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PKT-CC-2018-04-10
CITY OF MOAB Moab City Council April lo, 2018 Pre -Council Workshop 6: oo P.M. REGULAR COUNCIL MEETING 7: oo P.M. Moab City Council Chambers City Center (aid East Center Street) Page 1 of 338 Page 2 of 338 CITY OF M OA B UTAH City Council Regular Council Meeting City Council Chambers Tuesday, April 10, 2018 at 6:00 p.m. 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org 6:00 p.m. PRE -COUNCIL WORKSHOP • Discussion Regarding Proposed Fiscal Year 2018-2019 Annual Budget 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 March 13, 2018 1-2 March 20, 2018 SECTION 2: MAYOR AND COUNCIL REPORTS SECTION 3: ADMINISTRATIVE REPORTS SECTION 4: PRESENTATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for April 2018 for Grand County Middle School 4-2 Mayoral Proclamation of April 2018 as VISTA Appreciation Month in Moab SECTION 5: CITIZENS TO BE HEARD SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Farmer's Market to be held at Swanny City Park on each Friday from May to October 2018 6-1-1 Approval of Special Event Application 6-1-2 Approval of Special Use of Swanny City Park 6-1-3 Consideration and Possible Approval of Fee Waiver Request in an amount not to exceed $7,850 6-2 Moab Free Concert Series to be held at Swanny City Park during the Farmer's Market on each Friday on July 6,13, 20 and 27, 2018 6-2-1 Approval of Special Event Application Page 3 of 338 6-2-2 Approval of Special Use of Swanny City Park 6-2-3 Approval of Class IV Special Event Beer License 6-2-4 Granting of Local Consent for a Single Event Alcohol Permit 6-2-5 Consideration and Possible Approval of Fee Waiver Request in an amount not to exceed $2,110 6-3 Moab Arts Festival to be held at Swanny City Park on May 26 and 27, 2018 6-3-1 Approval of Special Event Application 6-3-2 Approval of Special Use of Swanny City Park 6-3-3 Approval of Class IV Special Event Beer License 6-3-4 Granting of Local Consent for a Single Event Alcohol Permit 6-4 Vision Relay, formerly Rockwell Relay to be held at Swanny City Park from June 7 to 8, 2018 6-4-1 Approval of Special Event Application 6-4-2 Approval of Special Use of Swanny City Park 6-5 Granting of Local Consent for a Hotel Liquor License for Hyatt Place Moab, Located at 890 North Main Street 6-6 Granting of Local Consent for a Bar Liquor License for Zax Woodfired Pizza, Located at 96 South Main Street 6-7 Approval of a Private Property Vendor License for Nick Oldroyd, d.b.a. Twisted Jeeps to conduct a display apparatus, located at 446 South Main Street for a term of April 15, 2018 to April 14, 2019 6-8 Approval of a Private Property Vendor License for Lauren Flores, d.b.a. All Good Superfresh, located at 56 West 100 South for a term of May 1 to October 31, 2018 6-9 Approval of a Performance Permit Application for Fiery Furnace Marching Band to Conduct Performances at Various Locations to coincide with Moab ArtWalk, Moab Farmer's Market and other community event SECTION 7: OLD BUSINESS 7-1 Discusson and Possible Approval of Proposed Ordinance #2018-04—An Ordinance Amending and Repealing Certain Provisions in Title 2 of the Moab Municipal Code Pertaining to Elected Officers, Appointment of Officials, the Planning Commission, Certain Advisory Boards and Records Request Fees 7-2 Review and Possible Approval of Proposed Resolution #17-2018 — A Resolution Requesting the Utah Division of Water Rights to Limit New Allocaions within Spanish Valley SECTION 8: NEW BUSINESS 8-1 Confirmation of Mayoral Appointments to the Planning Commission 8-2 Moab Arts and Recreation Center Update Page 4 of 338 8-3 Award and Approval of Contract for the Moab Bridge and Trails Project to Double E Construction in an amount not to exceed $333,952.50 8-4 Approval of Easement Documents for the City of Moab Bridge and Trails Project 8-5 Discussion and Possible Approval of Proposed Ordinance #2018-08—An Ordinance Amending Chapter 13.25 of the Moab Municipal Code with New Amounts for the Sewer Impact Fee 8-6 Discussion and Possible Approval of Proposed Ordinance #2018-07 — An Ordinance to Amend Moab Municipal Code Section 13.25.020 Applicability, Time of Payment and Exemptions to Specify that Impact Fees for Sewer and Water Shall be Collected at the Issuance of Building Permits 8-7 Briefing and Possible Action on Proposed Ordinance #2018-09 — An Ordinance amending certain provisions in Title 12.8.60 relating to a fee in lieu of actual construction of required improvements under certain conditions SECTION 9: CONSENT AGENDA 9-1 Approval of Proposed Resolution #21-2018 — A Resolution Approving a Boundary Line Adjustment for Lots 51 and 52 of the Bowen Plat, Nichols - Bowen Subdivision as Submitted by Buster J. Nelson 9-2 Award of the 2018 Water Meters Bid to Meterworks Incorporated in an Amount not to Exceed $70,000 SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: EXECUTIVE CLOSED SESSION 11-1 An Executive Session to Discuss Pending or Reasonably Imminent Litigation SECTION 12: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 5 of 338 Moab City Council Agenda Item Meeting Date: April io, 2018 #: Workshop Title: Fiscal Year 2o18-2o19 Budget Recommendation Discussion Date Submitted: April 3, 2018 Presenters: David Everitt Attachment(s): • Introductory memo • Administrative recommendation spreadsheets Suggested Motion: n/a Background/Summary: As required by Moab City Code 3.28.2o, the fiscal year 2018-2019 ("FY19") recommended budget is submitted to you for your consideration. The attached memo contains highlights from the recommendation. Also attached is a printout of the working spreadsheets we will use over the next two months to finalize the budget with your changes. Page 6 of 338 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 CITY OF M To: Moab City Council From: David Everitt Re: Fiscal Year 2018-2019 Budget B UTAH Mayor: Emily S. Niehaus Council: Tawny Knuteson-Boyd Rani Derasary Mike Duncan Karen Guzman -Newton Kalen Jones March 28, 2o18 As required by Moab City Code 3.28.2o, I submit the fiscal year 2018-2019 ("FY19") recommended budget for your consideration. Below are highlights from the recommendation, followed by a printout (Attachment A) of the working spreadsheets we will use going forward. You may access this document at https://goo.gl/R2DCyJ in the Team Drives folder. Overall, the City budget is in good condition. The recommended budget for the General Fund grows about 3.5%, yet maintains a robust fund balance and a very low debt -to - revenue ratio. Furthermore, the structural imbalance between one-time and ongoing revenues in relation to expenses shrinks. The bulk of new revenue comes from an anticipated 7.9% increase in sales and use taxes. (See Attachments B and C.) The Recreation Fund increases by 1.85%, which includes a subsidy from the General Fund in the amount of $1 million — a 5.26% increase compared to the current fiscal year. The Capital Projects Fund decreases this year by about 1/3, due in part to transferring a number of expense items to the Class C Road Fund and to the fact that a number of projects that have carried over from year to year have been started or completed in this fiscal year. The Class C Fund's ongoing revenue grows by nearly a third due to increased revenue from the Class C Tax and the new Transportation Tax. The three enterprise funds all show net operating revenue, but both the Sewer and Culinary Water Funds will require additional financing to pay for larger capital projects. The Storm Water Utility Fund continues to accrue in anticipation of the need to pay for the Stewart Canyon drainage improvements in 2o19.On the expense side, transitioning from the old to the new water reclamation facility will result in an increase in the facility's utility bills, a reduction in maintenance costs, and short-term increases for training and overtime. Also, a recent analysis by the City's auditor identified the need to increase the overhead payments by all enterprise funds to the General Fund so as to provide a more accurate accounting of costs associated with their administration. The major changes proposed fall into three broad categories: staffing, organizational efficiency, and financing capital projects in the enterprise funds. The proposed staff changes are: • One additional Culinary Water staff member to bring that crew to four plus the superintendent (see Attachment D); • One additional police officer; Page 7 of 338 " O n e a d d i t i o n a l p o l i c e a d m i n i s t r a t i v e s u p p o r t p o s i t i o n ; " C r e a t e a v i c t i m ' s a d v o c a t e p o s i t i o n ( w i t h s u p p o r t i n g g r a n t f u n d i n g a n t i c i p a t e d ) " C r e a t e a n e w b i l l i n g c l e r k p o s i t i o n i n t h e T r e a s u r e r ' s O f f i c e a n d r e a l i g n c u r r e n t p o s i t i o n s t o a d d a F i n a n c e M a n a g e r ; " A d d a s h a r e d a d m i n i s t r a t i v e s u p p o r t p o s i t i o n f o r P l a n n i n g a n d E n g i n e e r i n g ; " A d d a b u i l d i n g i n s p e c t o r a n d p e r m i t t e c h n i c i a n a t t h e m i d - y e a r m a r k ; a n d " R e c o n f i g u r e t h e v a c a n t p o s i t i o n s w i t h i n t h e A d m i n d e p a r t m e n t f o r s u c c e s s i o n p l a n n i n g p u r p o s e s . T h e p r o p o s e d s t r u c t u r a l c h a n g e s w i l l : " C r e a t e a n a d m i n i s t r a t i v e d i v i s i o n w i t h i n P u b l i c W o r k s ; " A l l o c a t e e x p e n s e s h i s t o r i c a l l y a s s o c i a t e d w i t h S t r e e t s t o t h e C l a s s C f u n d a s a p p l i c a b l e ; " B r i n g b u i l d i n g i n s p e c t i o n s e r v i c e s i n - h o u s e ( t w o n e w p o s i t i o n s , n e t s a v i n g s o f $ 3 5 , 0 0 0 ) ; a n d " D i s p e r s e t h e s a f e t y b u d g e t a m o n g t h e d e p a r t m e n t s a n d r e v i s e h o w t r a i n i n g s a n d e q u i p m e n t a r e a d m i n i s t e r e d . T h e r e c o m m e n d e d a p p r o a c h t o f u n d i n g l a r g e r c a p i t a l p r o j e c t s i n t h e e n t e r p r i s e f u n d s i s t w o f o l d : " F i r s t , a u t h o r i z e a n i n t e r n a l l o a n t o t h e C u l i n a r y W a t e r F u n d f o r $ 4 0 0 , 0 0 0 e i t h e r f r o m t h e S e w e r F u n d , t h e G e n e r a l F u n d , o r t h e C a p i t a l P r o j e c t s F u n d i n o r d e r t o p a y f o r t h e i n i t i a l p h a s e o f M i l l c r e e k D r . u p g r a d e s a n d o t h e r m a j o r p r o j e c t n e e d s ; " T h e r e s u l t i n g d e b t s e r v i c e w o u l d b e f l e x i b l e , d e p e n d i n g o n t h e t e r m s e s t a b l i s h e d b y t h e C o u n c i l . " P u r s u e e x t e r n a l f i n a n c i n g f o r t h r e e m a j o r s e w e r l i n e p r o j e c t s ( n o r t h t r u n k l i n e , i o o W e s t , a n d t h e W R F o u t f a l l r e p l a c e m e n t ) , t o t a l i n g $ 4 . 5 m i l l i o n . " D e b t s e r v i c e w o u l d b e a r o u n d $ 1 5 o , 0 0 0 - $ 1 7 5 , 0 0 0 a n n u a l l y . T h i s r e c o m m e n d e d b u d g e t a d d r e s s e s t h e C o u n c i l ' s p r i o r i t i e s r e g a r d i n g a f f o r d a b l e h o u s i n g , c u l i n a r y w a t e r s o u r c e p r o t e c t i o n , a n d t h e p l a n n i n g d e p a r t m e n t , a m o n g o t h e r s , w i t h a d d i t i o n a l f u n d i n g a n d s t a f f r e s o u r c i n g . I l o o k f o r w a r d t o w o r k i n g w i t h y o u t o r e f i n e t h e b u d g e t f o r y o u r a p p r o v a l i n t h e c o m i n g m o n t h s . P a g e 8 o f 3 3 8 GF Revenue General Fund Revenue FY 18 Budget FY 19 Admin Recommendation Budgeted Revenue: $12,109,730 $12,536,485 M Budgeted Expense: Budget Totals: Revenue: $12,109,730 $12,536,485 $0 $0 Taxes 31300 SALES & USE TAXES $2,065,877 $2,222,733 31400 FRANCHISE TAXES $106,842 $133,459 31500 HIGHWAY TAXES $825,523 $881,169 31600 TRANSIENT ROOM TAXES $1,356,600 $1,422,094 31700 RESORT COMMUNITY TAXES $4,175,534 $4,556,738 31800 ENERGY TAXES $173,759 $173,544 38722 ANIMAL SHELTER SALES TAX $0 $0 Total Taxes $8,704,135 $9,389,737 Licenses and permits 32110 BEER LICENSES $10,000 $10,000 32160 FLAT BUSINESS LICENSES $65,000 $65,000 32209 SIGN PERMITS $1,200 $1,200 32210 BUILDING PERMITS - CITY $107,000 $107,000 32211 BUILDING PERMITS - COMMERCIAL $97,000 $97,000 32212 1% BLDG PERMIT CHARGE $950 $950 32213 PLAN CHECK FEES $12,000 $15,000 32290 OTHER LICENSES & PERMITS $100 $500 36450 - SIDEWALK PERMITS $0 $0 Total Licenses and permits $293,250 $296,650 Intergovernmental revenue 36972 HOMELAND SECURITY GRANT $0 $0 36973 MISC STATE GRANTS $5,000 $5,000 36974 SAN JUAN CO. CONTRIBUTION $5,000 $5,000 37100 GRAND COUNTY CONTRIBUTION $78,591 $78,591 Total Intergovernmental revenue $88,591 $88,591 Charges for services 34001 SPECIAL SERVICES BY CITY DEPTS $15,000 $15,000 34005 POLICE SERVICES/SHIFTS $0 $0 34020 RESTITUTION PAID $0 $0 34200 GARBAGE BILLING / COLLECTION $80,000 $80,000 34430 REFUSE COLLECTION CHARGES $940,000 $975,000 34510 FILM COMM - SPECIAL EVENT FEES $500 $0 36500 - SALE OF MATERIALS & SUPPLIES $0 $0 Total Charges for services $1,035,500 $1,070,000 Fines and forfeitures 3/27/2018 Page 9 of 338 1 GF Revenue General Fund Revenue 35010 FINES, FORFEITURES & PENALTIES FY 18 Budget $70,000 FY 19 Admin Recommendation $5,000 35050 A/R 30-DAY PENALTIES $10,000 $10,000 37200 FORFEITURES $3,000 $3,000 Total Fines and forfeitures $83,000 $18,000 Public Safety 33580 Public Safety - STATE LIQUOR FUND ALLOTMENT $28,000 $28,000 34730 Public Safety - ANIMAL SHELTER FEES $8,500 $8,500 34740 Public Safety - ANIMAL SHELTER INTERLOCAL $14,500 $14,500 38260 Public Safety - ANIMAL DEPOSITS NON -OPERATING $1,500 $1,500 38721 Public Safety - ANIMAL SHELTER - SUNDRY RESALE $0 $0 38722 Public Safety - ANIMAL SHELTER SALES TAX $0 $0 35001 Public Safety - SECURITY SERVICES $0 35002 Public Safety - SPECIAL EVENT SERVICES $10,000 35003 Public Safety - RECORDS FEES $0 35004 Public Safety - WITNESS FEES $0 35005 Public Safety - MISC STATE GRANTS $0 35006 Public Safety - DONATIONS $0 35007 Public Safety - EVIDENCE/LOST & FOUND CASH $0 35010 Public Safety - FINES & PENALTIES $50,000 Total Public Safety $52,500 $112,500 Interest 36110 INTEREST INCOME $50,000 $40,000 36111 INTEREST PTIF $0 $13,000 Total Interest $50,000 $53,000 Miscellaneous revenue 36160 PROCEEDS FROM LT DEBT $0 $0 36200 PARK RENTALS $11,000 $12,000 36220 FILM COMM - SPONSOR/DONATION $8,500 $8,500 36226 FILM COM. - EQUIP RENTAL FEES $500 $500 36400 SALE OF REAL/PERS. PROPERTY $2,000 $5,000 36401 INSURANCE REBATE $10,000 $13, 000 36420 EMPLOYEE MEDICAL CAFE RESIDUAL $0 $0 36900 OTHER $100 $100 36901 DONATIONS $0 $0 36902 REBATES $500 $5,000 36903 - STUDENT OF THE MONTH DONATIONS $0 $900 36940 REAL ESTATE TRANSFER ASSESSMNT $0 $0 36950 Unrealized gain/loss on bonds $0 $0 36970 INSURANCE INCOME $12,022 $14,000 36975 SAFETY GRANT $2,500 $0 Total Miscellaneous revenue $47,122 $59,000 3/27/2018 Page 10 of 338 2 GF Revenue General Fund Revenue FY 18 Budget FY 19 Admin Recommendation Contributions and transfers 39920 - OVERHEAD PAID FROM STORM WATER FUND $45,000 $67,419 39930 - OVERHEAD PAID FROM SEWER FUND $192,073 $303,386 39935 - OVERHEAD PAID FROM CUL WATER FUND $177,073 $326,665 39940 - GENERAL FUND BEG. BALANCE $512,181 $721,537 39945 - CARRYOVER TRANSFER FROM BEG FB $713,458 39950 - TRANSFER FROM OTHER FUNDS $115,847 $30,000 Total Contributions and transfers $1,755,632 $1,449,007 Total Revenue: $12,109,730 $12,536,485 $0 3/27/2018 Page 11 of 338 3 GF Expenses FY 18 Budget FY 19 Requests FY 19 Admin Recommendation Transfers Transfers and contributions out 48061 TRANS. TO CAPITAL PROD. FUND $0 48071 TRANSFER TO MILLCREEK FUND $450,000 $250,000 48086 CONTRIBUTION - RECREATION FUND $953,984 $1,004,198 48090 TRANSFER TO STORM WATER UTIL $0 48097 TRANSFER TO CAPITAL PROJECTS $0 $196,457 48098 CONTRIBUTION TO COMM DEV FUND $0 Total Transfers and contributions out $1,403,984 $0 $1,450,655 Police Department Police - Admin 42110 Police SALARIES & WAGES $1,206,508 $1,429,321 $1,333,764 42111 Police MOVIE\SECURITY WAGES $0 $0 $0 42113 Police EMPLOYEE BENEFITS $960,957 $1,161,734 $999,423 42114 Police OTHER BENEFITS- U/ALLOWANCES $17,280 $20,640 $18,720 42115 Police OVERTIME $58,710 $59,336 $45,000 42115.1- Police OVERTIME - Movie $0 $0 $0 42115.2 - Police OVERTIME - Narcotics $0 $0 $0 42115.3 - Police OVERTIME - Special Events $0 $0 $0 42116 Police UNEMPLOYMENT $0 $0 $0 42118 Police OFFICER EQUIP/PAYROLL DEDUCT $0 $0 $0 42121 Police SUBSCRIPTIONS & MEMBERSHIPS $14,284 $15,999 $12,000 42123 Police TRAVEL\FOOD $25,937 $27,462 $27,462 42124 Police OFFICE EXPENSE & SUPPLIES $7,054 $6,380 $6,380 42125 Police EQUIPMENT-SUPPL. & MAINTENANCE $61,223 $67,433 $65,000 42126 Police BLDG/GRDS-SUPPL. & MAINTENANCE $10,000 $10,000 42128 Police TELEPHONE $15,273 $28,233 $25,000 42129 Police RENT OF PROPERTY OR EQUIPMENT $6,504 $6,504 $6,504 42130 Police MONTHLY FUEL - GASCARD $74,052 $78,408 $70,000 42131 Police PROFESSIONAL & TECH. SERVICES $5,984 $6,336 $6,336 42133 Police EDUCATION $27,660 $27,660 $27,660 42135 Police SHIPPING\FREIGHT $0 $0 $0 42136 Police DISPATCH SERVICES $75,000 $75,985 $75,985 42137 Police DRUG ENFORCEMENT $0 $0 42146 Police SPECIAL DEPARTMENTAL SUPPLIES $82,722 $73,454 $49,345 42169 Police Lease payments $0 $0 42172 Police SPECIAL EVENTS $0 $0 42173 Police D.A.R.E. - EQUIP. & SUPPLIES $2,000 $2,000 $0 42174 Police MACHINERY & EQUIPMENT $0 $124,672 $0 421810 LEASE PRINCIPAL $0 $0 421820 LEASE INTEREST $0 $0 Total Police - Admin $2,651,148 $3,221,557 $2,768,579 Police - Narcotics Task Force 42310 Narcotics SALARIES & WAGES $0 $0 $0 42313 Narcotics EMPLOYEE BENEFITS $0 $0 $0 42314 Narcotics OTHER BENEFITS- U/ALLOWANCES $0 $0 $0 42315 Narcotics OVERTIME $0 $0 $0 42321 Narcotics SUBSCRIPTIONS/MEMBERSHIPS $0 $0 $0 42323 Narcotics TRAVEL $0 $0 $0 3/27/2018 Page 12 of 338 1 GF Expenses FY 18 Budget FY 19 Requests FY 19 Admin Recommendation 42324 Narcotics OFFICE SUPPLIES $0 $0 $0 42325 Narcotics EQUIP/SUPPLIES & MAINTENANCE $0 $0 $0 42328 Narcotics TELEPHONE $0 $0 $0 42330 Narcotics MONTHLY FUEL - GASCARD $0 $0 $0 42331 Narcotics PROFESSIONAL/TECHNICAL SERVICE $0 $0 $0 42333 Narcotics EDUCATION $0 $0 $0 42335 Narcotics SHIPPING\FREIGHT $0 $0 $0 42346 Narcotics SPECIAL DEPARTMENTAL SUPPLIES $0 $0 $0 42369 Narcotics LEASE PAYMENT $0 $0 $0 42370 Narcotics FORFEITURES $0 $0 $0 42374 Narcotics MACHINERY & EQUIPMENT $0 $0 $0 Total Police - Narcotics Task Force $0 $0 $0 Police - Beer Tax Funds Eligible Expenses 42510 Beer Tax SALARIES & WAGES $0 $0 $0 42513 Beer Tax EMPLOYEE BENEFITS $0 $0 $0 42531 Beer Tax PROFESSIONAL & TECH. SERVICES $0 $0 $0 42546 Beer Tax SPECIAL DEPARTMENTAL SUPPLIES $0 $0 $0 42574 Beer Tax EQUIPMENT $27,209 $27,209 $27,209 Total Police - Beer Tax Funds Eligible Expenses $27,209 $27,209 $27,209 Police - Animal control admin 42610 Animal Ctl SALARIES & WAGES $137,749 $153,185 $153,185 42611- Animal Ctl SUPERVISOR PAY $0 $0 $0 42613 Animal Ctl EMPLOYEE BENEFITS $84,923 $105,496 $105,496 42614 Animal Ctl OTHER BENEFIT - U/ALLOWANCES $2,880 $2,880 $2,880 42615 Animal Ctl OVERTIME $9,500 $11,500 $11,500 42621 Animal Ctl SUBSCRIPTIONS & MEMBERSHIPS $660 $660 $660 42623 Animal Ctl TRAVEL\FOOD $1,770 $1,770 $1,770 42624 Animal Ctl OFFICE EXPENSE & SUPPLIES $2,000 $4,000 $2,000 42625 Animal Ctl EQUIPMENT-SUPPL. & MAINTENANCE $15,700 $15,700 $15,700 42627 - Animal Ctl UTILITIES $0 $0 $12,000 42628 Animal Ctl TELEPHONE $5,820 $5,820 $4,000 42630 Animal Ctl MONTHLY FUEL - GASCARD $7,000 $7,000 $5,000 42631 Animal Ctl PROFESSIONAL & TECH. SERVICES $1,000 $2,000 $2,000 42633 Animal Ctl EDUCATION $1,600 $3,200 $1,600 42635 Animal Ctl SHIPPING\FREIGHT $1,500 $1,500 $500 42646 Animal Ctl SPECIAL DEPARTMENTAL SUPPLIES $7,673 $8,534 $2,912 42650 - Animal Ctl GRANT EXPENSES $39,450 $0 42669 Animal Ctl Lease payments $0 $0 42674 Animal Ctl MACHINERY & EQUIPMENT $0 $19,804 Total Police - Animal control admin $319,225 $343,049 $321,203 Police - Animal Shelter 42710 Animal Shltr SALARIES & WAGES $0 $0 $0 42713 Animal Shltr EMPLOYEE BENEFITS $0 $0 $0 42714 Animal Shltr OTHER BENEFITS- U/ALLOWANCES $0 $0 $0 42715 Animal Shltr OVERTIME $0 $0 $0 42722 Animal Shltr PUBLIC NOTICES $0 $0 $0 42724 Animal Shltr OFFICE EXPENSE & SUPPLIES $0 $0 $0 42725 Animal Shltr EQUIP/SUPPLIES & MAINTENANCE $0 $0 $0 42726 Animal Shltr BLDG/GRDS-SUPPLIES & MAINT. $0 $0 $0 3/27/2018 Page 13 of 338 2 GF Expenses 42727 Animal Shltr UTILITIES 42728 Animal Shltr TELEPHONE 42730 Animal Shltr MONTHLY FUEL - GASCARD 42731 Animal Shltr PROFESSIONAL/TECHNICAL SERVICE 42733 Animal Shltr EDUCATION 42735 Animal Shltr SHIPPING\FREIGHT 42746 Animal Shltr SPECIAL DEPARTMENTAL SUPPLIES 42769 Animal Shltr Lease payments 42774 Animal Shltr MACHINERY & EQUIPMENT Total Police - Animal Shelter FY 18 Budget FY 19 Requests FY 19 Admin Recommendation $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Police $2,997,582 $3,591,815 $3,116,991 Public Works Department PW Admin 44510 - PW Admin 44513 - PW Admin 44515 - PW Admin 44521- PW Admin 44522 - PW Admin 44523 - PW Admin 44524 - PW Admin 44525 - PW Admin 44526 - PW Admin 44527 - PW Admin 44528 - PW Admin 44529 - PW Admin 44530 - PW Admin 44531 - PW Admin 44533 - PW Admin 44535 - PW Admin 44546 - PW Admin 44574 - PW Admin Total PW Admin SALARIES & WAGES EMPLOYEE BENEFITS OVERTIME SUBSCRIPTIONS & MEMBERSHIPS PUBLIC NOTICES TRAVEL OFFICE EXPENSE & SUPPLIES EQUIPMENT-SUPPL. & MAINTENANCE BLDG/GRDS-SUPPL. & MAINTENANCE UTILITIES TELEPHONE RENT OF PROPERTY OR EQUIPMENT MONTHLY FUEL - GASCARD PROFESSIONAL & TECH. SERVICES EDUCATION OTHER SPECIAL DEPARTMENTAL SUPPLIES MACHINERY & EQUIPMENT Streets 44010 Streets SALARIES & WAGES 44011- Streets SUPERVISOR PAY 44013 Streets EMPLOYEE BENEFITS 44015 Streets OVERTIME 44016 Streets UNEMPLOYMENT 44021 Streets SUBSCRIPTIONS & MEMBERSHIPS 44022 Streets PUBLIC NOTICES 44023 Streets TRAVEL 44024 Streets OFFICE EXPENSE & SUPPLIES 44025 Streets EQUIPMENT-SUPPL. & MAINTENANCE 44026 Streets BLDG/GRDS-SUPPL. & MAINTENANCE 44027 Streets UTILITIES 44028 Streets TELEPHONE 44029 Streets RENT OF PROPERTY OR EQUIPMENT $59,057 $148,588 $148,588 $34,588 $92,123 $92,123 $0 $0 $0 $300 $200 $200 $0 $0 $0 $0 $1,100 $1,100 $1,000 $3,400 $2,500 $0 $0 $0 $0 $0 $0 $0 $10,624 $10,624 $500 $1,820 $1,820 $0 $3,200 $3,200 $300 $3,000 $600 $0 $1,000 $1,000 $500 $500 $500 $0 $1,000 $1,000 $500 $0 $11,400 $0 $36,000 $0 $96,745 $302,555 $274,655 $339,905 $264,604 $264,604 $0 $0 $0 $226,034 $210,956 $210,956 $4,500 $6,500 $6,500 $0 $0 $0 $1,510 $1,310 $1,310 $0 $0 $5,200 $5,600 $5,000 $6,100 $750 $750 $5,000 $5,000 $3,350 $6,600 $5,100 $0 $17,274 $7,650 $0 $2,500 $4,460 $4,460 $3,800 $600 $0 3/27/2018 Page 14 of 338 3 GF Expenses 44030 Streets MONTHLY FUEL - GASCARD 44031 Streets PROFESSIONAL & TECH. SERVICES 44033 Streets EDUCATION 44035 Streets SHIPPING\FREIGHT 44042 Streets STREET LIGHTS 44046 Streets SPECIAL DEPARTMENTAL SUPPLIES 44069 Streets Lease payments 44074 Streets MACHINERY & EQUIPMENT 44077 Street SPECIAL PROJECTS 440810 Street LEASE PRINCIPAL 440820 Streets LEASE INTEREST Total Public Works Streets Facilities 44310 Facilities SALARIES & WAGES 44311- Facilities SUPERVISOR PAY 44313 Facilities EMPLOYEE BENEFITS 44315 Facilities OVERTIME 44321 Facilities SUBSCRIPTIONS & MEMBERSHIPS 44323 Facilities TRAVEL 44324 Facilities OFFICE EXPENSE & SUPPLIES 44325 Facilities EQUIP SUPPLIES & MAINT 44326 Facilities BLDG/GRDS-SUPPL & MAINT 44326.1 Facilities - CITY CENTER 44326.2 Facilities - MARC 44326.3 Facilities - CENTER STREET GYM 44327 Facilities UTILITIES 44328 Facilities TELEPHONE 44329 Facilities RENT OF PROPERTY OR EQUIPMENT 44330 Facilities MONTHLY FUEL 44331 Facilities PROFESSIONAL & TECHNICAL 44333 Facilities EDUCATION 44335 Facilities OTHER 44346 Facilities SPECIAL DEPARTMENTAL SUPPLIES 44374 Facilities MACHINERY & EQUIPMENT 44377 Facilities SPECIAL PROJECTS Total Facilities Safety 44110 Safety SALARIES & WAGES 44113 Safety BENEFITS 44115 Safety OVERTIME 44121 Safety SUBSCRIPTIONS & MEMBERSHIPS 44123 Safety TRAVEL 44125 Safety EQUIP/SUPPLIES & MAINTENANCE 44128 Safety TELEPHONE 44130 Safety MONTHLY FUEL 44131 Safety PROFESSIONAL & TECH. SERVICES 44133 Safety EDUCATION 44135 Safety SHIPPING\FREIGHT 44146 Safety SPECIAL DEPARTMENTAL SUPPLIES 44174 Safety MACHINERY & EQUIPMENT FY 18 Budget $19, 700 $6,500 $3,500 $500 $99,500 $6,400 $0 $7,000 $9,888 $0 $0 $771,411 $227,935 $0 $164, 789 $1, 500 $350 $1,000 $1,800 $6,300 $39,500 $0 $0 $9,000 $0 $ 2,160 $1,000 $5,000 $26,500 $1,000 $200 $7,800 $2,500 $0 $498,334 $45,490 $39,299 $2,000 $1,775 $1,960 $2,205 $600 $5,000 $1, 500 $4,590 $600 $21,765 $1, 700 FY 19 Requests $37,280 $7,500 $ 5, 200 $500 $99,500 $8,500 $0 $199,257 $19,388 $0 $0 $889,655 $242,872 $0 $181, 502 $1, 500 $350 $1, 200 $1, 500 $6,300 $59,500 $0 $0 $0 $0 $3,300 $1,000 $5,000 $39,400 $1,000 $200 $11, 300 $122,000 $117,000 $794,924 $0 $0 $0 $2,775 $1, 960 $4,205 $480 $5,000 $1, 500 $5,590 $4,100 $20,765 $60,000 FY 19 Admin Recommendation $0 $7,500 $5,200 $500 $99,500 $3,365 $0 $0 $0 $0 $0 $612,995 $242,872 $0 $181, 502 $1, 500 $350 $1, 200 $1, 500 $6,300 $39,500 $0 $0 $0 $0 $3,300 $1,000 $3,000 $25,000 $1,000 $500 $13, 300 $15,000 $536,824 $0 $0 $0 $200 $0 $0 $0 $0 $0 $4,635 $0 $0 $0 3/27/2018 Page 15 of 338 4 GF Expenses 44175 Safety SAFETY EQUIPMENT Total Safety Fleet 44410 Vehicle Maintenance SALARIES & WAGES 44411- Vehicle Maintenance SUPERVISOR PAY 44413 Vehicle Maintenance - EMPLOYEE BENEFITS 44415 Vehicle Maintenance OVERTIME 44421 Vehicle Maintenance SUB & MEMBER 44423 Vehicle Maintenance TRAVEL 44424 Vehicle Maintenance OFFICE EXP 44425 Vehicle Maintenance EQUIP/SUPPL & MAINT 44426 - Fleet BLDG/GRDS-SUPPL & MAINT 44428 Vehicle Maintenance TELEPHONE 44429 Vehicle Maintenance RENT OF EQUIP 44430 Vehicle Maintenance MONTHLY FUEL 44431 Vehicle Maintenance PROF & TECH SVC 44433 Vehicle Maintenance EDUCATION 44435 Vehicle Maintenance OTHER 44446 Vehicle Maintenance SPECIAL DEPT SUPPLIES Total Vehicle Maintenance Sanitation 44231 Sanitation PROFESSIONAL & TECH. SERVICES Total Sanitation Parks Parks 0&M 45110 Parks 0&M SALARIES & WAGES 45111 - Parks 0&M SUPERVISOR PAY 45113 Parks 0&M EMPLOYEE BENEFITS 45115 Parks 0&M OVERTIME 45121 Parks 0&M SUBSCRIPTIONS & MEMBERSHIPS 45123 Parks O&M TRAVEL 45124 Parks 0&M OFFICE EXPENSE & SUPPLIES 45125 Parks 0&M EQUIPMENT-SUPPL. & MAINTENANCE 45126 Parks 0&M BLDG/GRDS-SUPPL. & MAINTENANCE 45127 Parks O&M UTILITIES 45127.1 - Solar Purchases 45128 Parks 0&M TELEPHONE 45129 Parks 0&M RENTALS 45130 Parks 0&M MONTHLY FUEL - GASCARD 45131 Parks 0&M PROFESSIONAL & TECH. SERVICES 45133 Parks 0&M EDUCATION 45135 Parks 0&M SHIPPING/FREIGHT 45146 Parks 0&M SPECIAL DEPARTMENTAL SUPPLIES 45168 Parks O&M TRAIL MAINTENANCE 45169 Parks 0&M Lease payments 45173 Parks 0&M PARK IMPROVEMENTS 45174 Parks 0&M MACHINERY & EQUIPMENT Subtotal Parks O&M FY 18 Budget $625 $129,109 $107,068 $0 $76,485 $2,000 $2,500 $ 2, 700 $0 $55,000 $0 $1,000 $500 $5,000 $3,500 $1, 500 $400 $13, 200 $270,853 $975,000 $975,000 FY 19 Requests $2,625 $109,000 $112, 802 $0 $82,146 $2,000 $2,440 $4,000 $0 $60,500 $500 $1,320 $500 $2,500 $4,000 $1, 300 $400 $14, 500 $288,908 $0 $0 FY 19 Admin Recommendation $0 $4,835 $112,802 $0 $82,146 $1,000 $2,200 $ 2, 700 $0 $57,750 $500 $1,320 $500 $2,500 $4,000 $1, 300 $400 $13,860 $282,978 $975,000 $975,000 $322,472 $333,485 $333,485 $0 $0 $0 $236,241 $248,420 $248,420 $4,000 $4,200 $4,200 $750 $1,860 $1,020 $1,500 $4,150 $4,150 $0 $0 $0 $3,000 $3,000 $3,000 $21,600 $20,100 $20,100 $58,000 $58,950 $58,950 $0 $0 $0 $6,660 $6,600 $6,600 $750 $750 $750 $20,000 $20,000 $20,000 $4,250 $7,750 $7,750 $3,000 $3,050 $3,050 $750 $750 $500 $17,900 $17,500 $17,500 $0 $0 $0 $0 $0 $0 $3,500 $3,950 $3,950 $0 $33,804 $0 $704,373 $768,319 $733,425 3/27/2018 Page 16 of 338 5 GF Expenses FY 18 Budget FY 19 Requests FY 19 Admin Recommendation Parks MGMT 45010 Parks MGMT SALARIES & WAGES $0 $0 $0 45011- Parks MGMT SUPERVISOR PAY $0 $0 45013 Parks MGMT EMPLOYEE BENEFITS $0 $0 $0 45015 Parks MGMT OVERTIME $0 $0 $0 45021 Parks MGMT SUBSCRIPTIONS & MEMBERSHIPS $0 $0 $0 45023 Parks MGMT TRAVEL $0 $0 $0 45024 Parks MGMT OFFICE EXPENSE & SUPPLIES $0 $0 $0 45031 Parks MGMT PROFESSIONAL & TECH $0 $0 $0 Subtotal Parks MGMT $0 $0 $0 Total Parks $704,373 $768,319 $733,425 Total Public Works Department $3,445,825 $3,153,361 $3,420,712 Planning and Development Department Community Services 45310 Community Services SALARIES & WAGES $0 $0 $0 45313 Community Services EMPLOYEE BENEFITS $0 $0 $0 45321 Community Services SUB & MEMBERSHIPS $0 $0 $0 45322 Community Services PUBLIC NOTICES $0 $0 $0 45323 Community Services TRAVEL $0 $0 $0 45324 Community Services OFFICE EXPENSE & SUPPLIES $0 $0 $0 45328 Community Services TELEPHONE $0 $0 $0 45330 Community Services MONTHLY FUEL $0 $0 $0 45331 Community Services PROF & TECHNICAL SERVICES $0 $0 $0 45333 Community Services EDUCATION $0 $0 $0 Total Community Services $0 $0 $0 Planning 41810 Planning SALARIES & WAGES $200,018 $353,198 $353,198 41813 Planning EMPLOYEE BENEFITS $125,555 $224,096 $224,096 41815 Planning OVERTIME $0 $3,000 $3,000 41821 Planning SUBSCRIPTIONS & MEMBERSHIPS $3,710 $5,895 $5,895 41822 Planning PUBLIC NOTICES $1,200 $1,500 $300 41823 Planning TRAVEL $6,200 $7,200 $4,000 41824 Planning OFFICE EXPENSE & SUPPLIES $4,400 $6,050 $4,600 41825 Planning EQUIPMENT-SUPPL. & MAINTENANCE $500 $600 $500 41828 Planning TELEPHONE $0 $1,010 $1,010 41829 Planning RENTAL $3,159 $0 $3,200 41830 Planning MONTHLY FUEL - GASCARD $400 $900 $350 41831 Planning PROFESSIONAL & TECH. SERVICES $120,000 $158,300 $66,500 41833 Planning EDUCATION $3,000 $6,000 $3,000 41835 Planning SHIPPING/FREIGHT $400 $400 $400 41846 Planning SPECIAL DEPARTMENTAL SUPPLIES $2,102 $3,204 $1,704 41874 Planning MACHINERY & EQUIPMENT $0 $17,059 $0 Total Planning $470,644 $788,412 $671,753 Inspections 42410 SALARIES & WAGES 42413 EMPLOYEE BENEFITS $47,500 $26,125 3/27/2018 Page 17 of 338 6 GF Expenses 42431 Inspection PROFESSIONAL & TECH. SERVICES 42475 Inspection SPECIAL PROJECTS Total Inspections Total Planning and Development Department FY 18 Budget FY 19 Requests $125,000 _ - $159,545 $70,000 $0 $195,000 $159,545 immiiiimmdpww Engineering 41910 Engineer SALARIES & WAGES 41913 Engineer BENEFITS 41915 Engineer OVERTIME 41921 Engineer SUBSCRIPTIONS & MEMBERSHIPS 41922 Engineer PUBLIC NOTICES 41923 Engineer TRAVEL 41924 Engineer OFFICE EXPENSE & SUPPLIES 41925 Engineer EQUIP/SUPPLIES & MAINTENANCE 41928 Engineer TELEPHONE 41930 Engineer MONTHLY FUEL - GASCARD 41931 Engineer PROFESSIONAL & TECH. SERVICES 41931.1 Engineer PLAN REVIEW SERVICES 41933 Engineer EDUCATION 41935 Engineer SHIPPING\FREIGHT 41946 Engineer SPECIAL DEPTARTMENTAL SUPPLIES 41974 Engineer MACHINERY & EQUIPMENT Total Engineering Treasurer 42010 Treasurer SALARIES & WAGES 42013 Treasurer EMPLOYEE BENEFITS 42015 Treasurer OVERTIME 42021 Treasurer SUBSCRIPTIONS & MEMBERSHIPS 42023 Treasurer TRAVEL 42024 Treasurer OFFICE EXPENSE & SUPPLIES 42025 Treasurer EQUIPMENT SUPPL. & MAINTENANCE 42028 Treasurer TELEPHONE 42031 Treasurer PROFESSIONAL & TECH. SERVICES 42033 Treasurer EDUCATION 42035 Treasurer SHIPPING\FREIGHT 42036 Treasurer BANK HANDLING CHARGES 42046 Treasurer SPECIAL DEPARTMENTAL SUPPLIES 42051 Treasurer INSURANCE 42063 Treasurer CASH OVER & SHORT 42074 Treasurer MACHINERY & EQUIPMENT otal Treasurer Recorder Recorder - Admin 41510 Recorder SALARIES & WAGES 41513 Recorder EMPLOYEE BENEFITS 41515 Recorder OVERTIME 41521 Recorder SUBSCRIPTIONS/MEMBERSHIPS 41522 Recorder PUBLIC NOTICES 41523 Recorder TRAVEL\FOOD $302,744 $158,707 $400 $6,035 $0 $4,700 $ 6, 600 $0 $1,800 $1,000 $18,000 $40,000 $7,000 $200 $4,000 $0 $551,186 $126,596 $82,276 $250 $500 $1, 500 $12, 500 $200 $0 $7,000 $1,000 $200 $26,250 $ 2, 700 $1,750 $0 _ - $312,844 _ $163,575 $3,000 $7,850 $0 $2,400 $2,400 $5,000 $1,800 $1, 200 $30,000 $25,000 $3,000 $200 $11,000 $6,000 $575,269 $117,736 $500 $750 $2,000 $250 $0 $7,100 $1,000 $0 $30,000 $ 2, 700 $1,750 $0 $0 $2,500 166,286 $336,979 $181,182 $3,000 $5,122 $4,000 $6,100 _ $401,593 $203,551 $1,000 $7,930 $4,000 $6,950 FY 19 Admin Recommendation $12,295 $85,920 $757,673 $312,844 $163,575 $1,000 $7,850 $0 $2,400 $2,400 $1,000 $1,800 $1, 200 $25,000 $20,000 $3,000 $200 $11,000 $0 $553,269 $184,459 $117, 736 $500 $750 $2,000 $12, 500 $200 $0 $7,100 $1,000 $0 $30,000 $ 2, 700 $1,750 $0 $360,695 $401,593 $203,551 $1,000 $7,930 $4,000 $6,100 3/27/2018 Page 18 of 338 7 GF Expenses 41524 Recorder OFFICE EXPENSE & SUPPLIES 41525 Recorder EQUIP./SUPPLIES & MAINTENANCE 41528 Recorder TELEPHONE 41531 Recorder PROFESSIONAL & TECH. SERVICES 41533 Recorder EDUCATION 41535 Recorder SHIPPING\FREIGHT 41546 Recorder SPECIAL DEPARTMENTAL SUPPLIES 41550 Recorder COPIER SUPPLIES 41574 Recorder MACHINERY & EQUIPMENT 415810 LEASE PRINCIPAL 415820 LEASE INTEREST Total Recorder - Admin Recorder -Information Technology 43010 Info Tech SALARIES & WAGES 43013 Info Tech EMPLOYEE BENEFITS 43024 Info Tech OFFICE EXPENSE & SUPPLIES 43031 Info Tech PROF & TECH SERVICES 43031.1 Info Tech WEBSITE 43031.2 Info Tech GOOGLE FOR GOVERNMENT 43031.3 Info Tech SECURITY APPLIANCE 43031.4 Info Tech WIFI - ACCESS LICENSES 43031.5 Info Tech ANTIVIRUS 43046 Info Tech SPECIAL DEPT SUPPLIES 43074 Info Tech MACHINERY & EQUIPMENT Total Recorder - Information Technology Recorder - Elections 41722 Election PUBLIC NOTICES 41723 Election TRAVEL 41729 Election RENTAL - VOTING POLLS/PAGER 41731 Election PROFESSIONAL/TECH - PRIMARY 41732 Election PROFESSIONAL/TECH - GENERAL 41733 Election EDUCATION - INITIATIVE 41734 Election EDUCATION - PRIMARY/GENERAL 41735 Election PRINTING EXPENSES 41736 Election ELECTION DINNERS - PRIMARY 41737 Election ELECTION DINNERS - GENERAL 41746 Election SPECIAL DEPT'L - PRIMARY 41747 Election SPECIAL DEPT'L - GENERAL 41774 Election MACHINERY & EQUIPMENT Total Recorder - Elections Total Recorder Central Administration General - admin 41610 General SALARIES & WAGES 41611 General SALARY DIFFERENTIAL (SURVEY) 41613 General EMPLOYEE BENEFITS 41621 General SUBSCRIPTIONS & MEMBERSHIPS 41622 General PUBLIC NOTICES FY 18 Budget $5,000 $0 $1,332 $35,802 $10,150 $1,272 $2,500 $12,986 $0 $0 $0 $605,425 $0 $0 $4,000 $119,440 $6,000 $11,880 $3,000 $2,000 $5,580 $0 $21,520 $173,420 $3,000 $500 $0 $4,080 $4,080 $0 $500 $3,000 $0 $0 $0 $0 $0 $15,160 $794,005 FY 19 Requests $6,500 $0 $1, 349 $65,920 $11, 500 $1,272 $1, 500 $14,986 $0 $0 $0 $728,051 $0 $0 $3,500 $118,060 $10,166 $13, 800 $ 2,100 $1, 500 $ 5, 700 $0 $98,500 $253,326 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $981,377 FY 19 Admin Recommendation $5,300 $0 $1, 349 $56,000 $10,150 $750 $1, 500 $12,000 $0 $0 $0 $711,223 $2,500 $118,060 $10,166 $13,800 $ 2,100 $1, 500 $5,700 $0 $5,000 $158,826 $0 $870,049 3/27/2018 Page 19 of 338 8 GF Expenses 41623 General TRAVEL/FOOD 41624 General OFFICE EXPENSE & SUPPLIES 41625 General EQUIP./SUPPLIES & MAINTENANCE 41626 General BLDG/GRDS- SUPPL & MAINTENANCE 41627 General UTILITIES 41628 General TELEPHONE/INTERNET 41629 General RENT OF PROPERTY OR EQUIPMENT 41630 General MONTHLY FUEL - GASCARD 41631 General PROFESSIONAL & TECHNICAL 41635 General SHIPPING/FREIGHT 41646 General SPECIAL DEPARTMENTAL SUPPLIES 41651 General INSURANCE 41674 General MACHINERY & EQUIPMENT Total General - admin Attorney 42231 Attorney PROFESSIONAL & TECH. SERVICES 42231.1 Attorney PUBLIC DEFENDER 42231.2 Attorney PROSECUTION SERVICES Total General - Attorney Council and Mayor 41310 Exec SALARIES & WAGES 41313 Exec EMPLOYEE BENEFITS 41321 Exec SUBSCRIPTIONS & MEMBERSHIPS 41322 - Exec PUBLIC NOTICES 41323 Exec TRAVEL\FOOD 41324 Exec OFFICE EXPENSE & SUPPLIES 41325 Exec EQUIP/SUPPLIES & MAINTENANCE 41326 - Exec BLDG/GRDS- SUPPL & MAINTENANCE 41328 Exec TELEPHONE 41330 - Exec MONTHLY FUEL - GASCARD 41331 Exec PROFESSIONAL/TECHNICAL SERVICE 41333 Exec EDUCATION 41335 - Exec OTHER 41346 Exec SPECIAL DEPARTMENTAL SUPPLIES 41374 Exec MACHINERY & EQUIPMENT Total Council and Mayor Administrative - admin 41410 Admin SALARIES & WAGES 41413 Admin EMPLOYEE BENEFITS 41415 Admin OVERTIME 41416 Admin UNEMPLOYMENT 41417 Admin EMPLOYEE BONUS PROGRAM 41421 Admin SUBSCRIPTIONS & MEMBERSHIPS 41422 Admin PUBLIC NOTICES 41423 Admin TRAVEL\FOOD 41424 Admin OFFICE EXPENSE & SUPPLIES 41425 Admin EQUIP/SUPPLIES & MAINTENANCE 41428 Admin TELEPHONE 41430 Admin MONTHLY FUEL - GASCARD FY 18 Budget FY 19 Requests FY 19 Admin Recommendation $0 $0 $0 $0 $40,000 $38,735 $0 $1, 300 $0 $0 $0 $139,000 $0 $219,035 $145,000 $24,000 $36,000 $205,000 $54,300 $25,488 $6,200 $0 $10,000 $800 $500 $0 $0 $0 $20,000 $5,000 $0 $2,000 $0 $124,288 $514,694 $290,281 $500 $0 $6,000 $1,905 $22,000 $8,700 $10,250 $1,500 $1, 200 $0 $40,000 $40,000 $250 $139,000 $219,250 $145,000 $145,000 $24,000 $24,000 $36,000 $36,000 $205,000 $205,000 $55,313 $55,313 $7,505 $7,505 $7,500 $9,000 $250 $0 $11,600 $9,000 $2,100 $1,000 $0 $1,000 $1,000 $0 $2,900 $500 $500 $0 $0 $20,000 $0 $3,000 $600 $0 $2,400 $500 $0 $91,668 $106,818 $625,717 $568,997 $339,617 $295,517 $1,000 $2,000 $0 $0 $11,100 $1,500 $2,500 $6,000 $42,000 $8,000 $20,000 $12,260 $3,250 $1,500 $1,000 $700 $2,500 $0 3/27/2018 Page 20 of 338 9 GF Expenses 41431 Admin PROFESSIONAL/TECH. SERVICE 41433 Admin EDUCATION 41435 Admin SHIPPING\FREIGHT 41446 Admin SPECIAL DEPARTMENTAL SUPPLIES 41474 Admin MACHINERY & EQUIPMENT 41475 Admin GRANT EXPENSES Total Administrative - admin Film Commission 42810 - Film 42813 - Film 42815 - Film 42821 - Film 42822 - Film 42823 - Film 42824 - Film 42825 - Film 42828 - Film 42829 - Film 42830 - Film 42831- Film 42833 - Film 42835 - Film 42846 - Film 42874 - Film 42875 - Film 42876 - Film Comm SALARIES & WAGES Comm EMPLOYEE BENEFITS Comm OVERTIME Comm SUBSCRIPTIONS & MEMBERSHIPS Comm ADVERTISING/MARKETING Comm TRAVEL Comm OFFICE EXPENSE & SUPPLIES Comm EQUIP./SUPPLIES & MAINTENANCE Comm TELEPHONE Comm RENTAL Comm MONTHLY FUEL - GASCARD Comm PROFESSIONAL & TECH. SERVICES Comm EDUCATION Comm OTHER Comm SPECIAL DEPARTMENTAL SUPPLIES Comm MACHINERY & EQUIPMENT Comm SPECIAL PROJECTS Comm GRANT EXPENSES Total Film Commission Community Contributions 46005 - Com 46024 - Com 46026 - Com 46027 - Com 46030 - Com 46075 - Com 46076 - Com Contrib - MOAB INFORMATION CENTER Contrib - RECYCLING SERVICES Contrib - ARTS PROMOTION Contrib - AFFORDABLE HOUSING Contrib - COMMUNITIES THAT CARE Contrib - SHELTER SERVICES Contrib LOCAL FIRST 46077 - Com Contrib - MAYORS GRANTS 46077.1 - Com Contrib - MAYORS STUDENT OF THE MONTH 46082 - Com Contrib - SOUTHEASTERN ASSO. OF GOV. 46084 - Com Contrib - GRAND COUNTY/4TH JULY FIREWORK Total Community Contributions FY 18 Budget $342,000 $7,000 $1,950 $0 $6,000 $500 $1,214,480 FY 19 Requests $137,000 $5,000 $1,950 $8,000 $2,000 $500 $1,150,744 $82,000 $92,632 $38,182 $31,377 $2,000 $2,000 $5,000 $5,447 $7,657 $6,250 $8,840 $17,695 $2,000 $2,000 $500 $500 $800 $800 $0 $0 $400 $500 $5,000 $5,000 $1,500 $1,500 $350 $400 $1,500 $1,500 $2,000 $2,000 $6,250 $8,700 $0 $0 $163,979 $178,301 $10,000 $0 $7,000 $0 $10,000 $7,500 $10,000 $10,000 $0 $2,500 $5,000 $62,000 Total Central Administration $1,988,782 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,625,713 FY 19 Admin Recommendation $140,000 $3,000 $2,200 $5,000 $0 $0 $1,099,064 $92,632 $31,377 $2,000 $4,500 $6,250 $12,000 $500 $500 $800 $0 $400 $3,000 $1,000 $350 $500 $0 $8,000 $0 $163,809 $10,000 $0 $10,000 $150,000 $10,000 $7,500 $10,000 $10,000 $0 $0 $5,000 $212,500 $2,006,441 Total Operating Expenses $12,109,730 $11,041,778 $12,536,485 Total Operating Revenue $12,109,730 $12,536,485 Difference $0 $0 3/27/2018 Page 21 of 338 10 Recreation Recreation Budget FY 18 Budget FY 19 Requests FY 19 Admin Recommendation Recreation Fund Intergovernmental 33561 - GRAND COUNTY - RSSD $100,000 $0 $100,000 33563 - SCHOOL DISTRICT $25,000 $0 $15,000 Total Intergovernmental $125,000 $0 $115,000 Interest 36100 - INTEREST INCOME $0 $0 $0 Total Interest $0 $0 $0 Miscellaneous 36231 - PREP PROGRAM GRANT $0 $0 36560 - OTHER INCOME $2,560 $0 $2,500 36570 - GRANTS AND DONATIONS $0 $0 36571 - CTC GRANT $0 $0 36757 - SAFE PASSAGE GRANT $0 $0 Total Miscellaneous $2,560 $0 $2,500 Contributions & Transfers 33562 - CITY OF MOAB $953,984 $0 39535 - RECREATION FUND BEG. BALANCE $105,025 $0 39536 - BEG FUND BAL MARC SETASIDE $0 $0 39537 - LOAN FROM GENERAL FUND $0 $0 39540 - TRANSFER FROM AFTER SCHOOL $0 $0 Total Contributions & Transfers $1,059,009 $0 $1, 004,198 $117,950 $1,122,148 Expenses - Administration 64010 - Recreation SALARIES - DIRECTOR/ASST. $200,903 $215,282 $202,802 64011 - Recreation SALARY DIFFERENTIAL (SURVEY) $0 $0 64013 - Recreation EMPLOYEE BENEFITS $131,801 $123,143 $122,019 64015 - Recreation OVERTIME $200 $500 $500 64016 - Recreation UNEMPLOYMENT $0 $0 64021 - Recreation SUBSCRIPTIONS & MEMBERSHIPS $1,000 $1,000 $1,000 64022 - Recreation ADVERTISING $4,750 $3,500 $2,500 64023 - Recreation TRAVEL $3,900 $0 $1,000 64024 - Recreation OFFICE EXPENSE & SUPPLIES $1,000 $2,000 $1,000 64025 - Recreation - EQUIP SUPPLIES & MAINT $500 $500 $500 64027 - Recreation - UTILITIES $0 $0 $0 64028 - Recreation TELEPHONE $2,500 $2,400 $2,400 64030 - Recreation MONTHLY FUEL - GASCARD $270 $305 $300 64031 - Recreation PROFESSIONAL & TECHNICAL $3,500 $3,500 $3,500 64033 - Recreation EDUCATION $1,650 $6,550 $3,000 64035 - Recreation OTHER $500 $200 $200 64036 - Recreation DIRECTOR - TRAVEL $1,800 $1,000 $0 64037 - Recreation DIRECTOR/EDUCATION $850 $1,000 $0 64046 - Recreation SPECIAL DEPARTMENTAL SUPPLIES $500 $6,500 $750 3/27/2018 Page 22 of 338 1 Recreation Recreation Budget 64065 - Recreation FINGER -PRINTING 66046 - SPECIAL PROJECTS/EQUIPMENT Total Admin Aquatic Center Revenue 34711 - MRAC - FITNESS ADMISSIONS 34712 - MRAC - FITNESS MEMBERSHIPS 34713 - MRAC - CITY EMPLOYEES 34714 - MRAC - SILVER SNEAKERS MEMBERSHIPS 34715 - MRAC - SWIM TEAM 34716 - MRAC - AQUATIC SPORTS 34717 - MRAC - SHOWERS 34718 - MRAC - CASH OVER/SHORT 34719 - MRAC - EMPLOYEE WELLNESS DISCOUNT 34720 - MRAC - ADMISSIONS/AQUATIC 34721 - MRAC - ADMISSIONS/AQUAT & FITNESS 34722 - MRAC - RETAIL 34723 - MRAC - PROGRAM FEES/ AQUATIC 34723.1 - MRAC PRIVATE SWIM LESSONS 34724 - MRAC - PROGRAM FEES/FITNESS 34725 - MRAC - CHILD CARE FEES 34726 - MRAC - MEMBERSHIPS/AQUATIC 34727 - MRAC - MEMBERSHIPS/AQUAT & FITNESS 34728 - MRAC - RENTAL FEES 34729 - MRAC - SPECIAL EVENT FEES Total Revenue Expense 45208 - MRAC MAINTENANCE SALARIES 45209 - MRAC LIFEGUARD SALARIES 45210 - MRAC SALARIES & WAGES 45211 - MRAC AQUATIC PROGRAM SALARIES 45212 - MRAC FITNESS PROGRAM SALARIES 45213 - MRAC EMPLOYEE BENEFITS 45215 - MRAC OVERTIME 45216 - MRAC UNEMPLOYMENT 45221 - MRAC SUBSCRIPTIONS & MEMBERSHIPS 45222 - MRAC ADVERTISING 45223 - MRAC TRAVEL 45224 - MRAC OFFICE EXPENSE & SUPPLIES 45225 - MRAC EQUIPMENT-SUPPL. & MAINTENANCE 45226 - MRAC BLDG/GRDS-SUPPL. & MAINTENANCE 45227 - MRAC UTILITIES FY 18 Budget $0 FY 19 Requests $0 FY 19 Admin Recommendation $0 $7,950 $20,700 $19,700 $376,324 $387,080 $349,421 $6,050 $8,500 $8,500 $30,800 $31,000 $31,000 $500 $500 $500 $10,000 $10,000 $10,000 $3,300 $1,500 $1,500 $0 $0 $0 $44,000 $45,000 $45,000 $0 -$200 $0 $0 $0 $0 $99,000 $95,000 $95,000 $2,200 $4,000 $4,000 $8,500 $9,000 $9,000 $14,300 $18,000 $18,000 $0 $0 $0 $11,000 $11,000 $11,000 $2,200 $1,500 $1,500 $38,500 $39,000 $39,000 $77,000 $70,000 $70,000 $5,500 $5,500 $5,500 $825 $750 $750 $353,675 $350,050 $350,250 $109,648 $41,250 $41,250 $189,208 $279,125 $279,125 $289,000 $322,488 $322,488 $31,946 $33,250 $33,250 $16,600 $13,200 $13,200 $144,284 $160,416 $160,416 $300 $300 $300 $0 $0 $0 $250 $1,000 $1,000 $10,000 $8,500 $8,500 $1,300 $2,040 $1,300 $2,000 $3,500 $3,000 $10,000 $12,000 $10,000 $25,000 $25,000 $25,000 $101,000 $101,000 $101,000 3/27/2018 Page 23 of 338 2 Recreation Recreation Budget FY 18 Budget FY 19 Requests FY 19 Admin Recommendation 45228 - MRAC TELEPHONE $6,000 $6,200 $6,200 45229 - MRAC RENT OF PROPERTY OR EQUIPMENT $2,000 $1,000 $1,000 45231 - MRAC PROFESSIONAL & TECH. SERVICES $15,550 $11,150 $8,000 45233 - MRAC EDUCATION $4,000 $4,000 $3,000 45234 - MRAC INSTRUCTIONAL MATERIALS/SUPP. $600 $400 $400 45235 - MRAC OTHER $3,500 $1,500 $1,500 45246 - MRAC SPECIAL DEPARTMENTAL SUPPLIES $38,000 $38,350 $38,000 45261 - MRAC SUNDRY EXPENSES -MISCELLANEOUS $7,000 $7,500 $7,000 45270 - MRAC SWIM TEAM $3,000 $1,500 $1,500 45271 - MRAC FITNESS PROGRAMS $0 $0 45273 - MRAC AQUATIC PROGRAMS $1,500 $2,850 $2,000 45274 - MRAC - MACHINERY & EQUIPMENT $0 $12,800 45275 - MRAC SPECIAL EVENTS $500 $0 Total Expense $1,012,186 $1,090,319 $1,068,429 Total Aquatic Center-$658,511-$740,269-$718,179 Programs Sports Programs Smart Start - Center St. Gym Revenue 34573 - SMART START $0 $0 34600 - CENTER ST. GYM FITNESS $0 $0 Total Revenue $0 $0 $0 Expense 64102 - SMART START $0 $0 64103 - CENTER ST. GYM FITNESS $0 $0 Total Expense $0 $0 $0 Total Smart Start - Center St. Gym Soccer Revenue 34539 - ADULT SOCCER $3,300 $3,750 $3,750 34569 - SPRING YOUTH SOCCER $9,312 $7,665 $7,665 34570 - FALL YOUTH SOCCER $3,520 $3,690 $3,690 34571 - SOCCER CAMPS $413 $250 $250 34574 - INDOOR SOCCER - YOUTH $1,540 $1,650 $1,650 34587 - INDOOR SOCCER - ADULT $0 $0 $0 Total Revenue $18,085 $17,005 $17,005 Expense 64201 - Soccer YOUTH SOCCER $5,500 $4,120 $4,120 64202 - Soccer FALL SOCCER $1,100 $1,160 $1,160 64205 - Soccer ADULT SOCCER $550 $800 $800 3/27/2018 Page 24 of 338 3 Recreation Recreation Budget FY 18 FY 19 FY 19 Admin Budget Requests Recommendation 64209 - Soccer INDOOR - YOUTH SOCCER $450 $350 $350 64210 - Soccer WAGES SOCCER $1,750 $1,826 $1,826 64213 - Soccer SOCCER REFEREE - WAGES $157 $157 $157 64215 - Soccer INDOOR - YOUTH DIRECTOR SOCCER $0 $0 $0 Total Expense $9,507 $8,413 $8,413 Total Soccer $8,578 $8,592 $8,592 Adult Softball Revenue 34537 - TOURNAMENT SOFTBALL - MEN'S $0 $0 34564 - MENS SOFTBALL $0 $0 Total Revenue $0 $0 $0 Expense 64427 - COED SOFTBALL $1,000 $1,100 $1,100 64435 - MEN'S SOFTBALL $0 $0 64436 - MEN'S SOFTBALL TOURN/DIRECTOR $0 $0 64437 - MEN'S SOFTBALL TOURNAMENT $0 $0 64438 - MEN'S SOFTBALL TOURN.-UMPIRES $0 $0 Total Expense $1,000 $1,100 $1,100 Total Adult Softball-$1,000-$1,100-$1,100 Adult Volleyball Revenue 34540 - VOLLEYBALL - ADULT COED $1,584 $1,500 $1,500 34545 - VOLLEYBALL - WOMEN'S $0 $0 Total Revenue $1,584 $1,500 $1,500 Expense 64601 - CO-ED VOLLEYBALL $1,000 $1,210 $1,210 64602 - VOLLEYBALL $0 $0 64613 - CO-ED VOLLEYBALL - DIRECTOR $0 $0 64614 - WOMEN'S VOLLEYBALL - DIRECTOR $0 $0 Total Expense $1,000 $1,210 $1,210 Total Adult Volleyball $584 $290 $290 Basketball Revenue 34575 - ADULT BASKETBALL $759 $600 $600 34576 - JR JAZZ BASKETBALL $3,014 $3,200 $3,200 34599 - MIDDLE SCHOOL TRVL BASEBALL $0 $0 $0 Total Revenue $3,773 $3,800 $3,800 3/27/2018 Page 25 of 338 4 Recreation Recreation Budget FY 18 Budget FY 19 Requests FY 19 Admin Recommendation Expense 64803 - ADULT BASKETBALL $750 $750 $750 64804 - JR JAZZ BASKETBALL $2,000 $2,200 $2,200 64805 - JR. JAZZ REFEREE SERVICES $3,040 $3,040 $3,040 64807 - MS BASKETBALL REFEREES $1,482 $360 $360 64813 - Basketball EMPLOYEE BENEFITS $407 $407 $407 Total Expense $7,679 $6,757 $6,757 Total Basketball-$3,906-$2,957-$2,957 Youth Volleyball Revenue 34546 - VOLLEYBALL - YOUTH SPRING $2,948 $2,940 $2,940 34580 - YOUTH VOLLEYBALL $2,349 $1,635 $1,635 34581 - MIDDLE SCHOOL VOLLEYBALL (FALL) $990 $0 Total Revenue $6,287 $4,575 $4,575 Expense 64901 - YOUTH VOLLEYBALL $1,200 $1,100 $1,100 64902 - MIDDLE SCHOOL VOLLEYBALL $1,680 $0 64903 - MIDDLE SCHOOL VOLLEYBALL $0 $0 64904 - YOUTH SPRING VOLLEYBALL - WAGES $0 $0 64905 - YOUTH SPRING VOLLEYBALL $2,425 $2,425 $2,425 Total Expense $5,305 $3,525 $3,525 Total Youth Volleyball $982 $1,050 $1,050 Youth Baseball/Softball Revenue 34538 - TOURNAMENT SOFTBALL - YOUTH $0 $3,840 $3,840 34563 - ADULT COED SOFTBALL $2,750 $3,400 $3,400 34566 - YOUTH/BASEBALL/SOFTBALL $18,134 $16,882 $16,882 34567 - RECURRING TEAM MEMBERSHIPS $2,662 $2,420 $2,420 34583 - YOUTH SPONSOR/BASEBALL $11,440 $12,800 $12,800 Total Revenue $34,986 $39,342 $39,342 Expense 65111 - Youth BB/SB WAGES- MAINTENANCE WORKERS $3,500 $3,000 $3,000 65112 - Youth BB/SB WAGES- UMPIRES & SCOREKEEPERS $6,510 $5,880 $5,880 65113 - Youth BB/SB EMPLOYEE BENEFITS $901 $901 $901 65123 - Youth BB/SB BASEBALL STATE TOURN. EXPENSES $2,000 $2,000 $2,000 65125 - Youth BB/SB EQUIPMENT -SUPPLIES & MAINT. $200 $350 $350 65126 - Youth BB/SB BASEBALL FIELD MAINTENANCE $300 $1,300 $1,300 65158 - MIDDLE SCHOOL TRVL BASEBALL $0 $0 $0 3/27/2018 Page 26 of 338 5 Recreation Recreation Budget FY 18 Budget FY 19 Requests FY 19 Admin Recommendation 65173 - FIELD MAINTENANCE EQUIPMENT $0 $0 $0 65174 - YOUTH BASEBALL/SOFTBALL $17,000 $16,200 $16,200 65177 - UTAH GIRLS SOFTBALL ASSOC $300 $400 $400 65178 - UTAH BOYS BASEBALL ASSOCIATION $300 $400 $400 Total Expense $31,011 $30,431 $30,431 Total Youth Baseball/Softball $3,975 $8,911 $8,911 Youth Football Revenue 34568 - YOUTH FOOTBALL $3,416 $2,790 $2,790 34577 - FLAG FOOTBALL $1,788 $1,365 $1,365 34578 - MIDDLE SCHOOL FOOTBALL $1,980 $0 $0 34579 - FLAG FOOTBALL - ADULT $594 $540 $540 Total Revenue $7,778 $4,695 $4,695 Expense 65213 - Youth Football BENEFITS $219 $219 $219 65275 - YOUTH FOOTBALL $4,640 $5,640 $5,640 65280 - FLAG FOOTBALL $1,550 $1,600 $1,600 65281 - FLAG FOOTBALL - ADULT $100 $100 $100 65285 - MIDDLE SCHOOL FOOTBALL $980 $0 $0 65286 - YOUTH FOOTBALL REFEREES $828 $828 $828 65295 - MS FOOTBALL REFEREES $1,200 $1,200 $1,200 Total Expense $9,517 $9,587 $9,587 Total Youth Football-$1,739-$4,892-$4,892 BMX Expense 65410 - BMX WAGES $150 $150 $150 65424 - BMX MATERIALS & SUPPLIES $0 $0 Total Expense $150 $150 $150 Total BMX -$150 -$150 -$150 Pickleball Revenue 34585 - PICKLEBALL $396 $720 $720 Total Revenue $396 $720 $720 Expense 65180 - PICKLEBALL $200 $200 $200 Total Expense $200 $200 $200 3/27/2018 Page 27 of 338 6 Recreation Recreation Budget Total Pickleball Foot Races Revenue 34572 - FOOT RACES Total Revenue FY 18 Budget FY 19 Requests FY 19 Admin Recommendation $196 $520 $520 $5,929 $4,010 $4,010 $5,929 $4,010 $4,010 Expense 64092 - Recreation TURKEY TROT/EASTER EGG HUNT $2,000 $2,500 $2,500 Total Expense $2,000 $2,500 $2,500 Total Foot Races $3,929 $1,510 $1,510 Misc Revenue 34536 - SUMMER CAMP $3,520 $0 34586 - DODGE BALL $0 $0 66373 - ULTIMATE FRISBEE $547 $400 $400 Total Revenue $4,067 $400 $400 Expense 70080 - DODGEBALL $0 $0 Total Expense $0 $0 Total Misc Total Sports Programs $4,067 $400 $400 $15,516 $12,174 $12,174 MARC Revenue 66150 - MEMBERSHIP FEES $0 $0 $0 66160 - PROGRAM FEES $9,350 $9,500 $9,500 66180 - MATERIALS - TAXABLE $0 $0 $0 66210 - GRANTS AND DONATIONS $23,000 $16,550 $16,550 66250 - WORKSHOP FEES $0 $0 $0 66271 - RENTAL FEES $35,200 $35,000 $39,000 66372 - SPECIAL EVENTS FEES $55,000 $44,000 $47,000 Total Revenue $122,550 $105,050 $112,050 Expense 80010 - MARC SALARIES & WAGES $112,930 $148,524 $138,516 3/27/2018 Page 28 of 338 7 Recreation Recreation Budget FY 18 Budget FY 19 Requests FY 19 Admin Recommendation 80013 - MARC EMPLOYEE BENEFITS $73,770 $71,946 $71,946 80014 - MARC SALARIES & WAGES - INSTRUCTORS $5,000 $6,500 $6,500 80015 - MARC SALARIES & WAGES OT $500 $300 $300 80016 - MARC UNEMPLOYMENT $0 $0 80021 - MARC SUBSCRIPTIONS & MEMBERSHIPS $500 $1,260 $1,260 80022 - MARC ADVERTISING/MARKETING $6,500 $6,500 $6,000 80023 - MARC TRAVEL $750 $1,500 $1,000 80024 - MARC OFFICE EXPENSE & SUPPLIES $3,900 $3,900 $3,900 80025 - MARC EQUIP/SUPPLIES & MAINTENANCE $2,000 $2,000 $2,000 80026 - MARC BLDG GROUNDS SUPPL & MAINT $0 $0 $0 80027 - MARC UTILITIES $7,500 $7,500 $7,500 80028 - MARC TELEPHONE $2,500 $3,660 $2,500 80031 - MARC PROFESSIONAL/TECHNICAL SERVICE $2,000 $2,000 $500 80033 - MARC EDUCATION $600 $2,900 $750 80035 - MARC OTHER $500 $100 $100 80046 - MARC SPECIAL DEPARTMENTAL SUPPLIES $5,500 $15,700 $10,000 80074 - MARC MACHINERY & EQUIPMENT $1,350 $10,200 $0 80077 - MARC SPECIAL EVENTS $8,500 $8,500 $8,500 80077.1 - MARC SPECIAL EVENTS - RED ROCK ARTS FEST $55,500 $40,000 $35,000 80078 - MARC SPECIAL PROJECTS $0 $0 $0 Total Expense $289,800 $332,990 $296,272 Total MARC -$167,250-$227,940 -$184,222 3/27/2018 Page 29 of 338 8 Class C Fund Class C Road Fund Revenue: FY 18 Budget FY 19 FY 19 Admin Requests Recommendation Taxes 33570 Class C TRANSPORTATION TAX $165,030 $0 $203,176 Total Taxes $165,030 $0 $203,176 Intergovernmental revenue 33560 Class C CLASS C ROAD FUND $198,723 $0 $272,819 Total Intergovernmental revenue $198,723 $0 $272,819 Interest 36100 Class C INTEREST INCOME $0 $0 $4,400 Total Interest $0 $0 $4,400 Miscellaneous revenue 36160 PROCEEDS FROM LT DEBT $0 $0 $0 36200 PROPERTY OWNER CONTRIBUTIONS $0 $0 $0 36325 SPECIAL SERVICES BY DEPT $0 $0 $0 Total Miscellaneous revenue $0 $0 $0 Contributions and transfers 3650 Proceeds on sale or trade of fixed assets $0 $0 $0 39561 Class C TRANS. FROM EQUITY-B.O.Y. RESV $494,847 $0 $300,000 Total Contributions and transfers $494,847 $0 $300,000 Total Revenue: $858,600 $0 $780,395 Expenditures: 40041 Class C SPECIAL DEPARTMENTAL SUPPLIES $27,000 $27,000 $27,000 40058 Class C ROADBASE - PATCHING $9,000 $9,000 $9,000 40070 Class C ASPHALT $7,500 $7,500 $7,500 40071 Class C OVERLAY $500,000 $300,000 $294,275 40072 Class C CRACK SEALING $40,000 $40,000 $40,000 40073 Class C - SPECIAL PROJECTS $175,100 $250,100 $200,000 40073.1 Class C CONCRETE ADA Transition Plan $50,000 $50,000 $50,000 40073.2 Class C CONCRETE Sidewalk/Ped Ramp Repair $50,000 $50,000 $50,000 40074 Class C MACHINERY & EQUIPMENT $0 $0 $102,620 400810 LEASE PRINCIPAL $0 $0 400820 LEASE INTEREST $0 $0 $0 40169.1 Class C Equipment capital lease $0 $0 $0 40169.2 Class C Capital lease interest $0 $0 $0 Total Expenditures $858,600 $733,600 $780,395 3/27/2018 Page 30 of 338 1 Class C Fund Class C Road Fund Total Revenue Change in position FY 18 Budget FY 19 FY 19 Admin Requests Recommendation $858,600 $0 $780,395 $0-$733,600 $0 3/27/2018 Page 31 of 338 2 Millcreek fund Millcreek Project Fund FY 18 Budget FY 19 Requests FY 19 Admin Recommendation Revenue: Intergovernmental revenue 33579 FUTURE GRANTS 3,000 0 0 33581 UTAH TRAILS/MILCREEK DR PATH - STATE FUNDS 0 0 0 33582 UTAH TRAILS/MILLCREEK DR PATH - LOCAL FUNDS 0 0 0 33583 UTAH TRAILS 500 W. UNDERPASS 0 0 0 33584 UTAH TRAILS PIPE DREAM TRAIL 0 0 0 33585 FIRE/FUEL/REDUCT/REVEG 0 0 0 Total Intergovernmental revenue 3,000 0 0 Contributions and transfers 33210 CONTRIBUTION FROM GENERAL FUND 450,000 0 250,000 39210 MILLCREEK PROD. FUND/BEG. BAL. 3,000 0 0 Total Contributions and transfers 453,000 0 250,000 Total Revenue: 456,000 0 250,000 Expenditures: Transfers and contributions out 40090 INCREASE IN FUND BALANCE Total Transfers and contributions out 0 0 0 0 0 0 Millcreek Projects 40002 FIRE/FUEL/REDUCTION/REVEG 0 0 0 40003 MILLCREEK/MAIN STREET- WEIR 0 0 0 40004 UTAH TRAILS 500 W. UNDERPASS 0 0 0 40005 UTAH TRAILS PIPE DREAM 0 0 0 40010 SALARIES 0 0 0 40013 BENEFITS 0 0 0 40031 PROFESSIONAL/TECHNICAL 0 0 0 40035 OTHER 0 0 0 40041 ACQUISITIONS 0 0 0 40048 BMX TRACK 0 0 0 40050 BROWNING ROTARY MUSICAL PLAYGROUND GRANT 0 0 0 40051 BROWNING TRAILS GRANT 0 0 0 40074 SPECIAL PROJ. - GRANT MATCH ONLY 0 0 0 40076 TREE EDUCATION/ADVERTISING 1,500 0 0 40086 TREES/IRRIGATION 4,500 0 0 40088 UTAH TRAILS MILLCREEK DR PATH 0 0 0 40089 TRAILS 450,000 300,000 250,000 Total Millcreek Projects 456,000 300,000 250,000 Total Expenditures: 456,000 300,000 250,000 Total Revenues 250,000 Total Change In Net Position 0 300,000 0 3/27/2018 Page 32 of 338 1 Capital projects Capital Projects Fund FY 18 Budget FY 19 Requests FY 19 Admin Recommendation Revenue: Intergovernmental revenue 36124 GRANTS AND DONATIONS $60,000 $0 $0 36125 DOG PARK DONATIONS $0 $0 $0 Total Intergovernmental revenue $60,000 Interest 36100 INTEREST INCOME $7,000 Total Interest $7,000 $0 $25,000 $0 $25,000 Miscellaneous revenue 36160 CIB LOAN $0 $0 $0 36165 PROCEEDS FROM LONG TERM DEBT $0 $0 $0 36200 ANIMAL SHELTER DONATIONS $0 $0 $0 36201 TRANS ENHANCE GRANT $0 $0 $0 36210 CIB GRANT $0 $0 $0 36220 LEASE REVENUE CITY CENTER $37,654 $0 $37,654 36224 UDOT AID PROJECT $0 $0 $0 36225 MORTGAGE PRNCPAL OLD CITY HALL $0 $0 $0 36226 MORTGAGE INTEREST OLD CITY HL $0 $0 $0 36227 UTAH STATE ENERGY PROGRAM GRANT $0 36228 UTAH POWER GRANT $0 36229 FEDERAL HIGHWAY GRANT $0 36230 LIBRARY CITY CENTER CONTR $0 36235 CIB LOAN AQUATIC CENTER $0 36236 CONTRIBUTION FROM REC DISTRICT $190,000 $0 $190,000 36237 DEVELOPER FEES $0 $0 $0 36238 CLAIM SETTLEMENT PROCEEDS $0 $0 $0 36245 PROCEEDS FROM LT DEBT $0 $0 $0 Total Miscellaneous revenue $227,654 $0 $227,654 Contributions and transfers 39222 TRANSFER FROM GENERAL FUND $0 $0 $196,457 39225 TRANSFER FROM RECREATION FUND $0 $0 $0 39561 CAPITAL PROJECTS FUND BEG. BAL $1,828,349 $0 $1,000,000 39562 TRANSFER IN FROM MUNICIPAL BLDG SETASIDE $0 $0 $0 39563 TRANSFER IN FROM USU SET -ASIDE $0 Total Contributions and transfers $1,828,349 Total Revenue: $2,123,003 Expenditures: $0 $0 $0 $1,196,457 $0 $1,449,111 Police 79140 - ANIMAL SHELTER PROJECT $0 $0 $0 79141 - ANIMAL SHELTER EQUIPMENT $0 $0 $5,622 3/27/2018 Page 33 of 338 1 Capital projects Capital Projects Fund FY 18 Budget FY 19 Requests FY 19 Admin Recommendation 79142 - ANIMAL SHELTER FF&E $0 $0 $0 79150 - POLICE EQUIPMENT $117,816 $38,834 $62,943 79155 - POLICE VEHICLES $105,642 $93,702 Total Police $117,816 $144,476 $162,267 Public Works 42577 - STRMWTR DETENTION BASIN PROJ $0 44070 - ROAD IMPROVEMENTS $0 44071 - MILLCREEK INTERSECTION $150,000 44072 - STREETS/SPECIAL PROJ./CONCRETE $0 $0 $0 44073 - NORTH CORRIDOR FRONTAGE ROAD $0 $0 $0 44074 - POWERHOUSE LANE $0 $0 $0 44075 - SEALCOAT $0 $0 $0 44075.1 - Sealcoat non -capital $0 $0 $0 44076 - MAIN STREET IMPROVEMENTS $0 $0 $0 44077 - 500 WEST/KANE CREEK IMPROVE $0 $0 $0 44077.1 - 500 W non -capital $0 $0 $0 44078 - TFER TO ROAD IMPROVE SETASIDE $500,000 $0 $300,000 44079 - 100 NORTH STREET IMPROVEMENTS $0 $0 $0 44080 - TRANSPORTATION MASTER PLAN $70,000 $0 $0 44081 - CITY SHOP/YARD IMPROVEMENTS $9,000 44082 - WILLIAMS WAY ROAD RECONSTRUCTION $0 $0 $0 $0 $0 $0 $0 44084 - BARTLETT STREET IMPROVEMENTS $0 44085 - CITY FACILITIES - SECURITY $40,000 44086 - 400 EAST ROAD IMPROVEMENTS $0 $0 $0 44087 - TRANSPORTATION STUDY - UDOT COST SHARE $0 $0 $0 44088 - GENERAL ADMINISTRATIVE FACILITIES $4,000 $0 $0 44090 - EQUIPMENT $47,300 $84,257 $0 44091 - VEHICLES $47,300 $112,000 $76,000 45070 - ADA IMPROVEMENTS $0 $0 $0 78025 - TRAIL & BRIDGE IMPROVEMENTS $0 $0 $0 78043 - SWANNY PARK RESTROOMS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 78045 - PLAYGROUND EQUIPMENT/BUILDING IMPROVEMENTS 78046 - PARKS EQUIPMENT & VEHICLES Total Public Works $0 $0 $0 $37,500 $33,804 $33,804 $905,100 $230,061 $409,804 Administration 40090 - INCREASE IN FUND BALANCE $0 $0 $0 74090 - VEHICLES $16,000 $6,000 77057 - DARK SKY CAPITAL IMPROVEMENT $34,040 $0 $34,040 79042 - MAPS - ASSISTED LIVING PROJECT $0 $0 $0 79043 - IMPACT FEE OFFSET $0 $0 $0 79045 - USU SETASIDE $75,000 $0 $3,000 3/27/2018 Page 34 of 338 2 Capital projects Capital Projects Fund FY 18 Budget FY 19 Requests FY 19 Admin Recommendation 79046 - Contribution to CHCSSD $0 $0 $0 79047 - USU BUILDING PROJECT $0 $0 $0 81001 - TRANSFER TO GENERAL FUND $85,847 $0 $0 Equpment for various admin departments $2,700 IT - Computer replacement IT - other equipment Total Administration $194,887 Recreation 46070 - ROOF PROJECT $0 $0 46072 - MARC BUILDING IMPROVEMENTS $270,000 $100,000 47070 - AQUATIC CENTER IMPROVEMENTS $65,000 $153,000 47071 - AQUATIC CENTER SET ASIDE $50,000 $57,500 $45,000 $57,000 $10,000 $5,000 $71,000 $107,740 47072 - AQUATIC CENTER EQUIPMENT REPLACEMENT $0 $12,800 47098 - CONTRIBUTION TO CIB ESCROW $0 $0 77047.1 - 2009 AQUATIC BOND PMT $191,000 $191,000 77051 - CENTER STREET GYM MECHANICAL $30,000 $18,000 77056 - BALLFIELD $25,000 $194,000 78030 - ART IN PUBLIC PLACES % $40,000 $40,000 78044 - PARK IMPROVEMENTS $45,000 $102,000 79044 - PERFORMANCE GURANTEE DEFAULT IMPROVEMENTS $0 $0 $100,000 $105,000 $50,000 $12, 800 $191,000 $18, 000 $39,000 $40,000 $102,000 Total Recreation $716,000 $868,300 $657,800 Muni Building Authority Debt Service 77042 - PUBLIC BLDG BOND RESERVE $0 $0 $0 77045 - MUNICIPAL BLDG FF&E $0 $0 $0 77046.1 - MUNICIPAL BLDG BOND PMT $79,000 $83,000 $83,000 77046.2 - MUNI BLDG BOND INTEREST $32,500 $28,500 $28,500 Total Debt Service $111,500 $111,500 $111,500 Administrative Facility 46071 - SOLAR PROJECT $0 $0 $0 77031 - MUNI BLDG PROJECT $0 $0 $0 77050 - BLDG IMPROVEMENTS $75,000 $0 $0 77055 - CITY SUSTAINABILITY $50,000 $0 $0 Total Administrative Facility $125,000 $0 $0 Total Muni Building Authority Total Expenditures: Total Revenues $236,500 $111,500 $111,500 $2,170,303 $1,425,337 $1,449,111 $2,123,003 $0 $1,449,111 3/27/2018 Page 35 of 338 3 Capital projects Capital Projects Fund Difference FY 18 Budget FY 19 Requests FY 19 Admin Recommendation -$47,300-$1,425,337 $0 3/27/2018 Page 36 of 338 4 Water Enterprise Fund Water Fund - Operations FY 18 Budget FY 19 Requests FY 19 Admin Recommendation Revenue: Water Operating Income 36300 WATER PENALTIES $4,635 $0 $5,500 36500 SALE OF MATERIALS & SUPPLIES $1,545 $0 $1,000 36900 Water SUNDRY REVENUES $40,000 $0 $75,000 37100 WATER SALES $991,375 $0 $1,060,000 37120 TAX ON SHOP WATER SALES $0 $0 $0 37260 WATER CONNECTION $72,100 $0 $25,000 37325 Water SPECIAL SERVICES BY CITY DEPARTMENTS $12,360 $0 $0 38600 ALLOWANCE ON DOUBTFUL ACCOUNTS $0 $0 $0 Total Water Operating Income $1,122,015 $0 $1,166,500 Water Non -operating income 36100 - INTEREST INCOME $7,210 $0 $10,000 36105 - GRANT INCOME $90,000 $0 $0 36110 - WATER IMPACT FEE INTEREST INCOME $9,270 $0 $17,000 36111 - WATER IMPACT FEES $50,600 $0 $25,000 36112 - WATER IMPACT FEE BEG F.B. $0 $0 $0 36200 - WATER TANK FINANCING $0 $0 $0 39535 - W/S - BEG. FUND BALANCE $0 $0 $0 Total Water Non -operating income $157,080 $0 $52,000 Total Water income $1,279,095 $0 $1,218,500 Expenses: Water Operating expense 50009 Water GENERAL FUND O/H $177,073 $0 $326,665 50010 Water SALARIES & WAGES $232,274 $215,898 $243,446 50011 - Water SUPERVISOR PAY $0 $0 $0 50012 - Water SALARY DIFFERENTIAL (SURVEY) $0 $0 $0 50013 Water EMPLOYEE BENEFITS $200,765 $177,300 $208,201 50015 Water OVERTIME $10,000 $18,000 $18,000 50021 Water SUBSCRIPTIONS & MEMBERSHIPS $5,360 $4,135 $3,800 50023 Water TRAVEL $4,800 $7,100 $4,800 50024 Water OFFICE EXPENSE & SUPPLIES $0 $1,500 $1,500 50025 Water EQUIPMENT-SUPPL. & MAINTENANCE $10,500 $22,500 $12,500 50026 Water BUILDING SUPPL. & MAINTENANCE $13,000 $22,000 $22,000 50027 Water UTILITIES $48,500 $50,500 $50,500 50028 Water TELEPHONE $2,500 $3,300 $3,300 50029.1 Water RENT OF PROPERTY & EQUIPMENT $10,000 $16,000 $3,500 50029.2 Water capital lease expense $0 $0 $0 50030 Water MONTHLY FUEL - GASCARD $14,000 $16,975 $14,000 3/27/2018 Page 37 of 338 1 Water Enterprise Fund Water Fund - Operations 50031 Water PROFESSIONAL & TECH. SERVICES FY 18 Budget $36,500 FY 19 Requests $43,000 FY 19 Admin Recommendation $33,500 50033 Water WATER/EDUCATION $5,800 $5,800 $5,800 50035 Water OTHER $6,150 $7,650 $7,650 50046 Water SPECIAL DEPARTMENTAL SUPPLIES $38,700 $59,500 $59,500 50051 Water INSURANCE $1,600 $1,600 $1,600 50069 Water DEPRECIATION $185,000 $0 $185,000 Total Water Operating expense $1,002,522 $672,758 $1,205,262 Water Non -operating expense 50082 Water INTEREST ON BONDS/DEBT SERVICE $0 $0 $0 50084 Water TRANSFER TO CAPITAL FACILITIES $0 $0 $0 60092 Pension expense (GASB 68) $0 $0 $0 Total Water Non -operating expense $0 $0 $0 Total Expense $1,002,522 $672,758 $1,205,262 Total Income $1,279,095 $0 $1,218,500 Difference $276,573-$672,758 $13,238 3/27/2018 Page 38 of 338 2 Water Capital Culinary Water Fund - Capital Budget 2019 Dept Request 2019 Admin Recommend Income: Operational Income: Net Income $13,238 $13,238 Add Depreciation $185,000 $185,000 Provided/Required from Operation: $198,238 $198,238 Other income: Loan proceeds (external financing) $0 Loan proceeds (internal financing) $400,000 Transfer from Water Fund Balance $0 Impact fees $50,000 Total Other Income: $0 $450,000 Total Resources to be Provided: $198,238 $648,238 Expenses: Projects to be financed: New storage tank $0 $0 Mil!creek Drive Upgrades $250,000 $250,000 Water System Upgrades $140,000 $140,000 Total finance need: $390,000 $390,000 Debt service $0 $50,000 Project to pay as you go: Water Tank Maintenance $40,000 $40,000 Total pay as you go: $40,000 $40,000 Total Annual Expense for Projects: $430,000 $90,000 Direct Purchase (aka Equipment) 1611 - Land $0 1615 - Water shares $0 1631 - Water wells 1641 - Water tanks 1642 - Water lines 1643 - Meters $136,000 $100,000 1644 - Fire Hydrants $20,000 $15,000 1661.2 - Equipment - water $115,000 $75,000 1665 - Office furniture and equipment $0 1671 - Autos and trucks $0 Total Direct Purchase: $271,000 $190,000 Total Capital Requirement: $701,000 $280,000 Total Income $198,238 $648,238 3/27/2018 Page 39 of 338 1 Water Capital Culinary Water Fund - Capital Budget Net impact to Culinary Water Fund Balance 2019 Dept Request 2019 Admin Recommend -$502,762 Current Culinary Water Fund Balance TBD Projected FY18 Year End Fund Balance TBD $368,238 3/27/2018 Page 40 of 338 2 Sewer Enterprise Fund Sewer Enterprise Fund - Operations Revenue Sewer Operating Income 38600 - ALLOWANCE ON DOUBTFUL ACCOUNTS 56900 - Sewer SUNDRY REVENUE 57200 - SEWER EXISTING FACILITY FEE 57210 - SEWER STUDIES FEE 57300 - SEWER SERVICES CHARGES 57325 - Sewer SPECIAL SERVICES BY CITY DEPTS 57350 - Sewer SPANISH VALLEY SEWER 57440 - SEWER CONNECTION Total Sewer Operating Income Sewer Non -operating income 36500 - SALE OF MATERIALS & SUPPLIES 39535 - W/S - BEG. FUND BALANCE 56100 - Sewer INTEREST INCOME 56108 - GWSSA SEWER IMPACT FEES - OFFSET 56109 - GWSSA SEWER IMPACT FEES 56110 - SEWER IMPACT FEE INTEREST 56111 - SEWER IMPACT FEES 56112 - SEWER IMPACT FEE BEG F.B. 56113 - SEWER IMPACT FEE FINANCE INTEREST 56200 - SEWER WWTP FINANCING 56250 - WWTP AGENCY ILA CONTRIBUTION 5630 - Gain (loss) on asset retirement 56860 - Sewer Contribution from capital projects Total Sewer Non -operating income Total Sewer Income Total Sewer Income (minus WRF Financing) Expense WWTP 60009 Sewer GENERAL FUND 0/H 60010 Sewer WWTP SALARIES & WAGES 60011 - Sewer WWTP SUPERVISOR PAY 60013 Sewer WWTP EMPLOYEE BENEFITS 60015 Sewer WWTP OVERTIME 60021 Sewer WWTP SUBSCRIPTIONS & MEMBERSHIPS 60023 Sewer WWTP TRAVEL 60024 Sewer WWTP OFFICE EXPENSE & SUPPLIES 60025 Sewer WWTP EQUIPMENT SUPPL. & MAINTENANCE 60026 Sewer WWTP BUILDING SUPPL. & MAINTENANCE 60027 Sewer WWTP UTILITIES 60028 Sewer WWTP TELEPHONE 60029 Sewer WWTP RENT OF PROPERTY & EQUIPMENT FY 18 Budget FY 19 Requests $0 $ 241, 341 $41,953 $2,021 $1,028,432 $1,500 $442,821 $20,000 $1,778,068 $0 $0 $0 $0 $0 $0 $0 $0 $147,520 $20,000 $23,318 $11,589,200 $0 $0 $0 $11,780,038 $0 $0 $0 $0 $13,558,106 $0 $1,968,906 FY 19 Admin Recommendation $200,000 $8,000 $25,000 $1,080,782 $1, 000 $350,000 $30,000 $1,694,782 $30,000 $42,479 $146,608 $0 $34,137 $0 $12,662 $0 $0 $0 $0 $265,885 $1,960, 668 $1,960, 668 $192,073 $0 $303,386 $179,067 $189,713 $189,713 $0 $0 $0 $107,653 $121,995 $121,995 $8,000 $10,000 $8,000 $3,600 $4,700 $3,600 $1,500 $2,000 $1,500 $2,000 $4,300 $1,500 $43,500 $30,500 $25,000 $5,000 $3,000 $3,000 $86,000 $150,000 $100,000 $2,700 $4,180 $4,180 $2,500 $3,000 $2,500 3/27/2018 Page 41 of 338 1 Sewer Enterprise Fund Sewer Enterprise Fund - Operations 60030 Sewer WWTP MONTHLY FUEL - GAS CARD 60031 Sewer WWTP PROFESSIONAL & TECH. SERVICES 60033 Sewer WWTP EDUCATION 60035 Sewer WWTP SHIPPING\FREIGHT 60046 Sewer WWTP SPECIAL DEPARTMENTAL SUPPLIES 60069 Sewer DEPRECIATION Total WWTP Sewer Collection System 60029.1 Sewer COLLECTIONS Capital Lease Expense 61010 Sewer COLLECTION SALARIES & WAGES 61011 - Sewer COLLECTION SUPERVISOR PAY 61013 Sewer COLLECTION EMPLOYEE BENEFITS 61015 Sewer COLLECTION OVERTIME 61021 Sewer COLLECTION SUBSCRIP & MEMBER 61023 Sewer COLLECTION TRAVEL 61024 Sewer COLLECTION OFFICE EXP & SUPPLIES 61025 Sewer COLLECTION EQUIP SUPPLIES & MAINT 61026 Sewer COLLECTION BLDG/GRDS SUPPLIES & MAINT 61027 Sewer COLLECTION UTILITIES 61028 Sewer COLLECTION TELEPHONE 61029 Sewer COLLECTION RENTALS 61030 Sewer COLLECTION MONTHLY FUEL 61031 Sewer COLLECTION PROFESSIONAL & TECH 61033 Sewer COLLECTION EDUCATION 61035 Sewer COLLECTION FREIGHT 61046 Sewer COLLECTION SPEC DEPT SUPPLIES Total Sewer Collection System Sewer Non -operating expense 60082 Sewer INTEREST ON SEWER BONDS 60084 Sewer IMPACT FEE WAIVERS 60085 IMPACT FEE WAIVERS 60091 Benefit expense -change in NPL/NPA (GASB 68) 60092 Pension expense (GASB 68) Total Sewer Non -operating expense Total Sewer Expense Total Sewer Revenue Difference Difference (minus WRF financing) FY 18 Budget FY 19 Requests $9,927 $7,000 $82,000 $ 2, 000 $7,500 $50,000 $150,000 $935,020 $116,820 $2,500 $8,000 $42,480 $0 $700,188 $ 21, 600 $139,798 $0 $97,232 $10, 000 $1,560 $0 $158,920 $0 $105,100 $10,500 $1,800 $4,500 $1,500 $20,000 $1, 000 $4, 000 $3,100 $2,500 $8,000 $4,500 $900 $28,000 $500 $ 2, 000 $5,000 $2,500 $8,000 $20,000 $3,950 $3,100 $44,000 $385,840 $15,857 $39,750 $6,350 $2,600 $44,480 $420,900 $0 $0 $0 $0 $0 $15,857 $0 FY 19 Admin Recommendation $3,300 $67,000 $2,500 $8,000 $28,480 $150,000 $1,023, 654 $0 $158,920 $0 $105,100 $8,500 $3,940 $4,500 $900 $20,000 $500 $1,500 $5,000 $1,500 $5,500 $35,000 $6,350 $2,000 $40,000 $399,210 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,336,717 $1,121,088 $1,422,864 $13,558,106 $0 $1,960,668 $537,804 $537,804 $12,221,389-$1,121,088 $632,189-$1,121,088 3/27/2018 Page 42 of 338 2 Sewer Capital 2019 Dept Request 2019 Admin Recommend Income Operational income: Net Income from Operations $537,804 $540,304 Add Depreciation $150,000 $150,000 Provided/Required from Operation: $687,804 $690,304 Other income: Loan proceeds Transfer from Sewer Fund Balance Impact fees (collections) Total other income: Total Income: $0 $0 $2,500,000 $1,250,000 $300,000 $4,050,000 $687,804 $4,740,304 Expenses: Projects to be financed: 100 West Sewer Upgrade $1,300,000 $1,500,000 North Trunk Line $1,500,000 WRF Outfall $1,500,000 Total finance need: $1,300,000 $4,500,000 Debt service $0 $160,000 Projects pay as you go: 500 West Lift Station Electrical Project $20,000 $20,000 Sanitary Sewer Replacement Projects Total pay as you go: $20,000 $20,000 Total Annual Expense for Projects: $1,320,000 $180,000 Direct Purchase (aka Equipment) 1651 - Sewage treatment facilities $0 1652 - Sewer lines $0 1653 - Manhole Replacement Project $75,000 $50,000 1661.1 - Equipment - general $0 1661.3 - Equipment - sewer 1665 - Office furniture and equipment $0 1671 - Autos and trucks $40,000 $40,000 Total Direct Purchase: $115,000 $90,000 Total Capital Requirement: $1,435,000 $270,000 Total Income $687,804 $4,740,304 Net impact to Sewer Fund Balance-$747,196 $3,220,304 3/27/2018 Page 43 of 338 1 Stormwater Utility Fund Storm Water Utility Fund - Operations Revenue FY 18 Budget FY 19 Requests FY 19 Admin Recommendation Operating income 36450 STORM WATER DRAINAGE FEE $209,000 $0 $285,190 36460 NON -POINT SOURCE FINANCIAL ASSISTANCE $36,264 $0 $0 Total Operating Income $245,264 $0 $285,190 Non -Operating Income 3340 STATE GRANT 36110 INTEREST INCOME 36112 TFER FROM FUND BALANCE 36210 TRANSFER FROM GENERAL FUND Total Non -operating income Total Storm Water Income Expenses $0 $0 $0 $0 $158,700 $0 $0 $0 $158,700 $0 $403,964 $0 $0 $0 $0 $0 $0 $285,190 Operating expense 40009 Storm wtr GENERAL FUND 0/H $45,000 $45,000 $67,419 40010 Storm wtr SALARIES & WAGES $19,000 $40,842 $40,842 40011 - Storm wtr SUPERVISOR PAY $0 $0 $0 40013 Storm wtr EMPLOYEE BENEFITS $15,000 $32,750 $32,750 40031 Storm wtr PROFESSIONAL & TECH. SERVICES $0 $0 $0 40046 Storm wtr SPECIAL DEPARTMENTAL SUPPLIES $20,000 40069 Storm wtr DEPRECIATION $0 $0 $0 40075 Storm wtr SPECIAL PROJECTS $0 $0 $0 Total Operating expense $79,000 $118,592 $161,011 Non -operating expense 40090 Storm wtr TRANSFER TO SURPLUS FUND BAL. $0 $0 $0 Total Non -Operating Expense $0 $0 $0 Total Storm Water Expense $79,000 $118,592 $161,011 Total Storm Water Income $403,964 $0 $285,190 Difference $324,964 $118,592 $124,179 3/27/2018 Page 44 of 338 1 Stormwater Capital Storm Water Utility Fund - Capital FY19 Dept Request FY19 Admin Recommend Income: Net Income from Operations $124,179 Add Depreciation $0 Provided/Required from Operation: $0 $124,179 Storm Water Fund Balance Transfer Total Income Expenditures $0 $124,179 Projects: 100 SOUTH STORM WATER IMPROVEMENTS MINOR STORM WATER PROJECTS RIPARIAN HABITAT STUDY STEWART CANYON Total Projects: $0 $0 Direct Purchase (aka Equipment) 1661.1 - Equipment - General $89,000 $89,000 Total Direct Purchase: $89,000 $89,000 Total Capital Requirement: $89,000 $89,000 Total Income $0 $124,179 Net impact to Storm Water Fund Balance-$89,000 $35,179 3/27/2018 Page 45 of 338 1 FY19 Tax Projections for Council Sales & Use Franchise Highway Transient Room Resort Community Energy Tax Total Class C Taxes Transportation Tax Class C Roads FY18 projections Sales & Use Franchise Highway Transient Room Resort Community Energy Tax Total Budgeted $2,065,877 $106,842 $825,523 $1, 356, 600 $4,175,534 $173,759 $8,704,135 FY18 Projection $2,088,054 $138,229 $821,555 $1,292,191 $4,236,941 $172,475 $8,749,444 Projection $ 2,088,054 $138,229 $ 821,555 $ 1,292,191 $ 4,236,941 $ 172,475 $ 8,749,444 +/- $ 22,176.91 $ 31,386.83 $ (3,968.30) $ (64,409.35) $ 61,406.96 $ (1,284.01) $ 45,309.04 6 year avg 6.44 % -2.35 % 7.55 % 11.51% 7.85% 2.75% 3 year avg 7.60 % - 3.37% 9.37% 12.96% 9.86% - 2.26% FY18 budgeted increase from FY17 6.69 % 0.00 % 8.36% 11.59% 8.22% 1.14% 8.11% FY 18 based on trends for FY 18 to date Projected Difference 0.52% FY18 projected % 7.66% - 10.33% 8.99 % 11.98% 9.73 % - 2.05% 9.01% FY 19 Scenario 1- increase over projected FY18 6.91% -3.45 % 8.24% 11.99% 8.64% 0.62% 8.34% FY19 Projected $ 2,232,416 $ 133,459 $ 889,274 $ 1,447,135 $ 4,603,191 $ 173,544 $ 9,479,019 3/27/2018 Page 46 of 338 Moab Resort Taxes Moab Sales Tax Moab Taxable Sales US GDP Utah Wages 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% 14.0% FY2018-19 FY2017-18 FY2016-17 Both the U.S. and Utah economies are expected to be fairly strong in 2018 and early 2019. Utah wages and salaries should rise at least 6% in 2018, up 5.6% from 2017. U.S. gross domestic product (GDP), which increased from 2.8% in 2016 to 4.1% in 2017, is expected to rise to 4.7% in 2018. These two economic variables drive two separate models, which predict Moab's taxable sales will rise nearly 9% in the current fiscal year and then slow to 7.5% in fiscal year 2018-19. Another smoothing -trend model predicts 5.3% for next year. On average, Moab taxable sales will moderate down from 8% this year to 7% next year (FY2018-19). Currently, for the first seven months of FY2017-18 sales tax receipts are up 8.2%. Two additional factors improved Moab taxable sales in FY2017-18. The first was the Tax Commission's deal to collect Amazon's own -warehouse sales (but not its affiliates' sales). This began early in 2017. The second was local economic development efforts to promote Moab, which began in 2014. The Amazon deal, which probably boosted sales in 2017 by 1%, will not increase the growth rate as much in 2018. Page 47 of 338 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435). 259-5121 Fax Number (435) 259-4135 To: David Everitt cc: Rachel Stenta Re: Water Department Employee Request Mayor: Council: Emily 5, Niehaus Rani Rerasary+ Mike Duncan (Caren Guzman -Newton Kalen Jones Tawny Knuteson-Boyd February 2, 2018 Due to the high demand of installations, replacements and small repairs we have neglected our preventive maintenance side of the Water Department. By adding an additional employee it will help get us on a regular maintenance schedule. With another employee I would be able to break the Water Department up into two teams. One for new connections, replacements and small repairs. The second team will concentrate on fire hydrant flushing and repairs, valve maintenance, Spring inspections and maintenance. When the meter reader is working on reading and repairing meters his teammate could assist on larger repairs or can concentrate on spring inspections. All will be involved when repairing main lines. Levi Jones Water Superintendent Page 48 of 338 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING MARCH 13, 2018 Regular Meeting & Attendance: 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. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre -Council Workshop: Mayor Emily Niehaus called the Workshop to order at 6:00 PM. In attendance were Councilmembers Rani Derasary, Mike Duncan, Karen Guzman -Newton and Kalen Jones. Councilmember Knuteson-Boyd was absent due to her travel to Washington DC on City business. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Sustainability Director Rosemarie Russo, City Engineer Chuck Williams, Assistant City Engineer Eric Johanson, Public Works Director Pat Dean, City Treasurer Jennie Ross, Police Chief Jim Winder, Planning Director Jeff Reinhart, Communications Director Lisa Church, Development Services Manager Sommar Johnson, Executive Administrative Assistant Carmella Galley, Film Commission Director Bega Metzner, Arts & Special Events Manager Meg Stewart, Water Conservation and Drought Management Advisory Board members Kyle Bailey, Kara Dohrenwend and Jeremy Lynch and Records/Project Specialist Eve Tallman. The Workshop began with a briefing by Ken Kolm and Paul van der Heijde regarding a Hydrologic and Environmental System Analysis of Moab Area Culinary Water Sources. Kolm introduced Paul van der Heijde and presented information about the sustainability and quality of Moab's municipal water supply. He outlined the springs and wells of Moab's water sources and explained the groundwater origins that supply those points. Councilmember Jones asked about the connections between Moab's watershed and Grandstaff Canyon. Councilmember Duncan asked about a diversion point just below Ken's Lake. Van der Heijde stated the only time flows were measured there was in the 1980s. Kolm explained that it is critical to Moab's water supply to keep flows running year-round in Mill Creek. Councilmember Guzman -Newton asked if the City was doing the right things as a municipality. Van der Heijde responded by noting the current phase of their work is to quantify the amount of water in the City's system, and the City's responsibility is to solidify its claims on water rights or to secure additional claims to answer the State's call for the City to firm up its rights. Guzman -Newton asked about the current adjudication process and he described his firm's experience in Castle Valley. Kolm added the City may have claims to water on the Pack Creek side of the watershed, and that currently he is working on the Mill Creek side. Kolm added he wants to protect all the portions of Moab's water resource. Van der Heijde spoke about sustainability regarding city planning, and noted it is not climate change but rather the city's current resource that he is concerned with. Councilmember Derasary voiced her confidence in the work of the hydrogeologists and thanked former Castle Valley mayor Dave Erley for his suggestion. Van der Heijde noted that water is very important for the City in light of development because water is a limited resource. Councilmember Jones acknowledged that year-round flows in Mill Creek are important and raised the point that there is currently not enough storage. Van der Heijde clarified that the City does not yet have the data from the United States Geological Survey (USGS) groundwater study, and this information is crucial. Councilmember Duncan mentioned installing a flow gauge on Mill Creek. The workshop continued with a wide-ranging discussion regarding proposed code revisions to Moab Municipal Code Chapter 2. After a brief overview of the process by City Manager Everitt, Mayor and Council asked questions about definitions and directives regarding Council procedures and Mayoral Page 1 of 7 March 13, 2018 Page 49 of 338 1-1 Minutes authority. Councilmember Jones stated his concerns with hiring power of the police chief and city attorney as the exclusive prerogative of the City Manager. The discussion was determined to require more time at a future meeting. Regular Meeting Called to Order: (:59 on recording) Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. Sixty-five members of the public and media were present. Approval of Minutes: Councilmember Jones moved to approve the minutes of the February 27, 2018 meeting. Councilmember Guzman -Newton seconded the motion. Councilmember Derasary abstained because she was not present at the meeting. The motion passed 3-0 aye with Councilmembers Jones, Guzman -Newton and Duncan voting aye. Mayor and Council Reports: Mayor Niehaus announced that Councilmember Knuteson-Boyd was in Washington, DC to advocate for continued funding to accelerate the uranium tailings pile removal. The Mayor also reported she had toured the school district tech building with Councilmember Guzman -Newton and the pair also met with the school superintendent. Niehaus stated she attended the Tourism Expo and learned the federal agencies are reporting campgrounds and parking lots are full and there is a strain on the resource, and an impact on tourists. She added she had met with Congressman Curtis's staff along with the Castle Valley mayor, and also met with Executive Director Etchberger of Utah State University --Moab to discuss possible collaborations between the City and the University. She concluded with a brief mention of her visit to the Middle School's Reality Town. Councilmember Duncan reported that he had attended a meeting of the Grand Water and Sewer Services Agency. Councilmember Derasary noted that she had attended a meeting of the Canyonlands Health Care Special Services District and learned that the Canyonlands Care Center had earned a five-star rating. She also noted she had written letters to state legislators and had participated in webcasts hosted by the Utah League of Cities and Towns ULCT). She also reported on her attendance at the water conservation open house hosted by the League of Women Voters and the Water Conservation Advisory Board. She concluded with a report that she had attended a Wabi Sabi Network meeting. Councilmember Jones reported he had attended a meeting of the Throttle Down committee. He described an effort to produce new yard signs and posters for businesses. He continued with a report that the issue of wind-blown trash was discussed at a meeting of the solid waste district. He also stated he had attended a meeting of the Housing Task Force and noted the Housing Authority of Southeastern Utah was working on deed restrictions. Councilmember Guzman -Newton stated she had attended a meeting of the Airport Board and learned there are proposals for shuttle services when the new airline service begins May 1. She noted Airport Manager Judd Hill secured a $1 million grant to expand the runway. Guzman -Newton also reported she had attended a Grand County Council meeting and stated the Emergency Medical Service calls had doubled in December and January. Mayor Niehaus recognized Rachel Stenta, City Recorder/Assistant City Manager, for twenty years of service with the City of Moab. Page 2 of 7 March 13, 2018 Page 50 of 338 1-1 Minutes Administrative Report: City Manager Everitt praised the City's facilities staff and noted they had received a 99.4% rating on a recent state audit of the facilities. He thanked Chace Gholson, Facilities Supervisor, for his work. He also updated Council on the completion by the Utah Department of Transportation (UDOT) of the recent phase of Main Street construction, the end of the legislative session and noted the effective actions of the ULCT, and the upcoming Parking Plan and consulting planning services in general. He mentioned the upcoming UDOT commission meeting in Springdale, which has traffic congestion not unlike Moab. Presentations: Students of the Month: Mayor Niehaus presented Student of the Month awards for the school year to date for Grand County Middle School. The following seventh graders were recognized: Natalie Haase, Draven Shaw, Lillian Scott, Maria Teresa Tavares, Elias Patterson, Hailey Dowd and Nate Torres. The following eighth graders were recognized: Lainey Bohannon, Jaden Nelson, Tenney Cook, Coner Duniway, Abigail Estenson, Isaac O'Harra and Brittany Lloyd. Citizens to be Heard: Scott Newton spoke about his disappointment regarding the proposed loss of on -street parking on North Main Street in view of UDOT's planned widening of the street. He stated he felt the City was not being transparent or supportive of City businesses and said he felt it was the City's responsibility to inform the public and to advocate for business owners in the UDOT process. He added he did not agree that a bicycle lane on Main Street was more important than parking for local businesses. He also mentioned a suggestion put forth during the UDOT "hotspot" process that proposed an option of constructing parking structures in downtown Moab and indicated this prospect would also likely harm downtown businesses. Councilmember Derasary asked about the City's communications and City Manager Everitt stated he would pass along the feedback to UDOT. He mentioned the recent UDOT open house regarding the North Main Street project, and added it was his understanding the design is still preliminary but that it is progressing. He noted the problematic scenario where Main Street narrows at the curve and added the prior owners of this specific business property were allowed a credit for on -street parking in lieu of generally -required off-street parking. Everitt also noted any discussion about parking structures as part of the hotspot plan was premature. He said the upcoming City-wide parking plan would involve community participation and would come before any decisions. Councilmember Jones concurred that community engagement will be an important aspect of the hotspot planning process and that the opportunity for input is not yet clear. Everitt stated he will look to the Council for direction before engaging the public. Christy Calvin submitted written comments: "Swanny Park is a very popular park for residents and visitors for a variety of unreserved events, including: birthday parties, picnics, ultimate, youth soccer and football practice, slacklining, skating, Wilderness First Responder courses, parachute folding, skateboarding, etc. Not to mention the aquatic center and fitness center that get regular daily use. Swanny Park should be reserved for these uses —and not allow special events, especially those that are commercial in nature, to usurp a lovely public park for a special event that causes congestion and noise to the park and surrounding neighborhoods and overrides those uses. Thank you." Page 3 of 7 March 13, 2018 Page 51 of 338 1-1 Minutes SPECIAL EVENTS/VENDORS/BEER LICENSES/SOLICITORS: (1:30 on recording) TransRockies—Failed Councilmember Guzman -Newton recused herself and left the Council chambers. Motion and Discussion: Councilmember Jones moved to approve permits and licenses for TransRockies 5th Annual Moab Rocks three-day Mountain Bike Race Festivities April 13 to 16, 2018, including Granting of Local Consent for a Single Event Alcohol Permit, with conditions. Councilmember Duncan seconded the motion. Carmella Galley answered questions from Councilmember Derasary about the anticipated number of attendees. Councilmember Jones asked if outside entities were starting to look elsewhere for venues due to the City's growing reluctance to allow special events at Swanny Park. Councilmember Duncan added the numbers will swell. Galley confirmed there had been no complaints about this recurring event. Discussion followed regarding code governing special events and park uses. Vote: The motion failed 2-1 aye with Councilmembers Jones and Duncan voting aye and Councilmember Derasary voting nay. Groff: Amplified Music —Approved Motion and Vote: Jones moved to approve a Request by Bill Groff for Amplified Music at Old City Park on June 1, 2018. Councilmember Duncan seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye. Moab Music Festival: Amplified Music —Approved Motion and Vote: Councilmember Duncan moved to approve a Request by Moab Music Festival for Amplified Music at Old City Park on September 3, 2018. Councilmember Derasary seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye. Moab Music Festival: Sun Court —Approved Motion and Vote: Councilmember Guzman -Newton moved to approve a Request by Moab Music Festival for Use of the Sun Court on August 31, September 7 and 9, 2018. Councilmember Jones seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman - Newton and Duncan voting aye. Nom Nom Doughnuts —Approved Motion and Vote: Councilmember Duncan moved to approve a Private Property Vendor License for Melissa Mattson, doing business as Nom Nom Doughnuts, located at 391 South Main Street for a term of March 29 to June 4, 2018 and September 8 to November 12, 2018. Councilmember Jones seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye. Old Business: (1:51 on recording) Procurement and Ethics Code Changes —Amended Motion Approved Motion and Discussion: Councilmember Jones moved to approve Changes to Sections 2.01 and 2.28 of Moab Municipal Code Regarding Procurement and Ethics — Proposed Ordinance #2018-03 — An Ordinance Amending City Procurement Procedures, Amending Certain Ethics Provisions, and Providing for Disclosure of Transactions in Which City Employees or Officials may have a Personal Interest. Councilmember Duncan seconded the motion. City Manager Everitt briefly described the written feedback from councilmembers regarding certain paragraphs of the proposed code changes. Councilmember Jones moved to strike language regarding local preference for businesses within a 20- mile radius of city limits, and keep preference for City businesses. Councilmember Duncan seconded the Page 4 of 7 March 13, 2018 Page 52 of 338 1-1 Minutes motion. After discussion regarding local business preference and parliamentary procedure, Jones withdrew his motion and Duncan agreed to withdraw the motion. City Manager Everitt then suggested the Council review all of the proposed changes, and if agreeable, to then amend the original motion to incorporate all the changes. More discussion ensued regarding specific parts of the code section involving local vendors and awarding of bids. Councilmember Derasary opened a discussion about changes to the procedures of how council reviews the bills. Derasary requested that the independent auditor be apprised of the change to procedure. More clarification of the proposed edits to the motion ensued, and Councilmember Jones proposed an amended motion incorporating the first, second and third amendments as worded in the written amendment sheet. Councilmember Derasary seconded the motion. Vote: The amended motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye. Local Zoning Authority over Short-term Rental Uses —Approved Motion and Vote: Councilmember Jones moved to approve Reconsideration of A Resolution to Maintain Local Zoning Authority Over Short-term Rental Uses and to simultaneously rescind the previously - approved Resolution #13-2018. Councilmember Guzman -Newton seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye. New Business: (2:29 on recording) Special Events Permitting Discussion Mayor Niehaus opened a discussion regarding policy and the Council role in Special Events Permitting. She suggested amending the park use policy as well as extending the deadline for consideration of permits. Councilmember Jones agreed that Council should work to set policy since dealing with policy issues at the individual event level is disrespectful of applicants. He suggested special events permitting is a hot -button topic in other communities and Moab should look to them to see how their policies have evolved. Jones also suggested the proposed Downtown Plan could include Swanny Park in its scope. City Manager Everitt agreed that not only Swanny Park but also other potential venues in the Downtown Plan area could be discussed. Mayor Niehaus offered that she enjoys events in the City's parks and stated it is important to have policy to guide event planning. Councilmember Guzman -Newton reported on her research regarding a Park City staff member's offer to work with Moab and other municipalities to share their approach to event planning. Councilmember Guzman -Newton asked for clarification regarding a longer application time frame even for small events. Guzman -Newton considered measures of success for special events and applicants. She asked if the City would consider economic success for the applicant or community success, in other terms. City Attorney McAnany brought up the 2017 revision of the special event licensing process found in Chapter 5 of the Municipal Code, which was a result of staff input and work by the special event community. McAnany commented that it became clear there is no one -size -fits -all solution. Councilmember Duncan asked for a copy of the existing policy which council members would be able to comment on. Door Security Upgrade --Approved Motion and Vote: Councilmember Derasary moved to approve Procurement of a Door Security Upgrade Purchase with TJ Communications in an amount not to exceed $49,800. Councilmember Jones seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye. Alcohol in Lions Park --Approved Motion and Discussion: Councilmember Duncan moved to approve Proposed Ordinance #2018-05 — An Page 5 of 7 March 13, 2018 Page 53 of 338 1-1 Minutes Ordinance to amend Chapter 5.20.660 of the Moab Municipal Code by adding Lions Park to the list of City facilities where alcohol may be permitted by the City Council. Councilmember Guzman -Newton seconded the motion. Councilmember Guzman -Newton amended the motion to revise the hours to include noon till 8:00 PM. Councilmember Jones seconded the motion. Councilmember Duncan amended the motion to revise the hours to include two o'clock till 10:00 PM, and there was no second so that amendment failed. Vote: The motion passed 4-0 aye to add Lions Park to the list of City facilities where alcohol may be permitted by the City Council, with hours that alcohol may be served to be noon till 8:00 PM with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye. Film Commission Report (2:54 on recording) Film Commission Director Bega Metzner made the Annual Film Commission Report. She commented that the Moab To Monument Valley Film Commission is the longest -running film commission in the world. She pointed out the importance of networking and outreach in her role. She introduced her new assistant, Olivia Kulander. Councilmember Derasary stated she appreciated the written report. Councilmember Jones asked what deters filmmakers from working in the Moab area, and Metzner suggested is it the lack of state incentives and that the cost of crew accommodations is high. She also mentioned she was working on local hotel incentives and noted crowding in the landscape limited the ability for some filmmakers to work in Moab. Limiting Water Rights Allocations —Discussion (3:04 on recording) Councilmember Jones mentioned local wells which draw from the Valley Fill Aquifer, which he understands is not connected to the City's springs and wells and the Glen Canyon Aquifer; Jones asked if the intention of the resolution was to protect City water rights. Councilmember Duncan offered that the recent United States Geological Survey (USGS) draft study surveyed both of those water sources which provide the groundwater to the area. Sustainability Director Rosemarie Russo and Kara Dohrenwend, Vice -Chair of the City's Water Conservation and Drought Management Advisory Board made a brief presentation of the findings that support proposed Resolution #17-2018 — A Resolution Requesting the Utah Division of Water Rights to Limit New Allocations within Spanish Valley. Dohrenwend explained that in the six months since the Board had been convened, much of the discussion surrounded the concern that there has been an over -allocation of paper water rights when compared to the actual water supply. She went on to explain that the Board considers the continued issuance of water rights to be ill-advised and that closure of the aquifer to new rights allocations, or limitations on new rights should happen sooner than later. Russo stated that several other aquifers in the state have been closed to new allocations and that even if the local allocations were suspended or limited, there would still be water available. Dohrenwend added that a lot can happen in the three-year process to create a groundwater management plan. Mayor Niehaus asked about the origin of the resolution and Councilmember Duncan stated he had written the first draft and the members of the water board had edited it. Dohrenwend added that the topic has been discussed at most of the Water Advisory Board meetings and the Regional Engineer for the Utah Division of Water Rights (UDWRi), Marc Stilson, provided feedback on the draft resolution, and edits were made. Dohrenwend referred to the 1927 Colorado River Compact regarding water right allocations. Councilmember Duncan noted Stilson will not dispute the over -allocation of rights in our region. He continued that the Groundwater Management Plan will take some time and the first phase is to conduct an adjudication process, which has just begun. He speculated that Stilson would not take action on the City's resolution until the Plan is in place. City Manager Everitt noted that San Juan County has been allocated 500 acre-feet of new rights. Mayor Niehaus offered that a similar resolution regarding housing went through several iterations and asked if the expectation was that the City would carry this resolution forward. Dohrenwend stated the Council Page 6 of 7 March 13, 2018 Page 54 of 338 1-1 Minutes should decide if there is agreement with the resolution's premise and whether the Council would care to change or adopt the resolution. She confirmed that the Water Conservation Advisory Board spent several months gathering information and forming the case for requesting the closure of the aquifer or for limiting new allocations. Councilmember Duncan acknowledged it is a very technical subject and after lengthy deliberation is now comfortable with the findings and the proposed direction. Russo offered to get the Board's reference guide for water supplies, current usage and rights to the Council. Mayor Niehaus asked the Council for their input on how to proceed. Councilmember Duncan stated he was comfortable with it and was amenable to the opinions of other Councilmembers. Councilmember Jones stated he would like more time and asked about the findings of the USGS study. Dohrenwend answered that the group, like Kolm and van der Heijde, only have preliminary findings but that the Board felt strongly enough about the draft findings that action was needed; she indicated that the final peer -review may take a long time. Councilmember Derasary stated she was supportive and wanted to know if there would be further data that would inform whether closing or limiting allocations from the aquifer would be more appropriate. Dohrenwend answered that some long-time landowners may be disenfranchised if they take action to build a well and find they are not able to obtain rights. Russo added that the State Engineer acknowledged that we are in a drought right now and climate change could impact the water supply by up to thirty percent. City Manager Everitt suggested staff should take some time to review the proposed resolution. City Attorney McAnany proposed that review needed to be done to determine if the State Engineer has the authority to close the aquifer. Pedestrian Bridge —Approved (3:28 on recording) Motion and Vote: MD moved to approve Procurement of a Pedestrian Bridge from Contech Engineered Solutions in an amount not to exceed $31,015. Councilmember Guzman -Newton seconded the motion. The motion carried 4-0 aye. MARC Side Yard Project --Approved Motion and Vote: Councilmember Jones moved to approve Procurement of a Concrete Project for the Moab Arts and Recreation Center Side Yard Renovation Project from Straightline Contracting in an amount not to exceed $28,890. Councilmember Guzman -Newton seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye. Surplus Property --Approved Motion and Vote: Councilmember Derasary moved to approve a request of Surplused City Property by Moonflower Market. Councilmember Guzman -Newton seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye. Approval of Bills Against the City of Moab: Councilmember Guzman -Newton moved to pay the bills against the City of Moab in the amount of $1,670,594.21. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Derasary, Jones, Duncan and Guzman -Newton voting aye. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Derasary seconded the motion. The motion carried 4-0 aye, with Councilmembers Derasary, Jones, Duncan and Guzman - Newton voting aye. Mayor Niehaus adjourned the meeting at 9:39 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 7 of 7 March 13, 2018 Page 55 of 338 1-1 Minutes MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING March 20, 2018 Regular Meeting & Attendance: 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. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre -Council Workshop: Mayor Emily Niehaus called the Workshop to order at 6:00 PM. In attendance were Councilmembers Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd, Karen Guzman -Newton and Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Records/Project Specialist Eve Tallman, Communications Director Lisa Church, Public Works Director Pat Dean, City Treasurer Jennie Ross and Police Chief Jim Winder. The Workshop involved a discussion regarding Ordinance Code Revisions to Moab Municipal Code Chapter 2. The Council and Mayor reviewed changes by paragraph regarding roles, procedures and duties of City Council including the Mayor, and the appointment, powers and duties of the City Manager, Assistant City Manager/Recorder, City Attorney and Planning Commission. Regular Meeting Called to Order: (1:00 on recording) Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. Thirty-three members of the public and media were present. Mayor and Council Reports: Mayor Niehaus reported she attended a meeting with the Utah Department of Transportation (UDOT) that reviewed the bypass topic. Niehaus also noted she had accepted an appointment to the Utah State University (USU)-Moab steering committee. Councilmember Duncan mentioned he had also attended the USU-Moab steering committee meeting. Councilmember Derasary reported she attended a meeting of the Canyonlands Health Care Special Services District where work on the bylaws occurred. Councilmember Guzman -Newton reported on meetings of the school board and with the superintendent of schools. Councilmember Knuteson-Boyd reported on her recent trip to Washington, DC regarding the Uranium Mill Tailings Remedial Action (UMTRA) Project funding: During the week of March 13th-17th 2018, Mary McGann, County Council Chair and Chair of the UMTRA Steering Committee, Joette Langianese, UMTRA Steering Committee and she traveled from Moab to Washington DC to respectfully request that Congress appropriate increased funding for the UMTRA project. She reported that McGann had provided a handout for each representative the team visited with, and as Chair of both County Council and the Steering Committee took the lead in speaking. Langianese, because she had worked on the UMTRA project for many years, provided extensive background information about the project to each aide, intern and staff member as well. Councilmember Knuteson-Boyd indicated she went as a representative for the City of Moab, in Rani Derasary's place as Derasary had been the City Liaison to the UMTRA Steering Committee for a couple of years and unable to make the trip this year. Knuteson-Boyd Page 1 of 7 March 20, 2018 Page 56 of 338 1-1 Minutes said she was also able to fill in some historical information regarding the tailings pile and City and County efforts over the past 15 years or so. She said the team met with the entire Utah delegation, including Senators Orrin Hatch and Mike Lee, Representatives John Curtis, Mia Love, Chris Stewart and Rob Bishop. She mentioned the team also met with Senators Jeff Flake and John McCain of Arizona and Diane Feinstein of California, and Representatives Grace Napolitano and Duncan Hunter of California and Tom O'Halleran, Raul M. Grijalva, Ruben Gallego and Paul Gosar of Arizona. She added a meeting with several Department of Energy (DOE) officials was also scheduled and included Doug Little, Deputy Assistant Secretary for Intergovernmental and External Affairs, Stephan R. Tetreault, Strategic Communications Specialist for the Office of Environmental Management, and Roger A. Jarrell II and Kenneth G. Picha, Jr. both Senior Advisors for the Department of Energy. She reported the team was asking all the members of Congress and the DOE to fund the UMTRA project at 45 million dollars yearly; she stated if they were to do so it is estimated the project would be completed by 2025. Knuteson-Boyd concluded her report by stating that she received emails from Representatives Curtis, Love and Stewart that a request for funding was sent to the Appropriations Committee. The delegations of the down river users also indicated that they would support the request in their appropriate committees. She said that she felt that the Moab group was successful and did what they were tasked to do and thanked the Council for their confidence in her as a representative of the City of Moab, and noted it was an honor and a privilege. Administrative Reports: City Manager Everitt noted the budget process continues. He reported he had attended a UDOT meeting in Springdale. Everitt also mentioned the near -completion of the Wattsmart program as prepared by Dr. Russo, the City's Sustainability Director. Councilmember Duncan asked about the process for considering funding requests from non -City agencies, and Everitt replied there would be a public hearing in May. Student of the Month: Mayor Niehaus presented Nash Francom with the Mayor's Student Citizenship of the Month Award for March, 2018 for Moab Charter School. Citizens to be Heard: (1:12 on recording) Chuck Nichols stated he was the owner of the Poison Spider building and he spoke against having the Main Street parking lane eliminated. He added he believed a bike lane would be dangerous there. He said there had been no dialog or information from the City regarding the proposed parking change. He cited loss of revenue, layoffs, less tax revenue for the City, and diminished property values due to the proposed construction. Nichols suggested reducing the speed limit to 30 miles per hour at the Colorado River bridge. He also suggested a draft plan for a bike lane on the west side of town that is not on Main Street. He requested the Council to listen to the North Main Street business owners and emphasized Moab should be a stakeholder with UDOT. He concluded with comments about the option ten years ago for a bypass, which was declined. Sara Melnicoff spoke in favor of the Arches Reservation System. She expressed that the Park should preserve what we're asking people to come and enjoy. Dorothy Byrd spoke in favor of approving liquor licenses, more events in Swanny Park, preserving parking on Main Street, adding entrances to Arches National Park, and creating a direct link from Arches Park to Deadhorse Point State Park. Page 2 of 7 March 20, 2018 Page 57 of 338 1-1 Minutes Sandy Norton stated she operated a real estate office on North Main Street which relies on Main Street parking. She recommended one southbound lane into town and two northbound lanes exiting Moab. She added that cars parked along Main Street give a buffer to pedestrians, and also recommended a 30 mile per hour speed limit. She mentioned the Council and impact on UDOT. Chuck Schildt of the Hogan Trading Post submitted written comments: "Hogan Trading Post at 100 South Main is against eliminating any parking on Main Street in the downtown area. We sell lots of large items that visitors take with them. We are not a t-shirt shop. Our visitors need parking on Main Street. We also get lots of deliveries from UPS and FedEx and where will they park? We sell furniture and need parking to load and unload our products." Carol Hilgenfeld stated that North Main and any Main Street parking is vital. She added that downtown will lose a lot of business if Main Street parking is taken away. Pam Schocknmyer said there was a lot of business lost on Main Street during the recent construction. She added that the potential for parking structures is great but don't take away existing parking. Tony Lema spoke about the proposed loss of parking on Main Street. He stated he was against taking away parking and was not opposed to parking structures. He added that side street parking will cause great congestion and cited a huge loss of business over the winter due to construction. He said the loss of business meant loss of tax revenues for the City. He stated that a truck bypass will also affect locals due to the narrow valley. He requested all contact information for the entities involved in the proposed highway widening project. He suggested a survey of business owners and better communication. Walt Dabney spoke in favor of the Arches Reservation System. He mentioned he is the former Superintendent of Arches and mentioned $35 to 50 million in improvements made to the Park during the 1990s and now visitation has doubled. He added that the Park at that time looked at a transportation system and said it was difficult and expensive and cited the example of Zion. He said reservations are common in National Parks. He noted reservations are required by the Bureau of Land Management, the White House, and more. He expressed that the reservation system could extend the season. His written comments added: "We need to try the proposed reservation system and see if that works for all. The status quo is not workable and is frustrating many visitors." Jack Meyer spoke about carbon pricing and climate change. He said a solution could involve carbon credit. He requested Council to consider a resolution to request action by the state legislature. Student of the Month: Mayor Niehaus presented Delanie Davis with the Mayor's Student Citizenship of the Month Award for March, 2018 for Helen M. Knight Elementary School. SPECIAL EVENTS/VENDORS/BEER LICENSES: Transrockies—Approved Motion and Discussion: Councilmember Jones moved to approve a Reconsideration of TransRockies 5th Annual Moab Rocks three-day Mountain Bike Race Festivities April 13 to 16, 2018 including Approval of Special Event Application, Approval of Special Use of Swanny City Park, and Approval of Special Event Beer License. Councilmember Derasary seconded the motion. Councilmember Guzman -Newton recused herself and left the chambers. Councilmember Jones stated he was in favor of the event and it was a Page 3 of 7 March 20, 2018 Page 58 of 338 1-1 Minutes good addition to shoulder -season activities. Councilmember Knuteson-Boyd stated the applicant made concessions. Councilmember Duncan noted complaints from the community regarding use of the Park. Vote: The motion passed 4-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd and Duncan voting aye. Antica Forma —Approved Motion and Vote: Councilmember Duncan moved to approve a Class II Beer License for Jody Smith, doing business as Antica Forma, Located at 267 North Main Street. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Councilmember Duncan moved to grant Local Consent for a Full -Service Restaurant Liquor License for Antica Forma, Located at 267 North Main Street. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Josie Wyatt's—Approved Motion and Vote: Councilmember Jones moved to grant Local Consent for a Hotel Liquor License for Josie Wyatt's LLC, Located at 51 North 100 West. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Moab Kitchen —Approved Motion and Vote: Councilmember Duncan moved to approve a Private Property Vendor License for Helene Rohr, doing business as Moab Kitchen, LLC, Located at 239 West Center Street for a term of March 27, 2018 to March 26, 2019. Councilmember Guzman -Newton seconded the motion. Councilmember Jones amended the motion to include wording regarding additional seating. Councilmember Guzman -Newton seconded the motion. Rohr stated she was offering vegan fare. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Miguel's Baja Grill —Approved Motion and Vote: Councilmember Derasary moved to approve a Class II Beer License for Juan Jacobo Flores, doing business as Miguel's Baja Grill. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Councilmember Jones moved to grant Local Consent for a Full -Service Restaurant Liquor License for Miguel's Baja Grill Located at 51 North Main Street. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman - Newton and Duncan voting aye. Old Business: (1:51 on recording) Support for Arches National Park Reservation System —Tabled Discussion: Councilmember Duncan mentioned that the resolution was tabled three weeks prior and the Chamber of Commerce offered to host a public meeting between the Park superintendent and local business owners. Subsequently, Duncan said, the Chamber withdrew that offer. He added that in the last few days, the National Park Service (NPS) hired a consultant to conduct an economic impact study of initiating a reservation system for the Park. He concluded that he wanted to table the motion of support until after the study. Page 4 of 7 March 20, 2018 Page 59 of 338 1-1 Minutes Mayor Niehaus spoke about listening to business owners and stated she appreciates the leadership of the NPS. She also mentioned the forthcoming economic impact study. Councilmember Derasary stated the reservation system is the best potential step forward and there is no need to wait on the resolution stating support. Councilmember Knuteson-Boyd stated there is nothing in the resolution that binds the NPS to anything. She added the economic study results will be integrated into whatever the Park decides. She added that good points have been made, and it is not in the NPS mission to support neighboring economies. She cited her recent visit to Glacier National Park, where the crowded conditions caused her to curtail her vacation and leave the area. She mentioned that tabling the Council motion becomes absurd. She stated she is in support of the resolution. Councilmember Jones stated he encourages the NPS to interact with stakeholders. He added that delaying is not beneficial. He added that the impact of phasing will be softer and he is ready now. Councilmember Guzman -Newton stated she is for the reservation system. She mentioned her disappointment that businesses didn't engage sooner. She added the NPS had extended the comment period. She concluded by saying that, in light of the economic study, she prefers to wait. Mayor Niehaus proposed an added paragraph. Councilmember Duncan expressed his opinion that, if the economic impact is adverse, the City can change its stance. He added that more data is useful. Councilmember Knuteson-Boyd asked how long do we let this go? She cited many comments based in fear and unknowns. She expressed her concern about having a hard date for reconsideration in the event of a motion to table. Motion and Vote: Councilmember Guzman -Newton moved to table Proposed Resolution #14-2018 — A Resolution Supporting the Proposed Arches National Park Reservation System. Councilmember Duncan seconded the motion and then amended the motion to table until an independent study can be completed in a timely fashion or a recommendation can be made in time to impact the decision regarding implementation of a reservation system for Arches National Park, whichever comes first. Councilmember Guzman -Newton seconded the amended motion to table. The motion to table passed 3-2 aye to table with Councilmembers Knuteson-Boyd, Guzman -Newton and Duncan voting aye and Councilmembers Jones and Derasary voting nay. New Business: Arches Area Hotspot Project —Approved Discussion: City Manager Everitt described the downtown master planning project and indicated the City was in a position to obtain funding to help solve recreation -related traffic congestion. He added that the city was hiring consultants to assist with the parking plan. He predicted the City could get five to ten million dollars to relieve traffic congestion. He reported that UDOT estimates there are 16,000 vehicles per day traveling through downtown, and that 65 percent are automobiles and the rest are large trucks. He described options being considered for the Hotspot project, including parking structures, dispersed parking lots, Main Street parking, bike routes, and a bypass. Councilmember Page 5 of 7 March 20, 2018 (2:09 on recording) Page 60 of 338 1-1 Minutes Guzman -Newton asked if it was free money from the legislature, and Councilmember Duncan asked if the City could define its priorities. City Manager Everitt stated the proposed plans are very preliminary. He added that if the area receives funding there should be flexibility regarding how the money is spent and the City is under no obligation to have it be spent. Councilmember Duncan said he wanted to hear from the public. Mayor Niehaus stated there would be ample public input which would include businesses. Councilmember Knuteson-Boyd said she was on the hotspot committee and that the plan includes the Moab area and some of the plan area is outside the city limits. She said there is an April 13 deadline to apply. There was discussion about the downtown planning process and the relationship with this hotspot project, as well as discussion about the length of Main Street beyond the downtown area. A survey on the City's website was suggested. Councilmember Jones read part of the resolution and stated his desire to move forward with the resolution. Councilmember Derasary asked for clarification on the alternatives. City Manager Everitt stated that the alternatives need to meet the criteria for the project. He expressed his opinion that UDOT has evolved their opinion and that their aim is not only to move vehicles through Moab safely and efficiently but they also consider the quality of life. Councilmember Knuteson-Boyd suggested the City ask UDOT to engage the public more. Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #19-2018 — A Resolution in Support of the Utah Department of Transportation's (UDOT) Request for Funding for Arches Area Hotspot Project. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-1 aye with Councilmembers Jones, Derasary, Knuteson-Boyd and Guzman -Newton voting aye and Councilmember Duncan voting nay. Grand County Emergency Medical Services —Approved Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #20-2018 — A Resolution Regarding Participation in the Grand County Emergency Medical Services Special Service District (EMS SSD). Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Assured Housing —Discussion Grand County Community and Economic Development Director Zacharia Levine briefed the Council on the Assured Housing Study. He outlined the results of the inquiry into the feasibility of imposing a fee on business to create an assured housing fund. He stated it was found that the only viable category would be tourist lodging. He added that if a policy was in place to levy such a fee since 2010, it would have generated the equivalent of 23 affordable housing units. He said the next step was for the NEXUS study to evaluate further options. He outlined his role with regard to policy development, data analysis, the affordable housing plan, facilitating the public process. Levine requested a vote of support from the Council to move forward. Budget Process —Discussion City Manager Everitt presented a Budget Process Orientation for Fiscal Year 2018-19 and Review of Fiscal Year 2017-18 to date. He outlined key dates and stated the revenues projected by the financial forecaster were very close to what he had estimated. He stated that work was ensuing to ensure the City met its balanced budget requirement. Approval of Bills Against the City of Moab: Councilmember Guzman -Newton moved to pay the bills against the City of Moab in the amount of $155,185.85. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Page 6 of 7 March 20, 2018 Page 61 of 338 1-1 Minutes Adjournment: Councilmember Derasary moved to adjourn the meeting. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson- Boyd, Duncan and Guzman -Newton voting aye. Mayor Niehaus adjourned the meeting at 9:36 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 7 of 7 March 20, 2018 Page 62 of 338 1-1 Minutes Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 6-1 Title: Approval of the Farmers Market to be held at Swanny City Park each Friday from May 2018 through October 2018. Date Submitted: March 1, 2018 Staff Presenter: Carmella Galley Attachment(s): Special Event Application Special Use of Park Application Fee Waiver Request Fee Waiver Policy Options: Approve, deny, or modify. Recommended Motion: I move to adopt the "Farmers Market to be held at Swanny City Park each Friday from May 4, 2018 through October 26, 2018." Background/Summary: The Southeastern Utah District Health Department has applied for use of Swanny City Park as well as a Special Business Event License to conduct their weekly Farmer's Market at Swanny City Park on Friday evenings. In previous years the weekly market has been conducted with no major issues. This event does not require law enforcement it does require communication with the Parks Superintendent for correct set up at the park. The Special Events Committee has reviewed the application and supporting material and recommends approval of the event and use of the park with conditions listed below. Staff recommends Approval of the Special Events License and Special Use of Swanny City Park with the following conditions: 1) Organizer will provide an updated vendors list each week one day prior to the event; Page 63 of 338 6-1 Special Events/Permits 2) Organizer will keep the event confined to the park area indicated on the submitted application; 3) Organizer will actively inform participants and vendors of the Park Policy regarding no dogs or other animals in Swanny City Park; 4) There will be no vehicles parked/driven on the lawn; 5) Organizer will communicate with the Parks Superintendent concerning electrical needs for the event as well as location of tents; 6) Organizer will contact Monument Waste and Green Solutions for extra pick-ups of trash and recycling; 7) Organizer will coordinate with other organizers and the city concerning the sharing of Swanny Park for other possible events that may be scheduled during the markets event. For example: Free Concert Series (if approved), Free City run Movies in the park, Moab Arts Festival (if approved). In the past each of these events have coordinated and worked together very well. The Southeastern Utah District Health Department has requested a waiver of fees for the weekly Farmer's Market for events beginning on May 4 and ending on October 26, 2018. The fees would include: Park Use Fee @ $105/ week for 30 weeks= $3150 Damage& Clean Up Fee @ $150/week for 30 weeks=$4500 Special Event Fee =$200 The total in fees would come to= $7850.00 If granted the Special Events Committee requested fees waived not to exceed $7850.00. Page 64 of 338 6-1 Special Events/Permits CITY OF M [lip; SPECIAL EVENT CHECKLIST 217 East Center Street, Moab, Utah 84532 Complete applications must be submitted to the City six to eight weeks before the event is scheduled to take place. Applications submitted to the City less than six weeks will not be accepted by the City. ❑ 1. Complete Special Event Application. ❑ 2. Detailed Event Site Plan. Must include Street Names, Placement of Barricades, Road/Sidewalk Closures, Vendor/Merchant Parking, Vendor Booth Placement, Inflatables, Amusement Devises, Table Placement, Portable Toilet Placement, Fencing, Tents Placements, etc. ❑ 3. Security Plan. Must provide Names of Security Personal, Ages and Contact information. ❑ 4. Proof of Insurance naming the City of Moab as additional insured. Insurance is required when the event is held at a City Facility, Park, Road Closure or Sidewalk Closure. (Please see the example insurance certificate for amounts of insurance coverage and language required to be on the insurance certificate.) ❑ 5. Insurance for each vendor naming the City of Moab as additional insured. Insurance is required when the vendor is vending at a City Facility or Park. (Please see the example insurance certificate for amounts of insurance coverage and language required to be on the insurance certificate.) ❑ 6. Proof of Park Reservation or City Facility Reservation. ❑ 7. Encroachment Permit Application and Plan. (Required for Road/Sidewalk Closures.) ❑ 8. Written Authorization for Events held on Private Property from the Property Owner. ❑ 9. Temporary Sales Tax Number for Event and Vendors. Please contact State of Utah Special Events Tax Division 801-297-6303. ❑ 10. Health Department Approval for Any Food Provided at the event. Southeast Utah Health Department 575 S. Kane Creek Blvd., Moab, UT 84532.435-259-5602. • City Use Agreement (Is required for certain City properties. City will provide the Agreement if required.) 12. Applicable Fees. n 13. Other Requirements: Review Process Information The application will be submitted to the event committee for their recommendation of approval. The applicant will be contacted by the City with comments/concerns from the event committee. Comments/concerns of the committee must be resolved by the applicant prior to the City approving the event permit. City Council approval is required for Single Event Alcohol Permits. Questions, please contact Carmella Galley at 435-259-5121 or by e-mail at events@moabcity.org. Page 65 of 338 6-1 Special Events/Permits 3/1/2018 Date Received Application: Receipt Number. Date Paid Amount Paid: SPECIAL EVENT PERMIT APPLICATION CITY OF MOAB City of Moab Special Events 217 East Center Street Moab, UT 84532 CITY OF MOAB Phone: 435-259-5121 E-mail: events@moabcity.org APPROVALS: City: Date: Fire: Date: Conditions of approval: Other Staff Approval: Date TYPE OF ACTIVITY check all that apply: n Cycling ❑ 5K ❑ Training Event ❑ Festival ❑ Film Production ❑ Parade n Sporting ❑ 1 OK ❑ Block Party ❑ Religious ❑ Outdoors Sales ❑ Fun Run n Dance ❑ Other Please print or type EVENT NAME: 1. Location of Event: 2. Location of Event: 3. Name of Organization: 4. Date (s) of Event: Start Date: Start Time: 5. EVENT DETAILS Event Location 1 Date(s): Start time: End time: Set-up Date(s): Start time: End time: Clean-up Date(s): Start time: End time: Event Location 2 Date(s): Start time: End time: Set-up Date(s): Start time: End time: Clean-up Date(s): Start time: End time: Is this a recurring event? If yes; daily, weekly or other? Is this an Annual Event? If yes; same date and place? 5. PARTICIPANTS Number of participants expected: Number of Volunteers/Event Staff: n Open to the Public ❑ Private Group/Party If event is open to the public, is it: ❑ Entrance Fee/Ticketed ❑ Fee for Participants/ Event? Racers/Runners Only Page 66 of 338 6-1 Special Events/Permits 6. APPLICANT INFORMATION Name of Applicant: Address: Day Phone: Cell/Other: E-Mail: Mailing Address (if different): Event Web Address (if applicable): Alternate Contact For Event: Cell Phone/Other: Cell/other: E-mail: Page 67 of 338 6-1 Special Events/Permits 7. VENDORS/FOOD/ALCOHOL check all that apply Vendors/Merchants Are Vendors Merchants Selling Products or Services? Yes No If yes, Temporary Sales Tax Numbers are required from State Special Event Tax Division 801-297-6303 Is Food available at the event I Yes U No Is the food (please check all that apply) Given away Catered by restaurants/Vendors Prepared on site Events which have Food available must contact the SE Utah Health Dept., for approval 435-259-5602 Alcoholic Beverages will be available at the event I I Yes U No Please check applicable Beer Stands Fenced in Beer Garden Selling, Serving, Giving Away, Alcohol at an event requires City Council, City Business License and State Of Utah Department of Alcoholic Beverage Licensing for state approval 801-977-6800 8. TENTS/STAGES/STRUCTURES (include details on site map) ❑ Tents/Pop-up Canopies ❑ Yes ❑ No How many Tents/Pop-up Canopies will be used for the event? Dimensions of Tents/Pop-up Canopies: All Enclosed Tents and Pop-up Canopies require inspections from the Moab Valley Fire Department 435-259-5557 and can not be staked into the ground. ❑ Temporary Stage Dimensions: Description of Tents/Canopies/Stage, etc.: 9. SITE SETUP/SOUND check all that apply (please include details on site map) Fencing/Scaffolding Barricades Portable Sanitary Units Music if yes, check all that apply PA/Audio System Type/Description: Acoustic Amplified (must obtain privately) (must obtain privately) (must obtain privately) Fireworks / Fire Performances / Open Flame Propane/Gas On site Trash/Recycle Bin coordination On Site Requires approval from Moab Valley Fire Dept. (435) 259-5557 Requires approval from Moab Valley Fire Dept. (435) 259-5557 Monument Waste (435) 259-6314 Green Solutions (435) 259-1088 10. ROAD & SIDEWALK USE please include details ❑ Will Roads & Sidewalks Be Used? ❑ Yes ❑ No ❑ Are you requesting Road Closures? ❑ Yes ❑ No on site map An Encroachment Permit is required for Road Closures and Sidewalk Use. To obtain the permit, please contact Moab City Public Works Dept., 435-259-7485. U Road Use and Closure Location: U Sidewalk Use Location: U Parade Location: U Will stay on sidewalks and follow pedestrian laws Number of Floats: / /. Application fee is based on attendance as followed: ❑ $200.00 for attendance under 300 ❑ $400.00 for attendance over 300 Total: $ By submitting a signed application, the applicant certifies that falsifying any information on this application constitutes cause for rejection or revocation of the Permit. Print Applicant's Name Applicants Signature Page 68 of 338 Date 6-1 Special Events/Permits EVENT DESCRIPTION PLEASE DESCRIBE YOUR EVENT IN DETAIL ADD ANY ADDITIONAL INFORMATION OR PAGES • Please be sure to include any elements of your event that will help with the approval of the event. Page 69 of 338 6-1 Special Events/Permits DETAILED SITE MAP PLEASE INCLUDE OR ATTACH A DETAILED SITE PLAN AND/OR ROUTE MAP. COMPUTER OR HAND -DRAWN SITE PLANS ARE APPROPRIATE. Be aware that if you are faxing a map, many elements may not be visible. Your map should include: ▪ The names of streets, placement of barricades, and/or road closures The areas where participants and vendors/merchants will park - Parade forming and disbanding areas, bleachers, etc. ▪ Vendor and booth placement, tables, etc. ❑ Portable Toilets, fencing ❑ Location of Security Personal, information booth, lost and found booth ❑ Stage, Tents and materials, storage, etc. used in the event. North Page 70 of 338 6-1 Special Events/Permits :ial Ev 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 OWNERS NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE No TAX ID D ll a To be submitted weekly b mts/Permits 09/08/03 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Events Coordinator's office at not less then 60 (sixty) days prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fees, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: Name of Organization and Event if applicable: Address: Day Phone: Email: Proposed Park Usage Information Which park to you intend to use? Swanny Park. Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date: Start Time: am/pm End Time• am/pm Proposed End Date: Start Time. am/pm End Time• am/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: Number of spectators that you expect: 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: Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. PLEASE COMA-FE&��ER SIDE 6-1 Special Events/Permits Do you intend for the park to be open to the public during your event? Yes Do you intend to serve/sell alcohol (if so, additional requirements and fees apply) Yes For non-Swanny Park events: Do you plan to charge for admission to the park? Yes Please describe any security or crowd control measures you plan for use of the park: No No No For groups over 100 people, please describe your refuse control and recycling plan: Please describe your clean-up plan during and after the event: Please describe your restroom facility plan: Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person: Date• Office Use Only Public Works Review: Police Department Review: Administrative Review• Park Use Fee: Date Fee Paid• Date of City Council Approval: Insurance Received: Final Set up Diagram Received• Special Conditions or Requirements: Other Required Permits and Approvals Page 73 of 338 6-1 Special Events/Permits MOAEt FARMERS MARKET 3n121a NUVd Turner Lumber 14 tz 12 11 10 9 8.5 8 7 CD 6 5 4 3 2 t1 1 15 16 17 18 t3 1 19 C) = Trees 3 Music Area O 21 20 22 = Sheltered table 23 24 25 26 32 31 30 29 28 27 100 West Page 74 of 338 6-1 Special Events/Permits VV111rIL L.1 1.111, 1 1 III 1 VVV VL.IIttL L. 1111111111111 /"41,11 L11114/1'1111 soITHEAST UTq y HEALTH DEPARTMENT Price: Tel: 435.637.3671 Moab: Tel: 435.259.5602 http://www.seuhealth.com Special Event Name: Primary Contact: Secondary Contact: Dates of Operation: Location: Email: Phone: Phone: The Southeastern Utah Health Department has adopted by reference the current State of Utah, Department of Health, Food Service Sanitation Rule R392-100. The Health Department requires that the special event be responsible for ensuring compliance by food vendors. The Health Department requires that every food booth/truck have at least one person with a valid Food Handlers certificate present during all hours of operation. The Food Service Sanitation Rule requires all food booths to be available for inspection during all hours of operation by the health department. One to Three Day Events Number of Food Vendors Event Plans to Have: Greater than Three Day Events Number of Food Vendors Event Plans to Have: X X $20.00 $50.00 Make Checks Payable to SEUHD Carbon or Emery County Events Mail to: P.O. BOX 800, Price Utah, 84501 Grand County Events Mail to: 575 S. Kane Creek Blvd., Moab Utah, 84532 EVENT MUST PROVIDE A LIST OF VENDORS AND THEIR CONTACT INFORMATION AS WELL AS THEIR MENU ONE WEEK PRIOR TO THE FIRST DAY OF THE EVENT Signature: Date: Page 75 of 338 6-1 Special Events/Permits ISSUER UTAH COUNTIES INDEMNITY POOL PO Box 95730 South Jordan, UT 84095-0730 ERTIFICATE CIF COVERAGE MEMBER SOUTHEASTERN UTAH DISTRICT HEALTH DEPARTMENT 28 South 100 East Price, UT 84501 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND DR ALTER THE COVERAGE AFFORDED TO THE MEMBER SHOWN BELOW. ENTITY AFFORDING COVERAGE Utah Counties Indemnity Pool COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE LISTED BELOW IS PROVIDED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED. THE COVERAGE AFFORDED AS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF THE MEMBERS AGREEMENTS, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. THE LIMITS CF LIABILITY SHOWN REFLECT THE LIMITS AT INCEPTION. THE UTAH COUNTIES INSURANCE POOL DOES NOT ASSUME ANY RESPONSIBILITY FOR NOTIFICATION IN THE EVENT OF DEPLETION OF THE AGGREGATE. TYPE OF COVERAGE GENERAL LIABILITY POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS Comprehensive Form Premises/Operations Products/Completed Operations Contractual Personal Injury AUTOMOBILE LIABILITY Any Auto All Owned Autos Hired Autos Non -Owned Autos Garage Liability AUTOMOBILE PHYSICAL DAMAGE LALL RISK PROPERTY CRIME UCIP-13.100 MM/DD,/YY 01/ 01/ 1993 12:01 am Continuous Until Terminated Bodily Injury and Property Damage Combined Occurrence: $5,000,000 Subject to limits available under the Utah Governmental Immunity Act Bodily Injury and Property Damage iCombined Occurrence: $5,000,000 Subject to limits availabfe under the Utah Governmental Immunity Act Actual Cash Value Subject to $1.000 Deductible Tote]Insured Value Form B - Forgery Alterations Form C1 & C2 - Money & Securities Form F - Computer Fraud Form O - Public Emp. Dishonesty $ 2, 750,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Any and All Negligent Acts of Southeastern Utah District Health Department, Its Employees, Agents or Representatives. CERTIFICATE HOLDER SOUTHEASTERN UTAH DISTRICT HEALTH DEPARTMENT Form too. UCIP 4-00 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING ENTITY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ENTITY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVT If you°:have any questlons, please;.call Sonya Whi#o 801; 07 211,3 Page 76 of 338 6-1 Special Events/Permits f;A.: SOUTHEAST UTAH HEALTH DEPARTMENT c3OMEAST UTq y HEALTH DEPARTMENT www.seuhealth.com 28 South 100 East • P.O. Box 800 Price, Utah, 84501 (435) 637.3671 • Fax: (435) 637-1933 Dave Cunningham, R.N., M.S.N. Dottie Flemett, R.N. Health Director To Whom it May Concern, Nursing Director 575 S. Kane Creek Blvd. • P.O. Drawer E Moab, Utah, 84532 (435) 259.5602 • Fax: (435) 259.7369 25 West Main • P.O. Box 644 Castle Dale, Utah 84513 (435) 381-2252 • Fax: (435) 381-5635 Bradon Bradford, M.S.P.H. Tracy Randall Environmental Health Director Budget and Accounting Officer 2/28/18 I am writing on behalf of the Moab Farmers' Market to ask for a waiver of all fees for the 2018 season. The 2017 season was a success and we were able to come close to breaking even and we project that this will be the case for the 2018 season. That being said if the 2018 fees are not waived by the city it will be difficult, if not impossible for the Market to be financially sound. For the 2018 season the Market is staying on Friday evenings to retain cooperation with the Moab Folk Festival for the Concert Series in July, which has received $16,700 in funding from the Grand County Travel Council. These funds are completely separate from the Market itself. Besides the concert series we also plan to have local and traveling artists play each market of the season. This is made possible by Moab Gear Trader and the MARC's music sponsorship of $100+ per week. I would like to thank the City Council for their support this year and in years past! Sincerely, Shiree Duncan Moab Farmers' Market Manager Page 77 of 338 6-1 Special Events/Permits 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-d facilities. Page 78 of 338 :id Events/Permits Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 6-2 Title: Approval of a Special Event License, Special Use of Swanny City Park, Special Event Beer License and Retail Beer License for the 2018 Moab Free Concert Series to be held at the Friday Farmers Market events on July 6, 13, 20 and 27th. Date Submitted: 3/6/2018 Staff Presenter: Carmella Galley Attachment(s): Special Event Application Special Use of Park Application Retail Beer License Special Event Beer License Local Consent Fee Waiver Request Fee Waiver Policy Options: Approve, deny, or modify. Recommended Motion: "I move to approve a Special Event License and Special Use of Swanny City Park for the 2018 Moab Free Concert Series to be held in July in conjunction with the Friday Farmers Market." Background/Summary: The Moab Folk Festival has worked closely with the Southeast Utah Health Department to continue free concerts at the 2018 Moab Farmers Market. These free concerts will be held at Swanny City Park on selected Friday evenings in July from 4:30-7:30pm; specifically 7/6, 7/13, 7/20, and 7/27. This is a collaboration with the Moab Farmer's Market to stimulate attendance at the market. The Special Events Committee has reviewed the application and supporting material and recommends approval of the event and use of the park with conditions listed below. Page 79 of 338 6-2 Special Events/Permits The Moab Folk Festival is requesting a waiver of the special event and park use fees. (Alcohol Fees cannot be waived) The applicant is requesting approvals for a beer garden within the concert venue and they propose to sell beer from the Moab Brewery. Staff recommends approval with the following conditions: 1) Organizer will communicate with the Parks Superintendent concerning staking and electrical needs for the event as well as placement of any temporary structures. 2) Applicant will keep the event confined to the park area indicated on the submitted application. 3) Applicant will actively inform participants and vendors of the Park Policy regarding no dogs or other animals in Swanny City Park. 4) There will be no vehicles driven/parked on the lawn. 5) Applicant must comply with all DABC regulations. 6) Stage must be removed from park by 10:00 pm as per city code. 7) Organizer will work in conjunction with the Farmers Market as well as the Moab City Movie Night Event to assure a smooth transition from one event to another. The fees for the Moab Free Concert Series are as follows: Special Event Permit- $400 Park Use Fees- 4 days @ $105/day=$420 Park Damage and Cleanup Deposit-4 days@ $300/day=$1200 Retail Beer License $90 Totaling-$2110.00 The organizers are requesting fee waivers not to exceed $2020.00. (note that the waiver of alcohol fees is not permitted by the City Council's fee waiver policy) Page 80 of 338 6-2 Special Events/Permits DatOffeceliied Appttotton,: Receipt: NtYrrb�er SPECIAL EVENT PERMIT APPLICATION CITY OF MOAB Fite Paid ` HInlcltht�Patd;;° CITY OF NIOAB City of Moab Special Events Phone: 435-259-5121 217 East Center Street E-mail: Moab, UT 84532 events@moabcity.org APPROVALS: City: Date: Fire: Date: Conditions of approval: Other Staff Approval: Date TYPE OF ACTIVITY check all that apply: ❑ Cycling ❑ 5K ❑ Training Event ❑ Festival ❑ Film Production ❑ Parade ❑ Sporting ❑ 10K ❑ Block Party ❑ Religious ❑ Outdoors Sales ❑ Fun Run ❑ Dance 0 Other Free Concert Series Please print or type EVENT NAME: Moab Free Concert Series 1. Location of Event: Swanny City Park 2. Location of Event: 3. Name of Organization: Friends of the Moab Folk Festival 4. Date (s) of Event: July 6, 13, 20, and 27 Start Date: July 6th Start Time: 4:30Pm 5. EVENT DETAILS Event Location 1 Date(s): July 6, 13, 20, 27 Start time: 4:30 End time: 7:30 Set-up Date(s): July 6, 13, 20, 27 Start time: 8 AM End time: Clean-up Date(s): July 6, 13, 20, 27 Start time: 8 PM End time: 11 PM Event Location 2 Date(s): Start time: End time: Set-up Date(s): Start time: End time: Clean-up Date(s): Start time: End time: Is this a recurring event9 Yes If yes; daily, weekly or other? Weekly during the month of July Is this an Annual Event? Yes If yes; same date and place? yes 5. PARTICIPANTS Number of participants expected: 350 Number of Volunteers/Event Staff: 25 ❑x Open to the Public ❑ Private Group/Party If event is open to the public, is it: ❑ Entrance Fee/Ticketed ❑ Fee for Participants/ Event? Racers/Runners Only Page 81 of 338 6-2 Special Events/Permits 2 6. APPLICANT INFORMATION Name of Applicant: Friends of the Moab Folk Festival/ Melissa Schmaedick Address: 290 S. 200 E. Moab, UT 84532 ivieiissa Day Phone: 435-259-3198 Cell/Other: 435-260-9964 Mailing Address (if different): E-Mail: info@moabfolkfestival.com PO Box 1012 Moab, UT 84532 Event Web Address (if applicable): www.moabfreeconcerts.com Alternate Contact For Event: Cassie Paup Cell Phone/Other: 970-261-9434 CeWother: E-mail: cassie@moabfolkfestival.com Page 82 of 338 6-2 Special Events/Permits 3 7. VENDORS/FOOD/ALCOHOL check all that apply Vendors/Merchants Are Vendors Merchants Selling Products or Services? Yes No If yes, Temporary Sales Tax Numbers are required from State Special Event Tax Division 801-297-6303 Is Food available at the event [ Yes UNo Is the food (please check all that apply) Given away Catered by restaurantsNendors Prepared on site Events which have Food available must contact the SE Utah Health Dept., for approval 435-259-5602 I 1 Alcoholic Beverages will be available at the event I xi Yes U No Please check applicable Beer Stands Fenced in Beer Garden Selling, Serving, Giving Away, Alcohol at an event requires City Council, City Business License and State Of Utah Department of Alcoholic Beverage Licensing for state approval 801-977-6800 8. TENTS/STAGES/STRUCTURES (include details on site map) r(Tents/Pop-up Canopies NrYes ❑ No How many Tents/Pop-up Canopies will be used for the event? 6 Dimensions of Tents/Pop-up Canopies: 10 x 10 and 12 x 16 All Enclosed Tents and Pop-up Canopies require inspections from the Moab Valley Fire Department 435-259-5557 and can not be staked into the ground. ® Temporary Stage Dimensions: 30 x 24 Description of Tents/Canopies/Stage, etc.: various 10x10-4 12 x16-2 9. SITE SETUP/SOUND check all that apply (please include details on site map) VFencing/Scaffolding (must obtain privately) Barricades (must obtain privately) Portable Sanitary Units (must obtain privately) Nor Music ifyes, check all that apply I I Acoustic I I Amplified VPA/Audio System Type/Description: Fireworks / Fire Performances / Open Flame Propane/Gas On site VTrash/Recycle Bin coordination On Site Requires approval from Moab Valley Fire Dept. (435) 259-5557 Requires approval from Moab Valley Fire Dept. (435) 259-5557 Monument Waste (435) 259-6314 Green Solutions (435) 259-1088 ./0. ROAD & SIDEWALK USE please include de ils on site map ❑ Will Roads &Sidewalks Be Used? ❑Yes ►. o ❑ Are you requesting Road Closures? ❑ Yes 4 No An Encroachment Permit is required for Road Closures and Sidewalk Use. To obtain the permit, please contact Moab City Public Works Dept., 435-259-7485. U Road Use and Closure Location: U Sidewalk Use Location: LJ Parade Location: U Will stay on sidewalks and follow pedestrian laws Number of Floats: H. Application fee is based on attendance as followed: (Other fees may apply after review by Events Committee) ❑ $200.00 for attendance under 300 ❑ S400.00 for attendance over 300 Total: $ Because of the economic benefits of this event, we are requesting a waiver of fees. By submitting a signed application, the applicant certifies that falsifying any information on this application constitutes cause for rejection or revocation of the Permit. Melissa Schmaedick Print Applicant's Name Applicants Signature Date Page 83 of 338 6-2 Special Events/Permits 4 EVENT DESCRIPTION PLEASE DESCRIBE YOUR EVENT IN DETAIL ADD ANY ADDITIONAL INFORMATION OR PAGES • Please be sure to include any elements of your event that will help with the approval of the event. The Moab Free Concert Series(MFCS) is produced by Friends of the Moab Folk Festival, a 501(c)(3) non-profit organization who is donating a significant portion of their time. Friends has 15 years of experience in ntention of increasing attendance and sales. Community partners and sponsors include KZMU, Moab Arts and Recreation Center, Moab Gear Trader, Mnah Area Travel Cnienni( and Mnah City Perfnrmannec will take place on the portable Mnah Community Stage. The entire concert will be surrounded by sturdy event fencing. Volunteers will include set up crew, stage crew, beer sales staff, security and break down crew. Performer lodging and food is donated by local business sponsors. MFCS will begin at 4:30 PM with a local act opening up for the main stage event. The headliner will begin at 5:15 and play two 45 minute sets. MFCS will feature music across a broad spectrum to appeal to as many in our community as possible. MFCS will offer beer for sale in accordance with Moab City ordinances and strict adherence to DABC security measures. It is our intention to provide free entertainment and to foster a local gathering place for families and community members. Surveys distributed during the final concert in 2017 and personal conversations with event attendees indicate broad community support for this event and a strong desire to see it continue and grow. Page 84 of 338 6-2 Special Events/Permits s Moot free 61AcevE6eries ptiktp SWa/7/7y Park 4100 North Street Aquatic Center Outdoor Swimming Pools Playground t irooms Rtnme, < Marie / & Covered Picnic Tables \\\\F\\, \\<i a � Park DM/a 100 50 0 SCALE 3 Picnic Tables 4 100 200 FEET 1" = 1001 L To Main St. One Block Se tv fehc will uVOLUi -` ev,+COvice-Pt PpoeP208r3A8 6-2 Special Events/Permits Carmella Galley <carmella@moabcity.org> Application Review 2 messages Carmella Galley <carmella@moabcity.org> Mon, Mar 26, 2018 at 1:29 PM To: Cassie <cassie@moabfolkfestival.com> Question - Your application says you have 6 pop/up tents. I don't see those on the map. Are they within the beer garden? I am going to get this on the April loth council meeting and will send you a draft of the agenda summary as soon as I complete it. Thank you. eafimieZ Carmella Galley Executive Assistant City of Moab 435-259-5121 The information transmitted is intended only for the person or entity to which it is addressed and may contain CONFIDENTIAL material. If you receive this material/information in error, please contact the sender and delete or destroy the material/information. Please consider the environment before printing this e-mail. Cassie Paup <cassie@moabfolkfestival.com> Tue, Mar 27, 2018 at 2:42 PM To: Carmella Galley <carmella@moabcity.org>, schmaedickusda@citilink.net Hi Carmella, Yes the beer tent has 2. The sound board has one and is located in front of the stage.. Both entrances have one as a cover. We also have one behind the stage for the performers. I am out of the office this week. I can bring you an updated map next Monday. If needed sooner, please contact Melissa 260 9964 Thank you, Cassie [Quoted text hidden] Page 86 of 338 6-2 Special Events/Permits DETAILED SITE MAP PLEASE INCLUDE OR ATTACH A DETAILED SITE PLAN AND/OR ROUTE MAP. COMPUTER OR HAND -DRAWN SITE PLANS ARE APPROPRIATE. Be aware that if you are faxing a map, many elements may not be visible. Your map should include: The names of streets, placement of barricades, and/or road closures The areas where participants and vendors/merchants will park Parade forming and disbanding areas, bleachers, etc. Vendor and booth placement, tables, etc. ❑ Portable Toilets, fencing ❑ Location of Security Personal, information booth, lost and found booth ❑ Stage, Tents and materials, storage, etc. used in the event. North r Pkake See Swavivt� Maio See map on previous page Page 87 of 338 6-2 Special Events/Permits 6 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 10D and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Events Coordinator's office at not less then 60 (sixty) days prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fees, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: Melissa Schmaedick Name of Organization and Event if applicable: Friends of the Moab Folk Festival Address: PO Box 1082 Moab, UT 84532 Day Phone: 435-259-3198/435-260-9964 Email• info@moabfolkfestival.com Proposed Park Usage Information Which park to you intend to use? Swanny Park- Other (please indicate name of park - Please indicate the proposed dates and times of use: Proposed Start Date: 7/8/18 Start Time: 4:30 pm am/pm End Time' 7:30pm am/pm Proposed End Date: 7/27/18 Start Time: 4:30pm am/pm End Time 7:30 pm am/pm Please specify what areas of the park are proposed for use -We intend to use the are SE of the covered bandshell for the event. We will fence off an area 150ft wide x 250ft long to contain the event. 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- 15 performers Number of spectators that you expect: 350 each week and 20 staff. This is a 4 week combined total. Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Fencing 150' x 250' ; Moab Community Stage(30' x 24'); 2- 12' x 16' tents; 4- 10' x10' tents Will amplification be required for your event? Yes t(._ No Please specify any electrical needs for your event: We will need access to the 50 amp service in the pavilion. Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. On Street parking. Walking and biking will be encouraged. If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. N/A PLEASE COMFP4-E4 DRAER SIDE 6-2 Special Events/Permits Do you intend for the park to be open to the public during your event? Yes V No Do you intend to serve/sell alcohol (if so, additional requirements and fees apply) Yes V No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No ✓ Please describe any security or crowd control measures you plan for use of the park: Security will be provided at the entrances and exits, beer sales tents, and security monitors will be roving the event in a 1:50 ratio. For groups over 100 people, please describe your refuse control and recycling plan: We plan to use Green Solutions for our recycling needs and Monument Waste containers for refuse. Please describe your clean-up plan during and after the event: A volunteer clean up crew will be enlisted. Please describe your restroom facility plan: We plan to use the restrooms available at the park. Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: The Moab Free Concert Series(MFCS) will provide 4 free music events in July in conjunction with the Moab Farmer's Market. We will provide free entertainment to the community and help boost sales for the Market vendors. Many in Moab cannot afford the cost of other music events or are unable to attend these with children. MFCS will provide a family friendly community gathering place. Please specify and describe other community or city facilities that you plan to use: NIA Have you applied for a Special Event Permit for this use? Yes 14 No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any condi 'on attached to this permit. Signature of Contact Person: ) ` �y Date. ' 1 2 Public Works Review: Park Use Fee: Date Fee Paid: Date of City Council Approval: Insurance Received: Final Set up Diagram Received. Special Conditions or Requirements: Police Department Review. Administrative Review. Other Required Permits and Approvals Page 89 of 338 6-2 Special Events/Permits DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: CI CLASS 11 FEE: 0 PRIvATE CLUB ❑ CLASS 111 FEE: ❑ CLASS IV FEE: LICENSE #: $200.00 $200,00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: Melissa Schmaedick HOME ADDRESS: 290 S. 200 E SOCIAL SECURITY NUMBER: CITY: Moab DRIVER LICENSE NUMBER $ STATE: DATE OF BIRTH: HOME PHONE: STATE: UT ZIP: 435-260-9964 84532 BUSINESS INFORMATION BUSINESS NAME: Moab Folk Festival/ Moab Free Concert Series BUSINESS ADDRESS: 290 S. 200 E Moab, UT 84532 BUSINESS IUTAILING ADDRESS: PO BOX 1082 CITY: Moab SALES TAX ID #: BUSINESS PHONE: 435-259-3198 STATE: UT ZIP: 84532 WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) 1. ❑ CLASS I ❑ CLASS II Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. ❑ PRIVATE CLUB Same conditions as Class I and Class ll Beer Licenses. ❑ CLASS III al/CLASS IV Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ No ❑ YES (Requires 'Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: Moab Brewery 'Beer application is for 3.2% by weight only. Also requires a State license. Page 90 of 338 07109/14 6-2 Special Events/Permits 3. Hi�vve you ever been convicted of any offense other than a minor traffic violation? gNo I7 YES (If yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class 1, II, Private Club and Class IV. Ova fle • —. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 471 SOUTH MAIN DATE OF INSPECTION APPROVED O DISAPPROVED O REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: in APPROVED 0 DISAPPROVED REASON(S): SPECIAL CONDITIONS: Page 91 of 338 6-2 Special Events/Permits RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. c Applicant's Signature STATE OF UTAH COUNTY OF GRAND titi\( lr 5 ^�� �\v \rt ct , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this day of , 2�h� RENEE TROUT !Votary Public State of Utah My Commission Expires on: January 11, 2021 A07905 Notary Public Page 92 of 338 6-2 Special Events/Permits CLASS 1V SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: Moab Free Concert Series will offer a live musical concert on 7/6, 7/13, 7/20, and 7/27 at Swanny City Park in conjunction with the Moab Farmer's Market. A local opener will begin and 4:30. The main stage act will perform from 5:15 to 7:15 in two 45 minute sets. Beer will be sold during show times. 2. Please provide a floor plan or detailed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; 3. Please state the purpose of the association or entity conducting the event: To produce a series of 4 free concerts at Swanny Park every Friday during the month of July in tandem with the Moab Farmer's Market. To make a variety of live music available at no cost to the community of Moab. To assist the Farmer's Market vendors. 4. I Melissa Schmaedick hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of edi Fack this event, during the event to take place on :�:� ,starting at �--3c��ti, PM, and located at �w4 r 'el Pe- ' L. for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: ` it <-u C/f% DATE: 3l STATE OF UTAH ) SS COUNTY OF GRAND SUBSCRIBED AND SWORN TO BEFORE ME BY THIS 2 DAY OF i r nL�-- 101.6 SS .SGvA ,1 . RENEE TROUTT Notary Public State of Utah My Commission Expires on: January 11, 2021 Comm. Number: 692905 ON „4, NOTARY PUBLIC Page 93 of 338 6-2 Special Events/Permits SINGLE EVENT PERMIT Local Consent PURPOSE: Commission allow Local business licensing authority provides written consent to the Alcoholic Beverage Control to issue an event permit to an organization for the purposes of storage, sale, offer for sale, furnish, or the consumption of an alcoholic product on the event premises AUTHORITY: Utah Code 32B-9-201 , [ ] City [ ] Town [ ] County hereby Applicant Event Event On the during Local business license authority grants its consent to the issuance of a temporary single event permit license to: Entity/Organi ration: v` P. o d L o f `�iP D ✓t 0 alo � 11 S �? val Name: V V t 6 COO f l/rE' Coo (et i Sevi P S location address: goo v 100 R) MOa l UT gq `j 32- street 7city state ziP (o �, 131 G o � -J" 2744 day(s) of �( ���/ ZG f b dates _1 the hours of q: 30 " 7:3 0 TY✓1 , pursuant to the provision of Utah Code 32B-9. did hours from —co We recommend this entity as conducting a civic or community enterprise* [ ] Yes [ ] No [ ] Not providing a recommendation *As Part of local consent required by 3213J-201(1)(c), the locality mgy provide a recommendation as to whether the entity is conducting a civic or community enterprise. A civic or community enterprise means a function that is in the nature of a temporary special event such as asocial,:bus€ness, religious; political, governmental, educational, recreational, cultural, charitable, athletic, theatrical,scholastic, artistic, :or scientific event A "civic or community enterprise" generally is a gathering that brings members of a community together for the common good. Single event permits may not be issued to or obtained by an entity or organization for the purpose of avoiding or attempting to avoid the requirement of state retail alcohol licensing. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. AS OF SEPTEMBER 1, 2015, LOCAL CONSENT MUST BE SUBMITTED TO THE DABC BY THE APPLICANT. Page 94 of 338 6-2 Special Events/Permits Dear members of the Special Event Review Committee and the City Council, Moab Folk Festival staff would like you to know that we are aware of the Swanny Park neighborhood petition. As a community oriented event, we have opted to start the concerts half hour earlier (4:30) and end half hour earlier (7:30) to lessen our impact. We have also reached out to petition organizers and neighborhood members to hear their concerns. At the end of last season's successful shows, we conducted an audience survey. Participants were able to make comments, and these included: Bravo! We love the concerts More concerts More! Wine! More of this please Please control noise 4 concerts a season is enough Ending at 8pm is good No more than 4/year End by 8pm Keep it up Please keep this up Keep it up! More dates Free concerts -good Keep it going Do more days- not just July Keep going Great acts Really enjoyed the concerts As good as our best community music event- the folk festival Be free Wine and beer Great night! Congrats! Keep it going through Labor Day Page 95 of 338 6-2 Special Events/Permits www.moabfolkfestival.com info@moabfolkfestival.com P.O. Box 1082 Moab, UT 84532 435-259-3198 (ph) • 435-259-1502 (fx) Dear Members of the Special Event Review Committee, We are requesting a waiver of permit and park -usage fees for the upcoming Moab Free Concert Series (MFCS), an event that our 501(c)(3) non-profit organization, Friends of the Moab Folk Festival is producing in tandem with the Moab Farmers Market, the Moab Arts and Recreation Center, KZMU and Moab Gear Trader, and underwritten by the Moab Area Travel Council and Moab City. The MFCS will be held each Friday of July in conjunction with the Farmers Market and will be k free and open to the public. The purpose of the MFCS is to stimulate attendance at the Farmers Market, benefitting local vendors. It will provide a public good to our community and a cultural attraction for visitors to Moab in July. The MFCS has limited revenue generating opportunities, and the payment of fees would cut into underwriting funds secured for producing the series. Currently, other than the funds received from the Moab Area Travel Council, the Moab City, and the producing organizations, revenue generated to support MFCS will come from beer sales (if the pending license is granted). This earned revenue will make up the difference in funding needed to offset production costs. Last year's successful MFCS would not have been possible without generous contributions of goods and services from local businesses and many volunteer hours. Continued assistance from the Moab City in the form of waived fees would be greatly appreciated. We thank you in advance for your consideration of our request. Please feel free to contact us at the Moab Folk Festival office if you have any further questions (259-3198). Respectfully, Melissa Schmaedick Cassie Paup Page 96 of 338 6-2 Special Events/Permits Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 6-3 Title: Approval of Special Event License and Retail Beer License for the 2018 Moab Arts Festival to be held Saturday May 26th -Sunday May 27th. Date Submitted: March 15, 2018 Staff Presenter: Carmella Galley Attachment(s): Special Event Application Special Use of Parks Application Retail Beer License Application Special Event Beer License Local Consent Options: Approve, deny, or modify. Recommended Motion: "I move to approve the Special Event License and Beer Licensing for the 2018 Moab Arts Festival". Background/Summary: This event takes place at Swanny Park. Set up begins on Friday May 25, 2018. The event itself is on Saturday the 26th and Sunday the 27th. This is the 26th year of the Moab Arts Festival. The Special Events Committee has met with the organizer and discussed this year's event. Below are the conditions and recommendations agreed upon. • Police and Animal Control Services have been requested during the event. The committee has determined those officers that are on duty will make regular visits to the event throughout the duration. • The organizer will work with the Farmers Market on Friday, May 25th to coordinate set up. • Diagonal parking will be allowed on 100 West to accommodate more parking as long as the 100 West and Park Drive red zone is adhered to. • A portion of Park Drive will be closed for the safe access to the Port-o- potties by patrons as well as pony rides for children. Page 97 of 338 6-3 Special Events/Permits " R e s i d e n t i a l a c c e s s w i l l r e m a i n o p e n o n P a r k A v e n u e . " T h e c r o s s w a l k a t 1 0 0 W e s t m u s t b e k e p t o p e n . " N o h e a t e d f o o d v e n d o r s o n l a w n . " N o s t a k e s f o r f e n c i n g ( n o s t a k e s a t a l l - e v e n f o r b i g t e n t s ) . " O r g a n i z e r h a s r e q u e s t e d P a r k s D e p a r t m e n t t o f i l l w a t e r b a r r e l s t o w e i g h d o w n t e n t s , e t c . A n e x t r a f e e w i l l b e a s s e s s f o r w a t e r a n d t i m e a f t e r t h e e v e n t . " N o v e h i c l e s a r e p e r m i t t e d o n t h e p a r k l a w n s . " A P a r k s E m p l o y e e w i l l b e i n a t t e n d a n c e f o r t h e d u r a t i o n f o r u p k e e p o f t h e r e s t r o o m s a n d t r a s h . F e e s f o r t h e e m p l o y e e i s p a i d f o r b y t h e e v e n t o r g a n i z e r . " T h e o r g a n i z e r w i l l d i s t r i b u t e e v e n t i n f o r m a t i o n , c o n c e r n i n g t i m e s a n d e v e n t c o n t a c t i n f o r m a t i o n , t o t h e n e i g h b o r h o o d p r i o r t o t h e e v e n t . " T h e o r g a n i z e r h a s r e l o c a t e d t h e m u s i c s t a g e t o t h e o p p o s i t e s i d e o f t h e p a r k f r o m t h e p a s t t o a l l e v i a t e s o m e o f t h e s o u n d c a r r y i n g t o t h e n e i g h b o r h o o d . T i m e l i n e : F r i d a y , M a y 2 5 t h - " 7 a m - L a r g e T e n t s a r r i v e t o b e s e t u p b y n o o n . " 1 2 p m - S t a r t m a k i n g s p a c e s f o r a r t i s t ' s b o o t h s o n l a w n . " 5 p m - 9 p m - A r t i s t R e g i s t r a t i o n a n d F o o d B o o t h s s e t - u p S a t u r d a y M a y 2 6 t n - " 7 a m - 1 0 a m - A r t i s t B o o t h s e t u p a n d r e g i s t r a t i o n " 1 0 a m - S h o w O p e n s " 7 p m - S h o w C l o s e s S u n d a y , M a y 2 7 t n _ " 7 a m - S e t u p b o o t h s " 1 0 a m - S h o w O p e n s " 6 p m - S h o w C l o s e s " 6 p m - 8 p m - C l e a n - u p o f p a r k A s a l w a y s , t h e M o a b A r t s F e s t i v a l i s w i l l i n g t o w o r k w i t h t h e C i t y t o h e l p m i t i g a t e a n y i s s u e s t h a t m a y a r i s e f r o m t h i s e v e n t . A l l f e e s h a v e b e e n p a i d e x c e p t f o r t h o s e t h a t s t i l l n e e d t o b e a s s e s s e d , i . e . : w a t e r f o r w a t e r b a r r e l s , t i m e t o a c h i e v e t h i s . P a g e 9 8 o f 3 3 8 6 - 3 S p e c i a l E v e n t s / P e r m i t s Date Received Application:�� Receipt Number SPECIAL EVENT PERMIT APPLICATION CITY OF MOAB City of Moab Special Events 217 East Center Street Moab, UT 84532 Date Paid 16-1 Amount Paidi 1 t6, Pb OJT)" OF MoA Phone: 435-259-5121 E-mail: events@moabcity.org APPROVALS: City: Date: Fire: _ Date: Conditions of approval: Other Staff Approval: Date TYPE OF ACTIVITY check all that apply: ❑ Cycling ❑ 5K ❑ Training Event RI Festival ❑ Film Production ❑ Parade ❑ Sporting ❑ 10K ❑ Block Party ❑ Religious ❑ Outdoors Sales ❑ Fun Run ❑ Dance ❑ Other Please print or type EVENT NAME: M Q P}B Pc RTS eeS 1 l v Pry 1. Location of Event: SvJ A N Ni i G iki244. -2-Loctt-tie-n of Event. 3. Name of Organization: MOCtich 4. Date (s) of Event: 5. EVENT DETAILS C e — - i yit 6/10 w� b • Event Location 1 Date(s): Start time: End time: Set-up2A7 miu.125 Aeteei-Ten j • Vy-N V e_; Start time: riAivL, End time: Clean-uG04 }II�2, D�(s):i I(Ii1lvlEt� OLi-e�� 0. ?�o; ,r 6Pm End time: )-D-1-0 End time: 1 Bste(s}: Start time: Set-up Date(s): Start time: End time: C -up Date(s): Start ti . End time. s this a recurring event9 If yes; daily, weekly or other? 41h.kusf , Is this an Annua! Event? k( S. If yes; same date and placer j,ALL 5. PARTICIPANTS Number of participants expected: Open to the Public Number of Volunteers/Event Staff: 0 ❑ Private Group/Party +/- If event is open to the public, is it: ❑ Entrance Fee/Ticketed �, ❑ Fee for Participants/ Event? 0 fiz� Racers/Runners Only htl ' Tr _.4.0 Paye 33 of 338 6-3 Special Events/Permits 6. APPLICANT INFORMATION Name of Applicant: j\AOIA-B P‘12,--vs Fes-0 V A-L Address: Day Phone: "t' JS -2s9 , 2.74-2_ Cell/Other: 2.60— Mailing Address (if different):���(,� Event Web Address (if applicable): W V./V.) r \cab (A r Alternate Contact For Event: n (�L E-Mail: is h-Voelyg),(6)1114CS1 On es vaA .ors Cell Phone/Other: Cell/other: E-mail: Page 100 of 338 6-3 Special Events/Permits 7. VENDORS/MOD/ALCOHOL check all that apply Vendors/Merchants Are Vendors Merchants Selling Products or Services No If yes, Temporary Sales Tax Numbers are required from State Specta Event Tax Division 801-297-6303 Is Food available at the event Is the food (please check all that apply) Given away Catered by restauran . Prepared on site Events which have Food avai a. a must contact the SE Utah Health Dept., for approval 435-259-5602 lI Alcoholic Beverages will be available at the eventAYes U No Please check applicable /' `'� U No Nendors Beer Stands CFenced in Beer Garden Selling, Serving, Giving Away, mat an event requires City Council, City Business License and State Of Utah Department of Alcoholic Beverage Licensing for state approval 801-977-6800 8. TENTS/STAGES/STRUCTURES (include details on site map) XTents/Pop-up Canopies [Yes ❑ No How many Tents/Pop-up Cano ies will be used for ev t? 100+/— : l r 4 zc -re N T-'e rz`5 �►`S Dimensions of Tents/Po u Canopies: 1 r Tents/Pop-up p' I Ki its l�xty t T�� 9 Shad -' r �` All Enclosed Tents and Pop-up Canopies require inspections from the Moab Valley Fire Department 435-259-5557 and can not be staked into ground. [Temporary Stage Dimensions: Communal ref?siiVil,1 &UT, � Description of Tents/Canopies/Stage, etc.: 9. ITE SETUP/SOUND check all that apply (please include details on site map) Fencing/ScatToldmg arricades Portable Sanitary Units J Music if yes, check all that apply id Acoustic r{liAmplified ./ PA/Audio System Type/Description: KO Fireworks / Fite Performances / Open Flame Requires approval from Moab Valley Fire Dept. (435) 259-5557 Propane/Gas On site eeD1�I-ID17 � Requires approval from Moab Valley Fire Dept. (435) 259-5557 VTrash/Recycle Bin coordination On Site Monument Waste (435) 259-6314 Green Solutions (435) 259-1088 (must obtain privately) (must obtain privately) 10. ROAD & SIDEWALK USE please i ude details on site map ❑ Well Roads & Sidewalks Be Used? � Yes ❑ No ❑ Are you requesting Road Closures? b Yes ❑ No An Encroachment Permit is required for Road Closures and Sidewalk Use. To obtain the permit, please contact Moab City Public Works Dept., 435-259-7485 U Road Use and Closure Location: WQ.151-�cur-k.brow , -jj�, S Shia- nj pi {J Sidewalk Use '7 sr11o� Location: ` - Will stay on sidewalks an o IG� follow pedestrian laws Number of Floats: (must obtain privately) Parade Location: 11. Application fee is based on attendance as followed: (Other fees may apply after review by Events Committee) ❑ S200.00 for attendance under 300 $400.00 for attendance over 300 Total: S By submitting a signed application, the applicant certif}t tlfalsifying any information on this application constitutes cause for rejection or revocation of the Permit. 1P.UPF�• Print Applicant's Name Applicants Sig I fib Date Page 101 of 338 6-3 Special Events/Permits EVENT DESCRIPTION PLEASE DESCRIBE YOUR EVENT IN DETAIL ADD ANY ADDITIONAL INFORMATION OR PAGES • Please be sure to include any elements of your event that will help with the approval of the event. LiUe, MnUsdG � (X.f'"H5-k-6 Cli5p( 661q CeG1ci SCIICIAic--{'�'Ieil� CMgivvi,f 'trec,-(-�ov\so mug-% he prse_;et-t-,t_ (coo reps) bids ar-HS4-ic oadAc -wee ADtat' sSColJ -�o-%�� pu.�lic. kio-Izc.G,le CAM.ces 201E6 Oht e of riugc'c c± east 5icie p� 6(,) 1V1 (6ckrp&.\f I i i0N -0(i6 --AVT 4-0 Lo caA-e wes-F h��d e o �' y.x-i uo--(-E(n LIA ,c� le5se�ii��� impacf c,ti) nor-KA park a_U\2,hu.e. lnbors. 5 e e incLo 3L.)db� ��� 5.1-�(er , -fro loc, c.�4n:ftoutek --� V\e*loorGloa-k eUevv.f ilvv-6rwlca.{-ion 3(16\ v(_s—FiureS eavri fe:(UCti rSov\ne( . Page 102 of 338 6-3 Special Events/Permits HMK School Art for Kids Moab Arts Festival Pork Layout Swanny City Bark 2018 Saturday 1 Oam-7pm and Sunday 10am-6pm VENDOR PARKING 6 1 Behind Catholic Church in Gravel Parking Lot 400 NORTH Moab Recreation and Aquatic Center 0M m©Q m© 00 Dumpsted Recycling WEST PARK DRIVE 400 NORTH Skate Park - BAND STAGE 1 4- 1 ® 1 I ®® I Beer and Wine I 1 Garden 1 Imp' 9 Hours: SatfSun 12-6 I Rodeo Club Pony Rides across street at Turner Lumber Information Page 103 of 338 DETAILED SITE MAP PLEASE INCLUDE OR ATTACH A DETAILED SITE PLAN AND/OR ROUTE MAP. COMPUTER OR HAND -DRAWN SITE PLANS ARE APPROPRIATE. Be aware that ifyort are faxing a map, many elements may not be visible. Your map should include: The names of streets, placement of barricades, and/or road closures The areas where participants and vendors/merchants will park Parade forming and disbanding areas, bleachers, etc. Vendor and booth placement, tables, etc. D Portable Toilets, fencing 7 Location of Security Personal, information booth, lost and found booth Stage, Tents and materials, storage, etc. used in the event. North T See previous page Page 104 of 338 6-3 Special Events/Permits 5.09.030 Sales Tax Collection. SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) • 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. Meab ArA-S NAME OF EVENT: DATE(S) OF EVENT: 1 v \kAi 2-6 BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID UGT- kb 6e c.c,:Ty alm4L e_c-ij jo ua\pien S- , .--\--o U--\--6S1----)5( Colwvjsoti 09/08/03 Page 105 of 338 SpUZH�gy HEALTH DEPARTMENT Price: Tel: 435.637.3671 Moab: Tel: 435.259.5602 http://www.seuhealth.com Special Event Name: Ni\000--\V e LS��f Q--� Primary Contact: es-_ VAC Phone: :9\,� k Secondary Contact: Dates of Operation:G LS Location: Email: to -co eNTa_to hone: 2100 r I .1A 2� ,ite 2:4 es�hvaI .on SPECIAL EVENT FOOD SERVICE PERMIT APPLICATION The Southeastern Utah Health Department has adopted by reference the current State of Utah, Department of Health, Food Service Sanitation Rule R392-100. The Health Department requires that the special event be responsible for ensuring compliance by food vendors. The Health Department requires that every food booth/truck have at least one person with a valid Food Handlers certificate present during all hours of operation. The Food Service Sanitation Rule requires all food booths to be available for inspection during all hours of operation by the health department. One to Three Day Events Number of Food Vendors Event Plans to Have: Greater than Three Day Events Number of Food Vendors Event Plans to Have: X$20.00 X$50.00 Make Checks Payable to SEUHD Carbon or Emery County Events Mail to: P.O. BOX 800, Price Utah, 84501 Grand County Events Mail to: 575 S. Kane Creek Blvd., Moab Utah, 84532 EVENT MUST PROVIDE A LIST OF VENDORS AND THEIR CONTACT INFORMATION AS WELL AS THEIR MENU ONE WEEK PRIOR TO THE FIRST DAY OF THE EVENT Signature: Date: S e c wcitor -Gum � \(u.1yNm y -kaA y Page 106 of 338 6-3 Special Events/Permits DATE PAID: AMOUNT PAID: RECEIPT No.: -L 9,04'9 2Z31 LQ 7 CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: inCLASS II FEE: ❑ PRIVATE CLUB LASS 111 FEE: CLASS IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAMEFIR,NQ511, KL 1/lCl HOME ADDRESS: �9 �rV4 ll�al'�VV. �v' CITY: )Ao SOCIAL SECURITY NUMBER: DATE OF BIRTH: DRIVER LICENSE NUMBER & STATE: HOME PHONE: STATE: -?- 24-3I ZIP: BUSINESS INFORMATION BUSINESS NAME: OCij ) BUSINESS ADDRESS: 3:1 5 S 1 V LQC I� oLt] fp BUSINESS MAILING ADDRESS: 4i CITY: 11/4.`i7(.Li) SALES TAX ID #: BUSINESSr PHONE: ". l r 2-742 STATE: v 1 ZIP: ��- WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) ❑ CLASS ❑ CLASS II ❑ PRIVATE CLUB ❑ CLASS III ACLASS 1V Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. 1 • Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ No AYES (Requires 'Local Consent' approved by City Council prior to State approval.) 2- List brands of `beer proposed to be sold by the applicant within the City of Moab:` r1AYc� tovoika-�i)�`it, j�ilvU�i1� q faiottC-tr\eA 'Beer application is for 3.2% by weight only. Also requires a State license. 09/21/05 Page 22 of 26 Page 107 of 338 6-3 Special Events/Permits 3. Have you ever been convicted of any offense other than a minor traffic violation? )11I,No ❑ YES (If yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class 1, 11, Private Club and Class 111. Class Ill Applicants MUST contact the Moab City Police Department License Investigator as soon as possible to be fingerprinted and photographed. A background check is also required. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED In DISAPPROVED ❑ REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Page 23 of 26 Page 108 of 338 6-3 Special Events/Permits 4. I l Vts21.-e.2s-A \L CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dat , times, location, nature and description of the proposed event: %d es- v 0,1, KOW\ 2-6� DT/ Z� � P) N 2. Please provide a floor plan or detailed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; 3. Please state the purpose of the association or entity conducting the event: C Mool.,D rkS l eve cowraezimvu,uu, ()A- rP-[tee (lie l u i-Kea , tha,c otA-i otkaik a.ttr, p-fro -1\s a- 50l (c)?S r\OA-13(0-e{ hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on Mcui 202 , starting at 12 PM, and located at tI-v\n`)trlL for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: STATE OF UTAH COUNTY OF GRAND ) SS i DATE: SUBSCRIBED AND SWORN TO BEFORE M. BY ON THIS DAY OF NOTARY PUBLIC Page 25 or 26 Page 109 of 338 6-3 Special Events/Permits CITY OF MOAB INFORMED CONSENT AND RELEASE OF LIABILITY In connection with my application for a Beer License with Moab City, I hereby authorize the forenamed agency as well as the Utah Bureau of Criminal Identification to investigate my past and present work, education, and law enforcement records to ascertain any and all information, which may be pertinent to licensing regulations. I do hereby release all person, firms, agencies, companies, groups or installations, whomsoever, from any damages of/or resulting from release shall function as an original. Signature of Applicant 17‘167-4- i//o4 Signature of Witne State of Utah County of Lt C' Print ramet-of Applican Col fm74/4_ Print Name of Witness On the 15 day of��; �t 1� H-f-Lt. 4,5r/4"a the same. a My Commission Expires: CAFMELLA GALLEY Notary Public State of Utah Comm. Na. 686544 My Comm. Expires Dec 28. 2019 , personally appeared before me Date , who duly acknowledged to me that they executed Notary Public Residing in: 614 County Page 26 of 28 Page 110 of 338 6-3 Special Events/Permits t� me,cj -1 o " 6 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Events Coordinator's office at not less then 60 (sixty) days prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fees, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: 47,0r-QS(t.. (Llh Name of Organization and Event if applicable: M[Xlf}�tC�� eS�v(3,1.TclC.' M(klio-Nas sfivat Address: ` 15 S ,,tatl to I.A0Pr#,3 VT Day Phone: 10j; 25-9 Email: i'r+-62moctknr-#t eSi l,CLA •CW5 ar'f5 Proposed Park Usage Information Which park to you intend to use? Swanny Park. >4,- Other {please indicate name of park - Please indicate the pr dates d times of use: Proposed Start Dat Start Time: Proposed End bat 2-1 Start Time: am/pm End Time: pm End Time. Please specify what areas of the park are proposed for use: --t—Zl DSc-\CIV ,ee"h k1tliVlC 1YlQi) 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: ! ��� t� Number of spectators that you expect: g000 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: .Nrkis�� bY-I, C Cijih \0'kW1 ter t-la� (-e.czA-Wat ra�� �zc�tetts, c-1r�u./ J t,,ovvu.w+evavijcz_st Will amplification be required for your event? Yes X No 2� n�Gj,� y�j 1 �`jkre t,'1���� � J" Please specify any electrical needs for your event: -� Q D \;ek-ifl 01-S t, MUSi c, Sma ob tAs-i- y ectj' Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. thr aCGoDn11,106a. .� t • .. �' il� '� rmrtt� 01� a Spi'-i-e. 0_, VAt� ,tic r Lk If you anticipate any .tr et closures for your event ease descri• - below, and how on the accompanying W diagram. �, �� -�aoDCURT 5 LC:C -'7Fb- Page 111 of 338 PLEASE COMPLETE OTHER SIDE 6-3 Special Events/Permits Do you intend for the park to be open to the public during your event? Yes i4.-- No Do you intend to serve/sell alcohol (if so, additional requirements and fees apply) Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the ark: owse-- \,& varK- c1)61-1 polAic, 00-e, a sv. jAcab cc Po ce e'tt-trd � vJaA _--I-/1VU park_ occ_ covvii cta_ (t.2. 40,9. For groups over 100 people, please describe your refuse control and recycling p! n: J W1ommi± k)ciSke-\ 4- ('�' —Or , pe rsonna act ►r��u.� ~use Please describe your clean-up plan during and after the event: V \4P\i, COitkira_G+ if\C\\IC) VeirGOVIIICL to 4r CO NIEL- p_(cLur PI ase describe your re room facility pl 6'fauk, a ce kk� �- )r 2Aa ; coera-CL-1-0 have-R )ern cl e�wr> Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to,the wmunity: ' rn `,l p� { \p } /��y fop ti<t I,an p',-0f etL \k/P, v i, turki ki .