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HomeMy Public PortalAboutPKT-CC-2015-03-24Moab City Council March 24, 2015 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda 1 Page 1 of 169 Agenda Page 2 of 169 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 24, 2015 at 6:30 p.m. ..........................................•••••••••••••••••••••••••••• 6:30 p.m. 7:00 p.m. SECTION 1: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 January 27, 2015 1-2 February 10, 2015 1-3 February 24, 2015 1-4 February 26, 2015 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: SECTION 5: PRESENTATIONS AND PROCLAMATIONS None PUBLIC HEARING (Approximately 7:15 PM) None SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES Agenda 1 6-1 Moab Rotary April Action Car Show, Located at Swanny City Park to Conduct a Car Show April 24 to April 26, 2015 6-1.1 Approval of a Special Business Event License for Moab Rotary April Action Car Show, Located at Swanny City Park 6-1.2 Approval a Special Use of Swanny City Park Application for Moab Rotary April Action Car Show 6-2 WabiSabi Free Lunch Located at Swanny City Park to Offer a Free Lunch Mondays From April 6, 2015 to June 22, 2015, 12pm-1pm 6-2.1 Approval of a Special Business Event License Located at Swanny City Park for WabiSabi Free Lunch Page 3 of 169 6-2.2 Approval of a Special Use of Swanny City Park Application for WabiSabi Free Lunch 6-2.3 Approval of a Fee Waiver for WabiSabi Free Lunch 6-3 Approval of a Private Property Vendor License for City Market to Conduct a Garden Center Located at 425 South Main Street from March 17 to June 30, 2015 6-4 Approval of a Private Property Food Vendor License for Kim Kirks, d.b.a. CK Desert Ice LLC Located at 89 North Main Street to Conduct a Shave Ice Business, March 26 to August 31, 2015 SECTION 7: NEW BUSINESS 7-1 Approval of Task Order #15-01 with Bowen Collins & Associates, Inc. Approving the Scope of Services for a Preliminary Engineering Report for the New Wastewater Treatment Facility in an Amount Not to Exceed $165,210. 7-2 Approval of a Fiscal Year 2015 Source Grant Agreement for a Water Quality Hardship Grant from the State of Utah Division of Water Quality 7-3 Consideration or Ordinance 2015-02 — An Ordinance Approving a Zoning Map Amended for Property Located at 889 North Main Street from R-2 to C-4 as Referred to Council by the Planning and Zoning Commission 7-4 Approval of Resolution #14-2015 — A Resolution Approving the Subdivision Improvements and Development Agreement and Conditionally Approving the Final Plats for the "Entrada at Moab" Master Planned Development Phases 1-3 on Property Located at 600 West and 400 North in the C-2, Commercial Residential Zone 7-5 Approval of Resolution #12-2015 — A Resolution Approving a Petition to Adjust a Lot Line Between Lots 1 and 2, Block 5 of the Evans Subdivision 7-6 Award of the Medical Broker Services Proposal 7-7 Discussion Regarding Planning Commission Compensation and Terms 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 169 MOAB CITY COUNCIL REGULAR MEETING January 27, 2015 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:00 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Police Chief Mike Navarre, Public Works Director Jeff Foster, City Planner Jeff Reinhart and Community Development Director David Olsen. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Thirteen (13) members of the audience and media were present. There were no minutes to approve. There were no Citizens to Be Heard. Under Community Development Department Update, Community Development Director Olsen stated that Grand County would be applying for Community Development Block Grant funds for this next funding year and that the City would not be applying. An Engineering Department Update was not given. Under Planning Department Update, City Planner Reinhart stated that staff was still working on the General Plan update and had done a complete review of the document. City Planner Reinhart stated that he had spoken to the Planning Commission regarding the design of a public input process and that he had participated in a conference call with a housing specialist in Park City, Utah. Councilmember Bailey inquired what the time frame was for the General Plan. City Planner Reinhart stated the General Plan would be reviewed by the Planning Commission in March. January 27, 2015 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE Agenda Page 1 of 5 Page 5 of 169 A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that Questar was staring up soon and would be boring under Kane Creek Boulevard. Public Works director Foster then said that the 500 West Waterline project was moving along and that the 500 West Road project had been awarded to LeGrand Johnson. Public Works Director Foster stated that he was reviewing the Pavement Survey conducted by Horrocks Engineering and that the Geotechnical work had been completed on the Water Tank site for suitability. A presentation was made by Beth Joseph, the Executive Director of the Moab Free Health Clinic. Councilmember McElhaney moved to Approve the Canyonlands Half Marathon Submitted by Moab Half Marathon Inc. to be Conducted on March 20 and 21, 2015 at the Center Street Gym and Swanny City Park as follows: 1) Approval of a Special Event Business License for the Canyonlands Half Marathon; 2) Approval of Special Use of Swanny City Park for the Canyonlands Half Marathon; 3) Approval of a Special Event Beer License for Ranna Bieschke, d.b.a. Canyonlands Half Marathon; 4) Approval of a Park Alcohol Permit for Ranna Bieschke, d.b.a. Canyonlands Half Marathon; 5) Approval of Local Consent for a Temporary Beer Event Permit for Ranna Bieschke, d.b.a. Canyonlands Half Marathon Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Approve the Other Half Marathon Submitted by Moab Half Marathon Inc. to be Conducted on October 1, 2015 at the Moab Valley Inn as follows: 1) Approval of a Special Business Event License for the Other Half Marathon Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to Approve the Thelma & Louise Half Marathon Submitted by Moab Half Marathon Inc., to be Conducted on June 5, 2015 at the Moab Arts and Recreation Center as follows: January 27, 2015 POLICE UPDATE PUBLIC WORKS UPDATE PRESENTATION CANYONLANDS HALF MARATHON SPECIAL EVENT APPROVED OTHER HALF MARATHON EVENT APPROVED THELMA & LOUISE EVENT APPROVED Agenda Page 2 of 5 Page 6 of 169 1) Approval of a Special Business Event License for the Thelma & Louise Half Marathon Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. Councilmember Stucki moved to Approve Skinny Tire Festival Submitted by Skinny Tire Events, LLC to be Conducted on March 14 to 17, 2015 at the Aarchway Hotel as follows: 1) Approval of a Special Business Event License for Skinny Tire Festival Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to Approve Proposed Resolution #04- 2015 — A Resolution Approving the City of Moab 2015-2016 Permanent Community Impact Fund Board (CIB) Comprehensive Projects List. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to Approve Change Order #1 for the 500 West Waterline Project. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Peterson moved to Approve Proposed Resolution #05- 2015 — A Resolution Amending the Moab City Personnel Policies and Procedures Manual with the exception of the vacation and sick leave cash out changes. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to Approve a Reclassification of the Sewer Superintendent Job Description. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to Approve the Water Superintendent Job Description. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to table the Approval of the GIS Technician Job Description. Councilmember McElhaney seconded the January 27, 2015 SKINNY TIRE FESTIVAL EVENT APPROVED RESOLUTION #04-2015, APPROVED CHANGE ORDER #1 500 WEST WATERLINE PROJECT, APPROVED RESOLUTION #05-2015, APPROVED RECLASSIFICATION OF SEWER SUPERINTENDENT JOB DESCRIPTION, APPROVED WATER SUPERINTENDENT JOB DESCRIPTION, APPROVED GIS TECHNICIAN JOB DESCRIPTION MOTION TO TABLE FAILED Agenda Page 3 of 5 Page 7 of 169 motion. The motion failed 2-3 nay with Councilmembers Ershadi, Peterson and Stucki voting nay. Councilmember Peterson moved to Approve the GIS Technician Job Description. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember McElhany moved to Approve Proposed Resolution #06- 2015 — A Resolution Approving a Cooperative Agreement Between the City of Moab and the Utah Department of Transportation Providing for Participation in a Transportation Study. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. Under Mayor And Council Reports, Councilmember Ershadi stated that there would be a Clean Air Rally that Saturday at Swanny City Park from 12:00 to 1:00 PM. Councilmember Peterson stated that the Canyonlands Special Service Health District had received an increase in the mineral lease funds and would be contributing $10,000 to the Free Health Clinic and that they had hired a new Administrator. Councilmember Stucki stated that the Solid Waste District was looking for a new District Manager. Under Administrative Report, City Manager Metzler stated that it was very busy around City Hal and that the annual Visioning Workshop would be held on February 5 and 6, 2015 and that she and City Recorder/Assistant City Manager Stenta were working on a City Manager Transition Plan. City Manager Metzler stated that the mid- year budget opening would be on the next agenda. A Report on City/County Cooperation was not given. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $295,239.75. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember McElhaney moved to adjourn. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. January 27, 2015 GIS TECHNICIAN JOB DESCRIPTION, APPROVED RESOLUTION #06-2015 APPROVED READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED Agenda Page 4 of 5 Page 8 of 169 Mayor Sakrison adjourned the Regular Council Meeting at 7:59 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder January 27, 2015 ADJOURNMENT Agenda Page 5 of 5 Page 9 of 169 MOAB CITY COUNCIL REGULAR MEETING February 10, 2015 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, Deputy City Recorder Danielle Guerrero, City Treasurer Jennie Ross, Police Chief Mike Navarre and Public Works Director Jeff Foster. Mayor Sakrison called the Regular City Council Meeting to order at 7:05 PM and led the pledge of allegiance. Ten (10) members of the audience and media were present. There were no minutes to approve. Citizens to be heard Bryan Walston spoke representing Chad Clifford and Ben Cahoun regarding the Entrada development. Mr. Walston requested negotiations with the City regarding the Ombudsman's opinion and stated that he would like to avoid litigation. Ben Cahoun stated that he is a part owner of the Entrada development and that the issues can be summarized as signing the development agreement before final approval and being asked to pay for a bond before the approval of the final plat which he considers to be contrary to code. Mr. Cahoun stated that he wished the attorneys weren't talking and that he wished the project could be on an agenda. Mr. Cahoun stated that he doesn't see a way forward. Floyd Dean stated that he has sent a letter concerning a proposed water tank location and that he wanted to express his disappointment of how everything had taken place. Mr. Dean stated that his first indication was when a drilling rig showed up to take coring samples and he was alarmed. Mr. Dean stated that he had spoken to City Manager Metzler and he was concerned that the waterline in the water easement was in jeopardy as the coring team was unaware of the location of the waterline. Mr. Dean also stated that the cemetery district had not been informed of the proposed water tank placement. February 10, 2015 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD Agenda Page 1 of 3 Page 10 of 169 Mr. Dean requested that notice of the consideration of the project be posted on the property. Mr. Dean stated that he appreciated the City Council. A Community Development Department Update was not given. An Under Engineering Department Update was not given. A Planning Department Update was not given. A Police Department Update was not given. A Public Works Department Update Public Works Director Foster stated that the 500 West Waterline had been charged prematurely by the contractor and that staff was not happy but it had been resolved and the pressure test had passed successfully. Public Works Director Foster stated that a pre -construction meeting for the 500 West Road project would be held and that the Lions Park bid would close on the 12t" of the month. Public Works Director Foster then stated that staff was trying to keep the Center Street Gym dry from the roof leak and that he expected to have plans soon from the architect for the roof project. Councilmember Ershadi asked if the new roof would be solar capable. Public Works Director Foster stated that it would. Mayor Sakrison opened the Public Hearing on Proposed Ordinance #2015-01— An Ordinance amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials' Salaries at 7:20 PM. There was no public comment. Mayor Sakrison closed the Public Hearing at 7:38 PM. Councilmember Ershadi moved to approve a Special Events License, Special Use of Swanny City Park and a Fee Waiver not to exceed $875.00 for Moab Farmer's Market located at Swanny City Park to be conducted various dates beginning April 16 to October 17, 2015. Councilmember Peterson seconded the motion. The motion carried by roll -call vote 4-1 aye with Councilmember Stucki voting nay. COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PUBLIC HEARING OPENED PUBLIC HEARING CLOSED APPROVAL OF MOAB FARMERS MARKET SPECIAL EVENT, SPECIAL USE OF SWANNY PARK AND A FEE WAIVER NOT TO EXCEED $875.00 Councilmember Stucki moved to approve Proposed Resolution #07-2015 APPROVAL OF PROPOSED — A Resolution of the Governing Body of The City of Moab authorizing RESOL.UTION #07-2015 February 10, 2015 Agenda Page 2 of 3 Page 11 of 169 delinquent terminated utility accounts to be written off of the accounting system and Request to Send Proposed Resolution 4108-2015 — A Resolution amending the fiscal year 2014-2015 budget to Public Hearing. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. Under Mayor And Council Reports, Councilmember Ershadi stated that she had attended a Conservation District meeting and there would be a greywater presentation soon. Under Administrative Report, City Manager Metzler stated that the information presented at Citizens to be Heard regarding the Entrada development was not quite right and asked the Council to talk to staff for clarification. City Manager Metzler stated that the budget opening would be on the next City Council agenda. No Report was given on City/County Cooperation. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $508,552.14. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:51 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder February 10, 2015 READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT Agenda Page 3 of 3 Page 12 of 169 MOAB CITY COUNCIL REGULAR MEETING February 24, 2015 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey and Kirstin Peterson. Also in attendance were Interim City Manager Rachel Stenta, Deputy City Recorder Danielle Guerrero, City Treasurer Jennie Ross, Police Chief Mike Navarre, Public Works Director Jeff Foster, Community Development Director David Olsen and Engineering Assistant Eric Johanson. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Twenty eight (28) members of the audience and media were present. There were no minutes to approve. There were no Citizens to be heard. Under Community Development Department Update, Community Development Director gave and updated progress report on the 500 West project. Under Engineering Department Update, Engineering Assistant Eric Johanson gave an updated progress report on the 500 West project estimating completion as the end of May. He also stated that a water tank site had been chosen and that he would be meeting with Bowen Collins on March 12t" regarding the Waste Water Treatment Plant. Under Planning Department Update, City Planner Jeff Reinhart gave an update on current Planning projects including the General Plan, Code Amendments and FEMA. REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE Under Police Department Update, Police Chief Mike Navarre introduced POLICE UPDATE a new Police Officer, Ryan Pepper. Under Public Works Department Update, Public Works Director Jeff Foster gave an update on the Lions Park project, 500 West Water Line project and on the Waste Water Treatment Plant. February 24, 2015 PUBLIC WORKS UPDATE Agenda Page 1 of 4 Page 13 of 169 Mayor Sakrison presented the Mayor's Student Citizenship of the Month SUTDENT OF THE MONTH Award for February 2015 for Helen M. Knight School to Ty Carter. Mayor Sakrison opened the Public Hearing on Proposed Resolution #08- 2015 — A Resolution amending the Fiscal Year 2014-2015 Budget at 7:20 PM. There was no public comment. Councilmember Stucki moved to approve a Special Business License and Special Use of Swanny City Park on May 8, 9 2015 for Red Rock Relay with conditions. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Ershadi moved to approve a Special Event License for Delicate Stitchers to conduct a Quilt Show, Located at 182 N 500 W on March 13, 14 and 15, 2015. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve a Vendor License for Christine and Kent Green, d.b.a. Moab Cowboy Country Off Road Adventures, Located at 83 South Main Street for a term of February 25, 2015 to February 24, 2016. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Class II Beer License for Jennifer Garrard, d.b.a La Hacienda, Located at 574 North Main Street. Councilmember Ershadi seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve a Local Consent of a Full Service Liquor License for Jennifer Garrard, d.b.a. La Hacienda, Located at 574 N Main Street. Councilmember Ershadi seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve Proposed Ordinance #2015-01 — An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials' Salaries. Councilmember Peterson seconded the motion. The motion carried 3-1 aye by a roll - call -vote with Councilmember Stucki voting nay. Councilmember Peterson moved to confirm the appointment of Jeanette Kopell to the Moab City Planning Commission for a term ending December 31, 2019. Councilmember Bailey seconded the motion. The February 24, 2015 PUBLIC HEARING OPENED SPECIAL BUSINESS LICENSE & USE OF SWANNY PARK FOR RED ROCK RELAY APPROVED SPECIAL EVENT LICENSE FOR DELICATE STITCHERS APPROVED VENDOR LICENSE FOR MOAB COWBOY COUNTRY OFF ROAD ADVENTURES APPROVED CLASS II BEER LICENSE FOR LA HACIENDA APPROVED LOCAL CONSENT FOR LA HACIENDA APPROVED ORDINANCE 2015-01 APPROVED JEANETTE KOPELL APPOINTED TO PLANNING COMMISSION Agenda Page 2 of 4 Page 14 of 169 motion carried 4-0 aye. Councilmember Stucki moved to approve Proposed Resolution 4109-2015 — A Resolution approving a Local Government Contact by and Between the City of Moab and WCEC Engineers Inc. for the Lions park Trail and Transit Hub Project for Project Management Services. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a request from john Knowles for Use of City Right of Way, Located at 50 South Main Street for an Annual Sidewalk Sale to be held March 20-22, 2015 from 9:00 AM to 6:00 PM. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Interim City Manager Rachel Stenta presented information on the open City Engineer position job description. Discussion followed. There was no Correspondence to be Read. Under Mayor And Council Reports, Mayor Sakrison stated that he has been following a transportation bill that would increase sales tax on fuel. Mayor Sakrison stated that he would be attending joint meeting on March 12th along with the Division of Water Quality, CIB, Grand County, SITLA, Bowen Collins and San Juan County. Councilmember Ershadi stated she had spoken with the Housing Authority about Solar option and gave an update on the Water Study. Councilmember Peterson stated the Health Care Special Service District as looking into Assisted Living Facility possibilities. Under Administrative Report, Interim City Manager Stenta thanked staff for all their help during this busy time. Ms. Stenta stated staff was busy with personnel issues, bids, Moab Recreation and Aquatic Center Warranty issues and City Manager recruitment. She stated that interviews for City Manager would be on Thursday, February 26, 2015. No Report was given on City/County Cooperation. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $172,582.62. Councilmember Peterson seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Sakrison closed the Public Hearing at 8:10 PM. February 24, 2015 RESOLUTION 09-2015 APPROVED USE OF CITY RIGHT OF WAY FOR JOHN KNOWLES APPROVED CITY ENGINEER JOB DESCRIPTION DISCUSSION READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS PUBLIC HEARING CLOSED Agenda Page 3 of 4 Page 15 of 169 Councilmember Stucki moved to enter into Executive Session to discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Ershadi seconded the motion. The motion carried 4-0 aye. Executive Session Entered at 8:10 PM. Councilmember Peterson moved to exit the Executive Session. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the Regular Council Meeting at 8:45 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder February 24, 2015 EXECUTIVE SESSION ADJOURNMENT Agenda Page 4 of 4 Page 16 of 169 MOAB CITY COUNCIL REGULAR MEETING February 26, 2015 Moab City Council held a Special Meeting on the above date at the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 10:30 AM. In attendance were Councilmembers Doug McElhaney, Kirstin Peterson, Kyle Bailey, Heila Ershadi and Gregg Stucki. Also in attendance were City Recorder/Interim City Manager Rachel Stenta, and Police Chief Michael Navarre. Councilmember Ershadi moved to Approve a letter of support to Grand County Regarding Watershed Protection. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Enter an Executive Session to Discuss the Character, Professional Competence or Physical or Mental Health of an Individual. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. An Executive Session was Entered at 10:42 AM. The meeting was recessed at 12:20 PM. The meeting was reconvened at 1:30 PM. Councilmember Bailey moved to close the Executive Session. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. The Executive Session was closed at 3:26 PM. Mayor Sakrison adjourned the Special Meeting at 3:26 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder/Interim City Mgr. February 26, 2015 SPECIAL MEETING & ATTENDANCE LETTER OF SUPPORT TO GRAND COUNTY FOR WATERSHED PROTECTION, APPROVED MOTION TO ENTER EXECUTIVE SESSION, APPROVED MEETING RECESSED MEETING RECONVENED MOTION TO CLOSE EXECUTIVE SESSION, APPROVED ADJOURNMENT Agenda Page 1 of 1 Page 17 of 169 MOAB CITY COUNCIL MEETIING March 24., 2015 / Agenda. ltem #: 6-1 / e. Title: Approval of Permits for Moab Rotary April Action Car Show Fiscal Impact: Law enforcement and other city services are needed to support this event. These costs, amounting to several thousand dollars, have been budgeted for. The special event and park permit fees provide revenue to the city, as does the sales tax generated by the purchase of goods and services by the participants of the event. Staff Presenter(s): Danielle Guerrero Department: Recorder Applicant: Moab Rotary International Background/Summary: The City Special Events Committee has reviewed the applications for the Use of City Parks and Special Event Business License for the April Action Car Show. We have conferred with the coordinator for the event and are of the opinion that all issues with the event and use of the park have been adequately addressed. We find that the proposed use of Swanny Park for this event provides clear benefits to the community. The event brings many visitors to the community and provides an attraction that locals and visitors enjoy. We have worked directly with the event coordinator on all issues related to the Special Event Permit and the Application for the Special Use of City Parks. Traffic control, street closures, parking of vehicles, vendor location, hours and days of use, etc. have been addressed. Please note that the Park Use Application includes hours of use on three separate days. The Special Events Committee recommends approval of the Application for the Special Use of City Parks and the Special Business Event License Application for the April Action Car Show to be held April 24 through April 26, 2015. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Agenda Page 18 of 169 Staff Recommendation: Staff recommends approval of all items with the following conditions: 1. The vendor organizer will provide extra paper products for the restrooms at Swanny Park. 2. Heat protection will be placed under any food vending apparatus that is placed on the grass. Food vendors will be placed as shown on the attached map. 3. Vendor vehicles will not be placed in the red zone on 100 West Street. 4. Prior to the start of the event, there shall be no parking in the red zones on 100 West Street. 5. The event organizer shall procure and place their own barricades. The City will not place barricades for this event. 6. Signage needs to be provided for, and event staff shall enforce, "no parking" on Walnut Lane. 7. No stakes shall be used for tents or other structures, to avoid puncturing water lines. 8. The event organizer shall provide for recycling containers at each trash can areas, and shall provide for the pick-up for both trash and recycling. 9. The event organizer shall provide a dog monitor for the park to ensure that dogs are not present at the event. Recommended Motion: "I move to approve (insert name of agenda item), subject to the conditions outlined in the Agenda Summary memo for this item." Attachment(s): Special Business Event License Application Application for the Special Use of City Parks Agenda Page 19 of 169 DATE PAID: AMOUNT PAID: RECEIPT NO.: 3/a1 /5- a 40) CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE: TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ❑ TRANSIENT MD): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY} TOTAL FEES: LICENSE #: $200.00 aoo°o ZONE: ie a NAME OF EVENT: DESCRIPTION OF EVENT: COX Jj' 0-11l . LOCATION OF EVENT: U PREMISES TO BE USED: ��� f i f( TEMPORARY STRUCTURES TO BE USED (IF ANY): klek, DATE(S) AND TIME(S) OF EVENT: ANTICIPATED# OF EVENT PARTICIPANTS: L/O Cork TYPES OF VENDORS PARTICIPATING IN EVENT: /1 :fitnd'.17U4 1 NUMBER OF VENDORS PARTICIPATING: L� rrl l �Irf f MVO ti, � 4lakstios@z I (p 19p4 . EXPLAIN FE S GENERATED BY THE EVENT I.E. AOM15510N CHARGES, 300TH FEES, RENT%L CHARS, ETC.): r �421,_ t °•'' rat 01,1 �,-<-44 \/ e; j � ill 4100 \l e ��o r -f e C= c-r IlJ p Oak]n uka v►/1a 1 a-.) �d �'4e, A7� l,i/4-44«- TTT EVENT SPONSOR'S NAME: f noct.h SPONSOR'S ADDRESS: 1 ' G' f >XC Jj SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: CrrY:. PHONE: STATE: DATE OF BIRTH: TYPE OF ORGANIZATION:❑ PROPRIETORSHIP ❑/ PARTNERSHIP n CORPORATION OTHER (SPECIFY): \I�`��}��D'-14 04.11.�()f7(1,6 �, ( EVENT SPONSOR'S SALES TAX ID #: [�7 - ([j� / S/ a K� NAME REGISTERED WITH THE STATE FOR TAX ID: Al Cab THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL, IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANIiC /;'rA LLIC � �L BE DELAYED. 1NVE 1 L'i+Y V1 1 11r `'1. HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE ARI w�.t s 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. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION ANC/ APPLICANT (SPONSOR).WE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. 5 n e of Sponsor ate State of Utah ) ) SS County of Grand ) j CRIBED AND SWORN to before me this r day of 0 � ,�, UU�, NOTE - PUBLIC DAWN M CORN Notary Public State of Utah Comm. No. 678669 My Comm. Expfres Aug 1, 2018 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Agenda Pan,, 7n of 1RCI SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: DATE(S) OF EVENT: BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD � TEMPORARY SALES TAX LICENSE NO./SALES TAX ID 09/08/03 Page 21 of 169 CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE_ (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKENG: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: oo r5QN 1 ❑ YES REQUIRES PLANNING COMMISSION APPROVAL ❑ YES 12r=Q01?-.F5 U-N ( RACI L AFFPNIAL, REVIEWED BY ZONING ADMINISTRATOR: DATE: a AU) 1r6 APPUCANF'S MAILING ADDRESS: NAME OF EVENT: j� V �Q/� f;%Yl� �+ 1I/�lT U•y�/� u 1 LOCATION OF EVENT: cYl. n n G a Mij ot,r L ` ,j ZONE: V'2 ~ 5EC1 A 1, Ciet 1 1 Cia b-4 (-AA) i DETAILED DESCRIPTION OF SPECIAL EVENT: i i i t) } 06/16/05 Agenda Page 22 of 169 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: Name of Organization and Event if a lica e: �'t11-[S(U 'l Address - Day Phone. / _ �z Email: -f a OE ria Proposed Park Usage Information Which park to you intend to use? Swanny Park. Other (please indicate name of park. Please indicate the propos d dates and times of us • Proposed Start Date: Start Time: VO m End Time- 1�' am/0 Proposed End Date: Start Time: ar�pm End Time•T •'�0/pm Please specify what areas of the park are proposed for use- ; For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect. ..7 00 Number of spectators that you expect: 312CD Please describe structures, tents, canopies, portable restrooms, etc. that you pro ose to set up at the park: fRra ��r�r li - 6,n ouxt4k 0101, Pod—R )-t- r (cis ri%C� Will amplification be required for your event? Yes (` No ft ' (� l� Please specify any electrical needs for your event: VC�t�.- � � lA,�a/A— Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. shoul be described. en �rol,c nikfc, V,; i e � � i cy -CCU 7 (, u is (tis t o e wee-- i)} �ofrL � 1 . (- Lye-, i✓ � ` (Wt., If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. too tl~,v6,6,4- PLEASE COMPLETE OTHER SIDE Agenda Page 23 of 169 Do you intend for the park to be open to the public during your event? Yes K No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describq any securityr crowd control measuresyau plan for use of the park: For groups over 100 people, please describe your refuse control and recycling plan: --R_erA-LO \.wk Ot,YILI-otae4z Please descrbe your clean-up plan during and after the event: Oi fer IA - Please tribe your restroom facility elan: etiv\,-11,k4L ;fit n` 1 grin -41 C 0i' I N blk rn tt,tLvnev Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to e community: - /� ` . .t }e-rCtk tz.p.)-k,-,fof�, ( .00 •� Aitzit(A jj..,��.1, 1 R �' o-ce,L_ 1 M /t. ) iry `ki(\Rt! --t ►gtydr Ix-\._ -c). \064,1j) LkoGyi Lei C-I i' re)-r,�S- Please specify and describe other community or city facilities that you plan to use: vfa, Have you applied for a Special Event Permit for this use? Yes Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to,t• is permit, Signature of Contact Person: Date: Public Works Review: Police Department Review: Administrative Review - Park Use Fee: Date Fee Paid: Date of City Council Approval Insurance Received• Final Set up Diagram Received: Special Conditions or Requirements: Other Required Permits and Approvals Agenda Page 24 of 169 swannypark � 400 North Street Aquatic Center Outdoor Swimming Pools Playground 6 Covered Picnic Tables U �\ n \\* Perk Drive t100 50 0 100 200 rl SCALE 1" = 100' FEET to in st. onnack WO !Nest Street Page 25 of 169 SWa/717yPar/r 400 Nartfi Street Playground 6 Covered Picnic Tables \\\\--\\\\\\\&\\\,--<,\\ Pal-kJ/A/o 100 50 0 100 SCALE „ 1 = 100 200 FEET /00 best Street To Main St. One Block Agenda Page 26 of 169 Swarlly Park c 400 North Street Aquatic Center Outdoor Swimming Pools Playground Parr Drive overed Bandsheil 4 � 6 Covered Picnic Tables 100 50 0 SCALE F(744 'a 100 00' a 200 FEET -72ir�1/)---, L To Main St. One Block .45(f_o# 6,1/rykri— SwannyPark 400 North Street Aquatic Center Outdoor Swimming Pools Playground Park ortve �1 L Rat} 1'00 s overed 4andsheil 6 Covered Picnic Tables 100 50 SCALE 0 100 1" = 100' To Main St. One Block 200 FEET Agenda Page 28 of 169 Confirmation of Coverage PHILADEI INSURANCE CO A 4kaolxei of 1ht Dear John, Thank you for your business! Outlined below is your Confirmation of Coverage for: Moab Rotary Club dba Rotary April Action Car Show Policy Number: PHPK1298292 Issuing Company: Philadelphia Indemnity Insurance Company Policy Holder: Moab Rotary Club dba Rotary April Action Car Show PO Box 222 Moab, UT 84532 Product: SE - Special Events Pkg Effective Date: 04/24/2015 Expiration Date: 04/26/2015 Billing Type: Bill Insured Premium: $300.00 Taxes/Fees/Surcharges $0.00 Account number: 81339232 Payment plan: FIXED ANNUAL Payment type: Gross Check Your contacts for this policy are as follows: Account Executive: Rhonda Cross 801-355-4990 Rhonda.Cross@phly.com Marketing Representative: Shiloh Shannon 801-736-3154 Shiloh.Shannon@phly.com Underwriter: Reginald Weiser 609-512-3199 recinald.weisereohlv.com Lock Box: Philadelphia Insurance Companies PO Box 70251 Philadelphia, PA 19176-0251 Binding condition disclaimer: Please note that coverage is bound subject to satisfactory completion of all binding con any) listed on the proposal. If any changes are made at binding, the shown premium is s change. For your convenience please note the important links and contact information below: Risk Management Services Website Claims Center Website or 1 (800) 765-9749 Billing/Customer Service 1 (877) GET PHLY or 1 (877) 438-7459 This is not an invoice Agenda 3 Page 29 of 169 Please consider the environment before printing this email. ******************* Internet Email Confidentiality ******************* The information contained in this message (including any attachments) may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that it is strictly prohibited (a) to disseminate, distribute or copy this communication or any of the information contained in it, or (b) to take any action based on the information in it. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. ********************************************************************** n!u?••r:', si l; .ti;, rlt Ii:%!Ir+t'. 1 im rnrs„+;-., drid „n;r,u,Jchmr=11•, an• intended ntti; tar Pic :.,r. of ihr ;ndr:?du.ti nr ovYrty lu ;+;hi; h it Anti n: .. , tt �- r.1,.. . )I I'. :! I'I'(`r!r'.'t hill- :I ', Ol, ""!= th:: :'.1C inn( ri(1(,d 1!•(tt)li'nt y31. dt..: ' !letr=tl'i t'Ol!'Y(I' ,. ,t�; (i:' .`r,lt'Idir'. 1, t-�, il'; .., ar ;l i' •r ,7rrt;a (, r.=I, ! ,:r„ I. , ;:r:,n h ;•`d. rt ta'., h,rn, r,•(rav••1 ln:, n!,-•:,'.�.-.e In Cr,raznnU1:' the r )trnr.Ui ttedy by And (?e!?!,� rt Irr•:,t ;pUt vld t;r:=•nCry(tt:.;l r•rri,!il .1'1 It ,ridtr nr.?t • . Agenda 4 Page 30 of 169 MOAB CITY COUNCIL MEET March 24, 2015 NG / Agenda. item #: 6-2 Title: Approval of permits and fee waiver for WabiSabi Free Lunch Fiscal Impact: None Staff Presenter(s): Danielle Guerrero Department: Recorder Applicant: WabiSabi Background/Summary: The City Special Events Committee has reviewed the applications for Special Use of City Parks and Special Event Business License for WabiSabi Free Lunch. We find both applications to be complete including a letter from Orion Rogers (SEUDHD). WabiSabi is requesting a Fee Waiver, the Fee Waiver criteria are included. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of all items. Recommended Motion: I move to approve (insert name of agenda item). Attachment(s): Special Even Business License Application for the Special Use of City Parks Letter from Orion Rogers (SEUDHD) Letter requesting Fee Waiver Fee Waiver Criteria Agenda 1 Page 31 of 169 ANTICIPATED # OF EVENT PARTICIPANTS: DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $90.00 LICENSE #: ZONE: NAME OF EVENT: V\10,6 a i FKe e. LiA t cik DESCRIPTION OF EVENT: ('1%e e V V ee)r clN 4 vvluk -fec.� tf rt local I i L ,-..ClI el� 1 j '�/ � �io yes �U got LOCATION OF EVENT: ,Wain ti LI Pai jai fSS J PREMISES TO BE USED: Pi-Lh i C fa b L2j 1a lcny Pay- k- �t•-1�) VCS'fl'QDvylS TEMPORARY STRUCTURES TO BE USED OF ANY): [�A 1 " (`)j19 --f t0+ ( VI�C) sf t keS, r r DATE(S) AND TIME(S) OF EVENT: Iv � o L(14 LiJ (0 {A/` 3) rQ 1 2_Z -6-t r� , VT pal " I PM l (RI ct f4Qilr week) 50 peAr oreek EVENT SPONSORS NAME: Am /s, N ;-)A 1\A.1� N e �? _ (\r\� . Pi cc - ?, re Ili II-) y SPONSORS ADDRESS: t ( \ Y, Ya,',;- `1N;\ Ak\etLn V 1 Orr: I 'YUA' STATE: SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: PHONE: A33)/ ��CI � L47�i1J iT ZIP: 7:y \`3,7[� DATE OF BIRTH: J THIS FORM !S AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL, IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. JANE AMANDA iwarletz_ + /B1Vx Ebc AN HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB PLEASE PRINT NAMEIS) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE NF MATION CONTAINED HEREIN IS RUE. UWE UNDERSTAND THIS LICENSE I NON TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATII AND PONSOR. 3 Ito � j 5 Signature of S State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this I D day of %Y/Ar a t! NOTARY PUBLIC '''.4'7,; JENNIE ROSS I -x Notary Public r� _ State of Utah I Comm. No. 661521 My COMM. F.xplreS DEC 11, 2016 � SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Agenda Page 32 of 169 ATTACH SITE PLAN FOR THE EVENT GROUNDS OF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: N o S p iu rk rat - W2 vv 16t. S-e i+) ►%:vp u,\ e adk vp -kin + GIn �� k - ficna -WOW � V6M n -�el a� n� o n � -4- e-A4 - u nc( -±c b i.e.` cA s J c� .a f S6rv1 � �n�i.S �-1- I em e u c,h I -el- LICENSE APPROVALS CITY STAFF ❑ APPROVED © DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED In DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Agenda Page 33 of 169 07101/f15 CITY of MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: 0.1s�l Del MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: ri •09 . 9OP VAIU‘KD ❑ YES .; No REQUIRES PLANNING COMMISSION APPROVAL ❑ YESje-No REVIEWED BY ZONING ADMINISTRATOR: DATE: ✓ ' NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: Atexarv;lre 'i-si cvt (WcA\o; Scdo 1030 S ., abo lYLG,} TTf t9 Lv, CITY: Mcc&k) PHONE: 1-35-2Sy-zS53 STATE: U T ZIP: giq 3 Z 1 NAME OF EVENT: V v ab Sci 17 I Tire Q WVi cli LOCATIONOFEVENjT,:: S,AI CA n y- P_cky-- i - Z NE' �]�U��IX_ + OY +C uLd a'ic A1DY.GL Pork Shrive) DETAILED DESCRIPTION OF SPECIAL EVENT: M VL-Q- t.A) C410' Sr i, to I t'LLQ-- LUl't Li, lM 1 1 i32 s- rvefi +mil Lk_ reAV wcizA --irlAN1 I fl0A_ i +1,,, )l h d u lq -r\v- a ' 1 2)-1-c . I of i L v4ri- k_s. _ 7h,Qs-c_ mix,tts v+i Li itet^vse local. l q - po,,nn Wit pre ducs- Fitz ki Jou t-- 1 lovo.); i9 4e..s.c.e- nvtn-hbJs k u k MocA, vcs-icici/A. at n o cosi - VJe an ct- ie_44davKi. of Sb eLeppL.Q_ toe,,- v„-eet_ ate( will ,,e.,_dd(-e wasi as�kih�c of-Cl/laced+ �1by ____�� dWV► 1�.0 S Gt �o pi GI �JGi V"�in S'} y S- Agenda Page 34 of 169 06/16/0 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Name of Person Responsible for Use of Park: a (2K.an.cle-a- I-esi cwk Name of Organization and Event if applicable: WA,b,,Sck,b LA (,{ Rev cvty, Address: i030 A-i 1-v\ # i NLoc-t-6 UT 8'1532— J Day Phone: 41 3 5 2-Sq —1 53 Email: vn 12-0-1s' (a "4-6�cul", ice, Oct 6- cu- Which park to you intend to use? Swanny Park. -- Other (please indicate name of park - Please indicate the proposed dates and times of use: Proposed Start Date: I 1 (o 11.5 Start Time: 2-- am/ m End Time• { am/ rC Proposed End Date: fo /22/!5 Start Time: f Z am/(pr�r End Time- I am/)�rn Please specify what areas of the park are proposed for use. 0.1(4 ►-u S fl area- 0.Pa-k- D r ivc, For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: So lie (AA- 14 ire us111f ke_ C ict6 Lef Number of spectators that you expect: 0 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Will amplification be required for your event? Yes No Please specify any electrical needs for your event: Yl oin E Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. C e.Yr4— i S }ntincis_ cl l oc_ u I U ha vn 1 j no+ reivi're S Aro If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. MOhe- Agenda PLEASE COMPLETE OTHER SIDE Page 35 of 169 Page 10 of 26 Do you intend for the park to be open to the public during your event? Yes " No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No ilk Please describe any security or crowd control measures you plan for use of the park: We da vta-+- -fiegee `E 1�1;1 e �-✓� i� (e—Y-C�c *-1- L A, c.� cL� For groups over 100 people, please describe your refuse control and recycling plan: V\j-e va a� LOS +kC(1, ( ( 00 rya lo.,fi Ths11 vitt-1+e- bi Please describe your clean-up plan during and after the event: jt.ond a #►'�eQS loni'}y �}" c''"f } dii�l- W� ofqm k ve*ovt: WV- -lam arid, pi 71� v�v c�,�,� --iWsk /c�� la v(-Is - Please describe your restroom facility plan: W2 vvt) vS2 (✓11�, SAlcir>�� PaYk ltsh"-D�ms -,I� Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: ` 1A.e wee--14-11 { wuuk 4-e,we_ lt-L A4 vv,z6,1 Vuio (o (1 s o an Please specify and describe other community or city facilities that you plan to use: No vz Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes V No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person: Date. 31 1 s Office Use Only Public Works Review: Police Department Review- Administrative Review. Park Use Fee: Date Fee Paid. Date of City Council Approval: insurance Received: Final Set up Diagram Received. Special Conditions or Requirements: Other Required permits and Approvals Agenda Pogse3ylottf1M P SWc7/7/7yParlr 4 400 North Street Aquatic Center 3 Picnic Tables Outdoor Swimming Pools \\\\ \\\\ Park Drive \\\\\\\\\ \\ 100 50 ■ SCALE 0 6 Covered Picnic Tables r)� n <2I1 100 i 200 1"=100' FEET To Main St. One Block 11--0 L Agenda Page 37 of 169 Page 12 of 26 March 16, 2015 Dear Moab City Council, For over a decade WabiSabi has been serving free meals to Moab residents during the cold winter months when many locals are out of work. Since 2005 we have served over 12,000 free or by -donation meals to Moabites in need of a good meal and a sense of community. The growth in popularity of the program, as well as the demonstrated need in the community, has led to our development of a year-round free meals program. Beginning next month, WabiSabi will be launching a new addition to our free community meal offerings. Every Monday from April 6'through June 22' WabiSabi will be serving a free weekday lunch from noon until 1 PM. We hope to use Swanny Park for this event at no cost, as we are a local nonprofit that strives to strengthen the Moab community through the redistribution of local resources. In 2014 alone we granted $20,000 to our nonprofit partners, supplied $11,456 in community donations, and provided $12,836 in vouchers to residents in immediate need. Given all that WabiSabi does for the community, we hope the City Council will consider waiving the special event and park usage fees for our 12 weeks of free lunch service. We feel that we meet two of the denoted criteria for a fee waiver. Firstly, the primary purpose of this event is to provide a community -wide celebration that is offered free of charge to community members —these lunches will celebrate nutritious local food without requesting any money from the community (3e). Additionally, this event will serve as a fundraiser for WabiSabi's free meal program (3a). Though there is no required fee, those who are financially able often donate to our program. All voluntary donations we receive will be used to improve the meals program, a charitable program with the primary goal of serving food to Moabites in need. We believe Swanny Park will be the ideal location for the free weekday lunch because it is well-known amongst residents and has an inviting atmosphere. This setting will encourage locals to get some fresh air in the middle of the day and enjoy a nutritious meal with fellow Moab residents. Our goal is not to make money selling lunch to tourists, but rather cater to Moabites who may not be able to afford a wholesome lunch. This event will not only fill hungry bellies, but it will also support the local agricultural economy. We intend for this lunch to serve "farm - to -table" food, meaning that we will purchase locally grown ingredients and use them to create tasty and healthful dishes. We will also be utilizing excess vegetables and fruits grown by local gardeners in our "Grow a Row' program. This free lunch will allow anyone, regardless of income, to celebrate the wonderful food and inviting community that are fostered here in Southeastern Utah. Both Kaye Davis and I will be preparing these free meals in the Youth Garden's commercial kitchen space. Davis served as the head chef for both the 2014 WabiSabi Thanksgiving and also the 2015 Winter Brunches. Between these two events, 1835 nourishing meals were dished out to satisfied customers. There were no reported incidents of foodborne illness, and we are confident that we will continue this clean track record through the lunch program. Kaye has an extensive history of work in foodservice, including several years at the Moonflower, where she worked as the deli manager and prepared ready -to -eat meals for Moabites on the go. I have three years of experience in foodservice and am a ServSafe Certified Food Manager. Both of us have a background in healthy food preparation and an interest in supporting local food producers. Between the two of us, I foresee this program operating very smoothly and having a positive impact on the Moab community. Thank you very much for reading this letter. We hope that you will consider our request for free usage of Swanny Park in exchange for this public service. Alexandra Yesian WabiSabi Meals Manager Agenda Page 38 of 169 A� D CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDD/YYYY) 03/10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Central Utah Insurance Agency PO Box 877 170 East 100 South Moab UT 84532— NA E: John Fogg Rion FAx (AICN No, Ex* (435) 259-5981 (Am. No): OM) 259-5457 anoESS: foggjohn@insuremoab.com PRODUCER amomm ID oWABISABI INC. INSURER(S) AFFORDING COVERAGE NAIC# INSURED WABISABI INC. 1030 BOWLING ALLEY LN STE #9 MOAB UT 84532- INSURER A :Liberty Mutual Insurance Co. INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR y y GL 8631266 05/29/2014 / / / / / / / / / / / / 05/29/2015 / / / / / / / / / / / / EACH OCCURRENCE $ 1,000,000 PREMISESS (RENTED DAMAGE PREMISESoccurrence) $ 100,000 CLAIMS -MADE X MED EXP (Any one person) S 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT PRO- POLICY JFCT APPLIES PER', PRODUCTS - COMP/OR AGG $ 2,000,000 X LOC S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS S PROPERTY DAMAGE (Per accident) $ 7NON-OVVNED S S UMBRELLA une EXCESS LIAR OCCUR -MADE / / / / / / / / / / / / / / / / EACH OCCURRENCE S ^CLAIMS AGGREGATE $ DEDUCTIBLE RETENTION S S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) It Yes, describe under DESCRIPTION OF OPERATIONS Y! N N / A / / / / / / / / / / / / / / / / VI/C STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S below E.L. DISEASE - POLICY LIMIT S / / / / / / / / DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Charible fund raising Schoduto, I1 moro spaco is roguirod) CERTIFICATE HOLDER CANCELLATION ( ) Moab City Corporation 217 E. Center St. Moab UT 84532- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) INSn7S nnlonol Agenda © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 39 of 169 City of Moab City Council Policy Regarding the Consideration of Fee Waiver Requests It is the general policy of the Moab City Council to not consider requests for fee waivers for city programs, services, permits and licenses. Further, the City Council has determined that exceptions to this general policy may be made at the sole discretion of the City Council, subject to certain conditions, as follows: 1. Requests for an exception to the fee waiver policy shall be made in writing at one month prior to the event or service for which the fee is charged. Such requests shall be submitted to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and the request will be considered as a request for a refund rather than a waiver. 2. The following fees are not subject to an exception under this policy: a. Fees related to public works, including but not limited to water and sewer fees, water and sewer impact fees, storm water drainage fees and solid waste fees. b. Fees related to planning and zoning, including but not limited to subdivision fees, annexation fees and permit fees. c. Fees related to recreation programs and services. d. Fees related to law enforcement, with the exception of traffic control and security fees associated with a special event. e. Fees related to alcohol. f. Other fees not provided for in this policy. 3. The City Council may consider an exception to the fee waiver policy for special -event - related fees, including special event permit fees, special event business license fees, park use permit fees, banner fees, and traffic control fees and security fees, if the organization requesting the exception meets at least one of the following criteria: a. The event, as its main function, is a fundraiser for a charitable organization that provides services to Moab residents. b. The organization sponsoring the event has in the past made and commits to continue to make in the future, a financial donation to the City that covers all or a portion of the costs associated with the event for which the organization is seeking an exception. c. The event organizer is a governmental entity. d. The event's primary purpose is to provide a school program or to benefit a school or school program. e. The primary purpose of the event is to provide a community -wide celebration or program that is offered free of charge to community members. f. The event is one that has been provided by the City in the past. 4. The City Council may consider an exception to the fee waiver policy for building permit fees only for requests made by Grand County or the City of Moab for county or city -owned facilities. ca c d of a Page 40 of 169 m MOAB CITY COUNCIL MEET March 11, 2o14 NG / 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 24 to June 30, 2015 Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder/Admin/Treasurer/Planning Applicant: City Market Background/Summary: This is the same in the same location as last year. Staff have reviewed the proposed application and proposed structure and finds that it 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 City Market #410 Located at 425 South Main Street to Conduct a Garden Center, March 24 to June 30, 2014. Recommended Motion: "I move to approve item 6-4." Attachment(s): Vendor Application Agenda 1 Page 41 of 169 03-02-15;12:57PM; ;4352594135 5i 7 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL— YEARLY). BUSINESS UCENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259.51211 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $ (As DETERMINED BY RESOLUTION) LICENSE #: ZONE: BUSINESS NAME: E 1 49 mcotkc „ !'L LI v BUSINESS MAILING ADDRESS: /�a,5 Sp. / M,;i CITY: /Mak e-mail address: BUSINESS PHONE: 77gS-5/E/ STATE• ZIP: $" i5, Location(s) where business wit! be conducted: Attach agreement of author¢ation from property owner(s) including employee use of Restroom FacMties VRerl Side Li � Length of time and/or specific dates business wil be conducted: NI — une. 30 (90 `5 Proposed hours of operation: Type (see definitions): ❑ Cart ❑ Vehicle ❑ Display Apparatus �/ Vendor Type (see definitions): ❑ Street Vendor 0 Sidewalk Vendor L�lPrnrate Property Vendor ❑ Local Vendor O Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: BUSINESS OWNERS NAME: � iY}i OWNER'SAnonEss: LOS Se;‘, inai/y) CITY: OWNER'S DRNER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNER'S SOCIAL SECURITY NUMBER: PHONE: x8F) -Jc-J9 -6181 ZIP: 245 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): /A:2 S 969 ()Ct--g - -rc_. ravt.ffet Ll D NAME REGISTERED WITH THE STATE FOR TAX ID: 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 IF 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? Agenda Page 42 of 169 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 C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. /c)A Ii1iVE PI Di NAME(S) BUSINESS LICENSE REG LATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDSNANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAIN HEREIN E. IIWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND s'+} ER. INNE A. -EE TO F ROPER R. PORTS WITH THE STATE OF UTAH. State of Utah County of Grand ign• me of Applicant ) § ) HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY SUBCRIBED AND SWORN to before me this day of (YI a , /1/417 JENNIE ROSS Notary Public M NOTARY PU y State of Utah is Comm. No. 661521 ~' - My Comm Expires Dec 11, 2016 DEFINITIONS: Y 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. Y 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. i- 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 located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. Y 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. 11/17/1013 T : 01.1SlN1iSS UCENSCSIBU.S' 1,1C F'ORMSWus Lie - Vendor rerison.doex Agenda Page 43 of 169 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 VVEQUALS 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 (1F 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: 11/17/2013 T:IBUSINESS LICKNSESIBUS I.IC FURMS1Bus ! k - Vendor revison.docr Agenda Page 44 of 169 LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING ❑ APPROVED ❑ DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: ❑ APPROVED ❑ DISAPPROVED REASONS): 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 Hat Fee (includes administrative fee) Long Term (1 month-12 months) *Waived for local vendors with permanent business address in Grand County $20 !1/17/10IJ T:VIUSlNESSLICENSESOUSLlCFORN1SIHuslic- Vendor revisou.dncr per month (plus admin fee) L. Total Fee Agenda Page 45 of 169 03-02-15:12:57PM: ;4352594135 # 5/ 7 wiry oT moan 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Name of Applicant: Business Name: Address: L-1a 5 . Phone: Property Owner: Manii4 #(-1 17)9.-/-) gzxLZ, to/ Email: aiout Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Street Vendor ❑Sidewalk Vendor IP rivate Property Vendor ❑ Loral Vendor ❑ Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Cart ❑ Vehicle f isplay Apparatus Detailed de ription of business activities: (-Q) L7( X-9/ ,A26.1)� Ccu-eic — C 4(T)/e Total number of off-street parking spaces: H`7 k/ 7" Flours of operation � — �a �� n%�� /9 To be filed out by city: Zoning: Allowed use per Moab Municipal Code section: Dumber of parking spaces required for permanent business: Number of parking spaces required for other businesses: Zoning Administrator Date Agenda Page 46 of 169 ) 1\)a,0 .StruauRt. PREPfnci LoT ')de ujA L K neE rroirl n'l0r4bi <345,32, NOT TCD PiQn Ciaade, r - Page 47 of 169 ,6 • , t firiols poombiu ,i, m6z I: 6uRsixD , I .. ' sasnoquaaic-) . , L. zxz 1, pasodard - . . 1 A Taa4 001, = I-10u! 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PRIM, AS eu E Q Agenda Page 49 of 169 / MOAB CITY COUNCIL MEETIING March 24, 2o15 Agenda ltem #: 6-4 / Title: Approval of a Private Property Food Vendor License for Kim Kirks, d.b.a. CK Desert Ice L.L.C. Located at 89 North Main Street to Conduct a Shave Ice Business, April 10 to September 10, 2014 Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder/Treasurer/Planning Applicant: Kim Kirks Background/Summary: This applicant has previously been approved for a Moved -on Structure permit, previous to the adoption of the Vendors Ordinance. Staff has reviewed the proposed application and proposed structure and finds that it 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 Food Vendor License for Kim Kirks, d.b.a. CK Desert Ice L.L.C. Located at 89 North Main Street to Conduct a Shave Ice Business, March 10 to August 31, 2015. Recommended Motion: I move to approve (insert agenda item title). Attachment(s): Vendor Application Agenda Page 50 of 169 CITY OF MOAB DATE PAID: AMOUNT PAID: RECEIPT NO.: VENDOR (REQUIRES CITY COUNCIL APPROVAL — YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 I FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $ (AS DETERMINED BY RESOLUTION) LICENSE #: ZONE: BUSINESS NAME: D` set 4. T-` e L L-C, BUSINESS PHONE: ga 30- qteff BUSINESS MAILING ADDRESS: ��` 45 Mc V9 Place e-mail address: Ftrtt-S i&i 1YlSi1 i C.OM CITY: V0a1/ STATE: ✓VI ZIP: a-I,532- Location(s) where business will be.condu ed: Attach agreement of authorization from property owner(s) main ain including employee use of Restroom Facilities I"1 Length of time and/or specific dates businbss' will be conductedi$ tt.10! 2f3 1 Proposed hours of operation: l �m l opm obit2vis Type (see definitions): ❑ Cart ❑ Vehicle tg Display Apparatus Vendor Type (see definitions): ❑ Street Vendor ❑ Sidewalk Vendor ta Private Property Vendor ❑ Local Vendor ❑ Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: 416 6 Ice } iP.F'ti'1a► al e. j WA-fe' BUSINESS OWNER'S NAME: OWNER'S ADDRESS: Kim Ki r ks PHONE: 60(369 91814 q cs McVay PIAc� CITY: Moa �o STATE: vrr zIP: QyS3Z OWNER'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTI OWNER'S SOCIAL SECURITY NUMBER: 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): 12-4 7Q 33 2 - 004 5 tC NAME REGISTERED WITH THE STATE FOR TAX ID: 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 IF 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! Agenda Page 51 of 169 THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WALL 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 GITY 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 OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. INVa 4 k D�dec-- ILL 16.EI izazx f HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAFAE(S) 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. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. IIWE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. ,3/3/10/s Date State of Utah County of Grand Signature of Appiicanl ) ) § SUBCRIBED AND SWORN to before me this ,? day of mr.1` , aors . NOTARY PU DEFINITIONS: JENNIE ROSS r Notary Public \ Z ., State of Utah ' `".:f; Gomm. No. 661521 � �••••• My Comm. Expires tier' tt, 2D16 ` •_ ________—-— > 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 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. I/27/2013 T .V3USINESS LICENSESYBUS LIC FORMSYBus Lic - Vendor r•erisorrdocx Agenda Page 52 of 169 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 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 OF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) Cl BACKGROUND CHECK OF PROPOSING OPERATION IN 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 (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: BU.SINESSLICENSESWUSLIC FORMS1Bus Lic - Vendor revison.clocx Agenda Page 53 of 169 LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASONS): SPECIAL CONDITIONS: CITY PLANNING ❑ APPROVED ❑ DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED ❑ 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' $500 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 Tom! Fee. 11/27/2013 Tr4BUS1NESS1,ICENSESIBUSLICFORAISOuslic-Vendm•revison.docr Agenda Page 54 of 169 CITY 4F MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR ENSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): AOTHER, PLEASE EXPLAIN: UU149-0 r" GLa r BUSINESS NAME: BUSINESS ADDRESS: OWNERS NAME: 8 1 BUSINESS PHONE: 80 - 0.3 c1'0J- !`-! r OWNERS PHONE St 3 ` Z [.I etf TYPE OF BUSINESS (EXPLAIN IN DETAIL): Ict . 4' L.e.-1 THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435)259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 575 LANE CREEK BLVD INSPECTION REQUIRED: ❑ YES NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED DISAPPROVED REASON: SiG 07 0 / 05 Agenda Page 55 of 169 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-51 21 FAX (435) 259-41 35 Property Owner Authorization Letter City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that I, Se 061 Vete Date• sr 2! )-6r5 (property owner name) am the owner of the property located at e maim 01-131&- DO ZD (property address and parcel tax ID 4) I understand that Kiwi h r les (name of business license applicant) has applied for a business license for Lf4 Pegerf- (applicant business name) from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for employees of the above listed business. Gyt e.