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PKT-CC-2012-09-25
CITY OF MOAB September 25, 2012 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 69 Page 2 of 69 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 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 4:00pm GCSWSSD 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 9/21/2012 4:09 PM Page 3 of 69 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 69 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 L.r1 o ;Li os 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 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 4:00pm GCSWSSD 5:00pm GCLB MOpm 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 9/21/2012 4:09 PM Page 5 of 69 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 69 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 25, 2012 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 August 28, 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: PROCLAMATION/PRESENTATION 4-1 Proclamation of September 28 and 29, 2012 as Moab Pride Festival Days in Moab, Utah 4-2 Presentation of the Annual Audit of the City of Moab for Fiscal Year 2011- 2012 SECTION 5: NEW BUSINESS 5-1 Acceptance of the Annual Audit of the City of Moab for Fiscal Year 2011-2012 5-2 Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat in the Mulberry Grove Planned Unit Development as Submitted by Susie Harrington 5-3 Approval of a Petition to Vacation, Alter or Amend a Subdivision Plat in the Evans Subdivision as Submitted by Doug and Carma McElhaney 5-4 Approval of a Special Business Event License for the Back To School Carnival to be Held on September 29, 2012 at Rotary Park 5-5 Award of the Animal Shelter Photovoltaic System Bid 5-6 Approval of the Animal Shelter Photovoltaic System Contract 5-7 Approval of Proposed Ordinance #2012-06 - An Ordinance Amending the City of Moab Municipal Code, Title 17.09.220, Off -Street Parking and Loading Page 7 of 69 Requirements and Clarifying the Application of the Exception to the Off -Street Parking Regulations in Commercial Zones 5-8 Discussion Regarding Canyonlands Special Service Health Care District and Moab Regional Hospital Financial Situation SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 8 of 69 MOAB CITY COUNCIL REGULAR MEETING August 28, 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, Kirstin Peterson, Doug McElhaney 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, Community Development Director David Olsen and Deputy City Recorder Danielle Guerrero. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM. Ten (10) members of the audience and media were present. There were no Minutes to be Approved. Under Citizens to Be Heard, Sara Melnicoff gave an update on Friends of the Parkway. Sara Melnicoff also handed out a pamphlet from the Salvation Army and thanked them for helping with medical, gas, prescriptions and housing for the homeless. Ms. Melnicoff also thanked Chief Navarre for offering his help with the homeless. Ms. Melnicoff asked that the City to take over the extra recycling bins in the parks and on the parkway that she is currently maintaining. Charlotte Mates stated that she had attended the Blue Sky luncheon at the Grand Center and that she felt most of the people who attended were unaware of the program and she would like the City to do more advertisements on the Blue Sky Program. Ms. Mates informed the City Council that Bill Barron, Senator Hatch's opponent, would be in Moab on September 12, 2012. Mayor Sakrison opened the Public Hearing on Proposed Resolution #13- 2012 — A Resolution amending the Fiscal Year 2012-2013 Annual Budget at 7:15 PM. A Community Development Department Update was not given. REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD PUBLIC HEARING OPENED COMMUNITY DEVELOPMENT Under Engineering Department Update, City Engineer Andrus stated UPDATE that she was working on getting the Animal Shelter request for proposals (RFP) out by Thursday and that she has been tying up loose ENGINEERING UPDATE ends. City Engineer Andrus stated that she had spoken on behalf of the City of Moab opposing the changes during the Water Rights Hearing. City Engineer Andrus stated that she was working with the City Planning Department on the General Plan, Impact fees, Water and Sewer plans for North Area, Transit Hub and Lions Park. City Engineer Andrus stated that the Stewart Canyon study was almost complete. A Planning Department Update was not given. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that the final touches were being done on the trail and that there had been cleanup of graffiti on the bridges. Public Works Director Foster stated that the Cinema Court Project was complete and that the PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE August 28, 2012 Pop 46ff speed limit on 200 South had been lowered to 20 mile per hour and that the speed bumps on Locust Lane had been repainted. Grand County School Board Member, Beth Joseph, introduced the new School District Superintendent, Dr. Scott Crane. Discussion followed. Mayor Sakrison closed the Public Hearing on Proposed Resolution #13- 2012 —A Resolution amending the Fiscal Year 2012-2013 Annual Budget at 7:28 PM. Councilmember Bailey moved to approve a Modification of Property or Subdivision lines by exchange of title located at 396 West 200 South and 426 West and 200 South for Phillip and Jeanette Kopell. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Request to send a Petition to Vacate, Alter or Amend a Subdivision Plat in Mulberry Grove Planned Unit Development to Public Hearing. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Approve an Agreement by and between the City of Moab and the Moab Trails Alliance to Establish Terms for Upgrading, Building and Maintaining Phase 1 of the Proposed Bike Park at Anonymous Park. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. There was no Reading of Correspondence. Under Administrative Report, City Manager Metzler stated that the Annual City Audit had been completed and that the Audit would be presented to the City Council in September. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Councilmember Peterson stated that she had attended the Utah Health Exchange meeting and that she had information if anyone was interested. Councilmember Stucki stated that he had attended the Grand County Solid Waste Special Service District meeting. Councilmember Stucki stated that the Solid Waste Special Service District as experiencing a large amount of recycling and they were looking for a solution for sorting the recycling. Councilmember Stucki stated that the Solid Waste Special Service District meetings would be held on the second Thursday of each month. Councilmember Stucki asked City Planner Reinhart what was happening next with the General Plan. City Planner Reinhart stated that the process was ongoing. Councilmember Stucki asked that the website be updated. City Planner Reinhart stated that the website update would be complete that week. Councilmember McElhaney moved to approve the bills against the City of Moab in the amount of $1,205,986.62. Councilmember Bailey seconded the motion. The motion carried by roll -call -vote 5-0 aye. Councilmember Stucki moved to adjourn. Councilmember Davis seconded the motion. The motion carried 5-0 aye. PRESENTATION PUBLIC HEARING CLOSED MODIFICATION OF 396 W 200 S APPROVED PETITION TO VACATE, ALTER OR AMEND PLAT FOR MULBERRY GROVE APPROVED AGREEMENT BETWEEN MOAB CITY AND MOAB TRAILS ALLIANCE APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED Mayor Sakrison adjourned the Regular Council Meeting at 7:43 PM. ADJOURNMENT August 28, 2012 Fi4 of 49 APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder August 28, 2012 PAa@igeii of §9 0/7Y OF MOAB, ON/ � MOAB PRIDE FESTIVAL DA SEPTEMBER 28 AND 29, 20/2 WHEREAS, the Annual Moab Pride Festival is an opportunity for all of our citizens to celebra a and recognize the diversity of our community