-Frrievv, i tt .) rylikM1111 —Or ede UP-ii± ��4 c`VI. ei ^ i %r d I r�, i (1 u_Illq ea 111-11 � . C G Ulric 0 a �`-± J Please specify and describe other c munity or city facilities that you plan to use: •ot>EO r LI, b i R-b- � e e- ;iv-s c- r ,es J a ce[ 1,— l—u.v-i,er L,,..ivLb-e-r KorM 6((i 6- 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 Qv, &_-1-turdigul 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: Office Use Only Public Works Review: Police Department Review- Administrative Review - Park Use Fee. Date Fee Paid. Date of City Council Approval. Insurance Received: Final Set up Diagram Received: Special Conditions or Requirements: Other Required Permits and Approvals Page 112 of 338 6-3 Special Events/Permits SINGLE EVENT PERMIT Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission to issue an event permit to an organization for the purposes of storage, sale, offer for sale, furnish, or allow the consumption of an alcoholic product on the event premises AUTHORITY: Utah Code 32B-9-201 VLORE , [ City [ ] Town [ ] County Local business license hereby grants its consent to the issuance Applicant Entity/Organization: authority of a temporary \1_06Lb single event permit license to: 1—S — 1 -5'` l ijai Event Name: KpCQb11\12-TS k---ei Vial � e �r � d un e Q,ide i/l Event location address: ik j t 14-0 0 r _ . (ki\itiilill ar � NI\ Q (Lb W L gef---e 3 On the {�6-+(4 4 f day(s) of ja ,ay , DOS during the hours of , dart, _ month ycar YY1 1 7 , pursuant to the provision of Utah Code 32B-9. &fmcd hours from — to i)1V‘' We recommend this entity as conducting a civic or community enterprise* [ ] Yes [ ] No [ ] Not providing a recommendation *As Part of local consent required by 32B-9-201(1)(c), the locality may provide a recommendation as to whether the entity is conducting a civic or community enterprise. A civic or community enterprise means a function that is in the nature of a temporary special event such as a social, business, religious, political, governmental, educational, recreational, cultural, charitable, athletic, theatrical, scholastic, artistic, or scientific event. A "civic or community enterprise" generally is a gathering that brings members of a community together for the common good. Single event permits may not be issued to or obtained by an entity or organization for the purpose of avoiding or attempting to avoid the requirement of state retail alcohol licensing. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. AS OF SEPTEMBER 1, 2015, LOCAL CONSENT MUST BE SUBMITTED TO THE DABC BY THE APPLICANT. Page 113 of 338 6-3 Special Events/Permits r �eST\UcU 00(6 \e(s-k--s -1(P''''`CnaPANy aces k.2_noon SVOS--t AZ0,--,)+°':?°v\ fl) �o ti n PA0 10 P( s '&0-VV.) svu_v. Gi,oS C ecu ?A'V\-1 oQ E j.,\P,(1 51 P `1(-)c)-a4s C it ;_ L�� v P c �e 1`-' Page 0/3( �-� Qkk©v\ c �wr K 6-3 Special Events/Permits Moab City Corporation 217 East Center Street Moab, Ut 84532 435.259.5123 Receipt No: 223762 Receipt Date: 03/15/2018 Timestamp: 03/15/2018 01:55 PM Payor: MOAB ARTS FESTIVAL Theresa King - Class IV Beer License 1032110 BEER LICENSES Theresa King - Moab Arts Festival - May 25-27 2018 1032160 FLAT BUSINESS LICENSES Theresa King - Moab Arts Festival - May 25, 2018 - Park Rental 1036200 PARK RENTALS Theresa King - Moab Arts Festival - May 26, 2018 - Park Rental 1036200 PARK RENTALS Theresa King - Moab Arts Festival - May 27, 2018 - Park Rental 1036200 PARK RENTALS Theresa King - Moab Arts Festival - May 25-27, 2018 - Damage Deposit 1036200 PARK RENTALS 90.00 400.00 105.00 475.00 475.00 300.00 $1,845.00 Check 1434 $1,845.00 Tendered Amount: Cash Back: Total Applied: Page 115 of 338 $1,845.00 $0.00 $1,845.00 Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 6-4 Title: Approval of a Special Event Permit for Vision Relay, formerly Rockwell Relay to be held at Swanny Park from June 7, 2018 to June 8, 2018. Date Submitted: February 6, 2018 Staff Presenter: Carmella Galley Attachment(s): Special Event Application Special Use of City Park Application Options: Approve, deny, or modify. Recommended Motion: "I move to approve the Special Event Permit for Vision Relay on June 7th and 8th 2018 at Swanny City Park." Background/Summary: This event is an annual event, held in Moab since 2010. It is a bicycle relay that runs from Swanny Park in Moab and ends in St. George. The event dates are June 7 and June 8, 2018. A very small portion of the park is used. The City Special Event Committee has reviewed all of the application materials and finds them all to be acceptable. This event is run very professionally and has posed no problems in the past. The event committee has communicated with the organizer concerning a couple of items that would need to be adjusted and they have been agreeable to all. • Start time at the park was too early it has been adjusted to accommodate our code. • The race route was reviewed by our Police Department and adjusted for safety reasons. It will now cross Main Street at 100 South towards 400 East, out to the highway and outside of city limits. Updated map included. • Coordination with Police Department at least seven (7) days prior to the event. Page 116 of 338 6-4 Special Events/Permits " T h e o r g a n i z e r c a n n o t d r i v e a n y v e h i c l e s o n t o t h e g r a s s . " C o o r d i n a t i o n o f t e n t p l a c e m e n t s h a l l b e m a d e w i t h t h e P a r k s S u p e r i n t e n d e n t a n d n o s t a k e s w i l l b e u s e d ; n o v e h i c l e s a l l o w e d o n t h e p a r k l a w n . " C o n t a c t w i l l b e m a d e w i t h t h e P o l i c e D e p a r t m e n t p r i o r t o t h e e v e n t t o c o o r d i n a t e t h e s a f e p a s s a g e o u t o f t o w n . " C l e a n u p a n d v a c a t i n g o f t h e p a r k w i l l b e c o m p l e t e d p r o m p t l y . " E x t r a t r a s h a n d r e c y c l i n g p i c k u p w i l l b e c o o r d i n a t e d w i t h M o n u m e n t W a s t e a n d G r e e n S o l u t i o n s a t o r g a n i z e r s e x p e n s e . " C o o r d i n a t i o n w i t h t h e F a r m e r s M a r k e t t o f r e e u p t h e p a r k a r e a f o r t h e m a r k e t s s e t - u p . " N o t i f i c a t i o n t o s u r r o u n d i n g r e s i d e n t s w i l l b e d o n e p r i o r t o t h e e v e n t . T i m e l i n e o f t h e e v e n t : T h u r s d a y , J u n e 7 , 2 0 1 8 - 1 2 : 0 0 p m . - S e t - u p a t S w a n n y P a r k . E v e n i n g - P a c k e t p i c k - u p a n d d i n n e r . L e a v e p a r k f o r t h e e v e n i n g a t 8 : 3 0 p m . F r i d a y , J u n e 8 , 2 0 1 8 - 7 : 0 0 a m - S w a n n y P a r k - P r e p p i n g t h e S t a r t L i n e 7 : 3 0 a m - O f f i c i a l S t a r t W a v e 1 - P o l i c e E s c o r t 8 : 4 5 a m - O f f i c i a l S t a r t W a v e 2 - P o l i c e E s c o r t C l e a n - u p o f p a r k a n d a r e a 1 2 : 0 0 p m . P a g e 1 1 7 o f 3 3 8 6 - 4 S p e c i a l E v e n t s / P e r m i t s Date Received Application: 2/6/2018 Receipt Number. Date Paid Amount Paid: SPECIAL EVENT PERMIT APPLICATION CITY OF MOAB CITY OF MOAB City of Moab Special Events Phone: 435-259-5121 217 East Center Street E-mail: Moab, UT 84532 events@moabcity.org APPROVALS: City: Date: Fire: Date: Conditions of approval: Other Staff Approval: Date TYPE OF ACTIVITY check all that apply: g Cycling ❑ 5K ❑ Training Event ❑ Festival ❑ Film Production ❑ Parade ❑ Sporting ❑ 1 OK ❑ Block Party ❑ Religious ❑ Outdoors Sales ❑ Fun Run ❑ Dance ❑ Other Please print or type EVENT NAME: 1. Location of Event: Swanny Park 2. Location of Event: 3. Name of Organization: Charity Vision Events LLC DBA Vision Relay 4. Date (s) of Event: June 7 and 8, 2018 Start Date: 6/7/18 Start Time: Noon 5. EVENT DETAILS Event Location 1 Date(s): 6/7-8/18 Start time: Noon End time: Noon Set-up Date(s): 6/7/18 Start time: Noon End time: Clean-up Date(s): 6/8/18 Start time: End time: Noon Event Location 2 Date(s): Start time: End time: Set-up Date(s): Start time: End time: Clean-up Date(s): Start time: End time: Is this a recurring event? If yes; daily, weekly or other? Is this an Annual Event? Yes If yes; same date and place? Yes, Second Thursday/Friday in June 5. PARTICIPANTS Number of participants expected: 500 Number of Volunteers/Event Staff: 30 Open to the Public ❑ Private Group/Party If event is open to the public, is it: ❑ Entrance Fee/Ticketed Fee for Participants/ Event? Racers/Runners Only Page 118 of 338 6-4 Special Events/Permits 6. APPLICANT INFORMATION Name of Applicant: Tyler Servoss on behalf of Charity Vision Events LLC Address: 3210 N. Canyon Road Provo Utah 84604 Day Phone: 801-888-3233 Cell/Other: 801-888-3233 Mailing Address (if different): Same E-Mail: tyler@visionrelay.com Event Web Address (if applicable): www.visionrelay.com Alternate Contact For Event: Stephanie Servos Cell Phone/Other: 801-888-3232 Cell/other: E-mail: sbservoss@gmail.com Page 119 of 338 6-4 Special Events/Permits EVENT DESCRIPTION PLEASE DESCRIBE YOUR EVENT IN DETAIL ADD ANY ADDITIONAL INFORMATION OR PAGES • Please be sure to include any elements of your event that will help with the approval of the event. This is our 9th year holding this event at Swanny Park. We traditionally set up on the lawn near the bandstand at noon on Thursday with pop-up cannopies, an inflatable back strop arch and flags. We host a packet pickup and kick off party. We typically serve bratwurst to ridcrs as a fundraiscr for our charitablc partncrs. We concludcd by 8:30 pm and Icavc for the evening. Activiy resumes at 5:30 am and we prepare for the first race start at 7 am. Prior to 7 am mil wit i ice nn amplification anrLtry apru<epp nnise levels to a minimum Riders start at 7 am and 9 am, traditionally with a police escort to the city limits. We then take down our equipment, clean and vacate the park by noon. Organizer has agreed to not begin anything at the park until 7:00 am with the first race now beginning at 7:30 am. Page 120 of 338 6-4 Special Events/Permits DETAILED SITE MAP fR4t- roo �k 3 Picnic Tables Skatepark 111V`'44 i ACavered .f Bandsheil .14314- IS14;\ 11 g:4:\i\ 411Postirt . t°', i0� S (06� rf-;nfkA-461c- Bos. y. rsf .c Page 121 of 338 1 c)rd e. �16 6-4 Special Events/Permits 1 cial E 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: Vision Relay DATE(S) OF EVENT: June 7th and 8th 2018 BUSINESS NAME OWNERS NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE No TAX ID pharity Vision Events LLC Charity Vision 3210 N. Canyon Road Provo Utah 801-888-3233 Event clothing D Vs V 2 , D0 ents/Permits 09/08/03 VV111rIL L.1 1.111, 1 1 III 1 VVV VL.IIttL L. 1111111111111 /"41,11 L11114/1'1111 soITHEAST UTq y HEALTH DEPARTMENT Price: Tel: 435.637.3671 Moab: Tel: 435.259.5602 http://www.seuhealth.com Special Event Name: Vision Relay Primary Contact: Tyler Servoss Phone: 801-888-3233 Secondary Contact: Stephanie Servoss Phone,801-888-3232 Dates of Operation: June 7th and 8th 2018 Location: Swanny Park Email: tyler@visionrelay.com The Southeastern Utah Health Department has adopted by reference the current State of Utah, Department of Health, Food Service Sanitation Rule R392-100. The Health Department requires that the special event be responsible for ensuring compliance by food vendors. The Health Department requires that every food booth/truck have at least one person with a valid Food Handlers certificate present during all hours of operation. The Food Service Sanitation Rule requires all food booths to be available for inspection during all hours of operation by the health department. One to Three Day Events Number of Food Vendors Event Plans to Have: 1 Greater than Three Day Events Number of Food Vendors Event Plans to Have: X X $20.00 $20 $50.00 Make Checks Payable to SEUHD Carbon or Emery County Events Mail to: P.O. BOX 800, Price Utah, 84501 Grand County Events Mail to: 575 S. Kane Creek Blvd., Moab Utah, 84532 EVENT MUST PROVIDE A LIST OF VENDORS AND THEIR CONTACT INFORMATION AS WELL AS THEIR MENU ONE WEEK PRIOR TO THE FIRST DAY OF THE EVENT Signature: `s��'� -}- Date: 2/6/2018 Not applicable to city. Health Department is aware. Page 123 of 338 6-4 Special Events/Permits City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City 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: Tyler Servoss Name of Organization and Event if applicable:Charity Vision Events LLC DBA Vision Relay Address: 3210 N. Canyon Road Provo, Utah 84604 Day Phone: BM-ARA-3233 Email: Tyler@visionrelay corn Proposed Park Usage Information Which park to you intend to use? Swanny Park.le Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date: 6/7/2018 Start Time: Noon am/pm End Time• am/pm Proposed End Date: 6/8/2018 Start Time. am/pm End Time• Noon am/pm Band Stand area. See map 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: 500 Number of spectators that you expect: 100 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: 8 to 10 Pop up Canopies (105(10') 4 trailer mounted portable toilets and park restrooms Will amplification be required for your event? Yes Al_ No Please specify any electrical needs for your event: Basic Electrical connection drawn from Band Stand Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. Our participants will use regular legal street parking as available around the park. If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. West shoulder of 100 W. between Park drive and 400 N. from 6:30 am to 9:30 am on June 8th 2018 PLEASE comRgiu[ o-EttER SIDE Page 10 of 26 6-4 Special Events/Permits Do you intend for the park to be open to the public during your event? Yes Ate_ No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No Ne For non-Swanny Park events: Do you plan to charge for admission to the park? Yes Please describe any security or crowd control measures you plan for use of the park: Volunteer staff will monitor security No For groups over 100 people, please describe your refuse control and recycling plan: Conditions specify contact We plan to use the available trash and recycling receptacles. Please describe your clean-up plan during and after the event: Our staff and volunteers will pick up and trash fill receptacles and possibly place bagged trash next to the receptacles if needed. Please describe your restroom facility plan: We will have 4 trailer mounted toilets and will also use the park bathrooms Monument Waste and Green Solutions for pick-up at organizers cost. Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: This is the 9th edition of our event and we feel that we have been good community partners. We bring people to town, many for the first time. Our participants spend money on campsites, hotel rooms, fuel and restaurants. We are ambassadors for Moab and love to promote grand county. Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes V No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes Ae— 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. T. ter reh arr Signature of Contact Person: Date. 1 /31 /2018 Office Use Only Public Works Review: Police Department Review: Administrative Review. Park Use Fee: Date Fee Paid• Date of City Council Approval: Insurance Received: Final Set up Diagram Received• Special Conditions or Requirements: Other Required Permits and Approvals Page 125 of 338 Page 11 of 26 6-4 Special Events/Permits 7. VENDORS/FOOD/ALCOHOL check all that apply Vendors/Merchants Are Vendors Merchants Selling Products or Services? Yes No Ne If yes, Temporary Sales Tax Numbers are required from State Special Event Tax Division 801-297-6303 Is Food available at the event Kl'es U No Is the food (please the all that apply) Given away Catered by restaurants/Vendors Prepared on site Events which have Food available must contact the SE Utah Health Dept., for approval 435-259-5602 Alcoholic Beverages will be available at the event I I Yesielo Please check applicable Beer Stands Fenced in Beer Garden Selling, Serving, Giving Away, Alcohol at an event requires City Council, City Business License and State Of Utah Department of Alcoholic Beverage Licensing for state approval 801-977-6800 8. TENTS/STAGES/STRUCTURES (include details on site map) Tents/Pop-up Canopies Ves ❑ No How many Tents/Pop-up Canopies will be used for the event? 8 to 10 Dimensions of Tents/Pop-up Canopies: All Enclosed Tents and Pop-up Canopies require inspections from the Moab Valley Fire Department 435-259-5557 and can not be staked into the ground. ❑ Temporary Stage Dimensions: Description of Tents/Canopies/Stage, etc.: 9. SITE SETUP/SOUND check all that apply (please include details on site map) Fencing/Scaffolding (must obtain privately) Barricades v (must obtain privately) Portable Sanitary Units l (must obtain privately) Music if yes, check al hat apply Acoustic Amplified le PA/Audio System NType/Description: 2 small amplified speakers and wireless mic system Fireworks / Fire Performances / Open Flame Propane/Gas On site Trash/Recycle Bin coordination On Site le Requires approval from Moab Valley Fire Dept. (435) 259-5557 Requires approval from Moab Valley Fire Dept. (435) 259-5557 Monument Waste (435) 259-6314 Green Solutions (435) 259-1088 /041ZOAD & SIDEWALK USE please in de details on site map Will Roads & Sidewalks Be Used? Mes ❑ o ❑ Are you requesting Road Closures? ❑ Yes Who An Encroachment Permit is required for Road Closures and Sidewalk Use. To obtain the permit, please contact iloab City Public Works Dept., 435-259-7485. oad Use and Closure Location: ❑ Parade Will stay on sidewalks and follow pedestrian laws Location: Number of Floats: / /. Application fee is based on attendance as followed: 200.00 for attendance under 300 $400.00 for attendance over 300 Total: $ By submitting a signed application, the applicant certifies that falsifying any information on this application constitutes cause for rejection or revocation of the Permit. Tyler Servoss 'inj 24;e1A-0' Print Applicant's Name Applicants Signature 2/6/2018 Date Page 126 of 338 6-4 Special Events/Permits ION rial-wd)r Mivida Dr W McGill Blvd Maverik Adventure's Grand Center First Stop r w 400 N Swannh City Paltrkf z 1 1E7 Shell 0 Tom Till Gallery - OPEN by appointment Unly... '-1 i ElOON Moab 6-4 Special Events/Permits Route Changed. See alternate map. E 20 G Seventh Distric 7 min m Pizza Hut i E 300 S Katy Cree k % City Market 4 Huntphy_oi lo C,� 62. '6> La Moab Brewery O (/) G Moab Valley In Chevron Page 127 of 338 Maverik Adventure's First Stor W �lemerriary SCh1;01 A A `n 14Ingale kie 257-329 North 100 west w aon hl Moab Regional Hospital TOM Till Pa pry - MUMS wall Rresiden1 Day. °';°=k Blvd yr 4�mer 8 Moab Co 41F'Road Adventures r4arre Creo„ Hum Moab Brewery Approved Route =.zaar, ; I ENDS Cny Markel 61„r eok h2 4 rn 2 m F {''rrrhrg SY 400 E E 3D0 3 Page 128 of 338 C140N g m E CcrA r m E Rosa TreeLn rEehplg In 200 s Sndral Or Bowcri Cir rderlbirry 2,1 1 _I 8,965-999 South Main Street i*IrcTgor, Hillside Cr �oeLa" Rotary Park E oek Si Sind Pats. NO s, a6. Ate '<3- 4earXreQ L57 4eerr,e Peek Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 6-5 Title: Granting of Local Consent for a Hotel Liquor License for Hyatt Place Moab, located at 890 N. Main Street. Date Submitted: March 15, 2018 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer Background/Summary: This applicant is applying for a Hotel Liquor License with the Department of Alcoholic Beverage Control. The Hotel License entitles the Licensee to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises, in accordance with the State of Utah Liquor Control Act and ordinances of the City of Moab. The Hyatt Place Moab has a projected opening date of July or August 2018. They would like to get their application turned into the DABC to get the process started. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of this Local Consent. Recommended Motion: "I move to approve the Local Consent for a Hotel Liquor License for Hyatt Place Moab, located at 890 N. Main Street." Attachment(s): Local Consent Form Page 129 of 338 6-5 Special Events/Permits HOTEL LIQUOR LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant. AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 MO a.o KCity G ] Town [ ] County Local business license authority hereby grants its consent to the issuance of Hotel liquor license to: Business Name (DBA): ---\\ ocli. C l a (e [mil D citrl Entity Name (or owner's name if sole proprietor): M d 9 N Q ce./ WC Location Address: VI C N - Mal h S"ilre:eil. MOge U1' % 4532 Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is also acceptable. The local consent must be submitted to the DABC by the applicant as part of a complete application. Effective Dale: May 9, 2017 5 6-5 Special Events/Permits Page 130 of 338 Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 6-6 Title: Granting of Local Consent for a Bar License for Zax Woodfired Pizza, located at 96 S. Main Street. Date Submitted: March 23, 2018 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer Background/Summary: This applicant was previously issued a Dining Club License from the Department of Alcoholic Beverage Control for their bar area. The DABC will no longer offer Dining Club Licenses as of July 1, 2018. They will automatically approve the conversion from a Dining Club to a Bar License, but will require a new Local Consent. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of this Local Consent. Recommended Motion: "1 move to approve the Local Consent for a Bar License for Zax Woodfired Pizza located at 96 S. Main Street." Attachment(s): Local Consent Form Page 131 of 338 6-6 Special Events/Permits BAR / FRATERNAL / EQUITY LIQUOR LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant. AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 1 Y 1 0 �b , [City [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a SI Bar [ ] Fraternal [ ] Equity liquor license to: Business Name (DBA): ZO"...,X \J ood T, fed- Q` z261/4..- Entity Name (or owner's name if sole proprietor): 1 reS F Jai 03 L_L G Location Address: 1 6.' S. Mo..; -\ S'. Moab, v`1. 7"t'3a Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is also acceptable. The local consent must be submitted to the DABC by the applicant as part of complete application. Effective Date: May 9.2017 9 6-6 Special Events/Permits Page 132 of 338 Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 6-7 Title: Approval of a Private Property Vendor License for Nick Oldroyd, d.b.a. Twisted Jeeps to conduct a display apparatus, located at 446 South Main Street for a term of April 15, 2018 to April 14, 2019. Date Submitted: March 16, 2018 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer/Planning Background/Summary: This application is for a Private Property Vendor License. Twisted Jeeps currently has a business license for this location at 446 S Main Street. They would like to put up an EZ up tent and sell t-shirts and have free hot dogs and burgers. Staff has reviewed the proposed application and finds that it meets the requirements of our vendor ordinance. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Private Property Vendor License for Twisted Jeeps at 446 South Main Street for a term of April 15, 2018 to April 14, 2019. Recommended Motion: "1 move to approve a Private Property Vendor License for Nick Oldroyd, d.b.a. Twisted Jeeps located at 446 South Main Street." Attachment(s): Vendor Application Page 133 of 338 r6-7 Special Events/Permits DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY 4F MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL — YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $ (AS DETERMINED BY RESOLUTtoN) LICENSE #: ZONE: BUSINESS NAME: Ell kt! BUSINESS PHONE:35 .. _p ) BUSINESS MAILING ADDRESS: 14L' ' oda 14 CTY. iftair e-mail address: _crilia-F ette c _can Location(s) where business wi!I be conducted: Attach agreement of authorization from property owner(s) �.� including employee use of Restroom Facilities '4'j 1![ Length of time andlor specific dates business will be conducted: **Li_ 1je- _W?sig. Proposed hours of operat'on. Type (see definitions): Cart 0 Vehicle ,rAr Display Apparatus Vendor Type (see definitions) 0 Street Vendor 0 Sidewalk Vendor Private Property Vendor 0 Local Vendor 0 Food Vendor STATE I hp. D Goods, wares, services or merchandise to be sold or offered for sale. BUSINESS OWNER'S NAME. �I�It_ draid _ f fPH,ONE: �{J - OWNER'S ADDRESS: tr4 r 11 CITY � STATE LiT ZIP: l. OPERATOR'S NAME (IF DIFFERENT FROM OWNER) PHONE: OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER): CIPr. STATE: ZIP. SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION) NAME REGISTEREv'.VITH THE STATE FOR TAX ID. '� ft: 1.4. c 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! Page 134 of 338 6-7 Special Events/Permits DEFINITIONS: z 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. • 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 Cade 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. i 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. THIS FORM IS AN APPLICATION FOR A BUS NESS LICENSE. THE ALTUAL 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 APPROVED BY THE MOAB CITY COUNCIL ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE W LL BE DELAYED 1T IS A CLASS 'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE INVE N , (1 (e RLEASE PRINT NAME; Si HEREBY AGREE TO CONDUCT SAID BUS'NESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORD NANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED REIN IS TRUE. IM1E UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. IANE : R s' O FILE THE PROPER REPORTS WI THE STATE OF UTAH I 111018 T: IBUS VESS LICEASESIBUS L1C FORA1S1Bos Lk - ['endar mum docr Page 135 of 338 6-7 Special Events/Permits VENDOR APPLICATION CHECKLIST ❑ DESCRIPTION OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING: MENSIONS OF THE STRUCTURE PHOTOGRAPHS OF STRUCTURE SITE PLAN TO A SCALE OF NOT LESS THAN VrEQUALS ONE FOOT SHOWING: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY LANDSCAPED AREAS WITH DIMENSIONS ALL EASEMENTS IMPACTING THE PROPERTY ❑ SIGN PLAN ❑ CERTIFICATION OF INSURANCE OF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK OF PROPOSING OPERATION IN A RESIDENTIAL ZONE) FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM `5 HEALTH INSPECTION REPORT (IF APPLICABLE) ll 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. f _ ZONING COMPLIANCE EVIDENCE LC COMPLETE ATTACHED COMPLIANCE FORM T ATTACHED PROPERTY OWNERS AUTHORIZA T10N LETTER 1. 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: 14,2018 r'.BUSIN1 SS LICErVSE'S.BUS LIC FORMSIBus Lic - Vendor revison door Page 136 of 338 6-7 Special Events/Permits LICENSE APPROVALS MOAB CITY COUNCIL p AGENDA DATE: — (? — �(J 0 APPROVED 0 DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PL kyNING APPROVED 0 DISAPPROVED REASON(S): CITY RECORDER 0 APPROVED 0 DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER Fee Calculation: Mobile Vendor Fee Structure Administrative Fee' $600 one time fee Solid Waste Free/Food vendors . $10 per month or partial month Limited Term (less than 30 slays) m ._ $610 Flat Fee (includes administrative fee) r� Long Term (1 month-12 months) $20 i er month • Iras,admin fee) *Waived for local vendors with permanent business address in Grand County .. M ` - ' >' Total Fee 3:6. 0 ins T:'BUSINESS LICEASESIBUS LIC FORMSIHus Lic - I endor revison.doex Page 137 of 338 6-7 Special Events/Permits CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET Mane, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVIUE(S) INDICATE SERVICES) ❑ OTHER, PLEASE EXPLAIN; BUSINESS NAME 1-44W -105 44- I-a/6) B JSINESS ADDRESS: kalLi4 01114A '-i- Nair ur 97 i OWNER'S NAME cditsd TYPE OF BUS;NESS (EXPLAIN FN DETAIL) (1.1:1 BL yt 7-41 altd u 6 BUSINESS PHONE, qs? --?$T� 0 _ OWNERS PHONE de -q THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPO BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUIRED: 0 YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED' 0 YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON' SIGNATURE TMENT FOR INSPECTIONS, HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED 0 YES ,KNO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVEDDISAPPROVED REASON. 111111 ��y��y ..0.1041111111111116.' 4SIGN�ft *7 1.115 Page 138 of 338 6-7 Special Events/Permits City of Moab 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Name of Applicant: NICi Cidayd Business Name: pitt 6 iftt P t45 Address: 010; 4 Oak vr ist Phone: (435)259-5121 Fax: (435)259-4135 www.moabcity.org Phone: Li `03 - -- Email: ani.actei-iw.5frdive,4,6rin Property Owner: IsiTy e4Agar 05Ve.,eiej Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Street Vendor ❑ Sidewalk Vendor rivate Property Vendor ❑ Local Vendor ❑ Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Cart ❑ Vehicle J�]isplay Apparatus Detailed description of business activities: _Ll(F 1c 4- f�_�� . 17-4111f K Akt liktfl /Ai*/ t-/e 4 Total number of off-street parking spaces: Hours of operation. f ,L To be filled out by city: Zoning: 02 Allowed use per Moab Municipal Code section: f1. g4.0 0 Number of parking spaces required for permanent business. 10 Number of parking spaces required for other businesses: - "- Zoning Administrator Page 139 of 338 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 54532-2534 (435) 259-51 21 FAX (435) 259-4135 Property Owner Authorization Letter Date. /V-ij City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that I, ` � K MAhalp vh�aLif �10►4-hy ( Cay alt•Ilen) (prop rty owner name) am the owner of the property located at y y wir41 n S . why; b u 7` ci) J",3 Z I understand that has applied for a business license for (property address and parcel tar lU # ) LLC my('( (name of business license applicant) 1-to si-er1 .\42x,ps L t-C (applicant business name) from the City of Moab and that their business will be located from the above described address. 1 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. bciath K, G6i ev, Signature Printed Name 'ol j f k//� uf�.s.✓�'O. �� 26d - 26 k, 0S7, +e'Nr6942)4'12J.ebifil. Telephone # Email Please list additional businesses authorized to use the above property and restroorn facilities: Page 140 of 338 6-7 Special Events/Permits Untitled Map Lanthat 1 e_MperriMus i:) 9018 tmg1� s4.ivauad/54.u2n3 ppads L-9 Legend l=1 Canyonlands Outdoor Sports L.: Untitled Map _ si!und/s4.uan3 lopads L-9 Legend 1:1 Canyonlands Outdoor Sports s44u,i2d/s.pan3 ppads z-9 Page 143 of 338 Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 6-8 Title: Approval of a Private Property Vendor License for Lauren Flores, d.b.a. All Good Superfresh, located at 56 West 100 South for a term of May 1, 2018 to October 31, 2018. Date Submitted: April 2, 2018 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer/Planning Background/Summary: This applicant is seeking approval for a Private Property Vendor license located on the Moab Backyard Theater Company property. They specialize in fresh juice and smoothies. Last year there was another food vendor at this same location. Staff has reviewed the proposed application and finds that it meets the requirements of our Vendor Ordinance. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Private Property Vendor License for Lauren Flores, d.b.a. All Good Superfresh, located at 56 West 100 South for a term of May 1, 2018 to October 31, 2018. Recommended Motion: "I move to approve a Private Property Vendor License for Lauren Flores, d.b.a. All Good Superfresh, located at 56 West 100 South." Attachment(s): Vendor Application Page 144 of 338 6-8 Special Events/Permits DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB 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: C3 BUSINESS NAME: '- l 1 1 [%I 60a Su pir-HtSle BUSINESS MAILING ADDRESS: [� r Wa n L17 , u 1 CI"� e-mail address: I aU )(VI -H Orel •j �[ ,%' YIA( �.1 - Mel Location(s) where business will be conducted: V Attach agreement of authorization from property owner(s) including employee use of Reslroom Facilities 5(v Y" Length of time and/or specific dates business will be conducted Proposed hours of operation: 7 p ri oa,a BUSINESS PHONE 2-0-7 ) STATE: uT zF. Ws—Sz. , loos. Moab VT WS732- MayI,zDg- n .31,2o1? Type (see definitions) Cart ❑ Vehicle abisplay Apparatus Vendor Type (see del Ilion* ❑ Street Vendor ❑ Sidewa'k Vendor Fi Private Property Vendor ❑ Local Vendor#Food Vendor oond, Goods, wares, services or merchandise to be sold or offered for sa e BUSINESS OWNERS NAME: III )1 �[/1/ 1 I ! orej j _P PH�':.NE "I 7 1)7`7 2 6 �' OWNERS ADDRESS: 2t 1 1 �I'f LY� 3(kC r. �II °alb STATE J—Z TIP: PG-3 h I j�I, , ` / �� �/D]ATE OF BIRTH: j OPERATORS NAME (IF DIFFERENT FROM OWNER): �1 I I f i p VV V L le-hte_ bavY'e I r ottS PHONE' Z�I 1 UCS l OPERATORS ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: ZIP: SALES TAX 10 # (ATTACH PROOF FROM UTAH TAX COMMISSION) NAME REG STEREO WITH THE STATE FOR TAX ID: Ali &Topa St, re 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 1S 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! Page 145 of 338 6-8 Special Events/Permits 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 (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. 1/WE l letij PLEASE PRfNT NAMES) HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATI N CONTAI 'ED HEREIN IS TRUE. IIWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNE UWE AEE TO FILE THE ' ; " ' ' PORTS WITH THE STATE OF UTAH. gnaItreof ppiit�nl DEFINITIONS: ?"-b2-/210/ Cale "r 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. a 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. D 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, • 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. inteaU17 T: BL SINESS LICENSES' BUS LIC FORMS' Bus Lic • I. endor rerison.docr Page 146 of 338 6-8 Special Events/Permits LICENSE APPROVALS MOAB CITY COUNCIL L! AGENDA DATE: T — / 0 ` f O © APPROVED DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING ('APPROVED O DISAPPROVED REASON(S): CITY RECORDER ▪ APPROVED © DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER Fee Calculation: Mobile Vendor Fee Structure _ Administrative Fee* ' $600 one time fee Solid Waste Fee/Food vendors , $10 r month or partial month Limited Term less than 30 da s} $610 Flat Fee includes administrative fee Long Term (1 rnonth-12 months) $20 r month us admin fee `Waived for local vendors with permanent business address in Grand County �° Tatal Fee 3/610M T.'BUSINESS LICEASES:BUS LIC FORdISIBus Lic - Vendor revisor doer Page 147 of 338 6-8 Special Events/Permits CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 269.4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FORAM EXISTING BUSINESS ADDING A NEW SERVICE(S), INDICATE SERVICE(S): OTHER, PLEASE EXPLAIN: .pYpri;o.LA,at-L. BUSINESS NAME: A i i (mod ,Svptx-ertyit E,(/L. BUSINESS ADDRESS: Slo VI/ • 'W ,s• /14 0Oh V r. BUSINESS PHONE: 707) 2- as-3 OWNER'S NAME: LQvrial b�c Roos/ phi Lip 16714r_...) Q OWNER'S PHONE PZ}7uZ' CsC11I TYPE OF BUSINESS (EXPLAIN IN DETAIL): (Y t 1JI 11. 1,(,� Y M I UI o 1� JaeU i a [ � v rd r� -frcSl/ ui Lt, 0,0 Critoollveg THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/13445 125�EA T CENTER INS TIDN REQUIRED: YES ❑ NO (SIGNATURE 730UEREDIF YES,DAT£ OF INSPECTION v � ! APPROVED ISIo SAPPROVEO REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: DYES ❑ NO (SIGNATURE REQUIRED) rj IF YES, DATE OF INSPECTION 3 ~ �l APPROVEDISAPPROVED 0 REASON: SIGNATURE r. n HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLvO [N ECTION REQUIRED: ES 0 NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED DISAPPROVED 0 REASON: / \ 6-8 Special Events/Permits Page 148 of 338 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-51 21 FAX (435) 259-4135 Property Owner Authorization Letter City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This Ietter is to certify that 1 (propertner name) �/ am the owner of the property located at W 0 �S M oft,R 117- BgS-32 Date: S 2-2- ! 8 (property address and parcel tax 1❑ #) I understand that L AU f-vx1 ruowz has applied for a business license for (name of business license applicant) • (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. Telephone # to- Litt Printed Name ^Jvt�e Email 5trrul-e@svcr3; A , co ►''� Please list additional businesses authorized to use the above property and restroom facilities: 6-8 Special Events/Permits Page 149 of 338 MOAB V1 1Y1V UV 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant:T" ( Name of Applicant: (AVYon Fiore - Business Name: �Good Supt r-f res h Address: SI 10 047• M o 47/4‘3 Z Phone: 2°1)757 ' 62.S73 / Email: I a-VrtiMOYCC j 0, gma41 Carr Property Owner: S PFH-1 Fawn' l t- lib• Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Street Vendor ❑Sidewalk Vendor ❑ Private Property Vendor ❑ Local Vendor ood Vendor Type (see Moab Municipal Code Chapter 5.64.010 For definitions): ❑ Cart ❑Vehicle 14JA splay Apparatus Detailed description of b✓✓✓usiness activities: pre pa,i aG vractt - p Orde-r Smoorhits. a.td ;&)(01 (00- pros i ui eJ Am- 'Lig 8z. h DU is 6- ( /AM - 7 pm . pre ftm arut S-crui qi grub cult o il-orvLS . pi-I-cXt can FP-Q. 0 ._ , ea+, (Ia., iiej. , eio-, f-ilvk, , olv-I-cA/L Total number of off-street parking spaces: 5 Hours of operation. 7A'M —7pM To be filled out by city: Zoning: Allowed use per Moab Municipal Code section: 11. A4 ,0A0 Number of parking spaces required for permanent business. 11.V. 110 .14a oM Ar Number of parking spaces required for other businesses: tr Zoning Administrator Date Page 150 of 338 6-8 Special Events/Permits WASTE WATER AGREEMENT (DUMP SITE) DATE: 3' alp COMPANY: !A,e vn E C lT�- J S ADDRESS: g50 5 'mict ,/ M opa, T w e . t hereby agrees to allow use of the waste water dump station as it relates the operations of and for All Good Superfresh LLC. All Good Superfresh will be given access as needed and agreed upon to water dumping station. Ultimately, determijies amount and use times that do not conflict with their n use. ft'd' ` requirements and business demands shall supersede any part of this agreement when usage conflicts or schedules conflict. Dump site Owner/manager Vendor / Catering Company Page 151 of 338 6-8 Special Events/Permits 97' standard man gate 4' Theater Parking Spaces (3) 10' wide x 20' long 30' 20' Power 000 amo metar with link bypass with 125 amp pane �f • 0 trash • Q tAdditional Offstreet Parking at A-1 Storage 5 spaces 66.6' see attached reciept (total: 8 spaces) Performen3 Platform 8 x 16 0 0 Covered Straw Seating for 20 people aoo • • • • • • l• • • • • Rear Entrance 12' • TheaterSeating 30 people Structure= 10' x 20' for shade and signage 25' 40' �TIZU cru12.5 ApRM.TUS iAj X 15 Rented Space for Food: about 1,000 sq feet 66" wide e�gN Front Entrance Pedestrian 12' 3 • table O trash O trash Water Hydrant Page 152 of 338 88' 6-8 Special Events/Permits 54.1uaJad/si.uan3 lopadS 8-9 Page 153 of 338 Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 6-9 Title: Approval of a Performance Permit Application for Fiery Furnace Marching Band to Conduct Performances at Various Locations to coincide with Moab ArtWalk, Moab Farmers Market and other community events. Date Submitted: April 2, 2018 Staff Presenter: Meg Stewart, Arts & Special Events Manager Attachment(s): Performance permit application Options: Council can approved table or deny the proposed resolution. Recommended Motion: "I move to approve a Performance Permit Application for Fiery Furnace Marching Band to conduct performances at various downtown locations to coincide with Moab ArtWalk and other community events" Background/Summary: The Fiery Furnace Marching Band has submitted an application for a Performance Permit as allowed under Chapter 5.70 of Moab Municipal Code. The Fiery Furnace Marching Band has been bringing New Orleans style music to Moab's community events for the last two years. Their upbeat renditions of popular songs gets locals and visitors up and dancing! Page 154 of 338 6-9 Special Events/Permits DATE PAID: 2 - AMOUNT PAID: )1/ b . -0 RECEIPT NO.: c?? D —S / / % CITY of MOAB PERFORMANCE PERMIT APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: C/TY OF MOAB PERFORMER'S INFORMATION (PROVIDE INFORMATION ON ALL PERFORMERS) FEE LICENSE #: ZONEs NAME OF PERFORMER RANIj hB UZ,- L� aiAi Of) 6ft PHONE: J PERFORMER'S ADDRESS; CITY STATE: ZIP NAME OF PERFORMER: PERFORMERS ADDRESS. NAME OF PERFORMER: PERFORMER'S ADDRESS: � uti_erkru, 87 It6( ±-cata. PHONE: 1436-1-114 - 1 I9 zIP: C TY: PHONE: STATE: ZIP: TAME OF PERFORMER: PERFORMER'S ADDRESS: C TY' PHONE: STATE: DP: NAME OF PERSON RESPONSIBLE FOR COMPLIANCE WIN CI"Y CODE FOR STREET PERFORMERS IF THIS IS A GROUP: (-A-,e}Airkr PHONE: ;JR W PERFORMANCE DETAILS DETArLED DESCRIPTION OF PERFORMANCE' AZ( CACIA46 f 1,4 tzodi kijvi 44/le Peile eiti949APle • bee y»1-- 04466 ROPS U D F ANY; _ TYPE OF MUSIC AND NSTRUMENTS USED. IF ANY. o64.1 Saxe-A-plko"1-1 rru oyP.t, pNl'�L -- NIE,6k�11L015 S� TYPE OF STRUCTURE(S) USED, IF ANY. _ 'tailMtaill I 4114 ADVERTISING METHODS USED, IF ANY: DA-E(S) OF PERFORMANCE(S): ilk '±-1_111„s /at_j,�f q - .isi_toit.3„41.0_ TIMES) OF PERFORMANCE(S) : _5p eil T yyy 111 Duration of performance(s):4_ krS LOCATION OF PERFORMANCE(S) koo„.6 4 kaab+ `K�_C,Ceetitt&y" PROPERTY OWNER(S) NAME IF WITHIN 10 FEET OF OR ON PRIVATE PROPERTY: I, THE PRDPERTY OWNER(S), AUTHORIZE THE AKVE PERFORMER(S) AND PERFORMANCE(S) ON OR NEAR MY PROPERTY FOR THE TERM OF THIS PEWIT_ S*NATURE OF OMENS) SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 155 of 338 6-9 Special Events/Permits THIS FORM IS AN APPLICATION FOR A PERFORMANCE PERMIT. THE ACTUAL PERMIT WILL BE ISSUED ONLY AFTER CITY COUNCIL APPROVAL. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A PERMIT WILL BE DELAYED. THE UNDERSIGNED HEREBY AGREES TO ADHERE TO THE RULES AND REGULATIONS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRJE. THE UNDERSIGNED UNDERSTANDS THIS PERMIT IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND PERMIT£E(S). THE UNDERSIGNED AGREES TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. nze3 MOAB CITY COUNCIL �f / AGENDA DATE: / -1 — o APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: L, 2" Page 156 of 338 s-1-!WJad/sl.uan3 inpadS 6-9 4/3/2018 Chapter 5.70 STREET PERFORMERS Chapter 5.70 STREET PERFORMERS Sections: 5.70.010 Definitions. 5.70.020 Rules and regulations. 5.70.030 Performance permit --Application. 5.70.040 Permit --Issuance. 5.70.050 Grounds for denial. 5.70.060 Permit --Display. 5.70.070 Permit --Nontransferable. 5.70.080 Permit --Fees. 5.70.010 Definitions. For the purposes of this chapter: A. A "street performer" shall be defined as an individual or group who performs in a public area or a private outdoor area adjacent to a public street or sidewalk, for the purpose of providing public entertainment. B. A "performance" shall be defined to include, but not be limited to, the following activities: playing music, singing, dancing, pantomiming, puppetteering, juggling, reciting, etc. Performance does not include the provision of personal services. C. A "charge" shall be defined as requiring someone to pay a fee or to set, negotiate or establish a fee for a performance. Seeking voluntary contributions through passing around a hat, leaving an open instrument case or other receptacle, or soliciting donations after a performance is not defined as a charge. (Ord. 03-05 (part), 2003) 5.70.020 Rules and regulations. A. No street performer may perform or solicit contributions for a performance: 1. Within ten feet of any street corner or marked pedestrian crosswalk. 2. Within ten feet of the outer edge of any entrance to any business, including but not limited to doors, vestibules, driveways, outdoor dining area entries and emergency exits during the hours that any business on the premises is conduction business, without express written permission from the affected business or business, B. A street performer may not block or obstruct the free movement of pedestrians. If a sufficient crowd gathers to observe a performer such that a passage of the public through a public area is blocked or obstructed, a police officer or other city official may disperse that portion of the crowd that is blocking or obstructing passage of the public. Page 157 of 338 http:llwww.codepublishing.com/UT/Moab/M/Moab051Moab0570.html#5.70 1 3 6-9 Special Events/Permits 4/3/2018 Chapter 5.70 STREET PERFORMERS C. A street performer who performs for a charge shall obtain an appropriate business license as provided for in Moab Municipal Code. D. No street performer may litter his or her performance site. E. No street performer shall place any object on a public sidewalk which causes less than a four foot contiguous sidewalk width to be kept clear for pedestrian passage. F. No street performer shall perform on any public sidewalk with more instruments, props, equipment or other items than the performer can reasonably transport or remove at one time. G. No street performer shall perform in contravention to the allowable noise levels established by Municipal Code Chapter 17.74 H. No street performer shall block or obstruct a curb cut. !_ No street performer shall connect or maintain an electrical cord to an adjacent building or to a city power source, except as part of an approved use of a public park. J. Street performers utilizing outdoor private property must obtain written permission from the property owner to engage in a performance. K. Any street performer meeting one or more of the following conditions shall obtain a performance permit as provided for in this chapter prior to engaging in a performance: 1. The performance involves more than two performers, unless said performance is an established public park, subject to the reservation requirements and use regulations of the park_ 2. The performance involves the use or construction of any stage, platform or similar structure for use during any performance. 3. The performance involves the use of amplified music or sound. 4. The performance involves any advertising off the premises of the performance, including flyers, posters and signs. 5. The performance involves an admission charge. 6. The performance involves the use of knives, swords, torches, axes, saws, fire or other potentially dangerous objects or involves acrobatics, tumbling, unicycling or other potentially dangerous activity. (Ord. 03-05 (part), 2003) 5.70.030 Performance permit --Application. A street performer requiring a permit must complete and file with the city a performance permit application on a form approved by the city. The applicant must provide the following information: A. The names, addresses and contact information for all individuals performing under the permit. B. If a group is performing under a permit, a designation of the individual(s) who will be responsible for compliance with the provisions of this chapter. C. A detailed description of the nature of the act to be performed, including props, music, structures used, and any advertising methods. D. The proposed location and time, dates, and duration of the performance(s). Page 158 of 338 http //mv.v.cadepubiishing.com/UT/Moab!#!/Moab05/Moab0570_html#5.70 2 54.ivaJad/s4.uan3 lopods 6-9 4/3/2018 Chapter 5.70 STREET PERFORMERS E. if within ten feet of or on private property, a statement of authorization from the affected property owner(s). (Ord. 03-05 (part), 2003) 5.70.040 Permit --Issuance. Upon review of a performance permit under this chapter, the city council will determine if the application is satisfactory. The city council may consider the health, safety and welfare of the public and the performer(s) when determining if the application is satisfactory. The city council may place conditions on the issuance of the permit relative to the time, location and manner of the performance. After city council's approval, the city recorder will issue a performance permit showing the number of the permit, the date of issuance, the nature of the performance, the location(s) of the performance, the dates and time of the performance(s), and the name or names of the person(s) authorized to carry on same. (Ord. 03-05 (part), 2003) 5.70.050 Grounds for denial. A performance permit may be denied if the proposed performance is deemed to be a significant threat to public health, safety and welfare. (Ord. 03-05 (part), 2003) 5.70.060 Permit --Display. The permit issued under this chapter shall be kept on or about the persons authorized to perform under the permit. (Ord. 03-05 (part), 2003) 5.70.070 Permit --Nontransferable. Any permit issued pursuant to this chapter is not transferable by the permittee. (Ord. 03-05 (part), 2003) 5.70.080 Permit --Fees. All street performers requiring a permit under this chapter shall pay a street performer permit fee as established by resolution of the Moab City Council. (Ord. 03-05 (part), 2003) Mobile Version Page 159 of 338 http.//www.codepublishing.corn/UT/Maab/M/Moab051Moab0570.html#5.70 wr 6-9 Special Events/Permits Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 7-1 Title: Moab Municipal Code Title 2 Revisions Date Submitted: April 3, 2018 Staff Presenter: David Everitt Attachment(s): • Proposed Ordinance - legislative version • Proposed Ordinance - clean version Recommended Motion: I move to adopt Ordinance 2018-04, an ordinance amending and repealing certain provisions in Title 2 of the Moab Municipal Code pertaining to elected officers, appointment of officials, the Planning Commission, certain advisory boards, and records request fees. Background/Summary: April 20 update: On March 20, the City Council agreed upon a handful of revisions that are delineated in the legislative version attached. Presuming those are acceptable as written, the clean version is ready for adoption. *** Much of the Moab Municipal Code is in need of cleanup, clarification, and updates. The attached proposed ordinance addresses those needs for Title 2, Administration and Personnel, which contains an extensive range of provisions that affect day-to-day operations in the City. Specifically, this ordinance proposes the following changes: 1. Transfers appointment and removal power for certain department heads from the Mayor to the City Manager. This comports with current state law, provides consistency across the departments (except for Recorder and Page 160 of 338 7-1 Old Business Treasurer, which remain Mayoral appointments by state law), and allows for a more efficient employment process. 2. Removes outdated provisions regarding superintendents and at -will appointees. There is no need for a chapter designating the "City Collector", "Utilities Superintendent", "Superintendent of Streets", nor a chapter regarding at -will status. All of this is covered in the Personnel Policies and Procedures manual, which is adopted by resolution of the Council separately. This is true for severance benefits and appeals as well. 3. Removes sections regarding advisory boards that no longer apply. The Stuntmen's Hall of Fame, the MARC Advisory Board, the Hillside Review Advisory Board, and the Youth Center Board are either not relevant or defunct at this time. 4. Updates language related to records request fees to conform with the Utah Code Annotated and add specificity and detail, including in Exhibit "A" of the GRAMA fees section. 5. Updates the section governing the Planning and Zoning Commission to expand the number of Commissioners to seven, changes the term from five to three years, and adds clearer language where needed. Page 161 of 338 7-1 Old Business CITY OF MOAB ORDINANCE NO.2018- An ordinance amending and repealing certain provisions in Title 2 of the Moab Municipal Code pertaining to elected officers, appointment of officials, the Planning Commission, certain advisory boards, and records request fees. The following describe the intent and purpose of this ordinance: a. The City of Moab is a City of the Fifth Class, as defined by U.C.A. § 10-2-301, and operates under the six -member council form of government as defined by U.C.A. § 10-3-301 et segr.; b. From time to time the City undertakes to revise its ordinances to remove archaic or outdated language, and to bring ordinances into compliance with current City needs and practices; c. The City finds that several provisions in Title 2 of the Moab Municipal Code ("MMC") are dated and in need of repeal or substantial amendment in light of current practices and because certain administrative or other bodies are no longer in existence or needed; d. Utah Code Annotated § 10-9a-301 requires that a municipality adopt planning commission rules of procedure and order to govern public meetings. The City of Moab has additionally enacted ordinances which create the Planning Commission and specify the matters that are within its jurisdiction; e. That in the interest of efficient municipal administration a number of changes are needed to update the MMC, including: 1. Transfer appointment and removal power for certain department heads from the Mayor to the City Manager; 2. Remove outdated provisions regarding superintendents and at -will appointees; 3. Remove sections regarding advisory boards that no longer apply; 4. Update language related to records request fees to conform with the Utah Code Annotated and add specificity and detail, including in Exhibit "A" of the GRAMA fees section; and 5. Update the section governing the Planning and Zoning Commission f. The changes enacted in this ordinance comply with applicable Utah laws pertaining to the alteration or consolidation of statutory functions, and specifically U.C.A. 10-3b-303(1)(b). Now therefore, the Moab Municipal Code is amended as follows: 1 Page 162 of 338 7-1 Old Business Chapter 2.04 CITY COUNCIL 2.04.010 Oath required. Each member of the City Council, before assuming the duties of his office, shall take and subscribe the constitutional oath of office. 2.04.015 Role of the City Council. The City operates under the form of government as identified under U.C.A. § 10-3b-301. The City Council shall review and approve all resolutions and ordinances; appropriate funds and adopt the annual budget and any amendments; set all mill levies or other taxes; review municipal administration as set out herein; and perform all other duties that may be required of it by law. With appointment from the Mayor and with the consent of the Council, the Council shall designate a person to serve as the Mayor Pro Tempore. The Mayor Pro Tempore shall carry out all duties and responsibilities of the Mayor when the Mayor is absent or unable to perform same. Any executive or administrative power held previously by the City Council is now delegated to the City Manager.. 2.04.020 Meetings --Time and place. A. The stated meetings of the City Council shall be held at a place designated by the City Council on the second and fourth Tuesday of each month, provided that when any meeting occurs on a general holiday, the meeting shall be held on the next succeeding day. The Council may hold other or special meetings at such times it determines to be convenient. B. All meetings may be adjourned from time to time as business may require. The hour of regular meetings shall be seven p.m. C. All regular City Council meetings may be preceded by a pre -meeting workshop for the purpose of allowing the council to receive staff reports and recommendations on regular meeting agenda items. The workshop shall commence one-half hour before the meeting, or such longer period of time as the council shall by notice designate. D. All pre -meeting workshops shall be open to the public, but shall not be regarded as "public hearings" for the purposes of allowing testimony or comment from the public. E. Pre -meeting workshops shall be conducted in an informal manner in the discretion of the governing body. Final action on any ordinance, resolution, or agenda item reviewed at a pre -meeting workshop shall be reserved for the regular meeting. (Ord. 98-04 § 1(part), 1998; Ord. 96-08, 1996: prior code § 2-8) 2.04.040 Meetings -Procedure generally. The City Council shall sit with unlocked doors and shall keep minutes of its own proceedings. The votes for or against shall be taken upon the passage of all ordinances, all propositions to create any liability against the City, and in all other cases at the request of any member, which shall be entered upon the minutes of its proceedings. Unless otherwise provided for by law, the concurrence of a majority of the Council shall be necessary for the passage of any such ordinance or proposition. A majority of the Council is shall constitute a quorum to transact Council business. (Prior code § 2-10) 2 Page 163 of 338 7-1 Old Business 2.04.050 Meetings -Reconsideration of votes. No vote of the City Council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there are present as large a number of City Councilmembers as were present when such vote was taken. (Prior code § 2-11) 2.04.060 Meetings -Deferral of action on reports. Upon request of any two members of the City Council, action on any report of a committee of the City Council shall be deferred to a future meeting of the City Council., (Prior code § 2-12) 2.04.070 Meetings -Special meetings. The Mayor or any two members of the City Council may call a special meeting of the City Council by giving a notice thereof to each of the members of the City Council. Notice may be served personally, left at their domicile, or via email. Email is considered the preferred manner of providing notice. (Prior code § 2-13) 2.04.080 Vacancies. If any vacancy shall occur in the office of City Councilmember by death, resignation, removal or otherwise, such vacancy shall be filled for the unexpired term by a vote of the City Council. Should the City Council fail for forty-five days to fill the vacancy in the City Council, the City Recorder shall sit as a member of the City Council for the purpose of choosing some person to fill such vacancy. (Prior code § 2-14) 2.04.090 Reinvestment Agency Authority. Pursuant to Section 17C-1-102, et seq. of the Utah Code Annotated, as amended, the Community Reinvestment Agency Act, a community reinvestment t agency of the City is hereby created, and the City Council is designated as the governing body. The Council shall have the power to transact business and exercise all of the powers of such agency as otherwise provided by law. 3 Page 164 of 338 7-1 Old Business Chapter 2.08 MAYOR 2.08.010 Oath required. The Mayor, before assuming the duties of the office, shall take and subscribe the constitutional oath of office. (Prior code § 2-16) 2.08.015 Role of the Mayor. The powers and duties of the Mayor are as follows: A. The Mayor is the chief ceremonial officer of the City and the presiding officer at all meetings of the City Council. B. The Mayor is a non -voting member of the Council, but may vote where there is a tie vote of the other Council members, or as otherwise provided by law. C. The Mayor, as a member of the Council, may participate in all deliberations of the Council in setting policy for the City. D. The Mayor shall retain any legislative or quasi-judicial powers vested by law. E. The Mayor shall appoint, with the advice and consent of the Council, persons to fill any vacancies on commissions, boards, or committees of the City. F. The Mayor is the primary contact for the City Manager, and provides day to day oversight and supervision of the City Manager. The Mayor, in consultation with the other Council members, is responsible for facilitating the employee evaluation process for the City Manager. G. Any other executive or administrative power held previously by the Mayor under prior law is delegated to the City Manager. (Ord. 93-9 § 6, 1993) 2.08.020 Office to be vacant upon removal from city. If at any time during his/her term of office, the Mayor shall no longer make his/her primary residence within the City, the office shall thereby become vacant. (Prior code § 2-17) 2.08.030 Vacancy -Filling. Whenever a vacancy shall occur in the office of Mayor, the City Council shall appoint a Mayor, who shall possess all the rights and powers of Mayor until the next municipal election, and until his/her successor is elected and qualified. (Prior code § 2-18) 4 Page 165 of 338 7-1 Old Business Chapter 2.10 CITY MANAGER 2.10.010 Office created. As authorized by U.C.A. § 10-3b-303 there is created the office of City Manager of Moab, Utah. (Ord. 93-9 § 1, 1993) 2.10.020 Appointment. The appointment of a person to be known as City Manager shall be by the City Council, including the Mayor. Once approved by the City Council, the Mayor shall sign the contract entered into with the City Manager on behalf of the City. (Ord. 93-9 § 2, 1993) 2.10.030 Term. The City Manager shall serve at the pleasure of the City Council, except that the Council shall employ the Manager for a term not to exceed three (3) years. The term of employment may be renewed at any time. Any person serving as City Manager may be removed with or without cause by a majority vote of the City Council. (Ord. 93-9 § 3, 1993) 2.10.040 Powers and duties. The powers, duties, and obligations of the City Manager are as follows: A. The administrative powers, authority, and duties are vested in the City Manager. B. The City Manager shall be the chief administrative officer of the city and shall be responsible to the City Council for the administration of all city affairs placed in his or her charge. All City employees, contractors, or appointees (excluding persons appointed to City boards or commissions) shall be under the supervision and direction of the City Manager. C. Subject to the terms of applicable contracts or personnel policies, the City Manager shall hire and, when he/she deems it necessary, suspend or remove all City employees and contractors. The City Manager has discretion to delegate personnel authority to any subordinate employee or department head with respect to employees under that person's direct supervision. D. The City Manager shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by law. E. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager and neither the Council, nor any member thereof, or the Mayor shall give orders to any subordinates of the City Manager, either publicly or privately. F. The City Manager shall attend meetings of the City Council with the right to take part in the discussion but not to vote. The City Manager may recommend to the City Council for adoption such measures as she/he may deem necessary or prudent. G. The City manager is designated as the budget officer for the City and shall perform or cause to be performed all of the duties of such office as set forth in the Uniform Municipal Fiscal Procedures Act. As budget officer, the City Manager shall prepare and submit the annual budget to the City Council, along with any proposed amendments to the budget. H. The City Manager shall promptly notify the Mayor and City Council of any emergency existing in any City department or body. 5 Page 166 of 338 7-1 Old Business I. The City Manager shall perform such other duties as may be required by law, or by the City Council through ordinance, resolution, or informal direction. J. In the manager's temporary absence, the Assistant City Manager shall exercise the powers and perform the duties of the City Manager. K. The City Manager shall carry out the policies and programs established by the Council. L. The City manager may examine and inspect the books, records, and official papers of any office, department, agency, board, or commissions of the city and make investigations and require reports from all personnel. (Ord. 94-16, 1994; Ord. 93-9 § 4, 1993) 2.10.070 Salary. The salary of the City Manager shall be set from time to time by resolution of the City Council. (Ord. 93-9 § 7, 1993) 6 Page 167 of 338 7-1 Old Business Chapter 2.12 DUTIES OF CITY RECORDER 2.12.010 Oath required. The City Recorder, before assuming the duties of the office, shall take and subscribe the constitutional oath. 2.12.020 Duties. Pursuant to U.C.A. § 10-3-916 the Recorder is appointed by the Mayor, with the advice and consent of the City Council. The Recorder shall perform all duties as may by law devolve upon him/her as recorder of a city of the fifth class under the laws of the State of Utah. The Recorder shall keep records properly indexed of all City contracts, and the records shall be open to inspection by all interested persons. Unless otherwise provided by ordinance, the Recorder shall be ex-offici city collector. The Recorder shall perform such other and further duties as the City Council may by ordinance provide. Within the office of the Recorder a properly qualified employee may be appointed by the Recorder as the Deputy Recorder. The Deputy Recorder is authorized to perform, and shall perform, all duties of the Recorder during such times when the Recorder is unavailable or unable to perform same. Any official act of the Deputy Recorder taken in the absence of the Recorder shall be valid and binding to the same extent as if done by the Recorder. The Recorder, in addition to the powers and duties imposed by law and ordinance, shall perform the following duties: A. He/she shall issue notices to the members of the City Council, when directed to do so by that body, and to members of the different committees and to all persons whose attendance is required before any committee, when directed or requested so to do by the chairman of such committee. The Recorder shall also issue notices of special meetings of the City Council. B. He/she shall attest all licenses granted under this code or any other ordinance of the City, and shall keep a record of the issuance thereof. C. He/she shall, without delay, deliver to the officers of the City, and all committees of the City Council, all resolutions and communications referred to such officers or committees by that body. D. He/she shall, without delay, deliver to the Mayor all ordinances or resolutions which may be required to be approved or otherwise acted upon by the Mayor, together with all papers on which the same are founded. E. He/she shall sign and attest all ordinances passed by the City Council that are signed by the Mayor or other officer. F. He/she shall certify to the publication of all ordinances, resolutions, or other official documents. G. He/she shall attest all papers signed by the Mayor officially, and keep and affix the corporate seal. H. He/she shall keep correct records and minutes of all proceedings of the City Council, recording the same to the extent otherwise provided by law. I. He/she shall countersign all contracts made on behalf of the City, and every contract made on behalf of the City, or to which the City is a party, shall be void unless signed by the Recorder. The Recorder shall endorse a certificate upon every bond, warrant, or other evidence of debt 7 Page 168 of 338 7-1 Old Business issued pursuant to law, by the City stating that the same is within the lawful debt limit of the City, and is issued according to law. J. He/she shall deliver to the successor in office the corporate seal, together with all books, papers, records and other property of the City. K. He/she shall have the power to administer oaths in all matters in any way connected with the City government. L. He/she shall attend to all official correspondence and report the same to the City Council as needed. (Prior code § 2-30) 2.12.030 Records of ordinances to be kept. A. The Recorder shall keep records of all ordinances, together with affidavits of publication by the publisher. Before taking effect, all ordinances shall be deposited in the office of the Recorder. B. The originals of all ordinances passed by the City Council shall be filed in the Recorder's office. (Prior code § 2-31) 2.12.040 Papers, records, transcripts -Copies. Upon request and upon the payment of such fees set by the City Council the Recorder shall make, affix the corporate seal thereto and certify copies of all papers filed in the Recorder's office and transcripts of all records of which the Recorder is the lawful custodian. (Prior code § 2-32) 8 Page 169 of 338 7-1 Old Business Chapter 2.16 CITY TREASURER 2.16.010 Oath required. The Treasurer, before entering upon the duties of office, shall take and subscribe the constitutional oath of office. (Prior code § 2-33) 2.16.020 Appointment of deputies and assistants. Pursuant to U.C.A. § 10-3-916 the Treasurer is appointed by the Mayor, with the advice and consent of the City Council. The Treasurer shall have power to appoint from within the office of the Treasurer a properly qualified employee who shall be designated the Deputy Treasurer. The Deputy Treasurer is authorized to perform, and shall perform, all duties of the Treasurer during such times when the Treasurer is unavailable or unable to perform same. Any official act of the Deputy Treasurer taken in the absence of the Treasurer shall be valid and binding to the same extent as if done by the Treasurer. (Prior code § 2-34) 2.16.030 Powers and duties generally. The Treasurer shall receive all money belonging to the City, including all taxes, license fees, utility billings, fines, and other funds owed to or held by the City, and shall keep an accurate and detailed account thereof, in such manner as may be provided by law, and shall collect all special taxes and assessments as provided by law. The Treasurer shall reconcile all accounts with the Recorder, as the City Council may direct at the end of every month, and turn over all warrants, interest coupons, bonds or other evidence of the indebtedness of the City which may have been redeemed during the month, taking the receipts of the Recorder therefor, and all such warrants, orders or other evidence of indebtedness shall be cancelled by the Treasurer and have written or stamped thereon the date of their payment or redemption. (Prior code § 2-35) 2.16.040 Collection of special taxes. The Treasurer is ex-officio collector of special taxes. (Prior code § 2-36) 2.16.050 Receipts to be given. The Treasurer shall give every person paying money to the City a receipt therefor, specifying the date of payment and upon what account paid; and he/she shall also file the duplicate of such receipt with the Recorder at the date of the monthly report. (Prior code § 2-37) 2.16.060 Payments. The Treasurer shall not pay any funds owned or held by the City to any person unless the expenditure is duly appropriated and authorized upon action of the City Council, the Purchasing Agent, or the City Manager as otherwise provided by law. (Prior code § 2-38) 2.16.070 Investment decisions at authorized banking institutions. A. The Treasurer is authorized to take any and all such actions in the name of and on behalf of the City in order to utilize investment opportunities available at banking institutions approved by the Utah Money Management Act. Such actions shall include but not be limited to setting up 9 Page 170 of 338 7-1 Old Business sweep accounts, zero balance accounts, automatic transfer of funds accounts and similar deposit and investment arrangements, entering into transactions similar to the foregoing, and performing such actions as may be required in connection with any of the foregoing. From time to time the Treasurer shall present to the City Council for approval all necessary resolutions for designation of depository institutions and authorized signatories. B. Agreements, instruments, or documents properly executed and delivered to any banking institution approved by the Utah Money Management Act by the city Treasurer shall be binding and enforceable obligations of the City, enforceable in accordance with their respective terms. (Res. 05-99, 1999) 10 Page 171 of 338 7-1 Old Business Chapter 2.20 is hereby repealed. Chapter 2.20 CITY COLLECTOR 11 Page 172 of 338 7-1 Old Business Chapter 2.24 CITY ATTORNEY 2.24.010 Establishment -Appointment -Term. There is established the office of City Attorney. The person(s) providing legal services to the City as City Attorney may be independent contractors designated by the City Manager or may be a full time city employee. Any applicable contracts for legal services are subject to approval by the City Council. Persons providing legal services to the City shall do so without a specified term, and services may be terminated as otherwise provided by contract. (Prior code § 2-43) 2.24.020 Oath required. The City Attorney, before assuming the duties of his office, shall take and subscribe the constitutional oath of office. (Prior code § 2-44) 2.24.030 Delegation of Tasks. Where appropriate, the City Attorney may delegate certain tasks to an associate or assistant attorney, provided that the City Attorney shall retain responsibility for all such tasks. (Prior code § 2-45) 2.24.040 Employment of special counsel. The City Attorney shall have the power to employ, by and with the consent of the City Manager, special counsel on matters pertaining to the legal affairs of the City, if the same is deemed necessary and advisable. Such special counsel shall be compensated by the City as provided by contract. (Prior code § 2-46) 2.24.050 Succession -Delivery of records. Upon the termination of legal services or upon request by the City, the City Attorney shall promptly deliver to any successor or such person(s) designated by the City copies of all books and papers, including but not limited to those in electronic form, pertaining to pending or concluded City legal matters. (Prior code § 2-47) 2.24.060 Powers and duties. The City Attorney shall be responsible for prosecuting and conducting all cases for violations of this Code or any other ordinances of the City. The City Attorney shall appear on behalf of the City in all suits in which the City, City employees or officials are a party, and shall prosecute or defend them, as the case may be, in any courts until they are concluded. It shall be the duty of the City Attorney to advise all City employees, the City Manager, the Mayor, and City Council with respect to their official duties; to prepare the draft of all such ordinances as the City Council or City Manager from time to time shall instruct; and to perform such other duties as this Code and any other ordinances of the city and the general laws require, or as the City Council may specially direct. In addition to the powers and duties imposed by law or ordinance, the City Attorney shall have the following powers and duties: A. He/she shall advise the City Council and its committees on such legal questions as may arise in relation to the business of the City, and attend the meetings of the City Council when required. 12 Page 173 of 338 7-1 Old Business He/she shall report periodically on any matter as necessary for the approval of the City Council or as necessary for oversight. B. Whenever a criminal action for the violation of this Code or any other ordinance of the City is brought in any court, it shall be the duty of the City Attorney to appear and prosecute such action. C. When requested, the City Attorney shall furnish written opinions or memoranda upon subjects submitted to him/her by the Mayor, the City Council, the City Manager, or the head of any department. D. He/she shall draft any deeds, leases, contracts or other papers and forms required by the business of the City, when requested so to do by the Mayor, the City Council, the City Manager, or the head of any department. E. He/she shall keep accurate records of all actions in which the City Attorney appears as counsel. Such books shall at all times be open to the inspection of the Mayor, the City Council, and/or the City Manager. (Prior code § 2-48) 2.24.070 Reporting Periodically, or as requested by the Mayor or the City Council, the City Attorney shall provide oral reports or written memoranda detailing the status of pending legal matters or tasks which have been assigned. Day to day reporting on pending legal matters shall be provided to the City Manager. (Prior code § 2-49) 13 Page 174 of 338 7-1 Old Business Chapter 2.32 UTILITIES SUPERINTENDENT Chapter 2.32 is hereby repealed. 14 Page 175 of 338 7-1 Old Business Chapter 2.36 SUPERINTENDENT OF STREETS Chapter 2.36 is hereby repealed. 15 Page 176 of 338 7-1 Old Business Chapter 2.40 OFFICERS GENERALLY Chapter 2.40 is hereby repealed. 16 Page 177 of 338 7-1 Old Business Chapter 2.52 PLANNING COMMISSION 2.52.010 Establishment --Composition. The Planning Commission shall consist of seven (7) regular members. (Ord. 06-01 (part), 2006: prior code § 2-60) 2.52.020 Appointment of members--Qualifications--Compensation. The members of the Planning Commission shall be appointed by the mayor with the consent of the city council from among the qualified electors of the city. Such members shall be selected without respect to political affiliations, and may serve with compensation to be determined by the City Council. (Ord. 06-01 (part), 2006: prior code § 2-61) 2.52.030 Terms --Minimum attendance --Standards removal --Filling vacancies. The terms of office of each member of the planning commission shall be for three (3) years. Planning Commission members must attend a minimum of seventy-five percent of all Planning Commission meetings held during the course of a calendar year in order to remain a member of the Planning Commission. This ongoing determination of attendance shall be conducted by planning department staff and forwarded to the chairperson of the Planning Commission, the City Manager and Mayor and City Council. Vacancies and/or removals occurring otherwise than through the expiration of terms shall be filled by appointment by the Mayor with the consent of City Council. Members may be removed, with or without cause, by a majority vote of City Council. (Ord. 95-18, 1995: prior code § 2-62) 2.52.050 Organization --Meetings. The Planning Commission shall elect from its membership a chair and vice chair and shall conduct meetings in accordance with the adopted bylaws and Rules of Procedure for Planning Commission meetings. The City Recorder shall keep a public record of Planning Commission proceedings. (Prior code § 2-64) 2.52.060 Powers and duties. The Planning Commission shall have the following powers and duties: A. After holding public hearings, the Planning Commission may recommend to the City Council a General Plan for the physical development of the City. The General Plan shall show the Planning Commission recommendations and may include, among other things, the general location, character and extent of streets, parks, parkways, and other public places; the general location and extent of public utilities; recommendations for future zoning designations and land uses; recommendations for future land use policy initiatives and long term goals; plans for the development of additional housing; a future land use plan; and other elements as may be required by law. Utah State Code. The Planning Commission may from time to time review the General Plan and forward recommendations to the City Council for amendments or revisions. B. From time to time the Planning Commission may review the land -use ordinances of the City and consider amendments to same. It may recommend amendments or new ordinances to the City Council, either on its own initiative or upon referral by the City Council or staff. 17 Page 178 of 338 7-1 Old Business C. The Planning Commission shall act as an advisory body, reviewing and making recommendations to the City Council with respect to those land -use applications or proceedings as otherwise specified by ordinance. Additionally, the Planning Commission shall act as the land use authority on those matters specified by ordinance. D. In its discretion, the Planning Commission may recommend that staff undertake studies or may recommend to the Mayor and City council programs or policies for the improvement of land development within the City. E. The Planning Commission may exercise those additional powers as are reasonable or necessary to carry out and perform the enumerated powers and duties specified above. 18 Page 179 of 338 7-1 Old Business Chapter 2.56 POLICE DEPARTMENT 2.56.010 Establishment -Composition. There is established a regularly constituted police force to be known as the City Police Department which shall consist of a Chief of Police and such other police officers as shall be employed by the City from time to time. (Prior code § 20-1) 2.56.020 Powers and duties of police officers. The Chief of Police and all police officers of the city shall have the following powers and duties: A. To suppress riots, disturbances and breaches of the peace, and to apprehend all persons committing any offense against the laws of the state, this Code, or any other ordinances of the city; B. To execute and serve all warrants, processes, commitments and all writs whatsoever, issued by any court; C. To preserve the public peace, prevent crime, detect and arrest offenders, protect persons and property, remove nuisances existing in the public streets, roads and highways, enforce every law relating to the suppression of offenses, render such assistance in the collection of licenses as shall be required by the license collector and perform all duties enjoined upon them by law and ordinance. (Prior code § 20-2) D. To arrest and take into custody any person who shall commit or threaten or attempt to commit in the presence of the officer, or within the view of the officer, any breach of the peace, or any offense directly prohibited by the laws of the State of Utah or this Code. 2.56.030 Chief -Appointment. The City Manager shall appoint the Chief of Police. (Prior code § 20-3) 2.56.035 Appointment of deputies and assistants. The Police Chief shall have power to appoint a properly qualified employee who shall be designated the Assistant Chief. The Assistant Chief is authorized to perform, and shall perform, all duties of the Chief during such times when the Chief is unavailable or unable to perform same. Any official act of the Assistant Chief taken in the absence of the Chief shall be valid and binding to the same extent as if done by the Chief. 2.56.040 Chief -Oath required. The Chief of Police shall before assuming the duties of office take and subscribe the constitutional oath of office. (Prior code § 20-4) 19 Page 180 of 338 7-1 Old Business Chapter 2.61 STATUTORY APPOINTEE SEVERANCE BENEFITS APPEALS Chapter 2.61 is hereby repealed. 20 Page 181 of 338 7-1 Old Business Chapter 2.64 RECORDS ACCESS AND MANAGEMENT PROGRAM Section 2.64.060 is amended as follows: 2.64.060 Fees. A. The City may charge reasonable fees to cover the City's actual cost of compiling a record or duplicating a record. The fees shall be established by resolution of the City Council. The initial fees, until changed by resolution, are as set forth in "Exhibit A" attached to the ordinance codified in this Chapter and found on file in the office of the City Recorder. B. When the City compiles a record in a form other than that normally maintained by the City, the actual costs under this section may include the following: 1. the cost of staff time for compiling, formatting, manipulating, packaging, mailing, summarizing, copying, scanning, printing, or tailoring the record into certain formats or media to meet the person's request; 2. the cost of staff time to search for, locate, and retrieve the record, and other direct administrative costs for complying with a request; 3. in the case of fees for a record that is the result of computer output other than word processing, the actual incremental cost of providing the electronic services and products together with a reasonable portion of the costs associated with formatting or interfacing the information for particular users, and the administrative costs as set forth in Subsections B.1. and B.2.; and 4. fees for paper photocopies of records or digital copies of records, fees for packaging supplies, and postage fees for mailing records. C. An hourly charge under Subsection B. may not exceed the fully loaded cost of employment of the lowest paid employee who, in the discretion of the custodian of records, has the necessary skill and training to perform the request. D. The City may fulfill a record request without charge when it determines that: 1. Releasing the record primarily benefits the public rather than a person; 2. The individual requesting the record is the subject of the record; 3. The requester's legal rights are directly implicated by the information in the record, and the requester is impecunious; or 4. The individual has requested in writing a waiver of the fees due to indigency, and the requester has been granted such waiver by the City Recorder. E. The City may not charge a fee for: 1. Reviewing a record to determine whether it is subject to disclosure, except as permitted by Subsection B.; or 2. Inspecting a record: or 3.Classification of a record. F. A person who believes that there has been an unreasonable denial of a fee waiver under Subsection D. may appeal the denial to the City Manager as the Chief Administrative Officer of the City. The appeal must be made in writing and within 10 days of the denial of the fee waiver. G. The adjudicative body hearing the appeal: 1. shall review the fee waiver de novo, but shall review and consider the city's denial of the fee waiver and any determination under Subsection D.; and 21 Page 182 of 338 7-1 Old Business 2. has the same authority when a fee waiver or reduction is denied as it has when the inspection of a public record is denied. H. All fees received under this section by the city shall be retained by the city as a dedicated credit. Those funds shall be spent on the actual costs and expenses incurred by the city in providing the requested records. I. The City may require payment of past fees and future estimated fees before beginning to process a request if: 1. fees are expected to exceed $50; or 2. the requester has not paid fees from previous requests. Any prepaid amount in excess of fees due shall be returned to the requester. J. This section does not alter, repeal, or reduce fees established by other sections of this municipal code. Exhibit "A" to section 2.64.060 shall be amended to read as follows: 1. Record location, retrieval, research and compilation fee Furthermore, Items 2., 3., 4., 5., 6., and 7., which now read: "Photocopying fee for " shall all be amended to read: "Fee for photocopies for 22 )) Page 183 of 338 7-1 Old Business Chapter 2.68 MOAB YOUTH CENTER BOARD Chapter 2.68 is hereby repealed. 23 Page 184 of 338 7-1 Old Business Chapter 2.72 HOLLYWOOD STUNTMEN'S HALL OF FAME BOARD Chapter 2.72 is hereby repealed. 24 Page 185 of 338 7-1 Old Business Chapter 2.84 MOAB ARTS AND RECREATION CENTER ADVISORY BOARD Chapter 2.84 is hereby repealed. 25 Page 186 of 338 7-1 Old Business Chapter 2.88 MOAB HILLSIDE REVIEW ADVISORY BOARD Chapter 2.88 is hereby repealed. 26 Page 187 of 338 7-1 Old Business The foregoing ordinance was passed and adopted upon the majority vote of the City Council of the City of Moab, and the affirmative vote of the Mayor of the City of Moab this day of , 2018. This ordinance shall take effect immediately following passage. By: Mayor Emily S. Niehaus Date Attest: By: Rachel Stenta, Recorder Date 27 Page 188 of 338 7-1 Old Business CITY OF MOAB ORDINANCE NO.2018- An ordinance amending and repealing certain provisions in Title 2 of the Moab Municipal Code pertaining to elected officers, appointment of officials, the Planning Commission, certain advisory boards, and records request fees. The following describe the intent and purpose of this ordinance: a. The City of Moab is a City of the Fifth Class, as defined by U.C.A. § 10-2-301, and operates under the six -member council form of government as defined by U.C.A. § 10-3-301 et seq., b. From time to time the City undertakes to revise its ordinances to remove archaic or outdated language, and to bring ordinances into compliance with current City needs and practices; c. The City finds that several provisions in Title 2 of the Moab Municipal Code ("MMC") are dated and in need of repeal or substantial amendment in light of current practices and because certain administrative or other bodies are no longer in existence or needed; d. Utah Code Annotated § 10-9a-301 requires that a municipality adopt planning commission rules of procedure and order to govern public meetings. The City of Moab has additionally enacted ordinances which create the Planning Commission and specify the matters that are within its jurisdiction; e. That in the interest of efficient municipal administration a number of changes are needed to update the MMC, including: 1. Transfer appointment and removal power for certain department heads from the Mayor to the City Manager; 2. Remove outdated provisions regarding superintendents and at -will appointees; 3. Remove sections regarding advisory boards that no longer apply; 4. Update language related to records request fees to conform with the Utah Code Annotated and add specificity and detail, including in Exhibit "A" of the GRAMA fees section; and 5. Update the section governing the Planning and Zoning Commission f. The changes enacted in this ordinance comply with applicable Utah laws pertaining to the alteration or consolidation of statutory functions, and specifically U.C.A. 10-3b-303(1)(b). Now therefore, the Moab Municipal Code is amended as follows: 1 Page 189 of 338 7-1 Old Business Chapter 2.04 CITY COUNCIL 2.04.010 Oath required. Each member of the City Council, before assuming the duties of his office, shall take and subscribe the constitutional oath of office. 2.04.015 Role of the City Council. The City operates under the form of government as identified under U.C.A. § 10-3b-301. The City Council shall review and approve all resolutions and ordinances; appropriate funds and adopt the annual budget and any amendments; set all mill levies or other taxes; review municipal administration as set out herein; and perform all other duties that may be required of it by law. With appointment from the Mayor and with the consent of the Council, the Council shall designate a person to serve as the Mayor Pro Tempore. The Mayor Pro Tempore shall carry out all duties and responsibilities of the Mayor when the Mayor is absent or unable to perform same. Any executive or administrative power held previously by the City Council is now delegated to the City Manager.. 2.04.020 Meetings --Time and place. A. The stated meetings of the City Council shall be held at a place designated by the City Council on the second and fourth Tuesday of each month, provided that when any meeting occurs on a general holiday, the meeting shall be held on the next succeeding day. The Council may hold other or special meetings at such times it determines to be convenient. B. All meetings may be adjourned from time to time as business may require. The hour of regular meetings shall be seven p.m. C. All regular City Council meetings may be preceded by a pre -meeting workshop for the purpose of allowing the council to receive staff reports and recommendations on regular meeting agenda items. The workshop shall commence one-half hour before the meeting, or such longer period of time as the council shall by notice designate. D. All pre -meeting workshops shall be open to the public, but shall not be regarded as "public hearings" for the purposes of allowing testimony or comment from the public. E. Pre -meeting workshops shall be conducted in an informal manner in the discretion of the governing body. Final action on any ordinance, resolution, or agenda item reviewed at a pre -meeting workshop shall be reserved for the regular meeting. (Ord. 98-04 § 1(part), 1998; Ord. 96-08, 1996: prior code § 2-8) 2.04.040 Meetings -Procedure generally. The City Council shall sit with unlocked doors and shall keep minutes of its own proceedings. The votes for or against shall be taken upon the passage of all ordinances, all propositions to create any liability against the City, and in all other cases at the request of any member, which shall be entered upon the minutes of its proceedings. Unless otherwise provided for by law, the concurrence of a majority of the Council shall be necessary for the passage of any such ordinance or proposition. A majority of the Council is shall constitute a quorum to transact Council business. (Prior code § 2-10) 2 Page 190 of 338 7-1 Old Business 2.04.050 Meetings -Reconsideration of votes. No vote of the City Council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there are present as large a number of City Councilmembers as were present when such vote was taken. (Prior code § 2-11) 2.04.060 Meetings -Deferral of action on reports. Upon request of any two members of the City Council, action on any report of a committee of the City Council shall be deferred to a future meeting of the City Council., (Prior code § 2-12) 2.04.070 Meetings -Special meetings. The Mayor or any two members of the City Council may call a special meeting of the City Council by giving a notice thereof to each of the members of the City Council. Notice may be served personally, left at their domicile, or via email. Email is considered the preferred manner of providing notice. (Prior code § 2-13) 2.04.080 Vacancies. If any vacancy shall occur in the office of City Councilmember by death, resignation, removal or otherwise, such vacancy shall be filled for the unexpired term by a vote of the City Council. Should the City Council fail for forty-five days to fill the vacancy in the City Council, the City Recorder shall sit as a member of the City Council for the purpose of choosing some person to fill such vacancy. (Prior code § 2-14) 2.04.090 Reinvestment Agency Authority. Pursuant to Section 17C-1-102, et seq. of the Utah Code Annotated, as amended, the Community Reinvestment Agency Act, a community reinvestment t agency of the City is hereby created, and the City Council is designated as the governing body. The Council shall have the power to transact business and exercise all of the powers of such agency as otherwise provided by law. 3 Page 191 of 338 7-1 Old Business Chapter 2.08 MAYOR 2.08.010 Oath required. The Mayor, before assuming the duties of the office, shall take and subscribe the constitutional oath of office. (Prior code § 2-16) 2.08.015 Role of the Mayor. The powers and duties of the Mayor are as follows: A. The Mayor is the chief ceremonial officer of the City and the presiding officer at all meetings of the City Council. B. The Mayor is a non -voting member of the Council, but may vote where there is a tie vote of the other Council members, or as otherwise provided by law. C. The Mayor, as a member of the Council, may participate in all deliberations of the Council in setting policy for the City. D. The Mayor shall retain any legislative or quasi-judicial powers vested by law. E. The Mayor shall appoint, with the advice and consent of the Council, persons to fill any vacancies on commissions, boards, or committees of the City. F. The Mayor is the primary contact for the City Manager, and provides day to day oversight and supervision of the City Manager. The Mayor, in consultation with the other Council members, is responsible for facilitating the employee evaluation process for the City Manager. G. Any other executive or administrative power held previously by the Mayor under prior law is delegated to the City Manager. (Ord. 93-9 § 6, 1993) 2.08.020 Office to be vacant upon removal from city. If at any time during his/her term of office, the Mayor shall no longer make his/her primary residence within the City, the office shall thereby become vacant. (Prior code § 2-17) 2.08.030 Vacancy -Filling. Whenever a vacancy shall occur in the office of Mayor, the City Council shall appoint a Mayor, who shall possess all the rights and powers of Mayor until the next municipal election, and until his/her successor is elected and qualified. (Prior code § 2-18) 4 Page 192 of 338 7-1 Old Business Chapter 2.10 CITY MANAGER 2.10.010 Office created. As authorized by U.C.A. § 10-3b-303 there is created the office of City Manager of Moab, Utah. (Ord. 93-9 § 1, 1993) 2.10.020 Appointment. The appointment of a person to be known as City Manager shall be by the City Council, including the Mayor. Once approved by the City Council, the Mayor shall sign the contract entered into with the City Manager on behalf of the City. (Ord. 93-9 § 2, 1993) 2.10.030 Term. The City Manager shall serve at the pleasure of the City Council, except that the Council shall employ the Manager for a term not to exceed three (3) years. The term of employment may be renewed at any time. Any person serving as City Manager may be removed with or without cause by a majority vote of the City Council. (Ord. 93-9 § 3, 1993) 2.10.040 Powers and duties. The powers, duties, and obligations of the City Manager are as follows: A. The administrative powers, authority, and duties are vested in the City Manager. B. The City Manager shall be the chief administrative officer of the city and shall be responsible to the City Council for the administration of all city affairs placed in his or her charge. All City employees, contractors, or appointees (excluding persons appointed to City boards or commissions) shall be under the supervision and direction of the City Manager. C. Subject to the terms of applicable contracts or personnel policies, the City Manager shall hire and, when he/she deems it necessary, suspend or remove all City employees and contractors. The City Manager has discretion to delegate personnel authority to any subordinate employee or department head with respect to employees under that person's direct supervision. D. The City Manager shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by law. E. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager and neither the Council, nor any member thereof, or the Mayor shall give orders to any subordinates of the City Manager, either publicly or privately. F. The City Manager shall attend meetings of the City Council with the right to take part in the discussion but not to vote. The City Manager may recommend to the City Council for adoption such measures as she/he may deem necessary or prudent. G. The City manager is designated as the budget officer for the City and shall perform or cause to be performed all of the duties of such office as set forth in the Uniform Municipal Fiscal Procedures Act. As budget officer, the City Manager shall prepare and submit the annual budget to the City Council, along with any proposed amendments to the budget. H. The City Manager shall promptly notify the Mayor and City Council of any emergency existing in any City department or body. 5 Page 193 of 338 7-1 Old Business I. The City Manager shall perform such other duties as may be required by law, or by the City Council through ordinance, resolution, or informal direction. J. In the manager's temporary absence, the Assistant City Manager shall exercise the powers and perform the duties of the City Manager. K. The City Manager shall carry out the policies and programs established by the Council. L. The City manager may examine and inspect the books, records, and official papers of any office, department, agency, board, or commissions of the city and make investigations and require reports from all personnel. (Ord. 94-16, 1994; Ord. 93-9 § 4, 1993) 2.10.070 Salary. The salary of the City Manager shall be set from time to time by resolution of the City Council. (Ord. 93-9 § 7, 1993) 6 Page 194 of 338 7-1 Old Business Chapter 2.12 DUTIES OF CITY RECORDER 2.12.010 Oath required. The City Recorder, before assuming the duties of the office, shall take and subscribe the constitutional oath. 2.12.020 Duties. Pursuant to U.C.A. § 10-3-916 the Recorder is appointed by the Mayor, with the advice and consent of the City Council. The Recorder shall perform all duties as may by law devolve upon him/her as recorder of a city of the fifth class under the laws of the State of Utah. The Recorder shall keep records properly indexed of all City contracts, and the records shall be open to inspection by all interested persons. Unless otherwise provided by ordinance, the Recorder shall be ex-offici city collector. The Recorder shall perform such other and further duties as the City Council may by ordinance provide. Within the office of the Recorder a properly qualified employee may be appointed by the Recorder as the Deputy Recorder. The Deputy Recorder is authorized to perform, and shall perform, all duties of the Recorder during such times when the Recorder is unavailable or unable to perform same. Any official act of the Deputy Recorder taken in the absence of the Recorder shall be valid and binding to the same extent as if done by the Recorder. The Recorder, in addition to the powers and duties imposed by law and ordinance, shall perform the following duties: A. He/she shall issue notices to the members of the City Council, when directed to do so by that body, and to members of the different committees and to all persons whose attendance is required before any committee, when directed or requested so to do by the chairman of such committee. The Recorder shall also issue notices of special meetings of the City Council. B. He/she shall attest all licenses granted under this code or any other ordinance of the City, and shall keep a record of the issuance thereof. C. He/she shall, without delay, deliver to the officers of the City, and all committees of the City Council, all resolutions and communications referred to such officers or committees by that body. D. He/she shall, without delay, deliver to the Mayor all ordinances or resolutions which may be required to be approved or otherwise acted upon by the Mayor, together with all papers on which the same are founded. E. He/she shall sign and attest all ordinances passed by the City Council that are signed by the Mayor or other officer. F. He/she shall certify to the publication of all ordinances, resolutions, or other official documents. G. He/she shall attest all papers signed by the Mayor officially, and keep and affix the corporate seal. H. He/she shall keep correct records and minutes of all proceedings of the City Council, recording the same to the extent otherwise provided by law. I. He/she shall countersign all contracts made on behalf of the City, and every contract made on behalf of the City, or to which the City is a party, shall be void unless signed by the Recorder. The Recorder shall endorse a certificate upon every bond, warrant, or other evidence of debt 7 Page 195 of 338 7-1 Old Business issued pursuant to law, by the City stating that the same is within the lawful debt limit of the City, and is issued according to law. J. He/she shall deliver to the successor in office the corporate seal, together with all books, papers, records and other property of the City. K. He/she shall have the power to administer oaths in all matters in any way connected with the City government. L. He/she shall attend to all official correspondence and report the same to the City Council as needed. (Prior code § 2-30) 2.12.030 Records of ordinances to be kept. A. The Recorder shall keep records of all ordinances, together with affidavits of publication by the publisher. Before taking effect, all ordinances shall be deposited in the office of the Recorder. B. The originals of all ordinances passed by the City Council shall be filed in the Recorder's office. (Prior code § 2-31) 2.12.040 Papers, records, transcripts -Copies. Upon request and upon the payment of such fees set by the City Council the Recorder shall make, affix the corporate seal thereto and certify copies of all papers filed in the Recorder's office and transcripts of all records of which the Recorder is the lawful custodian. (Prior code § 2-32) 8 Page 196 of 338 7-1 Old Business Chapter 2.16 CITY TREASURER 2.16.010 Oath required. The Treasurer, before entering upon the duties of office, shall take and subscribe the constitutional oath of office. (Prior code § 2-33) 2.16.020 Appointment of deputies and assistants. Pursuant to U.C.A. § 10-3-916 the Treasurer is appointed by the Mayor, with the advice and consent of the City Council. The Treasurer shall have power to appoint from within the office of the Treasurer a properly qualified employee who shall be designated the Deputy Treasurer. The Deputy Treasurer is authorized to perform, and shall perform, all duties of the Treasurer during such times when the Treasurer is unavailable or unable to perform same. Any official act of the Deputy Treasurer taken in the absence of the Treasurer shall be valid and binding to the same extent as if done by the Treasurer. (Prior code § 2-34) 2.16.030 Powers and duties generally. The Treasurer shall receive all money belonging to the City, including all taxes, license fees, utility billings, fines, and other funds owed to or held by the City, and shall keep an accurate and detailed account thereof, in such manner as may be provided by law, and shall collect all special taxes and assessments as provided by law. The Treasurer shall reconcile all accounts with the Recorder, as the City Council may direct at the end of every month, and turn over all warrants, interest coupons, bonds or other evidence of the indebtedness of the City which may have been redeemed during the month, taking the receipts of the Recorder therefor, and all such warrants, orders or other evidence of indebtedness shall be cancelled by the Treasurer and have written or stamped thereon the date of their payment or redemption. (Prior code § 2-35) 2.16.040 Collection of special taxes. The Treasurer is ex-officio collector of special taxes. (Prior code § 2-36) 2.16.050 Receipts to be given. The Treasurer shall give every person paying money to the City a receipt therefor, specifying the date of payment and upon what account paid; and he/she shall also file the duplicate of such receipt with the Recorder at the date of the monthly report. (Prior code § 2-37) 2.16.060 Payments. The Treasurer shall not pay any funds owned or held by the City to any person unless the expenditure is duly appropriated and authorized upon action of the City Council, the Purchasing Agent, or the City Manager as otherwise provided by law. (Prior code § 2-38) 2.16.070 Investment decisions at authorized banking institutions. A. The Treasurer is authorized to take any and all such actions in the name of and on behalf of the City in order to utilize investment opportunities available at banking institutions approved by the Utah Money Management Act. Such actions shall include but not be limited to setting up 9 Page 197 of 338 7-1 Old Business sweep accounts, zero balance accounts, automatic transfer of funds accounts and similar deposit and investment arrangements, entering into transactions similar to the foregoing, and performing such actions as may be required in connection with any of the foregoing. From time to time the Treasurer shall present to the City Council for approval all necessary resolutions for designation of depository institutions and authorized signatories. B. Agreements, instruments, or documents properly executed and delivered to any banking institution approved by the Utah Money Management Act by the city Treasurer shall be binding and enforceable obligations of the City, enforceable in accordance with their respective terms. (Res. 05-99, 1999) 10 Page 198 of 338 7-1 Old Business Chapter 2.20 is hereby repealed. Chapter 2.20 CITY COLLECTOR 11 Page 199 of 338 7-1 Old Business Chapter 2.24 CITY ATTORNEY 2.24.010 Establishment -Appointment -Term. There is established the office of City Attorney. The person(s) providing legal services to the City as City Attorney may be independent contractors designated by the City Manager or may be a full time city employee. Any applicable contracts for legal services are subject to approval by the City Council. Persons providing legal services to the City shall do so without a specified term, and services may be terminated as otherwise provided by contract. (Prior code § 2-43) 2.24.020 Oath required. The City Attorney, before assuming the duties of his office, shall take and subscribe the constitutional oath of office. (Prior code § 2-44) 2.24.030 Delegation of Tasks. Where appropriate, the City Attorney may delegate certain tasks to an associate or assistant attorney, provided that the City Attorney shall retain responsibility for all such tasks. (Prior code § 2-45) 2.24.040 Employment of special counsel. The City Attorney shall have the power to employ, by and with the consent of the City Manager, special counsel on matters pertaining to the legal affairs of the City, if the same is deemed necessary and advisable. Such special counsel shall be compensated by the City as provided by contract. (Prior code § 2-46) 2.24.050 Succession -Delivery of records. Upon the termination of legal services or upon request by the City, the City Attorney shall promptly deliver to any successor or such person(s) designated by the City copies of all books and papers, including but not limited to those in electronic form, pertaining to pending or concluded City legal matters. (Prior code § 2-47) 2.24.060 Powers and duties. The City Attorney shall be responsible for prosecuting and conducting all cases for violations of this Code or any other ordinances of the City. The City Attorney shall appear on behalf of the City in all suits in which the City, City employees or officials are a party, and shall prosecute or defend them, as the case may be, in any courts until they are concluded. It shall be the duty of the City Attorney to advise all City employees, the City Manager, the Mayor, and City Council with respect to their official duties; to prepare the draft of all such ordinances as the City Council or City Manager from time to time shall instruct; and to perform such other duties as this Code and any other ordinances of the city and the general laws require, or as the City Council may specially direct. In addition to the powers and duties imposed by law or ordinance, the City Attorney shall have the following powers and duties: A. He/she shall advise the City Council and its committees on such legal questions as may arise in relation to the business of the City, and attend the meetings of the City Council when required. 12 Page 200 of 338 7-1 Old Business He/she shall report periodically on any matter as necessary for the approval of the City Council or as necessary for oversight. B. Whenever a criminal action for the violation of this Code or any other ordinance of the City is brought in any court, it shall be the duty of the City Attorney to appear and prosecute such action. C. When requested, the City Attorney shall furnish written opinions or memoranda upon subjects submitted to him/her by the Mayor, the City Council, the City Manager, or the head of any department. D. He/she shall draft any deeds, leases, contracts or other papers and forms required by the business of the City, when requested so to do by the Mayor, the City Council, the City Manager, or the head of any department. E. He/she shall keep accurate records of all actions in which the City Attorney appears as counsel. Such books shall at all times be open to the inspection of the Mayor, the City Council, and/or the City Manager. (Prior code § 2-48) 2.24.070 Reporting Periodically, or as requested by the Mayor or the City Council, the City Attorney shall provide oral reports or written memoranda detailing the status of pending legal matters or tasks which have been assigned. Day to day reporting on pending legal matters shall be provided to the City Manager. (Prior code § 2-49) 13 Page 201 of 338 7-1 Old Business Chapter 2.32 UTILITIES SUPERINTENDENT Chapter 2.32 is hereby repealed. 14 Page 202 of 338 7-1 Old Business Chapter 2.36 SUPERINTENDENT OF STREETS Chapter 2.36 is hereby repealed. 15 Page 203 of 338 7-1 Old Business Chapter 2.40 OFFICERS GENERALLY Chapter 2.40 is hereby repealed. 16 Page 204 of 338 7-1 Old Business Chapter 2.52 PLANNING COMMISSION 2.52.010 Establishment --Composition. The Planning Commission shall consist of seven (7) regular members. (Ord. 06-01 (part), 2006: prior code § 2-60) 2.52.020 Appointment of members--Qualifications--Compensation. The members of the Planning Commission shall be appointed by the mayor with the consent of the city council from among the qualified electors of the city. Such members shall be selected without respect to political affiliations, and may serve with compensation to be determined by the City Council. (Ord. 06-01 (part), 2006: prior code § 2-61) 2.52.030 Terms --Minimum attendance --Standards removal --Filling vacancies. The terms of office of each member of the planning commission shall be for three (3) years. Planning Commission members must attend a minimum of seventy-five percent of all Planning Commission meetings held during the course of a calendar year in order to remain a member of the Planning Commission. This ongoing determination of attendance shall be conducted by planning department staff and forwarded to the chairperson of the Planning Commission, the City Manager and Mayor and City Council. Vacancies and/or removals occurring otherwise than through the expiration of terms shall be filled by appointment by the Mayor with the consent of City Council. Members may be removed, with or without cause, by a majority vote of City Council. (Ord. 95-18, 1995: prior code § 2-62) 2.52.050 Organization --Meetings. The Planning Commission shall elect from its membership a chair and vice chair and shall conduct meetings in accordance with the adopted bylaws and Rules of Procedure for Planning Commission meetings. The City Recorder shall keep a public record of Planning Commission proceedings. (Prior code § 2-64) 2.52.060 Powers and duties. The Planning Commission shall have the following powers and duties: A. After holding public hearings, the Planning Commission may recommend to the City Council a General Plan for the physical development of the City. The General Plan shall show the Planning Commission recommendations and may include, among other things, the general location, character and extent of streets, parks, parkways, and other public places; the general location and extent of public utilities; recommendations for future zoning designations and land uses; recommendations for future land use policy initiatives and long term goals; plans for the development of additional housing; a future land use plan; and other elements as may be required by law. Utah State Code. The Planning Commission may from time to time review the General Plan and forward recommendations to the City Council for amendments or revisions. B. From time to time the Planning Commission may review the land -use ordinances of the City and consider amendments to same. It may recommend amendments or new ordinances to the City Council, either on its own initiative or upon referral by the City Council or staff. 17 Page 205 of 338 7-1 Old Business C. The Planning Commission shall act as an advisory body, reviewing and making recommendations to the City Council with respect to those land -use applications or proceedings as otherwise specified by ordinance. Additionally, the Planning Commission shall act as the land use authority on those matters specified by ordinance. D. In its discretion, the Planning Commission may recommend that staff undertake studies or may recommend to the Mayor and City council programs or policies for the improvement of land development within the City. E. The Planning Commission may exercise those additional powers as are reasonable or necessary to carry out and perform the enumerated powers and duties specified above. 18 Page 206 of 338 7-1 Old Business Chapter 2.56 POLICE DEPARTMENT 2.56.010 Establishment -Composition. There is established a regularly constituted police force to be known as the City Police Department which shall consist of a Chief of Police and such other police officers as shall be employed by the City from time to time. (Prior code § 20-1) 2.56.020 Powers and duties of police officers. The Chief of Police and all police officers of the city shall have the following powers and duties: A. To suppress riots, disturbances and breaches of the peace, and to apprehend all persons committing any offense against the laws of the state, this Code, or any other ordinances of the city; B. To execute and serve all warrants, processes, commitments and all writs whatsoever, issued by any court; C. To preserve the public peace, prevent crime, detect and arrest offenders, protect persons and property, remove nuisances existing in the public streets, roads and highways, enforce every law relating to the suppression of offenses, render such assistance in the collection of licenses as shall be required by the license collector and perform all duties enjoined upon them by law and ordinance (Prior code § 20-2); and D. To arrest and take into custody any person who shall commit or threaten or attempt to commit in the presence of the officer, or within the view of the officer, any breach of the peace, or any offense directly prohibited by the laws of the State of Utah or this Code. 2.56.030 Chief -Appointment. The City Manager shall appoint the Chief of Police. (Prior code § 20-3) 2.56.035 Appointment of deputies and assistants. The Police Chief shall have power to appoint a properly qualified employee who shall be designated the Assistant Chief. The Assistant Chief is authorized to perform, and shall perform, all duties of the Chief during such times when the Chief is unavailable or unable to perform same. Any official act of the Assistant Chief taken in the absence of the Chief shall be valid and binding to the same extent as if done by the Chief. 2.56.040 Chief -Oath required. The Chief of Police shall before assuming the duties of office take and subscribe the constitutional oath of office. (Prior code § 20-4) 19 Page 207 of 338 7-1 Old Business Chapter 2.61 STATUTORY APPOINTEE SEVERANCE BENEFITS APPEALS Chapter 2.61 is hereby repealed. 20 Page 208 of 338 7-1 Old Business Chapter 2.64 RECORDS ACCESS AND MANAGEMENT PROGRAM Section 2.64.060 is amended as follows: 2.64.060 Fees. A. The City may charge reasonable fees to cover the City's actual cost of compiling a record or duplicating a record. The fees shall be established by resolution of the City Council. The initial fees, until changed by resolution, are as set forth in "Exhibit A" attached to the ordinance codified in this Chapter and found on file in the office of the City Recorder. B. When the City compiles a record in a form other than that normally maintained by the City, the actual costs under this section may include the following: 1. the cost of staff time for compiling, formatting, manipulating, packaging, mailing, summarizing, copying, scanning, printing, or tailoring the record into certain formats or media to meet the person's request; 2. the cost of staff time to search for, locate, and retrieve the record, and other direct administrative costs for complying with a request; 3. in the case of fees for a record that is the result of computer output other than word processing, the actual incremental cost of providing the electronic services and products together with a reasonable portion of the costs associated with formatting or interfacing the information for particular users, and the administrative costs as set forth in Subsections B.1. and B.2.; and 4. fees for paper photocopies of records or digital copies of records, fees for packaging supplies, and postage fees for mailing records. C. An hourly charge under Subsection B. may not exceed the fully loaded cost of employment of the lowest paid employee who, in the discretion of the custodian of records, has the necessary skill and training to perform the request. D. The City may fulfill a record request without charge when it determines that: 1. Releasing the record primarily benefits the public rather than a person; 2. The individual requesting the record is the subject of the record; 3. The requester's legal rights are directly implicated by the information in the record, and the requester is impecunious; or 4. The individual has requested in writing a waiver of the fees due to indigency, and the requester has been granted such waiver by the City Recorder. E. The City may not charge a fee for: 1. Reviewing a record to determine whether it is subject to disclosure, except as permitted by Subsection B.; or 2. Inspecting a record: or 3.Classification of a record. F. A person who believes that there has been an unreasonable denial of a fee waiver under Subsection D. may appeal the denial to the City Manager as the Chief Administrative Officer of the City. The appeal must be made in writing and within 10 days of the denial of the fee waiver. G. The adjudicative body hearing the appeal: 1. shall review the fee waiver de novo, but shall review and consider the city's denial of the fee waiver and any determination under Subsection D.; and 21 Page 209 of 338 7-1 Old Business 2. has the same authority when a fee waiver or reduction is denied as it has when the inspection of a public record is denied. H. All fees received under this section by the city shall be retained by the city as a dedicated credit. Those funds shall be spent on the actual costs and expenses incurred by the city in providing the requested records. I. The City may require payment of past fees and future estimated fees before beginning to process a request if: 1. fees are expected to exceed $50; or 2. the requester has not paid fees from previous requests. Any prepaid amount in excess of fees due shall be returned to the requester. J. This section does not alter, repeal, or reduce fees established by other sections of this municipal code. Exhibit "A" to section 2.64.060 shall be amended to read as follows: 1. Record location, retrieval, research and compilation fee Furthermore, Items 2., 3., 4., 5., 6., and 7., which now read: "Photocopying fee for " shall all be amended to read: "Fee for photocopies for )) 22 Page 210 of 338 7-1 Old Business Chapter 2.68 MOAB YOUTH CENTER BOARD Chapter 2.68 is hereby repealed. 