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PKT-CC-2017-08-22
Moab City Council August 22, 2017 Pre -Council Workshop 5:45 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 58 Page 2 of 58 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, August 22, 2017 at 5:45 p.m. ..........................................•••••••••••••••••••••••••••• 5:45 p.m. 6:15 p.m. 6:45 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: Workshop — City Manager Recruitment Workshop — Solid Waste Collection Contract Discussion Workshop — Review of Downtown Master Plan Request for Proposals (RFP) CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 August 8, 2017 CITIZENS TO BE HEARD PROCLAMATIONS None PRESENTATIONS 4-1 Police Officer Recognition by Police Chief Jim Winder 4-2 A Presentation by the South Eastern Utah Association of Local Government Regarding the Community Development Block Grant Progam SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) None SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Other Half Expo, October 14, 2017 at the Grand Center 6-1.1 Approval of a Special Events License for Mad Moose Events 6-2 Dead Horse Ultra Running Event Expo, November 17, 2017 at the Moab Arts and Recreation Center 6-2.1 Approval of a Special Event License for Mad Moose Events 6-3 Winter Sun 10K Running Event Expo, December 2, 2017 at the Grand County Hight School 6-3.1 Approval of Special Event License for Mad Moose Events 6-4 Moab Pride Festival and Visibility March, September 30, 2017 at the Swanny City Park and Portions of City Streets 6-4.1 Approval of a Special Event License for Moab Pride 6-4.2 Request for a Fee Waiver in the amount of $805.00 Page 3 of 58 SECTION 7: NEW BUSINESS 7-1 Canvass of the Moab Primary Election — The Canvassing of Votes from the Moab City Primary Election held on August 15, 2017. This is for the final audit, including those who voted absent and provisional ballots 7-2 First Reading and Possible Approval of Proposed Ordinance #2017-34 — An Ordinance Amending the Municipal Code to Permit Serving of Alcohol at Public Events Held on Certain City Properties 7-3 Approval of Proposed Resolution #49-2017 — A Resolution Conditionally Approving the Site Plan/Final Plat for Phase 7 of the Moab Springs Ranch Planned Unit Development Located in the C-4 Zone at 1266 North Main Street 7-4 Approval of the First Amendment to a Development Improvements Agreement for Sleep Inn Main Stay Suites — JPK TR Moab II, LLC 7-5 Approval of Proposed Resolution #51-2017 — A Resolution Updating the City of Moab's 2017-2018 Permanent Community Impact Board Comprehensive Projects List 7-6 Approval of Proposed Resolution #50-2017 — A Resolution Authorizing the Current City Manager on Behalf of the City of Moab to Enter into a Contract for the Provision of Future City Manager Recruitment Services SECTION 8: ADMINISTRATIVE REPORTS SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: READING OF CORRESPONDENCE SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 12: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 4 of 58 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING AUGUST 8, 2017 Regular Meeting & Attendance: The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre -Council Workshop: Mayor David Sakrison called the Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Councilmember Rani Derasary was absent. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Public Works Director Pat Dean, City Treasurer Jennie Ross, City Engineer Chuck Williams, Planning Director Jeff Reinhart, Police Chief Jim Winder, Assistant City Engineer Mark Jolissaint, Assistant City Engineer Eric Johanson, Recorder Assistant Eve Tallman, and Parks, Recreation, and Trails Director Tif Miller. The Workshop consisted of a review of agenda items, including a discussion of setbacks, building height, and solar access. Councilmember Jones raised a concern about buildings shadowing adjacent properties and blocking the sun for both solar photovoltaic and passive solar architecture. City Planner Reinhart asked for clarification about what the Council was interested in regulating, including trees on adjacent properties. Councilmember Ershadi asked if the Planning Department had considered building heights and shadows previously. Councilmember Bailey stated the topic had come up before. Councilmember Knuteson-Boyd asked if the sole concern surrounding these setbacks was regarding solar access. Councilmember Ershadi suggested that a report of the pros and cons of density versus solar access would be appreciated. Mayor Sakrison asked if having general language would be sufficient, and City Attorney McAnany replied that hard and fast rules would be appropriate. Next, Mayor Sakrison introduced Chuck Williams, the newly -hired City Engineer. Councilmember Jones asked about the City's storm drainage master plan. City Manager Everitt stated this planning was nearly complete. Williams added the 100% design drawings were being reviewed by staff. Williams also announced design workshops to be held on August 15 and 16 for the 100 South street improvements. Regular Meeting Called to Order: Mayor Sakrison called the Regular City Council Meeting to order at 6:58 PM and led the Pledge of Allegiance. Fourteen members of the public and media were present. Approval of Minutes: Councilmember Jones moved to approve the minutes of the July 11, 18, and 25, 2017 meetings. Councilmember Bailey seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Presentation: Mayor Sakrison was presented with a plaque by Michael Grange, Section Manager for Construction Assistance for the Utah Division of Drinking Water in honor of his service on the Utah Drinking Water Board. Special Events/Vendors/Beer Licenses: Family Fun Night Celebration —Approved Page 1 of 4 August 8, 2017 Page 5 of 58 1-1 Minutes Motion and Vote: Councilmember Bailey moved to approve a special event license and park use permit for the Family Fun Night Celebration, September 16, 2017 at Center Street Ball Fields, including a request for a fee waiver. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd and Ershadi voting aye. Moab Folk Festival —Approved Motion and Vote: Councilmember Jones moved to approve licenses and permits, including conditional approval of a Park Alcohol Permit, with conditions, for the Moab Folk Festival, October 29 to November 6, 2017 at Various Locations. Councilmember Bailey seconded the motion. Folk Festival Director Melissa Schmaedick made a presentation on the fifteen -year history of the event and the upcoming festival. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd and Ershadi voting aye. Atomic Coffee Vendor License — Approved (:44 on recording) Motion and Vote: Councilmember Jones moved to approve a Vendor License for Tim Buckingham, doing business as Atomic Coffee, located at 1393 N Highway 191 for a term of August 9, 2017 to November 30, 2017. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd and Ershadi voting aye. The Book Girl Solicitor's License —Approved Motion and Vote: Councilmember Jones moved to approve a Solicitor's License for Liisi Jantra, doing business as The Book Girl, to conduct residential area door-to-door sales. Councilmember Knuteson- Boyd seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Old Business: Wastewater Design Criteria Manual — Approved Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #46-2017 — A Resolution Adopting the Water System Design Criteria Manual, Wastewater System Design Criteria Manual and American Public Works Association (APWA) Manual of Standard Specifications (Utah Chapter). Councilmember Bailey seconded the motion. Councilmember Ershadi asked about provisions involving graywater in the manual. Assistant City Engineer Jolissaint replied that the definition of graywater was expanded to include examples from the state code had been incorporated into the manual. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd and Ershadi voting aye. New Business: 048 on recording) Residential Area Regulations Amendments — Approved Motion and Vote: Councilmember Jones moved to approve Proposed Ordinance #2017-27 — An Ordinance To Amend Chapter 17.15.050 Of The Moab Municipal Code By Revising Yard Setbacks, Maximum Lot Coverage, And Some Building Heights In The Schedule Of Residential Area Regulations, To Correct The Designation Of Which Text Should Control, And To Delete Additional Provisions Listed After The Schedule. Councilmember Knuteson-Boyd seconded the motion. City Planner Reinhart made a brief presentation of the proposed changes. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd and Ershadi voting aye. Page 2 of 4 August 8, 2017 Page 6 of 58 1-1 Minutes Lot Coverage Amendments — Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve Proposed Ordinance #2017-28 — An Ordinance To Amend Chapter 17.09.560.A By Increasing The Maximum Lot Coverage For All Buildings On A Lot, In The Chapter Regarding Accessory Structures. Councilmember Jones seconded the motion. Planner Reinhart presented the proposed changes. Councilmember Ershadi asked about the seventy-five percent lot coverage rule, and Planner Reinhart explained actual Moab conditions were examined and considered for this percentage. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson- Boyd and Ershadi voting aye. Setback Amendments — Approved (:56 on recording) Motion and Vote: Councilmember Knuteson-Boyd moved to approve Proposed Ordinance #2017-29 — An Ordinance To Amend Chapter 17.09.560.B By Decreasing The Setbacks For Accessory Structures, And Clarifying What Is Considered The "Principal Structure." Councilmember Jones seconded the motion. Planner Reinhart explained there is a graduated setback built in to this proposed code to account for building height near property lines. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd and Ershadi voting aye. Bowen Collins Task Order —Approved Motion and Vote: Councilmember Jones moved to approve a Task Order with Bowen Collins for Work on the Bridge Project at 200 South, Bullick/Cross Creeks Park with a fiscal impact of $4,100. Councilmember Knuteson-Boyd seconded the motion. Councilmember Ershadi requested an update on the status of easements. City Manager Everitt clarified that the easement issues were related to the 100 West bridge area. Parks, Recreation, and Trails Director Miller added that the easements involved were for construction only. Councilmember Ershadi also asked about details regarding the fee and Miller responded that the Task Order involved design for relocation of the bridge as well as mitigation work regarding the endangered bird species. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd and Ershadi voting aye. Administrative Reports: (1:02 on recording) City Manager Everitt reported on the 100 South street improvement project and reiterated the dates of the design workshops to be held August 15 and 16. Everitt also provided an update on the City Manager recruitment process, noting a request for qualifications for recruitment firms has been prepared, with a goal of awarding a contract at the next Council meeting. The Downtown Plan Request for Proposals has also been drafted, Everitt explained, and in the near future the Council would be discussing matters related to the management of solid waste. Mayor and Council Reports: Mayor Sakrison reported that he and City Manager Everitt had met with the County to discuss the Rally on the Rocks special event. The Mayor and City Recorder/Assistant City Manager Stenta reported on the Rocky Mountain Power dashboard and the progress the City has made toward the 100 percent renewable energy goal. Mayor Page 3 of 4 August 8, 2017 Page 7 of 58 1-1 Minutes Sakrison stated Moab is currently at 12 percent and the Moab City municipality is at 35 percent. Stenta noted the City Hall geothermal heating and cooling system offset has not yet been incorporated into the percentage. Further discussion ensued about the City's hybrid vehicles and subscriber solar. Mayor Sakrison noted he had signed a collaborative letter with Park City and Salt Lake City for an application to the National Renewable Energy Laboratory (NREL) Solar Energy Innovation Network. The Mayor also mentioned the Wattsmart Cities Incentives program. He indicated Moab had been selected to "lead the charge" for renewables and saving energy. Councilmember Jones reported on a meeting he had with County Councilmembers Curtis Wells and Mary McGann, along with City staff, to collaborate and coordinate economic development efforts. He noted that the County's Community Development Director, Zacharia Levine, had been leading economic development efforts and there was an effort to formalize this role in his job description and to secure assistance for him in this role. Councilmember Jones also mentioned an effort to pay for the Film Commission with Transient Room Tax revenues. Councilmember Ershadi reported on a meeting of the homeless coordinating committee. She stated the group would discuss priorities at a meeting with Police Chief Jim Winder. Councilmember Bailey asked if an assessment of the community's homeless population had been done, and if there was a sense whether the homeless population was comprised of transients or local homeless persons. Councilmember Ershadi noted that Sharon Relph at the Interact Club is involved with a survey of homeless persons once a year. Approval of Bills Against the City of Moab: Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $366,594.37. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Jones and Knuteson-Boyd voting aye. Executive Session: At 7:49 PM, Councilmember Jones moved to enter an Executive Closed Session to Discuss Pending or Reasonably Imminent Litigation. Councilmember Bailey seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd and Ershadi voting aye. The Executive Closed Session was entered into at 7:51 PM. Councilmember Bailey moved to end the Executive Closed Session and enter into open session. Councilmember Ershadi seconded the motion. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd and Ershadi voting aye. The Executive Closed Session ended at 8:12 PM. Adjournment: Councilmember Bailey moved to adjourn the meeting. Councilmember Ershadi seconded the motion. Mayor Sakrison adjourned the meeting at 8:13 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 4 of 4 August 8, 2017 Page 8 of 58 1-1 Minutes Agenda Summary Sheet Council Meeting Date: August 22, 2017 #: 6-1 Title: Approval of Permit for Mad Moose Events to hold the Other Half Running Event Expo on October 14, 2017 at the Grand Center. Fiscal Impact: This event requires minimal city services for support. Staff Presenter(s): Carmella Galley Department: Administration Applicant: Justin Ricks/Mad Moose Events Background/Summary: The Other Half has been a recurring event for a number of years. This year a new organizer has taken it on. The Expo will be held at the Grand Center this year. The running event itself will take place along Highway 128. The City Special Events Committee has reviewed the application for the Other Half Expo and has informed the organizer of the following conditions: 1. A staggered pick up for the 13oo participants. 2. No parking on 5oo West. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of this event license with the above conditions. Recommended Motion: "I move to approve the requested permit for the Other Half Expo with the conditions outlined in the Agenda Summary. Attachment(s): ✓ Special Event Application Page 9 of 58 6-1 Special Events/Vendors/Beer Licenses Date DATE LAID: AMOUNT PAID: RECEIPT No.: 1-N-11 1W ?010$1 CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-51211 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: Level 1-$200.00 760 Level 2-$400.00 LICENSE #: ZONE: NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: o -\A-.,e. ' r4 0, - r;v5hci C:,? �f 1Z7 TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: f O �• -rov1A ANTICIPATED # OF EVENT PARTICIPANTS: I.3 U v EVENT SPONSOR'S NAME: ‘Ark c�� tOcc.5c1- U•+e..45 SPONSOR'S ADDRESS: _4-4-0 4?VQ CONTACT'S EMAIL ADDRESS: lAAdlR7ac'Se LLieYx �1lrtcl PHONE: --Per -^-fr-q CITY: M.0r• % STATE: LZ' ZIP: gsti-5 Z THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL_ IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF LICENSE WILL BE DE YED. .---�R/ C. INVE J ._S - . , c 1r J HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB PLFn SF PR)MT NAME(S) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFOR TIO CONTAINED HEREIN IS TRUE_ INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATIO NNq AO �R. State of Utah of Sponso } ) SS County of Grand ) SUBCRIBED AND SWORN to before me this 1 P day of NOTARY PUBLIC LAUREN KENNEDY 682536 COMMISSION EXPIRES APRIL B, 2019 STATE OF UTAH SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 10 of 58 Rev. 45/2017 6-1 Special Events/Vendors/Beer Licenses ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Page 11 of 58 Rev:6/20I7 6-1 Special Events/Vendors/Beer Licenses Carmella Galley <carmella@moabcity.org> TOH Grand Rental 1 message Justin Ricks <jtruns@yahoo.com> Fri, Jul 28, 2017 at 6:15 AM To: Carmella Galley <cgalley@moabcity.org> See the contract below for Grand Rental. Thanks! Justin Ricks Mad Moose Events www.madmooseevents.com Begin forwarded message: From: Loretta Eastwood <LEastwood@grandcountyutah.net> Date: July 27, 2017 at 3:50:17 PM MDT To: 'jtruns@yahoo.com" <jtruns@yahoo.com> Subject: Contract Good Afternoon, I am not sure what you need to state that you can use the conference room for the Other Half, but here is a contract. I hope that works Lorette Eastwood Facility Coordinator Grand Center 435-259-6623 2 attachments image001.jpg 13K Page 12 of 58 6-1 Special Events/Vendors/Beer Licenses Agenda Summary Sheet Council Meeting Date: August 22, 2017 #: 6-2 Title: Approval of Permit for Mad Moose Events to hold the Dead Horse Ultra Running Event Expo on November 17, 2017 at the MARC. Fiscal Impact: This event requires minimal city services for support through the MARC. Staff Presenter(s): Carmella Galley Department: Administration Applicant: Justin Ricks/Mad Moose Events Background/Summary: The Dead Horse Ultra was created to feature the Magnificent Seven Trails off Gemini Bridges. The Expo will be held at the MARC. The City Special Events Committee has reviewed the application for the Other Half Expo and has informed the organizer of the following condition: 1. Parking at the MARC will be reassessed after the event to make sure that holding the event at this location is not an issue for citizens. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of this event license. Recommended Motion: "I move to approve the requested permit for the Dead Horse Ultra with the conditions outlined in the Agenda Summary. Attachment(s): ✓ Special Event Application Page 13 of 58 6-2 Special Events/Vendors/Beer Licenses DATE PAID: AMOUNT PAID: LiaD ►P RECEIPT NO.: 2-07 O cm of MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: Level 1-$200.00 7 Level2-$400.00 LICENSE #: ZONE: NAME OF EVENT: ]�ecd of 5 Q - ( +_ t / 6 DESCRIPTION OF EVENT: TC frk"Ci C iZ 5" r( 1'y y�1ij 5 �+ �L+ rj 11+✓J 1 \ c,'` e04:6A , g Y LOCATION OF EVENT: ``(2.eWL ."1 R✓i eS ` J PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED OF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: �a v EVENT SPONSORS NAME: j ikL. c1 CL PHONE: SPONSORS ADDRESS: '( 's� d � J-n6 LA CITY: �c? c� STATE: 1/4.A` ZIP: ?CY' 5- 3 C -� t9 zy —QS'a / CONTACT'S EMAIL ADDRESS: 1,4„ Ist Q Se . Qi U�Y�l I gyp` . 5 / ,- / THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF ArLLIICENSE WILL BE DELAYE IIWE 1 `-S y +" S HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB PLEASE PRINT NAME 51 CITY SPECIAL EVENT 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. IIWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOC..A.DCIN AND SPQNSOR. ignaulre of Sponsor State of Utah SS County of Grand SUBCRIBED AND SWORN to before me this day of L-e-7 NOTARY PUBLIC LAUREN KENNEDY 682536 COMMISSION EXPIRES APRIL 6, 2019 STATE OF UTAH SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 14 of 58 Rev. 6/2017 6-2 Special Events/Vendors/Beer Licenses ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED O NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Rev:6/20I7 Page 15 of 58 6-2 Special Events/Vendors/Beer Licenses Agenda Summary Sheet Council Meeting Date: August 22, 2017 #: 6-3 Title: Approval of Permit for Mad Moose Events to hold the Winter Sun 10 K Running Event on Saturday, December 2, 2017. Fiscal Impact: This event requires minimal city services for support. Staff Presenter(s): Carmella Galley Department: Administration Applicant: Justin Ricks/Mad Moose Events Background/Summary: The Winter Sun ZoK has been a recurring event for a number of years. This year a new organizer, Mad Moose Events, has taken it on. The event starts at the Golf Course and continues to Grand County High School using portions of the Mill Creek Parkway. The City Special Events Committee has reviewed the application for the Winter Sun ZoK and has informed the organizer of the following condition: 1. As participants reach the races end at the high school we request that they continue to use the pathway and travel under 40o East to avoid any vehicular traffic. 2. Permission from the Golf Course to use their facility. 3. Permission from High School to use their facility. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of this event license. Recommended Motion: "I move to approve the requested permit for the Winter Sun ZoKwith the conditions outlined in the Agenda Summary. Attachment(s): ✓ Special Event Application ✓ Map of course within City ✓ Permissions from other facilities Page 16 of 58 6-3 Special Events/Vendors/Beer Licenses Page 17 of 58 Page 18 of 58 Page 19 of 58 Carmella Galley <carmella@moabcity.org> Winter Sun 10k 1 message Justin Ricks <jtruns@yahoo.com>Wed, Jul 26, 2017 at 2:39 PM To: Carmella Galley <cgalley@moabcity.org> See the message below for the golf course. Justin Ricks Mad Moose Events www.madmooseevents.com From: "Moab Golf" <moabgolf@citlink.net> Date: July 13, 2017 at 2:15:05 PM MDT To: "'Justin Ricks'" <jtruns@yahoo.com> Subject: RE: Winter Sun 10k The use of the parking lot on Dec 2 is fine. Thanks, Robert Jones, PGA Moab Golf Club -----Original Message----- From: Justin Ricks [mailto:jtruns@yahoo.com] Sent: Thursday, July 13, 2017 1:17 PM To: moabgolf@citlink.net Subject: Winter Sun 10k Hey Rob, Thanks for chatting with me this morning. I need to get an email stating that it's okay to use the parking lot for our Winter Sun 10k on December 2nd. Thanks again! Justin Ricks Mad Moose Events www.madmooseevents.com Page 20 of 58 Page 21 of 58 Title: Approval of an Event License for the Moab Pride Festival and Parade to be held at Swanny City Park and portions of the City streets for the parade on Saturday, September 30, 2017. Fiscal Impact: Will require services of the Police Department for traffic control during the march. The organizers are also requesting fee waivers in the amount of $805.00. Level II Event- $400 Park Fees- $105 (Resident more than 25% of park for 4-8 hours) Park Damage/ Cleanup Deposit (300+ people) $300 $805 Staff Presenter(s): Carmella Galley Department: Administration Applicant: N/A Background/Summary: This event is an established, annual community event with a new set of organizers this year. Last year the venue was Moab Valley Multicultural Center, this year the event will return to Swanny City Park. The march will follow the same route as in the past with a shift in direction and will start at 12:00 pm. The Festival will run from 9:00 am until 8:00 p.m. The applicant has provided information about the Pride Festival’s providing benefits to the community. Options: Approve, deny, or modify. Agenda Summary Sheet Council Meeting Date: August 22, 2017 #: 6-4 Page 22 of 58 Staff Recommendation: The Special Events Committee has reviewed the application and conferred with the organizers and feels the following items have been addressed: 1.The Police Department has specifically requested that there be nostalling or purposefully holding up traffic while crossing Main Street.2.The event organizer will coordinate with the Police Department onspecific traffic control needs.3.The event organizer will provide a list of event vendors to the City priorto the event, and an updated list after the event.4.The event organizer will provide replenishment of restroom suppliesthroughout the event.5.The event organizer will provide for event clean-up and recycling.6.The Parks Department requires pop-up tents to be anchored downwithout the use of stakes.7.The organizers will need to coordinate with the Health Department onvendors providing food. Recommended Motion: “I move to approve the required permit for the Moab Pride March and Moab Pride Festival to be held on September 30, 2017, with staff recommended conditions. Attachment(s): -Event Application-Park Use Application-Fee Waiver Request-Organizer’s Mission Statement Page 23 of 58 " D A T E P A I D : A M O U N T P A I D : R E C E I P T N o . : C I T Y O F M O A B S P E C I A L E V E N T L I C E N S E A P P L I C A T I O N 2 1 7 E A S T C E N T E R S T R E E T M O A B , U T A H 8 4 5 3 2 ( 4 3 5 ) 2 5 9 - 5 1 2 1 / F A X ( 4 3 5 ) 2 5 9 - 4 1 3 5 P L E A S E M A K E C H E C K S P A Y A B L E T O : C I T Y O F M O A B S P E C I A L E V E N T F E E : L e v e l 1 - $ 2 0 0 . 0 0 L e v e l 2 - $ 4 0 0 . 0 0 L I C E N S E # : Z O N E : N A M E O F E V E N T : } / \ M Y J P < t - c l L t t S - \ \ v ? A - , \ �� V 1 ��' t 0 i L : K J M ( ; \ , V C N " ) D E S C R I P T I O N O F E V E N T : i f i l t C M e x t \ v e . ' 6 \ r t , S + M \ J S \ k k s + - c a , \ p J , ; 7 r ��r f 1 �� l - G i t s \ G U A - + o . . / h t s L O C A T I O N O F E V E N T : ( ) 0 W �� ! ' . i Y . ) r . P R E M I S E S T O B E U S E D : D A T E ( S ) A N D T ��M E ( S ) O F E V E N T : " E v E N T S P o N s o R ' s N A M E : M o r i h P t J d . , _ z _ _ _ S P O N S O R ' S A D D R E S S : 3 7 5 . ) . M c A i V l S ' - t - - F F 2 - �� C I T Y : c o N T A c T ' s E M A I L A D D R E s s : M S t - e . N J 0 v d Q v ' V \ . g ) t . \ . b c q . 6 1 P H O N E : �� S T A T E : v : r Z I P : f L f 6 _ 3 1 - T H I S F O R M I S A N A P P L I C A T I O N F O R A S P E C I A L E V E N T L I C E N S E . T H E A C T U A L L I C E N S E W I L L B E I S S U E D A F T E R C I T Y S T A F F O R C I T Y C O U N C I L A P P R O V A L . I T I S U N L A W F U L T O E N G A G E I N S U C H A C T I V I T Y W I T H I N T H E C I T Y W I T H O U T F I R S T O B T A I N I N G A L I C E N S E . A L L I N F O R M A T I O N M U S T B E A C C U R A T E L Y C O M P L E T E D O R T H E I S S U A N C E O F A L I C E N S E W I L L B E D E L A Y E D . , m E H : e ��e - , n ��o . d ' I M a < A h P o ��E R E B Y A G R E E r n c o N D U C T S A I D S P E C I A L E V E N T s T R I C T L y I N A C C O R D A N C E W I T H T H E M o A B P L E A S E P R / H T N A M E ( i f i C I T Y S P E C I A L E V E N T L I C E N S E R E G U L A T I O N S A S S E T F O R T H I N T H E M O A B C I T Y C O D E , O R D I N A N C E S A N D R E S O L U T I O N S , A N D S W E A R U N D E R P E N A L T Y O F L A W T H E I N F O R M A T I O N C O N T A I N E D H E R E I N I S T R U E . I / W E U N D E R S T A N D T H I S L I C E N S E I S N O N � T R A N S F E R A B L E A N D V A L I D O N L Y F O R T H E A B O V E M E N T I O N E D L O C A T I O N A N D S P O N S O R �� ? ' , �� S t a t e o f U t a h C o u n t y o f G r a n d s s S U B C R I B E D A N D S W O R N t o b e f o r e m l j l t h i s - - - � ; N O T A R Y P U B L I C 1 f D a t o S E E B A C K O F F O R M F O R A D D I T I O N A L R E Q U I R E M E N T S ! R l ' V . 