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HomeMy Public PortalAboutPKT-CC-2012-09-11CITY OF MOAB September 11, 2012 JOINT WORKSHOP 6:00 PM PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 85 Page 2 of 85 Moab Co►nw►unity Meetings September 2012 September 2012 5 M T W T F 5 5 M October 2012 T W T F 5 2 3 4 9 10 11 16 17 18 23 24 25 30 1 1 5 6 7 8 7 8 12 13 14 15 14 15 19 20 21 22 21 22 26 27 28 29 28 29 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 31 iiinii 0 n v N n n w m v Monday Tuesday Wednesday Thursday Friday Sep 3 4 5 6 7 3:00pm GC Council Work 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 7:00pm GC Council 7:00pm CV-PLUC 3:30pm MARC 4:00pm GCSWSSD 5:30pm MMAD 7:00pm GWSSA 10 11 12 13 14 12:30pm GCCOA 4:00pm GCWB 6:00pm GCAB 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD 5:00pm GCCMD 6:30pm Moab CC 12:00pm HASUB 6:00pm GC PC 6:00pm TSSSFD 7:00pm TSSD 3:00pm SFSC 5:00pm GCLB 6:30pm Moab PC 7:00pm CVFP 17 18 19 20 21 3:00pm GC Council Work 7:00pm GC Council 12:00pm CIB Meeting (Grand Center) 6:00pm GCSDBE 6:00pm GCRSSD 6:30pm CVTC 5:30pm MATCAB 24 25 26 27 28 12:00pm MTPSC 5:00pm SEUDHD 6:30pm Moab CC - 6:00pm GC PC 5:30pm CHCSSD Moab City Recorder's Office 1 9/7/2012 4:40 PM Page 3 of 85 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendarAzoiz\Community Calendar\zoiz calendar entities.xlsx Page 4 of 85 Moab City Recorder's Office Moab Co►nw►unity Meetings O ct o b e r 2012 October W 2012 5 M T T F 5 5 M November 2012 T W T F 5 1 2 7 8 9 14 15 16 21 22 23 28 29 30 3 4 5 6 10 11 12 13 4 5 17 18 19 20 11 12 24 25 26 27 18 19 31 25 26 1 2 3 6 7 8 9 30 13 14 15 16 17 20 21 22 23 24 27 28 29 30 Ln o ;Li t O m t; O N N N ti o z 0 Monday Tuesday Wednesday Thursday Friday Oct 1 2 3 4 5 4:00pm GCWB 6:00pm GCAB 3:00pm GC Council Work 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 7:00pm GC Council 7:00pm CV-PLUC 3:30pm MARC 4:00pm GCSWSSD 5:30pm MMAD 7:00pm GWSSA 8 9 10 11 12 12:30pm GCCOA 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD 5:00pm GCCMD 6:30pm Moa 12:00pm HASUB 6:00pm GC PC 6:00pm TSSSFD 7:00pm TSSD 5:00pm GCLB 6:30pm Moab PC 7:00pm CVFP 15 16 17 18 19 3:00pm GC Council Work 7:00pm GC Council 6:00pm GCSDBE 6:00pm GCRSSD 6:30pm CVTC 5:30pm MATCAB 22 23 24 25 26 12:00pm MTPSC 6:00pm GC PC 5:30pm CHCSSD 6:30pm Moab PC 6:30pm Moab CC 29 30 31 Nov 1 2 Moab City Recorder's Office 2 9/7/2012 4:40 PM Page 5 of 85 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendarAzoiz\Community Calendar\zoiz calendar entities.xlsx Page 6 of 85 Moab City Recorder's Office 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 11, 2012 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:00 p.m. JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 July 31, 2012 1-2 September 7, 2012 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 Status Update from Steve Hawks, Executive Director of USU Moab Regional Campus, Regarding Utah State University Moab Campus Project SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) 5-1 Public Input on a Petition to Vacate, Alter or Amend a Subdivision Plat in the Mulberry Grove Planned Unit Development SECTION 6: NEW BUSINESS 6-1 Proposed Resolution #13-2013 — A Resolution Amending the Fiscal Year 2012- 2013 Annual Budget 6-2 Approval of a Request by Ali Lingel for an Amplified Music Event at Old City Park on September 29, 2012 Page 7 of 85 6-3 Approval of a Special Event License for Christy Williams to Conduct the Women's Congress for Future Generations on September 30, 2012 at Swanny City Park 6-4 Approval of Special Use of Swanny City Park for Women's Congress for Future Generations on September 30, 2012 6-5 Approval of a Special Business Event License for Moab Folk Festival to Conduct a Music Event on November 1 through 4, 2012 at Various Locations 6-6 Approval of a Class IV Special Event Beer License for Eric Jones to Conduct the Moab Folk Festival on November 1 through 4, 2012 at the Center Street Ballfield 6-7 Approval of Special Use of Center Street Ballfield for the Moab Folk Festival on November 1 through 4, 2012 6-8 Conditional Approval of a Park Alcohol Permit for the Moab Folk Festival at the Center Street Ballfield November 1 through 4, 2012 6-9 Approval of Local Consent for a Temporary Special Event Beer Permit for Friends of the Moab Folk Festival to Conduct a Music Festival November Ito 4, 2012 at the Center Street Ballfield 6-10 Approval of a Contract by and between the City of Moab and the State of Utah for the Business Expansion and Retention (BEAR) Program 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 8 of 85 DRAFT ORDINANCE #2012-11 AN ORDINANCE TO AMEND TITLE 17.00 OF THE MOAB LAND USE CODE, SPECIFICALLY CHAPTERS 17.15, 17.42, 17.45, 17.48, and 17.51 AND THOSE SECTIONS DEALING SPECIFICALLY WITH THE AREA, WIDTH, AND LOCATION REQUIREMENTS FOR RESIDENTIAL USES WHEREAS, the City of Moab ("City")adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") in an effort to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and WHEREAS, it was identified by City Staff (Staff) and the Planning Commission ("Commission") that specific area, width and location requirements for residential uses in the R-2, R-3, and R-4 zones acted as barriers to affordable housing and contributed to costly sprawl; and WHEREAS, Staff and the Planning Commission recognize that the residential districts have been established in order to secure for the persons who reside in them a comfortable, healthy, safe, and pleasant environment, sheltered from incompatible and disruptive activities and to encourage a diversity of housing options; and WHEREAS, Staff and the Planning Commission have requested from Moab City Council ("Council") amendments to code chapters 17.15, 17.42, 17.45, 17.48, and 17.51 that deal with area, width and location requirements, for the residential zones; and, WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on , 2012, to hear and decide the merits of said amendment; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff favorably recommends to Council that the suggested amendment be adopted; and, WHEREAS, Council held a duly advertised public hearing during a regularly scheduled meeting to hear public evidence and review the recommendations from Staff and the Planning Commission on , 2012; and, WHEREAS, Council desires to encourage affordable housing in our community for all residents regardless of physical or mental health, race, or socio-economic level; and WHEREAS, Council desires to encourage a compact, more sustainable type of development to reduce sprawl, inefficient use of utilities, and reduced maintenance costs to the city for infrastructure. NOW, THEREFORE, Council hereby declares and ordains that the following changes are adopted and the specified code chapters and sections are amended as noted below: CHAPTER 17.15 ESTABLISHMENT OF ZONES Sections: 17.15.010 Scope and applicability. 17.15.020 Districts established. Page 9 of 85 WORKSHOP 17.15.030 Official zoning map. 17.15.040 Zone boundaries 17.15.050 Temporary zoning of annexed territory. 17.15.060 Residential area regulations summary. 17.15.010 Scope and applicability. The regulations of this chapter shall apply to all lands located within the corporate limits of the city. All lands, buildings, structures or appurtenances thereon located within the city that are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as provided in this chapter. 17.15.020 Districts established. In order to implement the general plan and the other purposes and provisions of this title, the city, is divided into residential, commercial, agricultural, industrial, and flood hazard zoning districts. The regulations as set out herein are uniform throughout each district. (a) Purpose for Zone Districts. (1) Residential Districts. In order to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities and to encourage a diversity of housing options, the following residential districts are established. Residential Zones Abbreviated Designation Zoning District Code Chapter R-1 Single- family Residential Zone 17.42 R-2 Two-family Residential Zone 17.45 R-3 Multi -family Residential Zone 17.48 R-4 Manufactured Housing Residential Zone 17.51 RA-1 Residential -Agricultural Zone 17.54 MH/RV-1 Mobile Home/Recreational Vehicle Parks Zone 17.35 Commercial Zones C-1 Commercial -Residential Zone 17.20 C-2 Commercial -Residential Zone 17.21 C-3 Central Commercial Zone 17.24 C-4 General Commercial Zone 17.27 C-5 Neighborhood Commercial Zone 17.30 RC Resort Commercial Zone 17.31 SAR Sensitive Area Resort Zone 17.32 Agricultural Zones A-2 Agricultural Zone 17.18 Industrial I-1 Industrial Zone 17.36 Flood Hazard FC-1 Flood Channel Zone 17.33 17.15.020 Official zoning map. Page 10 of 85 WORKSHOP A. The location and boundaries of each of the zones are shown on the official zone map of the city, and said map is declared to be an official record and a part of this title. B. Whenever amendments or changes are made in zone boundaries, such amendments or changes shall be promptly made on the official subsequent to approval by city council. No amendment or change shall become effective until after it has been properly posted and attested to on the official zone map. C. No changes of any nature shall be made in the official zone map, except in conformity with the procedure set forth in this title. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this title and punishable as provided in this title. D. Regardless of the existence of purported copies of the official zone map which may from time to time be made or published, the official zone map, which shall be located in the office of the city recorder, shall be the final authority in determining current zoning status. 17.15.030 Zone boundaries. Where uncertainty exists with respect to the boundaries of various zones, the following rules shall apply: A. Where the intended boundaries on the zone map are approximately street or alley lines, said street or alleys shall be construed to be the zone boundaries. B. Where the indicated boundaries are approximately lot lines, said lot lines shall be construed to be the zone boundaries, unless otherwise indicated. C. Where land has not been subdivided into lots, the zone boundary shall be determined by the use of the scale of measurement shown on the map. D. Where other uncertainty exists, the appeal authority shall interpret the map. (Prior code § 27-5-3) (Ord. No. 10-06, 11-9-10) 17.15.040 Residential Area regulations summary. (a) Schedule of Residential Area Regulations. The following residential area regulations schedule summarizes the regulations of this code with regard to minimum lot size, minimum yards, maximum lot coverage, minimum floor area per dwelling unit, and maximum building height of residential uses in the various zoning districts. The standards shown in the following schedule may be modified by additional provisions contained in this section or in the individual district regulations. In the event of any conflict between the text of this section and the schedule of residential area regulations, the text shall control. Page 11 of 85 7VORKSHOP Residential Area Regulations Development Standard R-1 R-2 R-3 R-4 RA-1 Single-family Dwelling Minimum Lot Area/unit (sq ft) 10,000 5,000 5,000 5,000 43,560 Minimum Front Yard (ft) 25* 20 15 15 25* Minimum Side Yard, first side (ft) 10(1) 7 7 7 10 Minimum Side yard, second side (ft) 14 7 7 7 14 Minimum Side Yard, Corner 20 15 12 12 25 Minimum Rear Yard Inter. (ft) 15 12 12 10 25 Minimum Rear Yard Corner (ft) 25+ 15 15 8 20 Max Lot Coverage (%) - 60 60 60 - Max. Height (ft) 40 30 30 25 40 Min. Lot Width (ft) 90 50 50 50 125 Minimum Ground Floor Area/Structure (sq ft) 1,200 500 500 500 1,000 Duplex or Two-family Dwelling Minimum Lot Area/unit (sq ft) - 3,000 sq ft/dwelling 2,500 sq ft/dwelling 2,500 sq ft/dwelling - Minimum Front Yard (ft) - 20 15 15 - Minimum Side Yard, first side (ft) - 7 7 7 - Minimum Side yard, second side (ft) - 7 7 7 - Minimum Side Yard, Corner - 15 12 12 - Minimum Rear Yard Inter (ft) - 12 12 10 - Minimum Rear Yard Corner (ft) - 15 15 8 - Max Lot Coverage (%) - 60 60 60 - Development Standard R-1 R-2 R-3 R-4 RA-1 Duplex or Two-family Dwellin (continued) Max. Height (ft) - 30 30 25 - Page 12 of 85 IWORKSHOP Residential Area Regulations (continued) Min. Lot Width (ft) - 50 50 50 - Minimum Ground Floor Area/unit (sq ft) - 500 500 500 - Three, Four, Five or Six -family Dwelling Minimum Lot Area/unit (sq ft) - 2,000 sq ft/dwelling 1800 sq ft/dwelling - Minimum Front Yard (ft) - 15 15 - Minimum Side Yard, first side (ft) - 7 7 - Minimum Side yard, second side (ft) - 7 7 - Minimum Side Yard, Corner 12 12 - Minimum Rear Yard Inter (ft) 12 10 - Minimum Rear Yard Corner (ft) 15 8 - Max Lot Coverage (%) 60 60 - Max. Height (ft) 30 25 - Min. Lot Width (ft) 50 50 - Minimum Ground Floor Area/unit (sq ft) 300 250 - * Or fifty-five feet from the centerline of any public street, whichever