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PKT-CC-2016-03-08
Moab City Council March 8, 2016 Pre -Council Workshop/Presentation ***6:00 PM*** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 98 Agenda Page 2 of 98 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, March 8, 2016 at 6:00 p.m. 6:00 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: SECTION 7: Agenda PRE COUNCIL WORKSHOP 6:00 - 6:30 PM Utah Department of Transportation - Moab Signal and Pedestrian Study Presentation 6:30 - 6:45 PM Lions Parr Rules Discussion CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 February 9, 2016 1-2 February 27, 2016 CITIZENS TO BE HEARD PRESENTATIONS 3-1 Presentation Regarding Rainbow Drive PROCLAMATIONS 4-1 None PUBLIC HEARING (Approximately 7:15 PM) 5-1 None SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of a Special Business Event License for Cruise Moab 2016 on May 4 to May 8, 2016 Located at 1372 North Highway 191 6-2 Approval of a Private Property Vendor for Moab Diner Located at 189 South Main Street on March 23, 2016 6-3 Approval of a Private Property Vendor for City Market Garden Center Located at 425 South Main Street from March 28 to June 30, 2016 NEW BUSINESS 7-1 Approval of Proposed Resolution #06-2016 - A Resolution Conditionally Approving The Final Plat For The Valley View Subdivision, Phase 1, On Property Located In The R-2 Zoning District 7-2 Approval of Task Order 16-01 with Bowen Collins and Associates for the Waste Water Treatment Plant (WWTP) Outfall Evaluation for an amount not to exceed $14,708 7-3 Approval of Task Order 16-02 with Bowen Collins and Associates for the WWTP Page 3 of 98 UPDES Permit Renewal Assistance and Analysis for an amount not to exceed $8,962 7-4 Approval of Change Order #1 to the approved Task Order with Horrocks Engineers for the 2015 Sanitary Sewer Replacement Project in an amount not to exceed $8,265 7-5 Approval to grant a Utility and Access Easement on City property near Old City Park to Rick York 7-6 Approval of a Cooperative Agreement between the Utah Department of Transportation (UDOT) and the City of Moab to allow the placement and use of pedestrian flags at two locations on Main Street/US-191 within the City limits 7-7 Approval of a Purchasing Exception to Parr Brown Gee & Loveless Attorneys at Law in an amount not to exceed $18,428.78 7-8 Discussion and Possible Approval of Criteria for Discounted Membership or Membership Grants and a Waiver of Use Fees and through discounted membership grants at the Moab Recreation and Aquatic Center for Charitable Groups and Nonprofits Not to Exceed $1,000 Yearly 7-9 Approval of Proposed Resolution #07-2016 — A Resolution Amending the Fee Schedule for the Moab Recreation and Aquatic Center 7-10 Approval of a Subdivision Improvement Agreement for the Valley View Subdivision 7-11 Discussion and Possible Approval Proposed Ordinance # 2016-02 — An Ordinance Amending Conditional Uses and Specifically Bed and Breakfasts as found in MMC Chapters 17.09.530 and 17.09.531 as Referred to Council by the Planning Commission SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: 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 Agenda Page 4 of 98 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Councilmembers and Media From: Councilmembers Derasary and Jones Date: 03/07/2016 Re: Regular Council Meeting Addendum Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd SECTION 13: REGULAR COUNCIL MEETING ADDENDUM March 8, 2016 EXECUTIVE CLOSED SESSION 13-1 An Executive Session to Discuss Pending or Reasonably Imminent Litigation The meeting will be held in the Moab City Council Chambers of Moab City Offices at 217 East Center Street, Moab, Utah. J ......-----" Counc' ember Rani Derasary Council Co ember Kalen J;es 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. First EPA Green Power Community in the Nation Page 5 of 98 MOAB CITY COUNCIL REGULAR MEETING February 9, 2016 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor Pro- Tem Kyle Bailey called the Pre -Council Workshop to order at 6:00 PM. In attendance were Councilmembers Heila Ershadi, Rani Derasary, Tawny Knuteson-Boyd and Kalen Jones. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Parks, Recreation and Trails Director Tif Miller, City Attorney Chris McAnany and City Engineer Phillip Bowman. Mayor Dave Sakrison joined the meeting at 6:30 PM. A Training on the Utah Open and Public Meetings Act was held during the Pre Council Workshop. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Boy Scout Troop 802 led in the pledge of allegiance. Nineteen (19) members of the audience and media were present. Councilmember Jones moved to approve the minutes of the January 12, 2016 City Council Meeting. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, and Derasary voting aye. Under Citizens to be Heard, Janette Kopell, Chairperson of the Moab City Planning Commission, addressed the Council with her wishes that 2016 be different between the Council and Commission. Ms. Kopell hoped for more positive changes that better the community. Kelly Green expressed his concern about possible litigation that the City may be involved in. He conveyed his concern about transparency and possible cronyism, he stressed that he is not saying it is happening, but that he would like the City to look into it. Mr. Green mentioned that he hopes the City will clarify Conditional Use Permits so there will be less REGULAR MEETING & ATTENDANCE PRE COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD Agenda Page 6 of 98 controversy. Mr. Green applauds the council and their willingness to serve. Councilmember Bailey moved to approve a Request of a Class II Beer License for Jorge Ordonez-Hernandez, d.b.a. El Charro Loco located at 812 South Main Street. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Derasary moved to approve Granting of Local Consent of a Full Service Restaurant Liquor License for Jorge Ordanez-Hernandez, d.b.a. El Charro Loco located at 812 South Main Street. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Ershadi moved to approve all Event Licenses and Permits for the Canyonlands Half Marathon Event to be held on March 11 and 12, 2016 at Swanny City Park. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Bailey moved to approve a VersaHandler Bid to H & E Equipment Service, Inc. in the amount $55,691.00. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Knuteson-Boyd moved to approve a Water Meter Replacement Bid to MeterWorks in the amount $128,074.25. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Derasary moved to approve Reolution #02-2016- A Resolution Approving the Improvements Agreement for the Michaud Rental Units located at 165 West Center Street, including Acceptance of Cash -In -Lieu for construction of improvements to future curb, gutter and sidewalk. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, APPROVAL OF CLASS II BEER LICENSE- 812 SOUTH MAIN STREET APPROVAL OF LOCAL CONSENT-812 SOUTH MAIN STREET APPROVAL OF EVENT LICENSES AND PERMITS FOR CANYONLANDS HALF MARATHON-MARCH11 AND 12, 2016 AWARD OF VERSA HANDLER BID AWARD OF WATER METER REPLACEMENT BID APPROVAL OF PROPOSED RESOLUTION #02-2016 Agenda Page 7 of 98 Knuteson-Boyd, Derasary voting aye. In Mayor and Council Reports Councilmember Knuteson-Boyd reported that she attended the Local Officials Day at the Legislature. Councilmember Derasary and Councilmember Jones stated that they also attended the Local Officials Day at the Legislature and commented on the excellent guides they had as well as learning a lot and that it was enjoyable. Councilmember Jones reported that he attended a UTV meeting with Kent Green, Mary McGann and Elaine Gizler and that the topic was education on UTV laws. Councilmember Jones stated that he attended a Grand County Council Workshop on housing that County Council Chairperson Elizabeth Tubbs committed to the Grand County Council meetings include workshops on housing issues until action is taken. Councilmember Jones gave a summary of the Housing Task Force Meeting. Councilmember Ershadi mentioned that she had reviewed a website named seesmoab.org and that it is a comprehensive webpage that she highly recommends checking out. Councilmember Ershadi mentioned that she could not attend the Community Composting meeting. Councilmember Ershadi reported that she had worked with the Housing Task Force to draft a press release regarding Olene Walker. Mayor Sakrison reported that he has spent a lot of time at the Legislature and had attended the Governor's Rural Partnership Meeting. He mentioned the Rural FastTrack meetings. Mayor Sakrison also attended hearings at the Legislature concerning HB 52-Tourism Incentives. The Mayor commented that Moab City had sponsored a grant for $35,000 last year for the Boulder Park which is an over $200,000 project. Mayor Sakrison stated that particular grant was through the Governor's Office of Economic Development Department of Recreation. Mayor Sakrison encouraged the Council to send emails in support of MAYOR AND COUNCIL REPORTS Agenda Page 8 of 98 House Bill 52, the Tourism Incentives Bill. Mayor Sakrison also mentioned a new UTV slogan, "Throttle down in town." Mayor Sakrison reported that he attended a Governor's Rural partnership Meeting and was informed of an initiative to break the poverty cycle. Mayor Sakrison stated that the Moab Steering Committee reported that the tailings pile is half way there and after 1 million hours they just had their first accident. Mayor Sakrison mentioned that Utah Department of Transportation will hold a meeting on April 26, 2016 in the Monticello, San Juan County Chambers. Mayor Sakrison announced the Department of Workforce Services' Intergenerational program hopes to break the cycle of poverty. Mayor Sakrison stated that Lieutenant Governor Spencer Cox will be coming in March to inform the community of the program. Mayor Sakrison informed council that he is very concerned about House Bill #132-and that this bill modifies provisions related to a municipality's or a county's authority to license a business. Mayor Sakrison mentioned that the Grand County Council is writing a letter in opposition to this bill. There was no Correspondence to be Read. Under Administrative Report, City Manager Davidson reported that the Grand Opening of Lions Park will be held on March 11, 2016 and stated that this is the Friday before Jeep Safari. Under City/County Cooperation Mayor Sakrison reported that he met with representatives from congressman Chaffetz's Office along with Grand County Council Members. Mayor Sakrison stated that the next City/County Joint Meeting will be held Monday, February 29, 2016 at 11:30 am at Moab City Hall. The City will provide lunch. READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION Agenda Page 9 of 98 Mayor Sakrison requested a correction to the list of Community Board Members. Councilmember Knuteson-Boyd will serve on the Historical Board correcting the mistaken placement of Mayor Sakrison. Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $355,499.47. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Knuteson-Boyd moved to enter an Executive Session at 7:32 pm for the purpose of a Discussion Regarding Pending or Reasonably Imminent Litigation. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. An Executive Session was entered at 7:37 pm after a five minute break. Councilmember Bailey moved to close Executive Session at 8:52 pm. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Bailey moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. The meeting was adjourned at 8:57 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder APPROVAL OF BILLS EXECUTIVE SESSION ENTERED EXECUTIVE SESSION CLOSED ADJOURNMENT Agenda Page 10 of 98 MOAB CITY COUNCIL SPECIAL WORKSHOP COUNCIL MEETING February 27, 2016 The Moab City Council held a Special City Council Meeting on the above date in the Colorado Room at Sorrel River Ranch, Mile 17, HC 64 UT-128, Moab, Utah. Mayor David Sakrison called the Special Meeting to order at 8:00 AM. In attendance were Councilmembers Heila Ershadi, Kalen Jones, Kyle Bailey, Tawny Knuteson-Boyd and Rani Derasary. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta and Guest Facilitator Johnathon Geurts A Special Workshop was held as a Retreat, Goal Setting and Team Building session. Councilmember Jones moved to adjourn the meeting. Councilmember Derasary seconded the motion. The motion carried 4-0 aye. The meeting was adjourned at 1:00 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder February 27, 2016 Page 1of1 SPECIAL MEETING CALLED TO ORDER AND ATTENDANCE FACILITATION BY JOHNATHON GEURTS ADJOURNMENT Agenda Page 11 of 98 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 8, 2016 Agenda Item #: 6-1 Title: Special Business Event License for Cruise Moab 2016 on May 4 to May 8, 2016 Located at 1372 North Highway 191 Fiscal Impact: Minimal Staff Presenter(s): Carmella Galley Department: Administration Applicant: Cruise Moab 2016 Background/Summary: The Special Events Committee has reviewed the application and supporting material and recommends approval of the event. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends Approval of the Special Business Events License as presented. Recommended MntinnS• "I mnvP to approve" Attachment(s): Special Business Event License Application Supplementary material submitted by the applicant Agenda Page 12 of 98 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET Mae, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT PEE: $200.00 PLUS (CHECK ONE): TRANSIENT MO): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: lit ed 129000 NAME OF EVENT: 6: Rif,V'4. /31G3 �1i la/6— DESCRIPTION OF EVENT: y l44: EL v/. L ✓ e va/vi / -ff RE, ers i 72 9 7 Zei ; R tieD iL Nam// 5 eArek a n4v0.�{ 13).2 N 17,-r4P• 4i.A-tf / 9/ 1372 N 142Xit 4-4-/,-' / 4/ _ r TEMPORARY STRUCTURES TO BE USED (IF ANY): rA- .A✓% 1)/0 ier DATE(s) AND TIME(S) OF EVENT: R � Grf r fivOZZI,v W.77/ f :.�zf{ 1• Air:1 iv �i' '� . FrIE . . WPS .-314 ," 2D% ANTICIPATED #OF EVENT PARTICIPANTS: L /L S'S r /44.A! ; L'I NUMBER OF VENDORS PARTICIPATING: 4PP.4. cyX 1 S ' D )1Pc < 74 6 TYPES OF VENDORS PARTICIPATING IN EVENT: th A%Pp+2s WTI/ ,SIM 9' 174C'm01/' aCc70,1� SeXY-ILL.i P.(J TO T1//1 ywo LO/n/lev,v_r EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): /-[0 ' Glr�V i �%�i j! 11er,ST/1 �Tt���✓ S.L I ATTA C µrr l -Apt LOCATION OF EVENT: PREMISES TO BE USED: EVENTSPONSOR'SNAME: R.I ://1/�ivF{r�r��rL SPONSOR'S ADDRESS: 4� , /3 (f X 26 0 0 %] SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: 04.. -0 ez•PR r3r C'pc,,Afi,00 Nom: CITY: (,%a tueoP STATE: C 0 ZEP: S'G/ 2 / SPONSORS SOCIAL SECURITY NUMBER: DATE OF BIRTH: y 44•14kFt• Dr 1-14 TYPE OF ORGANIZATION:O PROPRIETORSHIP 0 PARTNERSHIP CI CORPORATION SIOTHER(SPECIFY): EVENT SPONSOR'S SALES TAX ID* NAME REGISTERED WITH THE STATE FOR TAX ID: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT UCENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. UWE ! 1 J L CA, f r HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE MTH THE MOAB CITY J pFS Nr Nunets) BUSINESS LICENSE R MONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VAUD ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICPNT (SPONSOR). INVE REE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. L�> di/6 State of Utah ) SS County of Grand ) 2 I -s`- r Oi% SUBCRIBED AND SWORN to before me this day of t"��``X�/ Z. NOTARY PUBLIC MATTHEW PALMER Notary Public State of Colorado Notary ID 20134055163 ommission Expires Aug 28, 2017 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTi Page 13 of 98 Cruise Moab 2016 For our "Cruise Moab" 2016 event, most of our participants will stay at Slick Rock Campground. We therefore received permission from the owner of the back lot at 1372 N. Highway 191 (south of the campground) to use it for our event. The following activities are planned: Tech Inspection Registration/Checkin Event merchandise sales A Vendor night gathering A Raffle/Dinner Vehicle recovery and Safety demonstration We plan to have a 40' x 100' tent erected on the site (see attached site plan), and the porta potties delivered on Tuesday May 3rd. We will also erect a 10' x 10' tent for tech inspections. 5/4 - The Tech inspection, Registration, Check in, and Event Merchandise sales. 5/5 - Late Registration and Tech inspection early in the morning, prior to the guided trail rides. Cruise Moab merchandise sales will be available during the day. - We will have a Vendor night in the evening, where registered Vendors will setup to display and sell merchandise. 5/6 - Late Registration and Tech inspection prior to the guided trail rides. Cruise Moab merchandise sales will be available during the day. - In the evening we have planned our Raffle and Dinner catered by Nick Clayton (affiliated with the "Sunset Grill"). 5/7 - Very late Registration and Tech inspection prior to the guided trail rides. 