— Signature �I ;5;-, % 15-- ,t/o-_ Printed Name s e"1/4.7 vk (Ales • Telephone # Email Please list additional businesses authorized to use the above property and restroomt facilities: Ouesadilla Agenda Page 56 of 169 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 24, 2o1.5 Agenda Item #: 7- Title: Approval of Task Order #15-01 with Bowen Collins & Associates, Inc. Approving a Scope of Services for a Preliminary Engineering Report for the New Wastewater Treatment Facility in an amount not to exceed $165,210 Fiscal Impact: $165,210 (Impact Fee Eligible) Staff Presenter(s): Rachel Stenta, Interim City Manager Department: Engineering Consultant: Bowen Collins & Associates, Inc. Background/Summary: This Task Order is the next step forward for our WWTP project. These next nine tasks will enable our consulting engineers to produce a Preliminary Engineering Report Study which will represent approximately 30% of the design. These services were competitively procured through a Request for Proposal (RFP) process in 2014. Some of the first prioritized tasks will be Site Visits with staff to comparable treatment facilities and the Environmental Assessment and Geotechnical Investigation of the proposed site. This task order is budgeted for this year as part of the WWTP Upgrade project which is funded with Sewer Impact Fees (please see attached capital budget). Options: Approve, deny or table. Staff Recommendation: Staff recommends approving the Task Order Recommended Motion: I move to Approve Task Order #15-01 with Bowen Collins & Associates, Inc. Approving a Scope of Services for a Preliminary Engineering Report for the New Wastewater Treatment Facility in an amount not to exceed $165,210. Attachment(s): Task Order, Capital budget Agenda 1 Page 58 of 169 MOAB CITY CORPORATION Capital Budget 51 - 51 Water & Sewer Fund as of 03/31/2015 3/20/2015 Description 2015 Budget 2015 Actual Projects: Impact Expenditures - Sewer 0 0 Impact Expenditures - Water 0 0 Impact Project/Sewer - Impact Fee Study 18,125 0 Impact Project/Sewer - Sludge Dewatering System 360,000 228,393 Impact Project/Sewer - Wastewater Facilities Master Plan 35,000 46,441 Impact Project/Sewer - WWTP Upgrade 350,000 1,962 Impact Project/Water- Impact Fee Study 9,141 0 Impact Project/Water - Regional Water Study 50,000 0 Impact Project/Water - Tank Assessment & System Constructi 78,500 24,419 Sewer Building for VAC truck 100,000 0 Sewer Lines - Minor 100,000 0 Sewer Lines - North Area 0 0 Sewer lines Willows Project 70,000 3,614 Sewer Maintenance 0 0 Water Line - 500 West and Kane Creek 350,000 342,027 Water Lines - Minor 7,500 0 Total Projects: 1,528,266 646,854 Direct Purchase: 1611 - Land 0 0 1615 - Water shares 0 0 1631 - Water wells 0 0 1641 - Water tanks 0 0 1642 - Water lines 0 0 1643 - Meters 50,000 0 1651 - Sewage treatment facilities 0 0 1652 - Sewer lines 0 0 1661.1 - Equipment - general 0 0 1661.2 - Equipment - water 12,700 0 1661.3 - Equipment - sewer 0 0 1665 - Office furniture and equipment 0 0 1671 - Autos and trucks 0 0 Total Direct Purchase: 62,700 0 Total Capital Requirement: 1,590,966 646,854 Long Term Debt Repayment: Total Long Term Debt Repayment: 0 0 Total Capital and Long Term Debt Requirement: 1,590,966 646,854 Resources to be Provided: Net Income 881,966 506,916 Add Depreciation 335,000 25,848 Provided/Required from Operation: 1,216,966 532,764 Project Borrowing 0 0 Total Resources to be Provided: 1,216,966 532,764 Resource Remaining or to be Provided: (374,000) (114,090) Beginning Capital Asset Resources: 0 0 Ending Capital Asset Resources: (374,000) (114,090) Agenda Page 1 Page 59 of 169 Bowen Collins & Associates, Inc. SIN" CONSULTING ENGINEERS EXHIBIT A — TASK ORDER 15-01 SCOPE OF SERVICES FOR PRELIMINARY ENGINEERING REPORT NEW WASTEWATER TREATMENT FACILITY BACKGROUND AND INTRODUCTION The City of Moab has previously contracted with Bowen Collins & Associates (BC&A) to update the Facilities Master Plan (Master Plan) for the Moab Wastewater Treatment Plant (WWTP). The Facilities Master Plan Update has been completed and reviewed with the City. This work was performed as part of Task Order 14-04 under an existing general services agreement between BC&A and the City of Moab. The Master Plan evaluated the current and future wastewater treatment requirements of the City and the ability of the existing WWTP to meet future wastewater treatment needs. It was determined that the WWTP is no longer able to provide the capacity, performance and reliability to adequately and economically serve the wastewater treatment and disposal needs of the City. Also, the existing WWTP does not have the ability to meet increasingly stringent effluent quality regulations. The Master Plan recommended that a new treatment facility be constructed on an adjacent parcel of land as the best solution for meeting current and future requirements for the next 50 years or more. The next step towards providing a new wastewater facility for Moab is development and preparation of a Preliminary Engineering Report. The Preliminary Engineering Report will identify a majority of the critical technical and non -technical requirements in order for the project to proceed and will provide data and solutions for these items. Work will proceed approximately to the 30% design completion level, which should enable the detailed final design to follow with minimal delay, disruption or controversy. This Task Order includes the development of the Preliminary Engineering Report Study for the new wastewater treatment facility, with the following tasks. Task 1.1 Task 1.2 Task 1.3 Task 1.4 Task 1.5 Task 1.6 Task 1.7 Task 1.8 Task 1.9 Site Visits to Comparable Treatment Facilities Agency and Funding Coordination Final Process and Facility Selections Environmental Assessment Geotechnical Investigation Property, Utility and Topographic Surveys Preliminary Engineering Data and Report Preparation Progress and Coordination Meetings Project Management Agenda Page 60 of 169 TASK DESCRIPTIONS Task 1.1— Site Visits to Comparable Treatment Facilities BC&A will organize and conduct up to three site visits to existing municipal wastewater treatment plants that contain facilities and use processes similar to those proposed for Moab. Two engineers from BC&A and two or more staff from the City (including the plant operator) will be encouraged to attend these important visits in order to observe and better understand the facilities, equipment, operation, structures and other elements that may be proposed for this project. This task includes costs associated with BC&A personnel to attend these visits. The City will pay the costs associated with City personnel Deliverables: Photos and a brief write-up regarding each plant visit, including advantages and disadvantages as determined by on -site operators. The fee estimate for this task is $12,800. Task 1.2 — Agency and Funding Coordination BC&A will provide assistance, information and data as requested by the City to assist with regulatory, funding and coordination requirements with state and federal agencies and other local municipalities and service areas. Additionally, BC&A will assist the City with the development of governance agreements between the participating agencies. In necessary, BC&A will coordinate third party negations between participating agencies. The cost a third party mediator is not included in this task. Deliverables: Data, information, documentation and recommendations as requested and required. The fee estimate for this task is $11,400. Task 1.3 — Final Process and Facility Selections BC&A will complete the effort to select the recommended biological treatment process, either Ox- Ditch or Sequencing Batch Reactor (SBR). The selected process will then be further evaluated to determine the recommended equipment manufacturer, supplier and mechanical and electrical control system integrator. Selection of associated equipment and processes will also occur including pumping equipment, headworks screenings and grit removal systems, ultraviolet effluent disinfections system, mixing and aeration equipment, solids dewatering equipment, etc. Deliverables: Process and equipment selections and recommendations. The fee estimate for this task is $12,200. Agenda Page 61 of 169 Task 1.4 — Environmental Assessment Once a treatment process has been selected and a site finalized, BC&A will provide professional services and prepare an Environmental Assessment (EA) for the proposed treatment plant site in order to conform to NEPA requirements related to anticipated federal funding for this project. It should be noted that this Task will take approximately 6-months to complete, and it is recommended that the EA process begin as soon as possible. The EA will consist of the following: 1.4.1 Conduct public scoping meeting to gather input from public, agencies and stakeholders. Notify stakeholders and distribute meeting notes and information. 1.4.2 Affected Environment — Identify impacts and mitigation for proposed project as given below. • Identify primary impacts • Identify secondary impacts • Identify mitigation measures • Prepare technical report 1.4.3 Public Participation/Agency Coordination — Continued coordination, public participation, notifications, public hearing if required. Following elements will be included. • Agency consultation • Public review of draft EA • Notifications • Receive public comments • Conduct public hearing 1.4.4 Document Preparation — The final EA will clearly identify and describe the proposed alternative and the basis for the decision, demonstrate compliance with applicable environmental laws, provide reasonable assurance that the requirements can be met, include copies of comments received and responses, and any other changes or corrections. With the EA process complete, if it is determined that there are no significant impacts associated with the project, the Lead Agency (EPA) will prepare a FONSI (Finding of No Significant Impact). The following subtasks will be performed. • Review/incorporate field work and reports • Prepare draft EA document • Public process description • Incorporate alternative descriptions • Alternatives analysis • Environment impacts and mitigation measures • City review of draft EA • Revise draft EA based on City and EPA reviews • Prepare final EA Agenda Page 62 of 169 1.4.5 Field Work — BC&A will conduct field work during the warm, growing season to determine the existing conditions of the site. The environmental field work will also evaluate areas within a 300 foot buffer of the project for potential indirect impacts of the project. BC&A staff will conduct field work that will include archaeological studies, vegetation and habitat studies, avian studies, threatened and endangered species studies, and wetland and riparian mapping. BC&A will provide maps of these studied and write- ups for each to be included as part of the environmental document and analysis. Deliverables: Draft and final environmental assessment reports. The fee estimate for this task is $36,500. Task 1.5 — Geotechnical Investigation and Report BC&A will obtain the services of a qualified geotechnical sub -consulting firm to perform borings, take soil samples, perform laboratory analyses and make recommendations regarding geotechnical conditions encountered at the proposed treatment plant site. A report will be prepared providing this data and recommended engineering criteria for construction of utilities, pipelines, treatment facilities, etc., and for dealing with groundwater and related issues and concerns. BC&A will administer, coordinate and control this work. Information provided in the report will be used to guide the preliminary engineering and detailed design of recommended improvements for the new treatment facility. It is recommended that this work begin as soon as possible, with the authorization from the property owner. Deliverables: Geotechnical engineering report, electronic and hard copies. The fee estimate for this task is $13,200. Task 1.6 — Topographic, Utility and Property Surveys BC&A will obtain the services of a qualified land surveying sub -consulting firm to perform topographic, utility and property/boundary surveys at the proposed treatment plant site and adjacent utilities, influent and effluent sewer pipelines and related facilities. Electronic survey data will be provided to BC&A by the sub -consultant for use in determining the preliminary engineering and detailed design requirements imposed by the recommended land parcel. Boundary data will be used to develop legal descriptions as needed for property acquisition, easements, etc. Drawings will be prepared to depict topographic, utility and boundary information as needed. BC&A will administer, coordinate and control this work. It is recommended that this work begin as soon as possible, with the authorization from the property owner. Deliverables: Electronic survey data, legal descriptions, drawings as described. The fee estimate for this task is $7,040. Task 1.8 — Preliminary Engineering Data and Report Preparation Agenda Page 63 of 169 BC&A will perform analyses and provide data, computations, drawings, criteria lists, figures, diagrams, schedules, summaries, etc. in order to present the findings and bring the overall project design to an approximate 30% completion level. Both draft and final reports will be prepared to document the entire preliminary engineering study and provide for the detailed final design effort to proceed in an efficient and orderly manner. Project data and criteria for structural, electrical, mechanical, HVAC, civil, landscape and architectural disciplines will be evaluated, analyzed and documented. General sizing, capacity, loads, routing and other requirements for electrical power, natural gas, potable water, communication facilities, influent and effluent sewer lines and other utilities and infrastructure will be determined. Coordination with the utility providers will occur. Standby power requirements will be estimated. Process and other mechanical and electrical equipment capacities, sizes, power and control requirements, structural and mechanical needs and characteristics will be obtained. General building and structure types, sizes and configurations will be determined. Building code requirements will be identified and reviewed. The following information will be prepared and provided under this final step of the preliminary engineering study: • Design criteria summary lists • Equipment schedules and data sheets • Process diagram(s) • Solids balance • Hydraulic profile • Site plan • Administration and maintenance building(s) plan and elevations • Electrical one -line diagram(s) • Opinion of probable construction cost Deliverables: As indicated above, including draft and final reports. The fee estimate for this task is $53,400. Task 1.8 — Progress and Coordination Meetings BC&A will organize, schedule, attend and conduct up to five project progress and coordination meetings with City staff and other designated parties at City offices in Moab. Input from City staff and others will be obtained and incorporated into project planning and decision making as appropriate. Deliverables: Meeting agenda and minutes. The fee estimate for this task is $12,500. Task 1.9 — Project Management Major elements of the BC&A project management approach are to select the team, plan the work, endorse and execute the plan and actively manage changes. Communication, resolution of changes, decisions, and other issues will be addressed through this approach. Jeff Beckman will Agenda Page 64 of 169 be the overall project manager and primary point of contact for the activities outside of the environmental assessment. Ms. Jamie Tsandes will manage the EA and provide communication and flow of information between Moab City and the EPA. General Activities: • Schedules, work plans, task assignments • Progress reports and schedule updates • Client meetings • Technical memos, reports and deliverables • Quality and contract compliance reviews • Other communications and coordination as needed The fee estimate for this task is $6,200. FUTURE TASKS Upon completion of the Preliminary Design Report, BC&A is prepared to complete the Final Design of the new wastewater treatment plant. The scope for this task is dependent upon the final recommendation as developed in Preliminary Engineering Report. However, it is recommended that the consider approval of these tasks, based upon final negation and approval from City Staff in an effort to expedite this project. Task 2.0 - Final Design Phase Task 3.0 — Bid Period Services Task 4.0 — Construction Period Services Agenda Page 65 of 169 City of Moab, Utah Task Order 15-01 Preliminary Engineering Engineering Man -Hour and Fee Estimate Prepared by Bowen, Collins & Associates January 201 Personnel (Billing Rates for Calendar Year 2015) Subtotal Hours Subtotal Labor Expenses Total Cost Labor Category Chief Engr. Proj. Mngr. LS Arch. Env. Sci. Clerical Engr. III Engr. III Tech. IV Staff B. Mayers J. Beckman J. Tsandes M. Davis Staff C. DeKorver Staff Staff Labor Rate $127 $135 $107 $90 $62 $102 $107 $107 Task No. Task Description 1.0 Pre -Design Phase (Preliminary Engr. Report) _ _ 1.1 WWTP Site Visits 32 32 64 $ 8,384 $ 4,448 $ 12,832 1.2 Agency and Funding Coordination 80 80 $ 10,800 $ 560 $ 11,360 1.3 Select Final Processes and Facilities 40 16 40 96 $ 11,520 $ 672 $ 12,192 1.4 Environmental Assessement 160 60 10 40 270 $ 27,220 $ 9,280 $ 36,500 1.5 Geotechnical Study 12 4 16 $ 2,064 $ 11,112 $ 13,176 1.6 Topographic and Property Surveys 8 4 12 $ 1,556 $ 5,484 $ 7,040 1.7 Preliminary Design Report 80 40 20 160 80 380 $ 42,480 $ 10,910 $ 53,390 1.8 Progress and Coordination Meetings 40 40 80 $ 10,480 $ 2,060 $ 12,540 1.90 Project Management 40 40 $ 5,400 $ 780 $ 6,180 $ - Pre -Design Phase - Subtotal 212 256 160 60 30 40 200 80 1038 $ 119,904 $ 45,306 $ 165,210 2.0 Final Design Phase 2.1 TBD 0 $ $ $ 2.2 TBD 0 $ $ $ 2.3 TBD 0 $ $ S Design Phase - Subtotal 0 0 0 0 0 0 0 0 0 $ - $ - $ - 3.0 Bidding Phase 3.1 TBD 0 $ $ $ 3.2 TBD 0 $ $ $ 3.3 TBD 0 $ $ $ Bidding Phase - Subtotal 0 0 0 0 0 0 0 0 0 $ - $ - $ - 4.0 Construction Phase 4.1 TBD 0 $ $ $ 4.2 TBD 0 $ $ $ 4.3 TBD 0 $ $ $ Construction Phase - Subtotal 0 0 0 0 0 0 0 0 0 $ - $ - $ - - TOTALS 212 256 160 60 30 40 200 80 1038 $ 119,904 $ 45,306 $ 165,210 Expenses include: Mileage reimbursement at $0.75/mile Computer/Communications Charge at $7.00/1abor hour 10% Markup on other project related expenses Page 66 of 169 r l / AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 24, 2015 Agenda Item #: 7-2 Title: Approval of a Fiscal Year 2015 Source Grant Agreement for a Water Quality Hardship Grant from the State of Utah Division of Water Quality Fiscal Impact: In -kind services and labor Staff Presenter(s): Eric Johanson, Acting City Engineer Department: Engineering Applicant: n/a Background/Summary: The approval of the Utah Nonpoint Source Grant Authorization Letter and the FY 2015 Nonpoint Source Grant Agreement are needed to receive the funding for the Pack Creek bank restoration at the north end of Wagner Avenue. In 2010 Stan Holland had Jim Keogh install what might best be described as a building pad on his parcel at this location. He did not seek any permits to do this, and much of the material was placed in the City's FC-1 zone, which is also the Pack Creek flood zone and floodway. Although staff pursued possible prosecution for the flagrant disregard of the City's and building department's codes, the City prosecutor showed little interest. City engineer Rebecca Andrus then decided to pursue funding from the Utah Water Quality Board, part of the Division of Water Quality, through the Moab Area Watershed Partnership chaired by Arne Hultquist. Rebecca submitted the application and this authorization letter and agreement are the result of its acceptance by the funding body. The Division of Water Quality's interest is in seeing the material removed from the Pack Creek flood area, so as to avoid this material being washed downstream in floods or rain events. The funds will be used to hire a contractor who will remove the material in the flood area and restore the stream bank to a condition that will avoid erosion and future deposition of material in the flood area. The Utah Water Quality board will provide $31,264 at the outset with $5,000 more to be made available after July 2015. The City's match is to provide in -kind equipment for dirt moving, in -kind labor of plan preparation, permitting and billing, etc., as well as materials and dump fees etc., all valued at $24,472.40. Options: Approve, deny or table. Staff Recommendation: Staff recommends approving the Grant Agreement i Agenda Page 67 of 169 Recommended Motion: I move to approve Fiscal Year 2015 Source Grant Agreement for a Water Quality Hardship Grant from the State of Utah Division of Water Quality in the amount of $31,264. Attachment(s): Grant Agreement Agenda Page 68 of 169 .Y� State of Utah GARY R. HERBERT Governor SPENCER J. COX Lieutenant Governor FEB 262015 Mayor David Sakrison City of Moab 217 East Center Street Moab, UT 84532 Dear Mayor Sakrison: Department of Environmental Quality Amanda Smith Executive Director DIVISION OF WATER QUALffY Walter L. Baker. P.E. Director Subject: Utah Nonpoint Source Grant Authorization Letter FY 15 — City of Moab Water Quality Board Myron E. Bateman, Chair Shane Emerson Pace, Vice -Chair Clyde L. Bunker Merritt K. Frey Jennifer M. Grant Hugh E. Rodier Gregg Alan Galecki Leland J. Myers Amanda Smith Walter L. Baker Executive Secretary The Utah Water Quality Board (Board) has authorized a Nonpoint Source Grant to the City of Moab in the amount of $31,264. Based on the information submitted, the project meets the criteria for Nonpoint Source (NPS) funding as required by UAC R317-101-7. The project is "a study, activity, or mechanism that abates, prevents or reduces water pollution." The project is expected to improve the water quality of Pack Creek The funding will be used for the restoration of the natural stream bank of Pack Creek through removal and disposal of concrete and other construction debris, re -grading the stream bank to match the historical slope, and construction of a berm to properly direct drainage. If the Applicant fails to reasonably comply with the Project schedule, this Authorization may be withdrawn. If an approved schedule is not provided, the Applicant must complete the Project within one year of the date of this letter, or this Authorization may be withdrawn. Two (2) copies of the Grant Agreement are enclosed. Please sign and return both copies of the Grant Agreement to our office: Agenda Division of Water Quality Attn: Emily Cant6n PO Box 144870 Salt Lake City, Utah, 84114-4870 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144870 • Salt Lake City, UT 841144870 Telephone (801) 5364300 • Fax (8011536-4301 • T.D.D. (801) 536-4414 „Ft'sq$90.1Vat.A9 Printed on 100% recycled paper Mayor Sakrison Page 2 A fully executed Grant Agreement will be returned to you for your files. To be reimbursed for project eligible expenses, please submit invoices and proof of payment to the DWQ for completed work. If you have any questions concerning the grant, please contact Carl Adams at 801-536-4330. Sincerely, UTAH WATER QUALITY BOARD Executive Secretary Enclosure(s): (2) NPS Grant Agreement U:IENG_WQIERCANTONII NPS\PROJECT FILEs\CrrY OF MOA131M0AR - FY15 AUTH LTR.IDOCX File: NPSIFY 20151City of Moab Agenda FY 2015 NONPOINT SOURCE GRANT AGREEMENT WATER QUALITY HARDSHIP GRANT FUND STATE OF UTAH Department of Environmental Quality Division of Water Quality This grant agreement is entered into by and between the State of Utah, Department of Environmental Quality, Division of Water Quality, Water Quality Board (hereinafter the "BOARD") and the CITY OF MOAB applicant for a Hardship Grant under the Water Quality Board provisions contained in Title 73, Chapter 10C, Utah Code Annotated 1953 (hereinafter the "GRANTEE"). Pursuant to the provisions of the Statute, and the powers and functions of the Water Quality Board, the BOARD hereby finds and determines, based upon the formal application of the GRANTEE, the evidence provided by the GRANTEE to the BOARD and its staff, and information developed by the BOARD in its own investigations on the application of the GRANTEE, the following, that: 1. The GRANTEE is an individual, corporation, association, state or federal agency, or other private entity pursuant to Section 73-1 Oc-4.5 (1) that intends to acquire, construct, or implement a nonpoint source project as defined in 73-10c-2 (9). 2. The proposed project has been determined to meet Nonpoint Source or wastewater project grant/loan considerations. 3. The project has been determined by the BOARD to not be economically feasible unless grant assistance is provided. 4. The GRANTEE has been authorized by the BOARD pursuant to Section 73-1 Oc-4 (7) to receive a Hardship Grant. Based upon these findings, the BOARD is authorized and empowered to, and does hereby, enter into the following agreement with the GRANTEE. Agenda Page 71 of 169 GENERAL PROVISIONS 1. The BOARD shall provide the GRANTEE the amount of $31,264 for the completion of the Project, including scope of work and cost break down, as described in the Financial Assistance Application (application). 2. The GRANTEE shall complete the Project described in the attached application, within the time period identified in the Plan of Study or Engineering Plan. If work on the project is not completed by DECEMBER 31, 2015 this grant may be canceled by written notice from the BOARD to the GRANTEE. No work completed after receipt of the notice shall be reimbursable. 3. The GRANTEE shall comply with any special grant provisions identified herein. 4. The GRANTEE shall notify the BOARD in writing of any proposed modification to the Project that alters the scope of work and/or GRANT AMOUNT. If such notification is not received, the cost of the proposed modification will be disallowed. 5. The GRANTEE shall comply with all laws that normally govern its affairs in regard to contracts, fiscal procedures, and procurement procedures. 6. The GRANTEE shall indemnify and hold harmless the State of Utah, the Department of Environmental Quality and their officers, agents and employees from and against any and all loss, damage, injury, liability, and claims, including claims for personal injury or death, damages to personal property and liens of workmen and material men, howsoever caused, resulting directly or indirectly from the performance of this agreement by the GRANTEE, including attorneys fees and costs in the investigation or defense of any claim, whether or not the claim has merit. 7. The GRANTEE shall be an independent contractor, and, as such, shall have no authorization, express or implied, to bind the State of Utah the Department of Environmental Quality, the Division of Water Quality or the Water Quality Board to any agreement, settlement, liability, or understanding whatsoever, nor to perform any acts as agent for the State of Utah, except as herein expressly set forth. 8. GRANTEE expenditures under this grant determined by audit to be ineligible for reimbursement because they were not authorized by the terms and conditions of the grant, or that are inadequately documented, and for which payment has been made to the GRANTEE will be immediately refunded to the BOARD by the GRANTEE. The GRANTEE further agrees that the BOARD shall have the right to withhold any or all -subsequent payments under this or other contracts to GRANTEE until recoupment of overpayment is made. 9. This grant may be altered, modified, or supplemented only by written amendment, executed by the parties hereto, and attached to the original signed copy of this agreement. The BOARD will allow no claim for services furnished by the GRANTEE, not specifically authorized by this Agreement. 10. If it is determined that in any manner the grant was improperly made or entered into, or if the monies are or were used improperly or contrary to the terms of this agreement, the GRANTEE shall pay to the BOARD the amount of all monies and benefits received by the Agenda Page 72 of 169 GRANTEE by the BOARD. 11. When the GRANTEE is the Utah Department of Environmental Quality, paragraphs 6 and 7 of the General Provisions of this agreement shall not apply and will not be considered part of this agreement. When the GRANTEE is an agency of the State of Utah other than the Utah Department of Environmental Quality, the references to the State of Utah in paragraphs 6 and 7 of the General Provisions shall be considered to mean only the Utah Department of Environmental Quality, the Division of Water Quality, and the BOARD. EXECUTION NOW, THEREFORE, by virtue of the authority contained in Title 73, Chapter 10, Utah Code Annotated, 1953, as amended, the parties hereto mutually agree to perform this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on , 2015. This contract will take effect upon approval as evidenced by the appropriate signatures. GRANTEE STATE CITY OF MOAB 217 E CENTER STREET MOAB, UT 84532 APPROVED - UTAH WATER QUALITY BOARD By: By: David Sakrison, Mayor Carl Adams, Manager Watershed Protection Section Agenda Page 73 of 169 FY 2015 NONPOINT SOURCE GRANT AGREEMENT WATER QUALITY HARDSHIP GRANT FUND STATE OF UTAH Department of Environmental Quality Division of Water Quality This grant agreement is entered into by and between the State of Utah, Department of Environmental Quality, Division of Water Quality, Water Quality Board (hereinafter the "BOARD") and the CITY OF MOAB applicant for a Hardship Grant under the Water Quality Board provisions contained in Title 73, Chapter 10C, Utah Code Annotated 1953 (hereinafter the "GRANTEE"). Pursuant to the provisions of the Statute, and the powers and functions of the Water Quality Board, the BOARD hereby finds and determines, based upon the formal application of the GRANTEE, the evidence provided by the GRANTEE to the BOARD and its staff, and information developed by the BOARD in its own investigations on the application of the GRANTEE, the following, that: 1. The GRANTEE is an individual, corporation, association, state or federal agency, or other private entity pursuant to Section 73-1 Oc-4.5 (1) that intends to acquire, construct, or implement a nonpoint source project as defined in 73-10c-2 (9). 2. The proposed project has been determined to meet Nonpoint Source or wastewater project grant/loan considerations. 3. The project has been determined by the BOARD to not be economically feasible unless grant assistance is provided. 4. The GRANTEE has been authorized by the BOARD pursuant to Section 73-10c-4 (7) to receive a Hardship Grant. Based upon these findings, the BOARD is authorized and empowered to, and does hereby, enter into the following agreement with the GRANTEE. Agenda Page 74 of 169 GENERAL PROVISIONS 1. The BOARD shall provide the GRANTEE the amount of $31,264 for the completion of the Project, including scope of work and cost break down, as described in the Financial Assistance Application (application). 2. The GRANTEE shall complete the Project described in the attached application, within the time period identified in the Plan of Study or Engineering Plan. If work on the project is not completed by DECEMBER 31, 2015 this grant may be canceled by written notice from the BOARD to the GRANTEE. No work completed after receipt of the notice shall be reimbursable. 3. The GRANTEE shall comply with any special grant provisions identified herein. 4. The GRANTEE shall notify the BOARD in writing of any proposed modification to the Project that alters the scope of work and/or GRANT AMOUNT. If such notification is not received, the cost of the proposed modification will be disallowed. 5. The GRANTEE shall comply with all laws that normally govern its affairs in regard to contracts, fiscal procedures, and procurement procedures. 6. The GRANTEE shall indemnify and hold harmless the State of Utah, the Department of Environmental Quality and their officers, agents and employees from and against any and all loss, damage, injury, liability, and claims, including claims for personal injury or death, damages to personal property and liens of workmen and material men, howsoever caused, resulting directly or indirectly from the performance of this agreement by the GRANTEE, including attorneys fees and costs in the investigation or defense of any claim, whether or not the claim has merit. 7. The GRANTEE shall be an independent contractor, and, as such, shall have no authorization, express or implied, to bind the State of Utah the Department of Environmental Quality, the Division of Water Quality or the Water Quality Board to any agreement, settlement, liability, or understanding whatsoever, nor to perform any acts as agent for the State of Utah, except as herein expressly set forth. 8. GRANTEE expenditures under this grant determined by audit to be ineligible for reimbursement because they were not authorized by the terms and conditions of the grant, or that are inadequately documented, and for which payment has been made to the GRANTEE will be immediately refunded to the BOARD by the GRANTEE. The GRANTEE further agrees that the BOARD shall have the right to withhold any or all -subsequent payments under this or other contracts to GRANTEE until recoupment of overpayment is made. 9. This grant may be altered, modified, or supplemented only by written amendment, executed by the parties hereto, and attached to the original signed copy of this agreement. The BOARD will allow no claim for services furnished by the GRANTEE, not specifically authorized by this Agreement. 10. If it is determined that in any manner the grant was improperly made or entered into, or if the monies are or were used improperly or contrary to the terms of this agreement, the GRANTEE shall pay to the BOARD the amount of all monies and benefits received by the Agenda Page 75 of 169 GRANTEE by the BOARD. 11. When the GRANTEE is the Utah Department of Environmental Quality, paragraphs 6 and 7 of the General Provisions of this agreement shall not apply and will not be considered part of this agreement. When the GRANTEE is an agency of the State of Utah other than the Utah Department of Environmental Quality, the references to the State of Utah in paragraphs 6 and 7 of the General Provisions shall be considered to mean only the Utah Department of Environmental Quality, the Division of Water Quality, and the BOARD. EXECUTION NOW, THEREFORE, by virtue of the authority contained in Title 73, Chapter 10, Utah Code Annotated, 1953, as amended, the parties hereto mutually agree to perform this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on , 2015. This contract will take effect upon approval as evidenced by the appropriate signatures. GRANTEE STATE CITY OF MOAB 217 E CENTER STREET MOAB, UT 84532 APPROVED - UTAH WATER QUALITY BOARD By: By: David Sakrison, Mayor Carl Adams, Manager Watershed Protection Section Agenda Page 76 of 169 Agenda 1 UTAH DIVISION OF WATER QUALITY 195 North 1950 West PO Box 144870 Salt Lake City, Utah 84114-4870 Non Point Source Financial Assistance Anolication Be sure to include all required signatures and requested information. Additional information may be requested upon submission of applications. Applicant Name: Stan Holland (SPAN) X❑ Individual ❑ Non -Profit ❑ Govt. Agency ❑ Academic ❑ Commercial ❑ Other Co -Applicant Name (if applicable): City of Moab ['Individual ❑ Non -Profit ❑X Govt. Agency ❑ Academic ❑ Commercial ❑ Other Business Name (if applicable): N/A Mailing Address: 217 E Center St. City: Moab State: UT Zip: 84532 Phone: 435 - 259 - 5121 E-mail: rebecca(a�moabcity.org or jfoster(a�moabcity.org Project Title: Pack Creek at Wagner Ave. Stream Bank Restoration Location of NPS Project with location map: I. Grant Purpose (please check all applicable): ® Water Quality Improvement ❑ TMDL Implementation ❑X Disaster Mitigation ❑ Manure Management ❑ Education/Outreach ❑ Pollution Study ❑ Project Monitoring ❑ On -Site Wastewater ❑ Other 2. Utah NPS Grant Funding Request: Labor $ 12,000.00 Materials $ Equipment $ 19,800.00 Administration $ 3,816.00 Miscellaneous $ 1,092.60 (Dump Fees) TOTAL NPS Funding Requested $ 36,708.60 (please include bids for labor, equipment, rentals, etc.) Page 1 of 3 Page 77 of 169 3. Other Funding Sources being used (EQIP, GIP, WRI, Local, In -kind labor, or other): Funding Source Amount In -kind Equipment (for dirt moving equipment as shown in proposal) $ 4,350.00 In -kind Labor/Admin (for plans permitting, report writing, and billing) $ 8,215.00 Local and Private Funding for materials, dump fees, and other misc costs $ 11.907.40 Total Amount of matching funding: $ 24,472.40 Total Project Cost (Requested + Matching Funds): $ 61,181.00 4. Estimated time frame of the project: From Receipt of funding (assumed Apr 2015) To Jun 2015 5. Describe the scope of the project: The project includes restoration of the natural steambank through removal and disposal of concrete and other construction debris that was dumped in this area, regrading the streambank to match the historical slope, and construction of a berm to properly direct drainage (See attached drawings "SPAN- Wagner Ave. Floodway Vacation" and "Wagner Ave. Streambank Restoration"). Once all the earthwork has been completed, the area will be revegetated with a native grass seed mix to reduce the erosion potential. The City of Moab is working with the property owner to resolve this longstanding issue. City Staff will handle all of the administrative responsibilities for the project including, but not limited to administering the grant funding, obtaining appropriate permits, providing construction oversight, and writing the final report. It is anticipated that City crews will assist with the removal of dirt and other non -concrete debris from the project area as part of the in - kind match. The property owner may also be assisting with some of the soil removal and revegetation activities. A contractor will be responsible for removal and proper disposal of the concrete. Dump fees are $10/CYfor commercial disposal, which will total S10,000 for the estimated 1000 CY of concrete to be removed Costs have been estimated based on the attached drawings A bid for concrete and dirt removal by James Keogh Contracting is also attached 6. Describe the waterbody affected by the project including 12 digit watershed (HUC), and identify any existing watershed plans or TMDLs that the project will help implement: Pack Creek — 140300050403. Pack Creek is violating its TDS standards. Removal of the concrete will eliminate a source of TDS contamination. 