is greater. + For dwellings having an attached garage or carport the setback shall not be less than twenty feet. (1) Total of the two side setbacks shall be at least twenty-four feet. (2) For the purpose of determining front, side and rear setback requirements any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. (3) The minimum distance between dwellings located on the same or adjoining lots shall be sixteen feet and that the total width of the two side yards shall be not less than one-third of the frontage of the dwelling or other main building. Furthermore, the title for Chapter 17.42, shall be amended to read R-1 Single-family Residential Zone. AND, the title for Chapter 17.45, shall be amended to read R-2 Two-family Residential Zone, AND, Section 17.45.030 Area requirement shall be amended to read: "An area of not less than five thousand square feet shall be provided and maintained for each one -family dwelling and uses thereto. For two-family dwellings the lot size shall consist of a minimum of three thousand square feet per dwelling. For child day care centers and foster family care homes the building site shall contain at least ten thousand square feet. An area of not less than five acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. All church buildings shall have a building site area in which the area of the building is equal to Page 13 of 85 WORKSHOP or less than twenty percent of the total parcel size area." AND, Section 17.45.040 Width requirements shall be amended to read: "The minimum width of any building site for a one -family dwelling or other building shall be fifty linear feet, measured at a distance of twenty-five feet back from the front lot line. " AND, Section 17.45.050 Location requirements, shall be amended to read: A. Front Setback. The minimum front setback for main buildings shall be twenty feet. The minimum front setback for fences, walls and hedges which do not exceed six feet in height along those properties that front on 3rd South, 4th East, 4th North and 5th West shall be twenty feet. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided, that the minimum distance between dwellings located on the same or adjoining lots shall be ten feet On corner lots, the side yard which faces on a street shall be not less than fifteen feet or 75% of the front yard setback. C. Rear setback. The minimum rear setback for any main building shall be twelve feet. AND, Section 17.45.060 Special provisions, B. shall be amended to read: B. The ground floor area of all dwellings shall be at least five hundred square feet. AND, the title for Chapter 17.48, R-3 RESIDENTIAL ZONE shall be amended to read R-3 Multi family Residential Zone. AND, Section 17.48.030 Area requirements, shall be amended to read: An area of not less than five thousand square feet shall be provided and maintained for each one -family dwelling and duplexes or two-family dwellings All other multi -family development shall provide a minimum of two thousand square feet per unit for three-family dwellings and above. Schools, churches, boarding houses and other main buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area. An area of not less than three acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. AND Section 17.48.040 Width requirements, shall be amended to read: The minimum width of any building site for a one -family dwelling or other buildings shall be fifty linear feet measured at a distance twenty-five feet back from the front lot line. AND, Section 17.48.050 Location requirements, shall be amended to read: Page 14 of 85 WORKSHOP A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. The minimum setback for accessory buildings shall be at least twelve feet in the rear of the main building. No accessory building shall be constructed on a lot prior to the main building. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided that the minimum distance between dwellings located on the same or adjoining lots shall be more than ten feet. On corner lots, the side yard that faces on a street shall be not less than twelve feet. C. Rear Setback. The minimum rear setback for any main building shall be twelve feet. D. The minimum side setback for accessory buildings on interior and corner lots is listed in Section 17.09.560, accessory use or structure and shall be located a distance of at least twelve feet to the rear of any dwelling. AND, the title for Chapter 17.51, R-4 RESIDENTIAL ZONE shall be amended to read R-4 Manufactured Housing Residential Zone. AND, Section 17.51.030 Area requirements, shall be amended to read: "An area of not less than five thousand square feet shall be provided and maintained for each one -family dwelling. Two thousand five hundred square feet shall be provided for each unit of a duplex or two-family dwelling and one thousand eight hundred square feet shall be provided for each unit in a tri-plex or three-family or more dwelling. For child day care centers the building site shall contain at least ten thousand square feet. An area of not less than three acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. All non-residential uses such as church buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area. The area required to meet minimum off-street parking requirements shall not be included in the calculation of the total parcel size. AND, Section 17.51.040 Width requirements, shall be amended to read: The minimum width of any building site for a dwelling shall be fifty linear feet. AND, Section 17.51.050 Location requirements, shall be amended to read: A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. The minimum setback for accessory buildings shall be at least twelve feet in the rear of the main building. No accessory buildings shall be constructed on a lot prior to the main structure. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided, that the minimum distance between dwellings located on the same or adjoining lots shall be ten feet On corner lots, the side yard that faces on a street Page 15 of 85 WORKSHOP shall be not less than twelve feet. C. Rear Setback. The minimum rear setback for any main building shall be ten feet. On corner lots, the rear setback shall be not less than eight feet. D. The minimum side setback for accessory buildings on interior and corner lots is listed in Section 17.09.560, accessory use or structure and shall be located a distance of at least twelve feet to the rear of any dwelling. AND, Section 17.51.060 Special provisions, shall be amended to read: The following special provisions shall apply in this zone in order to protect its essential characteristics and to promote the purposes of this title: A. For the purposes of determining front, side and rear setback requirements, any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. B. The ground floor area of all dwellings shall be at least five hundred square feet. C. The maximum permitted density of planned unit developments shall be eight dwelling units per acre, up to a maximum of ten units per acre utilizing affordable housing density bonuses. D. The minimum building site for a mobile home park and mobile home subdivision shall be not less than ten acres. In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the _ day of , 2012. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Page 16 of 85 I WORKSHOP Comparison of Current Moab Code with Ordinance #2012-11 Residential Area Regulations Development Standard R-2/ Ordinance 2012-11 R-3/ Ordinance 2012-11 R-4/ Ordinance 2012-11 Single-family Dwelling Minimum Lot Area/unit (sq ft) 7,200/5,000 7,200/5,000 7,200/5,000 Minimum Front Yard (ft) 25/20 25/15 25/15 Minimum Side Yard, first side (ft) (1) 817 8/7 W7 Minimum Side yard, second side (to (1 j/7 or or Minimum Side Yard, Corner 15/15 12/12 12/12 . Minimum Rear Yard Inter. (to 15/12 15/12 15/10 Minimum Rear Yard Corner (ft) 15 15 8 Max Lot Coverage (%) 100/60 100/60 100/60 Max. Height (to 40/40 40/30 40/30 Min. Lot Width (to 75/50 75/50 60/50 Minimum Ground Floor Area/Structure (sq ft) N/A/500 700/500 700/500 Duplex or Two-family Dwelling Minimum Lot Area/unit (sq ft) 5,000/3,000 7,200+ 2,000/additionaV 7,200+2,000/additiona1/2,500 Minimum Front Yard (ft) 25/20 25/ 25/15 Minimum Side Yard, first side (ft) 8T- 8/" 8J7 Minimum Side yard, second side (ft) (1y7 or (1u7 Minimum Side Yard, Corner 20/15 20/12 15/12 Minimum Rear Yard Inter (ft) 15/12 15/12 15/10 Minimum Rear Yard Corner (to 15 15 8 Max Lot Coverage (%) 100/60 100/60 100/60 Max. Height 00 40/30 40/30 40/25 Page 17 of 85 IWORKSHOP Comparison of Current Moab Code with Ordinance #2012-11 Residential Area Regulations (continued) Min. Lot Width (n) 75/50 75/5f, 60/50 Minimum Ground Floor Area/unit (sq ft) 700/500 700/500 700/500 Three, Four, Five or Six -family Dwe ling Minimum Lot Area/unit (sq ft) 7,200+ 2,000/additional/ 2,000 sq ft/dwelling 7,200+ 2,000/additional/ sq ft/dwelling Minimum Front Yard (ft) 25/15 25/15 Minimum Side Yard, first side ((t) 817 8/7 Minimum Side yard, second side (ft) (1y7 (1y7 Minimum Side Yard, Corner 20/12 15/12 Minimum Rear Yard Inter (ft) 15/12 15/10 Minimum Rear Yard Corner ((t) 15 8 Max Lot Coverage (%) 100/60 100/60 Max. Height (n) 40/30 40/25 Min. Lot Width (n) 75/50 60/50 Minimum Ground Floor Area/unit (sq ft) 700/300 700/250 ' Or fifty-five feet from the centerline of any public street, whichever is greater + For dwellings having an attached garage or carport the setback shall not be less than twenty feet. (1) Total of the two side setbacks shall be not less than one-third of the frontage of the dwelling or other main building. Page 18 of 85 WORKSHOP MOAB CITY COUNCIL REGULAR MEETING July 31, 2012 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kyle Bailey, Jeffrey Davis and Gregg Stucki; City Treasurer Jennie Ross, City Engineer Rebecca Andrus, Public Works Director Jeff Foster, Police Chief Mike Navarre, City Planner Jeff Reinhart, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM. Sixteen (16) members of the audience and media were present. Councilmember Stucki moved to approve the Regular City Council Minutes of June 12, June 26 and July 10, 2012. Councilmember Davis seconded the motion. The motion carried 3-0 aye. There were no Citizens to Be Heard. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Andrus distributed a copy of supplemental information for a water rights protest. City Engineer Andrus then stated that she had attended a final walk-through for the Highway 191 bike path project. Councilmember Bailey inquired if the monitor wells for the Glen Canyon Aquifer were being monitored. City Engineer Andrus stated that the wells were being monitored but that she did not have access to the data. City Engineer Andrus stated that she would pursue getting access to the monitoring data. Under Planning Department Update, Planning Director Reinhart stated that two more Certificates of Occupancy had been issued for the Cinema Court affordable housing project. Planning Director Reinhart then distributed a flyer regarding the General Plan Update Process. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that the annual Chip Seal Project was completed and that the Trip Hazard Project would begin soon. Councilmember Bailey moved to approve Proposed Ordinance #2012-12 — An Ordinance Amending Moab Municipal Code Sections 5.09.010, 5.20.660 and 12.20.040 Pertaining to the Serving, Sale and Consumption of Alcohol in Parks, Public Buildings and Other Public Places with additions. Councilmember Bailey seconded the motion. The motion carried 3-0 aye. Councilmember Bailey moved to approve a Special Event License for Canyonlands Community Recycling to Conduct a Fundraising Event on November 17, 2012 at the Grand Center. Councilmember Davis seconded the motion. The motion carried 3-0 aye. REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PROPOSED ORDINANCE #2012- 12 APPROVED WITH ADDITIONS SPECIAL EVENT LICENSE FOR CANYONLANDS COMMUNITY RECYCLING, APPROVED July 31, 2012 pPawei of 45 1-1 Councilmember Davis moved to approve Local Consent for a Single Event Alcohol Permit for Canyonlands Community Recycling to Conduct a Fundraising Event at the Grand Center on November 17, 2012. Councilmember Davis seconded the motion. The motion carried 3-0 aye. Councilmember Davis moved to approve a Class IV Retail Beer License for Canyonlands Community Recycling to Conduct a Fundraising Event at the Grand Center on November 17, 2012. Councilmember Bailey seconded the motion. The motion carried 3-0 aye. Councilmember Davis moved to approve Local Consent of a Restaurant On -Premise Retail Alcohol License for Cabo Grill Located at 396 South Main Street. Councilmember Bailey seconded the motion. The motion carried 3-0 aye. Councilmember Bailey moved to table a Request to Send Proposed Ordinance # 2012-11— An Ordinance to Amend Title 17.00 of the Moab Land Use Code, Specifically Chapters 17.15 17.42 17.45 17.48 and 17.51 and Those Sections Dealing Specifically with the Area Width and Location Requirements for Residential Use to Public Hearing. The motion died for lack of a second. Councilmember Davis moved to approve a Request to Send Proposed Ordinance # 2012-11— An Ordinance to Amend Title 17.00 of the Moab Land Use Code, Specifically Chapters 17.15 17.42 17.45 17.48 and 17.51 and Those Sections Dealing Specifically with the Area Width and Location Requirements for Residential Use to Public Hearing. Councilmember Stucki seconded the motion. The motion failed 2-1 aye with Councilmember Bailey voting nay. Councilmember Stucki moved to approve an Agreement by and between the City of Moab and Four Corners Behavioral Health Providing for the Administration of Community Development Block Grant Funds for the Expansion of the Willows Apartments. Councilmember Bailey seconded the motion. The motion carried 3-0 aye. Councilmember Bailey moved to approve a Request to Send Proposed Resolution #13-2013 —A Resolution Amending the Fiscal Year 2012-2013 Annual Budget to Public Hearing. Councilmember Stucki seconded the motion. The motion carried 3-0 aye. Councilmember Davis moved to approve Proposed Resolution #14-2012 — A Resolution Amending the City of Moab Health Reimbursement Account (HRA) Plan. Councilmember Bailey seconded the motion. The motion carried 3-0 aye. Councilmember Davis moved to approve Proposed Resolution #15-2012 — A Resolution Amending the City of Moab Cafeteria Plan. Councilmember Stucki seconded the motion. The motion carried 3-0 aye. Under Reading of Correspondence, Mayor Sakrison read a letter from a citizen commending Animal Control Officers Jamie Hulce and Janette Woodruff. LOCAL CONSENT FOR A SINGLE EVENT ALCOHOL PERMIT FOR CANYONLANDS COMMUNITY RECYCLING, APPROVED CLASS IV RETAIL BEER LICENSE FOR CANYONLANDS COMMUNITY RECYCLING, APPROVED LOCAL CONSENT FOR AN ON - PREMISE RETAIL ALCOHOL LICENSE FOR CABO GRILL, APPROVED MOTION TO TABLE PROPOSED ORDINANCE #2012-11 DIED FOR LACK OF A SECOND MOTION TO SEND PROPOSED ORDINANCE #2012-11 TO PUBLIC HEARING, FAILED AGREEMENT BETWEEN CITY OF MOAB AND FOUR CORNERS BEHAVIORAL HEALTH, APPROVED PROPOSED RESOLUTION #13- 2013 SENT TO PUBLIC HEARING PROPOSED RESOLUTION #14- 2012, APPROVED PROPOSED RESOLUTION #15- 2012, APPROVED READING OF CORRESPONDENCE July 31, 2012 PPatit€2?) Of i5 1-1 Under Administrative Report, City Manager Metzler stated that she and City Recorder Stenta had been closing the previous fiscal year's budget, were prepping for the annual audit and had submitted the current year's budget to the State Auditor's office. City Manager Metzler then stated she would be out of the office the next Thursday through the following Monday. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Councilmember Davis stated that the Council had not received an update on the Utah State University project. City Manager Metzler stated that she will arrange for a project update. There were no bills to pay against the City of Moab. Councilmember Stucki moved to adjourn. Councilmember Davis seconded the motion. The motion carried 3-0 aye. Mayor Sakrison adjourned the Regular Council Meeting at 7:30 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED ADJOURNMENT July 31, 2012 iP>ii€21 Of §5 ID MOAB CITY COUNCIL SPECIAL JOINT MEETING September 7, 2012 The Moab City Council held a Special Joint City/County Council Meeting on the above date at the Council Chambers of the Grand County Courthouse, located at 125 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 11:31 AM. In attendance were Councilmembers Kyle Bailey, Kirstin Peterson, Jeffrey Davis and Gregg Stucki. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, Public Works Director Jeff Foster and Administrative Analyst /Economic Development Specialist Kenneth F. Davey. In attendance for Grand County were Councilmembers Gene Ciarus, Ken Ballantyne, Jim Nyland, Pat Holyoak, Chris Baird and Audrey Graham. Moab Regional Hospital CEO Roy Barraclough made a presentation regarding possible funding sources in support of Moab Regional Hospital's efforts to be eligible for participation in the Medicaid Disproportionate Share (DSH) Program. Discussion followed. Mayor Sakrison made a presentation regarding issues concerning the Atlas tailings pile cleanup. Discussion followed. SPECIAL MEETING & ATTENDANCE PRESENTATION AND DISCUSSION PRESENTATION AND DISCUSSION Mayor Sakrison adjourned the Special Meeting at 1:35 PM. ADJOURNMENT APPROVED: ATTEST: David L. Sakrison Mayor Rachel E. Stenta City Recorder/Asst. City Mgr. September 7, 2012 Page 1 of 1 Page 22 of 85 m CITY OF MOAB PUBLIC HEARING PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT MULBERRY GROVE PLANNED UNIT DEVELOPMENT Moab City will hold a public hearing to solicit input on a petition to vacate, alter or amend a subdivision plat in the Mulberry Grove Planned Unit Development. The hearing will begin at 7:13 P.M. and will be held Tuesday, September ii, 2012 at Moab City Hall, 217 East Center Street. Further information can be obtained at www.moabcity.org or by calling the Moab City Planning Department at: 239-3129• In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during these hearings should notify Rachel Stenta at the City at least three days prior to the hearing that will be attended. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, August 3o and September 6, 2012. Page 23 of 85 in City of Moab Planning and Zoning Department Correspondence August 16, 2012 To: Honorable Mayor and Members of Council From: Jeff Reinhart, Planner Subject: Request to Send to Public Hearing a Petition to Vacate, Alter or Amend a Subdivision Plat in the Mulberry Grove Planned Unit Development as Submitted by Susie Harrington Background An amendment to the final plat of the Mulberry Grove PUD has been submitted to the City by Susie Harrington of the Mulberry Lane Community, LLC. The plat reflects minimal adjustments to allow for minor realignments in the trail system as required because of the installation of utilities and as required by the Fire Department for easier access into the property. The application for this plat amendment satisfies the dimensional requirements of the PUD regulations and the approved plat. The utility easements have been enhanced to include the locations of constructed sewer and water lines. Exhibit A indicates the amendments to the property lines and Exhibit B is the recordable plat. Discussion The modifications to the plat fall under the guidelines of State Code Chapter 10-9a- 608(b)(ii) that state that the land use authority shall hold a public hearing within 45 days after the day on which the petition is filed if: (i) any owner within the plat notifies the municipality of the owner's objection in writing within 10 days of mailed notification; or (ii) a public hearing is required because all of the owners in the subdivision have not signed the revised plat; Because all owners in the subdivision have not signed the revised plat, it is necessary for City Council to hold a public hearing prior to taking action on the petition. 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AF».WNn1»....n L.... ON3031 ut.< r...N)A93rt As„ Mulberry Lane Community LLC P.O. Box 264 Moab, Utah 84532 January 11, 2012 Moab City Planning Department City of Moab 217 East Center Street Moab, Utah 84532 RE: Mulberry Grove Plat Lot Line Adjustments/Plat Amendment Dear Jeff & Sommar, We, Mulberry Lane Community, LLC, are submitting a proposal for adjusting some of the lot lines for the Mulberry Grove Plat. Enclosed are: 1. Letter explaining details of proposed plat amendments; 2. Three full size copies of Mulberry Grove Plat with proposed amendments; 3. Exhibit B of the Mulberry Grove Subdivision Improvements Agreement, which shows the numbering and lay out of the carports; 4. Signatures from all property owners in Mulberry Grove, therefore no public hearing is required for plat amendment and; 5. Form provided by city to amend subdivision plat. Here is a summary of the changes, followed by a detailed list of the lot line changes. The ultimate goal is to "clean up" the plat. After we received final plat approval and proceeded with surveying, we noticed a few details, such as a lot encroaching into a pathway and carport structures closer than five feet to adjacent lots, thus requiring construction of firewalls. We have adjusted lot lines to remedy those issues. We have been working with a new engineering firm for the roads, parking and paving. Trying to match up the previous engineering design with the new design has been a challenge. As a result, some of the lot boundaries along the edges of the pathways created a "no man's land," meaning that there were small strips of land that were neither pathway nor lot. We have adjusted lot lines to remedy those issues. We have added language to the plat reflecting how and when carports will be constructed. Donna Metzler wrote the language for the plat note. The reason for this is because there was disagreement between us (MLC) and city staff regarding carport construction in the Subdivision Improvements Agreement. The resulting language is a compromise for ensuring that the remaining carports are constructed as lots are sold. Page 27 of 85 5-1 We have added number addressing for the lots and carports, and have added street names. The number addresses have been provided by builder inspector, Jeff Whitney, based off the grid. Street names and number addressing have been approved by the building inspector and fire chief. The following is a detailed list of the lot line adjustments: 1. Lot 1- south and west sides adjusted to be 5' from back of carport walls 2. Lot 2- west side adjusted to include embankment on lot 3. Lot 3- northeast lot line adjusted so as not to encroach into pathway 4. Lots 2 & 3- adjusted internal lot line (twin home lot) to run east -west, rather than north -south, per request of lot owner 5. Lot 4- west lot line adjusted so as not to encroach into pathway, east lot line adjusted to make up for 'square footage lost for west lot line adjustment 6. Lot 5-8- south lot lines adjusted to abut pathway 7. Lot 9- east lot line adjusted to abut pathway 8. Lot 10- east lot line adjusted to abut pathway 9. Lot 16- west lot line adjusted to be 5' from back of carport wall 10. Lot 17- east lot line adjusted to abut pathway 11. Lot 18- south lot line adjusted to abut pathway 12. Lot 22- east lot line adjusted to abut pathway 13. Lots 21 & 23- adjusted internal lot line (twin home lot) to run straight. Original lot line was awkward Thank you for your time. Please contact us with any questions. We look forward to hearing from you. Sincerely, Mulberry Lane Community, LLC (435) 210-1161 Page 28 of 85 5-1 ree - uuu.uu plus up.uu amended lot or unit. Receipt No. PETITION TO VACATE, ALTER OR APPEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if 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; Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels joins 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 that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CITY RECORDER Rachel Ellison Date Page 29 of 85 5-1 OWNERS: aL.W4 td/13 005 Date Date State of Utah County of Grand The foregoing instrument was acknowledged before me this 110 ( l3 f by �Ui t div24- 1.• S SC-K-47k Notary Public DAWN RENAE EDDY 94 East Grand Ave Moao, Utah P1532 My Commission E�+res May 20, 2010 State of Utah My Commission Expiries: Residing At: OWNERS: ieztAcu 641 /4.4 7 n, / 0// 0 1 Date State of Utah County of Grand Date Page 30 of 85 5-1 The foregoing instrument was acknowledged before me this by .-612-t(-• OVA cfY My Commission Expiries: Notary Public DAWN RENAE EDDY 94 Fast Grand Ave. Moab. Utah 2?532 Mty.:;ornmisblon E_:pifes May 20, 2010 Staie of Utah Residing At: WV b °`-,b, Gt-' aikilK 1712AAa-02 `(--4 Page 31 of 85 ■ Date Date State of Utah County of Grand The foregoing instrument was acknowledged before me this O 1 y /01 by Sv scx.4., . VD-Yr( n)i-ry-.. My Commission Expiries: Notary Public DAWN RENAE EDDY, 94 East Grand ?ye. Moab, Utah S4532 My Commission EXP.TS May 20 20'.0 Stale of Utah O i R State of Utah County of Grand Residing At: 1 V W °"bye v.odkas-f,/, i )140 ct Date Date Page 32 of 85 5-1 The foregoing instrument was acknowledged before me this O ( < <p t p 9 by L � �neAl 2.-IdAturei 5 6)-1 My Commission Expiries: Notary Pubic DAWN RENAE EDDY 94 East Grand Aye Moab, Utah 84532 My Commission Expires May 20. 2010 State of Utah Residing At: (kW eJb , Ili u� Zukta c� Page 33 of 85 5-1 OWNERS: et, �- 11116)01 Date Date State of Utah County of Grand % The foregoing instrument was acknowledged before me this `l I 16O e1 by s1 PerrE2 4 , CRos s My Commission Expiries: 5(7.A.