and to promote and advocate the message of tolerance, civility, equality, dignity and respect for all citizens; and WHEREAS, the Moab community is a diverse community that includes people of all races, colors, religious beliefs, nation origins, ages, and genders, and WHEREAS, our community strives for inclusiveness and acceptance of all citizens; and WHEREAS, we embrace and celebrate our individual identities and our commonalities, I would encourage the Moab community to unite in solidarity and common purpose to celebrate the diversity, shared humanity and civil rights of all people. NOW THEREFORE, I, David L. Sabrison, Mayor of the City of Moab, do hereby proclaim September 28 and 29, 2012 an Magof Pavia' L, sakpison Septemo, , Rachel E, Stenta, City R MOAB PRIDE FESTIVAL DAYS Page 12 of 69 City of Moab Planning and Zoning Department Correspondence PL-12-105 August 16, 2012 To: Honorable Mayor and Members of Council From: Jeff Reinhart, Planner 9,e Subject: Approval of a Request to Vacate, Alter or Amend a Subdivision Plat in the Mulberry Grove Planned Unit Development as Submitted by Susie Harrington Background Council reviewed the amended final plat of the Mulberry Grove PUD in a public hearing on September 11, 2012. No one spoke against the changes to the plat and the public hearing was closed. The new plat accomplishes several actions: 1. It redefines the utility easements to encompass the width of the trail and the 10 feet either side of the trail. This change covers all of the sewer and water main extensions except in four places where the easement is expanded slightly more to encompass the actual construction of the services. Realignments of the pathway occurred as a result of the access issues for EMS and other fire and police protection services as well as from installation of the sewer and water lines. 2. The plat illustrates several lot line adjustments that had been approved by Council in February, 2012. 3. The wording in the plat notes that described the easements and right -of -entry provisions was clarified to include the City of Moab and Grand Water and Sewer Service Agency. p:\planning department \2012\correspondence\p1-12-105 mulberry gry amend plat.docx Page 13 of 69 a ree - z)luu.uu plus uD.uu amended lot or unit. Receipt No. PETITION TO VACATE, ALTER OR AMEND 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: CTTY RECORDER Rachel Ellison Date Page 14 of 69 5 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 15 of 69 t), 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. 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CBCIN WV `3n0I[D K1I-1I3fl3111N lu IDId IDN!3 V 11100010Y MASS 8 1131Vii +..11..r r I.I•NYI..r.'---w., w �I..N _ _ ON3031 aw r ..W <.Y.a . •�In.n.�� ^J�' City of Moab Planning and Zoning Department Correspondence P1-12-141 August 16, 2012 To: Honorable Mayor and Members of Council From: Jeff Reinhart, Planner C.)R Subject: Approval of a Request to Vacate, Alter or Amend a Subdivision Plat in the Evans Subdivision as Submitted by Doug and Carma McElhaney Background The City has received a request to amend the lot lines of Lots 3-5, Block V. The applicants are proposing to relocate the east -west boundary line between Lots 3 and 4 and Lot 5 to the south. This ten foot shift will eliminate an inadvertent encroachment of an existing structure on Lot 5, allow an adequate setback for this structure, and will provide two lots (3 and 4) of 5,000 square feet for attached single family dwellings. Discussion The proposed amendment of this portion of the subdivision complies with State Code Chapter 10-9a-608(2) that allows a subdivision plat to be amended without a public hearing before the Land Use Authority if: (a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (A) owned by the petitioner; or (B) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local ordinance. (3) Each request to vacate or amend a plat that contains a request to vacate or amend a public street, right-of-way, or easement is also subject to Section 10-9a- 609.5. Page 18 of 69 g-3 City Council TRI MAC Amended Plat September 21, 2012 2 (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4)(a) who consents to the petition. This requested subdivision meets the applicable requirements also listed in the Moab Municipal Code. 1. It does not increase the number of lots, 2. All properties are owned by the applicant, 3. The lots meet the dimensional requirements of the R-2 Zone. p:\planning department \20I2\correspondence\p1-12-141 cc tri mac.docx Page 19 of 69 53 Moab City Council We are requesting a lot line adjustment for Lots # 3, 4 & 5 Evans Subdivision. We own all three lots. We are not asking to make more lots. The 1st owner of lots 3, 4 &5 Evans Subdivision built a house on lot #5, sometime later they built an addition on the house, that addition is partially on lots #3 & 4. To be able to use lots 3 & 4 and to give the proper setbacks for the house on lot 5, we are asking to adjust the line between these 3 lots. This adjustment will leave the proper setbacks and access to the back of lot #5, and lots #3 & 4 will be both halves of a twin home lot. Thank you Doug & Carma McElhaney Page 20 of 69 5 NinNO:,311 L1N00I -333-30Vd -N000- 3XLL-31V0 D 153103I 7Nl 1V 0300173M -!0 'co 'Moon p ans Vir manna LIAlf103 1L311Y '03AONdri OW 03A03301 SWA NOSNIOEI v.! n AVOW slu WAYX ALP WON 34 Ol 03/N3331d 7PA0aadY MUM 1W1 u9 ®24' - e NANA f Z1OZ ZI 3d3 3LY0 tfStB 101/7 wan' 1334'1S AWN-70 1SY-7 dY 9Nlifff cINS ' oNd7 HOOKY AY 0331031141 A1MI00 NI NN N 0t10M OAri1ON S3od13 N065101100 AN 31/1S ]11l 031117313 3M33N IYMI ancer rANH)Y 0ri '1N311n01SN 50I Ol NIOoms (Sri) SI SOWN NONA (0110503d 311 30 Ol 301806%3 A0010YSIIS 30 VIVO 310. 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A WW-O IEIANY WWOO O N a Ns1Oi`,v1.4001 N4 01 11: 'MOW00 03WOW 214e1 e�WM. 303N E'L WWI NM W1oa Yin ova YNem IN 3I a' I, WW1 ISO SNOW 01103E0W ON ]Oar WNW OW SIYO NullON A 1001310410 ]N Ir Nano.Y x WIN tl3� S SA C A OW .1 0141000.a pm �11A ]�aY Y A31 VN]NYYal'a WANE ICP1ieniNv01N NO v 3 sun A� • NO11,003330 ANYONAOS lra SOIL NO WOK SY 0141000 314 10 03ri15 ONI 03A3AI1115 A,l0311030 N331 SVH 3315 1Y111HOOOri -3N3N 51330/S OW 5/0011 0110 01111 n 10Y11/ 0115 = oans WON CWI T01311 0301/8530 OW lrld SIM ND NYANS ONO n lOYW 31.11 n A3ALMS V 30VX 3SYM 1 %WN10 3141 n A1NPNlnr 1130W1 lYNA A.01033 NLINM I ONY Wan n SIVAS 3/0 n WWI 341.1 0301111 0100003M SY TOSIL1 UN 311014111133 OWN 110141 Ori 1113S311NS ONr, riJA 03113IS10311 Y 11Y I LYNI 1.1133 A0311311 00 .180331 'X AH10NI 'I 311,013112130 s,30zan311S K N]V gsYi10 NIl/1 xlfp dm-Limy& A33Ngut .l3Wend Nov wWY.Mru • SOL w NN T001NY12011 ue 0 CIN SDN1 13381S 1-11,0N 00* � 1 1Y7d S/J1l it I mur I I mVi ••N YS can G Y 'li Ys Nov p Y-E ma 4q i _ �. AWN Y-1 101 m'W q AL AM. oNNolan3 .1 — NaN NN IONI. NJ - 11 /7 QI S N/W01 ISSX10 I I Nvs con p 01 YLS 101 41 I Hvin 'A1N(100 ONYNO 'A110 BYON '1315 '3 IZ N 'S SZ 1 '9f '03S NIH1N1 'NOISY,IOSI1S SNYA3 d0 'A N0013 'S lP 1 'f S101 AO Darlisnrav 3NI1 ANYON008/1Y1d-38 V NoIsuuasns Odw AO 1Yld IYNIN Y mV31 ,SY3 A IN Ynom°CORSO'S Dos] �1 ' a + 31V0S 03I3avN� 1 3:1d 31roav i Page 21 of 69 N Block V, Lots 3-5 Evans Subdivision 0 15 30 60 90 120 Feet Page 22 of 69 1 inch = 30 feet 5-3 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT /� Utah State Code 10-9a-608(2)(a) Applicant: 00/7 l Gl 1`fite.E 1401 g y Phone: `7 3 S - 2bo- A b e f Mailing Address: yq3 roijoh-toodrl 4foc{E-mail: ,//Ott 0.4i of tetiteS94)le F Size of Properties: Sal - 9,0662$.>67/ 1/^/1- g000 .c.y,01 274 (000 Location of Affected Properties: 1/00 tVoti 206 Lima- / eak L[7' F A short narrative describing the reason for the amendment is required and is part of a complete application. Failure to submit a narrative will delay review of the application. 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: Fee - $100.00 plus $25 00 per amended lot or unit. Receipt No. 