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Home My Public Portal AboutPKT-CC-2016-08-23Moab City Council August 23, 2016 Pre -Council Workshop **6:00 PM** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 79 Agenda Page 2 of 79 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 23, 2016 at 6:00 p.m. 6:00 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: PRE COUNCIL WORKSHOP 1-1 Discussion Regarding Affordable Housing 1-2 Discussion Regarding Sexually Oriented Businesses (SOBS) CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-3 July 22, 2016 1-4 July 26, 2016 1-5 July 29, 2016 CITIZENS TO BE HEARD PRESENTATIONS 3-1 Presentation by the Bureau of Land Management Regarding the Design of an Interpretation Sign for Civilian Conservation Corps (CCC) Barracks in Rotary Park PROCLAMATIONS 4-1 None PUBLIC HEARING (Approximately 7:15 PM) 5-1 None SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of Special Event License for Grand County High School 2016 Homecoming Parade to be held on September 16, 2016 6-2 Approval of Permits for a Recovery Day to be held on, September 17, 2016 at the Center Street Ballfield 6.2.1 Approval of Park Use Permit 6.2.2 Approval of Special Event License Agenda Page 3 of 79 6-3 Approval of Permits for Moab Craggin Classic to be held on October 28 and 29, 2016 at the Center Street Ballfield 6.3.1 Approval of Park Use Permit 6.3.2 Approval of Special Business Event License 6.3.3 Approval of Special Event Beer License 6.3.4 Granting of Local Consent for a Single Event Liquor Permit SECTION 7: NEW BUSINESS 7-1 Proposed Ordinance #2016-09 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab Located at Approximately 400 East and Raspberry Lane 7-2 Award of the 2016 Downtown Plan Project to CRSA Planning 7-3 First Reading and Consideration of Proposed Ordinance #2016-05, an Ordinance to Amend the Home Occupation Regulations in Moab Municipal Code Section 17.09.540, Home Occupations, and the Business Licensing Section, MMC 5.80.010, Home occupation permits, by Repealing the Home Inspection and Clarifying Existing Text, as Referred to the City Council by the Planning Commission 7-4 Discussion Regarding Draft Purchasing Policy Revision 7-5 Discussion and Possible Action Regarding Waste Water Treatment Plant (WWTP) Agreement with Spanish Valley SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: PUBLIC OUTREACH REPORT SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: EXECUTIVE CLOSED SESSION 13-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 14: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259- 5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda Page 4 of 79 MOAB CITY COUNCIL SPECIAL CITY COUNCIL MEETING/DIVERSITY TRAINING July 22, 2016 The Moab City Council held a Special City Council Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David Sakrison called the Special Meeting to order at 1:30 PM. In attendance from the City Council were Councilmembers Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey, Rani Derasary and Kalen Jones. Also in attendance were City Manager Rebecca Davidson, Police Chief Mike Navarre and Deputy City Recorder Danielle Guerrero. One (1) member of the media/audience was present. A Training was given on Diversity by Dr. T. Shavaun Sam to the Governing Body. Mayor Sakrison adjourned the Special Council Meeting at 3:10 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder July 22, 2016 Page 1 of 1 SPECIAL MEETING CALLED TO ORDER AND ATTENDANCE DIVERSITY TRAINING ADJOURNMENT Agenda Page 5 of 79 MOAB CITY COUNCIL REGULAR MEETING July 26, 2016 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David Sakrison called the Pre -Council Workshop to order at 6:00 PM. In attendance were Councilmembers Heila Ershadi, Rani Derasary, Kyle Bailey, Tawny Knuteson-Boyd and Kalen Jones. Also in attendance were City Manager Rebecca Davidson, Deputy City Recorder Danielle Guerrero, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Parks Recreation and Trails Director Tif Miller, Community Services Director Amy Weiser and City Engineer Phillip Bowman. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Ten (10) members of the audience and media were present. Councilmember Derasary moved to approve the minutes of June 14, 2016, June 28, 2016, June 29, 2016 and June 30, 2016. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. There were no Citizens to Be Heard. Tracy Reed of Chile Pepper Bike Shop gave a presentation regarding the BMX Park. Councilmember Jones moved to approve a Special Business Event License and a Special Use of City Park Permit, for Colorado Grand Vintage Car Rally on September 14, 2016 at Rotary Park with listed conditions. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Knuteson-Boyd moved to approve a Special Business Event License, a Park Use Permit for Center Street Ball Fields, a Park Use July 26, 2016 Page 1 of 5 REGULAR MEETING & ATTENDANCE PRE COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD PRESENTATION REGARDING ANONYMOUS (BMX) PARK APPROVAL OF SPECIAL BUSINESS EVENT LICENSE FOR COLORADO GRAND CAR RALLY APPROVAL OF PERMITS FOR MOAB FOLK FESTIVAL/MOAB FOLK CAMP Agenda Page 6 of 79 Permit for Sun Court, a Conditional Park Alcohol Permit for Center Street Ball Fields, a Class IV Special Event Beer License and the Granting of Local Consent for a State -issued Special Event Beer Permit for Moab Folk Festival/Moab Folk Camp on October 30 to November 7, 2016 at Various Locations. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Jones moved to approve a Special Event License for the Moab Area Chamber of Commerce for the 2016 Winter Light Parade and Tree Lighting. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Ershadi moved to approve a Waiver of the Special Event License Fee for the Moab Area Chamber of Commerce for the 2016 Winter Light Parade and Tree Lighting in the amount not to exceed $90.00. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson- Boyd and Derasary voting aye. Councilmember Jones moved to approve a Private Club License and Granting of Local Consent for a Club Liquor License for Anthony J. Basso, d.b.a. Moab Investments LLC, d.b.a. Club Rio. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. APPROVAL OF SPECIAL EVENT LICENSE FOR LIGHT PARADE AND TREE LIGHTING APPROVAL OF FEE WAIVER APPROVAL OF PRIVATE CLUB LICENSE AND GRANTING OF LOCAL CONSENT Councilmember Derasary moved to approve Resolution #23-2016 —A APPROVAL OF RESOLUTION Resolution Approving a Property Line Vacation between lots located in #23-2016 the Uranium Village Subdivision located in the C-3 Zone at 356 South Main Street and Owned by The Koehler Organization. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. In Mayor and Council Reports, Councilmember Jones mentioned that he attended a Throttle Down in Town committee meeting. Councilmember Jones stated that the committee is planning for a fall tourist season and has worked on a mission statement to hopefully make town a little quieter. July 26, 2016 Page 2 of 5 MAYOR AND COUNCIL REPORTS Agenda Page 7 of 79 Councilmember Jones attended the Secretary of the Interior listening session held in Bluff, Utah and stated that the event was very well attended. Councilmember Jones stated that he had a conversation with Kara Dohrenwend, a local nursery owner, concerning a proposal that she would like to present to council. Councilmember Jones stated that the proposal concerns getting our local streams back to a functioning level, as they were pre -development. Councilmember Derasary questioned Councilmember Jones as to when the Throttle Down printed materials will be available. Councilmember Jones informed council that the posters are now available from the Travel Council and the brochures will be ready soon. Councilmember Jones reported that he attended the Planning Commission meeting and had sent a handout from the agenda packet to City Councilmembers. Councilmember Jones requested discussing the handout. Mayor Sakrison suggested that if Council had any comments concerning the handout to submit them to Jeanette Kopell, the Planning Commission Chairperson. Councilmember Bailey reported that he had attended the Moab City Diversity Training and felt that it was good and feels there should be more sessions. Councilmembers Ershadi, Knuteson-Boyd, Derasary and Jones, also agreed that the Diversity Training was good. Councilmember Derasary stated that she attended the Moab Area Land Trust Board meeting on July 21, 2016. Councilmember Derasary mentioned that some of the Land Trust Board Members will be attending a Grounded Solutions Network Conference on September 26- 29, 2016 and that the conference is being organized by the Mountain Lands Community Land Trust group with the focus on providing permanent affordable