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PKT-CC-2013-09-10
Moab City Council September 10, 2013 Work Session 6:15 PM Open Meetings Act Annual Training Pre -Council Workshop 6:45 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 133 Agenda Page 2 of 123 Agenda September 2 013 Su Mo September 2013 October 2013 Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 5 8 9 10 11 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 1 2 3 4 5 6 7 Labor Day - Offices Closed ' 3:00pm GC Council . Work 17.00pm CV-PWC I 13.30pm MARC 15.30pm MMAD I 13:30pm GCSDBE WorkSession 4.00pm GCWB 6.00pm GCAB 5:00pm KZMU Board 7:00pm GC Council I 8 9 10 11 12 13 14 13:00pm SFSC I 12:30pm GCCOA I 112:00pm TRAIL • 12:00pm HASUB I GWSSA I I 1:30pm GCSDBE Site Visit 6:00pm GC PC 14:OOpm 14:00pm GCSWSSD I 1-6.00pm TSSSFD I 3.00 m MVFPD 15:00pm GCLB I 1-7:00pm TSSD I 5:00pm GCCMD 16:30pm Moab PC I 6:30pm Moab CC 17:00pm CVFP I 15 16 17 18 19 20 21 I 3:00pm GC Council Work 6 OOpm GCSDBE I 5 30pm MATCAB I 16.00pm GCRSSD I 7.00pm GC Council I 16.30pm CVTC I 22 23 24 25 26 27 28 12:00pm MTPSC 116:00pm GC PC I I CHCSSD I 5:00pm SEUDHD I 16:30pm Moab PC I 6:30pm Moab CC I 29 30 Oct 1 2 3 4 5 Rachel E. Stenta 1 Page 3 of 133 9/6/2013 5:36 PM Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendar\2o12\Community Calendar\zou calendar entities.xlsx Page 4 of 133 Moab City Recorder's Office October 2 013 Su Mo TOctober 2013 November 2013 u We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 29 30 Oct 1 2 3 4 5 I 3:00pm GC Council Work 7 OOpm CV -PLUG I I 3 30pm MARC I 15.30pm MMAD I I3:30pm GCSDBE WorkSession 5:00pm KZMU Board 7:00pm GC Council I 6 7 8 9 10 11 12 14:00pm GWSSA I r4:00pm GCWB I 112:00pm TRAIL • 12:00pm HASUB I 4:00pm GCSWSSD I r6:00pm GCAB I I 1:30pm GCSDBE Site Visit 6:00pm GC PC I 15:00pm GCLB I 1-6.00pm TSSSFD I 3.00 m MVFPD 16:30pm Moab PC I 1-7:00pm TSSD I 5:00pm GCCMD I 17:00pm CVFP I 6:30pm Moab CC I 13 14 15 16 17 18 19 12.30pm GCCOA I I 3:00pm GC Council Work 6 OOpm GCSDBE I 5 30pm MATCAB I 16.00pm GCRSSD I 7.00pm GC Council I 16.30pm CVTC I 20 21 22 23 24 25 26 12:00pm MTPSC I 16:00pm GC PC 16.30pm Moab PC I 6:30pm Moab CC I 27 28 29 30 31 Nov 1 2 CHCSSD Rachel E. Stenta 2 Page 5 of 133 9/6/2013 5:36 PM Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendar\2o12\Community Calendar\zou calendar entities.xlsx Page 6 of 133 Moab City Recorder's Office 2013 Municipal Election Dates September 2 013 Su Mo September 2013 October 2013 Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 5 8 9 10 11 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 1 2 3 4 5 6 7 5:00pm Electronic voter website - profile submission due 8 9 10 11 12 13 14 5:00pm Primary - campaign finance due if not proceeding to general 15 16 17 18 19 20 21 First day to display election signs (General) 15:00pm last day to declare write-in 22 23 24 25 26 27 28 29 30 Oct 1 2 3 4 5 Rachel E. Stenta 1 Page 7 of 133 9/6/2013 5:41 PM 2013 Municipal Election Dates October 2013 Su Mo TThOctober 2013 November 2013 u We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 29 30 Oct 1 2 3 4 5 6 7 8 9 10 11 12 voter registration - last day to establish residency 13 14 15 16 17 18 19 5:00pm Last day a candidate can withdraw from race 2:00pm Campaign finance - mail reminder to candidates 20 21 22 23 24 25 26 Governing Body must appoint poll workers General Election - Early voting begins Voter registration - last day to register 8:00am publish notice oil 27 28 29 30 31 Nov 1 2 8:00am campaign finance - post disclosures online 8:00am mail sample ballot to candidates/It. gov & post 5:00pm Campaign finance due (General pre -election) Rachel E. Stenta 2 Page 8 of 133 9/6/2013 5:41 PM 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, September 10, 2013 at 6:15 p.m. 6:15 p.m. WORK SESSION Open Meetings Act Training 6:45 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 August 27, 2013 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATIONS and PROCLAMATIONS 4-1 Presentation by Moab Pride About a Mutual Commitment Registry 4-2 Proclamation of September 27 through 29, 2013 as Moab Pride Festival Days in Moab SECTION 5: NEW BUSINESS 5-1 Approval of Proposed Resolution #15-2013 — A Resolution Amending the Rate for the Solid Waste Collection Franchise 5-2 Approval of Proposed Ordinance #2013-17 — An Ordinance Amending the City of Moab Municipal Code, Repealing And Replacing Chapter 5.64, Moved -On Temporary Commercial Structures 5-3 Discussion Regarding Event Surcharge Recovery Fee for Special Events 5-4 Approval of Proposed Resolution #16-2013 — A Resolution Amending the Business License Fee Schedule Page 9 of 133 Agenda 5-5 Approval of a Vendor License for Steven Lucarelli and Carrie Finn, d.b.a. Quesadilla Mobilla to Conduct a Retail Business Located at 83 South Main Street from September 1 to November 30, 2013 and March 1 to September 30, 2014 5-6 Approval of a Petition by Chad and Emily Niehaus to Vacate, Alter or Amend a Subdivision Plat of Lots 55 and 56 of the Bowen Plat of the Nichols -Bowen Subdivision in the R-2 Zone by Removing a Lot Line to Combine the Lots 5-7 Award of the Powerhouse Lane and 400 East Street Improvements Project 5-8 Approval of the Powerhouse Lane and 400 East Street Improvements Project Contract 5-9 Approval of a Federal Aid Agreement for Local Agency Project (Lions Park Trail & Transit Hub) by and between the City of Moab and the Utah Department of Transportation SECTION 6: SPECIAL EVENTS 6-1 Approval of a Revision to a Special Event License for the Moab Multicultural Center to Conduct a Market Located at 156 North and 100 West on September 14, 21, 28, October 5, 12, 19 and 26, 2013 6-2 Approval of a Special Business Event Application for Aaron McConnell/TransRockies US LP to Conduct the Moab Rocks Mountain Bike Stage Race and Social October 11 to 14, 2013 at Various Locations 6-3 Approval of Special Use of Swanny City Park by Aaron McConnell/TransRockies US LP to Conduct the Moab Rocks Mountain Bike Stage Race and Social October 11 to 13, 2013 6-4 Approval of a Class IV Special Event Retail Beer License for Aaron McConnell to Conduct a Mountain Bike Social and Award Ceremony October 11, 12 and 13, 2013 at Swanny City Park 6-5 Approval of Local Consent of a State of Utah Alcoholic Beverage Control Single Event Permit for TransRockies US LP for the Moab Rocks Event October 11, 12 and 13, 2013 at Swanny City Park 6-6 Approval of a Park Alcohol Permit for Aaron McConnell/TransRockies US LP for Swanny City Park October 11, 12 and 13, 2013 SECTION 7: READING OF CORRESPONDENCE SECTION 8: ADMINISTRATIVE REPORTS SECTION 9: REPORT ON CITY/COUNTY COOPERATION SECTION 10: MAYOR AND COUNCIL REPORTS 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 Page 10 of 133 Agenda Open and Public Meetings Act* Title 52, Chapter 4, Utah Code Why conduct JVhat is a �� business in public an open What are meeting? the What is the 24-hour requirement?'* What must be included in a public notice? What minutes and recordings must be kept? *This briefing is provided for the convenience of the Legislature, other public bodies, and citizens. Users should consult the Utah Code for definitive provisions of the Open and Public Meetings Act. r ayc I I vi 100 What if an emergency meeting is needed?..r::. -1OLRGC Office of Legislative Research and General Counsel Open and Public Meetings Act Training Source: Section 52-4-104 Utah Code May 2010 r C1U I G VI 141,Y 1-0LRGC Open and Public Meeting Act Purpose 1\i4in flnd5 and declares that... ♦ State agencies and political subdivisions: ► exist to aid in the conduct of the business ► must take their actions openly must conduct their deliberations open Source: Section 52-4-102 Utah Code May 2010 =oLRcc r C1U IJ VI Ia. Key Definitions ♦ "Meeting" = the convening of a public body ► With a quorum present ► To discuss, receive comments, or act on a matter over which it has jurisdiction or advisory power "Convening" = calling of a meeting of a public body, by an authorized person, to discuss a subject over which it has jurisdiction or advisory power "Public body" = any administrative, advisory, executive or legislative body that: ► Is created by Utah Constitution, statute, rule, ordinance, or resolution; • t Consists of two or more persons;..};. ► Expends, disburses, or is supported in whole or in part by tax �'..'r revenue; and Is vested with the authority to make decisions regarding the public's business -.> Source: Section 52-4-103 Utah Code May 2010 =oLRcc Key Definitions - Continued ♦ "Meeting" ► A chance meeting ► A social meeting; or ► A convening solely for discussion or implementation of administrative or operational matters if: • no formal action is taken or • the matters would not come before the body for discussion or action "Public body" Political party, political group o political caucus or Conference committee, rules committee, or sifting committee of the Legislature Source: Section 52-4-103 Utah Code May 2010 =oLRcc Meetings are Open A meeting is open to the public unless closed in accordance with the act ♦ Open meetings include: ► Regular meetings Special meetings ► Workshops ► Executive sessions ► Site visits Source: Section 52-4-103, 52-4-201 Utah Code May 2010 1-0LRGC of the open meeting Only certain matters may be discussed ini'Y4Ad meeting 4 Certain meetings to review child welfare re orts g p on the death of a child are required to be closed 2 ' Source: Section 52-4-204 and 52-4-205 Utah Code May 2010 =oLRcc Closed Meeting - Permitted Purposes A closed meeting may only be held for: ♦ Discussion of the character, competence or health of an individual ♦ Strategy sessions for: ► Collective bargaining ► Pending or imminent litigation ► Purchase, exchange, or lease of real property including water rights and shares ► Sale of real property including water rights or shares ♦ Discussion of security „: ♦ Investigations regarding allegations of criminal coi ♦ Certain Legislative ethics complaint matters ♦ Discussion by a county legislative body of certain commercial taxpayer information Source. Section 52-4-205 Utah Code May 2010 IOLRGC Closed Meetings - Vote Exceptions 2/3 vote to close a meeting exceptions: No vote is required to close a meeting for the Independent Legislative Ethics Commission to review an ethics complaint A majority vote is required to close a meeting for an ethics committee of the Legislature to obtain legal advice on legal, evidentiary, or procedural matters or for conducting,_}{;.:-r deliberations on a complaint A majority vote is required to close a meeting tha required to be closed which includes certain review, child welfare reports on the death of a child under Sect 62A-16-301 Source: Section 52-4-204 Utah Code May 2010 =oLRcc Public Notice "A public body shall give not less than 24 hours public notice of each meeting" ♦ The public notice must include: ► the agenda (providing reasonable specificity to notify the public as to the topics to be considered - listed as agenda items) the date, time, and place ♦ The public notice must be: ► posted at the principal office of the public body, or if none exists, at the building where the meeting is to be held posted on the Utah Public Notice Website (see www.utah.gov/pmn) exceptions for certain small entities) =x' provided to:: at least one newspaper of general circulation within the jurisdiction; or a local media correspondent ♦ Public notice of an annual meeting schedule must be provided if the public body holds regular meetings Source. Section 52-4-202, 63F-1-701 Utah Code May 2010 OLRGC r C1U LV VI Ia. Topics Not Listed on the Agenda A topic raised by the public may be discussed during an open meeting, but the public body may not take final action on the topic at the meetin unless it is an emergency meetir Source: Section 52-4-202 Utah Code May 2010 IOLRGC Minutes and Recordings Open meetings: ► written minutes and a recording shall be kept of all open meetings, except a recording is not required to be kept of: a site visit if no action is taken; and a meeting of a small local districts ($50,000 budget or less) ♦ Closed meetings: ► a recording must be made of the closed meeting, unless: • the closed meeting is exclusively for: iL� discussion of the character, competence or health of an individu_ - discussion of security; and • the person presiding signs a sworn statement that the closE meetingwas sole) for the purposes outlined above`# Y p p .k_ Source: Section 52-4-203, 52-4-206 Utah Code May 2010 1-0LRGC Minutes and Recordings - continued ♦ For open meetings, the written minutes are the official record of action taken and must include: ► the date, time, place, and the names of all members present and absent ► the substance of all matters discussed which may include a summary of comments made by the members a record of each vote of each member the name of each person who, after being recognized, provided comments and the substance in brief of each person's comments other information that is a record of the proceedings that a member requests to be entered in the minutes r ♦ A recording shall be complete and unedited from start to finish of the meeting open or closed and be properly labeled ,r . For closed meetings the recording and any minutes must.��} include. ► The date, time, and place and names of all members present and ab 6nt The names of all other present except where the disclosure would infringe on necessary confidentiality to fulfill the purpose of the closed meeting Source: Section 52-4-203, 52-4-206 Utah Code May 2010 r C1U LJ VI Ia. Minutes and Recordings - continued ♦ Written minutes and recordings of open meetings are public records under GRAMA A public body must establish procedures for approval of written minutes ♦ Written minutes prepared in a form awaiting only formal approval are a public record ♦ Written minutes shall be available with a reasonable time after the meeting -! � s-07i i 1'h! t1 �t ♦ A recording of an open meeting shall be available public for listening within three business days after t meeting ♦ Closed meetings minutes and recordings are protectedhor private records under GRAMA Source: Section 52-4-203, 52-4-206 Utah Code May 2010 IOLRGC Emergency Meetings ♦ An emergency meeting may not be held unless: ► an attempt has been made to notify all members of the public body; and ► a majority of the members vote to approve the meeting ♦ The 24 hour public notice requirements may be disregarded if: ► unforeseen circumstance cause a need to hold an emergency meeting to consider emergency or urge matters; and .w " Kf" ► the best notice practicable is given of the time, place'; topics to be considered Source: Section 52-4-202 Utah Code May 2010 OLRGC Electronic Meetings A public body may not hold an electronic meeting unless it has adopted procedures for conducting it (the Utah Legislature has not adopted procedures) ♦ "Electronic meeting means a public meeting convened or conducted by means of a conference using electronic communications" Adopted procedures may include considerate budget, logistics, presence of a quorum at anchor location vote to establish an electrorii } '•zr':;�'{•%-mil meeting notice requirements etc. Source: Section 52-4-103, 52-4-207 Utah Code May 2010 1-0LRGC Penalties The attorney general and the county attorneys shall enforce this chapter ♦ Any final action taken in violation of the act is voidable by a court A suit to void a final action must be commenced within 90 days after the action (30 days for bonding instruments) ♦ A closed meeting violation is a class B misdemeanor ♦ If closed meeting is challenged, a court shall revie recording or minutes (in private) and determine whe violation occurred ► If the judge determines a violation occurred, the judge shall publicly disclose all information about the portion of the meeting that was illegally closed Source: Section 52-4-302, 52-4-303, 52-4-304, 52-4-305 Utah Code May 2010 =oLRcc r Q1J.G L/ VI Ia. MOAB CITY COUNCIL REGULAR MEETING August 27, 2013 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 Work Session to order at 6:00 PM to discuss Draft Vendor Ordinance #2013-17. In attendance were Councilmembers Jeffrey Davis, Kirstin Peterson, Kyle Bailey, Doug McElhaney and Gregg Stucki; Planning Director Jeff Reinhart, Police Chief Mike Navarre, City Treasurer Jennie Ross, Public Works Director Jeff Foster, Community Development Director David Olsen, City Engineer Rebecca Andrus, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Eight (8) members of the audience and media were present. Councilmember Bailey moved to approve the Meeting Minutes of June 25, July 9, July 23, August 13 and August 19, 2013 as corrected. 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 he was working on bids for a sport court at Rotary Park as well as a tree inventory. Community Development Director Olsen stated that the new Prospector Trail was now open. Under Engineering Department Update, City Engineer Andrus gave an update on the Utah Department of Transportation (UDOT) project. A Planning Department Update was not given. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster distributed photos of projects and stated that Questar Gas was finishing up their service line relocation project for this year. Public Works Director Foster stated that staff had been cleaning up some minor flood areas along the creek. Councilmember Peterson moved to Approve Special Use of City Parks (Suncourt) by Aubrey Davis d.b.a. Moab Music Festival to Conduct a Display of Artwork on August 30, 2013. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Approve a Special Event License for the Moab Area Chamber of Commerce to Conduct the Winter Light Parade and Tree Lighting Celebration on December 8 and 9, 2013. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to Approve a Waiver of Special Event Fees for the Moab Area Chamber of Commerce for the Winter Light REGULAR MEETING & ATTENDANCE REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE SPECIAL USE OF CITY PARKS FOR MOAB MUSIC FESTIVAL, APPROVED Agenda SPECIAL EVENT LICENSE FOR MOAB AREA CHAMBER OF COMMERCE, APPROVED WAIVER FOR CHAMBER OF COMMERCE FEE, APPROVED August 27, 2013 Page 1 of 3 Page 28 of 133 1-1 Parade and Tree Lighting Celebration in the Amount of $80.00. Councilmember Peterson seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Stucki moved to Approve a Special Business Event License for Moab Productions to Conduct the Zombi 5k Race on October 26, 2013 with the conditions listed in the staff memo. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to Approve Special Use of City Parks (Swanny) by Mathew Nissen to Conduct a Zombi 5k Race on October 26, 2013 with the conditions listed in the staff memo. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Approve a Special Business Event License for the Moab Area Chamber of Commerce to Conduct a Fourth of July Celebration at Swanny City Park. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved Approval of Special Use of City Parks (Swanny) by the Moab Area Chamber of Commerce on July 4, 2014. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to Approve a Waiver of Special Event and Park Use Fees by the Moab Area Chamber of Commerce for the Fourth of July Celebration in the Amount of $180.00. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call - vote. Mayor Sakrison opened a public hearing on a Special Rate Review for the Solid Waste Collection Franchise at 7:15 PM. No public comment was given. Councilmember Stucki moved to Approve a Special Business Event License for Young Life Moab to Conduct the Colorado Grand Car Lunch at Rotary Park, the Locust Lane LDS Church and the Red Rock Elementary School Property on September 18, 2013. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Approve Special Use of City Parks (Rotary) by Susie Johnston to Conduct a Lunch on September 18, 2013. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Approve a Refund of Special Business Event and Park Use Fees by Young Life Moab for the Colorado Grand Car Lunch in the Amount of $235.00. Councilmember Stucki seconded the motion. The motion failed 1-4 nay with Councilmember Bailey voting aye. Councilmember Davis moved to Approve Proposed Ordinance #2013-11 — An Ordinance to Amend Title 17.65.080 of the Moab Municipal Code Section by Amending a Portion of the Master Planned Development (MPD) Review Procedures and Clarifying the Public Hearing Requirement. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. SPECIAL BUSINESS EVENT FOR ZOMBI 5K RACE, APPROVED SPECIAL USE OF SWANNY PARK FOR ZOMBI 5K RACE, APPROVED SPECIAL BUSINESS EVENT FOR MOAB AREA CHAMBER OF COMMERCE, APPROVED SPECIAL USE OF SWANNY CITY PARK FOR CHAMBER OF COMMERCE, APPROVED WAIVER OF SPECIAL EVENT FEE FOR CHAMBER OF COMMERCE, APPROVED PUBLIC HEARING OPENED APPROVAL OF SPECIAL BUSINESS EVENT LICENSE FOR COLORADO GRAND CAR LUNCH, APPROVED SPECIAL USE OF ROTARY PARK FOR SUSIE JOHNSTON, APPROVED REFUND OF SPECIAL BUSINESS EVENT FEE AND PARK USE FEES FOR YOUNG LIFE M Agenda DENIED PROPOSED ORDINANCE #2013- 11, APPROVED August 27, 2013 Page 2 of 3 Page 29 of 133 1-1 Councilmember Peterson moved to Approve Proposed Ordinance #2013- 12 — An Ordinance Amending the City of Moab Municipal Code, Chapter 16.08.010, Preliminary Procedure, Amending the Time Frame for Submitting Plat Applications to the City and Recording the Final Plats with the Country Recorder. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to Approve Proposed Resolution #14-2013 — A Resolution Approving the Municipal Wastewater Planning Program Annual Self -Assessment Report for 2012. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to Approve Proposed Ordinance #2013-13 — An Ordinance Amending Title 12--Streets, Sidewalks, and Public Places- - Specifically Chapter 12.16.020, Parking of Inoperable and Commercial Vehicles on Streets to Provide a New Time Limit for Parking Inoperable and Commercial Vehicles on Public Streets. Councilmember Stucki seconded the motion. Councilmember McElhaney made a motion to table the proposed ordinance. Councilmember Bailey seconded the motion to table. The motion failed 2-3 nay with Councilmembers McElhaney and Bailey voting aye. The motion for approval carried 4-1 aye with Councilmember McElhaney voting nay. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that the Public Defender Contract and Proposed Vendor Ordinance should both be ready for the next agenda. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that the first Tesla Car Charging Station in the state of Utah would be installed at the Canyonlands Best Western Inn. Councilmember Peterson stated that at the last Health Care Special Service District meeting some debts were paid to the Hospital with a pledge to stay current. Councilmember Davis stated that the Council had met with the Lieutenant Governor the previous Monday regarding economic development. Councilmember Davis moved to approve the bills against the City of Moab in the amount of $170,403.28. Councilmember Peterson seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:50 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder PROPOSED ORDINANCE #2013- 12, APPROVED PROPOSED RESOLUTION #14- 2013, APPROVED PROPOSED ORDINANCE #2013- 13, APPROVED MOTION TO TABLE ORDINANCE 2013-13, FAILED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILL ADJOURNMENT Agenda August 27, 2013 Page 3 of 3 Page 30 of 133 1-1 MOAB PRIDE City of Moab 217 East Center St. Moab UT 84532 AGENDA ITEM REQUEST FOR SEPTEMBER 10 2013 CITY COUNCIL MEETING: Mutual Commitment Registry in time for Moab Pride 9/22-29/13 August 17, 2013 The County has the authority to create a Mutual Commitment Registry under the general welfare clause, which grants Salt Lake County the power to "preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the city and its inhabitants." Utah Code Ann. § 10-8-84(1). The ordinance does not implicate or conflict with either Article 1, Section 29 of the Utah Constitution, commonly known as "Amendment 3," or Utah's "Marriage Recognition Policy," the state statute defining marriage. As you know Moab Pride has had a theme/slogan every year. The first, "Where Acceptance Begins", & last year, "Let Love Flow". This year's theme, "Naturally Engaged" expresses multiple meanings. Moab Pride desires to bestow accolades upon the Moab community, their service to the community & the creativity that abounds through the organizations and people dedicated to making the world a better place, here in our rural S.E Utah town. And with the recent Supreme Court rulings on DOMA & Prop 8, we are celebrating marriage equality & engagement in our determination for social justice & equality for all in life, liberty & the pursuit of happiness. Having this mutual commitment registry granted by the city would be a huge success & fitting with the theme(s) & our supportive community, as well as, the current national & state by state climate regarding marriage equality. Please consider. I will be unavailable 8/23-9/1 for questions but, Brandie Balken brandie@equalityutah.org, Executive Director of Equality Utah http://www.egualiWutah.ors/ is available. Her number is 801.355.3479. My hope is to pursue this with the County as well, and because the City was the leader with the Ant -discrimination laws to protect GLBTQ people in housing & workplace, I felt compelled to present to you first. Thank you very much for your consideration. Moab Pride looks forward to furthering, strengthening & partnering with the City of Moab. In solidarity, Tenn Oestreich Vice -President 602-373-1971 moabpride.org gayadventureweek.com facebook.com/Moabpridefestival &moabgayadventureweek r-i twitter & instagram @moabpride obn Flickr- Moab Pride as a PO Box 1291 • Moab, Utah 84532 • moabpride.org Ah!a;r of tiie Utah Pitt tenter 4-1 Page 31 of 123 c4 C d a1 a MOAB PRIDE http://www.slcgov.com/recorder/mutual-commitment-registry http://www.sltrib.com/sltrib/politics/56345413-90/bradshaw-commitment-council-countv.html.csp http://www.deseretnews.com/article/695264629/Salt-La ke-Citv-cha nges-na me -of -registry. html?pg=a I I http://www.eaualitvutah.org/news-and-events/latest-news/salt-lake-cou ntv-creates-mutual-commitment-registry Equality Utah endorsed Councilmen Arlyn Bradshaw and Randy Horiuchi proposed and successfully passed a county wide mutual commitment registry ordinance for Salt Lake County. The registry, which passed with an 8-1 vote on Tuesday, May 21, 2013 will create a registry for "adult relationships of financial dependence or interdependence." The registry would allow for committed couples who are not legally married to receive documentation from the county attesting to their relationship status. This makes it easier for interdependent couples to secure benefits from the county or partner benefits if offered by their current place of employment, as well as accessing hospital visitation. This mutual commitment registry only applies within Salt Lake County, and would not require employers to provide partner benefits, but instead would allow businesses to more easily determine eligibility for benefits (if already offered). A similar registry was created in 2008 in Salt Lake City and this new county wide ordinance will allow simplified access for the 1+ million residents of Salt Lake County. Kudos to Salt Lake County for "recognizing that there are different types of relationships and people dependent on each other outside of the state's definition of marriage." What are the benefits of offering a mutual commitment registry? • This registry is for adult residents of the County who share a primary residence and rely on one another as dependents. The measure would help many of our elderly residents, people with adult dependent children, as well as same -sex couples. • It is a tool for employers to use, voluntarily, to determine eligibility for benefits from their company. • It will allow Salt Lake County residents who register health care visitation rights to Salt Lake County health care facilities. • It allows registered individuals access all facilities owned and operated by the County, such as recreational facilities, in the same manner as that of a spouse or children. How would the registry work? The County will create and maintain the registry and provide certificates to registrants. The mutual commitment registry will be administered by the County's Recorder's Office. How does this help employers in Salt Lake County? N • • Mutual Commitment benefits are offered by over half of the Fortune 500 companies in the United States and as numerous employers throughout Salt Lake County to their employees. a. PO Box 1291 • Moab, Utah 84532 • moabpride.org Afnliau• of the Utah Piidc Center 4-1 Page 32 of 123 C d a1 a " T h e r e g i s t r y h e l p s t h o s e l o c a l b u s i n e s s e s t h a t c h o o s e t o o f f e r b e n e f i t s t o i n d i v i d u a l s t o s a v e t i m e a n d m o n e y i n t h e p r o c e s s o f d e t e r m i n i n g s t a t u s o f t h e i r e m p l o y e e s f o r a v a r i e t y o f p u r p o s e s . " S i m i l a r r e g i s t r i e s a r e i n p l a c e i n c i t i e s f r o m B a l t i m o r e t o P h o e n i x t o E u g e n e a n d t h r o u g h o u t C a l i f o r n i a . W h a t w i l l r e s i d e n t s h a v e t o d o t o p r o v e t h e i r m u t u a l c o m m i t m e n t s t a t u s ? B e f o r e b e i n g c o n s i d e r e d f o r m u t u a l c o m m i t m e n t s t a t u s , t h e r e a r e a n u m b e r o f r e q u i r e m e n t s t h a t m u s t b e m e t . T h e r e q u i r e m e n t s i n c l u d e a s t a t e m e n t t h a t t h e i n d i v i d u a l s a r e i n a r e l a t i o n s h i p o f m u t u a l c o m m i t m e n t s u p p o r t , a n d c a r i n g , a n d a r e r e s p o n s i b l e f o r e a c h o t h e r ' s w e l f a r e . R e g i s t r a n t s m u s t b e e a c h o t h e r ' s s o l e p a r t n e r ; b e o v e r 1 8 y e a r s o l d ; b e c o m p e t e n t t o c o n t r a c t ; a n d s h a r e a p r i m a r y r e s i d e n c e i n S a l t L a k e C o u n t y . " A p p l i c a n t s w i l l b e r e q u i r e d t o p r o v i d e a n y t h r e e o f t h e f o l l o w i n g f i v e d o c u m e n t s : 1 . A j o i n t l o a n o b l i g a t i o n , m o r t g a g e , l e a s e , o r j o i n t o w n e r s h i p o f a v e h i c l e 2 . A l i f e i n s u r a n c e p o l i c y , r e t i r e m e n t b e n e f i t s a c c o u n t , o r w i l l d e s i g n a t i n g o n e d e c l a r a n t a s t h e o t h e r ' s b e n e f i c i a r y t h e r e t o , o r w i l l o f o n e d e c l a r a n t w h i c h d e s i g n a t e s t h e o t h e r a s e x e c u t o r 3 . A m u t u a l l y g r a n t e d p o w e r o f a t t o r n e y f o r p u r p o s e s o f h e a l t h c a r e o r f i n a n c i a l m a n a g e m e n t 4 . P r o o f s h o w i n g t h a t t h e d e c l a r a n t i s a u t h o r i z e d t o s i g n f o r p u r p o s e s o f t h e o t h e r ' s b a n k o r c r e d i t a c c o u n t 5 . P r o o f o f a j o i n t b a n k o r c r e d i t a c c o u n t W h a t w i l l t h e r e g i s t r y c o s t t a x p a y e r s ? N o t h i n g . T h e c o s t o f a d m i n i s t e r i n g t h e p r o g r a m w o u l d b e c o v e r e d b y a $ 2 5 r e g i s t r a t i o n f e e . M u t u a l C o m m i t m e n t R e g i s t r y v s M a r r i a g e ? T h e C o u n t y h a s t h e a u t h o r i t y t o c r e a t e a M u t u a l C o m m i t m e n t R e g i s t r y u n d e r t h e g e n e r a l w e l f a r e c l a u s e , w h i c h g r a n t s S a l t L a k e C o u n t y t h e p o w e r t o " p r e s e r v e t h e h e a l t h , a n d p r o m o t e t h e p r o s p e r i t y , i m p r o v e t h e m o r a l s , p e a c e a n d g o o d o r d e r , c o m f o r t , a n d c o n v e n i e n c e o f t h e c i t y a n d i t s i n h a b i t a n t s . " U t a h C o d e A n n . � 1 0 - 8 - 8 4 ( 1 ) . T h e o r d i n a n c e d o e s n o t i m p l i c a t e o r c o n f l i c t w i t h e i t h e r A r t i c l e 1 , S e c t i o n 2 9 o f t h e U t a h C o n s t i t u t i o n , c o m m o n l y k n o w n a s " A m e n d m e n t 3 , " o r U t a h ' s " M a r r i a g e R e c o g n i t i o n P o l i c y , " t h e s t a t e s t a t u t e d e f i n i n g m a r r i a g e . D o e s t h i s o r d i n a n c e r e q u i r e S a l t L a k e C o u n t y b u s i n e s s e s t o o f f e r m u t u a l c o m m i t m e n t b e n e f i t s t o t h e i r e m p l o y e e s ? A b s o l u t e l y n o t . P O B o x 1 2 9 1 M o a b , U t a h 8 4 5 3 2 " m o a b p r i d e . o r g A f f i l i a : c " o f M c U t a h P 1 i d e C e n t e r 4 - 1 P a g e 3 3 o f 1 8 3 C d a 1 a e/TY Of MOAB, l/TAlf • MOAB PRIDE FIESTIV DA0. 3EorEMafa 27, 28 & 20, 2013 WHEREAS, the Annual Moab Pride Festival is an opportunity for all of our citizens to celebrate and recognize the diversity o our community and to promote and advocate the message of tolerance, civility, equality, dignity and respect for dikcitizens; an WHEREAS, the Moab community is a diverse community that includes people of all races, colors, religious beliefs, nation origins, ages, and genders, and WHEREAS, our community strives for inclusiveness and acceptance of all citizens; and \Iwo WHEREAS, we embrace and celebrate our individual identities and our commonalities, I would encourage the Moab community to unite in solidarity and common purpose to celebrate the diversity, shared humanity and civil rights of all people. NOW THEREFORE, I, David L. Sakrrison, Mayor of the City of Moab, do hereby proclaim September 27, 28 & 29, 2013 ass MOAB PRIDE FESTIVAL DAYS Mayor David L, Sakrisoa Septem Rachel F 8tenta, Ciiy Recordep Septe Page 34 of 133 4-2 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING September so, 2o13 Agenda Item #: 5-1 / Title: Approval of Resolution 1#16-2013 Fiscal Impact: This action will increase revenues related to most business license fees about ten percent. Since several new business license categories are also created by this resolution revenue increases for those changes are not yet known. Department: Administration Applicant: NA Summary: The approved 2013-2014 Fiscal Year Budget included a io% increase in business license fees, across the board. Resolution #16-2o13 reflects this approved increase. You may recall that business license fees must be related to the cost of providing services for general classes of businesses. The cost of police services is the primary cost associated with the fee structure, along with administrative costs. These costs have increased at least 6o-7o% since the fee structure was first adopted in 2001. The City had not increased business license fees since the current fee structure was adopted in 2001. Note that the Special Business Event License and Solicitor License, show increases of more than 1o%, due to greater than average increases in the cost of providing services to these types of businesses. The Special Event Business License shows an increase from $go.00 to $200.00, while the Solicitor License shows a similar increase. These increases do not fully cover the increases in costs for providing services to these businesses, but they are fair and reasonable compared to the fees charged and services provided for other businesses. In addition, the Resolution shows several new fees. Most of these fees are related to the new Vendor ordinance. We have discussed these fees previously. Note also that there is an additional special event fee shown in the fee structure. This fee is for traffic control services provided to special events. Given the number of special events we have that require law enforcement traffic control, the City can no longer absorb the overtime costs associated with providing traffic control free -of -charge. The new fee allows the City to charge on a per-officer/per-hour basis for these services at our average overtime rate. In cases in which overtime hours are not needed to provide the traffic control, the fee would not need to be charged. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of Resolution #16-2o13 Recommended Motion: "I move to approve Resolution #16-2013." Attachment(s): Resolution #16-2o13 5-1 Page 35 of 123 Agenda Resolution # 15-2013 A RESOLUTION ESTABLISHING RATES FOR SOLID WASTE COLLECTION The City of Moab hereby enacts the following customer rates for solid waste collection. All persons required to receive solid waste collection services pursuant to Chapter 8.04 of the Moab Municipal Code shall pay for services pursuant to the following rates. Terms in this resolution shall be defined as provided in Chapter 8.04 of the Municipal Code. Residential Rate $17.00 per residence per month (single approved container, 95 gallons) $ 6.00 per month for each additional 95 gallon container Residential Rate, Centralized Collection $15.95 per residence per month (regardless of container type or number) Commercial Rate Two Cubic Yard Automated Bin (rates are per bin) Pick-up frequency: rate per month: 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 $51.00 $91.00 $130.00 $166.00 $199.00 $214.00 $237.00 City Facilities Ball Park $128.00 Rotary Park $183.00 Swanny Park $319.00 Rec./Aquatic Center $ 51.00 City Center $130.00 City Public Works Yard $130.00 Wastewater Treatment Plant $ 51.00 Arts and Recreation Center $ 91.00 Animal Shelter $ 17.00 Moab Street Cans $688.00 Old City Park $183.00 Resolution #15-2013 Page 1 of 2 5-1 Page 48 of 133 Agenda PASSED AND APPROVED in open Council by a m ajority vote of the Gove rning Body of Moab City Council this loth day of September. This Resolution shall take effect on October 1, 2013. SIGNED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Resolution #15-2013 Page 2 of 2 5-1 Page 40 of 133 Agenda Bob's Sanitation Inc. 287 S. 2nd Eat Moab, Utah 84532 Phone: 435-259-6314 July 10, 2013 City of Moab 217 E. Center St. Moab, Utah 84532 Reference: Review For Rate Increase I am contacting you today to ask the City of Moab for a rate increase. I have served the City of Moab for over forty-three years now. I feel that our level of customer satisfaction is high with both residential and commercial customers. We also have gone approximately seven years without asking for a rate increase. Due to many price increases for fuel, tires, insurance, taxes, steel, utilities, and the cost of manpower, have all effected my operating cost. 1 do feel that this request is fair and reasonable. This rate increase will cost our residential customers $12.00 dollars a year more. This comes out to an approximate percentage increase of 6.25 percent. We did round off to simplify the billing process. If the council members agree to my proposed increase I would like the increase to take effect as soon as possible. I am willing to discuss this matter with any of the council mernbers, if they have any questions. I can be reached anytime at 260-1099 or 259-6314. Bob's Sanitation will continue to provide the best possible service to our city customers. I am grateful for the opportunity to work for the city and I enjoy doing so. I will wait to hear from you. Sincerely, Robert E. Hawks President 5-1 Page 38 of 133 Agenda AGENDA SUMMARY MOAB CITY COUNCIL September so, 201q PL-I3-120 Agenda Item #:5-2 Title: Approval of Ordinance #2013-17 Repealing and Replacing MMC, Chapter 5.64, Moved- on Commercial Structures and Amending the Types of Vendors and Establishing General and Specific Operating Standards for Vendors Fiscal Impact: n/a Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Not Applicable Background/Summary: The attached draft Ordinance #2013-17 is a complete redraft of Code Chapter 5.64. The document has had a few minor changes to it since City Council last reviewed it but in essence the text changes remain the same. The amendment: 1 ➢ Redefines existing types of vendors and defines new vending activities; ➢ Creates general operating standards for all vendors that include provisions for restrooms, recycling/refuse, parking and noise restrictions; ➢ Creates specific operating standards for each vendor type and includes lengths of terms for different licenses; ➢ Allows vendors to set up seating areas within a limited space adjacent to their display; ➢ Creates new types of vendors for sidewalk and street sales; ➢ Distinguishes between Street Vendors, Sidewalk Vendors, Private Property Vendors, and Food Vendors; ➢ Exempts local businesses who wish to set up temporary outdoor sales apparatus up to 200 square feet and provides other exemptions for schools and non -profits; ➢ Provides size restrictions on trucks and trailers that are used for displays and sales; ➢ Protects required parking for established businesses; ➢ Provides specific information for applications, denials, and revocations; ➢ Describes prohibited practices. Options: Council can: 1. Approve Ordinance #2013-17 as written; 2. Approve the Ordinance #2013-17 with amendments; 3. Vote to not approve Ordinance #2013-17 and state their reasons; 4. Table the ordinance until a later date and request additional information; 5. Establish a time and date for a public hearing to be held. 5-2 Page 99 of 133 Agenda Page 2 of 2 Staff Recommendation: Staff recommends that the ordinance be approved. The text changes will provide more options for vendors to conduct business in the city, and allows existing local businesses to have outdoor displays if they want to. Recommended Motion: "I move to approve Ordinance #2013-17 as written." Attachment(s): Draft Ordinance #2013-17 p:\planning department\2013\correspondence \p1-13-120 cc vendor final.docx 5-2 Page 53 of 133 Agenda ORDINANCE #2013-17 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, REPEALING AND REPLACING CHAPTER 5.64, MOVED -ON TEMPORARY COMMERCIAL STRUCTURES WHE REAS, the Moab City Council ("City Council") adopted the Moab Municipal Code ("Code") in an effort to encourage and facilitate orderly growth and business development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHE REAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and/or provide for a use that was not anticipated at the time of adoption; and WHE REAS, the City has found that there have been issues in the management of temporary Vendors who do not have permanent business locations in the city and who occupy portions of private commercial properties or use public streets and sidewalks for specified periods of time; and WHE REAS, the City has determined that new regulations regarding the size and operation of vending apparatus and are necessary to promote the peace, health, and general welfare of the residents of the city; and WHE REAS, the City Council in a duly advertised regular public meeting held on September 10, 2013, met to review and discuss the suggested amendments to the Code; and N OW, THEREFORE, the City Council hereby ordains that Ordinance #2013-17 is hereby adopted to repeal Municipal Code Chapter 5.64 in its entirety, and is replaced with a new chapter 5.64, Vendor Business Licenses, as follows: Chapter 5.64 VENDOR BUSINESS LICENSES Sections: 5.64.010 Definitions. 5.64.020 Licenses —Required. 5.64.030 Exemptions. 5.64.040 Application Fees. 5.64.050 General Operating Standards. 5.64.060 Specific Operating Standards. 5.64.070 Prohibited Practices. 5.64.080 Application. 5.64.090 Licenses --Issuance. 5.64.100 Modification of License. 5.64.110 Grounds for denial. 5.64.120 Appeal of denial. 5.64.130 License --Display. 5.64.140 License --Fees. 5.64.150 License --Nontransferable. 5.64.160 License--Revocation--Causes. 5.64.170 License--Revocation--Notice, right to cure, procedure. 5.64.180 License --Term, Renewal. Ordinance #2013-17 Page 1 of 12 5-2 Page 53 of 133 Agenda 5.64.010 Definitions. For purposes of this chapter: A. Accoutrements. Additional items added for flavoring such as, but not limited to, seasonings, mustard, ketchup, and mayonnaise. B. Cart. A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. C. Display apparatus. A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. D. Farm produce. Fresh fruit, vegetables, herbs or grains. E. Month. A period of 30 consecutive days regardless of the calendar month. F. Non -motorized Trail System. A paved or unpaved government -constructed trail or path that is intended solely for pedestrian, bicycle or equestrian use. G. School sponsored event. An activity or sale that generates money that is collected or paid to the school district or individual public school. The event must be overseen or sponsored by the school district, an individual public school, or a school group or club. H. Solicitor. Any person who, without a permanent business location in the city, goes from house to house or business to business, or who conducts sales within the city by means of telephone solicitation, direct mail, or internet offers to city residents, for the purpose of selling goods, merchandise, or services for profit. I. Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. J. Vehicle. A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Depai intent of Motor Vehicles. K. Vendor. Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes: a. Street Vendors, b. Sidewalk Vendors, c. Private property Vendors, and d. Food Vendors, but does not include solicitor or soliciting activities as defined in Code Chapter 5.14. L. Vendor, Food. Any street Vendor, sidewalk Vendor, or private property Vendor that sells foodstuffs, edibles, liquids, ice cream, confectionery or other edible products upon any public street, road, alley, curb or sidewalk, or on private property. Ordinance #2013-17 Page 2 of 12 5-2 Page 54 of 133 Agenda M. Vendor, Limited. A Vendor who legally conducts business within the city limits for a specified period of time not to exceed twenty nine (29) days. N. Vendor, Local. Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. O. Vendor, Long-term. A Vendor who legally engages in business within the city limits for a nonrenewable term of up to twelve (12) months. P. Vendor, Private Property. Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. Q. Vendor, Sidewalk. Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. R. Vendor, Street. Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. 