 21 years old • Servers may not drink alcoholic beverages while serving • All alcohol must be consumed within the beer garden Parks • Alcohol sales and consumption in City Parks are all only if specifically approved in a Master Festival License or Special Event Permit. Required Signage • As a seller of alcoholic beverages you are required to display the following warning sign at point(s) of sale and service. Signs can be obtained from your local distributor. WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages may increase Cancer Risk, and During Pregnancy, can cause Birth Defects Page 24 of 119 5 "FULL -SERVICE RESTAURANT LIQUOR LICENSE" LOCAL CONSENT Date: Attn: DABC Licensing & Compliance Section ,0( n*-1,y o -P in o a/Q [ City [ ] Town [ ] County hereby grants its consent to the issuance of a full -service restaurant liquor license to: Business Name: S4 he Su S %r Applicant / Business Owner: /4 (e)c g (✓t% o e ✓Sk j F v‘i Location Address: q o E -e `r tp- 5 1,1 Q„ bt Pursuant to the provisions of Utah Code 32B-5-201 and 32B-6-201 through 205.1, 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 32B-1-202, 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: Depaitment of Alcoholic beverage Control PO Box 30408 Salt Lake City, UT 84130-0408 Effective 7.1.11 v.7.18 Page 7 of 25 Page 25 of 119 DATE PAID: AMOUNT PAID: RECEIPT NO.: !D o° CITY OF MOAB PERFORMANCE PERMIT APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $10.00 LICENSE #: ZONE: PERFORMER'S INFORMATION (PROVIDE INFORMATION ON ALL PERFORMERS) �/ '0 LJ �'( L✓A� Mc 5T/FFS PL -z4 AME OF PERFORMER: PERFORMERS ADDRESS: CITY: PHONE: STATE: ZIP: 9730 CbJVCC-kr — LcAIT-6R sT: 7 f o 10 AV1 NAME OF PERFORMER: SQiJ A -,Pe s To.cl�fiEJ7 PERFORMERS ADDRESS: CITY: PHONE: STATE: ZIP: fo/g AgT 1,/41_4 —M6-5-0 5 Pi-424 0g A MSC PLAZA NAME OF PERFORMER: .Z' pia 4✓ AgNt)A1 /6/7'/z ih'7 PERFORMERS ADDRESS: CITY: PHONE: STATE: ZIP: lya ,kr wAL �' - caUrE2 sr s44q.e-E N ME OF PERF RMER: DAB& 5TEK/} d F/2!G-ND.S PERFORMERS ADDRESS: Rdeil_T pTrD CITY: STATE: PHONE: ZIP: NAME OF PERSON RESPONSIBLE FOR COMPLIANCE WITH CITY CODE FOit STREET PERFORMERS /tr--11=1414ecEiLi6UP: `-10 6- G1 I % dI a - ? S `� � Q r Y tl r PERFORMANCE DETAILS Jon( r0 ✓45 Jy PHONE: o? S el 0 2.3 y DETAILED DESCRIPTION OF PERFORMANCE: T -r 14./A-2._ /( .5 `— KAM /lo /0I) — ca'aoc� q na/.S. ,Qr iti r i / q C ! h g ct/ P R S +) /i 4 cJ a y 3pm -to 6/511) sD/e2q-accoJ,571ic ae-71._S / c.5771ctycs' a 7/ a // Ve K r1 e S u/ , l/ /n �i envi PROPS USED, IF ANY: TYPE OF MUSIC AND INSTRUMENTS USED, IF ANY: TYPE OF STRUCTURE(S) USED, IF ANY: ADVERTISING METHODS USED, IF ANY: ! YJ °L rh t_Ili /IJ [9 SAS / �/ Ci 5 1e r S DATE(S) OF PERFORMANCE(S): q/ 0 q/30 I /2// p , )'// 2-,S e �' 4 .41 C�� t O P!" \ --j A/Y� �Ji¢L k S? Duration of performance(s): �/q �^ TIME(S) OF PERFORMANCE(S):,3 P /11 t� LOCATION OF PERFORMANCE(S): 6 cS e G /J o f �`} PROPERTY OWNER(S) NAME IF WITHIN 10 FEET OF OR ON PRIVATE PROPERTY: 44G 5,4 ><.n `s - L- di a0� e S Ah92 . GG—�11T •2 Sr. — RA- CP 6L y I, THE PROPERTY OWNER(S), AUTHORIZE THE ABOVE PERFORMER(S) AND PERFORMANCE(S) ON OR NEAR MY PROPERTY FOR THE TERM OF THIS PERMIT: S L) ��, #kc/4.)ir '°NATURE • OWNER( /r)refr oos/y kot SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 26 of 119 5-a Grand County Council 125 E. Center Moab, UT. 84532 September 7, 2011 Dear Council Members, The Native American Club of the Grand County High School and Middle School would like to request to reserve and make use of the Swanny Park on October 22, 2011 from 12pm-7pm for an outdoor concert. The concert would consist of three bands playing rock music under the pavilion. The music would be amplified as it is at most concerts, however the event would be between the hours of 2pm and 6pm during the day, with an earlier time for set up and clean up. The Native American Club is a non-profit organization, and is a Title VII Program with the school district. The students for the past two years have come a long way, not just with attendance and grades, but with confidents and self esteem. Through the club we do projects to give back to the Native Community and bring multi -cultural awareness to our community. We are working every year on new programs to further awareness, through this concert we hope to achieve just that. We will be inviting other Clubs throughout the high school to participate and set up a booth. The Native American Club students would like to sell Fry bread, and t-shirts. They also would set up a booth for the Tobacco Prevention and Awareness Program. We estimate throughout the day anywhere from 120 people to 160 people to do a walk through and maybe sit and listen to music and meet the bands. We will look forward to hearing from you. Thank you, Cora Shonie Grand County School District Native American Club Coordinator/Title VII Director shoniec@grandschools.org (435) 260-9394 6-3 Page 27 of 119 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): TRANSIENT ($80): OR CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $80.00 LOCATION OF EVENT: NAME OF EVENT: A Sj/V QfiK /. `jwie\- - l "I -eat- 2 attivi 6 • O;�jY� LO � ! DESCRIPTION OF EVENT: 2pj�� O ` rk vi,'TV\ Amp �d I V�/ts\0, Il Wo�� �Am I f71% 7V-__ ��YYYY PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED ## OF EVENT PARTICIPANTS: 00- blo - 22tvd . 2 p -1e p w -h ',,e.i- u.,p -1-i (AO- 17?-i 30 f 30 NUMBER OF VENDORS PARTICIPATING:� `A 4 Q ,TTYY�PES OF VENDORS PARTICIPATING IN EVENT: /� AVTA ACk /0 ��h � l %�'S • � I�1\%� t t,00 I t , tt^ `A1 EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): ra\ �J� Vv�N 0PAAA_ x0k,il\- (\,,, r L\ANQA 1- OAA o. EVENT SPONSORS NAME: NtMACk k-k\- (�1(\ C:k-6 w U \. ttiLM PHONE: " I - S.1 3 SPONSOR'SADDRESS: 1,00$ S • 400 •v CITY: 1,_A_003 STATE: . ZIP: 'Stt---k� � SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP O PARTNERSHIP O CORPORATION 0,OTHER (SPECIFY): EVENT SPONSORS SALES TAX ID ##: NAME REGISTERED WITH THE STATE FOR TAX ID: DATE OF BIRTH: l l ,C( 0_53 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. INVE C " ' Lt____ HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME S 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. I/VVE 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. 'tASd�u YL Signature of Sponsor Date State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this / day of CARMELLA GALLEY Notary Public State of Utah Comm. No. 576525 My Comm. Wins Sap 22, 2012 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 28 of 119 �j { SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: DATE(S) OF EVENT: DA- . 2-1AN BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD SSN AND/OR SALES TAX ID OR TAX EXEMPT NO. 1\30*i ve Riv.ri aNn C /0-A0 Lb'cu OA - -/Losni� (ca-o-rrs-1 ✓lct--1-DY-) ii00 ( S . 2400 E Low , UT %\-ts3a (�i35) a-C.-Q—`T3e1 L{ Wcu.k.11,S o "CcLc © S Nai v-e_ a...AAA_P-A -i ea..,,. 0A0,b `1-- Sinn r-�, Ta.�ricco ,AD Zo off. a-v ."Y \ ev c-o \ ��t's c UaGQ t-e©(ae S - (-too G-- rnd a-b, UT . 1s 1 v�-�rrr vvvc-; cam. �o c�4�� eaggaMettzthittlekr- T / t 1 _ ) n _ C ��F�.Q ¢�Y !CL(GC �� _ /6� _ _ _p 0-xn•LAL t-1 Oi l lY©� 4?" S. . Lux) eJ -?5-1 - `-e;?3 I � C - c� VCLY D J ec�X r�`R-PirrilY PcAS-ci -0-c) cA Sake._ ca' Co o 5 . Lio o E 2-s / - -43 3 J Page 29 of 119 09/08/03 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: tiA/l MOAB CITY CODE: 11,09 9l70 SIGN PERMIT: F-.%k) .PO% MOVED -ON NECESSARY: ❑ YES 17ifNO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES NO REVIEWED BY R' r\ ZONING )1I�/ ,1 /ADMINISTRATOR: I NATURE DATE: 1 I NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: JoBox CITY: cl PHONE: ( r�' �� 3J Q — i STATE: UT ZIP: -��� BUSINESS NAME: N �L AC;\ C\tAtAA Y 1 C (, JV � �,v - ._ . ,,�....� 1/_ �.�Q �..�._�_I � V Q V C ' NM1 Gut BUSINESS LOCATION: C.:.D\N AIANVM C.1)%' , ZONE: V.9\ rq.A„ A/'.1 1ii} , ; DETAILED DESCRIPTION OF BUSINESS ACTIVITY: 'V Ct:-V-i ( .tiLArk_ y 4t-i 0 (,'LAA \AN__ ` Sin'1 r"-A Gr eV --A- Fills &_ r err' l li�04 l k.) `&t..._ J a.n-et1 N ) 06/16/05 Page 30 of 119 Grand County Council 125 E. Center St. Moab, UT. 84532 City of Moab 217 E. Center St. Moab, UT. 84532 September 9' 2011 The Native American Club has been fundraising for special events in hopes of bringing Multi -Culture Awareness to our community. The students work hard and do hope that every time they plan an event, the community and city would support them in this mission, they are students who have been through adversity and strive to promote diversity. The Grand County High School Native American Club does request a fee waiver for the Special Business Event License Application. Thank you. Cora Shonie Grand County School District Native American Club Coordinator Title VII Director Page 31 of 119 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-51 21 FAX NUMBER (435) 259-4135 To: Honorable Mayor and City Council From: Donna Metzler, City Manager‘V" Date: September 9, 2011 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN KIRSTIN PETERSON GREGG W. STUCK] Subject: Chile Pepper Bike Shop Dirt Jump Competition Special Event License and Request to Use Anonymous Park for the Event **************************************************************************************************** City staff have reviewed the Special Event License Application and Request for Use of Anonymous Park for the Moab Ho -Down MTB Festival Dirt Jump Competition. We have reviewed with the applicant the proposed site improvements, parking, liability, participant waivers, rest rooms, post -event clean-up etc. City staff recommend approval of the application and request for use of city property, subject to the following conditions: 1. Applicant will coordinate with city staff in ensuring that parking arrangements are adequate and that pedestrian access from the parking area is handled in a safe and efficient manner. 2. Applicant will coordinate with city staff in ensuring that restroom facilities are adequate. 3. Applicant will coordinate with city staff in ensuring that adequate waste and recycling services are provided. 4. Applicant will provide a certificate of liability insurance naming the City of Moab as an additional insured, and covering all aspects of the event. This certificate shall be submitted to and approved by the City Manager at least one week prior to the event. 5. Applicant will provide to the City Manager for approval the participant event liability waiver. 6. Applicant will coordinate with the City Public Works Department on the construction, location, monitoring and removal of any structures and/or dirt on the property in question. The following specific issues will be addressed: ADM-MEM-11-09-001 Page 32 of 119 " A n e n c r o a c h m e n t / e x c a v a t i o n p e r m i t s h a l l b e o b t a i n e d p r i o r t o t h e s t a r t o f e v e n t p r e p a r a t i o n s . " P r o p o s e d t a k e - o f f r a m p s t h a t a r e t o m a d e o f w o o d s h a l l b e d e e m e d s t r u c t u r a l l y s o u n d b y t h e P u b l i c W o r k s D i r e c t o r a n d s h a l l b e r e m o v e d f r o m t h e p a r k a t t h e e n d o f t h e e v e n t . R a m p s s h a l l b e b l o c k e d o f f a n d o t h e r w i s e r e n d e r e d u n u s a b l e e x c e p t f o r i n p r e p a r a t i o n f o r a n d d u r i n g t h e e v e n t . " D i r t f o r t h e e v e n t m a y b e s t o c k p i l e d a t t h e n o r t h e n d o f t h e p a r k i n g l o t , a n d m u s t b e r e s t r i c t e d t o m o r e t h a n 2 5 % o f t h e p a r k i n g l o t s u r f a c e . " A r e p r e s e n t a t i v e f r o m C h i l e P e p p e r B i k e S h o p m u s t b e o n - s i t e a n d a v a i l a b l e t o m o n i t o r a n d c o n t r o l u s e o f t h e r a m p s w h e n e v e r t h e r a m p s a r e s e t u p a n d f u n c t i o n a l . " A l l s t r u c t u r e s s h a l l b e r e m o v e d f r o m t h e p r e m i s e s a f t e r t h e e v e n t a t t h e e v e n t p r o m o t e r ' s e x p e n s e . " T h e e v e n t p r o m o t e r s h a l l e n s u r e t h a t t h e a r e a i s f r e e o f t r a s h , d e b r i s a n d a t t r a c t i v e n u i s a n c e s u p o n c o m p l e t i o n o f t h e e v e n t . T h a n k y o u f o r y o u r c o n s i d e r a t i o n . A D M - M E M - 1 1 - 0 9 - 0 0 1 P a g e 3 3 o f 1 1 9 August 22, 2011 Attn: Donna Metzler City of Moab RE: 6th Annual Moab Ho -Down Festival Dirt Jump Exhibition Chile Pepper Bike Shop would like to request permission from the City of Moab to do dirt work at the dirt jumps on 500 West. The dirt jumps are in desperate need of repair and we would like to hold our 6th annual dirt jump exhibition at Anonymous Park. It is our intention to use a bobcat and have more dirt hauled to the site in order to shape the jumps as well as remove brush and weeds. We will be using a couple of wooden ramps for take off lips for the jumps so that after the competition is completed we can remove them. The dirt that will remain will not be rideable after the ramps have been removed, so a continuing liability for the City will not be an issue. The dirt hauled there will remain in place in order for it to be used in the future for reshaping of the current jumps. It is our hope, offering volunteer help and time, to later this fall, do the work needed on the existing jumps with the dirt we will have hauled to the site for our event. The exhibition will take place on Sunday, October 30th, from l lam to 4pm. The actual competition will begin at 1pm and will be completed by 4pm. This time frame will allow the