7. Describe the purpose and need for the project: For many years prior to purchase by the current owner, this area was used to dump significant amounts of concrete and other construction debris as well as the dumping of appliances and other household trash. The current owner has cleaned up much of the trash. However, removal of the concrete was cost prohibitive. The property Page 2 of 3 Agenda Page 78 of 169 owner attempted to remedy the situation by covering the concrete with soil, but this created steep slopes that readily erode and exacerbated the constriction of the floodway previously caused by the historic concrete dumping. This project will clean up the debris, reestablish the former stream bank, provide a berm to properly direct drainage, revegetate to reduce the erosion potential, and restore the floodway capacity of the Pack Creek channel. 8. Describe the surface or groundwater problem to be addressed by the project: This project addresses surface water quality issues related to the significant soil erosion potential, leaching of chemicals from the concrete and other construction debris, and mitigates a floodway constriction. 9. Describe the water quality benefits/load reductions to be realized by the project: Floodplain stability is increased, reducing sediment loading during storm events. This will be difficult to measure because loading during storm events is difficult to quantify. I0. Do you currently have project plans and specifications? ❑ Yes ® No (Nearly final plans have been produced, see attached) 11. List consultants or agency partners that have participated, or will participate in project development: Arne Hultquist/Watershed Coordinator PO Box 46 Moab, UT 84532 801-910-5619 Name/Company Address Phone Name/Company Address Phone I am willing to: (1) comply with all applicable laws and work with designated technical personnel as assigned to the above —referenced project in preparation of project implementation; (2) submit detailed project information to the Utah Division of Water Quality as requested to evaluate water quality improvements; (3) not to apply any practices which would tend to defeat the purpose of the project; and (4) allow continued monitoring and evaluation of the project activities implemented on my property. Signature / :: '7 /,1- `//� /y /, Date Signature Date 1 / o2.4 ;.0 ly Co -Applicant (if applicable) Page 3 of 3 Agenda Page 79 of 169 Pack Creek at Wagner Ave. Stream Bank Restoration List of Attached Exhibits — Project Location Map (Wagner Subdivision) A Topographic Survey of Portions of the SPAH Ltd. Property (3) Site Photographs showing the project area with soil fill covering much of the concrete, though some portions of concrete are still visible Photograph of bank before fill was spread over the concrete (Photo Courtesy of Rim to Rim Restoration) FIRM map of Floodway in vicinity of Project Area Cultural Resource Evaluation/Determination 12-05-05sa SPAH — Wagner Ave. Floodway Vacation (Contours show proposed restoration of streambank) - Wagner Ave. Streambank Restoration - Cost Proposals for Concrete Removal and Earthwork Agenda 1 Page 80 of 169 0 NX119 S101 Au7 geOW `1ipU!•i�q inos xorddy Noa 3;pied c�h w r 5 uti p Lance Avenue • v 101 7 H7018 S 401 S 101 Oaa.Jls palleld ti0.1s1.1, pqns rs<<s1s aA PQ � a 6eM) •wtr waun Lao Lyt'oN` -1; t8"68b1se3 waed •1311 HVdS 8 »019 9 301 °'a l — gppt iO eOlr Wagner Avenue 43.41, aairwlup puy y1i/�N 5 101 a 50018 9101 3ZZ'8'SPECL )aS tr/ l S u+x1116 ros 3 Pue 9Z791e N eOd L 101 Page 81 of 169 I a 5 a t 1 Imal.0 COY I 1•%1 V 9.0 t 9 B f Agenda Page 82 of 169 'a•e : o 6• '.ttialy er rA4k. F; (( rwas - r : 'uUl over-C�yr{� Agenda Page 86 of 169 J�I�YC'f prope (4, ivuee 1 Cross Sec_410 c� S X . Z,; `�? g .fit 4 ;25.f, Ut i -� J —_Fn i a YFII] PANEL1756D IFIRM FLOOD INSURANCE RATE MAP g0 GRAND COUNTY, UTAH WI A_NDLVCORP°RAT EDAREAS PANEL 1784 OF 21OO (SEE LOCATOR DIAGRAM ON LAP INDEX FOR ARM PANEL LAYOUT) �: �•Pw1.5 h9•11aU 1811— S LIt uyt .n .won • .I _ z1 YMllw M. .. _ • _ • • .�I� r.r n• I.p.t! wRtntr MAP NUMBER 0119C17660 EFFECTIVE DATE APRIL Z 2009 Federal Ewe pal M1FSLgenese Arse, TM ra o. CJat+M COCY I✓ a 19e.341 tl ON 1004 Ja1YePcod POW reap C waa evreetp urp F-N[TO-wre TN%.40 0 rsFaet C�rgn pr wrionomords wWch MH Pi# tee. mare autep wn! to 1ti WI. O. d. apa 9Ioek Fy tr. lee.: prWuct dtlytnikt.t eee.re Ntcone F; pp* tivanca Pr d.m 190d romp -M1Kp ire F!' k / F1900 Mop Stan 9e wlwr ro.t 1s-1e 70• Page 87 of 169 CARY R. HERBERT Governor CREC BELL lieutenant (ioremer May 14, 2012 State of Utah DEPARTMENT OF NATURAL RESOURCES MICHAEL R. STY LER Erecw we Dweaor Division of Water Rights (CENT L. JONES fete Engrneer nmsfon Inrerrar Lori Hunsaker Deputy State Historic Preservation Officer 300 South Rio Grande Street Salt Lake City, UT 84101-1182 Re: Cultural Resource Evaluation/Determination 12-05-05sa Dear Ms. Hunsaker: Based on our review, it appears that no historic properties will be adversely affected associated with this Stream Alteration. It will be advised in an approval that if adverse impacts are identified, appropriate steps would need to be taken. if additional information becomes available, this determination may be re-evaluated. Sincerely, �t area Rasmussen, P.G. Streams Alterations 1594 West North Temple, Suite 220, PO Rax 146300. Sall Lake City, LIT 841 14-6300 telephone (801) 538-7240 . facsimila (8011 538.7467 . TTY (RO L) 538.7453 . www walerrrgMs uluh.gor Iata u111K+a Agenda Page 88 of 169 WIDIN03,0t a3Sodoad anOtNoo.z (113SOd0ad 81101 NO3.01 1SIX3 20101N0o.z _ 1SM3 aNAD31 _ r , Iradrli 47 walla ed 133= NTIvos .Sp�9£�` ob oz o of oz \ woij Jean of paiinbaa AaoMype3 ew•kalloowlum tt6►-65Z (Sf►) Z£Sb9 HVln .avow ozz 31InS 1S a31N33 3 LlZ 1N3W111Vd3R ON11133NI3N3 9VOW -10 AlIJ 0 Altf) uopeaeARempoom nunem - MIA Page 89 of 169 cc m a) a 'a.1/4'na 9E916 = 31A1MO 11VAOIN3?:1 31HWIX0?ddcIV 1=,re=ipu! NOI1V1303Aal aNV NOI1b2101S3b NNVEI 'NAOVII32i AlaION00 ,ea 06 r GE �° 1'd1 NOI01S9 1 >INVERAIVg�l1S 'AAV 213NOVM N slealed eery plan] pOold 3NOZ 4-0d - 6eMPoold peno+uab eq of l,!d pua8eri Page 90 of 169 PROPOSAL James Keogh Contracting P.O. Box 1476 Moab, UT 84532 435-260-8127 Proposal Submitted To: City of Moab Job Name: Pack Creek at Wagner Ave. Stream Bank Restoration Address: 217 E Center St. Moab, UT 84532 Job Location: Wagner Subdivision Date: 4/7/2014 Date of Plans: Undated Phone: 435-259-4941 Fax: 435-259-4135 Plans prepared by: City of Moab We hereby submit specifications and estimates for: Removal of approximately 536 Cubic Yards of Dirt from SPAH Property at north end of Wagner Street per attached City of Moab plans titled (SPAH - Wagner Ave. Floodway Vacation) and disposing of some of it on SPAH property and other approved locations. Equipment - 966 Cat Loader for 30 hrs @ $75.00 = $2,250.00 Labor- Operator for 30 hrs @ $50.00 = $1,500.00 Equipment - Kenworth End Dump for 35 hrs @ $60.00 = $2,100.00 Labor - Operator for 35 hrs @ $50.00 = $_1,750.00 Subtotal - _ $7,600.00 Administration (12%1- _ $ 912.00 Concrete Total - _ $8,512.00 Assumptions: No Dump Fees Required No Imported Materials Required Work will be done as soon as grant funding is available, which is expected to be Spring of 2015. Estimates based on $4.00/Gallon Fuel Equipment fuel consumption assumed at 10/Gallons/Hour We propose hereby to furnish material and labor - complete in accordance with the above specifications for the sum of: Estimated Total: $8,512.00 Any alteration or deviation from above specifications involving extra costs will be executed only upon written order and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or other delays beyond the control of the Contractor. Respectfully submitted: Agenda Page 91 of 169 PROPOSAL James Keogh Contracting P.O. Box 1476 Moab, UT 84532 435-260-8127 Proposal Submitted To: lob Name: City of Moab Pack Creek at Wagner Ave. Stream Bank Restoration Address: Job Location: 217 E Center St. Wagner Subdivision Moab, UT 84532 Date: Date of Plans: 4/7/2014 Undated Phone: Fax: Plans prepared by: 435-259-4941 435-259-4135 City of Moab We hereby submit specifications and estimates for: Removal of approximately 1000 Cubic Yards of Concrete from SPAH Property at north end of Wagner Street per attached City of Moab plans titled (SPAR — Wagner Ave. Floodway Vacation) and disposing or at SSD ii1 Equipment — Kenworth End Dump for 120 hrs @ $60.00 = $7,200.00 Labor —Operator for 120 hrs @ $50.00 = $6,000.00 Equipment— 320 Cat Excavator for 120 hrs @ $105.00 = $12,600.00 Labor —Operator for 120 hrs (a $50.00 = $6,000.00 Subtotal — = $31,800.00 Administration (12%) — = S3.816.00 Concrete Total — = $35,616.00 Assumptions: Dump Fees by Others No Imported Materials Required Work will be done as soon as grant funding is available, which is expected to be Spring of 2015. Estimates based on $4.00/Gallon Fuel Equipment fuel consumption assumed at 30/Gallons/Hour We propose hereby to furnish material and labor —complete in accordance with the above specifications for the sum of: Estimated Total: $35,616.00 Arty alteration or deviation from above specifications Respectfully submitted: Involving extra costs will be executed only upon written order and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or other delays beyond the control of the Contractor. Agenda Page 92 of 169 MOAB CITY COUNCIL MEETING MARCH 24, 2015 PL-15- Agenda Item #: 7-3 Title: Consideration of Ordinance 2o3.5-o2 Approving a Zoning Map Amended for Property Located at 889 North Main Street from R-2 to C-4 as Referred to Council by the Planning and Zoning Commission Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Applicant: Christina Sloan acting for the Wang Organization, Ltd Background/Summary: The applicant has requested a zoning amendment for the property located at 889 North Main Street. This parcel is situated south of the Super 8 Motel lot and consists of 4.4 acres. Currently, the property is split zoned between R-2 (Single Family and Two Family Residential) and C-4 (General Commercial). The C-4 commercial zoning extends about 25 feet into the subject parcel. The property is currently undeveloped and the entire parcel has been classified as "commercial" by the county for a period exceeding 20 years. The surrounding land uses include the Super 8 Hotel, Denny's, Raven's Rim Zip Line, Riverside Inn, and Sunset Grill. Except for the frontage of one residential lot that is adjacent to Main Street but fronts on the cul-de-sac in Marcus Court, the property is in close proximity to the C-1 commercial zone to the southeast. Single-family residential uses are adjacent to the property along the south boundary and residential uses are located to the west across the 50-70 foot right-of-way width of 500 West. The adjacent residential uses are currently buffered by a row of trees and a wide Moab Irrigation Company easement. The attached narrative from the property owners addresses the review criteria from MMC 17.04, Zoning Map Amendments and Text Amendments, for rezoning of the property. On February 12, the Planning and Zoning Commission held a public hearing on the application to rezone to gather comments from the public. One resident spoke at the meeting and expressed concerns about an increase in the traffic and trucks parking on 500 West. On March 12, subsequent to the public hearing, the commission unanimously voted to favorably refer the application to the City Council. Options: Council has several considerations to discuss. Council can: 1. Vote to send the ordinance to public hearing; 2. Adopt Ordinance #2015-02 and approve the zone change to occur and amend the Official Zoning map; Agenda Page 93 of 169 3. Vote to not adopt Ordinance #2015-02, stating the reasons, and deny the zone change; 4. Table the application until a later date and request additional information. Staff Recommendation: Staff agrees with the applicant that the rezoning of this property is logical and justified and recommends approval of the application. Recommended Motion: I move to adopt Ordinance #2015-02 approving the request for a change in the zoning of the property located at 889 North Main Street from R-2 to C-4. Attachment(s): Draft Ordinance #2015-02 Narrative Supporting Documents Aerial with Zoning Location and Zoning Map Pictures MMC Section 17.04, Zoning Map Amendments and Text Amendments p:\planning department \2015\correspondence\p1-15-10 cc wang rezone.docx Agenda Page 94 of 169 ORDINANCE #2015-02 AN ORDINANCE AMENDING THE ZONING FROM R-2 TO C-4 ON THE WANG ORGANIZATION, LTD. PROPERTY LOCATED AT 889 NORTH MAIN STREET AND AMENDING THE CITY OF MOAB OFFICIAL ZONE MAP WHEREAS, Christina Sloan, Esq., with offices at 76 South Main Street, Moab, Utah 84532, as the representative for the Wang Organization, Ltd., the Owner of Record, with offices at 168 East Center Street, Moab, Utah 84532, has applied to rezone property owned by the Wang Organization, Ltd, and located at 889 North Main Street, Moab, Utah, and more particularly described as follows: BEGINNING AT A POINT 39.95 FT. EAST OF THE W1/4 CORNER OF SECTION 36, T25S, R21E, SLB&M; RUNNING THENCE N ODEG. 43' E 184.74 FT.; THENCE N 89 DEG. 57' E 563.40 FT. TO THE HIGHWAY RIGHT-OF-WAY; THENCE ALONG SAID HIGHWAY RIGHT-OF-WAY S 46 DEG. 07' 16" E 390.14 FT. TO THE NE CORNER OF LOT 8, BLOCK B, UTEX SUBDIVISION, PLAT "A", (BEFORE AMENDMENT), THENCE S 89 DEG. 56' 30" W 848.0 FT. TO A PONT WHICH IS ALSO THE NW CORNER OF LOT 1, BLOCK B, UTEX SUBDIVISION, PLAT "A", (BEFORE AMENDMENT); THENCE N 0 DEG. 43' E 86.07 FT. TO THE POINT OF BEGINNING. WHEREAS, through no action of the Wang Corporation, the property was split zoned with the commercial zoning extending south into the parcel a distance of approximately twenty-five feet; and WHEREAS, Owner wishes to amend the zoning of the 4.4-acre property from R-2, Single Family and Two Family Residential Zone, to C-4, General Commercial Zone; and WHEREAS, Owner is requesting a change in zoning for the property as logical and justifiable; and WHEREAS, the Planning Commission ("Commission") held a duly advertised public hearing on February 12, 2015 to receive comment and determine the appropriateness of the proposed Map Amendment; and WHEREAS, the Commission reviewed the character, objectives, and Use Regulations of the R-2 and C-4 zones and discussed the suitability of the C-4 application to the subject property and in accord with Code Section 17.04.060, Map amendment approval criteria, found that: 1. There have been changes in the character of some of the adjacent properties since the R-2 zone was applied to the affected property and there is a need for development transitions, 2. The proposed C-4 zoning classification is compatible with the surrounding area or uses and there will not be adverse impacts that cannot be mitigated, 3. Adequate facilities exist for the type and scope of development suggested by the proposed zoning classification, and 4. The application conforms to the provisions of the Moab General Plan and the Moab Municipal Code. WHEREAS, the Commission in a unanimous vote favorably recommends the zone change to the Moab City Council ("Council"); Agenda Page 95 of 169 WHEREAS, Council, in a public meeting held on March 24, 2015 agreed with the Commission and in a _- vote found that the request complies with the criteria in Chapter 17.04 and determined that the change in zoning was in agreement with the Moab Municipal Code and the General Plan. NOW, THEREFORE, BE IT ORDINAINED by the City of Moab, that effective upon the signing of this Ordinance, the rezoning request for 889 North Main Street as submitted by the Wang Organization, Ltd., is hereby approved and Council directs staff to amend the Official Zoning Map for the City of Moab. Passed and adopted by action of the Governing Body of the City of Moab in open session this day of , 2015. City of Moab Mayor David L. Sakrison Attest: Rachel Stenta City Recorder p•\planning department \2015\ordinancesW2015-02 wang rezone.docx Agenda Page 96 of 169 County .1 r Westwood Dr. • Palisade Ave. M.• } ti 1 • - A i maI f • 4. r 1 T r T .1P-.1.4 oil A, iJ4 Super gotel Wang Organization Ltd N. MI I rid rd rA I IP .01 Vry. ItirAir&ltehdrielONWV4iff • .i • • i� ApPr Wang Organization Ltd. lir Air Negley r _.r . Fouss Marcus Ct. s� Riverside Inn Park,,Jung� M ti Zone C-4 Sunset Grill Mivida Enterprises Or 4AP r �• i 1-7ranta Olesen 1 wN11 • Mivida Enterprises Wang Organization Vacant Parcel 500W& Main St. N 1 inch = 40 feet 0 25 50 100 1Yeet THE SLOAN LAW FIRM, PLLC Christina R. Sloan sloan@thesloanlawfirm.com www.thesloanlawfirm.com * licensed in UT and CO March 2, 2015 Moab City Council 217 East Center Street Moab, UT 84532 76 S. Main Street, Ste. 1 Moab, UT 84532 435.259.9940 Re. Supplemental Information for Zone Change Application for 889 N. Main, aka Super 8 Motel) from R-2 and C-4 to C-4 Dear City Council: On behalf of the Applicant, Wang Organization Ltd., please find enclosed documentation to supplement our Zone Change Application submitted on January 15, 2015. Part A of this Letter, regarding mitigating impacts to the neighborhood, is new information requested by the Planning Commission at the Public Hearing held on February 12, 2015. Part B, regarding tax and zoning history, formally summarizes the information presented to the Planning Commission at the February 12 Hearing. And, Part C discusses briefly why certain alternative zoning concepts that would accommodate affordable housing, as suggested at the February 12 Hearing, are not permitted on the subject property under the City Code. A. Mitigation to the Neighborhood In determining whether a requested zone change is appropriate, Section 17.040.060 of the City Code specifies that the City shall consider, among other factors more specifically addressed in the Application, whether the proposed zoning classification is compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated. As stated in the Application and at the Hearing, the property is surrounded on three sides by compatible uses: Highway 191 and C-4 zoning on the north and east sides of the property and 500 West on the west, which is as wide as 70 feet for approximately half of the property's western boundary. Concern regarding impact is focused on Marcus Court to the south and the neighborhood west of 500 West. At the February 12 Hearing, the Planning Commission heard public comment from only one individual spoke, Mr. Doug Fix, who requested more information regarding mitigation. I also spoke with Mr. Fix in more depth after the meeting. His primary issue is increased traffic on 500 West. He is also concerned about signing, height, and lighting with any commercial development in the area. In response to Mr. Fix' comments, and as requested by the Planning Page 98 of 169 Supplemental Information Page 2 Commission, Applicant met with both Jeff Reinhart and Sommar Johnson on February 17th to discuss mitigation and the site plan process for both residential and commercial uses. i. Trail Easement: As stated in the February 12 Hearing, the potential impact to Marcus Court, to the south, is already mitigated by a wide, existing buffer between the properties comprised of a Rocky Mountain Power ("RMP") powerline, an RMP transfer station, the 20' wide easement for Moab Irrigation Company ("MIC") North Ditch 1, a Questar gasline, and then Applicant's row of trees, which it planted to help mitigate impact to Marcus Court many years ago. City Staff also stated at the February 12 Hearing that additional landscaping would be required at the time of Site Plan for commercial development, which would add additional width to this buffer. See attached MIC Prescriptive Easement, North Ditch 1 Aerial, and Buffer photograph from Highway 191. Unlike on the subject property, where residential lots would be built up against the 3- Super 8 Motel wall built on the property line, Marcus Court will always have the benefit of this wide buffer and landscaping to help protect it and mitigate impacts regarding commercial use to the North. Nonetheless, Applicant desires to help the neighborhood and the community. So, to enhance this already wide buffer between the subject property and Marcus Court, Applicant hereby offers to grant to the City a trail easement fourteen (14) feet wide overlaying the MIC easement for a gravel trail to integrate into the City's pathway program, if the City approves the zone change. The land under this trail easement is very valuable, covering 2/5t' of an acre with an outlet onto Highway 191 near downtown. It will also be a great community asset as a shortcut to Town for the surrounding neighborhoods to the west. Note that improving this trail segment will require coordination from and is subject to MIC's approval. ii. Deed Restriction against Industrial Uses: As more specifically argued below, I believe that due to traffic patterns and the commercial site plan process, the surrounding neighborhood will be impacted less by commercial development on the subject property than a high density residential development. Applicant seeks a consistent C-4 zoning across the property to allow for a motel facilities expansion and to bring the zoning into compliance with the taxes it has paid on the property for 24 years. The more restrictive C-3 zoning is not permitted due to spot zone issues. Applicant appreciates that the neighborhood is fearful of some of the industrial uses allowed in the C-4 zone that are restricted in the C-3 zone. For this reason, and to protect the neighborhood from incompatible uses, Applicant is also willing to deed restrict the property to prohibit the following specific industrial uses allowed in the C-4 zone if the City approves the zone change: Auction houses; Manufacturing, compounding, and processing; Manufactured home sales; Public and private research establishments; and Page 99 of 169 Supplemental Information Page 3 Laboratories. iii. Traffic on 500 West: At the February 12 Hearing, Mr. Fix spoke at length about the potential disturbance of commercial traffic on 500 West to the surrounding neighborhoods, and made comparison to the increase in traffic caused by the Preserve residential subdivision nearby. The City should not be persuaded by these arguments for the following reasons: 1) Traffic Patterns - According to Staff, the City will encourage traffic patterns (and signage) for commercial development onto Highway 191. Visitors coming to the property will be approaching from Highway 191, and they will often take first right turns into Town as they tour the area. By contrast, if this property were developed for residential use, the City will encourage traffic patterns (and signage) onto 500 West. Thus, residential development, not commercial, will actually increase traffic on 500 West the most. 2) Total Traffic Trips — According to the Institute of Transportation Engineers, on average a single family home and a motel generate the same number of average daily traffic trips ("ADT"): 9. However, the potential range of traffic trips is much greater in a single family home based on the number of people staying there, with the national range going up as high as 21.85 ADT. Mr. Fix' emphasis on the traffic caused by the Preserve Subdivision, with approximately 801ots, demonstrates the natural flow and number of trips caused by residential traffic onto 500 West. Current zoning allows the property to be developed into 64 residential lots, which would create at least 576 ADT on 500 West every day all year long. By contrast, if the property is developed for motel use, those 9 ADT would occur seasonally, even less during the week, and mostly on Highway 191. 3) Purpose of 500 West — 500 West is the second largest thoroughfare in the City of Moab. It is 70 feet wide for most of its course, is designated a major street and principal thoroughfare in the City's Master Streets Plan, is served by sidewalks and gutters, and was designed to accommodate all commercial, public, and residential uses. In addition, 500 West intersects Highway 191 very close to the subject property, where vehicle flow is directed by a traffic light. 500 West is intended to accommodate commercial traffic. It is not a minor street that should be reserved for residential use only. 500 West serves directly the Denny's, Super 8 Motel, the Hospital, the Senior Center, two dental offices, the Three Sisters Thrift store, storage units, MCs on the Corner, and high density residential developments such as the Cottonwoods Townhomes and Grand Oasis. Indirectly, it also serves traffic generated by HMK, the Aquatic Center, the new Entrada Townhomes and the Preserve development, and several churches. Page 100 of 169 Supplemental Information Page 4 Mr. Fix' comment at the February 12 Hearing that semi -trucks sleep on 500 West causing noise disturbance all night defeats his argument that 500 West should be protected from commercial development. The trucks are not guests at the Super 8 Motel and park their trailers on the roadway because it is a principal thoroughfare. iv. Signs, Height, and Lighting: The Applicant appreciates Mr. Fix' concerns regarding signs, height, and lighting. However, as discussed with City Staff on February 17, these issues are best addressed during the site plan process. The City Code is quite restrictive already regarding the total square footage of signs allowed for commercial development, which square footage Applicant will maximize on Highway 191. The Code requires the same lighting that casts down and away from residential properties within all commercial zones. And, the Code allows the City to impose more restrictive measures in general against commercial than residential developments. v. Summary: For these reasons, the requested zone change will not adversely impact the surrounding neighborhood, which will be protected by the wide buffer and trail easement to the south, 500 West to the west, the reduced traffic impact created by seasonal commercial development, and the more restrictive site plan requirements for commercial use. B. Zoning Error Documentation At the February 12 Hearing, the Applicant submitted additional evidence of zoning error, which documentation Applicant wishes to formally submit to the City herein. The earliest zoning map that shows the split zoning of C-4 on the property now developed as the Super 8 Motel and R-2 on the subject property is 1978. Thus, I researched treatment of the property back to 1977. The title history shows that the two parcels (the Super 8 parcel and subject vacant parcel) were always conveyed together in the same deed, were known by only one address (889 N. Main), were known by only one parcel number, and were taxed the same commercial rate. See attached Warranty Deed dated August 11, 1977, Warranty Deed dated May 17, 1985, Assessor's Records dated 1978, Assessor's Records dated 1985, and Times Independent article dated November 19,1987. Both attached Deeds show the properties conveyed together (Parcel 1 is Denny's, 2 is Super 8, and 3 is the subject property) in 1977, prior to the zoning designation to R-2, and 1985 when the property was conveyed to Golden Finger Investment, Inc., the Applicant's predecessor entity. The tax records both show that the property was taxed commercially and as vacant land when Applicant purchased the property. And, the TI article establishes the date the Super 8 Motel was built, 1987, at which time the properties were treated as one. Given this title and tax history, the property's location on Highway 191, and all of the surrounding commercial use, this is as strong a case for error as I have seen. There is simply no Page 101 of 169 Supplemental Information Page 5 other reasonable explanation for why this property, which for all intent and purpose was one property, was split zoned. It is now time to unify the zoning with its tax treatment. C. Affordable Housing At the February 12 Hearing, the issue of affordable housing came up multiple times and the Planning Commission, on its own initiative, informally brainstormed ways in which the property could be developed for affordable housing. Applicant is aware of and sensitive to the affordable housing issues in Moab. In fact, Applicant already supplies housing to all of his seasonal employees at the Williams Way Trailer Court that move to Moab for his international exchange student work program. In addition, Applicant provides additional affordable housing to its year-round employees in various properties it owns throughout Moab. In addition, true affordable housing is not permitted on this property based on the current zoning and size. In the R-2 zone, a planned unit development, which would allow higher density development with smaller lots, requires 5 acres of land. The property is only 4.4 acres, and as much as 1, 4`h of an acre of that is already zoned C-4 due to the overlay. Developing the property for low-income apartments is also not permissible in the R-2 zone and would require a zone change to R-3 zoning, which subjects the City to liability due to spot zoning arguments. Note that apartments may be built in the C-4 zone, but not on the ground floor. The affordable housing situation in Moab is serious, but the City cannot hold one person responsible for it - especially this Applicant, given its efforts on the front of affordable housing already. In addition, this property, given its location and frontage on Highway 191 is not the best property for an affordable housing development. If the City wants to approach the Applicant about developing another of its property for affordable housing, the Applicant is interested to hear a proposal. But, the best use of this property, 889 N. Main, is for commercial use. D. Conclusion The Applicant appreciates the City's careful review of its zone change application. Here, the multiple zones applicable to the subject property and the Super 8 Motel, which parcels are treated as one unified property under the County records; the commercial tax paid on the property for 24 years; the property's location and existing commercial entrance on Highway 191; the recent development and popularity of the northern recreation corridor; and the need of the community and tourism industry for improved lodging and conference opportunities on the north end of Town make this zone request appropriate and reasonable. Please contact me with questions. CRSI enclosures cc: J.J. Wang, Manager for Applicant Sincerely, Christina R. Sloan, Esq. Page 102 of 169 THE SLOAN LAW FIRM, PLLC Christina R. Sloan sloan@thesloanlawfirm.com www.thesloanlawfirm.com * licensed in UT