5.64.020 Licenses —Required. code. type A. All Vendors, and anyone using vending display apparatus to engage in business within the city, shall first obtain a business license as required by Chapter 5.04 of this B. All defined Vendor licenses require Moab City Council approval. C. The maximum time limit a Vendor display apparatus can be placed at a location is determined by the type of structure and operational restrictions. D. Applicant shall apply to the Moab City Treasurer's office and shall submit all information required by Sections 5.04, 5.64.040, and 5.64.080 of this chapter for the specific of structure. 5.64.030 Exemptions. A. This chapter shall not apply to school and city recreation sponsored sales or events, city contracted sales or events, or to solicitors as defined in code Section 5.14.010 C. 1, and sales described in Code Section 5.09 of the Special Event Permits and Business Licenses. B. Vendors who conduct sales at a special business event as defined by Chapter 5.09 are exempt from the provisions of this chapter, provided the responsible organization lists the Vendor on an approved Vendor list and the organization satisfies all sales tax requirements as specified in Chapter 5.09. Ordinance #2013-17 Page 3 of 12 5-2 Page 59 of 133 Agenda C. Vendors who conduct sales at a convention or meeting where products or services are offered to registered members or guests and where the meeting or venue is not open to the general public, shall be exempt from the provisions of this chapter. D. This chapter shall not apply to sales of farm produce, as defined above, where such sales are conducted by persons who grow such items and sales are conducted on private property. E. Temporary displays by a permanent business, as described in 5.64.060 E, are exempt. F. Any exempted activity shall not reduce the number of parking spaces for the permanent business and shall not obstruct ingress or egress to the business. 5.64.040 Application Fees. A. Fees shall be determined by the Moab City Council and shall be adopted by resolution. 5.64.050 General Operating Standards. A. The following requirements must be met by all Vendors using display apparatus. 1. Codes. Apparatus must meet all applicable building, health and fire codes for the intended use. Permits require Moab City Council approval and locations of such apparatus are limited to commercial zones unless otherwise permitted by Moab City Council. 2. Illegal camping. It is illegal for any Vendor to camp on the site, in accordance with Code Sections 8.20 and 10.04.230. 3. Refuse and Recycling. Vendors are strongly encouraged to recycle. Vendors shall provide their own refuse/recycling containers and in no case shall city street receptacles be used for onsite Vendor refuse and recycling. a. All refuse and recycling containers shall be removed and securely stored at the close of each business day. b. Every container shall have a cover. c. Pickup of refuse/recyclables shall be made through a refuse service provider or through the host property owner. Written permission from the property owner or proof of other arrangements must be submitted with the application. The City, at its discretion, may require applicants to obtain commercial refuse disposal service. d. Food Vendors shall pay, in advance, a food Vendor surcharge. The fee amount shall be reviewed yearly and established by resolution of Moab City Council upon recommendation of staff. e. Food Vendors involved in special events shall utilize the special event refuse plan. f. Food Vendors with seating areas shall have refuse and recycling containers emptied at the close of each business day. Ordinance #2013-17 Page 4 of 12 5-2 Page 55 of 133 Agenda 4. Area Maintenance. All Vendors shall maintain the permitted area, the display apparatus and the immediate area within thirty (30) feet surrounding the permitted area in a neat, clean and hazard -free condition. 5. Signs. All signage shall be painted on or attached to the display apparatus and a drawing to scale of the proposed signage shall be included in the application. Signs on display apparatus shall not appear on devices that extend above the display apparatus except on umbrellas and canvass covers. Umbrella and cover signage shall relate only to the product being sold or the name of the business. Public poles, picnic tables, and trash receptacles shall not be used to display signs. Separate free-standing signs are prohibited. 6. Business Access. Vendor license applicants shall demonstrate that there is sufficient access, parking and maneuvering space available at the site on which the Vendor will operate. Suitable, safe access by pedestrians shall be provided and no structure shall obstruct access to or from parking areas or sidewalks. 7. Hours of operation. The hours of operation shall be limited to 7:00 am to 10:00 pm. 8. Employee restroom facilities. Restroom services for employees shall be provided by a written agreement between the property owner and the Vendor. The written agreement must be submitted with the application to the City Recorder. 10. Noise level. No loud speakers or any unnecessary noise will be allowed on the site. a. Noise is required to be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. b. The average resulting dBA count shall not exceed sixty (60) dBA at any point on or beyond the site. c. The use of internal combustion generators is prohibited. d. Music that is softly played solely for the enjoyment of the Vendor is allowed at a hearing range that does not extend beyond the area of the apparatus. 11. Animals. No live animals shall be attached or "hitched" to any vending vehicle, cart, stand, or display. 12. Number of parking spaces. Parking shall be provided by a written agreement between the property owner and the Vendor. Said written agreement must be submitted with the application to the City Recorder. One (1) parking space per each temporary commercial structure shall be designated on the host property and shall be located so as not to reduce the number of parking spaces required for the permanent business. a. A parking exception may be granted by Moab City Council if the applicant can adequately demonstrate that on -street parking is available, sufficient parking is provided elsewhere or customers largely walk-up or would use short term parking. Ordinance #2013-17 b. In no case shall the vending apparatus occupy parking spaces that reduce the Page 5 of 12 Page 53 of 133 5-2 Agenda amount of required parking for the host business. 13. Tents. The use of fully enclosed tents as apparatus is prohibited. A tent structure may be erected that is open on no less than three sides. 14. Proximity to Special Business Event. Any vending apparatus that sets up within 100 linear feet in a straight line of a special business event shall ask permission from the event and appear on the Special Business Event List of Vendors. 15. Zoning compliance. No license shall be granted for a Vendor unless allowed as a land use in the underlying zoning district(s) in which it operates except for Vendors selling frozen food products. 5.64.060 Specific Operating Standards. A. Food Vendors. With the exception of Vendors selling frozen food in residential areas, all other food Vendors selling ice cream and other food products shall follow the standards listed below: 1. Location. Business shall be conducted in commercial zones. The unit shall not block ingress or egress of any loading, parking or emergency access areas of the property or reduce required parking. 2. Structures. a. Food vending apparatus shall comply with all State of Utah health requirements. b. Food vending apparatus must be constructed of durable materials, and be designed with smooth impervious surfaces for easy cleaning. c. Carts shall be of sufficient lightweight construction that can be moved from place to place by one adult person without any auxiliary power. d. The area occupied by the apparatus or pushcart, together with the operator and any trash receptacle, cooler or chair, shall not exceed thirty-six (36) square feet of space. e. Carts. Sidewalk Vendor carts shall not exceed the dimensions of three feet (3') wide by eight feet (8') long by eight feet (8') high f. Umbrellas or canopies shall be a minimum of seven feet above the sidewalk if they extend beyond the edge of the cart. g. Seating may be provided as approved by City Council to include a table and up to six seats. Seating areas shall be located adjacent to the display and in no case exceed forty (40) square feet in area. B. Street Vendor. Street Vendors using motorized vehicles shall follow the display apparatus standards listed below: 1. Location. A Street Vendor may operate on public or private streets. Street Vendors shall not conduct business on state highways. Ordinance 02013-17 Page 6 of 12 5-2 Page 58 of 133 Agenda a. Street vending vehicles shall not stop to conduct business in intersections or within crosswalks so that vehicular and pedestrian traffic will remain unhindered. b. Street vending vehicles selling frozen products from vehicles may operate in residential areas provided that the vehicle continues to travel through neighborhoods with stops only to conduct sales. The vehicle must generally remain mobile and in no case shall the vehicle be parked in a single location. c. Street food vending apparatus must be designed as a single, self contained unit, able to operate without the use of detached tables and counters, or require additional refrigeration facilities at the place of operation. 2. Size of Structure. Vehicles shall not exceed the dimensions of eight (8) feet wide by twenty-five (25) feet long and ten (10) feet in height. C. Sidewalk Vendors. Sidewalk Vendors using human -propelled carts, packs, baskets, or hand held displays shall follow the display apparatus standards listed below: 1. Location. A Sidewalk Vendor may operate on the sidewalk in the public right-of-way with written permission from the city. a. No permit shall be approved for locations on city non -motorized trail systems. b. Sidewalk vending apparatus shall not locate on corners or at intersections where it may cause line of sight issues for pedestrians or motorists. Carts shall be located so the flow of pedestrians is not impeded and be positioned along the route at the curbside of the sidewalk. c. Sidewalk vending apparatus shall not locate within ten (10) feet of any doorway to an existing business. d. Sidewalk Vendors selling food or frozen product from a pushcart may travel along the streets with stops only to conduct sales of food products. e. A minimum of five (5) feet open sidewalk space for the passage of pedestrians shall be maintained at all times. 2. Carts. Sidewalk Vendor carts shall not exceed the dimensions of three feet (3') wide by eight feet (8') long by eight feet (8') high. The area occupied by the cart, together with the operator and any trash receptacle, ice cooler or chair, shall not exceed thirty-five (35) square feet of adjacent sidewalk space. The structures shall be moved on air -filled rubber tires and be of sufficiently lightweight construction that it can be moved from place to place by one adult person without auxiliary power. The device or cart shall not be motorized so as to move on its own power. Hard casters for wheels are prohibited. D. Private Property Vendors. Display Apparatus. 1. StructuresNehicles. a. Dimensions: No display apparatus shall exceed the dimensions of one -hundred twenty (120) square feet (10'X12'). Ordinance #2013-17 Page 7 of 12 5-2 Page 50 of 133 Agenda zones. b. Construction: All display apparatus shall be constructed in a sturdy manner so that there is no risk to the public of having the display apparatus collapse or break. c. Umbrellas Permitted: An umbrella or awning may be attached to the display apparatus so as to shelter the Vendor. i. Umbrellas or canopies shall provide a minimum of six feet six inches of head room above the sidewalk if they extend beyond the edge of the cart. ii. Umbrellas or canopies shall not exceed one -hundred twenty (120) square feet in area. d. All accoutrements must be contained in a 3 x 5 area adjacent to the display apparatus. e. Display apparatus that cannot be adequately secured during off -business times shall be removed from the property at the end of each working day. 2. Location. All display apparatus shall be located on private property in Commercial E. Temporary Display --Permanent Business. A. A structure or display apparatus shall not exceed twenty percent of the permanent business building's area and is limited to a term not to exceed twelve (12) months commencing at the issuance date of the permit. Apparatus must meet all applicable building, health and fire codes for intended use. Structures are limited to commercial zones and do not require Moab City Council approval if they comply with the following: indoors. 1. Existing businesses that place racks, tables, tents, canopies, awnings, outside displays of lot sales at their place of business, are exempt from the requirement of Moab City Council review and approval if they are less than 200 square feet in size. 2. Where located along public sidewalks, such displays shall be located as close as possible to the main business building. 3. A minimum clear sidewalk width of five (5) feet shall be maintained for pedestrian traffic to pass. 4. All merchandise displays shall be removed at the end of each business day and stored 5. Required parking spaces shall not be used for this activity. 5.64.070 Prohibited Practices. A. It is unlawful for any Vendor to conduct business in such a manner as to impede or inconvenience any public use area, including, but not limited to streets, alleys, sidewalks, and public rights -of -way. B. It is unlawful for any Vendor to: 1. Persist or remain on private property after the owner or occupant has directed the Vendor to leave; Ordinance #2013-17 Page 8 of 12 5-2 Page 56 of 133 Agenda 2. Initiate telephone, mail, or in person contact with a customer or prospective customer after that person has provided notice to the Vendor directing that all such contact shall cease; 3. Engage in business past the hour of ten p.m. or prior to seven a.m.; 4. Engage in a pattern of contacts, whether in person, by telephone, or via mail or computer which, viewed in terms of their frequency, duration, or consent, are likely to be offensive, annoying, or disturbing to the recipient. 5. Yell, sing, or call out to passersby to interest them in the Vendor's merchandise. 6. No Vendor shall operate within ten (10) feet of any fixed base retail establishment or other Vendor offering the same or substantially similar goods or services. 5.64.080 Application. A. Only complete applications will be accepted. In addition to the application information required of all business license applicants generally, as provided in Section 5.04.030, applications shall be submitted on a form provided by the City Treasurer and shall require the applicant to furnish the following items and information: 1. Name, address and telephone number of the Vendor. 2. Name, address and telephone number of the Vendor, if different from owner. 3. Identification of site or sites where the Vendor will operate. 4. Signed agreement with property owner to use adjacent restroom facilities 5. All applicable fees for obtaining a Vendor's License shall be paid in full at the time of application. Permit fees are non-refundable. (Refer to the City's fee schedule for annual license fees.) 6. A certificate of insurance is required for anyone operating on city property or in the rights -of -way. 7. A description of the display apparatus or cart, if applicable, including photographs and scale drawings with construction plans and specifications of any vending apparatus to be used in the business for which the permit application is filed. Include the license plate number of motor vehicles, if any. The description/drawings shall show: a. Dimensions of the structure and all attached signage. b. Site plan to a scale of not less than 1/8" equals one foot and showing: i. The complete perimeter of the property with dimensions ii. All existing structures and dimensions iii. All distances from buildings and property lines iv. Locations of all drives, parking areas, loading areas, and sign locations on the property v. Landscaped areas with dimensions vi. All easements impacting the property vii. All parking for the host property and highlighting the parking for the vendor business. 8. Identification of the location(s) in the city where the applicant proposes to carry on business, and the length of time and/or specific dates, which it is proposed that such business be conducted, together with the proposed hours of operations. Ordinance #2013-17 Page 9 of 12 5-2 Page 69 of 133 Agenda 9. For applicants proposing operation in residential zones, a complete record of the applicant with respect to any disqualifying criminal conviction or a statement by the applicant that no such conviction exists in addition to a comprehensive, criminal background check. 10. Written evidence of compliance from the Zoning Administrator that the use is allowed in the zoning district in which the applicant proposes to operate. 11. Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. 12. Local Vendor applicants must submit a copy of a current city business license or Grand County business license. 13. A description of the type of goods, wares, services or merchandise to be sold or offered for sale. 14. Statement of authorization from the property owner(s) of the location(s) where the applicant intends to conduct business. 15. If applicable, a statement of authorization from the special event sponsor if applicant intends to conduct business on the premises of a special business event, as defined by Chapter 5.09 of this code. 16. Payment of the applicable license application fee. 17. An inspection report from the Southeastern Utah Health District Sanitarian, dated not more than ten days prior to the date of application, if applicant proposes to handle or offer foodstuffs for sale. 18. A refuse and recycling plan explaining how refuse and recycling disposal will be dealt with on site. 19. If the permittee, during any time of operation, wishes to modify the display apparatus in a way that varies from the drawing or photo submitted at the time of application, the permittee must obtain prior approval from the City of Moab. Failure to obtain prior approval for modification of any apparatus, or any failure to provide a complete list of items to be offered for sale is a violation of the permit. B. Applicants for a solicitor's license shall submit the general information specified in Moab Municipal Code Section 5.04.030, or the transient merchant information specified in Section 5.08. 020. C. The applicant must verify that the condition, location, parking requirements and use of the structure or vehicle will comply with all city ordinances and other applicable codes. 5.64.090 Licenses --Issuance. The City Treasurer and City Recorder shall review the application for completeness for licenses under this chapter. A recommendation from City Staff shall accompany the application to the Moab City Council who shall determine if the application is satisfactory. After the Moab City Council's approval, the Ordinance #2013-17 Page 10 of 12 5-2 Page 62 of 133 Agenda City Recorder will issue a local Vendor license or peddler license, showing: 1. The number of the license, 2. The date of issuance, 3. The nature of the business authorized to be carried on, 4. The license fee paid, 5. The location (s) of the business 6. The license term, and 7. The company name(s) of the person(s) authorized to conduct business. 5.64.100 Modification of License. A. If the permittee, during any time of operation, wishes to modify the display apparatus in a way that varies from the drawing or photo submitted at the time of application, the permittee must obtain prior approval from the Moab City Council. Failure to obtain prior approval for modification of any display apparatus, or any failure to provide a complete list of items to be offered for sale is a violation of the permit. 5.64.110 Grounds for denial. A. A Vendor license may be denied by the Moab City Council based upon any of the criteria in Section 5.04.040. In addition, the Moab City Council may base denial, in whole or in part, upon the existence of site -specific impacts of the proposed license which render it incompatible with neighboring uses or a history of past violations or complaints. B. For applicants proposing operation in residential zones, grounds for denial will include findings from a criminal background check that include any of the following: 1. Listing of the person on the Sex Offender Register or is subject to an Extended Supervision Order under the Serious Sex Offender Monitoring Act. 2. Relevant offenses against the Sex Offender Registration Act or the Serious Sex Offender Monitoring Act. 3. Convictions and finding of guilt for serious sexual, serious violence and/or drug offenses. 4. Pending charges for serious sexual, serious violence and/or drug offenses. 5. Sale and delivery of drugs if the conviction was within the past five years. 5.64.120 Appeal of denial. An applicant denied a Vendor license by action of the Moab City Council may appeal that decision to the district court by filing an action within thirty days of denial. Exhaustion of administrative remedies and timely appeal shall be a jurisdictional prerequisite to judicial review. 5.64.130 License --Display. The license issued under this chapter shall be posted conspicuously in the place or places of business named therein. 5.64.140 License --Fees. Vendor license fees shall be established pursuant to the procedures and criteria established in Sections 5.04.020 and 5.64. The license fees imposed by this chapter shall be in addition to any other fees Ordinance #2013-17 Page 11 of 12 5-2 Page 63 of 133 Agenda applicable to the particular business use imposed by the provision of this code. 5.64.150 License --Nontransferable. Any license issued pursuant to this chapter is not transferable by the licensee. 5.64.160 License--Revocation--Causes. Licenses under this chapter may be revoked by the Moab City Council for any of the causes specified in Section 5.04.080, in addition to the following: A. Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise; B. Any violation of the General or Specific Operating Standards; C. Operation of the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. 5.64.170 License--Revocation--Notice, right to cure, procedure. Revocation of a license issued under this chapter shall be pursuant to the procedures and requirements specified in Section 5.04.090. 