individuals who will be participating ample time to practice the jumps before the exhibition begins. There will also be spectators watching the exhibition. We expect 5-15 riders and possibly 50-100 spectators at the event. We will have signs directing parking as well as someone directing people to park at the Grand Center. This is a free event for competitors as well as spectators to attend. Attached is a copy of the waiver we will have the participants sign. We will also forward a copy of our certificate of liability coverage listing the City of Moab. Jim Markle's office will be providing a copy of this certificate Please contact Tracy with Chile Pepper Bike Shop with questions at 435-259-4688. Regards, Owner Chile Pepper Bike Shop Page 34 of 119 5-� In consideration of being allowed by CHILE PEPPER BIKE SHOP, INC.; the organizer of said dirt jump contest and the City of Moab, land owner, where said dirt jump is being held; to participate in the dirt jump contest scheduled for October 30t', 2011, I do hereby rele agree to hold har s, indemnif and d .I I ' ' _ . P, INC., The City of Moab an ners, the directors, officers, shareholders, agents, servants, and employees who a olved, whether they merely own the land or are directly involved in operations of said dirt jump, etc. and its insurance carrier, and the directors, officers, shareholders, any and all agents, servants and employees of such insurance carrier from any and all claims, actions or damages without any limitations whatsoever, whether consisting of personal injury, property damage, or death, that does or may result in any way from my participation in this competitive sporting event, whether such injuries of any kind or nature or such death is caused by their negligence or not, assuming myself any and all responsibility and liability for same. I further agree to indemnify, defend and hold harmless all of those above named from any damages or costs or expense whatsoever which they or any of them may sustain as a result of any claim brought by anyone against any of them as a result of my preparation for and/or my participation in this competitive sporting event of dirt jumping. I specifically agree that before the competition takes place I will, if I so desire, inspect all areas involved in the competition, fully realizing, accepting, and understanding that a competitive dirt jumping competition in general and of this type of activity in particular is inherently risky and dangerous, as are preparations, practice, or training for such event. I, as a competitor, completely understand that this paragraph constitutes a covenant and a promise on my part to fully discharge all of the above -named parties from any and all liability of any kind for any injuries, loss, damage, or death, which may result from my participation in the competitive sporting event of dirt jumping. I further understand and agree that mountain biking and dirt jumping in its various forms, and related activities are inherently dangerous and contain risks that cannot be eliminated, therefore, I agree to voluntarily and expressly assume all the risks involved and agree not to sue CHILE PEPPER BIKE SHOP, INC., The City of Moab, its owners, agents or employees, regardless of any negligence on the part of the same. This release is binding, and I so understand, not only upon myself, but upon my heirs, administrators, executors, and assigns, and I herewith again reaffirm my free and willing intent to execute it, acknowledging a complete understanding of its terms and conditions and the totality of its effect, and the totalness of the waiver of any rights that I would otherwise have had, had this agreement not been executed. As a parent, or guardian, I hereby agree to release and hold harmless CHILE PEPPER BIKE SHOP, INC., The City of Moab, or any employees there of, from any claim I may have for medical or other bills in any way related to any loss (including attorneys' fees), as a result of this event. I further agree to indemnify and defend Chile Pepper Bike Shop, Inc., City of Moab from any claim that may be brought by my minor child. I further agree that the signature of one (1) parent, or guardian, binds both parents, or guardians, for any claim they may have. I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT. Print Name: Participant Signature: (Participant's Signature If participant is under age 18, parent/guardian must sign) Parent Signature: Participant Address: Participant Date of Birth: Participant Phone Number: Date: Signature of Witness: Page 35 of 119 '1VNOI1DNf11 aNV df113S 321V A3H1213A3N3HM SdWV2110 3sn 1081NO3 ONV 21011NOIN 01319V11VAV aNV 311S NO 39 ism W dOHS 3818 SH3dd3d I11H310 3AI1V1N3S321d321 V -S '1N3A3 3H1 ONRlfla aNV `10 NOIV121Vd321d NI NVH1113H10 319V3Sf1Nf1 a321301439 3SIM213H10 aNV MO am019 39 01321V SdINV2I -b lavians 1019NIX2IVd 3H1 01 %SZ VH13110IN ON Ol a3.131211S3H 381sm 31Id 3H1 aNV `l019NIX2IVd 3H110 ON3 H1HON 3H11V a311dXJos 38 AWN 1N3A3 3H1 UO111110 -£ '1N3A3 3H110 aN3 3H11V N9Vd 3H1 IN0211 a3A01N3213911IM 0NV aNnos A11V21f11af1211S 39 0132IV a00M 10 30VIN 39 Ol a3S0d02Id 32IV 1VH1 SdINV2I 110 3XV1 -Z SNOIIV2IVd38d 1N3A310121V1S 01210111d 03NIV180 391S(1W 11IN3d NOIIVAVJX3/1N3IN3H7V0213N3 -T 11\13n3 N011113dIN03 313A318 V 210i )121Vd XW8 3H1 dO 3Sf1210d S1N3W3H1111)321 Page 37 of 119 DATE PAID: AMOUNT PAID: RECEIPT NO.: 5'1 5 CM( OF MOAB - SPECIAL 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: $80.00 LICENSE #: ZONE: Ka.. NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: ODD —Dew n D. n')G rnT�3 Gt,,-f; v 13)-; - Pro tfl'A�� esryrfi° TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: i1J5?�i �Yl >7_f.mp > 1D/�/ li — I i (2,6)-rp f 1- rti`✓ ,511) i 00 off f� �n 1_9 EVENT SPONSOR'S NAME: SPONSOR'S ADDRESS: (7h,le prre47_ 170,9- ITU SA-- CITY: SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: _ nu G1. STATE: PHONE: 2.51 —1/4-/-cc e S ZIP: (S,"--t-_5 3 Z DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT I: UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OF THE ISSUANCE OF A LICENSE WILL BE DELAYED. INVE � �^ - HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MORE PLEAPRIM' NAME(S) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE I/NF,ORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MEN ITIONEC LOCATIQfV AND SPONSO nLo(;)3nsor t ate State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this �Jr1 1 day of Al c J' [1, NOTARY PUBLIC ii — LlE GUERRERp I Notary Public t. sat. Utah..1.. Comm. No. 57589! my cowl, bons Sp 7, 2012 --,.ao,—�-- SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 38 of 119 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 GeN-ra2- 01, AM T2QUIP6r7 El YES No C:1 YES No REVIEWED BY ZONING 41001.414/01 ADMINISTRATOR: SIGNATURE DATE: CP 'M '1 _ git-filcz1 _ NAME OF APPLICANT: ( Q arek/2.- APPLICANT'S MAILING ADDRESS: 702- S • KYVoLi- CITY: PHONE: Ci i/to Dl. J STATE: co& F R- L{631 , , , , r) BUSINESS NAME: 04\4 (0 '--- P.. rrO-ii.- ' ke i (110 .. - , — _ , .. , , BUSINESS LOCATION: t7 pg 3 - 111,a; in ()I -cab 0--r 3---(< 3 z_ ZONE: 1P91 _i , 611 5a0 C-Elly ic_-- DETAILED DESCRIPTION OF BUSINESS ACTIVITY: 4 /1 /1-f Li..11),.) _ f i . , j (1 .., t/U PA- n() (01:3,0/11 6) (xi-v.\ - i I _e_ elr.e_ r_71-- rill, 0,61-) 7 ) r;-1-;--i-Diso a-r\ - --I-74-D f?% ,. 06/16/05 Page 39 of 119 City of Moab Planning and Zoning Department Inter -office Correspondence PL-II-208 August 17, 2011 Memo To: Honorable Mayor and Members of Council From: Planning Staff Subject: Public Hearing for a Conditional Use Permit to Allow the Su Casa Inn Bed and Breakfast to be Located in the R-3 Zone at 310 E 100 N as Submitted by Sue and Dan Dalton and Referred to Council by the Planning Commission BACKGROUND The applicant is proposing to use a portion of a recently remodeled structure as a single bedroom B&B suite. The 654.75 square foot area is located upstairs in a structure that has a footprint of 1,075 square feet. A large parking area is accessed by a drive from Third East Street and a courtyard with a barbeque is available on the ground level. The loft contains a small kitchen, laundry room, living room, dining room, bathroom and a bedroom. A bed and breakfast is a conditional use in the R-3 Zone as noted in Chapters 17.09.530- 17.09.531. Bed and breakfasts and rooming and boarding houses are defined as a residence containing not more than two kitchens where, for compensation, overnight accommodations and meals are provided, and where retail sales to bed and breakfast patrons are made. Chapter 17.09.530 contains the general conditions for approval of all conditional uses and 17.09.531 lists the requirements specifically for Bed and breakfast facilities. In all cases, the applicant must show evidence of compliance with the outlined standards and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. The Planning Commission reviewed this application on July 14, 2011 and voted to refer the application to Council with a favorable recommendation and cited a single condition: The bed and breakfast shall be reviewed each year for code compliance. This condition is required by the code at the present time and is found in Chapter 17.09.531(9)A(3). At the call for a public hearing on July 2011, Council asked some questions about the structures and the operation of the bed and breakfast. Staff revisited the site and assessed the relationship of the structures to each other and their location on the property. The structure that will contain the B&B suite is 15 feet from the principal structure and attached by a breezeway. The building inspector's office inspected each phase of construction to ensure that the fire separations between the garage and livable space were done properly. The Dalton's were issued a Certificate of Occupancy for the building. The suite contains a small kitchenette area where lodgers can prepare a meal. The Health Department made the second kitchen a condition of approval for the construction of the suite. Page 40 of 119 City Council Conditional Use Permit Su Casa Inn B&B August 17, 2011 PL-11-208- Page 2 The hosts also provide a patio area and small courtyard where lodgers may BBQ and enjoy the outdoors while dining. DISCUSSION The following code sections establish the review criteria for conditional uses. 17.09.531 (9) Bed and Breakfast, Rooming or Boarding House. A. All such uses shall comply with the following preconditions: 1. Bed and breakfast facilities, rooming and/or boarding houses may be allowed as a conditional use permit where applicant can show evidence of compliance with outlined standards and procedures and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to the issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. 5. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the Page 41 of 119 City Council Conditional Use Permit Su Casa Inn B&B August 17, 2011 PL-11-208- Page 3 immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. 2. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty -day stay, and meals shall be served to guests only (bed and breakfast: Zoning R2, R3, R4). 3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 4. No bed and breakfast facility shall rent for compensation more than seven rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 5. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 6. Signs are limited to one nonflashing sign not larger in area then two hundred twenty-six square inches. If lighted, the light shall be defused or shielded. 7. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020. 8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 9. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the residential character of residential zones may be required by the planning commission. C. Appeals. Approval or disapproval of a bed and breakfast application by the planning commission can be appealed to the appeal authority within ten days of planning commission action. General Conditional Use Requirements Chapter 17.09.530(h) contains the general evaluation criteria for conditional use permits. Both the Planning Commission and Council are required to use the following criteria (as that cited above) in reviewing conditional use permit requests. It is understood that certain listed criteria may not apply to a particular application, however, failure to meet one or more of the applicable criteria may be cause for denial. The applicant shall adequately demonstrate that the criteria have been met: Page 42 of 119 City Council Conditional Use Permit Su Casa Inn B&B August 17, 2011 PL-11-208- Page 4 (1) The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. Adjacent properties are developed with residential uses and the use of this structure will not detract from the residential character of the area. The characteristics of the subject structure are such that it appears as if the building is a large garage located on a separate lot. However, it still remains accessory to the principal dwelling. (2) The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. The property is already developed and these items are inherently addressed. (3) The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. The proposed use does not present a danger to public health, safety and welfare. In fact, the renovation of this structure is an improvement on the neighborhood. (4) Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. Adequate public services are already present on the property and will not be diminished to adjacent uses in the area. (5) Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. The well -kept state of the building speaks for the diligence with which the property is being maintained. (6) The proposed conditional use shall conform to all regulations of this Code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. The use satisfies all of the requirements of the code. (7) The use is consistent with the City of Moab General Plan as amended. The addition of this single bed and breakfast suite satisfies the goal of Section 1, Economic Page 43 of 119 (9 City Council Conditional Use Permit Su Casa Inn B&B August 17, 2011 PL-1 1 -208- Page 5 Development, by providing supplemental income and will improve the standard of living and improved quality of life for the property owner. (8) The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the The existing conditions have not and will not impact the neighborhood in the use of the property or structure. The existing parking, structure size, and landscaping will continue with the B&B. The single sleeping loft area will generate less traffic in the neighborhood than a single family residence constructed on the same property. No other readily identifiable concerns were flagged by the review of the application and the use will be minimal impact because of the single sleeping area. 9) After considering the public comment relating the criteria listed above in relation to the requested Conditional Use Permit, the Planning Commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for a Conditional Use Permit. Approval or denial of the application by the City Council shall be memorialized in the minutes of the meeting. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. The Planning Commission and the City Council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a Conditional Use Permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. The proposed use satisfies all of the code requirements. Inspections have been completed by the building inspector and additional inspections will be made by the Fire Chief and Health Inspector in accordance with our business license requirements. ALTERNATIVES 1) Council can approve the conditional use permit application as received; 2) Council can approve the conditional use permit and amend Resolution #11-2011 with specific conditions to meet the standards listed above; 3) The Commission can table the hearing until a later date and request additional information. p:\planning department \2011\correspondence \pI-II-208 Balton cupb&b.docz Page 44 of 119 ... �,`.aP §"w� _+� Page 46 of 119 Page 47 City of Moab Planning and Zoning Department Inter -office Correspondence PL-11-197 July 20, 2011 Memo To: Honorable Mayor and Members of Council From: Planning Staff Subject: Call for a Public Hearing to Review a Conditional Use Permit Application to Allow the SuCasa Inn Bed and Breakfast to be Located in the R-3 Zone at 310 E 100 N as Submitted by Sue and Dan Dalton Referred to Council by the Planning Commission BACKGROUND The applicant is proposing to use a portion of a recently remodeled structure as a single bedroom B&B suite. The 654.75 square foot area is located upstairs in a structure that has a footprint of 1,075 square feet. A large parking area is accessed by a drive from Third East Street and a courtyard with a barbeque is available on the ground level. The loft contains a small kitchen, laundry room, living room, dining room, bathroom and a bedroom. A bed and breakfast is a conditional use in the R-3 Zone as noted in Chapters 17.09.530- 17.09.531. Bed and breakfasts and rooming and boarding houses are defined as a residence containing not more than two kitchens where, for compensation, overnight accommodations and meals are provided, and where retail sales to bed and breakfast patrons are made. Chapter 17.09.530 contains the general conditions for approval of all conditional uses and 17.09.531 lists the requirements specifically for Bed and breakfast facilities. In all cases, the applicant must show evidence of compliance with the outlined standards and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. The Planning Commission reviewed this application on July 14, 2011 and voted to refer the application to Council with a favorable recommendation. DISCUSSION The following code sections establish the review criteria for conditional uses. 17.09.531 (9) Bed and Breakfast, Rooming or Boarding House. A. All such uses shall comply with the following preconditions: 1. Bed and breakfast facilities, rooming and/or boarding houses may be allowed as a conditional use permit where applicant can show evidence of compliance with outlined standards and procedures and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and Page 48 of 119 City Council Conditional Use Permit SuCasa Inn B&B July 13, 2011 PL-11-197 Page 2 health department shall be required prior to the issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. 5. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. 2. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty -day stay, and meals shall be served to guests only (bed and breakfast: Zoning R2, R3, R4). 3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 4. No bed and breakfast facility shall rent for compensation more than seven rooms, Page 49 of 119 �-a City Council Conditional Use Permit SuCasa Inn B&B July 13, 2011 PL-11-197 Page 3 except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 5. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 6. Signs are limited to one nonflashing sign not larger in area then two hundred twenty-six square inches. If lighted, the light shall be defused or shielded. 7. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020. 8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 9. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the residential character of residential zones may be required by the planning commission. C. Appeals. Approval or disapproval of a bed and breakfast application by the planning commission can be appealed to the appeal authority within ten days of planning commission action. General Conditional Use Requirements Chapter 17.09.530(h) contains the general evaluation criteria for conditional use permits. Both the Planning Commission and Council are required to use the following criteria (as that cited above) in reviewing conditional use permit requests. It is understood that certain listed criteria may not apply to a particular application, however, failure to meet one or more of the applicable criteria may be cause for denial. The applicant shall adequately demonstrate that the criteria have been met: (1) The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. Adjacent properties are developed with residential uses and the use of this structure will not detract from the residential character of the area. The characteristics of the smaller structure are such that it appears as if the building is located on a separate lot, is accessory to the principal dwelling, and will appear to be a single family residence. Page 50 of 119 City Council Conditional Use Permit SuCasa Inn B&B July 13, 2011 PL-11-197 Page 4 (2) The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. The property is already developed and these items are inherently addressed. (3) The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. The proposed use does not present a danger to public health, safety and welfare. (4) Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. Adequate public services are already present on the property and will not be diminished to adjacent uses in the area. (5) Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. The well -kept state of the building speaks for the diligence with which the property is being maintained. (6) The proposed conditional use shall conform to all regulations of this Code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. The use satisfies all of the requirements of the code. (7) The use is consistent with the City of Moab General Plan as amended. This conversion to a bed and breakfast satisfies the goal of Section 1, Economic Development, by providing supplemental income and will improve the standard of living and quality of life for the property owner. (8) The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the The existing conditions have not and will not impact the neighborhood in the use of the property or structure. The existing parking, structure size, and landscaping will continue with the B&B. 9) After considering the public comment relating the criteria listed above in relation to the requested Conditional Use Permit, the Planning Commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for a Conditional Use Permit. Approval or denial of the application by the City Council shall be memorialized in the minutes of the meeting. A determination that the applicant Page 51 of 119 City Council Conditional Use Permit SuCasa Inn B&B July 13, 2011 PL-11-197 Page 5 has not met one or more of the applicable criteria shall be sufficient to deny the request. The Planning Commission and the City Council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a Conditional Use Permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. ALTERNATIVES 1) The Planning Commission can approve resolution 11-2011 and recommend that Council approve the conditional use permit application as received; 2) The Commission can recommend that Council approve the conditional use permit and amend Resolution 11-2011 with specific conditions citing the standards listed above; 3) The Commission can recommend that Council not approve the permit and state their reasons; 4) The Commission can table the hearing until a later date and request additional information. The single sleeping loft area will generate less traffic in the neighborhood than a single family residence constructed on the same property. No other readily identifiable concerns were flagged by the review of the application and the use will be minimal impact because of the single sleeping area. p:\planning department \2011\correspondence \pI-II-197 Balton 6S6 co.docx Page 52 of 119 O'Z917 d LI.ON Z000-0Z8-TO a o ,£E'461S3M 0'SL 1-117108 .£E'461S3M WOO-Oaf-10 aN3M1,1311H0❑ NHOf ,EE'461SV3 z O 7y 4000-0Z8-TO ATIV3100W 1 NUM ATIV3700i'1 IT 1331 .0781S V3 .IC9E1 ISV3 ,UIIL�711 IL7S ,0191 1S3M EZ7All'iZ IZ00-OZ8-10 82I3ANl *0 Vl7flf 30CIM If13 X3TV .0' I I [ ISda ,0'OS H L2ION ,0'05 ISV3 ,o t 9 H1710-S .0' I 111S3M oZ °ZOO-OZ8-JO Z3aNVNTI3H 3A13A3N30 Z3aNV1,11I3H 0I210D3110 .0'11 T ISV3 ,0'19 HI210N ,UUUI t-i.iaUN .0' 161SV3 61 6100-0M-10 331SMI1 `811VIlIS NI8011 ISMLL 11fIVNIS 1,1I301I A' 161SaM .0'181-1fIOS 0'OZ IS3M .0'001 HflOS .0'05 LS3M 1'6.1 81 8100-0Z8-10 Tlf NITNNV1i3 XONN S3INVf ,0'18T H.L2ION ,0'OL ISV3 .0'OL 1S3M O Z'41 78 171 N EZ00-OZ8-10 o .0'581SV3 M N017Va 3f1S 0 051SaATIW ,ae es a.aais.SeH�<;, NOI'Ida 'H 7aINVa ,0'6L ISV3 0 0 0 .0'991SV3 ,0'561-= .0'05ISV3 .5'Z81SVa .0'99 .LS3M HSR11 T131S13WS31 NOSAf X31SI31VSTI 6 5000-0Z8-10 .0'99 ISV3 .0-56 H.L2ION x 0 L L000-0Z8-10 A3?I .1.321 V DTI VNI axavor A37I 31Wa WdI771M .0'511 ISVa ,0'0S 111.DOS .0'51 l 133M 8 8000-0Z8-I0 An v1 aNNdor An IAIVI771M .0'5I1 ISV3 MUTH 50.0' z O 7d x 1171 '8 l' l i o 1100-0Z8-10 S21300Rlia xatsc1Y13SOf 311IVIN SNa'0aR18 SN3A31S 331 11,131K3Sd3 .I3 5 .S Z81SAM ,0'66 H.Lf10S ,0'66 H,LT10S ,5'84l IS3M l' I 1 IN3IN3SV3 M O TI IT 0I00-0Z8-10 1NVI`J9R11 WILL A3181NfR10 3I711Hd .5'841 ISVa ,0'66 H.L2ION LI L100-0Z8-I0 DISNI H138VZ113 TIONV373 0'001-111710S ,0.0L ISVa ,0'0S ISVa ,0'001 H.LIION .0'5E IS3M 51 5100-0Z8-I0 ,0'001 FISSIOS 0'T'T H.L2ION 1.81 .0'5£ ISVa O a x 0 0 O H ZZ00-OZ8-10 x 8 0 41 !MIL. A'IDAId3 110.1:'IWQ S NIA1311 111 N011tl4 S NIA131^I .07.91SVa i anin ,0'L6 H.L2tON ,0'98 1-111108 0 6L 1S3M El E100-0Z8-10 NO.L'IVa arts ATIVIN N017Va H 731NVa ,0'6L ISV3 ,0'98 111.210N In O A (7) N 0 iam.s isda ( iam Ls HIAld 0 N W 0 Z0Z .0'Z9tb M,L17a68 N ® L��2ILS H ) Lamas HDION LS2IId WAFTS `aIn `S9ZI `I NOILOaS NI i Zoe .0'66 66717165 O06'84E211 9# Ian's ISV3 QTI£ �8 Lamas HITION 1S1 6/9/2011 Letter of Application City of Moab Conditional Use Permit Application To Moab City Planning Commission and City Council; RECEIVE( Jule 1 4 2011 CITY OF MOAB This letter is to certify that I, Sue Dalton, will be living on the premises of the SuCasa Inn bed and breakfast. This little B&B facility is attached to my primary residence which is occupied by myself, my husband, and my daughter. We will be managing the B&B and will be available to take care of guests. Sincerely, Sue Dalton, Owner/Manager Sworn before Notary Public on: q , 61 r� Notary Signature LISA CENICEROS Notary Public State of Utah My Commission Expirei‘on: May 7, 2013 Comm. Number: 578837 Page 55 of 119 CITY OF MOAB CONDITIONAL USE PERMIT APPLICATION FORM MUST BE COMPLETED IN INK DATE STAMP TO BE FILLED BY APPLICANT �OTUT PROJECT NAME Of any): J`• Li.l._. a Sa.. j_ In y-N, FOR CITY USE ONLY PROJECT STREET ADDRESS { r OR ACCESS STREET: `�tU 100 NI i,,,_ RECEIVED JUN 1 4 2011 FOR CITY USE ONLY APPLICATION NUMBER: f 1- 01601 CITY OF DATE RECEIVED: �M� !1 MOAB APPLICATION FEE: $200.00 T TREASURER'S RECEIPT NUMBER: . All applications are subject to review by city staff for completeness. Staff will notify the applicant of deficiencies or completeness within fifteen days. I. PRE -APPLICATION CONFERENCE. Prior to the filing of a Conditional Use Permit application, the Applicant shall meet with the Planning Department to become acquainted with the requirements of the City. At such meeting, the application contents, referral