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. Page 23 of 69 Pt i i I ION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CITY RECORDER Rachel Stenta Date ERS. State of w\""1'^ County of G,e-o-ArN-ci `� Coar- mg..S • If lnc f- I ko-v iAi On the day of �� lZ, personally appeared before me 1)64.0a.S. C. Me F IlleuAat (name of owner(s)) , who duly acknowledged to me that they executed the same. '?^/ ? -/ z D 1_17— I ate Date DAWN RENAE EDDY Notary Public State of Utah My Commission Expires on: May 20, 2014 Comm. Number: 582584 ) § ) My Commission Expires: OWNERS: Notary Public Residing in Date Page 24 of 69 �,-3 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-51 21 FAX NUMBER (435) 259-4135 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCK! To: Honorable Mayor and City Council From: Donna Metzler, City Manager z Date: September 21, 2012 Subject: Special Event License for Back to School Carnival The City Special Events Committee has reviewed the application for the Special Business Event License for the Back to School Carnival sponsored by Grand County Prevent Child Abuse. 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 will take place at Rotary Park and will be open to the public. All appropriate reservations have been made. The Special Events Committee recommends approval of the Special Business Event License for the Back to School Carnival to be held on September 29, 2012. While this event takes place at the same time as several other events, conflicts are not expected due to the varied locations of the events and there being no need for traffic control or other city staff for this particular event. ADM-MEM-12-07-003 Page 25 of 69 5-4 DATE PAID: AMOUNT PAID: RECEIPT NO.: A, 0 8Y3.77 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): TRANSIENT MO): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $80.00 80 NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: BAcx 40 ,.SC f110DL ev,1),CA// 1//Q /_,16APVAC" 6Angaah Prcwwr}"1a{' AtP•SG) &fr»Es, sv40ie.r».srze -i ap.P7 ,/S f faoo Pre Yen ho rl 471>4 /45 /Y%B� MTAW Rcr Ay PArk)214. TEMPORARY STRUCTURES TO BE USED (IF ANY): CO /I 0 p y TcAnis t I� DATE(S) AND TIME(S) OF EVENT: , SG P 02 I? s 1 s 4T41,2/»/A ANTICIPATED # OF EVENT PARTICIPANTS: ^^�� NUMBER OF VENDORS PARTICIPATING: S.- O!Q I ne I TYPES OF VENDORS PARTICIPATING IN EVENT: /Vi OW raf/ - -MCD/ Mi47/ ssll74-ai iVy fodopariI See4e-ilwa�� Jt Arkr ( WANiff:3/ CC -A) EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): f 4re t 7R lH 1�-! ►�T CMG . % C X C for r drimpe, /A - EVENT SPONSORS NAME: SPONSORS ADDRESS: l L S SPONSORS DRIVER LICENSE NUMBER 8c STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: v1S� a 71/c.CCf Ayr gsolA Gawles pAy tAiiCf r4"rri i" c Ai id A�..se CITY: Y1/n STATE: PHON-[_(45` - 5 ZIP: IsLbz DATE OF BIRTH: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP ❑ CORPORATION 70THER (SPECIFY): A/PA `203eQ/P/T NAME REGISTERED WITH THE STATE FOR TAX ID: _Pf-titn f �h 04 Ably_ itti* EVENT SPONSORS SALES TAX ID #: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE IS ANCE OF A LICENSE ILL BE DELAYED. I/WE \�E PRI \UW HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY ESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE N CONTAINED R • IN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION NT (SPONSOR E APREE TO FILE THE PROPER REPORTS WITHHE STT TE OF UTAH. State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this day of NOTA'Y PUBLIC J ate SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! SETH JOSEPH Notary Public State of Utah Comm. No. 606925 My Comm. Expires Aug 8, 2015 Page 26 of 69 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: 11 • 061 • P 2,0/ SIGN PERMIT: f24u i rtd MOVED -ON NECESSARY: ❑ YES NO REQUIRES PLANNING �Q COMMISSION APPROVAL ❑ YES 1�1 NO REVIEWED BY ZONING ADMINISTRATOR: DATE: `' i .12" NAME OF APPLICANT: ('Aw aUtvi Pretof Pak rapo-1 V APPLICANT'S MAILING ADDRESS: 215b CITW STATE: ZIP: BUSINESS NAME: /�, BUSINESS LOCATION: -61 -V ` \A2j 1°1/4/! rC — ZONE: si22+ S?GGIAl .-\t•ereli - �tf , L AL-J DETAILED DESCRIPTION OF BUSINESS ACTIVITY: �.V.,, VP Sf iSD 1 Page 27 of 69 06/16/05 CITY OF MOAB ENGINEERING DEPARTMENT CORRESPONDENCE September 20, 2012 Memo To: Honorable Mayor and Members of Council From: Rebecca W. Andrus, City Engineer Subject: Moab City Animal Shelter Photovoltaic System The City of Moab sent out a Request for Proposals (RFP) to find contractor to provide turnkey services for the designing, engineering, and supplying of all labor and materials to deliver, install, and commission a cost- effective and energy efficient solar photovoltaic (PV) system on the roof of the Moab City Animal Shelter. The $43,500 of grant funding for this project was obtained from the Rocky Mountain Power Blue Sky Program. On September 14, 2012, four companies responded. Proposals were provided by American Solar Power, Sunlight Solar Systems Inc, Alpenglow Solar LLC, and Intermountain Wind & Solar. The proposals were evaluated based on the proposer's Understanding of Project and Schedule (20 percent), Qualifications (30 percent), Experience (30 percent) and Cost and Overall Service Value (20 percent). Upon evaluation, it was determined that Intermountain Wind & Solar ranked the highest and is the preferred contractor to perform the work. It is my recommendation that the City of Moab accept the proposal from Intermountain Wind & Solar for the design and construction of the Moab City Animal Shelter Photovoltaic System in the amount not to exceed $43,500. Sincerely, adit. A,s,,, Rebecca Andrus Page 28 of 69 5-5 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System CONSTRUCTION CONTRACT PROJECT TITLE: ANIMAL SHELTER PHOTOVOLTAIC SYSTEM This CONTRACT is made this the t" day of , 2012, by and between the City of Moab, 217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "CITY") and INTERMOUNTAIN WIND AND SOLAR, (hereinafter referred to as "CONTRACTOR") CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is known as and is hereinafter referred to as ANIMAL SHELTER PHOTOVOLTAIC SYSTEM and is described in detail in the Contract Documents which contain the full scope of work. 1.02 CONTRACTOR shall complete, provide and perform, or cause to be performed, all work in a proper and workmanlike manner, with appropriate consideration for public safety and convenience, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expediency consistent therewith all as more particularly described in the Contract Documents. ARTICLE 2 - CITY'S REPRESENTATIVE CITY has appointed a CITY'S REPRESENTATIVE (sometimes referred to as CITY REP and sometimes known as the Owner's Representative or Construction Manager) to manage this Project and to represent the CITY on the Project site. The CITY REP will assume all duties and responsibilities and will have all rights and authority assigned to the CITY REP in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Any references in the Contract Documents, or other pertinent documents, to the Engineer or Project Engineer shall mean the CITY REP. The CITY'S REPRESENTATIVE for this Project is: Jeff Foster, Public Works Director ARTICLE 3 - CONTRACT TIME 3.01 CONTRACTOR shall submit to CITY, on or before the effective date of this Contract, a Construction Progress Schedule in Critical Path Method (CPM) format indicating the times for starting and completing the various stages of the Work, including any Milestones specified in this Contract and as more fully described in the General Conditions and other Contract Documents. Revisions/updates to the CPM schedule shall be submitted as often as necessary to accurately reflect plans for completion of the work, but no less frequently than required in the Contract Documents. CC - 1 5-6 Page 29 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System 3.02 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial Completion and for Final Completion and readiness for final payment as stated in the Contract Documents, are of the essence of the Contract. 