5.64.180 License --term. All licenses issued under this chapter shall expire one year from the date of issuance, unless a prior date is specified. Licensees wishing to reapply for a new license at the end of the specified term shall submit a renewal application and license fee at least thirty days prior to expiration. All applications shall be reviewed and approved by the Moab City Council, as provided for initial license applications described in 5.64.070. Passed and adopted by action of the Governing Body of the City of Moab in open session this day of , 2013. City of Moab Mayor David L. Sakrison Attest: Rachel Stenta Ordinance #2013-17 Page 12 of 12 j:\agenda\09-10-2013\ordinance 2013-17 vendors2.docx 5-2 Page 64 of 133 Agenda / AGENDA SUMMARY MOAB CITY COUNCIL MEETING September so, 2o13 Agenda Item #: 5-4 / Title: Approval of Resolution #16-2013 Fiscal Impact: This action will increase revenues and expenditures related to the Solid Waste Collection Contract by approximately six percent. It will also raise the amount that the City Pays for solid waste collection services for City facilities by approximately six percent. This increase has been budgeted for. Department: Administration Applicant: Bob's Sanitation Summary: The Solid Waste Collection Franchise provides that the contractor may request a Special Rate Review. The City Council may consider the rate review following a public hearing and the submittal of financial information by the contractor showing that a rate increase is warranted. The City Council has been provided the required financial information from the contractor under a separate confidential cover. This financial information indicates that the contractor's costs have increased by at least six percent since the last rate increase. The City Council held a public hearing at their last regular meeting and received no input from the public at large. The attached resolution reflects the requested increase. The rate increase would go into effect on October 1, in order to provide time to provide customer notification of the increase, and to change the billing system. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of the request for a rate increase, and approval of Resolution #16-2o13. Recommended Motion: "I move to approve Resolution #16-2013." Attachment(s): Request Letter from Bob's Sanitation Financial information included under separate cover due to confidentiality Resolution #16-2o13 5-4 Page 63 of 123 Agenda RESOLUTION #16-2013 A RESOLUTION AMENDING THE CITY OF MOAB BUSINESS LICENSE FEE SCHEDULE WHEREAS, State of Utah regulations require cities to establish their business license fee schedule based on actual costs incurred for providing selected types of services to the business community; and WHEREAS, in 2001, the City of Moab conducted a cost analysis of services provided to Moab businesses; and WHEREAS, this analysis showed the maximum limit of annual business license fee charges that the City of Moab could impose in 2001 dollars; and WHEREAS, the City of Moab created a business license fee schedule based on the analysis; and WHEREAS, the City of Moab has not adjusted the business license fee schedule to account for cost increases or standard inflationary factors since the fee schedule was originally adopted; and WHEREAS, the City's costs for providing services have increased at least 60% since 2001; and WHEREAS, business license fees should be adjusted to reflect increases in costs; and WHEREAS, an approximate 10% increase in fees across the board is necessary to cover some of the increase in costs of providing services; and WHEREAS, several new business license fee categories have been created to reflect the needs of the community; NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO AMEND THE CITY OF MOAB BUSINESS LICENSE FEE STRUCTURE AS FOLLOWS: City of Moab Business License Fee Structure Business Type City of Moab Business License Fee All businesses not otherwise classified $45 Agriculture, forestry and fishing Veterinarian $90 Landscaping $90 All other businesses in this class $45 Retail eating and drinking places Restaurant/Eating places $90 Resolution #16-2013 Page 1 of 4 5-4 Page 66 of 133 Agenda Beer Class I (calendar year expiration) $90 Beer Class II (calendar year expiration) $90 Private Club $720 Special Event Beer $90 Beer Class III (calendar year expiration) $90 Vending/Gas pumps $630 Manufacturing Winery $45 Printing and publishing $45 All other Manufacturing $45 Travel, transport and utilities Taxis and shuttles $45 Travel and tours $45 Utilities, telephone $90 Franchise $180 Retail sales, general Retail, drug store $200 Retail, vending machine $460 Retail, general (not otherwise classified) $90 Retail, convenience store $380 Wholesale businesses $45 Pawnbroker $460 Services, public accommodations Public Accommodations $45 plus $4.00 per room Bed and Breakfast $135 (includes Home Occupation Fee) Camping facilities $45 plus $3.00 per space Construction services and related activities $45 Services, general Services, entertainment, arcade $45 Resolution #16-2013 Page 2 of 4 5-4 Page 65 of 133 Agenda Car wash $45 Auto, repair & detailing $90 Health care $90 Services, entertainment, movie theater $90 Services, massage $45 Services, storage $90 Locksmith/retail $90 Services, photographic $90 Services, film $90 Services, printing $90 Hair care $90 Rental, cars $90 Laundromat $200 Accounting Services $45 Handyman $90 All other services not otherwise classified $90 Services, professional Services, computer $90 Services, consulting $45 Services, counseling $45 Services, mortuary $200 Child care $90 Realtors and appraisers $45 Banking and other financial services $45 Doctor/dentist office $45 All other professional services $45 Residential accommodations Rental, residential (apartments and trailer courts) $90 Transient Merchant $90 Home Occupation surcharge (one-time fee) $45 Vendors Vendor Administrative Fee (includes Transient Merchant License/Waived for Local Vendors) $600 Limited Term Vendor ( includes Transient Merchant License) $610 Long Term Vendor (includes Transient Merchant License) $600 plus $20 per month Food Vendor Surcharge $10 per month or partial month Resolution #16-2013 Page 3 of 4 5-4 Page 68 of 133 Agenda Special Events Special Event $90 Special Business Event $200 Special Event Traffic Control Surcharge Assessed on a per officer/per hour basis utilizing the current average Police Officer overtime rate Solicitor (includes Transient Merchant License) $300 High Service Usage Business (20 or more Police calls per year) $670 Any business conducting business prior to obtaining the proper licensing shall be assessed 200% of the appropriate licensing fees upon licensing application. Unless otherwise specified, all license fees are cumulative. If more than one business is being conducted at the same location (excluding alcohol licenses), the highest applicable business license fee will be charged. Passed and adopted by action of the Governing Body of the City of Moab, Utah in open session this 10th day of September, 2013. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City of Moab Resolution #1 6-2013 Page 4 of 4 5-4 Page 63 of 133 Agenda / AGENDA SUMMARY MOAB CITY COUNCIL MEETING September so, 2o13 Agenda Item #: 5-5 / Title: Approval of a Vendor License for Steven Lucarelli and Carrie Finn d.b.a. Quesadilla Mobilla Fiscal Impact: This action will have minimal impact on the City's fiscal situation. Department: Administration Applicant: Steven Lucarelli and Carrie Finn Summary: Quesadilla Mobilla is the first applicant for a Long Term Food Vendor License under the Proposed Vendor ordinance. If the ordinance is approved, they would like to be considered under the new regulations. They have applied for a Long Term Food Vendor license with a nine -month term. They are very familiar with the terms and conditions of the proposed ordinance and have met all of the application requirements of the new ordinance. They will be in the same location and with the same site plan and other conditions that the operated under with their previous Moved -on -Structure Permit. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of the Food Vendor License for Quesadilla Mobilla for a term of nine months, according to the site plan and other application materials they have submitted. Recommended Motion: "I move to approve the Food Vendor License for Quesadilla Mobilla." Attachment(s): Application Materials 01 Page 59 of 133 Agenda DATE PAID: VS1/,3 AMOUNT PAID: (Y 7o RECEIPT NO.: ' f 0 y 7 Cl CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL — YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $ Cp 70 all (AS DETERMINED BY RESOLUTION) LICENSE #: ZONE: C3 BUSINESS NAME: Quo sb_111). %4=3 BUSINESS MAILING ADDRESS: 36 y E / 06 3- it 4 CITY: Al o ` e-mail address: vuesoj illo e q,.,a,t 1 may,.•, Location(s) where business will be conducted: ►! Attach agreement of authorization from property owner(s) including employee use of Restroom Facilities 83 S. Atm'A Si-. Length of time and/or specific dates business will be conducted: 5974._ — Ake. 20 13 , /t'[ o,r, .i eP /, ZO ty 4 9 /114?„4,j, r Proposed hours of operation: IIAM f0 qf,,,, Tut 140..I — Sun Asa y Goods, wares, services or merchandise to be sold or offered for sale: (�s�, /u � 4.61,tr 4 jer BUSINESS PHONE: 113S- Z 6Q - Q 2 b g STATE: UT ZIP: 8 9f 3 Z BUSINESS OWNER'S NAME: S'I'C1de. n L UCu.1 e I {' /r ee r/t 4 PHONE: 303- 66 / - / %y 7 OWNER'S ADDRESS: 3{ 9 e 10 S 4 d CrrY: STATE: u T ZIP: By S2 OWNER'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNER'S SOCIAL SECURITY NUMBER: OPERATOR'S NAME OF DIFFERENT FROM OWNER): _ OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: DATE OF BIRTH: PHONE: ZIP: SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FOR TAX ID: La DESCRIPTION OF THE DISPLAY, APPARATUS OR CART (IF APPLICABLE) INCLUDING: U DIMENSIONS OF THE STRUCTURE at SITE PLAN TO A SCALE OF NOT LESS THAN 1/8"EQUALS ONE FOOT SHOWING: THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ALL STRUCTURES AND DIMENSIONS ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY LANDSCAPED AREAS WITH DIMENSIONS ALL EASEMENTS IMPACTING THE PROPERTY LI SIGN PLAN [3-CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) 5-5 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 59 of 133 ca c d a1 a Q' B A C K G R O U N D C H E C K ( I F P R O P O S I N G O P E R A T I O N I N A R E S I D E N T I A L Z O N E ) F I L L O U T A T T A C H E D I N F O R M E D C O N S E N T A N D R E L E A S E O F L I A B I L I T Y F O R M C f H E A L T H I N S P E C T I O N R E P O R T ( I F A P P L I C A B L E ) I F A P P L I C A N T P R O P O S E S T O H A N D L E O R O F F E R F O O D S T U F F S F O R S A L E , A T T A C H A N I N S P E C T I O N R E P O R T F R O M T H E S O U T H E A S T E R N U T A H H E A L T H D I S T R I C T S A N I T A R I A N , D A T E D N O T M O R E T H A N T E N D A Y S P R I O R T O T H E D A T E O F A P P L I C A T I O N . Z O N I N G C O M P L I A N C E E V I D E N C E C O M P L E T E A T T A C H E D C O M P L I A N C E F O R M g R E F U S E / R E C Y C L I N G P L A N ( I F A P P L I C A B L E ) 2 F I R E O R B U I L D I N G I N S P E C T I O N ( I F A P P L I C A B L E ) T Y P E O F I N S P E C T I O N ( S ) R E Q U I R E D : C O M P L E T E A T T A C H E D I N S P E C T I O N S H E E T Q' S P E C I A L E V E N T A U T H O R I Z A T I O N ( I F A P P L I C A B L E ) A T T A C H A S T A T E M E N T O F A U T H O R I Z A T I O N F R O M T H E S P E C I A L E V E N T S P O N S O R I F A P P L I C A N T I N T E N D S T O C O N D U C T B U S I N E S S O N T H E P R E M I S E S O F A S P E C I A L B U S I N E S S E V E N T . A T T A C H A D D I T I O N A L I N F O R M A T I O N I N D I C A T E D B E L O W : T H I S F O R M I S A N A P P L I C A T I O N F O R A B U S I N E S S L I C E N S E . T H E A C T U A L L I C E N S E W I L L B E I S S U E D O N L Y W H E N A L L I N S P E C T I O N S H A V E B E E N A P P R O V E D , A L L F E E S H A V E B E E N P A I D , A L L S U B M I T T A L S H A V E B E E N R E C E I V E D A N D T H E A P P L I C A T I O N H A S B E E N A P P R O V E D B Y T H E M O A B C I T Y C O U N C I L . A L L I N F O R M A T I O N M U S T B E A C C U R A T E L Y C O M P L E T E D O R T H E I S S U A N C E O F A L I C E N S E W I L L B E D E L A Y E D . I T I S A C L A S S ' C ' M I S D E M E A N O R T O O W N O R O P E R A T E A B U S I N E S S I N T H E C I T Y O F M O A B W I T H O U T A C U R R E N T B U S I N E S S L I C E N S E . U W E S t e t 4 a 1 1 s J �� C e g w ^ B U S I N E S S L I C E N S E R E G U L A T I O N S A S S E T F O R T H I N T H E M O A B C I T Y C O D E , O R D I N A N C E S A N D R E S O L U T I O N S , A N D S W E A R U N D E R P E N A L T Y O F L A W T H E I N F O R M A T I O N C O N T A I N E D H E R E I N I S T R U E . U W E U N D E R S T A N D T H I S L I C E N S E I S N O N - T R A N S F E R A B L E A N D V A L I D O N L Y F O R T H E A B O V E M E N T I O N E D L O C A T I O N A N D O W N E R . U W E A G R E E T O F I L E T H E P R O P E R R E P O R T S W I T H T H E S T A T E O F U T A H . S i g n a t u r e o f R p p l l t ` / S t a t e o f U t a h ) � C o u n t y o f G r a n d H E R E B Y A G R E E T O C O N D U C T S A I D B U S I N E S S S T R I C T L Y I N A C C O R D A N C E W I T H T H E M O A B C I T Y 9 - 5 / 3 S U B C R I B E D A N D S W O R N t o b e f o r e m e t h i s . S d a y o f j : - f - , a Q' 1 . 3 ��p O c �� N O T A R Y P U B L I C J E N N I E R O S S I N o t a r y P u b l i c S t a t e o f U t a h C o m m . N o 6 8 1 5 2 1 M y C o m m . E x p i r e s D e c 1 1 , 2 0 1 6 5 - 5 9 / 4 / 2 0 1 3 c : l u s e r s l q u e s a d i l l a m o b i l l a l d e s k t o p i b u s l i c - v e n d o r . d o c x P a g e 6 9 o f 1 3 3 LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY RECORDER ❑ APPROVED O DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER Fee Calculation: Mobile Vendor Fee Structure Administrative Fee* Solid Waste Fee/Food vendors Limited Term (less than 30 days) Long Term (1 month-12 months) $600 $10 $610 $20 one time fee per month or partial month Flat Fee (includes administrative fee) per month (plus admin fee) *Waived for local vendors with permanent business address In Grand County Si $ 7o 1a0 PYMT REC'D CITY OF MOAB SEP 052013 AM rr0 19 ►10'418 5-5 9.'4,2013 c: luserslquesadillamobillaldesktoplbus lic - vendor.docz Page 63 of 133 C d a1 a OTY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: I ✓f AcL MOAB CITY CODE: �• SIGN PERMIT: MOVED -ON NECESSARY: ❑ YES rill No REQUIRES PLANNING COMMISSION APPROVAL ❑ YES REVIEWED BY ZONING ADMINISTRATOR: DATE: r • • 13 NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: 1. 54-Lueo 3.0k-' 100.S. PHONE: 30 3 - ill- l" 1797 STATE: Or ZIP: 8,0 BUSINESS NAME: ad 4W C4-4 / Al All bi gok BUSINESS LOCATION: 83 ‘, M �-} , Maxi { OT g'y13Z ZONE: C12 Albil k ra04) Tr`UCA DETAILED DESCRIPTION OF BUSINESS ACTIVITY: a. Page 82 of 133 061 14 c d a1 a Main St. 132' Lo 100' 4 Vehicle o. Entry/Exit 30' 42' o 0 4 Vehicle Entry/Exit Canyonlands Trading Post \\,---Restroom 25' 1---8' 4 1013------Table Set CA o m '? Q m or o,,, power pole S' From '"`Building Garbage Bin ---El Mc Stiffs Plaza ,,.Power pole epue6d N Page 35 of 133 t... -r..}....,, . 1 ""- 6 S if 71 It Ci f x c-coomm------- ljtpV,V.1:110 • , WC 9 epue6v ig Business Name: Owner's Name: Type of Vendor: Property Owner Vendor Approval [�u s_, �1 �o►�, I/a Business Phone: g35"--260-6469 s+to get Lucre Alo La& Fp41 77•cic Owner's Phone:,30i e11-/7vX Address of Proposed Vendor Location: 8,3 S: Ala■» St. �a�br UT Ssis.rz Vendor Permit Term: Name of Property Owner (Print): From: 9-/O- /3 To: 9- /O - /y . .�. kn berf LJa yC� I (The Property Owner) agree to allow a vendor on my property for Property Owner's Signature: Location of Restroom Facilities: 8 the term of their business permit. Date: 9- S-/3 Mo., A tea_ or sysirz . Signature of Owner Approving use of Restroom Facilities: 5-5 Page OS of 133 d a1 a AC RDA CERTIFICATE OF LIABILITY INSURANCE DATE (MLVDOIYYYY) 08/07/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Central Utah Insurance Agency PO Box 877 170 East 100 South Moab UT 84532— INSURED QUESADILLA MOBILLA PO BOX 613 GRAND MOAB UT 84532- CONTACT NAME: PHONE Nuc. Ne, Eslr (435) 259-5981 &WU. CentralUtah@insuremoab.com ADDRESS. PRODUCER cusroMEa ID rQUESADILLA MOBILLA INSURER(S) AFFORDING COVERAGE INSURER A :Colorado Casualty INSURER B : ' INSURER C INSURER 0 : INSURER E INSURER F : FAX (AIC. No,(435) 259-5457 NAIC 0 COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ADOL SUER POLICY EFF T POLICY EXP INSR VAM POLICY NUMBER (MMfDDIYYYY) 1 0441100IYYYYI UNITS INSW.i LTR TYPE OF aYSURANCE A GENERAL LIABILITY X BM (13) 55064773 03/14/2013 03/14/2014 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY .___ . / / / / DAMAGE TO RENTED !i PREMISES (Ea occurrence)_ $ M CLAIMS -MADE LA) OCCUR / / / / MED EXP (Any one person) $ 15,000 ! ----- / / / / PERSONAL 8 ADV INJURY_ $ 1,000,000 v / / / / GENERAL AGGREGATE S_ _ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER. / / / / PRODUCTS - COMPNOP AGG $ 2,000,000 POLICY JECT LOC / / / / NOWND 3 AUTOMOBILE LIABIUTY / / / / COMBINED SINGLE LIMIT $ ANY AUTO / / / / (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS / / / / BODILY INJURY (Per accident) S SCHEDULED AUTOS / / / / PROPERTY DAMAGE HIRED AUTOS / / / / (Pot accident) S NON -OWNED AUTOS / / / / S / / / / - $ uMBRELIA uAe OCCUR / / / / EACH OCCURRENCE _S EXCESS UAB CLAIMS -MADE / / / / AGGREGATE S DEDUCTIBLE / / / / S RETENTION $ / / / / S WORKERS COMPENSATION / / / / WC STATU• OTH- AND EMPLOYERS motto' YIN TOR _LIMITS ER N / A / / / / / / E L EACH ACCIDENT $ .. _. . AIN PROPRIETOR PARTHER/EXECLmVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) / / 1 E L. DISEASE - EA EMPLOYEE S II yes describe under DESCRIPTION OF OPERATIONS below / / / / E.L. DISEASE • POLICY LIMIT S PROP B)(S (13) 55064773 03/14/2013 03/14/2014 INMRC BKS (13) 55064773 03/14/2013 03/14/2014 DESCRIPTION OF OPERATIONS I LOCATIONS N VEHICLES (Attach ACORD 101. AddlOonal Remarks Schedule, H more spas° Is requev41 Mobil Food Truck CANCELLATION KOTO Radio PO Box 1069 Telluride CO 81435- ACORD 25 (2009/09) INS025 (200909) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 5-5 (0 ©1988-2009 ACORD CORPORATION. All rights rl c ad. The ACORD name and RultPA4feVitered marks of ACORD y a fe(b/U""6 PURPOSE Regular 1 Follow-up 2 Complaint 3 investigation.- 4 Other 5 Southeastern Utah District Health Dept. FOOD SERVICE ESTABLISHMENT INSPECTION REPORT ITEMS MARKED AND ORDERS WRITTEN BELOW MUST BE COMPLIED WITH BY DATE INDICATED. OWNER NAME Cc4,4-v'i& f o-i" f 'S _ h C kcc,i- NAME 6?r f I s ,10.D / 0� YR. MO. DAY SANIT. CODE t3 EST. I.D. S DIST. ) CO. I MUN. 9 EST. NO. ADDRESS ite, q.b Na. DESCRIPTION Ftwat WT. FOOD Ot 1. Sonro0.,--�, 2.0ound.condltfon-oospollage .... & Adulterated.._.:. 5 0Z 1 Original container ____ R. Properly labeled _ 1 FOOD PROTECTION *� Potentiatlyhatardota foods 11. rre arse - 2 3. Dla 101Y- 4. Service__._ B.i7���p�� 5 *04 t FacillUestomal 4 05 1 Thermometers provided __ 2. Conspicuous _ & Accurate _ 4. Properly located _ 1 08 1. Potentially hazardous foods properly thawed _ 2 *07 1.1=l endpotuntiath►-IPZerdeUeteed'aet. 4 ce Food protection during: 1. Storage_ 2. Preparation _ 3. Display _ 4. Service ____ 5. Transportation ..-_ 2 09 1. Handling of food (Ice) minimized _ 2 10 In use: 1. Food _ 2. ice dispensing utensils properly stored _ 1 PERSONNEL *11 1. Personnel tMlth InfeglbntvxaaMcted, 5 * 12 1. a da and arms Wathett a delean 5 - 2. Gept tygletdc, praattoes'-- 13 1 Clean clothes or apron _ 2. Hair restraints 3. Beard neat _ 1 FOOD EQUIPMENT & UTENSILS 14 Food (Ice) contact surfaces: 1. Designed _ 2. Constructed _ 3. Maintained _ 4. Installed _ & Located _ 6. NSF standards _ 2 15 Nonfood contact surfaces: 1. Designed _ 2. Constructed _ 3. Maintained _ 4. Installed _ 5. Located _ 8. NSF standards _ 1 18 Dishwashing facilities: 1. Designed _ 2. Constructed _ 3. Maintained _ !installed _ 5. Located ____ 6. Operated . - 7. NSF standards _ 2 17 1. Accurate thermometers _ 2. Chemical test kits 3.114" IPS gauge cocks _ 4. Final rinse 15-25 psi _ 1 18 Utensils: 1. Pre -flushed_ 2. Scraped _ 3. Soaked _ 1 19 Washwater. 1. Clean _ 2. Proper temperature _ Rinsewater. 3. Clean _.. 4. Proper temperature 2 * 20 nl 1. 4 & Concentration- 4. Ure tbtta 21 Wiping cloths: 1. Clean - 2. Stored _ 3. Use restricted 1 " Food•contact surfaces of equipment and utensils: 1. Clean 2. Free of abrasives _ 3. Detergents _ 2 2 9 i Nonfood contact surfaces of equipment and utensils clean 1 2 4 1 Storage 2 Handling of clean equipment and utensils - 1 zs Single -service articles: 1. Storage _ 2. Dispensing _ 3. Used _-_- 1 28 1. No reuse of single service articles - 2 NOM DESCRIPTION Awn rm.. WATER Water source: 1. Safe _ * 27 2. Hot and cold under pressure _ 5 WASTEWATER *28 t. Sewage and wastewater disposal 4 PLUMBING 29 1. Installed _ 2. Maintained _ 1 * 3D 1. Cross -connection► _ 2. Bade siphonage _ & Backflow _ 5 TOILET & HANDWASHING FACILITIES . * 31 1r 5.. Installed Accessible � 4. Designed for ea1. Number sy cleaningConvenient 4 32 Toilet rooms: 1. Enclosed _ 2. Self -closing doors _ 3. Fixtures good repair _ 4. Clean _ 5. Hand cleanser _ 6. Sanitary towels/tissues/hand drying devices provided 7. Proper waste receps. _ 6. Ventilated _ 9. Floor drain 2 SOLID WASTE DISPOSAL 33 Containers or Receptacles: 1. Covered _ 2. Adequate number _ & Insectlrodent animal proof 4. Frequency _ 5. Clean _ 2 34 Outside storage area, enclosures: 1. Properly constructed 2. Clean _ 3. Approved Incineration _ 1 ECT- RODENT -ANIMAL CONTROL 1. Presence of MseCts 1 rodents "35 2 Outer openings protected 4 Other animals _ & No birds, turtles FLOORS, WALLS & CEILINGS Floors: 1. Constructs _ 2. Drained _ 3. Clean 4. Good repair _ 5. Covering Installation _ 1 6. Coved _ 7. Dustless cleaning methods _ 8. Outside food areas clean, drained _ Walls, ceiling, attached equipment: 37 1. Constructed _ 2. Good repair _ 1 3. Clean Surfaces 4. Dustless cleaning methods _ LIGHTING 1. rovided as required 1 38 _ 2. Fixtures shielded VENTILATION ri-g f 1. Rooms and _ 2. Equipment vented as required _ I DRESSING ROOMS 40 1. Rooms clean _ 2. Lockers provided _ 3. Facilities clean _ 4. Located _ 5. Used._ 1 OTHER OPERATIONS * 41 Toxic items properly: 1. Stored _ 2. labeled _ & Used_ 4. located 5 42 Premises maintained: 1. Free of litter _ 2. Unnecessary articles _ 3. Cleaning, maintenance equipment properly stored 4. Authorized personnel _ 5. Safety _. 1 LIVING QUARTERS- LAUNDRY 43 1. Complete separation from living, sleeping quarters • Solid doors _ 2. Laundry - separate room _ 3. Restricted use _ 1 44 1. Soiled clothes and linens properly stored _ 2. Clean clothes and linens properly stored _ 1 FOLLOW U� RATING SCORE: 00 LESS WEIGHT OF 9 ( MS VIOLATED. r * Critical I1 r ReQulred Immsdleta Uent14A. 5-5 RECEIVED = TITLE 0.':1�11 INSPEC -y� r_ TITLE S1vi, Cs--'\ TEMPERATURES: Hot Water Sanitizing * FOO, '- '' LER PERMIT- _ :actericldal Agent 03 _ Hot Foods Cold Foods * INDOOR CLEAN AIR ACT Concentration 3 ppm NOTE: All new food equipment must meet the applicable standards of the Nally UrsilVlita Foundation. Plans and specifications must be submitted for review a y approval prior to now construction, remodeling or alteration. C0 a Quesadilla Mobilla Refuse/Recycling Plan Refuse: All refuse collected by Quesadilla Mobilla will be disposed of in a waste receptacle provided by the Canyonlands Trading Post as part of the monthly rental agreement. Recycling: Recycling will be collected by the owners of the Quesadilla Mobilla and transported to the Moab Recycling Center as needed. 