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CITY OF MOAB Moab City Council June 12, 2018 Pre -Council Workshop 6: oo P.M. REGULAR COUNCIL MEETING 7: oo P.M. Moab City Council Chambers City Center (aid East Center Street) Page 1 of 104 Page 2 of 104 CITY OF MoAg City Council Regular Council Meeting City Council Chambers Tuesday, June 12, 2018 at 6:oo p.m. 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org 6:oo p.m. PRE -COUNCIL WORKSHOP ■ Briefing on Utah State University Moab Campus Project 7:oo p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 May 22, 2018 SECTION 2: MAYOR AND COUNCIL REPORTS SECTION 3: ADMINISTRATIVE REPORTS SECTION 4: PRESENTATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for May 2018 for Helen M. Knight Elementary School SECTION 5: CITIZENS TO BE HEARD SECTION 6: PUBLIC HEARING (Approximately 7:15 p.m.) 6-1 Public Input on Proposed Ordinance #2018-11— An Ordinance Adopting the City of Moab Pay Plan Schedule and Adopting the Exempt and Elected Officials Salaries for Fiscal Year 2018-2019 SECTION 7: SPECIAL EVENTS/VENDORS/BEER LICENSES 7-1 Granting of Local Consent for a Bar License for Moab Brewers, LLC, d.b.a. Moab Brewery located at 686 South Main Street Page 3 of 104 7-2 Approval of a Class III Beer License for Sun TRS Moab Valley LLC, d.b.a. Moab Valley R. V. Resort & Campground located at 1773 North Highway 191 7-3 Approval of a Class III Beer License for Sun TRS Canyonlands LLC, d.b.a. Canyonlands R.V. Resort & Campground located at 555 South Main Street 7-4 Approval of a Private Property Vendor License for Phantom Fireworks Eastern Region, LLC, located at 817 South Main Street for a term of June 15 to July 31, 2018 SECTION 8: OLD BUSINESS 8-1 Approval of Proposed Resolution #27-2018 — A Resolution Amending Rules of Procedure for City Council Meetings and Hearings 8-2 Review and Possible Approval of a Settlement in the McElhany v. City of Moab Case, including possible approval of a Conditional Use Permit for a Bed and Breakfast Facility at 10o Arches Drive SECTION 9: NEW BUSINESS 9-1 Approval of Proposed Ordinance #2018-13 — An Ordinance Imposing a Temporary Ban on the Discharge of Fireworks within the City 9-2 Presentation of the Trust Accountability Program (TAP) Award by Utah Local Governments Trust 9-3 Approval of Proposed Resolution #28-2018 — A Resolution designating depositories for Moab City Financial Accounts 9-4 Discusion of Proposed Ordinance #2018-14 — An Ordinance Updating Outdoor Lighting Requirements for Development within the Moab City Limits 9-5 Consideration to Approve Procurement Contracts with Landmark Design and GSBS for Planning Services to create Small Scale Plans and Provide Other Planning Services as Required 9-6 Discussion and Possible Action Regarding the Appointment of Moab City Councilmembers to the Grand County Emergency Medical Services Special Services District and the Museum of Moab Advisory Board SECTION io: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 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 4 of 104 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING MAY 22, 2018 Regular Meeting: The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre -Council Workshop: Mayor Pro-Tem Tawny Knuteson-Boyd called the workshop to order at 6:16 PM. The workshop began with an update on the Downtown Plan. Ben Levenger of Avenue Consultants and Jeffrey Siegler of Downtown Redevelopment Services made a brief presentation introducing preliminary findings from a community survey to inform the Downtown Plan. They also presented initial proposals for various elements of the Plan. Of note, it was reported that citizen feedback favors parking on Main Street, a highway bypass of downtown, keeping bikes out of traffic on Main Street, and a maximum preferred walking distance from parking to a destination of no more than one -eighth mile or one block total distance. Congestion and parking were reported to be concerns, and a desire for transit services downtown. Levenger and Siegler presented information about building facades, uniform signage, benches, and vegetation, including a planted median on Main Street from 100 North to 100 South. Regarding a bypass, it was reported that 35 to 45 percent of traffic on Main Street would be rerouted. It was also stated that citizen interest in left -turn signals on Main Street was relayed to the Utah Department of Highways (UDOT) by the consultants, and the reported response was that UDOT considers left -turn signals to be a cause of further congestion and decreased pedestrian safety. The consultants further explained a plan to enhance bike lanes downtown and to introduce back -in angled parking on bike routes and an explanation of curb bulb -outs and the prospect of a pedestrian promenade or walking street. They announced a public open house for the following evening. The workshop continued with a presentation and update on the Grand County Solid Waste Special Service District by Deb Barton. Barton introduced the new mission statement of the District and noted the goal of zero waste. Barton also addressed wind-blown litter issues and stated there is an effort to install a litter fence at the Klondike landfill. She noted a lack of personnel and unfilled positions, and reported on increased incidents of trash being left at the recycle center. Barton mentioned a rise in fees for disposal and explained the need for new pricing. She went on to explain concerns about chaos in the international recycle market. She added there is a large increase in solid waste and she speculated it was possibly due to tourism and cited biosolids, restaurant grease and household waste in particular, and noted increased cardboard at the recycle center. She said 35 to 40 percent of Moab's waste stream is recyclable. She remarked there is no waste to energy capability in Utah at this time. In response to a question from Councilmember Derasary regarding educating tourists about recycling, Barton suggested a "Don't vacation from recycling" campaign or a ban on plastic bags or water bottles. Derasary also asked about tipping fees and Barton replied that tipping fees will rise and spoke of her personal opinion that the public should be educated about the need to pay for recycling. She went on to explain the Solid Waste District stance is to get commercial users to pay for cardboard recycling. Regular Meeting Called to Order & Attendance: Mayor Pro-Tem Knuteson-Boyd called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. In attendance were Councilmembers Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd, Karen Guzman -Newton and Kalen Jones. Mayor Emily Niehaus was not present. Also in Page 1 of 4 May 22, 2018 Page 5 of 104 1-1 Minutes attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Police Chief Jim Winder, City Planner Jeff Reinhart, Development Services Manager Sommar Johnson, Parks, Recreation and Trails Director Tif Miller, Moab Arts and Recreation Center Director Meg Stewart, City Engineer Chuck Williams, Records Specialist Eve Tallman and City Treasurer Jennie Ross. Twelve members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve the minutes of the May 8, 11, and 14 2018 meetings. Councilmember Guzman -Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Council Reports: Councilmember Knuteson-Boyd reported on an Envision Utah session she attended. Councilmember Duncan reported on a meeting of the Grand County Water Conservancy District and noted that the area is in a serious drought. Councilmember Derasary reported on a People's Energy Summit event in Salt Lake City that included a workshop about permaculture. She mentioned a new round of ArtTrails sculptures and noted she also attended the Envision Utah session. She announced an upcoming presentation about proposed future site uses for the Uranium Mill Tailings Remediation Act (UMTRA) location. Councilmember Jones reported on the recycling workshop and solid waste meeting he had attended. Councilmember Guzman -Newton reported on the school board meeting and a project involving the Youth Garden Project providing food for the high school cafeteria. She also reported on an economic development meeting, the recent tour of the Multicultural Center, and a Moab transit study meeting, and announced the work of the Airport art committee in preparation for the June 2 grand opening of the improvements at the airport. Administrative Reports: City Manager Everitt invited Chief Winder to review the recent Rally on the Rocks all -terrain vehicle event with councilmembers. Winder recognized citizen concerns about the event and reported there was very little impact on City law enforcement officers. He reported there were some citations and impounds. He noted Grand County Sheriff Deputy Curt Brewer handled the police escorts of vehicles and commented he felt the event was well -managed. Discussion followed about congestion on 500 West and Winder acknowledged 45 minute delays on northbound 191. City Manager Everitt reported on tree replacements on 100 South. He stated he attended a Utah Municipal Transit meeting. He announced job openings for Assistant City Manager and the Senior Project Manager for Housing. He also mentioned the UMTRA site futures meeting and reported that code enforcement is stepping up regarding property clean-up issues, non -permitted work on properties and grease traps at restaurants. Councilmember Guzman -Newton asked Everitt to explain the process for code compliance issues to the audience. Councilmember Derasary asked about how the community might decide whether to have a Community Clean-up Day and Everitt mentioned this is being discussed for the upcoming Waste Hauling Request for Proposals (RFP). He clarified any clean-up day as part of the waste hauling contract would not be until winter and the RFP would be publicized in September. Student of the Month: Kaytlin Rhoades of the Moab Charter School was awarded the Mayor's Student Citizenship of the Month Award for May, 2018 by Mayor Pro-Tem Knuteson-Boyd. Page 2 of 4 May 22, 2018 Page 6 of 104 1-1 Minutes Citizens to be Heard: There were no citizens to be heard. SPECIAL EVENTS/VENDORS/BEER LICENSES: Canyonlands Natural History Association —Approved Motion and Vote: Councilmember Jones moved to approve a request by the Canyonlands Natural History Association for an Amplified Music Event at Old City Park on June 28, 2018. Councilmember Guzman -Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Red Rock Arts Festival —Approved Motion and Vote: Councilmember Derasary moved to approve licenses and grant local consent for Red Rock Arts Festival — October 6 to 13, 2018 at the Moab Arts and Recreation Center. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Old Business: (1:13 on recording) Fiscal Year 2018-2019 Budget —Approved Motion and Discussion: Councilmember Jones moved to approve Proposed Resolution #23-2018 — A Resolution Adopting the Fiscal Year 2018-2019 Annual Budget for the City of Moab. Councilmember Derasary seconded the motion. Councilmembers asked questions about funding a shooting range for law enforcement officers, the Drug Abuse Resistance Education (DARE) program, the Drug Task Force, the north -end bike path, and the set -aside fund for Utah State University's campus. Vote: The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Sewer Impact Fee —Approved Motion and Vote: Councilmember Jones moved to approve Proposed Ordinance #2018-08 — An Ordinance Amending Chapter 13.25 of the Moab Municipal Code with a Schedule Adjustment for the Sewer Impact Fee. Councilmember Guzman -Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. New Business: (1:27 on recording) Pay and Salaries Public Hearing —Approved Motion and Discussion: Councilmember Jones moved to send Proposed Ordinance #2018-11— An Ordinance Adopting the City of Moab Pay Plan Schedule and Adopting the Exempt and Elected Officials Salaries for Fiscal Year 2018-2019 to Public Hearing on June 12, 2018 at 7:15 p.m. Councilmember Guzman -Newton seconded the motion. City Recorder/Assistant City Manager Stenta presented an overview of the pay plan schedule including a comparison between the former step -and -grade system and the Pay for Performance plan. Stenta answered Councilmember questions regarding mid -range pay, Cost of Living adjustments (COLA) not related to the pay plan, and longevity pay. City Manager Everitt clarified that the elected officials would be included in the recent COLA and introduced the concept of a phased approach to increasing pay for elected officials over time. Vote: The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Accounts to be written off —Approved Motion and Vote: Councilmember Guzman -Newton moved to approve Proposed Resolution #24-2018 — A Resolution of the Governing Body of the City of Moab Authorizing Delinquent, Terminated Utility Page 3 of 4 May 22, 2018 Page 7 of 104 1-1 Minutes Accounts to be written off of the Accounting System. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman - Newton voting aye. New Lodging Uses —Approved (1:41 on recording) Discussion: City Attorney McAnany made a brief presentation about the proposed Ordinance 2018-12 which as eventually considered as a Resolution and not an Ordinance. McAnany explained the desire for a temporary moratorium on land use applications for no more than six months in order to prepare an Assured Housing Policy requirement for new applications for lodging to provide employee housing or to pay a fee in lieu of housing for employees. Councilmember Derasary read a prepare statement that covered the legislative history surrounding the topic and presented data regarding local economic factors and the documented need for 316 new affordable housing units by 2020. She mentioned that more than fifty-five percent of all jobs in Moab are tourism -related. She also touched on major increases in local housing prices without a corresponding increase in local wages resulting in a dearth of affordable housing for sale or rent. After questions from Councilmembers regarding legal implications of an Ordinance versus a Resolution, which were answered by McAnany, accompanied by comments from City Planner Reinhart regarding vested applicants, processing applications during a moratorium and the Assured Housing Policy process, Councilmember Jones noted that it is no secret that new lodging construction has been a cause of concern with regard to workforce housing. Councilmember Knuteson- Boyd stated her concern that the legislation would single out one element of the private sector. Motion and Vote: Councilmember Duncan moved to approve Proposed Resolution #26-2018—A Resolution Enacting a Temporary Land Use Regulation with Respect to New Lodging Uses Pending Completion of an Assured Housing Study and Ordinance. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Professional Offices in the 1-1lndustrial Zone —Approved Discussion: City Planner Reinhart made a brief presentation regarding the proposed introduction of professional offices into the Industrial (1-1) zone. Motion and Vote: Councilmember Guzman -Newton moved to approve Proposed Ordinance #2018-10 — An Ordinance Amending Moab Municipal Code Chapter 17.36.020 Use Requirements, to include the use of Professional Offices in the 1-1 Industrial Zone. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman - Newton voting aye. Approval of Bills Against the City of Moab: Councilmember Guzman -Newton moved to pay the bills against the City of Moab in the amount of $1,065,988.69. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Adjournment: Councilmember Derasary moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Mayor Pro-Tem Knuteson-Boyd adjourned the meeting at 8:55 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 4 of 4 May 22, 2018 Page 8 of 104 1-1 Minutes Moab City Council Agenda Item Meeting Date: May 22, 2018 Title: Public Hearing on Proposed Ordinance #2018-11 — Adopting the Pay Plan Schedule and Appointed/Exempt and Elected Salaries Date Submitted: June 8, 2018 Presenters: Rachel Stenta Attachment(s): - Proposed Ordinance #2018-11 - Attachment A: Proposed FY 2018-19 Pay Plan including a 3% Cost of Living Adjustment (COLA) - Attachment B: Exempt and Elected Salaries Background/Summary: This is the next procedural step to meet the requirement that compensation ranges be adopted annually by Ordinance after a Public Hearing. Attached are the pay ranges for fiscal year 2018-2019. These ranges have been adjusted by a 3% Cost of Living Adjustment (COLA) as a result of the last budget workshop. Please let me know if you have any questions. 1 Page 9 of 104 6-1 Public Hearing ORDINANCE NO.2018-11 AN ORDINANCE ADOPTING THE CITY OF MOAB PAY PLAN SCHEDULE AND ADOPTING THE EXEMPT AND ELECTED OFFICIALS SALARIES FOR FISCAL YEAR 2018-2019 WHEREAS, the Moab City Personnel Policies and Procedures Manual allows that pay ranges may be adjusted periodically for comparable work in other municipalities; and WHEREAS, the Moab City Personnel, Policies and Procedures Manual calls for annual surveys of salaries; and WHEREAS, in 2016 the City conducted a comprehensive salary survey through the utilization of Personnel Systems Inc. and has presented the survey results to the Governing Body; and WHEREAS, positions within the City are rated and ranked according to four factors: Job Knowledge, Responsibility, Difficulty and Work Environment and salaries are calculated based on those ratings and rankings and incorporated into the pay plan schedule; and WHEREAS, the proposed "City of Moab 2018-19 Proposed Pay Plan" is attached to this ordinance as Attachment A, respectively; and WHEREAS, the proposed "Exempt and Elected Officials Salaries" is attached to this ordinance as Attachment B, respectively; and WHEREAS, Moab Municipal Code Section 2.44.010 states that all salaries of the elective and appointive officers of the City and the other employees of the City shall be fixed by motion or resolution of the City Council as in accordance with existing law. NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO ADOPT The City of Moab 2018-19 Proposed Pay Plan (Attachment A) and the Exempt and Elected Officials Salaries (Attachment B) as referred herein. DATED this 26th day of June 2018. SIGNED: Emily S. Niehaus Mayor ATTEST: Rachel E. Stenta City Recorder Ordinance #2018-11 June 26, 2018 Page 10 of 104 6-1 Public Hearing CITY OF CITY OF M0AB UTA H "�AB UTAH Hourly Pay Rates Pay Range JOB TITLE Minimum Midpoint Maximum ADMIN ASSISTANT - AQUATIC $16.72 $20.90 $25.07 ADMINISTRATIVE ASSISTANT I $18.76 $23.45 $28.13 ADMINISTRATIVE ASSISTANT II $20.57 $25.71 $30.85 ADMINISTRATIVE ASSISTANT - P&E $18.33 $22.92 $27.50 ADMINISTRATIVE ASSISTANT - POLICE $17.53 $21.91 _ $26.29 ADMINISTRATIVE ASSISTANT - PUBLIC WORKS $18.47 $23.09 $27.71 ANIMAL CONTROL OFFICER I $17.33 $21.66 $25.99 ANIMAL CONTROL OFFICER II $20.16 $25.20 $30.24 ANIMAL CONTROL SUPERVISOR $21.13 $26.42 $31.70 ANIMAL SHELTER MANAGER $21.96 $27.45 $32.94 AQUATIC CENTER MANAGER $26.92 $33.65 $40.37 AQUATIC MANAGER $22.44 $28.05 $33.66 AQUATICS ASSISTANT MANAGER $19.14 $23.92 _ _ $28.71 ARTS AND SPECIAL EVENTS ASSISTANT $18.68 $23.35 $28.03 ARTS/SPECIAL EVENTS MANAGER $22.88 $28.60 $34.32 ASSISTANT CITY ENGINEER $22.22 $27.78 $33.33 ASSISTANT CITY MANAGER $43.08 $53.84 $64.61 ASSISTANT CITY PLANNER $20.95 $26.18 $31.42 ASSISTANT POLICE CHIEF $30.10 $37.63 $45.15 CITY ENGINEER $39.59 $49.49 $59.38 CITY MANAGER* $57.91 $72.39 $86.87 CITY PLANNER $29.51 $36.88 $44.26 CITY RECORDER/ASSISTANT CITY MANAGER $45.89 $57.36 $68.83 CITY TREASURER $23.35 $29.18 $35.02 CODE COMPLIANCE SPECIALIST $18.54 $23.18 $27.82 COMMUNICATION AND ENGAGEMENT DIRECTOR $28.92 $36.15 $43.38 CONSTRUCTION INSPECTOR $21.65 $27.06 $32.47 DEPUTY RECORDER I $18.93 $23.67 $28.40 DEPUTY RECORDER II $19.92 $24.90 $29.88 DEPUTY TREASURER $19.49 $24.37 $29.24 DEVELOPMENT SERVICES COORDINATOR $26.15 $32.69 $39.23 EXECUTIVE ADMINISTRATIVE ASSISTANT $19.89 $24.86 $A29.83 rf 04 Monthly Pay Rates Pay Range Minimum Midpoint Maximum $2,898 $3,622 $4,346 $3,251 $4,064 $4,877 $3,565 $4,456 $5,347 _ $3,178 $3,972 $4,766 $3,038 $3,798 $4,558 $3,202 $4,003 $4,803 $3,003 $3,754 $4,505 $3,495 $4,369 $5,242 $3,663 $4,579 $5,495 $3,807 $4,758 $5,710 $4,665 $5,832 $6,998 $3,889 $4,862 $5,834 $3,317 $4,147 $4,976 $3,238 $4,048 $4,858 $3,966 $4,958 $5,949 $3,852 $4,815 $5,778 $7,466 $9,333 $11,200 $3,631 $4,539 $5,446 $5,218 $6,522 $7,827 _ $6,862 $8,578 $10,293 $10,038 $12,548 $15,057 $5,115 $6,393 $7,672 $7,954 $9,942 $11,931 _ $4,046 $5,058 $6,070 $3,214 $4,018 $4,821 $5,012 $6,266 $7,519 $3,752 $4,690 $5,629 _ $3,282 $4,102 $4,923 $3,453 $4,316 $5,180 $3,379 $4,223 $5,068 $4,533 $5,666 $6,799 $3,447 $4,309 $5,171 Annual Pay Rates Pay Range Minimum Midpoint Maximum $34,771 $43,463 $52,156 $39,013 $48,766 $58,519 $42,779 $53,474 $64,169 $47,664 $57,197 _$38,131 $36,461 $45,576 $54,692 $38,425 $48,031 $57,637 $36,038 $45,047 $54,057 $41,939 $52,424 $62,908 $43,958 $54,948 $65,937 $45,680 $57,100 $68,520 $55,986 $69,982 $83,979 $46,672 $58,340 $70,009 $39,809 $49,762 $59,714 $38,862 $48,577 $58,293 $47,595 $59,494 $71,392 $46,221 $57,776 $69,332 $89,597 $111,996 $134,395 $43,572 $54,465 $65,357 $62,613 $78,267 $93,920 $82,345 $102,931 $123,517 $120,456 $150,570 $180,684 $61,375 $76,719 $92,062 $95,448 $119,310 $143,172 $48,558 $60,697 $72,837 $38,570 $48,213 $57,855 $60,149 $75,186 $90,224 $45,028 $56,285 $67,542 $39,381 $49,226 $59,072 $41,436 $51,796 $62,155 $40,544 $50,680 $60,816 $54,396 $67,995 $81,594 $41,369 $51,711 $62,053 Contract employees not tied to ranges CITY OF 110h^91,1, City of Moab Proposed Pay Plan 20 = 9 (3% COLA) CITY OF MOAB UTAH Hourly Pay Rates Pay Range JOB TITLE Minimum Midpoint Maximum FACILITIES MECHANICAL TECHNICIAN $19.16 $23.94 $28.73 FILM COMMISSION ASSISTANT $18.04 $22.55 $27.06 FILM COMMISSION COORDINATOR $24.83 $31.03 $37.24 HUMAN RESOURCE MANAGER $33.75 $42.18 $50.62 LIFEGUARD $17.32 $21.65 $25.98 MARC ADMINISTRATIVE ASSISTANT $17.85 $22.32 $26.78 PARKS SERVICE WORKER I $17.54 $21.92 $26.31 PARKS SERVICE WORKER II $18.05 $22.56 $27.07 PARKS SERVICE WORKER III $18.79 $23.49 $28.19 PARKS SUPERINTENDENT $26.14 $32.67 $39.21 PARKS/RECREATION/TRAILS DIRECTOR $34.63 $43.29 $51.95 POLICE CHIEF` $43.67 $54.58 $65.50 POLICE OFFICER I $20.86 $26.07 $31.29 POLICE OFFICER II $21.48 $26.85 $32.22 POLICE OFFICER II/DRUG ENFORCEMENT $21.48 $26.85 $32.22 POLICE OFFICER III $22.37 $27.96 $33.55 POLICE OFFICER III/DRUG ENFORCEMENT $22.37 $27.96 $33.55 PUBLIC FACILITIES SERVICE WORKER I/CUSTODIAN $16.40 $20.50 $24.60 PUBLIC FACILITIES SUPERINTENDENT $25.22 $31.52 $37.83 PUBLIC FACILITIES WORKER II $16.67 $20.83 $25.00 PUBLIC FACILITIES WORKER III $17.89 $22.37 $26.84 PUBLIC WORKS DIRECTOR $38.16 $47.69 $57.23 RECORD/PROJECT SPECIALIST $19.60 $24.50 $29.41 SAFETY SPECIALIST $20.41 $25.51 $30.61 SENIOR PROJECTS MANAGER $23.00 $28.75 $34.50 SERGEANT $25.74 $32.18 $38.61 SEWER DIVISION SUPERINTENDENT $27.28 $34.10 $40.92 SEWER SERVICE WORKER I $18.37 $22.96 $27.55 SEWER SERVICE WORKER II/CDL $19.40 $24.25 _ $29.10 SEWER SERVICE WORKER III/CDL $21.66 $27.08 $32.49 SPORTS/RECREATION ASSISTANT $20.59 $25.74 $30.88 SPORTS/RECREATION MANAGER $25.12 $31.40 i j$,FA§ ,,f 04 Monthly Pay Rates Pay Range Minimum Midpoint Maximum $3,320 $4,150 $4,980 $3,127 $3,909 $4,690 $4,303 $5,379 $6,455 _ $7,312 $8,774 _$5,849 $3,002 $3,752 $4,503 $3,095 $3,869 $4,642 $3,040 $3,800 $4,560 $3,128 $3,910 $4,692 $3,258 $4,072 $4,886 $4,531 $5,663 $6,796 $6,003 $7,504 $9,005 $7,569 $9,461 $11,353 $3,615 $4,519 $5,423 $3,723 $4,654 $5,584 $3,723 $4,654 $5,584 $3,877 $4,847 $5,816 $3,877 $4,847 $5,816 $2,842 $3,553 $4,263 $4,371 $5,464 $6,556 _ $2,889 $3,611 $4,333 $3,101 $3,877 $4,652 $6,614 $8,267 $9,920 $3,398 $4,247 $5,097 _ $3,537 $4,422 $5,306 $3,986 $4,983 $5,979 $4,462 $5,578 $6,693 $4,728 $5,910 $7,092 _ $3,184 $3,980 $4,776 $3,363 $4,204 $5,044 $3,754 $4,693 $5,632 $3,569 $4,461 $5,353 $4,354 $5,442 $6,530 Annual Pay Rates Pay Range I Minimum Midpoint Maximum $39,843 $49,804 $59,765 $37,524 $46,905 $56,286 $51,640 $64,551 $77,461 $87,739 $105,286 _$70,191 $36,022 $45,028 $54,033 $37,138 $46,423 $55,708 $36,483 $45,604 $54,724 $37,539 $46,924 $56,308 $39,092 $48,865 $58,638 $54,367 $67,959 $81,551 $72,041 $90,051 $108,061 $90,827 $113,534 $136,241 $43,384 $54,230 $65,076 $44,675 $55,843 $67,012 $44,675 $55,843 $67,012 $46,529 $58,162 $69,794 $46,529 $58,162 $69,794 $34,105 $42,632 $51,158 $52,452 $65,564 $78,677 $34,664 $43,331 $51,997 $37,218 $46,522 $55,827 $79,362 $99,203 $119,044 $40,776 $50,969 $61,163 $42,449 $53,061 $63,673 $47,835 $59,794 $71,753 $53,544 $66,930 $80,316 $56,736 $70,920 $85,104 $38,206 $47,757 $57,309 $40,354 $50,443 $60,532 $45,053 $56,316 $67,580 $42,824 $53,530 $64,236 $52,244 $65,305 $78,366 Contract employees not tied to ranges CITY OF 110h^91,1, City of Moab Proposed Pay Plan 2018-19 (3% COLA) CITY OF MOAB UTAH Hourly Pay Rates Pay Range JOB TITLE Minimum Midpoint Maximum STREETS SERVICE WORKER I $17.82 $22.28 $26.74 STREETS SERVICE WORKER II/CDL $18.39 $22.99 $27.58 STREETS SERVICE WORKER II/MECHANIC $19.40 $24.24 $29.09 SERVICE WORKER III/CDL $20.07 $25.09 $30.11 _STREETS STREETS SERVICE WORKER III/MECHANIC $22.60 $28.25 $33.90 STREETS SUPERINTENDENT $26.55 $33.19 $39.83 SUSTAINABILITY DIRECTOR $29.65 $37.06 $44.47 WATER DIVISION SUPERINTENDENT $27.56 $34.45 $41.34 WATER SERVICE WORKER I $18.37 $22.96 $27.55 WATER SERVICE WORKER I/METER READER $18.43 $23.04 $27.65 WATER SERVICE WORKER II/CDL $19.40 $24.25 $29.10 SERVICE WORKER III/CDL $21.66 $27.08 $32.49 _WATER WATER/SEWER SERVICE WORKER II/WWTP $19.53 $24.41 $29.29 WWTP OPERATOR/SUPERINTENDENT $28.43 $35.54 $42.65 Monthly Pay Rates Pay Range Minimum Midpoint Maximum $3,090 $3,862 $4,634 $3,187 $3,984 $4,781 $3,362 $4,202 $5,043 $3,479 $4,349 $5,219 $3,918 $4,897 $5,876 $4,602 $5,753 $6,904 $5,139 $6,424 $7,709 $4,777 $5,971 $7,165 $3,184 $3,980 $4,776 $3,195 $3,994 $4,793 $3,363 $4,204 $5,044 $3,754 $4,693 $5,632 $3,385 $4,231 $5,078 $4,929 $6,161 $7,393 Annual Pay Rates Pay Range I Minimum Midpoint Maximum $37,075 $46,344 $55,613 $38,248 $47,810 $57,372 $40,343 $50,429 $60,514 $52,186 $62,623 _$41,749 $47,010 $58,763 $70,516 $55,230 $69,037 $82,845 $61,671 $77,089 $92,507 $57,319 $71,649 $85,979 $38,206 $47,757 $57,309 $38,342 $47,928 $57,514 $40,354 $50,443 $60,532 $56,316 $67,580 _$45,053 $40,622 _ $50,778 $60,934 $59,143 $73,928 $88,714 Page 13 of 104 Contract employees not tied to ranges ATTACHMENT B Exempt and Elected Official Salaries Section 1. The following are exempt positions: City Manager See approved pay plan Police Chief See approved pay plan City Recorder/Assistant City Manager See approved pay plan City Engineer See approved pay plan City Treasurer See approved pay plan Parks, Recreation & Trails Director See approved pay plan Human Resource Manager See approved pay plan Senior Project Manager See approved pay plan Public Works Director See approved pay plan Section 2. Yearly salary rates for the following elected official positions: Mayor $12,669 Councilmembers $ 8,652 Planning Commission Members $50 per meeting Information about all Moab City financial transactions can be found at: http://www.utah.gov/transparency Ordinance #2018-11—Attachment B Page 14 of 104 6-1 Public Hearing Moab City Council Agenda Item Meeting Date: June 12, 2018 #: 7-1 Title: Granting of Local Consent for a Bar License for Moab Brewers, LLC d.b.a. Moab Brewery, located at 686 South Main Street. Date Submitted: May 25, 2018 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer Background/Summary: This applicant was previously issued a Dining Club License from the Department of Alcoholic Beverage Control for their bar area. The DABC will no longer offer Dining Club Licenses as of July 1, 2018. They will automatically approve the conversion from a Dining Club to a Bar License, but will require a new Local Consent. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of this Local Consent. Recommended Motion: "I move to approve the Local Consent for a Bar License for Moab Brewers, LLC d.b.a. Moab Brewery located at 686 South Main Street." Attachment(s): Local Consent Form Page 15 of 104 7-1 Special Events/Permits BAR / FRATERNAL / EQUITY LIQUOR LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant. AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 r V f 0 1AVS • City [ ] Town [ ] County to: Local busmcss license autbonty hereby grants Its consent to the issuance of a A,Bar [ ] Fraternal [ ] Equity liquor license Business Name (DBA): M DI ke) .1'� U'E-a- Entity Name (or owner's name if sole proprietor): /40A-6 evicw S Location Address: 6g6 • rvi l r.k s/ yo. ,tc3 V 1 Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is also acceptable. The local consent must be submitted to the DABC by the applicant as part of a complete application. Effective Date May 9, 2017 Page 16 of 104 ial Events/Permits Moab City Council Agenda Item Meeting Date: June 12, 2018 #: 7-2 Title: Approval of a Class III Beer License for Sun TRS Moab Valley LLC d.b.a Moab Valley RV Resort & Campground located at 1773 North Highway 191. Date Submitted: June 4, 2017 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer Background/Summary: This applicant is applying for a Class III Beer License which entitles 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. The Department of Alcoholic Beverage Control will be requiring off -premise retailers to apply for a state license by March 1, 2019, but are not yet required to be "licensed". This is to give DABC time for investigation and approval. This location has been licensed previously but has experienced a change in ownership. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Class III Beer License. Recommended Motion: "I move to approve a Class III Beer License for Sun TRS Moab Valley LLC d.b.a. Moab Valley RV Resort & Campground located at 1773 North Highway 191." Attachment(s): Retail Beer License Application Page 17 of 104 7-2 Special Events/Permits DATE PAID: AMOUNT PAID: RECEIPT No.: 4 -s-i f a� 90. a a i 55g 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 OFMOAB © CLASS I FEE: O CLASS II FEE: 0 PRIVATE CLUB Pi CLASS III FEE: 0 Cuss IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION Fuu. Nut: HOME ADDRESS: John McLaren 10023 Applegate Lane Cm. Brighton Hake PHONE: 810-225-4767 STATE: MI bp: 48114 BUSINESS INFORMATION Busu+Ess N►utE: Sun TRS Moab Valley LLC dba Moab Valley RV Resort & Campground SALES TAx ID if: BuswEss ADDREss: / 7 73. US 191, Moab, UT 84532 Sumas pHotiE; 435-259-4469 BUSINESS MAILINDADDRESS: 27777 Franklin Rd #200 Cm% Southfield STATE: MI Zip: 48034 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. 0 CLAss1 0 CLASS II 0 PRIVATE CLUB ® Cuss III 0 CLAss IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? 0 No El YEs (Requires 'Local Consent' approved by Clty Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: (See attached list) 3. Have you ever been convicted of any offense other than a minor traffic violation? ill, No 0 YES (If yes, list offenses along with an explanation. include locations and dates.) *Boer application is for 3.2% by weight only. Also requires a State license. Page 18 of 104 :ial Events/Permits /03 4. The Applicant MUST provide to the City of Moats a copy of the Criminal History Report from the State of Utah if required for Class 4 II, Private Club and Class IV. r THE FOLLOWING INSPECTION IS REOUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION 61- 3v --/ APPROVEDI(DISAPPROVED 0 REASON: MOAB CITY COUNCIL AGENDA DATE' f] APPROVED 0 DISAPPROVED REASON(S): SPECIAL CONDITIONS: g, Page 19 of 104 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application Is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4•A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. Applicant's Signature STATE OF WPM o COUNTY OF GRAND , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and swam to before me on this V' day of Notary Public CAROL A THOMAS NOTARY PUBLIC, STATE OF MI MINTY OF OAIIAND MY COMMISSION EXPIRES May 4, 2019 ACTING IN COUNTY OF O co,u, Page 20 of 104 June 1, 2018 List of brands of beer sold at Moab Valley RV Resort & Campground and Canyonlands RV Resort & Campground Moab Valley RV Resort & Campground: Canyonlands RV Resort & Campground: • Avalanche • Budweiser • Best Apple Ale • Bud Light • Blue Moon Belgium White • Michelob • Bud Light • Uinta • Budweiser • Redd's • Coors • Stella • Shock Top • Shock top • Stella • Busch • Uinta • Heineken • Wasatch • Natural • Corona • Cutthroat • Goose IPA • Hurricane • Heineken • Lime A Rita • Henry's Hard • Goose IPA • Limarita • Corona • Michelob • Modelo • Mike's Hard • Odouls • Miller High Life • Squatters • Moab Brewery • Wasatch • Modelo • Seagram's • Redd's • Moab Brewery • Fosters • Keystone • Coors • Blue Moon • High Life • Pabst • Milwaukee • Mike's Hard • Miller • Best Damn Root Beer Page 21 of 104 Moab City Council Agenda Item Meeting Date: June 12, 2018 #: 7-3 Title: Approval of a Class III Beer License for Sun TRS Canyonlands LLC d.b.a Canyonlands RV Resort & Campground located at 555 South Main Street. Date Submitted: June 4, 2017 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer Background/Summary: This applicant is applying for a Class III Beer License which entitles 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. The Department of Alcoholic Beverage Control will be requiring off -premise retailers to apply for a state license by March 1, 2019, but are not yet required to be "licensed". This is to give DABC time for investigation and approval. This location has been licensed previously but has experienced a change in ownership. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of this Beer License. Recommended Motion: "I move to approve a Class III Beer License for Sun TRS Canyonlands LLC d.b.a. Canyonlands RV Resort & Campground located at 555 South Main Street." Attachment(s): Retail Beer License Application Page 22 of 104 7-3 Special Events/Permits DATE PAIR: AMOUNT PAID: RECEIPT No • CITY OF MOAB RETAIL BEER' LICENSE APPLICATION 217 EAST CENTER STREET MOAN, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CiY OFMOAB O CLASS I FEE: O CLASS II FEE: 0 PRIVATE CLUB l>d Mass III FEE: O CLASS N FEE: 1.10ENse If: $200.00 $200.00 S720.00 $90.00 S90.00 APPLICANT'S PERSONAL INFORMATION Fuu. NAME: HOME ADDRESS: John McLaren 10023 Applegate Lane co: Brighton HOME PHONE: 810-225-4767 STATE: MI zw: 48114 BUSINESS INFORMATION Business NwIE: Sun TRS Canyonlands LLC dba Canyonlands RV Resort 8 Campground DES TAX ID it BuSitiEssADCREss:53s .S 1Ttd;r1 , Moab, UT84532 BUSINESS PHONE: 435-259-6848 Buses mAiumpODnEss: 27777 Franklin Rd #200 Cum Southfield STATE: MI Zp: 48034 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 SEU. BEER' UNDER THE FOLLOWING LICENSE: (CHECK ONE) 1. ❑ CLASS I 0 CLASS II 0 PRIVATE CLUB ® CLASS Ill 0 Cuss IV 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 10 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 Cily, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class 11 Beer Licenses. Retail License shall entitle the Licensee 10 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)? 0 No ® YES (Requires 'Local Consent' approved by City Council prior to State approval.) 2. Ust brands of beer proposed to be sold by the applicant within the City of Moab: (See attached list) 3. Have you ever been convicted of any offense other than a minor traffic violation? la No 0 YES (lf yes, list offenses along with an explanation. Include locations and dates.) 'Seer application is for 3.2% by weight only. Also requires a State license. Page 23 of 104 G :ial Events/Permits 5 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, g Private Club and Class 1V. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INsPEcToR (435) 259.5602 575 Kane Creek Blvd DATE OF INSPPE/CT*N 5'-3d ` ( < APPROVED L� DISAPPROVED 0 REASON: ��'\\\ S:GNATURE MOAB CITY COUNCIL AGENDA DATE: 0 APPROVED 0 CISAPPRavED REASON(5): _ SPECIAL CONDITIONS: s Page 24 of 104 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. Applicant's Signature STATE OF UQ116`<l ) ss COUNTY OF mf4D— j "�`-1-�•-+«. — , being first duly swom, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and swum to before me on this L? \4:-r. day of CAROL A. THOMAS NOTARY PUBLIC, STATE OF MI COUNTY OFOAIQAND MY COMMISSION EXPIRES May 4. 2019 ACTING IN COUNTY OF oa.V .y4, Page 25 of 104 June 1, 2018 List of brands of beer sold at Moab Valley RV Resort & Campground and Canyonlands RV Resort & Campground Moan Valley RV Resort & Campground: Canyonlands RV Resort & Campground: • Avalanche • Budweiser • Best Apple Ale • Bud Light • Blue Moon Belgium White • Michelob • Bud Light • Uinta • Budweiser • Redd's • Coors • Stella • Shock Top • Shock top • Stella • Busch • Uinta • Heineken • Wasatch • Natural • Corona • Cutthroat • Goose IPA • Hurricane • Heineken • Lime A Rita • Henry's Hard • Goose IPA • Limarita • Corona • Michelob • Modelo • Mike's Hard • Odouls • Miller High Life • Squatters • Moab Brewery • Wasatch • Modelo • Seagram's • Redd's • Moab Brewery • Fosters • Keystone • Coors • Blue Moon • High Life • Pabst • Milwaukee • Mike's Hard • Miller • Best Damn Root Beer Page 26 of 104 Moab City Council Agenda Item Meeting Date: June 12, 2018 #: 7-4 Title: Approval of a Private Property Vendor License for Phantom Fireworks Eastern Region, LLC, located at 817 South Main Street for a term of June 15, 2018 to July 31, 2018. Date Submitted: May 16, 2018 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer/Planning Background/Summary: This applicant is seeking approval for a fireworks stand located on the Moab Chevron property at 817 South Main Street. They were licensed at this same location last year and did not have any issues. Staff has reviewed the proposed application and finds that it meets the requirements of our vendor ordinance. The applicant is requesting an exception of a 20x8 metal storage container as per the Utah Fire Prevention Rule R710-2-3 to securely lock the fireworks in. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Private Property Vendor License, subject to the following conditions: 1. All required inspections as listed on the Vendor Application 2. Specific Business Dates for fireworks sales to be 6/27/18 - 7/4/18 and 7/20/18 - 7/24/18. They will begin setting up 6/15/18 and will have everything removed by 7/31/18. 3. Approve the requested exception for a 20x8 metal storage container. Recommended Motion: "I move to approve a Private Property Vendor License for Phantom Fireworks Eastern Region, LLC located at 817 South Main Street." Attachment(s): Vendor Application Page 27 of 104 7-4 Special Events/Permits DATE PAID: AMOUNT PAID: RECEIPT No.: CITY OF MOAB. VENDOR (REQUIRES CITY COUNCIL APPROVAL —YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (438) 259-51211 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITYOFMOAB FEE: $ (AS DETERMINED ey REsof_UTION) LICENSE #: ZONE: BUSINESS NAME: Phantom Fireworks Eastern Region, LLC BusNESSMAILING ADDRESS: PO Box 160421 e-mail address: jwitter@ftreworks.com Location(s) where business will be conducted; Attach agreement of authorization from property owners) Including employee use of Reslroom Facifties car _Clearfield_ BUSINESS PHONE: 801-825-6101 STATE: UT ZP: 84016 Moab Chevron. 817 S Main St. Moab. UT 84532 Length of time andlor specific dates business will be conducted: set-up as early as 6/15, sales 6127 - 714 & 7120 - 7124, tear -down by 7131 Proposed hours of operation: 10am - 10pm Type (see dentitions): ❑ Cart ❑ Vehicle ❑ Display Apparatus Vendor Type (see definitions): ❑ Street Vendor ❑ Sidewalk Vendor to Private Properly Vendor ❑ local Vendor ❑ Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: Sales of state -approved 1.4G consumer fireworks BUSINESS OWNER%NNE: Joee Witter. Regional Manager OMER'SADDRESS: PO Box 160421 OwNER'S DRNER LICENSE NUMBER & STATE oR OTHER PROOF OF IDENTITY: cam: Clearfield PHONE: STATE: UT ZrF: 84016 OwNER'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: OPERATOR'S NAME OF DIFFERENT FROM OWNER): to be determined - will notify PHONE:, OPERATOR'S ADDRESS (IFOIFFERENT FROM DWNERy CITY: STATE: ZIP; SALES TAX 10# (ATTACH PROOF FROM UTAHTAX COMMLSSION): not issued one yet - not issuing until late May/early June Nam REGISTERED WITH THE STATE FOR TAxID: Phantom Fireworks Eastern Region.1LC PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION 1S REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 28 of 104 7-4 Special Events/Permits THIS FORM IS AN APPUCATION FOR A BUSINESS UCENSE_ THE ACTUAL LICENSE W U BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL OF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. iT IS A CLASS 'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. OWE. Joee Witter ?LEASE PRINT NANEM 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. UWE UNDERSTAND THIS UCENSE IS NON -TRANSFERABLE AND VALID ONLYFOR THE ABOVE MENTIONED LOCATION AND OWNER. UWE AGREE4T0 FILE THE PROPER REPORTS WITH THE STATE OF UTAH. 5 - 9 - �o Drie Signature of Applicant HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY State of Utah ) County of� ) § SUBCRIBED AND SWORN to before me this COL' day of Mak, M1 N TARPUBLIC DEFINITIONS • NOTARY PUBLIC MARIA RADA 696412 COMMISSION EXPIRES AUGUST 09, 2021 STATE OF UTAH ➢ Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. ➢ Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shalt not be used for vending purposes. D Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. ➢ Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14 a Street Vendors, o Sidewalk Vendors, a Private property Vendors, and o Food Vendors, ➢ Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. ➢ Private Property Vendor. Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. D Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. • street Vendor, Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. 11/27/2013 TIDUShVESSLICL•NSES1BUSLICFOR,IISIBusLk- Vender reulson.docr Page 29 of 104 7-4 Special Events/Permits LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: {p 0 APPROVED 0 DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING M APPROVED 0 DISAPPROV REASON(S). CITY RECORDER 0 APPROVED 0 DISAPPROVED REASONS): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: APPROVED 0 DISAPPROVED REASC N(S). Fee Calculation: Mobile Vendor Fee Structure AdMinistrative Fee* $600; $10 $610 Solid Waste Fee/Food vendors 'Limited Term (less than 30 days) Long Term (EL month-.1? months) 'Waived for focal vendors with permanent business address in Grand County $30 111:1712013 Ei.BUSINESSLICENSESIBUSLICFORAISlllrrtlic-reurlarrcriruudam. Page 30 of 104 , one fiinelfee. per month or partial month Flat f=ee!(includes adminjstrativefee) month (plus admInfe.e). . Total F CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 64532 (435) 259-51211 FAX (435) 259.4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S), INDICATE SERVICE(S): ❑ OTHM, PLEASE WW1: BUSINESS NAME: BUSINESS ADDRESS: Phantom Fireworks Eastem Region, LLC Chevron Gas Station, 817 S Main, Moab, UT 84532 BUSINESS PHONE: 801-825-6101 OwNER'S NAME: Moab Gas. LLC OWNERS PHONE 435-259-0500 TYPE OF BUSINESS (EXPLAIN IN DETAIL): Retail sales of state -approved 1.4G consumer fireworks for the July 4th & Pioneer Days holiday sales periods. THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUIRED: 0 YES 0 NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ❑ YES 0 No (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED 0 DISAPPROVED 0 REASON SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED: ❑ YES t/trNO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION /4.15` %--e--- APPROVE DISAPPROVED Er REASON: ' ` 07/01/05 Page 31 of 104 7-4 Special Events/Permits Crr t OF MOAB 217 EAST C ENTER STREET MOAB. UTAH 84532 2534 (435) 259-5121 Fax (435) 259 4135 Property Owner Authorization Leger See attached property lease & restroom permission from owner Date: 511&f i5 City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that I, 14.0 (•••••C-r"-gL /1(1 775:i 1,4r,"2.7 am the owner of the property located at 1 understand that (prop' owner name) fir_ - v r 1 —� lot "r r� (property add= and parcel tax ID $1) Jpe� W;fttr- has applied for a business license for (name of business license applicant) f 0.K:4m PA. —P% re_.._►ac \(5 (applicant business name) from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for employees of the above listed business. Signature Printed Name 1133 - Sw? `;av Telephone #f /14 t lljq A.^ a.� .'rti:� i 1-• L� Email J Please list additional businesses authoted to use the above property and restroorn facilities: Page 32 of 104 7-4 Special Events/Permits Phantom Fireworks Eastern Region, LLC P.O. Box 160421 Clearfield, U7 134016 Office: 801-825-13101 Restroom Permission 114.-6 ��, hereby acknowledge that, the operators of Phantom Fireworks working within the grounds of the Chevron at 817 South Main Street; Moab, UT 84532 are granted permission to use the restrooms and sanitary facilities. Sincerely, r /41 � �� Page 33 of 104 Name Title Facility 7-4 Special Events/Permits 03:TMQ�� moss kAt.,+ ul Pave') 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Name of Applicant: Joee Winer, Regional Manager Business Name: Phantom Fireworks Eastern Region. LLC Mailing Address: PO Box 160421, Clearfield, UT 84016 Address: Chevron Gas Station. 817 S Main. Moab. UT 84532 Phone: 801-825-6101 Email: lwitter@fireworks.com Property Owner: Moab Gas. LLC Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑Street Vendor ❑ Sidewalk Vendor 51Private Property Vendor ❑ Local Vendor ❑ Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Cart ❑ Vehicle ❑ Display Apparatus Detailed description of business activities: Retail sales of state -approved 1.4G consumer fireworks from a tgmporary fireworks stand for the Jyly 4th and Pioneer Days holidays. Fireworks will be stored on -site approximately 50 ft from the stand in a metal container with a lock every night. Total number of off-street parking spaces: 10 Hours of operation. 10am - 10om To be filled out by city: Zoning; eit Allowed use per Moab Municipal Code section; 11. a1. 0 0 Number of parking spaces required for permanent business. 10 Number of parking spaces required for other businesses: Zoning Administrator Page 34 of 104 lig 6. It Date 7.5ft by 15.5ft Stand luelg"nufREE! a„ 1.414c14.4 1101 PHANTOM . FIREWORKS Ffi 8ft by 8ft signs idocudi Nod firIEWORICSkkCOM RUM Page 35 of 104 • k 8ft by 8ft signs 7-4 Special Events/Permits + 1 g11.rq s.y,1•1,1 11•114 Ur PP S311115 • sNNo V1Ntfitivi :op! ieuomppd 8 60Z16EIL 81.OZIOZI9 :43 panowaa :amps do loN 54.ivauad/54.uanj ppadS -L ZE9t8 lfl 'wow Page 36 of 10 :ale;Sl43 uogeao-i M9-91761.02 :aaor ao V9ZZ-6£Z-98£ :lned 9'9 6X91 :azlS 1S u1eW S L 68 :ssaappv uogeaoi uogsenbianssi Aue qum 11ea lsnw pue}S :ival Jo pue;s wow uanayo :eweN uoneaoi # 4unoa3d auS 1069-9Z8 (IOW a31.41O Womeim woweyd NV7d 311S SMd0M3d1d 71,113d 5..iu.u?d/5..uan3IDpadS -L Dear Moab City Council, Phantom Fireworks Eastern Region, LLC P.O. Box 160421 Clearfield, UT 84016 Office: 801-825-6101 May 9, 2018 I am writing to request an exception to allow a 20x8 metal storage container for our proposed vendor sales location at Chevron 817 S Main Street. Due to the nature of our business selling Utah state approved consumer fireworks, the Utah Fire Prevention Rule R710-2-3 requires a metal storage container to securely lock the fireworks in overnight. This is standard practice in the consumer fireworks industry. You can also contact Deputy Fire Marshal Ted Black 801- 284-6352 or the Utah Fire Marshal's office at 801-284-6350 if you need any further information or clarification on the Utah state Fireworks Statue UC57 or Fire Prevention Board Rule R710. R710.2.3. General Requirements. 