5/8 — Event cleanup. The Porta potties and Large tent will be removed by the vendors early the week of May 9th. Sales Tax Licenses: The State of Utah is sending us 20 Tax Licenses to assign to Vendors. We were instructed to assign a license for this event to each vendor, and provide a list to the State of which license was assigned to each vendor. We do not have the exact License numbers to provide on the permit application at this time. List of Vendors: We have Several Vendors such as Slee Offroad, Cruiser outfitters, and Gamaviti that want to participate in Vendor night. We will provide the full list to the city the Week before the event. Health Department: We spoke to Orion Rogers last year from the health department, and explained we do not plan to have any food vendors. We only plan to have a dinner catered by Nick Clayton ( affiliated with Sunset Grill) on Friday night. Last year he indicated this should not be a problem, and said he would sign off on the permit if needed. We will contact him again this year and see if there are any changes, Questions, or concerns with doing things the same as last year. Page 14 of 98 Cruise Moab 2016 Fee Explanation: We limit our Cruise Moab event to an absolute max of 200 Registered Drivers (vehicles). Most years we see the number of registrants at approx 180 or less registered drivers. Registration occurs prior to the event via our online website Base registration is $175 per Driver (Vehicle). This includes the following for each participant: - Guided trail rides on trails permitted through the BLM, State of Utah School and Institutional Trust Lands Administration, and National Park Service. - 1 dinner for Friday night 1 T-shirt. During online registration, the pre-order/purchase of additional Dinners, and Cruise Moab merchandise (t-shirts, hoodies, hats, stickers, ect) are available. At the Event: Registrations will be available for purchase at the event for any spots not yet filled. A limited number of additional dinners will be available for purchase by family and passengers (not to exceed our limit of 300 dinners ). Cruise Moab Merchandise will be available for purchase (t-shirts, hoodies, hats, stickers, ect). Raffle tickets will be available for purchase, for our Friday night raffle. Additional Fees/passes: Additional fees for BLM are collected per passenger, per day, as part of our permit agreement. A valid park pass is required for some trails. Participants are responsible for acquiring one at their own expense if needed. Page 15 of 98 I .. .. 1 �....\. .... :.... .$r-:. «.... pi ..s.....r.�_t- •.�L1.LF..., .'•�- '~}. au :-i.:.� ts... �..J, _ ..y.:`. .:rim--+. ._- .+-,_....1• _-�_ ••fir .y_ t-. s., a d t 1 . -aa �. 1._... w . .• .T_..._ 'pp A. •_. ,, {L SSSS 1yy�i -• - ,-)Y...... ..,....f.l+.✓..:.0 1 F 1... y ., rya A ta.: :L.... ,Aii ,:,.)a. f.3,[.... a� .{ lr 777tL1.4: l 4 O; • { 1 yall. .,u s. •r qi. tW M , i..i ii•r..: J.., 3- .__,i.....I..._ . _.._. .. _ :.. I ri �.. ) a. • N> .'iy. . . . .a'`.. ...a{ .C.�.ac.... - t I . s...'r , AAA -Aar • ._if - cf.. a,....._: s�.} ,:a_. i ,,4 ,... pil+-e� ::Y 1 r , I • p . s i i L ! 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' 2 • I k) NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: Greg Luer/Rising Sun 4 wheel drive Club of Colo PHONE: 303-246-0205 P.O Box 260175 CITY: Lakewood STATE: CO ZIP: 80226 NAME OF EVENT: Cruise Moab 2016 -- Sponsored by the "Rising Sun 4 wheel drive club of Colorado" LOCATION OFEVENT: 1372 N. Highway 191 ( the lot just south of SlickRock Gampground ) ZONE: 12C - SPRIAL ENE -MT DETAILED DESCRIPTION OF SPECIAL EVENT: The following activities are planned to take place at this location the first week of May In support for our annual 4 wheel drive event. Activities include Tech inspection, Registration/Check-in, event merchandise sales, a vendor night gathering, a raffle dinner, and a vehicle recovery and safety demonstration. Please see the attachments for additional details that include information regarding the 1) site plan with details of proposed tent , porta potties and trash locations, and 2) A time line of the activities listed above. Page 17 of 98 06116/05 Agenda AGENCY CUSTOMER ID: A CORDTM LOC # CERTIFICATE: 1790920 DATE ISSUED: 3/20/15 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY K & K INSURANCE GROUP, INC. NAMED INSURED TOYOTA LAND CRUISER ASSOCIATION 6911 NORTHRIDGE DR. DALLAS , TX 75214 POLICY NUMBER GL KEI0005025000 CARRIER SEE ACORD 25 NAIC CODE EFFECTIVE DATE: SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ADDITIONAL INSUREDS: PER POLICY A. ANY PERSON OR ORGANIZATION ENGAGED IN OPERATING, MANAGING, SANCTIONING, SPONSORING THE "COVERED PROGRAM", OR PROVIDING THE "PREMISES" FOR A "COVERED PROGRAM", INCLUDING OFFICIALS OF THE "COVERED PROGRAM" B. ANY "PARTICIPANT" (EXCLUDING DRIVERS), "COMPETITION VEHICLE" OWNER AND "COMPETITION VEHICLE" SPONSOR C. ANY "PARTICIPANT" DRIVER BUT ONLY WITH RESPECT TO "BODILY INJURY" OR "PROPERTY DAMAGE" TO PERSONS OTHER THAN ANY OTHER DRIVER D. RISING SUN 4 WHEEL DRIVE CLUB OF COLOARDO, WESTERN RIVER EXPEDITIONS, BLM MOAB UT, BLM PRICE UT, BLM MONTICELLO UT, STATE OF UTAH TRUST LANDS ADMIN, STATE OF UTAH SCHOOL AND INSTITUTIONAL TRUST LANDS ADMIN, GLEN CANYON RECREATION AREA, GRAND STAIRCASE NATIONAL MONUMENT, CANYONLANDS NATIONAL PARK, AREA BFE, US GOVERNMENT, UNITED STATES DEPARTMENT OF THE INTERIOR; THE CITY OF MOAB; BUT ONLY AS RESPECTS TO THE OPERATIONS OF THE NAMED INSURED. Agenda 18M 1 © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MOAB CITY COUNCIL MEETING March 8, 2o16 Agenda Item #: 6-2 Title: Approval of a Private Property Vendor License for Moab Diner Located at 189 South Main Street to Conduct a Display on March 23, 2016 Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder/Admin/Treasurer/Planning Applicant: Moab Diner Background/Summary: This is a new application for a display at Moab Diner on March 23, 2016. Staff has reviewed the application and have found that the proposed structure meets the requirements of our vendor ordinance. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of a Private Property Vendor License for Moab Diner Located at 189 South Main Street to Conduct a Display on March 23, 2016. Recommended Motion: "I move to approve item 6-2." Attachment(s): Vendor Application T:Wendors\Moab diner\Agenda Summary Sheet moab diner 2016.docx Agenda Proposed hours of operation: Gj AM _ 1} Pi", Cry-% DATE PAID: AMOUNT PAID: RECEIPT NO.: al a3h I .1)° J7a0ya. CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL— YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET Moms, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITYOFMOAB FEE: $ (AS DETERMINED 9Y RESOLUTION) LICENSE #: ZONE: C 3 BUSINESS NAME: AA o a kn DI tieV- BUSINESS PHONE: 4)5'-251 - 'lark BUSINESS MAIUNG ADDRESS: ( S 9 Sn � "AQ w CITY: A4 gcr ll STATE: lJ I ZIP: 0 y5 77_ e-mail address: of,d-ir-er, y A ) e( 4:342),yam, J Location(s) where business will be conducted: Attach agreement of authorization from property owner(s) including employee use of Reslroom Facilities pa rk ) 0+ «fi IL 4.--PW,,e� Length of time and/or specific dates business will be conducted: W 4?c A—Pici q 1 A4 q ,,c,� 2.3.11 '7S� 1 c, 1 I Type (see definitions): 0 Cart ❑ Vehicle`Display Apparatus Vendor Type (see definitions): 0 Street Vendor b Sidewalk Vendor Private Property Vendor ❑ Local Vendor ❑ Food Vendor Goods, wares, services or merchandise 10 be sold Or offered for sale: A/6 r spk f BUSINESS OWNER'S NAME: e;E.0. C 1 tk0A.4 5 OWNER'S ADDRESS: 1 S4 OWNER'S DRNER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNER'S SOCIAL SECURITY NUMBER: OPERATOR'S NAME OF DIFFERENT FROM OWNER): r' : �p �Nom475—Z-5� r "y / � CITY: d c, 9 STATE: \/ ZIP; 7 7S3 Z OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER):IZS%7 1![�/R�jO CITY: Leedf SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FOR TAX ID: \ZC—H j�5 7-5 L L DATE OF BIRTH: PHONE: 9 �1L-(al&-137J STATE: U ! ZIP: ✓ i/T77rp PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED /F MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! THIS FORM IS AN APPUCATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN AU. INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL (IF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS C' MISDEMEANOR TO OWN 4,OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE_ �/C UW£ r -•yW 04T,HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CnY PLEASE warn wags) gs) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NONTRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. I/WE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah ( )iN4W—) �anature of Aim County of Grand } ) § SUBCRIBED AND SWORN to before me this -14'llay of rc1, rzw� NOTARY PUBLIC,, DEFINITIONS: ➢ Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. ➢ Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. ➢ Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. ➢ Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5•10: o Street Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, ➢ Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. ➢ Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. ➢ Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. ➢ Street Vendor: Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 1I/27/2013 T.'1BUSLVESSLICENSESIBUS L1C F ORMSIBUS Lie - Vendor rerisoa.docx VENDOR APPLICATION CHECKLIST ❑ DESCRIPTION OF THE DISPLAY, APPARATUS OR CART (IF APPLICABLE) INCLUDING: Cr-DIMENSIONS OF THE STRUCTURE E' rPHOTOGRAPHS OF STRUCTURE ❑ SITE PLAN TO A SCALE OF NOT LESS THAN 9/8"EQUALS ONE FOOT SHOWNG: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY ❑ LANDSCAPED AREAS WITH DIMENSIONS ❑ ALL EASEMENTS IMPACTING THE PROPERTY ❑ SIGN PLAN ❑ CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY ❑ BACKGROUND CHECK (1F PROPOSING OPERATION 1N A RESIDENTIAL ZONE) ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM ❑ HEALTH INSPECTION REPORT (IF APPLICABLE) ❑ IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OFAPPUCATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. ❑ ZONING COMPLIANCE EVIDENCE ❑ COMPLETE ATTACHED COMPLIANCE FORM ❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) ❑ FIRE OR BUILDING INSPECTION (IF APPLICABLE) ❑ COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) ❑ ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 11/27/2013 T.•1BUSINESSLILENSES{BUSL1CFORhISilinsLic- Vendor revison.docz LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: O APPROVED O DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING O APPROVED O DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: O APPROVED DISAPPROVED REASON(S): Fee Calculation: Mobile Vendor Fee Structure Administrative Fee" $.600 one time fee Solid Waste Fee/Food. vendors $10 per month or partial month Limited Term (less than 30 days) $610 Flat Fee (includes administrative fee) Long Term (1 month-12 months) $20 p-r month.(pius,admin fee.) *Waived for local vendors with permanent business address in Grand County Total Fee 11/27/2013 T.9BUSINBSSLICF.NSE,SIBUSLIC FORMSlans 1_ic - Vendor revison.doce Address: Cr Y Op. �i ‘i :� 'e0* MOAB Lit)/ of ivioab 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be lolled out by the applican • Name of Applicant: 2Yct"- l -tine 1 / Mo m5 — Business Name: 7_6.r-Cko�✓Mr-C 1 Zy 7 S, I `46(a C*-. Lam'( 5 Phone- CI 49 -676 - 73Zr Email: cr..- (t-I de) tis Co". Property Owner: Ae 1 ►I d Aaa Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): O Street Vendor OSidewalk Vendor (ii:j Private Property Vendor ❑ Local Vendor O Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): D Cart D Vehicle misplay Apparatus Detailed description of business activities: poe U� 40 ,* ft/vsE a+ _Mg4ti *1 lie_ awct1 -F-S14.445 �^� 54.1i) rgq5-c off' Total number of off-street parking spaces: Hours of operation• 64, -kirk To be_'illed out by city: Zoning: C �J Allowed use per Moab Municipal Code section: ri • 2.0,W Number of parking spaces required for permanent business. Vt'D (Si ItrrAI. SF4f,V-.S A40145(13(.0 Number of parking spaces required for other businesses. Zoning Administrator a a� 14) Date epue6v MOAB CITY COUNCIL MEETING March 8, 2o16 Agenda Item #: 6-3 Title: Approval of a Private Property Vendor License for City Market #410 Located at 425 South Main Street to Conduct a Garden Center, March 17 to June 30, 2014 Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder/Admin/Treasurer/Planning Applicant: City Market Background/Summary: Previous to the adoption of the vendor ordinance, this applicant had been approved for a Moved -on Structure permit for their garden center. The garden center structure previously approved occupied a significant portion of the applicant's required parking for their permanent business. The new vendor ordinance does not allow for required parking to be reduced by temporary structures (vendors). Staff have reviewed the proposed application and have found that the proposed structure meets the requirements of our vendor ordinance. This is the same structure that was in place last year. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of a Private Property Vendor License for City Market #410 Located at 425 South Main Street to Conduct a Garden Center, March 28 to June 30, 2016. Recommended Motion: "I move to approve item 6-3." Attachment(s): Vendor Application T:AVendors\City Market\Agenda Summary Sheet city market 2016.docx Agenda 03-01-18:02:24PM; ;4352594135 # 2/ 9 DATE PAID: AMOUNT PAID: RECEIPT No.: BUSINESS NAME: 3 -1-142 4 oe-° /7D, 3ob BUSINESS MAILING ADDRESS: e-mail address: Cm OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL —YEARLY} SU3iNESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 I FAX (435) 259.4135 PLEASE MAKE CHECKS PAYABLE TO: CRY OF MOAB IU FEE: $ (As DETERMINED BY RESOLUTION) LICENSE #: ZONE: C -3 BUSINESS PHONE: 45z,259agi CITY: i . STATE: ZIP: 845 Location(s) where business will be conducted: Attach agreement of authorization from property Including employee use of Restroom Facilities Length of time and/or specific dates business will Proposed hours of operation: owner(s) conducted: Type (see definitions): 0 Cart ❑ Vehicle 0 Display Apparatus Vendor Type (see definitions): 0 Street Vendor 0 Sidewalk Vendor Goods, wares, services or merchandise to be sold or offered for sale: „6.\-rTylm eicre 4z, ieivate Property Vendor 0 Local Vendor 0 Food Vendor BUSINESS OWNER'S NAME: �I OWNER'S ADDRESS: OWNER'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNER'S SOCIAL SECURITY NUMBER MIN `k04. STATE: PHONE: 41c:asr�J1-6 e ZIP: DATE OF BIRTH: OPERATOR'S NAME (IF DIFFERENT FROM OWNER): PHONE: OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: ZIP: SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): t NAME REGISTERED WITH THE STATE FOR TAX ID: 440 PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED W MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW.' ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! 03-01-16;02:24PM; ;4352594135 # 3/ 9 THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL OF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS MISD EANOR TO O OR TE A`BNESS IN THE CRY OF MOAB WRHOUT A CURRENT BUSINESS LICENSE. VINE HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE IS TRUE. IANE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VAUD ONLY FOR THE ABOVE MENTIONED LOCATION E PROP SR REPORTS WITH THE STATE OF UTAH. State of Utah County of Grand ) § } SUBCRIBED AND SWORN to before me this SI—, day of J A .etMZ'C7 NOTARY PUBLIC DEFINITIONS: O /6:_;>0 Date . ace r ro . JENNIE ROSS Notary Public State of Utah ruyi� `t "1.1;',./1 Comm. No. 661521 My Comm. Expires Dec 11, 2016 ➢ Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. ➢ Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. ➢ Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. ➢ Vendor:Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term `Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5•14): o Street Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, ➢ local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. ➢ Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle Idcated in a described location on private property. Merchandise may be displayed on display apparatus as defined below. ➢ Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. ➢ Street Vendor: Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. 