HomeMy Public PortalAboutPKT-CC-2018-07-10CITY OF
MOAB
Moab City
Council
July 10, 2018
Pre -Council Workshop
6: oo P.M.
REGULAR COUNCIL
MEETING
7: oo P.M.
Moab City Council Chambers
City Center
(aid East Center Street)
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CITY OF
MoAg
City Council
Regular Council Meeting
City Council Chambers
Tuesday, July io, 2018 at 6:0o p.m.
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
6:0o p.m. JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP
■ Conditional Use Changes - Follow-up Briefing
■ Briefing on Planned Affordable Development (PAD) - Solicit
Direction from Council
7:oo p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: MAYOR AND COUNCIL REPORTS
SECTION 2: ADMINISTRATIVE REPORTS
SECTION 3: CITIZENS TO BE HEARD
SECTION 4: SPECIAL EVENTS/VENDORS/BEER LICENSES
4-1 Moab Rotary April Action Car Show - April 26 to 28, 2019
4-1-1 Special Event License
4-1-2 Special Use of Swanny City Park Use Permit
4-1-3 Consideration of a Fee Waiver Request in an Amount not to
exceed $4,735
4-2 Moab Pride Festival — September 29, 2018
4-2-1 Special Event License
4-2-2 Special Use of Swanny City Park Permit
4-2-3 Consideration of a Fee Waiver Request in an Amount not to
exceed $1,415
SECTION 5: NEW BUSINESS
5-1 Approval of Proposed Resolution #30-2018 — A Resolution of the
Governing Body of the City of Moab Declaring Certain Property Owned
by the City of Moab as Surplus
5-2 Approval of Proposed Resolution #31-2018 — A Resolution Concerning
the Authorization of the Governor's Office of Energy Development to
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Conduct the Commercial Property Assessed Clean Energy District
within Moab and Discussion and Possible Action on Proposed
Resolution #32-2o18 — A Resolution Urging Congress to Levy a
Revenue -Neutral Fee on the Carbon in Fossil Fuels
5-3 Request to Send Proposed Resolution #32-2018 — A Resolution
Adopting a Schedule Adjustment for the Wastewater Service Rates to a
Public Hearing on July 25, 2018 at Approximately 7:3o p.m.
5-4 Additional Discussion Regarding Planned Affordable Development (if
necessary)
SECTION 6: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 7: 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
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Moab City Council Agenda Item
Meeting Date: July 10, 2018
PL-18-31
Workshop
Title: Discussion of an Ordinance to Provide Affordable, Deed Restricted Housing in Moab
Date Submitted: July 3, 2018
Applicant: N/A
Staff Presenter: Jeff Reinhart, Planning Director
Attachment(s): Draft Ordinance
Options: N/A
Suggested Motions: Discussion only
Background/Summary:
Initiated by City of Moab Staff in 2014, the intent of the Planned Affordable Development (PAD)
ordinance is to provide optional higher density, deed -restricted affordable housing within the City.
Several tools are proposed in the ordinance and include:
Higher development intensities than what are allowed under current zoning regulations;
Thirty-year deed restrictions for housing constructed using this development tool;
Use of the minimal building code floor area requirement for home size.
The ordinance is a serious attempt to increase the number of housing units to realize a level of affordable
density in Moab. With a possible lot area of one thousand (1,000) square feet per dwelling, the city could
realize housing of 36-40 units per acre. This is in line with the recently conducted Housing Feasibility
Study that suggested this density range was necessary to begin addressing the housing issue.
The attached document has undergone several iterations and now more closely resembles the original
draft.
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Chapter 17.68
PLANNED AFFORDABLE DEVELOPMENT
[Discussion Draft 6/19/18]
Sections:
17.68.010 Purpose
17.68.020 Definitions
17.68.030 Permitted Locations
17.68.040 Allowable Densities
17.68.050 Performance Standards
17.68.060 Application Review Procedures
17.68.070 Submittal Requirements
17.68.080 Subdivision and Site Plan Requirements
17.68.090 Miscellaneous Provisions
17.68.100 Appeal Procedures
17.68.110 Development Improvements Agreement
17.68.120 Affordability Controls
17.68.130 Land Use Restriction Agreement and Covenants
17.68.140 Impact Fees
17.68.150 Enforcement
17.68.010 Purpose
A. The purpose of this Chapter is to allow Planned Affordable Developments (PAD)
that provide incentives for the development of affordable housing, while preserving the intent
of the underlying zone in which a PAD is developed. In order to qualify as PAD affordable
housing units within a development are subject to deed restrictions that preserve the
affordability of the units for a period of not less than thirty (30) years. The affordability controls
provided in this Chapter are voluntary, entered into by contract between the City and the
applicant in exchange for the zoning concessions authorized herein.
B. As applicable to PAD developments, the provisions of this Chapter supersede any
conflicting or inconsistent provisions which may be found elsewhere in the Moab Municipal
Code.
17.68.020 Definitions
A. The following definitions apply in this Chapter:
1. "Adjacent" means a parcel of land that shares a boundary with the parcel of real
property included in an application under this Chapter.
2. "Advisory Documents" means planning documents adopted by the City from
time to time, including: the Moab General Plan; Storm Water Management Master Plan;
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Sanitary Sewer Master Plan; Water Storage Distribution Master Plan; Natural Hazards Pre -
disaster Master Plan; or similarly adopted planning documents.
3. "Affordable Housing" means housing developed pursuant to this Chapter in
which the sales price of the lot or unit, or the rental rate for each unit, does not exceed the
sums deemed affordable to individuals and families with annual incomes of one hundred
percent (100%) or less of Grand County Area Median Income (AMI), as determined by the U.S.
Department of Housing and Urban Development (HUD) and the requirements of this Chapter.
a. "Moderate Income" means household income which is between eighty
percent (80%) and one hundred percent (100%) of Grand County Area Median
Income as defined by HUD.
b. "Very Low Income" means household income which is less than fifty percent
(50%) of Grand County Area Median Income as defined by HUD.
4. "Affordable Housing Unit" means a unit of housing that is affordable to
individuals and families with annual incomes of one hundred percent (100%) or less of Area
Median Income within Grand County as calculated by HUD.
5. "Area Median Income (AMI)" means the published estimate of median income
in Grand County that is determined periodically by HUD, as adjusted for household size.
6. "Development" in this Chapter refers to Planned Affordable Developments.
7. "Development Review Team (DRT)" means the committee of City employees
including the Planning Director, Public Works Director, Building Official, and such other persons
as may be designated by the City from time to time.
8. "Developer" means a person offering affordable housing units developed
pursuant to this Chapter for lease or rent to eligible persons.
9. "Development Improvements Agreement (DIA)" means a written agreement
between an applicant for a Planned Affordable Development and the City of Moab containing
specific requirements to ensure the construction of specified public or private improvements,
the phasing of construction, and security to ensure completion of improvements as a condition
for Final Plat/Plan approval.
10. "Final Approval' means the approval, with or without conditions, given by the
City Council, providing the necessary authority for an applicant to: a) in the case of a PAD
subdivision, record the Final Plat and convey subdivision lots; or b) in the case of a PAD rental
development, proceed with development of rental units.
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11. "Final Plat" means a map of a subdivision under this Chapter which has been
surveyed by a licensed professional land surveyor and acknowledged by the owner, and which
accurately depicts streets, alleys, easements, blocks, lots, survey monuments, public/private
improvements, and other attributes of a PAD subdivision.
12. "Final Site Plan" means a map of a rental development under this Chapter which
has been surveyed by a licensed professional land surveyor and acknowledged by the owner,
and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments,
building envelopes, public/private improvements, and other attributes of a PAD rental
development.
13. "Household" means a person living alone, or two or more persons, whether
related by blood or marriage or not, who reside together in a single dwelling unit.
14. "HUD" means the United States Department of Housing and Urban
Development.
15. "Land Use Restriction Agreement (LURA)" means a contract between the City of
Moab and an affordable housing Developer or Subdivider which is recorded as an encumbrance
upon the real property to be developed, and which provides for continued enforcement of the
affordability provisions of this Chapter for a duration of not less than thirty (30) years. A LURA
shall run with the land and be binding upon the parties and their successors in title, as provided
by its terms.
16. "Lot" means a tract of land defined in an approved plat which is developed for
housing and which may be conveyed to a buyer by deed.
17. "Market Rate" means a housing unit offered for sale or lease which is not
subject to the affordability controls of this Chapter.
18. "Monitoring Agency" means the City of Moab, or its designee, charged with
monitoring and/or enforcement of the affordability provisions which accompany any affordable
housing developed pursuant to this Chapter, including any LURA provisions.
19. "Original Purchase Price" means the actual sales price for affordable housing
units developed under this Chapter calculated as follows: principal, interest, taxes, and
insurance (PITI) on the unit shall not exceed thirty percent (30%) of the Grand County AMI for a
household of four (4) divided by twelve (12) months. Assumptions used to calculate the OPP
shall be i) a five (5) percent down payment; ii) a thirty (30) year mortgage term; and iii) a
mortgage rate equal to the prevailing First Home rate, or its equivalent, of the Utah Housing
Corporation.
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20. "Overnight Accommodations" means short term rentals for a period of less than
thirty (30) days provided to visitors, tourists, or similar persons who do not have a long term
residence in Moab or Grand County.
21. "Public Dedication" means streets, sidewalks, parks, open space, trails, or other
areas of land or improvements to be dedicated to public use under this Chapter.
22. "Preliminary Plan" means a map of a rental development proposed under this
Chapter which has been surveyed by a licensed professional land surveyor and acknowledged
or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks,
lots, survey monuments, building envelopes, public/private improvements, utilities, and other
attributes of a proposed PAD rental development. The Preliminary Plan shall include such other
submittals as to planned improvements as are required by this Chapter.
23. "Preliminary Plat" means a map of a subdivision development proposed under
this Chapter which has been surveyed by a licensed professional land surveyor and
acknowledged or authorized by the owner, and which accurately depicts streets, alleys,
easements, blocks, lots, survey monuments, building envelopes, public/private improvements,
utilities, and other attributes of a proposed PAD subdivision. The Preliminary Plat shall include
such other submittals as to planned improvements as are required by this Chapter.
24. "Preliminary Approval' means an approval, with or without conditions, given by
the land use authority that provides the necessary authority for an applicant to proceed with
the preparation of the Final Plat or the Final Plan.
25. "Project Area" means a defined tract of land, including all subsequent
development phases, that is proposed for a PAD development application.
26. "Setback" means the minimum distance from a specified boundary that a
structure or other feature must be located.
27. "Subdivider" means any person creating a subdivision pursuant to this Chapter
and offering affordable housing units or lots for sale to eligible persons.
28. "Subdivision" means a described tract of land that has been surveyed by a
licensed professional land surveyor and acknowledged or authorized by the owner, that
describes two or more lots which may be conveyed to buyers, and that accurately depicts
streets, alleys, easements, blocks, lots, survey monuments, and other attributes of a proposed
PAD subdivision development.
29. "Site Plan" means a map of a rental development proposed under this Chapter
which has been surveyed by a licensed professional land surveyor and acknowledged or
authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots,
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survey monuments, building envelopes, public/private improvements, utilities, and other
attributes of a proposed PAD rental development.
30. "Unit" means a residential dwelling containing, at minimum, a kitchen,
bathroom (sink, toilet, and a shower or bathtub), bedroom (or sleeping area), living area,
parking, and storage space. A residential unit may contain more than one bedroom, depending
upon the needs of the development and the housing market. Each housing unit shall be
defined to have non-exclusive access to common elements within the particular development.
17.68.030 Permitted Locations and Housing Types
A. Subject to the provisions of this Chapter, Planned Affordable Developments shall
be allowed in the following zoning districts:
1. Residential Zones: R-2, R-3, R-4, MH/RV-1 zones;
2. Commercial Zones: C-1, C-2, C-4, and C-5 zones.
B. Housing types for a PAD developments shall conform to the types permitted in
the underlying zoning district, except that apartments or similar multi -family housing types shall
be permitted in PAD developments in the R-2 zoning district.
17.68.040 Minimum Project Area; Subdivision Lot Sizes
A. Provided that all requirement of this Chapter can be met, there is no minimum
project area required for a PAD development.
B. Minimum lot sizes for PAD subdivision lots shall be as follows:
R-2 Planned Affordable Developments
Affordability Level
Very Low
Minimum
Lot Size (sq. feet)
2000
Low 2400
Moderate 3000
Market Rate 5000
R-3/R-4/C-1/C-2/C-4/C-5
Planned Affordable Development
Affordability Level
Very Low
Low
Moderate
Market Rate
Minimum Lot
Size (sq. feet)
1000
1200
1500
2000
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17.68.050 Performance Standards
A. Affordability Concept. All applications shall provide housing which contains a
combination of one bedroom (or studio), two bedroom, and three bedroom units. The
application shall demonstrate that the units for sale or rent qualify as affordable housing, as
defined by this Chapter. Market rate units shall not exceed twenty percent (20%) of total units
in the development. Units developed under this Chapter (including affordable and market rate
units) shall not be used or offered as overnight accommodations.
B. Minimum Unit Sizes. All housing units developed under this Chapter shall
contain, at minimum: a kitchen; bathroom, including a sink, toilet, shower (or bathtub);
bedroom (or sleeping area); living area; parking; and storage space. Housing units may contain
multiple bedrooms or other functional spaces as needed. All housing units, and rooms within
those units, shall comply with applicable building code minimum requirements, including the
International Residential Code, as adopted by the State of Utah:
Room Requirement
Habitable Rooms: 70 square feet
Min. Dimension: at least 7 feet
Min. Height: 7 feet
Areas Under 5' High: excluded from room
area calculation
1.
C. Height of structures. The maximum building height of all buildings in a PAD
development shall be as follows:
R-2, R-3, and R-4 Zoning District: 30 feet
C-1, C-2, C-4, C-5 Zoning District: 40 feet
1. Building height shall be measured from the average finished grade of the
building to the midpoint of the highest peak of the roof.