(d Notary Public DAWN NENAE EDDY 94 Eas: Grand Ave, Moab, liter• 84532 My :;omrnssion Exp-e= 5tace of Uta OWNERS: State of Utah County of Grand Residing At: j"v�M Date Date Page 34 of 85 OWNERS: na.n,at 3. S+e,tAAck. State of Utah County of Grand The foregoing instrument was acknowledged before me this by (S4-ev,-6-. My Commission Expiries: 5 2617.0 v OWNERS: State of Utah County of Grand OL-LI Date Date Residing At: Ako[..6, WILL- eekta-ifE Date Date Page 35 of 85 The foregoing instrument was acknowledged before me this by My Commission Expiries: Residing At: Page 36 of 85 ■ OWNERS: rvv,, G L_ ())1 L s v) Date State of Utah County of Grand The foregoing instrument was acknowledged before me this \ Z� —? /09 by n f Imo- t),)< My Commission Expiries: Notary Public DAWN RENAE EDDY 94 East Grand Aye. Moab, limb 114532 My Commission Expires May 29, 2010 Sale of use OWNERS: State of Utah County of Grand Residing At: AM cam, rz--((-?/09 Date Date Page 37 of 85 5-1 The foregoing instrument was acknowledged before me this by 6LL_\ate k CVO My Commission Expiries: Notary Public DAWN RENAE EDDY 94 East Grand Ave. Moab, Utah 84532 My Commission Expires May 20, 2010 State of Utah esiding At:kttika.4 Page 38 of 85 5-1 Date2_ 9 _ Date State of Utah County of Grand The foregoing instrument was acknowledged before me this by _.)00 V';\ t c65,.2-1'1 n , ILa k(vJ S-e_ r) My Commission Expiries: S%'2ti f2�� Notary Public DAWN RENAE EDDY 94 East Grand Ave. Moab, Utah B4532 My Commission Expires May 20, 2010 State of Utah Residing At: b` L A- 1-N LLQ___ (?_,Cak0---(z Page 39 of 85 5-1 OWNERS: 161/ e/IC/01—p h sveholsofil 56021 Date State of Utah County of Grand Date The foregoing instrument was acknowledged before me this J /mil t ° by EVAi 1� Pf-Ila.texcLoret, Surndam My Commission Expiries: Residing At: 14.1.0c‘-b , 5 I.-Lt./ -7.4 p ( Notary :' bar_ - '''N, DAWN RENAE EDDY 94 east Grand Aga DA j Moab. Utah 84532 N. My Commission Ex -DIM ..'''r May 20, 2010 State of Utah Page 40 of 85 5-1 The foregoing instrument was acknowledged before me this f Z ((� by: State of Utah } }ss. County of Grand } On the Z day of December 2010, personally appeared before me k.K11(110.tn C1...II211 and �O k. C..A1M 11 the signers of the within document, who duly acknowledged before me that they executed the same. DAWN RENAE EDDY Notary Public State of Utah My Commission Expires on: May 20, 2014 Comm. Number: 582584 NOPUBLIC Residing in: VY\--Og- vi My Commission Expires: '14761Z.3:I ?. t vi f Page 41 of 85 ■ Date State of kJjrzt...A-- County of (o r On the 5 day of Jcu. 2,012- , personally appeared before me V)Yl ► y J . Max i n e i , who duly acknowledged to me that they executed the same. My Commission Expires: 5/20 /20 l'sI OWNERS: Notary Public Residing in kLeo -6 Date Date DAWN RENAE EDDY Notary Public State of Utah My Commission Expires on; May 20, 2014 Comm. Number: 582584 State of ) County of ) On the day of , personally appeared before me who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in Page 42 of 85 5-1 a,;417.{•e"tci�'r s;inns iiiiil!!r'l111111r "° Page 46 of 85 Page 48 of 85 2012-13 Budget Opening Summary Description Line Item Change Reason General Fund Revenues Beginning Fund Balance 1039940 $ 591,600 Annual transfer to Capital Projects fund based on assessment of Fund Balance at the end of 2011-12 Fiscal Year; Carryover Projects Expenditures Transfer to Capital Projects 1048097 $ 575,000 Annual transfer to Capital Projects fund based on assessment of Fund Balance at the end of 2011-12- Fiscal Year Recorder-- Professional and Technical 1041531 $ 16,600 Carryover of unspent funds for city website upgrade Community Development Revenues Beginning Fund Balance 2439209 $29,200 Funds in Fund Balance due to incomplete projects Expenditures Signage 2440023 $ 6,000 Welcome to Moab signs to be installed in the current fiscal year rather than in 2011-2012. Lions Park Design 2440007 $ 23,200 This amount is for the last payment to the design consultant. The design will be finished in the current fiscal year. Capital Projects Revenues Transfer from General Fund 4139222 $ 575,000 Annual transfer to Capital Projects fund based on assessment of Fund Balance at the end of 2011-12- Fiscal Year Beginning Fund Balance 4140090 $ (492,900) Since revenues are coming into this fund from the General Fund in the current year, they will not be received from the Fund Balance Expenditures usu Setaside 4179045 $ 75,000 Agreed -upon amount to Transfer from the General Fund to this set - aside Increase in Fund Balance 4140090 $ 7,100 This amount will not be spent this year. Page 50 of 85 6-1 RESOLUTION # 13-2012 A RESOLUTION AMENDING THE FISCAL YEAR 2012/2013 BUDGET WHEREAS, the City of Moab has proposed to amend the 2012/2013 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2012/2013 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2012/2013 Budget 1. General Fund 2. Community Development Fund 3. Capital Projects Fund Amended Amended Revenue Expenditures $ 8,292,625 $ 8,292,625 $ 852,575 $ 852,575 $ 1,039,000 $ 1,039,000 2012/2013 Fiscal Year Budget Amendments FUNDS REVENUES EXPENDITURES GENERAL FUND $591,600 $591,600 EXPENSES Recorder Prof & Technical 10-415-31 $16, 600 Transfer to Capital Projects 10-480-97 $575, 000 REVENUES Beginning Fund Balance 10-39-940 $591,600 COMMUNITY DEVELOPMENT FUND $29,200 $29,200 EXPENSES Lions Park Design 24-400-07 $23,200 Signage 24-400-23 $6, 000 REVENUES Beginning Fund Balance 24-39-209 $29,200 CAPITAL PROJECT FUND $82,100 $82,100 EXPENSES USU Setaside 41-790-45 $75, 000 Increase in Fund Balance 41-400-90 $7,100 REVENUES Transfer from General Fund 41-39-222 $575, 000 Beginning Fund Balance 41-39-561 ($492, 900) Resolution #13-2012 Page 1 of 2 Page 51 of 85 6-1 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 28th day of August, A.D., 2012. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City Recorder Resolution #13-2012 Page 2 of 2 Page 52 of 85 6-1 Ali Lingel 430 E 200 S Moab, UT 84532 (360)509-9715 August 30, 2012 To the Moab City Council, This letter is to request to be added to the September 11, 2012 city council agenda in regards to having amplified music at the 2nd Annual Moab Pride Festival. The festival will be held at Old City Park from 12 PM to 5 PM on Saturday September 29, 2012. Thank you for your time and consideration. Sincerely, Ali Lingel Co-founder of Moab Pride Page 53 of 85 6-2 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 Fax NUMBER (435) 259-4135 To: Honorable Mayor and City Council From: Donna Metzler, City Manager ik,__/— Date: September 7, 2012 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY .JEFFREY A. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCKI Subject: Special Event and Park Use Permit for Women's Congress for Future Generations The City Special Events Committee has reviewed the application for the Special Event License and Park Use Permit for the Women's Congress for Future Generations, submitted by Christy Williams. We have conferred with the coordinator for the event and are of the opinion that all issues with the event have been adequately addressed. The event is broad -based and will bring in people from outside the community. No business activity will take place at the park. The event organizer has secured appropriate approvals for all other event venues. The Special Events Committee recommends approval of the Special Event License and Park Use Permit for the Women's Congress for Future Generations, to be held on Sunday, September 30 at Swanny City Park and other locations throughout the community. ADM-MEM-12-07-003 Page 54 of 85 6-3 DATE PAID: ^ 1 AMOUNT PAID: 45 go O° RECEIPT NO.: 1-1 1O Lire 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: NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: EVENT SPONSORS NAME:I-!ti SPONSORS ADDRESS: -3 3 SPONSORS DRIVER LICENSE NUMBER & S'TA SPONSORS SOCIAL SECURITY NUMBER: r�. p cvY OR OTHER PROOF OF IDENTITY: _ PHONE: tf3S ZA-5 -2311 B WL STATE: 14-4-2- ZIP: .FN--k 7j DATE OF BIRTH THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. UWE e i/V 11(4 ASE PRINT NAME(S) CITY SPECIAL EVEN ICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOC .,.d AND SPONSOR. HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB Signstur= sponsor State o" } ) SS County of Grand ) i SUBCRIBED AND SWORN to before me this ( day of NOTARY PUBLIC 45/ iiiiD�� to0 vv ae SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! BEN JOSEPH Non* Public Stye of INeli Comm. tic. 808925 lMyr Comm. Expos Aug 8, 2015 Page 55 of 85 6-3 Rachel E. Stenta From: Donna Metzler [donna@moabcity.org] Sent: Wednesday, September 05, 2012 4:11 PM To: program-director@kzmu.org Cc: 'Rachel E. Stenta' Subject: RE: FW: Women's Congress at Swanny Park Christy, Perfect. Everything is in order. You will not need any additional approvals. I will have Rachel Stenta send out the agenda when it is ready. Our meetings run quickly and start right on time. Your item should be approved between 7 and 7:30. See you there. Donna From: KZMU Program Director [mailto:program-directorgczmu.org] Sent: Wednesday, September 05, 2012 3:01 PM To: donna@noabcity.org Subject: re: FW: Women's Congress at Swanny Park Thanks, Donna! Glad to be at the meeting on tuesday next. When initially completing the application, I was advised to include every possible use, even if I wasn't sure we were going to ultimately need the civic space for that purpose. We've a very clear plan. 1. There will be no sale of anything whatsoever at Swanny City Park from the Women's Congress on the 30th. 2. We will be using both the MARC and Star Hall at most points of the congress from 27 through 29 September. Lunches are being provided brown bag style, and many will be walking from MARC to Star Hall as the venues and activities progress. I envisioned the Sun Court as a place where people might gather and network if and only if there were no pickup Bball games happening. Just wanted to offer that public space as option for transition/talking time between events, as the 'meeting halls' will be used for very quiet work. good spot for a workshop during the 10 to noon hours if we had bigger numbers of attendees than anticipated. We also thought it might be a good spot for actual teen attendees to work and meet local kids. It turns out we won't have those kinds of numbers, (though we still may have a few teen attendees!) so the teen space isn't an issue. Please do email me the agenda, and let me know if there are any additional pieces of information or proofs of ID you need. Thanks! Christy Williams 435-259-2709 The City is eager to put your Special Event License and Park Use Permit on the September 11 City Council agenda for approval. I just wanted to be sure we were getting you approval for everything you need for your 1 Page 56 of 85 6-3 event. If you could provide some information on the three questions below, we can be sure we are fully accommodating your request. We put together the information packet for the City Council on Thursday afternoon, so I would love to hear from you by then. Thanks! Feel free to email me or give me a call at 259-5121. Donna From: Donna Metzler [mailto:donna moabcity.orq] Sent: Wednesday, August 22, 2012 1:26 PM To: 'program -director kzmu.org' Subject: Women's Congress at Swanny Park Christy, The City's Special Events Committee has reviewed your Special Event and Park Use applications for the Women's Congress for Future Generations. Your application was complete and the Committee did not see any major issues with your request, although we did have a few questions and/or issues that need some clarification. The City Council will formally consider your application on the September 11 meeting agenda with a positive recommendation from the Special Events Committee. Based on your application, the fee for using Swanny Park will be $100, plus a $100 refundable damage deposit. The following are the questions/issues that need clarification: 1. The selling of any items at the park requires that your group obtain a Special Event Business License, rather than just a Special Event License. Your application mentions that "there may be a small tent of arts and crafts created by tribal members through the national non-profit Environmental Health Network". If the items can be offered on a donation basis, 2 Page 57 of 85 6-3 then the business license would not be needed. Please let me know if you want to pursue the business license, and we will expedite the process to be sure that your Special Event Business License application is ready for City Council approval on September 11. 2. You mention in your application materials that you will using Sun Court for your event. What is the nature of the activities happening at Sun Court? 3. You also mention using the Teen Center. What is the nature of the activities happening at the Teen Center? Once we clarify the above issues and you pay the fees described above to the City Treasurer, you should be set for your event. Good luck with your event! Donna Metzler City Manager 3 Page 58 of 85 6-3 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. -Requests for usage -by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: Name of Organization and Event if applicable: Address. Day Phone: 113� 2 �! 