agencies, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the Applicant may be represented by a land planner, engineer, architect or surveyor. II. TYPE OF CONDITIONAL USE ❑ Carport Side Setback ❑ Moved Building ❑ Secondary Dwelling ❑ Small Lot ❑ Public Utility Facilities zr'-Bed and Breakfast II. APPLICANT Please check one of the following: X Name: Sue ( (Jo 1--) Mailing Address: ❑ C-4 Dwellings ❑ Twin Home ❑ Wireless Telecommunications Facility ❑ Drive -up Window for Financial Institution in C1 ❑ Historic Home Expansion in C3 ❑ Factory Built Home Sales in C4 owner agent other 3 to E too t\.) Ntvcth t-{...f S-45 ?, 2 Phone #: q-35"2(90 U Fax #: III. GENERAL INFORMATION Property Address/Location Existing Zone R-3 E-mail Ce..) S L O E too k 3 (AAoc t6 t,c i g'-f55 ;2 Detailed Explanation of Proposed Use One root'-) )4 `6I-fz-✓t 6n Ev►tfts_ r w) , � r ,jatavd we Plan J a (fJ 6 A t 6,Q., Gi Y1 1 p /au- loge +O s-i-aq 0. t,,64 d rkfAI CITY OF MOAB PLANNING AND ZONING DEPARTMENT 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-51 29 FAX (435) 259-0600 PL-II-181 City of Moab CONDITIONAL USE PERMIT Applicant: Dan and Sue Dalton, SuCasa B&B 310 East 100 North, Moab, Utah, 84532 Agent(s): Same Legal Description/Properly Address: 310 East 100 North, Moab, Utah Description of Activities for Conditional Use Permit: Bed and breakfast with one sleeping loft CONDITIONS OF APPROVAL AS PER COUNCIL: None identified but applicant must follow code provisions of Chapters 17.09.530 and 17.09.531, Conditional Uses In order to initiate the approved use on my property, I hereby agree to the above terms and conditions as adopted by the Moab City Council at their meeting on July 26, 2011. Date: Applicant(s): CityApprovat Date: July 26, 2011 Dave Sakrison, Mayor Conditional Use Permit - Amended or Extension: Date of Planning Commission Meeting: July 14, 2011 City Approval by: Date: Dave Sakrison, Mayor Page 58 of 119 Conditional Use Permit Dalton BBB page 3 of 4 evidence of compliance with outlined standards and procedures and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to the issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. 5. Applicant must provide plot plans and building or floor plans one - quarter inch to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. 2. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty -day stay, and meals shall be served to guests only (bed and breakfast: Zoning R2, R3, R4). 3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). Page 59 of 119 CITY OF MOAB PLANNING RESOLUTION NO. 11-2011 A RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST LOCATED ON THE DALTON PROPERTY AT 310 E 100 N IN THE R-3 ZONE WHEREAS, Dan and Sue Dalton, 310 E 100 N, as the Owners of record ("Owners") of property located in the R-3 Zone at said location, has applied for a conditional use permit to establish a bed and breakfast at the described property; and, WHEREAS, the Owners have provided the City of Moab with the necessary documents, plans and, drawings to complete the application for said use as required under Land Use Code Chapters 17.09.530 and 17.09.531; and, WHEREAS, the proposed bed and breakfast is allowed in the R-3 Zone only if the Owner is granted a conditional use permit as provided in Chapter 17.09.530; and, WHEREAS, the Planning Commission reviewed the application in a duly advertised meeting held on July 14, 2011, to review said application regarding the bed and breakfast; and, WHEREAS, the Commission adopted Resolution No. 11-2011, at said hearing, approving the use of a bed and breakfast on the property; and, WHEREAS, the Commission determined that the proposal appears to be in compliance with the requirements of the applicable chapters of the Title 17.00, Moab Land Use Code for a conditional use permit; and WHEREAS, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the development, the Moab Planning Commission does hereby find, determine, and declare, that all applicable provisions of the Moab Municipal Code have or can be met; NOW, THEREFORE, be it resolved by the Moab Planning Commission of The City of Moab, Utah that the conditional use of a bed and breakfast on the above described property is favorably recommended to Council for approval with the following condition: 1. The bed and breakfast shall be reviewed each year for code compliance.. eanette Kopell Vice Chair p:\planning department \2011\pc resolutions\II-2011 Balton bEb cup.docx 7// // Date Page 60 of 119 CITY OF MOAB PUBLIC HEARING CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST LOCATED AT 310 EAST 100 NORTH IN THE R-3 ZONE The City of Moab will hold a Public Hearing on Tuesday, August 23, 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 a Conditional Use Permit Application for a Bed and Breakfast Located at 310 East 100 North in the R-3 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, August 11 and 18, 2011. R:\Notices\2011\ph cup bandb.docx Page 61 of 119 Resolution # 18-2011 A RESOLUTION ACCEPTING IMPROVEMENTS CONSTRUCTED IN ASSOCIATION WITH THE MEDICAL CLINIC PREVIOUSLY LOCATED AT 630 WEST 400 NORTH WHEREAS, the City of Moab (the "City") and the Grand County Hospital District ("Owner") entered into an Improvements Agreement dated December 8, 2004 (the "Agreement') covering the public and other required improvements associated with the Medical Clinic previously located at 630 West 400 North; and WHEREAS, some of the public improvements contemplated in the agreement were completed; and WHEREAS, the Medical Clinic is no longer in existence making the installation of any incomplete improvements unnecessary; and WHEREAS, the Grand County Hospital District is now known as the Canyonlands Health Care Special Service District; NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to accept and/or waive construction of the public and other improvements covered by the Agreement referenced herein and to return funds placed in escrow to cover the cost of said improvements to the Canyonlands Health Care District. Passed and adopted by action of the Governing Body of the City of Moab in open session this 9t day of September, 2011. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder Resolution #18-2011 Page 62 of 119 City of Moab Planning and Zoning Department Correspondence PL-II-21q August 31, 2011 Memo To: Donna Metzler, City Manager From: City Staff • Subject: Review of Request by the Canyonlands Health Care Special Service District to refund an Escrow Account Established in 2005 and Held by the City for Improvements on Property Located at 630 West 400 North Discussion The research shows that in 2005 the Grand County Hospital District submitted to the City an amount of $7,485.00 in accordance with an Improvements Agreement to cover the costs (plus fifty percent) of parking, a handicapped accessible crosswalk, and landscaping for a third mobile office building. The project was located at 630 West 400 North and the details of the required improvements are included in the November 17, 2004 letter from then Chief Operations Officer, Doug Garrett to City Planner Robert Hugie and the Improvements Agreement. Copies of both documents are attached for convenience. An inspection of the site was completed on August 31, 2011 to determine completeness of the required improvements. It was observed that the three mobile offices have been removed and the entire area is covered in a thick overgrowth of weeds and debris from the removed structures. However, it does appear that two of the three items were completed by the district. Those include the required parking and the landscaping. It is unclear if the HC crosswalk from the hospital to the mobile offices was clearly defined or constructed. At this time, the crosswalk is probably a point not worth arguing because the facilities are no longer being used since the new hospital is in full operation. The ending balance of the escrow account as of the latest statement of June 30, 2011, is $7,710.71. This money could be returned to the District as requested. p:\planning department \2011\correspondence \pI-II-214 chcssd refund escrowcity of moab.docx Page 63 of 119 CANYONLANDS HEALTH CARE SPECIAL SERVICE DISTRICT 245 WEST WILLIAMS WAY MOAB, UT 84532 PHONE/FAX (435) 259-4028 August 23, 2011 Moab City Manager Donna Metzler 217 East Center Street Moab, Ut 84532 Dear Ms. Metzler: As you are aware, the City of Moab holds funds in an escrow account for property owned by the Canyonlands Health Care Special Service District (CHCSSD) located at 630 West 400 North, Moab. At this time all of the trailers have been removed and the property has been returned to its original state. At this time CHCSSD respectfully requests the City of Moab to release the funds held in the escrow account back to the District. Sincerely, oey Allre CHC�ard Chair (435 59- 45 ja Page 64 of 119 a ZIONS BANK® P.O. Box 30709, Salt Lake City, UT 84130-0709 1582-06-0000-ZFN-P00030-00000 GRAND COUNTY HOSPITAL SERVICE DISTRICT CITY OF MOAB 245 WILLIAMS WAY MOAB UT 84532-2370 WE HAVEN'T FORGOTTEN WHO KEEPS US IN BUSINESS. SUMMARY OF ACCOUNT BALANCE Account Type Statement Savings Statement of Accounts Page 1 of 2 This Statement: June 30, 2011 Last Statement: March 31, 2011 Primary Account 5643027625 For 24-hour account information, please contact: 1-800-789-BANK (2265) Moab Office 330 South Main St Moab, UT 84532-0000 Checking/Savings Ending Balance $7,710.71 Outstanding Balances Owed STATEMENT SAVINGS 810 Previous Balance Deposits/Credits Withdrawals/Charges Ending Balance 7,707.83 2.88 0.00 7,710.71 1 DEPOSIT/CREDIT Date 06/30 Amount Description 2.88 INTEREST PAYMENT 0000770783 0 WITHDRAWALS/CHARGES There were no transactions this period. AGGREGATE OVERDRAFT AND RETURNED ITEM FEES Total Overdraft Fees Total Returned Item Fees Total for This Period $0.00 $0.00 Total Year -to -Date $0.00 $0.00 DAILY BALANCES Date Balance 06/30 7,710.71 INTEREST Interest Earned This Interest Period Interest Paid Year -To -Date 2011 $2.88 Number Of Days This Interest Period $6.19 Annual Percentage Yield Earned Current interest rate is 0.150% with no rate change this interest period 91 0.150% LENDER MEMBER FDIC Page 65 of 119 0273749-0000001-048 IMPROVEMENTS AGREEMENT The CITY OF MOAB, a Utah municipality ("City"), and the Grand County Hospital District ("Owner") have entered into the following Agreement pursuant to Moab Municipal Code Section 16.20.060, to secure performance of the installation of improvements as required as a condition for approval of a site plan for a medical clinic. For valuable consideration, the sufficiency of which both parties acknowledge, the parties agree as follows: 1.1 Covered Property. The real property subject to this Agreement ("Property") is as follows: Beginning at a point which bears N 38.8 ft and W 384.0 ft from the SE Cor Section 35, T258 R21 E, SLB&M, Then N 89 50' E 435.3 ft, N 114.5 ft, S 89 54' W 140 ft, N 261 ft, N 89 56' E 575.3, S 377.2 ft to point of beginning. Parcel is 4.61 acres. 2.1 Required Improvements. Owner will develop the Property in conformity with the Site Plan attached as Exhibit "A." Owner hereby agrees to comply with all conditions placed upon the approval as specified before the Moab City Planning Commission and agrees to construct and install all improvements, including parking and landscaping as shown in Exhibit A. The following improvements are required: 1. Paved parking for the proposed new office. Required parking spaces: 1 space per 200 sq. ft. of clinic area. Paved parking constructed as shown marked on the Site Plan. 2. Landscaping as marked on the Site Plan. 3. A handicapped accessible crosswalk from the Hospital to the existing and proposed offices. 3.1 Phasing of Construction. Construction of all project improvements shall be complete by December 31, 2006. A reasonable extension of time for the completion of improvements may be granted, in the discretion of the City Council, upon a showing by the Owner that there is good cause for an extension and that the work has been diligently prosecuted from the date of this Agreement. 4.1 Acceptance of Improvements, Warranty. All improvements shall be constructed in a workmanlike manner and in conformity with approved plans and City specifications. All such improvements are subject to inspection by the Public Works Director prior to completion. 4.2 All Public Improvements shall be delivered free and clear of any lien or encumbrance. Contemporaneous with the execution of this agreement, the owner shall post a performance bond, in a form acceptable to the City Manager, for the use and benefit of the City and/or any subcontractors, 1 Page 66 of 119 E zo-E,E,0.235 D 016343 P 21 7 Date 10-FEB-2005 14:13pm Fee: No Fee Cash a.Qq MERLENE MOSHER, Recorder Filed By MM For MOAB CITY f GRAND COUNTY CORPORATION I n� laborers, or suppliers providing labor or materials for construction of Public Improvements that are not complete at the time of execution of this agreement. The bond shall be in an amount of not less than one hundred fifty percent (150%) of the estimated cost of all Public Improvements not complete at the time of execution of this agreement. The parties agree that the City and owner shall come to a mutual agreement as to the estimated cost of all Public Improvements not complete at the time of execution of this agreement. 5.1 Zoning Compliance. Building permits for construction on individual lots within the Property shall only be issued upon satisfactory completion and acceptance of all improvements and Public Improvements as stipulated herein. 