6 1 2 0 1 7 u n d e r 3 0 0 P a g e 2 4 o f 5 8 Page 25 of 58 Page 26 of 58 Page 27 of 58 Page 28 of 58 Page 29 of 58 Page 30 of 58 Page 31 of 58 Page 32 of 58 Page 33 of 58 Page 34 of 58 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 8/10/2017 Central Utah Insurance Agency LLC PO Box 877 23 S 100 East Moab UT 84532 Renee Troutt (435)259-5981 (435)259-5457 renee@insuremoab.com Canyonlands Arts Council, DBA: Moab Pride 375 S Main Ste 368 Moab UT 84532 PHILADELPHIA INSURANCE COMPANI CL1781000955 A x X EV19645 9/28/2017 9/30/2017 1,000,000 100,000 0 1,000,000 3,000,000 3,000,000 Special Event Liability Renee Troutt/RENEERenee Troutt/RENEE City of Moab 217 E Center St Moab, UT 84532 accountspayable@moabcity.o Page 35 of 58 1 CITY OF MOAB ORDINANCE NO. 2017-34 AN ORDINANCE AMENDING THE MUNICIPAL CODE TO PERMIT SERVING OF ALCOHOL AT PUBLIC EVENTS HELD ON CERTAIN CITY PROPERIES The following describes the intent and purpose of this ordinance: a.The Moab Municipal Code regulates the serving, sale, and consumption of alcohol in public places pursuant to § 5.09.010 et seq. and §12.20.040; b.The Moab Municipal Code permits the licensing of special events pursuant to §5.09.010 et seq.; c.The City has determined that it is appropriate to clarify its ordinances to permit the serving, sale, and consumption of alcohol at events held at certain City venues, subject to a number of requirements; and d.The City periodically updates its ordinances for consistency and clarity. Therefore, MMC § 5.20.660 is hereby amended as follows: 5.20.660 Consumption of alcohol in public places. A. No person shall consume, serve, or distribute alcoholic beverages in a public street, sidewalk, alley, building, park, or facility, except in conformity with the provisions of this section. Violation of this subsection is a strict liability offense punishable as a Class C misdemeanor. B. No event sponsor or other person shall charge an admission fee or otherwise charge a price for alcoholic beverages served and consumed in any public place, except in conformity with the provisions of this section. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. C.Private Events at the MARC. The serving and consumption of alcoholic beverages is permitted at the Moab Arts and Recreation Center at privately hosted social gatherings not open to the public, provided each of the following requirements are met: 1. The event sponsor executes a public facility use agreement and agrees to indemnify and hold the City harmless from all liability associated with the serving or consumption of alcoholic beverages at the facility; 2. The event sponsor pays the rental fee for use of the facility, as established from time to time by City Council resolution; 3. The event sponsor complies with the public facility use agreement and rental terms, City code provisions, and state laws concerning the consumption and distribution of alcohol; and Page 36 of 58 2 4. The event is concluded by eleven p.m. D.Public Alcohol Events at Certain Parks. The serving, consumption and sale of alcoholic beverages may be permitted by the City Council at Swanny City Park, the Center Street Ballfields, or Old City Park, provided each of the following requirements are met: 1. The event sponsor obtains the applicable state of Utah single event alcohol permit or temporary special event beer permit and abides by all terms and conditions of the state of Utah permit; 2. The event sponsor obtains the applicable City of Moab alcohol licenses; 3. The event sponsor obtains a City of Moab special event license pursuant to Chapter 5.09; . 4. The event sponsor executes a a public facility use agreement and agrees to indemnify and hold the City harmless from all liability associated with the serving or consumption of alcoholic beverages at the facility; 5. The serving of alcohol is limited to the hours of ten a.m. until seven p.m.; and 6. Areas designated for the serving of alcoholic beverages are located at least one hundred feet away from designated playgrounds, the skatepark, the Moab Recreation and Aquatic Center, or similar facilities. E.Alcohol Events on Public Streets. The serving, consumption and sale of alcoholic beverages may be permitted by the City Council on a public street provided each of the following requirements are met: 1. The event sponsor obtains the applicable state of Utah single event alcohol permit or temporary special event beer permit and abides by all terms and conditions of the permit; 2. The event sponsor obtains the applicable city of Moab alcohol licenses; 3. The event sponsor obtains City Council approval of a special event license (Level II) pursuant to Chapter 5.09; and 4. The serving of alcohol is limited to the hours of ten a.m. until nine p.m. F.Public Alcohol Events at the MARC. The serving, consumption and sale of alcoholic beverages to the public may be permitted by the City Council at the Moab Arts and Recreation Center provided each of the following requirements are met: Page 37 of 58 3 1. The event sponsor obtains the applicable state of Utah single event alcohol permit or temporary special event beer permit and abides by all terms and conditions of the state of Utah permit; 2. The event sponsor obtains the applicable city of Moab alcohol licenses; 3. The event sponsor obtains a city of Moab special event license pursuant to Chapter 5.09; 4. The event sponsor executes a public facility use agreement and agrees to indemnify and hold the city harmless from all liability associated with the serving or consumption of alcoholic beverages at the facility; 5. The event sponsor pays the rental fee for use of the facility, as established from time to time by City Council resolution; 6. The event sponsor complies with all public facility use agreement and rental terms, City code provisions, and state laws concerning the consumption and distribution of alcohol; and 7. The event is concluded by eleven p.m. G. Public Alcohol Events at County Facilities. The serving, consumption and sale of alcoholic beverages to the public at county-owned facilities within the City may be permitted by the City provided each of the following conditions are met: 1. The event sponsor obtains approval from Grand County; 2. The event sponsor obtains the applicable state of Utah single event permit or temporary special event beer permit and abides by all terms and conditions of the state of Utah permit; 3. The event sponsor obtains the applicable city of Moab alcohol licenses; and 4. The event sponsor obtains a city of Moab special event license pursuant to Chapter 5.09. H. A “privately hosted social gathering” shall be defined as any social, recreational, or business event for which all or a portion of the Moab Arts and Recreation Center or Grand County facility has been leased or licensed, in advance, and the event or function is limited in attendance to people who have been specifically designated, by invitation or otherwise, and their guests. Privately hosted social gatherings shall not in any case be defined to include any event to which the public is invited, whether by advertisement or otherwise, or events where an admission fee is charged. Page 38 of 58 4 I. No City employee, agent, or volunteer shall consume alcoholic beverages or participate in the serving or distribution of alcoholic beverages at any gathering authorized pursuant to this chapter while on duty or acting in an official capacity on behalf of city. Nothing in this subsection shall prohibit a City employee, agent, or volunteer from consuming or distributing alcoholic beverages at an event where such person is a guest or event participant. J. To be eligible for any license or permit pursuant to this Chapter, an “event sponsor” shall be a natural person twenty-one years of age or older. K. No person shall allow or permit the serving of alcoholic beverages to any person under twenty-one years of age. All persons involved in the serving or distribution of alcoholic beverages do so under the supervision and direction of the event sponsor, who shall be personally responsible for compliance with all applicable public facility use agreement, City code, and state law provisions. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. L. The city manager shall be authorized to promulgate such other and additional terms and conditions upon the use and occupancy of public facilities as may be deemed necessary and appropriate, depending upon the nature of the event planned. These additional terms may include, but shall not be limited to: 1. Limitations as to hours of operation; 2. Limits on the occupancy or total numbers of guests; 3. Security requirements; 4. Parking limitations; and 5. Any conditions reasonably related to the safety of event participants and the safety and peace of the general public. M.Any City enforcement officer may enter the premises of any event permitted under this section at any time to determine compliance with all applicable laws and conditions. Any law enforcement officer who reasonably believes that an event is out of compliance with applicable laws and conditions shall have the authority to curtail or terminate the event. (Ord. 12-12 (part), 2012: Ord. 99-03 (part), 1999: Ord. 85-09 (part), 1985: prior code § 3-4-11) Page 39 of 58 5 Approved and adopted by the Moab City Council this ____ day of August, 2017. By:_________________________ David L. Sakrison, Mayor Attest: By:_________________________ Rachel Stenta, Recorder Page 40 of 58 1 CITY OF MOAB ORDINANCE NO. 2017-________ AN ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING TO PERMIT THE SERVING OF ALCOHOL AT PUBLIC EVENTS HELD ON CERTAIN CITY PROPERIESTY The following describes the intent and purpose of this ordinance: a. The Moab Municipal Code regulates the serving, sale, and consumption of alcohol in public places pursuant to Sections § 5.09.010 et seq. and §12.20.040; b. The Moab Municipal Code permits the licensing of alcohol at special events pursuant to Section §5.09.010 et seq.; c. The City has determined that it is appropriate to clarify its ordinances to permit the serving, sale, and consumption of alcohol at events held at certain City venueson public property, subject to a number of requirements; and d. The City periodically updates its ordinances for consistency and clarity. Therefore, MMC § 5.20.660 is hereby amended as follows: 5.20.660 Consumption of alcohol in public places. A. No person shall consume, serve, or distribute alcoholic beverages in a public street, sidewalk, alley, building, park, or facility, except in conformity with the provisions of this section. Violation of this subsection is a strict liability offense punishable as a Class C misdemeanor. B.No event sponsor or other person shall charge an admission fee or otherwise charge a price for alcoholic beverages served and consumed in any public place, except in conformity with the provisions of this section. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. C.Private Events at the MARC. The serving and consumption of alcoholic beverages may beis permitted at the Moab Arts and Recreation Center at privately hosted social gatherings not open to the public, provided each of the following requirements are met: 1.The event sponsor executes a n alcohol event public facility use agreement license with Moab Arts and Recreation Center staff and agrees to indemnify and hold the cCity harmless from all liability associated with the serving or consumption of alcoholic beverages at the facility;. 2.The event sponsor pays the rental fee for use of the facility, as established from time to time by City cCouncil resolution;. Page 41 of 58 2 3. The event sponsor complies with all the public facility use agreement license and rental terms and policies, cCity regulations and code provisions, and state laws concerning the consumption and distribution of alcohol;. and 4. The private Alcohol events at the MARC is shall concluded by eleven p.m. D. Public Alcohol Events at Certain Parks. The serving, consumption and sale of alcoholic beverages may be permitted by the cCity cCouncil at Swanny City Park, and the Center Street Ballfields, or Old City Park, provided each of the following requirements are met: 1. The event sponsor obtains the applicable a state of Utah single event alcohol permit or temporary special event beer permit and abides by all terms and conditions of the state of Utah permit;. 2. The event sponsor obtains anythe applicable cCity of Moab alcohol licenses;. 3. The event sponsor obtains a cCity of Moab special event business license pursuant to Chapter 5.09; that provides detailed information about the event. 4. The event sponsor executes a obtains a city of Moab public facility park use permit agreement and agrees to indemnify and hold the City harmless from all liability associated with the serving or consumption of alcoholic beverages at the facility; for Swanny Park that provides detailed information about the use of the park. 5. The event sponsor obtains a park alcohol permit. 65. The Permitted alcohol events at Swanny City Park and the Center Street Ballpark shall limit the serving of alcohol is limited to the hours of ten a.m. until seven p.m.; and 76. Areas designated for the serving of alcoholic beverages shall beare located at least one hundred feet away from designated playgrounds, the skatepark, and the Moab Recreation and Aquatic Center, or similar facilities.. E. Alcohol Events on Public Streets. The serving, consumption and sale of alcoholic beverages may be permitted by the cCity cCouncil on a public street provided each of the following requirements isare met: 1. The event sponsor obtains the applicable a state of Utah single event alcohol permit or temporary special event beer permit and abides by all terms and conditions of the permit;. Page 42 of 58 3 2.The event sponsor obtains anythe applicable city of Moab alcohol licenses;. 3.The event sponsor obtains a cCity Council approval of a of Moab special event business license (Level II) pursuant to Chapter 5.09;that provides detailed information about the event. and 4.The event sponsor obtains permission from the Moab city council to temporarily close the street in question to regular vehicular traffic. 5.Permitted alcohol events on city streets shall limit tThe serving of alcohol is limited to the hours of ten a.m. until nine p.m. F.Public Alcohol Events at the MARC. The serving, consumption and sale of alcoholic beverages to the public may be permitted by the cCity cCouncil at the Moab Arts and Recreation Center provided each of the following rrequirements is are met: 1.The event sponsor obtains the applicable a state of Utah single event alcohol permit or temporary special event beer permit and abides by all terms and conditions of the state of Utah permit; 2.The event sponsor obtains any the applicable city of Moab alcohol licenses; 3. The event sponsor obtains a city of Moab special event business license that provides detailed information about the event pursuant to Chapter 5.09; 4.The event sponsor executes an alcohol event use license with Moab Arts and Recreation Center staff a public facility use agreement and agrees to indemnify and hold the city harmless from all liability associated with the serving or consumption of alcoholic beverages at the facility; 5.The event sponsor pays the rental fee for use of the facility, as established from time to time by City cCouncil resolution; and 6.The event sponsor complies with all license public facility use agreement and rental terms and policies, cCity regulations and code provisions, and state laws concerning the consumption and distribution of alcohol;. and 7.The public Alcohol events at the MARC is shall concluded by eleven p.m. G.Public Alcohol Events at County Facilities. The serving, consumption and sale of alcoholic beverages to the public at county-owned facilities within the Ccity limits may be permitted by the cCity council provided each of the following conditions isare met: Page 43 of 58 4 1. The event sponsor obtains approval from Grand County;. 