D. Setbacks; Adjacent Solar Access. Except as necessary to preserve solar access, as
set forth in subsection 1, below, the front, back, and side setbacks of a PAD development shall
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be determined by the underlying zoning district. Side setbacks between buildings shall be
governed by the applicable building code, which may allow party walls.
1. PAD developments may be required to provide additional setbacks where
necessary to provide adequate solar access to adjacent properties
located immediately to the north of the project boundary.
E. Open space/Common Facilities. Projects shall include opens space for residents
consistent with the size and scope of the project area. Open space, such as landscaping,
recreation areas, entryways, commons spaces, bicycle racks, and setback areas shall comprise
not less than five percent (5%) of the project site. Required parking spaces, stairways,
elevators, and hallways shall not be calculated as open space.
F. Stormwater. Projects shall include engineered plans for the detention and
conveyance of reasonably anticipated storm -water attributable to the project. Storm -water
conveyances shall not connect to sanitary sewers.
G. Sidewalks/trails. PAD developments shall incorporate elements to facilitate
pedestrian and bicycle access. Sidewalks are required along all public street frontages. Trails
may be required to connect to existing or planned trail systems or public streets.
H. Parking. Vehicle parking shall be provided at a rate of one (1) off-street space
per studio or single bedroom unit. Units having two or more bedrooms shall have parking of
not less than one and one-half (1.5) spaces per bedroom. Parking areas shall be located within
the perimeter of the building envelope. Hard-scape semi -permeable materials may be used for
parking spaces, where appropriate.
I. Lighting. Adequate lighting must be provided for public spaces and common
areas. Light fixtures shall consist of a full cutoff, fully shielded, downward directed
fixtures. Wall mounted flood lights that direct outward toward other properties and roadways
are prohibited for this function.
J. Manufactured housing. All manufactured housing to be utilized in developments
under this Chapter shall comply with all other provisions of the building code.
K. Culinary Water/Sewer. All dwellings shall be served by municipal culinary water
and sewer service. Fire flows shall be provided and hydrants installed in conformity with
building codes and fire department requirements.
L. Streets. Developments shall provide adequate public street access to each
dwelling. All streets within an application shall be hard surfaced or paved and constructed in
conformity with City design specifications, as determined by Staff. Streets shall include
concrete curb, gutter, and sidewalk, and be configured so as to allow adequate vehicle and
emergency access. Streets shall be designed to promote efficient circulation and connectivity
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to other parcels and the remainder of the City street system. Street signage must be installed
consistent with Staff requirements.
M. Utilities. Applications must include a utility plan showing feasibility and
placement of electrical, telephone, cable, and internet services.
N. Site Specific Elements or Standards. Depending on the scope of the project
area, the City may require that site -specific design elements or standards be incorporated into
an application as needed to address public safety, recreation, construction requirements,
access, connectivity, or future phases of development.
O. Storage. Each dwelling unit shall be provided with separate, lockable storage
space which is proportionate to the size of each unit.
P. All applications shall demonstrate substantial consistency with Advisory
Documents. The land use authority, may deviate from Advisory Documents on a case by case
basis upon a showing of good cause.
17.68.060 Application Review Procedures
A. General Procedures
PAD applicants shall comply with the following review procedures.
1. Pre -application Meeting. A pre -application conference shall be held with
planning staff to discuss the proposed development concept, likely development issues, and the
requirements of this Chapter.
2. Application Submittal/Completeness Review. Upon submittal of an
application and payment of the required fees, City Staff will review the application to
determine if it includes, in form adequate for substantive review, all of the submittal materials
required by this Chapter. If an application is found to be deficient, City Staff will notify the
applicant of the deficiency in writing.
3. Staff Review. In every case the application will be reviewed by the DRT
and review agencies. The DRT may require that the applicant correct errors or incorporate
design changes consistent with applicable codes, design standards, and/or review criteria.
Where an application is substantially incomplete or grossly deficient, the staff may notify the
applicant in writing that the application will not be subject to further review until such time as
the enumerated defects are cured.
4. Planning Commission Review. Preliminary Plat or Preliminary Site Plans
that have completed Staff review will be forwarded to the Planning Commission with a Staff
recommendation. The Planning Commission shall hold a public hearing to review the
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application and receive public comment, and it may: a) approve the application; b) deny the
application; c) approve the application subject to conditions; or d) table the application pending
receipt of additional information.
a. At preliminary plat/plan review the applicant shall demonstrate that the
plat or plan meets all submittal and performance criteria. Final
construction drawings are not required, but all submittals must
demonstrate the feasibility of the final design and conformity with this
Chapter, applicable codes, and design standards.
5. Final Plat/Final Site Plan Review Procedures. When an applicant is ready
to request Final Site Plan or Final Plat approval a Final Plat or Site Plan shall be submitted for
review by Staff. Staff will review the design documents for completeness and verify that they
incorporate changes or conditions required at the preliminary approval stage. Additionally, all
related documents and agreements, including a Subdivision Improvements and Phasing
Agreement, Land Use Restriction Agreement, and Covenants, Conditions & Restrictions (if
applicable), and final construction drawings shall be reviewed and in final form prior to
submittal to the City Council for final approval.
a. Final approval shall be in the form of an ordinance adopted by the City
Council incorporating all of the design drawings, the Final Plat or Final
Plan, the conditions, and all development agreements comprising the
PAD. Final approval is a legislative decision of the City, and constitutes a
site specific development plan for all lands included in the project area.
17.68.070 Submittal Requirements
A. A PAD application must be submitted to the Planning Department on the
approved application form, together with the required review fee. The application must be
signed by the record property owner or, if the applicant is not the owner, the applicant must
deliver proof of approval signed by the owner. Components of the application submittal may
contain multiple plan sets or reports, provided, that they are clear, legible, and successfully
demonstrate the purposes required under this Chapter. Unless waived by the Planning
Director, the application must include four copies and electronic PDF copies of all design
drawings and submittals. The application must include the following:
1. Preliminary Site Plan. Applicants for a PAD rental development shall
submit a preliminary site plan (with requirements as listed below), drawn to a scale of not less
than one -inch equals fifty feet (on paper no larger than twenty-four inches by thirty-six inches)
that shall include:
a. Parcel Boundary Lines. Include all easements, setbacks,
and construction limits of the project area;
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b. Drives, Streets, and Rights -of -Way. Include widths of
pavement, curb and gutter, and dimensions of rights -of -
way;
c. Parking and Loading. The parking plan must include a
count of spaces and details of handicap parking spaces as
well as indicate the location and types of exterior lighting
proposed for the area;
d. Access. Include all points of ingress, egress. For
developments adjacent to and accessed by a state or
federal highway, a completed highway access permit
application from the Utah Department of Transportation
(UDOT) must be submitted with the application, with a
permit issued prior to building permit approval;
e. Refuse Areas. Drawings of the refuse enclosures must be
included;
f. Common Open Space. All open space, common areas,
parks, sidewalks, and trails (with required connectivity)
must be clearly depicted;
g. Topography. All site conditions including terrain contours,
drainage areas, and other physical features on or within
one hundred feet of the site must be shown; existing and
finished grades must be clearly shown in different shades
or contour depictions; all elevations shall be shown in the
most current North American Vertical Datum
(NAVD). Applications may contain this topographic survey
on the site plan or as a separate document.
h. Use Types. Specific areas proposed for specific types of
land use shall be shown, and must include the acreage or
square footage for each area;
i. Public Dedications. Areas proposed for public dedication
(i.e., utility easements, trails, open space, or the like) shall
be depicted;
1•
Lots or Plots. The dimensions and area for each lot or unit
must be shown;
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k. Adjacent Zoning. Zoning for adjacent properties within
three hundred feet of the subject property shall be shown;
I. Fire Hydrants. The locations of all fire hydrants;
m. Title Block. A title block shall appear in the lower right-
hand corner of all pages of plans and plats and shall
contain the name of the development; legal location of the
property; name and contact information of the site
engineer/surveyor; the name of the development; and the
drawing scale and compass point;
n. Vicinity Map. A regional or vicinity map shall accompany
the submitted application to indicate the location of the
project; and
o. Legal Description. The legal description of the project
area.
2. Floor Plan and Elevations. A floor plan, at a minimum, shall consist of a
drawing to scale showing a view from above, of the relationships between rooms,
spaces and other physical features at each floor level of a structure. All dimensions shall
be drawn between the walls to specify room sizes and wall lengths. The floor plan shall
show the physical layout of:
a. Interior walls and hallways;
b. bathrooms;
c. Windows, doors, landings, decks, and patios;
d. Plumbing features such as sinks, showers, bathtubs, HVAC
elements, etc.;
e. Locations of electrical panels and service connections;
f. The planned uses of all buildings and rooms;
g•
All finished first floor elevations;
h. Elevation view drawings shall show all side elevations of
existing and proposed structures, and shall depict exterior
architectural elements and materials, as well as heights of the
structure.
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3. Lighting Plan. The lighting plan shall show number and types of fixtures
for walkways, building exterior lighting, and parking areas. An acceptable lighting plan
shall consist of full cutoff, fully shielded, downward directed lighting types. The plan
shall include manufacturer's information detailing the fixtures to be used. Internal or
external shielding may be used to prevent glare toward other properties or into the
roadway. All lighting shall be the minimum necessary to provide for safety and
functionality and adhere to International Dark -Sky Association (IDA) standards. Wall
mounted flood lights that direct outward toward other properties and roadways are
prohibited.
4. Landscape Plan. The landscape plan shall include size and species of all
plantings, an irrigation plan, xeriscape plan, and a care and maintenance plan. All
applicable code sections of the Moab Municipal Code must be used to develop the
landscape plan, including Chapter 12.24, Tree Stewardship.
5. Wetlands, Riparian Areas, and Floodways. If the development is
adjacent to riparian areas, flood zones, probable wetlands, or areas where stream
channels may be altered by planned development, wetlands, riparian areas, and
floodway plan drawn by an engineer, surveyor, or other appropriate consultant must be
submitted. Probable wetlands shall be described and delineated. All applications shall
show compliance with Chapter 15.40, Flood Damage Prevention. Flood zone boundaries
and the base flood elevation must be shown. Where the application includes areas
which may be subject to flooding the applicant shall show that the elevation of the
lowest floor of all structures exceeds the elevation which is above the base flood
elevation. All elevations on the plan shall be shown in the most current North American
Vertical Datum (NAVD).
6. Storm Water Drainage Plan. A stormwater drainage plan, signed and
stamped by an engineer, shall be submitted and show calculations and other
information specified below. The plan shall comply with the City of Moab/Grand County
Design Criteria for Drainage Studies, as adopted or updated by the City from time to
time. The stormwater drainage plan shall be reviewed for compliance with other
applicable Advisory Documents. The stormwater drainage plan shall include, at a
minimum, the following information:
a. The project site, including areas three hundred feet beyond its
boundaries;
b. Existing contours at two -foot intervals shown as dashed lines;
c. Proposed contours at two -foot intervals shown as solid lines;
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d. Indication of a permanent benchmark referenced to mean sea level;
e. Drainage system shown in plan view with estimated cubic -feet -per -
second flow for a one -hundred -year storm event;
f. Locations of all -natural drainage channels and water bodies;
g•
Existing and proposed drainage easements;
h. Type, size, and location of existing and proposed drainage structures such
as pipes, culverts, inlets, ditches, swales, retention ponds, detention
areas, etc.;
i. One -hundred -year event (base) flood areas;
1•
Additional grading and drainage elements may be required to be
depicted to satisfy Federal Emergency Management Administration
(FEMA) floodplain requirements or other applicable city flood damage
prevention ordinances;
k. Erosion control plans showing adequate sedimentation control which
shall be accomplished throughout construction phases as well as during
the ongoing use of the site (e.g., sedimentation ponds, dikes, seeding,
retaining walls, rip -rap, etc.); and
I. All structures for drainage and flood control shall be designed, at a
minimum, to successfully convey the anticipated one -hundred -year
frequency storm event for maximum period of intensity over the entire
drainage basin. The applicant shall submit calculations to show that all
structures have adequate capacity to accommodate flows expected to
result from the designated storm event.
7. Grading Plan. A grading plan for surface drainage (shown by one (1) foot
contours intervals) and spot elevations) shall be prepared by an engineer or surveyor. It
shall show the planned grading and paving of driveways, access roads, and parking
areas. Grading and paving shall be shown on plans, profiles, cross sections, and details
as necessary to describe new construction. Details of curbs, gutters, sidewalks, drainage
structures, and conveyance systems, dimensions of all improvements, size, location,
thickness, materials, strengths, and necessary reinforcement must be shown.
8. Utility Plan. A utility plan shall be prepared by an engineer. It shall show
the locations, dimensions, and elevations of all sewer facilities and culinary water
facilities needed to serve the site. The utility plan shall specify in reasonable detail the
types of equipment and materials to be used and shall comply with all applicable
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Advisory Documents or City engineering requirements. Plans showing the locations of
natural gas, electric, and telephone/data lines must also be shown.
9. Evidence of Title/Covenants. A current title insurance commitment,
ownership and encumbrance report, or abstract of title prepared by a title insurance
company or attorney showing all ownership interests, easements, and encumbrances
which apply to the parcel(s) comprising the application must be submitted. If
requested, the applicant shall provide copies of all recorded documents which may
affect the property subject to the application. If common elements or private use
restrictions are anticipated, the applicant must submit draft covenants, conditions, and
restrictions (CC&Rs) for review.
10. Slopes. If proposed development is likely to result in the grading of
hillsides, city staff may require submittal of a slope study prepared by an engineer or
surveyor. Applications will also be reviewed for compliance with Chapter 17.55, Hillside
Developments.
11. Surface and Subsurface Soils Report. The application shall include a
surface and subsurface soils report establishing soil suitability for the proposed
development. The report shall be prepared by a geotechnical engineer or other
professional, if approved by city staff. At a minimum, the report shall include:
a. A description of soil types;
b. Locations and characteristics with supporting soil maps;
c. Soil logs of test pits and boreholes;
d. All other information necessary to determine soil suitability for
the scope of the development and constraints on development
based on the findings;
e. Analysis and evaluation of such information with
recommendations regarding structural constraints, erosion
control, and requirements for building design.