housing. Councilmember Derasary reported that she attended a Moab Tailings July 26, 2016 Page 3 of 5 Agenda Page 8 of 79 meeting today. Councilmember Derasary stated that Don Metzler, with the Department of Energy, mentioned that more funding would be needed in order to have the tailings pile removed within ten years and that it would take approximately $45 million to accomplish this. Councilmember Derasary stated that Mr. Metzler suggested looking to the State for funding as well as the Department of Energy. Mayor Sakrison commented that the Department of Energy was the entity that had reallocated funds from the tailings pile. Councilmember Derasary mentioned that she and City Manager Davidson attended the ASAP meeting on July 20, 2016. In Reading of Correspondence, Councilmember Ershadi mentioned she had spoken to Linda Whitham with the Nature Conservancy. Ms. Whitham relayed an ongoing desire to work with the City to use the water from the new Waste Water Treatment Plant to be used in the wetlands for habitat. City Manager Davidson mentioned that she has been waiting for Ms. Whitman to get back to her. Councilmember Ershadi reported on a conversation she had with citizen Kara Dohrenwend concerning Ground Level Dwellings in the C3 Zone. Councilmember Derasary commented that Ms. Dohrenwend had run into some difficulty years ago when trying to make improvement to her home and that Planning Commission Chair Kopell informed the Council that the issue with Ms. Dohrenwend's home was not a Zoning issue but a Building Code issue. Councilmember Derasary discussed a conversation she had with a Hillside resident concerning an issue with homes owned by businesses that house employees. Councilmember Derasary stated that the citizen's concern included the care of the property as well as parking issues. Councilmember Derasary said the citizen will be writing a letter to voice their concerns. READING OF CORRESPONDENCE Under Administrative Report City Manager Davidson distributed a ADMINISTRATIVE REPORT written report as well as an Employment Report. Under Public Outreach Report, City Manager Davidson informed the Council that she is working on a newsletter in a question and answer format. July 26, 2016 Page 4 of 5 PUBLIC OUTREACH REPORT Agenda Page 9 of 79 Councilmember Bailey commented that he has heard good feedback about the Information Ads. Mayor Sakrison relayed a comment from a citizen about having open space areas and conservation easements. Councilmember Ershadi asked about an update on Old City Park housing. City Manager Davidson answered that it is on the list. City Manager Davidson informed the council that road striping will be done soon and that School zones will be done prior to the start of school. City Manager Davidson stated that a temporary worker will be painting red curbs as soon as they are hired. Councilmember Derasary asked if Workshop subjects should be requested in advance. City Manager Davidson suggested that if there is something in particular to be discussed, to let her know. Councilmember Ershadi asked if the City had heard anything back from the State Auditor. City Manager Davidson informed the council that a letter had been received today and directed Deputy Recorder Guerrero to email that to Council. A Report on City/County Cooperation was not given. Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $314,192.83. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Ershadi moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. The meeting was adjourned at 7:50 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder July 26, 2016 Page 5 of 5 REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT Agenda Page 10 of 79 MOAB CITY COUNCIL SPECIAL JOINT CITY/COUNTY COUNCIL MEETING July 29, 2016 The Moab City Council held a Special Joint City/County Council Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor Pro-Tem Bailey called the Special Meeting to order at 11:35 AM. In attendance from the City were Councilmembers Heila Ershadi, Tawny Knuteson-Boyd, Rani Derasary and Kalen Jones. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta and City Community Services Director Amy Weiser. Grand County attendees were Councilmembers Elizabeth Tubbs, Mary McGann, Ken Ballantyne, Zacharia Levine and Ruth Dillon. Twelve (12) members of the audience were present. A Discussion on City -County Growth was led by City Community Services Director Weiser and County Community Development Director Levine. An announcement was made by City Manager Davidson about the formation of a new Regional Economic Development Committee. An update on Affordable Housing was given by County Community Development Director Levine. A presentation on Dark Skies, titled " Live and Play Under the Milky Way", was given by Joette Langianese, Executive Director, Friends of Arches & Canyonlands Parks; Nathan Ament, Colorado Plateau Dark Sky Cooperative Coordinator, NPS; and Crystal White, Assistant Manager, Dead Horse Point State Park. County Council Chairwoman Tubbs made an announcement on an Intergenerational Poverty Initiative. Mayor Pro-Tem Bailey adjourned the meeting at 1:15 PM. APPROVED: ATTEST: July 29, 2016 Page 1 of 2 SPECIAL MEETING CALLED TO ORDER AND ATTENDANCE CITY -COUNTY GROWTH DISCUSSION FORMATION OF ECONOMIC DEVELOPMENT COMMITTEE UPDATE ON AFFORDABLE HOUSING PRESENTATION ON DARK SKIES ANNOUNCEMENT ON POVERTY INITIATIVE ADJOURNMENT Agenda Page 11 of 79 David L. Sakrison Rachel E. Stenta Mayor City Recorder July 29, 2016 Page 2 of 2 Agenda Page 12 of 79 AGENDA SUMMARY MOAB CITY COUNCIL MEETING August 23, 2o16 Agenda item #: 6-1 cla YC MA Title: Approval of Permits for the 2016 Grand County High School Homecoming Parade Fiscal Impact: Requires both Police and Public Works staff for road closures and traffic re-route during parade. Staff Presenter: Amy Weiser, Community Services Director Department: Community Services Applicant: Grand County High School Background/Summary: The Homecoming Parade is an annual community event. The parade will be on September 16, 2016 from 3:00-3:30pm. The parade will adhere to the approved UDOT parade route. This is the first year the High School has submitted a special event license application; staff sincerely thanks the High School for making the effort. The required permit gives City Staff the notice that they need to be fully prepared to ensure a safe event for the community. The Special Events Committee staff expressed safety concerns about the required traffic control for this event. Friday afternoons are a very busy time on Hwy 191 and Main Street. The Events Committee would like the High School to consider a change in time, and perhaps the day of the parade, for 2017 and future years. Options: The Council may approve, approve with conditions, deny, or postpone the item. Recommended Motion: "I move to approve the required permits for the 2016 Grand County High School Homecoming Parade." Attachments: Special Event License Application Approved UDOT Permit Request for Fee Waiver 1 Agenda Page 13 of 79 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY 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: $90.00 LICENSE #: ZONE: NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: 1-6m 2CoMidiks acig 1{ gliAAVALI 160)1 (t----See Pargc c gat. )/IDIle TEMPORARY STRUCTURES TO BE USED (IF ANY): CIA D DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: aoa EVENT SPONSOR'S NAME: SPONSOR'S ADDRESS: 6/um& Cbluk.-N )(k StrA° ( `e°5 S, LP° CITY: PlAb k) CONTACT'S EMAIL ADDRESS: '` acc NO 1 Q 1 ctA/O i 41.4 PHONE:��'a STATE: VT %P: N 3 6 s 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 ALICENSE WILL BE DELAYED. .. - INVE ar0.MA C., c.n4ci {�'yyi� wis-k., 1 / HEREBY AGEE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB PLEASE PAINT NPACS) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CDDE, 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 LOCATION Fwp SPONSOR. Signature a Sponsor State of Utah ) ) SS County of Grand ), _ SUBCRIBED AND SWORN to before me this rc9' day of A Date JENNIE ROSS Notary Public State at Utah Comm. No. 661521 My Can-irn Expires Dec 11, 2016 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Rev. 3/30/2016 Agenda i Page 14 of 79 ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF O APPROVED O DISAPPROVED .4 REASON(S):".:;'c LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED O NO ❑ YES AGENDA DATE: f ❑ APPROVED O DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Rev. 3/30/2016 Agenda Page 15 of 79 i CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE;: (435) 259-5129 FAX: (435} 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL �xti 5-TI N1621 :1 oil. aaa IzrQU I l2 ❑ YES ❑ YES 'i1'N0 REVIEWED BY ZONING ADMINISTRATOR: 111) SiGITATUP DATE: °i3' "✓' l `P NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: CD ra-r\& o� rP q �C p o' PHONE: QI fa ! " P ! 