and CO January 15, 2015 Moab City Council 217 East Center Street Moab, UT 84532 76 S. Main Street, Ste. 1 Moab, UT 84532 435.259.9940 Re. Zone Change for the southern 4.4 acres of Parcel No. 01-0036-0029 (known as 889 N. Main, aka Super 8 Motel) from R-2 to C-4 Dear City Council: On behalf of the Applicant, Wang Organization Ltd., please find enclosed its Development Code Amendment Application, which consists of the following: a. Development Code Amendment Application form; b. Tax Roll Master Record constituting a statement from the County Treasurer showing payment in full of all real property taxes due on the parcel; c. Site plan showing the parcel boundaries, showing existing zoning and proposed zoning as well as the Super 8 Motel, as approved and built; d. Zoning map showing the parent Super 8 Motel parcel in pink and the area to be changed in orange outlined in black; e. GoogleMaps aerial photograph showing the parent Super 8 Motel parcel in pink and the area to be changed in orange outlined in black; f. Plat map showing all properties within 300 feet of the property, and list of said property owners; g. Title Commitment effective January 8, 2015. These documents supplement the filing fee of $350.00 paid to the City of Moab and stamped envelopes addressed to the property owners within 300 feet of the property boundary lines, which Applicant submitted directly to the Planning Department. Applicant hereby requests a zone change for the subject property from R-2 to C-4 for the southern approximately 4.4 acres of Parcel No. 01-0036-0029, known as 889 N. Main. This mostly vacant property sits just south of the Super 8 Motel property, known by the same address and parcel number. The County has treated said parcel as one parcel 7.04 acres in size, which it has taxed accordingly, since at least 1991, when the Applicant or related individuals bought the property. Thus, for 24 years, the County has commercially taxed all 7.04 acres of this property as commercial motel property. The City's parcel maps also show all 7.04 acres as one parcel with one address. Page 103 of 169 Zone Change Application Page 2 However, legally, this parcel is comprised of two properties — 2.64 acres on which the Super 8 Motel sits, which is zoned C-4, and 4.4 acres zoned R-2, the subject of this application. The 4.4-acre southern parcel is mostly vacant except for a portion of the motel entrance off Highway 191 located on its east boundary and a row of trees Applicant installed on its southern boundary to screen the motel from Marcus Court. Applicant requests a zone change to bring his zoning into compliance with his property tax bill, to allow a small facilities expansion for the Super 8 Motel, and to unify the zoning across the entire parcel known as 889 N. Main and Parcel No. 01-0036-0029. More specifically, the zone change is necessary to allow Applicant to improve and expand the facilities of the Super 8 Motel. Please note that, at this time, the Applicant does not plan to expand any guest rooms or permit a new entrance into the property from 500 West. Applicant instead will add a breakfast room that may also be rented as a convention facility, a meeting room available to both the Moab community and its guests, and an exercise room. These facilities will not increase impact on the surrounding properties or 500 West and will merely enhance the visitation experience for the Super 8 Motel guests. The Motel does not currently have these facilities, which are important to meet the increased demand in tourism at Page 104 of 169 Zone Change Application Page 3 the northern end of the City. Arguably, the City does not need more hotels; instead, in compliance with the City's 2002 General Plan and its Code, the City needs to support applications to expand and improve existing businesses so they may continue to attract guests without further sprawl. Applicant cannot improve the Super 8 Motel, however, without cleaning up the zoning, which appears to be in error, is reasonable, and complies with the goals and policies of the General Plan and its Code. Please note that, in January 2015, Applicant became aware that it has paid the commercial motel/hotel tax rate on that portion of the property zoned R-2 (62.5% of the entire property) for as long as Applicant has owned it, or approximately 24 years. We are confident that the City will determine the current zoning is error, and/or fmd this zone change request consistent with growth trends in the northern corridor and the General Plan, and grant the Applicant's zone change request. However, if the City chooses not to rezone this property, Applicant will pursue a tax refund from Grand County as high as $475,125 for overpayment of taxes in amounts ranging from $17,867 to $41,794 per year on the subject property alone. Zone Change is Reasonable and Consistent with the General Plan and City Code Moab City Code §§ 17.04.050 and 060 provide direction to the Planning Commission and City Council in reviewing zone change applications. Section 17.04.050 states that zoning map amendments may be approved if the applicant establishes either of the following: a) the land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's general plan, or b) the area for which a map amendment is requested has changed or is changing to such a degree that it is in thepublic interest to encourage a redevelopment of the area (emphasis added). Both of these standards are met in the present case, as discussed more fully below. In determining whether the Applicant has met the standards above, the Planning Commission and City Council shall consider the following specific approval criteria set forth in Section 17.040.060: A. Was the existing zone for the property adopted in error? Yes: the facts here suggest that the zoning was erroneous. Both the City and the County have treated the 7.04 acres as one property. Yet, it is subject to 2 zonings: C-4 and R-2. As stated above, the County has taxed the entire 7.04 acres as commercial property and assigned it only one address. The City parcel maps also do not distinguish the property as separate parcels — and the original approval for the Super 8 Motel required an entrance and drive into the Super 8 Motel over and across the 4.4-acre property. Further, in 2002, it was the only vacant land along and abutting Highway 191 zoned R-2. Today it is one of only 4 parcels of property in the entire City limits along Highway 191 that is zoned R-2. It is the only property zoned residential along Highway 191 that provides access to Page 105 of 169 Zone Change Application Page S C. Is there a need for the proposed zoning within the area or community? Yes: 1) as explained above, we need better facilities north of town to serve the recent increase in demand north of the City and to reduce vehicle trips between lodging and the northern recreation corridor; and 2) Applicant plans to improve and expand the facilities available to both the Moab community and its guests on the subject property. As shown on the Site Plan, the breakfast room will provide up to 2,373 square feet of new conference space that can seat 158 people and the meeting room will provide 386 square feet of meeting space that can seat 26 people. I have heard the Chamber of Commerce, various Special Service Districts, and staff at both the City and County express a need for more conference space in the Moab area to attract and accommodate large groups. This zone change will allow such additional conference space to be built. Converting the breakfast room to conference space will require the Motel's resources and a rental rate. However, the Applicant plans to adopt a policy similar to Zions Bank for the smaller meeting room. So long as the meeting room is not otherwise engaged, Grand County residents, community organizations, and local businesses may reserve the meeting space for free with advanced notice. To this end, the Applicant's zone change request is both reasonable and desirable. D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Yes, the zoning classification is compatible with surrounding uses; and no, there will not be adverse impacts to adjacent properties. As discussed above, almost the entirety of properties along Highway 191 are zoned commercial. There are only 4 properties zoned residential that abut Highway 191: the subject property, 350 Marcus Court, 2 Rosalie Court, and 3 Rosalie Court. Further, the property is nearly completely surrounded by commercial properties including motels, hotels, restaurants, even a zip line course. Specifically, the property is bordered by 500 West to the west, the Super 8 Motel to the north, Highway 191 to the east, and Marcus Court to the south. Thus, commercial zoning is clearly compatible with the surrounding uses to the west, north, and east. The zone change will not impact the 81ots along Marcus Court. First, the Applicant planted a row of trees along the boundary with the subject property and the Marcus Court lots many years ago. These trees have been well maintained and have grown into a large natural screening between the Super 8 Motel and Marcus Court. Second, at this time, the Applicant does not have plans to expand the Super 8 Motel beyond the breakfast, meeting, and exercise rooms shown on the attached Site Plan. Page 106 of 169 Zone Change Application Page 6 E. Will benefits be derived by the community or area by granting the proposed zoning? See Section C above. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? Yes: the planned improvements will require no additional facilities. The increased water and septic demands will be minimal for the breakfast room, conference and meeting spaces, and exercise room. Any increased need will be served via the water and sewerlines in place within easements the Applicant granted to the City over and across this property and others owned by it several years ago in an effort to help the City better serve commercial development to the north. G. Does the application conform with the provisions of the Moab General Plan and the Land Use Code? a. The Moab City General Plan: The General Plan sets forth several goals in its introductory paragraphs, including, in relevant part: 1. Promote the presence of a vital downtown as the center of commercial activities and employment. 2. Utilize compact development patterns that make the most efficient use of public facilities and services ... and minimise urban sprawl; 7. Separate and buffer conflicting land uses, especially where commercial abuts residential. 8. Encourage a diverse mix of year-round jobs that offer competitive salaries and meaningful work to keep Moab families employed in Moab. 9. ... [A]ttract people to area who contribute to economic stability. 10. Develop a community and resort destination that is designed for people where walking and biking are the cornerstone of the transportation system. Further, the General Plan focuses on Economic Development in its first section with stated policies that include seeking businesses that will strengthen the economy and provide year-round employment without compromising the natural environment (Policy 2), encouraging existing businesses and industries to expand (Policy 3), work with organizations to promote diverse year-round community activities (Policy 6), and encourage and support the development of convention facilities (Policy 9). With regards to Growth & Urbanization, Section 2 of the General Plan, this rezoning request is a perfect example of reasonable re -development that encourages the upgrading of existing facilities and services (Policy 1), provides an asset to the community (Policy 2), and minimises impacts between transitions in types of land use, especially between commercial and residential land uses (Policy 7). Page 107 of 169 Zone Change Application Page 7 Regarding Land Use, Section 3 of the General Plan, this rezoning request helps the City cooperate with Grand County in land use planning and management (Policy I-4), provide for adequate amounts of commercial land (Goal II), encourage in -fill and redevelopment (Policy II- 3C), and encourage upgrades in the appearance of commercial areas along Main Street (Policy II-12). Regarding Urban Design, Section 4 of the General Plan, this rezoning request furthers the City's goal of achieving an inviting, hometown appeal that attracts business that will improve long-term economic stability of the community (Goal), discouraging dated design (Policy 1), and recognizes the efforts of high quality site design and construction (Policy 3). The Applicant strives to continually improve its commercial properties by updating them on a regular basis to keep its businesses current and attractive, including recent remodels to the Greenwell Inn (Best Western Plus) and Hotel Moab Downtown (prior Ramada Inn). As set forth in detail above, this zone change request complies with, and furthers, each of these goals and policies by improving and expanding an existing commercial use at the northern end of the City, which will allow the existing Motel to stay current and attract visitors who wish to stay close to the northern recreation corridor, reducing the need for new hotels and vehicle trips through the City. b. Land Use Code: In general, the City's land use zones aim to "conserve the value of buildings and encourage the most appropriate use of land throughout the City." To this end, the City adopted 13 zones in its Land Use Code (the "Code"). The applicable zones at issue here are C-4 and R-2. The Super 8 Motel and the properties to the north and east are zoned C-4, which zone is known as the General Commercial Zone. It allows business uses and aims to "facilitate the development of attractive entrances to the city." Moab City Code § 17.27.010. Motels and conferences spaces are permitted in the C-4 zone. The subject property is currently zoned R-2, which zone allows single and two-family residential development and community service facilities such as schools, libraries, child care centers, parks and churches. Code § 17.45.020. The R-2 zone aims to maintain "desirable residential conditions" and "stable residential neighborhoods." Code § 17.45.010. Given the commercial entrance on the subject property from Highway 191 and its location just south of the Super 8 Motel's long southern wall, R-2 zoning is not appropriate as "desirable residential conditions" cannot exist on this property. Zone change requests should be reviewed carefully and cautiously. However, situations do arise which justify them. Here, the multiple zones applicable to the subject property and the Super 8 Motel, which parcels are treated as one unified property under the County records; the commercial tax paid on the property for 24 years; the property's location and existing commercial entrance located on the property; the recent development and popularity of the northern recreation corridor; and the need of the community and tourism industry for improved and expanded lodging and conference opportunities on the north end of the City make this zone request appropriate and reasonable. Page 108 of 169 Zone Change Application Page 8 I look forward to working with you during the review process. Please do not hesitate to contact me with questions regarding this Application. CRS/ enclosures cc: J.J. Wang, Manager for Applicant Sincerely, Christina R. 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AY VN%I N' M\ttA1 C d of a Page 114 of 169 Chapter 17.04 ZONING MAP AMENDMENTS AND TEXT AMENDMENTS Sections: 17.04.010 Initiation of zoning change. 17.04.020 Zoning text amendments. 17.04.030 Zoning map amendments. 17.04.040 Application for zoning map amendment or text amendment. 17.04.050 Map amendment policy declaration. 17.04.060 Map amendment approval criteria. 17.04.070 Text amendment approval criteria. 17.04.080 Public hearing required. 17.04.090 Notification requirements for planning commission public hearing. 17.04.100 Action by city council. 17.04.110 Appeals. 17.04.120 Processing matrix. 17.04.010 Initiation of zoning change. Any person having a proprietary interest in any real property may submit an application for a zoning map amendment or a zoning text amendment, or the planning commission can, on its own motion or on request from the city council, propose, study, and recommend changes to the official zoning map or the text of the Land Use Code. All costs associated with publication and notification requirements are the responsibility of the applicant. (Ord. 08-03 (part), 2008) 17.04.020 Zoning text amendments. A. Purpose. The zoning text amendment process allows for amendment to the use requirements within zoning districts to allow particular uses which are not otherwise permitted within a specified zone, provided that proposed uses are substantially similar to, and compatible with, the objectives and characteristics of the zone. B. Uses Not Specified. Uses not specified as authorized within any particular zoning district are prohibited, unless authorized pursuant to the other provisions of this Land Use Code. C. Similar Use Determination Repealed. Text amendments pursuant to this chapter encompass and shall supersede similar use determinations as previously allowed by various sections of this Land Use Code, all of which are hereby repealed. (Ord. 08-03 (part), 2008) 17.04.030 Zoning map amendments. Purpose. The purpose of a zoning map amendment shall be to alter, enlarge, or reduce the geographic extent of any zoning district, or to enact a new zoning designation for any particular tract of real property. (Ord. 08-03 (part), 2008) 17.04.040 Application for zoning map amendment or text amendment. A. Any person having a proprietary interest in any real property within the corporate limits of the city may request a map amendment or text amendment by filing three copies of the application for such change or amendment with the zoning administrator. The application shall, at a minimum, include the following information: 1. The name, address, and telephone number of the applicant; 2. A description of the requested change or amendment and a description of the property to be affected by such request by a metes and bounds legal description; 3. A title certificate or report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements, judgments, and encumbrances of record that affect the title to the subject property; 4. A statement from the county treasurer showing payment in full of all real property taxes due on such parcel; 5. A boundary survey of the land area to be rezoned, which shall include a depiction of existing zoning district boundaries, real property boundaries, existing structures, and public roads existing within three hundred feet in all directions of the subject property boundary; 6. A list of surrounding property owners and their legal mailing addresses for all properties within three hundred feet of the exterior boundary of the parcel proposed for a zoning map amendment; 7. A statement by the applicant explaining the rationale for the zoning request relative to the standards imposed by this chapter; 8. A filing fee in accordance with the fee schedule adopted by resolution of the city council; and 9. A narrative or concept plan describing why this property is suited for the intended purposes and stating what development and/or construction is planned by the applicant. B. Pre -Application Conference. Prior to the filing of an application for a map amendment or zoning text amendment, the applicant shall meet with the planning department to discuss the proposed application. At the pre -application meeting the application contents, review procedures, use and area standards, and the general character of the development may be Agenda Page 115 of 169 discussed. At the pre -application conference, the applicant may be represented by a land planner, engineer or surveyor. Applicants are encouraged to submit a conceptual site plan at the pre -application stage. C. Modifications of Submittals. City staff shall be authorized to waive or modify application submittal requirements as reasonable necessary to address the attributes of a specific application. (Ord. 08-03 (part), 2008) 17.04.050 Map amendment policy declaration. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, zoning map amendments are to be discouraged. Zoning map amendments shall only be approved if the applicant establishes that one or more of the following standards apply to the subject real property: A. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's general plan. B. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. C. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the city's general plan, and that such change will be consistent with the policies and goals of the plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. (Ord. 08-03 (part), 2008) 17.04.060 Map amendment approval criteria. The planning commission and city council shall consider the following criteria in reviewing a proposed map amendment: A. Was the existing zone for the property adopted in error? B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? C. Is there a need for the proposed zoning within the area or community? D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? E. Will benefits be derived by the community or area by granting the proposed zoning? F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? G. Does the application conform with the provisions of the Moab general plan, the Land Use Code, and applicable agreements with affected governmental entities? (Ord. 08-03 (part), 2008) 17.04.070 Text amendment approval criteria. It is the burden of the applicant to provide "good cause" to support a proposed text amendment. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, amendments to the Land Use Code are committed to the sound discretion of the city council based upon the following nonexclusive list of criteria: A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the city's general plan? C. Is the amendment consistent with the policies and goals of the general plan? D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? E. Is it in the public interest to approve the proposed amendment? F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? (Ord. 08-03 (part), 2008) 17.04.080 Public hearing required. A. Upon receipt of a complete application under this chapter city staff shall promptly schedule a public hearing before the planning commission. B. Within thirty days following the closing of the public hearing, the planning commission shall either recommend approval, approval with modifications, or disapproval of the application to the city council. The recommendation of the planning commission shall be transmitted to the city council and to the applicant within ten days of the recommendation. C. City staff may provide a staff report, which shall be provided to the applicant no later than three days prior to the public hearing or public meeting before city council. (Ord. 08-03 (part), 2008) 17.04.090 Notification requirements for planning commission public hearing. Agenda Page 116 of 169 A. The city shall provide notice with respect to the planning commission public hearing describing the real property subject to the application order under this chapter; the present and proposed zoning; and the time, date, and location of the hearing as follows: 1. By publication in a newspaper of general circulation within the city at least fifteen days prior to the hearing; 2. By mailing to the applicant, affected entities, and real property owners abutting or located within three hundred feet of the subject property at least ten days prior to the hearing; and 3. By posting on the city's official website and in at least one public place within the city, which notice shall also include a map showing the land area proposed for rezoning. B. Property Posting. In addition to the notifications by the city, the applicant shall post signs, in a form acceptable to the city, noticing the public hearing in at least one location every five hundred feet along the perimeter of the land area proposed for map amendment at least three days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date, and place of the public hearing; and contact information for the zoning administrator. C. Exception for General Amendments. When a zoning map amendment or text amendment is incidental to, or part of a general revision of the official zoning map or the text of this Land Use Code, whether such revision is made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, posting notice on the land area subject to the amendment or mailing to affected property owners or adjoining property owners is not required. (Ord. 08-03 (part), 2008) 17.04.100 Action by city council. A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held promptly following receipt of the planning commission recommendation. B. Notice of the public meeting shall be given to the applicant and by posting in at least one place within the city and by posting on the city's official website at least twenty-four hours prior to the meeting. C. In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance. D. The approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the city council. (Ord. 08-03 (part), 2008) 17.04.110 Appeals. A. 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. B. An appeal or any other judicial action arising from, or seeking review of, a decision by the city council under this chapter must be filed no lather than thirty days from the date of the final decision or action that is the subject of the action or legal claim. Any action commenced beyond that time is barred and shall be subject to summary dismissal. C. Review of any zoning map amendment or text amendment application shall be based upon the record of proceedings before the city council. Upon the commencement of a judicial appeal challenging 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. Agenda Page 117 of 169 MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: FEBRUARY 12 , 2015 :: Members Present: Members Absent: City Staff: Public Members: Kelly Thornton, Laura Uhle, Joe Downard, Wayne Hoskisson None Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson 6 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah Planning Commission Chair Kelly Thornton called the meeting to order at 7:00 pm. 1. Planning Commission Workshop — 6:30 Planned Affordable Development Planning Commission members held a general discussion about the proposed planned affordable development ordinance. 1. Citizens to be Heard There were no citizens to be heard. 2. Action Item Approval of Minutes: January 8, 2015 Commissioner Downard moved to approve the minutes for January 8, 2015. Commissioner Hoskisson seconded the motion. The motion carried 4-0 aye. 3. Public Hearing — Map Amendment — Zone Change Application 15-0103 Super 8 Motel Map Amendment — Zone change Application Proposed zoning map amendment for property located at 889 North Main Street, and owned by the Wang Organization, Ltd., from R-2, Single Family and Two Family Residential Zone, to C-4, General Commercial Zone and amending the City of Moab Official Zoning Map Planning Director Reinhart gave a brief presentation on the historical actions by City Council and the zoning changes relating to this parcel. Christina Sloan, representing the applicant, presented the Commission with her findings regarding the history of this parcel as well as her argument for approval of the zone change application. She discussed her written narrative presented with the rezoning application and how the applicant has met the requirements of the land use code and General Plan. She also presented the Commission with historical information regarding conveyance of the parcel and commercial taxation of the property prior to any construction on the land. Agenda Page 118 of 169 Commission Chair Thornton opened the public hearing at 7:43 pm. Doug Fix stated that the Super 8 has been a good neighbor and understands that these are separate lots. He expressed concern with access to 500 West. It was his understanding that any commercial development will have commercial access on 500 West and he felt that would change the character of 500 West. He stated that even though there was no outlet, big rigs continue to park on 500 West. He stated there were a number of issues when 500 West was redone and there was supposed to be no parking along 500 West. He claimed the City gave up on enforcing no parking on 500 West. Mr. Fix said with the construction of the Preserve Subdivision the area is a heavily -trafficked residential neighborhood and that could be even worse with a commercial pass through onto 500 West. Mr. Fix stated that Mr. Wang knows he has R2 zoning on the property. He stated the Cl would provide a buffer between commercial and residential. Mr. Fix feels the applicant is over -reaching by requesting C4 zoning for the entire parcel. He feels the applicant should list potential impacts and discuss mitigating factors. He appreciated the Commission taking the rezoning application seriously. He stated the code invites applicants to discuss serious impacts and the applicant does not do that. Mr. Fix stated he was being a neighborhood advocate and the idea that the wall of the motel is not a good neighbor but with a rezoning of the property the wall of the motel could shift south. Mr. Fix requested that any development or access onto 500 West should be prohibited. Mr. Fix stated that Mr. Wang never had a right to build another motel with R2 zoning on the property. A representative for Mr. Wang stated they were interested in doing what was good for the City and the neighborhood. She said the current configuration of the Super 8 motel does not allow for entrances onto the property from 500 West. She stated it was possible for them to develop a parking area closer to Highway 191 so trucks were not parking in the residential area. She stated it was not possible for them to develop the breakfast room, conference area and meeting room in the existing C-4 zone because there was not enough room to accommodate the space needed for the expansion. Commission Chair Thornton closed the public hearing at 7:57 pm. 4. Action Item — Planning Resolution 02-2015 A Resolution Recommending Approval of a Zoning Map Amendment for Property Located at 889 North Main Street, and Owned by the Wang Organization from R-2, Single Family and Two Family Residential Zone, to C-4, General Commercial Zone and Amending the City of Moab Official Zoning Map Commissioner Downard moved to table Planning Resolution 02-2015 in order for the Commission to review all the information presented and be prepared to make a thoughtful decision on the application. Commissioner Uhle seconded the motion. The motion carried 4-0 aye. 5. Discussion Item General Plan Update Process Commission members held a brief discussion regarding the public process for the General Plan. 6. Discussion Item FEMA Regulations and changes to our ordinance Commission members held a brief discussion regarding changes necessary to bring our ordinances into compliance with FEMA regulations. 7. Discussion Item Amendments to the Bed and Breakfast Regulations as referred to the Planning Commission by the City Council Agenda Page 119 of 169 Commission members held a brief discussion regarding bed and breakfast regulations. The Commission questioned whether the Council had reached a consensus on the changes they wanted to incorporate into the ordinance. Commission members felt the Council needed to provide better direction before they spent additional hours working on changes to the bed and breakfast ordinance. 8. Future Agenda Items Commissioners held a brief discussion regarding future agenda items. Adjournment Planning Commission Chair Thornton adjourned the meeting at 8:43 pm. Agenda Page 120 of 169 MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: MARCH 12 , 2015 :: Members Present: Members Absent: City Staff: Public Members: Laura Uhle, Jeanette Kopell, Wayne Hoskisson Joe Downard Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson 6 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah Planning Commission Acting Chair Laura Uhle called the meeting to order at 7:01 pm. 1. Planning Commission Workshop — 6:30 Planning Commission members did not hold a workshop this meeting. 1. Election of Chair and Vice Chair Commissioner Hoskisson nominated Jeanette Kopell to serve as Chair and Laura Uhle to serve as Vice Chair. Laura Uhle seconded the nomination. The motion passed 3-0 aye. Newly elected Chair Jeanette Kopell conducted the meeting from this point forward. 