12. Traffic Study. A traffic study and parking and circulation study are
required for projects described as follows:
Single Family Housing, 50 units or more;
Apartments or townhouses, 85 units or more;
Mobile home parks, 100 units or more.
a. The Planning Director has discretion to require a traffic study for
applications which do not generate the level of trips specified
where:
i. High traffic volumes on surrounding streets may affect
movement to and from the proposed development;
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ii. There is a lack of existing left turn lanes on streets
adjacent to the proposed access drive;
There are inadequate sight distances at access points; or
iv. Proposed access points are close to other existing drives or
intersections.
13. Street Design Drawings. The application shall include drawings by an
engineer showing the design, grades, widths, and profiles of all streets, sidewalks, curbs,
gutters, traffic control devices, traffic signs, and associated public improvements. All
street designs shall conform to street classifications and design standards adopted by
the City.
B. Additional Submittals --Waiver of Certain Submittals. The Planning Director has
discretion to require other submittals where appropriate for the review of a particular
application. Alternatively, the Planning Director has discretion to waive or modify any
requirement for a particular submittal if it is determined that the document or report is
not necessary, or if an alternate submittal is justified for the review of a particular
application. Any waiver shall be in writing labeled as a submittal waiver, shall identify
the project by name and application number, and shall be signed and dated by the
Planning Director.
C. Conformity with Submittal Standards. All submittals must conform to the land
use submittal standards adopted by the City. Submittals which do not clearly or
accurately depict elements required for review of the project may be rejected, or staff
may require revisions during the review process. (Ord. 17-18 (part), 2017
D. Affordable Housing Development Plan. The Affordable Housing Development
Plan shall contain, at a minimum, the following information:
1. A general description of the development, including whether the
development will contain units/lots for rent or sale;
2. The total number of market -rate units and affordable housing
units and a depiction of where those units will be situated on the
plat/plan;
3. The square footage of each market -rate unit and of each
affordable unit measured from the interior walls of the unit;
4. The estimated sale price or monthly rent for each market -rate
unit or lot and each affordable housing unit;
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5. If construction of dwelling units is to be phased, a phasing plan
stating the number of market -rate and affordable housing units in
each phase; and
6. Statistical information as to the project area, developed area
square footage, open space area, area and number of parking
spaces, and the like shall be included.
7. Affordability calculations and assumptions demonstrating that the
housing will be affordable under current economic conditions.
E. Departmental Standards. All developments pursuant to this Chapter shall
comply with departmental standards published by the City. Do we want to reference
"advisory documents" here?
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17.68.080 Miscellaneous Provisions
A. Variances --Exceptional Conditions. In cases where unusual topographic or other
exceptional conditions would pose a hardship on the applicant, variances from the strict
requirements of this Chapter may be made by the City Council at the time of Final
Plat/Plan review. Staff shall provide a recommendation with respect to the proposed
variance. The City Council may grant a variance, provided that it will not result in
substantial detriment to the public good, and will not substantially impair the intent and
purpose of this Chapter.
B. Accessory Dwelling Units Prohibited. Accessory dwelling units are not
permitted within a PAD development.
C. Vacating or Changing a Subdivision Plat. Any proposed vacation, alteration,
change, or amendment to an approved PAD plat must comply with the notice
requirements of U.C.A. 10-9a-205 and the requirements changes to a platted
subdivision outlined by the U.C.A. 10-9a-608.
D. Decision Matrix. Decisions under this Chapter shall be made by the following:
Application/Action
Advisory
Body
Land
Use Authority
Appeal
Body
Required
Public Hearing
Prelim. Plat/
Prelim. Site Plan
City Staff
Planning
Commission
AA
Yes (PC)
Final Plat/Site Plan
City Staff
City
Council
District
Court
No
Amend Plat*
Planning
Commission
City
Council
District
Court
Yes PC &
CC
Modify Lot Lines
City Staff
City
Council
District
Court
No
* If all owners within the plat sign to permit amendment and the area does not include
vacation of a public right of way, then the City Council may approve the application without a
public hearing.
AA means the Appeal Authority, as specified in MMC 17.72.120
E. Proof of Sewer or Water Availability for Non -City Authorities. Where the City is
not able to provide culinary water or sewer service to a proposed development, the applicant
will be required to provide a current letter from the water or sewer service provider
demonstrating that water and sewer service is available to the subject site.
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17.68.100 Appeal Procedures
A. Any person adversely affected by a preliminary land use decision, including a
decision by the Planning Commission approving or denying a preliminary Plat or Plan, may
appeal that decision to the Appeal Authority, and the appeal shall be governed by the
procedures in MMC § 1.72.120 through 170.
B. Any person adversely affected by a final land use decision of the City Council
under this Chapter may appeal that decision by filing an action in the District Court for Grand
County, Utah.
C. Exhaustion of all administrative remedies shall be required prior to any applicant
seeking judicial review of any final decision pursuant to this Chapter. Failure to exhaust
administrative remedies shall result in the action or suit being dismissed.
D. A judicial action seeking review or appeal of a final decision or action under this
Chapter must be filed no later than thirty (30) calendar days from the date of the decision or
order that is the subject of the appeal.
E. Upon the commencement of a judicial appeal challenging any decision under this
Chapter, the City shall promptly transmit to the district court true and correct copies of all
submittals, testimony, orders, and file documents comprising the record pertaining to the
application, including any transcript or tape recordings of proceedings.
F. There shall be no judicial review of legal claims or points of error which are not
first presented for review or decision to the land use authority.
G. In any review pursuant to this Chapter (whether administrative or judicial), the
reviewing body shall presume the decision made under this Chapter is valid. A final decision of
the City Council shall be affirmed if it is found to be within the scope of legislative discretion.
H. Disputes concerning or arising from administration of this Chapter after final
land use approval, including but not limited to enforcement of the Land Use Restriction
Agreement, affordability controls of this Chapter, or the like, shall be heard by the District
Court, Grand County, Utah.
17.68.110 Development Improvements Agreement
A. The Development Improvements Agreement (DIA) shall be approved by the City
Council at the time of approval of the Final Plat or Final Site Plan. A DIA between the City and
the applicant is required to specify the overall development plan in writing and is a condition
precedent to the commencement of construction. The DIA shall set forth the commitments and
obligations of the City of Moab and the applicant, including, as necessary, a financial assurance
for required public improvements, the applicant's phasing plan, and other details particular to
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the development. The DIA shall be subject to review and approval by the City Council and must
be consistent with all prior approval conditions applicable to the approved plan.
B. The DIA may require that an applicant provide a performance bond, letter of
credit, or other financial assurance to secure completion of required improvements, and/or as a
condition for Final Plat or Final Site Plan approval. The financial assurance shall be provided in
an amount equal to one hundred fifty percent (150%) of the estimated cost of all required
public improvements, including: landscaping; road improvements; pedestrian ways, trails,
sidewalks, curbs, and gutters; street lighting; culinary water lines and fire hydrants; sewer lines
and sewage disposal facilities; and storm -water improvements. City staff shall verify the correct
amount of the financial assurance based upon review of the cost of the required
improvements. Not more than ten percent (10%) of the financial assurance may be held to
secure any warranty claims, as provided in the DIA.
C. With respect to a PAD subdivision, no final plat for the subdivision, or any phase
thereof, and no building permit for construction upon any lot within the subdivision shall be
executed by the City until such time as either: 1) all public improvements are completed in
accordance with the DIA and accepted by the City; or 2) a financial assurance as required by this
Chapter is provided to the City. A Subdivider shall not convey or attempt to convey any lot
prior to the recording of the final plat, and any purported conveyance in violation of this
subsection shall be void.
D. With respect to a PAD rental development, no final site plan for the
development, or any phase thereof, and no building permit for construction of housing units
within the development, shall be executed by the City until such time as either: 1) all public
improvements are completed in accordance with the DIA; or 2) a financial assurance as
required by this Chapter is provided to the City. A Developer shall not convey or attempt to
enter into any lease prior to the execution of the final site plan, and any purported lease or
rental contract entered into in violation of this subsection shall be void.
E. All public improvements shall be warranted against defects in materials
and workmanship for a period of not less than one (1) year from the date of acceptance by the
City. Upon expiration of any warranty period the financial assurance provided by this Section
shall be released.
17.68.120 Affordability Controls
A. Eligibility- General Policy. All affordable housing developed pursuant to this
Chapter, including rental units and units (or lots) for sale, shall be leased or sold to persons who
meet the eligibility requirements of this Chapter. The Developer or Subdivider shall at all times
assure that affordable housing units are transferred to eligible persons, and it shall provide
proof of its compliance with all eligibility and affordability controls to the City or its designated
Monitoring Agency from time to time and/or upon written request. Prospective tenants or
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purchasers of affordable housing shall provide verification of their eligibility to either the
Developer or Subdivider at the time they apply for housing subject to this Chapter.
1. To be eligible to occupy affordable housing under this Chapter the
following criteria must be met:
a. The persons comprising the household must have a combined
household income which does not exceed one hundred percent of
the Grand County, Utah, Area Median Income (AMI), as published
by HUD from time to time.
b. At least one person in the household must be either:
i. employed full time in Grand County;
ii. disabled; or
iii. over 60 years of age and retired from the work
force.
c. All persons occupying affordable housing must utilize the housing
as their sole place of residence. Leasing of sales units, subleasing
or assignment of rental agreements, or overnight lodging uses,
shall not be permitted in PAD developments.
B. Rent Calculation. The Developer offering affordable housing units for lease shall
set the monthly rental rate at an amount (assuming a three -bedroom unit) that does not
exceed thirty percent (30%) of the area median income (AMI) for a Grand County household of
four persons, as adjusted from time to time, divided by twelve (12) months (the Allowed Rental
Rate). Units with greater than or less than (3) bedrooms shall be rented at a rate which is
adjusted proportionately. As an illustration, the allowed monthly rent for an Affordable Unit
based on Grand County AMI of $55,000 would be as follows:[CM1]
3 bedroom: AMI $55,000 x 30% - 12
2 bedroom:
1 bedroom:
= $1,375.00 per month;
= $915.75;
= $457.88.
1. Inflation adjustments in the Allowed Rental Rate shall be made annually,
as of January of each calendar year, and shall be based upon the year to year increase in the
Consumer Price Index (CPI-U), West Region, as published by the United States Department of
Labor, Bureau of Labor Statistics. The City or the Monitoring Agency will publish the inflation
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adjustment and provide same to Developers for purposes of calculating Allowed Rental Rate
increases.
1. Nothing in this Chapter shall preclude a Developer from entering into a
fixed rental rate lease with a tenant who is otherwise compliant with this Chapter at the time of
execution.
C. Sales Eligibility, Additional Requirements. In addition to the general
qualifications set forth in Subsection B, above, persons who purchase affordable housing units
pursuant to this Chapter shall comply with the following criteria at the time of purchase:
1. Total household net assets (asset value after deduction of the value of
any liens -such as a car loan) shall not exceed two times the Original Purchase Price (OPP) of the
housing unit.
D. Sales Price Calculation; Subsequent Sales. The Original Purchase Price for
affordable housing units developed pursuant to this Chapter shall be calculated as follows:
principal, interest, taxes, and insurance (PITO on the unit shall not exceed thirty percent (30%)
of the Grand County AMI for a household of four divided by twelve (12) months. Assumptions
used to calculate the OPP shall be: i) a five percent (5%) down payment; ii) a 30-year mortgage
term; and a mortgage rate equal to the prevailing First Home rate, or its equivalent, of the Utah
Housing Corporation (www.untahhousingcorp.org).
E. Maximum Appreciation. To assure continued affordability, each affordable
housing unit developed under this Chapter shall be subject to a deed restriction, in a form
approved by the City, which caps appreciation which may be earned upon subsequent sale of
the unit. The Maximum Resale Price (MRP) shall be the OPP plus the following:
1. An increase in price of no more than three percent (3%) per year from
the date of purchase to the date of sale, prorated for each month less than a calendar year; and
2. The actual cost of any capital improvements to the unit, including by way
of example: i) the addition of finished living space; ii) remodeling of a kitchen or bath; iii)
replacement of major components such as heating systems, cooling systems, windows, roofing,
siding or the like; provided that the improvements have been permitted and inspected by the
City Building Official. The property owner is responsible for documenting the value of all such
improvements at the time of permitting. In no event shall capital improvements exceed five
percent (5%) of the MRP.
17.68.130 Land Use Restriction Agreement and Covenants
A. At the time of final approval of every PAD, the City and the Developer/Subdivider
shall execute and record in the land records a Land Use Restriction Agreement (LURA)
implementing and providing for enforcement of the affordability controls specified in this
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Chapter. The LURA shall be a deed restriction running with the land, and binding upon the
original grantor, and all successors and assigns in title. The LURA shall provide, at a minimum,
the following:
1. The affordable housing units shall be leased or sold to, and occupied by,
eligible persons;
2. The affordable housing units shall be leased at rent levels affordable to
eligible persons for a period of not less than thirty (30) years from the date of the initial
certificate of occupancy;
3. The affordable housing units shall be sold at sales prices affordable to
eligible persons for a period of not less than thirty (30) years from the date of the initial
certificate of occupancy;
4. Subleasing of PAD rental units or leasing of PAD sales units is prohibited;
5. The number of affordable units shall not be reduced and shall remain at
the originally approved affordability level for a period of not less than thirty (30) years; and
6. Provisions for enforcement and monitoring of the Affordability Controls,
including (as applicable) specific performance, damages, and an award of attorney fees and
costs in the event of a violation.
B. Maintenance. For PAD rental developments the LURA shall contain provisions
providing that the owner shall maintain all units in a safe, sanitary, and functional condition in
accordance with the provisions of the International Property Maintenance Code, as adopted by
the City, or its equivalent.
C. Recording Deed Restrictions. The LURA shall be recorded in the land records
prior to the recording of the Final Plat for a PAD subdivision or prior to the execution of a Final
Site Plan for a PAD rental development.