3.5 A salesperson shall remain at the sales location at all titres unless suitable locking devices ar secured metal storage containers are provided to prevent the unauthorized access to the merchandise by others. Additionally, the metal container allows for the secure storage of the fireworks before, during and after the legal sales period until any unsold items can be retumed after Pioneer Days. Phantom Fireworks offers a wide variety of safety materials as well as videos on how to properly use consumer fireworks. We would be happy to assist Moab City and Moab Fire with any public fireworks safety awareness. This would be in addition to the materials we will have on site at our sales facility. We look forward to again operating in the City of Moab and we appreciate your help. Pac-Van Utah Storage Container Example Page 38 of 104 ]oee Witter Regional Manager UT 1D-CO PO Box 160421 Clearfield, UT 84016 Office: 801-825-6101 Cell: 801-946-5313 7-4 Special Events/Permits ��' �� E � C E R T I F I C A T E O F L I A B I L I T Y I N S U R A N C E D A T E 1 1 1 E 0 1 $ D l Y Y Y Y ) T H I S C E R T I F I C A T E 1 5 I S S U E D A S A M A T T E R O F I N F O R M A T I O N O N L Y A N D C O N F E R S N O R I G H T S U P O N T H E C E R T I F I C A T E H O L D E R . T H I S C E R T I F I C A T E D O E S N O T A F F I R M A T I V E L Y O R N E G A T I V E L Y A M E N D , E X T E N D O R A L T E R T H E C O V E R A G E A F F O R D E D B Y T H E P O L I C I E S B E L O W . T H I S C E R T I F I C A T E O F I N S U R A N C E D O E S N O T C O N S T I T U T E A C O N T R A C T B E T W E E N T H E I S S U I N G I N S U R E R t S 1 , A U T H O R I Z E D R E P R E S E N T A T I V E O R P R O D U C E R , A N D T H E C E R T I F I C A T E H O L D E R . I M P O R T A N T : I f t h e c e r t i f i c a t e h o l d e r i s a n A D D I T I O N A L I N S U R E D , t h e p o l i c y ( i e s ) m u s t b e e n d o r s e d . I f S U B R O G A T I O N I S W A I V E D , s u b j e c t t o t h e t e r m s a n d c o n d i t i o n s o f t h e p o l i c y , c e r t a i n p o l i c i e s m a y r e q u i r e a n e n d o r s e m e n t A s t a t e m e n t o n t h i s c e r t i f i c a t e d o e s n o t c o n f e r r i g h t s t o t h e c e r t i f i c a t e h o l d e r i n l i e u o f s u c h e n d o r s e m e n t ( s ) . P R O D U C E R 3 r i t t o n - G a l l a g h e r a n d A s s o c i a t e s , I n c . O n e C l e v e l a n d C e n t e r , F l o o r 3 0 1 3 7 5 E a s t 9 t h S t r e e t : l e v e l a n d O H 4 4 1 1 4 C O N T A C T N A M E : P H O N E W C N e . E x u : 2 1 6 - 6 5 8 - 7 1 0 0 I F A X ( A I C , N o : 2 1 6 - 6 5 8 - 7 1 0 1 I : . M a I L A v o R E s s : i n f o C g b r i t t o n g a l l a g h e r . c o m I N S U R E R ( S ) A F F O R D I N G C O V E R A G E N A I C N I N S U R E R A : E v e r e s t I n d e m n i t y I n s u r a n c e C o . 1 0 8 5 1 I N S U R E D P h a n t o m F i r e w o r k s E a s t e r n R e g i o n , L L C 2 4 4 5 B e l m o n t A v e n u e Y o u n g s t o w n O H 4 4 5 0 5 I N S U R E R B : M a x u m I n d e m n i t y C o m p a n y 2 6 a 3 Z 6 6 2 0 i N s u R E R c : A x i s S u r p l u s I n s C o m p a n y I N S U R E R D : I N S U R E R E : I N S U R E R F : C O V E R A G E S C E R T I F I C A T E N U M B E R : 8 5 2 9 1 1 1 0 4 R E V I S I O N N U M B E R : T H I S I S T O C E R T I F Y T H A T T H E P O L I C I E S O F I N S U R A N C E L I S T E D B E L O W H A V E B E E N I S S U E D T O T H E I N S U R E D N A M E D A B O V E F O R T H E P O L I C Y P E R I O D I N D I C A T E D N O T W I T H S T A N D I N G A N Y R E Q U I R E M E N T , T E R M O R C O N D I T I O N O F A N Y C O N T R A C T O R O T H E R D O C U M E N T W I T H R E S P E C T T O W H I C H T H I S C E R T I F I C A T E M A Y B E I S S U E D O R M A Y P E R T A I N , T H E I N S U R A N C E A F F O R D E D B Y T H E P O L I C I E S D E S C R I B E D H E R E I N I S S U B J E C T T O A L L T H E T E R M S , E X C L U S I O N S A N D C O N D I T I O N S O F S U C H P O L I C I E S . L I M I T S S H O W N M A Y H A V E B E E N R E D U C E D B Y P A I D C L A I M S I N S R L T R T Y P E O F I N S U R A N C E A D D L I N S R S U B R N N D P O L I C Y N U M B E R P O L I C Y E F F ( M M I D D I Y Y Y Y ) P O L I C Y E X P I M M I D O N Y Y Y I L I M I T S 4 G E N E R A L L I A B I L I T Y X C O M M E R C I A L G E N E R A L L I A B I L I T Y C L A I M S - M A D E E O C C U R X N o n - O w n e d S t a n d E n d t I n c l u d e d G E N ' L A G G R E G A T E L I M I T A P P L I E S P E R P O L I C Y n j E C T 1 " ' I L O C A U T O M O B I L E L I A B I L I T Y A N Y A U T O A L L O W N E D A U T O S H I R E D A U T O S S C H E D U L E D A U T O S N O N - O W N E D A U T O S Y S I 8 G L 0 0 8 4 3 - 1 7 1 1 0 / 3 0 / 2 0 1 7 1 0 / 3 0 / 2 0 1 8 E A C H O C C U R R E N C E $ 1 , 0 0 0 , 0 0 0 D A M A G E T O R E N T E D P R E M I S E S M a o c c u r r e n c e ) $ 5 0 0 , 0 0 0 M E D E X P ( A n y o n e p e r s o n ) S P E R S O N A L & A D V I N J U R Y $ 1 , 0 0 0 , 0 0 0 G E N E R A L A G G R E G A T E $ 2 , 0 0 0 , 0 0 0 P R O D U C T S " C O M P / O P A G G S 2 , 0 0 0 , 0 0 0 C U M B I N E U S I N U L E L I M I 1 ( E a a c a d e n t ) s S B O D I L Y I N J U R Y ( P e r p e r s o n ) S B O D I L Y I N J U R Y ( P e r a c c i d e n t s P R O P E R T Y D A M A G E ( P e r a c c i d e n t ) S S B U M B R E L L A L I A R X E X C E S S L A B O C C U R C L A I M S - M A D E D E D R E T E N T I O N S Y E X C 6 0 2 5 3 4 3 - 0 4 1 0 / 3 0 / 2 0 1 7 1 0 / 3 0 / 2 0 1 8 E A C H O C C U R R E N C E $ 4 . 0 0 0 . 0 0 0 A G G R E G A T E S 4 . 0 0 0 0 0 0 S W O R K E R S C O M P E N S A T I O N A N D E M P L O Y E R S ' L I A B I L I T Y Y ! N A N Y P R O P R I E T O R / P A R T N E R / E X E C U T I V E Q' O F F I C E R / M E M B E R E X C L U D E D ? ( M a n d a t o r y i n N H ) N y e s , d e s c r i b e u n d e r D E S C R I P T I O N O F O P E R A T I O N S b e l o w N I A W C S T A T U - T O R Y I I M I T S E L E A C H A C C I D E N T O T H - E R S E L D I S E A S E - E A E M P L O Y E E S E . L . D I S E A S E P O L I C Y L I M I T S C E x c e s s L i a b i l i t y # 2 E A U 7 8 4 0 1 7 1 0 / 3 0 / 2 0 1 7 1 0 / 3 0 / 2 0 1 8 E a c h O w / A g g r e g a t e T o t a l L i m i t s $ 5 . 0 0 0 . 0 0 0 S 1 0 . 0 0 0 0 0 0 D E S C R I P T I O N O F O P E R A T I O N S I L O C A T I O N S 1 V E H I C L E S ( A t t a c h A C O R D 1 0 1 , A d d i t i o n a l R e m a r k s S c h e d u l e , I f m o r e s p e c s I s r e q u i r e d ) T h e C e r t i f i c a t e H o l d e r s a r e n a m e d a s a d d i t i o n a l i n s u r e d ' s w i t h r e s p e c t s t o t h e G e n e r a l L i a b i l i t y a s r e q u i r e d b y w r i t t e n c o n t r a c t s u b j e c t t o p o l i c y t e r m s , c o n d i t i o n s a n d e x c l u s i o n s . A d d i t i o n a l I n s u r e d e x t e n s i o n o f c o v e r a g e i s p r o v i d e d b y a b o v e r e f e r e n c e d G e n e r a l L i a b i l i t y p o l i c y w h e r e r e q u i r e d b y w r i t t e n a g r e e m e n t . T h i s c e r t i f i c a t e r e l a t e s t o t h e o p e r a t i o n s o f P h a n t o m F i r e w o r k s a t C h e v r o n G a s S t a t i o n , 8 1 7 S M a i n , M o a b , U T 8 4 5 3 2 T i m e F r a m e : 6 / 2 0 / 2 0 1 8 - 7 / 3 1 / 2 0 1 8 A d d i t i o n a l I n s u r e d : C i t y o f M o a b C E R T I F I C A T E H O L D E R C A N C E L L A T I O N M o a b G a s , L L C 8 1 7 S M a i n M o a b U T 8 4 5 3 2 I S H O U L D A N Y O F T H E A B O V E D E S C R I B E D P O L I C I E S B E C A N C E L L E D B E F O R E T H E E X P I R A T I O N D A T E T H E R E O F , N O T I C E W I L L B E D E L I V E R E D I N A C C O R D A N C E W I T H T H E P O L I C Y P R O V I S I O N S . A U T H O R I Z E D R E P R E S E N T A T I V E y P a g e 3 9 o f 1 0 4 � 1 9 8 8 - 2 0 1 0 A C O R D C O R P O R A T I O N . A l l r i g h t s r e s e r v e d . A C O R D 2 5 ( 2 0 1 0 / 0 5 ) T h e A C O R D n a m e a n d l o g o a r e r e g i s t e r e d m a r k s o f A C O R D 7 - 4 S p e c i a l E v e n t s / P e r m i t s Fireworks License LICENSE PHANTOM FIREWORKS EASTERN REG. BDG D4 FREEPORT W,CLEARFLD UT YOUNGSTOWN, OH 44505-2405 License No. F560 Type Importer and Wholesaler The above named concern is hereby authorized to engage in the act or acts of importing or wholesaling of fireworks within the limits of the type of license as specified above, and as stipulated in the regulations adopted pursuant to Title 53, Chapter 7, Section 204, Utah Code Annotated. Issued 12/08/2015 Expires 12/31/2018 By State Fire Marshal This license is non -transferable Post in conspicuous place Page 40 of 104 7-4 Special Events/Permits CITY OF MOAB RESOLUTION NO.27-2018, A RESOLUTION,4DAM#G_ AMENDING RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS AND HEARINGS The following describes the intent and purpose of this resolution: Utah Code Annotated § 10-3-606 requires that municipalities adopt rules of procedure and order to govern public meetings. The City of Moab finds that it is proper from time to time to adopt and revise its rules of procedure so that public meeting will be conducted in a fair, orderly, and efficientmanner. These rules are adopted to provide advisory guidelines for the conduct of public meetings and public hearings before the Moab City Council. Therefore, the City of Moab enacts as follows: 1. Quorum. The number of City Council members required to constitute a quorum for a meeting shall be three, excluding the Mayor. 2. Convening the Meeting; Workshops, Regular meetings shall be scheduled in advance by resolution of the Council adopted on an annual basis. Special meetings may be called, or items for consideration may be added to a meeting agenda, by the action of the Mayor or any two Council members. The Mayor or the Mayor Pro Tempore (the presiding officer) shall call the meeting to order at the time scheduled. The presiding officer is charged with preserving order at the meeting and conducting the meeting in conformity with the agenda, applicable ordinances, and these rules. a. The Council meeting may be preceded by an informal workshop, at which time the Council can ask questions or receive input from staff and others on agenda items or other matters. Workshops may be conducted informally. No final action shall be taken on any item discussed during a pre -meeting workshop. 3. Citizens to be Heard. At every regular meeting of the Council there shall be an agenda item allowing citizens to address the Council on the subject of any matter of public concern_ Interested persons may address the Council on matters of concern, regardless of whether the item is which is not identified on the agenda for action. If members of the public provide comment on a matter that is set for action later on the agenda, the comments may be considered and relied upon as part of the record for that decision. Members of the public should clearly state that they are providing testimony with respect to any such agenda item. The Council shall not take final action on any unscheduled matter identified during the citizens to be heard portion of the agenda, but Council members may ask questions, give directions to staffthe City Manager, or ask that a matter be brought back for formal action at a later meeting. a. To ensure equity and avoid the appearance of favoritism, comments by members of the public during the citizens to be heard portion of the agenda shall be limited to a maximum of three minutes per individual, unless otherwise directed by the presiding officer. 1 Page 41 of 104 8-1 Old Business b. pi order to ensure that all present feel comfortable expressing their views and that the free speech rights of all individuals are respected, members of the public who are present but not currently speaking shall not engage in outward displays of support or opposition to those speaking at the citizens to be heard portion of the meeting. 4. General Meeting Procedure; Consent Agenda. Unless otherwise moved by the Council, matters shall be considered in the order specified in the agenda. Where there are several routine or uncontested matters requiring approval, the Council may elect to approve those items as a group under a consent agenda, and without extensive discussion. Any Council member may request that any item to be removed from consideration under a consent agenda, in which case it will be reviewed individually. a. All meetings should be conducted fairly and efficiently, and with respect for the participants. The presiding officer has discretion to conduct the meeting in a manner which is consistent with these goals. 5. Review Procedure. The presiding officer shall call an item up for discussion. The matter should typically be introduced by a member of the staff, who will outline the issues up for decision. The presiding officer may elect to call a proponent for a particular item, and request that interested persons address the Council on the matter under consideration. Council members may ask questions of staff and proponents, and may review documents and information as necessary to understand the issue. a. An applicant or member of staff may pull an item from consideration by delivering notice to the presiding officer prior to the commencement of the meeting. During the meeting the presiding officer should announce that the item has been pulled from the agenda. 6. Manner of Acting. To approve an item under consideration, a Council member must move to approve the item, the motion must be seconded by another Council member, and approved by a majority vote. In the absence of a second to a motion the motion fails. a. Prior to voting Council members may discuss or debate the motion to the extent they see fit. The presiding officer has discretion to limit lengthy debate and may call the question on any item as he/she sees fit. b. At any time prior to voting, a moving Council member may, without a second or vote, elect to withdraw the motion. A pending motion may be amended by offering an amendment by motion, which must be seconded. An amended motion offered prior to action on the primary motion shall be decided prior to voting on the original motion. c. A motion to table an item or adjourn a meeting shall be acted uponwithout debate. d. With respect to information requests to staff or similar routine items, the Council may act informally or by consensus. 2 Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Numbered + Level: 3 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.57" + Indent at: 1.07", Tab stops: 1.07", Left + 1.07", Left Page 42 of 104 8-1 Old Business 7. Voting. Unless otherwise provided by law, all matters brought for action before the Council shall be decided by an affirmative vote of a majority of the Council. The Mayor shall only vote in the case of a tie vote; if the Mayor Pro Tempore is the presiding officer he/she shall always be entitled to vote. If the Mayor is not present to break a tie vote, the motion fails. a. On ordinances and all matters which create a financial obligation of the City, or where the voice vote tally is unclear, the vote shall be recorded as a roll call vote. b. If the Council wishes to enter into a closed session, as allowed by the Utah Open and Public Meetings Act, the decision to enter into a closed meeting must be preceded by an affirmative vote of 2/3 of the Council, unless otherwise provided by law. 8. Reconsideration. Subject to applicable law, the Council may elect to reconsider a matter which was previously acted upon. Reconsideration requires a motion, second, and affirmative vote of the majority. At the time of reconsideration the number of Council members present must be equal to or greater than the number of Council members present when the matter was first considered. Where reconsideration would have the effect of cancelling or abrogating a binding obligation of the City (such as a contract), the presiding officer shall require that the City Attorney provide a legal opinion to the Council on the subject prior to any action on reconsideration. 9. Conduct of Public Hearings. By law the City Council is required to hold a public hearing prior to reaching a decision on certain adjudicatory or other matters. The Council may also elect to hold a public hearing on a matter even if it is not required by law. Public hearings are more formal than other proceedings, and shall be conducted in a manner which respects the due process rights of the applicant and all other participants. The following procedures shall apply to public hearings. a. Where a staff report is generated prior to the public hearing the applicant shall be provided with a copy of the staff report a reasonable period of time prior to the public hearing. b. At the public hearing the matter shall be introduced by staff, followed by testimony from the applicant at their discretion. Interested persons shall then be given the opportunity to provide testimony for or against the matter. At the conclusion of testimony by interested persons the applicant shall be given the opportunity to offer rebuttal testimony. c. Persons providing testimony will be requested to: i) identify themselves; ii) state clearly their position on the matter subject to review; and iii) provide testimony, information, or data in support of their position. Unsupported argument or derogatory comments directed to the matter in question or the applicant are not useful to the Council, and are discouraged. d. Persons other than the applicant may only provide testimony once during a specific public hearing; this applies to hearings that are continued orpostponed to future meetings. The presiding officer has discretion to limit the length of testimony or allocate the available time for the hearing to allow interested persons the opportunity to testify. 3 Page 43 of 104 8-1 Old Business e. All testimony, evidence, documents, photographs, or other information received by the Council shall be entered into the record of proceedings. The Council has discretion to postpone action on a public hearing item, and it may continue to receive additional written comments or other evidence until such time as it closes the public hearing. f. At the conclusion of the public hearing the Council will consider the matter, and Council members may engage in discussion and debate to the extent deemed necessary. Although the rules of evidence do not apply to public hearings, Council members have discretion to weigh the evidence and measure the credibility of the testimony in the manner that they see fit. Irrelevant or incompetent evidence should be disregarded. A final decision may be made in the manner provided for all other decisions, except that the Council may: i) announce its findings in support of the decision orally on the record or; ii) give direction to staff to prepare a written order, permit, or decision consistent with the Council findings, which the Council may adopt or modify as it sees fit. 10. Modification of these Rules. To the extent these rules conflict with any other law or statute, the other law or statute shall prevail. The Council or the presiding officer has discretion to modify these rules or the procedures under these rules to the extent necessary to accommodate the needs of a particular situation. The adoption of these rules shall not be deemed to confer any specific substantive or procedural rights upon any person participating at a Council hearing or meeting. 11. Adjournment. The Council may elect to adjourn a meeting without hearing all matters on the agenda if the meeting continues past 10:30 p.m. Matters not heard will be rescheduled on the next available agenda. The Council may also adjourn at any time if disruptiveconduct at a meeting prevents orderly action. 12. Expulsion. Pursuant to U.C.A. § 10-3-607 and_608, the Council, by a two-thirds vote, may elect to expel any Council member or member of the public from an open public meeting where that person has engaged in disorderly, abusive, or criminal conduct during a meeting. 13. Subpoena. Pursuant to U.C.A. § 10-3-610 the City Council may direct the City Attorney to issue a subpoena to any person for the purpose of directing that person to appear and give testimony and/or produce records or items of physical evidence as may be necessary in connection with any legislative, adjudicatory, or investigatory matter before the City. The g• 4 Page 44 of 104 8-1 Old Business subpoena shall be issued pursuant to the same procedures provided under the Utah Rules of Civil Procedure. The foregoing is approved and adopted by action of the Moab City Council, as set forth below. This resolution shall take effect immediately. Mayor David SakrisonEmily S. Niehaus Date Attest: Rachel Stenta, Recorder Date -End of Document- 5 Page 45 of 104 8-1 Old Business CITY OF MOAB RESOLUTION NO.27-2018, A RESOLUTION AMENDING RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS AND HEARINGS The following describes the intent and purpose of this resolution: Utah Code Annotated § 10-3-606 requires that municipalities adopt rules of procedure and order to govern public meetings. The City of Moab finds that it is proper from time to time to adopt and revise its rules of procedure so that public meeting will be conducted in a fair, orderly, and efficient manner. These rules are adopted to provide advisory guidelines for the conduct of public meetings and public hearings before the Moab City Council. Therefore, the City of Moab enacts as follows: 1. Quorum. The number of City Council members required to constitute a quorum for a meeting shall be three, excluding the Mayor. 2. Convening the Meeting; Workshops, Regular meetings shall be scheduled in advance by resolution of the Council adopted on an annual basis. Special meetings may be called, or items for consideration may be added to a meeting agenda, by the action of the Mayor or any two Council members. The Mayor or the Mayor Pro Tempore (the presiding officer) shall call the meeting to order at the time scheduled. The presiding officer is charged with preserving order at the meeting and conducting the meeting in conformity with the agenda, applicable ordinances, and these rules. a. The Council meeting may be preceded by an informal workshop, at which time the Council can ask questions or receive input from staff and others on agenda items or other matters. Workshops may be conducted informally. No final action shall be taken on any item discussed during a pre -meeting workshop. 3. Citizens to be Heard. At every regular meeting of the Council there shall be an agenda item allowing citizens to address the Council on the subject of any matter of public concern. Interested persons may address the Council on matters of concern, regardless of whether the item is identified on the agenda for action. If members of the public provide comment on a matter that is set for action later on the agenda, the comments may be considered and relied upon as part of the record for that decision. Members of the public should clearly state that they are providing testimony with respect to any such agenda item. The Council shall not take final action on any unscheduled matter identified during the citizens to be heard portion of the agenda, but Council members may ask questions, give directions to the City Manager, or ask that a matter be brought back for formal action at a later meeting. a. To ensure equity and avoid the appearance of favoritism, comments by members of the public during the citizens to be heard portion of the agenda shall be limited to a maximum of three minutes per individual, unless otherwise directed by the presiding officer. 