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HomeMy Public PortalAboutPKT-CC-2014-10-14Moab City Council October 14, 2014 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) AGENDA Page 1 of 137 AGENDA Page 2 of 137 Community Meetings Oct 2014 (Mountain Time) Mon Tue Wed Thu Fri Sat 28 L 29 l 30 � l 2 3 4 rpm - Castle Valley 5:30pm - Moab 7pm - Grand Wate- l 5 7 l 8 l 9 L 10 l 11 2pm - USU Moab 4pm - Grand County 6pm - Grand County 12pm - Trail Mix @ 3pm - Moab Valley 04pm - Grand 5pm - KZMU Board 5:30pm - Old 12pm - Housing 6pm - Grand County 4pm - Grand County 5:30pm - Grand 6pm - Thompson 7pm - Castle Valley 07pm - Moab City 7pm - Thompson 112 113 114 L15 L16 17 18 12:30pm - Grand 3pm - Moab Area 3:30pm - Grand 6pm - Grand County 6pm - Grand County •6:30pm - Moab 6pm - Grand County 6pm - Grand County 6:30pm - Castle 7pm - Grand Water l 19 l 20 121 l 22 l 23 L 24 l 25 4pm - Grand County 6pm - Grand County 1.5:30pm - Canyon! 7pm - Moab City l 26 L 27 L 28 l 29 l 30 L 31 l 1 06:30pm - Moab Page 3 of 137 Community Meetings Nov 2014 (Mountain Time) Mon Tue Wed Thu Fri Sat 26 [27 [28 [29 [30 31 06:30pm - Moab [ 2 [ 3 H [ 6 7 L 2pm - USU Moab 4pm - Grand County 6pm - Grand County 12pm - Trail Mix @ 3pm - Moab Valley 5pm - KZMU Board 5:30pm - Old 4pm - Grand 7pm - Castle Valley 5:30pm - Moab [ 9 [10 [11 `12 [13 [14 [15 12:30pm - Grand 3pm - Moab Area 3:30pm - Grand 6pm - Grand County 6pm - Grand County 12pm - Housing 6pm - Grand County 4pm - Grand County 5:30pm - Grand 6pm - Thompson 7pm - Castle Valley •7pm - Moab City 7pm - Thompson F16 [17 [18 [19 [20 [21 [22 4pm - Grand County 6pm - Grand County 6:30pm - Castle 7pm - Grand Water [23 [24 [ 25 [ 26 [ 27 [ 28 [29 ••':30pm - Moab 6pm - Grand County •5:30pm - Canyon! •7pm - Moab City [30 [ 1 [ 2 [ 3 [ 4 [ 5 Page 4 of 137 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, October 14, 2014 at 6:30 p.m. 6:30 p.m. 7:00 p.m. SECTION 1: PRE -COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 September 23, 2014 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES SECTION 4: SECTION 5: SECTION 6: 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department PRESENTATIONS SPECIAL EVENTS 5-1 Approval of a Special Business Event License for the Youth Garden Project to Conduct the Annual Pumpkin Chuckin' Festival at the Grand County High School on October 25, 2014 5-2 Request by Youth Garden Project for a Refund of the Special Business Event Fee in an Amount not to exceed $200 5-2 Approval of a Request by Sara Hatathley for an Amplified Music Event at Old City Park on October 17, 2014 NEW BUSINESS 6-1 Approval of the Safety Specialist Job Description 6-2 Award of the Telephone System Proposal 6-3 Approval of Local Consent for a Special Use Permit for Industrial and Manufacturing of Alcohol for Sundial Medicinals, LLC Located at 484 Sundial Drive 6-4 Approval of Proposed Resolution #43-2014 - A Resolution Approving Depositories for Moab City Funds AGENDA Page 5 of 137 6-5 Approval of Proposed Resolution #41-2014 - A Resolution Conditionally Approving the Preliminary Plat For the Deer Trail Townhome Subdivision on Property Located at 792 West 400 North in the R-4 Zoning District 6-6 Request to Send Proposed Resolution #39-2014 - A Resolution Conditionally Approving a Conditional Use Permit for a Bed and Breakfast Located on the McElhaney Property at 100 Arches Drive in the R-2 Zone to Public Hearing on October 28, 2014 6-7 Discussion Regarding Solid Waste Collection Contract 6-8 Discussion Regarding City Provided Health Insurance SECTION 7: MAYOR AND COUNCIL REPORTS SECTION 8: READING OF CORRESPONDENCE SECTION 9: ADMINISTRATIVE REPORTS SECTION 10: REPORT ON CITY/COUNTY COOPERATION SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 12: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org AGENDA Page 6 of 137 MOAB CITY COUNCIL REGULAR MEETING September 23, 2014 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Community Development Director David Olsen and Public Works Director Jeff Foster. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Sixteen (16) members of the audience and media were present. Councilmember Ershadi moved to approve the Regular Meeting minutes of September 9 and August 26, 2014 and the Special Meeting minutes of August 29, 2014. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. There were no Citizens to Be Heard. Under Community Development Department Update, Community Development Director Olsen stated that the frog statue at Rotary Park was now fully functional and squirting water on people's heads. Community Development Director Olsen also stated that Alec Tatton had completed an Eagle Scout project at Anonymous Park and had done a good job. Community Development Director Olsen stated that he had applied for and received a tree grant to conduct a tree inventory. An Engineering Department Update was not given. A Planning Department Update was not given. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster gave an update on the operation issues at the Waste Water Treatment Plant (WWTP) and stated that staff had been working to resolve the September 23, 2014 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE AGENDA Page 1 of 4 Page 7 of 137 odor issues. Public Works Director Foster also stated that he would be meeting soon with the Department of Environmental Quality to discuss potential funding sources for the WWTP upgrade. Ashely Korenblatt of Public Land Solutions, made a Presentation PRESENTATION regarding the Bureau of Land Management's (BLM) Master Leasing Plan. Mayor Sakrison presented Landon O'Donnal with the September 2014 Mayor's Student Citizenship of the Month Award for Helen M. Knight Elementary School. Councilmember Peterson moved to approve Moab Pride — Orange & After Party on September 26 and 27, 2014 at 2 South 100 West Approval of a Special Business Event License for Patrick Lloyd Flanigan, d.b.a. Club Rio. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve the Moab Ho Down Mountain Bike Festival on October 24 through 27, 2014 at Anonymous Park and Swanny City Park as follows: 1. Approval of a Special Event License for Chile Pepper Bike Shop 2. Approval of Special Use of Anonymous Park for Tracy Reed 3. Approval of Special Use of Swanny City Park for Wendy Palmer Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve the Moab Ultimate Frisbee Hat Tournament on October 18, 2014 at the Center Street Ball Park as follows: 1. Approval of a Special Event License for Julie Zender 2. Approval of a Special Use of Center Street Ball Park Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to approve the Back to School Carnival on October 11, 2014 at Rotary Park as follows: 1. Approval of a Special Business Event License for Family Support Center and Grand County/San Juan County Prevent Child Abuse Team 2. Approval of a Request for a Refund of Park Rental Fees in the amount of $75 3. Approval of a Request for a Refund of Special Event Fees in the amount of $290 September 23, 2014 STUDENT OF THE MONTH PRESENTATION SPECIAL EVENT MOAB PRIDE — ORANGE & AFTER PARTY, APPROVED SPECIAL EVENT MOAB HO DOWN MOUNTAIN BIKE FESTIVAL, APPROVED SPECIAL EVENT MOAB ULTIMATE FRISBEE HAT TOURNAMENT, APPROVED SPECIAL EVENT BACK TO SCHOOL CARNIVAL, APPROVED AGENDA Page 2 of 4 Page 8 of 137 Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. Councilmember Peterson moved to approve a Recycled Art Show — A Fundraiser for Canyonlands Community Recycling on November 15, 2014 at the Moab Arts and Recreation Center, 111 East 100 North as follows: 1. Approval of a Special Business Event License for Canyonlands Community Recycling, Abigail Scott 2. Approval of a Class IV Retail Beer License for Abigail Scott 3. Granting of Local Consent for a Single Event Alcohol Permit Canyonlands Community Recycling 4. Approval of a Request for a Refund of Special Event Fees in the amount of $290 Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Private Property Vendor License for Quesadilla Moabilla Located at 83 South Main Street from October 1 to November 30, 2014 and March 1 to September 30, 2015. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve Proposed Resolution #38-2014 A Resolution Approving the Development and Phasing Agreement for the "Entrada At Moab" Master Planned Development on Property Located at 720 West 400 North in the C-2 Zoning District. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve Proposed Resolution #37-2014 — A Resolution Approving the Agreement between the Utah State Division of Water Rights and the City of Moab DWQ. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve Proposed Streets Service Worker I - Mechanic Job Description. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve the Proposed Streets Service Worker II — Mechanic/CDL Job Description. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. Under Mayor And Council Reports, Mayor Sakrison asked everyone to September 23, 2014 SPECIAL EVENT RECYCLED ART SHOW, APPROVED PRIVATE PROPERTY VENDOR FOR QUESADILLA MOABLILLA, APPROVED PROPOSED RESOLUTION #38- 2014, APPROVED PROPOSED RESOLUTION #37- 2014, APPROVED PROPOSED STREETS SERVICE WORKER I — MECHANIC JOB DESCRIPTION, APPROVED PROPOSED STREETS SERVICE WORKER II — MECHANIC JOB DESCRIPTION, APPROVED READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS AGENDA Page 3 of 4 Page 9 of 137 save the date of October 17, 2014 for the Moab Multicultural Center fundraiser at Star Hall, Dancing with the Stars. Councilmember Bailey stated that Moab Regional Hospital was in contract negotiations with Regence Blue Cross and that the proposed changes to the contract would potentially cost the hospital two millions dollars annually. Councilmember Bailey said the existing contract was through September 30, 2014. Councilmember Stucki inquired about the status of the White property that had been raised at the previous Council meeting. City Manager Metzler stated that staff had met and had developed a strategy for dealing with the issues and had begun to draft an ordinance. Councilmember McElhaney stated that he had attended the Utah League of Cities and Towns annual convention and had found it very informative. Councilmember Ershadi stated that there would be a Bee Inspired Garden meeting for Rotary Park that Thursday at 11:30 AM and that Wabi Sabi was expanding its holiday meal program and was in need of a chef. Under Administrative Report, City Manager Metzler stated that the career service positons of Police Lieutenant and City Engineer were open and that the Mechanic position would be out the following week. City Manager Metzler continued that staff had received a preliminary cost estimate for the Lions Park which was scheduled to begin in November. No Report was given on City/County Cooperation. Councilmember Ershadi moved to pay the bills against the City of Moab in the amount of $167,557.46. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 8:05 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder September 23, 2014 ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT AGENDA Page 4 of 4 Page 10 of 137 AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 141 2o14 j Agenda Item #: 5-1 Title: Special Event License for the Youth Garden Project to Conduct the Pumpkin Chuckin' Festival, Saturday, October 25, 2014 and Request by Youth Garden Project for a Refund of the Special Business Event Fee in an amount not to exceed $200 Fiscal Impact: None Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Youth Garden Project Background/Summary: The Youth Garden Project has applied for a Special Business Event License for the annual Pumpkin Chuckin' Festival. The Festival was held at this location last year with no problems. The Special Event Review Committee recommends this location and sees no issues with parking, congestion or capacity. 1 Options: For the Special Business Event License, the Council may approve, approve with conditions, deny or postpone the item Staff Recommendation: Staff recommends Approval of the Special Business Event Events License as presented. Recommended Motion: "I move to approve the Special Business Event License for the Pumpkin Chuckin' Festival as presented." Attachment(s): Special Business Event License Application AGENDA Page 11 of 137 DATE PAID: AMOUNT PAID: RECEIPT NO.: Viijp/ o Lvo' /34 9s/ CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $200.00 PLUS (CHECK ONE): O TRANSIENT ($90). )2( CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: Ca.d C' NAME OF EVENT: l� DESCRIPTION OF EVENT: �jl�� dr-pi.lue- LOCATION OF EVENT: 4 w PREMISES TO BE USED: SOC6,124- TEMPORARY STRUCTURES TO BE USED (IF ANY): ,� - 7 DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: TL si • i5L Atmt-h Ehyle S be 3r- (d w 1� Detolocc-25Kei 16arn- U TYPES OF VENDORS PARTICIPATING IN EVENT: -}'1 NUMBER OF VENDORS PARTICIPATING; cA-A-A- y rOn Ad) vewiku 4 0-Pr- 9.611A. s �j r v 011= p EVENT SPONSORS NAME: t\AY ` e6trifrA1 R1:1'i tV1 SPONSORS ADDRESS: `�11 2460 `�� CITY: y " tatb EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARG S, ETC.): SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: in jQ OR STATE: PHONE: t1 i DATE OF BIRTH: TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP O CORPORATION )50THER (SPECIFY): non EVENT SPONSORS SALES TAX ID it: NAME REGISTERED WITH THE STATE FOR TAX ID: viAlzdt Fret 0 ZIP: St-1j32,. n,/-a. f� G rruie A CT THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. INVE 1 DOL4AC ZARIMPre LL4 HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINES LICENSE REGULATIONS AS SET FORTH THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND LICE `• NSOR). INVE AGREE TO FILE THE PROPER REPORTS WITH STATE OF U1H. State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this i� day of Se, f-rikb NOTARY PU Q 0 Z W trI SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 12 of 137 JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11. 2016 I I CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: ❑ YES 13 No REQUIRES PLANNING COMMISSION APPROVAL ❑ YES a No REVIEWED BY ZONING ADMINISTRATOR: DATE: NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: b Oh (�f-zief\ P 1. PHONE:435 (2J9 / D i•+ S • -6:1 4 CITY: 11/4/1 06 STATE: UT ZIP: V453 Y_ -- - .-._A____R NAME OF EVENT: Pu m ple-i n 041/1 R skrod LOCATION OF EVENT: 57i. rd cAmyttn+3/4:i Iii Scifiezi Sree`fita ZONE: DETAILED DESCRIPTION OF SPECIAL EVENT:r1/26urds,11R-a4e4 I iye music I a Z W Page 13 of 137 06/16/05 30'relatively flat 1' O? on street 21' 290' > i Ot VEHICLE ENTRY 415' 95'flat V 28/2.5' 129' V Oon street KEY a`t O Electrical Outlet Cl tom Vendor Tent throom Z LLI 26' 265' > \/ N tJ(42 166' > i CHUCKING AREA 105' > 33' TICKET WINDOW 68' > 'VOLUNTEER ENTRY GATE PARKING LOT Page 14 of 137 35' < 247' 23V4'0 ?!1. 114' V Vcon ent jorstayinp PARKING LOT PARKING Youth Garden Project 530 South 400 East Moab, Utah 84532 435-259-2326 www.youthgardenproject.org October 17, 2014 Dear Moab City Council, I am writing to respectfully request a fee reimbursement for the Pumpkin Chuckin' Festival Special Event Permit. The Pumpkin Chuckin' Festival is an annual fundraiser for the Youth Garden Project and is also a much loved community event. This festival raises money to allow the Youth Garden Project to offer all our programs for low or no cost to parents and families. The Pumpkin Chuckin' Festival is held on school district property and the Youth Garden Project pays the school district for the use of the field and for resources used from the school district. Having the $200 permit fee reimbursed to us from the City of Moab will reduce our expenses for this event and allow us to put this money directly into providing programs and services for our community. Thank you for your consideration and for your support of the Youth Garden Project. Delite Primus Executive Director Q The Youth Garden Project cultivates healthy children, families and community through educational p programs and the profound act FUosngtcplg with food from seed to table. Z W MOAB CITY COUNCIL MEETING October 14, 2o14 Agenda ltem #: 5-3 Title: Request by Sara Hatathaley (Just Dance) for an Amplified Music Event at Old City Park on October 17, 2014 Fiscal Impact: None Staff Presenter(s): N/A Department: Parks Applicant: Sara Hatathaley Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. 1 Options: Approve, Approve with conditions, Deny or postpone Staff Recommendation: City staff recommend approval of the request. Approval is subject to compliance with all Parks Policies, which provides that approved sound amplification shall not extend beyond 9 pm. Recommended Motion: "I move to approve a Request by Sara Hatathaley (Just Dance) for an Amplified Music Event at Old City Park on October 17, 2014 " Attachment(s): Please see attached letter from Sara Hatathaley. AGENDA Page 16 of 137 9/30/2014 City of Moab Mail - Renting old city park Grail Renting old city park Rachel Stenta <rstenta@moabcity.org> Sara Hatathley <justdanceco.2@hotmail.com> Mon, Sep 29, 2014 at 5:17 PM To: "rstenta@moabcity.org" <rstenta@moabcity.org> To whom it my concern, I would like to play amplified music at my dance fundraiser performance October 17th at Old City Park. Thanks Sara at Just Dance Co. Sent from my iPhone AGENDA Page 17 of 137 e.com/mail/u/0/?ui=2&ik=Obf0a4325f&view=pt&search=inbox&msg=148c3b4b8de0341 d&sim1=148c3b4b8de0341 d 1 /1 f AGENDA SUMMARY MOAB CITY COUNCIL MEET NG —October 14, 2o0.4 Agenda. item #: 6-1 Title: Approval of Safety Specialist Job Description Fiscal Impact: The fiscal impact will be negligible Department: Administration/Public Works Applicant: NA 1 Summary: The City has had a Safety Specialist position for many years. With changes in the industry, including new reporting and other requirements, and with the apparent need for an increased level of authority for the Safety Specialist, changes in the job description are warranted. One of the most significant changes in this job description is that the position now report sdirectly to the Public Works Director, rather than the Streets Superintendent. This will enable the position to have the authority needed to enforce safety standards across departments. Changes were also made to the duties of the position to more accurately reflect the nature and level of responsibilities entailed. This is also reflected in the increase by one grade in the grade of the position. For an entry level position, this is a 5% increase above the current grade for the position. Options: The Council may approve the job description as presented, approve it with changes, not approve it, or postpone the item. Staff Recommendation: Staff recommends approval ofthis job description as presented. Recommended Motion: "I move to approve item 6-1 as presented." Attachment(s): Proposed Safety Specialist Job Description; Current Safety Specialist Job Description AGENDA Page 18 of 137 CITY OF MOAB JOB DESCRIPTION Class Title: Safety Specialist/Officer Department: Public Works Division: Streets GENERAL PURPOSE Class Code: Pay Grade: 11 Effective Date: Date Revised: 04/17/2013 The Safety Specialist performs a variety of skilled and semi -skilled duties, pertaining to Safety in the Public Works/Streets Department and other City Departments. REPORTING RELATIONSIIIPS Supervision Received: The Safety Specialist receives general guidance and direction from the Streets Superintendent and/or Public Works Director. Supervision Exercised: N/A ESSENTIAL FUNCTIONS Coordinates City-wide and Public Works Department -specific safety programs; Performs education/training programs to ensure compliance and appropriate risk management; Arranges, coordinates, and teaches a variety of safety oriented classes, defensive driving, and general safety compliance; prepares/administers safety equipment budget; Tracks safety related information, preparing periodic reports for management. Reads and interprets risk management related information and assists departments in applying that information in reducing liability; Reviews and analyzes all vehicle accidents, near accidents, first report of injuries and supervisor's accident investigation reports; Meets with department safety representatives and supervisors to analyze problem areas and determine corrective actions that will reduce high frequency accidents; Presides at monthly safety committee meetings; attends and/or presents at various department safety meetings. Works directly with department safety representatives to insure that all applicable signage , TTC (Temporary Traffic Control) devices and other pertinent safety/safety zone devices and PPE (Personal Protective Equipment) are available and used on all Public Works projects; Implement/maintains all safety, health and risk prevention training required by City, State and Federal Agencies: Serves as the Public Works department emergency preparedness officer. Provides education in the areas of safety and fire prevention, accident/injury prevention, including giving talks, demonstrations, and presentations; Performs safety inspections within the City; Maintains a variety of data and records regarding fire inspection or Safety Specialist AGENDA 04/16/13 Page 1 of 3 Page 19 of 137 prevention activities. Oversees the inspection of agency and contractor working conditions, job sites and safety procedures; Resolves employee safety complaints and develops, promotes and implements safety programs. Tests materials for compliance to specifications; follows uniform testing procedures related to earthwork, aggregate production, asphalt, concrete, etc; Monitors test equipment and ensures proper working condition and accuracy. Assists with the preparation, maintenance and monitoring of the installation of signs and warning devices; Responsible for maintaining compliance with the City Sign Retro-reflectivity Policy and monitoring signage practices to assure compliance with State and Federal regulations and other applicable standards. Works in cooperation with the Engineering Department in the process of inputting GIS points, signs, pipes, structures and other City facilities with the use of a portable GPS device. Assist the Public Works Director with inspection of City infrastructure installed by Developers and contractors to insure compliance with the City's Design Standards and Public Improvement Specifications as well as other State and Federal regulations and other applicable standards and requirements. Performs related duties as assigned. MINIMUNI QUALIFICATIONS A. Education and Experience 1. High school graduate or equivalent AND 2. Considerable experience in investigating and/or analyzing occupational and/or traffic safety practices or teaching occupational and/or traffic safety courses. B. Required Knowledge, Skills and Abilities 1. Considerable knowledge of OSHA construction and safety standards. 2. Ability to operate or learn to operate light equipment; ability to follow oral and written instructions; ability to establish and maintain effective working relationships with other employees and the public. C. Special Qualifications (Licenses, Certifications, etc.) Upon employment must possess a valid Utah driver's license. Safety Specialist AGENDA 04/16/13 Page 2 of 3 Page 20 of 137 The following Certifications must be obtained within one year of initial employment in this position by a City approved testing organization: Certification as a Traffic Control Technician or a Traffic Control Supervisor; Certification in Playground Equipment Safety; and Certification in the operation of the City's Moisture Density Gauge. D. Work Environment and Physical Demands The Safety Specialist works in variable weather and traffic conditions. The Safety Specialist performs light and heavy labor. Tasks regularly involve working in traffic with the use of safety equipment. Tasks regularly include walking, standing, stooping, sitting, reaching, climbing and lifting. Talking, hearing and seeing are necessary for performing most essential duties. Common eye, hand and finger dexterity is required for most essential functions. SELECTION GUIDELINES Formal application; interview with hiring authority. Successful completion of a pre- employment drug and alcohol screen test. Safety Specialist AGENDA 04/16/13 Page 3 of 3 Page 21 of 137 / / AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 14, 2o14 / / Agenda item #: 6-2 Title: Award of the Telephone System Proposal Fiscal Impact: varied by department/equipment charges are currently budgeted Staff Presenter(s): Rachel Stenta, City Recorder Department: All Vendor: Emery Telecom Background/Summary: The phone system that we currently use at the City Center was leased when we renovated the building over nine years ago. The original lease ended in 2010. The system is now out of lease. The equipment is outdated and has now been "sunsetted" meaning that hardware maintenance is no longer available and technical support is extremely limited. We solicited proposals from our current provider of telephone equipment (Protel) our current telephone service provider (Frontier) as well as from Emery Telecom. We received one responsive proposal from Emery Telecom. This proposal would replace the telephone equipment at the City Center as well as the City Shop, the MRAC and the MARC. Our goal is to migrate all city departments onto one, seamless telephone system. The leases are for a term of 48 months and include all hardware/software support and maintenance as well as system installation, hosting and training. 