11/27/2013 rABUSINESS LICENSESIBUS 1.1C FORMS1Bus Lk - Vendor rerison.docx VENDOR APPLICATION CHECKLIST ❑ DESCRIPTION OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING: ❑ DIMENSIONS OF THE STRUCTURE ❑ PHOTOGRAPHS OF STRUCTURE ❑ SITE PLAN TO A SCALE OF NOT LESS THAN 1/8"EQUALS 011E FOOT SHOWING: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY ❑ LANDSCAPED AREAS WITH DIMENSIONS ❑ ALL EASEMENTS IMPACTING THE PROPERTY ❑ SIGN PLAN ❑ CERTIFICATION OF INSURANCE OF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY ❑ BACKGROUND CHECK OF PROPOSING OPERATION /N A RESIDENTIAL ZONE) FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM ❑ HEALTH INSPECTION REPORT (IF APPLICABLE) IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. ❑ ZONING COMPLIANCE EVIDENCE COMPLETE ATTACHED COMPLIANCE FORM ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) ❑ FIRE OR BUILDING INSPECTION OF APPLICABLE) ❑ COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION OF APPLICABLE) ❑ ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 27/2013 T: IBUSINESSLICENSESIBUS LIC FORMSIeus Lic - Vendor revison.docx LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING ❑ APPROVED ❑ DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED in DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): Fee Calculation: Mobile Vendor Fee Structure Administrative Fee* $600 one time fee Solid Waste Fee/Food vendors $10 per month or partial month Limited Term (less than 30 days) $610 Flat Fee (includes administrative fee) Long Term (1 month-12 months) $20 per month (plus admin fee) *Waived for local vendors with permanent business address in Grand County 6 0 yTotal Fe /27/2013 T:'IBUSINESSLICENSESIBUSLIC FORMSIBus Lie - Vendor revison.docv 03-01-18;02:24PM; ;4352594135 # 9/ 9 Address: uny OI iVioao 217 East Center Street Moab, Utah 84532 t • lausiness License Zoning Compliance Application TO_ be filled out by the applicant: Name of Applicant: ,,, g , - r i I(� Business Name: C p mal kot `i ,v Lio9 5 /23024 . ' $1 0 Phone- y35- r? S) RI Email: Property owner: a'�� Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): 0Street Vendor 0Sidewalk Vendor rivate Property Vendor 0 Local Vendor 0 Food Vendor Type (see Moab Municipal Code Chapter 5.64•.010 for definitions): 0 Cart 0 Vehicle C9�fisplay Apparatus Detailed de 'ption rff buu iness activities: . ei."j (9,05P Total number of off-street parking spaces: Fours of operation - To be filled out by city: Zoning: Cr , Allowed use per Moab Municipal Code section: 11. 24.0 v`�0 Number of parking spaces required for permanent business- A49) Number of parking spaces.required for other businesses- N ! A CYY141YAA.46um yid Zoning Administrator Date •11P egolg-poomemd ;y me;Z 1,'6ugspej, sasnoyuawo, 6ZX.Z L pasodwd - Z 1091 00 = you! Taal 09 1. 001. 09 0 9Z 09 ���d sesnoquaaap meN - leVeIN epuasd PRRK f nei Lod` X641 - \14-- 4cii NEW Nielo Greel:-61.049+%Gfr,41.-n J. X)e-GO 5truauft • .$TDRE-, rid"Rtigric: 7L-9 r1RiRy<01. 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RrTIYt1.Y Te201 wallas )r7 NaM arena w I walaaa eo gnlaYoal a7•n0 aaYwoaoOrl •7313 •w'sawvn 10227 TOY vOe Naraaa eo WI eu- hra 7a •ouvxsn aNO1aa as oa TFw Glee. u an fa) aacwo7 NOLLY TY1Re aaan al1N.3•Y 141.241. raasYa mrtun galS00 S300177Y Oxw7aaa NON SNOIIYeeiaa 1r001 HO41Oe NO MW O'Bw w a.otaal Jo SNO1aY27117YI3 01Y1e0101.07 1421Y)0132 AB GOSS032 CY 130120211.111110 aavala rocs •au a1Oe 2011 E]avOOtal I aana+aa as o- Rare •.: I I I I �1 I I I Agenda Summary MOAB CITY COUNCIL MEETING 1,_ March 8, 2o16 Agenda Item #: 7-1 PL IG-32 [Title: Review and Contemplation of City Council #06-2016 Approving Phase 1, Valley View Subdivision, Located in the R-2 Zone on Property Adjacent to Mill Creek Drive and Approval of a Subdivision Improvements Agreement for the Project Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Route 46, LLC Representatives: Tim Keogh and Bill Winfield Background/Summary: The city received an application for approval of Phase One for this development on October 20, 2015. The application was referred to the Planning Commission by staff on February 11, 2016. The Planning Commission considered the development and the recommendations of staff and subsequently referred Phase One to the City Council with a recommendation to conditionally approve the plat. The phase consists of 18 lots ranging in size from 5,000 square feet to 7,602 square feet. The structures will include sixteen detached single family dwellings and two attached single family dwellings (twin homes). The required dedication for the extension of Bonita Street to the west is shown on the plat and existing storm water and trail easements from the defaulted "The Haciendas" project will remain in place. The plat and the submitted documents have been scrutinized by city staff and minor concerns still exist. It is the recommendation of staff that these concerns be made into conditions of approval for this phase and that the applicant will coordinate with city staff to address them prior to the application being referred to City Council. A memo from City Engineer Phillip Bowman discussing these concerns, is attached for your review and consideration. Also, a Subdivision Improvements Agreement is required to construct the necessary public improvements (curb, gutter, sidewalk, street surface, and city utility lines for water and sanitary sewer. This agreement functions as a contract between the city and the developer and is included for your review and discussion. Process The applicable code sections are discussed in the addendum below. l Page 2 of 2 Staff Recommendation: Staff recommends that the final plat of Phase 1 of the Valley View Subdivision be favorably recommended to City Council with the condition that the applicant continue to work with staff to address the concerns of City Engineer Phillip Bowman as stated in his memo dated January 29, 2016. Recommended Motion: I move to approve Planning Resolution #03-2016, favorably recommending approval of the final plat for Phase One of the Valley View Subdivision with the conditions that the developer/applicant adequately address to the city's satisfaction the issues in City Engineer Phillip Bowman's January 29, 2016 memo, as attached, and that the Subdivision improvements Agreement for Phase One be approved by Council. Attachment(s): Copy of Council Resolution #o-2o16 Final Plat -Phase 1 MMC Section16.16.040 establishes a time frame for recording the final plat and gives the subdivider ninety days following the approval by the city council to submit the plat to the Grand County Recorder's Office. If it is not recorded within this time frame, the plat is rendered invalid and reconsideration by both the city planning commission and the city council will be required before its acceptance. City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 MEMORANDUM To: From: Date: Subject: Jeff Reinhart, AICP, City Planner Phillip Bowman, P.E., City Engineer; January 29, 2016 Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd Engineering Comments Valley View Subdivision — Construction Plans, Final Plat, and Final Drainage Report review The Valley View Subdivision was previously reviewed by the Engineering Department with Engineering Comments provided in a memo dated December 14, 2015. In response to those Engineering Comments, the applicant has made revisions to the application documents and resubmitted the following: • Response Letter from applicant dated January 7, 2016 • Valley View Subdivision Construction Plans, dated "CONSTRUCTION SET 01-07-2016" • Valley View Subdivision Final Drainage Report, dated January 5, 2016 • Summary of Responses Letter from Goff Engineering, dated January 12, 2016 • Valley View Subdivision, Phase 1 Final Plat, revised with no date The Engineering Department has reviewed items noted above, and has the following comments. Construction Plans • Previous Comments 1 through 22 on the Construction Plans in the Memo dated 12/14/2015 have been addressed. 23. Additional detail for the storm inlets is noted on Sheet C5.1. However, the "Curb Inlet — Typical" detail shows a thinner inlet wall area in the lowest portions of the inlet — why is this? All wall thickness and reinforcement should be uniform throughout, with 6" thick walls on all sides unless supported by detailed structural calculations. 24. Water and Storm Crossing: This comment has been discussed with GWSSA. Both the City and GWSSA agree that the water line should be lowered to provide 18" clearance between the storm sewer and water per Page 1 APWA Standard Detail #543, Style A, using the "Sewer" obstruction length and clearance noted in the detail. Revise water crossing call out of 12" MIN to be 18" MIN on Sheet C3.1 and Sheet C6.1. A copy of the 2012 APWA detail is attached for reference. Construction Plans, additional new comments 41 Sheet C3.1 provides construction information for Bonita Street and the end condition at the western property line at STA 16+63. However, the end condition shown on Sheet C4.1 appears different. Please modify one or the other as appropriate so both are matching. 42 Sheet C3.1, profile information from STA 11 +29 (elev 4167.00) to STA 11+67 (elev 4166.99) does not appear correct, as this distance is basically 0.0% slope but is labeled as 0.59%. Please examine and correct as needed — this area is especially critical given the sump condition necessary for the proposed storm inlets to function as designed to intercept the full 100 design event runoff before bypassing the inlets and flowing to Mill Creek Drive. 43. Sheet C4.1 — Proposed SSMH #3 has been discussed with GWSSA, and both the City and GWSSA agree that this manhole location should be moved to STA 6+00 +/- so the manhole is built within the limits of Bonita Street (and not in the rock area beyond the street pavement). The sanitary sewer stub should still be provided to the property line, but the length of the stub will be increased to approximately 25 LF +/- and should be laid at a slope of 0.5% to allow for ease of future extension into the adjacent property. 44. Sheet C5.2 — Modify the "Infiltration Chamber" detail to include a geotextile fabric under the proposed rip rap on 2:1 slopes. Furthermore, it appears that the rip rap shown on 2:1 slopes per this detail was not installed with the original pond grading. Any existing 2:1 slopes around the pond must have rip rap installed (with geotextile as noted) per this detail. If the rip rap was installed with the original construction, no geotextile will be required. Final Plat • Previous Comment 25 on the Final Plat in the Memo dated 12/14/2015 has been addressed, and there are no new comments. Final Drainage Report • Previous Comments 26 through 40 on the Drainage Analysis in the Memo dated 12/14/2015 have been addressed, and there are no new comments. Based on the comments above, the Engineering Department believes this application is ready for consideration by the Planning Commission if the applicant agrees to address the unresolved and new comments as a condition of approval. Construction Plans with all revisions provided (and any other revised documents) must be submitted prior to consideration by the City Council. Page 2 Please call or email if there are any questions about these comments, thanks in advance. Attachment: APWA Detail #543 Page 1 3 sipeaseesee m0440.0****M1.0.01;6411•i11.1lit March 2011 STYLE A OBSTRUCTION SLEEVE OR SUPPLY AND INSTALL COUPLINGS LOCKING FOLLOWERS (TYPICAL) (TYPICAL) THRUST BLOCKS AND RESTRAINTS PER PLANS 561 AND 562. (SEE NOTE 3A FOR NON—USE) TABLE OF DIMENSIONS OBSTRUCTION ® ® SEWER OTHER 18" MIN 12" MIN 20' MIN O.D. + 48" Water main line loop 257 EXISTING WATER MAIN (TYPICAL) Plan 543 Sheet 1 of 2 CITY OF MOAB COUNCIL RESOLUTION #06-2016 A RESOLUTION CONDITIONALLY APPROVING THE FINAL PLAT FOR THE VALLEY VIEW SUBDIVISION, PHASE 1, ON PROPERTY LOCATED IN THE R-2 ZONING DISTRICT WHEREAS, Tim Keogh, representing Route 46, LLC, with a mailing address of Box 396, Moab, Utah 84532, has applied to develop 18 total residential dwellings (16 single family dwellings and 2 attached single family dwellings) for Phase 1 of the Valley View Subdivision; and, WHEREAS, the applicant provided the City of Moab with the necessary documents, plans and drawings to complete the application for the Final Plat -Phase 1 of the proposed subdivision; and, WHEREAS, the proposed lots meet or exceed the minimum required lot size for detached single family residences of five thousand (5,000) square feet for the R-2 Residential Zone as described in Chapter 17.45.030 of the Moab Municipal Code and the lot size requirements of six thousand (6,000) square feet for attached single-family dwellings ("twin homes"); and, WHEREAS, the City of Moab Planning Commission ("Commission") held a duly advertised public meeting to review the proposal and receive testimony against and/or in favor of the proposal on February 11, 2016; and, WHEREAS, the Commission, having considered Staff recommendations and discussed the pertinent aspects of the development, found that the proposed final plat of the Valley View Subdivision, Phase 1, has met or can meet the requirements of Titles 16 and 17 of the Moab Municipal Code and other applicable regulations, favorably recommends the Final Plat, Phase One, with conditions, to the City Council for the Subdivision Improvements Agreement has met or can meet the requirements of Titles 16 and 17 of the Moab Municipal Code and other applicable regulations. NOW, THEREFORE, be it resolved by the City of Moab City Council that with the adoption of Council Resolution #06-2016, the City Council approves the Final Plat, Phase 1 of the Valley View Subdivision with the following conditions: 1. The applicant is directed to work with City Staff to address the concerns of City Engineer Phillip Bowman as stated in his memo dated January 29, 2016 (attached); and 2. A Subdivision Improvements Agreement for public improvements shall be approved by the City Council. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on March 8, 2016. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Agenda Agenda VICINITY MAP I';. kt...... •.9� L. . '. 1 •_-__ '• •. 4•- 1 • gej i^ 11 I AD In. I 1 • r ti :---�--• SSG. r f= _ �.' \.. I 1 t I 1;;; I� it • •h9! •4W:' I \ _ 71- 4212 r 1 1 14 9 !4lUA8 q Sd. ,, i 4g12101 i I I 4 i - 4 7:11 I a'Al w. ••f,?:• 1 11',11 14 - • • •4 yl A 11 ' • y '•(1�- • 1•k k IS'1„ - ' •td957 THIS SUBDIVISION POINT OF BEGINNING 13S tkg. 9 X � moo. `r0• 5129 S.F. 2� 0 10 cP. s s�- 'r, 5135 S.F. uo s' 1065 E. trc; NOTES 1. LOT 29 HEREON IS RESTRICTED TO ACCESS ONLY ONTO BONITA STREET. ACCESS ONTO MILL CREEK DRIVE IS PROHIBITED. THE AVAILABLE BUILDING ENVELOPE, IN CONSIDERATION OF SETBACKS AND EASEMENT BOUNDS, IS 1,798 SQUARE FEET. 2. LOT 2 HEREON IS RESTRICTED TO A HEIGHT LIMIT OF 18 FT. TOTAL ABOVE GROUND AT THE BUILDING FOOTPRINT. 3. COVENANTS, CONDITIONS & RESTRICTIONS (CC&R's) FOR THIS DEVELOPMENT ARE RECORDED IN BOOK , PAGE OF THE GRAND COUNTY RECORDERS OFFICE. 4. THE HATCHED AREA SHOWN IS NOT WITHIN THE BOUNDS OF THIS PHASE I OF VALLEY VIEW SUBD. BUT IS BEING CONVEYED AS A PUBLIC UTILITY EASEMENT TO MOAB CITY BY SEPERATE CONVEYANCE. SAID CONVEYANCE WILL BE RECORDED CONCURRENT WITH THIS PLAT. 5. THE AVAILABLE BUILDING ENVELOPE FOR LOT 27, IN CONSIDERATION OF EASEMENT BOUNDS AND SETBACKS, IS 2,315 SQ. FT.. 6. THE AVAILABLE BUILDING ENVELOPE FOR LOT 28, IN CONSIDERATION OF EASEMENT BOUNDS AND SETBACKS, IS 2,315 SQ. FT.. 7. PARCEL A, THE RETENTION POND PARCEL, IS DEDICATED TO VALLEY VIEW HOMEOWNER'S ASSOCIATION, WHICH WILL HAVE THE OBLIGATION TO MAINTAIN SAME UNDER THE DECLARATION OF COVENENTS, CONDITIONS, AND RESTRICTIONS RECORDED AT BOOK , PAGE OF THE GRAND COUNTY RECORDERS OFFICE. 8. THE 10 FT. WIDE PEDESTRIAN PATH EASEMENT IS HEREBY DEDICATED TO, AND SHALL BE MAINTAINED, BY THE CITY OF MOAB. 6p' i (.) 1073 E. N61 p,0)0 11 00 5812 S.F. den V21 1062 E. u 8 �j% 5128 S.F. s1079 E. 0 F O `s0. z-i 5' ya p0 s6° 1 0�0 'S•Y 'a G 12 5331 S.F. 1064 E. 0 ti� 7 so. d'• 5128 S.F. -1 1087 E. O, rya S61 ° pp '5g 1A•1 6<D �.5 0 cps -y0 A FINAL PLAT OF VALLEY VIEW SUBDIVISION, PHASE I IN THE NE1 /4 SECTION 7, T 26 S, R 22 E, SLM, s ��, 5128 S.F. 0 1095 E. O, F F�• 1p . t9 �a 5 so. `-'"• 5128 S.F. �64 1103 E. ,�'( O, S- � y EP \\> ti'I °DN. Q 6 so. • IT130 A 4:;\ ° p0 0 SEE NOTE #4 REGARDING HATCHED AREA 0 LEGEND r, 6 �22 L9 4 s �(53N 5128 S.F. 04 1111 E. 5' 6 , � 3 �cp. sue, 5128 S.F. 0.,, 1119 E. o. s 24-B ��� 3788 S.F. 24-A`.0 u'°. 1104 E. 3814 S.F. c^ s SEE NOTE 2 5128 S.F. O� 1127 E. (.5`o. S NcP, S0 _A• 0 F *\\V"`" F�. 1p co cs) 25 .ice% 5001 S.F. `ram, 1110 E. �O, 1098 E. eve• D(ti' 2r,�s0 S6012'46"W vo., 17.26' R=50.00' L=10.02' C=N67'41'44"W 10.00' 1 F V10A3 CITY, GRAND COUNTY, UTAH O r 20' WIDE STORM DRAIN O. EASEMENT, 10' EACH SIDE OF LOT LINE r �5 43" ��� Z �,F-� cP, \\SS- sue. 26 moo, `\-i-3 5000 S.F. `sco ue 1116 E. Os Oi9. F v: s 0 PARCEL A 19,028 S.F. SEE NOTES 7 & 8 HEREON O. Q� 0 o) O N 2 OO 5/8" REBAR WITH PLASTIC CAP AT LOT CORNER (TO BE SET) • FOUND REBAR MONUMENT THIS SURVEY FOUND GOVERNMENT BRASS CAP MONUMENT PROPOSED FIRE HYDRANT AREAS OF AVAILABLE BUILDING ENVELOPES FOR SELECT LOTS (SEE NOTES 1, 5 & 6). GRAPHIC SCALE 50 0 25 50 100 F c. 3 hc\4, 00) ,h0 N S 9 6 g6 � t-P S28'57'30"E 6.23' S20'59'31 "W 67.83' 200 ( IN FEET) 1 INCH = 50' S84'46'20"E r13.11' '55 Z A$' NLA 29 0, _ 2 50S.F.. � � � �� 114600 E. �, 'cP� F- �;, SEE NOTE 1 -cp bi ti9 28 °: `nr' S000 S.F. sO �� g Gp�,l� �O sue' 1136 E. 