3 f ci J(Y: r� O ab STATE: VAT ZIP: CY 1-71s.3 a NAME OF EVENT: H- O rvl � C- o 711 i tio. PA- r .0-cQ-0--. LOCATION OF EVENT: 5 W a_ n e. 1, p c� r K -hp GCNs ZONE: - SP Gi,4I. .� r 11 '-Y' DETAILED DESCRIPTION OF SPECIAL EVENT: PAY a_d -...- - Scip{- / 1. ei 1 rk , 1A 0.1' � I.J A v� ek 1 o- r IL — f� rLr� L 0..1 ryi ,S F / E Agenda Page 16 of 79 06/ 16/05 DESIGNATED PARADE ROUTES PARADE ROUTE TRAFFIC BYPASS LAgenda ti GRAND COUNTY HIGH SCHOOL 608 SOUTH 400 EAST MOAB, UTAH 84532 PHONE [4351259-8931 FAX 14351259-4191 August 3, 2016 City of Moab 217 E. Center Moab, UT ATTN: Amy Weiser We are requesting that the $90 Special Event Fee for our Homecoming Parade be waived because this event generates no income and is a positive event for the entire community. Thank you for your consideration. Si erely, ( OCOLQ- Libby Vaccaro Finance Secretary Steve Hten Principal Agenda Carl Caviar Associate Principal GCHS Mission Statement Ron Dolphin Activity Director Drawing upon the unique resources of Grand County, we will foster educational excellence in a sate environment where all students may acquire the skills, knowledge, and values necessary to contribute and nrigftfmibierse and ever -changing world. T-228(8197) SPECIAL EVENT PERMIT; Region 4 UTAH DEPARTMENT OF TRANSPORTATION PERMIT Application of: Grand County High School Sy: Maralee Francis Address: 608 S. 400 E. Moab, UT 84532 App JD: 73067 Activity: Function: 4895 R4-164895-0 Date: 8/9/2016 Work:035j 719-4887 Work:(435) 719-4887 is hereby granted subject to: Utah Depart Transportation's (MOT's) Regulations For the Accommodation of Utilities on Federal Aid and Non Federal -Aid Highway flight -of -Way, Regulations for the Control and Protection of State Highway Rights of Way, Standard Specifications for Road and Bridge Construction, UDOT Specifications for Excavation of State Highway, State Occupational Safety and Health Laws, Manual on Uniform Traffic Control Devices, Instructions to Flaggers, the approved plans, and any special limitations set forth herein, permission for the purpose of Grand County High School Homecoming Parade. The Parade will begin at Swanny Park, 400 N. 100 W. and travel South on 100 West turning left on Center Street to Main. It will continue South on Main Street turning left on Uranium Avenue and end in front of Grand County Middle School 439 S. 100 E. within the right of way limits in the following locations: 400 North 100 West. Highway 0191 Milepost 124.8430 to 125.6050 in/near MOAB, GRAND county The permitted work shall commence 9/1612016 and shall be diligently prosecuted to completion. The work shall be completed and ali disturbed surfaces or objects restored on or before 9/16/2016. In the event work is commenced under this Permit and the permittee fails or refuses to complete the work, IJDOT may, at its election, correct any deficiencies or otherwise complete the permitted work at the expense of the pernmittee. Upon receipt of an invoice of the ousts incured by UDOT, permitte shall immediately pay the amount due. If an action is required to be filed in court to cotiect the amount due, ()ermine shall be liable for UDOTs casts and fees, including attorneys fees. Before work permitted is commenced. the permittee shali notify Siaiion Suparvisor (Listed below)., By applying for the Permit and UDOT issuing the Permit, permitter will Comply with all instructions, conditions, requirements. and regulations of UDOT with respect to performance of the work described in the Permit. Permittee will properly control and warn the public of said work withit UDOT's rights -of -way to prevent any accidents. Permittee shall defend, indemnify, and hold harmless UDOT from all damages or claims, including attorneys fees, arising out of any and all actions performed under this Permit by permittee, permittec's employees. agents or contractors, incuding failure to comply with terms and Conditions in Otis Permit. Permittee shall pay for UDODT's inspections fees. Permittee shall hold an insurance poticy in the amount of $1,000,000.00, as determined by the Regional Director/District Engineer. Permittee shall not perform any work an state highway rights -of -way beyond those areas of operation described an this Permit. If permittee faits to comply with UDOTs regulations, specifications, or instructions pertinent to this Permit, the Region Director/District Engineer or his duly authorized representative; may•by verbal order, suspend the work until the violation is corrected. If perrnittee fails or refuses to promptly comply, the Region Director/District Engineer or his authorized representative may issue a written order stopping all or any part of the work. When satisfactory corrective action is taken, an order permitting resumption of work may be issued. • **** 24 Hours before starting*ork, call Kurt McFarlane at (435) 650-1156 **** Special Limitations: - Traffic,control devices to be provided by Permittee. Permittee is responsible to contact local law enforcement to coordinate implementation of traffic control plan. • • - This agreement and/or permit is UDOT approval only. You are responsible to obtain clearances from railroads, private property owners and ladal jurisdictions that you are working within. - ANSI 107-2004 Class II clothing•{or greater} is required of all workers within the right-of-wey. - All road closures must be manned by Uniformed Police Officers during the entire closure period. - Applicant certifies that all participants have signed a Waiver and Release of Damages against the State of Utah for participation in an approved special event on State Roads. - Licensee will be responsible. to clean up the highway after the event. - Notice to the public of any road closure must be given in advence of the event, as determined by Regional Permit Officer, by advertising through radio or newspaper. - Spectators must be kept a safe distance from the participants to view this event. - No pavement markings or removal of signs are ellowed. - Any motorized vehicle in the parade must be operated in a safe manner by a licensed driver. The practice of throwing candy to the parade spectators is prohibited. By the accepting this permit, the Applicant acknowledges the hazardous neture of the work and agrees to assume full responsibility in the event of an accident or other incident involving death or injury to members of the Permitess Group or others, or property damage that results from negligence or intentional conduct on the part of any member of the group. Page 1 of 2 Agenda Page 19 of 79 T722903/97) UTAH DEPARTMENT OF TRANSPORTATION PERMIT By carrying out the activities allowed by this permit it is conclusive evidence that I have accepted all provisions, limitations, and restrictions of the permit and attachments, understand and agree to all penalties for failing to comply with them, and understand my ability to review a permit and applicable attachments at the appropriate region/district office, Maralee Francis (see app for signature)_ (Permitlee) Approved By: (for Region Director/District Engineer) Maintenance Station No. 4702 R4 Public Information Officer, Kevin Kitchen (435) 9794551 Maintenance Station No. 4453 Moab, Mike Randall (435) 259-5030 Maintenance Station No. 2537 R4 East Area Supervisor, Pat McGann (435) 260-2537 Page 2 of 2 Agenda Page 20 of 79 AGENDA SUMMARY MOAB CITY COUNCIL MEETING August 23, 2o16 Agenda item #: 6-2 Title: Approval of Permits for the 2016 Utah Support Advocates Recovery Awareness Fiscal Impact: Minimal Impacts Staff Presenter: Amy Weiser, Community Services Director Department: Community Services Applicant: Utah Support Advocates Recovery Awareness, Tara Wilder Cif ` MOAN Background/Summary: Event brings community and family together to celebrate recovery and mental wellness. Second annual; event was held at the center street ball fields last year with no incident. Event to be held on September 17, 2016 from 5-8pm. Only change from last year is that instead of a live band during the event, KZMU radio will be broadcasting live. Options: The Council may approve, approve with conditions, deny, or postpone the item. Recommended Motion: "I move to approve the required permits for the 2016 Utah Support Advocates Recovery Awareness. Attachments: Special Business Event License Application Permit Application for Special Use of City Parks 1 Agenda Page 21 of 79 DATE PAID: AMOUNT PAID: RECEIPT NO.: (57- q-/ L q 0 ap «.3ir.1 CITY 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: $90.00 LICENSE ##: ZONE: NAME OF EVENT: _,_Z r (J 1 V ea S +e r n tif it h !S K u 17r_a_ I o ) CO I ' L ai,t, A DESCRIPTION OF EVENT: ��,y�m,(,� %) �t no J'�oid r_va�i �_ n [� LOCATION OF EVENT: I f r S I V ec � tSai l PREMISES TO BE USED: 1 TEMPORARY STRUCTURES TO BE USED (IF ANY): Cjj .