3.03 The Work shall be substantially complete within 60 calendar days after the date when the Contract Times commence to run based on the Notice to Proceed as provided in the Contract Documents, and all Work shall be finally completed and ready for final payment in accordance with the Contract Documents within 75 calendar days after the date when the Contract Time commences to run. Contractor shall be expeditious in providing required documentation so that the Notice to Proceed can occur within 15 calendar days of the Notice of Award. Failure to do so may result in a reduction of the Contract Time specified above. 3.04 Failure of CONTRACTOR to perform any covenant or condition contained in the Contract Documents within the time periods specified shall constitute a material breach of this Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and receives an extension of time, in accordance with the procedures set forth in the Contract Documents. 3.05 Failure of CITY to insist upon the performance of any covenant or condition within the time periods specified shall not constitute a waiver of CONTRACTOR'S duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition. 3.06 The CITY'S agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of CONTRACTOR to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this Contract entitling CITY to all the remedies set forth herein or provided by law. ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES 4.01 Liquidated Damages: A. It is hereby agreed that the amounts per day set forth herein in paragraph B. are reasonable estimates of such damages, that said amounts do in fact bear a reasonable relationship to the damage that would be sustained by CITY, and CONTRACTOR agrees to pay such liquidated damages as herein provided. B. CITY and CONTRACTOR recognize that time is of the essence of this Contract and that CITY will suffer financial loss, in addition to and apart from the costs described in Paragraph 4.02, if the Work and/or portions of the Work are not performed and completed within the times specified in Article 3, plus any extensions thereof allowed in accordance with the Contract Documents. Accordingly, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY two hundred dollars and no cents ($200) for each calendar day that expires after the time specified in Article 3 for substantial completion, until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred dollars and no cents ($500) for each day that expires after the time specified in Article 3 for final completion and readiness for final payment. CC-2 5-6 Page 30 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System 4.02 Special Damages: In addition to the amounts provided for liquidated damages, CONTRACTOR shall pay CITY the actual costs reasonably incurred by CITY for the CITY REPRESENTATIVE, the Project Designer and for engineering and inspection forces employed on the Work for each day that expires after the time specified in Article 3 for Final Completion, including any extensions thereof made in accordance with the Contract Documents, until the Work is finally complete. The rate for CITY inspection services for this contract is $60 per hour. The rate for work by the CITY REPRESENTATIVES is $60 per hour. Each of these hourly rates is calculated at time and one half for work required to be performed during other than normal business hours. 4.03 CITY may withhold and deduct from any payment due to CONTRACTOR the amount of liquidated damages, special damages, and other damages incurred by the City as provided in the Contract Documents. ARTICLE 5 - CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amounts set forth or calculated as specified in this Article 5. 5.01 For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those amounts listed on the Bid Schedule attached as Exhibit A. All specific cash allowances are included in such lump sum unit price and have been computed in accordance with the Contract Documents. 5.02 For all Unit Price Work, an amount equal to the sum of the unit prices for each separately identified item of Unit Price Work, as indicated in the proposal, times the actual quantity of that item installed or constructed in the work, as determined by CITY REP in accordance with the Contract Documents. The unit prices listed on the Bid Schedule are all- inclusive of labor, material, profit, overhead, taxes and other miscellaneous costs pertinent to each work or bid item. The not -to -exceed total of all Unit Prices and all Lump Sum items as set forth in the Bid Schedule for the Base Bid is Forty -Three Thousand Five Hundred Dollars and No Cents, ($ 43,500.00). As provided in the Contract Documents, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by CITY REP. In the event CONTRACTOR believes the quantities of any item of the Work will exceed the estimated quantities listed above, CONTRACTOR shall notify CITY REP before proceeding with that item of Work in order to allow CITY REP to document and record the actual quantities. If CONTRACTOR fails to notify CITY REP prior to proceeding with any item of the Work and CITY REP is unable to verify the actual quantities to his or her satisfaction, CONTRACTOR shall be bound to the quantities estimated by CITY REP. In the event that actual quantities used and incorporated into the Work for all Unit Price Work are less than the estimates shown in Exhibit A, then the contract price shall be adjusted downward proportionately based upon the specified unit prices and the actual quantities used. CC-3 5-6 Page 31 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System ARTICLE 6 - PAYMENT PROCEDURES 6.01 CONTRACTOR shall submit completed Applications for Payment in accordance with the Contract Documents. No payment application will be considered complete unless it is accompanied by an updated Construction Progress Schedule and a certification that the on - site, red lined, as -built drawings are up to date. Each application for payment shall constitute a certification by the Contractor that all statements contained in the application are true and correct and that the work represented in the application is complete to the extent specified and done in conformity with the Contract Documents. Completed Applications for Payment will be processed by CITY REP as provided in the Contract Documents. 6.02 Progress Payments: A. On or before the first (1st) day of each month after the date when the Contract Time commences to run, CONTRACTOR shall submit to CITY REP, for review, completed Applications for Payment with payment and lien waivers covering Work performed during the preceding calendar month. Provided a pay application is complete and submitted on or before the first of each month, the CITY will make monthly progress payments based on the progress of the Work, as shown on CONTRACTOR'S Application for Payment, and as certified and approved by CITY REP and measured by the schedule of values provided for in the General Conditions on or before the 15th of each month, subject to the other conditions set forth herein and in the other Contract Documents. Complete pay applications submitted after the first of each month shall be due on or before twenty five (25) days from the date of submittal to the CITY REP, provided that they are certified for payment. B. To insure the proper performance of the contract CITY shall retain five percent (5%) of the amount of each approved progress payment until the Work is certified by the City Rep as being Substantially Complete. C. CITY may withhold and deduct from progress payments, retention proceeds, or final payment an amount equal to CITY'S estimate of the liquidated damages then due, or that would become due based on CITY'S estimate of late completion of the Work, together with such other sums as are provided in these Contract Documents. 