23 Page 211 of 338 7-1 Old Business Chapter 2.72 HOLLYWOOD STUNTMEN'S HALL OF FAME BOARD Chapter 2.72 is hereby repealed. 24 Page 212 of 338 7-1 Old Business Chapter 2.84 MOAB ARTS AND RECREATION CENTER ADVISORY BOARD Chapter 2.84 is hereby repealed. 25 Page 213 of 338 7-1 Old Business Chapter 2.88 MOAB HILLSIDE REVIEW ADVISORY BOARD Chapter 2.88 is hereby repealed. 26 Page 214 of 338 7-1 Old Business The foregoing ordinance was passed and adopted upon the majority vote of the City Council of the City of Moab, and the affirmative vote of the Mayor of the City of Moab this day of , 2018. This ordinance shall take effect immediately following passage. By: Mayor Emily S. Niehaus Date Attest: By: Rachel Stenta, Recorder Date 27 Page 215 of 338 7-1 Old Business Moab City Council Agenda Item Meeting Date: April io, 2018 # : 7-2 Title: Resolution Requesting the Utah Division of Water Rights to Limit New Allocations Within Spanish Valley Date Submitted: April 3, 2o18 Presenters: n/a Attachment(s): • Proposed Resolution Requesting the Utah Division of Water Rights to Limit New Allocations Within Spanish Valley • City Engineer comments, and documents referenced: o Groundwater statute o Sun News article • WCDMA Board response to City Engineer comments Suggested Motion: I move to approve Proposed Resolution 17-2o18, a Resolution Requesting the Utah Division of Water Rights to Limit New Allocations Within Spanish Valley. Background/Summary: April io update: The City Engineer provided comments about the proposed resolution, and subsequently the WCDMA Board submitted a response to those comments. *** The Water Conservation and Drought Management Advisory Board has discussed over several meetings the desire for the governing body to formally request the Utah Division of Water Rights to suspend or limit new water rights allocations within Spanish Valley until such time that a new regional groundwater management plan is established. In view of new findings by the United States Geological Survey regarding the decreased availability of pristine groundwater, and the acknowledged over -allocation of paper water rights in the Moab Spanish Valley watershed, the Water Board urges the City Council to consider the proposed recommended wording of a Resolution, which passed by a 4-o vote at the Board's February 14 meeting; Board member Mike Duncan was not present at the meeting due to travel. Council may wish to hold a public hearing of the proposed Resolution, either in the context of a Water Conservation Board meeting or at a Council meeting. Page 216 of 338 7-2 Old Business CITY OF MOAB RESOLUTION NO. 17-2018 A RESOLUTION REQUESTING THE UTAH DIVISION OF WATER RIGHTS TO LIMIT NEW ALLOCATIONS WITHIN SPANISH VALLEY WHEREAS, Moab's municipal government is responsible for the promotion of the public health and safety of its residents, including access to clean air, clean water and a livable environment; and WHEREAS, the Moab Water Conservation and Drought Management Advisory Board, which is responsible for providing recommendations to protect water quality and quantity for present and future generations, advocates for this request; and WHEREAS, Utah Code Title 73 requires indefinitely sustainable groundwater resources; and WHEREAS, the recent groundwater study of the United States Geological Survey (USGS) shows a substantial reduction in available ground water which could be further reduced by climate change; and WHEREAS, climate change, including its human -activity -driven impacts, predicts more frequent drought conditions in decades to come, and on January 16, 2018, Grand County Council declared the County a disaster area because of drought; and WHEREAS, current and projected water uses in Moab City and Spanish Valley are anticipated to meet or exceed safe yield in the near future, and according to the State Engineer, the water supply could be reduced by up to 30 percent due to climate change; and WHEREAS, the Spanish Valley aquifer is widely recognized, including by Utah Division of Water Rights (UDWRi), to be substantially over -appropriated which is reflected in the UDWRi initiative to begin an adjudication process and to develop a regional groundwater management plan; and WHEREAS, continuing to perpetuate the impression that abundant groundwater resources are available for unchecked development is misleading and a disservice to valley residents; and WHEREAS, UDWRi (https://www.waterrights.utah.gov/wrinfo/policy/wateruse.asp) has determined 0.45 AF or 146,633 gallons as an estimated annual need for indoor use of a permanent fulltime single family residence and 0.25 AF or 81,473 gallons for a seasonal family residence; and WHEREAS, unused or underutilized paper water rights currently exist in the Moab and Spanish Valley areas which need to be available for future development; and WHEREAS, the Moab City Council acknowledges that proactively addressing adequate water resources is fundamental to our community's financial stability and livability. THEREFORE, be it resolved that the Moab City Council requests the Utah Division of Water Rights, for a period of time extending to or beyond completion of the Groundwater Management Plan, to either a) close the Moab Spanish Valley aquifer to new appropriations, or b) limit new appropriations to 1/2 an acre foot for permanent residences and 1/4 an acre foot for seasonal residences and require larger appropriations to be obtained from the existing inventory of water rights in the Valley. Page 217 of 338 7-2 Old Business My feedback on the proposed resolution is based on the following information: 1. Sept.27, 2017 Times Independent article (attached with my yellow highlights) 2. Conversations with Mark Stilson, Arne Hultquist and Eric J who attends the Water Board meetings for the Engineering Dept. 3. Review of Utah Code 73-5-15 (attached with my yellow highlights) My feedback is as follows: 1. The only USGS document that is available for basing the "WHEREAS, the recent groundwater study of the United States Geological Survey (USGS) shows a substantial reduction in available ground water..." is the draft power point from September 2017.It is my belief that it is rarely ( if ever) good policy to base legislative action on draft information...especially drat information that is not even available for review. UDWR has stated publicly several times that they are going to wait until the Final USGS study is available to study and review before they will develop their groundwater management plan. It seems prudent to me that the City also base any significant actions on the Final study as well. 2. Per Utah Code, Safe Yield is defined as follows: "Safe yield" means the amount of groundwater that can be withdrawn from a groundwater basin over a period of time without exceeding the long-term recharge of the basin or unreasonably affecting the basin's physical and chemical integrity. Based on the UDWR position that "Stilson said that current groundwater withdrawals in Moab and Spanish Valley total close to 4,000 acre-feet annually..."(see the article) and the fact that the USGS draft report states that "...leaving Moab/Spanish Valley with an estimated water budget of 11,000 to 13,000 acre-feet." (see the article) there is between 7,000 and 9,000 acre-feet of water available before the Safe Yield quantity threshold is exceeded. 1 believe that the clause "WHEREAS, current and projected water uses in Moab City and Spanish Valley are anticipated to meet or exceed safe yield in the near future..." is misleading and inaccurate at best. 3. The City has senior water rights in the amount of 9,518 acre-feet. We currently use about 3,000 acre-feet leaving 6,518 acre-feet for future growth. As you know the City is considered a Municipal Water User by UDWR and after the Roosevelt court decision Municipal Water Users are in the best position to retain existing water rights.Per the article UWR states " He said most of the allocated water rights are held by Moab City, Grand Water and Sewer Service Agency and San Juan Spanish Valley Special Service District;..." 1 believe that the clause "WHEREAS, continuing to perpetuate the impression that abundant groundwater resources are available for Page 218 of 338 7-2 Old Business unchecked development is misleading and a disservice to valley residents;..." is misleading and inflammatory at best because UDWR has not conducted their groundwater management plan yet which will determine how much groundwater resources are available for existing and future uses. As I explained in 2. above based on the draft USGS report and UDWR's statement there is between 7,000 and 9,000 acre-feet available before Safe Yield is exceeded. 4. I don't know where all of the resolution "climate change" comments came from in order to review them so I will not comment except that I believe the sources should be cited and reviewed prior to the Council making such broad statements. 5. I'll defer to Chris regarding the "Therefore..." clause if UDWR has the ability to stop or limit new water appropriations without a groundwater management plan. In summary I believe the resolution has too many assumptions that don't seem to be supported by the data available from the documents that I have seen and experts that I have talked to. There may be other information out there and if there is I'd be happy to review and comment on it. I suggest that if the Council is interested in a resolution to further protect the City's interest regarding water rights that a resolution supporting UDWR's intent to conduct a groundwater management plan after the USGS study is finalized and encouraging UDWR to continue to recognize our water rights of 9,518 acre-feet would be more useful and meaningful. Please let me know if you have any questions. Thanks, Chuck Williams PE Page 219 of 338 7-2 Old Business Utah Code 73-5-15 Groundwater management plan. (1) As used in this section: (a) "Critical management area" means a groundwater basin in which the groundwater withdrawals consistently exceed the safe yield. (b) "Safe yield" means the amount of groundwater that can be withdrawn from a groundwater basin over a period of time without exceeding the long-term recharge of the basin or unreasonably affecting the basin's physical and chemical integrity. (2) (a) The state engineer may regulate groundwater withdrawals within a specific groundwater basin by adopting a groundwater management plan in accordance with this section for any groundwater basin or aquifer or combination of hydrologically connected groundwater basins or aquifers. (b) The objectives of a groundwater management plan are to: (i) limit groundwater withdrawals to safe yield; (ii) protect the physical integrity of the aquifer; and (iii) protect water quality. (c) The state engineer shall adopt a groundwater management plan for a groundwater basin if more than one-third of the water right owners in the groundwater basin request that the state engineer adopt a groundwater management plan. (3) (a) In developing a groundwater management plan, the state engineer may consider: (i) the hydrology of the groundwater basin; (ii) the physical characteristics of the groundwater basin; (iii) the relationship between surface water and groundwater, including whether the groundwater should be managed in conjunction with hydrologically connected surface waters; (iv) the conjunctive management of water rights to facilitate and coordinate the lease, purchase, or voluntary use of water rights subject to the groundwater management plan; (v) the geographic spacing and location of groundwater withdrawals; (vi) water quality; (vii) local well interference; and (viii) other relevant factors. (b) The state engineer shall base the provisions of a groundwater management plan on the principles of prior appropriation. (c) (i) The state engineer shall use the best available scientific method to determine safe yield. (ii) As hydrologic conditions change or additional information becomes available, safe yield determinations made by the state engineer may be revised by following the procedures listed in Subsection (5). (4) (a) (i) Except as provided in Subsection (4)(b), the withdrawal of water from a groundwater basin shall be limited to the basin's safe yield. (ii) Before limiting withdrawals in a groundwater basin to safe yield, the state engineer shall: (A) determine the groundwater basin's safe yield; and (B) adopt a groundwater management plan for the groundwater basin. (iii) If the state engineer determines that groundwater withdrawals in a groundwater basin exceed the safe yield, the state engineer shall regulate groundwater rights in that P-ageo of 338 7-2 Old Business Utah Code groundwater basin based on the priority date of the water rights under the groundwater management plan, unless a voluntary arrangement exists under Subsection (4)(c) that requires a different distribution. (iv) A groundwater management plan shall include a list of each groundwater right in the proposed groundwater management area known to the state engineer identifying the water right holder, the land to which the groundwater right is appurtenant, and any identification number the state engineer uses in the administration of water rights. (b) When adopting a groundwater management plan for a critical management area, the state engineer shall, based on economic and other impacts to an individual water user or a local community caused by the implementation of safe yield limits on withdrawals, allow gradual implementation of the groundwater management plan. (c) (i) In consultation with the state engineer, water users in a groundwater basin may agree to participate in a voluntary arrangement for managing withdrawals at any time, either before or after a determination that groundwater withdrawals exceed the groundwater basin's safe yield. (ii) A voluntary arrangement under Subsection (4)(c)(i) shall be consistent with other law. (iii) The adoption of a voluntary arrangement under this Subsection (4)(c) by less than all of the water users in a groundwater basin does not affect the rights of water users who do not agree to the voluntary arrangement. (5) To adopt a groundwater management plan, the state engineer shall: (a) give notice as specified in Subsection (7) at least 30 days before the first public meeting held in accordance with Subsection (5)(b): (i) that the state engineer proposes to adopt a groundwater management plan; (ii) describing generally the land area proposed to be included in the groundwater management plan; and (iii) stating the location, date, and time of each public meeting to be held in accordance with Subsection (5)(b); (b) hold one or more public meetings in the geographic area proposed to be included within the groundwater management plan to: (i) address the need for a groundwater management plan; (ii) present any data, studies, or reports that the state engineer intends to consider in preparing the groundwater management plan; (iii) address safe yield and any other subject that may be included in the groundwater management plan; (iv) outline the estimated administrative costs, if any, that groundwater users are likely to incur if the plan is adopted; and (v) receive any public comments and other information presented at the public meeting, including comments from any of the entities listed in Subsection (7)(a)(iii); (c) receive and consider written comments concerning the proposed groundwater management plan from any person for a period determined by the state engineer of not less than 60 days after the day on which the notice required by Subsection (5)(a) is given; (d) (i) at least 60 days prior to final adoption of the groundwater management plan, publish notice: (A) that a draft of the groundwater management plan has been proposed; and (B) specifying where a copy of the draft plan may be reviewed; and (ii) promptly provide a copy of the draft plan in printed or electronic form to each of the entities listed in Subsection (7)(a)(iii) that makes written request for a copy; and P-age1z-of 338 7-2 Old Business Utah Code (e) provide notice of the adoption of the groundwater management plan. (6) A groundwater management plan shall become effective on the date notice of adoption is completed under Subsection (7), or on a later date if specified in the plan. (7) (a) A notice required by this section shall be: (i) published: (A) once a week for two successive weeks in a newspaper of general circulation in each county that encompasses a portion of the land area proposed to be included within the groundwater management plan; and (B) in accordance with Section 45-1-101 for two weeks; (ii) published conspicuously on the state engineer's website; and (iii) mailed to each of the following that has within its boundaries a portion of the land area to be included within the proposed groundwater management plan: (A) county; (B) incorporated city or town; (C) a local district created to acquire or assess a groundwater right under Title 17B, Chapter 1, Provisions Applicable to All Local Districts; (D) improvement district under Title 17B, Chapter 2a, Part 4, Improvement District Act; (E) service area, under Title 17B, Chapter 2a, Part 9, Service Area Act; (F) drainage district, under Title 17B, Chapter 2a, Part 2, Drainage District Act; (G) irrigation district, under Title 17B, Chapter 2a, Part 5, Irrigation District Act; (H) metropolitan water district, under Title 17B, Chapter 2a, Part 6, Metropolitan Water District Act; (I) special service district providing water, sewer, drainage, or flood control services, under Title 17D, Chapter 1, Special Service District Act; (J) water conservancy district, under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; and (K) conservation district, under Title 17D, Chapter 3, Conservation District Act. (b) A notice required by this section is effective upon substantial compliance with Subsections (7) (a)(i) through (iii). (8) A groundwater management plan may be amended in the same manner as a groundwater management plan may be adopted under this section. (9) The existence of a groundwater management plan does not preclude any otherwise eligible person from filing any application or challenging any decision made by the state engineer within the affected groundwater basin. (10) (a) A person aggrieved by a groundwater management plan may challenge any aspect of the groundwater management plan by filing a complaint within 60 days after the adoption of the groundwater management plan in the district court for any county in which the groundwater basin is found. (b) Notwithstanding Subsection (9), a person may challenge the components of a groundwater management plan only in the manner provided by Subsection (10)(a). (c) An action brought under this Subsection (10) is reviewed de novo by the district court. (d) A person challenging a groundwater management plan under this Subsection (10) shall join the state engineer as a defendant in the action challenging the groundwater management plan (e) P-age2�f 338 7-2 Old Business Utah Code (i) Within 30 days after the day on which a person files an action challenging any aspect of a groundwater management plan under Subsection (10)(a), the person filing the action shall publish notice of the action: (A) in a newspaper of general circulation in the county in which the district court is located; and (B) in accordance with Section 45-1-101 for two weeks. (ii) The notice required by Subsection (10)(e)(i)(A) shall be published once a week for two consecutive weeks. (iii) The notice required by Subsection (10)(e)(i) shall: (A) identify the groundwater management plan the person is challenging; (B) identify the case number assigned by the district court; (C) state that a person affected by the groundwater management plan may petition the district court to intervene in the action challenging the groundwater management plan; and (D) list the address for the clerk of the district court in which the action is filed. (iv) (A) Any person affected by the groundwater management plan may petition to intervene in the action within 60 days after the day on which notice is last published under Subsections (10)(e)(i) and (ii). (B) The district court's treatment of a petition to intervene under this Subsection (10)(e)(iv) is governed by the Utah Rules of Civil Procedure. (v) A district court in which an action is brought under Subsection (10)(a) shall consolidate all actions brought under that subsection and include in the consolidated action any person whose petition to intervene is granted. (11) A groundwater management plan adopted or amended in accordance with this section is exempt from the requirements in Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (12) (a) Recharge and recovery projects permitted under Chapter 3b, Groundwater Recharge and Recovery Act, are exempted from this section. (b) In a critical management area, the artificial recharge of a groundwater basin that uses surface water naturally tributary to the groundwater basin by a local district created under Subsection 17B-1-202(1)(a)(xiii), in accordance with Chapter 3b, Groundwater Recharge and Recovery Act, constitutes a beneficial use of the water under Section 73-1-3 if: (i) the recharge is done during the time the area is designated as a critical management area; (ii) the recharge is done with a valid recharge permit; (iii) the recharged water is not recovered under a recovery permit; and (iv) the recharged water is used to replenish the groundwater basin. (13) Nothing in this section may be interpreted to require the development, implementation, or consideration of a groundwater management plan as a prerequisite or condition to the exercise of the state engineer's enforcement powers under other law, including powers granted under Section 73-2-25. (14) A groundwater management plan adopted in accordance with this section may not apply to the dewatering of a mine. (15) (a) A groundwater management plan adopted by the state engineer before May 1, 2006, remains in force and has the same legal effect as it had on the day on which it was adopted by the state engineer. (b) If a groundwater management plan that existed before May 1, 2006, is amended on or after May 1, 2006, the amendment is subject to this section's provisions. P-age 4 338 7-2 Old Business Utah Code Amended by Chapter 97, 2012 General Session P wageyof 338 7-2 Old Business CITY OF MOAB RESOLUTION NO. 17-2018 A RESOLUTION REQUESTING THE UTAH DIVISION OF WATER RIGHTS TO LIMIT NEW ALLOCATIONS WITHIN SPANISH VALLEY WHEREAS, Moab's municipal government is responsible for the promotion of the public health and safety of its residents, including access to clean air, clean water and a livable environment; and WHEREAS, the Moab Water Conservation and Drought Management Advisory Board, which is responsible for providing recommendations to protect water quality and quantity for present and future generations, advocates for this request; and WHEREAS, Utah Code Title 73 requires indefinitely sustainable groundwater resources; and WHEREAS, the recent groundwater study of the United States Geological Survey (USGS) shows a substantial reduction in available ground water which could be further reduced by climate change; and WHEREAS, climate change, including its human -activity -driven impacts, predicts more frequent drought conditions in decades to come, and on January 16, 2018, Grand County Council declared the County a disaster area because of drought; and WHEREAS, current and projected water uses in Moab City and Spanish Valley are anticipated to meet or exceed safe yield in the near future, and according to the State Engineer, the water supply could be reduced by up to 30 percent due to climate change; and WHEREAS, the Spanish Valley aquifer is widely recognized, including by Utah Division of Water Rights (UDWRi), to be substantially over -appropriated which is reflected in the UDWRi initiative to begin an adjudication process and to develop a regional groundwater management plan; and WHEREAS, continuing to perpetuate the impression that abundant groundwater resources are available for unchecked development is misleading and a disservice to valley residents; and WHEREAS, UDWRi (https://www.waterrights.utah.gov/wrinfo/policy/wateruse.asp) has determined 0.45 AF or 146,633 gallons as an estimated annual need for indoor use of a permanent fulltime single family residence and 0.25 AF or 81,473 gallons for a seasonal family residence; and WHEREAS, unused or underutilized paper water rights currently exist in the Moab and Spanish Valley areas which need to be available for future development; and WHEREAS, the Moab City Council acknowledges that proactively addressing adequate water resources is fundamental to our community's financial stability and livability. THEREFORE, be it resolved that the Moab City Council requests the Utah Division of Water Rights, for a period of time extending to or beyond completion of the Groundwater Management Plan, to either a) close the Moab Spanish Valley aquifer to new appropriations, or b) limit new appropriations to 1/2 an acre foot for permanent residences and 1/4 an acre foot for seasonal residences and require larger appropriations to be obtained from the existing inventory of water rights in the Valley. Page 225 of 338 7-2 Old Business To: Moab City Council and Mayor From: Arne Hultquist, Chair / Water Conservation and Drought Management Advisory Board cc: City Manager Everitt, Rosemarie Russo, Chuck Williams Re: Water Board Recommended Resolution Requesting Restrictions on New Water Rights Date: April 3, 2018 As Chair of the Water Advisory Board, I have prepared the following response with input from Board members and staff to address the City Engineer's comments on the Board's suggested resolution for the City to request the Utah Division of Water Rights (UDWRi) to close or further restrict new water rights allocations of Spanish/Moab Valley Groundwater. We appreciate the concerns of Spanish Valley residents on this matter and would like to thank the Moab City officials who have taken time to respond. UDWRi's Authority: There is a concern that UDWRi does not have the authority to close the aquifer at this time. Please note we suggest closing or implementing further restrictions. The portion of the statute that was presented deals with withdrawals from an aquifer, not allocations. That portion of the statute was developed to provide a transparent means for the State Engineer to limit withdrawals by entities which already have a water right allocation where presumably the "safe yield" was being exceeded. The portion of the Utah code that describes the State Engineer's authority with regard to closing an aquifer is described in chapter 73.2.1. According to a Ground -Water Policy Map provided by the UDWRi, numerous areas in the State are designated as "closed" aquifers but do not have a Groundwater Management Plan in place. UDWRi has also restricted new allocations in various areas of the State, including Spanish Valley. Please see the UDWRi map at https://www.waterrights.utah.gov/gisinfo/maps/agwpol.pdf and attached to this document. In the Moab -Spanish Valley area, UDWRi currently restricts new water right allocations to 6.73 acre-feet (AF) or less but transfers from outside Spanish Valley are not restricted. Climate Change: In view of comments regarding potential effects of climate change on the Spanish Valley Aquifer (up to a thirty percent reduction of supply), the Board made an assumption that references weren't required and has corrected the omission. For the record, the State Engineer made comments about his deep concern for the Moab -Spanish Valley Aquifer on October 16, 2017, as recorded in the minutes of the Water Board. The potential for a thirty percent reduction of supply is documented on page four of the Order of the State Engineer for San Juan Spanish Valley Special Service District (2013), which can be read at: https://waterrights.utah.gov/doclmport/0558/05586984.pdf. The Board's intent for recognizing climate change is to bring awareness to the Valley's potential vulnerability to drought for which current allocation policy does not accommodate. Historically, if water rights were not available during years of drought, an agricultural entity with junior water rights was forced to curtail irrigation. In view of current and anticipated development in Spanish Valley, the State might be forced to tell a junior water rights user they would have to turn off water to their homes. While a future Groundwater Management Plan will likely contain measures to avoid this scenario, current allocation policy does not. Draft vs Final: The Board does not anticipate the numbers for "Safe Yield" will change considerably between the draft and final version of the USGS study. UDWRi could lift our proposed moratorium if Page 226 of 338 7-2 Old Business final numbers and the Groundwater Management Plan concluded more water could be allocated. The Board has opted to leave actual numbers out of this resolution because all the numbers, including the draft USGS results for "Safe Yield," are estimates. However, after a review of existing literature, it is assumed that the current amount of paper water rights that are intended to be fulfilled with Spanish Valley groundwater are over 16,000 AF and the USGS draft estimates for supply are 11,000 to 13,000 AF. Our conservative recommendation is intended to avert greater problems due to over -allocation in coming years and decades. Other comments: The City Engineer's comments on two other "whereas" clauses are similar in nature. As Chair, I personally regret the clauses which seem to be inflammatory. Furthermore, the "whereas" statements as written make it appear we are currently facing a dire situation. That is not the case. I agree with UDWRi that there is sufficient groundwater available for the immediate future. Our intent is to raise awareness to the limits of the amount of water available in the aquifer and the time -frame requirements for substantive alternative water -resource development. There have been several meetings and news articles since the initial article that was referenced in the comments by the City Engineer. Accordingly, the annual groundwater delivery/consumption numbers have changed significantly since that article, and are presented in our "Water Board Quick Reference Guide," available on Moab City's Sustainability page (https://moabcity.org/index.aspx?NID=478) and is attached to this document. Our current estimate of Spanish Valley area groundwater use is at 7,796 AF, representing about 66% of the mid -range estimate of "Safe Yield" at this time. The Board does not believe Moab City will be able to obtain another 6,518 AF from the aquifer. Furthermore, that 6,518 AF does not consider our neighbors' expectations associated with water rights they currently own, and does not consider any buffer for drought. I do agree with UDWRi engineer Marc Stilson's comments during our first regional groundwater management plan meeting when he said we may have sufficient water for "a couple of decades" (Times -Independent, Jan 25, 2018). In my experience, a couple of decades is not a significant amount of time when it comes to water -resource development. There is time to adequately address our water resource needs through a groundwater management plan and other water -resource development opportunities. However, the Board believes seriously limiting if not curtailing new allocations to groundwater in Spanish Valley is one step that will provide stability and certainty of resources moving forward. We believe substantially restricting or closing the area will focus attention away from discussions about the aquifer's allocations and bring attention to developing means to cope with our water -resource constraints. Among the Water Board's 2018 goals is the leading goal of a sustainable water -resource management plan for Moab City, in view of a regional groundwater management plan that respects all entities that are affected by water resources, is sustainable over an indefinite amount of time and is resilient to anthropogenic and natural vagaries. One of the first steps toward that goal is to acknowledge our current limitations by closing or substantially limiting new allocations to our already over -allocated groundwater resource. Thank you for your attention to this matter. Arne Page 227 of 338 7-2 Old Business Ground -Water Policy 13 Beryl/Enterprise Cache Valley �29° • Weber Delta Status Open Restricted Closed • Implemented Management Plans Tooele Valley )59 5' • • •b 7 lle — - -�-v_Salt,Lake Valley ��` y ',155�55- f Utah_Valley i �. �( 1 Cedar Valley • Northern Juab Valley Pa 228 of 33 7-2 Old Business Water Board Quick Reference Guide Mike Duncan, Jeff Adams, Rosemarie Russo, and Arne Hultquist Conversions and Acronyms: AF=Acre Foot or Acre Feet cfs=cubic feet per second 1 AF=325,851 gallons 1 cubic foot= 7.48052 gallons —7.5 gallons 1 cfs/year=236,000,000 gallons 1 cfs/year=724 AF UDWRi's estimate for season cabin without landscaping =.25 AF UDWRi's estimate for condominium without landscaping = .45 AF UDWRI's estimate for a single-family home with landscaping = 1.0 AF (Mike Duncan also calculated this as Moab's average). Spanish Valley is currently closed to new appropriation of surface water * Current Spanish Valley GW appropriation limit = 6.73 AF * Spanish Valley GW is open to transfer appropriations * Amount of Groundwater Available for sustainable use: 10,100 to 15,100 AF (USGS Study 2017, this includes both the Valley and Glen Canyon Group Aquifer) Paper Groundwater Rights: Moab City: 10,091 AF ** (others have calculated it at 9440 and 9658) GWSSA: 3940*** SJSVSSD: 500 AF *(Currently they have approval for 500 AF but their water right is 5,000 AF) Estimated private will water rights currently being used: 400 AF* Estimated current surface water rights that are "base flow" or groundwater GCWCD & MIC @ Sheley Tunnel: 2,500 AF* MIC Lower Diversions: 1783 AF **** 12/21/20174/3/2018 Total amount of GW currently considered appropriated= paper water rights + base flow rights= =14,931 + 4,283 = 19,214 AF Current estimate of production potential: Moab City: 5,401 AF** GWSSA: 3,940 AF*** (potential was reported as 9,444 AF but they only have 3,940 AF of water rights) SJSVSSD: 0 AF* GCWCD & MIC at Sheley Tunnel: 2,500 AF* MIC Lower Diversions: 1783 AF **** Private Wells: 400 AF * Total production potential as of yesterday= 14,024 AF Current estimate of Water requirements: Moab City estimate at build out: 9434 AF*** GWSSA estimate by 2060: 1550**** Page 229 of 338 7-2 Old Business SJSVSSD estimate by 2060: 500* (5000 if full rights are developed as stated in the SJSVSSD 40-year water right plan) GCWCD & MIC at Sheley Tunnel if use stays the same: 2,500 AF * MIC Lower Diversions if use stays the same: 1783 AF **** Private Wells if use stays the same: 400* Total Current estimate of water requirements = 16,167 AF Estimates of current groundwater use Moab City: 2283 AF ** GWSSA: 830 AF*** SJSVSSD: 0 Private Wells: 400 * GCWCD & MIC at Shelley Tunnel: 2,500 AF * MIC Lower Diversions: 1783**** Estimated total amount of groundwater currently being used= 7,796 *UDWRi **Moab City 2016 Water Conservation Plan *** GWSSA 2014 Water Conservation Plan **** MIC 2017 Water Distribution Plan Water Resources Key Terms Administered water systems: Most of the rivers in the West were fully appropriated by the end of the nineteenth century leading most Western states to get actively involved in managing water systems (i.e. dams, canals) through "administrated" systems. These systems refer to public agencies involved in regulating surface water use and in making trade- off decisions. Average -cost pricing: Revenue needs to cover costs of production so that general tax revenues do not need to be used. The total costs of delivering water are divided by the quantity of water delivered, and the unit water price set accordingly. Declining block pricing: Uses two pricing mechanisms — one for the first quantity of water and a second price for higher consumption rates. Discharge: Gaining Streams; Springs and Seeps; Phreatophytic Vegetation and Irrigated Crops; Wells; Waste Water Treatment Plants Flow System: bedrock controlled by topography, degree of dissection, continuity, and hydro structures; and alluvium controlled by collapsed anticlines/graben hydrostructures, topography, degree of dissection, continuity, and thickness of deposits Page 230 of 338 7-2 Old Business Freshwater: Most of the water on earth is salty. Much of the global supply of freshwater is locked up in glaciers, ice caps, and elsewhere. This means that freshwater supplies for humans and ecosystems must come from the relatively small amounts that run off as surface water or are contained in accessible groundwater aquifers. Groundwater: The law of groundwater resources is different from, but related to, surface water rights. Groundwater is extracted from underground aquifers, the geohydrological characteristics of which vary widely. Recharge rates can vary from year to year and by the surrounding formations. In many cases, they are hydrologically interconnected to surface water resources, recharging from and discharging to water in streams and lakes. Instream flow protection — Relatively new principle that balances traditional demands for water withdrawals with services such as boating, fishing, ecosystem protection and scenic values. Investment in water supply systems: 1. Investment to protect existing water supplies (buy land in the watershed and around existing springs to minimize development that may threaten water qualities and quantities. 2. Shift from one type of water supply to another 3. Investments in the existing system that increases system capacity ( i.e., replace existing pipes to reduce leakage) 4. Expansion of the existing system (i.e., deeper wells, water canals) Riparian water rights: Stems from the Latin word riparius, meaning, "situated on the banks of a natural watercourse or body of water". It was used in the east, where water is abundant and derived from English legal doctrine. By this doctrine, the rights to use water (other than for irrigation, which was reserved to the government) belonged to the people who owned the banks of the streams or lakes. Prior appropriation water rights: essentially gives water rights to the first person who appropriates it and makes beneficial use of it. It is sometimes called "first in time, first in right." While riparian water law tends to arbitrate right holders as equal in status, prior appropriation creates primacies such as that first users have rights that take precedence over those coming later. It was developed because of the arid climate in the West. The first user is referred to as a senior right holder. Later users known as junior rights holders can gain access to the portion of the water not used by senior holders. Appropriation water rights are also "use it or lose it" rights. The rights exist only so long as the water is actually used; if use stops, the right is lost. Per capita domestic supply: is the sum of public supply and domestic self -supply in relation to the population. U.S. domestic use amounted to 123 gallons per person per day (pppd) in 1960, 163 gallons pppd in 1980, and 164 pppd in 2000 and in 320 in 2016. "' Recharge: Infiltration of Precipitation; Losing Streams; Subregional Flow from Bedrock to Alluvium and Glacial Materials; Site Flow from Eolian, Alluvial and Glacial Materials to Bedrock; Site Flow from Irrigation Safe yield is the amount of water that can be withdrawn from an aquifer without significant ecological impacts. Significant ecological impacts could result from reductions in streamflow where groundwater discharge to the stream provides baseflow. 2) If the amount of groundwater withdrawn exceeds Page 231 of 338 7-2 Old Business the safe yield amounts, the well can go dry. Safe yield is generally considered equal to the average replenishment rate of the aquifer from natural and artificial recharge. Surface Water: Streams, lakes and rivers Water right transfers: Used to address growing populations by using water used that would normally go to agricultural irrigation. Water markets: generally involves buying irrigation rights through private agreements Third -party effects: a person who is affected by water right transfers but is not part of the agreement (i.e., downstream user) Water withdrawals/consumption- Groundwater typically falls in the category of open -access resource, but in the West, groundwater laws developed to be consistent with prior appropriation. Through the specification of groundwater management areas of a state or regional agency may be empowered to set and enforce rules, such as permitting, well spacing, well construction standards, allocation preferences, limited pumping rates, restrictions on place of use and water monitoring and reporting. Did You Know? Water use in the US has not correlated proportionally to total population. Agriculture and industrial uses account for the biggest withdrawals; withdrawals for domestic use amount to only 11%. There is a great deal of regional variation. Irrigation is largely a western phenomenon, which increases the per capita withdrawals. Groundwater and surface Water Interaction: Many large aquifers have been exploited at rates far exceeding recharge rates. In these cases, municipalities and water supply organizations have been forced to turn to alternative freshwater supplies. Decisions need to be made about managing existing aquifers, especially to coordinate groundwater and surface water withdrawals. Moab Fun Facts: • Current WWTP is processing an average of 1.0 million Gallons per Day (MGD) • New Water Reclamation Facility (WRF) is currently under construction. Due to be operational fall 2018. • New WRF has a design capacity to process 1.7 MGD. • Current WWTP uses on average 2,000,000 Gallons of water per month. New WRF is estimated to use only 300,000 gallons of water per month. • Three ea. One Million Gallon Water Tanks and chlorine stations Page 232 of 338 7-2 Old Business " 4 W e l l H o u s e s " 4 S p r i n g s " 2 0 9 3 W a t e r S e r v i c e C o n n e c t i o n s �% 1 5 9 7 R e s i d e n t i a l �% 4 9 6 C o m m e r c i a l T h e a v e r a g e A m e r i c a n u s e s a b o u t 9 0 g a l l o n s o f w a t e r e a c h d a y i n t h e h o m e , a n d e a c h A m e r i c a n h o u s e h o l d u s e s a p p r o x i m a t e l y 1 0 7 , 0 0 0 g a l l o n s o f w a t e r e a c h y e a r . I n f a c t , 5 0 - 7 0 p e r c e n t o f h o m e w a t e r i s u s e d f o r w a t e r i n g l a w n s a n d g a r d e n s . S u r p r i s i n g l y , n e a r l y 1 4 p e r c e n t o f t h e w a t e r a t y p i c a l h o m e o w n e r p a y s f o r i s n e v e r e v e n u s e d i t l e a k s d o w n t h e d r a i n . A m e r i c a n s u s e m u c h m o r e w a t e r e a c h d a y t h a n i n d i v i d u a l s i n b o t h d e v e l o p e d a n d u n d e v e l o p e d c o u n t r i e s : F o r e x a m p l e , t h e a v e r a g e E u r o p e a n u s e s 5 3 g a l l o n s ; t h e a v e r a g e S u b - S a h a r a n c i t i z e n , 3 - 5 g a l l o n s . C o m m o n H o u s e h o l d U s e s o f D r i n k i n g W a t e r ( G a l l o n s p e r C a p i t a p e r D a y ) ' ' " B a t h i n g : 2 0 g p c d " T o i l e t F l u s h i n g : 2 4 g p c d o n - " L a w n W a t e r i n g a n d P o o l s : 2 5 g p c d " L a u n d r y : 8 . 5 g p c d - - a r m W a t e r a r g " D i s h w a s h e r : 4 g p c d ; U t e r i " C a r W a s h i n g : 2 . 5 g p c d - - . ! " ! a v e a V e r i i s _ r 1 . c r w a t e a r s l i V i n t a f r " D r i n k i n g a n d C o o k i n g : 2 g p c d - C i g a w e W a t e r a l t r a " ��" 1 " 4 " y I A M S o s a v e w a V t r a v a t a r - " G a r b a g e D i s p o s a l : 1 g p c d S ' P a g e 2 3 3 o f 3 3 8 7 - 2 O l d B u s i n e s s Field, B (2008), Natural Resource Economics, Waveland Press, Illinois https://water.usgs.gov/edu/qa-home-percapita.html http://www.freedrinkingwater.com/water_quality/common-daily-water-usage.htm Acryomns GWSSA=Grand Water and Sewer Service Agency SJSVSSD=San Juan Spanish Valley Special Service District UDWRi=Utah Division of Water Rights GW= Groundwater GCWCD=Grand County Water Conservancy District MIC= Moab Irrigation Company TNC= The Nature Conservancy WWTP= Waste Water Treatment Plant GCA=Glen Canyon aquifer VF=Valley Fill aquifer Page 234 of 338 7-2 Old Business Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 8-1 Title: Planning Commissioner Appointments Date Submitted: April 3, 2018 Staff Presenter: n/a Attachment(s): Letters of intent and resumes from Mayor Niehaus' appointees Recommended Motion: I move to confirm the mayoral appointments of Allison Brown, Brian Ballard, and Marianne Becnel to the City of Moab's Planning and Zoning Commission, effective immediately. Allison's term expires on December 31, 2019, Brian's term expires on December 31, 2020, and Marianne's term expires on December 31, 2021. Background/Summary: Per the newly -modified Title 2 of the Moab City Code, the Mayor appoints and the Council confirms the members of the City's Planning and Zoning Commission. The appointees are Allison Brown, Brian Ballard, and Marianne Becnel. Letters of intent and resumes are attached for your consideration. Page 235 of 338 8-1 New Business To Whom It May Concern: I am interested in serving on the Moab City Planning Commission. I've lived in Moab, Utah for 38 years and have seen many changes. I've been a full-time builder for the last 30 years. I have experience in development of infrastructure for residential homes; and have contracted to do commercial work for business owners in Moab. I am adept at reading and drawing plans; and have worked well with building authorities in conjunction with approvals. I have a strong understanding of needed infrastructure, and the cost of that infrastructure. I understand the process of moving projects forward in a legal and ethical manner. I understand the need for different levels of housing to meet the needs of our residents: Low-income, affordable, retirement, middle-class and more. And I believe that it is possible for us to work together to minimize negative impacts of development. In a small community with limited land available, we need to be creative to meet housing needs. I would be honored to be considered for this position, and would love to be able to share my experience for the good of Moab. Sincerely, Brian Ballard (435) 260-8332 PO Box 151 Moab, Utah 84532 2,(ez-c-( Page 236 of 338 8-1 New Business Hi Mayor Niehaus, I attended the planning meeting as a citizen last night and I would like to be involved in the planning commission on a part-time basis. I am not sure where I might fit and I hope you can point me in the right direction. If the planning commission is looking for additional members, I am one of those young, qualified people. I think I could work/volunteer part time in the right environment. It would deter burn out and encourage fresh and creative energy. Here's my background: I hold a BS in Urban Planning from the University of Utah and an MS in Health Science from Montana State University. Courses include Open Space Design, GIS, Economic Development and Census 2009 Report Analysis, Nonprofit Community Organizations, Community Transit, Community Development and Environmental Change, Mixed -use Developments, Urban Ecology Semester in Green Urbanism -Germany, Growth Economics- projecting growth along the Wasatch Front and housing and transit needs, and many others. At Montana State, I worked on a healthcare analysis of the Navajo Nation but focused mainly on biochemistry and cell biology. I am familiar with creating master plans, zoning changes, density mapping, green belts, multimodal transportation, place -making, and gaining public involvement. A project spearheaded in college was creating a community garden in Salt Lake City in a blighted area near a transit stop (The People's Portable Garden). The main theme was a ground up creation of a lasting community managed space that deterred crime with increased community eyes on the street and in the garden. I planned workshops for citizens, all the way through building, committee creation, and planting the garden. I worked with the Salt Lake City RDA for $50,000 of startup funds, the Salt Lake Arts Alliance for another $50,000 grant, and was a liaison with the RDA, Wasatch Community Gardens, and the residents of the community. This project created a framework for many new community gardens in Salt Lake County and a partnership between the city and Wasatch Community Gardens. I learned to lead contentious meetings, incorporate all interests, and engage the community in owning and having responsibility for this space- I also really enjoyed it. I am currently working for Canyonlands Field Institute and on a freelance sustainable development project for Eagle Point Ski Resort. Additionally, I volunteer at the Moab Free Health Clinic monthly, for the Moran Eye Center bi-monthly on the Navajo Nation, on a tech project for the 4th Street Homeless Clinic in Salt Lake City, and Girls on the Run. Working as a guide in Moab since 2006 while earning a degree and the U of U, I found my roots here in Moab, and my inspiration for creating healthy communities. This is a passion of mine and I'd like to be involved in helping Moab grow in the right direction. Best, Marianne Becnel Page 237 of 338 8-1 New Business 1 April, 2018 Mayor Niehaus City of Moab Mayor Niehaus: I am interested in one of the Planning Commission positions for the City of Moab. I worked on the commission under Mayor Dave for two and a half years and I hope to continue that service to the city. I chose to seek a seat on the commission as a way to assist in the implementation of the vision and general plan of the community. I have learned that filling these volunteer positions can be difficult for the city for they are sometimes thankless and often time consuming As the commission is hoping to move to seven members, I hope these positions can be filled with people who have a passion for the direction that you and the Council have envisioned. Thank you for your consideration, Allison Brown 716 Westwood Ave 912-659-5855 Page 238 of 338 8-1 New Business Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 8-3 Title: Approval of Double E Construction Inc. as contractor for the City of Moab Bridge and Trails Project Date Submitted: April 3, 2018 Staff Presenter: Tif Miller Attachment(s): Double E Construction Inc. Bid Options: Approve or deny bid. Recommended Motion: "I move to approve Double E Construction Inc as the contractor for the City of Moab Bridge and Trails project Background/Summary: The City went out for a competitive bid for our Bridge and trails project. The project will help to improve trail and bridge infrastructure, install and replace new bridges, as well as help us to have our trails completely within city limits or to make sure we have easements for the entirety of the trails. The City held a mandatory pre -bid construction meeting and from that meeting we received two bids for the project. The project is expected to begin as soon as possible to meet our deadline of June 1st. The winning bid has been recommended to go to Double E Construction Inc. with a bid of $333,992.50 which includes an alternative additional item to place road base on the existing trail. The project is expected to be ongoing once started until the end of May. The winning bid was awarded due to cost as well as the timeline that was given for completion. References for the contractor were made all came back positive for quality and timeliness. Page 239 of 338 8-3 New Business THIS AGREEMENT is by and between Moab City ("Owner") and Double E Construction Inc. ("Contractor"). ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: A. Installation of a new prefabricated steel truss pedestrian bridge on Mill Creek with associated erosion protection, installation of a new reinforced concrete box culvert on Pack Creek with associated erosion protection, and installation of new riprap erosion protection around two existing pedestrian bridges and a channel bank along Mill Creek in Moab, Utah. ARTICLE 2 - THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: All work, equipment and materials required to install a new prefabricated steel truss pedestrian bridge on Mill Creek, install a new reinforced concrete box culvert on Pack Creek, and installation of riprap erosion protection around the new structures and around two existing pedestrian bridges and a channel bank along Mill Creek. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bowen Collins & Associates. 3.02 The Owner has retained Bowen Collins & Associates ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before May 25, 2018, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before June 1, 2018. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT AGREEMENT PAGE 00 52 13 - 2 Page 240 of 338 proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ 300 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) $ 333,922.50. B. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 30th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT AGREEMENT PAGE 00 52 13 - 3 Page 241 of 338 ARTICLE 7 - INTEREST 7.01 All amounts not paid when due shall bear interest at the maximum rate per annum, as allowed by the State. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT AGREEMENT PAGE 00 52 13 - 4 Page 242 of 338 1• Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance bond. 3. Payment bond. 4. General Conditions. S. Supplementary Conditions. 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings 8. Addenda 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid. 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT AGREEMENT PAGE 00 52 13 - 5 Page 243 of 338 limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT AGREEMENT PAGE 00 52 13 - 6 Page 244 of 338 This Agreement will be effective on April 10, 2018 (which is the Effective Date of the Contract). OWNER: CONTRACTOR: By: Title: By: Title: Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT License No.: END OF SECTION (where applicable) AGREEMENT PAGE 00 52 13 - 7 Page 245 of 338 SECTION 00 4100 BID FORM Copyright 0 2013 (EJCDC® C-410) National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Moab 2017 Pedestrian Bridges Project Project No: 130-15-05 TABLE OF CONTENTS Page ARTICLE 1- Bid Recipient 2 ARTICLE 2 - Bidder's Acknowledgements 2 ARTICLE 3 - Bidder's Representations 2 ARTICLE 4 - Bidder's Certification 3 ARTICLE 5 - Basis of Bid 4 ARTICLE 6 - Time of Completion 6 ARTICLE 7 - Attachments to this Bid 6 ARTICLE 8 - Defined Terms 6 ARTICLE 9 - Bid Submittal 6 BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 4100 - 1 Page 246 of 338 8-3 New Business ARTICLE 1- BID RECIPIENT 1.01 This Bid is submitted to: Moab City 217 East Center Street Moab, Utah 84532 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum. Date 3 zco l l 5- 3IZc1 I1t B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 41 00-2 Page 247 of 338 8-3 New Business E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site - related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 - BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 41 00-3 Page 248 of 338 8-3 New Business 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the a execution of the Contract. ARTICLE S - BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): BASE BID - SCHEDULE A Item No. Description Unit Estimated Quantity Bid Unit Price Bid Price Al Mobilization, Demobilization, and Administrative Items LS 1 $ 3�'1S- 6i $ 3�17S C A2 Field Surveying and Staking LS 1 $y1S-1;,1;t' $ Lei ISI;,0,r A3 Construction of 150 West Pedestrian Bridge LS 1 $gS0612, ^$� Z,�qZ A4 Construction of 200 South Reinforced Concrete Box Culvert LS 1 $�3,30�� $3,30�). A5 Riprap Erosion Protection (D50 = 12") CY 500 $ 5S , S'S $ 21 Cris-. t A6 Riprap Erosion Protection (D50 = 18 ) CY 400 $ IyCI,2- $'Stj10D , A7 Non -Woven Geotextile Fabric 5Y 450 $ L1:— $ 'al V7.51 A8 Cut, Fill and Grade Channel Banks at Channel Bend LS 1 $ Z51q_`'' $ %S I61.a A9 Develop Construction Access LS 1 $ O N . ` $ U 31 0 , i» A10 Cottonwood Tree Pole Plantings EA 23 $ I STD , S $ 3L1S-D, 0 All Reseeding Disturbed Areas LS 1 Sill D, $ ill 0."V Al2 Tree Removal and Trimming LS 1 $ -}I S7 uv $ LO S Z . L'-' Total of All Unit Price Bid Items $Si1,, i 2 it+ lv Total of Lump Sum and Unit Price Bids = Total Base Bid Price Written in Words): Yaffe huAttrq sTTtireK-4-r{ik4-t1Cv5Gold-S-elrefnk d red-ft,ei ye_ doihrf Sti r eki BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT B1D FORM PAGE 00 4100-4 Page 249 of 338 8-3 New Business Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. At the request of the City, Bidder will complete the additional Work in accordance with the Contract Documents for the following price(s): ADDITIVE ALTERNATE BID - SCHEDULE B Item No. Description Unit Estimated Quantity Bid Unit Price Bid Price B1 Install Type 'G' Untreated Road Base on Existing Trail LF 2,200 $1 MO $ j 1,,2-$1), Alternative Bid Item - Schedule C Bidder acknowledges that due to schedule and project construction costs, the City may decide to postpone construction of the project until September 2018. At the request of the City, Bidder will start the Project in September 2018 and will complete the Work in accordance with the Contract Documents at the adjusted price listed below. Additional cost will be shown numerically. A reduction in cost will include numbers shown in parentheses, i.e., ($100) for a reduced bid price of $100. Item No. Description Total ($) C1 Bid Price Adjustment if Project Construction is Postponed until September 2018 IA: $ 0,c C a4 clnavAcyc. If the Owner opts to select Alternative Bid Item C1, the selected Bidder shall update the unit prices listed in the Base Bid to reflect the total reduced price. Total Base Bid: Total of Additive Alternate B1 Total of Alternate Bid Item Cl Total Bid Summary $ 317, 11z.51-, $ Ilv,Z4�D ,Uo $ . 0 3 3 .S P CI Z .so Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 41 00-5 Page 250 of 338 8-3 New Business and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 - TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete on or before May 25, 2018, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before lune 1. 2018. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 - ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; ARTICLE 8 - DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 - BID SUBMITTAL BIDDER: (Indicate correct name of bidding entity) OatE rens--kitcbr-vi, vk't By: [Signature] [Printed name] IMCkvit -- Prrsldei,J- (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: Y---tdz- C(LJIv‘ V16e CWDlr,CeL-4' Address for giving notices: PO 6 k)(- (13 D Q(cy.