'o� 'Da5 `('\ 27 'c?5, o� SEE NOTE 5 5000 S.F. 1126 E. SEE NOTE 6 0 51 n 05 1 6 b- 0 �9 1N 66 2� 9 s,.5.,i7„ 24.96 CENTERLINE OF 10 FT. WIDE PEDESTRIAN PATH EASEMENT 20' WIDE STORM DRAIN EASEMENT, 10' EACH SIDE OF LINE PROPERTY CORNER TO CENTERLINE OF EASEMENT=9.5 CURVE TABLE CURVE# LENGTH RADIUS CHORD BEARING CHORD APPROVED THIS PUBLIC WORKS APPROVAL DAY OF A.D. 20 , BY PLANNING COMMISSION CERTIFICATE APPROVED THIS DAY OF A.D. 20 MOAB CITY PLANNING COMMISSION. , BY CHAIRMAN MOAB CITY PLANNING COMMISSION MOAB CITY ENGINEER'S APPROVAL I HEREBY CERTIFY THAT I HAVE HAD THIS PLAT EXAMINED BY THIS OFFICE AND IT IS CORRECT AND IN ACCORDANCE WITH INFORMATION ON FILE IN THIS OFFICE. DATE MOAB CITY PUBLIC WORKS DIRECTOR MOAB CITY COUNCIL APPROVAL PRESENTED TO THE MOAB CITY COUNCIL THIS DAY OF , A.D. 20 VALLEY VIEW SUBDIVISION, PHASE I WAS ACCEPTED AND APPROVED. BASIS OF BEARINGS EAST 1/4 CORN R OF SECTION 7, SE CORNER OF ECTION 7, APPROVAL AS TO FORM APPROVED AS TO FORM THIS DAY OF SURVEYOR'S CERTIFICATE I, TIMOTHY M. KEOGH , DO HEREBY CERTIFY THAT I AM A REGISTERED UTAH LAND SURVEYOR, AND THAT I HOLD CERTIFICATE NO. 171004 AS PRESCRIBED UNDER THE LAWS OF THE STATE OF UTAH, AND I FURTHER CER— TIFY THAT UNDER AUTHORITY OF THE CITY OF MOAB, UTAH I HAVE MADE A SURVEY OF THE TRACT OF LAND SHOWN ON THIS PLAT AND DESCRIBED BELOW, AND HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS AND STREETS, HERE— AFTER TO BE KNOWN AS VALLEY VIEW SuBDIVISION, PHASE I, AND THAT SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE GROUND AS SHOWN ON THIS PLAT. BOUNDARY DESCRIPT ON MOAB CITY, GRAND COUNTY, UTAH, AND MORE PAR7..,CLARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS N 79'46'00"W 1667.34 FT. 90.52 FT., THENCE ALONG THE ARC OF 50.00 FT. RADIUS CURVE TO THE LEFT 10.02 FT. (SAID CURVE HAS A CHORD WHCH BEARS N 61.03'00"W 72.45 FT., THENCE ALONG THE ARC OF A 14.00 FT. RADIUS CURVE TO THE LEFT 21.99 FT., (SAID CURVE HAS A CHORD WHICH THENCE N 21°41'30"W 245.93 FT. TO THE POINT OF BEGINNING AND CONTAINING 2.95 ACRES, MORE CR LESS.. DATE TIMOTHY M. KEOGH OWNERS DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF THE ABOVE DESCRIBED TRACT LAND, HAVING CAUSED SAME TO SUBDIVIDED INTO LOTS AND STREETS HEREAFTER TO BE KNOWN AS THE VALLEY VIEW SUBDIVISION, PHASE I DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE. IN WITNESS WHEREOF WE HAVE HEREUNTO SET OUR HANDS THIS TIMOTHY M. KEOGH, MANAGER/MEMBER WILLIAM W. WINFIELD, MANAGER/MEMBER ACKNOWLEDGMENT STATE OF UTAH COUNTY OF S.S. ON THE DAY OF A D , 20 PERSONALLY APPEARED BEFORE ME, THE UNDERSiGNED NOTARY PLIBL C, IN AND FOR THE COUNTY OF IN SAID STATE OF UTAH, THE SIGNER( ) OF THE ABOVE OWNERS DEDICATION, IN NUMBER, WHO, DULY ACKNOW— LEDGED TO ME THAT SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. MY COMMISSION EXPIRES NOTARY L_JBLIC VALLEY VIEW SUBDIVISION, PHASE I IN THE NE1/4 SECTION 7, T 26 S, R 22 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, LOCATED AT 930 MILL CREEK DRIVE, MOAB, UTAH TY ATTORNEY PREPARED BY P.O. BOX 396 COUNTY RECORDER NO. STATE OF UTAH, CO. OF , RECORDED AT THE REQUEST OF DATE TIME BOOK PAGE FEE GRAND COUNTY RECORDER AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 8, 2016 Agenda Item #: 7-2 iSY O ` MOAB 1 Title: Approval of Task Order #16-01 with Bowen Collins & Associates, Inc. accepting the Scope of Work for the Wastewater Treatment Plant Outfall Evaluation with a fee amount not to exceed $14,708 Fiscal Impact: $14,708 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Consultant: Bowen Collins & Associates, Inc. (BCA) Background/Summary: This project will evaluate and analyze the existing effluent outfall pipe at the Wastewater Treatment Plant (WWTP), and provide a Recommended Alternative for the design of outfall pipe improvements to be constructed with the new WWTP. The Final Design of the new WWTP facility was started in December 2015, and is approximately 30% complete. During the Preliminary Design phase of the project, the project consultant and City staff discussed the capacity of the existing outfall pipe that conveys the treated effluent from the WWTP to the permitted discharge location at the Colorado River. It was confirmed that the size of the existing outfall pipe would provide the necessary capacity to serve the new WWTP, but the condition of the pipe was unknown. The outfall pipe was built with the existing WWTP and is over fifty years old, and the primary concern was that the outfall pipe had reached the end of its design life expectancy. The consultant and City staff discussed and evaluated the situation, and it was agreed that the existing outfall pipe would remain in place to serve the new WWTP in order to minimize the capital cost of the new plant construction. Furthermore, it was agreed that any future expansion of the new WWTP would trigger the need for additional capacity in the outfall pipe, so a new outfall line would be a necessary component of the future plant expansion. As the Final Design has progressed, the opportunity became available for City staff to investigate and confirm the condition of the existing outfall pipe during the winter months when less wastewater flow is being treated by the plant. Using City owned TV scoping equipment, staff was able to collect video of the inside of the pipe to provide a definitive means of assessing the pipe condition. Approximately four hundred (400) feet of the pipe was TV'd, and the video was carefully Agenda evaluated by City staff and the consultant. It is agreed by both staff and the consultant that the current condition of the existing pipe has deteriorated to the point that warrants full replacement of the outfall pipe with the new WWTP construction. While it was hoped that the condition of the pipe would allow for its continued use, it was not completely unexpected to find a deteriorated condition given the age of the pipe. Replacement of the outfall pipe will increase the overall cost of the new plant project, but it is a necessary improvement that cannot be delayed until a later date as originally planned. The Scope of Work included with this Task Order will evaluate the alternatives available for the new outfall pipe, and will prepare cost estimates for the viable alternatives. After review of the alternatives and costs estimates with City staff, the consultant will proved a recommended alternative to the City. The final design of the recommended alternative will then be added to the scope of the WWTP Final Design (a Task Order approved by City Council on December 8, 2015) as a Change Order, and the new outfall pipe will be included as part of the new WWTP construction project. This Task Order is budgeted in Fiscal Year 2015/2016 as part of "Professional & Technical Services" in the Engineering Department — General Fund budget. Options: The Council may approve, approve with conditions, deny, or postpone the item. Staff Recommendation: Staff recommends approval of the Task Order to complete the Wastewater Treatment Plant Outfall Evaluation. Recommended Motion: "I move to approve Task Order #16-01 with Bowen Collins & Associates, Inc., accepting the Scope of Work for the Wastewater Treatment Plant Outfall Evaluation with a fee amount not to exceed $14,708." Attachments: Task Order 16-01, with Exhibit A (Scope of Work) and Exhibit B (Fee Estimate) Agenda Bowen Collins Abie& Associates, Inc. CONSULTING ENGINEERS TASK ORDER NO. 16-01 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: City of Moab Utah Effective Date of Master Agreement: April 22, 2014 THIS TASK ORDER NO. 16-02 TO THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES (this "TASK ORDER") is made and entered into as of the day of 2016, by and between City of Moab, Utah (herein called OWNER) and Bowen, Collins and Associates, Inc., a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: Moab WRF Outfall Evaluation. The PROJECT SITE is the City of Moab, Utah. 2. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER is attached hereto as Exhibit A. 3. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $14,708.00. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the PROFESSIONAL SERVICES AGREEMENT. 4. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within three months after authorization to proceed. 5. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made a part of the MASTER AGREEMENT FOR PROFESSIONAL SERVICES. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. CITY OF MOAB, UTAH (OWNER) BOWEN, COLLINS & ASSOCIAT By: By: Printed Name: Printed Name: Its: Its: Attest: GINEER) Agenda Bowen Collins & Associates, Inc. J, CONSULTING ENGINEERS EXHIBIT A — TASK ORDER 16-01 SCOPE OF SERVICES FOR MOAB WRF OUTFALL EVALUATION AND DESIGN BACKGROUND The City of Moab is currently in the design phase of replacing the existing Moab Wastewater Treatment Plant (WWTP). The City has contracted with Bowen Collins & Associates (BC&A) to prepare construction documents for the new Water Reclamation Facility (WRF). Treated effluent from the existing WWTP is discharged into the Colorado River. The effluent is conveyed through an existing 18-inch diameter concrete outfall pipeline. The pipeline is approximately 1,800 ft. long with one concrete manhole located near the mid -point. It has been assumed that the new WRF will continue to use the existing outfall to transmit- effluent to the river. The City recently completed a video inspection of a portion of the outfall pipeline which identified significant corrosion and deterioration of the line and extensive root penetration. The condition of the pipeline was determined to require repair or replacement in order to provide continued safe and effective long term service. The purpose of is Task Order is to complete a preliminary evaluation for rehabilitating or replacing the outfall pipeline. This Task will recommend a method that will enable the outfall to reliability meet the existing and future flows of the Moab WRF for an assumed 50-year future design life. Upon completion of Task 1, BC&A will work with the City to establish a scope and fee for final design of the recommended improvements. TASK DESCRIPTIONS TASK 1.0 — OUTFALL EVALUATION Task 1.1 — Hydraulic Evaluation and Requirements BC&A will evaluate the hydraulic capacity of the existing outfall pipeline. Existing design drawings will be collected and reviewed. Future capacity requirements will be also be identified. The existing pipeline will be evaluated to determine its ability to meet future flows. Task 1.2 — Outfall Rehabilitation Evaluation BC&A will evaluate multiple alternatives for repairing or replacing the outfall pipeline. Alternatives will include: l Agenda " C u r e - I n - P l a c e P i p e ( C I P P ) �% P i p e B u r s t i n g " R e p l a c e m e n t A l o n g E x i s t i n g A l i g n m e n t " R e p l a c e m e n t w i t h N e w A l i g n m e n t E a c h a l t e r n a t i v e w i l l b e d e v e l o p e d t o a c o n c e p t u a l p h a s e i n c l u d i n g c o s t e s t i m a t e s . B C & A w i l l c o m p l e t e a n a l t e r n a t i v e a n a l y s i s f o r e a c h o p t i o n i n c l u d i n g : a b i l i t y t o m e e t c a p a c i t y n e e d s , c o s t e s t i m a t e s , e n v i r o n m e n t a l v i a b i l i t y , e t c . B C & A w i l l a l s o h a v e i n i t i a l c o n s u l t a t i o n s w i t h c o n t r a c t o r s o f t h e v a r i o u s c o n s t r u c t i o n m e t h o d s t o i d e n t i f y a n y r e l a t e d i n s t a l l a t i o n o r c o n s t r u c t a b i l i t y c o n c e r n s . T a s k 1 . 3 O u t f a l l S t r u c t u r e E v a l u a t i o n B C & A w i l l e v a l u a t e s e v e r a l a l t e r n a t i v e s f o r r e p l a c i n g t h e o u t f a l l s t r u c t u r e l o c a t e d o n t h e b a n k o f t h e C o l o r a d o R i v e r . T h e e x i s t i n g o u t l e t s t r u c t u r e h a s b e e n e r o d e d a n d h a s c a u s e d s e v e r a l s e g m e n t s o f p i p e t o b e u n d e r m i n e d a n d f a l l i n t o t h e r i v e r . B C & A w i l l l o o k a t t h e p o s s i b i l i t y o f u s i n g o u t f a l l s t r u c t u r e f o r e f f l u e n t a e r a t i o n . B C & A w i l l a l s o i d e n t i f y t h e p e r m i t s r e q u i r e d f o r r e p l a c e m e n t o f t h e o u t f a l l s t r u c t u r e . T h e r e c o m m e n d a t i o n w i l l i n c l u d e c o n c e p t u a l d e s i g n , p r e l i m i n a r y o p i n i o n o f p r o b a b l e c o s t s , a n d e s t i m a t e d c o n s t r u c t i o n s c h e d u l e T a s k 1 . 4 R e c o m m e n d e d A l t e r n a t i v e B C & A w i l l i d e n t i f y a n d r e c o m m e n d e d t h e b e s t a l t e r n a t i v e f o r r e h a b i l i t a t i n g o r r e p l a c i n g t h e e x i s t i n g o u t f a l l p i p e l i n e a n d t h e o u t l e t s t r u c t u r e . T h e r e c o m m e n d a t i o n w i l l i n c l u d e c o n c e p t u a l d e s i g n , p r e l i m i n a r y o p i n i o n o f p r o b a b l e c o s t s , a n d e s t i m a t e d c o n s t r u c t i o n s c h e d u l e . T a s k 1 D e l i v e r a b l e : D r a f t a n d f i n a l t e c h n i c a l m e m o r a n d a s u m m a r i z i n g t h e e v a l u a t i o n a n d r e c o m m e n d a t i o n s , a n d p r e s e n t a t i o n t o a n d d i s c u s s i o n w i t h C i t y s t a f f N o t e : A d d i t i o n a l i n s p e c t i o n o r s u r v e y o f t h e e x i s t i n g p i p e l i n e m a y b e r e q u i r e d p r i o r t o f i n a l d e s i g n . ( i . e . v i d e o i n s p e c t i o n o f t h e e n t i r e p i p e l i n e w i l l m o s t l i k e l y b e r e q u i r e d p r i o r t o d e s i g n o f C I P P o r b u r s t i n g a l t e r n a t i v e s . ) T h i s s c o p e d o e s n o t i n c l u d e d t h i s i n s p e c t i o n o r s u r v e y , h o w e v e r c a n b e a d d e d u p o n r e q u e s t . T A S K 2 . 0 F I N A L D E S I G N S c o p e a n d F e e f o r F i n a l D e s i g n S e r v i c e s w i l l b e n e g o t i a t e d a f t e r c o m p l e t i o n o f T a s k 1 . 2 A g e n d a sasuadxa pe;elan pero.d say;o uo dnxsen %O L snot' JOgel/OO'L$ le 961e110 suogeoiunwwoopa;ndwo0 el!le/SL 0$ le;uewessnglulas a6ealiy� apnlow sasuadxa 80f41- $ OM $ 899'£L 4 Ott 4 8Z 0 0 0 O 9S ZZ 01. ST1/101 $ $ $ 0 0 0 0 0 0 0 0 0 0 lelowns - aseyd uol;ons;suop $ S $ 0 ' $ $ $ 0 $ S $ 0 $ $ S 0 _ amid uouon.usuo9_ o_'b_ - $ $ - $ 0 0 0 0 0 0 0 0 0 0 IelolgnS - aseyd 6ulpplg • S $ • S 0 $ • $ S 0 $ • $ $ 0 • s • $ $ 0 eseyd BulPPU 0'£ $ $ $ 0 0 0 0 0 0 0 0 0 0 le;o;qns - aseyd u6lsea leula $ $ $ 0 • $ $ $ 0 • $ $ • $ 0 $ • $ $ 0 aseyd u6lsap Ieurd 07 80L'4L $ 048 $ 898 £L $ OZl 4 8Z 0 0 0 0 99 ZZ OL lelolgns- uoRenlena neln0 49C9 S ZZE_ $ Z44 S $ 94 SL 9L e g suogepuewwooaN 4 L 489 L S 86 $ 99$ L $ bL 4 8 Z uo9enlen3 am;onslS I1elln0 E L 04L S $ 9E£ $ 404'S $ 84 4 8 4Z g 4 uol;enlen3 uoge;iligeyaa Ilelln0 Z L OZS l $ 48 $ 9E17 L $ 21. g 4 uo9enlen3 ollnespAH L L uogsnle+L3llelln0 0'1. l uondNosea meal •oN xsel 49S %LS OLL$ 6LLE L£LS £1,L$ LOLS S4L$ SEL$ elea sogei" ilEIS 11e1S sepuesl gpwS usosls6unoA sine❑ oinoNllad ueuipag ssaneol 1491S umpe ado adeospuei 0gl leouP,)2 legrtnns;g -6u3;oaio.d i6un 10.1,1 mainam ue$ fuoCele0 Jogei ;sop le;ol sesuedx3 Jowl lelolgns smell lelolgns (9 L0Z ieeA iepuelep Jo; salsa Bul1118) leuuosled selepossy pue su!!!op'Limos All paiedaid aleums3 aad pue inoH-ung Bupaeu!Bu3 uollen!en3 aunad!d II41110 d11M geovg 1.0-9L JaPJO - 8 wutix3 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 8, 2016 Agenda Item #: 7-3 a O ` MOA 1 Title: Approval of Task Order #16-02 with Bowen Collins & Associates, Inc. accepting the Scope of Work for the Wastewater Treatment Plant Permit Renewal Assistance project with a fee amount not to exceed $8,962 Fiscal Impact: $8,962 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Consultant: Bowen Collins & Associates, Inc. (BCA) J Background/Summary: This project will allow Bowen Collins & Associates (BCA) to provide assistance to City Staff to complete all the necessary documentation and analysis associated with the Utah Pollutant Discharge Elimination System (UPDES) permit renewal process for the Moab Wastewater Treatment Plant (WWTP). The UPDES permit for the Moab WWTP must be renewed every five (5) years to allow discharge of treated effluent to waters of the State. The Moab WWTP discharges treated effluent to the Colorado River, and the UPDES permit that allows this discharge must be renewed in 2016. The UPDES permit renewal process is administered by Utah Department of Environmental Quality (UDEQ) staff, and these same staff members have been frequently consulted by BCA about the design and permitting requirements of the new Moab WWTP. Since BCA and UDEQ have worked so closely together on the new WWTP, it will be very efficient and cost effective to have BCA work with the same UDEQ staff on our existing plant UPDES permit renewal. In addition, once the new WWTP plant is complete in 2018 an updated UPDES permit will be issued. By having BCA assist with our existing plant UPDES permit renewal now, BCA will also be prepared for the permit update process in 2018. This Task Order is budgeted in Fiscal Year 2015/2016 as part of "Professional & Technical Services" in the Engineering Department — General Fund budget. Agenda Options: The Council may approve, approve with conditions, deny, or postpone the item. Staff Recommendation: Staff recommends approval of the Task Order to complete the Wastewater Treatment Plant Permit Renewal Assistance project. Recommended Motion: "I move to approve Task Order #16-02 with Bowen Collins & Associates, Inc., accepting the Scope of Work for the Wastewater Treatment Plant Permit Renewal Assistance project with a fee amount not to exceed $8,962." Attachments: Task Order 16-02, with Exhibit A (Scope of Work) and Exhibit B (Fee Estimate) Agenda Bowen Collins & Associates, Inc. CONSULTING ENGINEERS TASK ORDER NO. 16-02 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: City of Moab Utah Effective Date of Master Agreement: April 22, 2014 THIS TASK ORDER NO. 16-02 TO THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES (this "TASK ORDER") is made and entered into as of the day of 2016, by and between City of Moab, Utah (herein called OWNER) and Bowen, Collins and Associates, Inc., a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: Moab WRF UPDES Permit Assistance and Previous Year Analysis. The PROJECT SITE is the City of Moab, Utah. 2. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER is attached hereto as Exhibit A. 3. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $8,962.00. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the PROFESSIONAL SERVICES AGREEMENT. 4. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within three months after authorization to proceed. 5. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made a part of the MASTER AGREEMENT FOR PROFESSIONAL SERVICES. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. CITY OF MOAB, UTAH (OWNER) BOWEN, COLLLINSySES (ENGINEER) By: By: (n, Printed Name: Printed Name: 7 Its: Its: e fe$4c6itt Attest: Agenda Bowen Collins & Associates, Inc. CONSULTING ENGINEERS EXHIBIT A — TASK ORDER 16-02 SCOPE OF SERVICES AND FEE ESTIMATE FOR MOAB WRF UPDES PERMIT RENEWAL ASSISTANCE AND PREVIOUS YEAR ANALYSIS BACKGROUND Moab City needs to renew the Utah Pollutant Discharge Elimination System (UPDES) permit that allows the City to discharge treated wastewater effluent to the Colorado River. The Utah Department of Environmental Quality (UDEQ) administers and regulates the UPDES permits with oversight from the US Environmental Protection Agency (EPA). Historically, the renewal process has required minimal effort; however in recent years UDEQ has adopted a new renewal process that requires submittal of multiple EPA forms along with supporting information. SCOPE OF WORK Moab City has requested BC&A assistance in preparing the documentation necessary to complete the renewal forms. BC&A will work with City staff to collect and review all available historical effluent data necessary to complete the forms. BC&A will organize data and will fill out the forms. BC&A will prepare necessary site and vicinity maps. BC&A will review application forms with the City. The City will execute the application and will submit to the UDEQ. In addition, BC&A will summarize 2015 laboratory test data for the WWTP effluent for presentation to City Council. BC&A will work with City Staff to analyze the data and then present the information to the City Council. This task order includes data analysis, presentation preparation and attending one City Council Meeting. Note: It is assumed that Moab City has necessary information required to complete the renewal application. This scope does not include any effluent water quality sampling. 1 Agenda sasuadxa pa;ela.';oafad Jay;o uo &wen % 0 L moq Foge1/001S;e a6leyD suogeolunwwoopelndwoo allw/SEOS le;uewesingwlal abeam :apnloul sasuadxa Z96'8 S 869 v908 48 0 1z 0 0 0 0 Z£ Z£ 0 STViDi 860 4 S 91.9 S _ 084•E S bz yZ uoge;uesaid pue splieuy JeaA snolnald n•Z 499'4 S 09Z S vse b s 04 Zt 9 aouels=ssy lenNauau liwiad 530df1 0 1 _ uoµdp*sarp Nsei •oN nisei 49S OLLS 04S 61.1.5 LEIS SKS tOIS 941.c SELS a;ea Fogel PIS eels sepuesi gips wog;s6unoA sine❑ DLA°N ad uewloa8 sJaneW 4e1S1 wwpH ndD eaeospuei DVI WJlil e3 IegianliS oua;oefa,a Zaini joi,+ nnalnaH lies monalennoel ;so0 mai sasuadxa .]oge-1 le;omns smoH 1elo;gnS (gym.teaA Jepualeu Jo; sales Eug119i leuuosked sa;epossy pue sumo° `uemo8 Aq pendeid emums3 eej pue JnoH-uegg 6upeeupu3 apue;sRssd Remeuem;Ruled sawn Aim gem ZO-94 JepJO ASel - 811914X3 / t AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 8, 2016 Agenda Item #: 7-4 Title: Approval of Change Order #1 for the existing Task Order with Horrocks Engineers accepting the Scope of Work modifications for the 2015 Sanitary Sewer Improvements project with an increased fee amount not to exceed $8,265 Fiscal Impact: $8,265 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Consultant: Horrocks Engineers (HE) Background/Summary: This Change Order is required to address the additional Scope of Work needed to complete Task Order #4 with Horrocks Engineers that was approved by the City Council on October 27, 2015. The design of the 2015 Sanitary Sewer Improvements project was started in November 2015, and the consultant had completed approximately 80% of the work on the project when an unanticipated condition was identified. Based on discussions between the consultant and City staff, it was decided to perform material testing on the existing sanitary sewer lines being replaced with this project to determine if the concrete pipe contained asbestos. Several of the pipe material samples did contain asbestos, so it was further decided to test all of the sanitary sewer pipe impacted by this project so the exact limits of asbestos containing pipe could be identified to contractors bidding on the project. The presence of asbestos containing pipe will increase the construction cost of this project, but City staff feels the current project budget is adequate to complete the project. This Change Order will compensate the consultant for the asbestos sampling and testing not included in the original scope of work, and for the additional effort necessary to modify the plans, specifications, and construction estimates due to the presence of asbestos in the existing pipes. Additional scope was also added to the project to replace a water line in Cermak Drive that is impacted by the construction of the new sanitary sewer line. This Task Order is budgeted in Fiscal Year 2015/2016 as part of the "Sewer Line Replacements" project in the Water & Sewer Fund Capital Budget. 1 Agenda Options: The Council may approve, approve with conditions, deny, or postpone the item. Staff Recommendation: Staff recommends approval of Change Order #1 for the existing Task Order for the 2015 Sanitary Sewer Improvements project. Recommended Motion: "I move to approve Change Order #1 for the existing Task Order with Horrocks Engineers accepting the Scope of Work modifications for the 2015 Sanitary Sewer Improvements project with an increased fee amount not to exceed $8,265." Attachments: Change Order #1 Form, with back up documentation Agenda CITY OF MOAB CHANGE ORDER PROJECT: 2015 Sewer Rehabilitation CHANGE ORDER #: 1 Task Order #4 TO (CONSULTANT): Horrocks Engineers DATE: March 2, 2016 OWNER: City of Moab Consultant: you are directed to make the following changes in the scope of work. All other terms and conditions of the Task Order not expressly modified hereby shall remain in full force and effect. Item (Bid) Description Quantity Unit Unit Cost Total Cost Asbestos sampling and testing, Cermak water line 1 LS $8,265 $8,265 Total Change in Contract $8,265.00 JUSTIFICATION During the process of preparing the Sewer Rehabilitation Plans asbestos materials where suspected. Testing and sampling of the pipe material ensued to determine the presence of asbestos material. Plans and specifications will be modified to reflect asbestos material. Addition of a main water line has been added to Cermak Drive. The related correspondence and back-up documents are attached to this Change Order. The Original Contract Sum was $40,696 Net Change by previous Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 40,696 The Contract Sum will be increased by this Change Order $ 8,265 The new Contract Sum including this Change Order will be $ 48,961 The Contract Time will be adjusted as follows - Substantial Completion Date N/A Final Completion Date N/A City of Moab Contractor David L. Sakrison, Mayor Attest: Rachel Stenta, City Recorder Agenda 2162 West Grove Parkway Ste 400 Pleasant Grove, Utah 84062 www.horrocks.corn February 29, 2016 HORROCKS ENGINF FRS City of MoabDivision of Drinking Water ATTN: Phillip Bowman 217 East Center Moab, UT 84532 Subject: Moab Sewer Rehabilitation 2015 Project Contract Modification Dear: Mr. Bowman Tel: 801.763.5100 Salt Lake line 801.532.1545 Fax: 801:763.5101 In state toll free: 800.662.1644 Per our discussions on the City of Moab Sewer Rehabilitation project some unexpected items in addition to the original scope of work need to be completed to complete the design of the project. 1. Discovery of asbestos material in the existing sewer piping material. Horrocks has contracted with Health and Safety Services to perform on site field sampling of the pipes within the project, perform laboratory test of those samples for the presence of asbestos and provide a specification for the management of removal of asbestos materials. Horrocks will modify the plans to show locations of asbestos material and include specifications for proper handling of the material. I have attached the email for the services of Health and Safety Services. These costs for sub consultant are passed on directly to the City without any markup. 2. Design of culinary water line on Cermak Drive. The addition of a culinary water line and complexity of the Cermak lines have added additional waterline sheet and time to complete the design. Attached is the cost estimate to complete this work. If you have any questions or concerns please feel free to call me. Sincerely, HORROCKS ENGINEERS fsk ! f � Dave Dillman, P.E. cc: file Agend 0:V20141PG-010-1405 Moab City General Engineering1Task 4 - 2015 Sewer Rehabilation\Management\Moab Sewer Contract Mnrl r(ocx al Exhibit A Moab City 2015 Sewer Improvement Project Contract Modification #1 Task 8 Description Total Cost Total Hours Principal Engineer II, P.E. Engineer -In- Training It Senior Design Technician II Senior CAD Technician CAD Technician Vac TrucNlCamere Tech Licensed Surveyor SurveyodROW Technician Clerical BILLING RATE $166 $89 $117 $78 S55 $53 $108 560 552 TASK 1: Project Management $498 3 3 Project oversight, coordination TASK 2: Asbestos Pipe Investigation Revise plans and specifactions to reflect asbestos pipe materials $2,160 25 3 6 4 12 TASK 3: Design - Prepare design plans, specifications and contract documents ton Cermak water line $1.582 20 2 4 2 12 Total Labor $4,240 48 S to S 24 Direct Costs: other consultant: Health and Safety Services Mileage Traffic Control TOTAL DIRECT COSTS Design Engineering Total $4,025 $4.025 $8,265 TOTAL $8,265 Go.201410 G. - 905 Mose City General EngfneennalTask 4. 2015 Sewer Rebebitation04anagementWeab 2106 Sewer Design Cannot Mod al Agenda 2/26,2016 Dave Dillman From: Tad Ogden <tad@hss-enviro.com> Sent: Wednesday, January 13, 2016 1:41 PM To: Dave Dillman Subject: Pipe Testing in Moab Dave, The cost for sampling the pipe will not exceed $1,550. Cost for producing a Transite Pipe Removal Specification will not exceeill,315. ^~ I have someone working on the estimated abatement costs but they will need to know how many linear feet of pipe per day will be installed (abated and replaced) in order to estimate mobilizations and total project length. If you can get this info to me asap I'll send you an abatement estimate. Thanks for the call! Tad Ogden, MPH Principal HEALTH AND SAFETY SERVICES 2037 South Main Street Salt Lake City, Utah 84115 m 801.651.5880 o 801.355.1456 f 801.355.1557 PLEASE NOTE MY NEW EMAIL ADDRESS: tad(a�hss-enviro. com Agenda Dave Dillman From: Tad Ogden <tad@hss-enviro.com> Sent: Friday, February 26, 2016 1:33 PM To: Eric Johanson Cc: Dave Dillman; Phillip Bowman Subject: Re: Moab Sewer project: Cost All, HSS cost for this service will not exceed $1,150.00 Sincerely, Sent from my phone. On Feb 23, 2016, at 12:21 PM, Eric Johanson <ejohanson moabcity.org> wrote: Dave, No PVC. The pipe under 191 is concrete. Eric On Mon, Feb 22, 2016 at 12:05 PM, Dave Dittman <Dave cr,horrocks.com> wrote: Tad, After talking with Phillip at the City we would like to be sure where we have asbestos pipe. I have marked up a set of drawings showing where asbestos was detected, not detected and locations where we would like to verify if the pipe is asbestos or not. I have marked in blue additional locations we would like to test the pipe for asbestos. Could you give me a price to perform this work. Eric/Obe, Could you check on the GIS information/ video and field notes to see if we could determine if any of the pipes in question are PVC? The pipe crossing US-191 may be PVC? David H. Dillman, P.E. , Principal IIOititOtKS I.\ 1.1 1i 2162 W. Grove Parkway, Suite 400 Pleasant Grove, Utah 84062 Work 801 763 5142 I Fax 801 763 5101 I Mobile 801 376 7330 Email daveCa horrocks.com ! , Front: noreply(a�horrocks.com [mailto:noreply(ce,horrocks.com] Seat: Monday, February 22, 2016 11:27 AM To: Dave Dillman Dave a horrocks.com> Subject: Message from KM_C654e Agenda i TASK ORDER NO. 4 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: CITY OF MOAB Effective Date of AGREEMENT: j' 2-2- / LD I L f TASK ORDER NO. 4 ("this TASK ORDER") to the CITY OF MOAB MASTER AGREEMENT FOR PROFESSIONAL SERVICES (AGREEMENT) is made and entered into as of the 27 fliclay of OGty b , 20 is, by and between OWNER and _Horrocks Engineers _, a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: 2015 Sewer Improvements. 2. PROJECT SITE. The PROJECT SITE is located as follows: 400 North, Mi Vida, Cermak. 3. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER are attached hereto as Exhibit A. 4. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $40,696. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the AGREEMENT. 5. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within 90 days following written authorization from the OWNER to proceed. 6. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made a part of the AGREEMENT. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written1 OWN : GZ��'e ENGINEER: By: [ By: "' Printed Name: -..96t. k./ 1 d &/..1.4 r i 5e ✓1 Printed Name: Ciq i cv/ �I �f L,-, a • -� Title: .l\L Ce. 3 mi Title: / r /SIC t fl q Attest: ( aez1/4- Title: C AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 8, 2016 Agenda Item #: 7-5 aY O ` MOAN Title: Approval of a Utility and Access Easement granted to Rick York across City -owned property Fiscal Impact: none Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Applicant: Rick York, adjacent property owner Background/Summary: The City of Moab has been approached by a private property owner to grant a Utility and Access Easement across City -owned property near Old City Park. Rick York is the owner of property adjacent to the City property, with Mr. York's property accessed by a strip of land fifteen (15) feet wide at the intersection of Old City Park Road and Elk Circle. This strip of land creates a "flagpole" lot, and currently contains a narrow driveway and a sanitary sewer main owned by Grand Water and Sanitary Sewer Agency (GWSSA). Mr. York has met with City staff to discuss the utility and access needs he has in order to obtain a building permit for his property. The ten (10) foot wide easement being requested will allow Mr. York to improve the driveway to the width to serve his property, and will also provide the room necessary to install a water service line and electrical service line to his proposed residence. During the meetings with City staff, it was explained to Mr. York that the City is currently studying the possibility of developing City -owned properties around Old City Park for essential work -force housing. The potential uses of the City property where this Utility and Access Easement is proposed includes park space, utility and/or storm drainage infrastructure, and housing development. The potential uses of the City property could require the extension of Old City Park Road to the south, which would require right-of-way dedication from Mr. York. If the City property were developed for storm water infrastructure such as a detention pond, that could also require the dedication of a storm drainage easement from Mr. York to allow a storm drainage pipe to discharge to Pack Creek. Mr. York is aware of these potential impacts, and has agreed to provide future right-of-way and storm drainage easement dedications to the City at no cost. Language outlining the agreement to these potential future dedications is included in the easement document, and has been agreed to by Mr. York. 1 Agenda City staff has evaluated the impacts of granting this easement to Mr. York, and feels there is minimal adverse effect on the City -owned property. By agreeing to future right-of-way and easement dedications to the City at no cost, the potential adverse effects of granting this Utility and Access Easement to Mr. York are lessened even further. An aerial photo graphic is attached showing the general vicinity of the requested Utility and Access Easement. The City Attorney prepared the Deed of Utility and Access Easement document, and has approved its form and content. Staff is available to answer any questions the City Council may have about the proposed easement. Options: 1. Approve the Utility and Access Easement granted to Rick York across City - owned property. 2. Direct staff to make changes to the easement, and approve at a later meeting. 