6.03 Final Payment: Upon final completion and acceptance of the Work and upon compliance with all other terms and conditions of the Contract Documents, CITY shall pay the remainder of the Contract Price, including retainage withheld, less such deductions as may be withheld to cover claims in accordance with state law and the Contract Documents, and to cover liquidated and special damages and other charges owing to CITY. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the following representations: 7.01 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda) and other related data identified in the Bidding Documents, including "technical data" and all federal, state and local laws, ordinances, standards, rules and CC-4 5-6 Page 32 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.02 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) the reports of investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) and the drawings of physical conditions in or relating to existing surface or subsurface structures, at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing all the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. The reports and drawings available to CITY are listed in the Supplementary Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY and CITY'S REP do not assume responsibility for the accuracy or completeness of information and data shown or indicated therein with respect to Underground Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for locating and resolving any conflicts with any Underground Facilities. 7.03 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.04 CONTRACTOR has made or caused to be made examinations, investigations, tests, studies and related data as he deems necessary, and CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract times and in accordance with the other terms and conditions of the Contract Documents. 7.05 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, reports, and data, with the terms and conditions of the Contract Documents. 7.06 CONTRACTOR has given CITY REP written notice of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. CONTRACTOR assumes full responsibility and liability for any conflicts, errors or discrepancies in the Contract Documents, including, but not limited to, the specifications, design and engineering for the project, for which written notice has not been provided and which an adequate review by CONTRACTOR would have revealed. ARTICLE 8 - CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of those listed below. There are no Contract Documents other than the following: CC-5 5-6 Page 33 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System 8.01 The Contract 8.02 The Request for Proposals 8.03 The Proposal from Intermountain Wind and Solar entitled Animal Shelter Photovoltaic System and dated September 12, 2012 8.04 Notice to Proceed to be issued after Contract award, prior to construction. 8.05 The following which may be delivered or issued after the Effective Date of this Contract and are not attached hereto: A. Written Amendments; B. Work Change Directives; C. Change Order(s). ARTICLE 9 - INSURANCE 9.01 General Insurance Requirements: A. CONTRACTOR, at its own expense, shall purchase and maintain insurance of the types and amounts required in this section, with companies possessing a current A.M. Best, Inc. rating of B++6, or better and legally authorized to do business in the State of Utah with policies and forms satisfactory to CITY. B. Policies written on a "Claims made" basis are not acceptable without written permission from the City's Attorney. C. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of CITY, constitute a material breach of this Agreement and may result in termination of this contract. D. If any of the insurance policies are not renewed prior to expiration, payments to the CONTRACTOR may be withheld until these requirements have been met, or at the option of the City, the City may pay the Renewal Premium and withhold such payments from any monies due the CONTRACTOR. E. All insurance policies, except Workers' Compensation and Professional Liability required by this Agreement, and self -insured retention or deductible portions, shall name, to the fullest extent permitted by law for claims arising out of the performance of this contract, the City of Moab, its agents, representatives, officers, directors, officials and employees as Additional Insureds. F. CONTRACTOR's insurance shall be primary insurance over any insurance available to the CITY and as to any claims resulting from this contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. G. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against CITY, its agents, representatives, officers, directors, officials and employees for any claims arising out of CONTRACTOR 's acts, errors, mistakes, omissions, work or service. CC-6 5-6 Page 34 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System H. The insurance policies may provide coverage which contain deductibles or self - insured retentions. Such deductible and/or self -insured retentions shall be assumed by and be for the account of, and at the sole risk of CONTRACTOR. CONTRACTOR shall be solely responsible for the deductible and/or self -insured retention. The amounts of any self -insured retentions shall be noted on the Certificate of Insurance. CITY, at its option, may require CONTRACTOR to secure payment of such deductibles or self -insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. Self -insured retentions in excess of $10,000 will not be accepted except with permission of the Management Services Director/designee. I. All policies and certificates shall contain an endorsement providing that the coverage afforded under such policies shall not be reduced, canceled or allowed to expire until at least thirty (30) days prior written notice has been given to CITY. J. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the CONTRACTOR with reasonable promptness in accordance with the CONTRACTOR's information and belief. K. In the event that claims in excess of the insured amounts provided herein, are filed by reason of any operations under this contract, the amount of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the CONTRACTOR until such time as the CONTRACTOR shall furnish such additional security covering such claims as may be determined by the CITY. 9.02 Proof of Insurance - Certificates of Insurance A. Prior to commencing work or services under this Agreement, CONTRACTOR shall furnish to CITY Certificates of Insurance, issued by CONTRACTOR's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and obtain from the City's Risk Management Division approval of such Certificates. B. If a policy does expire during the life of this Agreement, a renewal certificate must be sent to the City of Moab five (5) days prior to the expiration date. C. All Certificates of Insurance shall identify the policies in effect on behalf of CONTRACTOR, their policy period(s), and limits of liability. Each Certificate shall include the job site and project number and title. Coverage shown on the Certificate of Insurance must coincide with the requirements in the text of the contract documents. Information required to be on the certificate of Insurance may be typed on the reverse of the Certificate and countersigned by an authorized representative of the insurance company. D. CITY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. CITY shall not be obligated, however, to review same or to advise CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall not relieve CONTRACTOR from, or be deemed a waiver of CITY's right to insist on, strict fulfillment of CONTRACTOR's obligations under this Agreement. 9.03 Required Coverage - Such insurance shall protect CONTRACTOR from claims set forth below which may arise out of or result from the operations of CONTRACTOR under this Contract and for which CONTRACTOR may be legally liable, whether such operations be by the CONTRACTOR or by a Sub -consultant or subcontractor CC-7 5-6 Page 35 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Coverage under the policy will be at least as broad as Insurance Services Office, Inc., policy form CG00011093 or equivalent thereof, including but not limited to severability of interest and waiver of subrogation clauses. A. Claims under Workers' Compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; B. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; C. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; D. Claims for damages insured by usual personal injury liability coverage; E. Claims for damages, other than to Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; F. Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; Coverage will be at least as broad as Insurance Service Office, Inc., coverage Code "I" "any auto" policy form CA00011293 or equivalent thereof. G. Claims for bodily injury or property damage arising out of completed operations; H. Claims involving contractual liability insurance applicable to the Contractor's obligations under the Indemnification Agreement; I. Claims for injury or damages in connection with one's professional services; J. Claims involving construction projects while they are in progress. Such insurance shall include coverage for loading and off loading hazards. If any hazardous material, as defined by any local, state or federal authorities are to be transported, MCS 90 endorsement shall be included; 9.04 Commercial General Liability - Minimum Coverage Limits: The Commercial General Liability insurance required herein shall be written for not less than $1,000,000 limits of liability or ten percent (10%) of the Contract Price, whichever coverage is greater. Any combination between general liability and excess general liability alone amounting to a minimum of $1,000,000 per occurrence (or 10% per occurrence) and an aggregate of $2,000,000 (or 20% whichever is greater) in coverage will be acceptable. The Commercial General Liability additional insured endorsement shall be as broad as the Insurance Services, Inc's (ISO) Additional Insured, Form B, CG 20101001, and shall include coverage for CONTRACTOR's operations and products, and completed operations. 9.05 General Liability - Minimum Coverage Limits A. The General Liability insurance required herein, including, Comprehensive Form, Premises -Operations, Explosion and Collapse, Underground Hazard, Products/Completed Operations, Contractual Insurance, Broad Form Property Damage, Independent Contractors, and Personal Injury shall be written for Bodily Injury and Property Damage Combined shall be written for not less than $1,000,000 or 10% of the contract cost and with a $2,000,000 aggregate. CC -s 5-6 Page 36 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System B. Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any owned, hired, and non -owned vehicles assigned to or used in performance of the CONTRACTOR's work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards if hazardous substances, materials or wastes are to be transported and a MCS 90 endorsement shall be included with coverage limits of $5,000,000 per accident for bodily injury and property damage. 9.06 Worker's Compensation and Employer's Liability: A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over CONTRACTOR's employees engaged in the performance of the Work or Services; and, Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease coverage for each employee, and $1,000,000 disease policy limit. B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of CONTRACTOR. ARTICLE 10 - INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless the City of Moab, its agents, representatives, officers, , officials and employees from and against all claims, damages, losses and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this Contract. CONTRACTOR'S duty to defend, hold harmless and indemnify the City of Moab, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from any acts, errors, mistakes, omissions, work or services in the performance of this contract including any employee of the CONTRACTOR or any tier of subcontractor or any other person acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. CC-9 5-6 Page 37 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System ARTICLE 11 - BA-NBS 11.01 Bid Security will be returned to the Contractor once the Contract is executed. 11.02 Contemporaneous with issuance of the Notice to Proceed, Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63 56 38 benefit of the City to secure Contractor's performance of its construction obligations under this acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations. 11.03 Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. 11.04 The letter of credit, payment bond, and performance bond shall be released no later than one year from the last day of performance of labor or service or supplied equipment or material, provided that no person has provided a de commenced an action seeking payment against the City or under any such instrument within commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. 11.05 Contractor shall obtain written lien and payment waivers as specified in Exhibit A, payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms each disbursement pursuant to the Contract. The failure of any party to enforce against 11.06 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal Contract Documents. ARTICLE 12 - MISCELLANEOUS 12.01 Terms used in this Contract which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. CC - 10 5-6 Page 38 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System 12.02 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 12.03 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. This Contract will be effective on , 2012. FOR THE CITY OF MOAB ATTEST: MAYOR City Recorder FOR THE CONTRACTOR ATTEST: If Corporation Signature Secretary STATE OF UTAH )§ COUNTY OF GRAND On the day of , personally appeared before me same. CC - 11 , who duly acknowledged to me that they executed the Notary Public 5-6 Page 39 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System My Commission Expires: Residing in: Grand County CC - 12 Page 40 of 69 City of Moab — Construction Contract Project: Animal Shelter Photovoltaic System Exhibit A ARTICLE 13 - PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of 20 by ("Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ , check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the project owned by the Oty and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. CC - 13 By: Subcontractor Title: 5-6 Page 41 of 69 City of Moab Planning and Zoning Department Correspondence September 20, 2012 Memo To: Honorable Mayor and Members of Council From: Jeff Reinhart, City Planner (.74e Subject: Approval of Ordinance #2012-06 to Amend Chapter 17.09.220, Off-street parking and loading -Number of spaces, by Changing the Language for On -Street Parking Exceptions in the C-3 Central Commercial Zone, as Referred to Council by the Planning Commission Discussion This ordinance will amend Chapter 17.09.220 to clarify the requirements for off-street parking exceptions in commercial zones and to allow more flexibility in approving exceptions for various types of businesses and necessary housing types in all zones. Options Council can vote to: 1) Approve the ordinance as written; 2) Approve the ordinance with changes; 3) Establish a time and date for a public hearing; 3) Table the ordinance for additional information. Key Points • The code currently allows parking exceptions in all zones but in the C-3 Zone, it is restricted to short term parking. The proposed amendments for commercial development are the result of future infill applications that were either denied or not pursued because the requirements for exceptions were too stringent under the "less than one hour" time frame. The proposed developments were located off of Main Street but still within the C-3 Zone and could not obtain necessary long term parking based on the time limit. • Staff has