6.1 Default, Remedies, Lapse of Plat. All provisions of this Agreement are material and any violation is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement the City shall deliver written notice to the Owner describing the act, event, or omission constituting same, and allowing Owner a period of not less than thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. 6.2 Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation, proceeding against the payment or performance bonds; withholding building permits or certificates of occupancy/zoning compliance; an action to enjoin or abate zoning violations; recording of a lapse of plat, in whole or in part; and any other remedies available at law or equity, including specific performance or injunctive relief. 7.1 General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of Owner in the ownership or development of all or any portion of the Property. Prior to assigning any or all of his rights and duties under this Agreement Owner shall obtain from any transferee a written assumption acknowledging and agreeing to be bound by this Agreement. 7.2 This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. 7.3 Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. 7.4 The term "Agreement" includes this Improvements Agreement, the Site Plan and all related design drawings, which documents shall constitute the sole 2 Page 67 of 119 E 41660.3 B OtE,39 P a 1.B f _.�� and complete Agreement between the parties. The Agreement shall supercede all prior Agreements or representations, however evidenced. No modifications to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. 7.5 The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties stipulate to venue in the Seventh Judicial District Court, Grand County, Utah. In any such proceeding the parties waive trial to a jury on all claims and agree that the action shall be tried to the court. 7.6 In any legal proceeding concerning the terms of this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. 7.7 This Agreement shall be governed by Utah law. 7.8 This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; (a) the Project is a public development; (b) the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless the City accepts the improvements pursuant to this Agreement; and (c) except as otherwise provided herein, Owner shall have full power and exclusive control of the Property. 7.9 The provisions of this Agreement are severable, and if any portion should be held to be void or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. 7.10 In the event of any legal dispute concerning this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. 7.11 All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, and delivered to the following addresses: To the City of Moab: City of Moab 115 West 200 South Moab, Utah 84532 Attn: City Manager 3 Page 68 of 119 E-46.6035 B 0639 P 219 ,,z1. To Owner: Grand County Hospital District Moab UT 84532 Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. 7.12 This Agreement shall be recorded in the Grand County land records until such time as all provisions are performed, following which the City shall record a notice of termination. IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by as of the date(s) specified below. 13,11 f-I a cx44- /h46' OF AB: dilLA Mayor,David,jj Salarison Date •`' G t abbe' Moon ,r `�' e GRAND COUNTY HOSPITAL DISTRICT Chairperson, Bill Stevens STATE OF UTAH ) s.s. COUNTY OF GRAND ) (a- IS-01-1 19-iS-04 Date 1 2- P e y Date The foregoing agreement was executed before me by Bill Stevens, this d day of , 2004. Witness my hand and official seal. My commission expires: Notary Public ROSS P OLSON 818 West Hale Avenue Moab, Utah 84532 My Commission Expires October 18, 2008 State of Utah 0 J Notary Public, State of Utah Address: G',/,‘ H471 A91/g 4 Page 69 of 119 E 446t1035 B 01639 P e•2a 0 tn-1 t tio6prIza 011/45fdtc.± 0.66ce 574 (VIcoAkeck, Y`eck, 10,s �-. w�VOv•dve� ew� ov-- a� 4be#1 Page AQUA 9 T P/0/0 BFoPg, (v X- 0 r,4 Allen Memorial Hospital 719 West 400 North • P.O. Box 998 Moab, Utah 84532 (435) 259-7191 • FAX (435) 259-5172 November 17, 2004 Robert Hugie City of Moab 115 West 200 South Moab, UT. 84532 Dear Robert; We at Allen Memorial Hospital would like to thank you and the city for your support with the trailer plans and improvements that we are in the process of completing. The following are the cost breakdowns, for improvements, that the city requested: Asphalt — (Materials for Handicap Parking) $ 1,500 Backhoe Rental 400 Gravel 2" landscape 165 Gravel Road Base — Parking area 375 Plants — Landscaping 200 _io,i_t_ Plastic Liner — Landscaping 150 C� Labor 700 cS Total $ 3,490 I don't know what the cost will be for the crosswalk. I'm hoping that the city will help us determine what that will cost. Also, we do not know the cost for the utility hookups, and will be researching those costs. � our 1#1,,S ouvl Once again, thank you for your support. If you have any questions please call me at 259-7191 ext., 105. Sincerely; Cc: Marla Shelby-Drabner k500 (tot )10 � wcAC'cc,o%° I-67AL 7 �rs5 Affiliate of Rural Health M Page 71 of 119 merit Conppration E -4156.035 B 06.39 P 22 444 1 IT A IT w 5 wwrw 24.9. 2/.0' 24.2. N/w 17-A eC 174 174 NI NI 17-D II -A 671 171 N 1/M'B 119919w 50.7 WNW f11B1R NYM Naar.. 110A1 CITY WAIN 14U11 wow fl4Pw 231 f-A 622w N1Y4/1 (f1.0 f-B 02w C /C 416 w 7u f-D a w 1-A 4B IC e 4C /.0 Y )0 g uP 5i O033Thf0 PANA7E BIB1Fn HALE AVENUE W h N N'M'E 7Nr 0 21.1' N4 cn w 164 US C� �i2 w 164 acw b 1 arsew 171 19 z n F i O z N89°54'E 100.71' fn a0i • 4 • O 'F n �w O 6 �w N 89°54'E 100.0' N CLARK MINSON MOCES S MINSON 0 10.2.2.1 01-035-0021 S 89°54'W 100.0' S 89°45'E 100.7 39.1,10AB CITY S 89°54'W 100.T N 89°54'B 100.0' CLARK MINSON MILES MINSON 10.2.2.4 4 01-0354026 S 89°54'W 100.0' F 7sv 7m'°Pw THIS PART OF QCD FOR ARB 1.8 NOT GIVEN BY MiNSON n NORTH 261.0' semw S89°54W 140.0' N8754'E 140.0' M STEVEN V. ROUZER a 0i-035-0020 fn N89°501V 140.0' O z N 89°56'B 575.3' GRAND COUNTY HOSPITAL SERVICE DISTRICT 01-035-0024 N 89°501Y 435.3' fV 52.1' 1 1' cA 1 tAS 1 H a CA O CV cD N 8994'E 180.0' JON G FULLER PAULA V FULLER W.) 01-035-0022 N 89°501V 180.0' CA VD 21.6' YP COD 109.180I II BOOAS°68 S S 89'54'00" W 1109.30' S 89°52'55" W 1321.16' CITY OF MOAB ENGINEERING DEPARTMENT CORRESPONDENCE September 9, 2011 Memo To: Honorable Mayor and Members of Council From: Rebecca W. Andrus, City Engineer Subject: Acceptance of the bid for the Bartlett Street and 4th North Street Improvements The Bartlett Street and 4th North Street Improvements Project includes full depth pavement replacement of approximately 470 feet of 4th North Street from Main Street to 100 West and approximately 290 feet of Bartlett Street west of 500 West including removal of the existing pavement section; sub -grade preparation; and installation of new pavement, and manhole collars and miscellaneous incidental items. The work also consists of sidewalk and curb and gutter removal and replacement as indicated on the construction drawings. The estimated pavement replacement quantity is 2,870 square yards. Bids for the Williams Way Repavement Project were received by Moab City on September 9, 2011. LeGrand Johnson Construction Company was the sole bidder in the amount of $134,755.16. The bid was within the budget allowed for the project. It is my recommendation that we accept LeGrand Johnson Construction Company's bid for the Bartlett Street and 4th North Street Improvements in the amount of $134,755.16. Sincerely, Rebecca W. Andrus, PE Moab City Engineer Page 73 of 119 CONSTRUCTION CONTRACT PROJECT TITLE: BARTLETT STREET AND 4TH NORTH STREET IMPROVEMENTS This CONTRACT is made this the 13t" day of September, 2011, by and between the City of Moab, 217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "CITY") and Legrand Johnson Construction Company, (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 BARTLETT STREET AND 4TH NORTH STREET IMPROVEMENTS 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. Page 74 of 119 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements 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. 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. Contractor shall be expeditious in providing required documentation so that the Notice to Proceed can occur within 15 calendar days of the Notice of Award. Failure to do so may result in a reduction of the Contract Time specified above. 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 two hundred dollars and no cents ($200) 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 five hundred dollars and no cents ($500) for each day that expires after the time specified in Article 3 for final completion and readiness for final payment. CC - 1 Page 75 of 119 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements 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 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 B. 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 B, 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 is One Hundred Thirty Four Thousand Seven Hundred Fifty -Five Dollars and Sixteen Cents, ($134,755.16). 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 B, then the contract price shall be adjusted downward proportionately based upon the specified unit prices and the actual quantities used. CC-2 Page 76 of 119 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements 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. 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 CC-3 Page 77 of 119 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements 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 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: CC-4 Page 78 of 119 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements 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 Notice to Proceed to be issued after Contract award, prior to construction. 8.09 The following which may be delivered or issued after the Effective Date of this Contract and are not attached hereto: A. Written Amendments; 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. CC-5 Page 79 of 119 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements 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. 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 CC-6 Page 80 of 119 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements 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; 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. CC-7 Page 81 of 119 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements 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. 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. CC-8 Page 82 of 119 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements ARTICLE 11 - BONDS 11.01 Bid Security will be returned to the Contractor once the Contract is executed. 11.02 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. 11.03 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. 11.04 The letter of credit, payment bond, and performance bond shall be released no later than one year from the last day of performance of labor or service or supplied equipment or material, 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 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. 11.05 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. 11.06 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. CC-9 Page 83 of 119 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements 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 , 2011. FOR THE CITY OF MOAB ATTEST: MAYOR City Recorder FOR THE CONTRACTOR ATTEST: If Corporation Signature Secretary STATE OF UTAH COUNTY OF GRAND ) )§ ) On the day of , personally appeared before me same. , who duly acknowledged to me that they executed the Notary Public CC - 10 Page 84 of 119 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements My Commission Expires: Residing in: Grand County CC - 11 Page 85 of 119 6-4 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements Exhibit A ARTICLE 13 - PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of , 20 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 - 12 Page 86 of 119 6-4 City of Moab Planning and Zoning Department Inter -office Correspondence PL-II-195 September 6, 2011 Memo To: Honorable Mayor and Members of the Moab City Council From: City Staff Subject: Approval of the Final Plat for a Proposed Three Lot Subdivision on Property Owned by Moab Valley Healthcare, Inc. and Located in the C-2 Zone as Submitted by Roy Barraclough, CEO and Referred to Council by the Planning Commission Background The affected property is slightly over 3 acres in size and will include an extension of Orchard Park Lane that will access the properties from Williams Way and extend northward to the Canyonlands Healthcare property. An offset extension of the blockaded Walnut Lane, called "Care Campus Drive", will continue through the north end of the subdivision to intersect with 500 West. This has already been constructed as a portion of the development of the hospital site. The three lots will consist of .83 acres, .72 acres, and 1.38 acres. There are no area and width requirements in the C-2 Zone but commercial uses must not exceed fifty percent of the total lot area. An off -set extension of right-of-way that roughly aligns with Walnut Lane will be provided to the east of the hospital property but will be gated to prohibit daily traffic and allow only emergency and utility provider