21t7/ 7 , ��, • ✓; sAl Email. va441 Proposed Park Usage Information Which park to you intend to use? Swanny Park: Will amplification be required for your event? Yes �1v 61--/j.• Other (please indicate name of park: Please indicate the propo d ates and times of use: Proposed Start Date: v 1-- Start Time: ...__q_ ��m End Time. am/pm Proposed End Date: Start Time: am/pm End Time. S am// r) Please specify what areas of the park are proposed for use. /4 51-v �:-.4 G-,,,,,00i�,-f�7,-- For Swanny Park, please show in detail on the attached diagrams, which areas of the pa are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: 1-'6127 Number of spectators that you expect: 15 Please describe structures, tents, canopies, portable rrestrooms, etc. that you propose to set up at the park: - raei � ,4-,-1zs'Ztr 4 so i47,, UP� 1 r'� No Please specify any electrical needs for your event: 01oil "! af-Ze-55' r 5014- € 664--(-1:/0 Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, u,r of volunteers, etc. should be described. r 4„-c1-5 12„!/ A.e_. .s'Guc 111�1 ui7—C If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. // 0 551`"Aeeich15'701-5 �pc_.AA1� PLEASE COMPLETE OTHER SIDE Page 59 of 85 6-4 Do you intend for the park to be open to the public during your event? Yes 74— No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes Please describe any security or crowd control measures you planf f t i/i °9 it�f`z.r� or use o e park: No 644/(,G-/j9-e-7., For ps over 100 people, please describe your refuse cal)! and recycling plan: SErred - 40-11q;i6 c' , )c 1v / �t i LI�)kio )4- 4'U U Please describe your clean-up plan during and after the event: ) OM( MPS n . E Plse describe youj restroom acility plan: v Other Information r- 125 Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to th community: Please specify and de cribe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes Will you be able to provide proof of insurance, showing the City as an additional insured? Yes I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any con itioni attached to this permit. Signature of Contact Person - Office Use Only Public Works Review- Police Department Review- Administrative Review. Park Use Fee. Date Fee Paid: Date of City Council Approval. Insurance Received• Final Set up Diagram Received• Special Conditions or Requirements: Date. . / *Z0 Other Required Permits and Approvals Page 60 of 85 6-4 From September 27th through 30`h of this year, women leaders from all over the world will convene in Moab, Utah to explore a central question; "how shall we live with our world in a way encompasses and supports the needs of those yet to come?" Community leaders writers, artists, grandmothers, children of many countries, tribes, cultures will gather and engage the arts, letters, experiential workshops , film screenings and panel discussions to explore an emerging body of thought now known as the precautionary principle. This conference event aims to empower women's voices for the good of their communities: to acknowledge and activate Ancestral responsibility. The group will utilize the MARC for conference and workshop space, historic Star Hall for music and film presentations, the Grand Center for evening dining, the Youth Garden Project for children's activities, the Sun Court for activities and open gathering space. The culminating day of the conference will be at Swanny City Park, pending successful application from the City. Currently, registered attendees number around 100. We estimate a total of perhaps 200 attendees, including local volunteers and staffed participants. (Three local jobs have been created from hosting this event). For the purposes of planning Swanny City Park services well beyond our attendance expectations, we will ensure service capacity for a total of 300 to 350 persons, including public audience. There will be no charge for observing the culminating day at Swanny City Park. Pending approval by the city and appropriate licensing, there may be a small tent of arts and crafts created by tribal members throughout the country available for purchase through the national non-profit Science and Environmental Health Network (www.sehn.org). There will be no food sold at the park through this event. Some of the benefits to the community include opportunities to enjoy the arts, music and viewpoints of many cultures; and to enjoy the powerful experience of many women gathered to give voice to a common purpose: the long term well being of All through a well cared for World. This event is the first of its kind in the US, and is not conceived as an annual event. It is to seed ideas that empower women to better care for their communities and those future generations who shall inherit them. Thank you for your consideration, Christy Williams Producer, Women's Congress for Future Generations Page 61 of 85 6-4 Wa/7/7JrPar/r 400No/ th Street Aquatic Center l-r_ Outdoor = Swimming Pools Playground 6Covere. Picnic Tables XNe. • ii 100 50 N -... SCALE 0 3 Picnic Tables 100 1" = 100' 200 FEET To Main St. One Block 0---o Page 62 of 85 6-4 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 ..)------ Date: September 6, 2012 Subject: Permits and Licenses for Moab Folk Festival MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCK! The Moab Folk Festival has submitted all of the required applications to hold the annual Moab Folk Festival, utilizing the Center Street Ballfield and Suncourt, and serving alcohol at the Ballfield for the event. Please note that several of these licenses/permits are contingent upon other approvals, so if one of these items is not approved, there will be implications for the other approvals. The following approvals are needed, in this order: 1. Approval of a Special Business Event License 2. Approval of a Class IV Special Event Beer License 3. Approval of a Park Use Permit for the Center Street Ballfield 4. Conditional Approval of a Park Alcohol Permit for the Center Street Ballfield 5. Approval of Local Consent for a state -issued Special Event Beer Permit The City Special Events Committee has reviewed the applications for all of the required permits and licenses for the Moab Folk Festival We have conferred with the coordinator for the event and are of the opinion that all issues with the event have been adequately addressed. The applicant has been made aware of all requirements of the permits and licenses. Approval of the Park Alcohol Permit should be conditioned upon securing state approval of the Special Event Beer Permit and submitting said permit and documentation to the City. The Special Events Committee recommends approval of the above items. ADM-MEM-12-09-001 Page 63 of 85 6-5 DATE PAID: AMOUNT PAID: RECEIPT NO.: Efo 9 38 7 a - 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 ONS): ri TRANSIENT ($80): OR PICURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $80.00 cYo O° NAME OF EVENT: M On ip F+ i K. Fe S'+ 1 V tiS DESCRIPTION OF EVENT: A -folk- m u S z c eV e In t e. j i VI n�� O VI N O v` �h ! � 0 i wi N C �, .J o1 1, 4,12� LOCATION OF EVENT: M OO1 io & to -� 10! 1 !, fiat Ir RMu t OA SV G-OUY t r 6.C. tti �:�1 S c tI pD i PREMISES TO BE USED: s e e a b o ,/ e TEMPORARY STRUCTURES TO BE USED (IF ANY): CocnoP� ei..tfs tRA"et IA- PPr�°rrManCe l 5;1'r.°G , DATE(S) AND TIME(S) OF Rem NJoV. 1 (1- Wen" )1_1401 2 (7-11pM), �pJ, 3(12-fi++-ilg,�►) �t•SrY.y (i2-5Ink) ANTICIPATED # OF EVENT PARTICIPANTS: 1' 600 NUMBER OF (VENDORS PARTICIPATING: 3O TYPES OF VENDORS PARTICIPATING IN EVENT: 4t.rrt5 0.VL d C rx f t$ C 1 d-tln i 14) i � 100,4 d b eve rig Cd a.u"of fe5i;0.1 ov►ere- IM1a►,o(.:St F J EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): T C ke iS cavil Q C fro kyl S30 s YLO V e v. 01 o r loo atln f: e S arc 11 12 5 1 t) a 10' 01)A4 EVENT SPONSOR'S NAME: rri Evt d s 8 t filet MOG -6 'Fo 1 de 1=es -1-1V4 PHONE: .4-S 5 21,00 7s}� SPONSORS ADDRESS: 2.'10 Suva Zo0 CITY: (1A 04-6 STATE: i/LT 4� � 2S 9 311 V SPONSOR'4 DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: M e 1 f SSG( SC h M� ed I C K ( FrOGUA ter 's ) DATE OF BIRTH: TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP KCORPORATION OOTHER (SPECIFY): NJO Frt EVENT SPONSOR'S SALES TAX ID #: E REGISTERED WITH THE STATE FOR TAX ID: :Fr e1 AG(S d 1- •11,ua AA oalo Falk Peat SPONSOR'S SOCIAL SECURITY NUMBER: 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. UWE I HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. IANE UNDERSTAND THIS LICENSE 1S NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND LICANT (SPONSOR). IANE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. -e, 41111P0' wn State of Utah County Grand ) SUBCRIBED AND SWORN to before me this SI Si -day of 0110 _ 1 av� 1 � NOTARY PUBLIC SS 8.31-/Z uata NICOLE,.BIERSCHIED Notary Public State of Utah My Commission Expires on: April 26, 2016 Comm. NuMbea 655583 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 64 of 85 6-5 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LIC ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICAB ATTACH ADDITIONAL INFORMATION INDICATED BELOW: We w 11 pr vi'de a List• vendor-5 -to 5i-ee a {- I,I FA..k one w e K Fr 1 o v- -}o re toefirKs. Ati-zeVa44 is et. s'ate tool I,--h....A Sohn VrC LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): ENSE. LE). -11Ae Ci tl of kAvab A.e..d -f-I^ e -H� t e. ✓e re t W e a re s fit (1.4 oot-b aulat 1=i c i d a4.44 M Ave e LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01/05 Page 65 of 85 6-5 99 Jo 99 e6ed 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: --N_LOa, 0 Fa tic. _ Ees+;vect DATE(S) OF EVENT: 'JD V . 1- BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE No /SALES TAX ID T 6 t. rovi cA Pol .d. 11= e erti Pr; o r i-c E v ¢..A-t-- .`._._.____ 09/08✓03 0131.3 -r1V9 9doN M r 0 < -� z C z Cr c.>SdJJJ zr� �ana}. Jp� L� �m a�p, P� P 1,a»v i ) t� -1Thi0 Q - s-aQaNSn s5 4b �n. i \d S—A Oa Nei\ ak1114) 2- O N Page 67 of 85 6-5 S-TA I--\ A Lt___ o Q-rA isL E 1D 'TN LcT5 S r l CO U F2 I cA-1 S t L- C N ,4 w e j TiuN i- - - - - - - - -� - - i 1 r� z, wi It I Sit..ttitT �cT((D C E 1�1T� (Z STD _T I i i 2. X Page 68 of 85 BATE PAID: AMOUNT PAID: RECEIPT NO.: 80 U3 8337 A CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB 0 CLASS I FEE: 0 CLASS Il FEE:: ❑ PRIVATE CLUB 0 CLASS III FEE: 0 CLASS IV FEE: LICENSE ##: $180.00 $180.00 $650.00 $80.00 $80.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: Er i G \j©lies HOME ADDRESS: /8Z SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER & STATE: CITY: MaLb DATE OF BIRTH: Utak HOME PHONE: 435. ZSq ' ZZ J4 STATE: Cfr ZIP: 124-5 7- BUSINESS INFORMATION BUSINESS NAME: ti-%+Brads /load FoLk > S.-4‘041 BUSINESS ADDRESS: ? rd n 1-4 2_e2r) ecst- SALES TAX ID f#: I BUSINESS PHONE: 6. 25,1- 31%3 BUSINESS MAILING ADDRESS: O �x I n A'Z CITY: M 00..b STATE: Ur ZIP: WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) 1. © CLASS I © CLASS II 0 PRIVATE CLUB 0 CLASS III IS CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class ll Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? SI No J YES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: d r i'I�L�5 , ter b/ f +7 'Beer application is for 3.2% by weight only. Also requires a State license. 09/21/05 Page 69 of 85 6-6 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. i, . . -C . _, c /,- - ,1, , z _, r , Applicant's Signature STATE OF UTAH ) : ss COUNTY OF GRAND ) E►' I O T I)hf , being first duly sworn, on his/her oath deposes and says: That she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this NICOLE$IERSCHIED Notary Public State of Utah My Commission Expires on: April 26, 2016 Comm. Number: 655583 tary Public Page 70 of 85 6-6 CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: ! 1 2U �� Mora Foi k- Fes-f v�( ) urr (( pct.i � i �s��caa ern z�rta, i1 vAV C4242:kr 5 � mac. (t i�� (d ctx Sa. 6*--act ' v. dai y Ida.iao.120 AegiA. t2,,t. h«�.. -17:) 5 (90 eal�I— _,. ' copxy 2. Please provide a floor plan or detailed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; 3. Please state the purpose of the association or entity conducting the event: Jc' G vQ � ezwsZe 1 i/t to u,.+- -- Tke.. Aka) FQl t P-4,4L'tfa. Hosts v►ch_o—h al (i rervit, .w a,A et_wvturti( (It/ ,' tred . 4. 1 En (... � 1e,v..-e_5 hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to en er rt�he premises of q y-a I Z• 00 (nc 4A u " 4-6 4Z his gtduripg e r d n�is take place on hind. --t 3rj ,starting at G4-04) ppWand located at itf %wk.), rov1/42` for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: STATE OF UTAH COUNTY OF GRAND ) ) SS SUBSCRIBED AND SWORN TO BEFORE ME BY br' o �pj _s / THIS 31 DAY OF Uf lfiey��• NICOLE BIERSCHIED Notary Public State of Utah My Commission Expires on. April 26, 2016 Comm. NuMber: 655583 Page 71 of 85 DATE: 8-3/` /Z ON OTARY PUBLIC 6-6 0 1 3 I -T1V9 9d0IN Li a rr›35 M l 01--i^cz.9 1N1ld - 6 5 �>>p /\Z sa»> ay),N an o} a-7%412p!onn J03' 17-71-AWA P�\ ,M ; I) -59 ,,a11 „L S3t4:rS d) Y41`4.4 S-31 oa NaA a4/"14 1 d _j_a. .