D. Monitoring. The Developer shall manage and operate all affordable units and
shall submit an annual report to the City of Moab, or its Monitoring Agency, identifying which
units are affordable units in a Planned Affordable Development, the monthly rent for each unit,
vacancy information for each year for the prior year, monthly income for tenants of each
affordable units, and other information as required by the LURA. The annual report shall
contain information sufficient to determine whether tenants are eligible for affordable housing
as provided by this Chapter.
1. A Subdivider marketing affordable units for sale shall submit an annual
report to the City identifying all affordable units sold in the last calendar year, the Original
Purchase Price for each unit, and information sufficient to verify purchaser eligibility, as
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required by the LURA. The annual report shall contain information sufficient to determine
whether home purchasers are eligible for affordable housing as provided by this
Chapter.
2. The City or its Monitoring Agency shall be authorized to audit and review
all Developer and Subdivider records pertaining to housing developed under this Chapter to
verify compliance with this Chapter and all Affordability Controls.
E. Extension of the LURA. The duration of the LURA may be extended for
additional successive ten (10) year terms if the City Council certifies in writing that there is a
continuing need for affordable housing, and that it is reasonable that the affordability controls
continue. In that case the owner and the City shall execute any necessary documents to give
effect to this provision.
F. Covenants. Covenants, conditions, and restrictions (CCRs) for a PAD subdivision
shall be reviewed and subject to approval by the City contemporaneous with final plat
approval. The CCR shall provide mechanisms for enforcement of community rules, collection
of assessments (if applicable), and maintenance of common areas.
17.68.140 Impact Fees
A. In conjunction with final approval of any PAD development the City Council may
waive all or a part of the impact fees which would otherwise be payable for the development.
Any waiver shall be vested in the discretion of the City Council, based on the merits of the
application in attaining the affordability goals of this Chapter.
17.68.150 Enforcement
A. A Developer, Subdivider, or successor in title who fails to comply with the
Development, Improvements Agreement, the LURA, or any other agreements, development
approvals, or provisions of this Chapter shall be issued a notice of violation and informed of the
default under the applicable agreement. Each such person shall be given a reasonable period
of time, not to exceed thirty (30) days, in which to cure any default or breach under the
applicable agreement.
B. Upon declaration of default the City may exercise any remedies for violation
available under City ordinances or Utah statutes, including, without limitation: i) proceeding
against the financial assurance; ii). withholding building permits, certificates of occupancy, or
certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations
or breach of the agreement; iv) recording an affidavit of a lapse of plat/plan, in whole or in part;
v) commencing an action for damages —including, but not limited to, damages for costs
incurred in completing, repairing, or replacing required improvements or abating any violations;
and/or vi) any other remedies available at law or equity, including the remedy of specific
performance. The City may combine remedies in its discretion and pursue some or all at
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different times, as may fit the applicable breach. In any action for injunctive relief the City need
only prove a default or violation under this Chapter, and such relief shall be granted without the
necessity of bond.
C. The recording of an affidavit of lapse of plat/plan by the City shall result in the
lapse of all prior land use approvals and the voiding of the subdivision of lots or the site plan
within the real property specified in the affidavit.
D. With respect to any default under the LURA or any other affordability controls of
this Chapter, in addition to the remedies specified above, the City may obtain restitution or
disgorgement of any proceeds realized by a Subdivider, Developer, or any successor in title
from any leasing, sale, or other disposition of affordable housing units in violation of the
affordability controls of this Chapter. In the alternative, the City may levy liquidated damages
in the amount of five thousand dollars ($5,000.00) per violation.
E. In any enforcement proceedings under this section the City shall be entitled to
recover its reasonable attorney fees and court costs, in addition to any other relief provided.
THIS ORDINANCE was approved and adopted by majority vote of the Moab City Council
on , 2018. This ordinance shall take effect immediately upon passage.
City of Moab:
By:
Emily Niehaus, Mayor
Attest:
By:
Rachel Stenta, Recorder Date
End of Document
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Moab City Council Agenda Item
Meeting Date: July 10, 2018
#: 4-1
Title: Approval of Permits for Moab Rotary April Action Car Show to be held
April 26, 2019 through April 28, 2019 at Swanny City Park.
Date Submitted: May 9, 2018
Staff Presenter: Carmella Galley, Executive Assistant
Attachment(s): Special Event Application
Park Use Application
Estimated Fees
Fee Waiver Request
Fee Waiver Policy
Excerpt of Event Ordinance
Options: Approve, deny, or modify.
Possible Motion: "I move to approve permits for Moab Rotary April Action
Car Show to be held April 26, 2018 through April 28, 2019 at Swanny City
Park with the conditions listed below."
"I move to approve a fee waiver in the amount not to exceed $4735.00 (This
amount excludes the already paid fees for Park Damage and Clean-up and
Event Application Fee), for Moab Rotary April Action Car Show to be held
April 26, 2018 through April 28, 2019 at Swanny City Park with the conditions
listed below."
Background/Summary:
The City Special Events Committee has reviewed the applications for the Use
of City Parks and Special Event Business License for the 2019 April Action Car
Show. We will be attending a pre -event coordination meeting for the event
and are of the opinion that all issues with the event and use of the park will be
adequately addressed. We find that the proposed use of Swanny Park for this
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4-1 Special Events/Permits
event provides clear benefits to the community. The event brings many
visitors to the community and provides an attraction that locals and visitors
enjoy.
Past use of the park had caused issues with some damage to the lawns and
restrooms. The park was left in good condition this most recent event.
The event organizer has requested the restrooms be closed and more port-o-
potties will be added.
It has been suggested by the committee in the past that other venues be
considered for future Car Show events, however the organizers have not
considered that suggestion.
Besides the overall use of the park and surrounding area, city services have
been needed for support including the Police and Public Works Departments.
This coming year (2019) the organizers are not requesting the use of the
Police Department as escorts for their Rod Runs. The fee for Police is still in
the estimated fees for reference.
Directly or indirectly related to this event is the need for more police presence
to monitor other situations that arise throughout the city. Outside entities are
brought in to assist with this need.
Staff Recommended Conditions:
1. The vendor organizer will provide extra port-o-potties due to the
request to close the restrooms at Swanny Park as well as the
increased use the Moab Aquatic and Recreation Center (MRAC).
2. Food vendors will be placed in the parking stalls on the southwest
side of the park off of the grass and not blocking the roadway.
3. Vendor vehicles will not be placed in the red zone on 100 West
Street.
4. The crosswalk on 100 West will not be blocked.
5. There shall be no parking in the red zones on 100 West Street.
6. The event organizer shall procure and place their own barricades.
The City will not place barricades for this event. If signs are stored
with the City, please contact Public Works a week prior to event to
schedule a pickup.
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4-1 Special Events/Permits
7. Signage needs to be provided for, and event staff shall enforce, "no
parking" on Walnut Lane and 200 North.
8. No stakes shall be used for tents or other structures, to avoid
puncturing water lines without prior approval of the Parks
Superintendent.
9. The event organizer shall provide for recycling containers at each
trash can areas, and shall provide and pay for an extra pick-up for
both trash and recycling.
10. The event organizer shall provide dog monitors for the park to
ensure that dogs are not present in the park during the event.
11. No excessive noise before 7:00 am in the area.
12. The Rotary Club of Moab shall meet with City Public Works
Department and other involved departments at least two weeks
prior to the event for final event coordination.
13. Completed vendor list turned into the Treasurer's Office prior to the
event.
The organizers have already submitted payment for the Special Event Permit
and the Parks Clean-up/Damage Deposit has been rolled over from the 2018
event.
Pending council's decision concerning fee waivers, other fees will be remitted,
adjusted or waived.
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4-1 Special Events/Permits
Date Received Application: ' Date Paid
Receipt Number. .7."-) 7 Amount Paid:
SPECIAL EVENT PERMIT
APPLICATION
CITY OF MOAB
y00.t=�
CaTY Of
M ®Af►B
City of Moab Special Events Phone: 435-259-5121
217 East Center Street E-mail:
Moab, UT 84532 events@moabcity.org
APPROVALS:
City:
Date:
Fire: Date:
Conditions of approv-al:
Other Staff Approval:
Date
TYPE OF ACTIVITY check all that apply: ❑ Cycling ❑ 5K ❑ Training Event ❑ Festival
❑ Film Production ❑ Parade ❑ Sporting ❑ 1 OK ❑ Block Party ❑ Religious
❑ Outdoors Sales ❑ Fun Run ❑ Dance Other Car Show
Please print or type
EVENT NAME: Moar Rotary Club April Action Car Show
I. Location of Event: Swanny Park
2. Location of Event:
3. Name of Organization: Rotary Club of Moab
4. Date (s) of Event:
April 26, 27&28, 2019
Start Date: 4-26-2019 Start Time: 9 AM
5. EVENT DETAILS
Event Location 1
Date(s): 4-26 thru 28 2019
Start time: gam
End time: 5pm
Set-up
Date(s): y -21
Start time: (; A , vv, ,
End time: 4-4 V yrvN -
Clean-up
Date(s): 1.-1 _Z 1
Start time: y V yeti.
End time: `-7j -17 llvN—
Event Location 2
Date(s):
Start time:
End time:
Set-up
Date(s):
Start time:
End time:
Clean-up
Date(s):
Start time:
End time:
Is this a recurring event9
If yes; daily, weeldy or other?
Is this an Annual Event? yes
If yes; same date and place? yes
5. PARTICIPANTS
Number of participants expected:
Number of Volunteers/Event Staff:
® Open to the Public
❑ Private Group/Party
If event is open to the public, is it.- ❑ Entrance Fee/Ticketed IN Fee for Participants/
Event? Racers/Runners Only
2
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4-1 Special Events/Permits
6. APPLICANT INFORMATION
Name of Applicant: Rotary Club of Moab
Address: 301 S 400 E Ste 203, Moab, UT 84532
Day Phone: CelUOther: 435-260-1968
Mailing Address (if different):
E-Mail: dave @moabrealyt.com
Event Web Address (if applicable): http://moabcarshow.org/
Alternate Contact For Event: Cell Phone/Other:
Cell/other: E-mail:
3
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4-1 Special Events/Permits
7. VENDORS/FOOD/ALCOHOL check all that apply
Vendors/Merchants Are Vendors Merchants Selling Products or Services? Yes X No
If yes, Temporary Sales Tax Numbers are required from State Special Event Tax Division 801-297-6303
Is Food available at the event X I Yes U No
Is the food (please check all that apply)
Given away Catered by restaurants/Vendors Prepared on site X
Events which have Food available must contact the SE Utah Health Dept., for approval 435-259-5602
I Alcoholic Beverages will be available at the event I IYes KI No
Please check applicable
Beer Stands Fenced in Beer Garden
Selling, Serving, Giving Away, Alcohol at an event requires City Council, City Business License and State
Of Utah Department of Alcoholic Beverage Licensing for state approval 801-977-6800
8. TENTS/STAGES/STRUCTURES (include details on site map)
❑ Tents/Pop-up Canopies ❑ Yes ® No How many Tents/Pop-up Canopies will be used for the event?
Dimensions of Tents/Pop-up Canopies:
All Enclosed Tents and Pop-up Canopies require inspections from the Moab Valley Fire Department 435-259-5557 and can not be staked into the ground.
❑ Temporary Stage Dimensions:
Description of Tents/Canopies/Staee, etc.:
9. SITE SETUP/SOUND check all that apply (please fnchtde details on site map)
Fencing/Scattoldrng (must obtain privately)
X Barricades (must obtain privately)
X Portable Sanitary Units (must obtain privately)
X Music ifyes, check all that apply 1 Acoustic pq Amplified
X FA/Audio System Type/Description: •
Fireworks / Fire Performances / Open Flame 1 Requires approval from Moab Valley Fire Dept. (435) 259-5557
Propane/Gas On site Requires approval from Moab Valley Fire Dept. (435) 259-5557
X Trash/Recycle Bin coordination On Site Monument Waste (435) 259-6314 Green Solutions (435) 259-1088
/0. ROAD & SIDEWALK USE please include details on site map
❑ Will Roads & Sidewalks Be Used? ❑ Yes ❑ No
❑ Are you requesting Road Closures? ❑ Yes ❑ No
An Encroachment Permit is required for Road Closures and Sidewalk Use. To obtain the permit, please contact
Moab City Public Works Dept., 435-259-7485.
Ef Road Use and Closure Location: 100 W & Park Ave
U Sidewalk Use Location:
U Parade Location:
U Will stay on sidewalks and
follow pedestrian laws
Number of Floats:
H. Application fee is based on attendance as followed:
(Other fees may apply after review by Events Committee)
❑ $200.00 for attendance under 300
$400.00 for attendance over 300
Total: $
►/
By submitting a signed application, the applicant certifies that falsifying any information rh's application constitutes cause for rejection or
revocation of the Permit.
Dave Bierschied
Print Applicant's Name
pplicants Signature
-/V
Date
4
Page 35 of 80
4-1 Special Events/Permits
N.
EVENT DESCRIPTION
PLEASE DESCRIBE YOUR EVENT IN DETAIL ADD ANY ADDITIONAL INFORMATION OR PAGES
• Please be sure to include any elements of your event that will help with the approval of the event.
This is an annual car show in its 27th year. 400-500 cars are parked in Swanny Park and spectators are
allowed in free of charge to view cars.
Registration stars on Friday at 9am and goes to 5pm. Actual car show set up and event starts at lam
on Satruday and ends at 4pm. There is an awards show on Sunday at 9 am to 10 am. Inspection with
City officials following end of awards ceremony Sunday at LOAM.
Rotary and Moab City Police work together to assure traffic safety during the event. Rotary places
porta potties around the park along with several extra trash containers. Rotarians empty trash and make
sure City bathrooms have toilet paper.
Rotarians have visited with several local businesses and they have reported the largest cash deposits
for a weekend in Moab's history.
