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HomeMy Public PortalAboutPKT-CC-2013-10-22Moab City Council October 22, 2013 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 82 Page 2 of 82 Moab Community Meetings October 2 013 October 2013 November 2 Su Mo Tu We Th Fr Sa Th Su Mo Tu We Th Fr Sa 1 6 7 8 13 14 15 20 21 22 27 28 29 2 3 4 5 1 2 9 10 11 12 3 4 5 6 7 8 9 16 17 18 19 10 11 12 13 14 15 16 23 24 25 26 17 18 19 20 21 22 23 30 31 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 29 30 Oct 1 2 I 3 4 5 I 3:00pm GC Council Work 7:00pm CV -PLUG V30pm MARL V30pm MMAD I 3:30pm GCSDBE 5:00pm KZMU Board 7:00pm GC Council 6 7 8 9 I I 116:30pm 117:00pm 10 11 12 r4:00pm GCWB I 112:00pm TRAIL 110:00am Meeting about r4:00pm GWSSA r6.00 m GCAB I 11.30pm GCSDBE Site • 12.00 m HASUB r4:00pm GCSWSSD 3.00pm MVFPD • 6.00pm GC PC r5.00pm GCLB 5:00pm GCCMD 16:00pm TSSSFD Moab PC 6.30pm Moab CC 17.00pm TSSD CVFP 13 14 15 16 I I 17 18 19 12:30pm GCCOA I I 3:00pm GC Council Work 6:00pm GCSDBE 5:30pm MATCAB 16.00pm GCRSSD 7.00pm GC Council I 16:30pm CVTC 20 21 22 23 I 24 25 26 12.00pm MTPSC I 16.00pm GC PC 16:30pm Moab PC I 6:30pm Moab CC I 27 28 29 30 31 Nov 1 2 CHCSSD Rachel E. Stenta 1 Page 3 of 82 10/18/2013 5:49 PM 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 82 Moab City Recorder's Office Moab Community Meetings November 2013 Su Mo Th November 2 December 2013 Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Oct 27 28 29 30 31 Nov 1 2 3 4 5 6 7 8 9 I 3:00pm GC Council Work 17:00pm CV-PLUC I 1-4:00pm GCWB I r3:30pm MARC I r6.00pm GCAB I r30pm MMAD I 3:30pm GCSDBE I 5.00pm KZMU Board I 7:00pm GC Council I 10 11 12 13 14 15 16 Veterans' Day - Office Closed 112:00pm TRAIL I 112:00pm HASUB I 14:00pm GWSSA I 16.00pm GC PC I 14.00pm GCSWSSD I 11:30pm GCSDBE Site I 12.30pm GCCOA 113.00pm MVFPD 116:00pm TSSSFD 114:30pm GCHPC I TSSD 115:00pm GCLB I 5:00pm GCCMD 117:00pm 16:30pm Moab PC 4 6:30pm Moab CC I 17 18 19 20 21 22 23 I 3:00pm GC Council Work 6 OOpm GCSDBE I 4 30pm MATCAB I 16.00pm GCRSSD I 7.00pm GC Council I 16.30pm CVTC I 24 25 26 27 28 29 30 12.00pm MTPSC I 16:00pm GC PC I 11— Thanksaivina - Offices Closed I 1 I CHCSSD I S.00pm SEUDHD I 630pm Moab CC I .W.30pm Moab PC I Rachel E. Stenta 2 Page 5 of 82 10/18/2013 5:49 PM 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 82 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 Moab City Council Regular Council Meeting City Council Chambers Tuesday, October 22, 2013 at 6:30 p.m. CATr OA, MOAB 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: PRE -COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 September 10, 2013 1-2 September 24, 2013 CITIZENS TO BE HEARD DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department PRESENTATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for October 2013 for Helen M. Knight School SPECIAL EVENTS 5-1 Discussion Regarding the Establishment of Criteria for the Waiver of Special Events and Park Use Fees 5-2 Request by Grand County Prevention of Child Abuse Foundation for a Refund of Special Event and Park Fees in the Amount of $235.00 5-3 Approval of a Revision to a Special Event License for the Moab Multicultural Center to Conduct a Market Located at 156 North and 100 West on November 3, 2013 5-4 Request by Isaiah Ward for Approval of an Amplified Music Event at Old City Park on October 31, 2013 5-5 Approval of a Special Business Event License for Chile Pepper Bike Shop to Conduct the Moab Ho -Down Festival at Various Locations on October 24, 25 and 27, 2013 5-6 Approval of Special Use of Anonymous Park for Tracy Reed to Conduct a Dirt Jump Competition on October 27, 2013 Page 7 of 82 5-7 Approval of Special Use of Swanny City Park for Sylvi White to Conduct a Mountain Bike Instruction Clinic on October 24 and 25, 2013 SECTION 6: NEW BUSINESS 6-1 Approval of 2013 Moab Municipal Election and Counting Judges 6-2 Approval of a Construction Contract by and between the City of Moab and Straightline Contracting for Rotary Park Basketball Concrete Installation 6-3 Approval of a Contract for the Purchase of Goods and Services by and between the City of Moab and Sport Court for the Purchase of an Outdoor Modular Suspended Tile Court 6-4 Approval of Proposed Ordinance #2013-18 - An Ordinance Adopting Chapter 9.44 of the Moab Municipal Code, Relating to the Establishment of a Mutual Commitment Registry 6-5 Approval of the Jones 2 Subdivision - A Petition to Vacate, Alter or Amend a Subdivision Plat for 582/586 Doc Allen Drive in the R-2 Zone 6-6 Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat for Lot 1 and 2 of the Pear Tree Estates in the RA-1 Residential -Agricultural Zone 6-7 Approval of Proposed Ordinance #2013-15 - An Ordinance Amending the City of Moab Municipal Code, Chapter 17.24.020, Use Requirements, Amending the Listed Uses of the C-3 Commercial Zone and 17.27.020, Use Requirements and Amending the Listed Uses of the C-4 Commercial Zone, Allowing Employee Housing to be Constructed in Conjunction with the Non-residential Developments SECTION 7: MAYOR AND COUNCIL REPORTS SECTION 8: READING OF CORRESPONDENCE SECTION 9: ADMINISTRATIVE REPORTS SECTION 10: REPORT ON CITY/COUNTY COOPERATION SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 12: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 8 of 82 MOAB CITY COUNCIL REGULAR MEETING September 10, 2013 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor Pro-Tem Kirstin Peterson called the Work Session to order at 6:19 PM for a presentation on the Open and Public Meetings Act Annual Training. In attendance were Councilmembers Jeffrey Davis, Doug McElhaney and Gregg Stucki; Planning Director Jeff Reinhart, City Treasurer Jennie Ross, Public Works Director Jeff Foster, Community Development Director David Olsen, City Engineer Rebecca Andrus, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Pro-Tem Peterson called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Eight (8) members of the audience and media were present. Councilmember Stucki moved to approve the Meeting Minutes of August 27, 2013. Councilmember Davis seconded the motion. The motion carried 4-0 aye. There were no Citizens to Be Heard. Under Community Development Department Update, Community Development Director Olsen invited the community to participate in a tree planting at Rotary Park on October 9, 2013 to plant 35 trees. Community Development Director Olsen then stated that he had been working on several grants as well as a tree inventory. Councilmember McElhaney inquired if staff could research the road between the Greenwell Hotel and the Rustic Inn being used as a parking lot. An Engineering Department Update was not given. A Planning Department Update was not given. A Police Department Update was not given. A Public Works Department Update was not given. A presentation was made by Jenn Oestreich regarding the creation of a September 10, 2013 REGULAR MEETING & ATTENDANCE REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PRESENTATION REGARDING MUTUAL COMMITMENT 1-1 Page 1 of 4 Page 9 of 82 Mutual Commitment Registry in Moab City. Discussion followed. REGISTRY Mayor Pro-Tem Peterson proclaimed September 27 to 29, 2013 as Moab MOAB PRIDE FESTIVAL DAYS Pride Festival Days in Moab. PROCLAIMED Councilmember Davis moved to approve Proposed Resolution #15-2013 — A Resolution Amending the Rate for the Solid Waste Collection Franchise. Councilmember McElhaney seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to approve Proposed Ordinance #2013-17 — An Ordinance Amending the City of Moab Municipal Code, Repealing And Replacing Chapter 5.64, Moved -On Temporary Commercial Structures. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. City Manager Metzler made a Presentation Regarding Event Surcharge Recovery Fee for Special Events. Discussion followed. Councilmember Davis moved to approve Proposed Resolution #16-2013 — A Resolution Amending the Business License Fee Schedule with the Exclusion of the Traffic Control Surcharge. Councilmember McElhaney seconded the motion and stated that he is involved in two special events. The motion carried 4-0 aye. Councilmember Stucki moved to approve a Vendor License for Steven Lucarelli and Carrie Finn, d.b.a. Quesadilla Mobilla to Conduct a Retail Business Located at 83 South Main Street from September 1 to November 30, 2013 and March 1 to September 30, 2014. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember McElhaney moved to approve a Petition by Chad and Emily Niehaus to Vacate, Alter or Amend a Subdivision Plat of Lots 55 and 56 of the Bowen Plat of the Nichols -Bowen Subdivision in the R-2 Zone by Removing a Lot Line to Combine the Lots. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to Award the Powerhouse Lane and 400 East Street Improvements Project to LeGrand Johnson in the amount of $145,336. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve the Powerhouse Lane and 400 PROPOSED RESOLUTION #15- 2013, APPROVED PROPOSED ORDINANCE #2013- 17, APPROVED PRESENTATION REGARDING EVENT SURCHARGE RECOVERY FEE PROPOSED RESOLUTION #16- 2013 APPROVED WITH EXCLUSION VENDOR LICENSE FOR QUESADILLA MOBILLA, APPROVED PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT IN NICHOLS-BOWEN SUBDIVISION, APPROVED POWERHOUSE LANE AND 400 EAST IMPROVEMENTS PROJECT AWARDED TO LEGRANDJOHNSON September 10, 2013 1-1 Page 2 of 4 Page 10 of 82 East Street Improvements Project Contract. Councilmember McElhaney seconded the motion. The motion carried 4-0 aye. Councilmember McElhaney moved to approve a Federal Aid Agreement for Local Agency Project (Lions Park Trail & Transit Hub) by and between the City of Moab and the Utah Department of Transportation. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to approve the Special Events Agenda as follows with the conditions listed in all staff memos: a. Approval of a Revision to a Special Event License for the Moab Multicultural Center to Conduct a Market Located at 156 North and 100 West on September 14, 21, 28, October 5, 12, 19 and 26, 2013 b. Approval of a Special Business Event Application for Aaron McConnell/TransRockies US LP to Conduct the Moab Rocks Mountain Bike Stage Race and Social October 11 to 14, 2013 at Various Locations c. Approval of Special Use of Swanny City Park by Aaron McConnell/TransRockies US LP to Conduct the Moab Rocks Mountain Bike Stage Race and Social October 11 to 13, 2013 d. Approval of a Class IV Special Event Retail Beer License for Aaron McConnell to Conduct a Mountain Bike Social and Award Ceremony October 11, 12 and 13, 2013 at Swanny City Park e. Approval of Local Consent of a State of Utah Alcoholic Beverage Control Single Event Permit for TransRockies US LP for the Moab Rocks Event October 11, 12 and 13, 2013 at Swanny City Park f. Approval of a Park Alcohol Permit for Aaron McConnell/TransRockies US LP for Swanny City Park October 11, 12 and 13, 2013 Councilmember Stucki seconded the motion. The motion carried 4-0 aye. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that Staff had been very busy training on and developing the new city website. A Report on City/County Cooperation was not given. POWERHOUSE LANE AND 400 EAST IMPROVEMENTS PROJECT CONTRACT, APPROVED FEDERAL AID AGREEMENT FOR LIONS PARK TRAIL & TRANSIT HUB, APPROVED SPECIAL EVENTS AGENDA APPROVED WITH CONDITIONS READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION September 10, 2013 1-1 Page 3 of 4 Page 11 of 82 Under Mayor and Council Reports, Mayor Pro-Tem Peterson stated that she and Councilmember McElhaney would be leaving to attend the Utah League of Cities and Towns Annual Conference. Councilmember Davis moved to approve the bills against the City of Moab in the amount of $275,563.64. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Stucki moved to adjourn. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Mayor Pro-Tem Peterson adjourned the Regular Council Meeting at 8:15 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED ADJOURNMENT September 10, 2013 1-1 Page 4 of 4 Page 12 of 82 - MOAB CITY COUNCIL REGULAR MEETING September 24, 2013 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Work Session to order at 6:30 PM. In attendance were Councilmembers Jeffrey Davis, Kirstin Peterson, Kyle Bailey, Doug McElhaney and Gregg Stucki; Planning Director Jeff Reinhart, Police Chief Mike Navarre, City Treasurer Jennie Ross, Public Works Director Jeff Foster, Community Development Director David Olsen, City Engineer Rebecca Andrus, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Eight (8) members of the audience and media were present. There were no minutes to approve. There were no Citizens to Be Heard. Under Community Development Department Update, Community Development Director Olsen stated that the city had received tree grants of $1,000 from Tree Utah, $1,000 from Rocky Mountain Power and $5,000 from Utah Community Tree Council. An Engineering Department Update was not given. Under Planning Department Update, Planning Director Reinhart stated that the General Plan process was nearing completion. Planning Director Reinhart then gave an overview of the Planning Commission Agenda. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that there was some new asphalt on 400 East and that the Powerhouse Lane Improvements Project would soon be under way. Public Works Director Foster stated that there had been another water main break and it had been repaired again. Public Works Director Foster stated that the community had experienced some storm issues due to the recent weather and that quite a bit of silt had been deposited around town. REGULAR MEETING & ATTENDANCE REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE September 24, 2013 1-2 Page 1 of 5 Page 13 of 82 Councilmember Bailey moved to approve a Special Business Event License for Canyonlands Natural History Association to Conduct a Navajo Rug Auction on September 28, 2013 at the Grand Center. Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. Councilmember Peterson moved to approve a Special Business Event License for Moab Half Marathon Inc. to Conduct the Other Half Road Running Event on October 19 - 20, 2013 at the Moab Valley Inn. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Special Business Event License for the Grand County Prevention of Child Abuse Foundation to Conduct a Back to School Carnival October 5, 2013 at Rotary Park. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve a Special Event License for the Youth Garden Project to Conduct the Pumpkin Chuckin' Festival on Saturday, October 26, 2013 at the Grand County High School. Councilmember McElhaney seconded the motion. The motion carried 5- 9 aye. Councilmember Bailey moved to approve the following: a. A Special Business Event Application for the Moab Folk Festival/Moab Folk Camp to Conduct a Music Festival and Art Instruction Camp October 27 to November 3, 2013 at various locations; b. Special Use of Center Street Ball Fields for Melissa Schmaedick, Friends of the Moab Folk Festival to Conduct a Music Festival November 1 to 4, 2013; c. A Park Alcohol Permit for the Friends of the Moab Folk Festival to Conduct a Music Festival November 2 - 3, 2013 at the Center Street Ball Fields with the three staff conditions listed in the agenda memo. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. SPECIAL BUSINESS EVENT LICENSE FOR NAVAJO RUG AUCTION, APPROVED SPECIAL BUSINESS EVENT LICENSE FOR MOAB HALF MARATHON —THE OTHER HALF, APPROVED SPECIAL BUSINESS EVENT LICENSE FOR BACK TO SCHOOL CARNIVAL, , APPROVED SPECIAL BUSINESS EVENT LICENSE FOR YOUTH GARDEN PROJECT - PUMPKIN CHUCKIN', APPROVED SPECIAL BUSINESS EVENT LICENSE, PARK USE PERMIT, PARK ALCOHOL PERMIT FOR MOAB FOLK FESTIVAL, APPROVED September 24, 2013 1-2 Page 2 of 5 Page 14 of 82 Councilmember Peterson moved to approve the following: a. A Class IV Special Event Beer Application for Eric Jones, d.b.a. Friends of the Moab Folk Festival to Conduct a Music Festival November 2-3, 2013 at the Center Street Ball Fields; b. Local Consent for a Temporary State of Utah Beer Permit for the Friends of the Moab Folk Festival to Conduct a Music Festival November 2 - 3, 2013 at the Center Street Ball Fields. Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. Councilmember Bailey moved to approve a Special Business Event License for Scott Newton - Poison Spider Bicycles to Conduct Gran Fondo Moab, a Timed Cycling Event May 2 - May 3, 2014 at Various Locations. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve Proposed Resolution #17- 2013 — A Resolution Approving the Natural Hazards Pre -Disaster Mitigation Plan for the Southeastern Region of Utah. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve Change Order #1 for Horrocks Engineering for the City of Moab Impact Fee Study. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve Proposed Ordinance #2013- 14—An Ordinance Amending Moab Municipal Code Chapter 17.36.020, Use Requirements, Amending the Listed Uses in the I-1 Industrial Zone and Chapter 17.36.050 Location Requirements. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve Proposed Ordinance #2013-19 — An Ordinance Amending the City of Moab Municipal Code, Chapter 12.08.060, Sidewalks, Curbs and Gutters Required at the Time of Construction, Amending the Requirements for the Construction of Streets, Curb, Gutter and Sidewalks When Single Family Residential Lots Adjacent to Partially Developed Streets are Deemed Excessive in Width. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. SPECIAL EVENT BEER LICENSE AND LOCAL CONSENT OF UTAH BEER PERMIT FOR MOAB FOLK FESTIVAL, APPROVED SPECIAL BUSINESS EVENT LICENSE FOR SCOTT NEWTON —GRAN FONDO MOAB, APPROVED PROPOSED RESOLUTION #17- 2013, APPROVED CHANGE ORDER #1 FOR IMPACT FEE STUDY, APPROVED PROPOSED ORDINANCE #2013- 14, APPROVED PROPOSED ORDINANCE #2013- 19, APPROVED September 24, 2013 1-2 Page 3 of 5 Page 15 of 82 Councilmember Stucki moved to approve Proposed Resolution 4118-2013 — A Resolution Revising the Fee Structure for the Moab Recreation and Aquatic Center. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to Award the Public Defender Services Proposal to Torgerson Law Offices. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve the Public Defender Services Professional Services Agreement. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve a Settlement Agreement Among the City of Moab and Billie A. Klepzig, et al. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve a Road Easement Deed and Agreement among the City of Moab and Billie A. Klepzig, et al. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Under Reading of Correspondence, Councilmember Peterson stated she had received correspondence regarding the weed issue at Dixie Park. Mayor Sakrison stated that the Lt. Governor's Conference on Services would be on October 2, 2013. Under Administrative Report, City Manager Metzler stated that City Recorder Stenta and she had been gathering information regarding the Mutual Commitment Registry for the next agenda and requested that a discussion be added to the next agenda for discussion of fee waivers. City Manager Metzler stated that city staff have been very busy learning the functionality of the new website and learning the new system. City Manager Metzler stated that with the launching of the website the City will transition to paperless packets. A Report on City/County Cooperation was not given. PROPOSED RESOLUTION #18- 2013, APPROVED PUBLIC DEFENDER SERVICES AWARDED TO TORGERSON LAW OFFICE PUBLIC DEFENDER SERVICES PROFESSIONAL SERVICES AGREEMENT, APPROVED KLEPZIG SETTLEMENT AGREEMENT, APPROVED KLEPZIG ROAD EASEMENT DEED, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT September 24, 2013 1-2 Page 4 of 5 Page 16 of 82 Under Mayor and Council Reports, Councilmember Bailey stated that he and Mayor Sakrison had attended a Leadership Council Meeting on after school programs in Salt Lake City and there were matching funds available for after school programs which are an important need for the Moab community. Councilmember Bailey stated the matching funds require participation from the City, County or School District general funds and the deadline for filing applications is January and that a presentation would be made to the City Council in October. Councilmember McElhaney stated that the Utah League of Cities and Towns Conference was very informative. Councilmember Davis moved to approve the bills against the City of Moab in the amount of $446,380.69. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:50 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT September 24, 2013 1-2 Page 5 of 5 Page 17 of 82 AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 22, 2013 Agenda. ltem #: 5-1 Title: Discussion regarding the Establishment of Criteria for the Waiver of Special Event and Park Use Fees Fiscal Impact: None/Discussion Only Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: NA Background/Summary: The City has discussed the possibility of implementing a traffic control fee for special events that require overtime expenditures for traffic control. In addition, the City receives from time to time requests from organizations who wish to have waivers of fees for special events. Such fees include fees for banners, park use, special event licenses and potentially, traffic control. The City Council wanted to discuss criteria that might be established in a City Council fee waiver policy. The following are some ideas for criteria for waivers that might be considered in such a policy. The organization might need to meet one or more of the following criteria: 1. The event is a fundraiser for a charitable organization that provides services to Moab residents; 2. The organization sponsoring the event has in the past and will continue in the future to make a financial donation to the City; 3. The primary purpose of the event is to provide a community - wide celebration or program that is offered free of charge to community members; 4. The event is sponsored or co -sponsored by a government entity; 5. The event benefits a school or school program. These are just some ideas. The Council may wish to consider other criteria. Based on the City Council's discussion, we can develop a City Council policy to use a guideline when considering requests for waivers. 1 5-1 Page 18 of 82 FamilySupport Center At The Christmas Box House 180 South 300 East Moab, Utah 84532 435-259-1658 Mailing Address is: 125 E. Center, Moab, Utah 84532 September 30, 2013 Dear City Council of Moab, Utah: Every year, the Grand County Prevention of Child Abuse Team along with the Family Support Center at the Christmas Box House sponsors the annual Back to School Carnival event. This event is done in the hopes of getting families out on a Saturday afternoon to spend quality time with their young children. Booths are set up where other non-profit organizations that also focus on families with children can have a fun activity for the children to do, and give out flyers and information about how they can serve the families also. There will be hamburgers, hot dogs, and drinks for the families. We do not make a profit off of this, in fact we actually spend more for the event, that what is raised in the way of donations. But again, the reason for this event is to get the family out for a day with their children. No other organization sells items either. No money is profited. We also give out information on recognizing and reporting child abuse. Someone is there to answer any questions a person may have also. Any donation's that are given is used for the annual's Halloween Carnival, Make One, Take One at Christmas time and for the April Prevention of Child Abuse. The city fee's for the license and the use of the Rotary Park the Family Support Center paid a total of $235.00. (check # 80222 for $160.00 and check # 80139 for $75.00) We are asking the City of Page 19 of 82 (2) Moab to reimburse these fee's after the Back to School Carnival on Saturday, October 5, 2013, so that the funds can go back into the Family Support Center's Child Abuse Prevention account for available funding to use at the other activities coming up soon. Thank You for any consideration in this matter. And thank you for allowing us once again to use the Rotary Park for this wonderful community event. Sherilyn Sowell Family Support Center At the Christmas Box House Page 20 of 82 MOAB CITY COUNCIL MEETING October 221 2013 Agenda ltem #: 5-3 Title: Special Business Event License for the Moab Multicultural Center to Conduct a Market Located at 156 North and 100 West on November 3, 2013 Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder/Business Licensing Applicant: Moab Multicultural Center Background/Summary: You may recall that this License was previously approved for a limited number of dates. The applicant would like to extend the market for one more day. Staff Recommend approval of an extension to the license. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval extension of the license for the November 3, 2013. Recommended Motions: "I move to approve the Special Business Event License for the Moab Multicultural Center to Conduct a Market Located at 156 North and 100 West on November 3, 2013.." Attachment(s): 5-3 Page 21 of 82 Rachel E. Stenta From: Isaiah Ward <redrocklife2013@yahoo.com> Sent: Wednesday, October 16, 2013 2:21 PM To: rstenta@moabcity.org Subject: Isaiah Ward Old City Park Reservation and Amplified Music Request a To Whom It May Concern: This email is to request permission to play amplified Halloween music from 6pm - 9pm on October 31 st, 2013; at the Old City Park here in Moab. I have reserved the park already and plan on hosting a family friendly Halloween costume and dance gathering. We will be utilizing the stage for dancing and with the city's permission, we would be playing Halloween music with our CD player. The music will be on cds and will be kid friendly lyrics. The only other electric needs will be us using lights to light up stage. If the city or recorders office has any further questions, please feel free to contact me by email, voice call, or text messaging. Moab Resident; 29 yrs of age - Isaiah Ward, Cell # (435)-210-8175 Address: 4200 E Heather Lane, Moab UT. Email: redrocklife2013@yahoo.com Thanks, Isaiah Ward 5-4 1 Page 22 of 82 AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 22, 2013 Agenda. ltem #: 5-5i 5-6/ 5-7 Title: Approval of a Special Event License Application/ Approval of Park use Permit for Anonymous Park/ Approval of a Park Use Permit for the Moab Ho - down Bike Festival Fiscal Impact: Minimal Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Chile Pepper Bike Shop/Tracy Reed/Sylvi White Background/Summary: The Moab Ho -down Festival is on ongoing bicycle festival that consists of several events, including a dirt jump competition, downhill races, skills clinics, costume parties and more. The festival will be held October 24-27, 2013. The skills course will be held on October 24 and 25, while the dirt jump competition will be held on October 27. Two of the events need city approval, which can be accomplished with one permit: the dirt jump competition at the Anonymous Park BMX track, and a skills workshop at Swanny Park. The skills workshop is very small scale, with approximately 12 participants expected. The dirt jump competition is a fund-raiser for the bike park. Conditions for approval should include: Securing permission from the Grand Center for parking for the dirt jump competition, and repositioning the wooden items used for the skills course for each day of the clinic. 1 Options: The Council may vote to approve, approve with changes or conditions, deny, or postpone approval of the requested permits and licenses. Staff Recommendation: Staff recommends approval of the requested permits and licenses subject to the conditions that the event organizers secure permission from the Grand Center for parking and that the skills clinic reposition the wooden items on the grass for each day of the clinic. Recommended Motion: "I move to approve (name of agenda item) with the conditions identified in the staff memo. Attachment(s): Application materials 5-5 Page 23 of 82 DATE PAID: 16 /1(111,3 AMOUNT PAID: 7 ‘?(3 RECEIPT NO.: 113 -11( CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB �o.