5-5 Page 88 of 133 c d a) Q CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING MOVED -ON STRUCTURE PERMIT WITH MUTIPLE DATES THAT ARE NOT CONSECUTIVE, EFFECTIVE DATE(8): ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(8). INDICATE SERVICE(S): ❑ OTHER, PLEASE EXPLAIN: BUSINESS NAME: BUSINESS ADDRESS: ,69 F 1 oa s 41- G OWNER'S NAME: Si, aL,e, Ca.fr,:e TYPE OF BUSINESS (EXPLAIN IN DETAIL): Mat de rnpicl, �r L1/41 F,rtn BUSINESS PHONE: #415 - 20 - Q ze, OWNER'S PHONE 303- 4s 6 y - j7417 THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUI ED: O YES MO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED CVDISAPPROVED ❑ REASON: SIGNATURE T FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION [ !:, / APPROVED7i ISAPPROVED O REASON: LL SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD 1 ECT1ON REQUIRED: YES 0 NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION 51r4- S `D (3 APPROVED(DISAPPROVED 0 SON: 5-5 Page 69 of 133 07i0 cv c d a) Q Account Number: Jurisdiction: Moab Issued: March 1, 2011 gTAX EXPRESS taxexpress.utah.gov QUESADILLA MOBILLA CO c) e QUESADILLA MOBILLA CO 4� 83 S MAIN ST 4 6. MOAB UT 84532-2502 tiD UTAH STATE TAX COMMISSION /o0 ,r' OF P- 47t, , TAXPAYER SERVICES DIVISION 2_10 N 196:0 W SALT LAKE CITY tit 84134 Website: tax.utah.uov Sales Tax License andpor Use Tax Certificate of Registration �1 Account Number: 'ia This business is registered to make taxable sales from the 4, incorporated city of: �,tA 4 Moab Outlet: 002 Issued: March 1, 2014 Valid until revoked or cancelled. Post in a noticeable place. This business is authorized to make taxable sales, purchase tarfrge for/resale, collect and remit sales and use taxes in the State of Utah. The authority to engage in business is subject to city and/or county business liwnsing laws and other gees andiedulations. This license may be revoked for violations or failure to comply with these laws, rules and regulations. If this Wi ness moves, doses -or is sold, you must contact the Tax Commission immediately by calling 801-297-2200 or toll free 1-800-662-4335 and return this license to the -Tax Sorflnission for cancellation. This license is NOT transferable. ABOVE IS YOUR SALES TAX LICENSE TEAR OFF AT PERFORATION AND POST IN A NOTICEABLE PLACE. Keep this portion for your records. ■ «< Use this number for all correspondence or contact with the Utah State Tax Commission. Your Personal Identification Number (PIN) is: 288620 You are required to register your account at taxexpress.utah.gov for electronic filing, paying and managing your account. Your PIN is needed to register. NOTICE OF LIABILITY If you are purchasing a business, have the former business owner provide you a notice/receipt from the Tax Commission stating the sales and use taxes are paid in full. If the notice/receipt is not provided, Utah law requires you keep enough of the purchase money to pay the unpaid taxes. You may be held personally liable for any taxes not paid by the former owner. TAX FREE PURCHASES Merchandise purchased tax free, but used or consumed by your company, must be reported on your sales and use tax return. You must pay sales and use tax on goods that you or your company consume. 5-5 Page 33 of 133 d a) a f AGENDA SUMMARY MOAB CITY COUNCIL MEETING September so, 2°13 Agenda Item #: 5-6 Title: Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat of Lots 55 and 56 of the Bowen Plat of the Nichols -Bowen Subdivision in the R-2 Zone at by Removing a Lot Line to Combine the Lots Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: - Chad and Emily Niehaus Background/Summary: PL-13-118 1 The applicants are requesting the vacation of the boundary line between their residence at 548 Locust Lane, and an adjacent lot that they also own. The applicants intend to expand their home and construct an accessory structure and need additional space to do so. The amendment to the plat complies with State Code Chapter 10-9a-608(2). The chapter allows a subdivision plat to be amended without a public hearing before the Land Use Authority if: (a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (A) owned by the petitioner; or (B) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local ordinance. (3) Each request to vacate or amend a plat that contains a request to vacate or amend a public street, right-of-way, or easement is also subject to Section 10-9a-609.5. (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4) (a) who consents to the petition. This requested lot line adjustment meets the applicable requirements listed in state law and the requirements of the Moab Municipal Code. Page 83 of 133 Agenda Page 2 of 2 Options: Council can: 1. Approve the petition for the joining of the two lots as submitted; 2. Table the petition if additional information is needed. Staff Recommendation: Staff recommends that this application be approved by Council because it satisfies the requirements of Utah State Code and MMC. Recommended Motion: I move to approve the petition to remove the boundary line between Lots 55 and 56 of the Nichols-Bowens Subdivision Plat. Attachment(s): Copies of: Proposed plat Signed Petition to Vacate, Alter, or Amend a Subdivision Plat Narrative p:\planning department \2013\correspondence \p1-13-118 cc niehaus hla.docz Cal Page 82 of 133 Agenda PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) Applicant: C,AiD ` NiL-/ +kfte-riAki5 Fee - $100.00 plus $25.00 per amended lot or unit. Receipt No. 000 S Phone: CY 3 5) Z 5I — °I 3 i � Mailing Address: 59 8 L cL-s i LANc, E-mail: CAAD eiv,0A3fka -cam Size of Properties: A C,oM 13 ► /<-0 12- 3 8 F i Location of Affected Properties: L01-S s5 5 Co or-- goweki et_.a-r -0.4 s03.. A short narrative describing the reason for the amendment is required and is part of complete application, Failure to submit a narrative will delay review of the application, This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: i. Join two or more of the petitioner fee owner's contiguous lots; ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels joins in the petition, regardless of whether the lots or parcels are located in the same subdivision; iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. 5-6 Page 83 of 133 d a1 a PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 OWNERS: q.J\ � e Og j2`3 // 3 Date State of UT County of Gra. a On the 2111 day of shad N levt>v,urcp Date personally appeared before me LOCO 5 Neiticul. (nine of owner(s)) , who duly acknowledged to me that they executed the same. My Commission Expires: MO/4 1 i LK- OWNERS: No , Residing in C,kaktd Cf MARIA SHUPE Notary Public State of Utah My Commission Expires on: March 1, 2015 Comm. Number: 605157 Date Date State of ) County of ) On the day of , personally appeared before me (name of owner(s)) , who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in 5-6 Page 84 of 133 d Q PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CITY RECORDER Rachel Stenta Date 5-6 Page SS of 133 03 c d a) Q 1 kit Ckau( t LI MiLke(A)s book,/id t(Lt evvt6AR 0-5 t S-6 00. /-62_ ei&x,.3(2-n oC Nickok (30(,,eri Solocl/ivisscon owa Fors HQ. kiu-z oncl ONL pcorit-i • �� �►� CorforcLfiAS(0A (c(-S r � kz\AG, trae. aoU f-0 o*p oad nvr s•r vc. 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SNV1 J4[1301 • •, drir 7." r 4 .7 •••-- .1frYcl .57/1.1 TRAY _ • ISA _ Page 30 of 133 MOAB CITY COUNCIL MEETING September so, 2013 Agenda Item #:5-7 & 5-8 Title: Award of the Powerhouse Lane and 4th East Street Improvements Project Bid & Approval of the Powerhouse Lane and 4th East Street Improvements Project Contract Fiscal Impact: $145,336 Staff Presenter(s): Rebecca Andrus Department: Engineering Applicant: N/A Background/Summary: Powerhouse Lane is in very poor condition with failing pavement and large potholes. The improvements for the Millcreek Village Subdivision are nearly complete. As part of the Subdivision Improvements Agreement, the City agreed to repair the pavement from Millcreek Drive to the edge of the subdivision. Pavement on 4th East Street needs to be repaired to fix the road damage caused by the waterline break this past winter. In order to allow budgetary flexibility, the 4th East Improvements were bid in two ways. Alt A is a complete repair, and Alt B was only repairing the patches. On August 30, the City received one bid for the work from LeGrand Johnson Construction Company. Since the bid for Alt A came in within the available budget, it is recommended that the bid be awarded to Legrand Johnson Construction company for Powerhouse Lane and 4th East Alternative A for a total cost of $145,336. 1 Options: Approve, Deny or Table Staff Recommendation: Approve Recommended Motion: I move to award the Powerhouse Lane and 4th East Street Improvements Project Bid to LeGrand Johnson Construction Company in the amount of $145,336. I move to approve the Contract with LeGrand Johnson Construction Company for the Powerhouse Lane and 4th East Street Improvements Project. Attachment(s): Construction Contract 5-8 Page 06 of 133 Agenda CONSTRUCTION CONTRACT PROJECT TITLE: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS This CONTRACT is made this the 10th day of August, 2013, by and between the CITY OF MOAB, 217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "CITY") and LEGRAND JOHNSON CONSTRUCTION COMPANY, (hereinafter referred to as "CONTRACTOR") CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is known as and is hereinafter referred to as POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS and is described in detail in the Contract Documents which contain the full scope of work. 1.02 CONTRACTOR shall complete, provide and perform, or cause to be performed, all work in a proper and workmanlike manner, with appropriate consideration for public safety and convenience, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expediency consistent therewith all as more particularly described in the Contract Documents. ARTICLE 2 - CITY'S REPRESENTATIVE CITY has appointed a CITY'S REPRESENTATIVE (sometimes referred to as CITY REP and sometimes known as the Owner's Representative or Construction Manager) to manage this Project and to represent the CITY on the Project site. The CITY REP will assume all duties and responsibilities and will have all rights and authority assigned to the CITY REP in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Any references in the Contract Documents, or other pertinent documents, to the Engineer or Project Engineer shall mean the CITY REP. The CITY'S REPRESENTATIVE for this Project is: Jeff Foster, Public Works Director ARTICLE 3 - CONTRACT TIME 3.01 CONTRACTOR shall submit to CITY, on or before the effective date of this Contract, a Construction Progress Schedule in Critical Path Method (CPM) format indicating the times for starting and completing the various stages of the Work, including any Milestones specified in this Contract and as more fully described in the General Conditions and other Contract Documents. Revisions/updates to the CPM schedule shall be submitted as often as necessary to accurately reflect plans for completion of the work, but no less frequently than required in the Contract Documents. 5-8 Page 99 of 133 Agenda City of Moab — Construction Contract Project: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS 3.02 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial Completion and for Final Completion and readiness for final payment as stated in the Contract Documents, are of the essence of the Contract. 3.03 The Work shall be substantially complete within 30 calendar days after the date when the Contract Times commence to run based on the Notice to Proceed as provided in the Contract Documents, and all Work shall be finally completed and ready for final payment in accordance with the Contract Documents within 45 calendar days after the date when the Contract Time commences to run. Contractor shall be expeditious in providing required documentation so that the Notice to Proceed can occur within 15 calendar days of the Notice of Award. Failure to do so may result in a reduction of the Contract Time specified above. 3.04 Failure of CONTRACTOR to perform any covenant or condition contained in the Contract Documents within the time periods specified shall constitute a material breach of this Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and receives an extension of time, in accordance with the procedures set forth in the Contract Documents. 3.05 Failure of CITY to insist upon the performance of any covenant or condition within the time periods specified shall not constitute a waiver of CONTRACTOR'S duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition. 3.06 The CITY'S agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of CONTRACTOR to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this Contract entitling CITY to all the remedies set forth herein or provided by law. ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES 4.01 Liquidated Damages: A. It is hereby agreed that the amounts per day set forth herein in paragraph B. are reasonable estimates of such damages, that said amounts do in fact bear a reasonable relationship to the damage that would be sustained by CITY, and CONTRACTOR agrees to pay such liquidated damages as herein provided. B. CITY and CONTRACTOR recognize that time is of the essence of this Contract and that CITY will suffer financial loss, in addition to and apart from the costs described in Paragraph 4.02, if the Work and/or portions of the Work are not performed and completed within the times specified in Article 3, plus any extensions thereof allowed in accordance with the Contract Documents. Accordingly, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY two hundred dollars and no cents ($200) for each calendar day that expires after the time specified in Article 3 for substantial completion, until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred dollars and no cents ($500) for each day that expires after the time specified in Article 3 for final completion and readiness for final payment. 5-8 CC - 1 Page 89 of 123 Agenda City of Moab — Construction Contract Project: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS 4.02 Special Damages: In addition to the amounts provided for liquidated damages, CONTRACTOR shall pay CITY the actual costs reasonably incurred by CITY for the CITY REPRESENTATIVE, the Project Designer and for engineering and inspection forces employed on the Work for each day that expires after the time specified in Article 3 for Final Completion, including any extensions thereof made in accordance with the Contract Documents, until the Work is finally complete. The rate for CITY inspection services for this contract is $60 per hour. The rate for work by the CITY REPRESENTATIVES is $60 per hour. Each of these hourly rates is calculated at time and one half for work required to be performed during other than normal business hours. 4.03 CITY may withhold and deduct from any payment due to CONTRACTOR the amount of liquidated damages, special damages, and other damages incurred by the City as provided in the Contract Documents. ARTICLE 5 - CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amounts set forth or calculated as specified in this Article 5. 5.01 For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those amounts listed on the Bid Schedule attached as Exhibit A. All specific cash allowances are included in such lump sum unit price and have been computed in accordance with the Contract Documents. 5.02 For all Unit Price Work, an amount equal to the sum of the unit prices for each separately identified item of Unit Price Work, as indicated in Exhibit A, times the actual quantity of that item installed or constructed in the work, as determined by CITY REP in accordance with the Contract Documents. The unit prices listed on the Bid Schedule are all-inclusive of labor, material, profit, overhead, taxes and other miscellaneous costs pertinent to each work or bid item. The not -to -exceed total of all Unit Prices and all Lump Sum items as set forth in the Bid Schedule for the Powerhouse Lane and 400 E Alternative A Improvements is One Hundred Forty -Five Thousand Three Hundred and Thirty -Six Dollars and No Cents, ($145,336). As provided in the Contract Documents, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by CITY REP. In the event CONTRACTOR believes the quantities of any item of the Work will exceed the estimated quantities listed above, CONTRACTOR shall notify CITY REP before proceeding with that item of Work in order to allow CITY REP to document and record the actual quantities. If CONTRACTOR fails to notify CITY REP prior to proceeding with any item of the Work and CITY REP is unable to verify the actual quantities to his or her satisfaction, CONTRACTOR shall be bound to the quantities estimated by CITY REP. In the event that actual quantities used and incorporated into the Work for all Unit Price Work are less than the estimates shown in Exhibit A, then the contract price shall be adjusted downward proportionately based upon the specified unit prices and the actual quantities used. 5-8 CC-2 Page 83 of 133 Agenda City of Moab — Construction Contract Project: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS ARTICLE 6 - PAYMENT PROCEDURES 6.01 CONTRACTOR shall submit completed Applications for Payment in accordance with the Contract Documents. No payment application will be considered complete unless it is accompanied by an updated Construction Progress Schedule and a certification that the on - site, red lined, as -built drawings are up to date. Each application for payment shall constitute a certification by the Contractor that all statements contained in the application are true and correct and that the work represented in the application is complete to the extent specified and done in conformity with the Contract Documents. Completed Applications for Payment will be processed by CITY REP as provided in the Contract Documents. 6.02 Progress Payments: A. On or before the first (1st) day of each month after the date when the Contract Time commences to run, CONTRACTOR shall submit to CITY REP, for review, completed Applications for Payment covering Work performed during the preceding calendar month. Provided a pay application is complete and submitted on or before the first of each month, the CITY will make monthly progress payments based on the progress of the Work, as shown on CONTRACTOR'S Application for Payment, and as certified and approved by CITY REP and measured by the schedule of values provided for in the General Conditions on or before the 15t" of each month, subject to the other conditions set forth herein and in the other Contract Documents. Complete pay applications submitted after the first of each month shall be due on or before twenty five (25) days from the date of submittal to the CITY REP, provided that they are certified for payment. B. To insure the proper performance of the contract CITY shall retain five percent (5%) of the amount of each approved progress payment until the Work is certified by the City Rep as being Substantially Complete. C. CITY may withhold and deduct from progress payments, retention proceeds, or final payment an amount equal to CITY'S estimate of the liquidated damages then due, or that would become due based on CITY'S estimate of late completion of the Work, together with such other sums as are provided in these Contract Documents. 6.03 Final Payment: Upon final completion and acceptance of the Work and upon compliance with all other terms and conditions of the Contract Documents, CITY shall pay the remainder of the Contract Price, including retainage withheld, less such deductions as may be withheld to cover claims in accordance with state law and the Contract Documents, and to cover liquidated and special damages and other charges owing to CITY. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the following representations: 7.01 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda) and other related data identified in the Bidding Documents, including "technical data" and all federal, state and local laws, ordinances, standards, rules and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 5-8 CC-3 Page 82 of 123 Agenda City of Moab — Construction Contract Project: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS 7.02 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) the reports of investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) and the drawings of physical conditions in or relating to existing surface or subsurface structures, at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing all the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. The reports and drawings available to CITY are listed in the Supplementary Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY and CITY'S REP do not assume responsibility for the accuracy or completeness of information and data shown or indicated therein with respect to Underground Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for locating and resolving any conflicts with any Underground Facilities. 7.03 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.04 CONTRACTOR has made or caused to be made examinations, investigations, tests, studies and related data as he deems necessary, and CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract times and in accordance with the other terms and conditions of the Contract Documents. 7.05 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, reports, and data, with the terms and conditions of the Contract Documents. 7.06 CONTRACTOR has given CITY REP written notice of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. CONTRACTOR assumes full responsibility and liability for any conflicts, errors or discrepancies in the Contract Documents, including, but not limited to, the specifications, design and engineering for the project, for which written notice has not been provided and which an adequate review by CONTRACTOR would have revealed. ARTICLE 8 - CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of those listed below. There are no Contract Documents other than the following: 5-8 CC-4 Page 83 of 183 Agenda City of Moab — Construction Contract Project: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS 8.01 The Contract 8.02 Bid Proposal 8.03 The Construction Drawings 8.04 The Technical Specifications 8.05 Performance Bond and Payment Bond 8.06 Moab City Design Standards and Public Improvement Specifications (September 1999) 8.07 General Conditions (pages 1 to 47, inclusive) 8.08 Notice to Proceed to be issued after Contract award, prior to construction. 