‘ t'V�i� �l C i1 flit g-t et, LA i S4L6 z s BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 41 00-6 Page 251 of 338 8-3 New Business Telephone Number: (-1 3S- Slot-l-U J 1 Z Fax Number: b's 13 Contact Name and e-mail address: An IA6 VIt eIlot4 tic ulolec c, (1was+,VIe1- Bidder's License No.: L-11--(-S� (where applicable) BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT END OF SECTION BID FORM PAGE 00 4100-7 Page 252 of 338 8-3 New Business THIS PAGE INTENTIONALLY BLANK BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 4100-8 Page 253 of 338 8-3 New Business SECTION 00 4510 CONTRACTOR'S CURRENT BUSINESS LICENSE INFORMATION Bidder shall attach to this section a copy of the Bidder's current business license information. STATE OF UTAH DEPARTMENT OF COMMERCE ACTIVE LICENSE: DOUble E 640.kuction Inc `930 ESA A,61:0' 'PO `1008 GREEN RIVER,VI::84036 0638 EFFECTIVE EXPIRATION . 11/30/2015 11/30/2019 : •TT\T Tl T 111 T+TIf�. IQa1, REFERENCE NUMBER(S); CLASSIFICATION(S) 8 DETAIL(S) 351 i44-55v1 Contractor With LRF 13100, E100 DBAs• None Associated r ON& E CwsltivcfiN, C- Name of Bidder END OF DOCUMENT BC&A CONTRACTOR'S CURRENT BUSINESS LICENSE INFORMATION MOAB CITY PAGE 00 45 10-1 MOAB 2017 PEDESTRIAN BRIDGES PROJECT Page 254 of 338 8-3 New Business Double E Construction, Inc. j 1 1 l I Moab Pedestrian Bridge Preliminary Schedule] � j (-- 1 I I I i 11 1 1 I Activity April May June July August September October November 150 West Pedestrian Bridge Installation X X X X X Place Riprap at 150 West X 200 South Pedestrian Bridge Installation X X X X X Make 18 Inch Rip Rap X X Place RipRap at 200 South Site X X Mill Creek Channel Modification X X X X Place RipRap at 500 West Pedestrian Bridge X X X X Place Riprap at 300 West Pedestrain Bridge X X X X Page 255 of 338 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT END OF SECTION Page 256 of 338 Rtn Rmmn 8-3 New Business Direct Inquiries/Claims to: POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: THE HARTFORD BOND, T-12 One Hartford Plaza Hartford, Connecticut 06155 Bond.ClaimsOthehartf ord.com call: 888-266-3488 or fax: 860-757-5835 Agency Name: COBB STRECKER DUNPHY ZIMMRMAN/BOND Agency Code: 41-711084 X X X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana n Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby up to the amount of Unlimited : Melinda C. Blodgett, R. C. Bowman, R. Scott Egginton, R. W. Frank, Ted R. Joshua R. Loftis, Kurt C. Lundblad, Brian J. Oestreich, Jerome T. Ouimet, Remick, Nicole Stillings, John E. Tauer, Rachel Thomas, Colby D. White of MINNEAPOLIS, Minnesota make, constitute and appoint, Jorgensen, Craig their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. John Gray, Assistant Secretary STATE OF CONNECTICUT Ss. COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Hartford M. Ross Fisher, Senior Vice President Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31. 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Pow er_d_Attorney eLrjcOted by said Companies, which is still in full force effective as of April 2nd, 2018 Signed'and sealed attitk amity of Hartford. .6fir,..r Kevin Heckman Assistant Vice President MA 2018 Page 257 of 338 8-3 New Business DDJ IIECO\STI�CiIC P.O. BOX 475 GREEN RIVER, UTAH 84525 Board of Directors Notice of Special Meeting Date: May I, 2014 Location: Office at 930 East Main Street, Green River, UT Attendance: Anne M. Elliott- President, VP, Secretary, Board of Directors Randy Erwin- Board of Directors Items To Be Discussed: Old Items: New Items: ■ None ■ Change Stockholders. Add Kirk (Randy) Erwin as Stockholder Meeting to be held on May 12, 2014. Executed this 1st day of May 2014. Executed by Name: Anne Marie Elliott Title: President and Secretary OFFICE (435) 564-6572 FAX (435) 56- 8-3 New Business ATTACHMENT 4 BID DOCUMENTS BC&A — 3118 MOAB 2017 PEDESTRIAN BRIDGES PROJECT Page 259 of 338 ADDENDUM NO. 2 oar_ a 8-3 New Business SECTION 00 4100 BID FORM Copyright © 2013 (EJCDCO C-410) National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Moab 2017 Pedestrian Bridges Project Project No:130-15-05 TABLE OF CONTENTS Page ARTICLE 1- Bid Recipient 2 ARTICLE 2 - Bidder's Acknowledgements 2 ARTICLE 3 - Bidder's Representations 2 ARTICLE 4 - Bidder's Certification 3 ARTICLE 5 - Basis of Bid 4 ARTICLE 6 - Time of Completion 6 ARTICLE 7 - Attachments to this Bid 6 ARTICLE 8 - Defined Terms 6 ARTICLE 9 - Bid Submittal 6 BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 4100 -1 Page 260 of 338 8-3 New Business ARTICLE 1- BID RECIPIENT 1.01 This Bid is submitted to: Moab City 217 East Center Street Moab, Utah 84532 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No, Addendum #1 Addendum. Date 3/16/18 Addendum #2 3/26/18 Addendum #3 3/29/18 B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 41 00-2 Page 261 of 338 8-3 New Business E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site - related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. l• ARTICLE 4 - BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 4100-3 Page 262 of 338 8-3 New Business 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the a execution of the Contract. ARTICLE 5 - BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s); BASE BID - SCHEDULE A Item No. Description Unit Estimated Quantity Bid Unit Price Bid Price Al Mobilization, Demobilization, and Administrative Items LS 1 $ 40,350.00 $ 40,350.00 A2 Field Surveying and Staking LS 1 $ 6,020.00 $ 6,020.00 A3 Construction of 150 West Pedestrian Bridge LS 1 $ 77,650.00 $ 77,650.00 A4 Construction of 200 South Reinforced Concrete Box Culvert LS 1 $ 65,250.00 $ 65,250.00 A5 1 p;)ap Erosion Protection (D50 = CY SOO $ 135.00 $ 67,500.00 A6 Riprap Erosion Protection (D50 = 18 ) CY 400 $ 150.00 $ 60,000.00 A7 Non -Woven Geotextile Fabric SY 450 $ 4.20 $ 1,890.00 A8 Cut, Fill and Grade Channel Banks at Channel Bend LS 1 $ 9,150.00 $ 9,150.00 A9 Develop Construction Access LS 1 $ 8,380.00 $ 8,380.00 A10 Cottonwood Tree Pole Plantings EA 23 $ 160.00 $ 3,680.00 A11 Reseeding Disturbed Areas LS 1 $ 3,610.00 $ 3,610.00 Al2 Tree Removal and Trimming LS 1 $ 8,430.00 $ 8,430.00 Total of All Unit Price Bid Items $ 351,910.00 Total of Lump Sum and Unit Price Bids = Total Base Bid Price Written in Words): Three hundred fifty one thousand nine hundred and ten dollars no cents. BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 41 00-4 Page 263 of 338 8-3 New Business Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by ,Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. At the request of the City, Bidder will complete the additional Work in accordance with the Contract Documents for the following price(s): ADDITIVE ALTERNATE BID - SCHEDULE B Item No. Description Unit Estimated Quantity Bid Unit Price Bid Price 81 Install Type'G' Untreated Road Base on Existing Trail LF 2,200 $ 13.50 $ 29,700.00 Alternative Bid Item - Schedule C Bidder acknowledges that due to schedule and project construction costs, the City may decide to postpone construction of the project until September 2018. At the request of the City, Bidder will start the Project in September 2018 and will complete the Work in accordance with the Contract Documents at the adjusted price listed below. Additional cost will be shown numerically. A reduction in cost will include numbers shown in parentheses, i.e., ($100) for a reduced bid price of $100. Item No. Description Total ($) C1 Bid Price Adjustment if Project Construction is Postponed until September 2018 $ (20,890.00) If the Owner opts to select Alternative Bid Item C1, the selected Bidder shall update the unit prices listed in the Base Bid to reflect the total reduced price. Bid Summary Total Base Bid: $ Total of Additive Alternate B1 $ Total of Alternate Bid Item C1 $ (20,890.00) Total $ 360,720.00 351,910.00 29, 700.00 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 41 00-5 Page 264 of 338 8-3 New Business and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 - TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete on or before May 25. 2018, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before June 1. 2018. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 - ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; ARTICLE 8 - DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 - BID SUBMITTAL BIDDER: (Indicate correct name of bidding entity) Nelco Contractors Inc. By: [Signature] Gaketav--- [Printed name] Cason Frandsen (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: )44)r)141,t‘4 Timothy Madsen Project Coordinator 412/18 Address for giving notices: 4520 S. 100 W. Price, Utah 84501 BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 41 00-6 Page 265 of 338 8-3 New Business Telephone Number: 435-637-3495 Fax Number: 435-637-3497 Contact Name and e-mail address: Timothy Madsen, tmadsen@nelcocontractors.com Bidder's License No.: 229780-5501 (where applicable) END OF SECTION BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT BID FORM PAGE 00 41 00-7 Page 266 of 338 8-3 New Business SECRETARY'S CERTIFICATE OF DIRECTORS' RESOLUTIONS I, Jason Frandsen, Secretary of Nelco Contractor's, Inc., a corporation duly organized and existing under the laws of the State of Utah (the "Corporation"), HEREBY CERTIFY that the following is a true copy of a resolution duly adopted by the Board of Directors of the Corporation on October 21, 2014, that such resolution is now in full force and effect and is in accordance with the provisions of the Bylaws of the Corporation and the laws of the jurisdiction of its incorporation, and that the undersigned is authorized to certify and furnish a copy of this resolution: RESOLVED, that the powers and duties of the President and CEO are: (A) To act as the chief executive officer of the corporation and, subject to the control of the Board of Directors, to have general supervision, direction and control of the business and affairs of the corporation. (B) To preside at all meetings of the shareholders and, if the President is also a Director, at all meetings of the Board of Directors. (C) To call meetings of the shareholders and also of the Board of Directors to be held at such tithes and, subject to the limitations prescribed by law or by these Bylaws, at such places as he shaU deem proper. (D) To affix the signature of the corporation to all deeds, conveyances, mortgages, leases, obligations, bonds, certificates and other papers and instruments in writing which, in the judgment of the President, should be executed on behalf of the corporation and which do not require authorization of the Board of Directors, to sign certificates for shares of stock of the corporation and to have general charge of the property of the corporation and to supervise and control all officers, agents and employees of the corporation. I FURTHER CERTIFY that Jason Frandsen is the duly elected President and CEO of this Corporation. IN WITNESS WHEREOF, I have hereunto set my hand as Secretary of this Corporation and affixed its corporate seal by order of its Board of Directors on this 21 st day of October, 2014. 4 j y NOTARY PUBLIC 3 CARNFEN HUMPHREY 1 Commission No. 680114 I _ C=mission Expires 1=,�y�`� R 16, 2D18 L , - �� _ _ _ ST____ OF tliAH i a. y tiCta.•.. ei r. i.f..i 'al it ji +t l A I t' v'. ___---.--Rage 264-of 338--- 8-3 New Business 0 :maxrS�axi"S�a�rsy?5�:�.A.J .sforoxxo STATE OF UTAH DEPARTMENT OF COMMERCE DIVISION OF OCCUPATIONAL & P:ROFESSIONAL LICENSING EFFECTIVE DATE: EXPIRATION DATE: ISSUED TO: ACTIVE LICENSE 06/07/1999 11 /30/2019 Nelco Contractors Inc PO BOX 282 Price UT 84501 REFERENCE NUMBER(S), CLASSIFICATIONS) & DETAIL(S) . .0.4ig 229780-5501 Contractor With LRF DBAs: None Associated B100, E100, S310, S390 Form S 3 Page 268 of 338 8-3 New Business ti SECTION 00 43 83 PRELIMINARY CONSTRUCTION SCHEDULE Bidder shall complete the following bar chart schedule, adding major construction items for the listed activities at a minimum. The :;chedule shall indicata the dates for Substantial Completion, Final Completion, and any constraints on performance of the work. Assume Notice to Proceed is issued by [ a/sna (Dates shown in the bar chart indicate the Monday of each week.) (Insert appropriate table with major tasks) 1)a Activity Please see next page. to [Date] [Date" Date _] Nelco Contractors Inc. Name of Bidder BC&A MOAB CITY MOAB 2017 PEDESTRIAN BRIDGES PROJECT END OF SECTION PRELIMINARY CONSTRUCTION SCHEDULE PAGE 00 43 83-1 Page 269 of 338 8-3 New Business Example Preliminary Construction Schedule 2018 Spring Start Activity April May June July August September October 1 November 150 west: Pedestrian Bridge Installation l 5---,-----E l l I ` i r i i r i i r 1 i f Place Riprap at 150 West Site 5----E 200 South Pedestrian Bridge Installation S----- - E Place Riprap at 200 South cite c •7 y E Mill Creek Channel Modification S---------- E Place Riprap at 500 West Pedestrian Bridge S---���� -__E Place Riprap at 300 West Pedestrian Bridge S------, E S = Start Date E= End ( Substantial Completion) if fall start awarded will provide schedule as requested. Page 270 of 338 Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 8-4 Title: Approval of Easement Documents for City of Moab Bridge and Trails Project Date Submitted: April 3, 2018 Staff Presenter: Tif Miller Attachment(s): Bazil/Todd Documents Robb Documents Options: Approve or deny easements. Recommended Motion: "I move to approve the Easements documents for the City of Moab Bridget and Trails project" Background/Summary: As part of the City of Moab's Bridge and Trails project, certain easements have been retained and trail locations have been relocated. The Bazil/Todd property off of 100 W has been home to trail access along the Mill Creek Parkway, but no easement was documented for this stretch of trail. The City has worked with the property owners to relocate the trail off of their property and has agreed to give up any claims to that space. The City has also coordinated with the Robb property off of 200 S to relocate the trail head in this location on to their property away from its current location. The City has worked on procuring this access through a fee of $3,500 to be paid to the property owner to grant a permanent access easement on their property. These documents are necessary as part of completing the project and doing so in a timely manner. Page 271 of 338 8-4 New Business When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 TEMPORARY CONSTRUCTION LICENSE AND AGREEMENT For good and valuable consideration, the receipt of which is acknowledged, Thomas J. Todd and Rhonda J. Bazil, whose address is Post Office Box 4612, Aspen, CO 81612 (Grantors) and the City of Moab, a Utah municipality, whose address is 217 East Center Street, Moab Utah 84532 (Grantee), enter into the following temporary construction license and agreement (Agreement). 1. Intent. Grantors' property is currently crossed by a pedestrian trail which has been utilized by the public and maintained by the Grantee. No written easement exists for the trail. The parties intend to demolish that trial and establish a new pedestrian/non- motorized pathway on lands owned by another party, and situated to the north of Mill Creek. In exchange for the performances specified in this Agreement, and subject to the condition precedent that Grantee secures an additional easement for the establishment of a new pedestrian pathway, as set forth in Section 5, below, the parties agree to the following. 2. Conveyance and Purpose. Grantors grant and convey to Grantee a temporary construction license (the "Construction License") for ingress/egress and the demolition/removal of a public trail and related improvements over and across the lands described in in Exhibit A, attached (the "License Area"). The Construction License shall be temporary in duration, for a period of not to exceed two hundred ten (210) calendar days from the date of execution, below, following which the Construction License shall immediately expire, and the Grantee covenants and agrees that it shall have no further right or interest as to the real property comprising same. Simultaneously, Grantors have granted a permanent easement across their lands for access to the new trail north of Mill Creek (the Easement), and secured a Subordination Agreement for that Easement from their lender, U.S. Bank, N.A. 3. Nonexclusive Use. Grantors shall retain the use and enjoyment of the License Area, and shall be entitled to utilize same for all purposes that are not inconsistent with the rights accorded to the Grantee under this Agreement. 4. Restoration. Grantee shall remove the existing trail, all trail -related improvements, and restore the surface of the License Area to the conditions existing prior to the establishment of the public trail. Restoration may include grading and reseeding as necessary, and shall include barriers and/or signage sufficient to inform the public that 1 Page 272 of 338 8-4 New Business the trail is closed to public access. All restoration work within or upon the License Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration the Grantee shall remove all equipment and materials from the License Area. 5. Compensation; New Trail. Upon completion of a new public trail to be constructed upon adjacent lands owned by KNOBY, LLC, as more particularly described in Exhibit B, attached, the Grantors shall pay the sum of five thousand dollars ($5,000.00) to Grantee, which sum shall be applied to partially defray costs incurred by Grantee in relocating the existing trail on the Grantors' property. The design and scope of the new trail to be constructed on the Exhibit B property shall be vested in the sole discretion of the Grantee. 6. Non -Interference. Grantors shall not interfere with, obstruct, or deny access to Grantee, its employees, contractors, or agents who may utilize the Construction License within the License Area. Grantor shall be responsible for all damages accruing to Grantee as a result of any denial of access or damage to any improvements within the License Area caused by Grantor, its agents, or assigns. 7. Sole and Complete Agreement; Discharge of Other Claims. This Agreement and the accompanying Deed of Easement are the sole and complete agreements of the parties, and they supersede all prior representations, contracts, or other agreements between the parties. In addition, the parties represent and agree that this Agreement is an accord and satisfaction which, upon completion of the performances specified, discharges and releases the parties from any and all causes of action or legal claims, however denominated, each may have against the other. Nothing in this Agreement shall be considered an admission of fault or wrong -doing by either party. 8. Governing Law. This Agreement is governed by Utah law. The exclusive venue for any dispute arising under this Agreement shall be the Courts of Grand County, Utah. 9. Remedies; Costs. Depending on the nature of the dispute, this Agreement may be enforced in an action for specific performance, damages, or both. In any dispute arising under this Agreement, the prevailing party shall be entitled to recover its court costs and reasonable attorney fees, in addition to any other relief. 10. Notice. Any notice under this Agreement shall be sufficient if sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified in the first paragraph of this Agreement, above. Prior to invoking any remedies under this Agreement, the non -breaching party shall provide written notice to the other party and afford that party a reasonable period of time, but in any event not less than ten (10) calendar days, in which to cure or abate any breaching condition or violation. A cure within that time shall reinstate all rights and obligations under this Agreement. -Remainder of Page Intentionally Left Blank- 2 Page 273 of 338 8-4 New Business Bazil/Todd Temporary Construction License and Agreement Signature Page Executed and effective as of the date of last execution, below. Grantors: By: Rhonda J. Bazil Date By: Thomas J. Todd Date ACKNOWLEDGMENT The foregoing Temporary Construction License and Agreement was executed before me this _ day of , 2018 by Rhonda J. Bazil and Thomas J. Todd. Witness my hand and official seal. My commission expires: Notary Public, State of Address: Grantee: City of Moab By: Mayor Emily Niehaus Date Attest: Rachel Stenta, Recorder Date 3 Page 274 of 338 8-4 New Business EXHIBIT A A 20' wide Temporary Construction License Area, being more particularly described as follows: Beginning at a point South 4°56'34" West 609.36 feet from the City Monument at the intersection of Center Street and 100 West Street in Moab Townsite, said point being South 2824.24 feet and West 270.76 feet from the North Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 0°17'00" West 23.04 feet; thence North 69°36'59" West 13.68 feet; thence North 27°59'11" West 20.24 feet; thence North 56°36'11" West 16.56 feet; thence North 70°24'15" West 24.54 feet; thence North 76°28'45" West 27.56 feet; thence North 80°09'55" West 41.57 feet; thence North 85°06'47" West 35.65 feet; thence North 76°50'31" West 30.59 feet; thence North 71°28'06" West 36.66 feet; thence North 21.09 feet; thence South 71°28'06" East 42.43 feet; thence South 76°50'31" East 28.20 feet; thence South 85°06'47" East 35.07 feet; thence South 80°09'55" East 43.08 feet; thence South 76°28'45" East 29.26 feet; thence South 70°24'15" East 28.02 feet; thence South 56°36'11" East 24.08 feet; thence South 27°59'11" East 15.27 feet to the point of beginning. (The Basis of Bearings is North 00°17'00" East along the monumented centerline of 100 West Street) Page 275 of 338 8-4 New Business ,Ob = „T :31VJS O'ZZLZ H1f1O5 01281S ' '3TZa 'S9Zl 'T NOIlJ3S a3NNOJ G alumnb HlaoN 1 41 G� _ 71 0 - n G D ,b0'6T M „L0,8Zo68 N TZ'8T _ 6b 5T M „OO,LLOO S �r M ,6Z,9E,98 N ,£'bLZ 1S3M (— _ r 8 J'd \ Ise] ,96'i 3 „OZ,T :eZO N • ,6Z'Zi1J M „8Z,L£v08 NJ ,00'85a ,Z£'ZTV 3 „6Z,9£e98 S 8LI0-I00-TO IIZVEI 0401 ,ZL"LiIJ �,Cg•ri.. M,.bE,8£o89 NJ 00'891 �L ►v -a.. ,bL'ITV —.AE'SS Ise] `� ,L9'L1J _ 3 „ST,ZZeT8 SJ _ - ,00'Zta ,89'LV \ L9'£L ZZIO-I00-TO ABONN 9 lI9IHXD 1NAWDSVD 8-4 New Business OLIO-T00-TO A1I3 EIVow M M O co N N. a) m a When Recorded Mail To: City of Moab 217 East Center Street Moab, UT 84532 SUBORDINATION AGREEMENT For valuable consideration, this Subordination Agreement made as of the date set forth below by U.S. Bank National Association, having an address of 420 East Main Street, Aspen, CO 81611 (Subordinator), and the City of Moab, a Utah Municipality, having its address at 217 East Center Street, Moab, UT 84532 (City). RECITALS: A. Rhonda J. Bazil and Thomas J. Todd (Borrowers) are currently indebted to Subordinator, the debt being secured by a deed of trust in the amount of dated of the land records of Grand County, Utah (the Deed of Trust). The Deed of Trust encumbers the entirety of Borrowers' property, Grand County, Utah, Tax Parcel No. 01- 001-0178. B. Borrowers have agreed to convey to the City a Deed of Easement across the property encumbered by the Deed of Trust. The easement is described in Exhibit A, attached (Easement). Concurrently, the City has also agreed to abandon and restore an existing trail crossing the Borrowers' property in conjunction with the construction of improvements in the new Easement, as confirmed by a separate Temporary Construction License and Agreement. C. It is necessary that the City obtain unencumbered title to the Easement prior to the construction of all improvements, and it is in the interests of all parties that the new Easement be established, and the old trail abandoned. In consideration of the performances described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows: AGREEMENT: 1. The Recitals are incorporated into and made part of this Agreement. 2. Subordinator agrees that the Deed of Trust described above is hereby subordinated and made subject to the Deed of Easement conveyed by Borrowers Thomas J. Todd and Rhonda J. Bazil, dated , 2018, and conveying to the City of Moab the Easement as described in Exhibit A. Said Easement is recorded at Reception No, of the Grand County, Utah, land records. 3. Any default, foreclosure, sale, or other legal process with respect to the Deed of Trust shall not extinguish or otherwise impair the Easement in any way. 1 Page 277 of 338 8-4 New Business Bazil/Todd Subordination Agreement 4. This Subordination Agreement is a valid, enforceable, and binding obligation executed after obtaining all necessary authority. SUBORDINATOR U.S. Bank, National Association By: Title: ACKNOWLEDGMENT STATE OF COLORADO ) COUNTY OF PITKIN Date The foregoing Subordination Agreement was acknowledged and executed before me this day of , 2018 by U.S. Bank, National Association, acting by and through . Witness my hand and official seal. My commission expires: Notary Public, State of Colorado Address: 2 Page 278 of 338 8-4 New Business Exhibit A A 16' wide trail easement located within parcel #01-001-0178, within the West half of Section 1, T26S, R21E, SLB&M, Grand County, Utah and being more particularly described as: Beginning at a point on the West R-O-W of 100 West Street, said point also being the Northeast corner of grantors parcel, said point being South 2722.0 feet and West 274.3 feet from the North Quarter corner Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian and running thence North 89°28'07" West 19.05 feet; thence North 86°36'29" West 15.49 feet; thence with a curve having a radius of 58.00 feet, to the right with an arc length of 12.32 feet, (a chord bearing of North 80°31'28" West 12.29 feet); thence North 74°26'27" West 40.38 feet; thence with a curve having a radius of 58.00 feet, to the right with an arc length of 11.74 feet, (a chord bearing of North 68°38'34" West 11.72 feet); thence East 55.30 feet; thence with a curve having a radius of 42.00 feet, to the left with an arc length of 7.68 feet, (a chord bearing of South 81°22'15" East 7.67 feet); thence South 86°36'29" East 13.67 feet; thence North 02°11'20" East 1.96 feet; thence North 90°00'00" East 19.93 feet; thence South 00°17'00" West 18.22 feet to the point of beginning. Page 279 of 338 8-4 New Business When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 DEED OF EASEMENT For good and valuable consideration, receipt of which is acknowledged, Rhonda J. Bazil and Thomas J. Todd, whose address is P.O. 4612, Aspen, CO 81612 (Grantors), hereby grant and covey an easement to the City of Moab, a Utah municipality, whose address is 217 East Center Street, Moab Utah 84532 (Grantee), as follows. 1. Conveyance and Purpose. Grantors grant and convey to Grantee a perpetual non- exclusive easement for ingress/egress and the construction, maintenance, and/or improvement of a public trail/sidewalk to be utilized by pedestrians and non -motorized vehicles over and across the real property in the County of Grand, State of Utah, as described in Exhibit A, attached, comprising a portion of Tax Parcel No. 01-001-0178 (the Easement). The Easement is depicted in Exhibit B, attached. Grantors warrant clear and unencumbered title to the Easement, except for and subject to the exceptions to title listed on Exhibit C, attached. 2. Existing Trail. Grantors have conveyed this Easement in order to remove an existing trial on Grantors' property. The existing trail is described in Exhibit D and is located on the south side of Mill Creek. The parties do not agree as to whether the existing trail was constructed with permission from Grantors or their predecessors in title. As part of the consideration for this Easement, Grantee hereby quitclaims, conveys, and releases to the Grantors any interest in the lands described in Exhibit D, except to the extent provided in a Temporary Construction License and Agreement executed in conjunction with this Easement. 3. Nonexclusive Use. Grantors shall retain the use and enjoyment of the Easement, and shall be entitled to utilize same for all purposes which are not inconsistent with the rights accorded to the Grantee and members of the public under this deed. Grantors shall not construct or install any permanent improvements within or upon the Easement, and all such encroaching improvements may be subject to removal by Grantee, without compensation or replacement. 4. Easement in Perpetuity; Abandonment. The Easement shall be binding upon the Grantors, their successors, and assigns, and it shall burden the subject real property of the Grantors in perpetuity, unless abandoned by Grantee upon execution and recording of a written deed of abandonment. I. Page 280 of 338 8-4 New Business 5. Access, Maintenance, and Restoration. Grantee is authorized to enter the Easement from time to time and to utilize vehicles and equipment as necessary for survey, construction, inspection, maintenance, repair, or replacement, or enlargement of any improvements constructed or to be constructed in the future. Grantee shall restore the surface of the Easement to the approximate condition existing prior to disturbance following all construction and maintenance activities. Grantee is authorized to install signage, fencing, landscaping, lighting, benches, paving, drainage structures, or other surface or subsurface improvements which are consistent with the use of a pedestrian pathway. All construction, maintenance, repair, and improvement activities of the Grantee shall be at its sole cost and expense. 6. Non-interference. Grantors shall not interfere with, obstruct, or deny access to Grantee or members of the public who may utilize the Easement. Grantors shall be responsible for all damages accruing to Grantee as a result of any denial of access or damage to any improvements within the Easement caused by Grantors, their agents, or assigns. 6. Future Connections. It is intended that the Easement may be connected to other parcels comprising parts of a public urban trails system. The connection of the Easement to other or adjacent parcels, easements, or public trail systems is within the express purpose of the Easement, as contemplated by Grantors and Grantee. 7. Successors and Assigns. The rights and obligations described in this Easement constitute an encumbrance running with, and binding upon, the subject real property, and this Easement shall be binding upon the parties and their respective successors and assigns. 8. Governing Law. This Easement is governed by Utah law. The exclusive venue for any dispute arising under this Easement shall be the Courts of Grand County, Utah. 9. Remedies; Costs. Depending on the nature of the dispute, this Easement may be enforced in an action for specific performance, damages, or both. In any dispute arising under this Easement the prevailing party shall be entitled to recover its court costs and reasonable attorney fees, in addition to any other relief. Conveyed as of the date of execution by Grantor, below. Grantors: By: Rhonda J. Bazil Date 2 Page 281 of 338 8-4 New Business By: Thomas J. Todd Date ACKNOWLEDGMENT The foregoing Deed of Easement was executed before me this day of , 2018 by Rhonda J. Bazil and Thomas J. Todd, Grantors. Witness my hand and official seal. My commission expires: Notary Public, State of Address: The existing trail described in Exhibit D is conveyed as of the date of execution by Grantee, below. Grantee, City of Moab By: Mayor Emily Niehaus Date Attest: By: Rachel Stenta, Recorder Date ACKNOWLEDGMENT The foregoing Deed of Easement was executed before me this _ day of , 2018 by the Grantee City of Moab, by and through Mayor Emily Niehaus and Recorder Rachel Stenta. Witness my hand and official seal. My commission expires: Attachments: Exhibit A —Description of Easement Exhibit B-Depiction of Easement Exhibit C-Exceptions to Warranty of Title Exhibit D-Quit Claim of Existing Trail Notary Public, State of Utah. Address: -End of Document- 3 Page 282 of 338 8-4 New Business Exhibit A A 16' wide trail easement located within parcel #01-001-0178, within the West half of Section 1, T26S, R21E, SLB&M, Grand County, Utah and being more particularly described as: Beginning at a point on the West R-O-W of 100 West Street, said point also being the Northeast corner of grantors parcel, said point being South 2722.0 feet and West 274.3 feet from the North Quarter corner Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian and running thence North 89°28'07" West 19.05 feet; thence North 86°36'29" West 15.49 feet; thence with a curve having a radius of 58.00 feet, to the right with an arc length of 12.32 feet, (a chord bearing of North 80'31'28" West 12.29 feet); thence North 74°26'27" West 40.38 feet; thence with a curve having a radius of 58.00 feet, to the right with an arc length of 11.74 feet, (a chord bearing of North 68°38'34" West 11.72 feet); thence East 55.30 feet; thence with a curve having a radius of 42.00 feet, to the left with an arc length of 7.68 feet, (a chord bearing of South 81°22'15" East 7.67 feet); thence South 86°36'29" East 13.67 feet; thence North 02°11'20" East 1.96 feet; thence North 90°00'00" East 19.93 feet; thence South 00°17'00" West 18.22 feet to the point of beginning. Page 283 of 338 8-4 New Business ,Ob = „T :31VDS t7 0 -n D ,b0'6T M „LO,SZ.68 N iZ'8T M „0021.00 5 "\ .E'VLZ 153M 1— _ -8'Q'd r ,OEUZZ Hlnos IM881S 'Rai "S9Z.L 'T NO1173S 1i1010] ._ a3lavnb H1aoN J, 8LT0-TOO-T0 IIZVE1'8 0001 ,6ZZ 17 M „8Z,if.08 N7 osssa --Al w p S � .ZE7L11 ZL"IIl] hl.Si.9E.48 N y 4�_,�f .ZLII18f.89 N7 E6'6T aCZ,g� >l N y .tEITY 1Se3 96'1 3 .0Z,i?.70 N 1se3 ,L9'L17— ~ _ 3 .ST,ZZ.T8 S7 ` ,00'ZVI] \ ,89TV \ c9 EI ZZIO-I00-I0 3 .6Z,9f.98 S 'WON)! _ 1r `44. L I 9 1I9IHX3 1N31413SV i OLIO -TOO -TO ul3 SNOW 8-4 New Business Page 284 of 338 Exhibit C 1. General and Real property Taxes for the year 2018 are now accumulating, not yet due. Plus any other Assessments Including but not limited to Special Service Districts and Personal Property Taxes. Claim, right, title or interest to water or water rights whether or not shown by the public records. 2. Said land is located within the boundaries of Grand County/Moab City, and may be subject to taxes or assessments levied by said City or District. 3. Subject to any rights, title or interests in minerals of any kind, together with any associated rights to mine or remove said minerals. 4. Easements and Rights of Ways for roads, ditches, canals, tunnels, fence Ilnes, pipelines and pole lines which may be established on said property, including but not limited to any portion within 100 West Street. 5. Rights associated with the creek bed and any changes in course. 6. Subject to the various easements as disclosed in the Judgment Decree recorded December 12, 2000 in Book 555 at page 466 entry no. 452801. 7. Subject to the ALTA survey prepared by Timothy M. Keogh, RLS #171004, under Project #F.B. #149 dated 05/26/06. 8. A Deed of Trust given to secure a note bearing even date thereof, with Interest thereon, as therein provided: Dated: November 4, 2009 Amount: $536,000.00 Trustor: Thomas J. Todd and Rhonda J. Bazil, husband and wife Turstee: U.S. Bank National Association Beneficiary: U.S. Bank National Association Recorded: November 6, 2009 In Book 754 at Page 313; Entry No. 493296 Page 285 of 338 8-4 New Business EXHIBIT D Description of Existing Trail Beginning at a point South 4°56'34" West 609.36 feet from the City Monument at the intersection of Center Street and 100 West Street in Moab Townsite, said point being South 2824.24 feet and West 270.76 feet from the North Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 0°17'00" West 23.04 feet; thence North 69°36'59" West 13.68 feet; thence North 27°59'11" West 20.24 feet; thence North 56°36'11" West 16.56 feet; thence North 70°24'15" West 24.54 feet; thence North 76°28'45" West 27.56 feet; thence North 80°09'55" West 41.57 feet; thence North 85°06'47" West 35.65 feet; thence North 76°50'31" West 30.59 feet; thence North 71 °28'06" West 36.66 feet; thence North 21.09 feet; thence South 71 °28'06" East 42.43 feet; thence South 76°50'31" East 28.20 feet; thence South 85°06'47" East 35.07 feet; thence South 80°09'55" East 43.08 feet; thence South 76°28'45" East 29.26 feet; thence South 70°24'15" East 28.02 feet; thence South 56°36'11" East 24.08 feet; thence South 27°59'11" East 15.27 feet to the point of beginning. {The Basis of Bearings is North 00°17'00" East along the monumented centerline of 100 West Street) Page 286 of 338 8-4 New Business When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 DEED OF EASEMENT For good and valuable consideration, receipt of which is acknowledged, Val Robb, Chris Robb, and Shawn B. Robb, whose address is P.O. Box 166 Paragonah, UT 84760-0000 (collectively: Grantor), hereby grants and coveys an easement to the City of Moab, a Utah municipality, whose address is 217 East Center Street, Moab Utah 84532 (Grantee), as follows. 1. Conveyance and Purpose. Grantor grants and conveys to Grantee a perpetual non- exclusive easement for ingress/egress and the construction, maintenance, and/or improvement of a public trail/sidewalk to be utilized by pedestrians and non -motorized vehicles over and across the real property in the County of Grand, State of Utah, as described in Exhibit A, attached, comprising a portion of Tax Parcel No. 01-0001-0172 (the Easement). The Easement is depicted in Exhibit B, attached. Grantor warrants clear and unencumbered title to the Easement. 2. Nonexclusive Use. Grantor shall retain the use and enjoyment of the Easement, and shall be entitled to utilize same for all purposes which are not inconsistent with the rights accorded to the Grantee and members of the public under this deed. Grantor shall not construct or install any permanent improvements within or upon the Easement, and all such encroaching improvements may be subject to removal by Grantee, without compensation or replacement. 3. Easement in Perpetuity; Abandonment. The Easement shall be binding upon the Grantor, its successors, and assigns, and it shall burden the subject real property of the Grantor in perpetuity, unless abandoned by Grantee upon execution and recording of a written deed of abandonment. 4. Access, Maintenance, and Restoration. Grantee is authorized to enter the Easement from time to time and to utilize vehicles and equipment as necessary for survey, construction, inspection, maintenance, repair, or replacement, or enlargement of any improvements constructed or to be constructed in the future. Grantee shall restore the surface of the Easement to the approximate condition existing prior to disturbance following all construction and maintenance activities. Grantee is authorized to install signage, fencing, landscaping, lighting, benches, paving, drainage structures, or other surface or subsurface improvements which are consistent with the use of a pedestrian 1 Page 287 of 338 8-4 New Business pathway. All construction, maintenance, repair, and improvement activities of the Grantee shall be at its sole cost and expense. 5. Non-interference. Grantor shall not interfere with, obstruct, or deny access to Grantee or members of the public who may utilize the Easement. Grantor shall be responsible for all damages accruing to Grantee as a result of any denial of access or damage to any improvements within the Easement caused by Grantor, its agents, or assigns. 6. Future Connections. It is intended that the Easement may be connected to other parcels comprising parts of an urban trails system. The connection of the Easement to other or adjacent parcels, easements, or trail systems is within the express purpose of the Easement, as contemplated by Grantor and Grantee. 7. Successors and Assigns. The rights and obligations described in this Easement constitute an encumbrance running with, and binding upon, the subject real property, and this Easement shall be binding upon the parties and their respective successors and assigns. 8. Governing Law. This Easement is governed by Utah law. The exclusive venue for any dispute arising under this Easement shall be the Courts of Grand County, Utah. 9. Remedies; Costs. Depending on the nature of the dispute, this Easement may be enforced in an action for specific performance, damages, or both. In any dispute arising under this Easement the prevailing party shall be entitled to recover its court costs and reasonable attorney fees, in addition to any other relief. Conveyed as of the date of execution by Grantor, below. Grantor: By: Val Robb By: Date Chris Robb Date By: Shawn B. Robb Date 2 Page 288 of 338 8-4 New Business Robb/City of Moab Trail Easement Signature Page ACKNOWLEDGMENT The foregoing Deed of Easement was executed before me this _ day of , 2018 by Val Robb, Chris Robb, and Shawn B. Robb. Witness my hand and official seal. My commission expires: Notary Public, State of Utah. Address: 3 Page 289 of 338 8-4 New Business Exhibit A An access easement for city trail way being more particularly described as: Beginning at point on Grantors northern boundary, said point being North along Center Section line 1946.2 feet and North 89°30'00" West 530.7 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 49°30'33" East 18.46 feet; thence with a curve having a radius of 31.28 feet, to the left with an arc length of 9.39 feet, (a chord bearing of South 58°06'26" East 9.35 feet); thence South 66°42'19" East 25.58 feet to 200 South Street right-of-way; thence along said right-of-way South 02°31'15" East 35.55 feet; thence North 45°24'20" West 44.07 feet; thence with a curve having a radius of 47.28 feet, to the right with an arc length of 14.19 feet, (a chord bearing of North 58°06'26" West 14.14 feet); thence North 49°30'33" West 30.63 feet; thence with a curve having a radius of 19.74 feet, to the left with an arc length of 11.69 feet, (a chord bearing of North 66°28'03" West 11.52 feet); thence North 83°25'32" West 7.10 feet; thence South 88°14'16" East 37.27 feet to the point of beginning. Also: Beginning at point on Grantors northern boundary, said point being North along Center Section line 1946.2 feet and North 89°30'00" West 607.8 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence with a curve having a radius of 15.01 feet, to the left with an arc length of 3.21 feet, (a chord bearing of South 67°46'00" West 3.20 feet); thence South 61°38'57" West 1.52 feet; thence with a curve having a radius of 44.98 feet, to the right with an arc length of 38.36 feet, (a chord bearing of South 86°04'46" West 37.21 feet); thence North 69°29'25" West 5.75 feet; thence with a curve having a radius of 42.09 feet, to the left with an arc length of 15.36 feet, (a chord bearing of North 79°56'34" West 15.27 feet); thence South 89°36'17" West 10.55 feet; thence North 02°18'10" East 2.08 feet; thence South 88°14'49" East 72.34 feet to the point of beginning. Page 290 of 338 8-4 New Business MOAB CITY 01-001-0170 N 89°29'49" W 39.55' L7 Ni CORNER SECTION 1, T26S, R21E, SLB&M N 89°30109" W 530.7' -L10 C6 L9 NEILL BRUCE JOHNSON STEVEN LJOHNSON 01-001-0173 C4 c L TRAIL WAY EASMENT VAL ROBB CHRIS ROBB SHAWN B ROBB 01-001-0172 CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 9.39' 31.29' 19.1071 S 59'22'11" E 9.35' C2 14.19' 47.29' 19.1071 N 59'22' 1 1 " W 14.14' C3 11.69' 19.75' 37.6850 N 67'43'47" W 11.52' C4 3.21' 15.01' 13.5945 S 66'30)49" W 3.20' C5 38.36' 44.98' 54.2895 S 84'49'35" W 37.21' C6 15.36' 42.09' 23.2277 N 81'11'45" W 15.27' a N N LINE BEARING DISTANCE L1 S 50'46'17" E 18.46' L2 S 67'58'04" E 25.58' L3 S 03'47'00" E 35.56' L.4 N 46'40'05" W 44.08' L5 N 50'46' 17" W 30.63' L_6 N 84'41'17" W 7.10' L7 S 89'30'00" E 37.28' L8 S 60'23'46" W 1.52' L9 N 70'44'36" W 5.75' L10 S 88'21'06w W 10.55' Li 1 N 01'03`00" E 2.08' L12 S 89'30'00" E 72.35' (TIE) CITY TRAIL EASEMENT EXHIBIT B 200 SOUTH STREET Si CORNER SECTION 1, T26S, R21E, SLB&M (91\1121ti39 30 SISd9) ,Z'91761 1-112i0N RED DM Lana Surveying 30 South 100 East Moab, UT 84532 435 259.8171 Project 004-17--\ Date 3/21/18 J Sheet 1 of 1 ) Page 291 of 338 8-4 New Business When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 TEMPORARY CONSTRUCTION LICENSE AND AGREEMENT For good and valuable consideration, of the sum of three thousand five hundred dollars ($3,500.00), the receipt of which is acknowledged, Val Robb, Chris Robb, and Shawn B. Robb, whose address is Post Office Box 166 Paragonah, UT 84760 (Grantors) and the City of Moab, a Utah municipality, whose address is 217 East Center Street, Moab Utah 84532 (Grantee), enter into the following temporary construction license and agreement (Agreement). 1. Intent. Grantors have agreed to convey to the Grantee an easement for the construction of a public pedestrian path/trail. It is necessary for the Grantee to gain access to other parts of the Grantors' property on a temporary basis in connection with the installation of trail related improvements. 2. Conveyance and Purpose. Grantors grant and convey to Grantee a temporary construction license (the "Construction License") for ingress/egress and the construction of a public trail and related improvements over and across the lands described in Exhibit A, attached (the "License Area"). The Construction License shall be temporary in duration, for a period of not to exceed two hundred ten (210) calendar days from the date of execution, below, following which the Construction License shall immediately expire. Concurrently, Grantors shall grant a permanent easement across their lands for access to the new trail north of Mill Creek (the Easement), as confirmed by a separate deed. 3. Nonexclusive Use. Grantors shall retain the use and enjoyment of the License Area, and shall be entitled to utilize same for all purposes that are not inconsistent with the rights accorded to the Grantee under this Agreement. 4. Construction. Grantee shall have unimpeded access to the License Area in connection with the installation and construction of all improvements to be constructed for a new pedestrian trail. At the conclusion of the work the Grantee shall remove all trash, debris, and equipment and restore the area, as much as possible, to the condition existing prior to disturbance. 5. Non -Interference. Grantors shall not interfere with, obstruct, or deny access to Grantee, its employees, contractors, or agents who may utilize the License Area. Grantor shall be responsible for all damages accruing to Grantee as a result of any denial of access or 1 Page 292 of 338 8-4 New Business damage to any improvements within the License Area caused by Grantor, its agents, or assigns. 6. Sole and Complete Agreement. This Agreement and the accompanying Deed of Easement are the sole and complete agreements of the parties. This Agreement may shall not be modified, except in a writing executed by all parties. 7. Governing Law. This Agreement is governed by Utah law. The exclusive venue for any dispute arising under this Agreement shall be the Courts of Grand County, Utah. 8. Remedies; Costs. Depending on the nature of the dispute, this Agreement may be enforced in an action for specific performance, damages, or both. In any dispute arising under this Agreement, the prevailing party shall be entitled to recover its court costs and reasonable attorney fees, in addition to any other relief. 9. Notice. Any notice under this Agreement shall be sufficient if sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified in the first paragraph of this Agreement, above. Prior to invoking any remedies under this Agreement, the non -breaching party shall provide written notice to the other party and afford that party a reasonable period of time, but in any event not less than ten (10) calendar days, in which to cure or abate any breaching condition or violation. A cure within that time shall reinstate all rights and obligations under this Agreement. 10. Real Estate Commission. Grantors shall be solely responsible for payment of the real estate commission owing, if any, to their real estate broker. Executed and effective as of the date of execution, below. -Remainder of Page Intentionally Left Blank- 2 Page 293 of 338 8-4 New Business Robb/City of Moab Temporary Construction License And Agreement, Signature Page Grantors: By: Val Robb Date By: Chris Robb Date By: Shawn B. Robb Date ACKNOWLEDGMENT The foregoing Temporary Construction License and Agreement was executed before me this _ day of , 2018 by Grantors Val Robb, Chris Robb, and Shawn B. Robb. Witness my hand and official seal. My commission expires: Grantee: City of Moab By: Notary Public, State of Address: Mayor Emily Niehaus Date Attest: Rachel Stenta, Recorder Date 3 Page 294 of 338 8-4 New Business Exhibit A A temporary access easement for city trail construction being more particularly described as: Beginning at point on Grantors northern boundary, said point being North along Center Section line 1946.2 feet and North 89°30'00" West 530.7 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 84°41'17" East 7.10 feet; thence with a curve having a radius of 19.75 feet, to the right with an arc length of 11.69 feet, (a chord bearing of South 67°43'47" East 11.52 feet);thence South 50°46'17" East 30.63 feet; thence with a curve having a radius of 47.29 feet, to the left with an arc length of 14.19 feet, (a chord bearing of South 59°22'11" East 14.14 feet); thence South 46°40'05" East 44.08 feet; thence North 88°40'08" West 91.92 feet; thence North 39°58'24" West 51.73 feet; thence North 01°07'37" East 20.42 feet; thence South 89°29'49" East 39.04 feet to the point of beginning. Page 295 of 338 8-4 New Business MOAB CITY 01-001-0170 L6 NEILL BRUCE JOHNSON STEVEN LJOHNSON 01-001-0173 �r 91 TEMPORARY CONSTRUCTION EASEMENT LINE BEARING DISTMCE 30.63 L1 S 50'46' 17" E L2 S 45'40'05" E 44.08' L3 N 88'40'08" W 91.92' L4 N 39'58'24" W 51.73' N 01'07'37" E 20.42' _L5 L6 S 89'30'00" E 39.04' L7 S 84'41'17" E 7.10' C2 L3 VAL ROBB CHRIS ROBB SHAWN B ROBB 01-001-0172 Ni CORNER SECTION 1, T26S, R21E, SLB&M N 89°30'04" W 568.0' LENGTH RADIUS DELTA ANGLE CHORD BEARING, CHORD LENGTH ,CURVE.zARC C1 11.69' 19.75' 33'54'59" 5 67'43'47" E 11.52' C2 14.19' 47.29' 17' 11'47" 5 59'22' 1 1 " E 14.14' (TIE) - o, z D O 200 SOUTH 70 v� _ STREET O m up W � m rn D N zl GI Si CORNER -441- SECTION 1, T26S, R21E, SLB&M RED ESE Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 CONSTRUCTION EASEMENT 1 Project 004-17.N EXHIBIT B Date 3/21/18 J Sheet 1 of 1 �' Page 296 of 338 8-4 New Business Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 8-5 Title: AMENDING CHAPTER 13.25 OF THE CITY OF MOAB MUNICIPAL CODE WITH NEW AMOUNTS FOR THE SEWER IMPACT FEE Date Submitted: April 3, 2018 Staff Presenter: Chuck Williams, City Engineer Attachment(s): Proposed Revised Ordinance Options: Approve, deny, or modify. Recommended Motion: I move to adopt the Ordinance #2018-08 Amending Chapter 13.25 of the City of Moab municipal code with new amounts for the sewer impact fee" Background/Summary: Ordinance # 2017-16 was adopted by the City Council April 25th, 2017.The Ordinance established modi ied impact fees for both City and Non -City users of our wastewater distribution and collection system. In implementing the Ordinance, City staff has found that there are a few limitations to the fee structure as it exists that has led to some confusion. Therefore, since the Ordinance has been in effect for a year we would like to suggest a modi ication to the fee structure that will simplify the administration of the fee and we believe make it easier for the public to understand. Speci ically, we would like to add a minimum fee per customer type. This fee is based upon the same technical criteria established in the existing ordinance as required by state law. Furthermore, the Ordinance increases the fee amount from last year for all city customer types by approximately $41/ERU for treatment, and $31 for other agencies. This was done to account for the decrease in the debt service credit associated with the new Water Reclamation Facility bond payments. Page 297 of 338 8-5 New Business Revised Impact Fee Chart - City of Moab Customer Type Units Minimum Fee Allowable Units Under Minimum Fee Fee per Additional Unit Above Minimum Permanent Residential Single Family Residence $1,566 1 Residence $1,566/Residence Multifamily, 2 Bedrooms or Larger Unit $3,132 2 Units $1,566/Unit Multifamily, 1 Bedroom or Smaller Unit $1,754 2 Units $877/Unit Overnight Accommodations Per Unit with Kitchen, 2 Bedrooms or Larger Unit $1,879 1 Unit $1,879/Unit Per Unit with Kitchen, 1 Bedroom or Smaller Unit $1,566 1 Unit $1,566/Unit Hotel/Motel (No Kitchen) Unit $2,452 2 Units $1,226/Unit Other Auto Repair 1,000 ft' $1,768 7,000 ft' $253/1,000 ft2 Bakery 1,000 ft' $1,793 500 ft' $3,585/1,000 ft' Bank 1,000 ft' $1,566 2,000 ft' $783/1,000 ft' Beauty/Barber Shop Chair $1,566 4 Chairs $392/Chair Campground Campsite $2,463 2 Campsites $1,231/Campsite Car Wash - Auto Each $12,575 1 Each $12,575/Each Car Wash - Wand Wand $6,288 1 Wand $6,288/Wand Commercial 1,000 ft' $1,687 7,000 ft2 $241/1,000 ft' Dry Cleaner 1,000 ft' $1,574 2,000 ft' $787/1,000 ft' Fast Food 1,000 ft' $2,825 500 ft2 $5,650/1,000 ft' Gas Station/Convenience Store 1,000 ft' $1,740 4,000 ft2 $435/1,000 ft2 Grocery Store 1,000 ft2 $2,021 4,000 ft' $505/1,000 ft2 _ Laundromat Washer $1,767 2 Washers $884/Washer Office 1,000 ft'_ $1,566 4,000 ft2 $392/1,000 ft2 Restaurant Seat $2,650 12 Seats $221/Seat Retail 1,000 ft2 $1,687 7,000 ft2 $241/1,000 ft2 Schools Students $1,566 15 Students $104/Students Theater Seat $1,620 150 Seats $11/Seat Warehouse 1,000 ft2 $1,649 10,000 ft2 $165/1,000 ft2 Revised Impact Fee Chart - Other Agencies Customer Type Units Minimum Fee Allowable Units Under Minimum Fee Fee per Additional Unit Above Minimum Permanent Residential Single Family _ Residence $1,361 1 Residence $1,361/Residence Multifamily, 2 Bedrooms or Larger Unit $2,721 2 Units $1,361/Unit Multifamily, 1 Bedroom or Smaller Unit $1,524 2 Units $762/Unit Overnight Accommodations Per Unit with Kitchen, 2 Bedrooms or Larger Unit $1,633 1 Unit $1,633/Unit Per Unit with Kitchen, 1 Bedroom or Smaller Unit $1,361 1 Unit $1,361/Unit Hotel/Motel (No Kitchen) Unit $2,130 2 Units $1,065/Unit Other Auto Repair 1,000 ft2 $1,536 7,000 ft2 $219/1,000 ft' Bakery 1,000 ft' $2,190 500 ft2 $4,380/1,000ft' Bank 1,000 ft2 $1,361 2,000 ft2 $680/1,000 ft2 Beauty/Barber Shop Chair $1,361 4 Chairs $340/Chair Campground Campsite_ $2,139 2 Campsites $1,070/Campsite Car Wash - Auto Each $9,510 1 Each $9,510/Each Car Wash - Wand Wand $4,755 1 Wand $4,755/Wand Commercial 1,000 ft' 51,465 7,000 ft' $209/1,000ft2 Dry Cleaner 1,000 ft2 $1,866 3,000 ft' $622/1,000 ft2 Fast Food 1,000 ft' $2,724 500 ft' $5,447/1,000 ft' Gas Station/Convenience Store 1,000 ft' $1,512 4,000 ftZ $378/1,000 ftZ Grocery Store 1,000 ft2 $1,756 4,000 ft' $439/1,000 ft' Laundromat Washer $1,320 2 Washers $660/Washer Office 1,000 ft2 $1,361 4,000 ft' $340/1,000 ft' Restaurant Seat $2,704 12 Seats $225/Seat Retail 1,000 ftZ $1,465 7,000 ft' 1 $209/1,000 ft' Schools Students $1,361 15 Students $91/Students Theater Seat $1,407 150 Seats $9/Seat Warehouse 1,000 ft' $1,432 10,000 ft' $143/1,000 ft' Page 298 of 338 8-5 New Business ORDINANCE #2018-08 AN ORDINANCE AMENDING CHAPTER 13.25 OF THE CITY OF MOAB MUNICIPAL CODE WITH NEW AMOUNTS FOR THE SEWER IMPACT FEE WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 13.25, Water and Sewer Impact Fees, to establish impact fees for new development; and, WHEREAS, the Utah Impact Fees Act mandates that municipalities establish ordinances and procedures for the equitable apportionment of costs for municipal capital improvements; and, WHEREAS, the City of Moab has completed a Sewer Impact Fee Facilities Plan and a Sewer Impact Fee Analysis in accordance with Utah Code Annotated, 11-36a-306(2); and, WHEREAS, the existing fees have been in place for one year and there are adjustments that can be made to clarify and simplify Sewer Impact Fee administration; and, WHEREAS, the City of Moab has determined New Recommended Impact Fees of a different amount than currently in effect; and, WHEREAS, Council reviewed Ordinance #2018-08 in a regularly scheduled meeting held on April 10, 2018, to hear and discuss the merits of the proposed changes to the Code, Chapter 13.25, Water and Sewer Impact Fees; and, WHEREAS, Council, in a duly advertised public hearing held on April 10, 2017, did hear public testimony and determine the merits of the changes to the Code, Chapter 13.25, Water and Sewer Impact Fees; and, WHEREAS, Council found that the changes benefit the residents of Moab. NOW, THEREFORE, the Moab City Council hereby amends specific sections of Chapter 13.25, Water and Sewer Impact Fees, and amends the language as noted below: Chapter 13.25 WATER AND SEWER IMPACT FEES Section 13.25.060: Calculation of Impact Fees A. Sewer impact fees shall be calculated per Equivalent Residential Unit (ERU). 1. Residential sewer impact fees shall be calculated at one thousand five hundred sixty six dollars per Single Family Residence, and other permanent, overnight accommodations calculated per ERU pursuant to the following "Sewer Impact Fee Schedule - City of Moab" table. Page 1 of 3 Page 299 of 338 8-5 New Business 2. Sewer impact fees for business and commercial uses shall be calculated at one thousand five hundred sixty six dollars per ERU pursuant to the following "Sewer Impact Fee Schedule - City of Moab" table. Sewer Impact Fee Schedule - City of Moab Customer Type Units Minimum Fee Allowable Units Under Minimum Fee Fee per Additional Unit Above Minimum Permanent Residential Single Family Residence $1,566 1 Residence $1,566/Residence Multifamily, 2 Bedrooms or Larger Unit $3,132 2 Units $1,566/Unit Multifamily, 1 Bedroom or Smaller Unit $1,754 2 Units $877/Unit Overnight Accommodations Per Unit with Kitchen, 2 Bedrooms or Larger Unit $1,879 1 Unit $1,879/Unit Per Unit with Kitchen, 1 Bedroom or Smaller Unit $1,566 1 Unit $1,566/Unit Hotel/Motel (No Kitchen) Unit $2,452 2 Units $1,226/Unit Other Auto Repair 1,000 ft2 $1,768 7,000 ft2 $253/1,000 ft2 Bakery 1,000 ft2 $1,793 500 ft2 $3,585/1,000 ft2 Bank 1,000 ft2 $1,566 2,000 ft2 $783/1,000 ft2 Beauty/Barber Shop Chair $1,566 4 Chairs $392/Chair Campground Campsite $2,463 2 Campsites $1,231/Campsite Car Wash - Auto Each $12,575 1 Each $12,575/Each Car Wash - Wand Wand $6,288 1 Wand $6,288/Wand Commercial 1,000 ft2 $1,687 7,000 ft2 $241/1,000 ft2 Dry Cleaner 1,000 ft2 $1,574 2,000 ft2 $787/1,000 ft2 Fast Food 1,000 ftZ $2,825 500 ft2 $5,650/1,000 ft2 Gas Station/Convenience Store 1,000 ft2 $1,740 4,000 ft2 $435/1,000 ftZ Grocery Store 1,000 ftZ $2,021 4,000 ft2 $505/1,000 ft2 Laundromat Washer $1,767 2 Washers $884/Washer Office 1,000 ft2 $1,566 4,000 ftZ $392/1,000 ft2 Restaurant Seat $2,650 12 Seats $221/Seat Retail 1,000 ftZ $1,687 7,000 ft2 $241/1,000 ft2 Schools Students $1,566 15 Students $104/Students Theater Seat $1,620 150 Seats $11/Seat Warehouse 1,000 ftZ $1,649 10,000 ftZ $165/1,000 ft2 B. Sewer impact fees for development with the Spanish Valley Water and Sewer Improvement District, the Grand Water and Sewer Service Agency, or any other service agency outside of the City of Moab service area shall be as provided by interlocal agreement by the service agency and the City, and shall be calculated per equivalent residential unit (ERU). 1 Residential sewer impact fees for connections in other service agencies outside the City of Moab service area shall be calculated at one thousand three hundred sixty one dollars per Single Family Residence, and other permanent and overnight accommodations calculated per ERU pursuant to the following "Sewer Impact Fee Schedule - Other Agencies" table. 