�cui'Q as_, to bb� �a(rs DATE(S) AND TIME1S) OF EVENT: Sc �f-[ ill biir 17 1 2 T) 1 to ANTICIPATED # OF EVENT PARTICIPANTS: 75 - 100 EVENT SPONSOR'S NAME: u}a 1 SPONSOR'S ADDRESS: I �U rt rici,VOctf � RQ lJl�} 11LSTAT 0 &E: 0D1-Z/ S (,U_f(I D� cl . 5 LL' J . g44 LI SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: .111111.1111/ DATE OF BIRTH: 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 A LICENSE 1WILL BE DELAYED. INVE L1dr 6 V �/ If ! A / ,� HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB r L[ASG Y I 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. I/WE UNDERSTAND THIS LICENSE IS NONTRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATV J AND SPONSOR. v( State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this_Y� day of NOTARY PUB JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11. 2016 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Agenda Page 22 of 79 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: 1-0.(-0 US 610( Name of Organ+zAt�n ar,d Eve? if ap licable:,SOU -pit g �S C'j,�tbrir yZT(1�� to , Day Phone: LI3 S in j f A,1► (li.(l @rnj vS aru. of)r` Proposed Park Usage Information Which park to you intend to use? Swanny Park Other (please indicate name of park. 0 rdif Si--, 6th Please indicate the prop sed dates and times of use: Proposed Start Dat • I tart Time lIff -D am/ End Time: r am/r6) Proposed End Date: Start Time: am/pm End Time. 11 am/pm Please specify what areas of the park are proposed for use. ± `eaSFIV For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: OD Number of spectators that you expect: 2�` / vo Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Will amplification be required for your event? Yes No Please specify any electrical needs for your event: Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. NSA Agenda PLEASE COMPagVetY DER SIDE Please describe your clean-up plan during and after the event: \;ti) LL' cc' m 02 ft ffS vCam( Please describe your restroom facility plan: flot ro cis sa�y Do you intend for the park to be open to the public during your event? Yes ' No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures o plan for use of the park: no For groups over 100 people, please describe your refuse control and recycling plajn:: 7 UL� L rrom() trL C`.9 C6 5 C1,� L '= il'�'L��;v LAC t , CSC,rS �vr c.7 o Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community. -- {� '' ''qq TO C� I'� (`,a il`-t',n� and � �-±7a Mit nJ2 SS Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes X No certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person: (a-'0 Date: I ! A[ Office Use Only Public Works Review: Police Department Review- Administrative Review: Park Use Fee: Date Fee Paid. Date of City Council Approval: Insurance Received: Final Set up Diagram Received• Special Conditions or Requirements: Other Required Permits and Approvals Agenda Page 24 of 79 ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: - is LICENSE APPROVALS CITY STAFF 0 APPROVED El DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED 171 No 0 YES AGENDA DATE: ❑ APPROVED El DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Agenda Page 25 of 79 07/01/05 ti. t-u i 91.ii S wi e& . c eoz_sla2x-r) W-edi Recover:3 kPre,ijai`o>1D-t, 9/1712016 Center St Ballpark Field Diagram ( City Center / Library N ) �J Soccer PeeWee Field 2 Soccer Micro Field 4 Soccer Junior Field 6 Soccer PeeWee Field 1 Soccer Junior Field 7 Striker Field 8 Page 14 of 55 Page 26 of 79 AGENDA SUMMARY MOAB CITY COUNCIL MEETING August 23, 2o26 / Agenda. ltem #: 6-3 / Title: Approval of Permits for the 2016 American Alpine Club Moab Craggin' Classic Fiscal Impact: Minimal Impact Staff Presenter: Amy Weiser, Community Services Director Department: Community Services Applicant: American Alpine Club Background/Summary: This request is for the inaugural Moab Craggin' Classic to be held Friday October 28 and Saturday October 29, 2016. This is a community event organized to raise money for the American Alpine Club, a non- profit member organization whose goal is "a united community of competent climbers and healthy climbing landscapes." The two-day event will include climbing clinics taught by professional athletes and guides, films, slideshows, presentations, music, food and a local stewardship and conservation project. The main event will be held on Saturday at the Center Street Ball Field with vendors, music, food and beer provided by Moab Brewery. Options: The Council may approve, approve with conditions, deny, or postpone the item. Recommended Motion: "I move to approve the required permits for the 2016 American Alpine Club Moab Craggin' Classic." Attachments: Special Business Event License Application Vendor List Special Use of City Parks Retail Beer License Application Single Event Permit Local Consent 1 Agenda Page 27 of 79 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ❑ TRANSIENT ($90): OR CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 5vV.) NAME OF EVENT: American Alpine Club Moab Craggin Classic DESCRIPTION OF EVENT: This is a community event organized to raise money for the AAC, and spread competency among climbers LOCATION of EVENT: West -side ball fields on Center St. PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED (IF ANY): Pop up tents, stage for music, portable toilets DATE(S)AND TIME(S)OrEvan: Friday and Saturday, October 28129 ANTICIPATED # OF EVENT PARTICIPANTS: 200 NUMBER OF VENDORS PARTICIPATING: 10-15 TYPES OF VENDORS PARTICIPATING IN EVENT: The vendors will be Climbing retail Companies, as well as local retail shops such as Pagan Mountaineering, Moab Gear Trader, etc. EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): There will be a one-time fee to attend all aspects of the event, not all Of which are occurring at this location (Reel Rock will be at Star Hall, clinics will be run on KM land) EVENT SPONSORS NAME: American Alpine Club PHONE: SPONSOR'S ADDREsS: 710 10th St. Suite 100 CITY: Golden STATE: CO ZIP: 80401 TYPE OF ORGANIZATION: 0 PROPRIETORSHIP ❑ PARTNERSHIP ❑ CORPORATION ®OTHER (SPECIFY): 501 (C)(3) Organization EVENT SPONSOR'S SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX ID: CONTACT EMAIL ADDRESS: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE A LICENSE WILL BE DELAYED. IA A% S d"r PLEASE PNT NAME(S) HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. IIWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPL ANT (SPONS'� "). I E AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. n COIL)/ 1(1 Sign- re of Sponsor /9 State of Utah ) SS County Of Grand ) SUBCRIBED AND SWORN to before me this / b ÷h. day of A w, k4 �! 6. NOTARY PUBLIC ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. _.%-� JENNIE ROSS er Notary Public State of Utah Comm. No. 661521 Ivly Comm. Expires Dec 11, 2016 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! f 1 Rev. 330-'2016 Agenda Page 28 of 79 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: Rev. 3/30/20/6 Agenda Page 29 of 79 SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either. 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: DATE(S) OF EVENT: BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD SSN AND/OR SALES TAX ID OR TAX EXEMPT NO. CAMP USA GLEN GRISCOM - GLEN@CAMP-USA.COM TBD SCARPA SAM KILGORE - SAM@SCARPA.COM TBD ARCTERYX JUSTIN SWEENEY - JUSTIN.SWEENYeARCTERYX.COM TBD ROCK&ICE PAULA STEPP - PS@BIGSTONEPUB.COM NONE PETZL DAVE BURLESON - DBURLESON@PETZL.COM TBD OUTDOOR RESEARCH KJERSTI CHRISTENSEN - KJERSTICOOUTDOORRESEARCH.COM TBD GOAL ZERO EMILY ZIEGLER - EZIEGLER@GOALZERO.COM TBD MSR SETH DENNIS - SETH.DENNIV@CASCADEDESIGNS.COM TBD BIG AGNES ROB PETERSON - RPETERSON@BIGAGNES.COM PAGAN MOUNTAINEERING BRIAN JONAS GEARHEADS OUTDOORS STEVE MOAB GEAR TRADER MARSHALL 09/08/03 Page 30 of 79 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any speciai events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: Nate Sydnor Name of Organization and Event if applicable: American Alpine Club Craggin Classic Address: —PC 51- `7vu.k IOC) (:r)I�I‘ } LO 9;0Ll0� Day Phone. S'C't- f$I`i- 3`r,7 z Email: /‘c''‘i? L _ Proposed Park Usage Information Which park to you intend to use? Swanny Park. Other (please indicate name of park. City Ball Fields on Center Please indicate the proposed dates and times of use: Proposed Start Date: Oct, 28 Start Time: 3Pm am/pm End Time• 10pm am/pm Proposed End Date: Oct. 29 Start Time• 4Pm am/pm End Time• 10pm am/pm Please specify what areas of the park are proposed for use- The West side baseball field(s) For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: 200 Number of spectators that you expect: Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Pop up tents, stage for music Will amplification be required for