1 Options: Approve, deny or table. Staff Recommendation: Staff recommends approving the proposal as submitted. Recommended Motion: I move to award the telephone system proposal to Emery Telecom in the lease amount of $22,447.94 for the term of 48 months. Attachment(s): Telephone System Proposal AGENDA Page 22 of 137 City of Moab Request for Proposal Telephone System AGENDA Page 23 of 137 me ohm J'ck6t9 t . Most 04 Lit-8. P.O. Box 629 455 East SR 29 Orangeville, UT 84537 (435) 748-2223 Fax (435) 748-5001 www.emerytelcom.com September 12, 2014 City of Moab City Recorder 217 East Center St. Moab, UT 84532 Subject: City of Moab — RFP Telephone System Dear City Recorder: Emery Telcom is excited about the opportunity to respond to your Request for Proposal (RFP) and we look forward to partnering with you on this important project. Your plans to provide a Telephone System to key Moab City locations within our region will enhance the city's ability to communicate between these key locations seamlessly. The proposed Hosted Phone System is a state-of-the-art system that will meet most if not all of system features that are required. The system can provide individual or group voicemail boxes as well as give you the ability to send voicemail to e-mail. The phone system has find -me -follow -me features where you can customize your phone to forward to a cell phone if you are away from your desk or out of the office. The system will have all of the indicated locations tied together to allow you to transfer and conference calls between locations. The system can be customized to meet your needs via a user-friendly web interface where security can be put in place to only allow administrative privileges to certain users. Emery Telcom has the necessary local resources to handle the maintenance and support of the Hosted Phone System. We have dozens of Hosted Phone System clients that rely on our hardware and software reliability and technical expertise to operate their businesses telecommunications needs. The cost of the maintenance of both software and hardware are included in the lease price. We are confident that Emery Telcom offers the best overall value when you consider all the information provided. This overall value is realized through the combination of our pricing, technical expertise, productive best practices and focused project management. We strongly urge you to select Emery Telcom as your Hosted Telephone System partner. We look forward to presenting our solution to help you better understand the flexibility as well as the ease of use the system offers. If you have any questions, please contact me. Very truly yours, Jon Faimalo Business I&R Manager Emery Telcom AGENDA Page 24 of 137 ifMe l'AcIf�iit� tkL of ot Dv. Network Design AGENDA Page 25 of 137 Moab Hosted Phone System Network Design tw4 MARC Moab City Hall c Fiber Hosted Fiber Fiber/Coax Phone Si✓stem Switch Fiber/Coax 14( tw4 4/4 City Shop M RAC Page 26 of 137 cyney Telcom aLx'.g iPe Most ar j isk iit9 AL Most o f Lib-8. Telephone System Quote AGENDA Page 27 of 137 Emery Telecommunications & Video, Inc. Quotation Emery Telecommunications & Video PO Box 550 Orangeville, UT 84537 Ph: (435) 636-3952 Fax: (435) 888-3508 Notes: This estimate is good for 30 days from the date shown below. Prices quoted are for quantities shown. Any and all changes will require a new written quotation from ETV. ETV will make necessary programming changes for 30 days following completion of installation. After 30 days, programming changes will incur a service charge. To: Moab City Date 9/12/2014 217 E Center Moab, UT 84532 Quote Sent By: Jon Faimalo Ph: (435)259-5121 Description *Hosted Phone System 48 Month Hardware Lease Option: - 20 Aastra 6757i Phones - 1 Aastra 6757i CT (Cordless phone) - 31 Aastra 6731 i Phones - 4 Cisco SPA 112 Phone Adapter (Fax) - 2 HP Procurve 24 Port POE Switch - 1 HP Procurve 8 Port POE Switch - 1 UPS - Tax Included 40 Hours of Installation and Training (Includes Tax) Quote does not include any material or labor for internal wiring Total *This is a contract term of 48 months. Penalty of cancellation prior to contract term is $ 147.22 monthly for the remaining life of the contract. Up Front Montlhy Non -Recurring Recurring $ 255.79 $ 2,763.80 2.763.80 $ 12.277.88 LIMITATION OF BID. In the absence of other agreements or arrangements, customer agrees to make a down payment equal to %of the quoted Non -recurring charges above upon acceptance of this quote. The remaining % payment will be due upon completion of installation. Customer agrees to pay to Emery Telecommunications & Video, Inc., when due, all amounts quoted herein as well as amounts due on subsequent authorized change orders related to this quote. As collateralization of all amounts due the customer hereby grants Emery Telecommunications & Video, Inc., a security interest in all equipment installed by Emery Telecommunications & Video, Inc., related to this quote and subsequent change orders. The customer hereby authorizes Emery Telecommunications & Video, Inc., to file a financing statement or other documents necessary to perfect Emery Telecommunications & Video, Inc.'s security interest in such equipment. Emery Telecommunications & Video, Inc., shall remove such filings upon full payment of the debt and upon request by the customer. This is meant to be a bid only, and is not meant to cover all terms of providing service. This bid is only valid for 30 days from the date it is issued, unless signed by the CUSTOMER and accepted by the PROVIDER. LIMITED WARRANTY AND LIABILITY. PROVIDER will use commercially reasonable efforts, according to industry standards, to provide the Services on a 24-hour-a-day, 7- day-per-week basis. The CUSTOMER and PROVIDER acknowledge and agree that the advertised speeds may vary, and that PROVIDER may not be able to deliver the advertised speeds, or that the speeds may vary depending upon traffic or other factors. PROVIDER does not warrant that the Services will be provided without interruptions. PROVIDER MAKES THIS WARRANTY IN LIEU OF ALL OTHER WARRANTIES AND MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE. PROVID ER's liability and the exclusive remedy of CUSTOMER for damages associated with the installation, provision, termination, maintenance, repair or restoration of Services will be solely limited to an amount no greater than the amounts payable from CUSTOMER to PROVIDER during the Initial Term and any renewal terms as stated herein. IN NO EVENT WILL PROVIDER BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR LOSS OF USE, INCOME OR PROFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES. CUSTOMER will indemnify, hold harmless, and defend PROVIDER its Officers, Directors, affiliated companies, employees, agents and subcontractors from liabilities, claims or damages caused by the CUSTOMER's use of the Services. CUSTOMER agrees to not, under any circumstances, resell, retail, repackage for sale, or commercially distribute the Services, unless specifically authorized in the bid. Emery Telcom reserves the right at any time to adjust rates and prices upon notice to its customers. Further, Emery Telcom reserves the right to limit service to any customer that Emery Telcom determines in its sole discretion is negatively affecting Emery Telcom's network or other customers. Emery Telcom may take corrective actions (including but not limited to termination of service) for customers who have violated any term of use or have engaged in practices that could harm the network or other customers' utilization of EmeryTelcom's services. Further, use of Emery Telcom's network for illegal or inappropriate actions is prohibited. Emery Telcom may provide customer information to appropriate legal authorities as direct by law or in the case of copyright infringement to those violated as directed legally upon notice to the customer. DEFAULT BY CUSTOMER. If the CUSTOMER accepts this bid and then breaches this Agreement, then PROVIDER shall be entitled to the remedies specified herein, or any other remedy available in law or equity, which remedies shall not be exclusive. If CUSTOMER fails to make a Monthly Payment within the time designated herein, then such amount shall incur interest at 1 Y.% per month. Further, PROVIDER shall have the right to terminate the Services. If PROVIDER terminates the Service for CUSTOMER's breach of this Agreement, then CUSTOMER agrees to pay any penalties as stated herein and any attorneys fees or oth er cost necessary for PROVIDER to collect such amounts due.. Initial To accept quoted price and terms above, sign this form below and return a copy, facsimile or itemized purchase order to: Emery Telcom, PO BOX 550, Orangeville, UT 84537,Attn. Amber Magnuson or FAX - (435) 888-3508 Estimate authorized by Name: Date: Signature: Title: AGENDA Page 28 of 137 Emery Telecommunications & Video, Inc. Quotation Emery Telecommunications 8r Video PO Box 550 Orangeville, UT 84537 Ph: (435) 636-3952 Fax: (435) 888-3508 Notes: This estimate is good for 30 days from the date shown below. Prices quoted are for quantities shown. Any and all changes will require a new written quotation from ETV. ETV will make necessary programming changes for 30 days following completion of installation. After 30 days, programming changes will incur a service charge. To: Moab City Moab City Shop 470 W Kane Creek Blvd. Moab, UT 84532 Ph: (435)259-7485 Date 9/12/2014 Quote Sent By: Jon Faimalo Description *Hosted Phone System 48 Month Hardware Lease Option: - 8 Aastra 6757i Phones - 1 HP Procurve 16 Port POE Switch - 1 Cisco SPA 112 (Fax) - 1 UPS - Tax Included 8 Hours of Installation and Training (Includes Tax) Quote does not include any material or labor for internal wiring Total *This is a contract term of 48 months. Penalty of cancellation prior to contract term is $ 31.66 monthly for the remaining life of the contract. Up Front Montlhy Non -Recurring Recurring $ 55.00 $ 552.76 552.76 $ 2,639.92 LIMITATION OF BID. In the absence of other agreements or arrangements, customer agrees to make a down payment equal to % of the quoted Non -recurring charges above upon acceptance of this quote. The remaining''/: payment will be due upon completion of installation. Customer agrees to pay to Emery Telecommunications & Video, Inc., when due, all amounts quoted herein as well as amounts due on subsequent authorized change orders related to this quote. As collateralization of all amounts due the customer hereby grants Emery Telecommunications & Video, Inc., a security interest in all equipment installed by Emery Telecommunications & Video, Inc., related to this quote and subsequent change orders. The customer hereby authorizes Emery Telecommunications & Video, Inc., to file a financing statement or other documents necessary to perfect Emery Telecommunications & Video, Inc.'s security interest in such equipment. Emery Telecommunications & Video, Inc., shall remove such filings upon full payment of the debt and upon request by the customer. This is meant to be a bid only, and is not meant to cover all terms of providing service. This bid is only valid for 30 days from the date it is issued, unless signed by the CUSTOMER and accepted by the PROVIDER. LIMITED WARRANTY AND LIABILITY. PROVIDER will use commercially reasonable efforts, according to industry standards, to provide the Services on a 24-hour-a-day, 7- day-per-week basis. The CUSTOMER and PROVIDER acknowledge and agree that the advertised speeds may vary, and that PROVIDER may not be able to deliver the advertised speeds, or that the speeds may vary depending upon traffic or other factors. PROVIDER does not warrant that the Services will be provided without interruptions. PROVIDER MAKES THIS WARRANTY IN LIEU OF ALL OTHER WARRANTIES AND MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER's liability and the exclusive remedy of CUSTOMER for damages associated with the installation, provision, termination, maintenance, repair or restoration of Services will be solely limited to an amount no greater than the amounts payable from CUSTOMER to PROVIDER during the Initial Term and any renewal terms as stated herein. IN NO EVENT WILL PROVIDER BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR LOSS OF USE, INCOME OR PROFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES. CUSTOMER will indemnify, hold harmless, and defend PROVIDER its Officers, Directors, affiliated companies, employees, agents and subcontractors from liabilities, claims or damages caused by the CUSTOMER's use of the Services. CUSTOMER agrees to not, under any circumstances, resell, retail, repackage for sale, or commercially distribute the Services, unless specifically authorized in the bid. Emery Telcom reserves the right at any time to adjust rates and prices upon notice to its customers. Further, Emery Telcom reserves the right to limit service to any customer that Emery Telcom determines in its sole discretion is negatively affecting Emery Telcom's network or other customers. Emery Telcom may take corrective actions (including but not limited to termination of service) for customers who have violated any term of use or have engaged in practices that could harm the network or other customers' utilization of Emery Telcom's services. Further, use of Emery Telcom's network for illegal or inappropriate actions is prohibited. Emery Telcom may provide customer information to appropriate legal authorities as direct by law or in the case of copyright infringement to those violated as directed legally upon notice to the customer. DEFAULT BY CUSTOMER. If the CUSTOMER accepts this bid and then breaches this Agreement, then PROVIDER shall be entitled to the remedies specified herein, or any other remedy available in law or equity, which remedies shall not be exclusive. If CUSTOMER fails to make a Monthly Payment within the time designated herein, then such amount shall incur interest at 1 %% per month. Further, PROVIDER shall have the right to terminate the Services. If PROVIDER terminates the Service for CUSTOMER'S breach of this Agreement, then CUSTOMER agrees to pay any penalties as stated herein and any attorneys fees or other cost necessary for PROVIDER to collect such amounts due.. Initial To accept quoted price and terms above, sign this form below and return a copy, facsimile or itemized purchase order to: Emery Telcom, PO BOX 550, Orangeville, UT 84537,Attn. Amber Magnuson or FAX - (435) 888-3508 Estimate authorized by Name: Date: Signature: Title: AGENDA Page 29 of 137 Emery Telecommunications & Video, Inc. Quotation Emery Telecommunications & Video PO Box 550 Orangeville, UT 84537 Ph: (435) 636-3952 Fax: (435) 888-3508 Notes: This estimate is good for 30 days from the date shown below. Prices quoted are for quantities shown. Any and all changes will require a new written quotation from ETV. ETV will make necessary programming changes for 30 days following completion of installation. After 30 days, programming changes will incur a service charge. To: Moab City Moab Arts and Recreation Center 111 E 100 N Moab, UT 84532 Ph: (435)259-6272 Date 9/12/2014 Quote Sent By: Jon Faimalo Description *Hosted Phone System 48 Month Hardware Lease Option: - 2 Aastra 6757i Phones - 1 HP Procurve 8 Port POE Switch - 1 UPS - Tax Included 8 Hours of Installation and Training (Includes Tax) Quote does not include any material or labor for internal wiring Total *This is a contract term of 48 months. Penalty of cancellation prior to contract term is $ 14.82 monthly for the remaining life of the contract. Up Front Montlhy Non -Recurring Recurring $ 25.75 $ 552.76 552.76 $ 1,235.89 LIMITATION OF BID. In the absence of other agreements or arrangements, customer agrees to make a down payment equal to''/: of the quoted Non -recurring charges above upon acceptance of this quote. The remaining'/: payment will be due upon completion of installation. Customer agrees to pay to Emery Telecommunications & Video, Inc., when due, all amounts quoted herein as well as amounts due on subsequent authorized change orders related to this quote. As collateralization of all amounts due the customer hereby grants Emery Telecommunications & Video, Inc., a security interest in all equipment installed by Emery Telecommunications & Video, Inc., related to this quote and subsequent change orders. The customer hereby authorizes Emery Telecommunications & Video, Inc., to file a financing statement or other documents necessary to perfect Emery Telecommunications & Video, Inc.'s security interest in such equipment. Emery Telecommunications & Video, Inc., shall remove such filings upon full payment of the debt and upon request by the customer. This is meant to be a bid only, and is not meant to cover all terms of providing service. This bid is only valid for 30 days from the date it is issued, unless signed by the CUSTOMER and accepted by the PROVIDER. LIMITED WARRANTY AND LIABILITY. PROVIDER will use commercially reasonable efforts, according to industry standards, to provide the Services on a 24-hour-a-day, 7- day-per-week basis. The CUSTOMER and PROVIDER acknowledge and agree that the advertised speeds may vary, and that PROVIDER may not be able to deliver the advertised speeds, or that the speeds may vary depending upon traffic or other factors. PROVIDER does not warrant that the Services will be provided without interruptions. PROVIDER MAKES THIS WARRANTY IN LIEU OF ALL OTHER WARRANTIES AND MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER's liability and the exclusive remedy of CUSTOMER for damages associated with the installation, provision, termination, maintenance, repair or restoration of Services will be solely limited to an amount no greater than the amounts payable from CUSTOMER to PROVIDER during the Initial Term and any renewal terms as stated herein. IN NO EVENT WILL PROVIDER BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR LOSS OF USE, INCOME OR PROFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES. CUSTOMER will indemnify, hold harmless, and defend PROVIDER its Officers, Directors, affiliated companies, employees, agents and subcontractors from liabilities, claims or damages caused by the CUSTOMER's use of the Services. CUSTOMER agrees to not, under any circumstances, resell, retail, repackage for sale, or commercially distribute the Services, unless specifically authorized in the bid. Emery Telcom reserves the right at any time to adjust rates and prices upon notice to its customers. Further, Emery Telcom reserves the right to limit service to any customer that Emery Telcom determines in its sole discretion is negatively affecting Emery Telcom's network or other customers. Emery Telcom may take corrective actions (including but not limited to termination of service) for customers who have violated any term of use or have engaged in practices that could harm the network or other customers' utilization of Emery Telcom's services. Further, use of Emery Telcom's network for illegal or inappropriate actions is prohibited. Emery Telcom may provide customer information to appropriate legal authorities as direct by law or in the case of copyright infringement to those violated as directed legally upon notice to the customer. DEFAULT BY CUSTOMER. If the CUSTOMER accepts this bid and then breaches this Agreement, then PROVIDER shall be entitled to the remedies specified herein, or any other remedy available in law or equity, which remedies shall not be exclusive. If CUSTOMER fails to make a Monthly Payment within the time designated herein, then such amount shall incur interest at 1 %% per month. Further, PROVIDER shall have the right to terminate the Services. If PROVIDER terminates the Service for CUSTOMER's breach of this Agreement, then CUSTOMER agrees to pay any penalties as stated herein and any attorneys fees or other cost necessary for PROVIDER to collect such amounts due.. Initial To accept quoted price and terms above, sign this form below and return a copy, facsimile or itemized purchase order to: Emery Telcom, PO BOX 550, Orangeville, UT 84537,Attn. Amber Magnuson or FAX - (435) 888-3508 Estimate authorized by Name: Date: Signature: Title: AGENDA Page 30 of 137 Emery Telecommunications & Video, Inc. Quotation Emery Telecommunications & Video PO Box 550 Orangeville, UT 84537 Ph: (435) 636-3952 Fax: (435) 888-3508 Notes: This estimate is good for 30 days from the date shown below. Prices quoted are for quantities shown. Any and all changes will require a new written quotation from ETV. ETV will make necessary programming changes for 30 days following completion of installation. After 30 days, programming changes will incur a service charge. To: Moab City Moab Recreation and Aquatics Center 374 N Park Ave. Moab, UT 84532 Ph: (435)259-8226 Date 9/9/2014 Quote Sent By: Jon Faimalo Description *Hosted Phone System 48 Month Hardware Lease Option: - 2 Aastra 6757i Phones - 3 Aastra 6731 i Phones - 1 HP Procurve 8 Port POE Switch - 1 Cisco SPA 112 (Fax) - 1 UPS - Tax Included 8 Hours of Installation and Training (Includes Tax) Quote does not include any material or labor for internal wiring Total *This is a contract term of 48 months. Penalty of cancellation prior to contract term is $ 22.45 monthly for the remaining life of the contract. Up Front Montlhy Non -Recurring Recurring $ 39.00 $ 552.76 $ 552.76 $ 1,872.17 LIMITATION OF BID. In the absence of other agreements or arrangements, customer agrees to make a down payment equal to % of the quoted Non -recurring charges above upon acceptance of this quote. The remaining 'A payment will be due upon completion of installation. Customer agrees to pay to Emery Telecommunications & Video, Inc., when due, all amounts quoted herein as well as amounts due on subsequent authorized change orders related to this quote. As collateralization of all amounts due the customer hereby grants Emery Telecommunications & Video, Inc., a security interest in all equipment installed by Emery Telecommunications & Video, Inc., related to this quote and subsequent change orders. The customer hereby authorizes Emery Telecommunications & Video, Inc., to file a financing statement or other documents necessary to perfect Emery Telecommunicati ons & Video, Inc.'s security interest in such equipment. Emery Telecommunications & Video, Inc., shall remove such filings upon full payment of the debt and upon reques t by the customer. This is meant to be a bid only, and is not meant to cover all terms of providing service. This bid is only valid for 30 days from the date it is issued, unless signed by the CUSTOMER and accepted by the PROVIDER. LIMITED WARRANTY AND LIABILITY. PROVIDER will use commercially reasonable efforts, according to industry standards, to provide the Services on a 24-hour-a-day, 7- day-per-week basis. The CUSTOMER and PROVIDER acknowledge and agree that the advertised speeds may vary, and that PROVIDER may not be able to deliver the advertised speeds, or that the speeds may vary depending upon traffic or other factors. PROVIDER does not warrant that the Services will be provided without interruptions. PROVIDER MAKES THIS WARRANTY IN LIEU OF ALL OTHER WARRANTIES AND MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVID ER's liability and the exclusive remedy of CUSTOMER for damages associated with the installation, provision, termination, maintenance, repair or restoration of Services will be solely limited to an amount no greater than the amounts payable from CUSTOMER to PROVIDER during the Initial Term and any renewal terms as stated herein. IN NO EVENT WILL PROVIDER BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR LOSS OF USE, INCOME OR PROFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES. CUSTOMER will indemnify, hold harmless, and defend PROVIDER its Officers, Directors, affiliated companies, employees, agents and subcontractors from liabilities, claims or damages caused by the CUSTOMER'S use of the Services. CUSTOMER agrees to not, unde r any circumstances, resell, retail, repackage for sale, or commercially distribute the Services, unless specifically authorized in the bid. EmeryTelcom reserves the right at any time to adjust rates and prices upon notice to its customers. Further, Emery Telcom reserves the right to limit service to any customer that Emery Telcom det ermines in its sole discretion is negatively affecting EmeryTelcom's network or other customers. Emery Telcom may take corrective actions (including but not limited to t ermination of service) for customers who have violated any term of use or have engaged in practices that could harm the network or other customers' utilization of Eme ry Telcom's services. Further, use of Emery Telcom's network for illegal or inappropriate actions is prohibited. Emery Telcom may provide customer information to appropriate legal authorities as direct by law or in the case of copyright infringement to those violated as directed legally upon notice to the customer. DEFAULT BY CUSTOMER. If the CUSTOMER accepts this bid and then breaches this Agreement, then PROVIDER shall be entitled to the remedies specified herein, or any other remedy available in law or equity, which remedies shall not be exclusive. If CUSTOMER fails to make a Monthly Payment w ithin the time designated herein, then such amount shall incur interest at 1'A% per month. Further, PROVIDER shall have the right to terminate the Services. If PROV IDER terminates the Service for CUSTOMER'S breach of this Agreement, then CUSTOMER agrees to pay any penalties as stated herein and any attorneys fees or oth er cost necessary for PROVIDER to collect such amounts due.. Initial To accept quoted price and terms above, sign this form below and return a copy, facsimile or itemized purchase order to: Emery Telcom, PO BOX 550, Orangeville, UT 84537,Attn. Amber Magnuson or FAX - (435) 888-3508 Estimate authorized by Name: Date: Signature: Title: AGENDA Page 31 of 137 Phone Features AGENDA Page 32 of 137 Exceptional Features and Value in an Advanced Featured, Expandable IP Telephone The Aastra 6757i offers powerful features and flexibility in a standards based, carrier -grade advanced level expandable IP telephone. With a sleek and elegant design, large 144 x 128 pixel graphical backlit LCD display and 6 dynamic context - sensitive softkeys, the 6757i is fully interoperable with leading IP Telephony platforms, offering advanced XML capability to access custom applications and support for up to 9 calls simultaneously. The 6757i is ideally suited for executives and heavy telephone users who require more one touch feature keys and a large screen to take full advantage of XML based programs. Key Features and Benefits: ▪ Remarkable Audio All 67xi