100% of the money raised form Car Show goes back into the community. Including substantial funding to
their partner The Moab Free Health Clinic. Four $2,000 scholarships for local college students.
Support of the Moab Multi -cultural Center, Seek Haven Family Shelter and many other community
evPntc
s
Page 36 of 80
4-1 Special Events/Permits
Oe L£ abed
54.ivaJad/54.uan3 lopads i--17
SPECIAL BUSINESS EVENT LIST OF VENDORS
(MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT)
5.09.030 Sales Tax Collection.
A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all
vendors either:
1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or
2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the
licensee's sales tax license.
NAME OF EVENT:
DATE(S) OF EVENT:
BUSINESS NAME
OWNER'S NAME, ADDRESS, PHONE#
ITEMS TO BE SOLD
TEMPORARY SALES TAX
LICENSE NOJSALES TAX
ID
09/08/03
Q 011A y
HEALTH
DEPARTMENT 1
Price: Tel: 435.637.3671
Moab: Tel: 435.259.5602
http:!/www.seuhealth.com
Special Event Name: Rotary Club of Moab April Action Car Show
Primary Contact: Dave Bierschied
Secondary Contact:
Dates of Operation:
Jim Mattingly
April 27, 2019
Phone:
Phone:
435-260-1968
435-260-1104
Location:
Swanny Park
Email:
dave@moabrealty.com
SPECIAL EVENT FOOD SERVICE PERMIT APPLICATION
The Southeastern Utah Health Department has adopted by reference the current State of Utah, Department of
Health, Food Service Sanitation Rule R392-100.
The Health Department requires that the special event be responsible for ensuring compliance by food vendors.
The Health Department requires that every food booth/truck have at least one person with a valid Food Handlers
certificate present during all hours of operation.
The Food Service Sanitation Rule requires all food booths to be available for inspection during all hours of
operation by the health department.
One to Three Day Events
Number of Food Vendors Event Plans to Have: TBD $20.00
Greater than Three Day Events
Number of Food Vendors Event Plans to Have: X $50.00
Make Checks Payable to SEUHD
Carbon or Emery County Events Mail to: P.O. BOX 800, Price Utah, 84501
Grand County Events Mail to: 575 S. Kane Creek Blvd., Moab Utah, 84532
r1111r1M
MUM
EVENT MUST PROVIDE A LIST OF VENDORS AND THEIR CONTACT INFORMATION
AS WELL AS THEIR MENU ONE WEEK PRIOR TO THE FIRST DAY OF THE EVENT
Signature:
Date: 5 — i
Page 38 of 80
4-1 Special Events/Permits
SWc7/7/7yParlr
BARACADES
400North Street
a
CARS IN PARK LINED UP IN ROWS
PORTA POTTIES
To Main St.
One Block
BARACADES
o--a
BARACADES
Page 39 of 80
4-1 Special Events/Permits
Moab City Corporation
217 East Center Street
Moab, Ut 84532
435.259.5123
Receipt No: 227757
Receipt Date: 05/09/2018
Timestamp: 05/09/2018 09:09 AM
Payor: MOAB ROTARY CLUB
CAR SHOW SPECIAL EVENT FEE
1032160 FLAT BUSINESS LICENSES
400.00
$400.00
Check 1264 $400.00
Tendered Amount:
Cash Back:
Total Applied:
Page 40 of 80
$400.00
$0.00
$400.00
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 Events Coordinator's office at not less then 60 (sixty) days
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 fees, provided for in the Schedule of Fees.
PLEASE PRINT OR FILL ELECTRONICALLY
Applicant Information
Name of Person Responsible for Use of Park: Dave Bierschied
Name of Organization and Event if applicable: Rotary Club of Moab
Address: 301 S 400 E Ste 201
Day Phone: 4325-260-1968
Email: dave@moabrealtv.com
Proposed Park Usage Information
Which park to you intend to use? Swanny Park: X Other (please indicate name of park.
Please indicate the proposed dates and times of use:
Proposed Start Date: 4-26-2019 Start Time: gam am/pm End Time' 5 pm am/pm
Proposed End Date: 4-28-2019 Start Time: gam am/pm End Time: llam am/pm
Please specify what areas of the park are proposed for use•
Whole Park
Whole Park. We will be doing registration on the
26 starting at 9AM. On the 27th we will start set
up at Gam with cleanup at 4pm-5pm
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: 900 Number of spectators that you expect: 3000+
Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park:
We will provide portable restrooms in several locations. (per map) We provide additional trash containers
Will amplification be required for your event? Yes X No
Please specify any electrical needs for your event:
Power along the east street. We provide generators for west side
of park.
Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control
devices, use of volunteers, etc. should be described.
Parking is provided by school and churches north of park. Big fund raisers for these organizations. Boston trip for school. Another
benefit to the community.
If you anticipate any street closures for your event, please describe below, and show on the accompanying
diagram.
We will close off east, west and south sides of park to through traffic. Map included in event application.
PLEASE COMPLETE OTHER SIDE
Page 41 of 80
4-1 Special Events/Permits
(except on Saturday)
Do you intend for the park to be open to the public during your event? Yes X No
Do you intend to serve/sell alcohol (if so, additional requirements and fees apply) Yes No
For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No
X
Please describe any security or crowd control measures you plan for use of the park:
We use our volunteers to do crowd control. We will not be asking the City Police to be involved this year and will work with our
members to run escorts for our rod runs.
For groups over 100 people, please describe your refuse control and recycling plan:
Please see our event application and map.
Please describe your clean-up plan during and after the event:
We have several volunteers who collect garbage during the event and do a complete cleanup of park after event.
Please describe your restroom facility plan:
Please see our application, We provide portable toilets.
Other information
-wwwwwinimi
Please describe how your organization, your event, and/or your use of the park will provide broad -based
benefits to the community: I have included this information in my event application. But Rotary gives 4 scholarships($8,000). funding
to the Moab Free Health Clinic $15,000 to $20,000) Support Multi -cultural center and Seek Haven. Provide BBQ's for Seniors and 6th
graders graduation. Every Grand County 3rd grader has received a dictionary from our local club. These are just a few of the service
plujec..L� we due dliliUdll y. 1Qo7o U� VUf lac uc.eeJs gu 6dc,R illLu Lfle WlllnrUnily. All ui Wuritez s-are-vcn4�TI eTS. Tf ii� i� dllrgedly ilae Idrgest
income producing event weekend in Moab.
Please specify and describe other community or city facilities that you plan to use:
N/A
Have you applied for a Special Event Permit for this use? Yes
X
No
Will you be able to provide proof of insurance, showing the City as an additional insured? Yes
X
No-
I certify that the information contained in this application is true and correct. I agree to abide by the City of
Moab Parks Policies and any conditions attached to this permit.
Signature of Contact Person.
Date: Ce• S `
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
Page 42 of 80
4-1 Special Events/Permits
April Action Car Show Fees
2019
$ 5,435.00
Actual/ Paid
$ 700.00
Estimated
Actual
Full Day-2 @$475/day
Half Day-1 @$105/day
Damage/Clean-up Dep.
$950.00
$105.00
$300.00
$300.00
Special Event Permit
Estimated Actual
>200 People
$400.00 $400.00
Total $1,355.00 $300.00 Total $400.00 $400.00
Personnel Estimated
Police (Run Escorts) $2,700.00
Parks $520.00
Streets $ 360.00
Total
$3,580.00 $0.00
Paper supplies
Police Trailer Use
Barricades, cones, etc.
$100.00
Total $100.00 $0.00
Page 43 of 80
June 6,2018
Dear City Council,
am submitting our application for the 27`h Annual April Action Car Show. I have to say I was
surprised to see the increase in fees this year. While I understand that events tax the City's
resources I feel our event has positive effects that other events may not have.
First and foremost Rotary International Foundation is one of the largest and most effective
foundations in the world with well over 90% of monies going towards helping humanity throughout
the world. It is one if not the only International Service organizations with Clubs in most every
country. Rotary International is a totally non -religious and non -political organization. We are the
only world organization that could eradicate polio and are 2 countries away from accomplishing this
amazing feat, saving millions of lives. Along with Gates Foundation, we plan on raising hundreds of
millions of dollars to make sure polio is truly eliminated. Just to put this into perspective we have
had to immunize every child born on earth to accomplish our goal. We take it for granted that
everyone in America will be immunized. Imagine going into worn torn, 3'd world countries and
convincing each and every citizen to believe in what we are doing and let us immunize their
children. This is simply amazing.
Locally we have done some pretty amazing things throughout or existence. Rotary Park, the Skate
Park and just a couple of years ago we helped facilitate the purchase of the Moab Free Health
Clinic's present building. We have contributed close to $150,000 towards the purchase and
operations of the clinic. Most of the proceeds from the car show go towards the operations of the
clinic. Moab Rotary Club is active at the state level and has brought several medical staff to the clinic
as volunteers. The Utah State Governor (president) elect and upcoming Governor elect are
nationally recognized doctors and philanthropists, with ties to Moab and the Free Health Clinic.
Our partnership with the Moab Free Health clinic is an integral part of its present success.
We support many other organizations including the Multicultural Center, Seekhaven, Grand County
Schools and many other community organizations. We spend countless volunteer hours to raise
money and work in kind to make Moab a better place. As I stated earlier in my letter we put 100% of
our fundraising back into the community.
I would be willing to discuss Rotary International with all of the Council members. I think you would
find that Rotary is one of the most efficient and amazing service organizations not only locally but
throughout the world.
With all that said I once again am asking that Moab Rotary Clubs event fees be waived and request
that I have some time in your City Council meeting to discuss my request. Doing so will allow us to
put those saving directly back into the Moab Community. We are told this event may be the biggest
income weekends for the local businesses.
Respectively,
Dave Bierschied, President Elect
Event Coordinator
Moab Rotary Club
Page 44 of 80
4-1 Special Events/Permits
Moab City Council Agenda Item
Meeting Date:
#: 4-2
Title: Approval of a Special Event License for the Moab Pride Festival and
Visibility March to be held at Swanny City Park and portions of the City streets
for the March on Saturday, September 29, 2018.
Date Submitted: March 22, 2018
Staff Presenter: Carmella Galley
Attachment(s): Special Event Application
Special Use of Park Application
Fee Estimate Sheet
Fee Waiver Request
Fee Waiver Policy
Options: Approve, deny, or modify.
Possible Motions: "I move to approve the required permit for the Moab Pride
March and Moab Pride Festival to be held on September 29, 2018, with staff
recommended conditions."
"I move to approve the fee waiver request in an amount not to exceed
$1415.00, (Damage and Clean-up Deposit of $300.00 not included in this
amount) for the Moab Pride March and Moab Pride Festival to be held on
September 29, 2018.
Background/Summary:
This event is an established, annual community event. The event will be held
at Swanny City Park. The festival will set up at the park at 8:00 am and be
cleaned up by 6:00 pm. The march will follow the same route as last year and
will start at 12:00 pm. The applicant has provided information about the Pride
Festival's providing benefits to the community as well as a fee waiver request.
Page 45 of 80
4-2 Special Events/Permits
Staff Recommendation: The Special Events Committee has reviewed the
application and conferred with the organizers and feels the following items
have been addressed:
1. The Police Department has specifically requested that there be no
stalling or purposefully holding up traffic while crossing Main Street.
2. The event organizer will coordinate with the Police Department on
specific traffic control needs.
3. A UDOT Permit is required for the stopping of traffic on Main Street. The
organizer is in the process of obtaining one.
4. The event organizer will provide a list of event vendors to the City prior
to the event, and an updated list after the event.
5. The event organizer will provide replenishment of restroom supplies
throughout the event.
6. The event organizer will provide for event clean-up and recycling by
contacting Monument Waste and Green Solutions for an extra pick-up to
be paid by the event.
7. The Parks Department requires pop-up tents to be anchored down
without the use of stakes.
8. The organizers will need to coordinate with the Health Department on
vendors providing food.
9. If a fee waiver is approved staff, would like to recommend the $300
Park Damage and Clean-up fee not be waived. This is a deposit and will
be returned following inspection and all is deemed right with the park.
Page 46 of 80
4-2 Special Events/Permits
Date Received Application: 542/1$ Date Pa Id
Receipt Number. Amount Paid:
SPECIAL EVENT PERMIT
APPLICATION
CITY OF MOAB
City of Moab Special Events
217 East Center Street
Moab, UT 84532
C IT OF
MoAB
uTAH
Phone: 435-259-5121
E-mail:
events@moabcity.org
APPROVALS:
City:
Date:
Fire: Date:
Conditions of approval:
Other Staff Approval:
Date
TYPE OF ACTIVITY check all that apply: ❑
❑ Film Production Y1: Parade ❑
,z Outdoors Sale�� eS ❑ Fun Run ❑
Please print or type
EVENT NAME: 026/5 A?°716
Cycling ❑ 5K ❑ Training Event Festival
Sporting ❑ 1 OK ❑ Block Party Religious
Dance ❑ Other
PRIDE �5�/ 1/A#-L
1. Location of Event:
2. Location of Event:
P'a 4Z /1/2otz�, 1 ,--
�,e5� c ✓a..Q
57,4127-at 51.vci-or7y Gsy Paik- nova sktoyf pz)-� �
1 r 5 c la a cizj
3. Name of Organization: //4Q‘24--7 Prt
4. Date (s) of Event: sat. , 5e-p 2gt zo e Start Date: Sajne Start Time:
5. EVENT DETAILS
e
Event Location 1 .reDate{s):
Gl '29
Start time:/f : 30
End time:
Set-up
p/S
Date(s): 9'z9 �G
a
Start time: p • 0 0 an')
End time: » ' pc) L4'1'7
Clean-up
Date(s):
Start time:
End time:
Event Location 2 /pate
s•): 9-Z9-e
Start time: /f i�tiKEnd
time: /2= .30P,7-7
Set-up gii-hei"
Date(s): q-,2e) e
Start time: %I - 30arr9
End time: A 00/7
.e,iice at
Clean-up pa iX
Date(s): 9'2e9 I S
Start time: a 319
End time:
Is this a recurring event?
If yes; daily, weekly or other?