1 Page 46 of 104 8-1 Old Business b. In order to ensure that all present feel comfortable expressing their views and that the free speech rights of all individuals are respected, members of the public who are present but not currently speaking shall not engage in outward displays of support or opposition to those speaking at the citizens to be heard portion of the meeting. 4. General Meeting Procedure; Consent Agenda. Unless otherwise moved by the Council, matters shall be considered in the order specified in the agenda. Where there are several routine or uncontested matters requiring approval, the Council may elect to approve those items as a group under a consent agenda, and without extensive discussion. Any Council member may request that any item to be removed from consideration under a consent agenda, in which case it will be reviewed individually. a. All meetings should be conducted fairly and efficiently, and with respect for the participants. The presiding officer has discretion to conduct the meeting in a manner which is consistent with these goals. 5. Review Procedure. The presiding officer shall call an item up for discussion. The matter should typically be introduced by a member of the staff, who will outline the issues up for decision. The presiding officer may elect to call a proponent for a particular item, and request that interested persons address the Council on the matter under consideration. Council members may ask questions of staff and proponents, and may review documents and information as necessary to understand the issue. a. An applicant or member of staff may pull an item from consideration by delivering notice to the presiding officer prior to the commencement of the meeting. During the meeting the presiding officer should announce that the item has been pulled from the agenda. 6. Manner of Acting. To approve an item under consideration, a Council member must move to approve the item, the motion must be seconded by another Council member, and approved by a majority vote. In the absence of a second to a motion the motion fails. a. Prior to voting Council members may discuss or debate the motion to the extent they see fit. The presiding officer has discretion to limit lengthy debate and may call the question on any item as he/she sees fit. b. At any time prior to voting, a moving Council member may, without a second or vote, elect to withdraw the motion. A pending motion may be amended by offering an amendment by motion, which must be seconded. An amended motion offered prior to action on the primary motion shall be decided prior to voting on the original motion. c. A motion to table an item or adjourn a meeting shall be acted upon without debate. d. With respect to information requests to staff or similar routine items, the Council may act informally or by consensus. 7. Voting. Unless otherwise provided by law, all matters brought for action before the 2 Page 47 of 104 8-1 Old Business Council shall be decided by an affirmative vote of a majority of the Council. The Mayor shall only vote in the case of a tie vote; if the Mayor Pro Tempore is the presiding officer he/she shall always be entitled to vote. If the Mayor is not present to break a tie vote, the motion fails. a. On ordinances and all matters which create a financial obligation of the City, or where the voice vote tally is unclear, the vote shall be recorded as a roll call vote. b. If the Council wishes to enter into a closed session, as allowed by the Utah Open and Public Meetings Act, the decision to enter into a closed meeting must be preceded by an affirmative vote of 2/3 of the Council, unless otherwise provided by law. 8. Reconsideration. Subject to applicable law, the Council may elect to reconsider a matter which was previously acted upon. Reconsideration requires a motion, second, and affirmative vote of the majority. At the time of reconsideration the number of Council members present must be equal to or greater than the number of Council members present when the matter was first considered. Where reconsideration would have the effect of cancelling or abrogating a binding obligation of the City (such as a contract), the presiding officer shall require that the City Attorney provide a legal opinion to the Council on the subject prior to any action on reconsideration. 9. Conduct of Public Hearings. By law the City Council is required to hold a public hearing prior to reaching a decision on certain adjudicatory or other matters. The Council may also elect to hold a public hearing on a matter even if it is not required by law. Public hearings are more formal than other proceedings, and shall be conducted in a manner which respects the due process rights of the applicant and all other participants. The following procedures shall apply to public hearings. a. Where a staff report is generated prior to the public hearing the applicant shall be provided with a copy of the staff report a reasonable period of time prior to the public hearing. b. At the public hearing the matter shall be introduced by staff, followed by testimony from the applicant at their discretion. Interested persons shall then be given the opportunity to provide testimony for or against the matter. At the conclusion of testimony by interested persons the applicant shall be given the opportunity to offer rebuttal testimony. c. Persons providing testimony will be requested to: i) identify themselves; ii) state clearly their position on the matter subject to review; and iii) provide testimony, information, or data in support of their position. Unsupported argument or derogatory comments directed to the matter in question or the applicant are not useful to the Council, and are discouraged. d. Persons other than the applicant may only provide testimony once during a specific public hearing; this applies to hearings that are continued orpostponed to future meetings. The presiding officer has discretion to limit the length of testimony or allocate the available time for the hearing to allow interested persons the opportunity to testify. 3 Page 48 of 104 8-1 Old Business e. All testimony, evidence, documents, photographs, or other information received by the Council shall be entered into the record of proceedings. The Council has discretion to postpone action on a public hearing item, and it may continue to receive additional written comments or other evidence until such time as it closes the public hearing. f. At the conclusion of the public hearing the Council will consider the matter, and Council members may engage in discussion and debate to the extent deemed necessary. Although the rules of evidence do not apply to public hearings, Council members have discretion to weigh the evidence and measure the credibility of the testimony in the manner that they see fit. Irrelevant or incompetent evidence should be disregarded. A final decision may be made in the manner provided for all other decisions, except that the Council may: i) announce its findings in support of the decision orally on the record or; ii) give direction to staff to prepare a written order, permit, or decision consistent with the Council findings, which the Council may adopt or modify as it sees fit. g• 10. Modification of these Rules. To the extent these rules conflict with any other law or statute, the other law or statute shall prevail. The Council or the presiding officer has discretion to modify these rules or the procedures under these rules to the extent necessary to accommodate the needs of a particular situation. The adoption of these rules shall not be deemed to confer any specific substantive or procedural rights upon any person participating at a Council hearing or meeting. 11. Adjournment. The Council may elect to adjourn a meeting without hearing all matters on the agenda if the meeting continues past 10:30 p.m. Matters not heard will be rescheduled on the next available agenda. The Council may also adjourn at any time if disruptive conduct at a meeting prevents orderly action. 12. Expulsion. Pursuant to U.C.A. § 10-3-607 and 608, the Council, by a two-thirds vote, may elect to expel any Council member or member of the public from an open public meeting where that person has engaged in disorderly, abusive, or criminal conduct during a meeting. 13. Subpoena. Pursuant to U.C.A. § 10-3-610 the City Council may direct the City Attorney to issue a subpoena to any person for the purpose of directing that person to appear and give testimony and/or produce records or items of physical evidence as may be necessary in connection with any legislative, adjudicatory, or investigatory matter before the City. The subpoena shall be issued pursuant to the same procedures provided under the Utah Rules of Civil Procedure. 4 Page 49 of 104 8-1 Old Business The foregoing is approved and adopted by action of the Moab City Council, as set forth below. This resolution shall take effect immediately. Mayor Emily S. Niehaus Date Attest: Rachel Stenta, Recorder Date -End of Document- 5 Page 50 of 104 8-1 Old Business Moab City Council Agenda Item Meeting Date: June 12, 2018 Title: Review and possible approval of a settlement in the McElhaney v. City of Moab case. Date Submitted: June 6, 2018 Presenters: Christopher McAnany Attachments: - Draft Conditional Use Permit - Stipulation for Dismissal/Order Suggested Motion: I Move to Approve the Conditional Use Permit authorizing a bed and breakfast facility at too Arches Drive as submitted, and with Case No. 14070048 to be dismissed with prejudice, each party to pay its own costs and fees. Background/Summary: The McElhaney v. City Moab case arose from the City's denial of a conditional use permit to operate a bed and breakfast business at their property located at too Arches Drive. After litigating the issue, the Utah Supreme Court ordered a remand to the City for the purpose of allowing the City to make findings of fact and conclusions of law pertaining to its decision. Following the remand the parties have engaged in settlement discussions, as requested by the Council. The McElhaneys have indicated their willingness to abide by the terms of the Conditional Use Permit (CUP), attached. In summary it would allow a five room bed and breakfast to continue on the property, subject to a number of conditions. This use will be allowed as a non -conforming use, since the City has repealed the ordinance allowing bed and breakfast businesses in that zoning district. Upon abandonment of the use the business will cease. In exchange for issuance of the CUP, the McElhaneys have agreed that the lawsuit will be dismissed with prejudice, each party to pay its own attorney fees and court costs. A copy of the stipulation signed by the McElhaneys' counsel is attached. Going forward, the McElhaneys will be bound by all terms and conditions of the CUP. 1 Page 51 of 104 8-2 Old Business Christopher G. McAnany (7933) Dufford, Waldeck, Milburn & Krohn, LLP 744 Horizon Court, Suite 300 Grand Junction, CO 81506 (970) 241-5500 (970) 248-5862 mcanany(adwmk.com DISTRICT COURT OF THE STATE OF UTAH SEVENTH JUDICIAL DISTRICT GRAND COUNTY JERAMEY McELHANEY and MARY McELHANEY, Petitioners, v. THE CITY OF MOAB and MOAB CITY COUNCIL, Respondents. STIPULATED MOTION FOR DISMISSAL, WITH PREJUDICE Case No. 140700048 The Parties, through undersigned counsel, move for dismissal of this action pursuant to U.R.C.P. 41(a)(2) as follows: 1. The parties have reached an agreement resolving all disputes between them. 2. The parties now wish to have this matter, including all claims which are pending or which could have been brought, dismissed with prejudice, each party to pay their own attorney fees and costs. 3. A conforming order of dismissal is filed with this stipulation. 1 Page 52 of 104 8-2 Old Business WHEREFORE, based upon the foregoing, the parties stipulate to the dismissal of this action, with prejudice, and request that the court issue an order in conformity with this stipulation. Respectfully submitted this day of June, 2018. DUFFORD, WALDECK, MILBURN & KROHN, LLP By: Christopher G. McAnany, #7933 Attorneys for Defendants By: Craig C. Hal Attorney for Yaintiffs CERTIFICATE OF SERVICE I hereby certify that on the day of June, 2018, I served a true and correct copy of the foregoing STIPULATED MOTION FOR DISMISSAL, WITH PREJUDICE upon the person(s) listed below via EFlex procedures as follows: Craig C. Halls, Esq. 403 South Main Street Blanding, UT 84511 Attorneys for Petitioners Is/ Jodi K. Mace Jodi K. Mace, Paralegal 2 Page 53 of 104 8-2 Old Business Christopher G. McAnany (7933) Dufford, Waldeck, Milburn & Krohn, LLP 744 Horizon Court, Suite 300 Grand Junction, CO 81506 (970) 241-5500 (970) 248-5862 mcanany@dwmk.com DISTRICT COURT OF THE STATE OF UTAH SEVENTH JUDICIAL DISTRICT GRAND COUNTY JERAMEY McELHANEY and MARY McELHANEY, Petitioners, v. THE CITY OF MOAB and MOAB CITY COUNCIL, Respondents. ORDER RE: STIPULATED MOTION FOR DISMISSAL, WITH PREJUDICE Case No. 140700048 THE COURT, having reviewed the Stipulated Motion for Dismissal with Prejudice, hereby grants the Motion. This matter is dismissed with prejudice. Each party shall pay its own respective attorney fees and costs incurred in this matter. Dated this day of June, 2018. END OF ORDER SIGNATURE FOR JUDGE ANDERSON TO BE ELECTRONICALLY AFFIXED ABOVE THE CAPTION Page 54 of 104 8-2 Old Business CONDITIONAL USE PERMIT City of Moab, Utah Pursuant to former Moab Municipal Code, § 17.09.530, et seq., the City of Moab (City) hereby issues a conditional use permit (CUP) to Jeramey McElhaney and Mary McElhaney (Applicants) for the establishment of a bed and breakfast facility consisting of not more than five (5) guest bedrooms located at 100 Arches Drive, Tax Parcel No. O1-OMAR-0011 (the Property). Because the City has amended its ordinances pertaining to bed and breakfast uses subsequent to the establishment of the facility on the subject Property, this use is a valid and existing non- conforming use, and the CUP may continue indefinitely, subject to the other terms and conditions specified below: 1. All exterior lighting fixtures shall be downward directed and full cutoff designs as required by MMC Section 17.09.660(H). 2. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street and be kept in good repair. 3. Applicants shall not operate a child day-care business on the Property at any times when this CUP is in force. 4. There shall be no motorized ingress/egress to the Property, except via established City streets (i.e. no trail access to the Property). 5. There shall be no guest vehicle parking, parking of Off Highway Vehicles (OHVs), or trailer parking on Arches Drive. Applicants shall maintain a minimum of five (5) dedicated guest parking spaces located on the Property. 6. The Applicants shall inform guests to observe quiet hours on the Property between the hours of 10:00 p.m. and 7:00 a.m. each day, and all guests shall comply with the Noise Ordinance, MMC Chapter 17.74. 7. Applicants will encourage guests to observe all posted speed limits and traffic rules in the vicinity of Arches Drive. 8. Applicants shall comply with all other applicable ordinances and building codes of the City of Moab. Applicants shall maintain a business license and be responsible for remittance of all applicable sales taxes or other City fees. 9. This CUP shall continue indefinitely, but shall terminate automatically upon the abandonment of the non -conforming use, as provided by applicable law. 10. The City shall be entitled to inspect the Property from time to time for purposes of verifying compliance with this CUP and applicable codes and ordinances. Violation of this CUP, applicable codes, or ordinances may be grounds for revocation, subject to the procedures provided by law. Page 55 of 104 8-2 Old Business McElhaney/City of Moab Conditional Use Permit CITY OF MOAB: By: Title: Mayor Emily Niehaus Attest: By: Rachel Stenta, City Recorder Date APPROVED AND ACCEPTED: Jeramey McElhaney Date Mary McElhaney Date -End of Document - Page 56 of 104 8-2 Old Business Moab City Council Agenda Item Meeting Date: June 12, 2018 Title: Temporary restrictions on use of fireworks within City limits Date Submitted: June 6, 2018 Presenters: David Everitt Attachment: Recommended ordinance Suggested Motion: I Move to Approve Ordinance 2018-13, An Ordinance Imposing a Temporary Ban on the Discharge of Fireworks Within the City. Background/Summary: Historically, fireworks have started dangerous fires in overgrown and riparian areas within the City, including areas near Pack Creek and Mill Creek. This proposed ordinance bans the use of any kind of fireworks in certain areas potentially hazardous areas, and reiterates the State of Utah's ban on "Class C Dangerous Explosive" fireworks throughout the City. 1 Page 57 of 104 9-1 New Business CITY OF MOAB ORDINANCE 2018-13 AN ORDINANCE IMPOSING A TEMPORARY BAN ON THE DISCHARGE OF FIREWORKS WITHIN THE CITY The following findings describe the intent and purpose of this ordinance: a. Section 15A-5-202.5 and 53-7-225 of the Utah Code provides that cities may prohibit the use of ignition sources, including fireworks, in fire risk areas when climatic conditions present a risk of fire. b. The City has serious concerns of the safety and welfare of its residents and visitors. c. Historically, the City has had problems with fireworks starting dangerous fires in overgrown and riparian areas within the City, including areas near Pack Creek and Mill Creek. The City finds that these areas are particularly prone to fire. d. Areas surrounding the City have imposed fire restrictions due to the extremely dry conditions and enhanced risk of fire danger. Fire restrictions are currently in place in the Manti-La National Forest, Bureau of Land Management lands, National Park Service lands, and State of Utah lands in Grand and San Juan Counties. e. The City has determined that due to extreme dry conditions and the enhanced risk of fire danger, the City needs to impose a temporary ban on the discharge of all fireworks in certain areas, including City parks, parkways, and riparian areas, and to prohibit the possession, sale, or discharge of dangerous fireworks in all areas. f. The City has determined that the discharge of aerial and/or explosive fireworks would be careless and negligent given the current conditions. Therefore, the City of Moab enacts the following: 1. Purpose. The purpose of this ordinance is to enact a ban on the discharge of certain fireworks throughout the entire limits of the City of Moab, and to ban the discharge of other types of fireworks in areas that are particularly susceptible to fire, as authorized by U.C.A. § 15A-5-205.5 and § 53-7-225. 2. Definition of Prohibited Fireworks. Fireworks not allowed in City limits (Prohibited Fireworks) include those that fly, explode (report), or travel more than six (6) feet off the ground. Prohibited Fireworks include those identified or defined in U.C.A. § 53-7-202(6)(a) as Class C dangerous explosives. Prohibits Fireworks includes aerial shells, salutes, roman candles, flash shells, comets, mortars, firecrackers, bottle rockets, aerial rockets (including those with fins or sticks for guidance), fireworks containing 500 grams or more of pyrotechnic material, and other similar explosives. 1 Page 58 of 104 9-1 New Business 3. Ban on the Sale, Possession, or Discharge of Prohibited Fireworks. It is unlawful for any person to possess, sell, or discharge any Prohibited Fireworks within the Moab City limits 4. Discharge of all Fireworks Prohibited in Certain Areas. It is unlawful to discharge all other fireworks over or within all City parks, parkways, public trails, pedestrian paths, or over or within two hundred feet of Pack Creek or Mill Creek within the City limits, as shown in the map attached as Exhibit 1. 5. Retailers to Display Maps. All fireworks retailers shall display in a prominent location the maps contained in this ordinance showing the locations where the discharge of fireworks is prohibited. 6. Effective Date. This Ordinance shall take effect immediately upon passage, regardless of the date of publication, and shall continue until repealed. 7. Enforcement. Any person violating this ordinance is guilty of an infraction, which may be punishable by a fine of up to one thousand dollars ($1,000) per violation. Additionally, Prohibited Fireworks are subject to seizure and destruction by law enforcement officials. The Moab Police Department is authorized to carry out and enforce this ordinance. PASSED AND ADOPTED by the Moab City Council on this day of June, 2018. SIGNED: ATTEST Emily S. Niehaus, Mayor Rachel Stenta, Recorder 2 Page 59 of 104 9-1 New Business Moab City Council Agenda Item Meeting Date: June 12, 2018 Title: Designating Depositories for Moab City Financial Accounts Date Submitted: June 7, 2m8 Presenters: Rachel Stenta, City Recorder/Assistant City Manager Attachment: Recommended resolution Suggested Motion: I Move to Approve Resolution #28-2m8 — A Resolution designating depositories for Moab City Financial Accounts Background/Summary: As you may be aware, it is required that individual staff be authorized by the Governing Body to conduct financial transactions through the City's designated financial institutions. Each disbursement of City funds requires two signatures as a control; one from the Recorder's office and one from the Treasurer's office. Whenever there is a change in staff, we are required to add additional authorized staff — in this case adding a Deputy Recorder who was hired last September. Also, previously one alternate signature has been designated in the unlikely event that either the Treasurer department employees are all absent or the Recorder department employees are all absent and a disbursement needs to be made. I am suggesting that that alternate signature be the City Manager until such time that we have a Finance Director. Please let me know if you have any questions. 9-3 New Business 1 Page 60 of 104 RESOLUTION #28-2oi8 A RESOLUTION DESIGNATING DEPOSITORIES FOR MOAB CITY FUNDS Zion's First National Bank 330 South Main Moab, Utah 84532 Wells Fargo Bank 4 North Main Street Moab, Utah 84532 Utah Public Treasurer's Investment Fund E315 State Capitol S.L.C., Utah 84114 WHEREAS, at a Regular Meeting of the Moab City Council of the City of Moab, held on the 12th day of June, 2018, at which a quorum was present, the following officers were duly appointed for the ensuing year and until their successors shall be appointed and shall have qualified; to have signature authority for Moab City Corporation at the above mentioned financial institutions which hold city (public) funds: Treasurer, Jennie Ross Deputy Treasurer, Chantel Lindsay Recorder, Rachel Stenta Deputy Recorder, Danielle Guerrero Deputy Recorder, Jamie Hulce Deputy Recorder, Stephanie Haycock City Manager, David Everitt NOW THEREFORE, BE IT RESOLVED, THAT under the rules of the City of Moab, any funds deposited to its credit with Zion's First National Bank of Moab, Wells Fargo Bank of Moab or Utah Public Treasurer's Investment Fund (PTIF) may be withdrawn by the combined signatures of one (1) of the Recorder or Deputy Recorder and any one (1) Treasurer or Deputy Treasurer who are authorized to endorse and sign checks, drafts, and orders for payment of money in accordance with signature cards accompanying this authorization. In the absence of either both the Recorder and Deputy Recorder or both the Treasurer or Deputy Treasurer, the above mentioned City Manager shall be authorized to endorse and sign checks, drafts, and order for payment of money in accordance with signature cards accompanying this authorization by the combined signatures of one (1) Recorder or Deputy Recorder or (1) Treasurer or Deputy Treasurer and one (1) City Manager. BE IT FURTHER RESOLVED, that as required by the Office of the State Treasurer of Utah, the attached public entity resolution (attachment A) is also adopted by this Resolution of the Governing Body of the City of Moab to certify authorized users for the City of Moab's PTIF Accounts. PASSED, ADOPTED, APPROVED AND EFFECTIVE this 12th day of June, 2018 in open Council at Moab, Utah. Attest: Rachel E. Stenta City Recorder Resolution #28-2018 Page 1 of 1 Approved: Emily S. Niehaus Mayor Page 61 of 104 9-3 New Business Attachment A Office of the Public Entity Resolution State Treasurer 1. Certification of Authorized Individuals I, Emily S. Niehaus (Name) hereby certify that the following are authorized: to add or delete users to access and/or transact with PTIF accounts; to add, delete, or make changes to bank accounts tied to PTIF accounts; to open or close PTIF accounts; and to execute any necessary forms in connection with such changes on behalf of the City of Moab (Name of Legal Entity). Please list at least two individuals. Name Title Email Signature(s) Jennie Ross City Treasurer jennie@moabcity.org Chantel Lindsay Deputy Treasurer clindsay@moabcity.v David Everitt City Manager deveritt@moabcity.ou The authority of the named individuals to act on behalf of the City of Moab (Name of Legal Entity) shall remain in full force and effect until written revocation from the City of Moab (Name of Legal Entity) is delivered to the Office of the State Treasurer. 