(.7Qk SPECIAL EVENT FEE: $80766 LICENSE #: ZONE: NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: JltirrT ut e — (GL 5 ( t,ti 1 1 r'a —71 13 I 1 6--, +b 6-) 4-4-P--r) ANTICIPATED # OF EVENT PARTICIPANTS: I 0 YYLA x Cr\IA ✓� EVENT SPONSOR'S NAME: SPONSOR'S ADDRESS: C k-j A' nP�, e Pf P rt G-i Le S {� a S. 1 I• V� c i( CITY: SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: PHONE: -1 3 S - p s,I --k-tlDa� STATE: 0—.1— ZIP: r 3 2-- SPONSOR'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: s i,D hr THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OFF A� LICENSE WILL BE DELAYED. INVE _ '1 '\G4 HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB PLEAS PRINT NAAMME ES) CITY SPECIAL EVENT -LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPONSOR. L„,,�)6�9nare dirt State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this I•`-n••.c� �cra-a� lo11--1/1 day of 0 ,CS( b(•' NOTARY FNDBLIC rw• JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 24 of 82 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: (� • Q11• SIGN PERMIT: uirtdi MOVED -ON NECESSARY: ❑ YESO REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: Ci YES DATE: 'O' 11 ' I J #No NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: (P P-eP�e� s . I'A,Lai n S► �t� PHONE: c-t-?J S 'p S 1— 7-co o U CITY: /1&10 1 STATE: 0_ (I ZIP: �� 3 2-- NAME OF EVENT: I i UiOLJ l Q -- D' o� 1 1 n -T6 --� � ✓ 6— i ^r / n, , S' PGZ/_K GO0 l LOCATION OF EVENT: � ' A; f r I � �.S W pp�OU ZONE: �9- �l'Acwif �v!�� DETAILED DESCRIPTION OF SPECIAL EVENT: j:litr\a/( 19-A: S E i-- f \/A kki- 4M. A n DI-, f?WY � ; Le I �Gz Z.-(2 - U I rzi-- 3(Any atS rYf z—Fi --1-� I)-, o Le.yos Page 25 of 82 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: KA a d( Name of Organization and Event if applicable:�Q� Piz �P Siw� - illac�`� t�� Address: '102 S. YYVi �" d'}taa� Lc'� a"ts 3 2- va Day Phone: Email: 'l-lea C� ckx: le k .e.r • C1u�h Proposed Park Usage Information (� h�A . Which park to you intend to use? Swanny Park Other (please indicate name of park. (17-t 6�+-k� PZ41` - e; i'p u paa.k Please indicate the proposed dates and times of use: Proposed Start Date: `I o Ia7 Start Time: (1 Am tel/pm End Time• tf am/pm Proposed End Date: („(ate/( 3 Start Time: am/pm End Time. `-i- am/ej Please specify what areas of the park are proposed for use. For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect• J-1 4-0 i -o Number of spectators that you expect: Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: ( I e---( , � -e 'Ls uk(i4 Will amplification be required for your event? Yes No Please specify any electrical needs for your event: Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. 0,cYLon Od r C--i? (A-eol 4 r1 Drc-(2N po'i erg i A( ov` (sz+�' Ceram( eR- CA tfy o- pz LI✓�rl If you anticipate any street closures for your event, please desert e below, and show on the accompanying 1•D; (p rS i D eV diagram. PLEASE COMPLETE OTHER SIDE 5-6 Page 26 of 82 Do you intend for the park to be open to the public during your event? Yes Signature of Contact Person: k e it+ . Gti rhk�<- For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: Vo i lk n+-e e ito —�v `L eir /� c C-1t Q- u o 4 its (i e ivy n -el Qia For groups over 100 people, please describe your refuse control and recycling plan: Please describe your clean-up plan during and after the event: / p Q (j—t.c e s CO -)to v t (Z e ILtiW e �✓' Please describe your restroom facility plan: pang < c Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: rr r) `'CT31c 1a ; le p i2 I L �- t S pita 0 "C c7 t:.< 9- --- h Ph)"h --( v.e 1&- 1f Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. ,C eA Date. Io --I- it 3 Public Works Review. Police Department Review: Park Use Fee: Date Fee Paid: Date of City Council Approval. Insurance Received• Final Set up Diagram Received• Special Conditions or Requirements: Administrative Review. Other Required Permits and Approvals Page 27 of 82 5-6 1 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: S -1- Name of Organization and Event if applicable: N'1ociv) V\c0cvLrti ,'N`oal) 1\Av Address. 1205 t,-AockAi u 444 S57 - Day Phone: c-13-;- - - 2-1—Ft Email: S'- 1v'l co rr'\ Proposed Park Usage Information Which park to you intend to use? Swanny Park. ✓ Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date: 0c.-F 241 Start Time• 9 ©c a /pm End Time- 2'• O 0 am/., 'i Proposed End Date: ex* ZS"' Start Time: 9 00 rr�/pm End Time. Z'•O G am/015 mp Please specify what areas of the park are proposed for use. _>; ec CoLcs o, (O..S� G-N� Qr I_` rv9,- o r G`t Wu( 10-Lzk" For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: Number of spectators that you expect: Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: ` t,,)0okv, Apo , `41 t Wcobe 0 c f u)Z4,Q,61 Will amplification be required for your event? Yes No V J Please specify any electrical needs for your event: Gi0ir7 Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. \C\ V l.0._, PLEASE COMPLETE OTHER SIDE Page 29 of 82 5-7 Sew C61 exsQII & t S CY\ ‘0 CLAA \Nc' _ 01 0 ccet, v\kr-ur-,exa/& "r do en, (60\-`p e)Lf2A-6 mx----s (Ask-- V\-ekAk3 v_a) VLS ---P 5 51A---pekr- 6,4)--C-td ouA a__ -orA,tikvv-A- Pge cam vvvL, w ouvu tkiws-Runs. Rcyo-,,A \Aris\-\ L r2Y5- 21,00- 5-7 Page 30 of 82 Do you intend for the park to be open to the public during your event? Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: bzcLIA: ,_.J For groups over 100 people, please describe your refuse control and recycling plan: (- Please describe your clean-up plan during and after the event: bv.x• -=‘-0 vvIcL-e Please describe your restroom facility plan: rie—St Q U YV\ 5 • Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: ` j h9_, VY1.0a.1) \--40 ---Vv2-- 0/10(0b Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes No t Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person: Date. Public Works Review: Police Department Review: Administrative Review. Park Use Fee. Date Fee Paid• Date of City Council Approval. Insurance Received: Final Set up Diagram Received• Special Conditions or Requirements: Other Required Permits and Approvals 5-7 Page 31 of 82 Swanny Park 1 `sfaccy\ J �— locc.Loo C,V7o cP---<.› ct 0 400Non» Street Aquatic Center Playground ParkOri17e 3 Picnic Tables overed\ kandsheil 6 Covered Picnic Tables \\\\\\-\\\, 100 50 N SCALE 0 100 200 1"=100' FEET To Main St. One Block 5-7 Page 32 of 82 MOAB CITY COUNCIL MEETING October 22, 2011 Agenda Han #: 6-1 Title: Approval of 2013 Moab Municipal Election and Counting Judges Fiscal Impact: Total Election budget = $9,216 Staff Presenter(s): Rachel E. Stenta Department: City Recorder Applicant: n/a Background/Summary: Every election year, the City Council approves election and counting judges to be appointed to every city polling place. Poll workers must be registered voters who reside in the County. The municipal legislative body may not appoint any candidate's parent, sibling, spouse, child or in-law to serve as a poll worker. This election year I advertised in all local papers to solicit poll workers. We also conducted our election judge training on October 16, 2013. J Options: Appoint three election judges and three counting judges per polling place Staff Recommendation: Approve the appointment of poll workers as presented. Recommended Motion: I move to appoint poll workers for the Moab Municipal General Election as presented Attachment(s): Poll worker list 6-1 Page 33 of 82 Precincts 1 & 9 - County Courthouse Election Judges Name Address Phone Precinct * Pierce Judith 252 East 100 North 259-6124 1 Knutson Roberta 1180 East Knutson Cor 259-6274 County Dalton Dixie 750 Bittle Lane 259-7348 County Alternate Election Guerrero Danielle 217 E. Center St 259-2683 County Counting Judges Graham Audrey 1701 Murphy Lane 220-0185 County Millis Bruce 277 So. 300 E. 210-8725 County Taylor Peggy 496 W. Carlos Ct. 259-6681 4 Alternate Counting Johnson Sommar 1310 Red Valley Court 259-5129 County 6-1 10/18/2013 'presiding judge Page 34 of 82 Moab City Recorder's Office Precincts 2 & 5 - City Center Election Judges Name Address Phone Precinct * Adair Joyce 337 Walker Street 259-4256 5 Galbraith Audrey 317 S. Tusher St. 259-5791 5 Curtis Tonya 501 Kane Creek Blvd. 260-0448 1 Alternate Election Millis Bruce 277 So. 300 E. 210-8725 County Counting Judges Beeson Lenore 128 North 100 East 259-9419 1 Birsfield Cathy 646 Mi Vida Dr. 259-4991 4 Shrewsbury Sue 513 North Hale 260-1479 4 Alternate Counting Joseph Beth 217 E. Center St 259-2683 County 'presiding judge 10/18/2013 Moab City Recorder's Office Page 35 of 82 Precinct #3 & #10- Grand Center Election Judges Name Address Phone Precinct * Byrd Pat 826 Colorado Avenue 260-2348 County McCandless Charme 1785 Mil!creek Dr. 260-1548 County Thomas Marc 430 Alberta Ct. 259-3603 4 Alternate Election Simon Judi 430 Alberta Ct. 259-3603 4 Counting Judges Simon Judi 430 Alberta Ct. 259-3603 4 Hoskisson Wayne PO Box 14 260-9045 5 Groesbeck Danette 825 Mountain View Dr.260-9368 10 Alternate Counting Kopell Jeanette PO Box 820 259-5194 5 6-1 10/18/2013 *presiding judge Page 36 of 82 Moab City Recorder's Office Precinct 4 - First Baptist Church Election Judges Name Address Phone Precinct Dahl Edetta 562 Cliffview 260-2066 4 Hoff Wendy 359 E 100 So. 435-260-9052 1 Gray Murine 1395 Spanish Valley C 259-5514 County Alternate Election Greenberg Robert 453 East Center 259-7013 3 Counting Judges Hofhine Mary 380 Mi Vida 259-5802 4 Rynio Diane 576 Cliffview Dr. 259-1078 4 Nelson Sharon 540 E. 100 No. Apt 2Oi 260-2775 3 Alternate Counting Joseph Beth 217 E. Center St 259-2683 County 6-1 10/18/2013 'presiding judge Page 37 of 82 Moab City Recorder's Office AGENDA SULKY MOAB CITY COUNCIL MEETING October aao aai3 Agenda Item #: 6-2 and 6-3 Title: (6-2) Approval of Construction Contract by and between the City of Moab and Straightline Contracting for Rotary Park Basketball Concrete Installation and (6-3) Approval of a Contract for the Purchase of Goods and Services by and between the City of Moab and Sport Court for the Purchase of an Outdoor Modular Suspended Tile Court Fiscal Impact: 6-2 $15,990 and 6-3 $13,377.36 Staff Presenter(s): David Olsen, Community Development Director Department: Community Development Applicant: NA Background/Summary: This project includes two separate components: (1) Installation of concrete to provide a foundation for the playing surface as well as concrete to be placed between the amphitheater seats, and (2) Purchase and Installation of a modular Suspended Tile Court Surface. Earlier this year, construction of the new restroom facilities, parking lot and other features were completed for Rotary Park. When that project was bid, the basketball court/amphitheater area was included as an alternate. Due to unexpected costs during demolition and other budgetary considerations, the concrete and surfacing were postponed to this fiscal year. In the interim, it was determined that with minor adjustments the court could serve for both basketball and pickleball. These improvements will also make the amphitheater more user friendly by providing a surface for presentations or performances. Based on the bids received, Straightline Construction was selected to provide the concrete installation and Sport Court of Southern Utah was selected to provide the tile court surface. 1 Options: The Council may vote to approve, approve with changes, deny, or postpone approval of the contracts Staff Recommendation: Staff recommends approval of the contracts as presented. Recommended Motion: (6-2) I move to approve the Construction Contract by and between the City of Moab and Straightline Contracting for Rotary Park Basketball Concrete Installation and (6-3) I move to approve a Contract for the Purchase of Goods and Services by and between the City of Moab and Sport Court for the Purchase of an Outdoor Modular Suspended Tile Court Attachment(s): Contracts 6-2 Page 38 of 82 CONSTRUCTION CONTRACT PROJECT TITLE: ROTARY PARK BASKETBALL CONCRETE INSTALLATION This CONTRACT is made this the 22nd day of October, 2013, by and between the CITY OF MOAB, 217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "CITY") and STRAIGHTLINE CONSTRUCTION, (hereinafter referred to as "CONTRACTOR") CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is known as and is hereinafter referred to as ROTARY PARK BASKETBALL CONCRETE INSTALLATION and is described in detail in the Contract Documents which contain the full scope of work. 1.02 CONTRACTOR shall complete, provide and perform, or cause to be performed, all work in a proper and workmanlike manner, with appropriate consideration for public safety and convenience, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expediency consistent therewith all as more particularly described in the Contract Documents. ARTICLE 2 - CITY'S REPRESENTATIVE CITY has appointed a CITY'S REPRESENTATIVE (sometimes referred to as CITY REP and sometimes known as the Owner's Representative or Construction Manager) to manage this Project and to represent the CITY on the Project site. The CITY REP will assume all duties and responsibilities and will have all rights and authority assigned to the CITY REP in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Any references in the Contract Documents, or other pertinent documents, to the Engineer or Project Engineer shall mean the CITY REP. The CITY'S REPRESENTATIVE for this Project is: Jeff Foster, Public Works Director ARTICLE 3 - CONTRACT TIME 3.01 CONTRACTOR shall submit to CITY, on or before the effective date of this Contract, a Construction Progress Schedule in Critical Path Method (CPM) format indicating the times for starting and completing the various stages of the Work, including any Milestones specified in this Contract and as more fully described in the General Conditions and other Contract Documents. Revisions/updates to the CPM schedule shall be submitted as often as necessary to accurately reflect plans for completion of the work, but no less frequently than required in the Contract Documents. Page 39 of 82 City of Moab — Construction Contract Project: ROTARY PARK BASKETBALL CONCRETE INSTALLATION 3.02 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial Completion and for Final Completion and readiness for final payment as stated in the Contract Documents, are of the essence of the Contract. 3.03 The Work shall be substantially complete within 30 calendar days after the date when the Contract Times commence to run based on the Notice to Proceed as provided in the Contract Documents, and all Work shall be finally completed and ready for final payment in accordance with the Contract Documents within 45 calendar days after the date when the Contract Time commences to run. Contractor shall be expeditious in providing required documentation so that the Notice to Proceed can occur within 15 calendar days of the Notice of Award. Failure to do so may result in a reduction of the Contract Time specified above. 3.04 Failure of CONTRACTOR to perform any covenant or condition contained in the Contract Documents within the time periods specified shall constitute a material breach of this Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and receives an extension of time, in accordance with the procedures set forth in the Contract Documents. 