Series IP Telephones integrate Aastra Hi-QT"wideband audio technology to deliver enhanced performance and voice clarity. Aastra Hi-Q significantly improves the audio quality of calls offering a truly superior voice experience on each audio path — handset, hands -free speakerphone or headset port. It makes conversations more life -like giving a richer user experience and increasing productivity. ▪ XML Browser The Aastra 6757i is equipped with XML browser capabilities and an extra large display with dynamic softkeys to easily access customized services and applications. This feature provides unlimited potential to customize the 6757i to meet your specific business needs or vertical applications using the display and keypad. ▪ Enhanced Call Management The 6757i includes features such as shared call and bridged line appearances, call forward, call transfer, call waiting and 3-way conference providing enhanced call flexibility and control. ▪ Expandability The Aastra 6757i offers two different module extension options. It supports up to three Aastra M670i modules, each offering 36 keys with LED indicators to create a feature rich attendant console. Or, it will also support up to three of the advanced Aastra M675i modules, each offering 60 keys with a screen based LCD display and LED system. ▪ Simplified Deployment The Aastra family of IP telephones are designed to save your business time and money. Dual auto -sensing switched Ethernet ports eliminate additional wiring and simplify installations. Integrated IEEE 802.3af Power -over -Ethernet allows easy deployment with centralized powering and backun 33 of 137 J Aastra Cc Hi-Q� • Up to 9 lines with call appearances • Multi -proxy support • Distinctive ringing, priority alerting • XML support for productivity - enhancing applications • Personal directory • Call forward/Call transfer/Call waiting/Call timer • Caller and calling line information • Callers log • Local 3-way Conference • Intercom with auto -answer • Paging and auto -answer capabilities • Redial list • Do Not Disturb • Programmable number pad speed dial • Live dial pad support • Missed Call Notification • One -touch call transfer, conference or call park • Busy Lamp Field (BLF) • Shared call and bridged line appearances • Aastra Hi-Qrm Audio Technology*** AGENDA Feature Keys • Up to 9 lines with call appearances • 4 line/call appearance buttons with LEDs • 4 navigational keys • 12 customizable softkeys with LEDs, programmable up to 30 functions • 8 dedicated hard keys including Hold, Redial, Speakerphone/Headset toggle, Mute, Options, Goodbye, 2 volume keys Audio and Codecs • Aastra Hi-QT" Audio Technology*** • Hearing aid compatible (HAC) handset • Full -duplex quality speakerphone • Codecs: G.711 N-law / A -law, G.729, G.722 wideband, BV16, BV32, L16 • Independent volume setting for handset/speaker/headset • Echo cancellation • Comfort noise • Packet loss concealment • Modular Headset Connector with built- in amplifier • Electronic Hookswitch (EHS) support for wireless headsets • Voice Quality Metrics, including MOS Display and Indicator • 144x128 pixels graphical backlit LCD display • Soft white backlight for user comfort in any lighting environment • Backlight Auto -on setting with configurable timer (power saving) • LED for call and message waiting indication Security* • User and administrator level passwords for login • Encryption of configuration files • HTTPS configuration download and web management • Phone lock with PIN • Digest Authentication • Transport layer Security (TLS) • Secure Real -Time Protocol (SRTP) XML API Capabilities • Display control based on user actions or on events • Dynamic Phone Configuration • RTP Streaming control • CTI applications • See XML API Documentation for more details Interoperability • Visit www.aastratelecom.com/Ipphones for an up to date listing of approved vendor/interoperability Expansion Modules • Supports up to 3 M670i (536M)**** or M675i (560M)**** modules Localization • Multi-lingual support - English, French, Spanish, Italian, German > Downloadable language pack support for customization and additional language translations • Country -specific call progress tones and cadences • Latin1, Latin 2 Character set Protocol • IETF SIP (RFC3261) and associated RFCs Networking and Provisioning • Dual 10/100 Mbps switched Ethernet ports • Manual or Dynamic Host Configuration Protocol (DHCP) IP address setup • Support of multiple DHCP options: 66, 60, 43, 77, 159, 160 • Time and date synchronization using SNTP • Quality of Service (QOS) support - IEEE 802.1 p/Q VLAN and priority tagging, Type of Services (TOS), and Differentiated Services Code Point • Network Address Translation (NAT), STUN, TURN support • Integrated HTTP/HTTPS server for web administration and maintenance including a built-in troubleshooting section • Mass deployment via central provisioning of user configuration files - TFTP, FTP, HTTP, HTTPS • Redundant server support > DNS-SRV > Local backup registrar and/or proxy server • RTCP support (RFC1889) • RTP streaming for Paging and Intercom applications • IEEE 802.1x • LLDP-MED Power • AC adapter (48V DC) included • Integrated IEEE 802.3af Power Over Ethernet (PoE) support Package Contents • Aastra 6757i phone • Handset and coil cord • 2 x Footstand • AC adapter • Ethernet cable • Wall mounting kit • Installation Guide Physical • 23.5 cm Wx 20.8 cm Dx 8.0 cm H (9.3"W x 8.2"D x 3.2"H) • 940 g (33.0 oz) • 4 position footstand • Wall mountable Operating Conditions • Operating Conditions: > Temperature: 0°C to 50°C (32°F to 122°F) > Relative Humidity: 20%to 90%, non - condensing • Storage Temperature: -50°C to 70°C (-58°F to 158°F) Regulatory CE • ROHS compliant • WEEE(2002/96/EC) • CE Mark (89/336/EEC EMC Directive and 73/23/EEC Low Voltage Directive) EMC • FCC Part 15 Class B • ICES-003 Class B • AS/NZS 3548 Class B • EN55022 Class B • CISPR22 Class B • EN55024 • EN61000 4-2, 4-3, 4-4, 4-5, 4-6, 4-8, 4-11 Safety • CAN/CSA C22.2 No. 60950 • EN 60950 • UL 60950-1 Telecom • FCC Part 68 (Hearing Aid Compatibility) • AS/ACIF S004 Part Numbers • A1757-0131-10-01 - NA power adapter included. English Kpad. • A1757-0131-10-55 - Univ power adapter included. Symbol Kpad. * Feature availability dependant on the IP Telephony System ** Not available on 3-way conference scenarios *** Requires proper setup of G.722 wideband codec **** Some products may reflect former name Aastra Technologies 155 Snow Blvd. Concord, Ont., L4K 4N9 - Canada T 1 905 760 4200 F 1 905 760 4233 www.aastra.com i4►STIZA Copyright © 2010 Aastra Technologies Ltd. All rights reserved. Information in this document is tii, Wp..,t�ghmgq mirout notice. u sumes no responsibility for any errors that may appear in this document. Pro p li s Mscribed in this document Aastra Telecom's marketing activities in the U.S. and Canada. Availability in other markets may vary. AGENDA .1111111I timpR f 1! 1• MUM NO Mein ve U mil NM la OEM ILIUM 111 Exceptional Value in an entry level, feature rich IP Phone The Aastra 6731i offers exceptional features and flexibility in a enterprise grade IP telephone. With a sleek, elegant design and a compact footprint, this multi -line SIP telephone delivers the advanced features and performance traditionally found only in higher priced products. Featuring a 3 line LCD display, the 6731i supports up to 6 lines with call appearances, offers advanced XML capability to access custom applications and is fully interoperable with leading IP-PBX platforms. Supported by a host of Aastra configuration options and product enhancements via software releases, the value offered by the 6731i makes it is ideally suited for daily telephone use for the small and large business market and enterprise applications. Key Features and Benefits: Remarkable Audio All67xi Series IP Telephones integrate Aastra Hi-QTMwideband audio technology to deliver enhanced performance and voice clarity. Aastra Hi-Q significantly improves the audio quality of calls offering a truly superior voice experience on each audio path - handset, hands -free speakerphone or headset. It makes conversations more life -like giving a richer user experience and increasing productivity. XML Support The 6731i is equipped with XML browser capabilities allowing access to customized services and applications. This allows creation of internal service applications using development guides available from Aastra. This feature provides unlimited potential to customize the 6731i to meet your specific business needs or vertical and CTI applications using the display and keypad. Enhanced Call Management With extensive storage capacity for personal directories, callers logs and redial lists, the Aastra 6731i can improve efficiency by providing more call information with the push of a button. This includes features such as shared call and bridged line appearances, call forward, call transfer, call waiting, intercom and 3-way conference providing enhanced call flexibility and control. Simplified Deployment From initial deployment and configuration to future enhancements and upgrades, the Aastra 6731i is designed to save your business time and money. Dual auto -sensing switched Ethernet ports eliminate additional wiring and simplify installations. Integrated IEEE 802.3af Power -over -Ethernet allows easy deployment with centralized powering and backup. Easily created configuration files, using any text editor and a variety of communication protocols, can be used to configure phones individually or centrally. Page 35 of 137 Aastra CcHi-Q Up to 6 lines with call appearances Multi -proxy support Distinctive ringing, priority alerting XML support for productivity - enhancing applications Personal directory Call forward/Call transfer/Call waiting/Call timer Caller and calling line information Callers log Local 3-way Conference Intercom with auto -answer Paging and auto -answer capabilities Redial list Do Not Disturb Programmable number pad speed dial Live dial pad support Missed Call Notification One -touch call transfer, conference or call park Busy Lamp Field (BLF) Shared call and bridged line appearances Aastra Hi-Qrm Audio Technology*** AGENDA o N Feature Keys Up to 6 lines call appearances with LEDs. 2 dedicated keys 4 navigational keys Up to 8 programmable keys with LEDs. Pre-programmed functions include: Save, Delete, Directory and Services 10 dedicated hard keys including: Transfer, Conference, Hold, Redial, Mute, 2 volume keys, Speakerphone, Options, Goodbye and Callers List Audio and Codecs • Aastra Hi-QT" Audio Technology*** Hearing aid compatible (HAC) handset Full -duplex quality speakerphone Codecs: G.711 µ-law / A -law, G.729, G.722 wideband, BV16, BV32, L16 Independent volume setting for handset/speakerphone Echo cancellation Comfort noise Packet loss concealment Headset mode support (via handset jack) • Voice Quality Metrics, including MOS Display and Indicators 3 line LCD display LED for call and message waiting indication Security* User and administrator level passwords for login Encryption of configuration files HTTPS configuration download and web management Phone lock with PIN Digest Authentication Transport layer Security (TLS)** Secure Real -Time Protocol (SRTP)** XML API capabilities • Display control based on user actions or on events Dynamic Phone Configuration RTP Streaming control CTI applications See XML API Documentation for more details Interoperability Visit www.aastratelecom.com/Ipphones for an up to date listing of approved vendor/interoperability Localization Multi-lingual support - English, French, Spanish, Italian, German Downloadable language pack support for customization and additional language translations Country -specific call progress tones and cadences Latin1, Latin 2 Character set Protocol • IETF SIP (RFC3261) and associated RFCs Networking and provisioning Dual 10/100 Mbps switched Ethernet ports (LAN and PC ports)**** Manual or Dynamic Host Configuration Protocol (DHCP) IP address setup Support of multiple DHCP options: 66, 60, 43, 77, 159, 160 Time and date synchronization using SNTP Quality of Service (QOS) support - IEEE 802.1 p/Q VLAN and priority tagging, Type of Services (TOS), and Differentiated Services Code Point Network Address Translation (NAT), STUN, TURN support Integrated HTTP/HTTPS server for web administration and maintenance including a built-in troubleshooting section Mass deployment via central provisioning of user configuration files - TFTP, FTP, HTTP, HTTPS Redundant server support DNS-SRV Local backup registrar and/or proxy server RTCP support (RFC1889) RTP streaming for Paging and Intercom applications IEEE 802.1x LLDP-MED Power Integrated IEEE 802.3af Power Over Ethernet (PoE) support AC adapter (48V DC) sold separately. (Only included with A6731-0131-10-02) Package content • Aastra 6731i phone • Handset and coil cord • 2 x Footstand Ethernet cable Programmable keys label - Wall mounting kit Documentation CD AC adapter (see SKU) Physical 17.8cm W x 20.8cm D x 7.7cm H (7" W x 8.2"D x 3 "H) 791 g (25.4 oz) Operating conditions • Operating Conditions: > Temperature: 0°C to 50°C (32°F to 122°F) > Relative Humidity: 20%to 90%, non - condensing Storage Temperature: -50°C to 70°C (-58°F to 158°F) Certifications CE /Europe • ROHS compliant WEEE(2002/96/EC) CE Mark (89/336/EEC EMC Directive and 73/23/EEC Low Voltage Directive) EMC FCC Part 15 Class B ICES-003 Class B AS/NZS 3548 Class B EN55022 Class B CISPR22 Class B EN55024 EN61000 4-2, 4-3, 4-4, 4-5, 4-6, 4-8, 4-11 Safety CAN/CSA C22.2 No. 60950 EN 60950 • UL 60950-1 Telecom FCC Part 68 (Hearing Aid Compatibility) Part Numbers US A6731-0131-10-01 - Power adapter sold separately. Eng Kpad. A6731-0131-10-02 - NA power adapter included. Eng Kpad. All other regions A6731-0131-10-55 - Power adapter sold separately. Symbol Kpad. Recommended Power Adapters Level 5 energy efficiency rated • 87-00012AAA-A (Europe) 87-00013AAA-A (North America) D6700-0131-48-20 (Universal) * Feature availability dependant on the IP Telephony System ** Not available on 3-way conference scenarios *** Requires proper setup of G.722 wideband codec **** PC port performance may vary based on phone usage and network requirements of PC applications Aastra Technologies 155 Snow Blvd. Concord, Ont., L4K 4N9 - Canada T 1 905 760 4200 F 1 905 760 4233 www.aastra.com Q STRA Copyright © 2013 Aastra Technologies Ltd. All rights reserved. Information in this document is TuF.lprdtqEigq 317hout notice. responsibility for any errors that may appear in this document. Product capabi i es c%scn'lied in this document astra's marketing activities in the U.S. and Canada. Availability in other markets may vary. AGENDA Exceptional Features and Value in an Advanced Featured, Expandable, Mobile IP Telephone The Aastra 6757i CT offers powerful features and flexibility in a standards based, carrier -grade advanced level, expandable, IP telephone that includes an integrated WDCT cordless mobility handset for coverage up to 300,000 sq ft. With a sleek and elegant design, large 144 x 128 pixel graphical backlit LCD display and 6 dynamic context -sensitive softkeys, the 6757i CT base unit is fully interoperable with leading IP Telephony platforms, offering advanced XML capability to access custom applications and support for up to 9 calls simultaneously. Key Features and Benefits: • Mobility Employing secure WDCT cordless technology, the Aastra 6757i CT expands VoIP beyond the desktop without the need for a separate wireless network. The 6757i CT increases flexibility and efficiency for those not tied to a desk. * Remarkable Audio All 67xi Series IP Telephones integrate Aastra Hi-Q'" wideband audio technology to deliver enhanced performance and voice clarity. Aastra Hi-Q significantly improves the audio quality of calls offering a truly superior voice experience on each audio path - handset, hands -free speakerphone or headset port. It makes conversations more life -like giving a richer user experience and increasing productivity. ▪ XML Browser The Aastra 6757i CT is equipped with XML browser capabilities and an extra large display with dynamic softkeys to easily access customized services and applications. This feature provides unlimited potential to customize the 6757i CT to meet your specific business needs or vertical applications using the display and keypad. • Enhanced Call Management The 6757i CT includes features such as shared call and bridged line appearances, call forward, call transfer, call waiting and 3-way conference providing enhanced call flexibility and control. * Expandability The Aastra 6757i CT offers two different module extension options. It supports up to three Aastra M670i modules, each offering 36 keys with LED indicators to create a feature rich attendant console. Or, it will also support up to three of the advanced Aastra M675i modules, each offering 60 keys with a screen based LCD display and LED system. � Simplified Deployment The Aastra family of IP telephones are designed to save your business time and money. Dual auto -sensing switched Ethernet ports eliminate additional wiring and simplify installations. Integrated IEEE 802.3af Power -over -Ethernet allows ployment with centralized powering and backligge 37 of 137 AGENDA Aastra Cc Hi-Q� • Up to 9 lines with call appearances • Multi -proxy support • Distinctive ringing, priority alerting • XML support for productivity - enhancing applications • Personal directory • Call forward/Call transfer/Call waiting/Call timer • Caller and calling line information • Callers log • Local 3-way Conference • Intercom with auto -answer • Paging and auto -answer capabilities • Redial list • Do Not Disturb • Programmable number pad speed dial • Live dial pad support • Missed Call Notification • One -touch call transfer, conference or call park • Busy Lamp Field (BLF) • Shared call and bridged line appearances • One handset included with the 6757i CT; expandable up to 4 handsets • 2.4 GHz Frequency Hopped Spread Spectrum (FHSS). WDCT technology • Coverage up to 300,0001 sq. feet • Vibration alerter • Headset support • Aastra Hi-Qn"Audio Technology*** 0 0 v Feature Keys 6757i CT Base • Up to 9 lines with call appearances • 4 line/call appearance buttons with LEDs • 4 navigational keys • 12 customizable softkeys with LEDs, programmable up to 30 functions • 8 dedicated hard keys including Hold, Redial, Speakerphone/Headset toggle, Mute, Options, Goodbye, 2 volume keys 6757i CT Cordless Handset • 2 context -sensitive softkeys • 8 predefined hard keys: Goodbye, Hold, Mute, Redial, Function, Menu, 2 volume keys • Programmable function key supports up to 20 functions for tight integration to the 6757i CT base features Audio and Codecs 6757i CT Base • Aastra Hi-Q" Audio Technology*** • Hearing aid compatible (HAC) handset • Full -duplex quality speakerphone • Codecs: G.711 N-law / A -law, G.729, G.722 wideband, BV16, BV32, L16 • Independent volume setting for handset/ speaker/headset • Echo cancellation • Comfort noise • Packet loss concealment • Modular Headset Connector with built-in amplifier • Electronic Hookswitch (EHS) support for wireless headsets • Voice Quality Metrics, including MOS 6757i CT Cordless Handset • 2.5 mm Headset compatible Display and Indicator 6757i CT Base • 144x128 pixels graphical backlit LCD display • Soft white backlight for user comfort in any lighting environment • Backlight Auto -on setting with configurable timer (power saving) • LED for call and message waiting indicator 6757i CT Cordless Handset • 5 lines backlit LCD display Security* • User and administrator level passwords for login • Encryption of configuration files • HTTPS configuration download and web management • Phone lock with PIN • Digest Authentication • Transport layer Security (TLS) • Secure Real -Time Protocol (SRTP) XML API Capabilities • Display control based on user actions or on events • Dynamic Phone Configuration • RTP Streaming control • CTI applications • See XML API Documentation for more details Interoperability • Visit www.aastratelecom.com/Ipphones for an up to date listing of approved vendor/ interoperability Expansion Modules • Supports up to 3 M670i (536M)**** or M675i (560M)**** modules Localization • Multi-lingual support— English, French, Spanish, Italian, German > Downloadable language pack support for customization and additional language translations • Country -specific call progress tones and cadences • Latin 1, Latin 2 Character set Protocol • IETF SIP (RFC3261) and associated RFCs Networking and Provisioning • Dual 10/100 Mbps switched Ethernet ports • Manual or Dynamic Host Configuration Protocol (DHCP) IP address setup • Support of multiple DHCP options: 66, 60, 43, 77, 159, 160 • Time and date synchronization using SNTP • Quality of Service (QOS) support — IEEE 802.1 p/Q VLAN and priority tagging, Type of Services (TOS), and Differentiated Services Code Point • Network Address Translation (NAT), STUN, TURN support • Integrated HTTP/HTTPS server for web administration and maintenance including a built-in troubleshooting section • Mass deployment via central provisioning of user configuration files — TFTP, FTP, HTTP, HTTPS • Redundant server support > DNS-SRV > Local backup registrar and/or proxy server • RTCP support (RFC1889) • RTP streaming for Paging and Intercom applications • IEEE 802.1x • LLDP-MED Power 6757i CT Base • AC adapter (48V DC) included • Integrated IEEE 802.3af Power Over Ethernet (PoE) support 6757i CT Cordless Handset • AC adapter for charging stand • Nickel Metal Hydride battery — 4 day standby time, 4 hour talktime Package Contents • 6757i CT Base phone • Handset and coil cord • 2x Footstand • AC adapter for base • Ethernet Cable • Wall mount kit • Installation Guide • Aastra CT cordless handset • Belt clip and battery (NiMH) • Charging stand with AC adapter Physical 6757i CT Base • 23.5 cm W x 20.8 cm D x 8.0 cm H (9.3"Wx 8.2"D x 3.2"H) • 940 g (33.0 oz) • 4 position footstand • Wall mountable 6757i CT Cordless Handset • 13.7 cm L x 4.6 cm W x 1.9cm H (5.4"L x 1.8"W x 0.8"H) • 133 g (4.7 oz.) Operating Conditions • Operating Conditions: > Temperature: 0°C to 50°C (32°F to 122°F) > Relative Humidity: 20%to 90%, non - condensing • Storage Temperature: -50°C to 70°C (-58°F to 158°F) Regulatory Europe • ROHS compliant • WEEE(2002/96/EC) EMC • FCC Part 15 Class B • ICES-003 Class B • AS/NZS 3548 Class B • EN55022 Class B • CISPR22 Class B • EN55024 • EN61000 4-2, 4-3, 4-4, 4-5, 4-6, 4-8, 4-11 Safety • CAN/CSA C22.2 No. 60950 • EN 60950 • UL 60950-1 Telecom • FCC Part 68 (Hearing Aid Compatibility) • AS/ACIF S004 RF • FCC Part 15 Class C • AS/NZS 4771 Part Numbers • A1758-0131-10-01 NA power adapter included. English Kpad. • A1758-0131-10-05 NA power adapter included. Symbol Kpad. * Feature availability dependant on the IP Telephony System ** Not available on 3-way conference scenarios *** Requires proper setup of G.722 wideband codec **** Some products may reflect former name Aastra Technologies 155 Snow Blvd. Concord, Ont., L4K 4N9 - Canada T 1 905 760 4200 F 1 905 760 4233 www.aastra.com A sTRA Copyright © 2010 Aastra Technologies Ltd. All rights reserved. Information in this document is ygbjg,t.tQAitagq without notice. sumes no responsibility for any errors that may appear in this document. ProdutMpnflitfds scribed in this document Aastra Telecom's marketing activities in the U.S. and Canada. Availability in other markets may vary. AGENDA me gloom j isk iit9 16. Most o f Lib-8. References AGENDA Page 39 of 137 Price City 185 East Main Price, UT 84501 Bret Cammans IT and Customer Service Manager (435)636-3164 Eastern Utah Community Credit Union 675 E 100 N Price, UT 84501 Bruce Yost Chief Financial Officer (435)637-2443 References AGENDA Page 40 of 137 The City of Moab will evaluate systems based on in -person equipment/software demonstrations and other criteria as outlined. It is the responsibility of the bidder to ensure that the proposal complies with this RFP and provides the information requested. If the Consultant fails to provide any information requested in this RFP, such failure may result in either a lowered evaluation score of the proposal or disqualification of the proposal. A system demonstration is required or the proposal will not be considered. The evaluation criteria shall be as follows: • System functionality — 25%, • Hardware functionality (including ease of use) — 30% • Technical support (guaranteed response time) and Training — 20% • Price — 20% • Customer references — 5% The City may elect to adjust the needs eliminate or add locations based on qualified responses to this Request for Proposals. inquiries All inquiries relating to the proposal procedure should be submitted in writing to Rachel Stenta, City Recorder/Assistant City Manager (rstenta@moabcity.org). Answers will be distributed in an addendum if necessary. Do not directly contact City officers or employees. Sign this RFP below and submit detailed documents with proposal. Name of Firm: l,Lt 0:2, Signed: Printed Name: (-130 tv\ � Addendum Received: % 11 2d l y Date: I 1 2—zU (.1 Title:fu 5S ! p2 1v)i✓ Request for Proposals —Telephone System Page 3 of 4 AGENDA Page 41 of 137 / / AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 14, 2o14 / / Agenda item #: 6-3 Title: Approval of Local Consent for a Special Use Permit for Industrial and Manufacturing of Alcohol for Sundial Medicinals, LLC Located at 484 Sundial Drive Fiscal Impact: N/A Staff Presenter(s): Rachel Stenta, City Recorder Department: City Recorder Applicant: Emily Stock Background/Summary: The applicant currently operates a business (Sundial Medicinals) located at 484 Sundial Drive under a Home Occupation License for the purpose of herbal craft — salves, lip balms, massage oils, bath soaks and extracts. Ms. Stock is applying with the state of Utah, DABC (Division of Alcoholic Beverage Control) for a Special Use Permit for Industrial and Manufacturing of alcohol to enable her to store and prepare medicinal products that contain alcohol in her workshop as part of her business. Since this is the first request for local consent of this type of permit for the City, I reviewed the applicable sections of State Code and also spoke to DABC to confirm that there are no proximity requirements for this type of license. 