8.09 The following which may be delivered or issued after the Effective Date of this Contract and are not attached hereto: A. Written Amendments; B. Work Change Directives; C. Change Order(s). ARTICLE 9 - INSURANCE 9.01 General Insurance Requirements: A. CONTRACTOR, at its own expense, shall purchase and maintain insurance of the types and amounts required in this section, with companies possessing a current A.M. Best, Inc. rating of B++6, or better and legally authorized to do business in the State of Utah with policies and forms satisfactory to CITY. B. Policies written on a "Claims made" basis are not acceptable without written permission from the City's Attorney. C. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of CITY, constitute a material breach of this Agreement and may result in termination of this contract. D. If any of the insurance policies are not renewed prior to expiration, payments to the CONTRACTOR may be withheld until these requirements have been met, or at the option of the City, the City may pay the Renewal Premium and withhold such payments from any monies due the CONTRACTOR. E. All insurance policies, except Workers' Compensation and Professional Liability required by this Agreement, and self -insured retention or deductible portions, shall name, to the fullest extent permitted by law for claims arising out of the performance of this contract, the City of Moab, its agents, representatives, officers, directors, officials and employees as Additional Insureds. F. CONTRACTOR's insurance shall be primary insurance over any insurance available to the CITY and as to any claims resulting from this contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. 5-8 CC-5 Page 86 of 133 Agenda City of Moab — Construction Contract Project: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS G. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against CITY, its agents, representatives, officers, directors, officials and employees for any claims arising out of CONTRACTOR 's acts, errors, mistakes, omissions, work or service. H. The insurance policies may provide coverage which contain deductibles or self - insured retentions. Such deductible and/or self -insured retentions shall be assumed by and be for the account of, and at the sole risk of CONTRACTOR. CONTRACTOR shall be solely responsible for the deductible and/or self -insured retention. The amounts of any self -insured retentions shall be noted on the Certificate of Insurance. CITY, at its option, may require CONTRACTOR to secure payment of such deductibles or self -insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. Self -insured retentions in excess of $10,000 will not be accepted except with permission of the Management Services Director/designee. I. All policies and certificates shall contain an endorsement providing that the coverage afforded under such policies shall not be reduced, canceled or allowed to expire until at least thirty (30) days prior written notice has been given to CITY. J. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the CONTRACTOR with reasonable promptness in accordance with the CONTRACTOR's information and belief. K. In the event that claims in excess of the insured amounts provided herein, are filed by reason of any operations under this contract, the amount of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the CONTRACTOR until such time as the CONTRACTOR shall furnish such additional security covering such claims as may be determined by the CITY. 9.02 Proof of Insurance - Certificates of Insurance A. Prior to commencing work or services under this Agreement, CONTRACTOR shall furnish to CITY Certificates of Insurance, issued by CONTRACTOR's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and obtain from the City's Risk Management Division approval of such Certificates. B. If a policy does expire during the life of this Agreement, a renewal certificate must be sent to the City of Moab five (5) days prior to the expiration date. C. All Certificates of Insurance shall identify the policies in effect on behalf of CONTRACTOR, their policy period(s), and limits of liability. Each Certificate shall include the job site and project number and title. Coverage shown on the Certificate of Insurance must coincide with the requirements in the text of the contract documents. Information required to be on the certificate of Insurance may be typed on the reverse of the Certificate and countersigned by an authorized representative of the insurance company. D. CITY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. CITY shall not be obligated, however, to review same or to advise CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall not relieve 5-8 CC-6 Page 85 of 133 Agenda City of Moab — Construction Contract Project: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS CONTRACTOR from, or be deemed a waiver of CITY's right to insist on, strict fulfillment of CONTRACTOR's obligations under this Agreement. 9.03 Required Coverage - Such insurance shall protect CONTRACTOR from claims set forth below which may arise out of or result from the operations of CONTRACTOR under this Contract and for which CONTRACTOR may be legally liable, whether such operations be by the CONTRACTOR or by a Sub -consultant or subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Coverage under the policy will be at least as broad as Insurance Services Office, Inc., policy form C000011093 or equivalent thereof, including but not limited to severability of interest and waiver of subrogation clauses. A. Claims under Workers' Compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; B. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; C. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; D. Claims for damages insured by usual personal injury liability coverage; E. Claims for damages, other than to Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; F. Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; Coverage will be at least as broad as Insurance Service Office, Inc., coverage Code "I" "any auto" policy form CA00011293 or equivalent thereof. G. Claims for bodily injury or property damage arising out of completed operations; H. Claims involving contractual liability insurance applicable to the Contractor's obligations under the Indemnification Agreement; I. Claims for injury or damages in connection with one's professional services; J. Claims involving construction projects while they are in progress. Such insurance shall include coverage for loading and off loading hazards. If any hazardous material, as defined by any local, state or federal authorities are to be transported, MCS 90 endorsement shall be included; 9.04 Commercial General Liability - Minimum Coverage Limits: The Commercial General Liability insurance required herein shall be written for not less than $1,000,000 limits of liability or ten percent (10%) of the Contract Price, whichever coverage is greater. Any combination between general liability and excess general liability alone amounting to a minimum of $1,000,000 per occurrence (or 10% per occurrence) and an aggregate of $2,000,000 (or 20% whichever is greater) in coverage will be acceptable. The Commercial General Liability additional insured endorsement shall be as broad as the Insurance Services, Inc's (ISO) Additional Insured, Form B, CG 20101001, and shall include coverage for CONTRACTOR's operations and products, and completed operations. 5-8 CC-7 Page 88 of 133 Agenda City of Moab — Construction Contract Project: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS 9.05 General Liability - Minimum Coverage Limits A. The General Liability insurance required herein, including, Comprehensive Form, Premises -Operations, Explosion and Collapse, Underground Hazard, Products/Completed Operations, Contractual Insurance, Broad Form Property Damage, Independent Contractors, and Personal Injury shall be written for Bodily Injury and Property Damage Combined shall be written for not less than $1,000,000 or 10% of the contract cost and with a $2,000,000 aggregate. B. Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any owned, hired, and non -owned vehicles assigned to or used in performance of the CONTRACTOR's work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards if hazardous substances, materials or wastes are to be transported and a MCS 90 endorsement shall be included with coverage limits of $5,000,000 per accident for bodily injury and property damage. 9.06 Worker's Compensation and Employer's Liability: A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over CONTRACTOR's employees engaged in the performance of the Work or Services; and, Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease coverage for each employee, and $1,000,000 disease policy limit. B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of CONTRACTOR. ARTICLE 10 - INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless the City of Moab, its agents, representatives, officers, , officials and employees from and against all claims, damages, losses and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this Contract. CONTRACTOR'S duty to defend, hold harmless and indemnify the City of Moab, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from any acts, errors, mistakes, omissions, work or services in the performance of this contract including any employee of the CONTRACTOR or any tier of subcontractor or any other person acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 5-8 CC -$ Page 89 of 133 Agenda City of Moab — Construction Contract Project: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS ARTICLE 11 - BONDS 11.01 Bid Security will be returned to the Contractor once the Contract is executed. 11.02 Contemporaneous with issuance of the Notice to Proceed, Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and authorized to do business in the State of Utah, in a form acceptable to the City, and in an amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and benefit of the City to secure Contractor's performance of its construction obligations under this Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations. 11.03 Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. 11.04 The letter of credit, payment bond, and performance bond shall be released no later than one year from the last day of performance of labor or service or supplied equipment or material, provided that no person has provided a demand for payment as provided by law or commenced an action seeking payment against the City or under any such instrument within that time. In the event any person described in subsection (a), above, issues a demand or commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a court of competent jurisdiction, at which point the City will be discharged of any further liability. In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. 11.05 Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract. The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 11.06 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. ARTICLE 12 - MISCELLANEOUS 12.01 Terms used in this Contract which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. 5-8 CC-9 FP-a:TIE1310cff11%313 Agenda City of Moab — Construction Contract Project: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS 12.02 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 12.03 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. This Contract will be effective on , 2013. FOR THE CITY OF MOAB ATTEST: MAYOR City Recorder FOR THE CONTRACTOR ATTEST: If Corporation Signature Secretary STATE OF UTAH ) )s COUNTY OF GRAND ) On the day of , personally appeared before me same. , who duly acknowledged to me that they executed the Notary Public My Commission Expires: Residing in: Grand County 5-8 CC - 10 rDasfB 1391 aff 112313 Agenda City of Moab — Construction Contract Project: POWERHOUSE LANE AND 4TH EAST STREET IMPROVEMENTS Exhibit A ARTICLE 13 - PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of , 20 by ("Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ , check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the project owned by the City and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. a y: T Subcontractor itle: 5-8 CC - 11 FPasmTOT off 1173B Agenda I MOAB CITY COUNCIL MEETING September 1o, 2013 Agenda Item #: 5-9 Title: Approval of a Federal Aid Agreement by and between the Utah Department of Transportation and Moab City for the Lions Park Trail and Transit Hub Project Fiscal Impact: $365,918 in City Match Funds, $1,463,674 in Federal Funding Staff Presenter(s): Rebecca Andrus Department: Engineering Applicant: N/A Background/Summary: The Lions Park improvement project is an ongoing, cooperative, multi -agency effort. The City was awarded a Transportation Enhancement Grant for $500,000 and a Scenic Byways Grant for $963,674 for construction of the park. Both of these funds require a 20% local agency match for a total of $365,918. The total funding for the park is $1,829,592. Plans were prepared using $100,000 of National Park Service Connecting Trails to Parks (CTTP) funding. Once the Federal Aid Agreement is executed, UDOT will work with Federal Highways to transfer the direct management of the project to the Department of Facilities and Construction Management (DFCM), which is the sister agency to UDOT that deals with building construction. DFCM will be responsible for advertising, bidding, and construction management for the park. Simultaneously, the City and UDOT will prepare a Lease Agreement for use of the park since UDOT owns much of the park property. Options: Approve, Deny or Table Staff Recommendation: Approve Recommended Motion: I move to approve the Federal Aid Agreement by and between the Utah Department of Transportation and Moab City for the Lions Park Trail and Transit Hub Project. Attachment(s): Federal Aid Agreement with attachment and exhibit 5-9 FPas5E 1113 aff 117313 Agenda PARTNERS FOR SUCCESS UDOT and Local Governments State of Utah Department of Transportation udol.vrah govilocaloavernmenl Federal Aid Agreement Maximum Project Value for Local Agency Project City of Moab - Rebecca Andrus Authorized CFDA No. 20.205 $1,829,592 PIN Number Project Number Agreement Number 9020 F-LC19(14) (Assigned By Comptrollers) FINET Number PIN Description 53371 LIONS PARK TRAIL & TRANSIT HUB FMIS Number Date Executed F007337 This Agreement is entered into this day of , 20_, by and between the Utah Department of Transportation ("UDOT") and Moab City ("Local Agency"), a political subdivision of the State of Utah. The Local Agency has a project that will receive financing from federal -aid highway funds. The Project consists of LIONS PARK TRAIL & TRANSIT HUB, located at Moab City and identified as project number F-LC19(14). Pursuant to 23 CFR 635.105, UDOT has the responsibility to oversee the federal aid projects to ensure adequate supervision and inspection so the projects are completed in conformance with the approved plans and specifications, including compliance with all federal requirements. In instances where UDOT does not have jurisdiction over the road where the Project is being performed, UDOT may arrange for the Local Governmental Agency with jurisdiction of the road to perform the work with its own forces or by contract. This Agreement describes the respective roles and requirements of UDOT and the Local Agency to ensure compliance with the federal requirements for the receipt of federal funding for the Project. State Wide Transportation Imarovement Pro ram STIP 2013 - 2016 Fund" Prior 2013 2014 2015 2016 Total Fed Aid State Other Pct BYWAYS $1,204,591 $1 $0 $0 $0 $1,204,592 $963,674 $0 $240,918 20.00% STP_ENH_EAC $0 $625,000 $0 $0 $0 $625,000 $500,000 $0 $125,000 20.00% Total: $1,204,591 $625,001 $0 $0 $0 $1,829,592 $1,463,674 $0 $365,918 20.00% Attachment A to this Federal Aid Agreement describes a lease agreement between UDOT and Moab City. See the attached document for additional details. Exhibit A to this Federal Aid Agreement is a map of the project area showing the location of the improvements. 5-9 Revised 3-20-13 1 of 10 FPas5E'HFlaff117313 Agenda AGREEMENT Now, therefore, the parties agree as follows: I. Description of the Project. II. UDOT's Roles and Responsibilities on a Federally Funded Local Government Project as follows: A. Oversee compliance with federal and state regulations. B. Ensure transportation project oversight as outlined in 23 CFR. C. Assign a UDOT Project Manager to: 1. Assist the Local Government Project Manager to monitor scope, schedule, budget, and help track expenditures during all phases of the project. 2. Assist in project risk monitoring by reviewing and discussing identified risks and mitigation efforts. 3. For projects approved through the Wasatch Front Regional Council (WFRC), assist in early coordination with UDOT's Environmental staff during preparation of the environmental document. 4. Prepare and process the federal aid agreement before project initiation. 5. Help administer consultant qualifications -based selection, negotiation of contract, and contracting process for all phases of the Project. 6. Assist the local agency to process and approve Consultant Pay Requests. 7. Coordinate and participate in design review meetings to ensure the federally -approved, UDOT design process is followed. 8. Coordinate to ensure ongoing communication with the local project sponsor. 9. Coordinate payment of local government matching, betterment or other funding to UDOT prior to project advertisement. 10. Assist the Local Agency in preparing and executing Utility Reimbursement Agreements as required. 11. Coordinate betterment items and finalize agreements prior to construction advertising. 12. Assist with the federally -approved construction advertising and award processes. 13. Coordinate with the Local Project Manager to review and recommend change orders for approval. 14. Coordinate the UDOT project closeout process. III. Local Agency Roles and Responsibilities on a Federally Funded Local Government Project. The Local Agency shall manage the Project in compliance with federal and state laws and regulations. The Local Agency shall monitor the quality of work being performed on the Project and daily activities and issues with the consultants. For Class B and C roads, the Local Agency assumes responsibility for the design, construction quality and maintenance of the road. A. The Local Agency shall assign a representative to serve as the Local Project Manager to: 1. Research, understand, and take responsibility for federal requirements by its acceptance of federal funds. 2. Coordinate with the UDOT Project Manager concerning the funding. 3. Committee (MPO's, etc.) for funding and expenditure time -frames, scope issues and delivery schedule. 4. Manage the day-to-day activities of the Project as follows: a. Consultant and professional services used on the Project. b. The Local Agency shall recommend and approve consultant pay requests. c. Project scope, schedule, budget, and quality. d. Coordination of details, decisions and impacts with the local jurisdiction's community councils, commissions, legal counsel, department heads, political leads, engineering and public works departments, etc. e. Coordination with the assigned UDOT Project Manager. f. Project risk monitoring by reviewing and discussing identified risks and mitigation efforts. g. Monitor project schedule and progress of all project tasks to ensure a timely delivery of the project. h. Schedule discussion should be held in all preconstruction and construction project progress meeting. 2of10 5-9 FDasfB'315cff112313 Agenda i. Oversee project compliance with federal and state transportation project processes. These responsibilities include (but are not limited to): 1) Participate in the federally approved consultant qualifications -based selection, negotiation of contract, and contracting process for all phases of the project. 2) Participate as the active lead in project team meetings as well as all field and plan reviews. 3) Ensure NEPA Environmental clearances and approvals are obtained. 4) Ensure current AASHTO, MUTCD, and UDOT design standards are met, or if not, ensure all design exceptions, waivers or deviations are obtained and have the necessary signatures in place. 5) Ensure and certify that right of way acquisitions follow the federal Uniform Act and comply with state right of way acquisition policy, including rules, and meet all Project right of way commitments. 