2. Signature of Authorization I, the undersigned, Mayor (Title) of the above named entity, do hereby certify that the forgoing is a true copy of a resolution adopted by the governing body for banking and investments of said entity on the day of , 20 , at which a quorum was present and voted; that said resolution is now in full force and effect; and that the signatures as shown above are genuine. Signature Date Printed Name Title Emily S. Niehaus Mayor STATE OF UTAH COUNTY OF Subscribed and sworn to me on this day of , 20 , by Emily S. Niehaus (Name), as Mayor (Title) of the City of Moab (Name of Entity), proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (seal) Signature Page 62 of 104 9-3 New Business Moab City Council Agenda Item Meeting Date: May 22, 2018 PL-18-28 #: 9-4 Title: Discussion of an Ordinance to include updated outdoor lighting requirements for Development within the Moab City Limits Date Submitted: May 31, 2018 Applicant: N/A Staff Presenter: Jeff Reinhart, Planning Director Attachment(s): Draft Ordinance Options: None at this time Suggested Motions: N/A discussion only Background/Summary: The intent of the attached draft ordinance is to adopt clear-cut regulations in support of planning commission decisions so they are not made to feel as if they are siding with an applicant. To this end, a well -written lighting ordinance should result in the following: a. Good night vision, with the quantity of light appropriate for the use of the property, b. Confinement of light to the property being lighted, c. Enough light in the Commercial districts to attract customers at night, d. Adequate security lighting without becoming a nuisance to adjoining properties, e. Efficient usage of electricity, f. Adequate, effective, and efficient use of light, where areas are necessary to be lighted, and g. An environment with attractive looking streets, sidewalks and buildings. Since 2008, the City has mandated all developers to submit a lighting plan as part of a proposed commercial site plan. Outdoor lighting fixtures have been required to satisfy the elements of downward directed, full cutoff, fully shielded lighting for all commercial projects and wall mounted floodlights for security or parking areas are not allowed. Prior to that time, the code included language that effectively prohibited commercial lighting from affecting adjacent residential uses. While increases in light trespass from commercial sources has been held at a minimum, residential lighting, until now, has not been addressed and is increasing as a source of light glare. The ordinance contains further protections for residential uses from commercial projects but also covers lighting for the ignored residential uses. Sign lighting is also addressed where glare from transparent backgrounds, up -lighting, and unshielded lighting is concerned. The attached draft has been reviewed on several levels including the local night sky group, Dr. Rosemarie Russo as the city's Sustainability Director, and Dr. John C. Barentine, Director of Conservation, International Dark Sky Association in Tucson, Arizona. His comments have been incorporated into the text in an effort to ensure certification as an IDA International Dark Sky Community designation by 2019. This ordinance will first go before the Planning Commission for a public hearing and then to Council for adoption. A schedule has not yet been determined pending the discussion with Council on June 12, 2018. Page 63 of 104 9-4 New Business DRAFT ORDINANCE #2018-14 AN ORDINANCE AMENDING THE MOAB MUNICIPAL CODE (MMC) WITH THE ADDITION OF A NEW CHAPTER 15.28, OUTDOOR LIGHTING The following findings describe the intent and purpose of this ordinance: a. On July 11, 2017, the City Council adopted the City of Moab General Plan Update that includes the goal to, "Enhance Moab's rural character through protection of the natural darkness of the night sky". b. From time to time the City undertakes to revise its zoning ordinances to improve the quality of life for residents and visitors by conserving the visual, cultural, and natural resources of the area. c. The City has established the goals of: i. Receive IDA International Dark Sky Community designation by 2019; ii. Reduce human caused sky glow as measured at one or more nearby state of federal parks by 20% by 2025. iii. Inventory city owned outdoor lighting, and bring into best practices by June 30, 2018; iv. Support local organizations and efforts to educate about and promote dark skies, and quality outdoor lighting practices; and v. Update and amend the Moab Municipal Code outdoor lighting elements to ensure that new and existing lighting provides for safe and aesthetic illumination, while minimizing light trespass on neighboring properties and upward directed lighting. d. Council believes that changes to the development regulations are necessary to provide clear regulations to serve the needs of the community. e. It is the intent of this Code amendment to encourage lighting practices and systems which will. minimize light pollution, glare, light trespass; reduce greenhouse gases; conserve energy and resources while maintaining night-time safety, utility, security and productivity; and curtail the degradation of the night time visual environment. f. It is recognized that since topographic and atmospheric conditions surrounding the City of Moab are uniquely suited for viewing the night skies. Since National and State Parks are established in the City's vicinity, the City of Moab, through these provisions, promotes the reduction of the impacts of light pollution which interfere with the visual enjoyment of the sky from these public places and within the city. g. The City finds that this ordinance will serve the public health, safety, and welfare, and that adoption is in the best interests of the Moab community and the surrounding areas. h. This ordinance was reviewed by the Planning Commission in a public hearing held on and in a - vote, vote, recommended that City Council approve Ordinance # Sections: 15.28.010 Purpose Chapter 15.28 OUTDOOR LIGHTING , 2017, Page 64 of 104 9-4 New Business 15.28.020 Scope and applicability 15.28.030 Definitions 15.28.040 Full cutoff fixture requirements 15.28.050 General conditions and standards 15.28.060 Specialized outdoor lighting-- conditions and standards 15.28.070 Hillsides, ridgelines, and special cases 15.28.080 Towers 15.28.090 Exemptions 15.28.100 Prohibited lighting 15.28.110 Application and review procedures 15.28.120 Amortization of nonconforming outdoor lighting 15.28.130 Violations 15.28.010 Purpose. The purposes of this chapter are: A. Encourage outdoor lighting practices that will minimize light pollution, glare, light trespass and sky glow to curtail the degradation of the night time visual environment; B. Prevent lighting nuisances on properties located in and adjacent to the City of Moab; C. Promote energy conservation and resources while maintaining night time safety, utility, security, and productivity; D. Maintain an uncluttered nighttime appearance in the city; E. Prevent unnecessary or inappropriate outdoor lighting; F. Minimize nighttime impacts on nocturnal wildlife; G. Maintain the rural atmosphere and village character of the city; and H. Encourage low level outdoor lighting through the use of low wattage bulbs, full cutoff light fixtures, and limits on the location and uses of outdoor lighting; I. Justify the purpose for all lighting. 15.28.020 Scope and applicability. A. Upon adoption, this chapter will apply to all development within the corporate limits of the City of Moab. B. All lighting must be purpose driven and if the reason for the lamp cannot be described, then it is considered non -conforming. C. All exterior outdoor lighting installed after the effective date of this chapter in all zones in the city shall conform to the requirements established by this chapter. This chapter does not apply to indoor lighting. D. All existing outdoor lighting that does not meet the requirements of this chapter and is not exempted by this chapter shall be considered a nonconforming use and as such shall be scheduled for amortization as outlined in Moab Municipal Code (MMC) Section 15.28.220 in this chapter. E. Should this chapter be found to be in conflict with other sections of this code, the more restrictive shall apply. 15.28.030 Definitions. Page 65 of 104 9-4 New Business For the purpose of this chapter, certain words, phrases and terms shall have the meaning assigned to them by this section. "Accent or Architectural Lighting" means lighting of building surfaces, landscape features, statues, and similar items for the purpose of decoration or ornamentation; or lighting that does not contribute to the safety or security of residents, guests, employees, or customers on a property. "Direct Illumination" means illumination resulting from light emitted directly from a lamp, luminary, or reflector. This does not include light reflected from other surfaces such as the ground or building faces. "Floodlight" means a fixture or lamp designed to "flood" an area with light. A specific form of lamp or fixture designed to direct its output in a specific direction. Such lamps are often designated by the manufacturer and are commonly used in residential outdoor lighting. "Full Cutoff Fixture" means an outdoor light fixture designed so that the installed fixture emits no light above the horizontal plane. Full cutoff light fixtures must be shielded in and of themselves. Surrounding structures, like canopies, are not to be considered when determining if the fixture is full cutoff. Full cutoff fixtures must be appropriately mounted so that the shielding prevents light from escaping above the horizontal and all light is directed downward. "Glare" means excessive brightness that causes visual discomfort. "Internally Illuminated" as it relates to signs, means any sign which has a light source entirely enclosed within the sign and not directly visible to the eye. "Light Pollution" means any adverse effect of manmade light. Often used to denote "sky glow" from cities or a city, but also includes glare, light trespass, visual clutter and other adverse effects of lighting. "Light Source" means the part of a lighting fixture that produces light, e.g., the bulb. "Light Trespass" means light falling where it is not wanted or needed. Spill light falling over property lines that illuminates adjacent grounds or buildings in an objectionable manner. "Manufacturer's Catalog Cuts" means a publication or other printed material of a lamp or lighting manufacturer offering visual and technical information about a lighting fixture or lamp. "Outdoor Light Fixture" means an outdoor electrically powered illuminating lamp or similar device used for lighting structures, parking lots, pathways, service canopies, recreational areas, signs or other similar outdoor lighting uses. "Recreational Lighting" means lighting used to illuminate sports fields, ball courts, playgrounds, or similar outdoor recreational facilities. "Security Lights" means lighting designed to illuminate a property or grounds for the purpose of visual security. "Skyglow" means brightening of the night sky over inhabited areas. "Spotlight" means a fixture or lamp designed to light a small area very brightly. See definition of Floodlight. Page 66 of 104 9-4 New Business "Total" means the sum of shielded and unshielded light. "Total outdoor light output" means the total amount of light measured in lumens from all lamps installed in outdoor lighting fixtures. 1. For lamp types that vary in light output as they age (such as fluorescent and high intensity discharge (HID) lamps), the mean lumen output as defined by the manufacturer shall be the lumen value used. 2. The total light output of each outdoor fixture shall be based on the largest lamp that the outdoor fixture is rated to accommodate. For the purpose of compliance with Section 7-8-5 (A), the largest lamp rating for fluorescent, LED, and HID fixtures shall be based on the installed ballast rating. 3. For determining compliance with Section 7-8-5 (A) the total lumens shall be of the sum of the following: a. One hundred (100) percent of the lumens from outdoor light fixtures installed on grade, on poles and installed on the tops or sides of buildings or other structures when not shielded from above by the structure itself. b. Twenty five (25) percent of the lumens from outdoor light fixtures installed under canopies, buildings, overhangs or roof eaves where all parts of the center of the lamp or luminaire are located at least five feet from the nearest edge of the canopy or overhang. c. Fifty (50) percent of the lumens from underwater light fixtures unless the fixture is aimed at an angle of less than forty-five (45) degrees above the horizontal in which case the calculated lumens shall be calculated at ten percent of the rated lamp lumens. "Tower" means any monopole, antenna, or the like that exceeds eighteen feet (18') in height. "Unshielded Fixture" means a fixture that allows light to be emitted above the horizontal either directly from the lamp or indirectly from the fixture or reflector. Any fixture that is not full cutoff. 15.28.040 Full cutoff fixture requirements. A. Required: Unless specifically exempted by this chapter, all outdoor lighting shall use full cutoff fixtures and shall be installed so light is directed downward with no light emitted above the horizontal. Lighting must not be placed at a location, angle, or height that directs illumination outside the property boundaries where the light fixtures are located. B. Characteristics: In order to qualify as a "full cutoff" fixture, a light fixture must have the top and sides made of completely opaque material such that light only escapes through the bottom of the fixture. Fixtures with translucent or transparent sides, or sides with perforations or slits, do not qualify as full cutoff. Any glass or diffuser on the bottom of the fixture must be flush with the fixture (no drop lenses). Merely placing a light fixture under an eave, canopy, patio cover, or other similar cover does not qualify as full cutoff. C. Exemptions to Full Cutoff Fixture Requirements: 1. Fixtures having a total light output less than one thousand (1,000) lumens (allowing a maximum of a 60 watt incandescent, a 15 watt compact fluorescent bulb, or a 13 watt LED) are exempted from the full cutoff requirement provided: Page 67 of 104 9-4 New Business a. The fixture has a top that is completely opaque such that no light is directed upwards. b. The fixture has sides that completely cover the light source and are made of opaque or semi -opaque material. Fixtures with opaque sides may have incidental decorative perforations that emit small amounts of light. Semi -opaque material such as dark tinted glass or translucent plastic may be used if the light source is not discernable behind the material. Completely transparent materials, such as clear or lightly tinted colored glass, are not allowed. c. The light source must not be visible from any point outside the property on which the fixture is located. 2. Spotlights controlled by motion sensors having a light output less than one thousand (1,000) lumens per lamp (allowing a maximum of a 60 watt incandescent, 13 watt LED or a 15 watt compact fluorescent bulb) are exempted from the full cutoff requirement provided: a. The fixture is a spotlight or other type of directed light that shall be directed straight down. b. The fixture must not be placed in such a manner that results in illumination being directed outside the property boundaries where the light fixtures are located. c. The fixture must be hooded or shielded to the extent necessary to prevent glare on adjacent properties or roadways. 3. Pathway lights less than eighteen inches (18") in height are exempted from the full cutoff fixture requirement, if the total light output from each pathway light is less than three hundred (300) lumens. 4. Architectural lights, water feature illumination, and sign illumination are all exempted from the full cutoff fixture requirement, provided such illumination meets all other applicable standards of this chapter. ] 5.28.050 General conditions and standards. A. Minimum Necessary: Outdoor lighting should be the minimum necessary to provide for safety and functionality and the lowest wattage light source necessary for a lighting application should be used. Excessive outdoor lighting and landscape lighting are prohibited. 1. With the establishment of any new subdivision development containing dedication of new street rights -of -way, street lighting shall be installed only when deemed necessary for the health, safety or welfare of pedestrians, bicyclists and/or motorists and, shall be fully shielded, full cutoff, downward directed and adhere to IDA standards. 2. In commercial, industrial, lodging, and multi -family zoning districts, unshielded lighting on a property shall not exceed: a. 50,000 lumens per net acre in commercial, industrial, and lodging zoning districts. b. 20,000 lumens per net acre in multi -family zoning districts. c. Gas stations: under canopy lighting illumination limited to 60 lumens per square foot of canopy; 25% of light under canopies counts towards this cap. 3. When new and existing, publicly -owned buildings and other facilities are modified by physical alterations and/or by a change of use, the installation of additional outdoor lighting fixtures beyond existing installations shall be allowed only when a specific need related to a hazardous nighttime situation is identified by the County and lighting is deemed necessary as a matter of ensuring public safety. Page 68 of 104 9-4 New Business B. Allowable Applications: Outdoor lighting shall only be allowed in the following applications: 1. To illuminate entrances to buildings (including garage entrances). 2. To illuminate pathways and walkways. 3. To illuminate parking areas and parking area access lanes. 4. To illuminate outdoor gathering areas such as patios, pool and hot tub areas, outdoor dining areas, and recreation areas. 5. For security purposes, provided all the following conditions are met: a. The lighting is activated by motion sensors and does not stay on all night. b. The lighting is placed and directed such that no direct illumination falls outside the property boundaries where the security lighting is placed. 6. To illuminate signage. 7. For architectural lighting, provided all of the following conditions are met: a. The property where the architectural lighting is placed is in a commercial zone. b. The architectural lighting is compatible with the purposes of this chapter as determined by the planning commission. c. All architectural lighting is mounted on and directed onto the front of a commercial building facing the street. d. The architectural lighting is sufficiently shielded such that the light source is not visible beyond the property boundaries. e. The architectural lighting is directed such that all light falls on the front of the building, and not on the adjacent ground or into the night sky. f. The architectural lighting uses low wattage light sources. g. The architectural lighting is not used to illuminate landscape, statues, or other similar features. 8. To illuminate outdoor water features, provided all of the following conditions are met: a. The lighting is angled at or below the horizontal plane. b. The lighting is placed underneath or behind the water such that the water diffuses the light from all points where the light is visible. c. Each light source has a total light output of one thousand (1,000) lumens or less. C. Total light output. 1. Commercial. Total outdoor light output, of any development project other than single-family residential shall not exceed one hundred thousand (100,000) lumens per net acre, averaged over the entire property. Streetlights used for illumination of public rights -of -way are excluded from this calculation. 2. Residential. Residential parcels containing more than one (1) acre are allowed twenty thousand (20,000) lumens of lighting. Residential parcels containing one-half (12) acre to one (1) net acre are allowed ten thousand (10,000) lumens of lighting. Residential parcels containing less than one-half (12) acre are allowed seven thousand five hundred (7,500) lumens of lighting. Motion sensing lights shall not be subject to the noted lumen cap." D. Light Curfews: 1. Commercial establishments shall turn off all outdoor lighting, except that listed below, by twelve o'clock (12:00) midnight: a. Lighting to illuminate the entrance to the commercial establishments. b. Parking lot and pathway lighting required for the safety of guests. 2. Recreational lighting (residential and commercial) shall be turned off by eleven o'clock (11:00) P.M. except to conclude a specific sporting event that is underway. Page 69 of 104 9-4 New Business E. All exterior lighting shall utilize light sources not to exceed 2700 kelvin. F. Any new lighting or existing lighting being replaced shall meet the standards for maximum Illuminance output as established by the Illuminating Engineering Society of North America (IESNA). Manufacturer's specification sheets shall be submitted to the planning department for evaluation of compliance with this section. G. Beyond the shielding requirements of this section, all light fixtures on the residential side of commercial property adjacent to residential property shall be full cutoff and shall be a maximum of ten (10) feet above grade at the property line and no higher than a line rising twenty (20) feet above the ten (10) feet until one hundred (100) feet from the property line. All outdoor lighting adjacent to residential areas shall have internal house -side shields. In addition, all residential and commercial luminaires shall be full cut-off within twenty-five (25) feet of adjacent residential property lines. 