your event? Yes X No Please specify any electrical needs for your event: Lighting and hook-ups for live music Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. People will be mostly walking from other locations all over town. Otherwise, adiacent parking If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. Agenda PLEASE COMPLETE OTHER SIDE Page 31 of 79 Do you intend for the park to be open to the public during your event? Yes No X Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes X No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes X No Please describe any security or crowd control measures you plan for use of the park: We will have a fleet of volunteers at entrances to check IDs and give bracelets for participants For groups over 100 people, please describe your refuse control and recycling plan: Any excess refuse and recycling not covered by city facilities will be collected and disposed of off site Please describe your clean-up plan during and after the event: Volunteers and event manager will monitor the site, and remove all excess refuse from the premises Please describe your restroom facility plan: Participants will use on -sight restroom facilities. Portable toilets will be used if necessary Other Information ".7•PAPPTINIIMInglil Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: This event will be bringing climbers from all over the region, providing the associated economic benefit of restaurant use, hotel stays, camping fees, fuel, groceries, etc., as well as retail purchases. Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes X No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes X No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditi ns attached to this pgrmit. Signature of Contact Person: Date: 8/1 /16 Lill111111Mailhow-- Office Use Only Public Works Review: Police Department Review: Administrative Review: Park Use Fee: Date Fee Paid: Date of City Council Approval: Insurance Received: _ Final Set up Diagram Received Special Conditions or Requirements: Other Required Permits and Approvals Agenda Page 32 of 79 Of I -I /L1.)-110 111.1lz_Lb 00..1 pg Ce tvl-Q ir- L.0 A 0 1 N( E E.] 'LT DODD fOr n k. -"r Agenda nm /m.11 /1 Milli nhelv /1 csA7F4-1199.1.7fFn4r19nrinicrl-nr= 1 Page 33 of 79 1 /1 City of Moab Park Alcohol Permit Application and Checklist A Park Alcohol Permit may be granted if the City Recorder certifies that the applicant meets the conditions on the following checklist. The Applicant should complete the information on this form and submit the form along with the Park Use Application and the Special Business Event License Application. Applicant is responsible to abide by all applicable terms and conditions of this permit and all other required permits and approvals. Upon successful completion of all items on this checklist, the City Recorder will certify completion and issue the permit. PLEASE PRINT T Applicant Information Name of Person Responsible for Use of Park: f :AR-- (--) 0 Name of organization and Event`_if applicable: k�"pl,ce,, `,� LL:.YI A „,,I„ (_r,,.,) ,_• [_ (,-_s,i, c_ Address: -7 ilj 0')(� 51-- 7iU.TR- P.-kJ (.,—ul,Lse..."-, �cD <._-.)-( v ., Day Phone: `'-(G`f - 1;5 - '")75 ? Z Email. Asl.1"--- (t. 1\4'`-41.<U--S c- 4 tx47L- z.vEA/ is . Cc-) '-� Date(s) of Event: ;CC_ `" ) C.) '—`t Park Alcohol Permit Checklist (for internal use only) I certify that the event sponsor has completed all of the following approvals and is hereby issued a Park Alcohol Permit: Event Sponsor has obtained approval for a State of Utah Single Alcohol Permit or Temporary Special Event Beer Permit (applicable permit is attached) Event Sponsor has obtained approval for all applicable City of Moab alcohol licenses. Event Sponsor has obtained approval for City of Moab Special Event License for the event. Event Sponsor has obtained approval for a City of Moab Park Use Permit for the event. City Recorder's Signature Date Page 21 of 26 Agenda Page 34 of 79 DATE PAID: AMOUNT PAID: RECEIPT No.: Q 0'9 j /83Y-T4— CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB O CLASS I FEE: 0 CLASS II FEE: 0 PRIVATE CLUB O CLASS III FEE: IA CLASS IV FEE: L[CENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION Full NAME: 9ikt HONE ADDRESS: 4-2)% CZ SOCIAL SECURITY NUMBER: 1111111111111111M= DRIVER LICENSE NLIABER & STATE: HOME PHONE: t [ i 1 if^ 3 " Z Garr: Ua(1 STATE: �� La: ar/:; •�[S.-3 ._ DATE OF BIRTH: BUSINESS INFORMATION BUSINESS NAME: BUSINESS ADDRESS: 71 fOEt, �r = - g-tr aK13 BUSINESS MAILING ADDRESS: 5 Ap-g- SALES TAx ID: BUSINESS PHONE: CITY: 6-0tch-A. STATE: 65.-.) floti 0 I 7 31 z55 d WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER' UNDER THE FOLLOWING LICENSE: (CHECK ONE) ❑ CLASS ❑ CLASS II ❑ PRIVATE CLUB ❑ CLASS III LAss 1V Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, In accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class ll 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)? iXNO ❑ YES (Requires 'Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: eel ; Q A_ 7 61) 6Ac.),1 re-s,,e.rr *Baer application is far 3.2% by weight only. Also requires a State license. Page 22 of 26 21. US Agenda Page 35 of 79 3. pve you ever been convicted of any offense other than a minor traffic violation? No CI YES (If yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class 1, II, Private Club and Class 1V. Class 111 Applicants MUST contact the Moab City Police Department License Investigator as soon as possible to be fingerprinted and photographed. A background check is also required. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED ❑ DISAPPROVED O REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: 0 APPROVED 0 DISAPPROVED REASON(S): SPECIAL CONDITIONS: r Page 23 of 26 Agenda Page 36 of 79 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 5 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 UTAH ) : ss COUNTY OF GRAND ) A/AC— • cLI 0 being first duly sworn, on his/her oath deposes and says: TfSat 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 /land sworn to before free on this /0447. day of tAst- 0 1 b d JENNIE ROSS Notary Public State of Utah Comm. No. 661521 ` My Comm. Expires Dec 11, 2018 RtINotary Public Agenda Page 37 of 79 1. CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON Please specify the dates, times, location, nature and description of the proposed event: --dr, �{: �r4y 1,.,� f:a.(,t5 +Zvc-x�lE Z5 ex- .�., r �-R- .mot•... Alf: ,.� C 1 �, 01hC ) . a Ad,7�4 c6A,teA �� . >•� 2. Please provide a floor plan or detailed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; 3. Please state the purpose of the association or entity conducting the event: Pv-PCL 11)1‘g.lf r�J eL), 0 tu43 1 (I v`neht,": 5.erif 5uJhci oe. 4- Akif;�ie_ 4. I hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on 0 ct• starting at —7 PM, and located at {r eo4 F: gijS for purposes of monitoring compliance with all license terms and City ordinances. SUBSCRIBED AND SWORN TO BEFORE ME BY THIS 104- DAY OF >''-f L49'Ai* JENNI€ ROSS Notary Public State by li110 Comm. NO. WW1 My Comm. Expires Dec 11,'2016 I I I Page 25 of 26 DATE: 55/lo(/(0 Nat*. •SY d h-d r ON a vi, . NOTARY PUBLIC Agenda Page 38 of 79 SINGLE EVENT PERMIT Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission to issue an event permit to an organization for the purposes of storage, sale, offer for sale, furnish, or allow the consumption of an alcoholic product on the event premises AUTHORITY: Utah Codc 32B-9-201 ��U.) Q+J City [ ]Town [ ]County Local business license authority hereby grants its consent to the issuance Applicant Entity/Organization: i�o��J of alItemporary single event permit license to: ()) rev-0- ` r Event Name: �/r�'-��e'`A-1p., co. !_� , r• �avS�\ Cr Event location address: 6.Ake-r- g - &r1('`4 39O C Cam,- AteAb lA t 'OS 3 Z ,,tract ut) mac zip On the 2.SgL s)-- 2-9+1-` day(s) of 0 jv67- , Zo i (cz dates mmnh }ctr during the hours of il AN.~ �l�'� , pursuant to the provision of Utah Code 32B-9. tlerrned hours from - to We recommend this entity as conducting a civic or community enterprise" I f Yes I 1 No I I Not providing a recommendation 'As Part of local consent required by 32B-9-201(1)(c), the locality may, provide a recommendation as to whether the entity is conducting a civic or community enterprise. A civic or community enterprise means a function that is in the nature of a temporary special event such as a social, business, religious, political, governmental, educational, recreational, cultural, charitable, athletic, theatrical, scholastic, artistic, or scientific event. A "civic or community enterprise" generally is a gathering that brings members of a community together for the common good. Single event permits may not be issued to or obtained by an entity or organization for the purpose of avoiding or attempting to avoid the requirement of state retail alcohol licensing. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. AS OF SEPTEMBER 1, 2015, LOCAL CONSENT MUST BE SUBMITTED TO THE DABC BY THE APPLICANT. Agenda Page 39 of 79 To whom it may concern; My name is Nate Sydnor. I am the owner of Moab Desert Adventures, a local tour operator offering rock climbing and canyoneering trips in some of Moab's most amazing terrain. From Flat Pass to Castle Valley, we make our living providing people with opportunities to interact with the Moab landscape. We find great pleasure in, and are passionate about, experiencing the rocks and canyons of the Moab area in a very personal way. Not only do we get to look at the amazing rock architecture; we get to play on it! As I'm sure you're aware, Moab has also been a prime attraction for recreational rock climbers from all over the world for decades. Every year, thousands of climbers come to climb on our amazing cliffs, finding enjoyment, challenge, and personal growth in our one -of -a -kind landscape. The event that we are proposing, the First Annual American Alpine Club Craggin' Classic, is an attempt to bring these recreational climbers together in a responsible and productive manner, with the hopes of fostering a greater sense of community among rock climbers, both locals and tourists alike. The theme of these events, which have been successfully held in climbing venues all over the US over the last five years, is "Community, Competency, Conservation." We bring climbers together to participate in slide shows by local climbers, climbing clinics to help people climb in a safe and responsible manner, and we conclude with a community service project so that we can contribute to the local infrastructure of a resource we deeply cherish. We have Karl Kelley from the Desert Bistro lined up to give a slide show about his climbing exploits in the area over the last twenty years, and I am in the process of developing a community service project with Autumn and Brian over at the Forest Service. All proceeds from the event go to the American Alpine Club, which is the primary non-profit organization that raises money for all things climbing related; grants for fledgling climbers and conservation causes, money for local access projects, lecture series, a journal of significant climbs, etc. One of my goals as the organizer of this event is to begin the process of creating a cohesive climbing community here in Moab. There are so many climbers who come through town, and I would like to give them the opportunity to give back, while also fostering relationships with local business owners, climbers, land management officials, and the city of Moab. As of now we have half a dozen local retail businesses, restaurants, and guide services to contribute in making this event a success. If approved, I am certain that this event will be a spectacular new addition to the Fall season in Moab. Climbers as a group, from my experience over the last two decades, are a demographic that enjoys giving back when they are given the opportunity. If we are able to successfully put on this event, I have no doubt that the community of Moab will benefit from it. From historical perspectives on Moab -area climbing, to clinics taught by expert guides on how to be a safe and considerate climber, this event is designed to inform and engage climbers from all over the region, in the hopes that they will continue to not only enjoy the resources Moab has to offer, but that they will also contribute to help keep our cliffs and canyons clean, safe, and enjoyable. Thanks so much for your consideration, and please be in touch if you have any questions or concerns regarding this event. Best regards - Nate Sydnor - Proud Owner, Moab Desert Adventures; 415 N. Main Agenda Page 40 of 79 City of Moab Planning Department 217 East Center Street Moab, Utah 84532-2534 (435) 259-5129 Agenda Summary August 23, 2016 Agenda item # 7-1 Mayor: David L. Sakrison Council: Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd PL-16-125 [Title: Consideration of Approval of Ordinance #2o3.6-og for an Annexation Application of 1.54 Acres Located East of 400 East Street as Submitted by Brian Ballard, Sr., and J.J. Wang, with a Requested Zoning of R-3 Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Applicant: Brian Ballard, Sr. and J.J. Wang Background/Summary: The attached additional information is provided for the Council's review. Because so much of the discussion centered on the requested zoning, the uses and the development standards are provided. As stated in a prior memo, the requested R-3 does not constitute a "spot zone" in an annexation and the ability to request a zone during annexation allows changes in development patterns. It is a clean slate for development and it is a policy decision by council whether or not to adopt the R-3 Multi- family Residential Zone. The proposed annexation is surrounded by some residential uses to the north and west but the majority of the area is currently agricultural. The largest difference between the R-2 and R-3 Zones is the lot size for multi -family development. Both zones have a standard 5,000 square foot minimum lot size. For a duplex the R-2 requires 3,000 square feet per unit and the R-3 requires 2500 square feet. After 2 units, The R-3 requires a lot area of 2,000 square feet per unit be provided. (MMC Sections 17.45.030 and17.48.030) Building location requirements are similar with front setbacks of 15 feet, side setbacks of 7 feet and a rear setback of 12 feet. Options: The City Council can: 1. Approve Ordinance #2016-09 thereby approving the annexation petition as submitted by the applicant with an applied zone of R-3 Multi -family Residential; 2. Approve Ordinance #2016-09 and apply a different zone than the requested R-3 Zone; 3. Not approve Ordinance #2016-09 thus denying the request for annexation and state their reasons; or Agenda Page 41 of 79 4. Table the petition and request additional information. Staff Recommendation: Staff recommends that Council adopt Ordinance #2016-09 approving the annexation and the requested R-3 Zone. Recommended Motion: I move to adopt Ordinance #2016-09 to approve the annexation of the Happy Greenland/Wang annexation of 1.54 acres and approve the requested R-3 Zone. Attachment(s) Aerial Island Aerial Use Comparison Ordinance #2016-09 w/legal description and annexation plat R-2/R-3 Development standards Agenda Page 42 of 79 i�R�aB��I�itT:il CI) C C C RI '471 Z x t 'C 1 (..) Al C ❑a .�- � � as c a) a 6L Jo bb abed Moab City Central Enclave Grand County High School Proposed Day -Wang Annexation N 0 100 200 F 40 Feet 1 inch = 200 feet County NC Zone 2 Zone Residential Area Regulations Development Standard R-2 R-3 Single -Family Dwelling Minimum Lot Area/du (sq ft) 5,000 5,000 Minimum Front Yard (ft) 15 15 Minimum Side Yard 7 7 Minimum Side Yard 7 7 Minimum Side Yard 15 12 Minimum Rear Yard Interior (ft) 12 12 Minimum Rear Yard Corner (ft) 15 15 Max. Net Lot Coverage (%)* 60* 60* Max. Height (ft) 30 30 Min. Lot Width (ft) 50 50 Minimum Structure size (sq ft) 500 500 Duplex or Two -Family Dwelling Minimum Lot Area/du (sq ft) 3,000 sq ft/du 2,500 sq ft/du Minimum Front Yard (ft) 20 15 Minimum Side Yard (ft) 7 7 Minimum Side Yard (ft) 7 7 Minimum Side Yard, Corner 15 12 Minimum Rear Yard Interior (ft) 12 12 Minimum Rear Yard Corner (ft) 15 15 Max. Net Lot Coverage (%)* 60* 60* Max. Height (ft) 30 30 Min. Lot Width (ft) 50 50 Minimum Structure size (sq ft) 500 500 Agenda Page 45 of 79 Three-, Four-, Five- or Six -Family Dwelling Minimum Lot Area/Unit (sq ft) 2,000 sq ft/dwelling Minimum Front Yard (ft) 15 Minimum Side Yard (ft) 7 Minimum Side Yard (ft) 7 Minimum Side Yard, Corner 12 Minimum Rear Yard Interior (ft) 12 Minimum Rear Yard Corner (ft) 15 Max. Net Lot Coverage (%) 60 Max. Height (ft) 30 Min. Lot Width (ft) 50 Minimum Structure size (sq ft) 300 (i) Or fifty-five feet from the centerline of any public street, whichever is greater. (ii) For dwellings having an attached garage or carport the setback shall not be less than twenty feet. (iii) Total of the two side setbacks shall be at least twenty-four feet. (iv) For the purpose of determining front, side and rear setback requirements any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. (v) The minimum distance between dwellings located on the same or adjoining lots shall be sixteen feet and the total width of the two side yards shall be not less than one-third of the frontage of the dwelling or other main building. (vi) Net lot area is defined as the usable portion of the lot after setbacks are deducted from the lot area. (vii) Maximum net lot coverage may be increased to seventy-five percent if the home is a single story structure. Agenda Page 46 of 79 