6) Ensure construction standards and specifications are met. 7) Oversee project construction management operations, progress, documentation and quality inspection to meet state and federal contract administration requirements. j. Coordinate with utilities to minimize project impacts and ensure needed relocations have the proper documentation, easements and agreements in place. The Local Agency shall provide to UDOT Region Utility Coordinator the Project utility certification prior to construction advertising. k. Ensure required documentation is in place before submitting the advertising package to UDOT for advertising through its federally -approved process. I. Coordinate with the UDOT Project Manager and Comptroller's Office to deposit the local match and betterment funds prior to advertising. m. Approve the final advertising package and obtain local signature approval before proceeding to advertise. n. Review the abstract of bids and recommend to the UDOT Project Manager award of the project. o. Attend Construction Coordination meetings and coordinate with the Consultant Resident Engineer (RE). p. Review all construction change orders for approval and submit them to UDOT Project Manager for review and processing. q. Review the project budget for changes related to change orders, quantity overruns, incentives, fuel and asphalt adjustments, etc. r. Ensure materials comply with the current UDOT Materials Testing and Acceptance Manual and the UDOT Minimum Sampling and Testing Requirements. s. Assist to provide all documentation needed for construction project close out including Buy America certification. t. Coordinate the project close out process by timely closing all open contracts and agreements. u. Provide right of way certification verifying all required right of way has been purchased prior to advertising. This list of roles and responsibilities is not comprehensive but describes the general roles of the Local Agency. IV. Funding. Upon signing this agreement, the Local Agency agrees to pay its estimated matching share in phases when requested by UDOT. Phases typically include environmental, design, right of way and construction. The local match for this project is represented by the percentages of the Total Project Value shown below. In addition the Local Agency agrees to pay 100% of the overruns that exceed $1,829,592 and any ineligible costs when requested by UDOT. All project costs not reimbursed by FHWA shall be the responsibility of the Local Agency. No costs are eligible for federal aid reimbursement until authorized by the FHWA through Form R-709, Request for Federal Aid Project Approval, separate from this Local Agency Agreement. For the specific funding for the project, see page 1, Statewide Transportation Improvement Program (STIP). UDOT will request payment of matching shares and overruns through an email that will be sent to Rebecca Andrus at REBECCA@MOABCITY.ORGthe Local Agency Contact. The Local Agency shall pay within 3of10 5-9 rDaTE10Eofff117313 Agenda 30 days after each payment request. The Local Agency shall make the check payable to the Utah Department of Transportation referencing the project number above and mail to UDOT Comptroller's Office, 4501 South 2700 West, Box 1415010, Salt Lake City, Utah 84114-1510. The Local Agency shall be responsible for all costs associated with the project which are not reimbursed by the federal government. For a Joint Highway Committee project, the federal participation for construction engineering costs is limited to 20 percent of the construction contract costs. Funds requested beyond the amount set forth will require execution of a Supplemental Financial Agreement. If the project has cost overruns, the Local Agency shall pay the additional amount required within 30 days of receiving the invoice. Should the Local Agency fail to reimburse UDOT for costs that exceed the federal reimbursement, federal funding for other Local Agency projects or B&C road funds may be withheld until payment is made. If the advanced amount exceeds the Local Agency's share of project cost, UDOT will return the amount of overpayment to the Local Agency upon financial closure of the project. UDOT shall provide the Local Agency with a quarterly statement reflecting a cost summary of project costs. V. Local Agency's Reimbursement Claims. The Local Agency shall bill UDOT for eligible federal aid project cost incurred after FHWA approval for authorization to proceed (form R709) and in conformity with applicable federal and state laws. Authorized Local Agency reimbursement claims should be submitted to UDOT Project Manager. Reimbursements to the Local Agency for right of way claims are classified as a pass -through of Federal funds from UDOT to the Local Agency. Expenditures by the Local Agency for general administration, supervision, and other overhead shall not be eligible for federal participation unless an indirect cost plan has been approved by the Federal government. The Local Agency shall comply with 23 CFR Section 710.203 for FHWA reimbursement requests of real property acquisitions. A Local Agency shall not request reimbursement for excess acquisitions which are not eligible for FHWA reimbursement under 23 CFR Section 710.203 http://www.gpoaccess.gov/cfr/retrieve.html. VI. Federal Aid Project Compliance. Local Agency shall comply with Title 23, USC, 23 CFR, Office of Management and Budget Circulars A-102, A-87 and A-133, policies and procedures promulgated by FHWA, UDOT Local Government and State Aid Project Guide, UDOT's Right of Way Operational Manual and the Federal Aid Project Agreement between UDOT and Federal Highway Administration concerning federal aid projects. VII. Project Authorization for Federal Aid. The Local Agency, through UDOT, must obtain an Authorization to proceed from FHWA before beginning work on any federal aid project. Federal funds shall not participate in costs incurred prior to the date of authorization, except as provided by 23 CFR Section 1.9(b). VIII. Liability. Local Agency agrees to hold harmless and indemnify UDOT, its officers, employees and agents (Indemnities) from and against all claims, suits and costs, including attorneys' fees for injury or damage of any kind, arising out of the Local Agency's negligent or intentional acts, errors or omissions in the performance of this Project, and from and against all claims, suits and costs, including attorneys' fees for injury or damage of any kind, arising out of Indemnities' failure to inspect, discover, correct, or otherwise address any defect, dangerous condition or other condition created by or resulting from Local Agency's negligent or intentional acts, errors or omissions in the performance of this Project. Any periodic plan and specification review or construction inspection performed by UDOT arising out of the performance of the project does not relieve the Local Agency of its duty in the performance of this Project or to ensure compliance with acceptable standards. IX. Single Audit Act. The Local Agency, as a sub -recipient of federal funds, shall adhere to the Federal Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, http://www.whitehouse.gov/omb/circulars/a133/a133.html. A sub -recipient who expends $500,000 4of10 5-9 rDawlfAoEff11%313 Agenda or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provision of OMB Circular A-133. Upon conclusion of the A-133 audit, the Local Agency shall be responsible for ensuring that a copy of the report is transmitted to the Utah Department of Transportation, Internal Audit, 4501 S 2700 W, Box 148230, Salt Lake City, Utah 84114-8230. X. Maintenance. The Local Agency shall properly maintain and restore each type of roadway, structure and facility as nearly as possible in its original condition as constructed or improved in accordance with state and federal requirements. XI. Utilities. The Local Agency shall notify and cooperate with utility companies having facilities in the project limits in accordance with Utah Code Section 54-3-29. The Local Agency shall certify, in accordance with 23 CFR Section 645.107(c), that utility relocation reimbursements to be made in accordance with the provisions of 23 CFR Section 645.107(a) do not violate the terms of a use and occupancy agreement, or legal contract, between the utility and the Local Agency, or are solely for the purpose of implementing safety corrective measures to reduce the roadside hazards of utility facilities to the highway use as provided in 23 CFR Section 645.107(k). The Local Agency shall determine reimbursement eligibility for identified relocations based on Local Agency Franchise Agreement or Ordinance. If not reimbursable, submit a written statement to UDOT that the Local Agency is "legally unable to reimburse the utilities" for relocation or protection work as part of the project. Utility relocations deemed to be reimbursable will be performed in accordance with 23 CFR Section 645, Utilities, Subpart A, and are subject to 23 CFR Section 635.410, Buy America Requirements. In accordance with 23 CFR Section 645.209 (g), the Local Agency will provide a degree of protection to the highway that is equivalent to or more protective than Utah Administrative Rule 930-7, Utility Accommodation Rule. XII. Availability of Records. For a period not less than three (3) years from the date of final project close out with federal government, the Local Agency accounting records pertaining to the federal aid project are to be kept available for inspection and audit by the state and federal government, or furnished upon request. XIII. Right of Way. The Local Agency shall acquire all the required right of way for the Project in compliance with 23 CFR Section 710.309, 49 CFR Part 24 and UDOT Right of Way Operations Manual. The Local Agency shall use the right of way module in ePM for acquisitions. Once all the necessary right of way is acquired, the Local Agency shall obtain UDOT's certification. All the necessary right of way must be obtained before the project is advertised. No limitations concerning right of way shall be allowed. For UDOT right-of-way certifications required for advertising access the following: http://www.udot.utah.gov/main/f?p=100:pg::::1:T,V:808,34728. For real property disposals the Local Agency shall comply with 23 CFR Sections 710.409 and 710.403. The Local Agency should have property management records, which identify inventories of real property considered excess to project needs. If a Local Agency determines that real property initially acquired as part of the project is declared excess and disposed of the Local Agency must comply with 23 CFR Sections 710.409 and 710.403. This requires that the Federal share of net income from the sale or lease of real property acquired with Federal assistance be used for Title 23 eligible projects. Refer to http://www.gpoaccess.gov/cfr/retrieve.html for additional information. The Local Agency shall deposit the net proceeds from the sale or lease with UDOT to be applied towards a Title 23 eligible project as authorized by the appropriate metropolitan planning organization or the Joint Highway Committee. XIV. Change in Scope and Schedule. Local Agency recognizes that if a project scope changes from the original intent of the project application, the project will need to be re-evaluated by the responsible agency that programmed the project. Such a review may result in approval of the scope change, removal from the program, or adjustment in the federal aid funds programmed for the project. Local Agency is responsible for the schedule of the project. If the project cannot progress as programmed, the responsible programming agency may advance other projects and require the project to wait for next available funding. 5of10 5-9 FDaTETOBcdf117313 Agenda Any change orders required to meet the terms and conditions of the construction contract will be initiated by UDOT. UDOT will notify the Local Agency of any such change orders. At the Local Agency's request, UDOT will initiate change orders that cover betterments. The Local Agency shall be responsible for 100% of the costs of all change orders on the Project not reimbursed by FHWA. XV. UDOT Service Costs. UDOT may provide expertise in project management, contract preparation, design plan reviews, advertising, construction materials verification/certification, technical assistance, engineering services or other services as needed. Appropriate charges for these costs will be included in invoices to the Local Agency. XVI. Additional Contracting Party. If the Local Agency desires to be an additional contracting party and an additional bondholder or obligee on the performance bond for Class B and C roads, a signed letter on official letterhead by the governing body of the Local Agency shall be an attachment to this Federal Aid Agreement. This provision applies only to federally funded projects and only on B and C roads. XVII. Termination. This agreement may be terminated as follows: 1. By mutual agreement of the parties, in writing. 2. By either UDOT or the Local Agency for failure of the other party to fulfill their obligations as set forth in the provisions of this agreement. Thirty day written notice to terminate the Agreement will be provided to the other party describing the noncompliance of the Agreement. If the noncompliance is not remedied within the thirty day period, the Agreement shall terminate. However, if UDOT believes that the Local Agency is violating the Agreement that may result in harm to the public, inappropriate use of federal funds or if the Federal Highway Administration requests immediate termination, UDOT may terminate the Agreement without giving the thirty day notice. 3. By UDOT for the convenience of the state upon written notice to the Local Agency. 4. By UDOT, in the event that construction of the project for which this design engineering is undertaken is not started by the close of the fifth fiscal year following the fiscal year in which this agreement is executed. In the event of termination, the Local Agency shall pay all of UDOT's costs regardless of whether the Project is constructed. XVIII. Miscellaneous. 1. This Agreement cannot be altered or amended, except pursuant to an instrument in writing signed by each of the parties. 2. If any term or provision of this Agreement or application to any person or circumstance shall, to any extent, be invalid or unenforceable, then the remainder of this Agreement shall not be affected and each term, condition and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law, so long as removing the severed portion does not materially alter the overall intent of this Agreement. 3. The failure of a party to insist upon strict performance of any provisions of this Agreement shall be construed as a waiver for future purposes with respect to any such provision or portion. No provision of this Agreement shall be waived unless such waiver is in writing and signed by the party alleged to have waived its rights. 4. Each undersigned represents and warrants that each has been duly authorized for all necessary action, as appropriate, to execute this Agreement for and on behalf of the respective parties 5. The parties shall not, by this Agreement nor by any act of either party, be deemed principal and agent, limited or general partners, joint ventures or to have any other similar relationship to each other in the conduct of their entities. XIX. Content Review Language content was reviewed and approved by the Utah AG's office on March 20, 2013. 6of10 5-9 FDas5E169aff117313 Agenda GENERAL (FHWA) PROVISIONS FOR FEDERAL -AID AGREEMENT 1. General Provisions: The Grantee will comply with all Federal laws and requirements which are applicable to grant agreements, and imposed by the Federal Highway Administration (FHWA) concerning special requirements of law, program requirements, and other administrative requirements. 2. Modification: This agreement may be amended at any time by a written modification properly executed by both the FHWA and the Grantee. 3. Retention and Custodial for Records: (a) Financial records, supporting documents, statistical records, and all other records pertinent to this instrument shall be retained for a period of three (3) years, with the following exception: (1) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation claims, or audit findings involving the records have been resolved. (2) Records for non -expendable property, if any, required with Federal funds shall be retained for three years after its final disposition. (3) When records are transferred to or maintained by FHWA, the 3-year retention requirement is not applicable to the recipient. (b) The retention period starts from the date of the submission of the final expenditure report. (c) The Secretary of Transportation and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any pertinent books, documents, papers, and records of the recipient, and its contractors and subcontractors, to make audits, examinations, excerpts, and transcripts. 4. Equal Employment Opportunity: (a) The application/recipient agrees to incorporate in all contracts having a value of over $10,000, the provisions requiring compliance with Executive Order 11246, as amended, and implementing regulations of the United States Department of Labor at 41 CFR 60, the provisions of which, other than the standard EEO clause and applicable goals for employment of minorities and women, may be incorporated by reference. (b) The application/recipient agrees to ensure that its contractors and subcontractors, regardless of tier, awarding contracts and/or issuing purchase orders for material, supplies, or equipment over $10,000 in value will incorporate the required EEO provisions in such contracts and purchase orders. (c) The applicant/recipient further agrees that its own employment policies and practices will be without discrimination based on race, color, religion, sex, national origin, handicap or age; and that it has or will develop and submit to FHWA by August 1 an affirmative action plan consistent with the Uniform Guidelines on Employee Section Procedures, 29 CFR 1607, and the Affirmative Action Guidelines, 29 CFR 1608. 5. Copeland Act: All contracts in excess of $2,000 for construction or repair awarded by recipient and its contractors or subcontractors shall include a provision for compliance with the Copeland "Anti -Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, and person employed in the construction, completion, or repair of public work, or give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to FHWA. 6. Davis -Bacon Act: When required by the Federal program legislation, all construction contracts awarded by the recipient and its contractors or subcontractors of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR, Part 5). Under this act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the G/CAO. 7. Contract Work Hours and Safety Standards Act: Where applicable, all contracts awarded by recipient in excess of $2,500 that involve the employment of mechanics or laborers, shall include a provision for compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulation 29 CFR, Part 5). Under section 103 of the Act, each contractor shall be required to compute the wages or every mechanic and laborer on the basis of a standard workday of 8 hours and a standard workweek of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the workweek. Section 107 of the Act if applicable to construction work provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 8. Access to Records: All negotiated contracts (except those of $10,000 or less) awarded by recipients shall include a provision to the effect that the recipient, FHWA, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. 9. Civil Rights Act: The recipient shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and in accordance with Title VI of that Act, no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied that benefits of, or be otherwise subjected to discrimination under any program or activity for which the recipient received Federal financial assistance and shall immediately take any measures necessary to effectuate this Agreement. It shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) prohibiting employment discrimination where: (a) The primary purpose of and instrument is to provide employment, or (b) Discriminatory employment practices will result in unequal treatment of persons who are or should be benefitting from the grant -aided activity. 10. Nondiscrimination: The applicant/recipient hereby agrees that, as a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d), related nondiscrimination statutes, and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, handicap or age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the applicant/recipient receives Federal financial assistance. The specific requirements of the United States Department of Transportation standard Civil Rights assurances with regard to the States' highway safety programs (required by 49 CFR 21.7 and on file with the U.S. DOT) are incorporated in this grant agreement. 11. Rehabilitation Act: The recipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794, P.L. 93-112), and all requirements imposed by or pursuant to the regulations of the Department of Health, Education, and Welfare (45 CFR, Parts 80, 81, and 84 promulgated under the foregoing statute. It agrees that, in accordance with the foregoing requirements, no otherwise qualified handicapped person, 7of10 5-9 FPas5EMuff 1'223t3 Agenda by reason of handicap, shall be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, and that it shall take any measures necessary to effectuate this Agreement. 12. Government Rights (Unlimited): FHWA shall have unlimited rights for the benefit of the Government in all other work developed in the performance of this Agreement, including the right to use same on any other Government work without additional cost to FHWA. 13. Accountability of equipment acquired in prior years will be transferred to the current year Grant. An updated inventory list will be provided by FHWA. 14. This Grant is subject to the conditions specified in the enclosed Negotiation Document. 15. Drug -Free Workplace: By signing this agreement, the recipient certifies that it is in compliance with the Drug -Free Workplace Act (41 U.S.C. Sec. 701 et seq.) And implementing regulations (49 CFR Part 29), which require, in part, that grantees prohibit drug use in the workplace, notify the FHWA of employee convictions for violations of criminal drug laws occurring in the workplace, and take appropriate personnel action against a convicted employee or require the employee to participate in a drug abuse assistance program. 16. Limitation on Use of Federal Funds for Lobbying for Grants in Excess of $100,000: By signing this agreement the recipient declares that it is in compliance with 31 U.S.C. Sec. 1352, which prohibits the use of Federally appropriated funds to influence a Federal employee, officer, or Member of Congress in connection with the making or modification of any Federal grant, loan, contract, or cooperative agreement. Unless the payment of funds is otherwise reported to FHWA, signing this agreement constitutes a declaration that no funds, including funds not Federally appropriated, were used or agreed to be used to influence this grant. Recipients of subgrants in excess of $100,000 must make the same declarations to the grant recipient. With respect to the payment of funds not Federally appropriated by the recipient and sub-recipients,the recipient must report to the FHWA the name and address of each person paid or performing services for which payment is made, the amount paid, and the activity for which the person was paid. 50036.2-M-34b Form FHWA-1273 (Rev. 3-94) LOCAL AGENCY Utah Department of Transportation City of Moab Official By By Region Director Date Date Mayor David L. Sakrison UDOT Comptroller B y Comptroller's Office Date 8of10 5-9 FI°agE1313I cdf112313 Agenda ATTACHMENT A TO FEDERAL AID AGREEMENT NUMBER LIONS PARK TRAIL & TRANSIT HUB F-LC19(14) 1. UDOT will lease its property ("Leased Property") (See Exhibit A) to the City for use as Lions Park through a lease agreement separate from this document. Until such time as the lease agreement has been executed by the parties, UDOT will allow immediate access to the Leased Property for the construction of on and off -site Project related improvements required for the Project. Upon both parties signing this Agreement, the City has the right to enter and construct said project. Any construction shall be performed in strict compliance with plans prepared by the City and approved by UDOT. However, the City may not perform any work within the traveled portion of UDOT's right-of-way, block traffic or close lanes unless it obtains the appropriate permits from UDOT. The City will provide all documentation, drawings, exhibits, property descriptions, right -of way lines and other information requested by UDOT for preparation of the lease agreement. UDOT will prepare the lease agreement. Unless UDOT provides written permission otherwise, the project cannot be advertised until the lease agreement has been executed between UDOT and the City. 2. The City will design and construct Lions Park with an access point to SR-128. This access point will be constructed as shown in Exhibit A and is subject to UDOT approval in the final designed plan set. The lower portion of the park will be accessed via an access drive in materially the same location as it currently exists. UDOT will not require this access drive to be relocated as part of the construction of the Lions Park Project so long as the functionality and safety of SR-128 are not compromised. UDOT will review and approve the access drive as part of the final designed plan set prior to the project being advertised. 