15.28.060 Specialized outdoor lighting-- conditions and standards. A. Gas Station Canopies: Gas station canopies may be illuminated provided all light fixtures are mounted on the undersurface of the canopy and all light fixtures are full cutoff. There shall be no extension of the bulb or globe shield beneath the finished surface of the canopy. Except for directed beam lighting, merely placing the fixtures on the underside of the canopy does not qualify as fully shielding the light fixture. Directed beam lighting mounted under the canopy is allowed, provided the light source cannot be seen from outside the property boundaries. B. Roadway/Streetlights: Streetlights are prohibited unless recommended by the city engineer or required by UDOT to ensure the safety of the public. All streetlights shall utilize lamp types that are energy efficient and minimize sky glow and other unintended impacts of artificial lighting. For lights along SR-191, the lowest illumination design that meets the minimum illumination requirements set by UDOT shall be used. C. Parking Lots: 1. Spot or flood lighting of parking lots with open wall packs from a building or other structure is prohibited (MMC 17.67, Site Plan Review). 2. The overall height of any light post used to illuminate parking lots in commercial zones shall not exceed fourteen feet (14'). All post mounted parking lot lights shall be set back from property lines a distance equal to two and one-half (21/2) times the height of the pole. 3. The overall height of any light post used to illuminate parking lots in residential zones shall not exceed eight feet (8'). 4. All parking lot lighting shall use full cutoff downward directed and fully shielded fixtures. Such fixtures shall not be angled as to cast light to additional areas of the property. D. Recreational Lighting: 1. The planning commission shall review all requests for new recreational lighting fixtures for fields, courts, arenas, and similar facilities whether public or private. The planning commission shall approve such requests only after finding: Page 70 of 104 9-4 New Business a. The recreational lighting has provisions for minimizing glare, spill light, and "up -light" by the use of louvers, hoods, or shielding. b. The recreational lighting does not exceed illumination levels for class IV sports lighting set by the IESNA. c. The recreational lighting will only illuminate the field, court, or arena area with no direct illumination falling outside of those areas. d. The light source for the recreational light will not be visible from adjacent properties. 2. Pole mounted recreational lighting shall be limited to eighteen feet (18') in height. Pole mounted recreational lighting must be set back a minimum of sixty feet (60') from adjacent properties. 3. The lighting for non -field and non -court areas shall conform to all provisions of this chapter. E. Amphitheater Lighting: Outdoor amphitheaters may use illumination to light the performance area of the amphitheater and for the safety of the public. The following standards apply to all amphitheater lighting: 1. Lighting used to illuminate the performance area must be either directed spotlighting or full cutoff lighting. If directed spotlighting, the light source must be located and designed such that it is not visible beyond the property boundaries. 2. Lighting used to illuminate the performance area may only be turned on during performances or rehearsals. 3. Lighting used to illuminate the seating areas, pathways, and other areas of the amphitheater must meet all standards of this chapter. F. Signs: Signs may be unlighted, lighted externally, lighted internally, or backlit. All sign lighting must be designed, directed, and shielded in such a manner that the light source is not visible beyond the property boundaries where the sign is located. Lighting for signs must be directed such that only the sign face is illuminated. All lighted signs must have stationary and constant lighting (Exhibit A). 1. Standards for Externally Illuminated Signs: a. Lighting for externally illuminated signs must be aimed and shielded so that light is directed only onto the sign face and does not trespass onto adjacent streets, roads or properties or into the night sky. b. Lighting for externally illuminated signs must be mounted at the top of the sign (or within 2 feet of the top of a wall mounted sign), except for freestanding monument style signs which may be illuminated by ground mounted lighting. c. Lighting shall consist of no more than four (4) individual fixtures (or lamps) per sign face and produce a maximum of 40,000 lumens per fixture. Page 71 of 104 9-4 New Business Exhibit A Permitted and Prohibited External Sign Lighting Configurations Allowed Not Allowed Fully f m C y Shielded Fully m v C _ N Shielded Unshielded , a)w U S C Ql VI 2. Standards for Internally Illuminated Signs: a. Only sign copy areas and logos may be illuminated on an internally illuminated sign. b. Internally illuminated signs shall use semi -opaque materials for sign copy such that the light emanating from the sign is diffused. Transparent, white or clear materials are not allowed for sign copy. Non -copy portions of the sign (e.g., background and graphics) shall be made of completely opaque material (Exhibit B). 3. Standards for Backlit Signs: a. Backlit signs shall be designed such that the light source is not visible. b. Backlit sign shall be designed such that harsh, direct illumination does not emanate out of the sign. Rather, the backlighting shall only allow indirect illumination to emanate from the sign. For example, signs that create a "halo" effect around sign copy are allowed. c. Backlit signs shall use low wattage light sources (Exhibit B). Exhibit B Light Background Not Allowed RESTAURANT CAFE Colored Background Allowed GAS STATION 15.28.070 Hillsides, ridgelines, and special cases. Opaque Background Allowed HOTEL Lighting for hillside development as described in MMC 17.55, Hillside Developments, shall meet the requirements of this chapter. In certain cases (such as, but not limited to, properties on or near ridgelines or hillsides), additional shielding may be required to mitigate glare or light trespass. The need for additional shielding will be considered as part of the review process described in MMC Section 15.28.210. Page 72 of 104 9-4 New Business 15.28.080 Towers. A. All monopole, antenna, tower or support facility lighting not required by the federal aviation administration (FAA) or the federal communication commission (FCC) is prohibited. B. When lighting is required by the FAA or the FCC, such lighting shall not exceed the minimum requirements of those agencies. Collision markers should have a dual mode for day and night to minimize impact to the night sky and migrating birds. C. All other lighting used on the property not regulated by the FAA or FCC shall conform to this chapter. 15.28.090 Exemptions. The following shall be exempt from the requirements of this chapter: A. Seasonal lighting using unshielded low -wattage incandescent, LED or Compact Fluorescent Lamps (CFLs) from November 15 to January 15 as long as it does not create a hazard or nuisance from glare. B. Traffic control signals and devices. C. Temporary emergency lighting in use by law enforcement or government agencies or at their direction. D. The lighting of federal or state flags, provided that the light is a narrow beam aimed and shielded to illuminate only the flag. Flag lighting should use appropriate illumination levels to light flag, while at the same time fulfilling the purposes of this chapter. E. Low voltage LED lights and solar lights used to illuminate pathways in residential areas, provided the lights are installed no more than eighteen inches (18") above the adjacent ground level. F. The planning commission, as part of its review as outlined in this chapter, may approve lighting that does not conform to these standards if need is established. An applicant requesting such lighting is required to provide proof of requirements of property insurance or findings of competent research demonstrating the need for the requested lighting. The planning commission may attach other conditions to the approval of such lighting that will make the lighting comply with the spirit of this chapter. 15.28.100 Prohibited lighting. The following are prohibited: A. Up -lighting to illuminate buildings and other structures, or vegetation, except as allowed by Subsection 15.28.050 of this chapter. B. Flashing, blinking, intermittent or other lights that move or give the impression of movement, not including holiday lighting between November 15 and January 15. C. Floodlights or spotlights affixed to buildings for the purpose of lighting parking lots or sales lot display areas. D. Searchlights, laser source lights, mercury vapor lights, or any similar high intensity light. E. Off -site outdoor advertising signs shall not be illuminated between the hours of 11:00 P.M. and sunrise. Page 73 of 104 9-4 New Business Exhibit C Examples of Acceptable ! Unacceptable Lighting Fixtures Unacceptable 1 Discouraged Fixtures at produce glare and light trespass Lvaawa W" Unshielded Floodlights or Poorly -shielded Floodlights Unshielded Wallpacks & Unshielded or Poorly -shielded Wall Mount Fixtures Drop -Lens & Sag -Lens Fixtures wi exposed bulb I retractor lens Unshielded Bollards Louvered 'Marine' style Fixtures Unshielded PAR Floodlights Nm.rerr • Unshielded Streetlight f Unshielded Bern Light Unshielded 'Period' Style Furtures Drop -Lens Canopy ~ " Fixtures Acceptable Fixtures that shield the fight source to minimize glare and light trespass and to facilitate better vision at night Fully Shielded Walipack & Wall Mount Fixtures Full Cutoff Fixtures Fun Cutoff Streetlight Fully Shielded Barn Light Fully Shielded Decorative Fixtures w+c.nimc.c [;Q Fully Shielded Fixtures Fully Shielded Walkway Bollards Fully Shielded 'Period' Style Fixtures omo mwnoa xaonausmv Flush Mounted or Side Shielded Under Canopy Fixtures Shielded ! Properly -aimed PAR Floodlights !Weirdoes by Bah Creih®21%li Rendered for theLvm al Southampton, NY Used with permission Used by premission Page 74 of 104 9-4 New Business 15.28.210 Application and review procedures. A. Lighting Plans Required: All sign permit applications, subdivision applications, building permit applications, and development review applications shall include a lighting plan that shows evidence that the proposed lighting fixtures and light sources shall comply with this code and shall include the following: 1. Plans or drawings indicating the proposed location of lighting fixtures, height of lighting fixtures on the premises, and type of illumination devices, lamps, supports, shielding and reflectors used and installation and electrical details. 2. Illustrations, such as contained in a manufacturer's catalog cuts, of all proposed lighting fixtures. For commercial uses, photometric diagrams of proposed lighting fixtures are also required. In the event photometric diagrams are not available, the applicant must provide sufficient information regarding the light fixture, bulb wattage, and shielding mechanisms for the planning commission to be able to determine compliance with the provisions of this chapter. 3. A table showing the total amount of proposed exterior lights, by fixture type, wattage, lumens, and lamp type. B. Approval Procedure: 1. The lighting plan for all new development shall be submitted for approval concurrent with the associated application process. 2. A certificate of occupancy shall not be issued until such time as the property is subject to a post installation nighttime inspection by the DCD and at least one member of the planning commission. 15.28.220 Amortization of nonconforming outdoor lighting. A. Amortization: The city shall require the termination of use of any and all nonconforming outdoor lighting fixtures, structures, lamps, bulbs or other devices that emit or generate light which are not otherwise exempted by this chapter, pursuant to the amortization schedule contained in this section. B. Schedule of Amortization: All outdoor lighting legally existing and installed prior to the effective date of this chapter and which is not exempted shall be considered nonconforming and shall be brought into compliance by the property owner as follows: 1 Immediate abatement as a condition for approval upon application for a building permit, sign permit, conditional use permit, new (nonrenewal) business license, design development review or similar city permit or review when said site improvements, construction, reconstruction, expansion, alteration or modification of existing sites, structures, or uses individually or cumulatively equal or exceed one thousand five hundred (1,500) square feet. Projects less than one thousand five hundred (1,500) square feet in size will not be subject to immediate abatement. However, they will count towards a cumulative total of projects on the Page 75 of 104 9-4 New Business same property. When the cumulative total equals or exceeds one thousand five hundred (1,500) square feet abatement shall be immediate. 2. All damaged or inoperative nonconforming lighting shall be replaced or repaired only with lighting equipment and fixtures compliant with this chapter. 3. All outdoor lighting not previously scheduled for amortization or otherwise exempted shall be brought into conformance with this chapter within seven (7) years from the effective date of this chapter. C. Audits: The city shall perform two (2) audits of all outdoor lighting in the city, one four (4) years and the other six (6) years after the effective date hereof. These audits will identify all lighting that does not conform to the standards of this chapter. The results of these audits will be made available to the public. 15.28.230 Violations -enforcement. A. The following constitute violations of this chapter: 1. The installation, maintenance, operation, of any lighting fixture not in compliance with the provisions of this chapter. 2. The alteration of outdoor lighting fixtures after a certificate of occupancy has been issued without the review and approval of the planning commission when such alteration does not conform to the provisions of this chapter. 3. Failure to shield, correct, or remove lighting that is installed, operated, maintained or altered in violation of this chapter. B. Violations of this chapter are subject to enforcement as outlined below. 1. Enforcement. The zoning administrator/code enforcement official shall be authorized to enter and periodically inspect all permitted premises for compliance with this section, applicable conditions, and applicable building, fire and health codes. a) Prior to instituting any enforcement action for violations of this code, the zoning administrator shall deliver written notice of the violation to the permit holder. The permit holder shall have a period of not less than ten (10) days in which to abate or correct the violation, which period may be extended by the planning commission upon a showing of good cause. b) Any violation not corrected within the abatement period may, at the option of the city, be subject to administrative, civil, and criminal enforcement. The city may commence a civil action to enjoin or abate any violation of this section. In any civil enforcement action, the city shall be entitled to obtain injunctive relief upon a showing of violation(s) of this section or the applicable conditions of approval. The court may also assess civil penalties of a sum not to exceed one thousand dollars per violation. The city shall be entitled to recover its reasonable attorney fees and court costs in any action in which a violation of this section is established. c) Alternatively, violations of this section are punishable as a Class B misdemeanor, as defined by Utah statute. Page 76 of 104 9-4 New Business AND, FURTHERMORE, Section 17.55.070, Application submittals, paragraph 6. That reads, "Other Information. Other reports, plans, and information as may be deemed necessary by the city staff or planning commission may be required with the application as a condition of the application process." SHALL BE REPEALED AND REPLACED WITH: 6. Lighting and Signage Plan. A lighting and signage plan shall be submitted to the City for review by City Staff and the Planning Commission in accordance with MMC Section 15.28.210, Application and review procedures. The applicant shall adhere to all requirements of Chapter 15.28, Outdoor Lighting. AND, 17.67.040 D, SHALL BE AMENDED TO READ: D. Lighting Plan. The lighting plan shall show number and types of fixtures for walkways, building exterior lighting, and parking areas. An acceptable lighting plan shall consist of full cutoff, fully shielded, downward directed lighting types. The plan shall include manufacturer's information detailing the fixtures to be used. Internal or external shielding may be used to prevent glare toward other properties or into the roadway. Lighting of required parking areas shall be a minimum of one-half foot-candle at all areas of the parking lot. Wall mounted flood lights that direct outward toward other properties and roadways are prohibited. The lighting plan shall be reviewed by City Staff and the Planning Commission for compliance with MMC Chapter 1_.28, Outdoor Lighting. In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the _ day of , 2017. SIGNED: Emily S. Niehaus, Mayor ATTEST: Rachel Stenta, Recorder Page 77 of 104 9-4 New Business Moab City Council Agenda Item Meeting Date: June 12, 2018 #: 9-5 PL-18-29 Title: Consideration to Approve Contracts for Landmark Design and GSBS and the City for Planning Services to Create Small Scale Plans and Provide Other Planning Services as Required Date Submitted: May 31, 2018 Applicant: N/A Staff Presenter: Jeff Reinhart, Planning Director Attachment(s): Firm descriptions, Contracts, Fee Schedules, and Rating Sheet Options: Approve as submitted, deny, or modify. Recommended Motion: I move to approve the on -call Planning Services contracts between the City of Moab and the firms of GSBS and Landmark Design. Background/Summary: The selection team picked two of the seven firms based on the scores as indicated on the attached rating summary sheet. Subsequently, references were contacted and because the firms have different strengths, both were selected. The tasks will be assigned based on the best fit with the level of expertise. The selection team consisted of Chuck Williams (City Engineer), Tif Miller (Recreation Director), Sommar Johnson (Development Services Coordinator), and Jeff Reinhart (Planning Director). The attached information is provided for Council's review. Page 78 of 104 9-5 New Business Contractor: RFP Evaluation Form Planning Services Consultants Evaluator: Date Evaluated: Proposals will be evaluated on "best value" based on the evaluation criteria as stated below. When assessing points, utilize a 1-10 scale which will then be multiplied by the weight assigned. Points Guidance 10 Couldn't imagine a better response to the RFP 9-8 Excellent, insightful response 7-6 More than adequate response 5-4 Adequate response, no special insights 3-2 Inadequate response 1-0 Totally inadequate response 0 No response given Factor Weight Project Team 30% Experience w/similar projects 30% Qualifications 20% Approach 10% Fees 10% Evaluation Criteria Possible Points Points Awarded Multiplier Total Points 1. Project Team A. Size of team, certifications and awards 0-10 B. Team has a broad range of expertise in architecture, landscaping, engineering, traffic, and planning 0-10 C. Information on the completeness and timeliness of the projects and if they were completed within budget; 0-10 2. Experience with Similar Projects A. List of specific pertinent past projects for contractor and subcontractor 0-10 B. Pertinent past projects involving architectural and design services; names of personnel who performed the work; information about completeness and timeliness of the projects and if completed within budget; names and contact information of the projects' owners/developers. 0-10 C. Design for parks and open -space, conceptual plans for development parcels, small area plans for development/redevelopment projects 0-10 3. Qualifications A. Sufficient resources and staff to perform tasks. 0-10 B. Specific qualifications of team members in land use planning, energy efficiency, transportation planning, community engagement, urban design, architecture, sustainability, and project management 0-10 C. Role and responsibilities with respect to other projects 0-10 4. Approach A. Community Input: open houses, online commenting, etc. 0-10 B. Concept Designs to Master Plan final 0-10 C. Implementation 0-10 5. Fees A. Rates shown for each listed team member 0-10 B. Rate Comparisons 0-10 TOTAL SCORE Max. 140 Page 79 of 104 9-5 New Business 1 2 3 4 5 6 7 Central Business District Plan Criteria Review/Weight Firm 30% Qualifications Project 30% Fees 10% Approach 100/0 20% Proposer: Overall Cumulative Scoring Vf 12 3 Q ,^ i u w �, _ = f6 II r i et • a W +� vi u O p y c a E � IA ++ cu .0 Q. '^ \ 3 D. W I '6 y C c C c i a N _ a 7 +., G1 = Ov ai m N = a O . i a v Ts a, t 0n +�+ oc c � Q E 3 +�+ P Exi ,n O t = a a = O c9 N u 2 A = � C a Gl N - No v a C 3 co o GJ E Q' E ul V L .. C a w n N y E ') E CO v o N s N g t) N O O N -. oo '6 R o 1 Interview/Notes Ratings +., C d E E u Ul 0 aJ t bA CO a' Possible Scoring (Ranking Scale) 10 10 10 10 10 10 10 10 10 10 10 10 10 10 Avenue Consultants 80.4 Guidance Points CRSA incomplete 69 g Couldn't imagine a better response to the RFP 10 D+1 Designworks 75.7 Excellent, insightful response 8 to 9 DHM 76.6 More than adequate response 6 to 7 GSBS r 83.2 Adequate response, no special insights 4 to 5 IBI incomplete 70.4 Inadequate response 2 to 3 Landmark Design 82.8 Totally inadequate response 0 to 1 /// //77//// No response given 0 Updated on: 5/21/2018 P:\PLANNING DEPARTMENT\201pWc*6tsl*nall Area Plans\Small Area Plans Moab City Recorder's Office Proposal: Planning Services to Assist the Moab Planning Department Landmark Design Team March 8, 2018 LANDMARK DESIGN Vase -shaped street trees planted in 6' x 6' metal tree grates, 30' o.c. Double -fixture street lights located in at -grade planting beds, 60' o.c. Alternate raised planters between street light planting beds and street tree grates Street Zone 7'min. (on street parallel parking Furnishing encouraged where possible) Zone 'nP Pedestrian Passage Zone b ix, is =4 l' Abair �• 001111 fL`T City of Moab CITY OF M OA B UTAH Page 81 of 104 9-5 New Business Rachel Stenta City Recorder 217 East Center Street Moab, Utah 84532 Proposal for Consulting Services to Assist the Moab Planning Department March 8, 2018 Helping the City Make Coordinated Planning, Design and Implementation Decisions Dear Rachel and Members of the Selection Team: LANDMARK DESIGN Landmark Design LANDSCAPE ARCHITECTURE & PLANNING Artspace Solar Gardens 850 South 400 West I Studio 104 Salt Lake City, Utah 84101 801.474.3300 www.ldi-ut.com Thank you for the opportunity to submit this proposal and approach of the Landmark Design Team for providing assis- tance with park design and the preparation of small area and concept plans for various parcels. We are excited at the prospect of working with Moab City Planning staff, the community and project partners and stakeholders in this effort, and we look forward to a creative and engaging relationship. We have carefully reviewed the RFP and addenda, and have prepared a proposal that is flexible for meeting the needs of projects yet to be determined. To address the range of issues and expertise required we have assembled an experi- enced Planning and Design Team led by Landmark Design, which will serve as project manager and principal planners, landscape architects, park and open space designers, urban designers and public involvement specialists. Our other team members include: Township + Range- mult-modal transportation planning and urban design Sparano + Mooney Architecture — architecture and structures Parametrix- transportation and traffic analysis/engineering Lewis Young Robertson & Burningham, Inc. (LYRB) — economic and market analysis Hansen, Allen & Luce (HAL) - civil engineering and storm water management Van Boerum & Frank Associates, Inc. (VBFA) - electrical and lighting engineers Parametrix, Inc.