3. Other, as directed to staff. Staff Recommendation: Staff recommends approval of the Utility and Access Easement granted to Rick York across City -owned property. Attachments: Aerial Photo Graphic Deed of Utility and Access Easement, including Exhibit A and Exhibit B Agenda Proposed Access/Utility N Easement from Moab City to York 1 inch = 100 feet Agenda 0 50 100 200 Feet When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 DEED OF UTILITY AND ACCESS EASEMENT For good and valuable consideration, receipt of which is acknowledged, The City of Moab, a Utah municipality (Grantor), hereby grants and coveys an easement to Eric K. York and Janis W. York (Grantee), as follows: 1. Conveyance and Purpose. Grantor conveys to Grantee a perpetual non-exclusive easement for ingress/egress, construction, maintenance, and repair of a municipal culinary water line, a sewer pipeline, a natural gas service line, and an underground electrical service line, all of which shall be constructed on the real property in the County of Grand, State of Utah, as described in Exhibit A, attached (the Easement). The Easement is conveyed as -is, without warranty of any kind on the part of Grantor. The Easement is for the sole use and benefit of the real property described in Exhibit B (the Property). a. In partial consideration for the conveyance herein, Grantee shall construct, and at all times maintain, a fence consisting of metal posts and at least three wire construction running north/south along the entire east boundary of the Easement. b. The Grantee agrees to dedicate as public right-of-way any required portion of the "flagpole" portion of the Grantee's lot to the Grantor for future roadway improvements in the event that Old City Park Road is extended to the south as a new public road. The Grantee will dedicate the required right-of-way at no cost to the Grantor, and in exchange the Grantee will be provided access to the new public road for a single family residence.\ c. The Grantee agrees to provide a Storm Drainage Easement of a minimum width of twenty (20) feet to the Grantor across the Grantee's lot should the Grantor ever improve any property or facility that would require a storm sewer pipe outfall to Pack Creek on the Grantee's property. The Grantee will provide the Storm Drainage Easement at no cost to the Grantor, and the Grantor will work with the Grantee to establish the alignment of the easement to minimize impacts to the Grantee's property and improvements. 1 Agenda 2. Nonexclusive Use. Grantor shall retain the use and enjoyment of the Easement, and shall be entitled to utilize same for all purposes that are consistent with the rights accorded to the Grantee under this deed. Grantee shall not construct or install any permanent improvements within or upon the Easement, other than those specifically enumerated in Section One, above. All improvements installed in violation of this Easement may be subject to removal by Grantor, without compensation or replacement. 3. Easement in Perpetuity; Abandonment; No Expansion. The Easement shall be binding upon the parties and their respective successors, and assigns in title, and it shall burden the subject real property of the Grantor in perpetuity, unless abandoned upon execution and recording of a written notice of abandonment signed by Grantor and Grantee. a. The Easement is conveyed for the use and benefit of the Property, which shall be used for a single family residence. Grantee shall not subdivide the Property or attempt to expand upon the use of the Easement beyond that expressly authorized herein. 4. Access, Maintenance, and Restoration. Grantee is authorized to enter the Easement and utilize vehicles and equipment as necessary for survey, construction, inspection, maintenance, repair, or replacement, of any improvements constructed or to be constructed in the future. Grantee shall restore the surface of the Easement to the approximate condition existing prior to disturbance following all construction and maintenance activities. All construction, maintenance, and repair activities of the Grantee shall be at its sole cost and expense. 5. Non-interference. Grantor and Grantee shall not interfere with, obstruct, or deny access to the other party with respect to any actions undertaken consistent with the purposes of this Easement. 6. Governing Law; Jury Waiver. This Easement is governed by Utah law. The exclusive venue for any dispute arising under this Easement shall be the Courts of Grand County, Utah. Any dispute arising under this Easement shall be heard by the Court sitting without a jury, regardless of the denomination of any such legal claims. 8. Remedies; Costs. Depending on the nature of the dispute, this Easement may be enforced in an action for specific performance, damages, or both. In any dispute arising under this Easement the prevailing party shall be entitled to recover its court costs and reasonable attorney fees, in addition to any other relief. Conveyed as of the date of execution by all parties, below. 2 Agenda Grantor: By: David Sakrison, Mayor Date Attest: By: Rachel Stenta, Recorder Date -Remainder of Page Left Blank - City of Moab, York Easement Signature Page Grantee By: Eric K. York Date By: Janis W. York Date ACKNOWLEDGMENT The foregoing Deed of Access and Utility Easement was executed before me this day of , 2015 by The City of Moab, Grantor, acting by and through Mayor David Sakrison. Witness my hand and official seal. My commission expires: Notary Public, State of Utah. Address: 3 Agenda ACKNOWLEDGMENT The foregoing Deed of Access and Utility Easement was executed before me this day of , 2015 by Eric K. York and Janis W. York, Grantee. Witness my hand and official seal. My commission expires: Notary Public, State of Utah. Address: 4 Agenda EXHIBIT A A 10 foot wide easement being more particularly described as follows: Beginning at the northeast corner of a 15 foot wide parcel no. 02-0015-0097 said point being South 0°05'00" East 1325.0 feet along the section line and East 15.00 feet from the West Quarter corner of Section 15, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence East 10.00 feet; thence South 0°05'00" East 322.40 feet to the north line of Parcel no. 02-0015-0097; thence North 55°16'00" West 12,18 feet along said north line of parcel; thence North 0°05'00" West 315.46 feet to the point of beginning. Agenda EXHIBIT B The land referred to in this policy is situated in the State of Utah, County of GRAND, and is described as follows: PARCEL B: A PARCEL OF LAND IN THE S W 1 /4 OF SECTION 15 AND THE SE 114 OF SECTION 16, T26S, R22E, SLM GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS N 00 DEG. 05'00" W 671.50 FT. FROM THE SW CORNER OF SECTION 15, T26S, R22E, SLM, AND PROCEEDING THENCE N 00 DEG.05'00" W 106.72 FT., THENCE N 34 DEG. 22'00" W 120.34 FT., THENCE N 34 DEG. 11'56" E 120.37 FT., THENCE S 55 DEG.16100" E 210.70 FT., THENCE S 52 DEG. 59'00" E 136.00 FT., THENCE S 69 DEG. 46'00" W 299.80 FT. TO THE POINT OF BEGINNING. ALSO: DESCRIPTION OF A 15 FT. WIDE PARCEL OF LAND IN SECTION 15, T26S, R22E, SLB&M, GRAND COUNTY, UTAH; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE J. E. KEOGH PARCEL OF LAND WHICH BEARS S 0 DEG. 05'E 1325.0 FT. FROM THE W1/4 CORNER SECTION 15, T26S, R22E, SLB&M, AND PROCEEDING THENCE EAST 15.0 FT. WITH THE RIGHT OF WAY FENCE ON THE SOUTH SIDE OF ELK CIRCLE, THENCE S 0 DEG. 05'E 316.6 FT. TO A FENCE LINE, THENCE N 52 DEG. 26' W 18.9 FT. TO SECTION LINE FENCE, THENCE N 0 DEG. 05' W 305.1 FT. WITH THE WEST LINE OF SAID SECTION 15 TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON SPANISH VALLEY CONTROL MAP. AND SUBJECT TO AN EXISTING BURIED WATER PIPE- LINE DRAINAGE EASEMENT EXTENDING ITS ENTIRE LENGTH AND TO AN EXISTING S.V.W. & S.I.D. BURIED SANITARY SEWER PIPELINE EASEMENT EXTENDING SOUTH FROM THE NORTH END APPROXIMATELY 255 FT. TO A MANHOLE. Agenda AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 8, 2016 Agenda Item #: 7-6 Title: Approval of a Cooperative Agreement between the Utah Department of Transportation and the City of Moab for the use of pedestrian flags at two locations on US-191 Fiscal Impact: Approximately $1,000 for flags and mounting hardware for initial installation costs, and up to $500 additional for replacement of flags Staff Presenter: Phillip M. Bowman, P.E., City Engineer Department: Engineering \ Background/Summary: City staff has proposed the use of pedestrian flags to the Utah Department of Transportation (UDOT) at two locations on US-191 within the City limits. The first location is the pedestrian crossing at US-191 and 200 South, and the second location is the pedestrian crossing at US-191 and Uranium Avenue. The City will be responsible for the cost to furnish and install all pedestrian flags and mounting hardware, and for the cost to replace any flags as required should they become lost or stolen. City staff and UDOT staff have been working together closely to identify possible interim improvements for two pedestrian crossings on US-191 in the downtown Moab area. The existing crossings at US-191 and 200 South and at US-191 and Uranium are being evaluated for future replacement by an ongoing UDOT study, but it is unlikely that funding will be available for these improvements until late in 2016 or sometime in 2017. Given the impending onset of the 2016 visitor season, City staff and UDOT staff have worked to develop ideas for increasing pedestrian visibility at the crossings and improving driver awareness of the requirement to stop for pedestrians. Two proposals have been supported and agreed to by UDOT. The first proposal is the use of temporary signage at the 200 South pedestrian crossing. A "Stop for Pedestrians" sign will be placed adjacent to the left turn lane for both northbound and southbound traffic directions near the pedestrian crossing. The R1-6A sign is approximately 8" wide, and is intended for installation along the yellow striping lines that define the left turn lanes at 200 South. UDOT has agreed to provide two "temporary" R1-6a signs to the City that are mounted to heavy moveable bases so the effectiveness of the signs can be evaluated at this 1 J Agenda location. If the signs are found to be effective they can be mounted in a semi- permanent manner for the visitor season, and then removed before the winter to eliminate snow plowing conflicts. The second proposal is for the use of hand-held pedestrian flags at two pedestrian crossing locations on US-191. The first location will be at 200 South (in conjunction with the R1-6a signs), and the second location will be at Uranium. The use of pedestrian flags will allow users to activate the pedestrian crossing signal (to start the flashing yellow light cycle) and also use a hand-held flag to increase their visibility while occupying the cross walk. It is noted by both City staff and UDOT staff that there is no clearly definitive information documenting the effectiveness of pedestrian flags, so this attempt could prove ineffective at these two locations. However, both City staff and UDOT staff agree that this is a reasonable proposal to implement in an attempt to increase the visibility of pedestrians using the cross walk. At many locations where pedestrian flags are present, the pedestrian will use the flag to actively engage eye contact with vehicle drivers and create a higher level of awareness of their presence in the cross walk. The estimated cost for the City to purchase and install pedestrian flags at both 200 South and Uranium is approximately $1,000, along with City crew time and effort for the installation of the necessary mounting hardware. The number of flags will need to be monitored regularly, and if the flags are lost or stolen there will be additional cost for replacement. If the pedestrian flags are found to be ineffective, the mounting hardware can be removed and the crossing will be returned to the existing condition with no flags present. Options: 1. Approve the Cooperative Agreement between UDOT and the City of Moab for the use of pedestrian flags at two locations on US-191. 2. Direct staff to request changes to the Cooperative Agreement, and approve at a later meeting. 3. Other, as directed to staff. Staff Recommendation: Staff recommends approval of the Cooperative Agreement between UDOT and the City of Moab. Recommended Motion: "I move to approve the Cooperative Agreement between the Utah Department of Transportation and the City of Moab for the use of pedestrian flags at two locations on US-191." Attachments: UDOT Cooperative Agreement R1-6a "Stop for Pedestrians" sign Agenda Installation and Use of Pedestrian Flags on State Routes MOAB CITY CORPORATION Federal ID No. COOPERATIVE AGREEMENT THIS COOPERATIVE AGREEMENT, made and entered into this day of , 2016, by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "Department," and MOAB CITY, a Municipal Corporation of the State of Utah, hereinafter referred to as the "CITY," WITNESSETH: WHEREAS, the CITY has requested the Department's concurrence to furnish and install pedestrian flags at certain crosswalk locations on US Highway 191 in Moab City, Grand County, Utah. WHEREAS, although the Department does not possess definitive information regarding the effectiveness of pedestrian flags, it supports the CITY's concern for pedestrian safety. WHEREAS, the Department will allow the CITY to install pedestrian flags at specified locations according to the terms and conditions set forth herein. NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1 The CITY, at no cost to the Department, will furnish, install, and maintain the condition, quantity, and distribution of the pedestrian flags at all times. Installation, maintenance, replacement or repair costs will be borne entirely by the CITY. Flags may include the Agency name but advertising is not allowed. 2. The CITY desires, and the Department allows, the installation of pedestrian flags at the following locations: a. Intersection of US-191 (Main Street) and 200 South b. Intersection of US-191 (Main Street) and Uranium Avenue. Any future locations will require another agreement between the parties hereto. 3. The CITY will only install or use pedestrian flags at legal crosswalks across unsignalized approaches. Agenda Installation and Use of Pedestrian Flags on State Routes MOAB CITY CORPORATION Federal ID No. 4. The CITY, at no cost to the Department, will remove the pedestrian flags from any or all of the above locations upon the Department's request. Grounds for removal include, but are not limited to: a substantive increase in pedestrian vs. motor vehicle crashes, verifiable lack of maintenance of conditions outlined in paragraph one, or removal of the crosswalk. All removal costs of the flags and appurtenances will be borne entirely by the CITY. 5. The CITY hereby acknowledges that the Department makes no claim or guarantee of the effectiveness of pedestrian flags. The CITY further agrees to indemnify the Department from any liability or legal action resulting from the installation and use of pedestrian flags. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed by their duly authorized officers as of the day and year first above written. ATTEST: MOAB CITY CORPORATION: By: Title: Date: (IMPRESS SEAL) By: Title: Date: ****************************************************************************** RECOMMENDED FOR APPROVAL: UTAH DEPARTMENT OF TRANSPORTATION By: Region Traffic Operations Engineer Date: By: Region Director Date: APPROVED AS TO FORM: COMPTROLLER OFFICE The Utah State Attorney General's Office has previously approved all paragraphs in this Agreement as to form. By: Contract Administrator Date: Agenda �� S T A T E L A W / \ S T O P W I T H I N C R O S S W A L K J R 1 - 6 a A g e n d a City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Honorable Mayor and City Councilmembers From: Rachel E. Stenta, City Recorder/Assistant City Manager Date: February 23, 2016 Re: Emergency Purchase/Purchasing Exception Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd Mayor and Council: Recently we were informed that there was a Sexual Harassment complaint that had not been addressed by the department director and was not reported to the Human Resources department or reported to the City Manager as outlined in policies and procedures and training. As you know, any allegation of sexual harassment is very serious and swift action is required to address the issue, assess liability and resolve the situation. Due to the seriousness of this claim, we determined that a third party should investigate the incident and circumstances, to best preserve the integrity of the process and to ensure a fair and impartial outcome. We hired Parr Brown Gee & Loveless Attorneys at Law, specifically Heidi Leithead who specializes in employment law, to conduct an investigation into the complaint and circumstances on our behalf. An investigator (also an attorney) was dispatched to Moab who was then onsite for three days to interview all parties involved and issued a report. The investigator substantiated the complaint and disciplinary actions were taken. Due to the need for immediate action, it was not practical to prepare a Request for Proposal to procure the investigative services so I am requesting a purchasing exception for the Investigation in the amount of $18,428.78 to Parr Brown Gee & Loveless. I also will need to address this at our next budget opening, as I did not budget for an investigation. Thank you and please let me know if you have any questions or need anything further. Agenda First EPA Green Power Community in the Nation 3/3/2016 Chapter 2.28 PURCHASING AGENT 2.28.045 Purchasing procedures --Exceptions. O SHARE A. For cases between twenty-five thousand dollars and fifty thousand dollars involving essential public works projects, and approved in advance by the city manager and purchasing agent, the sealed bid requirement may be waived, providing that the purchasing agent procure proposals in writing from at least three bidders, as specified in this section. All other exceptions to purchasing procedures require city council approval. B. Essential public works projects shall include projects related to the maintenance and operation of the water and sewer system, the wastewater treatment plant, streets and sidewalks, storm drainage and flood control systems. C. Where there is only one provider of goods or services to be procured by the city, the purchasing agent may waive the requirement that competitive proposals accompany the requisition, provided the department head shall have made reasonable efforts to identify or obtain an alternative provider or bidder for the goods or services. D. Notwithstanding the requirements of this chapter, where there exists an emergency situation involving a threat to public health, welfare or safety, the purchasing agent may authorize requisitions for expenditures without first complying with the proposal or bid provisions of this chapter. In the event of any such emergency situation, the purchasing agent shall assure that the terms of purchase are as competitive and favorable to the city as practicable under the circumstances. E. When a bid/quote is submitted by a local vendor, and the bid/quote is not the lowest bid/quote received by the city, a preference may be granted to local providers of products and services if the following conditions are met: 1. "Local vendor" is defined as a licensed business or individual whose business is located within Grand County or within a twenty mile radius of Moab city limits; 2. Requests for local's preference must be submitted to the purchasing agent in writing prior to the purchase and are subject to approval. Requests for local's preference for purchases not exceeding nine thousand nine hundred ninety-nine dollars and ninety-nine cents will be approved or denied by the purchasing agent. Purchases in excess of ten thousand dollars will be approved or denied by the city council; 3. The total amount of the local's preference cannot exceed more than five percent of the lowest competitive bid/price received; 4. The total amount of the local's preference cannot exceed twenty-five thousand dollars for a given project/product; 5. The granting of a local's preference is subject to the budget constraints of the specified project or product. Agenda rrccp.iiwww.c.oueR lishing.com/UT/Moab/#1/Moab02/Moab0228.html#2.28 F. State of Utah Contract. If a state contract is in place for the item or service that the department is purchasing then there is no need to solicit bids or quotations. The department should use state contracts when available and when they meet pricing and service requirements. However, it is the option of the rlanartman} head as to whether or not to use a state contract. This exception must be approved by the i 1/2 3/3/2016 Chapter 2.28 PURCHASING AGENT purchasing agent prior to the purchase being made or negotiated. If the department decides not to use the state contract the appropriate bid/proposal process described above must be followed. G. Procurements by procedures other than as specified in this chapter shall be allowed only upon good cause shown, and by approval of the city council. (Ord. 08-38 (part), 2008: Ord. 06-09, 2006: Ord. 05-04 (part), 2005) Agenda rrccp.iiwww.c.ouep lishing.com/UT/Moab/M/Moab02/Moab0228.html#2.28 2/2 PARR BROWN GEE LOVELESS ATTORNEYS AT LAW February 12, 2016 Moab City Rebecca Davidson►, City Manager 217 E Center St Invoice: 822148 Moab, UT 84532 Client: 160470 Matter: 2 rstenta@moabcity.com INVOICE SUMMARY Attorney: Heidi E. C. Leithead For professional services rendered and costs advanced RE: Employment Matters Professional Services Total Costs Advanced $ 18,242.00 $ 186.78 TOTAL THIS INVOICE $ 18,428.78 Agenda 1 PARR BROWN GEE & LOVELESS Invoice: 822148 February 12, 2016 Moab City Client: 160470 Employment Matters Matter: 2 PROFESSIONAL SERVICES RENDERED Date Atty Description Hours Amount 1/01/16 HECL Draft notice of administrative leave; Draft email to Danielle Guerrero; 3.00 1,110.00 Draft email to Rebecca Davidson; Prepare summary notes for Mary Ann re investigation 1/02/16 HECL Telephone conference with Danielle Guerrero re investigation; Attorney .40 148.00 conference with Mary Ann May re same 1/04/16 MM Prepare for investigation 1.00 255.00 1/05/16 MM Travel to Moab; Conference with Rachel Santos and Dani Guerro re 11.40 2,907.00 investigation; Interview Interview Prepare for interviews with remaining staff; Correspond with Heidi Leithead re status of investigation 1/06/16 MM Interviewer m=11 12.40 3,162.00 =11 1W and Mr ; Review interview notes; Prepare for interview withir 1/07/16 MM Conference with Danielle Guerreo and Rachel Stachel re status of 11.40 2,907.00 investigation; Review personnel file; Review timesheet; Prepare for interview with ; Interview ; Re -interview ; Travel from Moab 1/08/16 HECL Attorney conference with Mary Ann re investigation; Telephone 2.50 925.00 conference with Rebecca, Rachel and Dani re investigation and action items 1/08/16 MM Conference with Heidi Leithead re investigation; Conference with client 3.40 867.00 re status of investigation; Outline investigative reports 1109116 MM Draft investigative report re sexual harassment allegations; Draft 7.40 1,887.00 investigative report re insubordination allegation 1/11/16 HECL Draft disciplinary suspensions 3.80 1,406.00 1/11/16 MM Finalize investigative reports and send to Heidi Leithead for review; 4.70 1,198.50 Review disciplinary action memorandums for and Conference with Heidi Leithead re investigative reports 1/12/16 HECL Review and revise sexual harassment investigation report; Draft email to 1.20 444.00 Ms. Davidson 1/12/16 MM Update investigative reports with comments from Heidi Leithead; Send 1.70 433.50 updated reports to Heidi Leithead 1/25/16 HECL Telephone conference with Rebecca and Dani re .80 296.00 issue; Attorney conference with question; Draft email re IRS Form 1099 for planning commission 1/29/16 HECL Draft extended leave information request letter .80 296.00 TOTAL PROFESSIONAL SERVICES $ 18,242.00 Agenda 2 PARR BROWN GEE & LOVELESS Invoice: 822148 February 12, 2016 Moab City Client: 160470 Employment Matters Matter: 2 SUMMARY OF PROFESSIONAL SERVICES Name Rate Hours Total Heidi E. C. Leithead 370.00 12.50 4,625.00 Mary Ann May 255.00 53.40 13,617.00 TOTALS 65.90 $ 18,242.00 COSTS ADVANCED Date Description Amount Copies - B & W 21.90 1/05/16 Hotel 112.25 1/05/16 Non -local Meals, Pasta Jay's 23.19 1/07/16 Non -local Meals, Mom's Cafe 29.44 TOTAL COSTS ADVANCED $ 186.78 TOTAL THIS INVOICE $ 18,428.78 Agenda 3 AGENDA SUMMARY MOAB CITY COUNCIL MEETING Mach 8, 2o16 Agenda Item #: 7-8 Title: Discussion and Possible Approval of Criteria for Discounted Membership or membership grants and a Waiver of Use Fees through discounted membership grants at the Moab Recreation and Aquatic Center for charitable groups and nonprofits not to exceed $1,000 yearly Fiscal Impact: $1,000 a year given in grants Staff Presenter(s): Tif Miller, Parks Recreation and Trails Director Department: Recreation Applicant: n/a Background/Summary: The Moab Recreation and Aquatic Center is often asked for donations or grants to help local charities and nonprofits for fundraising activities. These donation requests are often for discounted memberships or memberships in their entirety. The MARC has a procedure in place that it has been following that helps them to determine who will be awarded these donations and the amount that is associated with these donations. This amount of donations in the past has equaled to about $1,000 per year. We are proposing that the council formally recognize the procedure in which charities and nonprofit organizations are provided these grants. The awarding of these donations or grants will be done through an application process that is currently in place. The MRAC Director will receive the applications and along with the Parks, Recreation and Trails Director will review the applications to make sure they meet the criteria that has been set forth. The final decision whether and applicant will receive the donation will be made by the Parks, Recreation and Trails director. There will be limited resources, in the amount up to $1,000.00 that will be available to be awarded to those organizations that have applied and have been determined to meet the proposed criteria. City Staff is available to discuss any specific details of the proposal and/or the application process, and answer any questions that the City Council may have. Options: Council can approve, table, or deny the proposed resolution. Agenda Staff Recommendation: Staff recommends approving the proposals to formalize the granting process Recommended Motion: I move to approve formalizing the Moab Recreation and Aquatic Center's granting process for donations to charities and nonprofit groups. Attachment(s): Application Guidelines for Donated Memberships Agenda CRITERIA FOR DISCOUNTED MEMBERSHIP OR MEMBERSHIP GRANTS MOAB RECREATION AND AQUATIC CENTER The City of Moab has designated a number of memberships to the Moab Recreation and Aquatic as community contributions each fiscal year. These memberships are awarded as donations to charities, nonprofits, and community organizations based on economic need and merit. Memberships may be granted in their entirety or may be discounted, depending on the circumstances and the organizations need. Memberships may be granted in the form of admissions to the MRAC or in the form of redeemable certificates which an organization can use in fundraising opportunities. This program is available to help those organizations who show outstanding commitment and contributions to the Moab community. It also helps support those who may not be able to afford the option for access to the facility for its intended recreation and wellness opportunities. The following list is a set of guidelines or criteria that are to be followed to help determine whether or not an organization will be considered for a donation or grant. Though specific, the city recognizes that there are certain extraordinary circumstances may occur that may not fit exclusively into a given criteria. The guidelines are as follows: • Nonprofit organizations dedicated to providing affordable early childhood education to economically disadvantaged families. • Nonprofit organizations dedicated to providing affordable educational, rehabilitative or life management skills services to physically or developmentally disabled children or adults • Nonprofit groups or individuals who provide foster care or mentoring services to disadvantaged and/or disenfranchised children • Nonprofit organizations who provide shelter, counseling and education to victims of domestic abuse • Nonprofit organizations whose mission is to provide food, clothing and/or shelter to needy members of the community • Nonprofit cultural organizations providing opportunities for immigrant and minority populations underserved by traditional social services through education, family support, and community collaboration • Local organizations who exist to provide protection and safety for the Moab Community • Nonprofit organizations providing opportunities for local members of the community to be able to obtain and maintain affordable housing • Nonprofit and educational organizations that help to grow and educate youth and help them become contributing members of the community To apply for the grant, please contact the MRAC with the name of your organization and letter of request specifically stating the reason for request, demonstrating the need for the organization, and explaining the services the organization provides to the community. Further information may be requested to help determine whether or not an organization will be granted their request. Requests should be sent to the MRAC Director, Terry Lewis, with all the above information. Please send your request by mail to Moab Recreation and Aquatic Center, 374 Park Avenue, Moab, Utah 84532 or by email at tlewis@moabcity.org. AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 8, 2016 Agenda Item #: 7-g Title: Approval of Resolution #07-2016 that proposes to adopt a $5 shower fee into the Moab Recreation and Aquatic Center fee structure Fiscal Impact: Over $35,000 a year Staff Presenter(s): Tif Miller, Parks Recreation and Trails Director Department: Recreation Applicant: n/a Background/Summary: The Moab Recreation and Aquatic Center currently provides the option for people in need of shower to use the facilities showers at a fee of $4.00 The current fee has never been formally adopted into the facility fee structure at the MRAC. There are a number locations in the area that have showers at their facilities ranging from $3.00 to $10.00 which would place the MRAC in the middle of the pricing matrix. The MRAC does not require time limits on their shower facilities, but there are some other facilities that do require a time limit. With the increased shower usage comes increased maintenance to the showers and facility. We are proposing to incorporate a $5.00 fee into the existing fee structure of the MRAC for shower usage. Shower fees have been a great source of revenue to the MRAC and a $5.00 still places the facility in the middle of the pricing matrix of facilities in the area. The use of showers at the MRAC has also had a direct correlation to the increased retail sales the facility has seen over the past few years in that patrons have the option to purchase an inexpensive towel to use if needed. We believe this will continue to be the case. This fee will allow the MRAC to help increase revenue that will help with costs associated with running the facility while allowing patrons to shower at an affordable rate at familiar and easily accessible location. It will also provide revenue that will help to keep admissions to the facility at their current rates. City Staff is available to discuss any specific details of proposal, and answer any questions that the City Council may have. Options: Council can approve, table, or deny the proposed resolution. Agenda Staff Recommendation: Staff recommends approving the resolution to include shower fees in the MRAC fee structure at $5.00 Recommended Motion: I move to approve the proposed resolution #07- 2016 to include shower fees of $5.00 into the fee structure of the Moab Recreation and Aquatic Center Attachment(s): Current Shower Facility fees in Moab Agenda RESOLUTION #07-2016 A RESOLUTION AMENDING THE FEE SCHEDULE FOR THE MOAB RECREATION AND AQUATIC CENTER WHEREAS, the City of Moab establishes fees for city services by resolution; and WHEREAS, the Moab Recreation and Aquatic Center has determined that a shower fee should be added to the fee structure, pursuant to citizen and user requests. NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO ADOPT THE MOAB RECREATION AND AQUATIC CENTER FEE STRUCTURE SHOWN AS EXHIBIT 1 HERETO. Passed and adopted by action of the Governing Body of the City of Moab, Utah in open session this 8th day of March, 2016. Mayor David L. Sakrison ATTEST: Rachel E. Stenta City Recorder Resolution #07-2016 Page 1 of 1 Agenda Exhibit 1 MOAB RECREATION AND AQUATIC CENTER RATES AQUATIC ONLY OR FITNESS ONLY 'DAILY ADMISSION 3 & Under Youth 4-17 Individual (aquatic) $ Youth 14-17 Individual (fitness) $ Adult 18+ $ Senior 55+ $ Family up to 6 (14+ allowed in Fiti $ Resident Free 2 2 4 3 12 Non-resident 1 4 4 7 Youth 4-17 Individual (aquatic) $ Youth 14-17 Individual (fitness) $ Adult Individual $ Senior Individual (55 and over) $ Adult Couple $ Senior Couple $ Family up to 6 (14+ allowed in Fiti $ Additional Family Member $ 100 100 155 115 235 180 285 40 (SUMMER SEASON PASS - AQUATIC ONLY Youth 4-17 Individual (aquatic) $ Youth 14-17 Individual (fitness) $ Adult Individual $ Senior Individual $ Adult Couple $ Senior Couple $ Family up to 6 (14+ allowed in Fiti $ Additional Family Member $ MONTH PA Youth 4-17 Individual (aquatic) Youth 14-17 Individual (fitness) Adult Individual Senior Individual Adult Couple Senior Couple Family up to 6 (14+ allowed in Fiti Additional Family Member 65 65 85 65 135 105 165 35 80 80 100 80 155 120 185 40 NTH � Youth 4-17 Individual (aquatic) $ 60 Youth 14-17 Individual (fitness) $ 60 Adult Individual $ 75 Senior Individual $ 60 Adult Couple $ 120 Senior Couple $ Family up to 6 (14+ allowed in Fit' $ Additional Family Member $ 95 140 