access. The subdivision will provide one building site for a doctor's group medical clinic that will be submitted for review in the future. The other lots will be for future development by other medical entities. Any structure that will eventually be constructed on Lot 4 will not exceed a single story to allow a clear flight path to the helipad. Discussion The Planning Commission reviewed the preliminary plat for the attached proposal on January 27, 2011 and subsequently voted 4-0 to have the applicant generate the Final Plat. The changes that were requested by staff are included on the current plat. On July 14, 2011, the Planning Commission reviewed the final plat and with the adoption of Planning Resolution No. 10-2011, voted to favorably recommend the plat to Council. Two conditions were stated in the Resolution: 1. The Final Plat shall show the necessary easements for the public water line extension as necessary; Page 87 of 119 City Council PL-11-195 Hospital Subdivision September 6, 2011 Page 2 of 4 2. The name shown as Walnut Lane for the street extension to the west of Care Campus Drive shall be changed to suit the Hospital District. The street name has been changed to Care Campus Drive and the easements are shown. Process A public hearing before Council is not required. Chapter 16.16, Final Plat, establishes the requirements for generating the final plat of a subdivision. The chapter is attached below for your review. The final plat recognizes the desire of the hospital district to create a standalone campus and yet provide for future traffic flows if it becomes necessary. The required frontage of the lots on a public right-of-way now opens up the "campus" to public access from Williams Way via Orchard Park Lane and city maintenance of the road. This alters the use of the constructed access improvement from a private driveway to a public street. The new intersection of Care Campus Drive/Walnut Lane with Orchard Park Lane identifies the suggestion by staff to provide additional right-of-way in the event a full street intersection needs to be constructed in the future. While this future intersection will not be in full alignment, the radius on the northeast corner will allow adequate line of sight and turning options if constructed. Staff agrees with the Fire Marshall that a barrier in the form of a locked gate should be used to separate the hospital from adjacent uses on Walnut lane. Alternatives Council can: 1) Agree with the Planning Commission and approve the submitted version of the Final Plat, 2) Approve the Final Plat with conditions as needed, 3) Vote to not approve the Final Plat and state the reasons for denial, 4) Table the application to the next available Planning Commission meeting if more information is needed. p:\planning department \2UII\correspondence \pI-II-195 cc hospital plat.docz Page 88 of 119 City Council PL-11-195 Hospital Subdivision September 6, 2011 Chapter 16.16 FINAL PLAT Sections: 16.16.010 Preparation -Generally. 16.16.020 Description and delineation. 16.16.030 Standard forms to be included. 16.16.040 Time limit for recordation. 16.16.010 Preparation -Generally. Page 3 of 4 The final plat, which must be prepared by a licensed land surveyor on a sheet of tracing linen twenty-four inches by thirty inches and made with approved waterproof black drawing ink, shall be so drawn that the top of the sheet faces either north or east, whichever accommodates the drawing best and shall comply with the provisions set out in Sections 16.16.020 through 16.16.040. (Ord. 13-81 (part), 1981: prior code § 22-4-1(part)) 16.16.020 Description and delineation. The final plat shall show the following: A. The name of the subdivision; B. Accurate angular and linear dimensions for all lines, angles and curves used to describe boundaries, streets, alleys, easements, areas to be reserved for public use and any other important features; C. An identification system for all lots and blocks and names of streets. Lot lines shall show dimensions in feet and hundredths. Actual house numbers, as assigned by the city engineer, shall be shown; D. True angles and distances to the nearest established street lines or official monuments, which shall be accurately described on the final plat and shown by appropriate symbols; E. Radii, internal angles, points and curvatures, tangent bearings and the length of all curves; F. The accurate location of all monuments and fire hydrants to be installed shown by the appropriate symbol. All United States, state, city or other official benchmarks, monuments or triangulation stations in or adjacent to the property, shall be preserved in precise position; p:\planning department \2011\correspondence \pl-11-195 cc hospital plat.docx Page 89 of 119 City Council PL-11-195 Hospital Subdivision September 6, 2011 Page 4 of 4 G. Dedicate to the city all streets, highways, and other public lands included in the proposed subdivision; H. Pipes or other such physical monuments as shall be placed at each lot corner; I. Where it is proposed that streets be constructed on property controlled by a public agent or utility company, approval for the location, improvement and maintenance of such streets be obtained from the public agency or utility company and entered on the final plat in a form approved by the city attorney. (Ord. 13-81 (part), 1981: prior code § 22-4-1(1)) 16.16.030 Standard forms to be included. The final plat shall contain the following: A. A registered professional engineer or land surveyors' "Certificate of Survey"; B. The owners' "Certificate of Dedication"; C. A notary public's "Acknowledgement"; D. The city planning commission's "Certificate of Approval"; E. The city engineers' "Certificate of Approval"; F. The utility supervisors' "Certificate of Approval"; G. The city attorney's "Certificate of Approval"; H. The city council's "Certificate of Approval"; I. Certificate of filing to be completed by county recorder; J. The planning coordinator's "Certificate of Approval." (Ord. 13-81 (part), 1981: prior code § 22-4-1(2)) 16.16.040 Time limit for recordation. Failure on the part of the subdivider to record a final plat of a subdivision within ninety days following the approval by the city council shall render the plat invalid and reconsideration by both the city planning commission and the city council will be required before its acceptance. (Ord. 13-81 (part), 1981: prior code § 22-4-1(3)) p:\planning department\2011\correspondence\pI-II-195 cc hospital plat.docx Page 90 of 119 Aarit10114 10 Ar0 SIHt /IX>i 01 sr OY.OVedr 34110.4 01 SV 1VA01IddV H G 3,--3%vn -X'v08 3m1-31r0 91S3h.333. IV DX.03.' 30 OD NVln 3) 3.15 'ON 83080038 AINI100 +mr A9 03.3D " A9 NOGY0 133 3,0 47£.0.9 NY1/1 6Y0/Y 1JJN15 d'J1NJ.7 1SY3 SD .9NLL :4(Yr2,S'' oir7 .g9oxy e a304 ,d ur+nos �e a.aviot. 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J1 xi NO1SiA1a8�1S 31:1VOHl1113H A311VA 91/0W lv+IL v i It 1 n ut / <.;3tIDevlaKDKR Page 91 of 119 DATE PAID: 1 -I J ( t AMOUNT PAID: RECEIPT NO.: 5a3I CITY OF MOAB PEDDLER/SOLICITOR (REQUIRES CITY COUNCIL APPROVAL — YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SURCHARGE: $80.00 TYPE OF BUSINESS Door to Door Soliciting ❑ 'NO CHARGE IF CURRENT CRY OR COUNTY LICENSE LS ATTACHED TOTAL FEE: LICENSE #: + 80.00 . $160.00 BUSINESS NAME: Arm Security, Inc. BUSINESS ADDRESS: 201 S. Main St. Suite 1420 Salt Lake City, UT 84111 BUSINESS MAILING ADDRESS: 201 S. Main St. Suite 1420 E-MAIL ADDRESS: Compllance@armsecurlty.Com CITY: Salt Lake City BUSINESS PHONE: 877-479-1670 STATE: UT ZIP: 84111 BUSINESS OWNER'S NAME: Vivint, Inc. OWNER'S ADDRESS: 4931 N. 300 W. OWNER'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNER'S SOCIAL SECURITY NUMBER CITY: Provo STATE: PHONE: 877-479-1670 UT ZIP: 84604 DATE OF BIRTH: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP ® CORPORATION OOTHER (SPECIFY): SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION: NAME REGISTERED WITH THE STATE FOR TAX ID: Vivint, Inc. Name of person(s) operating under this license: Proposed geographic area where business is to be conducted: Proposed hours of operation: 9am to 5pm Type of Business: Door to door sales Door to Door Goods or services to be offered for sale: Home security and automation systems HAVE YOU EVER BEEN CONVICTED OF ANYTHING OTHER THAN A TRAFFIC VIOLATION? ❑ no O yes (if yes, please attach explanation) THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. I/WE Shawn Brenchley PLEASE PRIM NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION C AND OWNER PRIOR TO HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY ER E. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION RTS WITH THE STATE OF UTAH. I/WE UNDERSTAND THAT I/WE ARE SUBJECT TO A BACKGROUND CHECK Ignature of App State of Utah ) ) SS County of 6.‘ ) SUBCRIBED AND SWR to before me this NOTARi,:LIC day of /2A Date SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! WHITNEY KAY METCALF NOTARY PUBLIC•STATE OF VAIN COMMISSIONS 607991 COMM. EXP. 03-284015 Page 92 of 119 BUSINESS NAME: Arm Security, Inc. BUSINESS ADDRESS: 201 S. Main St. Suite 1420 Salt Lake City, UT 84111 BUSINESS PHONE: 877-479-1670 TYPE OF BUSINESS: Corporation RECORDER'S OFFICE USE ONLY Q INSPECTION(S) REQUIRED TYPE OF INSPECTION(S) REQUIRED: ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS BACKGROUND CHECK REQUIRED ❑ YES ❑ NO IF YES, DATE COMPLETED ❑ BACKGROUND CHECK OKAY ❑ BACKGROUND CHECK NOT OKAY SIGNATURE OF CHIEF OF POLICE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY RECORDER ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER 07/01/05 Page 93 of 119 City of Moab Planning and Zoning Department Correspondence PL-II-212 August 18, 2011 Memo To: Honorable Mayor and Members of Council From: Planning Staff Subject: Acceptance of Warranty Deed for Dedication of Right -of -Way of a Portion of West Center Street as Submitted by Michael and Heather Taylor for Mary Colleen Taylor Background On June 16, 2009, a parcel of property was recorded by Mary Colleen Taylor that gave the City a right-of-way that was intended to serve as street frontage in order to construct a single family dwelling on the abutting property. This property is located south of Williams Way and east of Shields Lane and would provide additional West Center Street right-of-way for a future connection with the established roadway to 100 West. This proposed right-of-way is adjacent to a previous similar conveyance to construct a single family home to the east of the subject property. The property had been incorrectly conveyed to the City by Quit Claim and without Council review or acceptance. While frontage on a dedicated right-of-way is required for obtaining a building permit, the acceptable document for this type of conveyance is by Warranty Deed. The process includes a review by Council and subsequent approval. The Michael and Heather Taylor property is proposed for single family development and the land for the proposed street right-of-way has been conveyed to the City through a Warranty Deed. Please refer to the attached letter of petition, the site plan, plat, and Warranty Deed. p:\planning department \2011\correspondence \pI-II-212 taylor rowdedication.docx Page 94 of 119 OMO"AVMSNIMO2)lAd. 61,1. 'd'J :31VOS NY(1 A13 0311034i0 N111 AO. NMV210 u 'et Alnf awn Waf L 217PH7l11( HOJ 038Vd3ild i•IVln '11N000 CINV210 'Alta fjVOW TilS '3 LZ its 9Z 1 'G N01103S V1MS.3141 NIiA.PA ALNYartt9Yar 4t07f 61L 7YVH,211Y gra- 1 VId" V ZL'S49 'HVln 'BVOYi 033211S i131.N30 1SV3 S4 >/11/.1 Yllt7i1,4 7 1,907)1 S531 a0 3a0YI '53113V 901 ONINIV1NO3 OMV 3NINN030 30 1NIOd 3111 Ol 13 33'93. HLaas 30N3H1 "1! O'L 1S3M 73.3u1 '13 £'£0O H1SON 3331310. 13 0'3 1SV3 33N3131 '13 4'4 i11a0N 30113N1 -13 WOOL 1S3M 33N3H1 '(13 f'f£6.040330) '13 LLTRt faros 33F13131. "13 03101 103 33N3H1 9(0033300d (INV 'YfiS.'3. IL N 'S 93 1 't N31133S 30 3/3NNO3 {1S3M 3111 I0313 'll COLIN 1SV3 33N3H1 13. 