2. The event sponsor obtains the applicable a state of Utah single event permit or temporary special event beer permit and abides by all terms and conditions of the state of Utah permit;. 3. The event sponsor obtains any the applicable city of Moab alcohol licenses;. and 4. The event sponsor obtains a city of Moab special event business license pursuant to Chapter 5.09. that provides detailed information about the event. H. The serving and consumption of alcohol at privately hosted social gatherings not open to the public may be permitted at county-owned facilities provided each of the following conditions is met: 1. The event sponsor obtains approval from Grand County and follows all applicable policies and procedures.[Deleted as unnecessary] IH. A “privately hosted social gathering” shall be defined as any social, recreational, or business event for which all or a portion of the Moab Arts and Recreation Center or Grand County facility has been leased or licensed, in advance, and the event or function is limited in attendance to people who have been specifically designated, by invitation or otherwise, and their guests. Privately hosted social gatherings shall not in any case be defined to include any event to which the public is invited, whether by advertisement or otherwise, or events where an admission fee is charged. JI. No cCity employee, agent, or volunteer shall consume alcoholic beverages or participate in the serving or distribution of alcoholic beverages at any gathering authorized pursuant to this chapter while on duty or acting in an official capacity on behalf of city. Nothing in this subsection shall prohibit a cCity employee, agent, or volunteer from consuming or distributing alcoholic beverages at an event where such person is a guest or event participant. KJ. To be eligible for any license or permit pursuant to this cChapter, an “event sponsor” shall be a natural person twenty-one years of age or older. LK. No person shall allow or permit the serving of alcoholic beverages to any person under twenty-one years of age. All persons involved in the serving or distribution of alcoholic beverages do so under the supervision and direction of the event sponsor, who shall be personally responsible for compliance with all applicable public facility use agreementlicense, cCity code, and state law provisions. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. Page 44 of 58 5 ML. The city manager shall be authorized to promulgate such other and additional terms and conditions upon the use and occupancy of thepublic facilities as may be deemed necessary and appropriate, depending upon the nature of the event planned. These additional terms may include, but shall not be limited to: 1. Limitations as to hours of operation; 2. Limits on the occupancy or total numbers of guests; 3. Security requirements; 4. Parking limitations; and 5. Any conditions reasonably related to the safety of event participants and the safety and peace of the general public. NM. Any cCity enforcement officer may enter the premises of any event permitted under this section at any time to determine compliance with all applicable laws and conditions. Any law enforcement officer who reasonably believes deems that an event is out of compliance with applicable laws and conditions shall have the authority to curtail or terminate the event. (Ord. 12-12 (part), 2012: Ord. 99-03 (part), 1999: Ord. 85-09 (part), 1985: prior code § 3-4-11) Approved and adopted by the Moab City Council this ____ day of August, 2017. By:_________________________ David L. Sakrison, Mayor Attest: By:_________________________ Rachel Stenta, Recorder Formatted: Font: (Default) Arial, 10 pt Page 45 of 58 8/4/2017 City of Moab Mail - Re: Moab City - Certificate of Liability Insurance 2017 https://mail.google.com/mail/u/0/?ui=2&ik=0bf0a4325f&jsver=1KukmJVEMCA.en.&view=pt&search=inbox&th=15da9491e7175672&siml=15da9491e7…1/2 Rachel Stenta <rstenta@moabcity.org> Re: Moab City - Certificate of Liability Insurance 2017 1 message Darin Palmer <darin@utahtrust.gov>Thu, Aug 3, 2017 at 12:08 PM To: Rachel Stenta <rstenta@moabcity.org>, deveritt@moabcity.org Rachel, Thanks for your question. Yes, the certificate is evidence of coverage for the city’s events with alcohol. In your previous email you questioned coverage based on an exclusion. However, the exclusion is followed up with clarifying language which brings coverage back in. The policy reads as follows: “This exclusion does not apply to formally sanctioned events open to the general public where the sale or distribution of alcohol is specifically authorized by the Insured and is done in accordance with the laws of the State of Utah…” So, when events are authorized by the city and follow State laws etc, you can have full confidence the City is protected. It might also be helpful to know that liability policies customarily list exclusions, and then bring coverage back in using clarifying language to help avoid ambiguity. With that said, I asked our underwriting department to send you a certificate of insurance evidencing coverage for alcohol to help satisfy any concerns from you or your council. Let me know if there is anything further we can assist with. Thanks, DARIN G. PALMER Account Executive, Marketing m 385.206.9122 darin@utahtrust.gov UTAH LOCAL GOVERNMENTS TRUST 55 South Highway 89, North Salt Lake, UT 84054 o 801.936.6400 t 800.748.4440 f 801.936.0300 www.utahtrust.gov Training & Events - - - - - - - - - - - - - - - - - - - - - - - - - CONFIDENTIALITY NOTE: This email and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this email or any attachment is prohibited. If you receive this email in error, please notify us immediately by returning it to sender and delete this copy from your system. On Aug 3, 2017, at 10:30 AM, Rachel Stenta <rstenta@moabcity.org> wrote: Hi Jessica: Thanks for the certificate. Is this in response to our question regarding our coverage for alcohol related events? If so can we have something more detailed from the Trust outlining our coverage for public events on City property in which the City is the alcohol license holder and organizer? Thank you. Rachel E. Stenta Moab City Recorder Assistant City Manager (435) 259-2683 On Thu, Aug 3, 2017 at 9:51 AM, Jessica Bounsanga <jessica@utahtrust.gov> wrote: Hi Rachel, Please see attached for Moab City’s certificate of liability. Page 46 of 58 8/4/2017 City of Moab Mail - Re: Moab City - Certificate of Liability Insurance 2017 https://mail.google.com/mail/u/0/?ui=2&ik=0bf0a4325f&jsver=1KukmJVEMCA.en.