2. Citizens to be Heard There were no citizens to be heard. 3. Action Item Approval of Minutes: February 12, 2015 Commissioner Hoskisson moved to approve the minutes for February 12, 2015 as written. Commissioner Uhle seconded the motion. The motion carried 3-0 aye. 4. Action Item — Planning Resolution 02-2015 A Resolution Recommending Approval of a Zoning Map Amendment for Property Located at 889 North Main Street, and Owned by the Wang Organization from R-2, Single Family and Two Family Residential Zone, to C-4, General Commercial Zone and Amending the City of Moab Official Zoning Map Commissioner Hoskisson moved to approve Planning Resolution 02-2015 with a recommendation to Council to adopt Ordinance 2015-02 approving the request for a change in the zone of the property located at 889 North Main Street from R-2 to C-4. Commissioner Uhle seconded the motion. The motion carried 3-0 aye. Agenda Page 121 of 169 5. Action Item — Planning Resolution 03-2015 A Resolution Conditionally Approving the Commercial Site Plan for Homewood Suites Hotel on Property Located at 132 North Main in the C-3 Central Commercial Zoning District Commissioner Uhle moved to adopt Planning Resolution 03-2015 approving the proposed Homewood Suites Hotel with the condition: 1) 100 East should be gated and used as an emergency access only. 2) The developer shall work with the Urban Forester to develop an acceptable plan for the perimeter landscaping adjacent to the parking area. 3) The developer shall coordinate with city staff and, if necessary, UDOT to determine the appropriate location of the pedestrian light. Commissioner Hoskisson seconded the motion. The motion carried 3-0 aye. 6. Discussion Item Amendments to the Bed And Breakfast Regulations as referred to the Planning Commission by the City Council Commissioners reviewed some proposed amendments to the bed and breakfast regulations. They requested an opportunity to review them for a few weeks before making any decisions. 7. Future Agenda Items Commissioners held a brief discussion regarding future agenda items. Adj ournment Planning Commission Chair Kopell adjourned the meeting at 7:58 pm. Agenda Page 122 of 169 / MOAB CITY COUNCIL MEETING March 24, 2015 / / Agenda Item #: 7-4 PL-14-059 [Title: Adoption of Council Resolution #14-2015 Approving the Amended Subdivision Improvements and Development Agreement and the Final Plats for Phases 1, 2, and 3, Entrada at Moab, Master Planned Development, Located at 600 West 400 North in the C-2, Commercial Residential Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Bryon Walston and Ben Cahoon for Chad Clifford of Snow Hound Moab, LLC Background/Summary: The attached amended development and improvements agreement and the final plats for this Master Planned Development is the final step in the approval of the first three phases of a forty-five townhome unit development, Entrada at Moab. The proposed Master Planned Development is located on a 4.6-acre parcel in the C-2 (Commercial Residential) Zone. The mixed uses of residential and commercial nightly rentals is allowed in the C-2 Zone under MMC Section 17.65.020 E. There will be seven phases with varying numbers of townhomes constructed and amenities will be built in Phase Four and include a pool, clubhouse, and much of the pedestrian amenities. A clubhouse and pool area will also be a part of the development for a total lot coverage area of 61,350 square feet or 30.6%. The seven phases are shown on the Phasing Plan. The total height of any structure will be approximately 21 feet according to the developer statement. The developer is planning to construct all of the water, sewer, and street improvements through Phase 7 prior to recording the final plat. He has asked for exceptions to installing the perimeter landscaping, and sidewalks until the structures are completed. A Certificate of Occupancy will not be issued until these required elements are completed. The Improvements Agreement allows landscaping in each phase to be completed after the structures are finished so the plantings will not be destroyed and have to be replanted. Certificates of Occupancy will not be issued until all improvements for a phase are completed, reviewed by staff, and accepted by City Council. The Improvements Agreement also requires that all of the improvements for a particular phase (asphalt, landscaping, curb, gutter, sidewalk, perimeter landscaping, and other improvements) must be completed, inspected and approved prior to issuance of any building permits in a following phase. 1 Agenda Page 123 of 169 Page 2 of 4 The applicant has completed the review stages of the Concept Plan (MMC 17.65.090) and the Preliminary Plan (MMC 17.65.100) and is now before Council for final approval of Phases One, Two, and Three. In a meeting held on July 10, 2014, the Planning Commission favorably recommended the final plats to Council with the following five conditions: 1. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L101 be installed along the east boundary of the development. 2. A sidewalk twelve (12) feet in width shall be construction adjacent to 400 North Street as required by MMC. 3. The required state issued exception to the water and sewer line crossings must be received prior to the plat going to City Council. 4. The developer shall work with city engineering and public works to complete planning and construction of the storm water drain and water line replacement in 400 North Street. 5. A Subdivision Improvements Agreement for Phase 1 shall be approved by the City Council. MMC Section 17.65.120, Development agreements, states, "Once the land use authority has approved either the (a) phased preliminary master planned development or, (b) final master planned development, the approval shall be put in the form of a development agreement." The attached draft, Development and Phasing Agreement (Entrada at Moab), contains the necessary elements required by MMC. Section 17.65.120, states that the agreement shall contain, at a minimum, the following: A. A legal description of the land; B. All relevant zoning parameters including all findings, conclusions and conditions of approval; C. An express reservation of the future legislative power and zoning authority of the city; D. A copy of the approved master plan, architectural plans, landscape plans, grading plan, trails and open space plans, and other plans which are a part of the planning commission approval; E. A description of all developer exactions or agreed upon public dedications; F. The developer's agreement to pay all specified impact fees; G. The form of ownership anticipated for the project and the specific project phasing plan; H. Proposed financial guarantees for all required improvements if not completed within a specified time frame; I. Final covenants, conditions, and restrictions. The development agreement shall be ratified by the land use authority, signed by the city council and the applicant, and recorded with the county recorder. The development agreement also contains language which allows for minor, administrative modifications to occur to the approval without a formal revision of the agreement. It is required that the agreement be submitted to the city within six months of the date the project was approved by the land use authority, or the approval will expire. Agenda Page 124 of 169 Page 3 of 4 Options: Council can: 1. Adopt Resolution #-2o3.5 to approve the agreement as written and conditionally approve the Final Plats for Phases 1, 2, and 3 of the Entrada at Moab Master Planned Development as submitted; 2. Adopt Resolution #-2o3.5 and approve the agreement with amendments; 3. Table the agreement in order to receive more information; 4. Vote to not approve the agreement stating specific concerns, thereby, rejecting the final plats. Staff Recommendation: Staff recommends that Resolution #14-2015 be adopted as written to approve the development and phasing agreement and the final plats with the following conditions: 1. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L101 be installed along the east boundary of the development. 2. A sidewalk twelve (12) feet in width shall be construction adjacent to 400 North Street as required by MMC. 3. The required state issued exception to the water and sewer line crossings must be received prior to the plat going to City Council. 4. A Subdivision Improvements Agreement for Phases 1-3 shall be approved by the City Council. Recommended Motion: I move to approve Resolution #14-2015 with the conditions for the Final Plats for Phases 1-3. Attachment(s): Copies of: Draft Resolution #14-2015 Draft Improvements and Development Agreement Phasing Plan Final Plat for Phase 1 Final Plat for Phase 2 Final Plat for Phase 3 Aerial Zoning Letter from State DWQ Summary of project: Location: 400 North Street Zoning district: C-2, Commercial Residential Property Area: 4.6 acres (200,376 sq. ft.) Total number of units: 45 Type of units: Townhome Agenda Page 125 of 169 Page 4 of 4 Phasing: 7 Lot coverage: 61,350 sq. ft. (30.6%) Amenities: Clubhouse, pool, pedestrian amenity area Maximum height of structures: Approximately 21 feet (2 stories) PC Concept Plan approval: May 9, 2013 PC Public hearing and Preliminary Plan approval: March 13, 2014 CC Preliminary Plan Approval: April 8, 2014 Phase 1: Phase 1 consists of four townhome dwelling units and all of the utility improvements for the complete development through Phase 7. This includes water, sewer, and streets. The engineering will be seamless and savings of construction costs will be realized by the developer. The Final Plat for Phase 1 is indicative of the proposed phasing approved in the Phasing Plan. Phase 1 will also include the replacement of the 6 inch water line with an 8 inch pipe and possibly, the storm drain in 400 North. The Improvements and Development Agreement reflects the construction of these features. Phase 2: This phase includes eight townhome units and the additional parking area. The water and sewer lines and streets will be installed with Phase 1 and will not be included in the construction cost estimates for this phase. Perimeter landscaping and sidewalks will be the remaining elements of the phase. Phase 3: This phase is comprised of 8 additional townhomes. As in Phase 2, the water and sewer lines and streets will be installed with Phase 1 and will not be included in the construction cost estimates. Perimeter landscaping and sidewalks will be the remaining elements of the phase. p:\planning department \2015\correspondence \p1-15-13 cc entrada imp agree.docx Agenda Page 126 of 169 CITY OF MOAB RESOLUTION #14-2015 A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT AND CONDITIONALLY APPROVING THE FINAL PLATS FOR THE "ENTRADA AT MOAB" MASTER PLANNED DEVELOPMENT PHASES 1-3 ON PROPERTY LOCATED AT 600 WEST 400 NORTH IN THE C-2 ZONING DISTRICT WHEREAS, Chad Clifford, "Applicant", as Snow Hound Moab, LLC has applied for a Master Planned Development to construct a 45- unit townhome development with a pool and clubhouse on a 4.6-acre piece of property located at approximately 600 West 400 North in the C-2 zoning district; and WHEREAS, the mixed residential/commercial use is allowed in the C-2 under an approved Master Planned Development application as provided in Code Chapter 17.65; and WHEREAS, the Applicant provided the City with the necessary documents, plans and drawings to complete the application for review of the preliminary plan of the proposed Entrada at Moab Master Planned Development ("Development") as required in Code Chapter 17.65; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a duly advertised public hearing to hear testimony and determine compliance with the requirements of MMC Chapter 17.65, Master Planned Developments on March 13, 2014; and WHEREAS, the Commission, having considered Staff recommendations, and discussion of the pertinent aspects of the Development, adopted Planning Resolution #05-2014 recommending that Council conditionally approve the Master Planned Development; and WHEREAS, the Commission, reviewed the final plat for the Entrada at Moab Phases 1-3 on August 8, 2014, and having considered Staff recommendations, and discussion of the pertinent aspects of the Development voted to favorably refer the Final Plat to Council with conditions; and WHEREAS, on March 24, 2015, the Moab City Council reviewed the Final Plat for the "Entrada at Moab" Master Planned Development, Phases 1-3, and found that said Development meets or can meet the requirements of Titles 16 and 17 of the Moab Municipal Code with the following conditions: 1. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L 101 be installed along the east boundary of the development. 2. A sidewalk twelve (12) feet in width shall be construction adjacent to 400 North Street as required by MMC 17.65.060. 3. The developer shall work with the city engineering and public works departments to complete planning and construction of the storm water drain and water line replacement in 400 North Street. 4. A Development and Improvements Agreement for Phases 1, 2, and 3 shall be approved by the City Council. NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #14-2015 conditionally approves the submitted Final Plats for Phases 1, 2, and 3 and the Subdivision Improvements and development Agreement of the Entrada at Moab Master Planned Development, and the Mayor is directed to affix his signature to the Agreement on behalf of the City Council. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on September March 24, 2015. SIGNED: David L. Sakrison, Mayor r:\resolutions\2015\I4-2015.docx Agenda Page 127 of 169 z ATTEST: Rachel Stenta, Recorder Agenda Page 128 of 169 SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT For Entrada at Moab, Phases One through Seven Master Planned Development For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and Snow Hound Moab, LLC, (Subdivider) mutually referred to as the "Parties", do hereby enter into the following Subdivision Improvements and Development Agreement (the Agreement), pursuant to Moab Municipal Code (City Code) Sections 16.20 and 17.65.120, to govern the development of the subject property and the installation of subdivision improvements required by City Code. I. RECITALS. A. The City Planning Commission (Commission), as the recommending body to the Land Use Authority for preliminary subdivision plat and Master Planned Development approval, after following all required procedures and meeting noticing requirements, approved a Preliminary Plat for the Entrada at Moab Master Planned Development (MPD) on April 8, 2014 (the Subdivision). B. On August 10, 2014, the Commission, after following all required procedures and meeting notice requirements, recommended conditional approval of the final plan for Phases One through Three of the Entrada at Moab MPD to the Moab City Council (Council). C. The Council, as the Land Use Authority for Final Plat approval, approved the final plan for Phases One through Three of the Entrada at Moab, MPD at its regular City Council meeting on, 2015. D. SUBDIVIDER has submitted to CITY for its review construction plans and specifications entitled ENTRADA AT MOAB MPD CONSTRUCTION DRAWINGS SURFACE AND UTILITY IMPROVEMENTS (sheets C3 — C8, sheets PP1-PP3, and sheets L101-203 inclusive), having been prepared by Focus Engineering and bearing the stamp of a licensed Professional Engineer and landscape plans having been prepared by Bratt, Inc. and bearing the stamp of a licensed Landscape Architect, attached as Exhibit A (the Construction Plans). The Construction Plans show in sufficient detail the Required Improvements for the Subdivision. II. AGREEMENT IN CONSIDERATION OF THE ABOVE PREMISES, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Covered Property. The recitals above are incorporated into this Agreement. The real property in the County of Grand, State of Utah, subject to this Agreement (the Agenda Page 129 of 169 Entrada at Moab MPD Phase 1-7 SIA Page 2 of 12 Property) is described as follows: Section 35; Beginning at a point which bears North 38.8 feet and West 384.0 feet from the Southeast Corner of section 35, Township 25 South, Range East, SLM; thence North 89°50' East 435.3 feet; thence North 114.5 feet; thence South 89°54' West 100 feet; thence north 261 feet; thence North 89° 56' East 575.3 feet; thence South 377.2 feet to point of beginning. 2. Payment of Fees; Approved Land Uses. Subdivider agrees to pay all in -effect City fees applicable to the Subdivision, including but not limited to, impact fees, connection fees, building permit fees, and applicable inspection fees. Applicable fees shall calculated and paid at the time of connection or the time when the service is performed. The uses permitted in the Subdivision shall correspond with the residential uses as established for the C-2 Zone in Moab Municipal Code Section 17.45. Subject to the conditions in this Agreement, the Property has been authorized for the following uses and activities: APPROVED LAND USES FOR THE PROPERTY: Usage/Density Acreage Percentage of Project Acreage 45 townhome units/lots 1.37 30 Clubhouse/Pool Area .32 7 Open Space Passive Active 1.915 .15 1.765 42 Streets, Roads, Parking .995 21 Total Acreage 4.6 100 a). The configuration of the Subdivision and the uses therein shall conform to the Construction Documents as set forth in this Agreement. 3. Phasing Plan. The Subdivision will be constructed in seven phases, as set forth in the Phasing Table attached as Exhibit B. Subject to compliance with this Agreement, the Subdivider may submit for approval by the City and recording separate final plats encompassing one or more phases of the Subdivision. All Required Improvements for a given phase, as defined below, must be completed prior to the recording of a final plat for any phase of the Subdivision. Agenda Page 130 of 169 Entrada at Moab MPD Phase 1-7 SIA Page 3 of 12 4. Required Improvements. Subdivider shall construct all of the improvements to the Property shown on the Construction Plans, and as described in the Subdivision Improvement Schedule attached as Exhibit C (the Required Improvements). Required Improvements shall include the public improvements shown on the Construction Plans, as well as the following: (a) Site clearing and removal of obstructions; (b) General site grading of the Property; (c) Site utilities, including culinary water lines, fire hydrants, and sanitary sewer lines; (d) Streets, curbs, gutters, and sidewalks; (e) Street striping, signage, and street lights; (f) Storm water drainage facilities; (g) Non -motorized pathways; (h) All landscaping, irrigations systems, fencing, or other visual screening required as a condition of approval; (i) all electric utility lines, cable television/data, and telephone lines; and (j) all incidental improvements necessary or specified for use and occupation of the Subdivision. 5. Phase One through Three Improvements. Phase One through Three improvements include: a) site grading for the entire Property; b) construction of the curbs, gutters, sidewalks, and street paving as shown for Phases One through Three; c) construction of a sidewalk twelve (12) feet in width along the frontage of 400 North Street; d) culinary water line replacement in 400 North Street; e) inspection and (if necessary) replacement of the storm drain in 400 North Street, as determined by the City; 0 installation of all culinary water lines and sewer lines as necessary to serve Phase One through future Phase Seven; g) installation landscaping equal to that shown on the North boundary of the Property (Landscape Plan L 101) along the East boundary of the Property; and h) all other Required Improvements to serve Phases One through Three. 6. Phase Four through Seven Improvements. Improvements for Phases Four through Seven shall include the construction of all other Required Improvements for each phase. 7. Improvements to be Completed in Conformance with Construction Plans All Required Improvements shall be constructed in a workmanlike manner and in conformity with the approved Construction Plans. No deviations from the Construction Plans shall be permitted, except as authorized in writing by the City Engineer upon a showing of good cause. In addition, all Required Improvements shall be completed in conformance with the City of Moab Public Improvement Specifications, applicable building codes, and all state and federal regulations, as applicable. Where discrepancies occur between the Construction Plans and the listed reference standards, the reference standard shall prevail. 8. Timeline for Completion. Construction of the Required Improvements shall not commence until the Effective Date of this Agreement. Construction of all Required Improvements for Phases One through Three shall be completed within one hundred eighty Agenda Page 131 of 169 Entrada at Moab MPD Phase 1-7 SIA Page 4 of 12 (180) days from the Effective Date of this Agreement. a). Construction of Required Improvements for Phases Four through Seven shall be completed within one hundred eighty (180) days from the date of approval of the final plan by the City Council of those phases. b). A reasonable extension of time for the completion of the Required Improvements for any phase may be granted, at the discretion of the City Council, upon a showing by the Subdivider that there is good cause for an extension and that the work has been diligently prosecuted from the Effective Date of this Agreement or the approval of any particular phase, as applicable. c). If the construction of the Required Improvements is not completed and accepted within the timelines specified herein, or as lawfully extended, then the Subdivision and all development approvals shall be deemed lapsed and shall have no further effect. 9. Lot Sales, Building Permits, Plat Recording. No Building Permits will be issued until such time as all of the Required Improvements are completed in accordance with the phasing plan in this Agreement and, with respect to public improvements, accepted by the City. No final plat for the Subdivision, or any phase thereof, shall be executed by the City or submitted for recording until such time as either: a) all of the Required Improvements are completed in accordance with the phasing plan in this Agreement and, with respect to public improvements, accepted by the City; or b) a Financial Assurance conforming to Section 11 is delivered to the City. Subdivider shall not convey or purport to convey any lot within the Subdivision prior to the recording of the final plat for the phase in which that lot is situated. Any purported conveyance of lots by Subdivider prior to approval and recording of a final plat for any phase of the Subdivision, or otherwise in violation of this Agreement, shall be void. 10. Acceptance of Improvements, Warranty. All of the public improvements comprising the Required Improvements shall be subject to quality assurance testing and inspection as specified in the Construction Plans and/or applicable reference standards. Subdivider or its authorized representative shall provide not less than forty (48) hours minimum notification to City when inspection is required. The costs associated with such testing and inspection shall be the responsibility of Subdivider. Any work which is rejected following inspection must be repaired or replaced at the sole cost of the Subdivider. Any work which is covered up prior to inspection may be rejected, in which case Subdivider shall be solely responsible for exposing the work and arranging for inspection. a). The acceptance by the City of the public improvements comprising the required Improvements following completion and satisfactory inspection shall constitute a dedication and conveyance by the Subdivider to the City of all such improvements. Subdivider shall convey all public improvements to the City free and clear of any mechanic liens, claims, or other encumbrances. b). Subdivider warrants that all public improvements dedicated to the City shall Agenda Page 132 of 169 Entrada at Moab MPD Phase 1-7 SIA Page 5 of 12 be constructed in a workmanlike manner, in accordance with approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City. Subdivider shall promptly repair or replace any defective work following receipt of written notice under this warranty from the City. c). To partially secure this obligation, Subdivider shall deposit with the City a sum equal to ten percent (10%) of the construction cost, as determined by the City Engineer, for public improvements comprising the Required Improvements (the Warranty Deposit). Cost estimates for the public improvements for Phases One through Three shall be provided by Subdivider to the City no later than fifteen (15) calendar days from the Effective Date of this Agreement. Cost estimates for Required Improvements in subsequent phases shall be provided to the City concurrent with Subdivider's application for final plan approval as to those subsequent phases. d). The Warranty Deposit shall be paid by the Subdivider no later than fifteen (15) calendar days from the date of the approval of the cost estimates by the City Engineer. In the absence of any unperformed warranty claims, the City shall refund the Warranty Deposit to Subdivider upon expiration of the warranty period for the subject improvements. In the event of any default following delivery of written notice to Subdivider with respect to Subdivider's warranty obligations, the City may elect to draw upon the warranty deposit to cure, in whole or in part, any breach of warranty. e). Subdivider additionally warrants that all public improvements shall be delivered free and clear of any mechanic liens or other encumbrances. The City may require receipt of executed mechanic lien releases as a condition precedent to dedication of the public improvements. 11. Financial Assurance. If the Required Improvements are not completed within the one hundred eighty (180) day deadline specified in this Agreement, or if Subdivider desires to record a final plat in advance of the completion of the Required Improvements, the Subdivider may, subject to approval by the City, deliver a Financial Assurance, in a form acceptable to the City for the use and benefit of City and to secure the completion of the Required Improvements.The Financial Assurance shall be in the form of a performance/payment bond, escrow account, letter of credit or other financial instrument approved by the City Attorney in an amount which is not less than one hundred forty percent (140%) of the construction cost, as reviewed and approved by the City Engineer in writing, of the remaining improvements which are not completed. If a Financial Assurance is approved according to this Section 11, Subdivider shall have up to one hundred eighty (180) additional days from the Effective Date of this Agreement or, with respect to Phases Four through Seven, the date of final approval of the applicable phase, in which to complete the Required Improvements. The parties agree that, with respect to Phase One through Three improvements, Subdivider may elect to deliver a Financial Assurance to secure completion of landscaping and interior sidewalk improvements. 12. Cease and Desist Notice. If the Required Improvements have not been completed Agenda Page 133 of 169 Entrada at Moab MPD Phase 1-7 SIA Page 6 of 12 within the time provided in this Agreement or, in lieu of same, a Financial Assurance approved pursuant to Section 11, above, then the City may issue an immediate cease and desist order to Subdivider and all work shall be discontinued until such time as an acceptable Financial Assurance has been established. If Subdivider fails to take timely steps to deliver an acceptable Financial Assurance or complete the Required Improvements, then the City may record in the land records an Affidavit of Lapse of Plat/Plan and invoke such other remedies as may be available under this Agreement or at law. 13. Partial Releases of Financial Assurance. Upon partial completion of any class of improvements within the Required Improvements Subdivider may request a partial release of the Financial Assurance. The amount of the release shall be equal to the agreed cost of the completed improvements, as determined by the City Engineer. Partial releases shall not be made for partial completion of a class of improvements. a). In order for Subdivider to receive such partial release, the following shall be presented to City: i. A completed Escrow/Financial Assurance Partial Release Form supplied by City and signed by a professional engineer serving as agent for Subdivider; ii. Copies of all quality assurance test results/inspection reports required for the completed improvements; iii. Copies of all weight/quantity tickets for materials incorporated in the work for all items that were estimated on the basis of weight/quantity; and iv. Copies of all invoices or receipts for materials delivered to the site and incorporated in to the work for which a partial release is being requested. b). The partial release request shall be reviewed for completeness and accuracy by City Public Works Director and/or City Engineer. The City may adjust the amount of the request if field inspection shows that quantities are not accurate, or all items of work have not been completed in accordance with the approved Construction Plans. c). City shall process a release request promptly following receipt of a complete application. 14. Final Release of Financial Assurance. If applicable, upon completion of all Required Improvements in accordance with the approved Construction Plans, Subdivider may request that the remainder of the Financial Assurance be released, provided that Subdivider delivers executed mechanic lien waivers/releases from all contractors who performed work on the project and all suppliers who supplied materials that were incorporated into the work, together with a written certification by Subdivider that all outstanding charges for the Required Improvements have been paid and that there are no Agenda Page 134 of 169 Entrada at Moab MPD Phase 1-7 SIA Page 7 of 12 other liens, encumbrances, or other restrictions affecting the improvements. 15. Use of Financial Assurance upon Default. Upon delivery of written notice to the Subdivider and expiration of any cure period, the City may then elect to draw upon the Financial Assurance as it deems necessary for the completion of improvements or cure of any default under this Agreement. 16. Zoning Compliance. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of all Required Improvements for the phase in which the structures are located, as provided in this Agreement. 17. Default, Remedies, Lapse of Plat/Plan. All provisions of this Agreement are material and any violation is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement the City shall deliver written notice to the Subdivider describing the act, event, or omission constituting a default, and allowing Subdivider a period of thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. a). Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: i) proceeding against the Financial Assurance; ii). withholding building permits, certificates of occupancy, or certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations or breaches of this Agreement; iv) recording an affidavit of a lapse of plat/plan, in whole or in part; v) commencing an action for damages —including damages for costs incurred in completing, repairing, or replacing Required Improvements or abating any violations; and/or vi) any other remedies available at law or equity, including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. b). The recording of an affidavit of lapse of plat/plan by the City shall result in the lapse of all prior land use approvals and the voiding of the subdivision of lots within the real property specified in the affidavit. 18. Covenants and Recording. Subdivider shall provide a declaration of covenants, conditions, and restrictions (CC&R's) which are consistent with the terms of all development approvals for the Subdivision prior to the recording of the final plat for the first phase. The CC&R's are subject to review and approval by the City Attorney prior to any recording. a). This Agreement will be recorded in the Grand County land records and constitutes an encumbrance against the subject Property. 19. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Subdivider in the ownership or development of all or any Agenda Page 135 of 169 Entrada at Moab MPD Phase 1-7 SIA Page 8 of 12 portion of the Property. Assignment of this Agreement shall require the mutual approval of the City and the proposed assignee, in writing. a). This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. b). Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. c). The term "Agreement" includes this Improvements Agreement, all exhibits hereto, the Final Plat/Plan for the Subdivision, and any phases thereof, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supersede all prior Agreements or representations, however evidenced. No modification to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. d). The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties agree that the exclusive venue shall be the Seventh Judicial District Court, Grand County, Utah. In any such proceedings arising under this Agreement, regardless of the denomination of the legal claims, the parties waive trial to a jury on all claims and agree that the action shall be decided by the court sitting without a jury. e). In any legal proceeding arising from this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. f). This Agreement shall be governed by Utah law. g). This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; i. the Project is a private development; ii. the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless/until the City accepts dedication of public improvements pursuant to this Agreement; and iii. except as otherwise provided herein, Subdivider shall have full power and exclusive control of the Property. h). The provisions of this Agreement are severable, and if any portion should be held to be invalid or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. i). In the event of any legal dispute arising from this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related Agenda Page 136 of 169 Entrada at Moab MPD Phase 1-7 SIA Page 9 of 12 damages of any kind. j). All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, or by hand delivery or delivery by a reputable courier, and sent to the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To Subdivider: Chad Clifford Snow Hound Moab, LLC 10266 Oak Creek Lane Highland, UT 84003 Phone: 760-845-9758 Email: cc@msdland.com k). Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. A notice sent by mail shall be deemed delivered no later than three (3) days from the date that it is mailed. 1). Nothing in this Agreement shall be deemed to waive any governmental or other immunity to which the City is entitled under law. 20. Indemnity. Subdivider shall indemnify and hold the City harmless with respect to any third party claims, including claims for property damage, injury, or death, and any demands, liabilities, causes of action, costs, or damages, including reasonable attorney's fees, that may arise from any act or omission of the Subdivider, its members, managers, employees, agents, or contractors in connection with the development of the Subdivision and/or the performance of this Agreement. 21. Future Legislative Power. Nothing in this Agreement shall be construed to impair or limit the future legislative power or zoning authority of the City. 22. Grading. All grading and soil disturbance undertaken in the development of the Subdivision shall be performed in conformity with Appendix J of the International Building Code (IBC) as adopted by the City. Subdivider shall obtain a grading permit as required and pay applicable permit fees. Subdivider shall employ best management practices to prevent or control erosion and/or pollutant discharge resulting from its construction activities. Agenda Page 137 of 169 Entrada at Moab MPD Phase 1-7 SIA Page 10 of 12 23. Minor Plan Amendments. The City Planner shall have the authority to authorize in writing minor plan amendments as to the location or configuration of improvements or the like where such changes may become necessary because of unforeseen site conditions or design problems, provided that all such changes must be consistent with the overall intent and purpose of this Agreement. 24. Effective Date. The effective date of this Agreement is the date when it is signed by all Parties and the Council has approved the final plan for Phases One through Three of the Subdivision. 25. Counterparts. This Agreement may be executed in separate original counterparts which, when combined, shall constitute the entire Agreement. Exhibits: A. Construction Plans B. Phasing Table C. Subdivision Improvement Schedule Agenda Page 138 of 169 Entrada at Moab MPD Phase 1-7 SIA Page 11 of 12 IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by Subdivider as of the date(s) specified below. CITY OF MOAB: Mayor David L. Sakrison Date ATTEST: Rachel Stenta City Recorder SUBDIVIDER: SNOW HOUND MOAB, LLC Chad Clifford, Its ManagerDate STATE OF UTAH ) )ss. COUNTY OF GRAND ) Date The foregoing agreement was executed before me by , this day of , 2015. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: Agenda Page 139 of 169 Entrada at Moab MPD Phase 1-7 SIA Page 12 of 12 STATE OF UTAH COUNTY OF GRAND The foregoing agreement was executed before me by , this day of , 2015. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by , this day of , 2015. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: Agenda Page 140 of 169 VICINITY MAP Line Table LINE DIRECTION LENGTH Ll S9°56'15"E 2.59 L2 N9°56'15"W 2.59 L3 S89°50'00"E 4.02 Curve Table CURVE RADIUS DELTA LENGTH CHORD DIRECTION CHORD LENGTH CI 200.00 9°56'15" 34.69 N04°58'07"W 34.64 C2 200.00 1°29'15" 5.19 S09°11'37"E 5.19 C3 19.50 34°38'43" 11.79 N17°19'22"E 11.61 C'4 184.50 2°37'55" 8.48 N01°18'57"W 8.47 C5 19.50 48°39'52" 16.56 N26°57'51"W 16.07 C6 13.50 50°30'09" 11.90 S25°15'05"E 11.52 C7 221.50 9°56'15" 38.42 N04°58'07"W 38.37 C8 178.50 0°27'39" 1.44 S09°42'25"E 1.44 C9 221.50 2°08'54" 8.31 N08°51'47"W 8.31 C10 221.50 7°47'20" 30.11 NO3°53'40"W 30.09 PLAT PREPARED BY o ENGINEERING AND SURVEYING, LLC 502 WEST 8360 SOUTH SANDY, UTAH 84070 PH: (801) 352-0075 www.focusutah.com PRIVATE ONERSHIP LIMITED COMMON OWNERSHIP COMMON OWNERSHIP SOUTH a CORNER OF SECTION 35, T25S, R21E, SLB&M 35 - ENTRADA AT MOAB PHASE 1 TOWNHOME SUBDIVISION LOCATED IN THE SE4 OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH ORCHARD VILLA TOWNHOMES PHASE 2 M-� 205 206 207 208 301 302 303 304 FeT-URE-DEVELIPMENT 204 203 202 201 ROUZER 437/234 26' SEWER, WATER, DRAINAGE, & ACCESS EASEMENT IN FAVOR OF MOAB CITY ENTRY No. BOOK PAGE O Cr) 0 Z 18.70 r? 21. U% S 18.96 (PRIVATE ROAD) 26.41 305 EAST T 306 128.36 87.89 308 N90°00'00"E 80.05 N M r N N 56.00 104 1521 sqft 56.00 103 1531 sqft 56.00 102 1531 sqft 56.00 101 1521 sqft 56.00 S90°00'00"W 59.00 78.97 3.00 =X X X �X NX 3.00 0 co POINT OF BEGINNING 400 MEASURED: S89°54'00"W 2,642.46 N89 °50'00"W 128.36 NORTH w 0 0 0 Z 20 N GRAPHIC SCALE 0 10 20 40 80 ( IN FEET ) 1 inch = 20 ft. NOTES 1. ALL COMMON AND LIMITED COMMON AREAS ARE HEREBY DEDICATED TO AND WILL BE MAINTAINED BY THE ENTRADA AT MOAB HOME OWNERS ASSOCIATION AS PUBLIC UTILITY AND DRAINAGE EASEMENTS. SOUTHEAST CORNER OF SECTION 35, T25S, R21E, SLB&M _ 690.94 _ _ vl _ 35 36 S89°54'00"W 2 1 SURVEYOR'S CERTIFICATE I, Dennis P. Carlisle, do hereby certify that I am a Professional Land Surveyor, and that I hold Certificate No. 172675 in accordance with Title 58, Chapter 22 of Utah State Code. I further certify by authority of the owners(s) that I have completed a Survey of the property described on this Plat in accordance with Section 17-23-17 of said Code, and have subdivided said tract of land into lots, blocks, streets, and easements, and the same has, or will be correctly surveyed, staked and monumented on the ground as shown on this Plat, and that this Plat is true and correct. DENNIS P. CARLISLE PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 172675 BOUNDARY DESCRIPTION A portion of the SE1/4 of Section 35, Township 25 South, Range 21 East, Salt Lake Base & Meridian, located in Moab, Grand County, Utah, more particularly described as follows: Beginning at a point on the northerly line of 400 North Street as defined and described in Deed Book 469 Page 497 of the Official Records of Grand County located S89°54'00"W along the Section line 690.94 feet and North 40.05 feet from the Southeast Corner of Section 35, T25S, R21E, S.L.B.& M.; thence N89°50'00"W along said street 128.36 feet; thence North 150.07 feet; thence East 128.36 feet; thence South 150.44 feet to the point of beginning. Contains: 19,287+/- s.f. OWNERS DEDICATION KNOWN ALL BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER'S OF THE DESCRIBED TRACT OF LAND ABOVE, HAVING CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS AND STREETS TO HEREAFTER BE KNOWN AS ENTRADA AT MOAB PHASE 1 DO HEREBY DEDICATE FOR THE PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, AND WARRANT, DEFEND, AND SAVE THE CITY HARMLESS AGAINST ANY EASEMENTS OR OTHER ENCUMBRANCES ON THE DEDICATED STREETS WHICH WILL INTERFERE WITH THE CITY'S USE, OPERATION, AND MAINTENANCE OF THE STREETS AND DO FURTHER DEDICATE THE EASEMENTS AS SHOWN FOR THE USE BY ALL SUPPLIERS OF UTILITY OR OTHER NECESSARY SERVICES. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS DAY OF A.D. 20 LIMITED LIABILITY ACKNOWLEDGMENT ON THE DAY OF A.D. 2014 PERSONALLY APPEARED BEFORE ME , THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR THE COUNTY OF , IN SAID STATE OF UTAH, , WHO AFTER BEING DULY SWORN, ACKNOWLEDGED TO ME THAT HE IS THE PRESIDENT OF L.L.C., A UTAH L.L.C. AND THAT HE SIGNED THE OWNERS DEDICATION FREELY AND VOLUNTARILY FOR AND IN BEHALF OF SAID LIMITED LIABILITY COMPANY FOR THE PURPOSES THEREIN MENTIONED. MY COMMISSION EXPIRES NOTARY PUBLIC RESIDING IN COUNTY ENTRADA AT MOAB PHASE 1 LOCATED IN THE SE4 OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH PUBLIC WORKS APPROVAL APPROVED AS TO FORM THIS DAY OF , A.D., 2014. PLANNING COMMISSION APPROVED AS TO FORM THIS DAY OF , A.D., MOAB CITY ENGINEER I HEREBY CERTIFY THAT THIS OFFICE HAS EXAMINED THIS PLAT AND IT IS CORRECT IN ACCORDANCE WITH INFORMATION ON FILE IN THIS OFFICE. OFFICE OF THE CITY ATTORNEY APPROVED AS TO FORM THIS DAY OF , A.D., 2014. MOAB CITY COUNCIL PRESENTED TO THE MOAB CITY COUNCIL THIS DAY OF RECORDED# STATE OF UTAH, COUNTY OF GRAND, RECORDED AND FILES AT THE REQUEST OF: PUBLIC WORKS DIRECTOR 2014 BY THE MOAB CITY PLANNING COMMISSION. PLANNING COMMISSION CHAIRPERSON DATE MOAB CITY �EMIN ATTORNEY FOR MOAB CITY A.D., 2014., AT WHICH TIME THIS SUBDIVISION WAS APPROVED AND ACCEPTED.. ATTEST: CITY CLERK MAYOR DATE: TIME: FEE $ BOOK: PAGE: GRAND COUNTY RECORDER VICINITY MAP co C m a PRIVATE ONERSHIP LIMITED COMMON OWNERSHIP COMMON OWNERSHIP Line Table LINE DIRECTION LENGTH L I N90°00'00"W 9.31 L2 S00°00'00"E 16.00 L3 N00°00'00"E 18.50 L4 N90°00'00"W 8.00 L5 N00°00'00"E 25.00 L6 N90°00'00"W 6.00 L7 N90°00'00"W 2.50 L8 N90°00'00"E 2.58 Curve Table CURVE RADIUS DELTA LENGTH CHORD DIRECTION CHORD LENGTH Cl 200.00 8°27'00" 29.50 SO4°13'30"E 29.47 C2 19.50 38°42'13" 13.17 N70°38'53"W 12.92 C3 2.50 90°00'00" 3.93 S45°00'00"W 3.54 C4 19.50 90°00'00" 30.63 N45°00'00"E 27.58 C5 13.50 90°00'00" 21.21 N45°00'00"W 19.09 LEGEND PLAT PREPARED BY SOUTH a CORNER OF SECTION 35, T25S, R21E, SLB&M 35 - ENTRADA AT MOAB PHASE 2 TOWNHOME SUBDIVISION LOCATED IN THE SE4 OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH ORCHARD VILLA TOWNHOMES PHASE 2 O co N N89 °56'00 "E 130.82 0 en M 0 0 0 0 7 0 0 0 0 0 z 7.50 N90°00'00"W 109.00 -7\-Y00XXXXXXXXXXXXXXXA..Q - 27.17 27.33 27.33 27.17 0 0 205 0 1521 sqft 27.17 206 0 1531 sqft 27.33 207 0 1531 sqft 27.33 208 1521 sqft 27.17 0:! 0' 0 0 0 0 0 6.87 0 ci 301 302 26' SEWER, WATER, DRAINAGE, & ACCESS EASEMENT IN FAVOR OF MOAB CITY 303 304 EN'1 RY NT BOOK PAGE EAST 87.05 470 NORTH IsIA0200'00!'VA - -1-0 42- (PRIVATE ROAD) 149.08 N90°00'00"E 210.42 N90°00'00"W 114.08 o 0 0 ' 1 27.17 27.33 27.33 27.17 0 204 0 203 0 202 0 201 0 1521 sqft � 1531 sqft 1531 sqft 1521 sqft kr; � ,c.c)'• � ,`:f; kr) kr; 27.17 27.33 27.33 27.17 N90°00'00"E 109.00 W 0 0 0 0 0 L8 ().. L4 N90°00'00"E 117.53 L6 W 0 0 0 0 z (G°' L 1 C� M N90°00'00"W 104.00 S89°54'00"W 140.00 POINT OF BEGINNING ROUZER 437/234 w O 15.50 21.5 U I I I 1�18.70 21.'L1 WES 40.4(7 M I FUTURE DEVELOPMENT 61.34 SOUTH 37.00 O co LWEST 26.34 R=13.50 A=90°00'00" L=21.21 CH=S45°00'00"W 19.09 305 306 ;=178.50 =9°28'41" L=29.5;3 CH=S4°44'21 "E 29.49 ENTRADA AT MOAB PHASE 1 307 308 104 103 102 101 MEASURED: S89°54'00"W 2,642.46 400 NORTH 819.30 S89°54'00 "W 30 N s GRAPHIC SCALE 0 15 30 60 120 ( IN FEET ) 1 inch = 30 ft. NOTES 1. ALL COMMON AND LIMITED COMMON AREAS ARE HEREBY DEDICATED TO AND WILL BE MAINTAINED BY THE ENTRADA AT MOAB HOME OWNERS ASSOCIATION AS PUBLIC UTILITY AND DRAINAGE EASEMENTS. SOUTHEAST CORNER OF SECTION 35, T25S, R21E, SLB&M 35 36 2 1 SURVEYOR'S CERTIFICATE I, Dennis P. Carlisle, do hereby certify that I am a Professional Land Surveyor, and that I hold Certificate No. 172675 in accordance with Title 58, Chapter 22 of Utah State Code. I further certify by authority of the owners(s) that I have completed a Survey of the property described on this Plat in accordance with Section 17-23-17 of said Code, and have subdivided said tract of land into lots, blocks, streets, and easements, and the same has, or will be correctly surveyed, staked and monumented on the ground as shown on this Plat, and that this Plat is true and correct. DENNIS P. CARLISLE PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 172675 BOUNDARY DESCRIPTION A portion of the SE1/4 of Section 35, Township 25 South, Range 21 East, Salt Lake Base & Meridian, located in Moab, Grand County, Utah, more particularly described as follows: Beginning at a point located S89°54'00"W along the Section line 819.30 feet and North 156.00 feet from the Southeast Corner of Section 35, T25S, R21E, S.L.B.& M.; thence S89°54'00"W 140.00 feet to the easterly line of Phase 2, ORCHARD VILLA TOWNHOMES, according to the Official Plat thereof on file in the Office of the Grand County Recorder; thence North along said plat 261.00 feet; thence N89°56'00"E 130.82 feet; thence South 90.70 feet; thence East 87.05 feet; thence South 37.00 feet; thence West 26.34 feet; thence along the arc of a 13.50 foot radius curve to the left 21.21 feet through a central angle of 90°00'00" (chord: S45°00'00"W 19.09 feet); thence South 55.59 feet; thence along the arc of a 178.50 foot radius curve to the left 29.53 feet through a central angle of 9°28'41" (chord: S4°44'21 "E 29.49 feet); thence West 40.47 feet; thence South 34.72 feet to the point of beginning. Contains: 42,391+/- s.f. or 0.97+/- acres OWNERS DEDICATION KNOWN ALL BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER'S OF THE DESCRIBED TRACT OF LAND ABOVE, HAVING CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS AND STREETS TO HEREAFTER BE KNOWN AS ENTRADA AT MOAB PHASE 2 DO HEREBY DEDICATE FOR THE PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, AND WARRANT, DEFEND, AND SAVE THE CITY HARMLESS AGAINST ANY EASEMENTS OR OTHER ENCUMBRANCES ON THE DEDICATED STREETS WHICH WILL INTERFERE WITH THE CITY'S USE, OPERATION, AND MAINTENANCE OF THE STREETS AND DO FURTHER DEDICATE THE EASEMENTS AS SHOWN FOR THE USE BY ALL SUPPLIERS OF UTILITY OR OTHER NECESSARY SERVICES. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS DAY OF A.D. 20 LIMITED LIABILITY ACKNOWLEDGMENT ON THE DAY OF A.D. 2014 PERSONALLY APPEARED BEFORE ME , THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR THE COUNTY OF , IN SAID STATE OF UTAH, , WHO AFTER BEING DULY SWORN, ACKNOWLEDGED TO ME THAT HE IS THE PRESIDENT OF L.L.C., A UTAH L.L.C. AND THAT HE SIGNED THE OWNERS DEDICATION FREELY AND VOLUNTARILY FOR AND IN BEHALF OF SAID LIMITED LIABILITY COMPANY FOR THE PURPOSES THEREIN MENTIONED. MY COMMISSION EXPIRES NOTARY PUBLIC RESIDING IN COUNTY ENTRADA AT MOAB PHASE 2 LOCATED IN THE SO OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH PUBLIC WORKS APPROVAL APPROVED AS TO FORM THIS DAY OF , A.D., 2014. PLANNING COMMISSION APPROVED AS TO FORM THIS DAY OF , A.D., 2014 BY THE MOAB CITY PLANNING COMMISSION. MOAB CITY ENGINEER I HEREBY CERTIFY THAT THIS OFFICE HAS EXAMINED THIS PLAT AND IT IS CORRECT IN ACCORDANCE WITH INFORMATION ON FILE IN THIS OFFICE. OFFICE OF THE CITY ATTORNEY APPROVED AS TO FORM THIS DAY OF , A.D., 2014. MOAB CITY COUNCIL PRESENTED TO THE MOAB CITY COUNCIL THIS DAY OF A.D., 2014., AT WHICH TIME THIS SUBDIVISION WAS APPROVED AND ACCEPTED.. RECORDED# STATE OF UTAH, COUNTY OF GRAND, RECORDED AND FILES AT THE REQUEST OF: ENGINEERING AND SURVEYING, LLC 502 WEST 8360 SOUTH SANDY, UTAH 84070 PH: (801) 352-0075 www.focusutah.com PUBLIC WORKS DIRECTOR PLANNING COMMISSION CHAIRPERSON DATE MOAB CITYiIIVE ATTORNEY FOR MOAB CITY ATTEST: CITY CLERK MAYOR DATE: TIME: FEE $ BOOK: PAGE: GRAND COUNTY RECORDER VICINITY MAP co C d a Curve Table CURVE RADIUS DELTA LENGTH CHORD DIRECTION CHORD LENGTH Cl 13.50 3°30'01" 0.82 S88°14'59"W 0.82 C2 13.50 86°29'59" 20.38 S43°14'59"W 18.50 Line Table LINE LENGTH DIRECTION Ll 4.96 N90°00'00"W PLAT PREPARED BY r- \ ENGINEERING AND SURVEYING, LLC 502 WEST 8360 SOUTH SANDY, UTAH 84070 PH: (801) 352-0075 www.focusutah.com PRIVATE ONERSHIP LIMITED COMMON OWNERSHIP COMMON OWNERSHIP SOUTH a CORNER OF SECTION 35, T25S, R21E, SLB&M 35 - Y ORCHARD VILLA TOWNHOMES PHASE 2 ENTRADA AT MOAB PHASE 3 TOWNHOME SUBDIVISION LOCATED IN THE SE4 OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH N89°56'00"E 122.74 205 206 207 208 w 0 0 0 0 .87 N90°00'00"W 109.00 A.00( X )X X X X X )c X X X X X X /3.00 ---I 27.17 301 0 1521 sqft 27.17 27.33 302 0 1531 sqft 27.33 27.33 303 0 1531 sqft 27.33 27.17 304 1521 sqft 27.17 0 0 0 0 6.87 u� co 0 O EAST 51.10 CANYONLANDS HEALTHCARE SPECIAL SERVICE DISTRICT 752/54 26' SEWER, WATER, DRAINAGE, & ACCESS EASEMENT IN FAVOR OF MOAB CITY ENTRY No. BOOK PAGE WEST- ----87:0- O O AT MOAB -PHL.SE-2 204 203 202 ROUZER 437/234 =13.5b- A=9 *00'00 r' =21.2r1 °00'00 "E 19.09 I R= A=9° L CH=N4 re21 "W i 78.50 8'41 " I 29.53 9.49 M - - - N90�0100"AL --8L}79- 0 EAS2--0- 26.34 z 86.79 0 N90°00'00"E 470 NORTH _(PRLYAT ,ROAD) N90°00'00"W 86.79 00 0 0 1 27.17 305 0 1521 sqft 27.17 27.33 306 0 1531 sqft 27.33 27.33 307 0 1531 sqft 27.33 27.17 308 1521 sqft 27.17 0 0 (V\00/V\/\(3".407 N90°00'00"E 109.00 L1 0 r w 0 0 0 0 0 00 00 WEST 124.20 QVTRADA AT MOAB ?HASE 1 104 103 102 \ 101 v Lri M •\_ co O z POINT OF BEGINNING 400 NORTH MEASURED: S89°54'00"W 2,642.46 30 N GRAPHIC SCALE 0 15 30 60 120 ( IN FEET ) 1 inch = 30 ft. NOTES 1. ALL COMMON AND LIMITED COMMON AREAS ARE HEREBY DEDICATED TO AND WILL BE MAINTAINED BY THE ENTRADA AT MOAB HOME OWNERS ASSOCIATION AS PUBLIC UTILITY AND DRAINAGE EASEMENTS. SOUTHEAST CORNER OF SECTION 35, T25S, R21E, SLB&M _ 654.63 _ _ ,/) 35 36_ S89°54'00"W Y 2 1 SURVEYOR'S CERTIFICATE I, Dennis P. Carlisle, do hereby certify that I am a Professional Land Surveyor, and that I hold Certificate No. 172675 in accordance with Title 58, Chapter 22 of Utah State Code. I further certify by authority of the owners(s) that I have completed a Survey of the property described on this Plat in accordance with Section 17-23-17 of said Code, and have subdivided said tract of land into lots, blocks, streets, and easements, and the same has, or will be correctly surveyed, staked and monumented on the ground as shown on this Plat, and that this Plat is true and correct. DENNIS P. CARLISLE PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 172675 BOUNDARY DESCRIPTION A portion of the SE1/4 of Section 35, Township 25 South, Range 21 East, Salt Lake Base & Meridian, located in Moab, Grand County, Utah, more particularly described as follows: Beginning at a point located S89°54'00"W along the Section line 654.63 feet and North 190.43 feet from the Southeast Corner of Section 35, T25S, R21E, S.L.B.& M.; thence West 124.20 feet; thence Northwesterly along the arc of a 178.50 foot radius non -tangent curve (radius bears: N80°31'19"E) 29.53 feet through a central angle of 9°28'41" (chord: N4°44'21"W 29.49 feet); thence North 55.59 feet; thence along the arc of a 13.50 foot radius curve to the right 21.21 feet through a central angle of 90°00'00" (chord: N45°00'00"E 19.09 feet); thence East 26.34 feet; thence North 37.00 feet; thence West 87.05 feet; thence North 90.70 feet; thence N89°56'00"E 122.74 feet; thence South 90.85 feet; thence East 51.10 feet; thence South 135.48 feet to the point of beginning. Contains: 26,762+/- s.f. or 0.61+/- acres OWNERS DEDICATION KNOWN ALL BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER'S OF THE DESCRIBED TRACT OF LAND ABOVE, HAVING CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS AND STREETS TO HEREAFTER BE KNOWN AS ENTRADA AT MOAB PHASE 3 DO HEREBY DEDICATE FOR THE PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, AND WARRANT, DEFEND, AND SAVE THE CITY HARMLESS AGAINST ANY EASEMENTS OR OTHER ENCUMBRANCES ON THE DEDICATED STREETS WHICH WILL INTERFERE WITH THE CITY'S USE, OPERATION, AND MAINTENANCE OF THE STREETS AND DO FURTHER DEDICATE THE EASEMENTS AS SHOWN FOR THE USE BY ALL SUPPLIERS OF UTILITY OR OTHER NECESSARY SERVICES. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS DAY OF A.D. 20 LIMITED LIABILITY ACKNOWLEDGMENT ON THE DAY OF A.D. 2014 PERSONALLY APPEARED BEFORE ME , THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR THE COUNTY OF , IN SAID STATE OF UTAH, , WHO AFTER BEING DULY SWORN, ACKNOWLEDGED TO ME THAT HE IS THE PRESIDENT OF L.L.C., A UTAH L.L.C. AND THAT HE SIGNED THE OWNERS DEDICATION FREELY AND VOLUNTARILY FOR AND IN BEHALF OF SAID LIMITED LIABILITY COMPANY FOR THE PURPOSES THEREIN MENTIONED. MY COMMISSION EXPIRES NOTARY PUBLIC RESIDING IN COUNTY ENTRADA AT MOAB PHASE 3 LOCATED IN THE SE4 OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH PUBLIC WORKS APPROVAL APPROVED AS TO FORM THIS DAY OF , A.D., 2014. PLANNING COMMISSION APPROVED AS TO FORM THIS DAY OF , A.D., MOAB CITY ENGINEER I HEREBY CERTIFY THAT THIS OFFICE HAS EXAMINED THIS PLAT AND IT IS CORRECT IN ACCORDANCE WITH INFORMATION ON FILE IN THIS OFFICE. OFFICE OF THE CITY ATTORNEY APPROVED AS TO FORM THIS DAY OF , A.D., 2014. MOAB CITY COUNCIL PRESENTED TO THE MOAB CITY COUNCIL THIS DAY OF RECORDED# STATE OF UTAH, COUNTY OF GRAND, RECORDED AND FILES AT THE REQUEST OF: PUBLIC WORKS DIRECTOR 2014 BY THE MOAB CITY PLANNING COMMISSION. PLANNING COMMISSION CHAIRPERSON DATE MOAB CITY ATTORNEY FOR MOAB CITY A.D., 2014., AT WHICH TIME THIS SUBDIVISION WAS APPROVED AND ACCEPTED.. ATTEST: CITY CLERK MAYOR DATE: TIME: FEE $ BOOK: PAGE: GRAND COUNTY RECORDER U S ENGINEERING & SURVEYING, LLC LEGAL DESCRIPTION PREPARED FOR ENTRADA AT MOAB MOAB, UTAH (June 17, 2014) 502 West 8360 South Sandy, UT 84070 P (801) 352-0075 F (8o1) 352-7989 PROPOSED 26' ACCESS & UTILITY EASEMENT An access and utility easement located in a portion of the SE1/4 of Section 35, Township 25 South, Range 21 East, Salt Lake Base & Meridian, Moab City, Grand County, Utah, more particularly described as follows: Beginning at a point on the northerly line of 400 North Street as defined and described in Deed Book 469 Page 497 of the Official Records of Grand County located S89°54'00"W along the Section line 783.32 feet and North 40.48 feet from the Southeast Corner of Section 35, T25S, R21E, S.L.B.& M.; thence N89°50'00"W along said street 26.00 feet; thence North 107.91 feet; thence along the arc of a 187.00 foot radius curve to the left 32.43 feet through a central angle of 9°56' 15" (chord: N4°58'08"W 32.39 feet); thence N9°56' 15"W 2.59 feet; thence along the arc of a 213.00 foot radius curve to the right 36.94 feet through a central angle of 9°56' 15" (chord: N4°58'08"W 36.90 feet); thence North 77.59 feet; thence West 133.58 feet; thence North 26.00 feet; thence East 551.30 feet; thence South 26.00 feet; thence West 88.06 feet; thence South 258.02 feet to the northerly line of said 400 North Street; thence N89°50'00"W along said street 26.00 feet; thence North 257.95 feet; thence West 277.66 feet; thence South 77.59 feet; thence along the arc of a 187.00 foot radius curve to the left 32.43 feet through a central angle of 9°56' 15" (chord: S4°58'08"E 32.39 feet); thence S9°56' 15"E 2.59 feet; thence along the arc of a 213.00 foot radius curve to the right 36.94 feet through a central angle of 9°56' 15" (chord: S4°58'08"E 36.90 feet); thence South 107.99 feet to the point of beginning. Contains: 27,737+/- s.f. Agenda Page 144 of 169 State of Utah GARY R. HERBERT Governor SPENCER J. COX Lieutenant Governor September 25, 2014 Department of Environmental Quality Amanda Smith Executive Director DIVISION OF DRINKING WATER Kenneth H. Bousfield, P.E. Director Jeff Foster, Public Works Director City of Moab 217 East Center Moab, Utah 84532 Dear Mr. Foster: Subject: Plan Approval and Exception to R309-550-7 Minimum Separation Requirements, Entrada at Moab Development, System #10003, File #9704 On June 26, 2014, the Division of Drinking Water (the Division) received plans for the expansion of Moab City's water system to serve the Entrada at Moab development. Additional information was provided on September 2, 2014, satisfying requirements for hydraulic modeling. It is our understanding the development consists of 43 condominium units. Approximately 1,743 lineal feet of 8-inch diameter C-900 PVC pipe will be constructed to serve the development. In order to satisfy minimum requirements for fire flow and pressure required by Moab City, the existing 6-inch diameter pipe in 400 North serving the development will be replaced with 8-inch diameter pipe to 500 West. Additionally, the 8-inch diameter pipe within the proposed development will be looped with existing 8-inch diameter pipe in an existing development to the north. We have completed our review of the plans and specifications prepared by Focus Engineering under the direction of Thomas M. Romney, P.E., and find they basically comply with the applicable portions of Utah's Administrative Rules for Public Drinking Water Systems in R309. On this basis, the plans for the water lines serving the Entrada at Moab Development project are hereby approved. Due to the depth of existing utilities, intersecting water and sewer pipes serving the Entrada development cannot meet the minimum vertical separation requirements specified in R309-550-7 at three sites (600 W 400 N; 650 W 400 N; and 470 N 650 W). An alternate method of protection which provides a minimum of 8 inches of vertical separation, water line above sewer line, and no joints in the water pipe within 10 feet measured horizontally from the intersection with the sewer Agenda 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830 Telephone (801) 536-4200 • Fax (801-536-4211 • T.D.D. (801) 536-4414 aitZ1/0.11A124469 Printed on 100% recycled paper Jeff Foster Page 2 September 25, 2014 line is proposed. On this basis, an exception to R309-550-7, Separation of Water Mains and Transmission Lines from Sewers and Other Pollution Sources, is hereby granted for these three locations. This approval pertains to construction only. An operating permit must be obtained from the Director before the new water lines may be put in service. A checklist outlining the items required for operating permit issuance is enclosed for your information. Approvals or permits by local authority or county may be necessary before beginning construction of this project. As the project proceeds, notice of any changes in the approved design, as well as any change affecting the quantity or quality of the delivered water, must be submitted to the Division. We may also conduct interim and final inspections of this project. Please notify us when actual construction begins so that these inspections can be scheduled. This approval must be renewed if construction has not begun or if substantial equipment has not been ordered within one year of the date of this letter. If you have any questions regarding this letter, please contact David Ariotti, at (435) 637-3671, or Ying-Ying Macauley, Engineering Section Manager, of this office, at (801) 536-4188. Sincerely, Kenneth H. Bousfield, P.E. Director DRA Enclosure — Operating Permit Checklist cc: Bradon Bradford, Environmental Health Director, Southeast Utah District Health, bbradfor@utah.gov Thomas Romney, Focus Engineering, tromney@focusutah.com David Ariotti, Southeast District Engineer, dariotti@utah.gov Nagendra Dev, Division of Drinking Water, ndev@utah.gov DDW-2014-013905.docx Agenda Page 146 of 169 Division of Drinking Water Checklist for Issuing Operating Permits Water System Name: System Number: Project Description: File Number: The following items must be submitted and found to be acceptable for operating permit issuance with the exception of distribution lines without booster pumps and/or pressure -reducing valves. [Waterline projects without booster pumps and/or pressure -reducing valves may be placed into service prior to submittal of all items or the Division's issuance of an operating permit if: (1) the water system has officially designated a professional engineer (P.E.) responsible for the entire water system; and, (2) if this designated P.E. has received a "Certification of Rule Conformance" statement issued by a P.E. and evidence of satisfactory bacteriological sample result. In this case, a public water system will submit all items needed for obtaining an operating permit for each distribution system project even after the new waterlines have been placed into service as determined by the water system's designated P.E.] ❑ Utah Registered Engineer's Certification of Rule Conformance that all conditions of plan approval (including conditions set forth by the Division Director in any conditional approval letter) have been accomplished ❑ Utah Registered Engineer's statement of what plan changes, if any, were necessary during construction and a Certification of Rule Conformance that all of these changes were in accordance with applicable Utah Administrative Code, R309-500 through R309-550, Drinking Water Facility, Construction, Design, and Operation Rules ❑ As -built drawings have been received at the Division (unless no changes were made to the previously submitted and approved pre -construction drawings) ❑ Confirmation that the record drawings have been received by the water system (unless no changes were made to the previously submitted and approved pre -construction drawings) ❑ Evidence of proper flushing and disinfection in accordance with the appropriate ANSI/AWWA Standards ❑ ANSI/AWWA C651-05 AWWA Standard for Disinfecting Water Mains • Two consecutive sample sets (each 1200 feet, end -of -line, each branch, etc.), none positive, at least 24 hours apart ❑ ANSI/AWWA C652-02 AWWA Standard for Disinfection of Water -Storage Facilities • One or more samples, none positive ❑ ANSI/AWWA C653-03 AWWA Standard for Disinfection of Water Treatment Plants • Two consecutive samples per unit, none positive, no less than 30 minutes apart ❑ ANSI/AWWA C654-03 AWWA Standard for Disinfection of Wells • Two consecutive samples, none positive, no less than 30 minutes apart ❑ Water quality data, where appropriate [Guidance: Include appropriate raw and finished water data that demonstrate the performance of the new treatment facility. Storage tank water should be analyzed for residual volatile organic compounds after tank interior painting or coating.] ❑ Confirmation that the water system owner has received the O&M manual for the new facility ❑ Location data of new storage tank, treatment facility, or source, if applicable Agenda Page 147 of 169 400 North Development 1 inch = 60 feet 30 60 180 240 gleUig 11P OP liTVEMP 'Wow NEP. -"Am, - 300 Feet 360 r 2 3 9. s 0 0 s 0 9 8J .ell -II Hill 1:l •.I My, NVld ONISVHd gow upaijug 11 Iq }10. I • 113d •3I I w a a c I1V)S 3IHdV119 1,1.11,1 11 ).'1 140.11 IiN Il r.1111V(1\Y1l Il•I I IIp 1 WN tl hied BN la. a Ol p l•:INIt YII • 11r I8. 