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A113 VON COOL 1SY3 S33LA03S-A31,33E13(13 a3H10 ONV. 3013 30 SS333y aoi ONMIOTN N330.1011321 01 _ a001000.1 S5303v 1310303M drs :1 0@ _. goNl I ( LEMS HI ) Vat FINDS OI{Id' ZITO 1N3rvnNOrv:NMgiR sao l-:1aIS ILZ 1 "L 'Y L3'3IL a 59Z1 I Nou33s eeNaat VI1s3x 1 I Page 95 of 119 R=50.00' L=138.17 CHORD=EAST 98.22' ER C qS� 1 (4-L o / / /NT ASp" 139.3' z O M WEST 2.0'/ 15' M0�8(CI PARCEL 139.3' EAST SEPTIC FIELD PROPOSED RESIDE1,E FF=4010 (NAVD 1988) rR' w 5 w N cc Q a ex �!1 0 a EAST 2.0' 8,0' MICHAEL TAYLOR PARCEL WEST c 40D7-� w (31.3') CITY WATER MAIN 'PEST CENTERSTREET A PLOT PLf1NOFTHE PROPOSED MICHA L TAYLOR RESIDENCE 280 WEST CENTER STREET MOAB, UTAH, 84532 NOTES 1. CONTOURS SHOWN ARE FROM THE MOAB CITY MAPPING OF JULY 30, 1991. SAID CONTOURS HAVE BEEN ADJUSTED UP 3.2 FT. TO BRING THEM TO NAVD 1988 VALUES. GRAPHIC SCALE ( IN FEET ) 1 inch = 5Hage 96 of 119 To whom it may concern, We are in the process of building our first home on our property located at 2.73 West Center Street. Over the past six months we have been directed by the City of Moab on how to gain our building permit and we think we have finally accomplished everything needed to complete our goal. The City of Moab has deeded army husband's grandparents (Coleen and P.L. Taylor) back the section of road in order for us to correctly file it under a warrenty deed back to the city. We have done this to gain the proper access for our property the correct way. Hopefully this is the final step to the process of gaining our building perwut. Thank you, Michael and Heather Taylor Page 97 of 119 Mail Tax Notice To: Moab City 217 E Center St Moab UT 84532 WARRANTY DEED Fee A None F:LIod Byt TL. J'OHN ALAN CLINES Recorder GRAND COUNTY CORPORATION For p TAYLOR NARY COLLEEN HOLYOAI: MARY COLLEEN HOLYOAK TAYLOR one in the same as MARY COLLEEN TAYLOR Grantor, hereby CONVEYS and WARRANTS to City of Moab, a Utah municipal corporation, Grantee, of Moab Utah, for the sum of ten dollars and other good and valuable consideration, the following described tract of land in Grand County, State of Utah, to -wit: MOAB CITY PARCEL (E3K.749 PG. 126) A PARCEL OF LAND IN THE NW1 OF SECTION 1, T 26 S, R 21 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS NORTH 450.1 FT. THENCE EAST 1420.7 FT. FROM THE WEST CORNER OF SECTION 1, T 26 S, R 21 E. SLM, AND PROCEEDING THENCE NORTH 59.4 FT., THENCE EAST 139.3 FT., THENCE SOUTH 59.4 FT., THENCE WEST 139.3 FT. TO THE POINT OF BEGINNING AND CONTAINING 0.19 ACRES, MORE OR LESS. Subject to easements, reservations, rights -of -way and restrictions however evidenced. Witness the hand of said grantors, this STATE OF UTAH { 1 SS. COUNTY OF GRAND { day of August, 2011. ARY OLLEEN HOL AK AYLOR J� RY COLLEEN TAYLl R On the l `"day of August 2011, personally appeared before me MARY COLLEEN HOLYOAK TAYLOR one in the same as MARY COLLEEN TAYLOR the signer of the within instrument who duly acknowledged to me that she executed the same. CHRISTINE E. GREEN Notary Public State of Utah My Commission �Ol�om September Comm. Mumber: 600736 !i k Page 98 of 119 City of Moab Planning and Zoning Department Correspondence PL-II-216 September 7, 2011 Memo To: Honorable Mayor and Members of Council From: Planning Staff Subject: Approval of Improvements Agreement for Public Improvements in the West Center Street Right -of -Way as Submitted by Michael and Heather Taylor Background For the past few months City Staff has been in contact with Michael and Heather Taylor in an effort to reconcile the code requirements with the desire of the Taylor's to construct a home in the area of Shields Lane south of Williams Way. The selected property did not front on a dedicated right-of-way and acceptance of that right-of-way is another issue that must be addresses by Council. The code requires that improvements be constructed for the property owners to obtain a Certificate of Occupancy once the home is completed. There are two separate issues at hand: 1. For the immediate construction of the home improvements to the water line and an all weather drive surface must be constructed (the home will be on a septic system), 2. Additional required improvements, including curb, gutter, paving, and sidewalk, must be completed as a part of a larger future development Please note that there are two levels of development for which a financial guarantee is required contained in the Agreement. This agreement will allow the Taylors to construct the necessary improvements for building their home without incurring the enormous costs of developing a street section that does not connect to anything at the present time. The document allows the city to use its discretion as to when and if the street will be completed and anticipates that adjacent properties will develop someday. p:\planning department \2011\correspondence \pI-II-216 cc taylor improves agreement.docx Page 99 of 119 DRAFT IMPROVEMENTS AGREEMENT The CITY OF MOAB, a Utah municipality (the "City"), and Michael and Heather Taylor, ("Owners") have entered into the following Agreement pursuant to the Moab Municipal Code to secure performance and the installation of improvements as required as a condition for approval of a building permit for a Single Family Residence. For valuable consideration, the sufficiency of which both parties acknowledge, the parties agree as follows: 1. Covered Property. The real property subject to this Agreement ("Property") is more particularly described in Exhibit A and shown on the attached survey in Exhibit B. 2. Required Improvements. Owner will develop the Property in conformity with the provisions of this agreement and the proposed site plan (Exhibit C) and the Improvements Worksheet attached as Exhibits D-1 and Exhibit D-2. Owner hereby agrees to comply with all conditions placed upon the approval as specified and agrees to construct and install improvements, including, a waterline extension and a graveled twenty (20) foot wide all- weather surface in the city right -of- way. 2.1 The following improvements are required to be constructed prior to obtaining a Certificate of Occupancy. a. Construct an all-weather surface access within the right-of-way described in Warranty Deed recorded in Book 749 page 126, from the east property line west to the all-weather surface that intersects with Shields Lane as approved by the Fire Chief, Public Works Director, and City Engineer. Said access shall be no less than twenty (20) feet in width and have a clear overhead area free from branches to a height specified in the International Fire Code and approved by the Fire Chief. b. A water main eight (8) inches in size shall be extended by the Owners from the nearest hydrant on West Center Street to the westernmost property line of the affected property. Said line shall be constructed in accordance with Moab City Design Construction Standards and shall be inspected as provided for in Paragraph 3 below. Additional valves will be required as per the Public Works Director. 3. Acceptance of Improvements, Warranty. Public Improvements for water lines and the all- weather gravel road surface shall be constructed in a workmanlike manner and in conformity with approved plans and City specifications. Public Improvements are subject to inspection by the Public Works Director and/or City Engineer prior to acceptance. The water line shall be inspected and tested prior to acceptance. Upon acceptance, title to Public Improvements will vest in the City. 3.1 The Owner warrants that the Public Improvement of a water main extension to be dedicated to the City shall be constructed in a workmanlike manner and in accordance with approved plans and specifications, and that all such improvements shall be free from defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City (the "Warranty Period"). Owner shall promptly repair or replace any defect in materials or workmanship following receipt of written notice from the City during the Warranty Period. PL-11-207 Page 100 of 119 DRAFT 3.2 Owner shall work closely with the Public Works and Engineering Staff to insure acceptance of said water main. 3.3 All Public Improvements shall be delivered free and clear of any lien or encumbrance. Prior to commencing construction of improvements, the Owner shall post a commercially reasonable payment and performance financial assurance or guarantee, in a form acceptable to the City's legal counsel, for the use and benefit of the City and/or any subcontractors, laborers, or material men providing labor or materials for that phase of construction. The financial assurance or guarantee shall be in an amount as described in Paragraph 3.5. Owner and City Engineering and Public Works staff shall jointly approve the estimated cost of the Public Improvements prior to the commencement of construction. 3.4 If the water main extension is not completed by the time final inspection of the structure is requested, a Certificate of Occupancy will not be issued by the Building Department or the City of Moab. 3.5 An approved financial assurance or guarantee in the amount of one -hundred ten (110) percent of the total cost of construction of the required improvements or three thousand eight hundred one and sixty cents ($3801.60) and shall be submitted to the city and held against the completion of the construction of the improvements listed above. (Exhibit D-1) 3.6 If any of the necessary improvements are completed to the City's satisfaction prior to the financial guarantee being submitted to the City, the cost of said improvements shall be deducted from the required amount of the financial assurance. 3.7 Upon completion, the financial assurance or guarantee amount shall be released to the property owner(s). 4. Outstanding Future Improvements. The outstanding required improvements for asphalt surfacing of the street, curb, gutter, and sidewalks shall be constructed when the improvements on adjacent properties are built. These improvements shall be completed in tandem with such development: a. Construction of the curb and gutter on both sides of the street section, in front of and adjacent to, the subject property; b. Construct the asphalt surface for the street section including any improvements or re -grading of the subgrade; c. Sidewalks shall be constructed behind the curb on the south side of the right-of- way in front of, and adjacent to, the subject property; 4.1 All Public Improvements shall be delivered free and clear of any lien or encumbrance. The Owner shall post a commercially reasonable payment and performance financial assurance or guarantee, in a form acceptable to the City's legal counsel, for the use and benefit of the City and/or any subcontractors, laborers, or material men providing labor or materials for that phase of construction. The financial assurance or guarantee shall be in an amount equal to one hundred percent (100%) of the cost of construction. Owner PL-II-207 Page 101 of 119 DRAFT and the City Engineer and Public Works Director shall jointly approve the estimated cost of the future Public Improvements. 4.2 The financial assurance or guarantee shall be in the amount equal to seventeen thousand two hundred dollars ($17,200.00). Exhibit D-2 4.3 If a period of more than five (5) years lapses before such adjacent development occurs, the city may, at its discretion, apply the financial assurance or guarantee amount to the construction of the listed future improvements as in Section 4 above and shall retain a contractor for the purposes of completing said required improvements. 4.4 If a period of ten (10) years lapses before such adjacent development occurs, the city shall refund the financial assurance or guarantee amount to the property owner, along with any accrued interest, if applicable. 5. Zoning Compliance. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of the improvements as established in section 2.1 paragraphs a and b. 6. Default: Remedies. All provisions of this Agreement are material. Any violation of this Agreement (hereinafter "Default") is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement the City shall deliver written notice to the Owner describing the act, event, or omission constituting same, and allowing Owner a period of not less than thirty (30) days in which to cure or abate the violation. Cure within this period reinstates this Agreement. 6.1 Upon declaration of Default the City may exercise any remedies, for violation available under City ordinances or Utah statutes, including, without limitation, proceeding against the financial assurance; withholding building permits or certificates of occupancy/zoning compliance; action to enjoin or abate zoning violations; and any other remedies available at law or equity, including specific performance or injunctive relief. 7. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of Owner concerning the ownership or development of the Property. Prior to assigning any or all of Owner's rights and duties under this Agreement Owner shall obtain from any transferee a written assumption acknowledging and agreeing to be bound by this Agreement. 7.1 This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. 7.2 Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. 7.3 The term "Agreement" includes this Improvements Agreement, and all related design and property drawings, which documents shall constitute the sole and complete Agreement between the parties the Agreement shall supersede all prior PL-II-2D7 Page 102 of 119 DRAFT Agreements or representations, however evidenced. No modifications to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully made by both parties. 7.4 The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subject of this Agreement, the parties stipulate to venue in the Seventh Judicial District Court, Grand County, Utah. In any such proceeding the parties waive trial to a jury on all claims and agree that the action shall be tried to the court. 7.5 In legal proceedings concerning the terms of this Agreement, the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. 7.6 This Agreement shall be governed by Utah law. 7.7 This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that (a) the subject property is a private development; (b) the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless the City accepts the improvements pursuant to this Agreement; and (c) except as otherwise provided herein, Owner shall have full power and exclusive control of the Property. 7.8 The provisions of this Agreement are severable, and if any portion should be held to be void or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. 