�,a i.aatiq 1�nl .IM 11rWo 24aCg0)2-4 Aa?_.f./ raG A »VI.4j. MAI 10Q9 �,, ;od Via »v } 1 IEV a17i •td'i"'13 QT g. a Page 72 of 85 6-6 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY i Applicant Information Name of Person Responsible for Use of Park: f4.4t tissA sr h evict ee4. c t= 13 i en t cc. s e n Name of Organization and Event if applicable: F-t-rerun o Moab Fc ik. Fist -vie l / [H faF Address. 2`1o So4/441 Zoo ea.s r I Po t3 10 SZ Day Phone: 43S -2too - ci` (94- Cc ) Email: Sc InMaed i e. k. tuS d n e f 43 G -- 25 01' 314 S' (o) info @ m orb f o t is f e st- i Val . c a bY+ ` Proposed Park Usage Information „ , M *PA. gad F t' 4-401 Which park to you intend to use? Swanny Park' Other (please indicate name of park- Moab Sin Couet- Please indicate the proposed dates and times of use: Proposed Start Date: 1%-k0v 3- Start Time: _Lk_ am/Co End Time. am/pm Proposed End Date: N `f• 4 Start Time: __ am/pm End Time• 5 am/ rr Please specify what areas of the park are proposed for use. M adi. t:30.4.A He lot : A4A. atreet.S tr►ctuzut -Reid 1,0wse (t-toab 64"/ fc�ft- Lota covr-t' for s;le;nt- ar.uetcnti For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of ail structures and facilities. Litua.y, 60%-tA elol = 3-4 = 45° Pp jala-3 Moab 5v11 Co.:. {— • Nov 1-31' 3o4)i� Number of participants you expect. Number of spectators that you expect: ' Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Sin Court :4wo 2Jxio'ea noP tci.ta it�� �Fi•{d "� (otr oloy } St-a''c � Will amplification be required for your event? Yes tok No P iota_ r e c troo s Please specify any electrical needs for your event: Sept' no( SI&revt.t +ppd V enot or 0or t^ S Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. 5-tr-eet' oin.ere p.er nellWeQ{ 3vetoo- aDpS ►1of- provide p �cl�iw� . If you anticipate any stree closures for your event, please describe below, and show on the accompanying diagram. tlov,e pL EAs CC�.��?i =Tc- 0 i t SIDE. Page 73 of 85 6-7 Do you intend for the park to be open to the public during your event? Yes No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes X No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: Sec vrii-+� .Cor_trA.Cred 1a-- e,.vent' si-�e - -in Dur3 cut- sal FiekoL Vo,uvl4-e Sec v ri 4-4 olu ri v� .4_ ve ate. F a r tvoil to c ecrI oa S 01..0 rt-P3 e v¢ K.t'+ Z D con fra t For groups over 100 people, please describe your refuse control and recycling plan: to a es, , Rerc.(cL'+,SuPPOr'F i5 cc) vilrocsea Loi&raeh �olA.ib`+.s . ge-tus-e ;,u/ 13010`s . Please describeyourclean-up plan during and after the event: Crev..> of- 5 luat-ee.S ct.&e( st,. Suf ij scot is sc.kit-Au-teoi fcr 3-6cs durt� sct-up oa.a..oi +ear-dvu►n.i-.eer S Per is{ roa.-}rows oLurrtas_ 03 Please describe your restroom facility plan: e-v , 1Vb(ha btt fberS a.re Pirov;o(eal ott �„(...t4 Facto( ethA Q suv) Coy rr, , t. Other information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: tom►' 1144 fast- lli iItc_¢ MLacb Fest ve.4A jests 1oreWnln- 1.eve1 ) resk.A.4`J i tn. of4- - spa soy, bc.tsi►dess 0 a-ec es l D C: t i i~U ro-k A-fl-S tke. co row, u r r in -41n rous1.4. a s,Cuc*�•f-ij�.�. Please specify and describe other community or city facilities that you plan to use: 4act roar. A. wo rk.s VE;es , un+t Ri$itt Saiwa j� S tar N� � k4A9.0 �p � c or Ca. +'rs Ground Cv. Have you applied for a Special Event Permit for this use? Yes X. No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes X No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditio attacd to this permit. Signature of Contact Person: Public Works Review: Date. $ 3a 112- Office Us.e Only Police Department Review: Administrative Review - Park Use Fee: Date Fee Paid: Date of City Council Approval - Insurance Received: Final Set up Diagram Received: Special Conditions or Requirements: Other Required Permits and Approvals Page 74 of 85 6-7 0-13I -11V9 9d4VN1 M i_ V r1i --A p a J 1- �z Ssa»> zr,Man Q 77W412P!C1AV loj- p�AV P� Illfir.r.1 71)73\1 as/719- 53ib►5 d� I ._na i iaroq Unti..iM y'u0 12'2cip]ro AaUJ 1/9 ratp�`,4 7)y,N j a /� i� u�1 �•,,od nv fid1)-10* i >l o. 3_L-N . saQONan s5 S--A so Q ht a/ L -3"P'Q J 0 O N Page 75 of 85 6-7 City of Moab Park Alcohol Permit Application and Checklist A Park Alcohol Permit may be granted if the City Recorder certifies that the applicant meets the conditions on the following checklist. The Applicant should complete the information on this form and submit the form along with the Park Use Application and the Special Business Event License Application. Applicant is responsible to abide by all applicable terms and conditions of this permit and all other required permits and approvals. Upon successful completion of all items on this checklist, the City Recorder will certify completion and issue the permit. PLEASE PRINT Applicant Information -111111111111 Name of Person Responsible for Use of Park: GrZ vor�S P-ve. Name of Organization and Event if applicable: iev�ds �� +L. Mer.)-6 Address. C) Lac JD82, Moab, UT" PA53 - Day Phone: �{-35 - 2") - �'efi Email -yttlaiv►dc5 hair � Cif l i y- Date(s) of Event: kOkf. I — ¢ Zo( 2_ Park Alcohol Permit Checklist (for internal use only) I certify that the event sponsor has completed all of the following approvals and is hereby issued a Park Alcohol Permit: Event Sponsor has obtained approval for a State of Utah Single Alcohol Permit or Temporary Special Event Beer Permit (applicable permit is attached) ❑ Event Sponsor has obtained approval for all applicable City of Moab alcohol licenses. Event Sponsor has obtained approval for City of Moab Special Event License for the event. Event Sponsor has obtained approval for a City of Moab Park Use Permit for the event. City Recorder's Signature Date Page 76 of 85 6-8 UTA_H DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL "TEMPORARY SPECIA L EVENT BEER PERMIT" LOCAL CONSENT Date: Attn: DABC Licensing & Compliance Section [ ] City [ ] Town [ ] County hereby grants its consent to the issuance of a temporary special event beer permit to: Organization: Fr iekiCL Event Location: Ce itf rr J eet E��.1((; e id S a,,c1 SOnC001� 04v. �Ezb►�V' ��11 u•e Location Address: 300 East eewtev- Sri-. /Oa 6 o Street PO Box r City State Zip Date(s): / , i rVe--4a erm4 �4 \� Aiov 3 a --el 4- C'ewt r l3afiefis Hours: a ae-1v l7:Co - S :opla,,� Consent is granted pursuant to the provisions of Utah Code 32B-9, for the purpose of storage, sale, and consumption of beer on the premises of the event. Authorized signature Name/Title This is a suggested form. A city, town, or county's own form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic beverage Control PO Box 30408 Salt Lake City, UT 84130-0408 Eff. 7.1.11 v.11.4 Page 6 of 25 Page 77 of 85 6-9 Rachel E. Stenta From: schmaedickusda@citlink.net Sent: Thursday, September 06, 2012 2:50 PM To: Rachel E. Stenta; mandoboy@citlink.net Cc: donna@moabcity.org; 'Jennie Ross'; Sommar Johnson; Carmella Galley; 'Bobbie Day'; 'Mike Navarre'; 'John Geiger; Jim T.; Lisa - Moab Folk Festival Subject: Re: Moab Folk Festival - Staff Review Hello Rachel, Thank you and the City Staff for acknowledging our time constraint and for the opportunity to respond to your concerns. We appreciate your assistance as we navigate through the new city requirements for park rentals and special event beer licensing. We value our working relationship with the City and look forward to making our use of the new requirements a positive experience for all involved. I have responded to each of your questions, below in blue, providing additional information and explanations where requested. I have also coordinated with Eric Jones to make required modifications to our applications, and to re -submit them to you before 5pm today. If possible, I would like a copy of this email and my responses below included as part of our Special Event license application and our Special Event Beer license application. Please do not hesitate to contact me or Eric if additional questions arise. Again, thank you for this opportunity to respond to your concerns and to further the Moab Folk Festival's working relationship with the City of Moab. Sincerely, Melissa Schmaedick From: Rachel E. Stenta <rstenta@moabcity.orq> To: mandoboy@citlink.net; schmaedickusda@citlink.net Cc: donna@moabcity.org; 'Jennie Ross' <jennie@moabcity.org>; Sommar Johnson <sommar@moabcity.org>; Carmella Galley <carmella@moabcity.org>; 'Bobbie Day' <bobbie@moabcity.org>; 'Mike Navarre' <chief@moabcity.org>; 'John Geiger' <john@moabcity.org> Sent: Wednesday, September 5, 2012 2:20 PM Subject: Moab Folk Festival - Staff Review Eric/Melissa: In an effort to accommodate your request to expedite your applications, City Staff met today to review your applications for the Moab Folk Festival Event. Several items were identified as needing clarification and/or modification as well as identification of additional city requirements. Items needing clarification: 1. Alcohol is not permitted in the Sun Court We are revising our beer license application to reflect this. 2. The number of RVs proposed to be used, where they will access (enter) the ball fields, and what time frame they will be setup (please add details to the parks use application). We typically use 2-3 RVs. We do not have RVs secured yet for this year, but for the purposes of this application we will estimate three RVs. RVs enter the Ball Field on 200 East through the double gate in the exterior chain -link fence. The RVs drive on the paved and gravel/dirt portion of the field at the entry. They turn south/southeast and cross the gravel portion (infield/home plate) of the SW quadrant of the Ball Field. A portion of grass is crossed at the far, east side of the SW quadrant to drive through the opening in the chain -link fence that divides the SW and SE quadrants (the opening is is close to the playground area). The RVs then drive north/north east from the 1 Page 78 of 85 6-5 aforementioned opening, crossing a portion of grass and arrive on the gravel/dirt portion (infield/home plate) of the SE quadrant where they are parked for the duration of the event. Care is taken to drive on as little of the grass as possible. The RVs are not hooked up to water or electricity. The RVs are delivered either Friday evening or Saturday morning and are removed either Sunday evening or Monday morning. For the purposes of the application, we will indicate that delivery will occur Friday evening and pick-up will occur Monday morning. As a additional point of information, vendors, sound/stage management, and tent rental delivery trucks also enter the Ball Field at the 200 East gate. Jim Thuesen (our staff Ball Field logistics coordinator)and Dave Montgomery (manager of the rental company delivering tents) have worked closely with Moab City staff to ensure that sprinkler heads and turf are not damaged by this traffic, and that the sprinklers are turned off prior to our usage of the Ball Field. As additional precaution this year, we propose that our Festival staff worker closely with Woody Marshall and John Geiger to flag all sprinkler heads in the area of use during set-up and tear -down. 3. Camping is not permitted in the Center Street Ball Park We do not allow camping at our event. This policy is clearly stated on our vendor information sheets. Our nighttime security does not camp at the Ball Field as they are on duty and patrolling the area. 4. The use fee for the Center Street Ball Park is $400.00 per day. 5. The use fee for Sun Court is $50.00 per day. 6. The Damage Deposit for both venues totals $1,000.00 and is payable one week prior to your event. City Requirements: 1. Beer consumption be confined to a clearly designated area that excludes all minors (under 21). We plan to set up a beer garden in the northwest corner of the NW quadrant of the Ball Field, diagonally opposite the stage. A beer sales vendor booth will occupy approximately 20 feet of the Ball Field chain -link fence perimeter and extend 10 feet into the field. Additionally, two port -a -potties will be placed along the perimeter fence. The spectator area of the beer garden will extend approximately 15 to 20 feet forward of the sales booth and potties, reaching in to the Ball Field toward the stage. The beer garden will be fenced with the portable metal fencing available at the Ball Field (assuming permission to use this is included in the Ball Field rental, or can be rented additionally). One point of entry/exit to the beer garden will be established and will be managed by two staff persons checking for ID and wrist -banding. Additional staff security will be placed in the beer garden. We anticipate a total of 4 staff persons to be dedicated to securtiy of this area. We welcome the opportunity to discuss this plan further with Chief Navarre, Woody Marshall, and John Geiger, or any additional persons suggested by the City. No minors will be allowed. 