1 Options: Approve, deny or table. Staff Recommendation: Staff recommends granting of the local consent. Recommended Motion: I move to approve granting of Local Consent for a Special Use Permit for Industrial and Manufacturing of Alcohol for Sundial Medicinals, LLC Located at 484 Sundial Drive. Attachment(s): Local Consent Form Explanatory e-mail from applicant Blank DABC application for permit AGENDA Page 42 of 137 LOCAL CONSENT SPECIAL USE PERMIT (Industrial & Manufacturing) Utah Department of Alcoholic beverage Control Licensing and Compliance Section 1625 So 900 West PO Box 30408 Salt Lake City, Utah 84130 • Gentlemen: Date /2-L-f liq (City)(Town)(County) hereby grants its consent to the issuance of a special use permit to • i vi C( a (4 kolas y \IL-- special use permittee, located at `ii 914 C,� ��, iAl SV . , pursuantio the provisions of Section 32B-10 Utah Code, for the purpose of purchase, storage, sale, • consumption and/or other lawful use of alcoholic products as authorized by the Utah . Department of Alcoholic Beverage Control. 7.01.11 v7.18 • ' Authorized Signature page 5 of 16 Name/Title Q Z W Page 43 of 137 10/10/2014 City of Moab Mail - Information - Industrial and manufacturing special use permit Gm I brt ;{ .1-3fc Rachel Stenta <rstenta@moabcity.org> Information - Industrial and manufacturing special use permit Sundial Medicinals <sundialmedicinals@gmail.com> Fri, Oct 10, 2014 at 8:03 AM To: Rachel Stenta <rstenta@moabcity.org> Dear City Council Members, Thank you for taking time to review my permit application for the Industrial and Manufacturing Special Use Permit, issued by the Utah Dept. of Alcoholic Beverage Control. I'd like to provide you with little background information. I work in the field of herbal medicine, and my small business, Sundial Medicinals, LLC, has been doing well in Moab over the past three years or so. I make teas, oils, salves, extracts, and other forms of herbal body care and medicine. Through this permit, my goal is to source alcohol for my tincture line from organic and high quality producers (and smaller companies). This permit will enable me to store and prepare medicinal products that contain alcohol in my workshop, which is in my residence on Sundial Drive. If you have any questions before the meeting, please don't hesitate to contact me. I will also be present at the meeting next week to answer any questions that may arise at that time. Thanks again, Emily Stock (435)260.8556 sundialmedicinals@gmail.com [Quoted text hidden] AGENDA Page 44 of 137 e.com/mail/u/0/?ui=2&ik=Obf0a4325f&view=pt&search=inbox&msg=148fa5ef982eec4d&sim1=148fa5ef982eec4d 1 /1 UTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 1625 South 900 West • PO Box 30408 • Salt Lake City, UT 84130-0408 • (801) 977-6800 • FAX (801) 977-6888 www.abc.utah.gov SPECIAL USE PERMIT (INDUSTRIAL & MANUFACTURING) APPLICATION CHECKLIST The items below must be completed and submitted by the 10th of the month before any action can be taken by the Utah Alcoholic Beverage Commission. You will be notified of the next monthly meeting at which your application will be considered. 1. Completed application (form enclosed). 2. Local consent from city/town council or county commission, whichever is applicable. 3. Criminal History Background check information (see application). 4. If applicant will be producing gasohol or any other alcoholic products, submit copy of federal permit from U.S. Alcohol and Tobacco Tax and Trade Bureau 5. Scaled floor plan of premises highlighting areas where alcoholic products will be stored, used, mixed, sold or consumed. 6. $1,000 special permit cash or corporate surety bond (form enclosed). 7. $250 application fee (nonrefundable). 8. $75 one time permit fee. Make checks payable to UDABC. Enclosed for your information are copies of Utah law and DABC rules pertaining to special use permits. If you have any Questions concerning these forms or the application process, please contact licensing and compliance at (801) 977-6800. 7.01.11 v7.18 page 1 of 16 AGENDA Page 45 of 137 UTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL APPLICATION FOR SPECIAL USE PERMIT (Industrial & Manufacturing) 1. Applicant/Organization: 2. Business Name: 3. Location: 4. Mailing Address: 5. Business phone: Street City State Zip Street P O Box City State Zip Other phone: Fax: 6. Contact person: E-mail: 7. Ownership: Check appropriate box and provide the requested information in the space below. (add additional sheets if necessary) Applicant is an individual: List below information for: (a) Individual Applicant is a partnership: List below information for: (a) All Partners [] [] [] [] TITLE Applicant is a corporation: List below information for: (a) Any Stockholder owning at least 20% of the corporation (b) All Corporate officers and Directors Applicant is a limited liability company (LLC): List below information for: (a) Any members owning at least 20% of the company NAME HOME ADDRESS HOME PHONE# DR LIC# SS# DOB %OWNED Are you a United States Citizen? If no, must attach a copy of residency status. TITLE NAME HOME ADDRESS HOME PHONE# DR LIC# SS# DOB Are you a United States Citizen? If no, must attach a copy of residency status. TITLE NAME HOME ADDRESS HOME PHONE# DR LIC# %OWNED SS# DOB Are you a United States Citizen? If no, must attach a copy of residency status. TITLE NAME HOME ADDRESS HOME PHONE# DR LIC# %OWNED S S# DOB Are you a United States Citizen? If no, must attach a copy of residency status. 7.01.11 v7.18 page 2 of 16 %OWNED AGENDA Page 46 of 137 8. Criminal History. The law prohibits persons who have been convicted of certain crimes from being in the alcoholic beverage business. This applies to any applicant, proprietor, partner, managing agent, director, or officer of the business. This also applies to any stockholder owning at least 20% of the corporation stock, or if a limited liability company, any member owning at least 20% of the company. Please list all criminal offenses other than minor traffic offenses of which you or any of these persons (including persons listed in subparagraph 5) have ever been convicted. NAME CRIMINAL OFFENSE DATE OF CONVICTION In addition, a criminal history background check must be furnished on each person listed above and in subparagraph 5. This may be done as follows: a. Utah residents: If any person listed has been a resident of Utah for at least two years, he/she shall submit a fingerprint card to the DABC and consent to a fingerprint criminal background check by the Utah Bureau of Criminal Identification. b. Non Residents: Out of state residents or persons who have resided in Utah for less than two years shall submit a fingerprint card to the DABC and consent to a fingerprint criminal background check by the Federal Bureau of Investigation (F.B.I). An informed consent and release of liability form is included with this application. Fingerprint cards are available at law enforcement agencies. You may download the fingerprint card at this web address: http://www.fbi.gov/hq/cjisd/pdf/fpcardb.pdf Submit the form(s) to the DABC with a processing fee of: • $20.00 per card for BCI background checks, or • $39.25 per card for FBI background checks. In the case of an undue delay in the processing of a B.C.I or F.B.I. criminal background check, here are the rules and procedures for obtaining a third -party national background check: An application that requires a B.C.I or F.B.I. criminal history background report(s) may be included on a commission meeting agenda, and may be considered by the commission for issuance of a license, permit, or package agency if: 1). the applicant has completed all requirements to apply for the license, permit, or package agency other than the department receiving the B.C.I or F.B.I. criminal history background report(s); 2). the applicant attests in writing that he or she is not aware of any criminal conviction of any person identified in the application that would disqualify the applicant from applying for and holding the license, permit, or package agency; 3). the applicant has submitted to the DABC the necessary fingerprint card(s) required for the application and consented to the fingerprint criminal background check(s) by the B.C.I. or F.B.I. 4). the applicant at the time of application supplies the department with a current criminal history background report conducted by a third -party background check reporting service on any person for which an F.B.I. background check is required; and 5). the applicant stipulates in writing that if a B.C.I. or F.B.I. report shows a criminal conviction that would disqualify the applicant from holding the license, permit, or package agency, the applicant shall immediately surrender the license, permit, or package agency to the department. A suggested attestation/stipulation letter that satisfies the above requirements is enclosed. A third -party national criminal background check can be obtained by; • searching the yellow pages under Background Screening • searching the intemet under Background Screening or Background Checks 7.01.11 v7.18 page 3 of 16 AGENDA Page 47 of 137 Because the DABC is State Agency, we cannot recommend any one background screening service over another. It is your responsibility however, to obtain the most complete, nationwide, criminal history available for the application process. 9. List types of alcoholic products to be utilized and purpose: 10. List location for storage of alcoholic products: 11. By signing below, the applicant attests that: a) the applicant is at least 21 years of age. b) consent is granted to representatives of the Alcoholic Beverage Control Department, Commission, State Bureau of Investigation (Bureau of Alcoholic Beverage Law Enforcement), and other law enforcement agencies to be admitted immediately and permitted without hindrance or delay to inspect the entire premises and all records of the permit holder. c) he/she has read and will abide by the provisions of Section 32B-10, Utah Code and all rules and directives of the Utah Department of Alcoholic Beverage Control; and understands that failure to adhere thereto shall constitute grounds for removal of said permit. d) the applicant does not and will not discriminate against persons on the basis of race, color, sex, religion, ancestry, or national origin. e) he/she has read and understands the statements made herein; that execution thereof is done voluntarily and by authorization of said organization, and that any false statement made on this application or any related document is a second degree felony. 12. The undersigned hereby makes application to the Utah Alcoholic Beverage Control Commission for a Special Use (Industrial & Manufacturing) permit and certifies that the information contained herein to be true and correct. Date: Applicant/owner of business Authorized signature Name/title 7.01.11 v7.18 page 4 of 16 STATE OF COUNTY OF Subscribed & sworn to before me this day of Notary Public SEAL: AGENDA Page dR of 117 LOCAL CONSENT SPECIAL USE PERMIT (Industrial & Manufacturing) Date Utah Department of Alcoholic Beverage Control Licensing and Compliance Section 1625 So 900 West PO Box 30408 Salt Lake City, Utah 84130 Gentlemen: (City)(Town)(County) hereby grants its consent to the issuance of a special use permit to special use permittee, located at , pursuant to the provisions of Section 32B-10 Utah Code, for the purpose of purchase, storage, sale, consumption and/or other lawful use of alcoholic products as authorized by the Utah Department of Alcoholic Beverage Control. 7.01.11 v7.18 page 5 of 16 Authorized Signature Name/Title AGENDA Page 49 of 137 UTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL SPECIAL USE PERMIT BOND (Industrial and Manufacturing) BOND # KNOW ALL PERSONS BY THESE PRESENTS: That principal, , a special alcohol use permittee, and surety, , a corporation organized and existing under the laws of the state of , and authorized to do business in Utah, are held and bound unto the Department of Alcoholic Beverage Control in the sum of $1,000, for which payment will be made, we hereby bind ourselves and our representatives, assigns, and successors firmly by these presents. Dated this day of , THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the above principal has made application to the Utah Alcoholic Beverage Control Commission for a special alcohol use permit pursuant to the provisions of Title 32B-10, Utah Code. NOW, THEREFORE, if said principal, its officers, agents and employees shall faithfully comply with the provisions of Title 32B, Utah Code, and the rules of the Alcoholic Beverage Control Commission adopted thereunder, then this bond shall be void. But, if said principal, its officers, agents and employees fail to comply with the provisions of said laws, rules, and directives or orders as the department or commission may issue, then this bond shall be in full force and effect and payable to the Department of Alcoholic Beverage Control. This bond shall run for a continuing term effective unless canceled by service of written notice upon the department, which cancellation shall be effective thirty (30) days after receipt of such notice, provided however that no part of this bond may be withdrawn or canceled while violations, legal actions, or proceedings are pending against said permittee/principal. Surety Principal Attorney in fact Authorized signature 7.01.11 v7.18 page 6 of 16 Name/title AGENDA Page 50 of 137 STATUTORY AFFIDAVIT FOR CORPORATE SURETY STATE OF: COUNTY OF: On the day of , personally appeared before me, , who, being by me duly sworn, did say that he / she is the attorney in fact of , Surety, and that said instrument was signed in behalf of said surety by authority, and acknowledged to me that he / she as such attorney in fact executed the same. Notary Public Signature & Seal Note: Corporate surety's own affidavit also acceptable 7.01.11 v7.18 page 7 of 16 AGENDA Page 51 of 137 INFORMED CONSENT AND RELEASE OF LIABILITY PURPOSE: To determine, in accordance with Utah Code 32B-1-305, 306, and 307, if an applicant with the Department of Alcoholic Beverage Control has been: convicted of a felony under federal or state law; convicted of a violation of a federal law, state law, or local ordinance concerning the sale, manufacture, distribution, warehousing, or transportation of an alcoholic beverage; convicted of a crime involving moral turpitude; convicted on two or more occasions within the previous five years, driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug. RELEASE I hereby authorize the Department of Alcoholic Beverage Control (DABC) to investigate my criminal history records to ascertain any and all information which may be pertinent to my qualifications as an applicant with the DABC. The release of any and all information is authorized whether it is of record or not, and I do hereby release all persons, firms, agencies, companies, groups or installations, whomsoever, from any damages of or resulting from, furnishing such information to the DABC. I further agree that a copy of this release will remain in my application file. Name (please print; last, first, middle initial) Driver License# or ID card# / state issued Formerly used last names (please print) Applicant/ doing business as Signature Date 7.01.11 v7.18 page 8 of 16 AGENDA Page 52 of 137 (suggested attestation/stipulation letter to the DABC for a third -party national criminal background check) Date: To whom it may concern: I, , attest: 1. That I have submitted to the DABC the necessary fingerprint card(s) required for the application and consented to the fingerprint criminal background check(s). 2. That I am not aware of any criminal conviction that would disqualify me from applying for and holding a Utah Department of Alcoholic Beverage Control license or permit. I stipulate that if a criminal history report shows a criminal conviction that would disqualify me from holding the license, permit, or package agency, I shall immediately surrender the license, permit, or package agency to the department. I am enclosing a national criminal history background report from a third party background check reporting service. Signature Name/Title 7.01.11 v7.18 page 9 of 16 AGENDA Page 53 of 137 7.01.11 v7.18 TITLE 32B - ALCOHOLIC BEVERAGE CONTROL ACT (Updated through July 2011) Part 1 General Provisions 32B-10-101. Title. This chapter is known as the "Special Use Permit Act." 32B-10-102. Definitions. As used in this chapter, "special use permit" means a special use permit issued under this chapter, including: (1) a religious wine use permit; (2) an industrial or manufacturing use permit; (3) a scientific or educational use permit; and (4) a public service permit. Part 2 Commission's power to issue special use permit 32B-10-201. Commission's power to issue special use permit. (1) Before a person may purchase, use, store, sell, offer for sale, allow consumption, or manufacture an alcoholic product in a manner that requires a special use permit, the person shall first obtain a special use permit in accordance with this chapter. (2) (a) The commission may issue a special use permit for the purchase, use, storage, sale, offer for sale, consumption, or manufacture of an alcoholic product for a limited purpose specified by this chapter and the rules of the commission. (b) A special use permit authorizes the special use permittee to purchase, use, store, sell, offer for sale, consume, or manufacture an alcoholic product only in the quantity, in a type, and for a purpose stated in the special use permit. 32B-10-202. Application for special use permit -- Qualifications. (1) To obtain a special use permit, a person shall submit to the department: (a) a written application in a form prescribed by the department; (b) a nonrefundable application fee, if required by the relevant part of this chapter applicable to the type of special use permit for which the person applies; (c) an initial permit fee: (i) if required by the relevant part of this chapter applicable to the type of special use permit for which the person applies; and (ii) that is refundable if a special use permit is not issued; (d) a one-time special use permit fee if required by a section of this chapter: (i) applicable to the type of special use permit for which the person applies; and (ii) that is refundable if a special use permit is not issued; (e) a statement of the purpose for which the person applies for the special use permit; (0 a description of the types of alcoholic product the person intends to use under authority of the special use permit; (g) written consent of the local authority; (h) if required, a bond as provided in Section 32B-10-205; page 10 of 16 AGENDA Page 54 of 137 (i) a floor plan of the immediate area within the premises in which the person proposes that an alcoholic product will be used, mixed, stored, sold, or consumed if required by the relevant part of this chapter applicable to the type of special use permit for which the person applies; (j) a signed consent form stating that the special use permittee will permit any authorized representative of the commission, department, or any other law enforcement officer to have unrestricted right to enter the special use permittee's premises; (k) if the person is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity; and (1) any other information the commission or department may require. (2) (a) The commission may issue a special use permit only to a person who qualifies as follows: (i) the commission may issue a religious wine use permit to a religious organization; (ii) the commission may issue an industrial or manufacturing use permit to a person engaged in an industrial or manufacturing pursuit; (iii) the commission may issue a scientific or educational use permit to a person engaged in a scientific or educational pursuit; and (iv) the commission may issue a public service permit to an operator of an airline, railroad, or other public conveyance. (b) The commission may not issue a special use permit to a person who is disqualified under Section 32B-1-304. (c) If a person to whom a special use permit is issued no longer possesses the qualifications required by this title for obtaining that special use permit, the commission may suspend or revoke that special use permit. 32B-10-203. Renewal of special use permit. (1) A special use permit expires on December 31 of each year unless otherwise provided on the special use permit. (2) To renew a renewable special use permit, a person shall submit a completed renewal application to the department: (a) no later than November 30; and (b) in a form prescribed by the department. (3) Failure to meet the renewal requirements results in an automatic forfeiture of the special use permit, effective on the date the existing special use permit expires. 32B-10-204. Duties of commission and department before issuing special use permit. (1) (a) Before the commission issues a special use permit, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission as to whether a special use permit should be issued. (b) The department shall forward the information it gathers and its recommendations to the commission to aid in the commission's determination. (2) Before issuing a special use permit, the commission shall: (a) determine that the person filed a complete application and is in compliance with: Effective 7.1.11 v.7.18 page 11 of 16 AGENDA Page 55 of 137 (i) Section 32B-10-202; and (ii) the relevant part under this chapter that applies to the special use permit for which the person is applying; (b) determine that the person is not disqualified under Section 32B-1-304; (c) consider the physical characteristics of the premises where an alcoholic product is proposed to be used, mixed, stored, sold, offered for sale, or furnished such as: (i) the condition of the premises; (ii) public visibility; and (iii) safety considerations; (d) consider the person's ability to properly use the special use permit within the requirements of this title and the commission rules including: (i) the proposed use of the special use permit; and (ii) the nature and type of person making use of the special use permit; (e) consider specific factors regarding the specific type of special use permit sought by the person; (f) approve of the location and equipment used by the person to distill alcohol for experimental testing purposes or use as a fuel; and (g) consider any other factor the commission considers necessary. 32B-10-205. Bond for special use permit. (1) A special use permittee shall post a cash bond or surety bond only if the relevant part under this chapter for the type of special use permit requires posting of a bond. (2) (a) If a special use permittee is required to post a bond as provided in Subsection (1), the special use permittee shall procure and maintain the bond for as long as the special use permittee continues to operate under the special use permit. (b) A bond required under this section shall be: (i) in a form approved by the attorney general; and (ii) conditioned upon the special use permittee's faithful compliance with this title and the rules of the commission. (3) If a surety bond posted by a special use permittee under this section is canceled due to a special use permittee's negligence, the department may assess a $300 reinstatement fee. (4) No part of a bond posted by a special use permittee under this section may be withdrawn during the period that the special use permit is in effect. (5) (a) A bond posted by a special use permittee under this section may be forfeited if the special use permit is revoked. (b) Notwithstanding Subsection (5)(a), the department may make a claim against a bond posted by a special use permittee for money owed the department under this title without the commission first revoking the special use permit. Effective 7.1.11 v7.18 page 12 of 16 AGENDA Page 56 of 137 32B-10-206. General operational requirements for special use permit. (1) (a) A special use permittee and staff of the special use permittee shall comply with this title and rules of the commission, including the relevant part of the chapter that applies to the type of special use permit held by the special use permittee. (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against: (i) a special use permittee; (ii) individual staff of a special use permittee; or (iii) a special use permittee and staff of the special use permittee. (c) The commission may suspend or revoke a special use permit with or without cause. (2) (a) If there is a conflict between this part and the relevant part under this chapter for the specific type of special use permit, the relevant part under this chapter governs. (b) Notwithstanding that this part may refer to "liquor" or an "alcoholic product," a special use permittee may only purchase, use, store, sell, offer for sale, allow consumption, or manufacture an alcoholic product authorized for the special use permit that is held by the special use permittee. (c) Notwithstanding that this part or the relevant part under this chapter for the type of special use permit held by a special use permittee refers to "special use permittee," a person involved in the purchase, use, store, sell, offer for sale, allow consumption, or manufacture of an alcoholic product for which the special use permit is issued is subject to the same requirement or prohibition. (3) (a) A special use permittee shall make and maintain a record, as required by commission rule, of any alcoholic product purchased, used, sold, or manufactured. (b) Section 32B-1-205 applies to a record required to be made or maintained in accordance with this Subsection (3). (4) (a) Except as otherwise provided in this title, a special use permittee may not purchase liquor except from a state store or package agency. (b) A special use permittee may transport liquor purchased by the special use permittee in accordance with this Subsection (4) from the place of purchase to the special use permittee's premises. (c) A special use permittee shall purchase liquor at prices set by the commission. (d) When authorized by a special use permit, a special use permittee may purchase and receive an alcoholic product directly from a manufacturer for a purpose that is industrial, educational, scientific, or manufacturing. (e) A health care facility may purchase and receive an alcoholic product directly from a manufacturer for use at the health care facility. (5) A special use permittee may not use, mix, store, sell, offer for sale, furnish, manufacture, or allow consumption of an alcoholic product in a location other than as designated in a special use permittee's application. (6) Except as otherwise provided, a special use permittee may not sell, offer for sale, or furnish an alcoholic product to: Effective 7.1.11 v.7.18 page 13 of 16 AGENDA Page 57 of 137 (a) a minor; (b) a person actually, apparently, or obviously intoxicated; (c) a known interdicted person; or (d) a known habitual drunkard. (7) A special use permittee may not employ a minor to handle an alcoholic product. (8) (a) The location specified in a special use permit may not be transferred from one location to another location, without prior written approval of the commission. (b) A special use permittee may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the permit to another person whether for monetary gain or not. (9) A special use permittee may not purchase, use, mix, store, sell, offer for sale, furnish, consume, or manufacture an alcoholic product for a purpose other than that authorized by the special use permit. (10) The commission may prescribe by policy or rule consistent with this title, the general operational requirements of a special use permittee relating to: (a) physical facilities; (b) conditions of purchase, use, storage, sale, consumption, or manufacture of an alcoholic product; (c) purchase, storage, and sales quantity limitations; and (d) other matters considered appropriate by the commission. 