3.05 Failure of CITY to insist upon the performance of any covenant or condition within the time periods specified shall not constitute a waiver of CONTRACTOR'S duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition. 3.06 The CITY'S agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of CONTRACTOR to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this Contract entitling CITY to all the remedies set forth herein or provided by law. ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES 4.01 Liquidated Damages: A. It is hereby agreed that the amounts per day set forth herein in paragraph B. are reasonable estimates of such damages, that said amounts do in fact bear a reasonable relationship to the damage that would be sustained by CITY, and CONTRACTOR agrees to pay such liquidated damages as herein provided. B. CITY and CONTRACTOR recognize that time is of the essence of this Contract and that CITY will suffer financial loss, in addition to and apart from the costs described in Paragraph 4.02, if the Work and/or portions of the Work are not performed and completed within the times specified in Article 3, plus any extensions thereof allowed in accordance with the Contract Documents. Accordingly, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY two hundred dollars and no cents ($200) for each calendar day that expires after the time specified in Article 3 for substantial completion, until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred dollars and no cents ($500) for each day that expires after the time specified in Article 3 for final completion and readiness for final payment. CC - 1 Page 40 of 82 City of Moab — Construction Contract Project: ROTARY PARK BASKETBALL CONCRETE INSTALLATION 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 $60 per hour. Each of these hourly rates is calculated at time and one half for work required to be performed during other than normal business hours. 4.03 CITY may withhold and deduct from any payment due to CONTRACTOR the amount of liquidated damages, special damages, and other damages incurred by the City as provided in the Contract Documents. ARTICLE 5 - CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amounts set forth or calculated as specified in this Article 5. 5.01 For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those amounts listed on the Bid Schedule attached as Exhibit A. All specific cash allowances are included in such lump sum unit price and have been computed in accordance with the Contract Documents. 5.02 For all Unit Price Work, an amount equal to the sum of the unit prices for each separately identified item of Unit Price Work, as indicated in Exhibit A, times the actual quantity of that item installed or constructed in the work, as determined by CITY REP in accordance with the Contract Documents. The unit prices listed on the Bid Schedule are all-inclusive of labor, material, profit, overhead, taxes and other miscellaneous costs pertinent to each work or bid item. The not -to -exceed total of all Unit Prices and all Lump Sum items as set forth in the Bid Schedule for the Base Bid is fifteen thousand, nine hundred and ninety Dollars and No Cents, ($ 15,990.00). 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-2 Page 41 of 82 City of Moab — Construction Contract Project: ROTARY PARK BASKETBALL CONCRETE INSTALLATION ARTICLE 6 - PAYMENT PROCEDURES 6.01 CONTRACTOR shall submit completed Applications for Payment in accordance with the Contract Documents. No payment application will be considered complete unless it is accompanied by an updated Construction Progress Schedule and a certification that the on - site, red lined, as -built drawings are up to date. Each application for payment shall constitute a certification by the Contractor that all statements contained in the application are true and correct and that the work represented in the application is complete to the extent specified and done in conformity with the Contract Documents. Completed Applications for Payment will be processed by CITY REP as provided in the Contract Documents. 6.02 Progress Payments: A. On or before the first (1st) day of each month after the date when the Contract Time commences to run, CONTRACTOR shall submit to CITY REP, for review, completed Applications for Payment covering Work performed during the preceding calendar month. Provided a pay application is complete and submitted on or before the first of each month, the CITY will make monthly progress payments based on the progress of the Work, as shown on CONTRACTOR'S Application for Payment, and as certified and approved by CITY REP and measured by the schedule of values provided for in the General Conditions on or before the 15th of each month, subject to the other conditions set forth herein and in the other Contract Documents. Complete pay applications submitted after the first of each month shall be due on or before twenty five (25) days from the date of submittal to the CITY REP, provided that they are certified for payment. B. To insure the proper performance of the contract CITY shall retain five percent (5%) of the amount of each approved progress payment until the Work is certified by the City Rep as being Substantially Complete. C. CITY may withhold and deduct from progress payments, retention proceeds, or final payment an amount equal to CITY'S estimate of the liquidated damages then due, or that would become due based on CITY'S estimate of late completion of the Work, together with such other sums as are provided in these Contract Documents. 6.03 Final Payment: Upon final completion and acceptance of the Work and upon compliance with all other terms and conditions of the Contract Documents, CITY shall pay the remainder of the Contract Price, including retainage withheld, less such deductions as may be withheld to cover claims in accordance with state law and the Contract Documents, and to cover liquidated and special damages and other charges owing to CITY. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the following representations: 7.01 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda) and other related data identified in the Bidding Documents, including "technical data" and all federal, state and local laws, ordinances, standards, rules and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. CC-3 Page 42 of 82 City of Moab — Construction Contract Project: ROTARY PARK BASKETBALL CONCRETE INSTALLATION 7.02 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) the reports of investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) and the drawings of physical conditions in or relating to existing surface or subsurface structures, at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing all the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. The reports and drawings available to CITY are listed in the Supplementary Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY and CITY'S REP do not assume responsibility for the accuracy or completeness of information and data shown or indicated therein with respect to Underground Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for locating and resolving any conflicts with any Underground Facilities. 7.03 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.04 CONTRACTOR has made or caused to be made examinations, investigations, tests, studies and related data as he deems necessary, and CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract times and in accordance with the other terms and conditions of the Contract Documents. 7.05 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, reports, and data, with the terms and conditions of the Contract Documents. 7.06 CONTRACTOR has given CITY REP written notice of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. CONTRACTOR assumes full responsibility and liability for any conflicts, errors or discrepancies in the Contract Documents, including, but not limited to, the specifications, design and engineering for the project, for which written notice has not been provided and which an adequate review by CONTRACTOR would have revealed. ARTICLE 8 - CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of those listed below. There are no Contract Documents other than the following: CC-4 Page 43 of 82 City of Moab — Construction Contract Project: ROTARY PARK BASKETBALL CONCRETE INSTALLATION 8.01 The Contract 8.02 Bid Proposal 8.03 The Construction Drawings 8.04 Moab City Design Standards and Public Improvement Specifications (September 1999) 8.05 General Conditions (pages 1 to 47, inclusive) 8.06 Notice to Proceed to be issued after Contract award, prior to construction. 8.07 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, CC-5 Page 44 of 82 City of Moab — Construction Contract Project: ROTARY PARK BASKETBALL CONCRETE INSTALLATION officers, directors, officials and employees for any claims arising out of CONTRACTOR 's acts, errors, mistakes, omissions, work or service. H. The insurance policies may provide coverage which contain deductibles or self - insured retentions. Such deductible and/or self -insured retentions shall be assumed by and be for the account of, and at the sole risk of CONTRACTOR. CONTRACTOR shall be solely responsible for the deductible and/or self -insured retention. The amounts of any self -insured retentions shall be noted on the Certificate of Insurance. CITY, at its option, may require CONTRACTOR to secure payment of such deductibles or self -insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. Self -insured retentions in excess of $10,000 will not be accepted except with permission of the Management Services Director/designee. I. All policies and certificates shall contain an endorsement providing that the coverage afforded under such policies shall not be reduced, canceled or allowed to expire until at least thirty (30) days prior written notice has been given to CITY. J. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the CONTRACTOR with reasonable promptness in accordance with the CONTRACTOR's information and belief. K. In the event that claims in excess of the insured amounts provided herein, are filed by reason of any operations under this contract, the amount of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the CONTRACTOR until such time as the CONTRACTOR shall furnish such additional security covering such claims as may be determined by the CITY. 9.02 Proof of Insurance - Certificates of Insurance A. Prior to commencing work or services under this Agreement, CONTRACTOR shall furnish to CITY Certificates of Insurance, issued by CONTRACTOR's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and obtain from the City's Risk Management Division approval of such Certificates. B. If a policy does expire during the life of this Agreement, a renewal certificate must be sent to the City of Moab five (5) days prior to the expiration date. C. All Certificates of Insurance shall identify the policies in effect on behalf of CONTRACTOR, their policy period(s), and limits of liability. Each Certificate shall include the job site and project number and title. Coverage shown on the Certificate of Insurance must coincide with the requirements in the text of the contract documents. Information required to be on the certificate of Insurance may be typed on the reverse of the Certificate and countersigned by an authorized representative of the insurance company. D. CITY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. CITY shall not be obligated, however, to review same or to advise CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall not relieve CONTRACTOR from, or be deemed a waiver of CITY's right to insist on, strict fulfillment of CONTRACTOR's obligations under this Agreement. CC-6 Page 45 of 82 City of Moab — Construction Contract Project: ROTARY PARK BASKETBALL CONCRETE INSTALLATION 9.03 Required Coverage - Such insurance shall protect CONTRACTOR from claims set forth below which may arise out of or result from the operations of CONTRACTOR under this Contract and for which CONTRACTOR may be legally liable, whether such operations be by the CONTRACTOR or by a Sub -consultant or subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Coverage under the policy will be at least as broad as Insurance Services Office, Inc., policy form CG00011093 or equivalent thereof, including but not limited to severability of interest and waiver of subrogation clauses. A. Claims under Workers' Compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; B. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; C. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; D. Claims for damages insured by usual personal injury liability coverage; E. Claims for damages, other than to Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; F. Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; Coverage will be at least as broad as Insurance Service Office, Inc., coverage Code "I" "any auto" policy form CA00011293 or equivalent thereof. G. Claims for bodily injury or property damage arising out of completed operations; H. Claims involving contractual liability insurance applicable to the Contractor's obligations under the Indemnification Agreement; I. Claims for injury or damages in connection with one's professional services; J. Claims involving construction projects while they are in progress. Such insurance shall include coverage for loading and off loading hazards. If any hazardous material, as defined by any local, state or federal authorities are to be transported, MCS 90 endorsement shall be included; 9.04 Commercial General Liability - Minimum Coverage Limits: The Commercial General Liability insurance required herein shall be written for not less than $1,000,000 limits of liability or ten percent (10%) of the Contract Price, whichever coverage is greater. Any combination between general liability and excess general liability alone amounting to a minimum of $1,000,000 per occurrence (or 10% per occurrence) and an aggregate of $2,000,000 (or 20% whichever is greater) in coverage will be acceptable. The Commercial General Liability additional insured endorsement shall be as broad as the Insurance Services, Inc's (ISO) Additional Insured, Form B, CG 20101001, and shall include coverage for CONTRACTOR's operations and products, and completed operations. 