- cost estimating Each firm offers the experience of Principal and Senior staff members, providing the expertise required for a ramge of likely projects. Our team takes collaboration to a new level, and we will meet regularly to bring our disciplines together, ensuring that creative ideas are maximized. We have collaborated on a range of successful projects in the past, several similar "term" projects, and together we will ensure your needs are met. We are familiar with Moab and are currently working on a green infrastructure project in the heart of downtown. We recognize the unique opportunities and challenges found in the area, and we know how to ensure the various projects are completed as envisioned. Please let us know if you have any questions or require additional input or information, and feel free to call me at any time on my cell phone (801.718.4353) if you require immediate input or information. We appreciate your consideration of our proposal. Respectfully yours, Mark Vlasic, AICP, ASLA, PLA, LEED Green Associate Principal and President/Project Manager Page 82 of 104 9-5 New Business Landmark Design has assembled a complete team of planning, transportation engineering and design professionals to provide the skills required for the various projects anticipated. In addition to the planning, urban design, landscape architecture and public involvement expertise of Landmark Design, our team includes the multi -modal transportation, urban design and engineering services of Township + Range and Parametrix; urban form and architectural guidance of Sparano + Mooney Architecture; economic, market and housing expertise of Lewis, Young, Robertson & Burningham; engineering expertise of Hansen, Allen & Luce and Van Boerum & Frank Associates, and cost estimating by Parametrix Inc. While this team represents the perspectives of several different firms, we have all worked together on similar projects and bring a cohesive and integrated approach. Type of Business: License Number: Primary Contacts: Utah Corporation, Incorporated in 1987 87-0447257 Mark Vlasic will be the primary contact, and Jennifer Hale will be your alternate contact if Mark cannot be reached. Mark Vlasic Principal -in -charge Tel: 801.474.3300 (office) 801.718.4353 (cell) Email: markv@Idi-ut.com Jennifer Hale Project Manager Tel: 801.474.3300 (office) 801.656.9984 (cell) Email: jenniferh@Idi-ut.com Landmark Design was founded in 1987 in Salt Lake City, and has been providing superlative community planning and urban design services to Intermountain clients ever since. We are a Landscape Architecture and Community planning firm located at 850 South 400 West, Studio 104, Salt Lake City, Utah 84101. We currently have eight staff members, including two certified planners (AICP), four professionally licensed landscape architect/planners (PLA), one graduate landscape designer/planner, and support personnel. The firm was founded on a commitment to regionally appropriate and sustainable planning and design solutions. We are a group of creative designers and planners, which allows us to address the many dimensions of urban development, while finding solutions that fit well and which are well -embraced. Our work encompasses a broad range of planning and landscape architectural projects types: • Small Area master planning and urban design • Conceptual planning and implementation facilitation • Parks and trails master planning and design • Community comprehensive plans and general plans Proposal for Consulting Services to Assist the Moab Planning Department Page 83 of 104 Page 1 9-5 New Business CONSULTING SERVICES AGREEMENT THIS CONSULTING SERVICES AGREEMENT ("Agreement"), is made and entered into this day of , 2018, by and between the CITY OF MOAB, a public entity of the State of Utah (the "Department") and Landmark Design, a Utah corporation (the "Consultant"). WITNESSETH WHEREAS, the Department issued a Request for Proposals to Provide Planning Services (the "RFP") soliciting proposals from qualified consultants to provide professional and technical services in connection with various projects to be undertaken by the Department in the next three years; and WHEREAS, Consultant is a planning firm which, based upon its experience, expertise, and the other selection criteria set forth in the RFP, has been selected to advise and assist the Department in its planning objectives. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration, the parties agree as follows: 1. Agreement: This Consulting Services Agreement consists of this document and all subsequent Task Orders issued hereunder. 2. Scope of Services/Coordination: Consultant's Scope of Services ("Services") to the Department consists of individual projects falling under the following categories: a. Design, for parks, and open -space b. Small Area plans for redevelopment projects c. Conceptual plans for large development parcels 3. Task Orders: Individual projects are defined by Task Orders entered into by the parties during the term of this Agreement. All Task Orders are subject to the terms of this Agreement. Each Task Order will be numbered sequentially and will be similar in format to the Sample Task Order form, attached as Exhibit "A." Each Task Order must specify the following: a. A description of work to be completed under the Task Order; b. The date on which the work covered by the Task Order is to begin; c. The date on which the work is to be completed; d. The estimated cost that the Department will be required to pay for Consultant's Services including proposed staff and rates; and e. The maximum cost that the Department will pay for Consultant's Services. Page 84 of 104 9-5 New Business The Consultant may only provide the Services included in a Task Order that has been signed by an authorized representative of the Department and of the Consultant. 4. Compensation and Invoicing: The Consultant agrees to invoice the Department for providing Services under a Task Order according to the approved Billing Rates, attached as Exhibit "B." A Task Order's total invoiced cost may not exceed the maximum cost established within the Task Order. The Department will pay the Consultant any undisputed amount within 3o days of receiving an invoice. If the Department disputes an amount on an invoice, it will provide the Consultant written notice of the dispute within io days or receiving the invoice. Upon resolving the dispute, the Department will pay the Consultant the resolution amount within io days of the resolution. 5. Schedule: Services under this Agreement will begin upon the signing of a Task Order and must be completed in accordance with schedule established in the Task Order. 6. Term of Agreement: This Agreement terminates at 12:59:59 p.m. on July 12, 2020. The parties may mutually extend this Agreement for an additional one-year term if both parties provide written confirmation of the extension prior to the expiration of this Agreement. 7. Amendments: Any change in this Agreement must be mutually agreed upon by the Department and the Consultant and must be set forth in a written amendment to this Agreement. 8. Sub -consultant Agreements: This Agreement will be performed by the Consultant or, at a minimum, under its supervision. All personnel engaged in providing Services must be fully qualified and must be authorized or permitted under State and local law to perform such services. In order to perform one or more of the services listed in the Scope of Services, it may be necessary for the Consultant to retain the professional services of various sub -consultants. The Department has preapproved the sub - consultants and their associated hourly rates as listed in Exhibit "C". For any sub - consultant not listed in Exhibit "C," the Consultant must receive written prior approval from the Department of the unlisted sub -consultant and its associated fees prior to that sub -consultant performing any services under this Agreement. The Department reserves the right to withhold approval of any non-preapproved sub -consultant for any reason. 9. Department's Obligations: (a) The Department will provide, at no expense to the Consultant, such books, maps, records, plans, reports, statistics or other data or information, which are existing, as may be reasonably required by the Consultant to perform the tasks or services within two working days after receipt of a written request by the Consultant for such data. Page 85 of 104 9-5 New Business (b) The Department will promptly review all documents, plan reports, studies, or other submittals from the Consultant. 10. Assignment: The Consultant may not assign any obligation under this Agreement and may not transfer any obligation contained herein whether by assignment or novation. 11. Discrimination: The Consultant must comply with all applicable federal, state, and local employment laws including, but not limited to, those which prohibit discrimination based on one's race, color, sex, age, religion, national origin, disability, pregnancy, familial status, veteran status, genetic information, sexual orientation, or gender identity. 12. Conflicts of Interest: The Consultant represents and warrants that none of its officers, employees, or immediate family members of its officers and employees is or has been an elected official, employee, board member, or commission member of the Department or its affiliates who influences the RFP process, selection of a consultant, or the subsequent written agreement. The Consultant also represents and warrants that it has not provided any compensation in any form, whether directly or indirectly, to an elected official, employee, board member, or commission member of the Department or its affiliates who influences the RFP process, selection of a consultant, or the subsequent written agreement. 13. Status Verification: The Consultant represents and warrants that it and each sub - consultant participates in the Status Verification System as required under the Utah Immigration Accountability and Enforcement Act (UCA 63G-12-ioi et seq.). The Consultant and any sub -consultant must provide certification to the Department of its participation in the Status Verification System prior to performing any Services under this Agreement. 14. Records: The Consultant must maintain complete and accurate records with respect to charges for services and expenses reimbursable under this Agreement. All such records must be maintained on a generally accepted accounting basis and must be clearly identified and available to the Department for audit. The Consultant must provide free access to the representatives of the Department or their appointees at all proper times to such books and records. The Department has the right to examine and audit such books and records, and to make copies and transcripts therefrom as necessary, and to inspect all work data, documents, proceedings, and activities related to this Agreement for a period of three years from the date of final payment under this Agreement. 15. Ownership of Materials: All materials, maps, models and other documentation prepared in providing services pursuant to this Agreement, whether completed or uncompleted, or draft or final, will become the property of the Department and must be submitted to the Department upon completion of each assignment or the earlier termination of the Consultant's services with respect to such assignment. The Architect hereby assigns to the Department all the Architect's ownership and retained rights in Page 86 of 104 9-5 New Business such materials, maps, models and other documentation, including the copyright. The Department will have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Credits for work prepared by the Consultant will be included with all documents issued by the Department. The Consultant retains the right to duplicate and retain copies of all reports, maps and other documents prepared in providing services pursuant to this Agreement. 16. Independent Contractor Relationship: The legal relationship of the Consultant to the Department with respect to the Services required under this Agreement is that of an independent contractor and not as an agent or employee. 17. Representatives and Notices: The following are designated as representatives of the parties to this Agreement: (a) The Department designates Rachel Stenta, City Recorder of the City of Moab, as its representative in all matters under this Agreement and all notices given to the Department must be addressed to the City of Moab, 217 east Center Street, Moab, Utah 84532, Attention: Rachel Stenta, City Recorder. (b) The Consultant designates as its representatives in all matters under this Agreement and all notices sent to the Consultant must be addressed to the above designated representative at 18. Indemnification: The Consultant agrees and covenants to indemnify, and hold harmless the Department and the City of Moab, and their officials, officers, directors, employees, agents, successors and assigns, from and against any and all claims, losses, liabilities, damages, and expenses, including reasonable attorneys' fees, arising out of or based in whole or in part upon: (i) any negligent act, error or omission or intentional misconduct of the Consultant, the Consultant's sub - consultants or their officers, principals, members, partners, employees, agents, successors, executors, administrators or assigns in the performance of services or work pursuant to this Agreement, or (ii) any breach of this Agreement. 19. Termination for Cause: (a) If the Consultant fails to fully perform in a timely and proper manner its obligations under this Agreement, or if the Consultant violates any of the covenants, agreements, or stipulations of this Agreement, the Department will thereupon have the right upon not less than 15 days' prior written notice to terminate this Agreement effective as of the date set forth in such written notice. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Consultant or the Consultant's sub -consultants under this Agreement will, at the option of the Department, be delivered to the Department, and upon payment of all undisputed Page 87 of 104 9-5 New Business amounts for all services satisfactorily performed prior to the effective date of termination. Notwithstanding the above, the Consultant is not relieved of liability to the Department for damages sustained by the Department by virtue of any breach of this Agreement by the Consultant, and the Department may withhold any payments otherwise due to the Consultant until such time as the exact amount of damages due to the Department from the Consultant is determined. (b) If the Department fails to fully perform in a timely and proper manner its obligations under this Agreement, or if the Department violates any of the covenants, agreements or stipulations of this Agreement, the Consultant will thereupon have the right upon not less than 15 days' prior written notice, to terminate this Agreement effective as of the date set forth in such notice. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Consultant under this Agreement will, at the option of the Department, be delivered to the Department, and the Department must pay the Consultant in accordance with this Agreement all undisputed amounts for all services satisfactorily performed prior to the effective date of termination. Notwithstanding the above, the Department will not be relieved of liability to the Consultant for damages sustained by the Consultant by virtue of any breach of this Agreement by the Department. 20. Termination for Convenience: The Department may terminate this Agreement and/or the Services with respect to a project assigned pursuant to this Agreement for its convenience at any time by serving the Consultant with notice in writing stating an effective date of termination at least five days hence, at which time this Agreement and/or the assignment of a project is deemed terminated. If the Department terminates this Agreement and/or an assignment as provided herein, the Consultant will be paid all undisputed amounts for all services rendered and expenses incurred in accordance with this Agreement to the effective date of termination. 21. Compliance with Laws: The Consultant must comply with all applicable federal, state and local laws, ordinances, codes and regulations including, but not limited to, obtaining all applicable licenses and permits to perform Services. 22. Confidentiality: All of the draft and final reports prepared or assembled by the Consultant under this Agreement are confidential until made public by the Department. The Consultant agrees that the draft and final reports may not be made available to any person or organization without the prior written approval of the Department. The Consultant also agrees to keep any information received from the Department confidential unless the Department provides prior written approval authorizing the release of such information. 23. Applicable Law. This Agreement and all transactions contemplated hereunder and/or evidenced hereby is governed by, construed under, and enforced in accordance with the internal laws of the State of Utah without giving effect to any choice of law or Page 88 of 104 9-5 New Business conflict of law rules or provisions, whether of the State of Utah or any other jurisdiction, that would cause the application of the laws of any jurisdiction other than Utah. 24. Attorneys' Fees. If any dispute arises out of the obligations of the Parties under this Agreement or concerning the meaning or interpretation of any provision contained herein, the non -prevailing party will pay the prevailing party's costs and expenses of such litigation including, without limitation, reasonable attorneys' fees. 25. Standard of Care: Consultant represents that the Services performed by Consultant under this Agreement are conducted in a manner consistent with that level of care and skill ordinarily exercised by or under the direction of members of Consultant's profession currently practicing in the same locality and under similar conditions. 26. Insurance: The Consultant must secure and maintain throughout the term of this Agreement and the term of any extension hereof from insurers licensed by the State of Utah and acceptable to Department, the following insurance coverages with insurance limits specified below: a. Workers' Compensation Insurance with statutory limits; b. Employers Liability Insurance with limits of not less than $1,000,000; c. General Liability Insurance with combined single limits of not less than $1,000,000 per claim/annual aggregate; d. Automobile Liability Insurance, including owned, non -owned and hired vehicles, with combined single limits of not less than $1,000,000 per claim/annual aggregate; e. Professional Liability Insurance with limits of not less than $1,000,000 per claim/annual aggregate and a per claim deductible not greater than $25,000, unless approved by the Department in writing, to be maintained continuously for not less than two years after the termination of this Agreement or any extension hereof; f. Valuable Papers and Records Insurance - $50,000 per occurrence; and g. Electronic Data Processing Insurance (Data and Media Coverages) - $5o,000 per occurrence. The Department and City of Moab must be named as additional insureds of the coverages required by Subparagraphs 26c and 26d above. The maintenance in full force and effect of the insurance coverages and limits of liability required by this paragraph 22 is a condition precedent to the Consultant's exercise or enforcement of any rights under this Agreement. The Consultant may not commence services under this Agreement until all the insurance required herein have been obtained by the Consultant. Upon request of the Department, the Consultant shall furnish to the Department Certificates of Insurance verifying that such insurance has been obtained. Such Certificates of Insurance shall incorporate a commitment to provide written notice to the Department at least 3o days prior to any cancellation, non -renewal or material modification of the policies. If the Consultant at any time neglects or refuses to procure the insurance required by this paragraph 22, or should such insurance be cancelled, the Department Page 89 of 104 9-5 New Business has the right, but not the obligation, to procure such insurance at the cost and expense of the Consultant, and the cost thereof may be deducted from any monies then due or thereafter due to the Consultant. If the Department or The City of Moab is damaged by the failure of the Consultant to purchase and maintain the insurance coverage and limits of liability required by this paragraph 26 of this Agreement, the Consultant will bear all reasonable costs, expenses and damages incurred by the Department or The City of Moab arising out of such failure to purchase and maintain the insurance coverage and/or limits of liability required by this paragraph 22. When requested by the Department, the Consultant agrees to make available for inspection and copying by the Department, the original insurance policies required by this paragraph 22, including the declarations page and any endorsements to such policies. 