Is this an Annual Event?
YEs
5. PARTICIPANTS
Number of participants expected:
1,1-D o
If yes; same date and place? fast sajue- cat
y calm 0 L/
Number of Volunteers/Event Staff:
Open to the Public
❑ Private Group/Party
If event is open to the public, is it: ❑ Entrance Fee/Ticketed
Event?
n Fee for Participants/
Racers/Runners Only
Page /17 of 8
4-2 Special Events/Permits
6. APPLICANT INFORMATION
Name of Applicant: ,4 a.Kc-y I i 1( /I40Gt-6 PK ide
Address: 00,x .23 (p � �15 5 . /Pa c:47 �j
Day Phone: Cell/Other:1-05-`21.00 r �73 -Mail: i'Y)��Or�-KC-1
9-W424 cam,
Mailing Address (if different):
Event Web Address (if applicable):
Alternate Contact For Event: eaLL: 6u-e'`r7Q al -- C'eil Phone/Other: c,1-10/— 9, 3- 7785-
Cell/other:
E-mail: eali hatmash � �Gi�t.r Ler)1
Page 48 of 80
4-2 Special Events/Permits
7. VENDORS/FOOD/ALCOHOL check all that apply
Vendors/Merchants Are Vendors Merchants Selling Products or Services No
If yes, Temporary Sales Tax Numbers are required from State Special Event Tax Division 801-297-6303
Is Food available at the event Yes U No
Is the food (please check all that apply)
Given away ✓Catered by restaurantsNendors V.Prepared on site
Events which have Food available must contact the SE Utah Health Dept., for approval 435-259-5602
IAlcoholic Beverages will be available at the event I I YesX No
Please check applicable
Beer Stands Fenced in Beer Garden
Selling, Serving, Giving Away, Alcohol at an event requires City Council, City Business License and State
Of Utah Department of Alcoholic Beverage Licensing for state approval 801-977-6800
S. TENTS/STAGES/STRUCTURES (include details on site map)
X1 Tents/Pop-up Canopies jgYes ❑ No How many Tents/Pop-up Canopies will be used for the event?
r
Dimensions of Tents/Pop-up Canopies: Q x rQ
All Enclosed Tents and Pop-up Canopies require inspections from the Moab Valley Fire Department 435-259-5557 and can not be staked into the ground.
�Nr Temporary Stage Dimensions 0• 1x,20
Description of Tents/Canopies/Stage, etc.:
9. SITE SETUP/SOUND check all that apply (please include details on site map)
Fencing/Scaffolding (must obtain privately)
Barricades (must obtain privately)
Portable Sanitary Units (must obtain privately)
Music dyes, check all that apply 1>f Acoustic ,1)1. Amplified
VPA/Audio System Type/Description: L.4-t-vple.-
Fireworks 1 Fire Performances / Open Flame Requires approval from Moab Valley Fire Dept. (435) 259-5557
j/ Propane/Gas On site -FDost vertizir, Requires approval from Moab Valley Fire Dept. (435) 259-5557
v%Trash/Recycle Bin coordination On Site Monument Waste (435) 259-6314 Green Solutions (435) 259-1088
10. ROAD & SIDEWALK USE please include details on site map
❑ Will Roads & Sidewalks Be Used? "0 Yes ❑ No
❑ Are you requesting Road Closures? ❑ Yes 0,1sio
An Encroachment Permit is required for Road Closures and Sidewalk Use. To obtain the permit, please contact
Moab City Public Works Dept., 435-259-7485.
U Road Use and Closure Location:
U Sidewalk Use Location:
Parade
U Will stay on sidewalks and
follow pedestrian laws
Location: see cc-t--a hPcP ►-oi„, ,-1--e_ Number of Floats: Wifek.i.i\63
11. Application fee is based on attendance as followed:
(Other fees may apply after review by Events Committee)
❑ $200.00 for attendance under 300
❑ S400.00 for attendance over 300
Total: $ 400 VU D Le.44 I (Ike 0_024 `I-v- a -ree 1-0a civet .
By submitting a signed application, the applicant certifies that falsifying any information on this application constitutes cause for rejection or
revocation of the Permit. /1/1oalPKA`--LL'
-6-/ 7.3120 6 Print A is 's Nam Applicants Sig / Date
Page 49 of 80
4-2 Special Events/Permits
EVENT DESCRIPTION
PLEASE DESCRIBE YOUR EVENT IN DETAIL ADD ANY ADDITIONAL INFORMATION OR PAGES
• Please be same to include any elements of your event that will help with the approval of the event.
i-rva k3 Prise c c iLi spo-y2 d-s mcebb
oy? Sal-u-rday 5-e-p-ery7be_- 2 ; 2018 .
See
Gt.0_,sc.ftftio) .
Page 50 of 80
4-2 Special Events/Permits
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 Events Coordinator's office at not less then 60 (sixty) days
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 fees, provided for in the Schedule of Fees.
PLEASE PRINT OR FILL ELECTRONICALLY
Applicant Information
Name of Person Responsible for Use of Park: .1/ il� 4 math pm., C/r7 �ZL/me�
Name of Organization and Event if applicable: /1/10 Pride -
Address: 37,5 Sp• /i/14'I/1/
Day Phone: `f3S `-� bO' ��.�g Email: '7 7624—
Proposed Park Usage Information .
11.1111111.111.111111111.1.1.17
Which park to you intend to use? Swanny Park. X Other (please indicate name of park.
Please indicate the proposed dates and times of use:
Proposed Start Date- 9'ac/-iS Start Time: oo m End Time. am/pm
Proposed End Date: �'� �8 Start Time: am/pm End Time. 6 00 am/�ir
et
Please specify what areas of the park are proposed for use �Qh �� �Z' V ��
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 expecty�U ✓Er' �A,$
Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park:
Vor)d -b{ -Wi lect,r--)--at4e
Will amplification be required for your event? Yes X No
Please specify any electrical needs for your event: e1 eCtr/C chi! � S �e'�r�rS
Please describe the parking and traffic plan for your dvent. Location of parking, signage, traffic control
devices, use of volunteers, etc. should be described.
-Pa/I k.c 7 arovya 9-1)e Park • H -a.x) no-ver ;s51-Le beer-.
If you anticipate any street closures for your event, please describe below, and show on the accompanying
diagram.
Af0 6-fre0- Poi r'ce �5C-0v-1 r a.66-f-� --sy 145 �
/Aarc.7 Parade .
PLEASE COMP$ieTE OTHER SIDE " '
4-2 Special Events/Permits
Do you intend for the park to be open to the public during your event? Yes x No
Do you intend to serve/sell alcohol (if so, additional requirements and fees apply) Yes No X
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:
770— a-/ ?vu-
For groups over 100 people, please describe your refuse control and recycling plan:
hri-115 C.r4 addc:1-ion eJ ��c y�(� C_.-6Yof`a
Please describe your clean-up plan during and after the event:
1/5. ry-G f �-r �'' Y - "01.rle a_eyryle-e--6, 0-Leaf-Led �
Please describe your restroom facility plan:
lid ci-r oyzaL.2 ��� - v �'y d- ► )C01il/.te f /ark. bay-Arvpyvu—
Imimaimaiiiiiiiiiimii,
Other Information - - -
Please describe how your organization, your event, and/or your use of the park will provide broad -based
benefits to the community:
•
�r .41 paw rcd.e 2str�la.Q �P '�c t-Ps a u,Aey3d7i 6.064,4,6a6 Dyt,ij),( c.vd
/6,767, d (5ta_ey/yevzi-.�
Please specify and describe other community or city facilities that you plan to use:
po55,1,-)ti 44-4--/`C rbe-� y ,-Lead �y
Have you applied for a Special Event Permit for this use? Yes X No
Will you be able to provide proof of insurance, showing the City as an additional insured? Yes X No
I certify that the information contained in this application is true and correct. I agree to abide by the City of
Moab Parks Policies and any conditions attached to this permit.
/
Signature of Contact Person: ` /(/ 7G
Date: 3/1709
Office Use Only
Public Works Review: Police Department Review: Administrative Review.
Park Use Fee: Date Fee Paid: Date of City Council Approval:
Insurance Received: Final Set up Diagram Received.
Special Conditions or Requirements:
Other Required Permits and Approvals
Page 52 of 80
4-2 Special Events/Permits
3-20-18
Moab Pride events will take place between Thursday, September 27tn and Saturday, September
29tn 2018, at various venues in Moab. The Moab Pride Festival and Visibility March will take
place on Saturday, September 29, 2018, at Moab City's Swanny City Park, starting at noon.
(See map of "parade" route.)
Once again, the Moab Pride Festival mission: Promote Queer visibility and safe spaces through
creative and accessible LGBTQIA programming while creating a community of acceptance and
one that values diversity and equality. Moab Pride is operating as a 501c3 not -for -profit under
the Moab Arts Council.
Moab Pride is dedicated to supporting Moab's LGBTQIA community the best way it knows how:
through poetry, music, dance, art, and community, while partnering with local organizations to
provide support and resources, particularly for Moab's adolescent population. Programs are
inclusive and creative, with intentions of cultivating safe spaces for those who may feel hesitant
to explore their LGBTQIA identity, while celebrating diversity and engaging friends and allies as
well.
The Moab Pride Festival includes entertainment, local food vendors, informational booths, some
retail booths, as well as workshops from 11:30-5:30. Though all are welcome, Moab Pride's
goal is to keep this event as "local" as possible, celebrating our diverse population, while
recognizing the value of the individual and his/her contribution to our community. We have no
aspirations to capitalize on Moab's visitors, or make money. We would greatly appreciate the
consideration of waiving any fees associated with using the Park and city services.
We recognize the concerns of the neighboring residents to Swanny Park and believe that the
Moab Pride Festival is one of the least invasive events to take place at the park each year, with
lower attendance numbers, and most of the activities taking place from the middle of the park
towards 100 West. We respect their concerns and will work with the residents to create a win -
win situation for all.
We appreciate Moab City's support of Moab Pride in the past and consider this relationship vital
to sustaining the Festival and ongoing programming throughout the year. Thank you for
championing diversity, inclusivity, equality, and acceptance in Moab.
Page 53 of 80
4-2 Special Events/Permits
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Page 54 of 80
4-2 Special Events/Permits
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Page 55 of 80
4-2 Special Events/Permits
Moab Pride 2018 Fees 2018
$1,71 5.00
Actual
#REF!
Estimated Actual
Full Day- 1/4 of Park
Damage/Clean-up Dep.
Total
$105.00
$300.00
$405.00
Special Event Permit
Estimated Actual
>200 People $400.00
$0.00 Total $400.00 $0.00
Personnel Estimated Actual
Police (Visibility March) $780.00
3 Police Officers/Vehicles
One hour need with four
hour minimum
Parks
2 OT hours -Set-up and
Clean un
$1 30.00
Total $910.00 $0.00
Total $0.00 $0.00
Page 56 of 80
City of Moab
City Council Policy
Regarding the Consideration of Fee Waiver Requests
It is the general policy of the Moab City Council to not consider requests for fee waivers for city
programs, services, permits and licenses. Further, the City Council has determined that exceptions
to this general policy may be made at the sole discretion of the City Council, subject to certain
conditions, as follows:
1. Requests for an exception to the fee waiver policy shall be made in writing at one month
prior to the event or service for which the fee is charged. Such requests shall be submitted
to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and
the request will be considered as a request for a refund rather than a waiver.
2. The following fees are not subject to an exception under this policy:
a. Fees related to public works, including but not limited to water and sewer fees,
water and sewer impact fees, storm water drainage fees and solid waste fees.
b. Fees related to planning and zoning, including but not limited to subdivision fees,
annexation fees and permit fees.
c. Fees related to recreation programs and services.
d. Fees related to law enforcement, with the exception of traffic control and security
fees associated with a special event.
e. Fees related to alcohol.
f. Other fees not provided for in this policy.
3. The City Council may consider an exception to the fee waiver policy for special -event -
related fees, including special event permit fees, special event business license fees, park
use permit fees, banner fees, and traffic control fees and security fees, if the organization
requesting the exception meets at least one of the following criteria:
a. The event, as its main function, is a fundraiser for a charitable organization that
provides services to Moab residents.
b. The organization sponsoring the event has in the past made and commits to
continue to make in the future, a financial donation to the City that covers all or a
portion of the costs associated with the event for which the organization is seeking
an exception.
c. The event organizer is a governmental entity.
d. The event's primary purpose is to provide a school program or to benefit a school or
school program.
e. The primary purpose of the event is to provide a community -wide celebration or
program that is offered free of charge to community members.
f. The event is one that has been provided by the City in the past.
4. The City Council may consider an exception to the fee waiver policy for building permit
fees only for requests made by Grand County or the City of Moab for county or city -owned
facilities.
Page 57 of 80
Moab City Council Agenda Item
Meeting Date: July 10, 2018
#: 5-1
Title: Approval of Proposed Resolution #30-2018- A Resolution of the
Governing Body Declaring Certain City Property as Surplus
Date Submitted: June 25, 2018
Staff Presenter: Carmella Galley
Attachment(s): Proposed Resolution
Surplus Property List
Options: Approve, deny, or modify.
Recommended Motion: I move to approve Resolution #30-2018- A
Resolution of the Governing Body Declaring Certain City Property as Surplus.
Background/Summary:
Since the last auction, the City has accumulated more surplus equipment
through the scheduled replacement and repair of worn, broken or outdated
equipment. Disposal of this equipment is needed to free up space for new
items. Attached is a resolution and equipment list for council to review. Once
the property is declared surplus by City Council we can proceed with the
auction process. We will be utilizing a state contract provider of auction
services who will conduct an online auction for the city, saving numerous staff
hours and expense and broadening the potential market for sales. Equipment
will be auctioned on the internet, from Moab and pickup/delivery will be the
responsibility of the purchaser. The auction will be advertised locally as well
as on our website and the auction website.