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 CC-7 Page 46 of 82 City of Moab — Construction Contract Project: ROTARY PARK BASKETBALL CONCRETE INSTALLATION Damage, Independent Contractors, and Personal Injury shall be written for Bodily Injury and Property Damage Combined shall be written for not less than $1,000,000 or 10% of the contract cost and with a $2,000,000 aggregate. B. Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any owned, hired, and non -owned vehicles assigned to or used in performance of the CONTRACTOR's work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards if hazardous substances, materials or wastes are to be transported and a MCS 90 endorsement shall be included with coverage limits of $5,000,000 per accident for bodily injury and property damage. 9.06 Worker's Compensation and Employer's Liability: A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over CONTRACTOR's employees engaged in the performance of the Work or Services; and, Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease coverage for each employee, and $1,000,000 disease policy limit. B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of CONTRACTOR. ARTICLE 10 - INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless the City of Moab, its agents, representatives, officers, , officials and employees from and against all claims, damages, losses and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this Contract. CONTRACTOR'S duty to defend, hold harmless and indemnify the City of Moab, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from any acts, errors, mistakes, omissions, work or services in the performance of this contract including any employee of the CONTRACTOR or any tier of subcontractor or any other person acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. ARTICLE 11 - MISCELLANEOUS 11.01 Terms used in this Contract which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. CC-8 Page 47 of 82 City of Moab — Construction Contract Project: ROTARY PARK BASKETBALL CONCRETE INSTALLATION 11.02 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. 11.03 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 , 2013. 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 same. )§ day of , personally appeared before me , who duly acknowledged to me that they executed the Notary Public My Commission Expires: Residing in: Grand County CC-9 Page 48 of 82 City of Moab — Construction Contract Project: ROTARY PARK BASKETBALL CONCRETE INSTALLATION Exhibit A ARTICLE 12 - PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of , 20 by ("Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ , check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the project owned by the City and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. By: Subcontractor Title: CC - 10 Page 49 of 82 CITY OF MOAB CONTRACT FOR THE PURCHASE OF GOODS and SERVICES ("Contract") This Contract is between the City of Moab, a Utah municipal corporation ("City"), and Sport Court of Southern Utah, ("Contractor"). This Contract is effective on the date it has been signed by all parties. This contract expires on the date all warranties have expired. Contractor agrees to sell, and City agrees to purchase, Goods and Services for the benefit of City subject to the following terms and conditions: RECITALS This Contract is for the purchase and sale of the following: a 50' x 32' outdoor modular suspended tile court and accessories. The following documents shall be deemed to form and be read and construed as part of this agreement: 1. Bidding documents, viz a. Advertisement and Instructions to Bidders (Letter from Moab City) b. Bid Specifications c. Bid Drawings 1. DEFINITIONS. A. "Goods" means the goods specified in Section 2. B. "Services" means the services, that are incidental to the purchase of Goods and that Contractor is required to perform under Section 2. C. "Specifications" means the specific attributes of Goods and Services described in the Bidding documents and in Section 3. D. "Work Product" means all Goods and Services Contractor delivers or is required to deliver to City pursuant to this Contract. 2. REQUIRED GOODS, SERVICES, PRICING AND DELIVERY SCHEDULE. Contractor shall deliver to City the following Goods and Services for the prices specified in this Section 2. A. GOODS. i. Description and Quantity: A 50' x 32' outdoor modular suspended tile court that includes edging, painting/striping, a 72" basketball standard system, net pole, and 35' pickleball net, and all other items necessary to conform to the requirements of the Bidding documents. ii. Price: thirteen thousand, three hundred seventy seven dollars and thirty-six cents. ($13,377.36), in lawful money of the United States of America. B. SERVICES. i. Design: Professional design of the outdoor modular suspended tile court system that meets performance requirements, structural requirements, and all other requirements set forth in the bidding documents. Design also includes working providing the concrete contractor with locations and specifications for anchoring the tiles and the preparing the footing for the basketball standard. ii. Installation: Contractor shall perform installation of all Goods delivered under this Contract including the 50' x 32' outdoor modular suspended tile court, edging, 72" basketball standard Rotary Park Basketball Surface System Purchase Contract Page 1 of 9 Page 50 of 82 system, net pole, and 35' pickleball net, and all other items necessary to conform to the requirements of the Bidding documents. iii. Price: Contractor shall perform Services at no additional cost to City. C. DELIVERY of GOODS & SERVICES. i. Contractor shall deliver Goods to City and shall perform Services, if any, at the following address: Rotary Park, Millcreek Drive, Moab, Utah ii. Contractor shall deliver Goods F.O.B. at place of destination. iii. Contractor shall retain the risk of loss of Goods until City accepts Goods in accordance with Section 4.C. iv. Contractor shall deliver Goods no later than thirty (30) calendar days from the effective date of this Contract. 3. SPECIFICATIONS. Contractor shall deliver all Goods and Services specified in Section 2 in accordance with this Section 3. Contractor's failure to deliver Goods and Services in accordance with the provisions of this Contract is a material breach of this Contract. A. GENERAL PROVISIONS. i. Non -Compliance. If any Goods or component parts are recalled by a regulatory body or the manufacturer, or discovered by Contractor not to comply with applicable regulatory standards or the Specifications, Contractor shall immediately notify City of the recall or non-compliance, and shall provide copies of the recall notice or notice of non-compliance, as applicable, and all other supporting documentation for the recall or non-compliance determination. City may elect to (a) reject Goods in whole or in part, or (b) revoke its acceptance of Goods in whole or in part. If City rejects Goods or revokes its acceptance of Goods, Contractor shall remove the particular Goods from City's possession as provided in Section 4.C.iv at no cost to City and shall reimburse City for all payments made for those Goods. ii. Standard Components. Unless specified otherwise in this Section 3, Specifications, Contractor shall provide Goods with all components and accessories that the manufacturer lists as "standard" for Goods. iii. Necessary Components. Unless specified otherwise in this Section 3, Specifications, Contractor shall include all components, hardware and parts necessary for complete and proper assembly, installation and operation of Goods. iv. New and Unused Goods. Unless specified otherwise in this Section 3, Specifications, Contractor shall deliver Goods that are new, unused and produced from current production inventory. Contractor shall provide Goods manufactured from only those components that the manufacturer offers in the manufacturer's current parts catalogue for Goods. B. DETAILED SPECIFICATIONS. Specifications for this surfacing system are attached. 4. TERMS AND CONDITIONS. A. PAYMENT. City's Payment. City shall pay Contractor for Goods delivered and Services performed at the prices and rates specified in Section 2. Contractor shall look solely to City for payment of all amounts City owes to Contractor. Rotary Park Basketball Surface System Purchase Contract Page 2 of 9 Page 51 of 82 B. PAYMENT SCHEDULE, INVOICES. i. Contractor shall be entitled to 55% of the total Contract price upon execution of this Contract and shall be entitled to the remaining balance of the Contract price upon the City's final acceptance of the Goods and Contractor's completion of the Services. ii. Contractor shall submit invoices as request for payment. Contractor shall send all invoices to the City mailing address specified in Section 6 or to any other address that City may indicate in writing to Contractor. Contractor shall include in each invoice: a. The Solicitation number if any, the Contract number if any; b. The quantity of Goods ordered, the quantity of Goods delivered, the date Goods were delivered, the price per unit, if applicable; c. A detailed description of Services performed, including the name or names of the individuals who performed Services and prepared the deliverables to which the invoice applies, the dates Services were performed, all deliverables delivered during the period of the invoices, the rate or rates for Services performed, and the total cost of Services; d. Itemization and explanation of all expenses for which Contractor claims reimbursement authorized under this Contract; and e. The total amount due and the payment address. C. ACCEPTANCE, REJECTION AND REVOCATION OF ACCEPTANCE: i. Acceptance. City shall test, if City in its sole discretion deems testing necessary, inspect and either accept or reject Goods delivered within seven (7) calendar days from the date Contractor delivers Goods to City. If City does not provide written notice of acceptance or rejection of Goods to Contractor within seven (7) calendar days following the date of delivery of Goods, City is deemed to have accepted Goods. ii. Rejection. If City rejects Goods, then City's written notice of rejection shall, at a minimum, itemize the apparent defects and include: a. a description of nonconformance between Goods delivered and the required Specifications and warranties (including any variance from demonstrations or sample characteristics of Goods if Contractor provided demonstrations or samples); b. a description of any other nonconformance of Goods (including late delivery); and c. a statement indicating whether Contractor may cure the nonconformance and if so, the method by which and time period within which Contractor may cure. iii. Revocation of Acceptance. Notwithstanding City's acceptance of Goods under Section 4.C.i City may revoke its acceptance of Goods for nonconformance with the Specifications. If City revokes acceptance of Goods, City shall deliver a written notice of revocation of acceptance to Contractor that includes the same information required for a written notice of rejection under Section 4.C.ii. iv. Effect of Rejection or Revocation of Acceptance. If City rejects Goods or revokes its acceptance of Goods, Contractor shall refund all payments City has made to Contractor for those Goods and shall, at no cost to City, remove Goods from City's possession within thirty (30) calendar days following the later of the date of City's notice of rejection, the date of City's notice of revocation of acceptance, or the date of Contractor's failure to cure if cure is permitted. Nothing contained in this Section 4.0 precludes City from pursuing any remedies to which either may be entitled upon rejection or revocation of acceptance of Goods or otherwise under this Contract. D. CONTRACTOR REPRESENTATIONS AND WARRANTIES. i. All express and implied warranties that are applicable to goods under Utah state law apply to Goods delivered under this Contract. Contractor represents and further warrants that: Rotary Park Basketball Surface System Purchase Contract Page 3 of 9 Page 52 of 82 a. Contractor has the authority to enter into and perform in accordance with this Contract, and that this Contract, when executed and delivered, is a valid and binding obligation of Contractor that is enforceable in accordance with its terms; b. All Goods delivered to City are new, unused, current production models and are free from defects in materials, design and manufacture for the duration of the warranty period specified in the Bidding documents. ("Warranty Period"). Contractor further represents and warrants that all Goods meet or exceed all Specifications; c. All Goods delivered shall comply with all applicable federal health and safety standards. d. Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor will apply that skill and knowledge with care and diligence and perform Services in a timely, professional and workmanlike manner in accordance with standards applicable to Contractor's industry, trade or profession; e. Contractor is, and shall be at all times during the term of this Contract, qualified, professionally competent and duly licensed to perform Services; f. Contractor has unencumbered title to the goods, and that same are delivered free of any liens or encumbrances; and The Goods are merchantable and are fit for the intended purposes of the City, as specified by the bidding documents. ii. The warranties specified in this Section 4.D are in addition to, and not in lieu of, any other warranties provided in this Contract. All warranties are cumulative and shall be interpreted broadly to give City the greatest warranty protection available. g• E. MANUFACTURER WARRANTIES. At no charge to City, Contractor shall transfer or cause the transfer of all manufacturers' warranties for Goods and component parts, if any, to the City for City's benefit when Contractor delivers Goods to City. If a conflict or inconsistency exists between a manufacturer's warranty and Contractor's warranty, the warranty that provides the greatest benefit and protection to City shall prevail. F. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS. Contractor shall comply with all federal, state and local laws, regulations, and ordinances applicable to this Contract or to Contractor's obligations under this Contract, as they may be adopted or amended from time to time. G. MATERIAL SAFETY DATA SHEET. At the time Contractor delivers Goods to City, Contractor shall provide to City a "Material Safety Data Sheet" as defined by (OSHA) for any Goods delivered which may release or otherwise cause exposure to a hazardous chemical substance under normal conditions of use. Contractor shall properly label, tag or mark those Goods. H. TIME IS OF THE ESSENCE. Contractor agrees that time is of the essence in the performance of this Contract. I. FORCE MAJEURE. Neither City nor Contractor shall be responsible for any failure to perform or for any delay in the performance of any obligation under this Contract caused by fire, riot, acts of God, terrorism, war, or any other cause which is beyond either party's reasonable control. Contractor shall make all reasonable efforts to eliminate the cause of Contractor's delay or breach and shall, upon elimination of the cause, continue performing under this Contract. Alternately, the City may terminate this Contract upon written notice to Contractor after reasonably determining that this delay or breach could likely prevent successful performance of this Contract. Rotary Park Basketball Surface System Purchase Contract Page 4 of 9 Page 53 of 82 J. INDEMNIFICATION. General Indemnification. Contractor shall defend, hold harmless, and indemnify City, its officers, directors, agents, and employees from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever ("claims") resulting from, arising out of, or relation to the acts or omissions of contractor or its officers, employees, subcontractors, or agents under this contract. K. EVENTS OF BREACH. i. Breach by Contractor. Contractor breaches this Contract if: a. Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; b. Contractor no longer holds a license or certificate that is required for Contractor to perform its obligations under this Contract and Contractor has not obtained the required license or certificate within fourteen (14) calendar days after delivery of City's notice of breach or a longer period as City may specify in its notice; or c. Contractor commits any material breach of any covenant, warranty, obligation or certification under this Contract and Contractor fails to cure its breach within fourteen (14) calendar days after delivery of City's notice of breach or within a longer period as City may specify in its notice. ii. Breach by City. City breaches this Contract if: a. City fails to pay Contractor any amount pursuant to the terms of this Contract, and City fails to cure this failure within fourteen (14) business days after delivery of Contractor's notice of breach or within a longer period as Contractor may specify in its notice; or b. City commits any material breach of its obligations under this Contract, fails to perform its obligations hereunder within the time specified or any extension thereof, and fails to cure its failure within fourteen (14) calendar days after delivery of Contractor's notice of breach or a longer period as Contractor may specify in its notice. L. REMEDIES. i. City's Remedies. If Contractor is in breach under Section 4.K.i, then in addition to the remedies afforded elsewhere in this Contract, City shall be entitled to recover for any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, incidental and consequential damages, as provided in Utah state law. City may, at its option, pursue any or all of the remedies available under this Contract and at law or in equity, including, but not limited to: a. Termination of this Contract under Section 4.N.ii; b. Withholding all amounts Contractor has invoiced for Goods and Services that Contractor is obligated to but has failed to deliver or perform within any scheduled completion dates or has performed inadequately or defectively; c. Initiation of an action or proceeding for damages, specific performance, replevin, declaratory or injunctive relief; or d. Exercise of the right of setoff and withholding amounts otherwise due and owing to Contractor in an amount equal to City's setoff right, without penalty. These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If Contractor is found to not be in breach under Section 4.K.i, the rights and obligations of the parties shall be the same as if this Contract was terminated pursuant to Section 4.N.ii.a. ii. Contractor's Remedies. If City terminates this Contract for convenience under Section 4.N.ii.a, Contractor's remedy shall be limited to recovery of any direct losses for storage and transport up Rotary Park Basketball Surface System Purchase Contract Page 5 of 9 Page 54 of 82 to the time of termination. If City is in breach under Section 4.K.ii and whether or not Contractor elects to exercise its right to terminate this Contract under Section 4.N.iii, Contractor's sole remedy is a claim against City is for the unpaid price for any Goods delivered and accepted by City or with respect to Goods rejected by the City, the difference between the Contract Price and any subsequent sale of the Contract Goods, less any claims City has against Contractor, and is as follows for unpaid Services completed and accepted by City: a. For Services compensable on an hourly basis, a claim against City for unpaid invoices, hours worked but not yet invoiced and authorized expenses for Services completed and accepted by City less any claims City has against Contractor. b. For deliverable -based Services, a claim against City for the amount specified for completing the deliverable multiplied by the percentage of Services completed and accepted by City, less previous amounts paid and the amount of any claims City has against Contractor. c. If previous amounts paid to Contractor for Goods and Services exceed the amount due to Contractor under this Section 4.L.ii, Contractor shall pay the excess amount to City immediately upon written demand. M. ATTORNEYS' FEES. In the event of any dispute arising out of this Contract, the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other relief specified herein. N. TERMINATION. i. Termination by Mutual Consent. The Contract may be terminated at any time by mutual written consent of the parties. ii. Termination by City: a. City may, at its sole discretion, terminate the Contract for its convenience upon 30 days written notice to Contractor. b. City may, in its sole discretion, terminate this Contract, immediately upon notice to Contractor, or at a later date as City may establish in its notice, upon the occurrence of any of the following events: 1. City fails to receive funding, appropriations, limitations, allotments or other expenditure authority at levels sufficient to allow City, in the exercise of its reasonable administrative discretion, to make payments under this Contract; 2. Federal or state laws, regulations, or guidelines are modified or interpreted in a way that either the purchase of Goods or Services, or both, by the City under this Contract is prohibited, or the City is prohibited from paying for Goods or Services, or both, from the planned funding source; or 3. Contractor commits any material breach of this Contract. 4. Contractor shall stop performance under this Contract as directed by City in any written notice of termination delivered to Contractor under this Section 4.N.ii. iii. Termination by Contractor: Contractor may terminate this Contract immediately upon written notice to City, or at a later date as Contractor may establish in its notice, if City is in breach under Section 4.K.ii. O. TITLE TO GOODS. Title to Goods. Title to Goods passes to City in accordance with Utah state law. P. NOTICES. Rotary Park Basketball Surface System Purchase Contract Page 6 of 9 Page 55 of 82 All notices required under this Contract shall be in writing and addressed to the party's authorized representative. For City, the authorized representative is the City contact person identified in Section 8. Contractor's authorized representative is the contact person identified in Section 7. Mailed notices are deemed received five (5) days after the post mark date when properly addressed and deposited prepaid into the U.S. postal service. Faxed notices are deemed received upon electronic confirmation of successful transmission to the designated fax number. Notices delivered by personal delivery are deemed received when delivered to the address specified for the receiving party's authorized representative. Q. GOVERNING LAW. The Contract is governed by and construed in accordance with the laws of State of Utah. Venue for any dispute arising out of this contract shall be in the courts of Grand County, Utah. R. SEVERABILITY. If a court of competent jurisdiction declares any provision of this Contract to be illegal or otherwise invalid, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Contract did not contain the particular provision held to be invalid. S. SUBCONTRACTS; ASSIGNMENT; SUCCESSORS. i. Contractor shall not enter into any subcontracts for any Services required under this Contract without City's prior written consent. In addition to any other provisions City may require, Contractor shall include in any permitted subcontract provisions to ensure that City will receive the benefit of subcontractor's performance as if the subcontractor were Contractor with respect to Sections 3, 4.D, 4.E, 4.G, 4.H, 4.J, 4.P, 4.R, and 4.T. City's consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract. ii. Contractor shall not assign, delegate or transfer any of its rights or obligations under this Contract without City's prior written consent. City's written consent does not relieve Contractor of any obligations under this Contract, and any assignee, transferee, or delegate is considered Contractor's agent. iii. The provisions of this Contract are binding upon, and inure to the benefit of the parties and their respective successors and permitted assigns, if any. T. MERGER CLAUSE; AMENDMENT; WAIVER. This Contract constitutes the entire agreement between the parties on the subject matter thereof. There are no understandings, agreements or representations, oral or written, not specified in this document. This Contract may only be amended by execution of a written document properly authorized as provided by applicable statutes. No waiver or consent to any departure from the terms of this Contract shall bind either party unless in writing and signed by City and Contractor, and all necessary approvals have been obtained. Waivers and consents shall be effective only in the specific instance and for the specific purpose given. The failure of City to enforce any provision of this Contract shall not constitute a waiver by City as to any successive breach or any breach of other provisions. U. THIRD PARTY BENEFICIARIES. City and Contractor are the only parties to this Contract and are the only parties entitled to enforce the terms of this Contract. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless the third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract. City is an intended beneficiary of the terms of this Contract. V. COUNTERPARTS. Rotary Park Basketball Surface System Purchase Contract Page 7 of 9 Page 56 of 82 This Contract may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Contract so executed shall constitute an original. Rotary Park Basketball Surface System Purchase Contract Page 8 of 9 Page 57 of 82 5. CERTIFICATIONS AND SIGNATURE OF CONTRACTOR'S AUTHORIZED REPRESENTATIVE. THIS CONTRACT MUST BE SIGNED IN INK BY AN AUTHORIZED REPRESENTATIVE OF CONTRACTOR. The undersigned certifies under penalty of perjury both individually and on behalf of Contractor that: A. The undersigned is a duly authorized representative of Contractor, has been authorized by Contractor to make all representations, attestations, and certifications contained in this Contract and to execute this Contract on behalf of Contractor; B. Contractor is bound by and will comply with all requirements, terms and conditions contained in this Contract and will provide Goods and Services in accordance with the Specifications; and Contractor: Authorized Signature: By (print name): Title: Attest (if corporation): By (print name): Title: Date: Contractor's Contact Person (Type or Print): Contact Telephone Number: ( ) Contact Fax Number: ( ) Contact E-Mail Address: Mailing Address: 6. SIGNATURE OF CITY'S AUTHORIZED REPRESENTATIVE. City accepts Contractor's offer and awards this Contract to Contractor for Goods and Service described in this Contract. FOR THE CITY OF MOAB By: David L. Sakrison, Mayor Date: City's Contact Person: Attest: Rachel E. Stenta, City Recorder David Olsen, Community Development Director Phone: 435-259-5129 Fax: 435-259-4135 Email: david@moabcity.org City Mailing Address: 217 East Center Street, Moab, Utah, 84532 Rotary Park Basketball Surface System Purchase Contract Page 9 of 9 Page 58 of 82 AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 22, 2013 Agenda item #: 6-4 Title: Approval of Ordinance #2013-18 -- Adopting Chapter 9.44 of the Moab Municipal Code, Relating to the Establishment of a Mutual Commitment Registry Fiscal Impact: None Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: NA Background/Summary: Several weeks ago, the City of Moab was approached by representatives from Moab Pride with information regarding possible implementation of a Mutual Commitment Registry. The City Council directed staff to develop an ordinance and bring it back to the City Council for consideration. City staff researched the issue and found an ordinance and accompanying forms from Salt Lake City, which adopted a Mutual Commitment Registry in 2008. Using the Salt Lake City ordinance as a guideline, staff developed an ordinance that would apply specifically to the City of Moab. The attached ordinance establishes a mechanism whereby non -married people in committed relationships can register with the City Recorder's Office. The Registry would allow organizations and employers within city limits to recognize the mutual commitment status of individuals for the purpose of providing health care or other benefits. The Registry does not mandate any private or non -city employer to provide any particular benefit or privilege. Note that the ordinance does provide privileges for individuals on the Registry for the use of city facilities and programs that are commensurate with those provided to married couples and their families. This privilege would apply to recreation facilities such as the Moab Recreation and Aquatic Center, which offers membership categories for couples and families. 