2. Sewer impact fees for business and commercial uses in other service agencies outside the City of Moab service area shall be calculated at one thousand three hundred sixty one dollars per ERU pursuant to the following "Sewer Impact Fee Schedule - Other Agencies" table. Page 2 of 3 Page 300 of 338 8-5 New Business Sewer Impact Fee Schedule - Other Agencies Customer Type Units Minimum Fee Allowable Units Under Minimum Fee Fee per Additional Unit Above Minimum Permanent Residential Single Family Residence $1,361 1 Residence $1,361/Residence Multifamily, 2 Bedrooms or Larger Unit $2,721 2 Units $1,361/Unit Multifamily, 1 Bedroom or Smaller Unit $1,524 2 Units $762/Unit Overnight Accommodations _ Per Unit with Kitchen, 2 Bedrooms or Larger Unit $1,633 1 Unit $1,6331Unit Per Unit with Kitchen, 1 Bedroom or Smaller Unit $1,361 1 Unit $1,361/Unit Hotel/Motel (No Kitchen) Unit $2,130 2 Units $1,065/Unit Other Auto Repair 1,000 ft2 $1,536 7,000 ft2 $219/1,000 ft2 Bakery 1,000 ft2 $2,190 500 ft2 $4,380/1,000 ft2 Bank 1,000 ft2 $1,361 2,000 ft2 $680/1,000 ft2 Beauty/Barber Shop Chair $1,361 4 Chairs $340IChair Campground Campsite $2,139 2 Campsites $1,070/Campsite Car Wash -Auto Each $9,510 1 Each $9,510/Each Car Wash - Wand Wand $4,755 1 Wand $4,755/Wand Commercial 1,000 ft2 $1,465 7,000 ft2 $209/1,000 ft2 Dry Cleaner 1,000 ft2 $1,866 3,000 ft2 $622/1,000 ft2 Fast Food 1,000 ft2 $2,724 500 ft2 $5,447/1,000 ft2 Gas Station/Convenience Store 1,000 ft2 $1,512 4,000 ft2 $378/1,000 ft2 Grocery Store 1,000 ft2 $1,756 4,000 ft2 $439/1,000 ft2 Laundromat Washer $1,320 2 Washers $660M/asher Office 1,000 ft2 $1,361 4,000 ft2 $340/1,000 ft2 Restaurant Seat $2,704 12 Seats $225/Seat Retail 1,000ft2 $1,465 7,000 ft2 $20911,000ft2 Schools Students $1,361 15 Students _ $91/Students Theater Seat $1,407 150 Seats $9/Seat Warehouse 1,000 ft2 $1,432 10,000 ft2 $143/1,000 ft2 -End of Amendment - Page 3 of 3 Page 301 of 338 8-5 New Business This ordinance is effective upon adoption, and per the Utah Impact Fees Act the new amount of the Sewer Impact Fee will take effect ninety (90) days after this adoption. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of the Moab City Council on April , 2017. SIGNED: Emily S. Niehaus, Mayor ATTEST: Rachel Stenta, Recorder Page 302 of 338 8-5 New Business Moab City Council Agenda Item Meeting Date: April 10, 2018 PL-18-0I7 #: 8-6 Title: Review and Possible Adoption of Ordinance #2018-07 Amending Moab Municipal Code Chapter 13.25.020, Referencing the Collection of Impact Fees for Water and Sanitary Sewer Date Submitted: March 23, 2018 Applicant: City Staff Staff Presenter: Jeff Reinhart, Planning Director and Jennie Ross, Treasurer Attachment(s): Draft Ordinance #2018-07 Options: Approve, approve with conditions, deny with reasons Recommended Motion: I move to adopt Ordinance #2018-07 amending the time for the collection of water and sanitary sewer impact fees at the time of application for a building permit unless otherwise approved. Background/Summary: The current code text requires the collection of impact fees for water and sanitary sewer at the time of Certificate of Occupancy. In past years there have been several times that impact fees have not been paid because there was no one person responsible for ensuring that the fees were paid. Recent changes in how staff handles the development process has reduced the risk of missing these payments but it is staff s recommendation that the fees be paid at the time the building permit fee is paid. The exception to the rule would be if an improvements agreement or other council approved document would state otherwise. Staff feels that the early collection of impact fees will ensure collection. Page 303 of 338 8-6 New Business ORDINANCE #2018-07 AN ORDINANCE TO AMEND MOAB MUNICIPAL CODE SECTION 13.25.020 APPLICABILITY, TIME OF PAYMENT, AND EXEMPTIONS, TO SPECIFY THAT IMPACT FEES FOR SEWER AND WATER SHALL BE COLLECTED AT ISSUANCE OF BUILDING PERMITS The following findings describe the intent and purpose of this ordinance: a. The City has enacted Chapter 13.00, Water and Sewer Impact Fees, to establish the applicability of payment, time of payment, and exemptions from water and sewer impact fees. b. From time to time the City undertakes to revise its ordinances to improve quality of land development and clarify unclear language to remove unsatisfactory processes. c. The City has reviewed the timing for the payment of water and sewer impact fees and determined that payment at the time of issuance of a building permit is more appropriate than at the issuance of the certificate of occupancy. d. The City Council reviewed the code amendments on April 10, 2018, and found that the code amendments are necessary to ensure that impact fees are paid in a timely marmer e. The City finds that this ordinance will serve the public health, safety, and welfare, and that adoption is in the best interests of the Moab community f. Council ordains that Ordinance #2018-07 is hereby adopted and the specified code sections are amended as stated below. Moab Municipal Code Section 13.25.020 Applicability, time of payment, and exemptions. Paragraph A that reads, A. Impact fees shall apply to all new development within the service areas defined by Section 13.25.030 unless expressly exempted by the provisions of this chapter. Impact fees are payable in full upon the following: 1. At the time a certificate of occupancy in the case of new construction, redevelopment, or remodeling for a change in use of structures already connected to municipal water or sewer services; 2. At the time the dwelling or structure is physically connected to municipal water or sewer service in the case of new construction; or 3. As governed by any impact fee agreement duly executed and approved in accordance with the provisions of this chapter; SHALL BE AMENDED TO READ: A. Impact fees shall apply to all new development within the service areas defined by Section 13.25.030 unless expressly exempted by the provisions of this chapter. Impact fees are payable in full upon the following: Page 304 of 338 8-6 New Business 1. At the time a building permit is issued for new construction, redevelopment, or remodeling for a change in use of structures already connected to municipal water or sewer services; or 2. At the time specified by any impact fee agreement or pre -annexation agreement duly executed and approved between the property owner and the City in accordance with the provisions of this Chapter. PASSED AND APPROVED in open Council by a majority vote of the Moab City Council on the day of April , 2018. This ordinance shall take effect immediately upon passage. SIGNED: Emily S. Niehaus, Mayor ATTEST: Rachel Stenta, Recorder Page 305 of 338 8-6 New Business Moab City Council Agenda Item Meeting Date: April io, 2018 # : 8-7 Title: Moab Municipal Code Title 12.8.6o Revisions Date Submitted: April 3, 2018 Staff Presenter: Sommar Johnson Attachment(s): • Proposed text changes - Legislative version • Proposed ordinance Recommended Motion: I move to adopt Ordinance 2018-09, an ordinance amending Moab Municipal Code Title 12.8.60 regarding fees charged in lieu of constructing required improvements in the public right of way. Background/Summary: When a private parcel is improved (i.e. built upon), City code requires that the lot owner install curb, gutter, sidewalks, and paved streets if those are not already present and to code. There is currently a provision that allows the City Council to grant an exception wherein the lot owner pays into a fund in lieu of actual construction if certain criteria are met (primarily that the lineal frontage of the lot exceeds 200 feet). The current amount to be paid is 15o% of the estimated cost of construction of 200 feet of lineal improvements. Staff feel that this is not a workable approach and is proposing that the fee in lieu be changed to no% - accounting for some inflationary costs for construction in the future but not acting as a complete bar to paying into the fund. Additional clean-up/clarifying language changes are included as well. The proposed text amendment is attached both in clean and legislative (strike-through/underline) form. Page 306 of 338 8-7 New Business CITY OF MOAB ORDINANCE NO. 2018-09 An ordinance amending certain provisions in Title 12.8.060 relating to a fee in lieu of actual construction of required improvements under certain conditions The following describe the intent and purpose of this ordinance: a. From time to time the City undertakes to revise its ordinances to remove archaic or outdated language and to bring ordinances into compliance with current City needs and practices; c. The City finds that the provision of Title 12.8.060 of the Moab Municipal Code ("MMC") that articulates a payment option in lieu of construction of required improvements needs updating; d. The cost of improvements plus a reasonable factor for inflation of 10% is a more fair and equitable formula to assess as opposed to 50%; and f. The changes enacted in this ordinance comply with applicable Utah laws pertaining to the alteration or consolidation of statutory functions, and specifically U.C.A. 10-3b-303(1)(b). Now therefore, the Moab Municipal Code is amended to read as follows: 12.08.060 Sidewalks, curbs and gutters required at time of construction. A. Sidewalks, curbs and gutters, and street paving shall be installed along all street frontage of any building lot at the time of construction upon that lot unless an exception is granted by the City Council as established under subsection D of this section. B. The location and specifications for said sidewalks, curbs and gutters, and streets shall be determined by the City Engineer. C. The construction of streets, sidewalks, curbs and gutters will be complete at the time of final inspection by the building inspector unless an exception has been granted by the City Council as established under subsection D of this section. D. In the event that the lot frontage meets all of the following criteria, the City Council may grant an exception where the property owner shall pay a fee in lieu of construction. Those criteria are: 1. The frontage of the lot exceeds two hundred lineal feet; 2. The lot is intended only for a single-family residence; 3. The construction of the street, curb and gutter and sidewalks is inconsistent with the street character; and 4. The exception will not create, extend or perpetuate a half -paved street. The fee in lieu of construction shall be an amount equal to one hundred and ten percent (110%) of the estimated cost of constructing two hundred lineal feet of the required improvements. Those funds shall be submitted by the property owner to the City for deposit into a street fund for future use to develop and repair sidewalks, curbs and gutters, pedestrian trails, and streets within 1 Page 307 of 338 8-7 New Business the City. The City Engineer shall calculate the lineal foot costs for construction of the improvements by consulting licensed contractors in the area. (Ord. 13-19, 2013: Ord. 88-01, 1988) The foregoing ordinance was passed and adopted upon the majority vote of the City Council of the City of Moab, and the affirmative vote of the Mayor of the City of Moab this day of , 2018. This ordinance shall take effect immediately following passage. By: Mayor Emily S. Niehaus Date Attest: By: Rachel Stenta, Recorder Date 2 Page 308 of 338 8-7 New Business 12.08.060 Sidewalks, curbs and gutters required at time of construction. A. Sidewalks, curbs and gutters, and street paving shall be installed along all street frontage of any building lot at the time of construction upon that lot unless an exception is granted by the Ceity Ceouncil as established under subsection (DE) of this section. B. The location and specifications for said sidewalks, curbs and gutters, and streets shall be determined by the public works directorCity Engineer. C. The construction of streets, sidewalks, curbs and gutters will be complete at the time of final inspection by the building inspector unless an exception has been granted by the Ceity Ceouncil as established under subsection D of this section. D. In the event that the lot frontage is excessivemeets all of the following criteria, the Ceity Ceouncil may grant an exception where the property owner shall pay a fee in lieu of construction. Those criteria are: as allowed under the following standards: 1. The frontage of the lot exceeds two hundred lineal feet; 2. The lot is intended only for a single-family residence; 3. Significant topographic, location or other issues exist;_ 34. The construction of the street, curb and gutter and sidewalks is inconsistent with the street plancharacter; and 45. The exception will not create, extend or perpetuate a half -paved street; 6 The fee in lieu of construction shall be aAn amount equal to one and one half times one hundred and ten percent (110%) of the estimated cost of constructing two hundred lineal feet of the required improvements. Those funds shall be submitted by the property owner to the Ceity for deposit into a street fund for future use to develop and repair sidewalks, curbs and gutters, pedestrian trails, and streets within the Ceity. The City Engineer public works director shall calculate the lineal foot costs for construction of the improvements by consulting licensed contractors in the area. (Ord. 13-19, 2013: Ord. 88-01, 1988) 1 \ Formatted: p1, Space After: 0 pt, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Font Alignment: Baseline, Pattern: Clear (White), Tab stops: Not at 0.5" Formatted: Indent: Left: 0.5" Formatted: Font: 12 pt, Font color: Gray-80% Page 309 of 338 8-7 New Business Moab City Council Agenda Item Meeting Date: April 10, 2018 PL-18-a18 #: 9-1 Title: Review and Possible Adoption of Resolution #21-2018 Approving the Nelson Boundary Line Adjustment for Property Located at 580 Locust Lane in the R-2 Zone Date Submitted: March 16, 2018 Applicant: City Staff Staff Presenter: Jeff Reinhart, Planning Director Attachment(s): Draft Resolution #21-2018, Final Plat Options: Approve, approve with conditions, deny with reasons Recommended Motion: I move to adopt Resolution #21-2018 approving the Nelson Boundary Line Adjustment. Background/Summary: The property owned by Mr. Nelson is two lots with a total area of 16,400 square feet (.38 acre). Currently, the existing home spans the lot line and the adjustment will cure this complication. The requested boundary line adjustment will realign the lots into Lot 51 with 8,628 square feet, and Lot 52- a flag lot- with an area of 7,772 square feet. Both lots meet the minimum R-21ot size of 5,000 square feet and Lot 51 satisfies the dimensions for a flag lot. This request complies with Utah Code Chapter 10-9a-608(2) that allows 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...." The request does not vacate or amend a public street, right-of-way, or easement and this request meets the applicable lot dimensional requirements of the Moab Municipal Code. Page 310 of 338 9-1 Consent Agenda RESOLUTION #21-2018 A RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT FOR LOTS 51 AND 52 OF THE BOWEN PLAT, NICHOLS-BOWEN SUBDIVISION AS SUBMITTED BY BUSTER J. NELSON WHEREAS, Mr. Buster J. Nelson, 1732 Dovetail Drive, Fort Pierce, Florida 34982, as "Owner" of Lots 51 and 52, of the Bowen Plat of Nichols -Bowen Subdivision (580 locust lane) has applied for a lot line adjustment between the two lots; and WHEREAS, the properties are located in the R-2, single-family and two-family Residential Zone; and WHEREAS, the Owner submitted to the City of Moab the appropriate application and documents for review and approval of the proposed lot line adjustment; and WHEREAS, Lot 51 will be comprised of 8,628 square feet (.20 acre) and be reshaped into a flag lot and Lot 52 will consist of 7,772 square feet (.18 acre); and WHEREAS, the proposed lot dimensions satisfy the minimum lot area of 5,000 square feet for the R-2 Zone; and WHEREAS, Lot 51 satisfies the definition of "flag -shaped or panhandle lots" in Moab Municipal Code Chapter 17.06.020, as follows: "Flag -shaped or panhandle -shaped lots" may be created in a residential zone if all of the following requirements are met: 1. The lot has at least twenty feet of frontage on a dedicated public street, which frontage serves as access only to the subject lot or parcel; 2. The handle portion of the lot is at least twenty feet in width, and not more than one hundred fifty feet in length; 3. That the body of the lot meets the lot area and lot width requirements of the applicable zones. WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on April 10, 2018, 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: "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..." WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical aspects of the pertinent code sections, and pursuant to Council Resolution #21-2018, the City Council hereby finds, that the code requirements have been met. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL THAT, the application for the lot line adjustment for Lots 51 and 52 of the Bowen Plat of the Nichols- Bowen Subdivision, is hereby approved. ADOPTED AND APPROVED by action of the Moab City Council in open session this 10th day of April, 2018. ATTEST: Rachel Stenta Emily S. Niehaus Moab City Recorder Mayor Page 311 of 338 9-1 Consent Agenda .": t iviroi.di • rI u7 lsnoo7 089 • pua13a1 11._.1.0. • + . 1. `++y 4 -__ �'i. 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Fee - $100.00 plus $25.00 per amended lot or unit. Receipt No. PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) 3/A Applicant: g_ASAcr---3-- 1'1��\�C�S� Phone' 11-a- Lj'-t 5- Fs Lk/ -1r IL/VY 1�'13a N poveA-0,st \ CJr Mailing Address: pi- pve.t-ce� Fl_ "1-tgSCA. E-mail: 1\telscAmuslitc cornCiAsk. r1e* Size of Properties: See_ CA�e ''FOVN\ Location of Affected Properties: 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. 'RECEIVE MAR 1 6 2018 Page 315 of 338 PE i I I ION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 OWNERS: f)),As.ev-- rle.la3/oG/►P--°X () CADA% State of ��j,, County of."7-7 On the 9 _ day of Date personally appeared before me X4/$-(5), (name of owner(s)) , who duly acknowledged to me that they executed the same. My Commission Expires: OWNERS: 1 v Notary Public J9%6‘ Residing in SfGueil Cz)/ Date Date 5A*x.g, Catherine Ann Weinman NOTARY PUBLIC gi STATE OF FLORIDA Comm# FF145934 Expires 8/23/2018 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: p:\planning department\iarms\misc. applications\petition to amend a subdivision plat.doc Notary Public Residing in v 0 U Page 316 of 338 o V-1 S 1-�� \ RECEIVED 16 2018 MAR DY: -1, er`cl --- -- - - -- Mcre. Cm-C, , Se les-0 \ \C'eGS k.A.)ouk & t k ems. *0 armed 'T1-.-e. -c.r-s.st rvas or 4 t S kill • V\o4 o Wry yak 1, okr. s ►v .cce ‘S ukp M� r .1ko�.b A-kc..t. \ 0 1 <13 cx�► sek-, \N \04re_, 4-ve5 -k'O AAN,e__ s\i,,, c,\noose_ rmta fo corme. ‘zto.c.V... 40 11\id O--\t i - k\a_ve = 'fk-Lk\--0-P—Vo-rit +kkr<kC a.) Vvov AT::c V - ©Ir1 vvOuLl ictie C k 40 Ic -k-Ve.r t-t+ vk or s-e.\` 0 li-v. rc o { _ "► -r.�. ► 4r ctrr. � GS�p s,G ever' ko-tee. 440 N.c.A.ppeic. c1/43 o'tkk ia-Ve. ?vcceS o4c pt opec--k TV.: `► . .I, S\-‘0u..kA v-ve.r 1_04,‘.6 w 0.1 --ic No cue-u-ti � tA.) auk VvrIsit. c:),_ vo -e-f ovtrol hs uL_CL or.-\`r w v-vv, s.cz. P1/4A 4-\•0.,#- %e,c,v\so,_ < - `fie zo r ar-. r-e_ on t s� w�rosk-k V O�-e, o ,r-o r t`c�_ c`i.:-\-- `ls-V15, ,.\---txx-NR___. Pa_ wilt: .1 A! t2 9-1 Consent Agenda Moab City Council Agenda Item Meeting Date: April 10, 2018 #: 9-2 Title: Award of the Water Meter Replacement Bid for 2017/2018 Date Submitted: April 2, 2018 Staff Presenter: Levi Jones - Water Superintendent Attachment(s): Submitted Bids Bid Spec Sheet Options: Approve, deny, or modify. Recommended Motion: Background/Summary: On March 22, 2018 the City conducted a bid opening for the Water Meter Replacement project that included several different sized meters and meter modules. The money for this project was approved in the 2017/2018 budget and will cover the cost of the new meters. Meterworks Inc. of Centerville, UT and Riverside Plumbing of Moab, UT were the two bids received by the Public Works Department. Both companies submitted bids according to size as we requested. Meterworks individual meters bid $3573.70 and Riverside Plumbing individual meters bid came in at $4313.05 It is my recommendation that we accept the bid from Meterworks Inc. to purchase the budgeted $70,000 meters for 2017/2018. Meterworks Inc. $3573.70 Riverside Plumbing $4313.05 Page 318 of 338 9-2 Consent Agenda 2018 Water Meter Bid 3/22/2018 1 A4 5\ (Ill � �� }1 Y �9 ' �� N, Amount 2 4\1\I V'e(1(-7. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Present at Bid Opening: Name; LEJ\ vIR��Ta3 -\-\ (Kg_ Qrn+e HU\c c Page 319 of 338 9-2 Consent Agenda KEN HEFFIELD MOAB CITY BID SPEC SHEET CITY OF MOAB CITY RECORDER'S OFFICE 217 EAST CENTER STREET MOAB, UT 84532 MOAB CITY WATER DEPARTMENT NEPTUNE ARB METERS AND RADIO TRANSMITTERS ***DEADLINE FOR ALL BIDS IS 2:00 PM THURSDAY, MARCH 22, 2018*** ALL BIDS MUST BE TURNED INTO MOAB CITY OFFICES ON THIS BID SHEET. Neptune ARB meters with pit receptacle compatible with the Advance Meter Reading System, 75 5/8" X 3/ " Meters T-10 Pro Read with R-9001 Pit Radio Transmitter $ 241.80 Per Meter 250 3I4" R-900i Pit Radio Transmitter $ 208.00 Per Unit 3 2"MeterT-10 Pro Read with R- 9001Pit Radio Transmitter 8 711.10 Per Meter 1 3" Compound Meter Integrated Pit Gallons Enhanced R9001 w120' Antenna $ 2,412.80 Per Meter M ETERWORKS NIEFMLINIE it{.:.{ir{. {.}0 .•.{ METERW*RKS nr.I,Tt LIT 347 ] 4 nD .241:•-100 , uo -:;suu•GC+S2 Page 320 of 338 9-2 Consent Agenda MOAB CITY BID SPEC SHEET CITY OF MOAB CITY RECORDER'S OFFICE 217 EAST CENTER STREET MOAB, UT 84532 MOAB CITY WATER DEPARTMENT NEPTUNE ARB METERS AND RADIO TRANSMITTERS 'DEADLINE FOR ALL BIDS IS 2:00 PM THURSDAY, MARCH 22, 2018' ALL BIDS MUST BE TURNED INTO MOAB CITY OFFICES ON THIS BID SHEET. Neptune ARB meters with pit receptacle compatible with the Advance Meter Reading System. 75 518" X'/4 " Meters T-10 Pro Read with R-900i Pit Radio Transmitter $ 3 0 6.3 0 Per Meter 250 3/4" R-9001 Pit Radio Transmitter $ 263.50 Per Unit 3 2"MeterT 10 Pro Read with R- 900iPit Radio Transmitter $ 885.00 Per Meter 1 3" Compound Meter Integrated Pit Gallons Enhanced R900i w120' Antenna $ 2 8 5 8. 2 5 Per Meter 4 Week Lead Time on Delivery. Riverside Plumbing 366 N. 500 W. Moab, Utah 84532 435-259--8324 contact: Cynthia Hirschfeld Page 321 of 338 9-2 Consent Agenda CITY OF MOAB INVITATION TO BID Neptune ARB Meters The City of Moab is now accepting sealed bids for Neptune ARB Meters for the Water Department. Bid specs are available online at: www.moabcity.org or may be picked up at the Recorder's Office at the Moab City Offices, 217 East Center Street, Moab, Utah 84532, All sealed bids must be turned in to the City of Moab Recorder's Office by 2:00 p.m. on Thursday, March 22, 2018 at 217 East Center Street, Moab, Utah 84532. Bids must be turned in on City of Moab's spec sheet. The City of Moab reserves the right to reject any and all bids; or waive any informality or technicality in any bid. For further information, please contact the Recorder's Office at (435) 259-5121 or visit our website at www.moabcity.org. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent March 8 and 1S, 2018. 2 Page 322 of 338 9-2 Consent Agenda CITY OF MOAB UTAH INVITATION FOR BIDS 2oi8 WATER METERS Responses due on Thursday March 22, 2018 by 2:00 p.m. Page 323 of 338 l 9-2 Consent Agenda MOAB CITY BID SPEC SHEET CITY OF MOAB CITY RECORDER'S OFFICE 217 EAST CENTER STREET MOAB, UT 84532 MOAB CITY WATER DEPARTMENT NEPTUNE ARB METERS AND RADIO TRANSMITTERS ***DEADLINE FOR ALL BIDS IS 2:00 PM THURSDAY, MARCH 22, 2018*** ALL BIDS MUST BE TURNED INTO MOAB CITY OFFICES ON THIS BID SHEET. Neptune ARB meters with pit receptacle compatible with the Advance Meter Reading System. 75 518" X'/ ° Meters T-10 Pro Read with R-900i Pit Radio Transmitter Per Meter 250 314" R-9001 Pit Radio Transmitter Per Unit 3 2"MeterT-10 Pro Read with R- 900iPit Radio Transmitter Per Meter 1 3" Compound Meter Integrated Pit Gallons Enhanced R900i w120' Antenna Per Meter Page 324 of 338 9-2 Consent Agenda COLD WATER METERS / DISPLACEMENT TYPE MAGNETIC DRIVE 5/8"-2" SPECIFICATIONS GENERAL All cold water meters (displacement type - magnetic drive 5/8" - 2") furnished shall be produced from an ISO 9001 manufacturing facility and conform to the "Standard Specifications for Cold Water Meters" C700 latest revision issued by AWWA or as otherwise stated. LEAD FREE LEGISLATION Federal changes are on the horizon governing the acceptable amount of lead in the drinking water system. Knowing that water meters have a life expectancy of approximately 20 years, the Utility wishes to ensure that meters purchased today will meet the Safe Drinking Water Act (SDWA) per NSF 372 that will become effective in January 2014 for the following reasons: • The Utility wishes to assure the safety of its drinking water. • The Utility wishes to safeguard its investment in metering infrastructure. o As of January 4, 2014 meter inventory that does not meet the SDWA (NSF 372) lead free requirements will have to be returned to the manufacturer or scrapped at a cost that the Utility is not willing to incur. o After January 4, 2014, any meters not in compliance with these requirements that are physically removed from service for testing or repair, cannot be re- installed and will have to be scrapped at a cost that the Utility is not willing to incur. As a result, the Utility requires that all water meters submitted in this proposal be compliant with NSF/ANSI 61, Annex G and Annex F. Specifically: • Meters shall be made of "lead free" alloy as defined by NSF/ANSI 61, Annex G and Annex F. • Manufacturer shall provide a copy of a letter from the NSF on NSF letterhead documenting compliance with NSF/ANSI 61, Annex G which allows a maximum weighted average lead content level of 0.25% of the wetted surface area. • Manufacturer shall provide a copy of a letter from the NSF on NSF letterhead documenting compliance with NSF/ANSI 61, Annex F which requires leaching of less than 5 pg/L in tests performed per the NSF/ANSI 61 test methodology for water with pH of S and pH of 10. • Manufacturer will provide documentation that its US -based foundry uses only lead free materials in the manufacture of its water meters. This documentation shall be signed by an authorized officer of the company. 4 Page 325 of 338 9-2 Consent Agenda TYPE Only magnetic -driven, positive displacement meters of the flat nutating disc type will be accepted because of enhanced low flow accuracy performance. SIZE, CAPACITY, LENGTH The size, capacity, and meter lengths shall be as specified in AWWA Standard C700 (latest revision). The maximum number of disc nutations is not to exceed those specified in AWWA C700 latest revision. The meter maincase and cover shall be cast from NSF/ANSI 61, Annex G and Annex F certified lead free alloy containing a minimum of 85% copper. The serial number should be stamped between the inlet or outlet port of the maincase and the register. Maincase markings shall be cast raised and shall indicate size, model, direction of flow, and NSF 61 certification. Plastic maincases are not acceptable. Maincases for 5/8" and 3/4"meters shall be of the removable bottom cap type with the bottom cap secured by four (4) bolts on 5/8" and 3/4" sizes. Intermediate meter maincases shall also be made of the same lead free brass material in size 2" with a cover secured to the maincase with eight (8) bolts. Meters with a frost plug, a screw -on design or no bottom cap shall not be accepted in 5/8" size. The 5/8" meters shall have a synthetic polymer or cast iron bottom cap option. All lead free maincases shall be guaranteed free from manufacturing defects in workmanship and material for the life of the meter. All meters must be adaptable to a field programmable absolute encoder register without interruption of the customer's service. BOLTS All maincase bolts shall be of 300 series non-magnetic stainless steel to prevent corrosion. DIRECT READ STANDARD REGISTER The register shall be of the straight reading sealed magnetic drive type and shall contain six (6) numeral wheels. Registers must be roll sealed and dry. All direct reading register cups shall be copper to prevent corrosion and be covered with a high strength, impact resistant flat glass lens to prevent breakage. The lens shall be positioned above the register box to allow for run off of debris. The register lid shall overlap the register box to protect the lens. The register retaining ring shall be designed to absorb impact from the register. Register boxes and lids shall be of high -strength synthetic polymer or approved equivalent. All registers shall have the size, model and date of manufacture stamped on the dial face. The dial shall have a red center sweep hand and shall contain one hundred (100) equally divided graduations at its periphery. The register must contain a low flow indicator with a 1:1 ratio to disc nutations to provide leak detection. Registers shall be secured to the maincase by means of a plastic tamper -proof seal to S Page 326 of 338 9-2 Consent Agenda allow for inline service replacement. Register seal screws are only accepted when supplied with attached sealing wire to at least one bottom cap bolt with seal wire holes of not less than 3/32" in diameter. Registers shall be guaranteed for at least ten (10) years. All meters will be guaranteed for one year on material and workmanship. MEASURING CHAMBER The measuring chamber shall be of a two-piece snap -joint type with no fasteners allowed. The chamber shall be made of a non -hydrolyzing synthetic polymer. The control block shall be the same material as the measuring chamber and be located on the top of the chamber. The control block shall be located after the strainer. The measuring chamber outlet port shall be sealed to the maincase outlet port by means of an "0" ring gasket. The flat nutating disc shall be a single piece made from non -hydrolyzing synthetic polymer and shall contain a type 316 stainless steel spindle. The nutating disc shall be equipped with a synthetic polymer thrust roller located within the disc slot. The thrust roller head shall roll on the buttressed track provided by the diaphragm. The chamber shall be warranted for ten (10) years against freeze damage if the meter has been equipped with a frost proof cast iron or synthetic polymer bottom cap. STRAINERS All meters shall contain a removable polypropylene plastic strainer screen. The strainer shall be located near the maincase inlet port, before the measuring chamber. The strainer shall also function as the device that holds the measuring chamber in place within the maincase. Straps or other types of fasteners shall not be accepted. PERFORMANCE To ensure accuracy, each meter must be accompanied by a factory test tag certifying the accuracy at the flows required by AWWA C700. All meters shall be warranted as follows: Size Low Flow Low Flow New Meter Accuracy Low Flow Repaired Meter Accuracy 5/8" 1/8 gpm @ 95% 5 Yrs or 500,000 gallons 15 Yrs or 1,500,000 gallons 3/4" 1/4 gpm @ 95% 5 Yrs or 750,000 gallons 15 Yrs 2,250,000 gallons 1" 3/8 gpm @ 95% 5 Yrs or 1,000,000 gallons 15 Yrs or 3,000,000 gallons 1-1/2" 3/4 gpm @ 95% 2 Yrs or 1,600,000 gallons 12 Yrs or 5,000,000 gallons 2" 1 gpm @ 95% 2 Yrs or 2,700,000 gallons 12 Yrs or 8,000,000 gallons 6 Page 327 of 338 9-2 Consent Agenda Normal meter operating range shall be as follows: Size Accuracy Range ± 1.5 5/8" 1/2 - 20 gpm 3/4" 3/4 - 30 gpm 1" 1-50gpm 1-1/2" 2 - 100 gpm 2" 2-1/2 -150 gpm MANUFACTURER Meters and meter parts shall be manufactured, assembled, and tested within the United States. Manufacturers may be required to provide proof of where and of what percentage of the meter register, chamber, and maincase is manufactured in the United States. Manufacturers shall have a minimum of fifteen (15) years of field and production experience with all sizes and models quoted. Manufacturers shall provide only one model of meter which complies with these specifications. Suppliers must have been manufacturing meters for at least one hundred (100) years. SYSTEMS GUARANTEE All meters shall be guaranteed upgradeable to the following Neptune systems without interruption of the customer's service. ProRead"' (ARB" VI) AutoDetect Absolute Encoder E-Coder4 (ARB VII ) Solid State Absolute Encoder R900" FLOSEARCH" II TRICON/E"3 TRICON" REMOTE CAPABILITY OPTIONS All meters shall be equipped with encoder remote registers per AWWA C707 and meet all AWWA C700 performance standards. Acceptable meters shall be Neptune T-10 or approved equal. COLD WATER METERS/COMPOUND TYPE SPECIFICATIONS SPECIFICATIONS GENERAL All meters furnished shall be manufactured by a registered ISO 9001 quality standard 7 Page 328 of 338 9-2 Consent Agenda facility. Acceptable meters shall have a minimum of fifteen (15) years of successful field use. All specifications meet or exceed the latest revision of AW WA C702. LEAD FREE LEGISLATION Federal changes are on the horizon governing the acceptable amount of lead in the drinking water system. Knowing that water meters have a life expectancy of approximately 20 years, the Utility wishes to ensure that meters purchased today will meet the Safe Drinking Water Act (SDWA) per NSF 372 that will become effective in January 2014 for the following reasons: • The Utility wishes to assure the safety of its drinking water. • The Utility wishes to safeguard its investment in metering infrastructure. o As of January 4, 2014 meter inventory that does not meet the SDWA (NSF 372) lead free requirements will have to be returned to the manufacturer or scrapped at a cost that the Utility is not willing to incur. o After January 4, 2014, any meters not in compliance with these requirements that are physically removed from service for testing or repair, cannot be re- installed and will have to be scrapped at a cost that the Utility is not willing to incur. As a result, the Utility requires that all water meters submitted in this proposal be compliant with NSF/ANSI 61, Annex G and Annex F. Specifically: • Meters shall be made of "lead free" alloy as defined by NSF/ANSI 61, Annex G and Annex F. • Manufacturer shall provide a copy of a letter from the NSF on NSF letterhead documenting compliance with NSF/ANSI 61, Annex G which allows a maximum weighted average lead content level of 0.25% of the wetted surface area. • Manufacturer shall provide a copy of a letter from the NSF on NSF letterhead documenting compliance with NSF/ANSI 61, Annex F which requires leaching of less than 5 pg/L in tests performed per the NSF/ANSI 61 test methodology for water with pH of 5 and pH of 10. • Manufacturer will provide documentation that its US -based foundry uses only lead free materials in the manufacture of its water meters. This documentation shall be signed by an authorized officer of the company. TYPE Compound meters shall consist of a combination of an AWWA Class II turbine meter for measuring high rates of flow and a nutating disc type positive displacement meter for measuring low rates of flow enclosed in a single maincase. An automatic valve shall direct flows through the disc meter at low flow rates and through the turbine meter at high flow rates. At high flow rates, the automatic valve shall also serve to restrict the flow through the disc meter to minimize wear. OPERATING CHARACTERISTICS The meters shall comply with the operating characteristics shown below: S Page 329 of 338 9-2 Consent Agenda Size Normal Operating Range (gpm) Maximum Continuous Flow (gpm) Maximum Loss of Mead at Max Cont Flow (psi) Maximum Intermittent Flow (gpm) Low Flow (gpm) 2" 1/2 - 200 160 8 200 1/8 3" 1/2 - 450 350 8 450 1/8 4" 1-1000 700 8 1000 6" 11/2 - 2000 1400 8.5 2000 6" x 8" 1 1/2 - 2000 2000 10.5 2000 SIZE The size of meters shall be determined by the nominal size (in inches) of the opening in the inlet and outlet flanges. Overall lengths of the meters shall be as follows: Meter Size Laying Length 2" 15 1/4" 3„ 17„ 4" 20" 6" 24" 6" x 8" 55 3/8" CASE AND COVER The maincase and cover shall be cast from an NSF/ANSI 61, Annex G and Annex F certified lead free high copper alloy containing a minimum of 85% copper. The size, model, NSF certification and arrows indicating direction of flow shall be cast in raised characters on the maincase or cover. The covers all contain a stainless steel calibration vane for the purpose of calibrating the turbine measuring element while the meter is inline and under pressure. A test plug shall be located in the maincase or the cover for the purpose of field testing of the meter. EXTERNAL BOLTS Casing bolts shall be made of AISI Type 316 stainless steel. CONNECTIONS Maincases shall be flanged. The 2" meters shall be oval flanged and 3" size shall be round flanged per Table 4, AWWA C702. REGISTERS Separate magnetic -drive registers shall record the flow of the turbine and disc meters and their total will be the registration of the compound meter. The registers shall be permanently roll -sealed, straight reading indicating in cubic feet, gallons, or cubic meters. Registers shall include a center -sweep test hand, a low flow indicator, and a glass lens. The registers shall be serviceable without interruption of the meter's operation. Registers shall be guaranteed for at least ten (10) years. 9 Page 330 of 338 9-2 Consent Agenda COLD WATER METERS/1-1/2" - 10" CLASS II TURBINE TYPE SPECIFICATIONS GENERAL All meters furnished shall be manufactured by a registered 150 9001 quality standard facility. Acceptable meters shall have a minimum of fifteen (15) years of successful field use. All specifications meet or exceed the latest revision of AWWA C701. LEAD FREE LEGISLATION Federal changes are on the horizon governing the acceptable amount of lead in the drinking water system. Knowing that water meters have a life expectancy of approximately 20 years, the Utility wishes to ensure that meters purchased today will meet the Safe Drinking Water Act (SDWA) per NSF 372 that will become effective in January 2014 for the following reasons: • The Utility wishes to assure the safety of its drinking water. • The Utility wishes to safeguard its investment in metering infrastructure. o As of January 4, 2014 meter inventory that does not meet the SDWA (NSF 372) lead free requirements will have to be returned to the manufacturer or scrapped at a cost that the Utility is not willing to incur. o After January 4, 2014, any meters not in compliance with these requirements that are physically removed from service for testing or repair, cannot be re -installed and will have to be scrapped at a cost that the Utility is not willing to incur. As a result, the Utility requires that all water meters submitted in this proposal be compliant with NSF/ANSI 61 Annex G and Annex F. Specifically: • Meters shall be made of "lead free" alloy as defined by N5F/ANSI 61, Annex G and Annex F. • Manufacturer shall provide a copy of a letter from the NSF on NSF letterhead documenting compliance with NSF/ANSI 61, Annex G which allows a maximum weighted average lead content level of 0.25% of the wetted surface area. • Manufacturer shall provide a copy of a letter from the NSF on NSF letterhead documenting compliance with NSF/ANSI 61, Annex F which requires leaching of less than 5 µg/L in tests performed per the NSF/ANSI 61 test methodology for water with pH of 5 and pH of 10. • Manufacturer will provide documentation that its US -based foundry uses only lead free materials in the manufacture of its water meters. This documentation shall be signed by an authorized officer of the company. TYPE Meters shall be of the inline horizontal -axis type per AWWA Class 11. CAPACITY The capacity of the meters in terms of normal operating range, maximum continuous flow, maximum loss of head, and maximum intermittent flow shall be as shown below: 10 Page 331 of 338 9-2 Consent Agenda Size Normal Operating Range (gpm) Maximum Continuous Flow (gpm) Maximum Loss of Head at Max Cont Flow (psi) Maximum Intermittent Flow (gpm) 1 1/2" 4 -160 160 4 200 2" 4 - 200 200 4.5 250 3" 5 - 450 450 5 560 4" 10 -1200 1200 5.5 1500 6" 20 - 2500 2500 5 3100 8" 35 - 4000 4000 5 5000 10" 50 - 6500 6500 3.5 8000 SIZE The size of the meters shall be determined by the nominal size (in inches) of the opening in the inlet and outlet flanges. Overall lengths of the meters shall be as follows: Meter Size Laying Length Meter/Strainer Combined Length 1 1/2" 10" (13" w/test spool) — 2" 10" 17" 3" 12" 18" 4" 14" 21 1/2" 6" 18" 27" 8„ 20„ 30„ 10" 26" 41" CASE AND COVER The maincase and cover shall be cast from NSF/ANSI 61, Annex G and Annex F certified lead free alloy containing a minimum of 85% copper. The size, model, NSF 61 certification and arrows indicating direction of flow shall be cast in raised characters on the maincase or cover. The cover shall contain a calibration vane for the purpose of calibrating the turbine measuring element while the meter is in -line and under pressure. The calibration vane shall be mounted under the register or shall be covered by a protective cap that is attached in a tamper -resistant device. EXTERNAL BOLTS Casing bolts shall be made of AI51 Type 316 stainless steel. CONNECTIONS Maincases shall be flanged. 2" sizes shall be oval flanged and 3" sizes shall be round flanged per Table 3, AWWAC701. REGISTERS Registers shall be permanently rolled -sealed, straight reading, indicating in cubic feet, gallons, or cubic meters. Registers shall include a center -sweep test hand, a low flow indicator and a glass lens. Registers shall be Serviceable without interruption of the meter's operation. Registers shall be guaranteed for at least ten (10) years. REGISTER BOX Register boxes and covers shall be of bronze composition. The name of the manufacturer and the meter serial number shall be clearly identifiable and located on the register box cover. REGISTER BOX SEALING 1I Page 332 of 338 9-2 Consent Agenda The register box shall be affixed to the top cover by means of a plastic tamperproof seal pin that must be destroyed in order to remove the register. METER SERIAL NUMBER The meter serial number shall be imprinted on the meter maincase or cover as well as the register box cover. MEASURING CHAMBER The turbine measuring chamber shall be a self-contained unit attached to the cover for easy removal. The turbine spindles shall be stainless steel; turbine shafts shall be tungsten carbide. UNITIZED MEASURING ELEMENT A UME is a complete assembly, factory calibrated to AWWA standards that includes the cover, registers, and both a turbine measuring element assembly. It shall be easily field removable from the meter body without the requirement of unbolting flanges. INTERMEDIATE GEAR TRAIN The intermediate gear train shall be directly coupled to the turbine rotor and magnetically coupled to the register through the meter cover. All moving parts of the gear train shall be made of a self-lubricating polymer or stainless steel for operation in water. REGISTRATION ACCURACY Registration accuracy over the normal operating range shall be 98,5% to 101.5%. REMOTE CAPABILITY OPTIONS All meters shall be equipped with encoder remote registers per AWWA C707 and meet all AWWA C701 performance standards. Acceptable meters shall be Neptune HP Turbine or approved equal. SOLID STATE ABSOLUTE ENCODER SPECIFICATIONS SPECIFICATIONS It is the preference of the utility to obtain an advanced encoder -based remote metering system capable of providing electronically encoded meter information as described in the enclosed specification. Specifications for the required cold water meters can be found in the enclosed documentation. Bids should be submitted with detailed information of the features and benefits to the utility to adequately evaluate the proposed system. Proposals without adequate information may not be considered. DESCRIPTION -- GENERAL Integrated Unit— Pit Set ■ The MIU shall be sealed in a roll -sealed copper can and glass lens to allow for submersion in a flooded pit environment. ■ For pit or vault applications, the MIU shall be designed with an internal antenna. 12 Page 333 of 338 9-2 Consent Agenda " T h e d e v i c e s h a l l p r o v i d e a l o c a t i o n f o r a t a m p e r - d e t e r r e n t s e a l . T a m p e r i n g w i t h t h e d e v i c e f u n c t i o n s o r c o n n e c t i o n s s h a l l n o t b e p o s s i b l e w i t h o u t c a u s i n g v i s i b l e d a m a g e t o t h e d e v i c e e x t e r i o r o r t o t h e s e a l . �% T h e d e v i c e s h a l l b e c a p a b l e o f o p e r a t i n g a t t e m p e r a t u r e s o f - 2 2 � F t o + 1 4 9 7 ( - 3 0 � C t o + 6 5 � C ) a n d o p e r a t i n g h u m i d i t y f a c t o r o f 0 t o 1 0 0 % c o n d e n s i n g . �% T h e r a d i o c i r c u i t b o a r d a n d b a t t e r y w i l l b e p r o t e c t e d b y a h a r d p o t t i n g m a t e r i a l . �% T h e d e v i c e s h a l l b e d e s i g n e d f o r a n o p t i o n a l r e m o t e a n t e n n a c a p a b l e o f b e i n g i n s t a l l e d t h r o u g h t h e i n d u s t r y s t a n d a r d 1 3 / 4 " h o l e i n t h e p i t l i d f o r m a x i m u m t r a n s m i s s i o n r a n g e . �% T h e o p t i o n a l t h r o u g h - t h e - l i d a n t e n n a w i l l b e c a p a b l e o f m o u n t i n g t o v a r i o u s t h i c k n e s s e s o f p i t l i d s f r o m % " t o 2 % " a n d v a r i o u s d i s t a n c e s f r o m m e t e r s . �% T h e o p t i o n a l t h r o u g h - t h e - p i t - l i d a n t e n n a s h a l l b e r i g i d i n d e s i g n t o w i t h s t a n d t r a f f i c a n d s h a l l h a v e a d u a l - s e a l c o n n e c t i o n t o t h e M I U h o u s i n g . �% T h e M I U d e v i c e m u s t b e p r o t e c t e d a g a i n s t s t a t i c d i s c h a r g e w i t h o u t l o s s o f d a t a p e r I E C 8 0 1 - 2 , i s s u e 2 , O p e r a t i o n S p e c i f i c a t i o n s " T h e M I U s h a l l o p e r a t e w i t h i n F C C P a r t 1 5 . 2 4 7 r e g u l a t i o n s f o r d e v i c e s o p e r a t i n g i n t h e 9 0 2 M H z t o 9 2 8 M H z u n l i c e n s e d b a n d . T h e o u t p u t p o w e r o f t h e d e v i c e s w i l l b e g o v e r n e d b y t h e i r c o n f o r m a n c e t o t h e s e r e l e v a n t F C C s t a n d a r d s . �% T o m i n i m i z e t h e p o t e n t i a l f o r R F i n t e r f e r e n c e f r o m o t h e r d e v i c e s , t h e M I U s h a l l t r a n s m i t u s i n g t h e f r e q u e n c y h o p p i n g , s p r e a d s p e c t r u m t e c h n i q u e c o m p r i s e d o f a l t e r n a t i n g p s e u d o - r a n d o m f r e q u e n c i e s w i t h i n t h e 9 0 2 M H z t o 9 2 8 M H z u n l i c e n s e d b a n d . �% F o r e a s e o f i m p l e m e n t a t i o n , t h e S y s t e m s h a l l n o t r e q u i r e a n y s p e c i a l l i c e n s i n g , i n c l u d i n g l i c e n s e s f r o m t h e F C C . T h e S y s t e m m u s t , t h e r e f o r e , o p e r a t e i n t h e 9 0 2 M H z t o 9 2 8 M H z u n l i c e n s e d b a n d . I ' T h e S y s t e m m u s t b e e x p a n d a b l e a t a n y t i m e w i t h o u t g e t t i n g a u t h o r i z a t i o n f r o m t h e F C C . �% N o w a k e - u p t o n e s h a l l b e n e c e s s a r y . �% N o M I U p r o g r a m m i n g s h a l l b e n e c e s s a r y f o r i n s t a l l a t i o n . " T h e M I U s h a l l p r o v i d e 8 - d i g i t r e a d i n g r e s o l u t i o n f r o m e n c o d e d r e g i s t e r s u s i n g e i t h e r N e p t u n e E - C o d e r o r S e n s u s U 1 - 1 2 0 3 p r o t o c o l i n m o b i l e a s w e l l a s f i x e d n e t w o r k d a t a c o l l e c t i o n a p p l i c a t i o n s , s i m u l t a n e o u s l y , w i t h o u t n e e d f o r p r o g r a m m i n g . �% T h e M I U s h a l l r e a d t h e e n c o d e d r e g i s t e r a t 1 5 - m i n u t e i n t e r v a l s t o p r o v i d e a c c u r a t e l e a k a n d r e v e r s e f l o w d e t e c t i o n u s i n g 8 - d i g i t r e s o l u t i o n r e a d s . �% T h e M I U s h a l l t r a n s m i t r e a d i n g s f r o m t h e e n c o d e r t h a t a r e n o t o l d e r t h a n 1 5 m i n u t e s . �% T h e M I U s h a l l t r a n s m i t t h e m e t e r r e a d i n g c o n t i n u o u s l y a t a p r e d e t e r m i n e d t r a n s m i s s i o n i n t e r v a l . 1 3 P a g e 3 3 4 o f 3 3 8 9 - 2 C o n s e n t A g e n d a = The MIU shall transmit fixed network messages every 7% minutes— standard. No programming shall be necessary to activate transmission of fixed network messages. = The fixed network message shall include multiple meter readings for redundancy to improve read success rates. ▪ The MIU shall transmit mobile messages every 14 seconds —standard. No programming shall be necessary to activate or revert to transmission of mobile messages. ■ Power shall be supplied to the MIU by a lithium battery with capacitor. The vendor shall warrant that the MIUs shall be free of manufacture and design defects for a period of twenty (20) years —the first ten (10) years from the date of shipment from factory without prorating and the second ten (10) years with prorating, as long as the MIU is working under the environmental and meter reading conditions specified. ■ The number of radio -based meter reads performed must not affect the battery life. = The battery life shall not be affected by outside erroneous wake-up tones (e.g., other water, gas, or electric utilities reading and therefore sending out a wake- up tone). ■ The battery shall be a fully potted component of the MIU with no external wires. ■ For reliability and meter reading integrity, the vendor shall be the sole manufacturer of the different components of the System (water meters, RF MIUs, meter reading equipment, and meter reading software) and provide a turnkey system offering to the utility. ■ In the event of a cut wire, the MIU shall not send the last good read as this can lead to mis-billing. The MIU shall transmit a trouble code in lieu of the meter reading. • Tamper — If wiring has been disconnected, a "non -reading" shall be provided indicating wire tamper; a reading that gives the last available reading is an incorrect reading. ■ Each device shall have unique preprogrammed identification numbers of ten (10) characters. ID numbers will be permanent and shall not be altered. Each device shall be labeled with the ID number in numeric and barcode form. The label shall also display FCC approval information, manufacturer's designation, and date of manufacture. • The MIU shall transmit the encoder meter reading and a unique MIU ID number. The MIU shall interface to encoder registers using Neptune E-Coder or Sensus Ul- 1203 communication protocol via a 3-conductor wire without need for special configuration to the MIU. • The MIU shall be mounted per the manufacturer's installation instructions. 14 Page 335 of 338 9-2 Consent Agenda �% T h e h a n d h e l d r e a d i n g e q u i p m e n t s h a l l p r o v i d e a t e s t m o d e t o v e r i f y p r o p e r o p e r a t i o n o f t h e M I U b y d i s p l a y i n g t h e M I U I D n u m b e r a n d m e t e r r e a d i n g . �% T h e M I U s h a l l b e c a p a b l e o f b e i n g r e c e i v e d b y e i t h e r a h a n d h e l d r e c e i v e r , m o b i l e r e c e i v e r , o r f i x e d n e t w o r k r e c e i v e r w i t h o u t s p e c i a l c o n f i g u r a t i o n , p r o g r a m m i n g o f o p e r a t i o n m o d e s , o r r e m a n u f a c t u r e . T h e s e s p e c i f i c a t i o n s c o v e r a s e l f - c o n t a i n e d s o l i d s t a t e a b s o l u t e e n c o d e r r e g i s t e r m e t e r i n g s y s t e m d e s i g n e d t o o b t a i n r e m o t e s i m u l t a n e o u s w a t e r m e t e r r e g i s t r a t i o n t h a t i s g u a r a n t e e d t o e x a c t l y m a t c h t h e r e g i s t r a t i o n o n t h e r e g i s t e r o d o m e t e r . T h e m e t e r i n g i n f o r m a t i o n s h a l l b e o b t a i n e d t h r o u g h a r e m o t e l y l o c a t e d r e c e p t a c l e o r M e t e r I n t e r f a c e U n i t ( M I U ) u s i n g a c o m p a t i b l e d a t a c a p t u r e s y s t e m . T h e a b o v e s y s t e m s h a l l b e c o n f i g u r e d a s f o l l o w s : " S o l i d - s t a t e a b s o l u t e e n c o d e r m e t e r r e g i s t e r D i r e c t m o u n t i n g , e l e c t r o m a g n e t i c a l l y e n c o d e d m e a s u r i n g e l e m e n t i n t o a n e l e c t r o n i c s o l i d - s t a t e o d o m e t e r . E n c o d e r s h a l l p r o v i d e v a l u e - a d d e d f l o w d a t a i n c l u d i n g l e a k , t a m p e r a n d b a c k f l o w d e t e c t i o n w h e n c o n n e c t e d t o a c o m p a t i b l e R F A M R M I U . B a t t e r i e s a n d d i g i t a l c o u n t e r s u s i n g v o l a t i l e m e m o r y a r e n o t a l l o w e d . E n c o d e r r e g i s t e r s h a l l d i s p l a y f l o w r a t e i n f o r m a t i o n a t r e g i s t e r . " R e m o t e l y m o u n t e d r e c e p t a c l e o r M I U p r o v i d i n g a c o m m u n i c a t i o n l i n k f o r t h e t r a n s m i s s i o n o f i n f o r m a t i o n f r o m t h e r e g i s t e r . " D a t a a c q u i s i t i o n e q u i p m e n t w i t h w h i c h t h e a b o v e c o m p o n e n t s c a n b e i n t e r r o g a t e d . S u c h e q u i p m e n t s h a l l b e c o n f i g u r e d i n t w o t y p e s : " A d e v i c e t h a t c a p t u r e s i n f o r m a t i o n a n d d i s p l a y s i t v i s u a l l y t o c o n f i r m c o r r e c t s y s t e m i n s t a l l a t i o n a n d w i r i n g . " A d e v i c e t h a t i s p r e - p r o g r a m m e d w i t h r o u t e i n f o r m a t i o n a n d i s c a p a b l e o f s t o r i n g c o l l e c t e d d a t a i n s o l i d - s t a t e m e m o r y . T h i s d e v i c e s h a l l a l s o e l e c t r o n i c a l l y t r a n s f e r t h e d a t a f o r u s e b y t h e u t i l i t y b i l l i n g c o m p u t e r . E N C O D E R R E G I S T E R U N I T R e g i s t r a t i o n " T h e r e g i s t e r s h a l l p r o v i d e a t l e a s t a n i n e - d i g i t v i s u a l r e g i s t r a t i o n a t t h e m e t e r . " T h e u n i t s h a l l p r o v i d e a n e i g h t - d i g i t m e t e r r e a d i n g f o r t r a n s m i s s i o n t h r o u g h t h e r a d i o M I U . " T h e d i a l s h a l l h a v e a h i g h r e s o l u t i o n n i n e - d i g i t L C D d i s p l a y f o r m e t e r t e s t i n g . " T h e r e g i s t e r s h a l l e m p l o y a v i s u a l L C D l e a k d e t e c t i o n i n d i c a t o r a s w e l l a s p r o v i d e r e m o t e l e a k d e t e c t i o n t h r o u g h a n A S C I I f o r m a t t o t h e R F A M R / A M I M I U . " T h e r e g i s t e r s h a l l p r o v i d e r e v e r s e f l o w d e t e c t i o n , c o m m u n i c a t e d a s A S C I I f o r m a t d a t a t o t h e R F A M R / A M I M I U . " R e v e r s e f l o w d e t e c t i o n s h a l l b e c a l c u l a t e d b a s e d o n 1 5 - m i n u t e i n t e r v a l c o n s u m p t i o n . " T h e r e g i s t e r s h a l l p r o v i d e a n i n d i c a t i o n o f d a y s o f z e r o c o n s u m p t i o n , c o m m u n i c a t e d a s A S C I I f o r m a t d a t a t o t h e R F A M R / A M I M I U . " T h e m a n u f a c t u r e r w i l l g u a r a n t e e t h a t t h e r e a d i n g o b t a i n e d e l e c t r o n i c a l l y m a t c h e s t h e L C D o d o m e t e r r e a d i n g o n t h e r e g i s t e r a n d t h a t t h e m a n u f a c t u r e r w i l l p a y t h e d i f f e r e n c e a t t h e c u r r e n t r a t e w h e n e v e r a d i s c r e p a n c y a p p e a r s . 1 5 P a g e 3 3 6 o f 3 3 8 9 - 2 C o n s e n t A g e n d a " T h e r e g i s t e r s h o u l d a c c u m u l a t e a n d r e g i s t e r c o n s u m p t i o n w i t h o u t c o n n e c t i n g t o a r e c e p t a c l e o r M I U . " T h e r e g i s t e r s h a l l d i s p l a y f l o w r a t e i n f o r m a t i o n . M e c h a n i c a l C o n s t r u c t i o n T h e r e g i s t e r s s h o u l d b e m a n u f a c t u r e d i n t w o d i f f e r e n t v e r s i o n s ; o n e f o r i n s i d e s e t a p p l i c a t i o n a n d o n e f o r p i t s e t . I n s i d e S e t V e r s i o n " T h e u n i t m u s t b e c o n s t r u c t e d o f h i g h - s t r e n g t h p o l y c a r b o n a t e a n d p o s s e s s a h e r m e t i c s o n i c w e l d s e a l . R e g i s t e r s f o r i n s i d e s e t a p p l i c a t i o n s s h o u l d b e o i l - f r e e d e s i g n s . " T h e r e g i s t e r s h a l l b e a t t a c h e d t o t h e m e t e r c a s e b y a b a y o n e t a t t a c h m e n t . F a s t e n i n g s c r e w s o r n u t s s h a l l n o t b e r e q u i r e d . A t a m p e r p r o o f s e a l p i n s h a l l b e u s e d t o s e c u r e t h e r e g i s t e r t o t h e m a i n c a s e . " T h e r e g i s t e r s h a l l b e r e m o v a b l e f r o m t h e m e t e r w i t h o u t d i s a s s e m b l i n g t h e m e t e r b o d y a n d s h a l l p e r m i t f i e l d i n s t a l l a t i o n a n d / o r r e m o v a l w i t h o u t t a k i n g t h e m e t e r o u t o f s e r v i c e _ " P r o v i s i o n s h a l l b e m a d e i n t h e r e g i s t e r f o r t h e u s e o f s e a l w i r e s t o f u r t h e r s e c u r e t h e r e g i s t e r . " T e r m i n a l s c r e w s m u s t b e a c c e s s i b l e o n t h e r e g i s t e r f o r t r a n s m i s s i o n w i r e c o n n e c t i o n t o t h e r e m o t e r e c e p t a c l e o r a f u t u r e A M R s y s t e m . A p e r m a n e n t l y p o t t e d w i r e c o n n e c t i o n s h a l l b e a v a i l a b l e f o r p i t s e t m e t e r s a p p l i c a t i o n s . P i t S e t V e r s i o n " T h e u n i t m u s t b e c o n s t r u c t e d i n a r o l l - s e a l e d c o p p e r s h e l l a n d g l a s s l e n s a s s e m b l y . " T h e r e g i s t e r s h a l l b e a t t a c h e d t o t h e m e t e r c a s e b y a b a y o n e t a t t a c h m e n t . F a s t e n i n g s c r e w s o r n u t s s h a l l n o t b e r e q u i r e d . A t a m p e r p r o o f s e a l p i n s h a l l b e u s e d t o s e c u r e t h e r e g i s t e r t o t h e m a i n c a s e . " T h e r e g i s t e r s h a l l b e r e m o v a b l e f r o m t h e m e t e r w i t h o u t d i s a s s e m b l i n g t h e m e t e r b o d y a n d s h a l l p e r m i t f i e l d i n s t a l l a t i o n a n d / o r r e m o v a l w i t h o u t t a k i n g t h e m e t e r o u t o f s e r v i c e . " P r o v i s i o n s h a l l b e m a d e i n t h e r e g i s t e r f o r t h e u s e o f s e a l w i r e s t o f u r t h e r s e c u r e t h e r e g i s t e r . " T e r m i n a l c o n n e c t i o n s m u s t b e p e r m a n e n t l y p o t t e d s o t h a t t h e t e r m i n a l c o v e r c a n n o t b e r e m o v e d . E l e c t r i c a l C o n s t r u c t i o n " T h e s o l i d - s t a t e a b s o l u t e e n c o d e r r e g i s t e r s h a l l i n c o r p o r a t e a n A p p l i c a t i o n S p e c i f i c I n t e g r a t e d C i r c u i t ( A S I C ) a n d f i r m w a r e d e s i g n e d t o v e r i f y a c c u r a t e m e a s u r e m e n t , i n f o r m a t i o n t r a n s m i s s i o n , a n d d a t a i n t e g r i t y . " C o n n e c t i o n s h a l l b e m a d e t o t h e r e g i s t e r b y t h r e e s c r e w - t y p e t e r m i n a l s s o n i c a l l y i n s e r t e d i n t o t h e r e g i s t e r t o p . A c c e s s t o t h e t e r m i n a l s s h a l l b e a v a i l a b l e t o a l l m o d e l s o f r e g i s t e r w i t h t h e e x c e p t i o n o f a p e r m a n e n t l y p o t t e d v e r s i o n . A p o r t c o v e r s h a l l b e p r o v i d e d t o c o v e r t h e t e r m i n a l s a f t e r t h e y h a v e b e e n w i r e d . 1 6 P a g e 3 3 7 o f 3 3 8 9 - 2 C o n s e n t A g e n d a Meter Reading Information • The solid-state absolute encoder register shall provide to the reading equipment an eight -digit meter reading. An identification number of up to 10 digits shall be provided with each reading when read using a probed reading device. • The solid-state absolute encoder register shall provide additional value-added information remotely when connected to a radio MIU (i.e. detailed leak detection data, days of leak state, days of no consumption, and back flow indication). This information shall be communicated through the encoder protocol and RF MIU to the route management software to allow the seamless integration of data into a CIS package. REMOTE RECEPTACLE Mechanical Construction • Where indicated, a remote receptacle must be provided for attachment to a pit meter lid with another unit also designed for attachment by wall mounting. • The materials employed shall be corrosion resistant, resistant to ultraviolet degradation, unaffected by rain or condensation, and compatible with rugged service and long life. • The pit receptacle shall be mounted in a single 13/4" hole in the pit lid while not extending more than 4%" into the pit. • The pit -mounted receptacle shall be provided with a minimum length of six feet of wire connected and sealed at the receptacle without terminal exposure. The remote receptacle shall not contain a battery unless it is a radio MIU. 17 Page 338 of 338 9-2 Consent Agenda