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JO 30E00 03080038 38 TM 381 0350d08d 381 ONOTY 131383SV3 ALnuf 3038 It V GOV l 3SYNd HLM -a3TV15M SNOT 3AN3S 11V Page 149 of 169 Entrada at Moab 0 50 100 200 300 1 inch = 150 feet 400 Feet Page 150 of 169 N MOAB CITY COUNCIL MEETING / March 24, 2°15 I Agenda ltem #: 7-5 / PL-15-012 Title: Adoption of Council Resolution #12-2015 Approving a Petition to Adjust a Lot Line between Lots 1 and 2, Block 5 of the Evans Subdivision Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Mike Harris Representative: Nick Smith Background/Summary: This application is a request for relocating the lot line between Lot 1 and 2, Bock 5 of the Evans Subdivision to create a two unit townhome development ("twin home"). The line will be redrawn to split the existing duplex structure with a zoning lot for each dwelling. The new Lot 1A will front on 400 North and the new Lot 2A will be a flag -shaped lot. The pole portion of the lot will also be a dedicated easement for utility extensions and access. The required building code separations between the two halves of the duplex are being finished to complete the conversion of the structure into two distinct single family dwellings. The amended Lot 1A will have an area of 9,801 square feet (.225 acre) and lot 2A will be 12,023 square feet (.276 acre) in area. Both lots exceed the minimum lot area of 5,000 square feet for the R-2 Zone. The request fully complies with State Code Chapter 10-9a-608(2) that permits a subdivision plat to be amended by the Land Use Authority (Council) without a public hearing if: (a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (A) owned by the petitioner; or (B) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local Agenda Page 151 of 169 ordinance. (3) Each request to vacate or amend a plat that contains a request to vacate or amend a public street, right-of-way, or easement is also subject to Section 10-9a-609.5. (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4) (a) who consents to the petition. Issues Separation of the water and sewer service lines must be according to the building code as well as the requirements of the city. The attached diagram from the 2012 International Residential Code Commentary indicates how the sewer and water lines must be separated. Because of the possibility of contamination, the city is requiring that PEX (Cross -linked polyethylene) pipe be used for the water line so that connections will not be needed. The top of the water line will be required to be buried at a depth of 42 inches to resist freezing and sewer line must be located according to the diagram. An inspection of the installation will be conducted to assure compliance with these requirements. Options: Council may: 1. Approve the property line adjustment as submitted; 2. Approve the property line adjustment with the recommended conditions; 3. Table the petition if additional information is needed. Staff Recommendation: Staff recommends that Resolution #12-2015 be adopted to conditionally approve the application for Lots 1A and 2A, Block 5 of the Evans Subdivision because it satisfies the requirements of Utah State Code and the Moab Municipal Code. Recommended Motion: I move to adopt Resolution #12-2015 with the listed conditions to approve the relocation of the property line as requested by Mike Harris. Attachment(s): Copies of: Proposed plat Signed Petition to Vacate, Alter, or Amend a Subdivision Plat Aerial Resolution #12-2015 2012 International Residential Code page 29-51 p:\planning department \2014\correspondence\p1-14-055 lot 28 bla.docx Agenda Page 152 of 169 RESOLUTION #12-2015 A RESOLUTION CONDITIONALLY APPROVING A BOUNDARY LINE ADJUSTMENT BETWEEN LOTS 1 AND 2, BLOCK 5 OF THE EVANS SUBDIVISION (286/288 WEST 400 NORTH) AS SUBMITTED BY MICHAEL HARRIS WHEREAS, Michael Harris, 4081 Sunny Dale Lane, Moab, Utah 84532, as the "Owner" of a parcel of land consisting of .501 acre (21,824 Square feet) and known as Lots 1 and 2 of Block 5 of the Evans Subdivision, has applied for a boundary line adjustment to create two attached single family residents ("Twin Homes"); and WHEREAS, the Owner submitted to the City of Moab the appropriate application and documents for review and approval of the proposed relocation of the lot line; and WHEREAS, the Lot 1A will consist of 9,801 square feet (.225 ac) and Lot 2A will consist of 12,023 square feet (.276 acre); and WHEREAS, the proposed lot sizes exceed the dimensional requirements for the R-2 Zone as established in Moab Municipal Code Chapter 17.48.030 WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on March 24, 2015, reviewed the proposal for compliance with the Moab Municipal Code and State Code Chapter 10- 9a-608(2) that allows an amendment of a subdivision plat without a public hearing if: (a) the petition seeks to: i. join two or more of the petitioner fee owner's contiguous lots; ii. subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; iii. adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; iv. on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the owner..."; and WHEREAS, the application does not include a request to vacate or amend a public street, right-of-way, or easement; and, WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical aspects of the pertinent code sections, Council hereby finds, that the requirements of Utah State Code and the Moab Municipal Code have been met. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL THAT, the application for the Boundary Line Adjustment between Lots 1 and 2, Block 5 of the Evans Subdivision is hereby approved with the following conditions: 1. PEX pipe shall be used for the installation of the water supply line; 2. The sewer and water shall be separated in compliance with Figure P2905.4.2(1), Separation of Water Service and Building Sewer, page 29.51 of the 2012 International Residential Code Commentary. ADOPTED AND APPROVED by action of the Moab City Council in open session this 24th day of March, 2015. ATTEST: Agenda Page 153 of 169 Rachel Stenta Moab City Recorder is\agenda draft documents \03-24-2015\aBz\harris bla\#12-2015 halts twin harandocx Dave Sakrison Mayor Agenda Page 154 of 169 Agenda Li. J U i 2 co W r r JUANITA S SPENCER TRUST PARCEL No. NATHAN J. KEOGH O 1 -M EV-0047 5.01 WIDE UTILITY EASEMENT TRI-MAC SUBDIVISION LOT 5-A TRI-MAC SUBDIVISION LOT 4-A T ACCESS AN D UTILITY EASEMENT TRI-MAC SUBDIVISION LOT 3-A N ORTH 49.501 1249.771 A FINAL PLAT OF EVANS SUBDIVISION:LOTS 1 AND 2 AMENDED A RE-PLAT/BOUNDARY LINE ADJUSTMENT OF LOT 1 AND A PORTION OF LOT 2, BLOCK 5, EVANS SUBDIVION, WITHIN SECTION 36, T 25 S, R 21 E, SLB&M, MOAB CITY, GRAND COUNTY, UTAH ❑ 1 -M EV-004B DOROTHY ROSSIGNOL "SLIVER PIECE BETWEEN SCHOOL PROPERTY AND EVANS SUBDIVISION" WARRANTY DEED BOOK 442, PAGE 364 POST ADJUSTMENT BOUNDARY: THIS LINE RUNS DOWN THE CENTERLINE OF AN EXISTING COMMON WALL BETWEEN TWO INDIVIDUAL HOUSING UNITS PRE -ADJUSTMENT BOUNDARY BOARD OF EDUCATION OF THE GRAND COUNTY SCHOOL DISTRICT PARCEL NO. 0 1 -036-0036 EAST 1394.761 BASIS OF BEARINGS 400 N. STREET LEGEN D: iS FOUND SECTION CORNER FOUND CENTERLINE MONUMENT --- • SET CORNER - 5/BII REBAR WITH PLASTIC CAP Q FOUND PLASTIC CAP - KEOGH EXISTING LOT LINES LOT LINES —SECTION/CENTERLINE LINE EXISTING FENCE ACCESS AND UTILITY EASEMENT FOUND S 1 /4 CORNER OF SEC 36, T25S, R21 E, SLB&M /V— -4 t'7 O 1 to SCALE: 1 11=301 LOCATED IN THE SW 1 /4 OF SEC 36, T25S, R21 E, SLB&M . VICINITY MAP N O SCALE H W1 MAYOR: ATTEST: SURVEYOR'S CERTIFICATE: I, JAMES D TAYLOR, DO HEREBY CERTIFY THAT I AM A UTAH PROFESSIONAL LAND SURVEYOR AND THAT I HOLD LICENSE No.:7845950 AS PRESCRIBED BY THE LAWS OF THE STATE OF UTAH, AND I FURTHER CERTIFY THAT UNDER AUTHORITY OF THE OWNERS, 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, HEREAFTER TO BE KNOWN AS EVANS SUBDIVISION AMENDED LOTS 1 AND 2, AND THAT THE SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE GROUND AS SHOWN ON THIS PLAT. BOUNDARY DESCRIPTION DESCRIPTION OF LOT 1 , BLOCK 5, EVANS SUBDIVISION AND THAT PART OF LOT 2, BLOCK 5, EVANS SUBDIVISION DESCRIBED IN BOOK 805 PAGE 489 OF GRAND COUNTY RECORDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2 OF EVANS SUBDIVISION, AS RECORDED WITH THE GRAND COUNTY RECORDERS OFFICE, WHICH BEARS WEST 1249.77 FEET AND NORTH 49.50 FEET FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 25 SOUTH, RANGE 21 EAST, SALT LAKE BASE AND MERIDIAN, THENCE NORTH ALONG THE WEST LINE OF SAID LOT 2, 220.00 FEET, THENCE EAST 5B.70 FEET TO THE EAST LINE OF SAID LOT 2, THENCE S20°1 7HE ALONG SAID EAST LINE 234.54 FEET TO THE SOUTH LINE OF SAID EVANS SUBDIVISION, THENCE WEST ALONG SAID SOUTH LINE 140.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.502 ACRES MORE OR LESS. BASIS OF BEARINGS IS THE LINE BETWEEN THE CENTERLINE MONUMENT AT THE INTERSECTION OF 400N STREET AND CLIFFVIEW DRIVE AND THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 36 TAKEN FROM RECORDED DOCUMENTS AT GRAND COUNTY TO BEAR EAST. AMES D TAYLR LICENSE NO. 7845950 OWNER'S DEDICATION: KNOWN ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNER(S) OF THE ABOVE DESCRIBED TRACT OF LAND, HAVING CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS AND STREETS HEREAFTER TO BE KNOWN AS THE EVANS SUBDINL..atON:LOTS 1 AND AMEN'DED DO HEREBY DEDICATE FOR -ERPE AL U ALL PARCELS OF LAND SHO ON T P FOR PUBLIC SE. E OF THE PUBLIC AT AS INTENDED IN WITNESS WHE' O WE HAVE HE UNTO SET OUR HAND THIS DAY OF OWNER DATE OWNER DATE ACKNOWLEDGEMENT: STATE OF COUNTY OF ON THE DAY OF , PERSONALLY APPEARED BEFORE ME , WHO DULY ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. MY COMMISSION EXPIRES: NOTARY PUBLIC RESIDING IN P.O. Box 2 1 8 80 EAST CENTER ST. MoAB, UTAH 84532 PH (435)259-81 71 CITY COUNCIL APPROVAL: DAVE SAKRISON RACHEL STENTA DATE DATE KEOGH ROSENBERG LAND SURVEYING ENGINEERING CIVIL • STRUCTURAL COUNTY RECORDER NO.: STATE OF UTAH, CO. OF GRAND. RECORDED AT THE REgUEST OF : DATE: RECORDER: TIME: BOOK: PAGE: FEE: JOHN ALLEN CORTEZ J Page 155 of 169 Fee - $100.00 plus $225.00 per amended lot or unit'? 160 ea Receipt No. i y i 363 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) Applicant. M/k-e. ii.R/17$ Phone. Rs-1 4'761/glee) 2�1r1 Mailing Address. ltP9SI '-iriontl Zel-Ki E-mail. 17LL6redo Le.4941 Size of Properties: . a 7lv ccd_ Location of Affected Properties: 011(0, -ZSis <-0 ziODAJ A short narrative describing the reason for the amendment is required and is part of a complete application. Failure to submit a narrative will delay review of the application. This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: i. Join two or more of the petitioner fee owner's contiguous lots; ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels joins in the petition, regardless of whether the lots or parcels are located in the same subdivision; iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. RECEIVED FEB 2 4 2015 any OF MOM Page 156 of 169 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT OWNERS: /6 3,&/!/r ,ie State of County of On the ,-9 day of r44149/14- - Date page 2 personally appeared before me "n1(' 4 a elf hizt rrI S rasp of owner(s)) 41. rasp duly acknowledged to me that they executed the same. EVE C. BRANNAN Notary Public State of Utah My Commission Expires on: July 21, MS Comm. Number. 610047 My Co mis ion Expires: v,.. ti/ - W/S OWNERS: Notary Public Residing in Date Date State of ) County of ) On the day of , personally appeared before me (name of owner(s)) , who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in Page 157 of 169 Harris Michael Reed Trustee Harris Brenda R Trustee Harris Family Trust 4081 Sunnydale Lane Moab UT, 84532 Contact Person: Nick Smith, Real Estate Company of Moab 432-260-2390 February 24t, 2015 RE: Lot Line Adjustment/Subdivision Plat Amendment To Whom it May Concern; The applicant wishes to amend the attached subdivision plat by way of a lot line adjustment for these purposes: 1)To better suit the existing structure. Currently there is a Duplex that straddles two lots which are both owned by the applicant. The current lot line intercepts the structure in such a way that is adverse to the function of the property. 2) The Applicant wishes to adjust the lot line so that it severs the structure at the partition wall. 3) The Applicant has been in contact with the the proper building and zoning officials regarding the subdivision of the property. The Applicant is currently taking necessary action to bring the building up to code so that it may be converted into a Town -Home and sold as separate parcels. Page 158 of 169 Legal Description Lot 1-A: Beginning at a point on the South line of Evans Subdivision, as recorded with the Grand County Recorder's Office, which bears 588°32'29"W 1219.77 feet and N1°20140"W 49.50 feet from the Southeast Corner of the Southwest Quarter of Section 36, Township 25 South, Range 21 East, Salt Lake Base and Meridian, thence N1°20'40"W parallel with the west line of lot 2 of said Evans Subdivision 96.74 feet, thence N68°20'52"E along a line that runs down a common wall between two units of an existing duplex 69.69 feet to the East Line of said Evans Subdivision, thence S21°38'23"E along said East line 128.68 feet to the South line of said Evans Subdivision, thence S88°32'29"W along said South line 110.00 feet to the point of beginning. Basis of Bearings is the line between the centerline monument at the intersection of 400N Street and Cliffview Drive and the Southeast corner of the Southwest Quarter of said Section 36 taken from Global Positioning Satellite observations to bear N88°32'29"E. Contains 0.225 Acres More or Less. Legal Description Lot 2-A: Beginning at the Southwest corner of Lot 2 of Evans Subdivision, as recorded with the Grand County Recorder's Office, which bears S88°32'29"W 1249.77 feet and N1°20140"W 49.50 feet from the Southeast Corner of the Southwest Quarter of Section 36, Township 25 South, Range 21 East, Salt Lake Base and Meridian, thence N1°20'40"W along the west line of said lot 2, 220.00 feet, thence N88°32'29"E 58.70 feet to the East line of said lot 2, thence S21°38'23"E along said East line 105.71 feet, thence 568°20'52"W along a line that runs down a common wall between two units of an existing duplex 69.69 feet, thence S1°20140"E parallel with said west line 96.74 feet to the South line of said Evans Subdivision, thence 588°32'29"W along said South line 30.00 feet to the point of beginning. Basis of Bearings is the line between the centerline monument at the intersection of 400N Street and Cliffview Drive and the Southeast corner of the Southwest Quarter of said Section 36 taken from Global Positioning Satellite observations to bear N88°32'29"E. Subject to a utility easement being a 5.00 foot wide strip of land along the west line of the above described property. Contains 0.276 Acres More or Less. Easement Description: Beginning at the Southwest corner of Lot 2 of Evans Subdivision, as recorded with the Grand County Recorder's Office, which bears S88°32129"W 1249.77 feet and N1°20'40"W 49.50 feet from the Southeast Corner of the Southwest Quarter of Section 36, Township 25 South, Range 21 East, Salt Lake Base and Meridian, thence N1°20'40"W along the west line of said lot 2, 85.70 feet, thence N68°20'52"E parallel with a line that runs down a common wall between two units of an existing duplex 31.99 feet, thence S1°20140"E parallel with said west line 96.74 feet to the South line of said Evans Subdivision, thence S88°32'29"W along said South line 30.00 feet to the point of beginning. Basis of Bearings is the line between the centerline monument at the intersection of 400N Street and Cliffview Drive and the Southeast corner of the Southwest Quarter of said Section 36 taken from "lobal Positioning Satellite observations to bear N88°32'29"E. ca c d of a Page 159 of 169 Contains 0.063 Acres More or Less. Thanks, Keogh Rosenberg Land Surveying al C d of a Page 160 of 169 Project: 286 W 400 N Moab UT 84532 Property Owner: Mike Harris RE: Narrative/ Scope of Work The proposed project is located at 286 W 400 N. The current structure is a Duplex that straddles two lots. The owner wishes to complete the necessary improvements so the property can be legally separated and sold as individual parcels. Per Moab City and Grand County building code the following improvements will need to be made: 1) The property needs a lot line adjustment. 2) The firewall needs to be increased to a 2hr rating which will require adding another layer of 5/8" sheet rock to both sides of the partition wall. Also sheet rock will be added to the underneath of the roof sheathing 4' either side of the partition wall. 3) The plumbing and electrical will need to be moved out of the partition wall and placed in a foux wall that will be build parallel to the existing partition wall which will act as a chase for the plumbing vents. 4) Once penetrated into the attic, the plumbing vents will moved so they penetrate the roof 4' either side of the partition wall 5) The gas line for the North property will be re-routed accordingly through easements to the south property as well as power for the unit. 6) There will be a new sewer and water tap put in place that the north unit will connect to by way of the utility easement. 7) CMU to be installed in crawl space where plumbing now penetrates the partition wall. Page 161 of 169 P2905.5 Water -distribution pipe. Water -distribution pip- ing within dwelling units shall conform to NSF 61 and shall conform to one of the standards listed in Table P2905.5. All hot -water -distribution pipe and tubing shall have a pressure rating of not less than 100 psi at 180°F (689 kPa at 82°C). :•This section refers to Table P2905.5 for approved piping material inside the building for both hot and cold water. The referenced table specifies materials that are suitable for water distribution piping. Hot water distribution piping must be rated at 100 psi (689 kPa) at 180°F (82°C) as opposed to 160 psi (1103 kPa) at 73°F (23°C), for water service piping. Note that all potable water piping and fittings must conform to NSF 61 so that all toxicity limitations imposed by that standard are met. TABLE P2905.5. See page 29-52. dr See the commentary to Section P2905.5. SEWER /\j/ CONSTRUCTED y OF MATERIALS /�\// LISTED IN TABLE \/ P3002.1(2) BUILDING SEWER IN SEPARATE TRENCH =~ SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. WATER SUPPLY AND DISTRIBUTION P2905.6 Fittings. Pipe fittings shall be approved for installa- tion with the piping material installed and shall comply with the applicable standards listed in Table P2905.6. All pipe fit- tings used in water supply systems shall also comply with NSF 61. ❖ Table 2905.6 can be used to determine the applica- ble standards for pipe fittings. In some cases, espe- cially with certain plastic pipe or tubing systems, the manufacturer will specify the type of fittings to be used. Where such proprietary conditions exist, they must be adhered to so as not to violate the conditions of the material listing. TABLE P2905.6. See page 29-52. ❖ This table specifies acceptable materials for pipe fit- tings along with the appropriate standards to which the fittings must comply. Each fitting is designed to be installed in a particular system with a given material or combination of materials. For example, drainage UNEXCAVATED OR COMPACTED COMMON EARTH SEPARATING TRENCHES %_ TRENCH f "\/ Ai2u /\ �� r 12 IN. MI ��.; ON SHELF f� WATER SERVICE IN SEPARATE TRENCH Figure P2905.4.2(1) SEPARATION OF WATER SERVICE AND BUILDING SEWER WATER SERVICE :••SI: 1 inch = 25.4 mm. MUST COMPLY WITH MINIMUM DEPTH FOR FREEZE PROTECTION /4,//\// //\/// �\ �\ ��\ BUILDING SEWER • 12 IN. MIN ABOVE SEWER OR BUILDING SEWER AT ANY DEPTH ABOVE OR BELOW SEWER IF SLEEVED IN ACCORDANCE WITH THE EXCEPTION TO SECTION P2904.4.2 Figure P2905.4.2(2) WATER SERVICE CROSSING OVER BUILDING SEWER Page 162 of 169 419TERNATIONAL RESIDENTIAL CODOCOMMENTARY WATER SERVICE 29-51 WATER SUPPLY AND DISTRIBUTION POLYVINYL CHLORIDE (PVC) PLASTIC PIPE: PVC water service pipe is a different material from PVC drainage pipe, although both materials are white. The pipe must be continuously marked with the manufacturer's name, ASTM standard and the grade of PVC material. A number of grades of PVC material are used to produce pipe. In accordance with the ASTM stan- dards, the compounds are identified as PVC 12454- B, 12454-C and 14333-D. The first digit indicates the base resin, with the following four digits identifying the impact strength, modulus of elasticity and deflection temperature. The letter suffix indicates the material's chemical resistance. The compounds were previously identified by type and grade: 12454-B was Type 1; 12454-C was Type 1, Grade 2; and 14333-D was Type 2, Grade 1. The marking on the pipe lists the material grade by the term "PVC," followed by four digits. The first two digits use the previous type and grade numbers to identify the compound. The last two digits indicate the hydrostatic design stress in hun- dreds of pounds per square inch. The hydrostatic design stress is not an indication of the pressure rat- ing of the pipe. ASTM D 1785 is the referenced standard for Schedule 40, 80 and 160 PVC plastic pipe. These dimensions are the same as Schedule 40, 80 and 160 steel pipe. ASTM D 2241 is the referenced stan- dard for SDR-PR PVC plastic pipe. SDRs of the pipe are 13.5,17, 21, 26, 32.5, 41 and 64. STAINLESS STEEL: Stainless steel is a family of iron -based alloys that must contain at least 10 per- cent or more chromium. The presence of chromium creates an invisible surface film that resists oxidation and makes the material corrosion resistant. The fact that stainless steel has a great resistance to corrosion means that it will have a very long life compared to mild steel. The benefits of stainless steel includes corrosion resistance, fire and heat resistance, hygiene (easy cleaning ability), aesthetic appear- ance, strength -to -weight advantage, ease of fabrica- tion, impact resistance and long-term value. Wrought-austenitic stainless steels combine a use- ful combination of outstanding corrosion and heat resistance with good mechanical properties over a wide temperature range. P2905.4.1 Dual check -valve -type backflow preventer. Where a dual check -valve backflow preventer is installed on the water supply system, it shall comply with ASSE 1024 or CSA B64.6. ❖ Some water purveyors/utilities require that the build- ing water distribution system be isolated from the public water main by means of dual check -valve backflow preventer. The code does not require this. P2905.4.2 Water service installation. Trenching, pipe installation and backfilling shall be in accordance with Sec- tion P2604. Water -service pipe is permitted to be located in ame trench with a building sewer provided such sewer is constructed of materials listed for underground use w- building in Section P3002.1. If the building sewer is n: - structed of materials listed in Section P3002.1, the water;,, - vice pipe shall be separated from the building sewer h‘ . -- less than 5 feet (1524 mm), measured horizontally, of u�- .- turbed or compacted earth or placed on a solid ledge nct.Smi than 12 inches (305 mm) above and to one side of the highe0 point in the sewer line. Exception: The required separation distance shall' apply where a water service pipe crosses a sewer r provided that the water service pipe is sleeved not w than 5 feet (1524 mm), horizontally from the sewer 77. centerline, on both sides of the crossing with pipe - als listed in Table P2905.4, P3002.1(1), P3002.1.2 P3002.2. ❖ The requirement for separation of water service fro — the building sewer is intended to reduce the posst:- ity of contaminating the potable water supply. Arre there is a leak in the building sewer, the soil becor contaminated around the water pipe. If the water se -- vice pipe has a subsequent failure, contamination the potable water supply can occur. The simply means of reducing the possibility of soils contamir ra- tion is installing the building sewer and water serves pipe in two separate trenches separated horizonta:.. by at least 5 feet (1524 mm) of undisturbed or cor-- pacted earth. This section permits the water sear to be located in the same trench, provided the bat- ing sewer is constructed of drain, waste and vent pip- ing in accordance with Table P3002.1(2). Where t% building sewer is not constructed of materials listed Table P3002.1(1), the water service must be sepa- rated from the building sewer by 5 feet (1524 mrr (measured horizontally) of unexcavated or corr�- pacted earth, or placed 12 inches (305 mm) (mea- sured vertically) above the highest point in ma building sewer [see Commentary Figures P2905.4.2(1) and P2905.4.2(2)]. The exception provides for the installation where the water service pipe crosses a sewer pipe. Some- times this is unavoidable, especially with existir; installations. The exception applies to crossings trot above and below the sewer. The water service m€ e: be sleeved to a point at least 5 feet (1524 mm) hor- zontally from the sewer pipe centerline, on both sides of the crossing. Simply stated, the water service must be run in a continuous conduit of piping listed in Table P2905.4, P3002.1(1), P3002.1(2) or P3002.2 for a total minimum distance of 10 feet (3048 mm) to shie't the potable water supply from any contaminated sce . The conduit/sleeve does not need to be sealed at the open ends because the water service is shielded fc- a distance of at least 5-feet (1524 mm) from bot- sides of the crossing, which accomplishes the same thing as a 5-foot (1524 mm) separation by undis- turbed or compacted earth. The contamination would have to migrate horizontally 5 feet (1524 mm) to threaten the water service. Page 163 of 169 2012 INTERNATIONAL RESIDENTIAL CODE®COMMENTARNr AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 24, 2015 Agenda Item #: 7-6 Title: Award of the Medical Broker Proposal Fiscal Impact: none — health carrier pays commission Staff Presenter(s): Rachel Stenta, Interim City Manager Department: Recorder Broker: Utah Local Governments Trust Background/Summary: Five years ago we requested proposals for Medical Broker Services and began a relationship with Wells Fargo Insurance. We had not utilized a broker previously and found it to be a great advantage for Human Resources and City Staff. A Medical Broker obtains health insurance bids, assists with legal compliance issues and claims management as well as employee education, enrollment and health incentives. A commission is built into health insurance premiums to pay for broker services. We requested proposals again for Medical Broker Services and received nine proposals in response, including from our current broker who we has provided excellent service for the past five years. We have evaluated the proposals and found them all to be very responsive. We are recommending approval of a relationship with Utah Local Governments Trust (ULGT) as our Medical Broker for a period of three years. The Trust's proposal was responsive. The Trust offers many services and resources for us as an employer as well as our employees. We have several products right now being serviced by the Trust and it has been a very beneficial relationship. The Trust is a non-profit government agency representing many municipalities and counties in Utah. Options: Approve, deny or table. Staff Recommendation: Staff recommends awarding the Medical Broker Services Proposal to Utah Local Governments Trust 1 Agenda Page 164 of 169 Recommended Motion: I move to Award the Medical Broker Services Proposal to Utah Local Governments Trust Attachment(s): RFP, Bid Tally Agenda Page 165 of 169 Moab City REQUEST FOR PROPOSALS FOR MEDICAL BROKER SERVICES February 9, 2015 INTENT Moab City is seeking proposals in search of medical broker services. The selected broker will be expected to place medical coverage on behalf of the city, along with support in connection with specific products (i.e. health, dental, vision and other ancillary coverage). The winning broker will also be expected to provide regular updates and education in reference to the Federal Healthcare Reform (Patient Protection and Affordable Care Act). Specific requirements for this Request for Proposals (RFP) are outlined below. QUALIFICATIONS Each submitting firm must have the appropriate licenses from the State Insurance Department, for both the firm and represented service personnel. Copies of said licenses should be included in the RFP response. Submitting firms must currently partner with, and should identify, at least 5 municipal or public sector accounts located within the State of Utah. DURATION The service period is anticipated to begin March 15, 2015 and will run for a minimum of three consecutive years. However, the City reserves the right to terminate the brokerage arrangement at any time during the three-year period if it determines brokerage services are lacking. SCOPE OF SERVICES ■ Provide the history of your firm, particularly your employee benefits division. ■ List the number of employees in your company. Generally outline their job categories (i.e. management, sales, technical, customer service, etc). ■ Introduce the individuals assigned to work directly with the city on administrative issues, questions, or problem solving. Provide the roles and qualifications of each person. Also, include the number of clients each person is expected to handle. ■ Describe the form of professional liability or errors and omissions insurance carried by your company and the amount of coverage ($5mm in E&O coverage is preferred). ■ Describe your consultant experience. Agenda R:\Bids\2015\Medical Broker RFP.docx Page 166 of 169 �% Describe your account services department. �% Explain your process for ensuring customer satisfaction. �% Detail the turnover rate of the employees that perform the bulk of the problem solving and administration within your organization. �% Describe the type of training (industry, internal, other) your staff receives. �% Provide a list of relevant training your entity provides its clients. �% Detail how you facilitate annual open enrollment meetings. STRATEGIC PLANNING �% Explain how you will help us with competitive bidding, identification of market conditions, evaluation of proposals, negotiations, and placement of insurance contracts for annual renewals. �% Furnish a list of insurance companies, third party administrators, and other providers for which the consultant is an authorized agent or broker. �% Describe your firm's available cost containment strategies (HSA, HRA, Flex etc). �% Express your firm's use of benchmarking data, and discuss how you can help us develop cost projections tied to our fiscal goals. PLAN ADMINISTRATION / HR TOOLS �% Provide the name and credentials of your firm's benefits attorney. If you use an external benefits attorney, please provide the name of the firm and number of years they have provided counsel on benefits issues. �% Describe how you keep your clients abreast of employment laws in a timely manner, including the resources provided to help clients remain compliant. �% List and describe any internet-based employee communication tools. �% Address any other facets of your organization relevant to this proposal, which have not been requested, and that you feel warrant consideration. CONSULTANT FEE EXPLANATION Outline your proposed form of compensation (i.e. commission, annual retainer, fee -for - service, flat fee). All commissions and/or other fees must be detailed explicitly in the RFP for consideration. If you charge fees for consulting and employee communication, please indicate the basis of your charges (hourly, by project, etc.) and what typical charges might be. REFERENCES Provide 5 public sector references including name, email, phone and length of time associated with your organization. Indicate your firm's role in connection with each reference. Agenda R:\Bids\2015\Medical Broker RFP.docx Page 167 of 169 QUESTIONS / SUBMISSION Any reasonable request for additional information will be provided to all proposing firms. The deadline for such requests is February 17, 2015. Questions or requests for information may be directed to: Rachel E. Stenta City Recorder/Assistant City Manager City of Moab 217 East Center Street Moab, Utah 84532 Proposals must be submitted by 4:00 p.m. on or before February 27, 2015 to: Rachel E. Stenta City Recorder/Assistant City Manager City of Moab 217 East Center Street Moab, Utah 84532 Agenda R:\Bids\2015\Medical Broker RFP.docx Page 168 of 169 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MEDICAL BROKER RFP 3/2/15 3:30pm Name Amount rRECf leAt ANIAela -01 fIIGT \nGT 15E1.IEFrl's SOLUTIONS 6[i,5 feNefrrs1 INC . OS I u4sue Iu 6FPl►c,C-4 UTAH LOCAL elowia .1MMTS `TleDST kALLAtiVieizSalsF115 SgINIGeSIMG. HUS INTMlA7logAL Ivloia--fot.l A GDMpAN1l Present at Bid Opening: &OrnmaV 60111(1M1 Lat /2015 Page 169 of 169 City of Moab Recorder's Office