32B-10-207. Notifying department of change of ownership. The commission may suspend or revoke a special use permit if a special use permittee does not immediately notify the department of a change in: (1) ownership of the permittee's business; (2) for a corporate owner, the: (a) corporate officers or directors; or (b) shareholders holding at least 20% of the total issued and outstanding stock of the corporation; or (3) for a limited liability company: (a) managers; or (b) members owning at least 20% of the limited liability company. Effective 7.1.11 v.7.18 page 14 of 16 AGENDA Page 58 of 137 Part 4 Industrial or Manufacturing Use Permit 32B-10-401. Title. This part is known as "Industrial or Manufacturing Use Permit." 32B-10-402. Definitions. Reserved 32B-10-403. Specific application requirements for industrial or manufacturing use permit. (1) To obtain an industrial or manufacturing use permit, in addition to complying with Section 32B-10-202, a person shall submit to the department: (a) a floor plan of the immediate area within the premises in which the person proposes that an alcoholic product be used, mixed, stored, sold, offered for sale, furnished, or consumed; and (b) if the person is applying for an industrial or manufacturing use permit to produce gasohol or any alcoholic product, evidence that the person has: (i) an approved Notice of Registration of Distilled Spirits Plant; and (ii) the appropriate permit from the federal Alcohol and Tobacco Tax and Trade Bureau. (2) (a) The nonrefundable application fee for an industrial or manufacturing use permit is $75. (b) The one-time special use permit fee for an industrial or manufacturing use permit is $250. (c) The bond amount required for an industrial or manufacturing use permit is the penal sum of $1,000. 32B-10-404. Specific operational requirements for industrial or manufacturing use permit. (1) (a) In addition to complying with Section 32B-10-206, an industrial or manufacturing use permittee and staff of the industrial or manufacturing use permittee shall comply with this section. (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against: (i) an industrial or manufacturing use permittee; (ii) individual staff of an industrial or manufacturing use permittee; or (iii) an industrial or manufacturing use permittee and staff of the industrial or manufacturing use permittee. (2) An industrial or manufacturing use permittee may produce for lawful use and sale the following: (a) vinegar; (b) preserved nonintoxicating cider; (c) a food preparation; (d) a United States Pharmacopoeia or national formulary preparation in conformity with Title 58, Chapters 17b, 37, 37a, 37b, and 37c, if the preparation: Effective 7.1.11 v.7.18 page 15 of 16 AGENDA Page 59 of 137 (i) conforms to standards established by: (A) the Department of Agriculture and Food; and (B) the Department of Health; and (ii) contains no more alcohol than is necessary to preserve or extract the medicinal, flavoring, or perfumed properties of the treated substances; and (e) wood and denatured alcohol if manufactured in compliance with the formulas and regulations under Title 27, C.F.R. Parts 19, 20, and 21. (3) (a) An industrial or manufacturing use permittee that produces patent or proprietary medicines containing alcohol may sell or offer for sale the medicines in the original and unbroken container if the medicine contains sufficient medication to prevent its use as an alcoholic product. (b) An industrial or manufacturing use permittee described in this Subsection (3) shall, upon request by the department, provide a sufficient sample of the medicine to enable the department to have the medicine analyzed for purposes of this section. R81. Alcoholic Beverage Control, Administration. R81-6. Special Use Permits. R81-6-1. Application. (proposed) An application for a special use permit shall be included in the agenda of the monthly commission meeting for consideration for issuance of a special use permit when the requirements of Sections [32A-6-102 and -103] 32B-1-304 and 32B-10-202, -205 have been met, and a completed application has been received by the department. R81-6-2. Warning Sign. (existing) All public service permittees which utilize a hospitality room shall display in a prominent place therein a "warning sign" as defined in R81-1-2. R81-6-3. Direct Delivery. (existing) Industrial, manufacturing, scientific, educational, and health care special use permittees may purchase alcohol directly from the manufacturer and have it shipped directly to the permittee's address, provided the alcohol is used for industrial, manufacturing, scientific, educational, or health care purposes. Effective 7.1.11 v.7.18 page 16 of 16 AGENDA Page 60 of 137 AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 14, 2o14 Agenda ltem #: 6-4 Title: Approval of Proposed Resolution #43-2014 — A Resolution Approving [.. Depositories for Moab City Funds Fiscal Impact: none Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder Applicant: none Background/Summary: We have had a change in staff in the Recorder's Office and we need to add Bobbie Day as a signature to our bank accounts Options: Approve, deny or table. Staff Recommendation: approval. Recommended Motion: I move to approve proposed resolution #43-2014 — a resolution approving depositories for Moab city funds. Attachment(s): resolution #43-2014 AGENDA Page 61 of 137 RESOLUTION #43-2014 A RESOLUTION DESIGNATING DEPOSITORIES FOR MOAB CITY FUNDS Zion's First National Bank 33o South Main Moab, Utah 84532 Wells Fargo Bank 4 North Main Street Moab, Utah 84532 Utah Public Treasurer's Investment Fund E315 State Capitol S.L.C., Utah 84114 WHEREAS, at a Regular Meeting of the Moab City Council of the City of Moab, held on the 14th day of October, 2014, at which a quorum was present, the following officers were duly appointed for the ensuing year and until their successors shall be appointed and shall have qualified; to have signature authority for Moab City Corporation at the above mentioned financial institutions which hold city (public) funds: Recorder, Rachel Stenta Treasurer, Jennie Ross Deputy Recorder, Danielle Guerrero Deputy Recorder, Roberta Day Deputy Treasurer, Chantel Lindsay City Councilmember Kyle Bailey NOW THEREFORE, BE IT RESOLVED, THAT under the rules of the City of Moab, any funds deposited to its credit with Zion's First National Bank of Moab or Wells Fargo Bank of Moab may be withdrawn by the combined signatures of one (1) of the Recorder or Deputy Recorder and any one (1) Treasurer or Deputy Treasurer who are authorized to endorse and sign checks, drafts, and orders for payment of money in accordance with signature cards accompanying this authorization. In the absence of either both the Recorder and Deputy Recorder or both the Treasurer or Deputy Treasurer, the above mentioned City Councilmember shall be authorized to endorse and sign checks, drafts, and order for payment of money in accordance with signature cards accompanying this authorization by the combined signatures of one (1) Recorder or Deputy Recorder or (1) Treasurer or Deputy Treasurer and one (1) City Councilmember. PASSED, ADOPTED, APPROVED AND EFFECTIVE this 14th day of October, 2014 in open Council at Moab, Utah. Attest: Rachel E. Stenta City Recorder Approved: David L. Sakrison Mayor Resolution #43-2014 AGENDA Page 1 of 1 Page 62 of 137 f Agenda Summary CITY COUNCIL MEETING �9ctober 14, 2°14 y PL-14-067 Agenda ltem #: 6-5 Title: Final Plat for Deer Trail Subdivision and Review and Adoption of Resolution #41-2014 Conditionally Approving the Final Plat of the Six- Unit Townhome Subdivision Staff Presenter(s): Jeff Reinhart, Sommar Johnson Department: Planning and Zoning Applicant: Scott McFarland Background/Summary: Deer Trail Townhome Subdivision is a six -unit proposal that will be located at 792 West 400 North in the R-4 Zone. The property is 22,216 square feet (.51 acres) in size. Required improvements include curb, gutter, sidewalk, and a widening of 400 North. A street dedication of fifteen feet to widen 400 North is necessary to attain an adequate right-of-way width. The townhome units will be constructed as affordable housing by the Housing Authority of Southeastern Utah (HASU). The units will be attached two story dwellings that have an approximate footprint of 950 square feet and a total size of 1900 square feet including a garage, and the lot coverage is approximately 26% of the lot area. The Planning Commission reviewed the proposal during a duly advertised public hearing on September 25, 2014. Subsequent to the hearing, the Commission voted 3-0 to have the applicant go forward with the final plat. The Code requires a review of the Final Plat by the Planning Commission prior to the plat being submitted to Council. No changes were proposed to the Final Plat and no additional conditions were imposed by the Planning Commission in addition to those included in Resolution #41-2014. Those three conditions were: 1. Applicant shall work with the City Staff to create an approvable storm water drainage plan. 2. Applicant shall continue to work with City Staff to generate an acceptable design for sanitary sewer connections. 3. Applicant shall follow the requirements of Rocky Mountain Power in relocation of the power pole that is currently located within the proposed street right-of-way. The Planning Commission held the required advertised public hearing on the Preliminary Plat during their regular meeting on September 25, 2014. The Commission voted 3-0 to approve the Preliminary Plat and have the applicant move on to Final Plat. The Planning Commission reviewed the Final Plat application on October 9 and voted to recommend that City Council approve the Final plat. Issues: One of the three concerns has been addressed and Rocky Mountain Power is requiring a placement of an additional power pole at the western end of the property to "stretch" the line above the additional roadway. The pole that is in the proposed right-of-way will be removed. The concerns about the storm water system and the sanitary sewer connection are being addressed by the applicant's engineer with City Engineering and Public Works Staff. AGENDA Page 63 of 137 City Council October 14, 2014 Final Plat Deer Trail Townhome Subdivision Process: Code Chapter 16.08.010, Preliminary procedure, states the following for final plat approval by the Planning Commission and City Council. C. Within one year after receiving approval of the preliminary plat by the planning commission, unless such time is extended by the planning commission, [the applicant must] submit the original and three copies of the final plat to the planning commission for final approval or disapproval, as the case may be; D. The city administrator shall present, after the planning commission has given approval to the plat, the original of the final plat to the city council for their decision; Options: The City Council can: 1. Adopt Resolution #41-2014 to approve the Final Plat for Deer Trail Townhome Subdivision with conditions; 2. Adopt Resolution #41-2014 to approve the Final plat for Deer Trail Townhome Subdivision with additional conditions; 3. Vote to not adopt Resolution #41-2014 and state their reasons; 4. Table the vote on the resolution until a later date and request additional information Staff Recommendation: Staff recommends that the Final Plat for Deer Trail Townhome Subdivision located at 792 West 400 North be approved with conditions. Recommended Motion: I move to adopt Planning Resolution #41-2014 conditionally approving the Final Plat for the Deer Trail Townhome Subdivision with the conditions that: 1. Applicant shall work with the City Staff to create an approvable storm water drainage plan. 2. Applicant shall continue to work with City Staff to generate an acceptable design for sanitary sewer connections. 3. Applicant shall follow the requirements of Rocky Mountain Power in relocation of the power pole that is currently located within the proposed street right-of-way. Attachment(s): Resolution #43.-2014 Narrative Final plat p:\planning department\2014\correspondence \pi-14-107 cc final deer trail th suh.docx AGENDA Page 64 of 137 CITY OF MOAB RESOLUTION #41-2014 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT FOR THE DEER TRAIL TOWNHOME SUBDIVISION ON PROPERTY LOCATED AT 792 WEST 400 NORTH IN THE R-4 ZONING DISTRICT WHEREAS, Scott McFarland, "Applicant", of 775 Hillside Drive, Moab, Utah 84532, has applied for approval of a Preliminary Plat for the Deer Trail Townhome Subdivision on property he owns located in the R-4 (Residential) Zone at 792 West 400 North, and consisting of .51 acres and more particularly described as: A PARCEL OF LAND IN THE SE % SECTION 35, T25S, R21 E, SLBM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT WHICH BEARS WITH THE SECTION LINE S89°54'00"W 1675.60 FEET,- THENCE N 00°27'41 " W 24.80 FEET FROM THE SE CORNER SECTION 35,T25S,R21E,SLBM TO THE POINT OF BEGINNING; THENCE N00°03'23"W 125.05 FEET; THENCE N89°54'40'E 179.63 FEET; THENCE S00°12'42"W 124.77 FEET,- THENCE S89°49'14"W 179.12 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.514 ACRES, MORE OR LESS; and WHEREAS, Applicant desires to construct a six -unit townhome subdivision on the described property which is an allowed use in the R-4 Zone under an approved subdivision plat; and WHEREAS, Applicant provided the City of Moab with the necessary documents, plans and drawings to complete the application for review of the Final Plat of the proposed Deer Trail Townhome Subdivision as required in Moab Municipal Code (MMC) Title 16.; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a duly advertised public hearing for compliance with the requirements of MMC Title 16, Subdivisions September 25, 2014 and subsequent to the hearing unanimously adopted Planning Resolution #13-2014 and found that the development met or can meet the requirements of MMC Title 16 and Title 17; and WHEREAS, the City Council reviewed the subdivision at a regularly scheduled meeting on October 14, 2014, and having considered Staff recommendations, and discussed the pertinent aspects of the development, determined that the Final Subdivision Plat of Deer Trail Townhome Subdivision has met or can meet the requirements of Title 16 and Title 17 of the Moab Municipal Code with the following conditions. 1. Applicant shall work with the City Staff to create an approvable storm water drainage plan. 2. Applicant shall continue to work with City Staff to generate an acceptable design for sanitary sewer connections. 3. Applicant shall follow the requirements of Rocky Mountain Power in relocation of the power pole that is currently located within the proposed street right-of-way. 4. A Subdivision Improvements Agreement shall be approved by Council. NOW, THEREFORE, BE IT RESOLVED by the Moab City Council, that adoption of Resolution #41-2014 conditionally approves the submitted Final Plat for Deer Trail Townhome Subdivision. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on October 14, 2014. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder p:\planning department \2014\resolutions \#13-2014 deer trail th sub preliminary.doex AGENDA Page 65 of 137 2 AGENDA Page 66 of 137 FINAL PLAT FOUND 3" BRASS CAP IN RANGE BOX SOUTH 1 /4 CORNER SECTION 35 T255 R21E FOUND 5/8" REBAR WITH RED 3/4" PLASTIC CA ILLEGIBL a ir) rn0 fr7 � N N FOUND 5/8" REBAR POINT OF BEGINNING 0 0 o a] Sri 4 N N o n 0 N a a z z 2 2 DEER TRAIL TOWNHOME SUBDIVISION (R)N89'54'0011E 179.60' (M)N89'54'40"E 179.63' LOCATED WITHIN THE SW1/4 SE1/4 OF SECTION 35, T25S, R21E, SLBM, MOAB CITY, GRANT) COUNTY, UTAH FOUND 5/8" REBAR WITH RED 3/4" PLASTIC CAP ILLEGIBLE t 36.08' 10 00' 10.00' - 6 a a & UTILITY EASEMENT DEDICATED HEREON 1 0' DRAINAGE 3 Lri LOT 1 25.19' 10' DRAINAGE 0 a a LOT 2 3974sf 0 N lrl 0 CO 0 0 vi .15' a z 6' UTILITY 25.19' & UTILITY N 0 LOT 3 2770sf 0 N lf] Q Q z EASEMENT 25.19' EASEMENT 25.19' DEDICATED LOT 4 2770sf DO ❑D a a N DEDICATED LOT 5 2770sf HEREON HEREON 25.19' 25.19' 25.19' t S89'49' 1 4'W 156.28' 15' STREET DEDICATION TO CITY OF MOAB VIA WARRANTY DEED 25.19' a 0 42.79' LOT 6 4556sf 0= 89'361321' L=35.97' R=23.00' CH=S45°00'58"W 32.41' 19.37' oo • co r: BASIS OF BEARING N89'54'00"E PROJECT LOCATION 400 NORTH STREET RIVER SANDS ROAD WEST STREET McGILL 1.0 35 36 rL.9 r GRAND OASIS BARTLET 1 PARK WALNUT VICINITY MAP SCALE 1" = 1000' PUBLIC WORICS DIRECTOR APPROVED THIS DAY OF 2074. BY 1 1 200 NORTH J WILLIAMS WAY 100 NORTH CENTER M S89'49'14"W 179.05' (R)S89°54'00"W 179.601 FOUND 5/8" REBAR 400 NORTH STREET 589'54'00"W 1321.16' ACREAGE CHART x LOTS 0.450 AC. 87% STREET ROW 0.066 AC. 13% TOTAL .516 AC 100% LEGEND 0 FOUND SECTION MONUMENT AS NOTED ■ SET 5/8" REBAR WITH ALUM CAP MARKED 190107-2201 O FOUND SURVEY MONUMENT AS NOTED �Q O7 4 1,6 N N w N Q d- 0 N [fl p b o to cn Q 0 RIVER SANDS w c.D o_ c N w c.D o_ N T a m 0 w z o• 0 o' 0 r`7 FOUND 5/81' REBAR WITH ILLEGIBLE RED 3/4-"PLASTIC CAP IN ASPHALT 1/16 SECTION 35 T255 R21E S89'54'00'W 1675.60' TO DESCRIPTION TIE ti0 SURVEY DATE: 08/27/2074 i 589'54'00"W 1321.16' 20 ❑ 10 20 40 ( IN FEET ) 1 inch = 20 ft. FOUND 2" BRASS CAP IN RANGE BOX SOUTH EAST CORNER SECTION 35 T255 R21E ON 02/2010 CORNER DESTROYED DURING STREET RECONSTRUCTION DEED DESCRIPTION A PARCEL OF LAND IN THE SE 1/2 SECTION 35, T25S, R21E, SLBM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT WHICH BEARS WITH THE SEC770N LINE S 89 DEG. 54' W 1675.6 FEET THENCE N 0 DEG. 06' W 25.0 FEET FROM THE SE CORNER SECTION 35, T25S, R21E, SLBM, AND PROCEEDING THENCE N 0 DEG. 06' W 123.9 FEET, THENCE N 89 DEG. 54' E 179.6 FEET, THENCE S 0 DEG. 06' E 1239 FEET THENCE S 89 DEG. 54' W 179.6 FEET TO THE POINT OF BEGINNING. SURVEYOR'S DESCRIP T10N A PARCEL OF LAND IN THE SE 1/2 SECTION 35, T25S, 1221E, SLBM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT WHICH BEARS WITH THE SEC770N LINE 58954'00V 1675.60 FEET,. THENCE N0027'41 "W 24.80 FEET FROM THE SE CORNER OF SEC770N 35, T25S, R21E, SL81,1 TO 771E POINT OF BEGINNING; THENCE N00'0323"W 125.05 FEET; THENCE N89 54'40 "E 179.63 FEET; THENCE S0072'42'°W 124.77 FEET; THENCE 589 49'14 "W 179.12 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.514 ACRES, MORE OR LESS OWNER'S & MORTGAGEE'S DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT , THE UNDERSIGNED OWVERO OF 771E ABOVE DESCRIBED TRACT OF LAND, HAVING CAUSED SAME TO BE SUBDI WIDED INTO LOTS AND STREETS' HEREAFTER TO BE KNOWN AS THE DEER TRAIL TONWHOME SUBDIVISION DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC ALL DRAINAGE AND UTILITY EASEMENTS AS INTENDED FOR PUBLIC USE IN W17NESS WHEREOF ___ HAVE HEREUNTO SET ____ HANDS THIS DAY OF , A.D., 2014. ACKNOWLEDGMENT STATE OF UTAH ) S. S. COUNTY OF GRAND ) ON 771E DAY OF A.D., 2014 PERSONALLY APPEARED BEFORE ME, 771E UNDERSIGNED NOTARY PUBLIC, IN AND FOR IHE COUNTY OF ___ IN SAID STATE OF UTAH, 77-IE SIGNER(5) OF THE ABOVE OWNERS DEDICATION, ___ IN NUMBER, WHO DULY ACKNOWLEDGED TO ME THAT _ SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MEN ]TONED. MY COMMISSION EXPIRES REPLACED WITH 2" ALUMINUM CAP 190107-2201 IN MONUMENT BOX FROM PREVIOUS SURVEY AND MONUMENT RECORDS NOTARY PUBLIC RESIDING IN COUNTY SURVEYOR'S CERTIFICATE 1, WILLIAM F. BREWSTER, DO HEREBY CERTIFY THAT 1 AM A REGISTERED UTAH LAND SURVEYOR, AND THAT 1 HOLD CERTIFICATE NO.190107-2201 AS PRESCRIBED UNDER IHE LAWS OF THE STATE OF UTAH, AND I FURTHER CERTIFY 771AT UNDER AUTHORITY OF THE OWNERS, 1 HAVE MADE A SURVEY OF IHE TRACT OF LAND SHOWN ON THIS PLAT AND DESCRIBED BELOW, AND HAVE SUBDIWIDED SAID TRACT OF LAND INTO LOTS, HEREAFTER TO BE KNOWN AS DEER TRAIL TOWNHOME SUBDIVISION AND THAT SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE GROUND AS SHOWN ON THIS PLAT: 0-07-'4/ FINAL PLAT DEER TRAIL TO WNHOME SUBDIVISION LOCATED WITHIN THE SW1/4 5E1/4 OF SECTION 35, T255, R21E, SLBM, MOAB CITY, GRAND COUNTY, UTAH REVISION DATE: 10/07/14 .DA.1.E: 03/10/2010 PROJECT NO: 8619896 SHEET 1 OF 1 DRAWN BY bkb PLANNING COMMISSION CERTIFICATE APPROVED 77-I1S DAY OF 2074, BY PLANNING COMMISSION CHAIRMAN PLANNING COMMISSION CITY ENGINEERS CERTIFICATE 1 HEREBY CERTIFY THAT I HAVE HAD THIS PLAT AND SAID TRACT AS STAKED EXAMINED BY THIS OFFICE AND IT IS CORRECT AND IN ACCORDANCE WITH INFORMATION ON FILE IN THIS OFFICE. DATE CITY COUNCIL APPROVAL PRESENTED TO THE THIS DAY OF , 2014. SUBDIVISION WAS ACCEPTED AND APPROVED. A TTES T.- APPROVAL AS TO FORM APPROVED A5 TO FORM 71-115 ___ DAY OF 2074. CITY ATTORNEY COUNTY RECORDER NO. STA TE OF UTAH, COUNTY OF GRAND, RECORDED AT 77-1E REQUEST OF DATE TIME BOOK PAGE FEE A TTEST.- COUNTY RECORDER A,_\/SA:1\/_11,44 SOLIDER, MILLER & ASSOCIATES 11 North Main Street, Suite #7 Moab, Utah 84532 Tel: 970-243-6067 - Fax: 970-241-2845 www.soudermiller.com Serving the Southwest & Rocky Mountains Albuquerque - Farmington - Las Cruces - Roswell - Santa Fe, NM Cortez - Grand Junction, CO - Safford, AZ Page 67 of 137 f / pAaenda Summary CITY COUNCIL MEETING October 14, 2o14 / Agenda Item # 6-6: PL-14-057 Title: Call for Public Hearing on a Requested Conditional Use Permit for a Bed and Breakfast to be Located in the R-2 Zone at 100 Arches Drive and Adoption of Resolution #39-2014, Approving the Conditional Use Permit as Referred to Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, Sommar Johnson Department: Planning and Zoning Applicant: Jeramey and Mary McElhaney Background/Summary: The city has received an application from Mary and Jeramey McElhaney to establish a bed and breakfast on their property at 100 Arches Drive. The property is currently undeveloped and is the last undeveloped lot on Arches Drive. The proposal includes construction of a 3,721 square foot home with attached structures covering of 1,152 square feet and 864 square feet. All of the structures are two story and five (5) rooms for short term rental use will be constructed on the second floors of the attached buildings. The larger structure will consist of a four car garage on the ground level with three rental units above and the smaller structure will serve as a ground level two car garage/shop area with two rental units on the second floor. Currently, a day care center is operated by the applicants from a different address on Arches Drive. This use will be discontinued when the Bed and Breakfast is constructed on the site at 100 Arches Drive and the applicants move into the new home. The applicants have stated that there will be a noticeable decrease in neighborhood traffic because of the closing of the daycare. Parking is exceeded with five off street spaces for the rental units and 6 for the dwelling. Also, there are at least four spaces for trailer parking. The Planning Commission held a two part public hearing that ended on September 25. Many of the issues were addressed by research that City Staff had conducted. Additional information was also provided by the applicant. A Planning Commission memo from September 25 (PL-14-060) is attached your review. Subsequent to the hearing, the Commission voted 3-0 to favorably refer the application to Council for approval. Four conditions were established in Planning Resolution #11-2014 and include: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. 