Page 58 of 80
5-1 New Business
RESOLUTION #30-2018
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB
DECLARING CERTAIN PROPERTY
OWNED BY THE CITY OF MOAB AS SURPLUS
WHEREAS, Moab City has the right and title to certain property listed below
and;
WHEREAS, the Governing Body of Moab City declares that at present time, it
has no use whatsoever for said property.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
MOAB CITY THAT:
1. The property detailed on the attached list is hereby declared as surplus city
property.
2. This resolution shall take affect immediately upon passage.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body
of Moab City Council this day of , 2018.
SIGNED:
ATTEST: Emily S. Niehaus, Mayor
Rachel Stenta, City Recorder
Page 59 of 80
5-1 New Business
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Page 60 of 80
Moab City Council Agenda Item
Meeting Date: July 11, 2018
#: 5-2.
Title: Commercial
Date Submitted: June 29, 2018
Staff Presenter: Rosemarie Russo, Sustainability Director
Attachment(s): C-PACE Resolution, C-PACE Participation Agreement &
Support for a National Revenue Neutral Carbon Fee Resolution
Options: Sign the Carbon Fee Resolution or review and vote at a later meeting
Recommended Motion: NA
Background/Summary:: The Administration recommends that City Council
adopt the provided Resolution relating to a C-PACE Local Entity Participation
Agreement (the "Participation Agreement") between Moab Corporation and
the Governor's Office of Energy Development (OED)and a resolution
acknowledging Support of a National Revenue - Neutral Carbon Fee
Resolution. The C-PACE resolution requests and authorizes OED to conduct a
C-PACE program and district (the "Utah C-PACE District") and the
Participation Agreement allows OED to offer and administer Utah C-PACE
District within city limits and perform all of the duties described in the
Participation Agreement.
The City has a number of ambitious community energy, air quality and climate
change goals. These goals include transitioning to net-100% renewable
electricity for the entire community by 2032 along with reducing energy -
related greenhouse gas emissions 80% by 2040.
Over SO % of emissions tracked in the community's annual carbon footprint
are related to electricity and natural gas used at non-residential sites,
including commercial and industrial properties. Reducing energy waste
through efficiency and conservation plus the adoption of cleaner technologies
like renewable energy and electric vehicles are all keys to mitigating carbon
pollution. Commercial Property Assessed Clean Energy (C-PACE) financing
was created to better connect property owners, managers and tenants
Page 61 of 80
5-2 New Business
nationally with funding opportunities for onsite energy projects and can help
advance energy goals locally in Moab and throughout Utah.
In addition to traditional commercial and industrial property types that are
eligible for C-PACE in Utah, multifamily rental properties with five or more
units can also utilize the program. Financing can be leveraged for
improvements to existing properties and also certain investments in new
construction. For new construction, eligible improvements can be financed as
long as the building is designed to exceed the current international energy
conservation code required in Utah (2015 IECC, ASHRAE 90.1-2013) by at
least 5%. A complete list of eligible improvement types along with C-PACE
rules and requirements are available in the User Guide' published at
UtahCPACE.com.
Other tangible steps for the City to move toward its energy efficiency and
renewable energy goals is supporting regional and national efforts include our
National Renewable Energy Lab Grant, the proposed Revenue Neutral Carbon
Fee Resolution, and on -going Green to Gold adoption rates.
' Utah C-PACE User Guide Version 1.0. Published May 4, 2018.
http s: //utahcpace. com/municipalities/municipalities-how-it-works/
Page 62 of 80
5-2 New Business
RESOLUTION 31-2018
A Resolution Concerning the Authorization of the Governor's Office of
Energy Development (OED) to Conduct the Commercial Property
Assessed Clean Energy District (Utah C-PACE District), within Moab as
the Governing Body ("Governing Body")
RECITALS
A. Utah Code Ann. § 11-42a (2017) (the "Statute") establishes the
GOVERNOR'S OFFICE OF ENERGY DEVELOPMENT (OED), an independent
body corporate and politic of the State of Utah and establishes the Utah C-
PACE District and provides for the creation of new energy improvement
financing, which the District has named "C-PACE" or Commercial Property
Assessed Clean Energy.
B. Pursuant to Section 11-42a-106 of the Utah Code, OED may only
"establish and administer" the C-PACE District in the Governing Body if the
Governing Body authorizes it do so by resolution.
C. The Governing Body wishes to authorize OED to administer projects
through the C-PACE District in the Governing Body.
D. OED and Governing Body have agreed on the terms of the C-PACE
Governing Body Participation Agreement in the form attached hereto (the
"Participation Agreement").
E.. Reducing energy waste through efficiency and conservation plus the
adoption of cleaner technologies like renewable energy and electric vehicles
are all keys to mitigating carbon pollution. C-PACE financing was created to
better connect property owners, managers and tenants nationally with
funding opportunities for onsite energy projects and can help advance energy
goals locally in Moab.
THEREFORE, THE GOVERNING BODY RESOLVES:
The Governor's Office of Energy Development shall be authorized to conduct
the C-PACE District in the Governing Body in accordance with the
Participation Agreement.
Page 63 of 80
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5-2 New Business
The Governing Body hereby: (a) adopts the above recitations as findings of the
Governing Body ; (b) authorizes the Governing Body Attorney, in consultation
with the Chair, to make such changes as may be needed to the Participation
Agreement in order to correct any nonmaterial errors or language that do not
materially increase the obligations of the Governing Body; (c) authorizes the
Chair to execute the Participation Agreement following review and approval
by the Governing Body Attorney; and (d) authorizes the Chair, Vice Chair, or
designee to execute any and all other necessary letters, orders, or documents
as may be required to facilitate the successful implementation of the C-PACE
District in the Governing Body.
Budget Impacts: None
ADOPTED on this _ day of , 2018.
SIGNATURE: City Manager
ATTEST: City Recorder
Page 64 of 80
2
5-2 New Business
Governing Body Participation Agreement
THIS C-PACE GOVERNING BODY PARTICIPATION AGREEMENT (the "Agreement") is made and entered
into as of the day of , 2018, by and between , a body corporate
and politic of the State of Utah (the "Governing Body"), and the GOVERNOR'S OFFICE OF ENERGY
DEVELOPMENT (OED), an independent body corporate and politic of the State of Utah responsible for
the C-PACE District established under Utah Code Ann. § 11-42a (2017) (the "Statute") (each a "Party"
and collectively the "Parties").
RECITALS
WHEREAS, Section 11-42a-103 of the Utah Code established commercial property assessed
clean energy financing in the State of Utah; and
WHEREAS, Section 11-42a-106 of the Utah Code established the C-PACE District, and OED,
through the C-PACE District facilitates financing for eligible building improvements to commercial,
mining, manufacturing, public/private club, lodging, industrial, agricultural, and multifamily properties
(with five or more rentable units) by using a voluntary energy assessment to provide security for
repayment of the financing. OED may delegate its powers under this chapter to a third party to assist in
administering and directing the operation of the C-PACE District; and
WHEREAS, Section 11-42a-106 of the Utah Code directs OED to "establish and administer" the
C-PACE District but stipulates that the C-PACE District may only operate if the Governing Body has
adopted a resolution authorizing OED to conduct projects in their jurisdiction, and
WHEREAS, Section 11-42a-106 of the Utah Code requires the Governing Body to adopt a
resolution in the form attached hereto as Exhibit A, authorizing OED to conduct the C-PACE District
within the Governing Body and authorizing the Governing Body to enter into this Agreement with OED;
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth
herein and in order to effectuate the purposes of the Statute, it is hereby agreed as follows:
Section 1. Definitions
(a) "Energy Assessment Lien" means a lien on property within an energy assessment area
authorized by the Statute, as further defined in Section 11-42a-102 of the Utah Code.
(b) "Commercial Building" means any commercial or industrial real property, including
Page 65 of 80
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5-2 New Business
residential buildings containing five or more dwelling units for rent.
(c) "Eligible Improvements" means one or more energy efficiency, renewable energy, battery
storage, electric vehicle charging infrastructure, hybrid transport device, seismic upgrade,
and/or hybrid transport device improvements, made to Participating Property, as specified in
the Statute.
(d) "Participating Property" means a Commercial Building that is eligible to to participate in the
C-PACE District.
(e) "Program Guide" means the rules and regulations promulgated by OED to implement the C-
PACE District pursuant to the Statute, as the same may be amended or supplemented from time
to time.
Section 2. Obligations of OED.
(a) Program Requirements.
Pursuant to the Statute, OED:
(1) shall develop a Program Guide that governs OED's administration of the C-PACE
District and a User Guide that provides recommended best practices to C-PACE
stakeholders. OED may serve as a facilitator for the purpose of securing state or private
third -party financing for Eligible Improvements pursuant to the Statute; and
(2) shall receive and review applications submitted by property owners within the
Governing Body for financing of Eligible Improvements, and approve or disapprove such
applications in accordance with the Statute.
(b) Project Requirements.
If a property owner requests financing through the C-PACE District for improvements under the
Statute, OED shall review the project application against the requirements in Statute, and
(c) Assessment and Financing Agreement for Project.
The party providing the financing (the "Capital Provider") may enter into an Assessment and
Financing Agreement with the owner of Participating Property (the "Assessment & Financing
Agreement"). The Assessment & Financing Agreement shall clearly state the amount of the
Voluntary Energy Assessment to be levied against the Participating Property. OED and the
Page 66 of 80
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5-2 New Business
Capital Provider shall disclose to the property owner the costs and risks associated with
participating in the C-PACE District, including risks related to the failure of the property owner to
pay the Voluntary Energy Assessment provided for in the Assessment & Financing Agreement.
The Capital Provider shall disclose to the property owner the effective interest rate on the
Voluntary Energy Assessment, including other fees and charges imposed by OED to administer
the C-PACE District as well as any fees charged by the Capital Provider. The property owner must
be informed that each Eligible Improvement, regardless of its useful life, may be bundled with
other such improvements on the Participating Property for purposes of assessment and paid for
over the assessment term.
(d) Establish Voluntary Energy Assessments and Assessment Units.
With respect to each Voluntary Energy Assessment placed on a Participating Property, OED shall
determine from the Capital Provider and property owner the amount of the Voluntary Energy
Assessment. OED shall approve the specifics of the applicable Voluntary Energy Assessment
including, without limitation, the amount of the Voluntary Energy Assessment, term, interest
rate and repayment dates in accordance with the Statute. In no event shall the amount of any
Voluntary Energy Assessment exceed the value of: (a) the Voluntary Energy Assessment benefit
provided to the Participating Property, or (b) the Participating Property, as provided in the
Statute. Costs incurred for any property not approved to participate may not be included in a
certified assessment roll.
(e) Filing Assessment with Governing Body Clerk & Recorder.
Upon the execution of an Assessment & Financing Agreement, the Capital Provider will be
responsible, in collaboration with the Governing Body, to (i) file and record such energy
assessment lien in the public land records of the Governing Body, (ii) assign such lien, and (iii)
amend such liens from time to time.
Section 3. Obligations of the Governing Body.
(a) Promotion of Program; Assistance for C-PACE Financing.
The Governing Body shall use good faith efforts to assist OED in marketing efforts and outreach
to the local business community to encourage participation in the C-PACE District, such as
including C-PACE District information on the Governing Body's website, distributing an
informational letter from appropriate Governing Body officials to local businesses regarding the
program, and conducting one or more business roundtable events.
Page 67 of 80
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5-2 New Business
Section 4. Obligations of the Capital Provider.
(a) Billing and Collection of Energy Assessments.
Upon assignment of the energy assessment lien to the Capital Provider, the Participating
Property will make all such assessment payments directly to the Capital Provider pursuant to the
Assessment & Financing Agreement, and the Capital Provider will be responsible, subject to and
in accordance with the terms of the Assessment & Financing Agreement, for all billing,
collection, enforcement and administrative duties in respect of each of the assessment
payments and the lien.
Section 5. Term and Termination.
The term of this Agreement shall commence upon the date first written above. This Agreement shall be
in full force and effect until all of the Voluntary Energy Assessments have been paid in full or deemed no
longer outstanding. As authorized by the Statute, the Governing Body may adopt a resolution
deauthorizing OED from administering the C-PACE District in their jurisdiction. If the Governing Body
adopts a deauthorizing resolution, it shall continue to meet all of its obligations under this Agreement
and the Statute, as to all C-PACE financing obligations existing on the effective date of the deauthorizing
resolution until any and all C-PACE voluntary energy assessments have been paid in full and remitted to
Capital Provider.
Section 6. Default.
Each Party shall give the other Party written notice of any breach of any covenant or term of this
Agreement and shall allow the defaulting Party thirty (30) calendar days from the date of its receipt of
such notice within which to cure any such default or, if it cannot be cured within the thirty (30) days, to
commence and thereafter diligently pursue to completion, using good faith efforts to effect such cure
and to thereafter notify the other Party of the actual cure of any such default. The Parties shall have all
other rights and remedies provided by law, including, but not limited to, specific performance.
Section 7. Miscellaneous Provisions.
(a) Amendment and Termination.
After a Capital Provider provides funds to finance the costs of any C-PACE project, this
Agreement may not be amended or terminated by the Parties without the prior approval of the
holders of the assignable lien, which approval shall be obtained in accordance with the
indenture or other documents entered into by OED in connection with such financing.
Page 68 of 80
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5-2 New Business
(b) Severability.
If any clause, provision or section of this Agreement is held to be illegal or invalid by any court,
the invalidity of the clause, provision or section will not affect the remaining clauses, provisions
or sections, and this Agreement will be construed and enforced as if the illegal or invalid clause,
provision or section has not been contained in it.
(c) Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
to be an original, and all of which together shall constitute but one and the same instrument.
(d) Notices.
All notices, requests, consents and other communications shall be in writing and shall be
delivered, mailed by first class mail, postage prepaid, or overnight delivery service, to the
Parties, as follows:
If to the Governing Body:
Governing Body
c/o Board of Governing Body Commissioners
With a Copy to:
Governing Body Attorney
Governing Body
If to OED:
C-PACE District
c/o Utah Governor's Office of Energy Development
P.O. Box 144845
Salt Lake City, UT 84114
Attention: Shawna Cuan
With a Copy to:
Page 69 of 80
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5-2 New Business
(e) Amendment.