1 Options: The Council may vote to approve, approve with changes, deny, or postpone approval of the ordinance Staff Recommendation: Staff recommends approval of the ordinance as presented. Recommended Motion: "I move to approve Ordinance #2013-18 as presented. Attachment(s): Ordinance 6-4 Page 59 of 82 ORDINANCE #2013-18 AN ORDINANCE ADOPTING CHAPTER 9.44 OF THE MOAB MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF A MUTUAL COMMITMENT REGISTRY WHEREAS, Utah Code Annotated Section 10-8-84 (1) provides that cities may pass ordinances intended to preserve the health and promote the prosperity of the city and its inhabitants; and WHEREAS, the City of Moab finds that it is within its powers and duties to ensure that its citizens have access to adequate health benefits and other basic privileges; and WHEREAS, the City of Moab and other employers within city limits may elect to provide health benefits and other benefits to people who are in relationships of mutual commitment but who are not married, such as adult dependents, people in same or opposite sex relationships, people in committed friendships, or other types of familial relationships; and WHEREAS, the City of Moab finds that it is in the City's purview to help facilitate the provision of health care benefits and other privileges in cases in which two individuals desire to declare that they have a relationship of mutual commitment, support and caring, and that they participate in the financial and physical welfare of each other and plan to continue to do so; and WHEREAS, two individuals may wish to declare such a relationship and to designate one another as the recipients of such benefits and privileges by making a Declaration of Mutual Commitment; and WHEREAS, the City can offer a mechanism whereby such individuals may make such a declaration by establishing a Mutual Commitment Registry; NOW, THEREFORE, be it ordained by the City of Moab that Chapter 9.44 of the Moab Municipal Code Relating to the Establishment of a Mutual Commitment Registry is hereby adopted as follows: Page 60 of 82 CHAPTER 9.44 MUTUAL COMMITMENT REGISTRY Sections: 9.44.010 9.44.020 9.44.030 9.44.040 9.44.050 9.44.060 9.44.010 Purpose The City is committed to promoting justice, equality and inclusiveness in the provision of health care and many other benefits that may be offered by the City or other employers within city limits. It is the purpose of this Chapter to allow any two adults in a committed relationship who meet the Mutual Commitment Registry criteria to register with the City and to obtain a certificate attesting to their status. 9.44.020 Eligibility Requirements for the Mutual Commitment Registry To be eligible to register a relationship of mutual commitment with the City of Moab, two individuals (the "declarants") must meet the following criteria: A. Be persons eighteen years of age or older and be unmarried according to the laws of the State of Utah; B. Freely declare that they are solely and mutually committed to each other; C. Be competent to contract; D. Be directly dependent upon, or interdependent with, each other, sharing a common financial obligation that is evidenced by acceptable documentation. Acceptable documentation shall include any three (3) of the following five (5) documents: 1. A joint loan obligation, mortgage, or a lease of joint ownership of a vehicle; 2. A life insurance policy, retirement benefits account, a will of trust of one declarant designating the other declarant as beneficiary thereto, or a will of trust of one declarant which designates the other declarant as executor or successor trustee; 3. A mutually granted power of attorney for purposes of health care of financial management; 4. Proof showing that one declarant is authorized to sign for purposes of the other declarant's bank or credit account; Page 61 of 82 5. Proof of a joint bank or credit account. E. Currently share a primary residence within Moab city limits. For these purposes, primary residence means the place where both declarants reside. The legal right to occupy the residence need not be joint; and, F. Execute a Declaration of Mutual Commitment, attesting to the foregoing requirements and attesting that the parties are in a relationship of mutual commitment, support and caring, that they are responsible for the each other's physical and financial welfare, and that they have the intention to remain in that relationship. 9.44.030 Declaration of Mutual Commitment A. Mutual Commitment declarants shall make an official record of their relationships by executing a Declaration of Mutual Commitment on the form prescribed by the City. B. The Declaration must include a statement that the persons are in a relationship of mutual commitment, support and caring and are responsible for each other's welfare. C. The Declaration must include a statement that both persons agree to file a notice of the termination of the relationship if there is a change in the status of their relationship such that they cease to meet the criteria of the Mutual Commitment Registry. D. The sworn Declaration shall include the date on which the Mutual Commitment was registered, the mailing address (es) of both declarants, and the notarized signatures of both declarants. The Declaration shall further state that the declarants meet all the criteria for the Mutual Commitment registry set for in Section 9.44.020. E. The City shall have no duty to verify the information provided by the individuals filing the Declaration of Mutual Commitment. 9.44.040 Termination of Mutual Commitment A Mutual Commitment ends when: A. Either of the declarants dies; or B. One or both declarants execute a notice of termination, stating that one or more of the criteria listed in section 9.44.020 no longer applies. If only one of the declarants executes the notice of termination, then that declarant shall attest to the fact that he or she has sent a copy of the notice of termination to the other declarant at the other declarant's last known address. This notice requirement does not apply if the termination of the Mutual Commitment is due to the death of one of the declarants. C. A person cannot register a Mutual Commitment until at least six months after any other Mutual Commitment of which he or she was a declarant ended and a notice that the Mutual Commitment ended was given. This does not apply if the earlier Mutual Commitment ended because one of the individuals died. 9.44.50 Registration, Fee and Amendment Page 62 of 82 A. The City Recorder's Office will keep a record of all Declarations of Mutual Commitment and of all notices terminating a Mutual Commitment. B. The fee for filing a Declaration of Mutual Commitment shall be $25.00. The payment of this fee entitles the persons filing the Declaration of Mutual Commitment to two (2) certified copies of the official Declaration. C. No fee will be charged for filing a notice terminating a Mutual Commitment D. An amendment to a Declaration may be filed by a declarant with the City Recorder's Office at any time to show a change in his or her mailing address. The record will be maintained so that amendments and notices terminating a Mutual Commitment are filed with the Declaration of Mutual Commitment to which they apply. 9.44.60 Privileges and Benefits A. Use and Access to City Facilities and Programs. All facilities owned and operated by the City, including but not limited to recreational facilities and programs, shall allow those listed on the Mutual Commitment Registry, and his or her children, to be included in the privileges and benefits accorded a spouse and children for the purpose of access to city facilities and programs. For purposes of health insurance provided to city employees, all benefits will be provided within the parameters of City's health insurance contract(s) with its provider(s). B. Other Benefits. The City may, from time to time, be requested by the City Council or Administration or private employers within the City to have the registry act as verification of Mutual Commitment status for other benefits which meet the purpose of this ordinance to promote the public health, safety and welfare of its citizens. Such requests may be granted by the City Council. This ordinance shall go into effect 30 days after the day of passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the 22nd day of October, 2013. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Page 63 of 82 AGENDA SUMMARY MOAB CITY COUNCIL MEET October 22, 2013 NG Agenda ltem #: 6-5 Title: Approval of the Jones 2 Subdivision, a Petition to Vacate, Alter or Amend a Subdivision Plat for 582/586 Doc Allen Drive in the R-2 Zone Staff Presenter: Jeff Reinhart Department: Planning and Zoning Applicant: Brandon Jones for Richard Beckstrand Background/Summary: Mr. Beckstrand has applied to the City to divide Lot 2 of the Allen Subdivision for the construction of a twin home. This division will create Lot 2-A with 5,245 square feet and Lot 2-B with 5,247 square feet. The property is owned by a single owner and the lots satisfy the dimensional requirements of the R-2 Zone. Discussion The subdivision of the lot 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 Page 64 of 82 City Council Jones 2 Subdivision October 22, 2013 public street, right-of-way, or easement is also subject to Section 10-9a- 609.5. (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4)(a) who consents to the petition. This requested subdivision meets the applicable requirements listed in state law and the Moab Municipal Code. 2 Options: The City Council may: 1. Approve the petition for creating the two lots as submitted; 2. Postpone approval of the petition if additional information is needed. Staff Recommendation: Staff recommends that this application be approved by the City Council because the request is consistent with the requirements of Utah State Code and Moab Municipal Code. Recommended Motion: "I move to approve the creation of the twin home lots on Lot 2 of the Allen Subdivision Plat." Attachment(s): Proposed plat Signed Petition p:\planning department\2013\correspondence\p1-13-141 cc jones 2.docx Page 65 of 82 Fee - $100.00 plus $25.00 per amended lot or unit. Receipt No, PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) Applicant: Richard N. Beckstrand Phone: 801-944-7722 Mailing Address: 6330 S. 3000 E. #250, Salt Lake City, UT E-mail: joneser131C�frontiernet.net Size of Properties: Lot 2A — 5,245 square feet; Lot 2B — 5,247 square feet Location of Affected Properties: Lot 2 Doc Allen Subdivision — 582/586 Doc Allen Dr. 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: 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 66 of 82 OWNERS: D to /0/iq �i� date State of u..b.in ) County of ) On the 1'frit' day of 0CtZ:44/,)01, personally appeared before me p , ckv vd BrCfr-<:frculd , who duly acknowledged to me that they executed the same. 'Votary Public My Commission Expires: gip! it,„ Residing in Sct44- La -A' 62.)/27� .� t- }„ r;. MISTI MIL R Notary Public State Of Utah My Commission Expires August 19, 2016 COMMISSION NU0IBER 657002 Page 67 of 82 �n 1 Jones 3 Subdivision We intent to build twin homes on the current lot and are subdividing this lot so that we can build them. Page 68 of 82 F; M si s v R a a Z 0 A a E sa 11 �m ag !� s� y aF a� a Z 0 t y %fi Sd� Iry CO Page 69 of 82 C,1,TY b AI MOAB AGENDA SUMMARY MOAB CITY COUNCIL M' October 22, 2013 NG Agenda item #: 6-6 PL-13-14E Title: Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat for Lot 1 and 2 of the Pear Tree Estates in the RA-1, Residential -agriculture Zone Staff Presenter: Jeff Reinhart Department: Planning and Zoning Applicant: Christina R. Sloan for John C. Borders and Brown-Helfenbein, LLC. Background/Summary: This Boundary Line Adjustment will alter the size of the lots. Lot 1 that is currently one acre in size will be increased to 1.38 acres and Lot 2 will be reduced from 2.38 acres to two acres. A plat note from the original subdivision in 2003 states: "With acceptance of this subdivision, Lot 2 will be restricted from residential development until such time as those improvements required by Moab City have been placed." This development restriction was approved with the subdivision plat because development had previously occurred on Pear Tree Lane without appropriate improvements being constructed. Staff requests that the note be a part of the motion and therefore, part of the record. Discussion The relocation of the lot line 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 Page 70 of 82 City Council BLA for Lots I and 2 Pear Tree Estates October 22, 2013 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. (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 listed in state law and the Moab Municipal Code. 2 Options: The City Council may: 1. Approve the petition for the boundary line adjustment; 2. Postpone the petition if additional information is needed. Staff Recommendation: Staff recommends that this application be approved by Council because the request is consistent with the requirements of Utah State Code and Moab Municipal Code. Recommended Motion: I move to approve the boundary line adjustment between Lot 1 and 2 of the Pear Tree Subdivision with the condition that with acceptance of this subdivision, Lot 2 will be restricted from residential development until such time as those improvements required by Moab City have been placed. Attachment(s): Signed Petition Proposed plat Legal Description Draft Quit Claim Deed p:\planning department \2013\correspondence\p1-13-14fi cc pear tree hla.docx Page 71 of 82 Applicant: Mailing Address. E-mail. Size of Properties: 414 / -/,O aG ; f 2 - .2.14304. Location of Affected Properties: AtrTrrt- LamG 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: 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; PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) Fee - $100.00 plus $25.00 per amended lot or unit. Receipt No. //33S5 -� hone. iv. 