1 AGENDA Page 68 of 137 Page 2 of 5 4. The daycare center will discontinue operations once the bed and breakfast facility is operational. Process: 17.09.530 contains the process for a conditional use permit. Two public hearings are held; one before the Planning Commission and one before the City Council. There are specific criteria that are used by both boards for the approval of the conditional use, and it is specifically understood that certain listed criteria may not apply to a particular application. The applicant is required to adequately demonstrate that the following criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab General Plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. After considering the public comment relating to the criteria listed above in relation to the requested conditional use permit, the Planning Commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria. The Planning Commission and the City Council, respectively, may establish additional AGENDA Page 69 of 137 Page 3 of 5 conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. Options: The City Council must hold a public hearing on this application. Recommended Motion: I move to send the Conditional Use Permit for a Bed and Breakfast to public hearing on October 28, 2014. Attachment(s): Narrative Site Plan Planning Commission Memo PL-14-060 Addendum 17.09.530 (9) Bed and Breakfast, Rooming or Boarding House. A. All such uses shall comply with the following preconditions: 1. Bed and Breakfast facilities, rooming and/or boarding houses may be allowed as a conditional use permit where applicant can show evidence of compliance with outlined standards and procedures and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to the issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. AGENDA Page 70 of 137 Page 4 of 5 5. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the Bed and Breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards in B below and landscaping. Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. 2. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty -day stay, and meals shall be served to guests only bed and breakfast: Zoning R2, R3, R4). 3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 4. No bed and breakfast facility shall rent for compensation more than seven rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 5. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 6. Signs are limited to one nonflashing sign not larger in area then two hundred twenty- six square inches. If lighted, the light shall be defused or shielded. 7. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 9. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent AGENDA Page 71 of 137 Page 5 of 5 conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the residential character of residential zones may be required by the planning commission. p:\planning department\2014\correspondence\p1-14-065 cc arches hgh.docx AGENDA Page 72 of 137 CITY OF MOAB PUBLIC HEARING PROPOSED RESOLUTION #39-2014 — A RESOLUTION CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST LOCATED ON THE MCELHANEY PROPERTY AT 100 ARCHES DRIVE IN THE R-2 ZONE The City of Moab will hold a Public Hearing on Tuesday, October 28, 2014 at approximately 7:15 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input on Proposed Resolution #39- 2014 — A Resolution Conditionally Approving a Conditional Use Permit for a Bed and Breakfast Located on the McElhaney Property at 100 Arches Drive in the R- 2 Zone. 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. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, October 16 and 23, 2014. AGENDA R:\Notices\2014\res 39-2014 bandb PH.docx Page 73 of 137 CITY OF MOAB RESOLUTION #39-2014 A RESOLUTION CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST LOCATED ON THE MCELHANEY PROPERTY AT 100 ARCHES DRIVE IN THE R-2 ZONE WHEREAS, Jeramey and Mary McElhaney at 95 Arches Drive, as the Owners of record ("Owners") of a 24,830 square foot (.57 acre) parcel of property also located in the R-2 Zone at 100 Arches drive, have applied for a conditional use permit to establish a bed and breakfast at the described property; and, WHEREAS, the Owners have provided the City of Moab with the necessary documents, plans and, drawings to complete the application for said use as required under Land Use Code Chapters 17.09.530 and 17.09.531; and, WHEREAS, the proposed five -room bed and breakfast is allowed in the R-2 Zone only if the Owner lives on the property and is granted a conditional use permit as provided in Chapter 17.09.530; and, WHEREAS, the Planning Commission reviewed the application in a duly advertised public hearing held on September 11, 2014, and subsequently adopted Resolution No. 11-2014, at said hearing, favorably recommending the application to City Council (Council); and, WHEREAS, Council reviewed the application in a duly advertised public hearing on October 28, 2014 to hear testimony and review the code requirements for the use of a bed and breakfast; and, WHEREAS, Council determined that the proposed bed and breakfast appears to be in compliance with the requirements of the applicable chapters of the Title 17.00, Moab Land Use Code for a conditional use permit and specifically or a Bed and Breakfast; and WHEREAS, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the development, the Moab City Council does hereby find, determine, and declare, that all applicable provisions of the Moab Municipal Code have or can be met. NOW, THEREFORE, be it resolved by the City Council that the conditional use of a bed and breakfast on the above described property is approved with the following conditions: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. 4. The daycare center will discontinue operations once the bed and breakfast facility is operational. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the day of , 2014. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder p:\planning department\2014\resolutions \ council \#39-2014 arches hEh.docx AGENDA Page 74 of 137 E (frorn the south) Page 76 of 137 Page 77 of 137 Erna o' added drams 1,tio right-of-way Page 79 of 137 Surmunding properties -I, Page 80 of 137 Page 81 of 137 Su=unding pr ,perdue -3 Page 82 of 137 Sumaunding prope es -4 Page 83 of 137 Su=unding properdes -5 Page 84 of 137 Street view of loo Archeo from a utheist Page 85 of 137 4,-,04, 4*4110N14 H�R+rse�v4,4 iA, t )4 4\ /i Page 86 of 137 New retainin Page 87 of 137 liMMMM Page 94 of 137 Page 95 of 137 L,70,/f ).,_76 () I (eJ i i i } f i i I I a.! - , l )4Ly LFo Cv\'vsi 3„ I „7 r} ,,, " 1. • • • )7' A i 0 7 1 •iet ir• )-°°4 _}70) Gs) d ���1-1a • 0,ra/4,0 Sr I .-,460 Di (3 x ,1( 1-- a 31-J 5 t 0 7. cxo ft )(Qr 4010519 +n (NT1 -'?(N P-)Q r. 1 _IOC? 0 A/ is titr BR! M1l33r11...g.G1 . 9N3n r- i�f7�a 1 uJp rr1VG �h alEo731-t ,S :•�oo�G39 rnOCNlm. i i 1 9d� 11 (PC _ s 3t•#7I N i 10i; ;cPs:0.9,N <6. ?A' 493 �lS • 1� va ,,V / [0j f • 1,-24 'NCI 3C1 r Z1Q d.L1S t Wil7GC %Nf ZCP 381ION C13-63dt71 .$.01 - (V41 ]13D .4. 1018 Z) 71'reiC3h191-1 7 '131.1 1 \7 a ,� ,,Y7vf G"'") NaNr--.)_1 i 4\1 Page 100 of 137 w f / PLANNING AND ZONING COMMISSION MEETING September ii, 201� I Agenda item #3&4: / PL-14-060 Title: Continuation of Public Hearing and Review and Approval of Planning Resolution #11-2014 for Approval of a Conditional Use Permit for a Bed and Breakfast to be Located in the R-2 Zone at 100 Arches Drive Staff Presenter(s): Jeff Reinhart, Sommar Johnson Department: Planning and Zoning Applicant: Jeramey and Mary McElhaney Background/Summary: The public hearing for this B&B application was reopened and continued to the meeting on September 25, 2014. The action item approving the resolution was tabled and will need to be taken from the table prior to any action being made. Several issues were raised by the attending citizens and Staff was directed to investigate the concerns and report back to the Commission with the results. 1. A misunderstanding about the status of a day care center and an additional business in a residence was resolved by Sarah Atherton of Utah Department of Health, Bureau of Child Development. There is no regulation that will prevent a day care business from locating in a residence that has an additional business within. If the day care business for 8-16 children was proposed in the new home, it could be approved through the conditional use permit process. The applicant has expressed that they no longer wish to have the day care business and are voluntarily terminating the use. 2. The drainage issue is complicated and the city has made an effort to organize the homeowners and an adjacent owner of undeveloped property to jointly address the issue. Apparently, some discussion has taken place between the parties, but this detail was not raised during the public hearing. Also, the city has in the past required storm water to be retained by individual property owners. This was manifested in a retaining wall that runs across the fronts of one of the lots on the northeast side of Arches Drive as shown in the attached pictures. The retaining wall serves two purposes: Slope stabilization and water detention. However, an enterprising resident has seen fit to breach the detention wall and illegally drain his storm water directly into the City right-of-way. In addition, the city has maintained a storm water easement and drainage ditch behind the properties in an effort to control the direction of storm water flows. The attached pictures indicate the bale dam that was installed within the drainage easement. 1 AGENDA Page 101 of 137 3. Traffic was also raised as an issue and it was pointed out that the overall traffic count will drop with the termination of the day care business. The ITE trip manual indicates that a B&B can generate up to 8.9 Average daily Trips (ADT)/unit and a single family residence 10-12 ADT. However, independent local studies show that trips for a B&B are lower than the ITE information and that a single family residence can be much higher. Individual local single use studies are rarely completed and usually are conducted on a more regional context. The average trips are low because of the way that B&Bs function. Unlike an inn, B&Bs serve breakfasts where an inn will have lunch and dinner. So, once the lodger leaves for the day, they will rarely return until evening. Some will eat before returning to retire for the evening and others may return to the B&B to change before dinner adding a second trip to the traffic count. 4. Parking was raised as an issue and was addressed by the applicant. The code requirement is for the B&B to provide 1 space for each rented room. In addition, two off-street spaces must be provided for the owner of the residence. The parking plan shows the five required spaces as well as areas for 4 or more trailer spaces. In addition, the ground floors of the rental structures will provide up to six spaces for the residential use. 5. A concern about noise. The property owners must live on site. A B&B is not a nightly rental run by a manager who has no connection to the ownership of the property. 6. The Small Business Development center studies shows that where an inn employs an average of 4.6 people, the majority of B&Bs are family run and do not have employees. No additional help is required. The average number of rooms in a B&B is 8.5, up from 8 in 2000 so for the most part the businesses are small scale and remain so. Rural B&Bs get most of their business on the weekends and in the vacation season of April through September. Oftentimes they serve as a weekend getaway. In comparison, urban locations may be fully operational year round. ( 7. A description of the typical B&B guest may dispel other issues. A Michigan State study shows that B&B travelers are middle-aged, well-educated, (moderately) high income, married professionals. Latest studies also show that 82% of the travelers are married with just less than 50% having kids at home. The average age for a traveling party is 40 years old with 60% percent below the age. "This indicates that many B&B guests are at a mid -point in the traditional family cycle, when raising children is a primary activity. Newlyweds and "empty nesters" account for a smaller proportion and, only 9 percent of the market is attributed to adults over 59 years of age. 8. A comment made by one of the attendees of the public hearing, suggested support for the B&B if everyone in the neighborhood could do the same nightly rental. The code does allow each resident to apply for a conditional use permit to have the B&B use on their individual properties if they can meet the specific requirements as spelled out in MMC Sections 17.09. 9. In the written comments passed on to the Planning Commission, a reference to the prohibition of boarding houses in residential zones was made (MMC 17.71.030). Boarding houses were removed from residential areas because they were largely comprised of apartments (Cedar Breaks, Purple Sage, Fandango, etc., that were converted into nightly rentals. They did not have a managerial presence and usually a property management company collected the rents and AGENDA Page 102 of 137 maintained the grounds. The bed and breakfast, on the other hand, requires that the property owners live on the premises. 10. Also, there were numerous complaints about the day care voiced during the public hearing portion of the meeting. However, staff has never received a complaint since the day care has been in operation. Process: A review of the requirements for this conditional use permit may be useful to the Commission. Code Section 17.09.530 contains the process for a conditional use permit and there are general criteria that must be used by the Commission to determine if the applicant has met or can meet the intent of the code. It is specifically understood that certain listed criteria may not apply to a particular application and the applicant is required to adequately demonstrate that the applicable criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab General Plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. AGENDA Page 103 of 137 After considering the public comment relating to the criteria listed above in relation to the requested conditional use permit, the Planning Commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria. MMC Section 17.09.530 also contains the specific standards that individual B&Bs must meet. 1. Bed and breakfast facilities, rooming and/or boarding houses may be allowed as a conditional use permit where applicant can show evidence of compliance with outlined standards and procedures and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to the issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. 5. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. 2. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty -day stay, and meals shall be served to guests only (bed and breakfast: Zoning R2, R3, R4). AGENDA Page 104 of 137 3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 4. No bed and breakfast facility shall rent for compensation more than seven rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 5. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 6. Signs are limited to one nonflashing sign not larger in area then two hundred twenty-six square inches. If lighted, the light shall be defused or shielded. 7. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 9. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the residential character of residential zones may be required by the planning commission. C. Appeals. Approval or disapproval of a bed and breakfast application by the planning commission can be appealed to the appeal authority within ten days of planning commission action. Options: The Planning Commission can: 1. Adopt Resolution #11-2014 as written and recommend that Council approve the conditional use permit for the plans of the bed and breakfast as submitted; 2. Adopt Resolution #11-2014 and recommend that Council approve the conditional use permit for the plans of the bed and breakfast with conditions; 3. Vote to not adopt Resolution #11-2014 and state their reasons; 4. Table the vote on the resolution until a later date and request additional information Staff Recommendation: Staff recommends that the Conditional Use Permit for the Bed and Breakfast located at 100 Arches Drive be favorably recommended to Council with conditions. Recommended Motion: I move to adopt Planning Resolution #11-2014 recommending to Council the approval of the bed and breakfast for the property located at 100 Arches Drive with the conditions that: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. AGENDA Page 105 of 137 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. Attachment(s): Addendum Resolution #11-2oi4 Narrative Site Plan Nightly rentals as used in the context of 17.09.700 Residential short-term rentals prohibited. 1. Except for bed and breakfast facilities and guest apartments that comply with Chapters 17.70 and 17.71 of the Moab Municipal Code, the short-term rental of dwellings is prohibited in the following zones: A-2, C-1, C-5, FC-1, 1-1, 0-1, R&D-1, R-1, R-2, R-3, R-4, RA-1, and all other zones where short-term rentals are not listed as a permitted use. 2. A. For the purposes of this section, "short-term rental" shall be defined as: 1. The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof constructed for single-family or multifamily occupancy or of any other residential property for an effective term of thirty consecutive calendar days or less; 2. The commercial use, by any person, of residential property for hostel, hotel, inn, lodging, motel, resort or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy for a term of thirty consecutive days or less. B. For the purposes of this section, "remuneration" means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property. (Ord. 07-09, 2007) p:\planning department\2014\correspondence\p1-14-060 pc arches b&b decision.docx AGENDA Page 106 of 137 f / AGENDA SUMMARY MOAB CITY COUNCIL MEET NG —October 14, 2014 Agenda item #: 6-7 Title: Discussion Regarding Solid Waste Collection Franchise Fiscal Impact: Discussion Only Department: Administration Applicant: NA / 1 Summary: As you may recall, the City approved a rate increase for Bob's Sanitation last year. This was done as a result of a rate review instead of a contract extension because the contract term was not expiring until this year. Bob's Sanitation has requested to extend the current solid waste contract for three years. Extensions are allowed under the terms of the existing contract. A copy of the current contract is attached. The contract is going well, with no apparent problems or changes needed. Bob's Sanitation is not requesting a rate increase to accompany the extension. It is a relatively simple matter to put together a contract extension, but I wanted to bring this issue to the City Council's attention before I put together the extension documents. Options: This item is for discussion only. Staff Recommendation: This item is for discussion only. Recommended Motion: NA Attachment(s): Letter from Bob's Sanitation; Copy of Current Contract AGENDA Page 107 of 137 Bob's Sanitation, Inc. 287 S. 2nd East Moab, Utah 84532 Phone: 435-259-6314 Fax:435-259-8466 October 1, 2014 City of Moab 217 E. Center St. Moab, Utah 84532 Dear Ms. Metzler and Council Members, I am contacting you in regard to my current garbage contract with the City of Moab. As you know, my contract will expire on November 30, 2014. I would like to extend the contract for a period of three years and discuss terms that both parties can agree upon. Please contact me with any questions that you may have. I would also like to meet to discuss this matter at your earliest convenience. Sincerely, d-4r Wa&--(7-4/ Robert E Hawks Page 108 of 137 SOLID WASTE COLLECTION FRANCHISE AGREEMENT THIS CONTRACT is made and entered into this the 30th day of November, 2009, by and between the City of Moab, a municipal corporation of the State of Utah ("the City"), and Bob's Sanitation, Inc. ("Contractor"). I. RECITALS. a. Contractor provides residential and commercial solid waste collection services within the municipal limits of the City pursuant to a contract with the City dated August 12, 1999. The 1999 contract has been extended by the parties through December 1, 2004, and then again through December 1, 2009. b. Section 5 of the 1999 contract between the City and the Contractor authorizes extensions to the contract upon such terms, as the parties deem appropriate. It is the intent of the parties to extend and clarify their existing contractual relationship as provided in this Contract. II. AGREEMENT. In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The Contractor hereby agrees to provide residential and commercial automated solid waste collection and disposal services to all areas located within the City in accordance with the terms of this Contract, the General Specifications, updated November 24, 2009, which are attached hereto and which form a part of this Contract, and in accordance with Moab Municipal Code Chapter 8.04. 2. Contractor hereby agrees to furnish all materials, labor, equipment, vehicles, and other items necessary to provide automated residential and commercial solid waste collection and disposal services as provided in this Contract. 3. All provisions of this Contract and the attached specifications shall be strictly complied with by the Contractor. No promise, representation, modification, or amendment to this Contract shall be binding between the parties unless reduced to writing, lawfully approved, and signed by both parties. 4. The term of this Contract shall be for a period of five (5) years commencing upon execution by both parties. It shall be the duty of the Contractor to notify the City no later than three months prior to the expiration of the Contract that such Contract is approaching its termination date. Upon receiving such notice, the City and Contractor AGENDA Page 109 of 137 may negotiate any modifications or extensions to the Contract upon such terms as the parties may deem appropriate. 5. This Contract, including all attachments, is a complete and integrated agreement terminating and superseding all prior negotiations, representations, promises, or agreements between the parties. 6. The parties each agree that should either party default in any of the covenants, performance or agreements contained herein, the defaulting party shall pay all costs and expenses, including reasonable attorneys' fees and court costs which may arise or accrue to the other party from enforcing this agreement or in pursuing any legal remedies. 7. The City agrees to pay, and Contractor agrees to accept, the sums for solid waste collection services as stated in Section 15 of the General Specifications. Contractor agrees that it shall not negotiate separate rates with individual customers, or otherwise modify the price or terms of service without the express written agreement of the City. a) Solid waste customers shall be billed by the City for solid waste collection services at the rates set by the City Council by resolution. The Council may from time to time alter or amend the rates charged to City residents without altering the compensation due to the Contractor or the other terms of this Contract. 8. Contractor may apply to the City in writing for consideration of a special rate review should an unforeseen event or circumstance arise which jeopardizes the economic operations of the Contractor. A special rate review application may be considered at the option of the City if one or more of the following applies: a) An event or circumstance (including changes in law) occurs which is beyond the control of the contractor. b) Landfill tip fees change by more than 10 percent. c) Operating costs over which Contractor has no control change by more than 10 percent. 9. A change in Contractor rates pursuant to Section 8, above, shall be vested in the discretion of the City Council following a public hearing. At least 15 days prior to the public hearing, the Contractor shall submit to City staff complete and accurate financial data showing its operating costs, revenues, and rate of return for operations under this Contract. City staff may request, and Contractor agrees to provide, other or additional records as may be necessary to fully review Contractor's operations and rate requests. All such financial information submitted to the City shall be kept confidential. a) The City Council may grant a special rate request, reject it, or grant the request in part. Any change in customer rates shall be in the form of a rate resolution, which shall take effect no sooner than 30 days from the date of the public hearing. AGENDA Page 110 of 137 10. If any provision or part of this Contract shall be declared illegal, void or unenforceable for any reason, the other provisions and parts shall not be affected but shall remain in full force and effect. 11. This Contract shall be governed by the laws of the Statc of Utah. The place of performance is Grand County, Utah, and any action to enforce or construe the agreement shall be commenced in the Seventh Judicial District Court of Grand County. 12. The parties to this Contract are the City of Moab and Bob's Sanitation, Inc. It is agreed that the City and the Contractor are now, and have always been, the sole and only parties to the Contract. The Contract is entered into for the purpose of providing a service for the use and benefit of the City. There arc no known or intended third party beneficiaries to the Contract, and the parties specifically disavow any intent to confer rights of enforcement or review of this Contract upon any third parties. 13. This Contract is the product of mutual bargaining, and shall be construed in accordance with its plain meaning, regardless of the extent to which either party contributed to the drafting. 15. The following attachments and addenda comprise the entirety of this Contract: Exhibit A Exhibit B Mayor David Sakrison ATTEST: General Specifications, Updated November 24, 2009; Municipal Code Sections 8.04.010 through 8.04.160 (for informational purposes only). City Recorder Rachel Ellison Bob's Sanitation, Inc. By: , &,(� Title: Date: 1 ' �jC� — o� Date: 1 J3 0 O 9 Date: //-3.0-(-77 AGENDA Page 111 of 137 State of Utah County of Grand On the [30 day of �n�t4- 6. 