reviewed the code sections for enforceability and found that planning and zoning and police department employees are unavailable for enforcement of the short term provisions. There are just not enough staff members to go around marking tires. Also, the requirement that the spaces have to be located in front of the affected business is impossible to enforce Page 42 of 69 PL-12-140 Moab City Council Ordinance #2012-06 Parking Exceptions September 20, 2012 Page 2 of 3 especially on corner businesses and where there is a lot of parallel parking. There is not enough curb length to allow this restriction to be functional. • The code allows for special housing types in many zoning districts. Quite often, these types of emergency or transitional affordable housing uses contain residents who cannot or will not drive a vehicle. Even at the lowest allowed rate of one space per 1,000 square feet per parking space, the required parking exceeds what is necessary for the use. If we are encouraging these housing types then greater flexibility is needed in determining parking for their specific parking demands. • Under the draft ordinance, the applicant must still provide evidence that the exception, if granted, is a minimum exception that will not alter the essential character of the neighborhood. The use of the studies and reports mentioned in subsection Q, must also be provided by the applicant for review by the planning commission. Summary of Text Change There are three amendments to the code language. The first change is to: 1. Repeal subsection R and incorporate some of the specific requirements for the C-3 into paragraph 4. 2. Remove the minimum of 1 parking space for each 1,000 square feet of floor area under subsection Q. 3. Remove the reference of "less than one hour" from the code. Please refer to the attached strike -out version of the ordinance for comparison. Page 43 of 69 5 -� PL-12-140 Moab City Council Ordinance #2012-06 Parking Exceptions September 20, 2012 Existing Code Language. 17.09.220 Off-street parking and loading -Number of spaces. Q. Page 3 of 3 Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. The planning commission shall consider how use changes may affect the future parking needs of the development. At least one parking space per one thousand square feet of floor area shall be the fewest parking spaces permitted for special exception requests. R. On -Street Parking Exception. In the C-3 central commercial zone, the planning commission may allow on -street parking spaces to be counted towards the minimum off-street parking requirements of a development. The applicant shall demonstrate that on -street parking is reasonably available for short-term (less than one hour) parking. Spaces shall front the development and shall not be located within thirty feet of an intersection. The public works director and zoning administrator shall address visibility and safety concerns. p:\planning department\2012\correspondence\p1-12-81 cc parking exceptions.docx Page 44 of 69 S� DRAFT ORDINANCE #2012-06 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.09.220, OFF-STREET PARKING AND LOADING REQUIREMENTS AND CLARIFYING THE APPLICATION OF THE EXCEPTION TO THE OFF-STREET PARKING REGULATIONS IN COMMERCIAL ZONES WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City realizes that there are various types of future commercial infill development not on Main Street that are located in the C-3 Zone that may benefit from the same requirements for off-street parking exceptions that are enjoyed by businesses in other commercial zones; and WHEREAS, the City desires to encourage the development of specific types of emergency, affordable, and transition housing and has determined that the requirements for special exceptions to the off-street parking regulations do not allow enough flexibility for those agencies who provide living quarters for residents who do not drive; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on April 12, 2012, met to hear testimony and determine the merits of the changes to Chapter 17.09.220 of the Moab Municipal Code; and commercial development in Moab City; and b WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2012-06 is in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2012-06 in a duly advertised public meeting held on April 24, 2012, to hear and decide the merits of the proposed changes to Moab Municipal Code Chapter 17.09.220, but the ordinance was referred back to the Commission for clarification and revisions; and, WHEREAS, the Commission in a duly advertised public meeting held on September , 2012, met to review and approve the amendments to Ordinance #2012-06; and WHEREAS, the Commission found that the proposed changes to said code chapter would benefit greater commercial development and various types of residential uses for citizens in need of assistance in Moab City: and WHEREAS, Council agrees with the Planning Commission and found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2012-06 is hereby adopted to amend the Municipal Code as follows: Page 45 of 69 5 DRAFT 17.09.220 Off-street parking and loading -Number of spaces, That reads: Q. Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. The planning commission shall consider how use changes may affect the future parking needs of the development. At least one parking space per one thousand square feet of floor area shall be the fewest parking spaces permitted for special exception requests. IS HEREBY AMENDED AND SHALL NOW READ: Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. 4. For businesses located on Main Street in the C-3 Zone the applicant shall Page 46 of 69 DRAFT demonstrate that on street parking is reasonably available for short term parking. The public works director and zoning administrator shall address visibility and safety concerns. The planning commission shall consider how future use changes may affect the future parking needs of the development._ , exception,shall be at And subsection R that now reads: R. On -Street Parking Exception. In the C-3 central commercial zone, the planning commission may allow on -street parking spaces to be counted towards the minimum off-street parking requirements of a development. The applicant shall demonstrate that on -street parking is reasonably available for short-term (less than one hour) parking. Spaces shall front the development and shall not be located within thirty feet of an intersection. The public works director and zoning administrator shall address visibility and safety concerns. IS HEREBY REPEALED. Passed and adopted by action of the Governing Body of the City of Moab in open session this to day of , 2012. City of Moab Mayor David L. Sakrison Attest: Rachel E. Stenta City Recorder p:\planning department\2012\ordinances\ord 2012-06 f nale;i : ^ :^l r docx Page 47 of 69 DRAFT ORDINANCE #2012-06 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.09.220, OFF-STREET PARKING AND LOADING REQUIREMENTS AND CLARIFYING THE APPLICATION OF THE EXCEPTION TO THE OFF-STREET PARKING REGULATIONS IN COMMERCIAL ZONES WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City realizes that there are various types of future commercial infill development not on Main Street that are located in the C-3 Zone that may benefit from the same requirements for off-street parking exceptions that are enjoyed by businesses in other commercial zones; and WHEREAS, the City desires to encourage the development of specific types of emergency, affordable, and transition housing and has determined that the requirements for special exceptions to the off-street parking regulations do not allow enough flexibility for those agencies who provide living quarters for residents who do not drive; and WHEREAS, the City of Moab Planning Commission ("Commission') in a duly advertised public hearing held on April 12, 2012, met to hear testimony and determine the merits of the changes to Chapter 17.09.220 of the Moab Municipal Code; and WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2012-06 is in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2012-06 in a duly advertised public meeting held on April 24, 2012, to hear and decide the merits of the proposed changes to Moab Municipal Code Chapter 17.09.220, but the ordinance was referred back to the Commission for clarification and revisions; and, WHEREAS, the Commission in a duly advertised public meeting held on September 2012, met to review and approve the amendments to Ordinance #2012-06; and WHEREAS, the Commission found that the proposed changes to said code chapter would benefit greater commercial development and various types of residential uses for citizens in need of assistance in Moab City; and WHEREAS, Council agrees with the Planning Commission and found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2012-06 is hereby adopted to amend the Municipal Code as follows: 17.09.220 Off-street parking and loading -Number of spaces, Page 48 of 69 DRAFT That reads: Q. Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. The planning commission shall consider how use changes may affect the future parking needs of the development. At least one parking space per one thousand square feet of floor area shall be the fewest parking spaces permitted for special exception requests. IS HEREBY AMENDED AND SHALL NOW READ: Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. 4. For businesses located on Main Street in the C-3 Zone the applicant shall demonstrate that on street parking is reasonably available for short term parking. The public works director and zoning administrator shall address Page 49 of 69 DRAFT visibility and safety concerns. The planning commission shall consider how future use changes may affect the future parking needs of the development. And subsection R that now reads: R. On -Street Parking Exception. In the C-3 central commercial zone, the planning commission may allow on -street parking spaces to be counted towards the minimum off-street parking requirements of a development. The applicant shall demonstrate that on -street parking is reasonably available for short-term (less than one hour) parking. Spaces shall front the development and shall not be located within thirty feet of an intersection. The public works director and zoning administrator shall address visibility and safety concerns. IS HEREBY REPEALED. Passed and adopted by action of the Governing Body of the City of Moab in open session this to day of , 2012. Attest: Rachel E. Stenta City Recorder p:\planning department \2UI2\ordinances \ord 21:1I2-06 final.docx City of Moab Mayor David L. Sakrison Page 50 of 69 Moab Regional Hospital Contributing Factors to Hospital's Current Financial Status TIMELINE FORWARD Moab Regional Hospital (MRH), formerly Allen Memorial Hospital, moved its operations to a new, state-of-the-art physical plant on February 14, 2011. Since that date, the hospital has experienced the "highs" and "lows" typically associated with such a move as the new physical layout and changes in departmental locations require that basic hospital processes and protocols undergo adjustments and modifications to better accommodate newly defined work flows and routine and special patient needs in a new setting. Unfortunately, certain of those adjustments and modifications impacted key Business Office and accounting functions resulting in cash flow challenges that, while expected, were experienced to a degree that the hospital was not completely prepared for. The following narrative sets forth the more major developments contributing to the issue. TIMELINE • February 14, 2011 o Move to the new facility • March - July, 2011 o Patient service volumes increased more quickly and more significantly that projected. ■ Hospital's original business plan projected reaching the apex of volume increases in September. ■ Significant increases, however, were experienced as early in March and April, which was fortuitous from a revenue standpoint but provided little opportunity to make the necessary adjustments in applicable processes - especially those involved with the billing and collections efforts. • May - October, 2011 o Revenues continued above budget, but slower collections began to create "pinch points" in select areas of the hospital's accounts receivable activities. o Monthly obligations were met through cash collected and then drawing down various contingency funds that existed from operations at previous location (as managed by former CFO) Page 1 of 7 Page 51 of 69 o Coding and billing backlogs began to grow due to: ■ Lack of experienced coders in sufficient numbers to keep up with the increasing number of patient charges ■ Existing staff "needing" additional time off for extraordinary reasons: e.g. daughter's wedding, medical circumstances, etc. ■ Commercial external coding companies were of limited use due to limited number available and also challenges with interfacing hospital's computer system with those of those outside companies that were. ■ Impact to Hospital: • Claims uncoded but not final billed - i.e. money still "on the table" pending collection- averaged $700,000/week • January - September, 2011 o Canyonlands Care Center (CCC), as a new free-standing intermediate care center, could no longer operate under the hospital's license. Accordingly, it was required to obtain its own license and be certified by Medicaid as a free- standing approved provider. ■ Licensing was completed in mid -January, however ■ Medicaid certification took approximately three months longer ■ CCC's cash flow was virtually non-existent until approximately April when claims began to be paid by the state and the census was high enough to generate any appreciable cash ■ Moab Regional Hospital funded CCC's operations in the interim, including paying the staff's salaries, benefits, and purchasing supplies. • MRH also provided dietary, laundry, and utilities services without being paid for those services a number of months • Absent that assistance, CCC would have had to close its doors. • Impact to Hospital o Cash $710,000, $360,000 of which is still outstanding o Salary and benefits for CCC staff was finally transferred to Grand County and remained there until CCC began processing its own payroll and defining its own benefits package in October 2011. Costs further increased as County charged the CCC a fee for processing the payroll, unlike the hospital, and the State Retirement System almost tripled the employers mandated contribution. • January - February 2012 o Former CFO resigns January 2, 2012 without notice ▪ Left to be completed and requiring immediate attention: Page 2 of 7 Page 52 of 69 6-a " P r e p a r a t i o n o f D e c e m b e r 2 0 1 1 f i n a n c i a l s t a t e m e n t " C l o s i n g o f b o o k s f o r 2 0 1 1 " A n n u a l F i n a n c i a l A u d i t f o r 2 0 1 1 " P r e p a r a t i o n o f M e d i c a r e C o s t R e p o r t ( w h i c h w a s p r o j e c t e d t o b r i n g $ 8 0 0 , 0 0 0 a d d i t i o n a l r e i m b u r s e m e n t t o t h e h o s p i t a l d u e t o i n c r e a s e s i n a l l o w a b l e d e p r e c i a t i o n a n d i n t e r e s t e x p e n s e d u e t o t h e c o n s t r u c t i o n p r o j e c t ) " C o m p l e t i o n o f t h e C o s t C e r t i f i c a t i o n A u d i t f o r t h e c o n s t r u c t i o n p r o j e c t , ( t h e f i n a l p a y m e n t o f w h i c h i n c l u d e d $ 1 3 0 , 0 0 0 i n r e i m b u r s e m e n t f o r i t e m s a l r e a d y p a i d b y t h e h o s p i t a l . ) �% N o a c c o u n t a n t o r C F O w a s i n t h e h o s p i t a l f r o m J a n u a r y 2 n d t o M a y 1 s t w h e n C r a i g D a n i e l s w a s h i r e d . " F a m i l i a r i t y w i t h c o n t e n t a n d s t a t u s o f a c c o u n t i n g r e c o r d s p r i o r t o h i s a r r i v a l w a s l i m i t e d d u r i n g t h a t p e r i o d d u e t o t h e l a c k o f a c c o u n t i n g s k i l l s o n t h e p a r t o f t h o s e "