30 Youth 4-17 Individual (aquatic) $ 25 Youth 14-17 Individual (fitness) $ 25 Adult Individual $ 35 Senior Individual $ 25 Adult Couple $ 55 Senior Couple $ 40 Family up to 6 (14+ allowed in Fit' $ 65 Additional Family Member $ 10 :25 PUNCH CARD' Youth 4-17 Individual (aquatic) Youth 14-17 Individual (fitness) Adult Individual Senior Individual 45 45 90 65 1-WEEK FAMILY PASS - AQUATIC ONLY $ 50 CLASS PUNCH PAS Members (20-Punch) $ 35 Non -Members (20-Punch) $ 65 AQUATIC AND FITNESS Resident DAILY ADMISSION 3 & Under Student 14-17 $ Adult $ Senior 55+ $ Family up to 6 (14+ allowed in Fiti $ ANNUAL PASS Youth 14-17 Individual $ Adult Individual $ Senior Individual (55 and over) $ Adult Couple $ Senior Couple $ Family up to 6 (14+ allowed in Fiti $ Additional Family Members $ N/A 4 5 4 20 175 255 190 395 295 465 65 Non-resident N/A 7 9 7 35 Youth 14-17 Individual $ Adult Individual $ Senior Individual $ Adult Couple $ Senior Couple $ Family up to 6 (14+ allowed in Fiti $ Additional Family Member $ 105 135 105 210 165 265 50 Youth 14-17 Individual $ Adult Individual $ Senior Individual $ Adult Couple $ Senior Couple $ Family up to 6 (14+ allowed in Fiti $ Additional Family Member $ 115 165 125 255 190 300 55 Youth 14-17 Individual $ Adult Individual $ Senior Individual $ Adult Couple $ Senior Couple $ Family up to 6 (14+ allowed in Fiti $ Additional Family Member $ 90 125 90 190 150 240 45 Youth 14-17 Individual Adult Individual Senior Individual Adult Couple Senior Couple Family up to 6 (14+ allowed in Fiti $ Additional Family Member $ a PUNCH CARD Youth 14-17 Individual Adult Individual Senior Individual SHOWER FEES Individual 40 55 40 90 70 110 15 85 120 85 $5.00 Agenda Resolution /107-201e / 00Y op, "- MOAB MOAB CITY COUNCIL MEETING MARCH 8, 2016--.. Agenda Item / #: 7-11 Title: Review of Changes to Ordinance #2o16-o2 as Requested by Council Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Background/Summary: The attached draft ordinance has incorporated the changes requested by Council. Those changes include: 1. Removal of B&Bs from the R-2 Residential Zone 2. Adding back the public hearing at the Planning Commission level 3. Adding downward directed to the lighting requirements 4. Including a provision for off-street trailer parking 5. Increased the delayed application for a B&B in a new home to 5 years. PL-Ifi-33 The City attorney will discuss the use of the term "reasonable" in state statutes at the next meeting. i DRAFT ORDINANCE #2016-02 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTIONS 17.09.530 B AND 17.09.531(9) BY AMENDING THE CONDITIONS FOR THE APPROVAL OF BED AND BREAKFASTS AS A CONDITIONAL USE WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has noticed that there is a need to amend the Code Chapters dealing with conditional use permits and that the Code is lacking concise review criteria that can be applied to individual conditional uses; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on 20105, to hear testimony and determine the merits of the changes to the Code; and WHEREAS, the Commission found that the proposed changes would benefit Planning Staff in the day to day administration of the Code and be more easily understood by the general public; and WHEREAS the Commission unanimously voted to recommend to Council that adoption of the new language was in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2010-145 08 in a regularly scheduled public meeting held on , 20105, to hear and decide the merits of the proposed change to Chapter 17.09, Definitions, of the Moab Municipal Code; and, WHEREAS, Council found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby adopts Ordinance #2010-13 and repeals the following Chapters in the Moab Municipal Code and holds them in reserve: AND, FURTHERMORE, Council adopts the following table and text as an amendment to the language found in Chapter 17.09.530, Conditional Use Permits. 17.09.530 Conditional use permits. B. Conditional Use Matrix. CONDITIONAL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- 5 SARMH/RV FC 1 RC I B&B /rooming or boarding house (9) - C C P i DRAFT C. Pre -application Conference. Prior to the filing of a conditional use permit application, the applicant shall meet with the planning department to become acquainted with the requirements of the city. At such meeting, the application contents, referral agencies, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the applicant may be represented by a land planner, engineer, architect or surveyor. D. Submittal Requirements and Applicant Responsibilities. At least thirty days prior to the review meeting held by the planning commission,review meeting the applicant shall file a complete application that shall include a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property. The application provided by the planning department shall also be accompanied by or show the following information: 1. The street address and legal description of the property affected; 2. Any and all plans, information, operating data and expert evaluation necessary to clearly explain the location, function and characteristics of any building or use proposed; 3. A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the city council; 4. Each applicant shall provide proof of delivery of written notice to all property owners adjacent to the property where the business is to be located. Adjacent properties shall be defined as all properties whose external boundaries are located within one hundred feet of the external boundary of the lot on which the business is to be located; and 5. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a signed notarized letter from the owner agreeing to the proposed conditional use is required. E. Enforcement. The zoning administrator shall be authorized to enter and periodically inspect all permitted premises for compliance with this section, applicable conditions, and applicable building, fire and health codes. 1. Prior to instituting any enforcement action for violations of this code, the zoning administrator shall deliver written notice of the violation to the permit holder. The permit holder shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended by the planning commission upon a showing of good cause. 2. Any violation not corrected within the abatement period may, at the option of the city, be subject to administrative, civil, and criminal enforcement. The city may commence a civil action to enjoin or abate any violation of this section. In any civil enforcement action, the city shall be entitled to obtain injunctive relief upon a showing of violation(s) of this section or the applicable conditions of approval. The court may also assess civil penalties of a sum not to exceed one thousand dollars per violation. The city shall be entitled to recover its reasonable attorney fees and court costs in any action in which a violation of this section is established. 3. Alternatively, violations of this section are punishable as a Class B misdemeanor, as defined by Utah statute. 4. In addition to all other remedies, any permit holder that refuses or fails to abate any violation of the license or this section may be subject to a conditional use permit revocation, as provided by Chapter 5.04 of this code. 5. Persons operating a conditional use subject to this section without the required permission of the City of Moab, or is in violation of Chapter 5.04, are subject to all remedies and penalties specified in this section. 6. Any approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or its agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery [of] written notice to the applicant explaining the basis for the action. Any aggrieved party may appeal such revocation to the planning commission by delivering notice of appeal within fifteen days of the notice of revocation. Appeal of any decision made by the planning commission may be made to the appeal authority as per Chapter 17.72 of this code. DRAFT F. Planning Commission Review Criteria and Processing. In reviewing a conditional use, the planning commission shall utilize the criteria listed in subsection H, below. 1. Public Hearing Required. The Planning Commission shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. The notification requirements shall be followed as listed in Section G below. 2. The criteria listed in subsection H, below, shall be used to evaluate the proposal. 3. The planning commission shall convey its recommendation and express its findings to city council by adoption of -resolution. 2. Notification Requirements. a. Planning staff shall cau�c notice of the public hglaring of the planning commi.'cion to be given by publication in a newspaper of general circulation in the city of Moab. Such notice shall state the time and place of such hearing and the nature of the subject to be considered and the h ring date shall be at I st fifteen days from the date of publication. b. Planning staff shall cause written notice of public hearing to be mailed to all owners of real property lying within three hundred feet of the property on which the change iG requested. The notice shall be mailed not less than fifteen days before the date yet for hearing by depositing in the mail such notice properly addressed and postage paid to each st iGh e s +ho G .-ship, p, +ho Ias+ a .ed G ,Rty +a... -ell G. City Council Processing and Review Criteria. In reviewing a conditional use application, the city council shall utilize the process and criteria listed below. 1. Public Hearing Required. The Csity GCouncil shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. 2. Notification Requirements. The City Recorder shall cause notice of the public hearing of the city council to be given by publication in a newspaper of general circulation in the city of Moab without the necessity of notifying property owners by mail. Such published notice shall state the time and place of such hearing and the nature of the subject to be considered and the hearing date shall be at least fifteen days from the date of publication. H. Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing conditional use permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application and that failure to meet one or more of the applicable criteria may be cause for denial. -In accordance with state law, the applicant shall adequately demonstrate that the criteria have reasonably been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. i DRAFT 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab general plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. 9. After considering the public comment relating the criteria listed above in relation to the requested conditional use permit, the planning commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for a conditional use permit. Approval or denial of the application by the city council shall be memorialized in the minutes of the meeting. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. The planning commission and the city council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. I. Records. A file containing all documents relevant to the application and disposition of such conditional use permits shall be maintained by the Moab Planning Department. J. Maximum Density. The maximum density allowed by a conditional use permit shall be no greater than that permitted in the underlying zone district. K. Specific Performance. Action authorized by approval of a conditional use permit must commence within one year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The planning commission may grant a one-time six-month extension for good cause shown. In order to obtain an extension, the permit holder must apply for the extension in writing before the expiration of the original permit. The application must be submitted to the zoning administrator with a description of the cause for requesting the extension. L. Permit Revocation. 1. The city council may revoke the conditional use permit of any person upon a finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The city recorder shall cause notice of the revocation to be sent to the holder of the permit and the holder of the permit shall immediately cease any use of the property that was based on the conditional use permit. Violation of this clause shall invoke Section 17.78.030 2. If the city council revokes a permit under this section, the holder of the permit shall have a right to appeal the revocation. The holder must file the appeal with the city recorder within fifteen days of the date of the notice that the city has revoked the conditional use permit. 3. Upon receipt of the appeal, the city council shall set a hearing on the appeal at its next regularly scheduled meeting which is more than fifteen days after the time the city recorder received the appeal. The city shall supply the permit holder of the time, date and place of the hearing at least fifteen days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation. M. Appeals. 1. Any person, adversely affected by the final decision of the city council pursuant to this chapter may appeal that decision to the Grand County district court. 2. A judicial action seeking review of a decision by the city council must be filed no later than thirty days from the date of the final decision that is the subject of the action or legal claim. Any action commenced beyond that time shall be subject to summary dismissal. 3. Review of any conditional use permit application shall be based upon the record of proceedings before city council. Upon the commencement of a judicial appeal challenging i DRAFT any decision under this chapter, the city shall 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. (Ord. 12-09 (part), 2012; Ord. 12-05 (part), 2012; Ord. 11-09 (part), 2011; Ord. 11-01 (part), 2011; Ord. 10-13 (part), 2010; Ord. 10-06 (part), 2010; Ord. 08-05 (part), 2008) 17.09.531 Conditions for approval of specific conditional uses. (9) Bed and Breakfast, Rooming or Boarding House. A. All such uses shall comply with the following preconditions: 1. Bed and breakfast facilities, rooming and/or boarding houses may be allowed as a conditional use where applicant can show evidence of reasonable compliance with outlined standards and procedures and where there is minimal impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. /1. A change in ownership as defined herein will require a new conditional use permit. 54. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation, and in no case shall a bed and breakfast be located on a cul-de-sac, dead end street, or a zoning lot with a street frontage of less than fifty (50) feet. 2. There shall be a minimum perimeter separation of three hundred (300) feet between property lines of bed and breakfasts. 3. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. A new structure shall not be constructed solely for the use of a bed and breakfast and a property owner may not apply for a bed and breakfast for a period of five (5) years after the date of receiving a Certificate of Occupancy. Bed and breakfast facilities shall be located in an existing structure that is a minimum of 2,000 square feet in size. Additions to an existing structure for a bed and breakfast use shall not exceed twenty (20) percent of the total area of the existing structure. 4. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off- street parking space per rental bedroom) in addition to needed parking for owners of the facility„ A maximum stay shall not exceed thirty days, and meals shall be served only to i DRAFT guests. One off-street parking space for trailers must be provided per every 2 off-street parking space for vehicles. 5. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 6. No bed and breakfast facility shall rent for compensation more than sevenfive rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 7. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 8. Signs are limited to one non -flashing sign not larger in area thaen four (4) square feet.twe hundred twenty six square inches If lighted, the light shall be defuseddiffused or shielded and downward directed. 9. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 10. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 11. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, commission. C. Appeals. Approval or disapproval of a bed and breakfast application by the City Council planning commission can be appealed to District Courtthe appeal authority within thirtyen days of City Council planning commi-lion action. Effective Immediately Upon Passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2015. ATTEST: Rachel Stenta, Recorder SIGNED: David L. Sakrison, Mayor p:\planning department\2015\ordinances\#2015-08 hfih.docz The statutes governing conditional uses are found at § 10-9a-507 and § 17-27a-506 of the Utah Code. The statutes read as follows: (1) A land use ordinance may include conditional uses and provisions for conditional uses that require compliance with standards set forth in an applicable ordinance. (2)(a) A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. (b) If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.