44,,„k5 frnbrr the same. CARMELLA GALLEY Notary Public State of Utah Comm. No. 576525 fly Comm. Expires Sep 22, 2012 DAq personally appeared before me , who duly acknowledged to me that they executed My Commission Expires: if zz/2012- ecrondb-- Notary Public Residing in: Grand County AGENDA Page 112 of 137 EXHIBIT A RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL GENERAL SPECIFICATIONS Updated November 24, 2009 Table of Contents 1.00 DEFINITIONS 2.00 SCOPE OF WORK 3.00 WORKING CONDITIONS 4.00 COLLECTION FROM PUBLIC SITES 5.00 MATERIALS COLLECTED 6.00 CONTAINERS 7.00 COLLECTION OPERATION 8.00 EMPLOYEES 9.00 COMPLAINTS 10.00 LAWS, LICENSES, AND TAXES 11.00 NONDISCRIMINATION 12.00 INDEMNITY 13.00 INSURANCE 14.00 BOND 15.00 BASIS AND METHOD OF PAYMENT 16.00 TRANSFERABILITY OF CONTRACT 17.00 OWNERSHIP 18.00 TERMINATION 19.00 SUPPLEMENTARY INFORMATION 1.00 DEFINITIONS The following words and terms when used herein shall be defined as follows: 1.01 Approved Commercial Garbage Containers: Contractor furnished commercial bins (two - yard minimum capacity). These containers are designed for automated collection. All containers have permanently attached, tight -fitting lids, and will meet all State of Utah Department of Health regulations. 1.02 Approved Container: Containers approved by the City in its solid waste rate resolution, which are designed and suitable for automated solid waste collection. 1.03 Approved Residential Garbage Containers: 95-gallon containers provided by the City. These containers are designed specifically for automated collection, and are equipped with wheels for easy movement by residents and other City users. All containers have 1 AGENDA Page 113 of 137 permanently attached, tight -fitting lids. Such containers may be referred to as "Standard". 1.04 Automated Collection: Solid waste collection using specialized trucks capable of lifting and emptying specially designed solid waste receptacles. 1.05 Bob's Transfer Station: Transfer station operated by Bob's Sanitation located at 2295 South Hwy 191. 1.06 Bulky Wastes: Wastes that are not capable of being stored in the approved containers and cannot be picked up by automated collection vehicles, including items such as appliances, furniture, large tree branches, lawn sod, Christmas trees, etc. 1.07 Business: Location or structure used or occupied on a temporary or permanent basis for purposes of carrying on a trade or profession for a profit. 1.08 Centralized Collection: Shall be defined to mean a group of residences, as defined in Chapter 8.04 of the Moab Municipal Code, receiving solid waste collection at a single point utilizing a dumpster or other approved container, rather than individual cans kept by each dwelling. 1.09 City: The City of Moab and all lands within its municipal limits, as same may change from time to time. 1.10 Commercial: All classes of customers receiving solid waste collection services which, however denominated, are not classified as a residence, including, without limitation, offices, restaurants, hotels, resorts, motels, campgrounds, inns, government buildings, churches, hospitals, schools, meeting facilities, retail establishments, industrial facilities, workshops, warehouses, garages, businesses,or any other type of non-residential land use. 1.11 Commercial Users: Solid waste customers meeting the definition of "Commercial" in Section 1.10, supra. 1.12 Contractor: The person or legal entity performing residential and commercial solid waste collection and disposal under contract with the City. 1.13 Construction Waste: Waste defined as a Special Waste under City ordinances which includes building materials and rubble resulting from construction, remodeling, repair or demolition operations on houses, buildings, structures, or pavements. 1.14 Klondike Landfill Landfill operated by the Grand County Solid Waste District located at 15350 N. Highway 191 (approximately 19 miles north of City limits). 1.15 Moab Landfill - Class IV Landfill operated by the Grand County Solid Waste Management District, located on Sandflats Road. 2 AGENDA Page 114 of 137 1.16 Residence or Residential: Solid waste customers consisting of a house, apartment, town home, condominium, mobile home, or other structure which is lawfully occupied as a human dwelling, but excluding hotels, motels, inns, campgrounds, or other dwellings lawfully operated as overnight accommodations. 1.17 Solid Waste: Commercial or residential garbage, refuse, trash, or other discarded material, including solids, liquids, and semi -solid materials such as food scraps, rags, cardboard, yard waste, glass, paper, plastics, cans, or wood, but excluding the types of waste defined as Special Wastes. 1.18 Special Waste: shall be defined to mean the following materials: 1. medical or infectious waste; 2. animal carcasses; 3. discarded appliances; 4. construction debris, including drywall; 5. motor vehicles; 6. sewage, sludge, or septage; 7. explosives; 8. toxic or hazardous wastes as defined by Utah or federal law; 9. materials collected for recycling; 10. used motor oil; 11. mining slag, drilling mud, or other wastes from mineral extraction or industrial operations; 12. ashes or other material which is combusting; and 13. materials which cannot be collected by the Contractor pursuant to the terms of the franchise agreement. 14. restaurant grease 15. large metal objects 1.19 Sundown: The time established by the National Weather Service for sundown in the Southeastern Utah area. 3 AGENDA Page 115 of 137 2.00 SCOPE OF WORK The work shall consist of all items contained in this document, including all necessary supervision, materials, equipment, labor and all other items necessary to complete the work in accordance with the Contract Documents. The Contractor is free, subject to any agreement privately entered into between the Contractor and others, to provide solid waste collection outside of the City. Work under this contract includes collection of solid waste from all City facilities, participation in cleanup campaigns and annual Christmas tree collection at established drop-offs, in coordination with the City. 3.00 WORKING CONDITIONS 3.01 Continuance of Service in Inclement Weather: The Contractor understands the City is subject to inclement weather conditions including but not limited to snow, high winds, rain, heat and flooding. In such situations involving inclement weather, Contractor will continue collection services. Where inclement weather causes interruption in service the Contractor shall promptly notify affected customers and make arrangements for resumption of service and collection of solid waste within twenty-four (24) hours of the cessation of any inclement weather event. 3.02 Excuse from Performance: The parties shall be excused from performance in the event of war, civil insurrection, seismic event, geological catastrophe, wildfire, sustained flooding, acts of God, or other similar events which are beyond the control of the parties and which render performance impossible. 3.03 Labor Disputes: Contractor shall not be excused from performance as a result of strike or labor unrest by its employees or subcontractors (if any), including work stoppage or slowdown, picketing, wildcat strike, or other similar organized job action. Contractor agrees that it shall provide suitable alternate employees and equipment for uninterrupted service in the event of any strike or job action. 3.04 Notice: Any party claiming excuse from performance shall provide notice to the other party not later than forty-eight (48) hours from the time that party has notice of any such event. Should any event described in Section 3.02 prevent performance for a period of ten (10) consecutive days, the parties stipulate that this contract shall terminate, each party to have no further liability to the other. 3.05 Collection Outside the Scope of Agreement: Solid waste or other excess material generated as a result of any of the events described in Section 3.02 shall not be regarded as within the scope of the work defined by this contract. Should such an unforeseen event described in Section 3.02 generate waste materials in excess of average solid waste volumes, under circumstances where the parties elect not to terminate this Contract, the parties agree to negotiate reasonable additional compensation to be paid the Contractor for collection of same. AGENDA Page 4 of 16 Page 116 of 137 4.00 COLLECTION FROM PUBLIC SITES 4.01 City Facilities: Work under this contract includes collection and disposal of all solid waste from all City facilities. Solid waste shall be collected at the following locations at the following rates. Additional facilities may be added and the container size and collection schedule may be modified over the term of the contract. Prices for said additional services and changes shall be negotiated and approved in writing between the City Manager and the Contractor. City Facilities: Pick Up Site Monthly Monthly Charge Charge through Effective Collection June 30, July 1, Address Container Size Schedule 2010 2010 Old City Park Old City Park Road 2 2yds 2 times a week $48 $86 Swanny City Park 181 W 4th N 20 green cans 2 times a week no charge $12/can Rotary Park 680 Millcreek Dr. 2 2yds 2 times a week $48 $86 Swimming Pool (when facility is in operation) 181 W 4th N 1 2yd 2 times a week $40 $86 no service at this City Gym 203 East Center St time n/a no charge no charge City Hall 115 W 200 S 1 2yd 2 times a week $48 $48 City Shop 470 Kane Creek 1 2yd 4 times a week $86 S86 Wstwtr Trtmt Pint 1070 W 400 N 1 2yd 1 time a week no charge no charge MARC III E. 100 N 1 2yd 2 times a week S40 S48 City Ball Park 200 E Center 8 green cans on call/as needed no charge $12/can City Animal Shelter 203 East Center St. 1 green can I time a week no charge $12/can Main St. & Off Moab Street Cans Main 41 street cans 2 times a week $12/can $12/can AGENDA Page 4 of 16 Page 117 of 137 5.00 MATERIALS COLLECTED 5.01 Materials Collected: The Contractor shall collect all residential and commercial solid waste as generated within the City. 5.02 Special Waste: The Contractor shall not be required to provide collection service for materials defined as Special Waste under this Contract. Bulky waste, which cannot be accommodated by Contractor's equipment, shall also be excluded from this Contract. 6.00 VEHICLES AND CONTAINERS 6.01 Vehicles: A. General. Contractor shall provide a fleet of collection vehicles sufficient in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms and related City Ordinances (esp. Moab Municipal Code, Chapter 17. 76-Noise Ordinance). Contractor agrees to maintain each piece of equipment used by it in the performance of this Agreement in good order and repair. Contractor shall have sufficient back-up vehicles and qualified operators for each type of collection vehicle used to respond to complaints and emergencies available on collection days. B. Specifications. All vehicles used by the Contractor in providing solid waste collection services shall be registered with the Utah State Department of Motor Vehicles and shall meet or exceed all legal standards. The Contractor agrees to maintain all of its collection vehicles in compliance with the provisions of the Utah State Vehicle Code. C. Vehicle Identification. The Contractor's name, local telephone number, and a unique vehicle identification number designed by the Contractor for each vehicle shall be prominently displayed on all vehicles, in letters and numbers no less than two and one-half (2 ''Y2) inches high. The Contractor shall not place the City's logo on its vehicles. D. Cleaning and Maintenance. 1. General The Contractor shall maintain all of its properties, facilities, and equipment used in providing service under this Agreement in a safe, neat, clean and operable condition at all times, and uniformly painted, to the satisfaction of the City Manager or his/her designee. 2. Cleaning Vehicles used in the collection of solid waste shall be thoroughly washed and thoroughly steam cleaned on a regular basis so as to present a clean appearance and minimize odors. The City may require the painting of any vehicle that does not present a satisfactory appearance, as deemed by the City Manager or his/her designee, at any time. All graffiti shall be removed immediately. The City may inspect vehicles at any time to determine compliance with sanitation requirements. The Contractor shall make vehicles Page 4 of 16 AGENDA Page 118 of 137 available to the Southeastern Utah District Health Department for inspection at any frequency it requests. 3. Maintenance The Contractor shall inspect each vehicle on a regular basis to ensure that all equipment is operating properly. Vehicles which are not operating properly shall be taken out of service until they are repaired and do operate properly. Contractor shall also perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. The Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage and shall make such records available to the City upon request. 4. Repairs The Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment, including dents or other body damage, for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a neat, safe and operable condition. If an item of repair is covered by a warranty, the Contractor shall obtain warranty performance. The Contractor shall maintain accurate records of repair, which shall include date/mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed. 5. Inventory The Contractor shall furnish sufficient equipment to provide all service required under this Agreement, including backup collection vehicles. The Contractor shall furnish the City a written inventory of all vehicles ("Vehicle Inventory List"), including collection vehicles used in providing service, and shall update the inventory annually. The inventory shall list all vehicles by manufacturer, ID number, date of acquisition, type, capacity and decibel rating. 6. Storage Contractor shall arrange to store all vehicles and other equipment in safe and secure location(s) in accordance with City's applicable zoning regulations. 7. Operation. Vehicles shall be operated in compliance with the Utah State Vehicle Code and all applicable safety and local ordinances. The Contractor shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local weight restrictions on vehicles. The Contractor shall use all reasonable means to minimize any backing of collection vehicles while on their routes. 6.02 Solid Waste Storage Containers A. Residential. The City shall provide sufficient approved containers for residential use. The City shall assist Contractor with delivery and assembly of residential containers as needed during the term of this agreement, and the Contractor shall provide personnel as necessary to record serial numbers of containers and the residences or locations to which they are delivered. Contractor shall assist the Page 4 of 16 AGENDA Page 119 of 137 AGENDA City with maintenance of containers. Contractor may take cans onto Contractor's premises for the purposes of minor repair and limited storage, as provided for in this section. City -provided containers will be stored at the City of Moab Public Works Yard, located on Kane Creek Blvd. Contractor shall make arrangements with the City to obtain cans for use pursuant to this Contract, and shall maintain records of cans in Contractor's possession. Within 72 hours of notification of damage, the Contractor shall repair or replace all containers damaged by the Contractor during the term of this Agreement, normal wear and tear excepted. It is further agreed that all 95-gallon residential containers are the property of the City. The City will provide replacement 95-gallon residential containers as needed as a result of ordinary wear and tear. B. Commercial. Commercial containers shall be provided by the Contractor. All containers with a capacity of one cubic yard or more shall meet applicable federal regulations on solid waste bin safety. Contractor shall provide rectangular commercial bins (two -yard minimum capacity) to commercial customers upon request. All containers provided by the Contractor shall be painted the Contractor's standard color and shall prominently display the name and telephone number of the Contractor. All non-residential bins and containers are to be maintained and cleaned by the Contractor at no charge to the customer. Provisions to lock containers shall be provided at customer request, at a rate to be determined between the Contractor and the customer. C. Repair and Replacement. Contractor shall repair or replace commercial containers damaged by collection operations or as a result of ordinary wear and tear at no cost to the City or customers, and shall replace residential containers damaged by collection operations. 6.03 Unapproved Containers: The Contractor shall not be required to collect solid waste unless it is in an approved container, as defined in Paragraph 1, except as otherwise provided for in this Agreement. 6.04 Special Services and Containers: The Contractor will provide, at no additional cost, special service for handicapped persons or senior citizens not able to handle the 95-gallon approved garbage container. 6.05 Container Location: Contractor shall not be required to pick-up containers that are not within two feet of the blacktop. 7.00 COLLECTION OPERATION 7.01 Collection Point: Normal collection points are established in Moab Municipal Code Chapter 8.04. Commercial collection points shall be at a point negotiated between the Contractor and each Commercial user. Page 4 of 16 Page 120 of 137 7.02 Hauling: All solid waste hauled by the Contractor shall be contained or enclosed so that leaking, spilling, or blowing of the material is prevented. In the event of any spillage by the Contractor, the Contractor shall immediately clean up the litter. The Contractor shall immediately clean up any fluid leaks emanating from the Contractor's collecting equipment, including but not limited to hydraulic fluids and oil. 7.03 Litter: The Contractor shall not litter premises in the process of making collections. The Contractor shall not be required to collect or clean up material that has not been placed in an approved container. 7.04 Disposal Onlv at Authorized Facilities: All residential and commercial solid waste collected shall be hauled by the Contractor to the landfill facilities as required by regulations, and as designated by the City. Contractor shall ensure that all waste collected by the contractor within City limits, is deposited at a facility operated by or franchised by the Grand County Solid Waste Management District. Approved facilities at present are the Klondike Landfill, the Moab Landfill, and Bob's Transfer Station. The Contractor shall become familiar with and abide by all rules, regulations, laws, contracts, provisions, etc., related to the use of such disposal facilities. 7.05 Collection Schedule: The Contractor shall prepare a collection schedule which shall ensure regular weekly collection service for residential customers, and daily or as needed service for commercial customers. Adequate equipment, forces and materials shall be made available by the Contractor to start work on the date ordered by the City and to comply with the collection schedule. The Collection schedule shall show the days of the week on which collection will be made at each residential unit in the collection zone. All regular residential collection shall be made Monday through Saturday. The Contractor shall coordinate with each commercial customer to determine the collection schedule for that customer. Commercial collection shall be made Monday through Saturday. The schedule should include accommodations for holidays as specified in Section 7.06. Adjustments may be made for holidays or emergencies upon prior written approval by the City. Maps and schedules of collection routes shall be made available to the City upon request. 7.06 Holidays: The following may be considered by the Contractor to be holidays for purposes of this contract: New Years Day Thanksgiving Day Christmas Day Contractor may observe some all of the above -mentioned holidays by suspension of collection service on that holiday. Should the Contractor elect to observe any of said holidays, the Contractor shall notify each and every residential customer in Page 4 of 16 AGENDA Page 121 of 137 the City of the holiday collection schedule by newspaper notice, which the contractor shall cause to be published in a newspaper of general circulation. Notice shall be published at least two days prior but not more than seven days prior to the interruption of regular collection. The notice shall clearly state the new collection date and the area affected by the new collection date. If the collection is made the day immediately following the holiday, no published notice shall be necessary. 7.07 Time of Collection: The Contractor shall not commence collection of solid waste in residential areas prior to 7:00 A.M. or continue after 9:00 P.M., and prior to 6:30 am or after 9:00 P.M. in commercial areas, without approval of the City. The Contractor shall complete all regularly scheduled routes before sundown. 7.08 City Not Liable for Delay: In no event shall the City be liable or responsible to the Contractor or to any other person for or on account of any stoppage or delay in the work herein provided for or by any injunction or other legal equitable proceedings, or as a result of any delay for any cause over which the City has no control. 7.09 Books, Records, and Contract Confidentiality: The Contractor shall keep records of the volumes of waste collected and delivered to the landfill and of the charges therefore and agrees to furnish to the City said records upon request. The City shall have the right to review any records. 7.10 Tipping Fees: The Contractor shall pay all tipping fees owing to the landfill or other solid waste facility. In the event that the Contractor does not pay tipping fees in a timely manner, as agreed upon between the Contractor and the solid waste facility, the City shall have the right to deduct the amount of tipping fees from the monthly payment from the City to the Contractor and pay same to the applicable facility. 7.11 Notification of Violations: The Contractor's employees shall notify property owners of violations of the City's solid waste collection and disposal regulations. Notification shall be given by filling out and attaching to the solid waste can handle a violation notification form detailing the violation and remedy. The Contractor's employee shall keep a written record of all such notices distributed and shall furnish to the City said records upon request. 7.12 Contingency Plan: Contractor shall submit to City within 30 days of the Effective Date of this Agreement a written "Contingency Plan" demonstrating Contractor's arrangements to provide vehicles and personnel and to maintain uninterrupted service during mechanical breakdowns, and in case of natural disaster, strikes or other emergency, including events described above. The contingency plan shall identify specific personnel (e.g., management, contract labor, etc.) and equipment to be used, and the manner in which it will be used (e.g., double shifts, 7 days per week collection) to provide uninterrupted service during the mechanical breakdowns, and in case of natural disaster, strikes or other emergency, including Page 4 of 16 AGENDA Page 122 of 137 events described above. 8.00 EMPLOYEES The Contractor agrees to prohibit any employee from working while under the influence of alcohol, drugs or while otherwise impaired. Employees who normally and regularly come into direct contact with the public shall bear some means of individual identification such as a nametag, hat or identification card. Employees driving the Contractor's vehicles shall at all times possess and carry a valid commercial driver's license issued by the State of Utah having a class required to operate the collection vehicle being operated. Contractor's employees, officers, agents and sub -contractors shall not, under any circumstances, be allowed to identify themselves or in any way represent themselves as being employees or agents of the City. 9.00 COMPLAINTS It is of the utmost importance that the services required under this contract be provided in a reasonable and responsive manner sufficient to develop and sustain adequate public acceptance and support of Contractor's services. As a condition of accepting this Contract, Contractor assures that service will be performed in this manner and to adhere to the following: 9.01 Office: The Contractor shall maintain a local telephone number and such other office facilities through which he/she can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M. on regular business days. The office shall be within 10 miles of the City limits. The Contractor shall maintain the capability to receive service complaints by telephone (in person) during all normal working hours; and by telephone, in person, or by recorder at all other times. The Contractor shall furnish the City with after-hours telephone numbers for emergency response. 9.02 Response and Resolution: The Contractor shall resolve all complaints regarding services in a prompt, courteous and expeditious manner. Whenever the Contractor receives notification of locations which have not received scheduled service, the Contractor shall provide collection before 9:00 P.M. the same day, if notice is received before 1:00 P.M. If notice is received after 1:00 P.M. collection shall be provided before 10:00 A.M. the following day. 9.03 Documentation: The Contractor shall maintain a permanent log of all significant service complaints. The Contractor shall submit a summary of this log to the City upon request. 9.04 Performance Standards and Liquidated Damages: Should the daily average or verified missed residential services exceed 2% of the residential units during any month, liquidated damages equal to $10.00 times the number of missed services shall be deducted from the Contractor's payment. Should the daily average of Page 4 of 16 AGENDA Page 123 of 137 verified missed commercial services exceed 1 % of the total number of commercial accounts during any month, liquidated damages equal to $20.00 times the number of missed services shall be deducted from the Contractor's payment. On the second notice of any verified uncorrected complaint, the City may, at its option, remedy the complaint and assess $50.00 liquidated damages, to be deducted from that month's payment. The Contractor and the City recognize that the City will suffer damage if the Contractor fails to comply with the aforesaid provisions, that such damages would be difficult to ascertain, and that the aforesaid sum is a reasonable and agreed estimate of the City's actual damages for each such failure of the Contractor. 