7.9 In the event of any legal dispute concerning this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. Notice maybe delivered to such other parties or addresses as the parties may designate in writing from time to time. 7.10 This Agreement shall be recorded in the Grand County land records until such time as all provisions are performed, following which the City shall record a notice of termination. IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by as of the date(s) specified below. CITY OF MOAB Mayor David L. Sakrison Date ATTEST: PL-II-207 Page 103 of 119 DRAFT Rachel Ellison Date OWNER: Acknowledgement STATE OF COUNTY OF Date The foregoing agreement was executed before me by this day of , 2011. Witness my hand and official seal. My commission expires: Notary Public p:\planning department \2011\correspondence \pI-II-207 taylor agreement.doca PL-II-207 Page 104 of 119 EXHIBIT A MICHAEL TAYLOR PARCEL (BK. 772 PG. 406) A PARCEL OF LAND IN THE NW4 OF SECTION 1, T 26 S, R 21 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS NORTH 450.1 FT. THENCE EAST 1420.7 FT. FROM THE WEST CORNER OF SECTION 1, T 26 S, R 21 E, SLM, AND PROCEEDING THENCE EAST 108.0 FT., THENCE SOUTH 434.27 FT. (RECORD=433.3 FT.), THENCE WEST 108.0 FT., THENCE NORTH 4.7 FT., THENCE EAST 2.0 FT., THENCE NORTH 353_3 FT., THENCE WEST 2.0 FT., THENCE NORTH 76.27 FT. TO THE POINT OF BEGINNING AND CONTAINING 1.06 ACRES, MORE OR LESS. 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ROW L ( .laA NI ) & vas ouidvxti �I 1 I J e Wfitlx3 EXHIBIT C WEST 2.0' EAST 2.0' 14.4 nZ o `* i (41-08') EASE AEI C F 139.3' 0 r0 15' EAST SEPTIC FIELD V S PROPOSED RESIDENCE FF=4010 (NAVD 1988) I MICHAEL TAYLOR PARCEL WEST R=50.00' L=138.17 CHORD=EAST 98.22' \---4007------ , 108.0' �r\ (31.3') CITY WATER MAIN XEST CENTER STREET PLOT PLAN. OF THE PROPOSED MICHA L 7141ZOR RESILIENCE 280 WEST CENTER STREET MOAB, UTAH, 84532 NOTES 1. CONTOURS SHOWN ARE FROM THE MOAB CITY MAPPING OF JULY 30, 1991. SAID CONTOURS HAVE BEEN ADJUSTED UP 3.2 FT. TO BRING THEM TO NAVD 1988 VALUES. GRAPHIC SCALE so 0 25 50 100 200 ( IN FEET ) 1 inch = 5 rage 107 of 119 Exhibit D-1 Public Improvements Cost Worksheet Name of Development: Taylor Home Developer/Owner: Michael and Heather Taylor Required Improvements for Certificate of Occupanc Category Sub -category Line Item Description Unit Unit Price Plan Quantity Item Cost $ Utilities Water Install 108 linear feet of 8" Pipe as specified by Public Works LF 32.00 108 3,456.00 Sewer N/A Roads, Fire Access 20' width, Fire access route Labor and materials to construct 20'X300"X4"minimum all-weather gravel surface road SF 3.80 600 2,275.00 Total estimated construction costs $5,731.00 City contribution for water line extension ($2,275.00) Total adjusted costs 3,456.00 Plus Required 10% contingency $345.60 Total Amount of Financial Guarantee $3,801.60 j:\subdivisions\taylor\taylor costs for home.docx Page 108 of 119 6� S Exhibit D-2 Public Improvements Cost Worksheet Name of Development: Tavlor Home Developer/Owner: Michael and Heather Taylor Required Future Improvements Category Sub- category Line Item Description Unit Unit Price Plan Quantity Item Cost $ Utilities Water Extension costs will be paid by future development 0 Sewer 0 Roads, Fire Access, Parking Subgrade Labor and materials SF 3.80 600 2,275.00 Street section Furnish and Place: 9" Granular borrow 6" Compacted base 3" Compacted hot asphalt mix SF 3.60 2,916 10,497.60 Curb and gutter Labor and materials to form, place, and finish vertical curb and gutter on both sides of new street section LF 15.00 216 3,240.00 Sidewalk Labor and materials to form, place, and finish 5' wide sidewalk on south side of street section LF 11.00 108 1,188.00 Total estimated construction costs 17,200.00 Plus Required Contingency 0.00 Total Amount of Financial Guarantee 17,200.00 j:\subdivisions\taylor\exhibit d-2 future eosts.dosx Page 109 of 119 �-a City of Moab Planning and Zoning Department Correspondence PI-II-218 September 7, 2011 To: Honorable Mayor and Members of Council From: Planning Staff Subject: Approval of a Subdivision to Create the Archland Townhome Subdivision in the R-3 Zone at 164 South 300 East as Submitted by Martin Grupp Background Mr. Grupp has applied for a three -lot subdivision on his .39-acre property located at the above address. The proposal creates three lots: one at 3,798 square feet, one consisting of 4,094 square feet, one at 5,368 square feet, and a common area of 3,662 square feet. The units will continue to be used as single family residences with townhome ownership. The lot consists of .39 acre or 16,988 square feet and has a front width of 120 linear feet. The proposed zoning lot exceeds the R-3 dimensional requirements for a lot width of 75 linear feet and the area requirement for three units of 11,200 square feet. Discussion The subdivision of the lot complies with State Code Chapter 10-9a-608(2) which allows a subdivision to occur on property without a public hearing before the Land Use Authority if: (a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (A) owned by the petitioner; or (B) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local ordinance. Page 110 of 119 City Council PL-II-218 Archland Townhomes Lot I , Rock 9 of the Moab Townsite 2 (3) Each request to vacate or amend a plat that contains a request to vacate or amend a public street, right-of-way, or easement is also subject to Section 10-9a- 609.5. (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4)(a) who consents to the petition. The change in this section of state law effectively does away with minor subdivisions. This application follows all of the requirements listed in state law and allows for a subdivision to create additional lots on a minor level. The Moab Municipal Code will still be in effect for large divisions. p:\planning department \2011\correspondence \pI-II-218 cc archland th sub.docx Page 111 of 119 CITY OF MOAB SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK PRELIMINARY PLAT APPLICATION 'A PRE -APPLICATION MEETING WITH CITY STAFF IS REQUIRED FOR THIS APPLICATION' STAMP FOR TT USE ONLY TO BE FILLED OUT BY APPLICANTDATE t e- .S 11 PROJECT NAME (if any): � L(4 L A- Ai 4 J C <Ax) G`% vt o PROJECT STREET ADDRESS I % ti �7 c^ 300 OR ACCESS STREET: FOR CITY USE ONLY APPLICATION NUMBER: DATE RECEIVED: APPLICATION FEE: T TREASURER'S RECEIPT NUMBER: All applications are subject to review by city staff for completeness. Staff will notify the applicant of deficiencies or completeness within fifteen days. SUBMITTAL REQUIREMENTS APPLICATION One original (which must contain an original signature of owner/agent) FULL-SIZE DRAWINGS EIGHT (8) copies of the required drawings must be provided. Drawings must be 18" x 24" or 24" x 36" in size. REDUCED DRAWINGS TWO (2) copies of the drawings reduced to 8.5" x ll" or ll" x 17" must be provided. FEES Preliminary Plat - $200.00 plus $25.00 per lot ATTACHED SUBMITTAL CHECKLIST Please refer to attached Submittal Checklist for further information. Note: when submitting this application, please do not copy or include the Submittal Checklist sheets attached to the back of this application. REQUIRED SIGNATURES (sign & date) Public Works Director Fire Chief City Engineer Building Inspector City Planner Streets Superintendent Zoning Administrator Water & Sewer Superintendent City Manager City Recorder ..mm.m. DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET • MOAB, UTAH • 84532 Phone: (435) 259-5129 • Fax: (435) 259-4135 • E-mail: info @moabcity.org Webl3ie 1w�ua€i t71�abcity.org CITY OF MOAB SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK A. GENERAL INFORMATION 1. Name of property owner: %1-16127:4-14,7 Address: %h V 5 300 Z-= �' /— Z tge.2P16 � q (, 2 t{.i 3 Z Phone: 303 — 5 r -- C.? Fax: t%r'f1'7`av Name of property owner: Address: Phone: E-mail: c.r t,:..V 2-°°° C rn-1 E-mail: Fax: Attach additional owner information if necessary. If the owner(s) of record as shown by the county assessor's office is (are) not the agent, the owner's (owners') signed and notarized authorization(s) must accompany this application. 2. Applicant or contact person: Address: Phone: /q»-st. Ti-It] 3. Name of land surveyor: Address: Phone: E-mail: Fax: k e Ce �44' 5 A.0 (15 E-mail: 4. Description of proposal: Fax: Cr-r? OYI Q e t-d f-4 G o i- jilt° 3 Deed pcA GO 7`s S fie76_414,4)&4,4 by /-lerrneowrAss0Q,; �v a --x b64; I01; , y ° E J` s; b y 1-70.1.0 A2e 5. Does the property/site contain hillside slopes over 25%? 6. Does any portion of the property/site reside in the FC-1 flood zone? 7. Are any restrictive covenants existing or proposed? (If yes, please attach.) 8. Are there underlying/overlying agreements on the property? ❑ yes eCrf C ❑ yes 2 no ❑ unknown gj no ❑ unknown j2tayes Ono t. ❑ yes ❑ no fE\unknown DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET • MOAB, UTAH • 84532 Phone: (435) 259-5129 • Fax: (435) 259-4135 • E-mail: info @moabcity.org Weboisge yqw .irigabcity.org 6 CITY OF MOAB SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK SUBDIVISION APPLICATION SUPPLEMENTARY INFORMATION SUBMITTAL DOCUMENTS A complete application shall include the items listed below (unless waived in writing by the director or project manager): ❑ Completed application form provided by the city containing the original signatures of all property owners; ❑ Notarized Owner/Applicant agreement signed by all owners in the event the owners designate an agent to act in their stead; ❑ Narrative describing the project (number and size of lots, total acreage, etc) including proposed types of uses, time frame for completion of improvements, how development complies with the development code and general plan. Please include correspondence with other governmental agencies and utility providers. ❑ Eight (8) copies of the composite site plan/plat for review, must be 24" x 36" in size with a minimum scale of 1" = 100' ❑ Two (2) copies of reduced drawings, 11" x 17" or 8.5" x 11" ❑ Vicinity map showing the proposed project site and major city streets (map shall, at a minimum, cover the section in which the project is located); ❑ An application fee in the amount of specified by the fee schedule, check made payable to the City of Moab; ❑ Stamped envelopes addressed to all property owners within 300 feet of the subject property boundary lines; ❑ Weather resistant sign no smaller than 36" x 48" securely attached to the ground via a pole posted on the property by the applicant at least three (3) days prior to the public hearing; DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET • MOAB, UTAH • 84532 Phone: (435) 259-5129 • Fax: (435) 259-4135 • E-mail: info@moabcity.org Website: www.moabcity.org Page 114 of 119 Lq CITY OF MOAB SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK If yes, check as appropriate and provide a copy of the decision document: ❑ Conditional Use Permit ❑ Zoning Variance ❑ Planned Unit Development ❑ Other: Under which jurisdiction was the approval given? ❑ City of Moab ❑ Grand County Approval date: I hereby certify that I have read this application and know the same to be true and correct. i%l _ *Signature of owner or a 6�ed agent / 14 2 ► tl.� �2 t,t 1)/0 Please Print Name Date *Signature of owner or authorized agent Date Please Print Name *If signatory is not the owner of record, the attached "Owner/Agent Agreement' must be signed and notarized DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET • MOAB, UTAH • 84532 Phone: (435) 259-5129 • Fax: (435) 259-4135 • E-mail: info @moabcity.org Web=sitp? 1ACIAafvIrt9Dabcity.org 1 `EbONt 'an66 's Nu.avvt a3 ',lliO 9VOYt .1 `L N06.03S 3 6 >0018 NNE% Pt. wire )-na,4 V L kolos T41 LY O31y4O1 St X1d2d0i,le. atavas 311.; g 44u3N,40 311014 3H: ON;Y1N07f ONY O3WAC 39 01 Si Ni.YE 013xtiriz 3'? 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AowX. ♦♦ 07,7➢ RZINJJL1 NOI. c1.12,753O. 7N9.9'7 I 11O7 T Waro a /11.1 c) MIAS a zeai F 13v yencc ac8 n�jl 050, s � w TIVOS JIINV210 Page 117 of 119 Page 118 of 119 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 Fax NUMBER (435) 259-4135 To: From: Donna Metzler, City Manager Date: September 9, 2011 Subject: Discussion regarding Long Range Water Projects MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREYA. DAVIS SARAH BAUMAN KIRSTIN PETERSON GREGG W. STUCK! Honorable Mayor and City Council **************************************************************************************************** The Moab Area Watershed Partnership (MAWP) will be meeting this week. One of the tasks of the Partnership is to compile a list of possible long range water and water quality projects. The idea is to create a broad understanding of the area's water and water quality needs, and to be in a position to prioritize projects, seek funding and determine possible collaborations. The first step in this endeavor is to get information from each of the members of the Partnership. It would be good for the City Council to think about possible long range projects to put on the large list. Based on the City's 20- Year Capital Projects Plan, and other resources the City may consider adding the following to MAWP's list : 1. Update of the City's Water Conservation Plan 2. Consideration and Possible Implementation of a Water Conservation Rate 3. Finalization of Wastewater Treatment Plant Facilities Master Plan 4. Negotiation with Grand Water and Sewer for Long Term Wastewater Treatment Plant Services 5. Review and Update of the City's Drinking Water Source Protection Plan 6. Update of the City's Water Rights 7. Update of the City's Water and Sewer Impact Fee Analyses 8. Update of the City's Stormwater Drainage Plan 9. Upgrade and Compliance Modifications to Waste Water Treatment Plant 10. Participation in large scale water quality and quantity aquifer study. 11. Construction of water and sewer lines along Hwy 191 to Lions Park 12. Sewer System modeling 13. Water System modeling If there are other items that should be on this list, we can place them on and submit the list to the MAWP this week. ADM-MEM-11-09-002 Page 119 of 119