&view=pt&search=inbox&th=15da9491e7175672&siml=15da9491e7…2/2 If there is anything else you need please let us know! Thank you, JESSICA BOUNSANGA Underwriting Intern jessica@utahtrust.gov UTAH LOCAL GOVERNMENTS TRUST 55 South Highway 89, North Salt Lake, UT 84054 o 801.936.6400 t 800.748.4440 f 801.936.0300 www.utahtrust.gov Training & Events - - - - - - - - - - - - - - - - - - - - - - - - - CONFIDENTIALITY NOTE: This email and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this email or any attachment is prohibited. If you receive this email in error, please notify us immediately by returning it to sender and delete this copy from your system. Page 47 of 58 Moab City Council Agenda Item Meeting Date: July 25, 2017 #:7-3 Pl-17-121 Title: Adoption of Resolution #49-2017 to Conditionally Approve the Final Plat of Phase 7 of the Moab Springs Ranch PUD Located at 1266 North HWY 191 in the C-4 Zoning District as Referred to Council by the Planning and Zoning Commission Date Submitted: July 15, 2017 Staff Presenter: Jeff Reinhart, City Planner Attachment(s): Proposed Site Plan/Final Plat and Resolution #49-2017 Options: Approve, deny, or modify. Recommended Motion: I move to adopt Resolution #49-2017, to conditionally approve the final plat for Phase 7 of the Moab Springs Ranch PUD with the following condition(s): 1.Both turnarounds for Fire Department use shall be all-weather surfaces and clearly identified; 2.Storm water drainage pond should be cleaned to provide proper functioning during storms; and 3.Fire pressures shall be verified for the fire hydrant flows at the top of the street. Background/Summary: The City has received an application for the review of the twelve-lot Phase 7 of the Moab Springs Ranch Planned Unit Development. The Master Plan was originally approved by Grand County and vested by the City in May, 2000 with the execution of the pre-annexation agreement. The Planning Commission voted to favorably recommend the final plat to Council on June 27, 2017, with the three conditions listed above. The proposed twelve single family lots will be individually platted along a private street, Arrowhead Lane, that was approved with the Master Plan submitted to Grand County. The City agreed to the plan upon annexation into the corporate limits. Access to the property is Page 48 of 58 from North HWY 191. Utilities will be constructed as required and an estimate of probable costs was submitted with the application. Page 49 of 58 CITY OF MOAB RESOLUTION #49-2017 A RESOLUTION CONDITIONALLY APPROVING THE SITE PLAN/FINAL PLAT FOR PHASE 7 OF THE MOAB SPRINGS RANCH PLANNED UNIT DEVELOPMENT LOCATED IN THE C-4 ZONE AT 1266 NORTH MAIN STREET WHEREAS, McKay Edwards, acting on behalf of Club Utah Resort Group, LLC, “Owner”, with offices located at 1266 N Hwy 191, Moab, Utah 84532, Moab Springs Ranch, has applied for approval of a final plat of Phase 7, Moab Springs Ranch, PUD, on property located at 1266 North Hwy 191; and WHEREAS, Owner is proposing a subdivision of Phase 7 into twelve (12) lots for development with single family residences; and WHEREAS, the proposed use is allowed in the C-4 Zone and in the approved PUD as established by the executed pre-annexation agreement; and WHEREAS, Owner provided the Planning Commission with the necessary documents, plans and drawings to complete the application for review of the plan/plat; and WHEREAS, the City of Moab Planning Commission (“Commission”) reviewed the development in a regularly scheduled public meeting for compliance with the requirements of the pertinent MMC chapters on July 27, 2017 and adopted Resolution #36-2017 that favorably recommends the final plat to City Council with conditions; and WHEREAS, City Council reviewed the application and recommendations by the Planning Commission and Staff, and discussed the pertinent aspects of the development, found that the proposal has met or can meet the applicable requirements of the Moab Municipal Code. NOW, THEREFORE, be it resolved by the Moab City Council, the adoption of Resolution #49-2017 hereby conditionally approves the submitted final plan/plat of Phase 7 of the Moab Springs Ranch with the conditions: 1. Both turnarounds for Fire Department use shall be all-weather surfaces and clearly identified; 2. Storm water drainage pond should be cleaned to provide proper functioning during storms; and 3. Fire pressures shall be verified for the fire hydrant flows at the top of the street. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on August 25, 2017. SIGNED: ______________________________ David L. Sakrison, Mayor ATTEST: __________________________________ Rachel Stenta, Recorder Page 50 of 58 ±1 inch = 100 feet 0 100 200 300 40050Feet 12 6 6 N M a i n Page 51 of 58 Page 52 of 58 SITE PLAN Page 53 of 58 FINAL PLAT PHASE 7 Page 54 of 58 Page 55 of 58 Page 56 of 58 Moab City Council Agenda Item Meeting Date: August 22, 2017 #: 7‐5 Title: Permanent Community Impact Board Funding Priorities Date Submitted: August 18, 2017 Staff Presenter: David Everitt Attachment(s): Draft Resolution Options: Approve or modify. Recommended Motion: I move to approve Resolution 51‐2017, “A Resolution Updating the City of Moab’s 2017‐2018 Permanent Community Impact Board Comprehensive Projects List.” Background/Summary: Grand County is developing the prioritized list of projects to submit to the Permanent Community Impact Board for possible funding. From time to time, the City identifies its priorities and provides those to the County to integrate into their submission. CIB funds can be applied fairly broadly, either as loans or grants for "planning, construction and maintenance of public facilities, and provision of public services. The CIB's administrative rules further define ‘public facilities and services’ to mean public infrastructure traditionally provided by governmental entities.” City staff developed this recommended priority list for Council consideration. Page 57 of 58 CITY OF MOAB RESOLUTION NO. 50‐2017, A RESOLUTION AUTHORIZING THE CURRENT CITY MANAGER ON BEHALF OF THE CITY OF MOAB TO ENTER INTO A CONTRACT WITH XXXXXX FOR THE PROVISION OF FUTURE CITY MANAGER RECRUITMENT SERVICES The following describes the intent and purpose of this resolution: a.The City Council and the Mayor agree that the firm of XXXX is qualified toprovide executive recruitment services to the City of Moab for the purpose ofrecruiting and hiring a City Manager;b.The Council authorizes the City Manager to engage in reasonablenegotiations to come to an agreement with XXXXXX for contracted servicesbased on the parameters of their response to the City’s recent Request forQualifications for recruitment services; andc.Those negotiations will result in a contracted amount not to exceed $25,000. The foregoing resolution is approved and adopted by action of the Moab City Council, as set forth below. This resolution shall take effect immediately. ______________________________ Mayor David Sakrison Date ________________________ Attest: ______________________________ Rachel Stenta, Recorder Date ________________________ Page 58 of 58