2. All event participants be informed in advance that no outside alcohol is permitted in the Ball Park (participants can't bring it in the venue) and that no alcohol is allowed in the Sun Court. Festival policy does not allow for any outside food or beverages in the Ball Field, so outside beverages will not enter the beer garden. 3. Proof of property owner's permission (Grand County) for the placement of portable toilets adjacent to the Sun Court. The Festival will be renting Star Hall beginning October 31 and ending November 4. Placement of portable toilets has been cleared with the County. Use of the Sun Court will be simultaneous with use of Star Hall. Portable toilets are primarily rented for use by Festival attendees at Star Hall. 4. Event Vendors coordinate with the Grand County Health District Office for inspection/regulation of all food sales. The Festival has a 9-year history of working cooperatively with the Grand County Health District Office in the context of ensuring that food vendors at the Festival obtain proper permitting and carry required food -handler cards. 5. All sound amplification must end by 10:00 PM at both the Ball Park and Sun Court venues. 2 Page 79 of 85 6-5 Ball Field performances typically begin at noon and end by 5pm on Saturday and Sunday. Sound check occurs between Sam and 11am. We do not anticipate having any music at the Sun Court. This location will be used for a silent auction. 6. Event organizers must coordinate with City Parks Superintendent Woody Marshall (259-7485) on RV access, vendor placement, sprinkler locations and timing and general grounds requirements at least one week prior to event. Please refer to our response to question number 2 under "Items Needing Clarification". Items requiring modification: 1. Adjust Class IV Special Event Beer Application to remove Sun Court as a location for alcohol sales. Acknowledged and completed. 2. Verification of Sun Court use and dates on Special Business Event License given that alcohol is not permitted. Acknowledged and completed. 3. Please submit one map for each venue (Ball Park and Sun Court) that show all activities. Right now we have two different maps for the Ball Park venue that do not match. Acknowledged and completed. 4. Please submit a copy of the background check completed for your state alcohol license for inclusion with your Class IV Special Event Beer License. We are in the process of obtaining a background check for Eric Jones. This review and alteration process generally takes 4-6 weeks of processing time. To try and expedite your request, if you can return the modified applications and acknowledge all requirements and clarifications by 5:00 PM, Thursday, September 6, 2012, we can place your items on the Council Agenda for September 11, 2012. We fully understand if you require additional time to address these items, and you can return the information requested by 10:00 AM on Tuesday, September 18, 2012 for inclusion on the September 25, 2012 Council Agenda. Please let me know if you have any questions or if I can be of further assistance. Thanks Rachel E. Stenta City Recorder/Assistant City Manager City of Moab (435) 259-2683 http://www.moabcity.org/ 3 Page 80 of 85 6-5 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Honorable Mayor and City Council Members From: Ken Davey, Economic Development �� Date: 9/7/2012 Re: BEAR CONTRACT Mayor: Council: David L. Sakrison Kyle Bailey Jeffrey A. Davis Doug McElhaney Kirstin Peterson Gregg W. Stucki Attached is the contract between the City of Moab and the Governor's Office of Economic Development that will allow us to continue the Business Expansion and Retention [BEAR] program. The purpose of the BEAR program is find out more about local businesses, to discover the types of training programs and the types of business financing they need to grow. We also want to be a liaison between business owners and managers and local and regional government officials to ensure that government understands what actions will help, or hinder, business success. The contract reimburses the City of Moab for successfully completed activities, including visits to businesses, follow-ups to those visits, training programs we implement both in person and online, and other activities. EC DEV MEM 09/07/2012 First EPA GreoggRgg5Community in the Nation 6-10 Contract # STATE OF UTAH CONTRACT 1. CONTRACTING PARTIES: This contract is between the following agency of the State of Utah: Department Name: Governor' s Office of Economic Development Agency Code: 060 Division Name: GOED (STATE), and the following CONTRACTOR: Moab City Name 217 East Center Street Address Moab UT 84532 City State Zip Contact Person Ken Davey Phone # (4 3 5) 2 5 9 - 5121 Vendor# 87-6000248 Commodity Code# LEGAL STATUS OF CONTRACTOR [ ] Sole Proprietor [ ] Non -Profit Corporation [ ] For -Profit Corporation [ ] Partnership [x] Government Agency Email ken@moabcity.org 2 . GENERAL PURPOSE OF CONTRACT: The general purpose of this contract is to provide: Business Expansion and Retention visits, surveys and training.. . , referred to as 3. PROCUREMENT: This contract is entered into as a result of the procurement process on RX#, , FY Bid# or a approved sole source authorization (from the Division of Purchasing) # SS 4. CONTRACT PERIOD: Effective Date July 1, 2012 Termination Date June 3 0, 2 013 unless terminated early or extended in accordance with the terms and conditions of this contract. Renewal options (if any) All payments under this contract will be completed within 90 days after the Termination Date. 5. CONTRACT COSTS: CONTRACTOR will be paid a maximum of $ 2 7, 50 0.00 for costs authorized by this contract. Additional information regarding costs: 6. ATTACHMENT A: Scope of Work ATTACHMENT B: Division of Purchasing's Standard Terms and Conditions ATTACHMENT C: Grand County Application for Business Expansion and Retention Program and Business Resource Center Any conflicts between Attachment B and Attachment C will be resolved in favor of Attachment B. 7. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED: a. All other govemmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. b. Utah State Procurement Code, Procurement Rules, and CONTRACTOR'S response to Bid # dated IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. CONTRACTOR STATE Contractor's signature Type or Print Name and Title Date Agency's signature Date Director, Division of Purchasing Date Director, Division of Finance Date Agency Contact Person Telephone Number Fax Number Email State of Utah BEAR Contract August 7, 2012 Page 82 of 85 6-10 ATTACHMENT A SCOPE OF WORK State of Utah Contract Business Expansion and Retention Program Overview (BEAR ) The State of Utah through BEAR, Utah Code 63M-1-903(c), is providing funding to promote business and economic development in Waal areas of the state by assisting local economic development efforts in providing business outreach services to aid in the growth of local businesses and the creation or retention of employees. The Grand County Vision: • Improve existing businesses' ability to strengthen their existing customer base, grow their customer base and retain quality employees; • Improve communication and problem -solving opportunities between local businesses and local government to improve the local business climate for business to succeed and grow; • Improve collaboration between BEAR partners to better address workforce needs; • Work with businesses on issues involving recruiting/retaining/training employees and managers; • Provide training to Moab businesses to better manage modem marketing techniques and strategies; • Target opportunities for business to retain and increase "good money" coming into Moab through tourism, limited small business manufacturing and opportunities that will arise with the new USU campus currently being planned; • Retain and increase "neutral money" circulating in Moab — business serving the local population; and • Decrease "bad money" flowing out of the community in collaboration with the Moab Chamber of Commerce, initiate a "Local Supplier List" to encourage businesses to choose in -state supplier options, and where possible, within Grand County. SCOPE OF WORK: To conduct visits to various local businesses, consult and assist businesses, identify and train based on needs assessed in interviews, develop BEAR website and social media network, conduct online training and information technology trainings, develop "Bring it Home" local supplier guide and fund Business Resource Center in Grand County. 01 Q2 Q3 Q4 Total Business Visits: 15 25 25 5 75 Client follow up/consult by client 10 10 12 13 50 Business Trainings 2 2 2 2 8 IT Events 1 1 1 0 3 Local Supplier Guide 0 1 0 0 1 Website and Social Media 0 0 1 0 1 Online ADMINISTRATION AND OVERSIGHT: The Govemor's Office of Economic Development (GOED) will provide administrative oversight of the visits, consulting, training, internet campaign and the Business Resource Center as well as maintain decision authority and act as fiscal agent. BUDGET: Grand County Appropriated Funds: 75 Business Client visits @ $100 each Assistance/Consulting on Specific Needs (30 Clients, $300 Each) Conduct Business Training (8 per invoice) BEAR Website and Social Media Online Trainings (4 at $250 Each) Information Technology Trainings (3 Sessions $250 Each) BEAR Software Renewal Develop "Bring it Home" Local Supplier Guide $7,500.00 $9,000.00 $5,000.00 $2,500.00 $1,000.00 $750.00 $750.00 $1,000.00 Total $27,500.00 CONTACT PERSON: Les Prall of GOED's Office of Rural Development (lprall@titah.gov or 801.538.8804) will be the contact person to consult with the contractor on a regular basis. Ken Davey from Grand County will be the contact person to consult with the state on a regular basis. DELIVERABLES AND REPORTS: Quarterly reports, or other metrics requested by GOED, during the effective term of this contract will provide metrics comprised of the number of company visits conducted as well as professional training, information technology program training, social media campaign and website and "Bring it Home" guide. Other data to be reported will include jobs retained and created, public and private investments by business. The reports will demonstrate the increased awareness of the County's efforts to support the business community through increased participation in business activities, calls to the County economic development staff, and requests for assistance through state programs, as well as economic gardening and training. Payments will be made quarterly based on the successful submission of reports and documentation of activities performed as required by GOED. State of Utah BEAR Contract August 7, 2012 Page 83 of 85 6-10 ATTACHMENT B: STATE OF UTAH STANDARD TERMS AND CONDITIONS 1. AUTHORITY: Provisions of this contract are pursuant to the authority set forth in 63G-6, Utah Code Annotated 1953, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33), and related statutes which permit the State to purchase certain specified services, and other approved purchases for the State. 2. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this contract shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County. 3. LAWS AND REGULATIONS: The Contractor and any and all supplies, services, equipment, and construction furnished under this contract will comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements. 4. RECORDS ADMINISTRATION: The Contractor shall maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the Contractor for costs authorized by this contract. These records shall be retained by the Contractor for at least four years after the contract terminates, or until all audits initiated within the four years, have been completed, whichever is later. The Contractor agrees to allow State and Federal auditors, and State Agency Staff, access to all the records to this contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. 5. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM": The Status Verification System, also referred to as "E-verify", only applies to contracts issued through a Request for Proposal process, and to sole sources that are included within a Request for Proposal. It does not apply to Invitation for Bids or to the Multi -Step Process. 5.1 Status Verification System 1. Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor's new employees that are employed in the State of Utah in accordance with applicable immigration laws including UCA Section 63G-12-302. 2. The Contractor shall require that the following provision be placed in each subcontract at every tier: "The subcontractor shall certify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with applicable immigration laws including UCA Section 63G-12-302 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work." 3. The State will not consider a proposal for award, nor will it make any award where there has not been compliance with this Section. 