3. UDOT has identified the intersection of SR-128 and US-191 as a potential future widening project. The total right-of-way width required along SR-128 for the widening is 110 feet. The existing right-of- way half width of approximately 90 feet along US-191 must be preserved. The City's Project may not negatively impact or decrease these widths on US-191 and SR-128. UDOT will allow parking stalls inside its right-of-way along US-191 as shown in Exhibit A if the design allows for the removal of those parking stalls in a manner that is not detrimental to vehicle circulation and the City is willing to remove them at the City's cost if necessary for UDOT's road improvement projects as determined by UDOT. More comprehensive requirements for the site and parking lot design including control of pedestrian access will be detailed in the Lease Agreement. 4. The City, through its design, will allow and provide UDOT with a maintenance access for the Colorado River Bridges. These maintenance activities include, but are not limited to, work on all bridge elements, fencing, cut and fill slopes, barrier, and signing. The location and means of maintenance access shall be defined in the Lease Agreement. 9of10 5-9 Page 100 of 123 Agenda as c a) a) a Page 103 of 133 LPIOSECIII57M6.1DCCONIOSS77ES Consultant Services Federal Aid Agreement Review/Approval Routing Form STATE OF UTAH UTAH DEPARTMENT OF TRANSPORTATION ENGINEERING SERVICES Project No.: F-LC19(14) PIN Description: LIONS PARK TRAIL & TRANSIT HUB TODAY'S DATE PM REQUEST DATE FEDERAL AID 8/16/2013 8/16/2013 PIN No.: 9020 FINET Prog Code No.: 53371 UDOT Proiect Manaqer UDOT Contract Administrator Rustin Udot Anderson PO Box 300393 Glenwood, UT 84730 (435)979-4557 rustin@wcecengineers.com micha Michael R. Butler PO Box 148490 Salt Lake City Utah 84114-8490 (801)965-4419 elbutler@utah.gov Local Government City of Moab 217 E. CENTER Moab, UT 84532 Rebecca Andrus, (435) 259-4941 REBECCA@MOABCITY.ORG Proiect Value $1,829,592 Federal Match $1,463,674 Local Government Match $365,918 State Match $0 Please print five single sided copies and route for review/approval to the individuals listed below, using the contact information above. Please sign where appropriate on page #1 in the document before forwarding to the next individual on the list. Please route in the following order: Routing Sequence Date 1 Sent to Local Government 8/16/2013 2 Revie w/Approved Local Government 3 Revie w/Approved UDOT Reqion Director (c/o UDOT PM) 4 Con sultant Services 5 Sent to UDOT Comptroller 6 Revie w/Approved UDOT Comptroller 10 of 10 5-9 Page 134 of 123 Agenda MOAB CITY COUNCIL MEETING September so, 2013 Agenda Item #: 6-1 Title: Special Business Event License for the Moab Multicultural Center to Conduct a Market Located at 156 North and 100 West on September 14, 21, 28, October 5, 12, 19 and 26, 2013 Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder/Business Licensing Applicant: Moab Multicultural Center Background/Summary: You may recall that this License was approved for a limited number of dates, pending monitoring of the parking situation. City staff have not observed any parking problems. Staff Recommend approval subsequent dates for the event to be held September 14, 21, 28, October 5, 12, 19 and 26, 2013. There will be continued staff monitoring of the parking situation. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the license for the dates of September 14, 21, 28, October 5, 12, 19 and 26, 2013. Recommended Motions: "I move to approve the Special Business Event License for the Moab Multicultural Center to Conduct a Market Located at 156 North and 100 West on September 14, 21, 28, October 5, 12, 19 and 26, 2013.." Attachment(s): Application materials rn Page 105 of 133 Agenda DATE PAID: AMOUNT PAID: IP0 Q RECEIPT NO.: l C6715 I NAME OF EVENT: CITY of MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 258-5121 / FAX (435) 258-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB tiALL 1-Tht11/ DESCRIPTION OF EVENT: � d G{ ; q r } n Cdf» jy-- IA Zie I5(p N IoOW LOCATION OF EVENT: PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: 5 Q NUMBER OF VENDORS PARTICIPATING: SPECIAL EVENT FEE: $80.00 PLUS (CHECK ONE): 06 0 TRANSIENT ($80):^ OR CURRENT CITY OR I COUNTY LICENSE (ATTACH COPY) I�/ Qa TOTAL FEES: lU� LICENSE #: ZONE: TYPES OF VENDORS PARTICIPATING IN EVENT: —Pb v CI { C 1,6 1 Est I n5, i.eut) $ U. SLA Tad 5 EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): FPO 0 I) -ee 5 EVENT SPONSOR'S NAME: 1 vt Dao Va it eq M' u i -h &t L -,(/-� Cevt+e V PHONE: 2 �� Sciq SPONSOR'S ADDRESS: 15 (g N . I UO Y V , CITY: ! v1 (AO STATE: Li 7 ZIP: 8(IS 3 2 SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: % iir Z a — 5b17,1 7 D 3 7 DATE OF BIRTH: TYPE OF ORGANIZATION: 0 PROPRIETORSHIP ❑ PARTNERSHIP O CORPORATION ,t2GTHER (SPECIFY): R D tr)/ ❑ a I/D f i EVENT SPONSOR'S SALES TAX ID #: 11, rn FOY-t-Li NAME REGISTERED WITH THE STATE FOR TAX ID: � V M C � I 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 RAI ICT aF nrrr rRATFr v rn..n. �T•-- -- THE ISSUANCE OF A LICENSE WILL BE DELAYED i 7 INVE !"- �) I Cl =\l 1 � 'eth1�4 / / ' 4 V "1v HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTL' BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AN INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONL AND APPLICANJ PONSOR). INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah County of Grand SUBCRIBED AND NOTARY P Srpnature or sponsor ) ) SS SWORN to before me this 18 day of Skne. , 2.ka. Paq.a- ii.M.i"iardib lam ssl ... I JENNIE ROSS Notuy Public State of Utah Comm. No. 881521 My COMM Eons Dec 11, 2016dimiipmeriersomwsowelogiPmellelei � SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! ( 6- g/� I gliq f Page 106 of 123/Va 6 g121 , ‘112-q' 3101 s' /0 )12 1/7 I ra 9 �.� — Q .nes . rr1 ca C d a CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 DI s au Merit n a I FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: STIA4iNei ONLY 11001 9,aqb �b11 O YES O YES DATE: .(9). 1� No No NAME OF APPLICANT: E APPUCANT'S MAILING ADDRESS: 1 M 00'19 Va lie v ett if rat Ceigt 1135.2�tf' 5-1/-1 (-1 15u N . DO IA/. CITY: M 046 STATE: VI 1 ZIP: , q53 L BUSINESS NAME: M Doti° alley + M bil h a `%t ve d C-en 1� r BUSINESS LOCATION: Say' ve `"�G { . ok �� V ZONE: DETAILED DESCRIPTION OF BUSINESS ACTIVITY: weep, Mao/4 d d V7r1 n 111+41 (17.4)er C©lI-MA(411 i UV�� � �i�S t�On-) a ' ed� b 0-n - p of Cat Ll' � cut �� 5 � S � s-e � - � kors ) \If w IASe.e2 tionAJd JoP - aY Srk(- \lex Sot(, yu v d ev1czAkt,a le 61.; vJeic6-4e 0-r 6uA t 2.0vb (J� o6i� J Page 105 of 123 d a1 a - ).9 dYjj pAti re:;-2,J ) RO.21ki.p9d5 1 IrN\ /0 0] ') ) -1?,A0 \\IA li.›. -1099 Ojt) 4LI , ..x. f', „...., v .!.7. 1 p oli.co ., ..3, f---------.f1 at-?.;,.. .:'-'- i.,,, -___,--_,--_-__I ....,...,, . p-1- ) .(Q ....I... •-.....L.-5.,..____----- i• f ; - . Q - 6 3- D • -F il ..• '-`` .....•-1.•-..-,•L„:. ° C7' IL ...--"_ ''...--.-- - ; . 'kli4.Y1"..Z174445,:...1,:$..." o. f., [ r1, i d v1 . 1- ,pQ=. ...,3).- '! .. 01,—,...,..;-L Ai. tA ) 1 4 ,. . • - tE u g • --5.24t:;KIIT- 141\5 if,•• CO epue6v :-,-- e9 , x.Fr; ':-.:i.: • F.:-1 - -% - O i'.:Z...k.. '''''t1 ,•;:(T't :... • co .., ta':.,..., ,• r •) ,.::2._ .. . & , t ;It; ...i.'•; i-1-4., " gp .. ,. .i'. ''';. ''' '-fr:. . rr-, . ' .; .• *.it :,.1- .': - i -. S,1 • -., 31..... ..,,t ..i, '1.•:Er..i.t r. ',4.',. • - ;.."1 ?.* • i '` '''' \ „t" .../1"-ks4 -.°-?i_:,,!mpt•gt.sitr-s*: \ TLAt. xy31,./ \:" ll; rk.Nt.„ • o -7T -14. _ 1/4 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING September io, 2013 Agenda Item #: 6-2, 6-3, 6-4, 6-5, 6-6 / fu Title: Approval of Permits for Aaron McConnell/TransRockies US LP to Conduct the Moab Rocks Mountain Bike Stage Race and Social Fiscal Impact: This is a new event for our community and law enforcement and other city services will be needed to support this event. These costs have been estimated and staff recommends an event recovery fee in the amount of $474.00 for traffic control. The special event, park and beer permit fees provide revenue to the city, as does the sales tax generated by the purchase of goods and services by the participants of the event. Staff Presenter(s): Donna Metzler/Rachel Stenta Department: Administration ,..Applicant: Aaron McConnel/TransRockies US LP Background/Summary: Aaron McConnell/TransRockies US LP has submitted all of the required applications to hold the Moab Rocks Mountain Bike Stage Race and Social, utilizing Swanny City Park, the Moab Recreation and Aquatic Center and the City right-of-way. The applicant has coordinated with other local government entities as well as the Utah Department of Transportation and the Bureau of Land Management. The applicant has also submitted a comprehensive Proposal and Management Plan. Please note that several of the required/permits are contingent upon other approvals. The following approvals are needed: 1. Approval of a Special Business Event License 2. Approval of a Class IV Special Event Beer License 3. Approval of a Park Use Permit for Swanny City Park 4. Conditional Approval of a Park Alcohol Permit for Swanny City Park 5. Approval of Local Consent for a state -issued Special Event Beer Permit The City Special Events Committee has reviewed the applications for the required permits and licenses for the Aaron McConnell/TransRockies US LP. We have conferred with the coordinator for the event and are of the opinion that all issues have been or will be adequately dealt with. Approval of the Park Alcohol Permit should be 1 J Page 100 of 123 Agenda conditioned upon securing state approval of the Special Event Beer Permit and submitting said permit and documentation to the City. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommend approval of all items with the following conditions: 1. Event staff should coordinate with the Parks Superintendant on location of the Porta-potties. Porta-potties shall not be located on the grass. 2. All park fees need to be paid at least two weeks prior to the event. 3. Approval of the Park Alcohol Permit should be conditioned upon securing State of Utah approval of the Special Event Beer Permit and submitting said permit and documentation to the City. 4. Aaron McConnell/TransRockies US LP Inc. shall ensure that no official event organizer consumes alcohol in the approved beer gardens while acting under the auspices of the event. 5. Aaron McConnell/TransRockies US LP Inc., shall ensure that all areas where alcohol is consumed are at least ioo feet away from the Skate Park, the Aquatic Center building, and the delineated playground. 6. Aaron McConnell/TransRockies US LP Inc., shall facilitate pre -event coordination with city staff. Recommended Motion: "I move to approve (insert name of agenda item), subject to the six conditions outlined in the Agenda Summary for the Approval of Permits for Aaron McConnell/TransRockies US LP to conduct the Moab Rocks Mountain Bike Stage Race and Social" Attachment(s): Special Business Event License Application Class IV Special Event Beer License Application Application for the Special Use of City Parks Park Alcohol Permit Application Application for Local Consent for a Special Event Beer Permit Page 108 of 123 Agenda $80.00 DATE PAID: AMOUNT PAID: RECEIPT NO.: /6,0 oc f o l `7 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ® TRANSIENT ($80): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $80.00 160.00 NAME OF EVENT: Moab Rocks DESCRIPTION OF EVENT: Mountain Bike Stage Race and Social LOCATION OF EVENT: Swanny Park PREMISES TO BE USED: Swanny Park TEMPORARY STRUCTURES TO BE USED (IF ANY): Pop-up tents and canopies DATE(S) AND TIME(S) OF EVENT: October 11-13, 5-8 PM daily ANTICIPATED # OF EVENT PARTICIPANTS: 200 NUMBER OF VENDORS PARTICIPATING: 2-4 TYPES OF VENDORS PARTICIPATING IN EVENT: Bicycle and Parts Manufacturers, Moab Brewery EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): Race Entry fee $ 3 9 9 includes admission to social functions. Free for Public. EVENTSPONSORSNAME: Aaron McConnell, TransRockies US LP PHONE: 403-860-9884 SPONSORS ADDRESS: 14 4 0 5 West Col f ax Ave . #15 8 CITY: Lakewood STATE: CO ZIP: 80401 SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: N/A DATE OF BIRTH: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP CA PARTNERSHIP O CORPORATION OOTHER (SPECIFY): EVENT SPONSORS SALES TAX ID #: _ _ NAME REGISTERED WITH THE STATE FOR TAX ID: Tr ansRoc kies US Inc . 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. Uwe TransRockies US LP PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). I/VVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY A 9 Of 39 Sign ture of Sponsor Date State of Utah (--dc f c.;�)` -I County of Grand-- `t �LSS day of N ,,,.,SUBCIkIBED AND SWORNkt before me this 1 w�� , .. I\, 4 -t C.-� ,. y NOTARY PUBLIC __ My Comm. F4.1211312013 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 199 of 10 6-2 ,4 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS OF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: Participants: TransRockies US LP, Moab Brewery, Poison Spider Bicycles LICENSE APPROVALS CITY STAFF APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 6-2 0 Pale 12H ofr183 5 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: 0(1 .m Ada f"'C/QUwf - ) ❑ YES No ❑ YES DATE: I 1 `1) NAME OF APPLICANT: TransRockies US LP PHONE: 403-860-9884 APPLICANTS MAILING ADDRESS: 14405 W Colfax Ave #15(8TY: Lakewood STATE: CO ZIP: 80401 ..«_.. «. ...:-.1n�iv_'T.ax=+9Sva nMan.-emwFn.v!a.... ..,._..; +..:"•• "vRS.: Y BUSINESS NAME: Moab Rocks (Event) 1 BUSINESS LOCATION: Swanny Park f Gf ZONE: 1-- • SM I A G�( L. �l WT DETAILED DESCRIPTION OF BUSINESS ACTIVITY: Mountain Bike Stage Race and social gatherings at Swanny Park. I F i 6-2 Page 123,5 1 M. o, as )s c d a) Q City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: Aaron McConnell Name of Organization and Event if applicable: TransRockies US LP Address: 14405 West Colfax Ave #158, Lakewood, CO 80401 USA Day Phone: 403-860-9884 Email: aaron@transrockies.corn Proposed Park Usage Information Which park to you intend to use? Swanny Park. X Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date: Oct 11 Start Time: 5 PM am/pm End Time• 8 PM am/pm Proposed End Date: Oct 13 Start Time. 5 PM am/pm End Time. 8 PM am/pm Please specify what areas of the park are proposed for use• Bandshel l and surrounding lawns For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect. 15 0 Number of spectators that you expect: 50 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: (2) 10x10 tents, temporary fence Will amplification be required for your event? Yes X No Please specify any electrical needs for your event: (2) 15 amp circuits Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. Existing on -street parking, control not required for numbers If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. No street closures for Swanny Park activities. PLEASE COMPLETE OTHER SIDE Page 9 of 25 6-3 Page 124 of 133 Do you intend for the park to be open to the public during your event? Yes X No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes X No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: ID check for fenced beer garden For groups over 100 people, please describe your refuse control and recycling plan: Trash and Recycling bins placed throughout the venue, emptied daily. Please describe your clean-up plan during and after the event: Site cleaned up following each day's event, only fencing left overnight Please describe your restroom facility plan: On site restroom facilities adequate. Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: Daily prize raffle will raise funds for Moab Trail Mix to support local trail building and maintenance. Please specify and describe other community or city facilities that you plan to use: Aquatic Centre already booked for October 11 registration Have you applied for a Special Event Permit for this use? Yes X No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes X No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person• Date. Auq. 20, 2013 Public Works Review: Police Department Review: Administrative Review. Park Use Fee• Date Fee Paid: Date of City Council Approval: Insurance Received: Final Set up Diagram Received• Special Conditions or Requirements: Other Required Permits and Approvals 6-3 Page '10 of 25 Page 123 of 133 C d a1 a Swanny Park —a 400North Street Aquatic Center Playground 1 d 0 R Rat' roor�is • overed', Bandshet1 6 Covered Picnic Tables 3 Picnic Tables Access with ID Vendor Tents (10'x 10'each) Fenced Area (40' x 40') _k\\\\-1\\\\\\\\\\\-\\\\\ a ParkDrive Beer Tent 12 (10'x20') u a cn r i\ 100 50 0 100 200 N � SCALE 1" = 100' FEET 100 kl/est Street To Main St. One Block a 6-3 Page 126 of 133 DATE PAID: AMOUNT PAID: RECEIPT NO.: d1/4_ d/l 3 So" / 017 G "7 CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: ❑ CLASS II FEE: ❑ PRIVATE CLUB ❑ CLASS III FEE: ® CLASS IV FEE: LICENSE I$: $180.00 $180.00 $650.00 $80.00 $80.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: Aaron McConnell HOME PHONE: 403-208-8361 HOME ADDRESS: 34 Tua_c_any F, testes 'Drive CITY: Calgary STATE: AlbertdIP: T3L 2Z7 SOCIAL SECURITY NUMBER: NA (Canadian) DRIVER LICENSE NUMBER & STATE: DATE OF BIRTH: BUSINESS INFORMATION BUSINESS NAME: TransRockies US Inc. SALES TAX ID #: BUSINESS ADDRESS: 14405 west Colfax Ave .. I 511, BUSINESS PHONE: 4 0 3— 6 6 8— 7 5 3 7 BUSINESS MAILING ADDRESS: CITY: Lakewood STATE: CO ZIP: 80401 WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) 1. ❑ CLASS I ❑ CLASS II Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. ❑ PRIVATE CLUB Same conditions as Class I and Class II Beer Licenses. ❑ CLASS III M CLASS IV Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ NO ® YES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: Moab Brewing Company 6-4 *Beer application is for 3.2% by weight only. Also requires a State license. 09/2I/011. Page 125 of 133 Pant. 71 of �5 cc C d Q 3. Have you ever been convicted of any offense other than a minor traffic violation? 0 NO 11 YES (If yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class 1, 11, Private Club and Class IV. Class ill Applicants MUST contact the Moab City Police Department License Investigator aasoon as possible to be fingerprinted and photographed. A background check is also required. THE FOLLOWING |wnpECTow IS REQUIRED FOR ALL APPLICATIONS ExnspT CLASS K( PLEASE CALL AND SCHEDULE AN HEALTH INSPECTOR (435)250'5002 575Kane Creek Blvd DATE o+INSPECTION APPROVED 0DISAPPROVED C3 G/ewmnns MOABCITY COUNCIL AGENDA DATE: C3APPnOVso C3D/exppmovso SPECIAL CONDITIONS: Page126 of133 ����?-1' 6-4 Swanny Park 400Norfh Street '11 G 3 Covered Picnic Tables I Aquatic Center L • Outdoor - Swimr'nin'g Rest- `rooms �J Playground ParkDri1/e b G .overed': Bandsheil 6 Covered Picnic Tables 3 Picnic Tables Access - - with ID p� ! Fenced Area (40' x 40') Beer Tent (10'x 20') 3 Picnic Tables 1 100 50 0 100 200 N SCALE 1" = 100' FEET 100 GYest Street To Main St. One Block • 6-4 Page 129 of 133 1"-.: °S,RR 9A* d Q ETAI EER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. P(OVvv.e. 614 Aiel`fq. JTnTG /1C 1TA1 1 COUNTY OF #;€4%.6_ SS 1 Applicant's Signature A2f6 r �L_on ne_lt ' , being first duly sworn, on his/her oath deposes and says: That he/si:Vs the applicant above named; that he /sizt%hps read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this day of Atstis.r , . Notary Public LINDA ROSALLE ROE, Notary Public My Appointment Expires on the 31st day of December, 20 /$' 6-4 Papr 136 ofof 7.�i 123 ana 7� d a) a CLASS IV SPECIAL EVENT BEER LICENSE UPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: Mountain Bike Social and awards ceremony. October 11-13, 5PM - 8PM daily. Swanny City Park. 2. Please provide a floor plan or detailed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; Please state the purpose of the association or entity conducting the event: To promote outdoor recreation and sports tourism by creating distinctive outdoor events which challenge participants and also create opportunites for social and community enrichment. 4. I Aaron McConnell hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on Oct 11-13 , starting at 5 PM, and located at Swanny City Park for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: Af.,6100 csz-- o-E' 16 /fa\ C 6,y4• ) SS COUNTY OF ) SUBSCRIBED AND SWORN TO BEFORE ME BY R THIS y DAY OF )0(ort �1 , Jo/3 . C DATE: / AI , g/ za d (J tonne l� ON NOTARY PUBLIC LINDA ROSALIE ROE, Notary Publ=- My Appointment Expires on the 31 st day of December, 20 f - Page 139 of 123 Panes 74, of 75 SINGLE EVENT PER T Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission to issue an event permit to an organization for the purposes of storage, sale, offer for sale, furnish, or allow the consumption of an alcoholic product on the event premises AUTHORITY: Utah Code 32B-9-201 City of Moab , [X] City [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a single event permit license to: Applicant Entity/Organization: TransRockies US LP Event location address: 10 OW 40 ON Moab UT On the 11-13 dates street city state yip day(s) of October month , 2013 year during the hours of 5 PM - 8 PM , pursuant to the provision of Utah Code 32B-9. defined hours from— to Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408 Single Event Local Consent (02/2012) 6-5 Page 120 of 123 d a1 a CVT)Y Q torm Will MOAB City of Moab Park Alcohol Permit Application and Checklist A Park Alcohol Permit may be granted if the City Recorder certifies that the applicant meets the conditions on the following checklist. The Applicant should complete the information on this form and submit the form along with the Park Use Application and the Special Business Event License Application. Applicant is responsible to abide by all applicable terms and conditions of this permit and all other required permits and approvals. Upon successful completion of all items on this checklist, the City Recorder will certify completion and issue the permit. PLEASE PRINT Applicant Information Name of Person Responsible for Use of Park: Aaron McConnell Name of Organization and Event if applicable: TransRockies US LP Address: 14405 West Col fax AVP. #1 58, Lakewood, co 80401 Day Phone: 403-668-7537 Email: aaron@transrockies.com Date(s) of Event: October 11-13, 2013 Park Alcohol Permit Checklist (for internal use only) I certify that the event sponsor has completed all of the following approvals and is hereby issued a Park Alcohol Permit: Event Sponsor has obtained approval for a State of Utah Single Alcohol Permit or Temporary Special Event Beer Permit (applicable permit is attached) Event Sponsor has obtained approval for all applicable City of Moab alcohol licenses. Event Sponsor has obtained approval for City of Moab Special Event License for the event. Event Sponsor has obtained approval for a City of Moab Park Use Permit for the event. City Recorder's Signature Date 6-6 Paige n1 of 183 a2�fl of �F c� c d Q