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. co co Page 72 of 82 PETITION 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 Page 73 of 82 DATED this 16th day of October 2013. OWNER OF LOT 2: BROWN-HELFENBEIN, LLC Kenneth Helfenb m, Member State of Utah ) ) ss County of Grand ) Darcey Broember The foregoing Application was acknowledged before me this 16th day of October 2013 by John C. Borders and Darcey Brown and Kenneth Helfenbein, as members of Brown-Helfenbein, LLC. Witness my hand and seal. CHRISTINA SLOAN Notary Public, State of Utah s Commission # 659603 My Commission Expires November 03, 2016 i a Sloan, No Public Page 74 of 82 EXHIBIT A LEGAL DESCRIPTIONS ORIGINAL PARCELS Lot 1, Pear Tree Estates Subdivision, according to the official Plat thereof; Lot 2, Pear Tree Estates Subdivision, according to the official Plat thereof. MODIFIED PARCELS Lot 1, Pear Tree Estates Subdivision, according to the Amended Plat thereof; Lot 2, Pear Tree Estates Subdivision, according to the Amended Plat thereof. EXCHANGED LAND A PORTION OF LOT 2 OF PEAR TREE ESTATES SUBDIVISION, WITHIN SECTION 7, T 26 S, R 22 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the SW Corner of Lot 2 of Pear Tree Estates Subdivision, and proceeding thence N 20°45' W 408.1 ft. to the NW Corner of said Lot 2 of Pear Tree Estates Subdivision, thence N 83°09'E 42.99 ft., thence S 20°45'E 398.08 ft., thence S 69°45'W 41.73 ft. to the point of beginning and containing 0.38 acres, more or less. Page 75 of 82 9-9 N•bKfYN ll1Nr.1 —313-330 WOO— 31111-3130 n 10311030 310 1Y 030100311 —tl TO 300 tl 31.5 'ON H312100211 A1N1100 1e11 00 03330 1 00 00 /0010 oe6¢w3woe 2100 'I 0310130 01Y0 MO? 1/r1/1 lie LAM 1.27XIS 1121AW 15Y3 SY 491V.M..YA44MS QNF f 1/90.7Jj AB 03WdYM A11103 N 010330 OMN I Aw10x 230613 1013111103 AN 1300N31 1033301 10080. OW OM 314 N4 ON AbN1NIlG CINY 11333111 03x0 5 104 3N1 01 030031 -MACY A1110 OM1 330I331 M-100Y00130 00311110 320101 3141 n ()030S ill NY. tl 311010 0N0 N—n A1M00 314 NU OW N WOW 1122100 0301013001 331 31 310130 Men. ATMNOSY3d—OL -ON tl1Ya— 30 10 33— n A1NN3 NY. tl iYlt mamoa37A0NN0r 3N0•• 3 N•. 011 —03 13V —n AYO — 5011 135 0/313130 303J030001 5E0116 N 'ELL 011101 W. 03001N SY 03 SILL M MOM OIIII n 01330041 T3 3203 310 n 3011303031 IOU 3133030 A®00 00 a3amanv '63.1.tl163 33335 EY3d SY MOM 311 01 111103001 017305 CON S101 01111 03313133 30 0} 3MS 03 133 ONNYN 310 tl 10Y01 0301000 3 0W 310 n (M0110 1131101300103 110 '—lYW 01N32201 IOW AO ION TN 0313 Nourma30 SH3NA0 003N 'N ANION 31r0 SST 00 31100 333N 0[[ 01101110010 003 OM I= n 110E 310 01 31 S'IS 40000 t 3003N TONDO Y Ol 'I. ISLS 1131.00 f 30130 33/0103 r 01 14 MT 30040 S 301131 33000 r 01 '1. OVA 30013 0 33I011 "1. OW 11,0231 S 3311311 "14 013 3.00.I3 S 30101I1 33N000 r Ol 1. 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TALL 0001 S11 MOM 34 01 3313I -301 Sams 011r 0101 01111 0N0 tl 13011 as oname16 3.11 CNN 30130 031361430 ONY 131 SIM NO Mph 010 n 13311/ 310 n 13105 Y 3001 3130 1 30+31010 310 tl A100NM 11301.11301 A.Oe133 SY 190121 0311 313.1 Nn 03 i `'0UM11111011 OW 030 /WU Y NY 11301 AnNO A83031 00 1100311 TI 1N101Y 1 31r01L1111130 SAIOASAHnS 103113 3111010021 CNY 0314333 Al 106111003 '-1112 323 tl AYt— SN 00 WON n 113. 11 30 01 0311E30 TVAOHdar SHOAVIY 'l IOYYIL Im INR i% 1N1Y31 11. 1II. .R1.nun 73W ,1.0111 .ti NY31 'A1N00O 0111130 'Alp BYON 'N >P N1S '3 ZZ x 5 9Z 1 'L 1431103S 1/I39 3N1 N asamaNv •saivisa HHHI xvaa d0 1Vld NOSNIOBRS IVNU V m1-rru-E. .t iA' •'ter r13 1 n • O. • • i ...� . 3p�1 PISIRL, 144 - 1 1 'nit. S�;I • ,� i ` l?iii: drW A.L1NI01A 11 N•301 (1a3N) rIVOS 3113dv210 manna an Ev •,.neam eon. 0 no Fromm N• nod An San • .n aawM M• Y•d W. m • aiiapaz QUIT CLAIM DEED This QUIT CLAIM DEED is made this 16th day of October 2013 by and between Brown- Helfenbein, LLC, a Utah Limited Liability Company ("Grantor") and John C. Borders, of Moab, Utah ("Grantee"). The Grantor, for and in consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and Quitclaimed, and by these presents does remise, release, sell and Quitclaim unto the Grantee, his successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the following real property, together with improvements, if any: A PORTION OF LOT 2 OF PEAR TREE ESTATES SUBDIVISION, WITHIN SECTION 7, T 26 S, R 22 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the SW Corner of Lot 2 of Pear Tree Estates Subdivision, and proceeding thence N 20°45'W 408.1 ft. to the NW Corner of said Lot 2 of Pear Tree Estates Subdivision, thence N 83°09'E 42.99 ft., thence S 20°45'E 398.08 ft., thence S 69°45' W 41.73 ft. to the point of beginning and containing 0.38 acres, more or less. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. GRANTOR: BROWN-HELFENBEIN, LLC Kenneth Helfen ► in, Mem er STATE OF ) ss. COUNTY OF z), Darce" Bros,., Member Acknowledged, subscribed to, and sworn before me this 16th day of October 2013 by Kenneth Helfenbein and Darcey Brown, Members of Brown-Helfenbein, LLC. Witness my hand and seal. CHRISTINA SLOAN Notary Public, State of Utah Commission # 659603 My Commission Expires November 03, 2016 Nrzstina Sloan, Notary Public Page 77 of 82 arY Op. MOAB AGENDA SUMMARY MOAB CITY COUNCIL October 22, 2011 Agenda ltem #: 6-7 PL-13-142 Title: Public Hearing: Ordinance #2013-15 -- An Ordinance Amending the City of Moab Municipal Code, Chapter 17.24.020, Use Requirements, Amending the Listed Uses of the C-3 Commercial Zone and 17.27.020, Use Requirements, and Amending the Listed Uses of the C-4 Commercial Zone, Allowing Employee Housing to be Constructed in Conjunction with Non-residential Developments Fiscal Impact: n/a Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: -N/A Background/Summary: In an effort to encourage the development of employee housing, Staff and the Planning Commission have developed the attached Ordinance #2013-15. This code amendment will allow commercial property owners an opportunity to construct accessory housing for their workers on their commercial properties. Specific standards must be used for this type of development as indicated in paragraph 28 for both the C-3 (17.24.020) and C-4 (17.27.020) commercial zones. Those standards include: a. The housing units shall be for employees of the business that operates the premises on which the employee housing units are built; b. The housing units shall be located on the business property or on a directly adjacent property; c. Housing shall meet all residential standards of the International Building Code; d. The lease term shall be for a period of not less than 31 days; e. In no case shall employee housing be physically located in front of a building; f. Employee housing may be allowed at a rate of up to twenty (20) percent of the commercial structure or 2 units per 10,000 sq ft of the floor area of the commercial structure and shall not exceed 1,000 sq ft per unit in size; and g. Off street parking shall be provided at a rate of 0.75 spaces/unit. i. An exception to the required employee housing parking spaces may be granted by the Planning Commission if the applicant can show that sufficient parking exists for the commercial use. By allowing employee housing in these two commercial zones, it is hoped that commercial property owners will take advantage of this mechanism and provide housing for their own employees. This will help to address the complaint that there is no housing available for workers. If adopted, commercial property owners will have the opportunity to convert a portion of an existing building into a Page 78 of 82 Page 2 of 2 residential use. Examples can include using motel rooms for employees or creating an apartment for a manager or other employee in other commercial or retail situations. The ordinance does not require commercial owners to provide free housing but the employer will be able to set appropriate rental rates. It is anticipated that business owners who are subjected to large turnover rates from year to year will be able to rehire the same employees and not have to repeat training every season. This ordinance is in compliance with the Affordable Housing Plan to research options to provide housing for all levels of income. Options: The process for text amendments is found in Chapter 17.04, Zoning Map Amendments and Text Amendments. In Chapter 17.04.080 paragraph A., the Code requires that a public hearing be held by the Planning Commission. Paragraph B requires that a decision to, "either recommend approval, approval with modifications, or disapproval of the application", must be reached within thirty (30) days of the public hearing and that the decision is to be conveyed to Council within ten (10) days. According to Chapter 17.04.100 (A), Council may approve the amendment at the next public meeting without a public hearing but, can also, "In its discretion... elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance." (17.04.100 C) The City Council may: 1. Approve Ordinance #2013-15 as written; 2. Approve Ordinance #2013-15 with amendments; 3. Deny Ordinance #2013-15 and state reasons; 4. Postpone the ordinance until a later date and request additional information. Staff Recommendation: Staff recommends that the ordinance be approved. The proposed text amendments allow greater flexibility in housing options that can be provided for employees by their employers. Recommended Motion: "I move to approve of Ordinance #2013-15 as written." Attachment(s):Ordinance #2013-15 p:\planning department \2013\correspondence \p1-13-105 pc ord#12.docx Page 79 of 82 ORDINANCE #2013-15 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.24.020, USE REQUIREMENTS, AMENDING THE LISTED USES OF THE C-3 COMMERCIAL ZONE AND 17.27.020, USE REQUIREMENTS, AND AMENDING THE LISTED USES OF THE C-4 COMMERCIAL ZONE, ALLOWING EMPLOYEE HOUSING TO BE CONSTRUCTED IN CONJUNCTION WITH NON-RESIDENTIAL DEVELOPMENTS 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 Council adopted the Grand County and City of Moab Housing Study and Affordable Housing Plan in an effort to provide housing for all groups of people and to investigate options for the encouragement of housing development; and WHEREAS, the City has determined that providing employee housing is an important element in stabilizing the employee pool in Moab by aiding in the retention of a trained workforce; and WHEREAS, the City of Moab Planning Commission ("Commission") has reviewed the uses in the commercial zones and determined that affordable workforce housing developed in conjunction with a nonresidential development will provide housing for local employees of the business; and WHEREAS, Commission, in a duly advertised public hearing held on October 10, 2013, met to hear testimony and determine the merits of the changes to Chapter 17.24.020, Use Regulations, for C-3 Zone, and 17.25.020, Use Regulations, for the C-4 Zone of the Moab Municipal Code; and WHEREAS the Commission unanimously voted to recommend that the Council adopt the amended language and that adoption of Ordinance #2013-15 is in the best interests of the citizens of Moab; and, WHEREAS, the Commission found that the proposed changes to said code chapters would benefit the City and public at large and insure that more options for employee housing can be considered when associated with an application for non-residential development; and WHEREAS, the Council agrees with the Commission and found that the amendments to the code are in the best interests of the City and residents. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2013-15 is hereby adopted to amend the Municipal Code Chapter17.24.020, Use Requirements, for the C-3 Zone as set forth below and additional uses be renumbered accordingly, if necessary: 17.24.020 Use requirements. 28. Dwellings and apartment houses are permitted on the ground floor only when constructed Page 80 of 82 in conjunction with, and as an accessory to, a commercial use. Such dwellings and apartment houses on the ground floor must adhere to the following standards: a. The housing units shall be for employees of the business that operates the premises on which the employee housing units are built; b. The housing units shall be located on the business property or on a directly adjacent property; c. Housing shall meet all residential standards of the International Building Code; d. The lease term shall be for a period of not less than 31 days; e. In no case shall employee housing be physically located in front of a building; f. Employee housing may be allowed at a rate of up to twenty (20) percent of the commercial structure or two units per 10,000 sq ft of the floor area of the commercial structure and shall not exceed 1,000 sq ft per unit in size; and g. Off street parking shall be provided at a rate of 0.75 spaces/unit. i. An exception to the required employee housing parking spaces may be granted by the Planning Commission if the applicant can show that more than sufficient parking exists for the commercial use. 29. Other dwellings and apartment houses are not permitted on the ground floor but dwellings above the ground floor of a nonresidential structure shall be permitted; AND THAT, Municipal Code Chapter17.27.020, Use Requirements, for the C-4 Zone is amended to read as set forth below and additional uses be renumbered accordingly, if necessary: 17.27.020 Use requirements. 28. Dwellings and apartment houses are permitted on the ground floor only when constructed in conjunction with, and as an accessory to, a commercial use. Such dwellings and apartment houses on the ground floor must adhere to the following standards: a. The housing units shall be for employees of the business that operates the premises on which the employee housing units are built; b. The housing units shall be located on the business property or a directly adjacent property; c. Housing shall meet all residential standards of the International Building Code; d. Housing shall house employees for a period of not less than 31 days; e. In no case shall employee housing be located in front of buildings and such units shall be located in the rear portion of commercial business structures; f. Employee housing may be allowed at a rate of up to two units per 10,000 sq ft of the floor area of the commercial structure and shall not exceed 1,000 sq ft per unit in size; and g. Off street parking shall be provided at a rate of 0.75 spaces/unit. i. An exception to the required employee housing parking spaces may be Page 81 of 82 granted by the Planning Commission if the applicant can show that more than sufficient parking exists for the commercial use. 29. Other dwellings and apartment houses are not permitted on the ground floor but dwellings above the ground floor of a nonresidential structure shall be permitted; Passed and adopted by action of the Governing Body of the City of Moab in open session this day of , 2013. City of Moab Mayor David L. Sakrison Attest: Rachel Stenta City Recorder p:\planning department\20I3\ordinances \ordinance 2013-15 c-3 and c-4 employee hsg.docx Page 82 of 82