4. Manually or electronically signing the Proposal is deemed the Contractor's certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws including UCA Section 63G-12-302. 5.2 Indemnity Clause for Status Verification System 1. Contractor (includes, but is not limited to any Contractor, Design Professional, Designer or Consultant) shall protect, indemnify and hold harmless, the State and its officers, employees, agents, representatives and anyone that the State may be liable for, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following: (a) Contractor; (b) Subcontractor at any tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable. 2. Notwithstanding Section I. above, Design Professionals or Designers under direct contract with the State shall only be required to indemnify the State for a liability claim that arises out of the design professional's services, unless the liability claim arises from the Design Professional's negligent act, wrongful act, error or omission, or other liability imposed by law except that the design professional shall be required to indemnify the State in regard to subcontractors or subconsultants at any tier that are under the direct or indirect control or responsibility of the Design Professional, and includes all independent contractors, agents, employees or anyone else for whom the Design Professional may be liable at any tier. 6. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the State of Utah, unless disclosure has been made in accordance with 67- 16-8, Utah Code Annotated 1953, as amended. 7. CONTRACTOR, AN INDEPENDENT CONTRACTOR: The Contractor shall be an independent contractor, and as such, shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent for the State, except as herein expressly set forth. Compensation stated herein shall be the total amount payable to the Contractor by the State. The Contractor shall be responsible for the payment of all income tax and social security amounts due as a result of payments received from the State for these contract services. Persons employed by the State and acting under the direction of the State shall not be deemed to be employees or agents of the Contractor. 8. INDEMNITY CLAUSE: The Contractor agrees to indemnify, save harmless, and release the State of Utah, and all its officers, agents, volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out of the performance of this contract which are caused in whole or in part by the acts or negligence of the Contractor's officers, agents, volunteers, or employees, but not for claims arising from the State's sole negligence. The parties agree that if there are any Limitations of the Contractor's Liability, including a limitation of liability for anyone for whom the Contractor is responsible, such Limitations of Liability will not apply to injuries to persons, including death, or to damages to property. 9. EMPLOYMENT PRACTICES CLAUSE: The Contractor agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the Contractor agrees to abide by Utah's Executive Order, dated March 17, 1993, which prohibits sexual harassment in the work place. 10. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of this contract is illegal and void shall not affect the legality and enforceability of any other provision of this contract, unless the provisions are mutually dependent. 11. RENEGOTIATION OR MODIFICATIONS: This contract may be amended, modified, or supplemented only by written amendment to the contract, executed by authorized persons of the parties hereto, and attached to the original signed copy of the contract. Automatic renewals will not apply to this contract. 12. DEBARMENT: The Contractor certifies that neither it nor its principals are presently or have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency. If the Contractor cannot certify this statement, attach a written explanation for review by the State. The Contractor must notify the State Director of Purchasing within 30 days if debarred by any govemmental entity during the Contract period. 13. TERMINATION: Unless otherwise stated in the Special Terms and Conditions, this contract may be terminated, with cause by either party, in advance of the specified termination date, upon written notice being given by the other party. The party in violation will be given ten (10) working days after notification to correct and cease the violations, after which the contract may be terminated for cause. This contract may be terminated without cause, in advance of the specified expiration date, by either party, upon sixty (60) days prior written notice being given the other party. On termination of this contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination. 14. NONAPPROPRIATION OF FUNDS: The Contractor acknowledges that the State cannot contract for the payment of funds not yet appropriated by the Utah State Legislature. If funding to the State is reduced due to an order by the Legislature or the Govemor, or is required by State law, or if federal funding (when applicable) is not provided, the State may terminate this contract or proportionately reduce the services and purchase obligations and the amount due from the State upon 30 days written notice. In the case that funds are not appropriated or are reduced, the State will reimburse Contractor for products delivered or services performed through the date of cancellation or reduction, and the State will not be liable for any future commitments, penalties, or liquidated damages. 15. SALES TAX EXEMPTION: The State of Utah's sales and use tax exemption number is 11736850-010-STC, located at http://purchasing.utah.gov`contract/documents/salestaxexemptionformsigned.pdf. The tangible personal property or services being purchased are being paid from State funds and used in the exercise of that entity's essential functions. If the items being purchased are construction materials, they will be converted into real property by employees of this govemment entity, unless otherwise stated in the contract. 16. WARRANTY: The Contractor agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to the State of Utah under this contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in this contract. The Contractor (seller) acknowledges that all warranties State of Utah BEAR Contract August 7, 2012 Page 84 of 85 6-10 granted to the buyer by the Uniform Commercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. In general, the Contractor warrants that: (1) the product will do what the salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable for the ordinary purposes for which such product is used, (4) the product will be suitable for any special purposes that the State has relied on the Contractor's skill or judgment to consider when it advised the State about the product, (5) the product has been properly designed and manufactured, and (6) the product is free of significant defects or unusual problems about which the State has not been warned. Remedies available to the State include the following: The Contractor will repair or replace (at no charge to the State) the product whose nonconformance is discovered and made known to the Contractor in writing. If the repaired and/or replaced product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies the State of Utah may otherwise have under this contract. 17. PUBLIC INFORMATION: Contractor agrees that the contract, related Sales Orders, and Invoices will be public documents, and may be available for distribution. Contractor gives the State express permission to make copies of the contract, related Sales Orders, and Invoices in accordance with the State of Utah Government Records Access and Management Act (GRAMA). Except for sections identified in writing and expressly approved by the State Division of Purchasing, Contractor also agrees that the Contractor's response to the solicitation will be a public document, and copies may be given to the public under GRAMA laws. The permission to make copies as noted will take precedence over any statements of confidentiality, proprietary information, copyright information, or similar notation. 18. DELIVERY: Unless otherwise specified in this contract, all deliveries will be F.O.B. destination with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to the State except as to latent defects, fraud and Contractor's warranty obligations. 19. ORDERING AND INVOICING: All orders will be shipped promptly in accordance with the delivery schedule. The Contractor will promptly submit invoices (within 30 days of shipment or delivery of services) to the State. The State contract number and/or the agency purchase order number shall be listed on all invoices, freight tickets, and correspondence relating to the contract order. The prices paid by the State will be those prices listed in the contract. The State has the right to adjust or return any invoice reflecting incorrect pricing. 20. PROMPT PAYMENT DISCOUNT: Offeror may quote a prompt payment discount based upon early payment; however, discounts offered for less than 30 days will not be considered in making the award. Contractor shall list Payment Discount Terms on invoices. The prompt payment discount will apply to payments made with purchasing cards and checks. The date from which discount time is calculated will be the date a correct invoice is received or receipt of shipment, whichever is later; except that if testing is performed, the date will be the date of acceptance of the merchandise. 21. PAYMENT: Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. After 60 days from the date a correct invoice is received by the appropriate State official, the Contractor may assess interest on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on taxpayer refund claims, plus two percent, computed similarly as the requirements of Utah Code Annotated Section 15-6-3. The IRS rate is adjusted quarterly, and is applied on a per annual basis, on the invoice amount that is overdue. All payments to the Contractor will be remitted by mail, electronic funds transfer, or the State of Utah's Purchasing Card (major credit card). 22. PATENTS, COPYRIGHTS, ETC.: The Contractor will release, indemnify and hold the State, its officers, agents and employees harmless from liability of any kind or nature, including the Contractor's use of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article or appliance furnished or used in the performance of this contract. 23. ASSIGNMENT/SUBCONTRACT: Contractor will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the State. 24. DEFAULT AND REMEDIES: Any of the following events will constitute cause for the State to declare Contractor in default of the contract: I. Nonperformance of contractual requirements; 2. A material breach of any term or condition of this contract. The State will issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains, after Contractor has been provided the opportunity to cure, the State may do one or more of the following: 1. Exercise any remedy provided by law; 2. Terminate this contract and any related contracts or portions thereof; 3. Impose liquidated damages, if liquidated damages are listed in the contract; 4. Suspend Contractor from receiving future solicitations. 25. FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The State may terminate this contract after determining such delay or default will reasonably prevent successful performance of the contract. 26. PROCUREMENT ETHICS: The Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the State, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization (63G-6-1002, Utah Code Annotated 1953, as amended). 27. CONFLICT OF TERMS: Contractor Terms and Conditions that apply must be in writing and attached to the contract. No other Terms and Conditions will apply to this contract including terms listed or referenced on a Contractor's website, terms listed in a Contractor quotation/sales order, etc. In the event of any conflict in the contract terms and conditions, the order of precedence shall be: 1. Attachment B: State of Utah Standard Terms and Conditions; 2. State of Utah Contract Signature Page(s); 3. State Additional Terms and Conditions; 4. Contractor Terms and Conditions. 28. ENTIRE AGREEMENT: This Agreement, including all Attachments, and documents incorporated hereunder, and the related State Solicitation constitutes the entire agreement between the parties with respect to the subject matter, and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. The terms of this Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on the Contractor's work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of the Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of the State. The parties agree that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Agreement. (Revision date: 12 July 2011) State of Utah BEAR Contract August 7, 2012 Page 85 of 85 6-10