ORDINANCE #2016-09 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING THE WANG PROPERTIES TO THE CITY OF MOAB WHEREAS, on April 11, 2016, the Moab governing body received a petition for annexation of certain property approximately 1.54 acres in size as described in Exhibit "1" hereto; and WHEREAS, the property has been proposed for urban development as defined by Utah State Law; and WHEREAS, the landowners of the affected property have consented to and petitioned for this annexation and the City Recorder on May 26, 2016, certified that the application complies with applicable law; and WHEREAS, the Moab Planning Commission reviewed the application in a public meeting held on July 14, 2016 to review the requested zoning for R-3, Multi -Family Residential Zone and found that the zone is acceptable for the creation of housing in the area; and WHEREAS, the City Council must consider comments from affected entities, if any, and no notice of protest has been filed subsequent to the publication of notice of the application, as required by law; and WHEREAS, the City Council has determined that the property meets the requirements of the City's annexation policy plan; and WHEREAS, the City Council has determined that the property meets the annexation requirements of Utah State Code; and WHEREAS, the governing body has held the appropriate public hearings and given the appropriate public notice and received public input. NOW, THEREFORE, be it ordained by the governing body of the City of Moab that: The property known as the Wang Annexation as described in "Exhibit 1" and illustrated on the attached plat, "Exhibit 2", and located at approximately 672 South 400 East is hereby annexed into the City of Moab and the zoning designation upon recommendation from the Planning Commission for said annexation shall be R-3. This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. PASSED AND APPROVED THIS DAY OF , 2016. Agenda Page 47 of 79 David L. Sakrison Mayor ATTEST: Rachel Stenta City Recorder EXHIBIT #1 HAPPY GREENLAND/WANG REZONE A parcel of land within the Northwest Quarter of Section 7, Township 26 South, Range 22 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning at a point on the East right of way line of 400 East Street, said point being South 765.5 feet and East 19.39 feet from the Northwest corner of said Section 7, and running thence North 72.50 feet along said east right of way line of 400 East Street; thence East 449.71 feet; thence South 355.50 feet; thence West 122.60 feet; thence North 283.00 feet; thence West 327.11 feet to the point of beginning. Contains 67,300 sq. ft. OR 1.54 acres Agenda Page 48 of 79 6L 6b a6ed coatis SECTIC V 7. I . 7'765,11175. I 5t9U.c 400 FAST STREET T 1 r 1 1J f GRAPHIC SCALE ="I nC Yt• •0'[FEETr eels o: 0:MINC _ alSi .. _.. RASBERRY LN GNrrf7n 02-CGl{C5] osttoe moor-xss ANNEXATION MAP MOAB CITY, GRAND COUNTY, UTAH nom, qu U 4.i.- LOANER SEC*ICN `i@5.A77i. ADO,. ANNEXATION DESCRIPTION A parcel of la nC within Ehe Northnvst quarter of Section 7, Township 26 South, Range 22 Ear, Salt Lane Rase and Meridian, Grand County, Utah, being more particularly deco: bed as follows'. Beginning at a pp -Mt do the East right of way line a`a00 East Street, said point being South 765.5 feet and East 19.39 Feet from the Northwest corner orf sa'.d Section 7, and running [hence North 72.56 feet along said east right of way ;I ne of 4C3 East Street; thence East 449.71 FeeC thence South 335.5L1 Feet; thence (Vest 122.63 Feet; thence North 2R3.00 feet; thence West 327.11 Feet to the pc int of beginning. Contains 67,303 sq. Ft. OR ] Se acres Lucas Waite License No. 76 C50d APPROVED BY MOAN CITY Cltr nF CnnLE.i Litt CNC Mtn on en's-On:lET LOCATED IN THE NORTHWEST CJASTER ❑: SECTION 7 TOWNSHIP 26 SOUTH, RANGE 22 EAST S4LT !AK E RASE AND Sri ERI0IAN ANNEXATION fJ1AP 691 S 40-3 E M ❑AB, LTf 84532 sPPRONE0 nF priong A7T5OYE0 rm,,6tt C10.1.6 are 4lrli5 inns 1 a 1 1 Agenda 6L }o pg 86ed NC Zone -County (3.2.1) Upper -story residential Community Services Day Care, general Day care, limited College or University All other government facilities Places of worship Telecommunications tower and facilities Utility substation (CUP) Transmission facilities (CUP) Major utilities (CUP) Minor utilities Restaurant, general (not fast food) Theater Office uses -All Hotel/motel Personal service Sales oriented uses Repair services, limited Vehicle sales and service Fruit and vegetable stand COMPARISON OF USES R-2 Zone- City (17.45.020) One -family dwellings Two-family dwellings Planned unit developments subject to Chapter 17.66 Fences, walls, and hedges Public buildings and churches Agriculture Temporary buildings and yards for construction (one year) Home occupations Child day care centers and foster family care homes Secondary dwelling units as per Chapter 17.69 Other public facilities as allowed under Section 17.09.530 R-3 Zone -City (17.48.020) One -family dwellings Two-family dwellings Apartment houses and other multiple dwellings Court apartments Boarding and rooming houses Fences, walls, and hedges not over seven feet Customary household pets Public facilities and churches Agriculture Temporary buildings and yards for construction Home occupations Child day care centers/foster family care homes Clubs and lodges (nonprofit) Secondary dwelling units (Chapter 17.69) / MOAB CITY COUNCIL MEETING August 23, 2016 Agenda. ltem #: 7-2 Title: Award of the 2016 Downtown Plan Project to CRSA Planning Fiscal Impact: The total amount of this project award will be $28,988. The project is in the approved 2016/2017 Fiscal Year Budget in the amount of $30,000. Staff Presenter: Amy Weiser, Community Services Director Department: Administration Background/Summary: The 2016 Downtown Plan Project will include analysis of existing conditions, meetings with staff and a stakeholders group, public open houses, the creation of a draft document, public hearings, and a final product of a workable downtown plan for the City of Moab. The project was advertised on BidSync. The City received a total of eleven (is) proposals. The proposals were publically opened on June 7, 2016 (see attached bid opening sheet). I performed the initial review of the 11 proposals. Six of the five proposals were initially eliminated based upon required content, experience with similar projects and overall approach to the project. I reviewed the five firms chosen with the City Manager; two of the five were eliminated due to cost and one more was added, also based on cost. The RFP did not state a budget for the project; consequently, the project cost of the proposals received ranged from $28,988 - $3.69,838• An interview panel consisting of three department heads interviewed the four firms on June 24, 2016. Each firm gave a presentation and was asked a series of questions. The presentation and the answers to the questions were scored based on a scale of The initial scoring results were very close, with only a 2.5 point difference. The panel agreed to call references in order to determine if any of the firms could be ruled out. There were no negative references for any of the firms. Therefore, cost became the final determining factor in the decision. 1 Agenda Page 51 of 79 CRSA Planning was the only firm that submitted a proposal within the City's budgeted amount for the project. All references spoke highly of the firm, they have experience with this type of project, and their proposed approach to the project is very practical. City staff is available to answer any questions the Council may have about the project or the bids received. Options: 1. Approve the award of the 2016 Downtown Plan project to CRSA Planning. 