27. Severability: In the event that any provision of this Agreement is held to be void, the voided provision will be considered severable from the remainder of this Agreement and will not affect any other provision in this Agreement. If the provision is invalid due to its scope or breadth, the provision will be considered valid to the extent of the scope or breadth permitted by law. 28. Entire Agreement: This Agreement contains all of the agreements, representations and understandings of the parties hereto and supersedes any previous understandings, commitments, proposals, or agreements whether oral or written, and may only be modified or amended as herein provided; and the parties further agree that the terms and conditions of any order or other instrument issued by either party hereto in connection with this Agreement which are additive to or inconsistent with the provisions of this Agreement, except a duly executed amendment hereto, shall not amend this Agreement. IN WITNESS WHEREFORE, the City of Moab and the Consultant have executed this Agreement the day and year first above written. THE CITY OF MOAB Attest: Consultant Name/Position Page 90 of 104 9-5 New Business EXHIBIT A TASK ORDER Consultant Information Attn: Task Order No. Date: Consultant Project No. This Task Order No. is issued pursuant to our Agreement dated and unless otherwise specified herein, the performance of services hereunder and the payment therefore shall be subject to the terms and conditions of said Agreement. The services authorized hereunder are described below. Description of Services: Billing Procedures: Total Fee: Estimate of Time Starting Date: Owner's Representative: Consultant's Representative: Ending Date: Accepted: Owner: Consultant: Name/Title: Name/Title: Date: Date: Page 91 of 104 9-5 New Business Exhibit B/C Billing Rates Principal Senior Technical/Staff Landmark Design Township + Range Sparano + Mooney Architects Parametrix Lewis, Young, Robertson & Burningham Hansen, Allen & Luce Engineers Van Boerum & Frank Associates Parametrix, Inc. $150 $150 $150 $125 $180 $150 $170 $150 $125 $ 1 3 0 $ 1 0 0 $80 $80 $ 6 5 $140 $100 $125 $80 $135 $80 $125 $60 `' Proposal for Consulting Services to Assist the Moab Planning Department Page 8 Page 92 of 104 9-5 New Business RESPONSE TO REQUEST FOR PROPOSALS Planning Services for MOAB CITY PLANNING March 8, 2018 GSBS��ARCHITECT 5 • Page 93 of 104 9-5 New Business ARCHITECTURE • LANDSCAPE ARCHITECTURE • INTERIOR DESIGN • PLANNING March 8, 2018 Rachel Stenta City Recorder 217 East Center Street Moab, Utah 84532 RE: Proposal for Planning Services Dear Selection Committee Members: GSBS ARCHITECTS The combination of community vision and market driven opportunity can be an effective driver for change in a community. GSBS has experience working closely with urban and rural communities to identify a vision for their future. We also have experience working with developers throughout the region to implement those visions. The combination of community vision and market opportunity can result in livable, vibrant sustainable places that everyone can be proud of. GSBS has experience working with our clients to create such places. GSBS uses a planning and design framework to identify the guiding vision for a place or development and our economic analysis tools to identify the strategies for making it happen. GSBS is a multi -disciplinary firm with the in-house talent and expertise to provide you with parks and open space planning and design, conceptual plans for development parcels and small area plans for redevelopment projects. Our in-house team includes Jesse Allen, AIA, ASLA for placemaking and urban design, Christine Richman, AICP for economic analysis, redevelopment planning, and community engagement, Clio Rayner, AIA, LEED AP BD+C for architecture and energy efficiency, and Ladd Scheiss, ASLA for landscape architecture and parks design. In addition, we have included Tim Sullivan of Township + Range for transportation planning. We have the right team and the right approach to assist you in making decisions and implementing projects. We look forward to working with you to achieve your economic goals by working with you and your development partners to implement the community's vision and take advantage of market -based opportunities. Our team is very excited to have the opportunity to collaborate with you on projects in Moab. Sincerely, David Brems, FAIR, LEED AP BD+C Founding Principal 375 WEST 200 SOUTH 7291 GLENVIEW DRIVE SALT LAKE CITY, UT 84101 FORT WORTH, TX 76180 P 801.521.8600 P 817.589.1722 F 801.521.7913 F 817.595.2915 www.9sbsarchitects.com Page 94 of 104 9-5 New Business FIRM OVERVIEW / TEAM RESUMES I I GSBS��CONSULTING OFFICE LOCATION: 375 West 200 South Salt Lake City, UT 84101 POINT OF CONTACT: Christine Richman P: 801.521.8600 E: CRichman@gsbsconsulting.com IN 2018, GSBS CONSISTS OF A STAFF OF 82 PROFESSIONALS: SALT LAKE CITY 27 Licensed Architects 15 Revit Modelers/ Architectural Interns 4 Landscape Architects 10 Interior Designers 2 Certified Planner 6 Administrators 3 Graphic Illustrators 3 Economic Consultants (GSBS CONSULTING) TEAM MEMBER David Brems GSBS ARCHITECTS Ladd Scheiss GSBS ARCHITECTS Christine Richman GSBS CONSULTING Jesse Allen GSBS ARCHITECTS Clio Rayner GSBS ARCHITECTS Tim Sullivan TOWNSHIP & RANGE FORT WORTH 4 Licensed Architects 6 Architectural Technicians 2 Landscape Architect 1 Administrators MORE RESPONSIBLE 28 LEED Accredited Professionals SERVICE PROVIDED Principal in Charge Director of Design Parks and Open Space Land Use Planning Landscape Architecture Land Use Planning Community Engagement Economic Analysis Real Estate Market Analysis Project Management Urban Design Project Management Energy Efficiency Architecture Sustainability Project Management Transportation Planning CITY OF MOAB // PLANIimCcr6gsvigzfS // GSBS CONSULTING 9-5 New Business CONSULTING SERVICES AGREEMENT THIS CONSULTING SERVICES AGREEMENT ("Agreement"), is made and entered into this day of , 2018, by and between the CITY OF MOAB, a public entity of the State of Utah (the "Department") and GSBS Architects, a Utah corporation (the "Consultant"). WITNESSETH WHEREAS, the Department issued a Request for Proposals to Provide Planning Services (the "RFP") soliciting proposals from qualified consultants to provide professional and technical services in connection with various projects to be undertaken by the Department in the next three years; and WHEREAS, Consultant is a planning firm which, based upon its experience, expertise, and the other selection criteria set forth in the RFP, has been selected to advise and assist the Department in its planning objectives. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration, the parties agree as follows: 1. Agreement: This Consulting Services Agreement consists of this document and all subsequent Task Orders issued hereunder. 2. Scope of Services/Coordination: Consultant's Scope of Services ("Services") to the Department consists of individual projects falling under the following categories: a. Design, for parks, and open -space b. Small Area plans for redevelopment projects c. Conceptual plans for large development parcels 3. Task Orders: Individual projects are defined by Task Orders entered into by the parties during the term of this Agreement. All Task Orders are subject to the terms of this Agreement. Each Task Order will be numbered sequentially and will be similar in format to the Sample Task Order form, attached as Exhibit "A." Each Task Order must specify the following: a. A description of work to be completed under the Task Order; b. The date on which the work covered by the Task Order is to begin; c. The date on which the work is to be completed; d. The estimated cost that the Department will be required to pay for Consultant's Services including proposed staff and rates; and e. The maximum cost that the Department will pay for Consultant's Services. Page 96 of 104 9-5 New Business The Consultant may only provide the Services included in a Task Order that has been signed by an authorized representative of the Department and of the Consultant. 4. Compensation and Invoicing: The Consultant agrees to invoice the Department for providing Services under a Task Order according to the approved Billing Rates, attached as Exhibit "B." A Task Order's total invoiced cost may not exceed the maximum cost established within the Task Order. The Department will pay the Consultant any undisputed amount within 3o days of receiving an invoice. If the Department disputes an amount on an invoice, it will provide the Consultant written notice of the dispute within io days or receiving the invoice. Upon resolving the dispute, the Department will pay the Consultant the resolution amount within io days of the resolution. 5. Schedule: Services under this Agreement will begin upon the signing of a Task Order and must be completed in accordance with schedule established in the Task Order. 6. Term of Agreement: This Agreement terminates at 12:59:59 p.m. on July 12, 2020. The parties may mutually extend this Agreement for an additional one-year term if both parties provide written confirmation of the extension prior to the expiration of this Agreement. 7. Amendments: Any change in this Agreement must be mutually agreed upon by the Department and the Consultant and must be set forth in a written amendment to this Agreement. 8. Sub -consultant Agreements: This Agreement will be performed by the Consultant or, at a minimum, under its supervision. All personnel engaged in providing Services must be fully qualified and must be authorized or permitted under State and local law to perform such services. In order to perform one or more of the services listed in the Scope of Services, it may be necessary for the Consultant to retain the professional services of various sub -consultants. The Department has preapproved the sub - consultants and their associated hourly rates as listed in Exhibit "C". For any sub - consultant not listed in Exhibit "C," the Consultant must receive written prior approval from the Department of the unlisted sub -consultant and its associated fees prior to that sub -consultant performing any services under this Agreement. The Department reserves the right to withhold approval of any non-preapproved sub -consultant for any reason. 9. Department's Obligations: (a) The Department will provide, at no expense to the Consultant, such books, maps, records, plans, reports, statistics or other data or information, which are existing, as may be reasonably required by the Consultant to perform the tasks or services within two working days after receipt of a written request by the Consultant for such data. Page 97 of 104 9-5 New Business (b) The Department will promptly review all documents, plan reports, studies, or other submittals from the Consultant. 10. Assignment: The Consultant may not assign any obligation under this Agreement and may not transfer any obligation contained herein whether by assignment or novation. 11. Discrimination: The Consultant must comply with all applicable federal, state, and local employment laws including, but not limited to, those which prohibit discrimination based on one's race, color, sex, age, religion, national origin, disability, pregnancy, familial status, veteran status, genetic information, sexual orientation, or gender identity. 12. Conflicts of Interest: The Consultant represents and warrants that none of its officers, employees, or immediate family members of its officers and employees is or has been an elected official, employee, board member, or commission member of the Department or its affiliates who influences the RFP process, selection of a consultant, or the subsequent written agreement. The Consultant also represents and warrants that it has not provided any compensation in any form, whether directly or indirectly, to an elected official, employee, board member, or commission member of the Department or its affiliates who influences the RFP process, selection of a consultant, or the subsequent written agreement. 13. Status Verification: The Consultant represents and warrants that it and each sub - consultant participates in the Status Verification System as required under the Utah Immigration Accountability and Enforcement Act (UCA 63G-12-ioi et seq.). The Consultant and any sub -consultant must provide certification to the Department of its participation in the Status Verification System prior to performing any Services under this Agreement. 14. Records: The Consultant must maintain complete and accurate records with respect to charges for services and expenses reimbursable under this Agreement. All such records must be maintained on a generally accepted accounting basis and must be clearly identified and available to the Department for audit. The Consultant must provide free access to the representatives of the Department or their appointees at all proper times to such books and records. The Department has the right to examine and audit such books and records, and to make copies and transcripts therefrom as necessary, and to inspect all work data, documents, proceedings, and activities related to this Agreement for a period of three years from the date of final payment under this Agreement. 15. Ownership of Materials: All materials, maps, models and other documentation prepared in providing services pursuant to this Agreement, whether completed or uncompleted, or draft or final, will become the property of the Department and must be submitted to the Department upon completion of each assignment or the earlier termination of the Consultant's services with respect to such assignment. The Architect hereby assigns to the Department all the Architect's ownership and retained rights in Page 98 of 104 9-5 New Business such materials, maps, models and other documentation, including the copyright. The Department will have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Credits for work prepared by the Consultant will be included with all documents issued by the Department. The Consultant retains the right to duplicate and retain copies of all reports, maps and other documents prepared in providing services pursuant to this Agreement. 16. Independent Contractor Relationship: The legal relationship of the Consultant to the Department with respect to the Services required under this Agreement is that of an independent contractor and not as an agent or employee. 17. Representatives and Notices: The following are designated as representatives of the parties to this Agreement: (a) The Department designates Rachel Stenta, City Recorder of the City of Moab, as its representative in all matters under this Agreement and all notices given to the Department must be addressed to the City of Moab, 217 east Center Street, Moab, Utah 84532, Attention: Rachel Stenta, City Recorder. (b) The Consultant designates as its representatives in all matters under this Agreement and all notices sent to the Consultant must be addressed to the above designated representative at 18. Indemnification: The Consultant agrees and covenants to indemnify, and hold harmless the Department and the City of Moab, and their officials, officers, directors, employees, agents, successors and assigns, from and against any and all claims, losses, liabilities, damages, and expenses, including reasonable attorneys' fees, arising out of or based in whole or in part upon: (i) any negligent act, error or omission or intentional misconduct of the Consultant, the Consultant's sub - consultants or their officers, principals, members, partners, employees, agents, successors, executors, administrators or assigns in the performance of services or work pursuant to this Agreement, or (ii) any breach of this Agreement. 19. Termination for Cause: (a) If the Consultant fails to fully perform in a timely and proper manner its obligations under this Agreement, or if the Consultant violates any of the covenants, agreements, or stipulations of this Agreement, the Department will thereupon have the right upon not less than 15 days' prior written notice to terminate this Agreement effective as of the date set forth in such written notice. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Consultant or the Consultant's sub -consultants under this Agreement will, at the option of the Department, be delivered to the Department, and upon payment of all undisputed Page 99 of 104 9-5 New Business amounts for all services satisfactorily performed prior to the effective date of termination. Notwithstanding the above, the Consultant is not relieved of liability to the Department for damages sustained by the Department by virtue of any breach of this Agreement by the Consultant, and the Department may withhold any payments otherwise due to the Consultant until such time as the exact amount of damages due to the Department from the Consultant is determined. (b) If the Department fails to fully perform in a timely and proper manner its obligations under this Agreement, or if the Department violates any of the covenants, agreements or stipulations of this Agreement, the Consultant will thereupon have the right upon not less than 15 days' prior written notice, to terminate this Agreement effective as of the date set forth in such notice. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Consultant under this Agreement will, at the option of the Department, be delivered to the Department, and the Department must pay the Consultant in accordance with this Agreement all undisputed amounts for all services satisfactorily performed prior to the effective date of termination. Notwithstanding the above, the Department will not be relieved of liability to the Consultant for damages sustained by the Consultant by virtue of any breach of this Agreement by the Department. 20. Termination for Convenience: The Department may terminate this Agreement and/or the Services with respect to a project assigned pursuant to this Agreement for its convenience at any time by serving the Consultant with notice in writing stating an effective date of termination at least five days hence, at which time this Agreement and/or the assignment of a project is deemed terminated. If the Department terminates this Agreement and/or an assignment as provided herein, the Consultant will be paid all undisputed amounts for all services rendered and expenses incurred in accordance with this Agreement to the effective date of termination. 21. Compliance with Laws: The Consultant must comply with all applicable federal, state and local laws, ordinances, codes and regulations including, but not limited to, obtaining all applicable licenses and permits to perform Services. 22. Confidentiality: All of the draft and final reports prepared or assembled by the Consultant under this Agreement are confidential until made public by the Department. The Consultant agrees that the draft and final reports may not be made available to any person or organization without the prior written approval of the Department. The Consultant also agrees to keep any information received from the Department confidential unless the Department provides prior written approval authorizing the release of such information. 23. Applicable Law. This Agreement and all transactions contemplated hereunder and/or evidenced hereby is governed by, construed under, and enforced in accordance with the internal laws of the State of Utah without giving effect to any choice of law or Page 100 of 104 9-5 New Business conflict of law rules or provisions, whether of the State of Utah or any other jurisdiction, that would cause the application of the laws of any jurisdiction other than Utah. 24. Attorneys' Fees. If any dispute arises out of the obligations of the Parties under this Agreement or concerning the meaning or interpretation of any provision contained herein, the non -prevailing party will pay the prevailing party's costs and expenses of such litigation including, without limitation, reasonable attorneys' fees. 25. Standard of Care: Consultant represents that the Services performed by Consultant under this Agreement are conducted in a manner consistent with that level of care and skill ordinarily exercised by or under the direction of members of Consultant's profession currently practicing in the same locality and under similar conditions. 26. Insurance: The Consultant must secure and maintain throughout the term of this Agreement and the term of any extension hereof from insurers licensed by the State of Utah and acceptable to Department, the following insurance coverages with insurance limits specified below: a. Workers' Compensation Insurance with statutory limits; b. Employers Liability Insurance with limits of not less than $1,000,000; c. General Liability Insurance with combined single limits of not less than $1,000,000 per claim/annual aggregate; d. Automobile Liability Insurance, including owned, non -owned and hired vehicles, with combined single limits of not less than $1,000,000 per claim/annual aggregate; e. Professional Liability Insurance with limits of not less than $1,000,000 per claim/annual aggregate and a per claim deductible not greater than $25,000, unless approved by the Department in writing, to be maintained continuously for not less than two years after the termination of this Agreement or any extension hereof; f. Valuable Papers and Records Insurance - $50,000 per occurrence; and g. Electronic Data Processing Insurance (Data and Media Coverages) - $5o,000 per occurrence. The Department and City of Moab must be named as additional insureds of the coverages required by Subparagraphs 26c and 26d above. The maintenance in full force and effect of the insurance coverages and limits of liability required by this paragraph 22 is a condition precedent to the Consultant's exercise or enforcement of any rights under this Agreement. The Consultant may not commence services under this Agreement until all the insurance required herein have been obtained by the Consultant. Upon request of the Department, the Consultant shall furnish to the Department Certificates of Insurance verifying that such insurance has been obtained. Such Certificates of Insurance shall incorporate a commitment to provide written notice to the Department at least 3o days prior to any cancellation, non -renewal or material modification of the policies. If the Consultant at any time neglects or refuses to procure the insurance required by this paragraph 22, or should such insurance be cancelled, the Department Page 101 of 104 9-5 New Business has the right, but not the obligation, to procure such insurance at the cost and expense of the Consultant, and the cost thereof may be deducted from any monies then due or thereafter due to the Consultant. If the Department or The City of Moab is damaged by the failure of the Consultant to purchase and maintain the insurance coverage and limits of liability required by this paragraph 26 of this Agreement, the Consultant will bear all reasonable costs, expenses and damages incurred by the Department or The City of Moab arising out of such failure to purchase and maintain the insurance coverage and/or limits of liability required by this paragraph 22. When requested by the Department, the Consultant agrees to make available for inspection and copying by the Department, the original insurance policies required by this paragraph 22, including the declarations page and any endorsements to such policies. 27. Severability: In the event that any provision of this Agreement is held to be void, the voided provision will be considered severable from the remainder of this Agreement and will not affect any other provision in this Agreement. If the provision is invalid due to its scope or breadth, the provision will be considered valid to the extent of the scope or breadth permitted by law. 28. Entire Agreement: This Agreement contains all of the agreements, representations and understandings of the parties hereto and supersedes any previous understandings, commitments, proposals, or agreements whether oral or written, and may only be modified or amended as herein provided; and the parties further agree that the terms and conditions of any order or other instrument issued by either party hereto in connection with this Agreement which are additive to or inconsistent with the provisions of this Agreement, except a duly executed amendment hereto, shall not amend this Agreement. IN WITNESS WHEREFORE, the City of Moab and the Consultant have executed this Agreement the day and year first above written. THE CITY OF MOAB Attest: Consultant Name/Position Page 102 of 104 9-5 New Business EXHIBIT A TASK ORDER Consultant Information Attn: Task Order No. Date: Consultant Project No. This Task Order No. is issued pursuant to our Agreement dated and unless otherwise specified herein, the performance of services hereunder and the payment therefore shall be subject to the terms and conditions of said Agreement. The services authorized hereunder are described below. Description of Services: Billing Procedures: Total Fee: Estimate of Time Starting Date: Owner's Representative: Consultant's Representative: Ending Date: Accepted: Owner: Consultant: Name/Title: Name/Title: Date: Date: Page 103 of 104 9-5 New Business A surcharge will be billed in addition to Standard Hourly Rate for computer renderings, models, mock-ups & graphic presentations. Charge to be determined at the time of the request for specific services. TOWNSHIP & RANGE COMMUNITY PLANNING Exhibit B BILLING RATES GSBS CONSULTING Architect 1 $235.00 Architect 2 $155.00 Architect 3 $125.00 Architect 4 $105.00 Landscape Architect 1 $155.00 Landscape Architect 2 $125.00 Landscape Architect 3 $105.00 Landscape Architect 4 $75.00 Urban Planner 1 $155.00 Urban Planner 2 $125.00 Planning Specialist 1 $180.00 Planning Specialist 2 $115.00 Planning Specialist 3 $90.00 Planning Specialist 4 $75.00 Planning Intern 1 $60.00 Planning Intern 2 $45.00 Architectural Illustrator* $135.00 Graphic Designer 1* $125.00 Graphic Designer 2* $85.00 Architectural Technician 1 $105.00 Architectural Technician 2 $95.00 Architectural Technician 3 $75.00 Architectural Technician 4 $65.00 Architectural Technician 5 $55.00 Office Technician 1 $65.00 Office Technician 2 $55.00 Office Technician 3 $45.00 Exhibit C Principal $125 Page 104 of 104 9-5 New Business