Except as otherwise set forth in this Agreement, any amendment to any provision of this
Agreement must be in writing and mutually agreed to by OED and the Governing Body.
(f) Applicable Law and Venue.
This Agreement and its provisions shall be governed by and construed in accordance with the
laws of the State of Utah. In any action, in equity or law, with respect to the enforcement or
interpretation of this Agreement, venue shall be in the district courts of the Governing Body, the
State of Utah.
(g) Entire Agreement.
This instrument constitutes the entire agreement between the Parties and supersedes all
previous discussions, understandings and agreements between the Parties relating to the
subject matter of this Agreement. In the event of any conflict between the Program Guide and
this Agreement, the terms of this Agreement shall control.
(h) Headings.
The headings in this Agreement are solely for convenience, do not constitute a part of this
Agreement and do not affect its meaning or construction.
(i) Changes in Law or Regulation.
This Agreement is subject to such modifications as may be required by change in federal or Utah
state law, or their implementing regulations. Any such required modification shall automatically
be incorporated into and made a part of this Agreement on the effective date of such change, as
if fully set forth herein. Headings in this Agreement are solely for convenience, do not constitute
a part of this Agreement and do not affect its meaning or construction.
(j) Third -Party Beneficiaries.
It is specifically agreed among the Parties executing this Agreement that it is not intended by
any of the provisions of any part of this Agreement to create a third -party beneficiary
Page 70 of 80
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5-2 New Business
hereunder, or to authorize anyone not a party to this Agreement to maintain any claim under
this Agreement. The duties, obligations and responsibilities of the Parties to this Agreement
with respect to third parties shall remain as imposed by law.
(k) No Waiver of Rights.
A waiver by any Party to this Agreement of the breach of any term or provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach by either
Party.
(I) No Waiver of Governmental Immunity.
Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any
governmental immunity that may be available by law to the Governing Body or to OED, their
officials, employees, contractors, or agents, or any other person acting on behalf of the
Governing Body or OED.
(m) Independent Entities.
The Parties shall perform all services under this Agreement as independent entities and not as
an agent or employee of the other Party. It is mutually agreed and understood that nothing
contained in this Agreement is intended, or shall be construed as, in any way establishing the
relationship of co-partners or joint ventures between the Parties hereto, or as construing either
Party, including its agents and employees, as an agent of the other Party. Each Party shall
remain an independent and separate entity. Neither Party shall be supervised by any employee
or official of the other Party. Neither Party shall represent that it is an employee or agent of the
other Party in any capacity.
Page 71 of 80
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IN WITNESS WHEREOF, the Governing Body and OED have each caused this Agreement to be executed
and delivered as of the date indicated above:
APPROVED AS TO FORM:
Governing Body Attorney
Attest:
NAME, Recording Secretary
GOVERNING BODY OF
By:
, Chair
Board of Governing Body Commissioners
Attest:
Clerk to the Board
UTAH GOVERNOR'S OFFICE OF ENERGY DEVELOPMENT
By:
Laura Nelson, Executive Director
Page 72 of 80
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Exhibit A
Governing Body Resolution
RESOLUTION 2018
A Resolution Concerning the Authorization of OED to Conduct the Commercial Property Assessed
Clean Energy District (C-PACE District), within Governing Body ("Governing Body")
RECITALS
A. Utah Code Ann. § 11-42a (2017) (the "Statute") establishes the GOVERNOR'S OFFICE OF
ENERGY DEVELOPMENT (OED), an independent body corporate and politic of the State of Utah and
establishes the C-PACE District and provides for the creation of new energy improvement financing,
which the District has named "C-PACE" or Commercial Property Assessed Clean Energy.
B. Pursuant to Section 11-42a-106 of the Utah Code, OED may only "establish and administer" the
C-PACE District in the Governing Body if the Governing Body authorizes it do so by resolution.
C. The Governing Body wishes to authorize OED to administer projects through the C-PACE District
in the Governing Body.
D. OED and Governing Body have agreed on the terms of the C-PACE Governing Body Participation
Agreement in the form attached hereto (the "Participation Agreement").
THEREFORE, THE GOVERNING BODY RESOLVES:
The Governor's Office of Energy Development shall be authorized to conduct the C-PACE District in the
Governing Body in accordance with the Participation Agreement.
The Governing Body hereby: (a) adopts the above recitations as findings of the Governing Body ; (b)
authorizes the Governing Body Attorney, in consultation with the Chair, to make such changes as may
be needed to the Participation Agreement in order to correct any nonmaterial errors or language that
do not materially increase the obligations of the Governing Body; (c) authorizes the Chair to execute the
Participation Agreement following review and approval by the Governing Body Attorney; and (d)
authorizes the Chair, Vice Chair, or designee to execute any and all other necessary letters, orders, or
documents as may be required to facilitate the successful implementation of the C-PACE District in the
Governing Body.
ADOPTED on this _ day of , 2018.
BOARD OF COMMISSIONERS OF GOVERNING BODY:
Chair
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Vice Chair
, Commissioner
ATTEST: Clerk to the Board
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Resolution 32 2018
A RESOLUTION URGING CONGRESS TO LEVY A REVENUE -NEUTRAL FEE ON THE
CARBON IN FOSSIL FUELS
WHEREAS, climate change has been widely recognized by government, business and
academic leaders as a worldwide threat with the potential to harm our economy, safety, public
health, and quality of life; and
WHEREAS, the long-term consequences of climate change are devastating to our tourism
and recreation -based economy, and quality of life, such as increased heat, prolonged drought,
destructive wildfires, increased flooding, reduced stream flow, and
WHEREAS, Moab has already recognized the threats of climate change to the County and
pledged to take a leadership role in promoting public awareness, education, and outreach regarding
how the economy, the environment, and societal well-being interrelate to each other within the
confluence of climate change, thus better preparing our citizens to both mitigate the impacts of climate
change and confront the negative impacts of climate change in a more productive manner; and
WHEREAS, we are joined in taking action on climate change by a global coalition of cities,
counties, state and national governments and community and private sector leaders who recognize
the importance and potential of these actions to protect and enhance the well-being of current and
future generations; and
WHEREAS, the transition away from fossil fuels can be accelerated through a market- driven
mechanism, such as a carbon fee and dividend that would encourage and empower residents to
reduce and replace their consumption of fossil fuels with renewable and other alternative energy
sources through conservation, being more efficient, and choosing less carbon- intensive energy
sources; and
WHEREAS, Moab encourages the United States Congress to pass legislation that levies a
revenue -neutral fee on the carbon in fossil fuels at the point of production and importation sufficient to
encourage individuals and corporations to produce and use less fossil fuels and to make the
transition less onerous on the economy and to consumers by returning to American households all
the revenues generated from this fee; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of Moab, Utah, that
The Moab City Council and Mayor strongly urge the US Congress to pass legislation that levies a
revenue -neutral fee on the carbon in fossil fuels as part of our commitment to show sustainability
leadership at a local, regional, state and national level.
ADOPTED on this _ day of , 2018.
SIGNATURE: City Manager
ATTEST: City Recorder
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Moab City Council Agenda Item
Meeting Date: July 10 2018
#: 5-3
Title: SCHEDULING A PUBLIC HEARING FOR A SCHEDULE ADJUSTMENT
FOR THE WASTEWATER SERVICE RATES
Date Submitted: July 3, 2018
Staff Presenter: Chuck Williams, City Engineer
Attachment(s): Existing Resolution 48-2017
Options: Approve, deny, or modify.
Recommended Motion: "I move to schedule a Public Hearing on July 25,
2018 in order to adopt a new Resolution approving a schedule adjustment for
the Wastewater Service Rates"
Background/Summary:
Resolution 48-2017 was adopted by the City Council July 25th, 2017.The
Resolution established Wastewater Service Rates for City users of our
wastewater distribution and collection system.
In implementing the Resolution, City staff has found that there are a few
limitations to the rate structure as it exists that has led to some confusion for
both staff and the public. Therefore, since the Resolution has been in effect for
a year we would like to suggest a schedule adjustment to the rate structure
that will simplify the administration of the rate and we believe make it easier
for the public to understand.
The current rate structure contains two criteria used for basis of the monthly
charge per user. The criteria will change over every year in order to keep up
with inflation and maintain the City's wastewater infrastructure.
Those two criteria are:
1. The Monthly Base Rate which stays the same for every month of the
billing year for a given type of user e.g. residential or commercial , and
2. A volume rate based on usage. This is calculated differently for a given
type of user e.g. residential or commercial. Specifically:
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a. For residential users this monthly volume rate is based on the
"Winter average" volume of water used from the previous winter
(defined as the average of November thru January),
b. For commercial users the monthly volume rate charged is based
upon the previous months "Actual" volume of water used.
One the Base rate and Volume rate are established for a given user the two
numbers are added to calculate the monthly charge for that user.
In anticipation of Council questions and for clarification staff will present
multiple examples of rate calculation and options at the July 10th meeting.
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CITY OF MOAB RESOLUTION NO.48-2017
A RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES
The following describes the intent and purpose of this resolution:
a. The City of Moab has undertaken to construct a new wastewater treatment facility and
has secured $15 million in financing for the construction of same.
b. The City completed a Sewer Rate Cost of Service Analysis in May, 2017, which evaluated
rate structures based on considerations of: projected system growth; total revenue
requirements for operations, maintenance, and debt service; and equitable allocation of costs
based on use of capacity and concentrations of wastewater discharge associated with different
user groups. The methodology and conclusions of the Sewer Rate Cost of Service Analysis are
adopted by the City and incorporated by reference.
c. The City anticipates higher operations and maintenance costs as demands on the
system increase and infrastructure ages.
d. The City anticipates higher debt service obligations due to the financing of the new
wastewater treatment facility.
e. The City finds that it is necessary and appropriate that wastewater users pay for their
proportionate share of all of the ongoing operations and maintenance needs and capital costs
of the system.
f. The City finds that a multi -year rate structure is necessary and appropriate to phase -in
rate increases over time.
g. The City has sewer rate setting authority pursuant to U.C.A. § 10-8-38, and other
authorities.
h. The City finds that the following rate structure is reasonable and consistent with the
objectives and policies described above.
Therefore, the City hereby enacts the following wastewater treatment rates:
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Monthly Wastewater Treatment Rates
Monthly Base Rate .
Existing
FYE
2017
FYE
2018:
FYE
2019
FYE
2020
FYE
2021
FYE
2022
Single Family
$14.40
$15.85
$19.00
$21.30
$21.55
$21.55
Multifamily 1st Unit (2 Bedrooms or
Larger)
$19.10
$15.85
$19.00
$21.30
$21.55
$21.55
+ Charge per each additional unit
-
$2.80
$7.35
$9.80
$11.40
$11.40
Multifamily 1st Unit (1 Bedroom or
Smaller)
$19.10
$14.60
$15.80
$17.00
$16.55
$16.55
+ Charge per each additional unit
-
$1.60
$4.10
$5.50
$6.40
$6.40
Overnight Accommodations: 1st
Unit Condo, 2 Bedrooms or Larger
$19•10
$16.40
$20.45
$23.25
$23.85
$23.85
+ Charge per each additional unit
-
$3.40
$8.80
$11.75
$13.65
$13.65
Overnight Accommodations: 1st
Unit Condo, 1 Bedroom or Smaller
$19.10
$15.85
$19.00
$21.30
$21.55
$21.55
+ Charge per each additional unit
-
$2.80
$7.35
$9.80
$11.40
$11.40
Overnight Accommodations: 1st
Unit Hotel/Motel (No Kitchen)
$19•10
$15.25
$17.40
$19.15
$19.10
$19.10
+ Charge per each additional unit
-
$2.20
$5.75
$7.65
$8.90
$8.90
Restaurant/Fast Food and Other
Non -Residential: 1-inch or smaller
water meter
$19.10
$19.10
$19.10
$21.30
$21.55
$21.55
1.5-inch water meter
-
$19.10
$21.75
$24.40
$24.80
$24.80
2-inch water meter
-
$24.25
$29.30
$32.95
$33.75
$33.75
3-inch water meter
-
$69.60
$84.75
$95.90
$99.65
$99.65
4-inch water meter
-
$86.40
$105.25
$119.25
$124.10
$124.10
5-inch water meter
-
$125.60
$153.20
$173.65
$181.05
$181.05
6-inch water meter
-
$170.45
$207.95
$235.80
$246.10
$246.10
8-inch water meter
-
$232.25
$283.55
$321.65
$335.95
$335.95
Volume Rate.($/thOUsand'gal.),'
Existing
FYE
2017
FYE
2018
FYE
2022
Residential
Multifamily
Overnight Accommodations
Restaurant/Fast Food
Other Non -Residential
$1.70
$1.85
$1.85
$1.85
$1.85
$1.70
$1.85
$1.85
$2.22
$1.85
$1.70
$1.85
$1.85
$2.66
$1.85
$1.82
$1.85
$1.85
$3.20
$1.85
$1.90
$1.90
$1.90
$3.41
$1.90
1.90
1.90
$1.90
3.41
$1.90
Volumetric charges for residential customers, including single family residences and
multi -family residences, will be calculated based on the customer's average culinary water
usage in November through January each year. The charge will be calculated by multiplying the
average usage amount in gallons by the volumetric charge and adding same to the monthly
base rate. That rate will be assessed each month and recalculated each successive year. New
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residential customers (single family and multi -family), will be assessed the base rate until a
winter usage amount can be calculated.
Volumetric charges for all other customers, including overnight accommodations,
restaurants, and other non-residential (commercial) customers will be calculated based on the
customer's total culinary water usage measured in the month preceding every billing month.
The charge will be calculated by multiplying the preceding month's water usage amount in
gallons by the volumetric charge and adding same to the monthly base rate.
Passed and adopted by a majority vote of the City Council. This Resolution will take
effectAugust 1, 2017.
Mayor David,Sakrison--.
At
Rachel Stenta, R6-ciirder _
1
Date
5-
Date
-End of Document-
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