10.00 LAWS, LICENSES, AND TAXES The Contractor shall conduct operations under this Contract in compliance with all applicable laws. The Contractor shall obtain all licenses and permits, and promptly pay all taxes required by governmental agencies. 11.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 12.00 INDEMNITY The Contractor shall indemnify, save harmless, and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs and expenses, and attorneys' fees incident to any work done in the performance of this Contract arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees; provided however, that the Contractor shall not be liable for any suits, actions legal proceedings, claims, demands, damages, cost, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants, and employees. 13.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Worker's Compensation, Public Liability, and Property Damage Insurance as provided herein. All insurance shall be by insurers and for policy limits acceptable to the City and shall name the City as an additional insured entity. Before commencement of work the Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligation: Page 4 of 16 AGENDA Page 124 of 137 "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice shall be given the certificate holder." 13.01 Coverage Amounts For the purpose of Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Coverage Limits of Liability Worker's Compensation Statutory Bodily Injury Liability $2,000,000 each occurrence Except Automobile $2,000,000 aggregate Automobile Bodily Injury $2,000,000 Liability $2,000,000 each occurrence Automobile Property Damage $2,000,000 each occurrence Liability 14.00 BOND 14.01 Performance Bond: For the duration of the contract Contractor shall execute, deliver, and maintain at its own expense a financial guarantee in a form acceptable to the City for the purpose of securing the satisfactory performance of the obligations contained in this agreement. The performance guarantee shall be in the form of a surety bond, letter of credit, or certificate of deposit issued by a bank, insurance company, or other reputable financial institution. In the event of default, as defined in the contract, the City shall be entitle to draw upon the financial guarantee up to its stated limits for the purpose of reimbursing or obtaining payment for any and all direct, incidental, and consequential damages resulting from breach, including costs incurred collecting or contracting for the collection of solid waste. The amount of the financial guarantee shall not be less than one hundred thousand dollars ($100,000.00). Contractor shall satisfy this Section by providing a certificate of deposit or letter of credit in the amount of one hundred thousand dollars or a combination of a certificate of deposit or letter of credit in the amount of $50,000.00 and a surety bond in the amount of $50,000 to meet the required amount. The parties agree that any certificate of deposit or letter of credit provided the Contractor under this Section shall be the Primary Guarantee of Page 4 of 16 AGENDA Page 125 of 137 performance. In the event of default, the Primary Guarantee shall be drawn upon first by the City, until such time as all funds are exhausted. Upon exhaustion of the Primary Guarantee, the City shall be entitled to draw upon the surety bond, which shall be regarded as the Secondary Guarantee. Any change in the instrument(s) used to satisfy the financial guarantee shall be approved in advance in writing by the City Manager. The surety on the performance bond shall be a licensed corporate surety authorized to transact business in the state of Utah. A current power of attorney authorizing the signatory to sign for and bind the surety shall accompany each surety bond posted under this Section. 15.00 BASIS AND METHOD OF PAYMENT 15.01 Rates and Charges Contractor shall be paid for solid waste collection services actually performed as specified below: Residential Rate $16.00 per residence per month (single approved container, 95 gallons); $ 6.00 per month each additional 95 gallon container per residence; Residential Rate, Centralized Collection $15.00 per residence per month (regardless of container type or number); Commercial Rate Two Cubic Yard Automated Bin (rates are per bin) pickup frequency: once a week twice a week three times a week four times a week five times a week six times a week seven times a week rate per month: $48.00 $86.00 $122.00 $156.00 $187.00 $201.00 $223.00 15.02 Collection and Billing Charges: The City shall prepare for the Contractor's approval a billing summary that shows the total amount billed to customers as provided for herein. Said billing summary shall be presented by the City Treasurer to the Contractor for review and approval by the last day of each month. Contractor shall review and approve the billing summary within two business days of presentation to the Contractor by the City Treasurer. Within three calendar days after Contractor approves the billing summary, City shall pay Contractor the amount shown on the approved billing summary. The approved billing summary shall constitute a written request for payment by the Contractor. The Contract Revenue payable to the Contractor shall be the amount billed to customers pursuant to the approved request for payment, less the sum of five percent which shall be retained by the City as payment for performing billing Page 4 of 16 AGENDA Page 126 of 137 services. Adjustments to any month's billing summary may be made in subsequent months if approved in writing by the City Treasurer and the Contractor. In its discretion, the City may deduct from Contract Revenue any refund owing a customer due to a billing error, retroactive to a maximum of three months (without pro -ration) from the date the correction is made. In the event that the City determines from time to time that a customer account is deemed uncollectible, as provided for in subsection A below, then the parties agree that the Contractor's 50% share of the uncollected sums shall be deducted from the Contract Revenue payable on the next succeeding month. Review of uncollectible accounts shall take place at least annually. A. The City shall promptly pursue collection of unpaid accounts, whether by issuing shut-off notices or by other collection means, and sums collected shall be included in the Contract revenue owing the Contractor, as defined above. In the event that the City determines, in its discretion, that delinquent accounts are uncollectible, then the parties agree that fifty percent (50%) of the sums owing and deemed uncollectible shall be excluded from the Contract revenue. B. Where solid waste and culinary water service is suspended by the City due to non- payment by the customer, the City shall promptly notify the Contractor and solid waste service shall be suspended until the sums owing are either paid by the customer or the City is otherwise obligated to restore service. C. This Section 15.02 shall not apply to accounts which are delinquent and unpaid prior to the execution by both parties of the Solid Waste Franchise Agreement renewal. 15.03 Unoccupied Residential Units. Residential units, which are unoccupied for periods in excess of thirty days, as determined by the City Treasurer, shall not receive solid waste collection service and shall not be counted toward the total revenue payable to the Contractor under this Section. Contractor shall be notified when residential units are unoccupied and shall be allowed to suspend service and remove the approved containers. 15.04 Type of Use Controls Rates The solid waste collection rate applicable to a given property shall be based upon the type of land use, whether commercial or residential, regardless of the type of can used by the customer. Properties with more than one land use shall be charged the higher applicable rate. 16.00 ASSIGNMENT No assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume the liabilities and obligations of the Contractor under this Contract. Page 4 of 16 AGENDA Page 127 of 137 AGENDA 17.00 OWNERSHIP 17.01 Title to Solid Waste: Title to all solid waste that Contractor has agreed to accept shall pass to the Contractor when placed in Contractor's collection vehicle, is removed by Contractor from a container, or is removed by Contractor from the Residential or Commercial Unit, whichever last occurs. Contractor does not agree to collect or accept Special Waste as defined herein and does not agree to accept title to such Special Waste. Contractor will use their best efforts to recover any items which a resident or business may have inadvertently or unintentionally deposited in a container, and if located, will relinquish possession and title to such resident. 18.00 DEFAULT AND TERMINATION All terms and conditions contained in this agreement shall be regarded as material, including collection standards, and the failure to perform any part of this contract shall constitute a breach of contract. In addition, the following events shall constitute breach: a. Failure by act or omission to perform any provision of this Contract agreement, when such failure is not cured within two (2) business days of delivery of written notice of same to the Contractor. Nothing in this section shall be construed to excuse breaches which are not subject to notice under this section. Likewise, subsequent or repeat notices of breach shall not be required where additional or similar violations of the same contract provision occur. b. The filing by Contractor or other interested party of a petition in bankruptcy or receivership, however denominated, or other similar pleading or court process seeking relief from debt or debt reorganization. c. Assignment of all or substantially all of the Contractor's assets, equipment, corporate stock, or other indicia of ownership without prior approval of the City. d. Failure generally by the Contractor to pay debts incurred in the performance of this contract as they become due. e. The seizure by a creditor, whether by pre- or post judgment process, of equipment, inventory, or funds used or necessary for the performance of this contract. f. The service upon the City of writs of garnishment or other process or demands of financial guarantee encumbering contract funds by a creditor of the Contractor. g. Failure to provide adequate assurances of performance upon demand by the City. 18.1 Termination: The City shall be entitled to terminate the agreement for cause upon delivery of written notice to the Contractor, which termination shall take effect not less than five (5) days from delivery of notice. The City shall not be required to seek or provide a pre -termination administrative or judicial hearing. Page 4 of 16 Page 128 of 137 19.00 SUPPLEMENTARY INFORMATION This section is intentionally left blank. APPROVED AND ACCEPTED AS SET FORTH BELOW. Bob's Sanitation, Inc. State of Utah County of Grand ) %/--\.30 _o Date CARMELLA GALLEY Notary Public State of Utah Comm. Na, 576525 My Cam Empires Sap 22, 2012 On the c50 day of kovekh6fr al) er, personally appeared before me 110 1)r r f 6 . 1 -auks , who duly acknowledged to me that they executed the same. f� Ai/6— div `y/ Notary Public My Commission Expires: /72L/Zo IL Residing in: Grand County City of Moab By: II-3o—o ff David Sak.^son, Mayor Date Atte By: 0 — o ff Rachel Ellison,_City Recorder Date AGENDA Page 4 of 16 Page 129 of 137 EXHIBIT B Chapter 8.04 SOLID WASTE ARTICLE I. SOLID WASTE COLLECTION 8.04.010 Definitions. 8.04.020 Mandatory collection. 8.04.030 Rates and charges. 8.04.040 Automated collection and point of collection. 8.04.050 Collection schedule; time of placement. 8.04.060 Rules and regulations. ARTICLE 11. HEALTH AND SAFETY 8.04.070 Accumulations and disposal on property prohibited. 8.04.080 Burning prohibited. 8.04.090 Dumping prohibited. 8.04.100 Pre -enforcement notice. 8.04.110 Abatement. 8.04.120 Collection. 8.04.130 Criminal enforcement. 8.04.140 Successive violations. ARTICLE I. SOLID WASTE COLLECTION 8.04.010 Definitions. The following definitions shall apply to this chapter: "Approved commercial garbage containers" means contractor -furnished commercial bins (two -yard minimum capacity). These containers are designed for automated collection. All containers have permanently attached, tight -fitting lids, and will meet all state of Utah Department of Health regulations. "Approved container" means containers approved by the city in its solid waste rate resolution, which are designed and suitable for automated solid waste collection. "Approved residential garbage containers" means ninety -five -gallon containers provided by the city. These containers are designed specifically for automated collection, and are equipped with wheels for easy movement by residents and other city users. All containers have permanently attached, tight -fitting lids. Such containers may be referred to as "Standard." "Automated collection" means solid waste collection using specialized trucks capable of lifting and emptying specially designed solid waste receptacles. "Business" means a location or structure lawfully used or occupied, on either a AGENDA Page 130 of 137 temporary or permanent basis, for purposes of carrying on a trade or profession for a profit. "Centralized collection" means a group of residences, as defined in this chapter, receiving solid waste collection at a single point utilizing a dumpster or other approved container, rather than individual .cans kept by each dwelling. "City" means the city of Moab and all territory within its municipal limits as same may change from time to time. "Commercial" means all classes of customers receiving solid waste collection service which, however denominated, are not classified as a residence, including, without limitation, offices, restaurants, hotels, resorts, motels, campgrounds, inns, government buildings, churches, hospitals, schools, meeting facilities, retail establishments, industrial facilities, workshops, warehouses, garages, businesses or any other type of nonresidential land use. "Contractor" means the person authorized by contract with the city to collect and dispose of solid waste generated within the city limits. "Residence" or "residential," as applied in this chapter, means those solid waste customers consisting of a house, apartment, town home, condominium, mobile home, or other structure which is lawfully occupied as a human dwelling, but excluding hotels, motels, inns, or other dwellings lawfully operated as overnight accommodations. "Solid waste" means commercial or residential garbage, refuse, trash, or other discarded material, including liquids and semisolid materials such as food scraps, rags, cardboard, yard waste, glass, paper, plastics, or wood, but excluding the types of waste described in "special waste." "Special waste" means the following materials: 1. Medical or infectious waste; 2. Animal carcasses; 3. Discarded appliances; 4. Construction debris; 5. Motor vehicles; 6. Sewage, sludge, or septage; 7. Explosives; AGENDA Page 131 of 137 8. Toxic or hazardous wastes as defined by Utah or federal law; 9. Materials collected for recycling; 10. Used motor oil; 11. Mining slag, drilling mud, or other wastes from mineral extraction or industrial operations; 12. Ashes or other material which is combusting; 13. Bulky materials which cannot be collected by the contractor using automated collection pursuant to the terms of the franchise agreement; 14. Restaurant grease; and 15. Large metal objects. (Ord. 04-06 (part), 2004) 8.04.020 Mandatory collection. Solid waste shall only be collected within the city limits by the approved contractor pursuant to the terms of a solid waste collection franchise agreement with the city. As defined in this chapter, every residence or commercial establishment shall be required to receive and pay for solid waste collection services from the city. Nothing in this chapter shall be construed to prohibit a person from hauling residential or commercial solid waste or special waste generated from a location owned by that person to an authorized disposal facility, provided that the owner shall at all times remain liable for solid waste collection service charges assessed by the city pursuant to this chapter. (Ord. 04-06 (part), 2004) 8.04.030 Rates and charges. Rates for solid waste collection shall be established and modified from time to time by the city council. Every solid waste customer within city limits, whether residential or commercial, receiving culinary water or sewer service from the city, shall be billed for solid waste service together with water or sewer service charges. As provided for water and sewer service charges, the owner of every property required to receive solid waste collection services shall be required to execute an application agreeing to be liable for all charges for service. In the event that a property owner fails or refuses to pay for solid waste service, the city shall be authorized to discontinue providing solid waste service and to disconnect the culinary water service connection to the property until all accrued charges have been paid in full. Prior to terminating service, the city shall deliver a written notice of default to the owner advising that if payment is not made in full by a date specified, the city will discontinue solid waste and culinary water service to the property. Any person wishing to contest a notice issued under this AGENDA Page 132 of 137 section may request a hearing before the city council pursuant to Section 8.04.100 of this chapter. A. Solid waste charges may be suspended for residential customers for periods of time in excess of thirty days when the residence is unoccupied, provided that the property owner provides written notice to the city treasurer of same. During the period the residence is unoccupied, culinary water service and solid waste service shall be suspended. In no case shall solid waste service be suspended pursuant to this subsection during a time in which the residence also receives culinary water service. B. Each residential unit shall be billed separately for solid waste service, unless centralized collection is authorized pursuant to Section 8.04.040 of this chapter. Rates assessed on residential customers shall be assessed on a per unit basis. C. In its discretion, the city may issue a refund to a customer due to a billing error, retroactive to a maximum of three months (without proration) from the date the correctionis made. D. The solid waste collection rate applicable to a given property shall be based upon the type of land use, whether commercial or residential, regardless of the type of container used by the customer. Properties with more than one land use shall be charged the higher applicable rate. (Ord. 04-06 (part), 2004) 8.04.040 Automated collection and point of collection. All solid waste shall be deposited into approved containers for automated collection by the contractor. The point of collection shall be at the curb of a public street or alley. In the event that the property of the customer is not adjacent to a public street or alley, the customer shall place the container in the next most accessible location acceptable to the contractor, which may be on private property. Property owners shall allow the contractor reasonable access to their property for purposes of collection. A. Centralized collection may be authorized by the city for residential customers where site constraints make individual can service impracticable, and where there is an individual property owner or entity that assumes liability for payment of all solid waste collection services. The city shall provide such authorization in writing. The rate owing for such service shall be based upon the centralized collection rate multiplied by the number of residential units. Residential customers utilizing centralized collection not authorized by the city shall pay the standard residential rate. (Ord. 04-06 (part), 2004) AGENDA Page 133 of 137 8.04.050 Collection schedule; time of placement. Collection of solid waste shall be pursuant to schedules established by the city and contractor, except that customers can request and pay for additional pickups in accordance with approved rates as needed. Solid waste shall not be placed out for pickup more than twenty-four hours before a scheduled pickup. Empty cans shall be promptly removed from the curb within twenty-four hours of pickup. (Ord. 04-06 (part), 2004) 8.04.060 Rules and regulations. City staff may promulgate additional rules and regulations as are necessary or appropriate to implement this chapter. All such regulations shall be written and made available to the public. (Ord. 04-06 (part), 2004) ARTICLE II. HEALTH AND SAFETY 8.04.070 Accumulations and disposal on property prohibited. No owner or lessee of real property shall knowingly allow or cause solid waste or special waste to be deposited, disposed, or otherwise allowed to accumulate upon property which is not zoned and licensed as a storage or disposal site. A. Accumulations of solid waste or special waste as a result of ordinary commercial or residential activities is permitted in advance of regularly scheduled pickups, provided that all solid waste is housed in approved containers, and any special waste is properly contained so as to prevent odors, fumes, leaks, dust, insects, unsightly debris, animal infestations, or other hazardous conditions or nuisances. (Ord. 04-06 (part), 2004) 8.04.080 Burning prohibited. No person shall knowingly cause or allow solid waste or special waste to be burned or incinerated within the city. (Ord. 04-06 (part), 2004) AGENDA Page 134 of 137 8.04.090 Dumping prohibited. No person shall knowing dump, leave, deposit, or release solid waste or special waste upon any real property within the city, except in conformity with local zoning requirements and applicable state and federal regulations. (Ord. 04-06 (part), 2004) 8.04.100 Pre -enforcement notice. Prior to commencing any civil enforcement or collection proceedings for a default or other violations of this chapter, the city shall first deliver written notice to the affected person advising of the nature of the violation and allowing a reasonable opportunity to cure or abate the violation, or request a hearing before the city council. A person wishing to contest a notice issued under this section may request a hearing by delivering written notice to the city prior to the expiration of the cure period. A timely notice shall stay enforcement proceedings until a hearing can be held. The city council's decision shall be final for purposes of seeking judicial review or enforcement. The exhaustion of this administrative remedy shall be a jurisdictional prerequisite to a judicial action by any person challenging the validity of any enforcement or administrative action by the city. (Ord. 04-06 (part), 2004) 8.04.110 Abatement. In the event that a party fails to cure or abate a violation, the city may, in its discretion, elect to remove or dispose of the offending solid waste or special waste. The city, or its designee, shall be authorized to enter upon private property for the purpose of removing or abating the violation. The owner of the real property shall be liable to the city for all actual costs incurred in cleaning up or abating the violation. (Ord. 04-06 (part), 2004) 8.04.120 Collection. In addition to all other remedies, the city may commence a civil action to collect any sums owing pursuant to this chapter, or to obtain mandatory injunctive relief. In any injunctive proceeding, the city need only prove the violation of the ordinance to obtain injunctive relief. A. In no instance shall an owner or real property be held liable for solid waste, water, or sewer service charges incurred by a prior owner of the property. B. In its discretion, the city may elect to commence a civil action to collect any debt owing under this chapter. In any civil proceeding where liability is imposed, the city shall be entitled to recover its reasonable attorney fees and court costs, in addition to the relief authorized by this chapter. (Ord. 04-06 (part), 2004) AGENDA Page 135 of 137 8.04.130 Criminal enforcement. In addition to all other remedies, any violation of this chapter shall be punishable as a criminal Class B misdemeanor, as provided under U.C.A. 76-3-204 and 76-3-301. In any criminal enforcement proceeding, the court shall have jurisdiction to assess costs, order restitution to victims, or require abatement of violations, as provided by law. (Ord. 04-06 (part), 2004) 8.04.140 Successive violations. Each day of a continuing or ongoing violation of this chapter may be prosecuted as a separate offense for purposes of all remedies authorized by this chapter. (Ord. 04-06 (part), 2004) AGENDA Page 136 of 137 AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 14, 2o14 Agenda item #: 6-8 Title: Discussion Regarding City Provided Health Insurance Fiscal Impact: Unknown at this time Staff Presenter(s): Donna Metzler, City Manager and Rachel Stenta, City Recorder Department: City Recorder Applicant: N/A Background/Summary: As you are aware, the hospital (MRH) is conducting contract negotiations with Regence Blue Cross, our current health insurance carrier. One of the likely outcomes of this contract negotiation is that MRH may no longer be a contracting (in -network) facility for Blue Cross as of January 1, 2015. Staff have been exploring options for alternate carriers for city provided health insurance with the same coverage parameters of our current High Deductible Health Plan (HDHP). i Options: Discussion only. Staff Recommendation: Discussion only. Recommended Motion: Discussion only. Attachment(s): AGENDA Page 137 of 137