2. Increase the budget amount for the project and re -open the bid process with a stated budget for the project in the RFP. 3. Other, as directed by Council. Staff Recommendation: Staff recommends that the Council award the Downtown Plan Project to CRSA Planning. Recommended Motion: "I move to approve the award for the Downtown Plan Project to CRSA Planning as recommended by staff." Attachments: 1. CRSA Proposal 2. Bid opening sheet Agenda Page 52 of 79 City of Moab Planning Department 217 East Center Street Moab, Utah 84532-2534 (435) 259-5129 Fax (435) 259-0600 Memorandum To: Downtown Plan RFP Bid File From: Amy Weiser, Community Services Director Date: August 12, 2016 Re: Downtown Plan RFP / Award Process Mayor: David L. Sakrison Council: Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd As requested, the following is a summary of the interview and selection process for the Downtown Plan. Advertising and Receipt of Proposals The City posted the RFP on BidSync. The city received 11 proposals for review. Staff followed standard procedure for the opening of the bids. Those in attendance for the opening of the bids were myself, Carmella Galley and Bobbie Day (See attached sheet signed be everyone present). Review of Proposals Received I performed the initial review of the 11 proposals. Staff initially eliminated six of the five proposals based upon required content, experience with similar projects and overall approach to the project. I reviewed the five chosen with the City Manager, two of the five were eliminated due to cost and one more was added. The RFP did not state a budget for the project; consequently, the project cost of the proposals received ranged from $28,988 — $169,838. Selection Committee The Selection Committee consisted of three department heads, Tif Miller, Rebecca Davidson and myself. Interviews were scheduled for Friday June 24, 2016. Interviews Applicants were instructed that they could give a maximum 20 minute presentation to be followed by about 30 minutes of interview questions. Interview questions were written by me, and reviewed and approved by both Rebecca Davidson and Tif Miller. Each of the eight questions were given a score of 1- 10 with 10 being the highest score. The presentation was also scored on a scale of 1-10. So the total possible combined score for both the presentation and the questions would be 90. For all three scores from each member of the selection committee combined, the total score possible would be 270. Interview scoring sheets are attached. Agenda Page 53 of 79 The final scores of all those interviewed were extremely close, ranging from 216.5 to 219, only a 2.5 point spread. After some discussion among the committee, it was agreed that I should call and check references on three of the four firms, MGB+A, PEC and CRSA; and then report back to the committee with the findings of the reference checks. Selection I began the process of calling references. None of the firms were given a negative reference; therefore, cost became the final determining factor. CRSA Planning was the only firm that submitted a proposal that fell within the approved budget amount. Agenda Page 54 of 79 CITY COUNCIL MEETING August 23, 2°3.6 I PL-16-79 Agenda Item # 7-3 Title: Consideration and First Reading of Ordinance #2o3.6-o5, an Ordinance to Amend the Home Occupation Regulations in Moab Municipal Code Section 17.09.54o, Home Occupations, and the Business Licensing Section, MMC 5.80.01o, Home occupation permits, by Repealing the Home Inspection and Clarifying Existing Text, as Referred to the City Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Staff Background/Summary: City Staff recently reviewed the process for home occupation permits and is suggesting code changes to reduce the risk to staff members when processing these applications. The ordinance removes the first line of D. Enforcement, #2 that states, "The zoning administrator shall be authorized to enter and periodically inspect permitted premises for compliance with this section and applicable permit terms." The authorization of the zoning administrator to enter the premises for enforcement purposes is also removed from 5.80.010, Home occupation permits, C. Enforcement, #1. ("The zoning administrator shall be authorized to enter and periodically inspect all licensed premises for compliance with this section, applicable license terms, and applicable building, fire and health codes.") This code text amendment adds language into 17.09.540 A, that requires "The applicant [to] provide a floor plan of the dwelling unit and accessory structures with total existing square footage and the total square footage to be devoted to the proposed home occupation." The ordinance also removes Staff's discretion to allow up to two employees who are not residents of the primary dwelling to be working on site and enforcement will be complaint driven. Both the City Attorney and the Police Chief are in support of removing the requirement for a home inspection. The City Attorney has reviewed the draft ordinance and did not see any legal problems with either the form or the substance of the proposed amendments Process: The required public hearing before the Planning Commission was held on May 12, 2016. The 4-0 Planning Commission vote recommends that City Council adopt the ordinance removing the inspection and not allow the additional 2 employees. Two versions of the ordinance are included, one is a Agenda Page 55 of 79 strikethrough version indicating the changes and the other is a "clean" version with the incorporated text changes. Options: City Council can: 1. Adopt Ordinance #2016-05 as drafted; 2. Adopt Ordinance #2016-05 with changes; 3. Vote to not adopt Ordinance #2016-05 and state their reasons; 4. Establish a date for a public hearing; 5. Table the ordinance until a later date and request additional information Staff Recommendation: Staff's recommendation is to adopt Ordinance #2016-05 as written. Recommended Motion: I move to adopt Ordinance #2016-05 to amend MMC Sections 17.09.540 and 5.80.010. Attachment(s): Draft Ordinance #2o3.6-o5 Strikeout version Clean version Agenda Page 56 of 79 ORDINANCE #2016-05 STRIKEOUT AN ORDINANCE TO AMEND CHAPTER 17.09.540, HOME OCCUPATIONS, AND CHAPTER 5.80.010, HOME OCCUPATION PERMITS TO REPEAL THE HOME INSPECTION AND CLARIFY EXISTING TEXT WHEREAS, the City of Moab ("City") adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and WHEREAS, the City has appraised the review process for home occupation permits and especially the home inspection performed by City Staff; and WHEREAS, it is felt that a home inspection is not necessary and in fact, puts staff at risk; and WHEREAS, it has been determined that changes in the application requirements of 17.09.540, Home Occupations, and business license section 5.80.010, Home Occupation Permits, would provide sufficient information for approval of home occupations; and WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on May 12, 2016, to hear and decide the merits of said amendment; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff favorably recommends to Council that the suggested amendment be adopted; and, WHEREAS, Council considered the merits of Ordinance #2016-05 during a regularly scheduled meeting and reviewed the recommendations from the Planning Commission on 2016; and, WHEREAS, Council found that the repeal of a home inspection for the administrative review and approval of home occupation permits is in the best interests of the City and Moab residents. NOW, THEREFORE, Council hereby declares and ordains that the following changes are adopted and the specified code chapter and sections are amended as noted below: 17.09.540 Home occupations. A home occupation may be allowed as an accessory use to a dwelling in the A-2, RA-1, R-2, R-3, R-4 and MH/RV-1. Prior to commencing the home occupation the applicant shall request and be approved for a home occupation permit from the city. The form of the application shall be as required by the planning department but, at a minimum, shall contain the following information: name of applicant, address of home occupation, proposed activity, floor plan of the dwelling and location of the home occupation with total square footage of all structures, and total square footage devoted to the home occupation, and a statement of assurance that the applicant shall comply with the requirements of this section. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a notarized letter signed by the owner agreeing to the proposed home occupation is required. The fee for such application shall be established and modified from time to time by resolution of the city council. Home occupations shall not be permitted for businesses engaged in the retail sale of products to the public. Businesses that conduct off -site sales (e.g., processing orders by mail, telephone or Internet through a home office) must apply for a home occupation permit as established in this section. 8usinesscs that cngagc in somc Agenda Page 57 of 79 properties and the neighborhood. Home occupation permits may continue for the life of the use on a specific property. If the holder of the license relocates to another site, a new home occupation permit is required. If a property changes ownership and it is desired by the new owner to continue the same home occupation, a new permit is required. Also, any substantial change in the nature of the business use shall require the existing licensee to apply for and obtain a new home occupation permit specific to the new business use or expansion. Abandonment of the business use, which shall be defined as cessation of the use of the premises for the licensed business purpose for a period of not less than ninety consecutive days, shall result in the lapse of the home occupation. A. Standards of Operation. Each home occupation shall be subject to compliance with the following conditions: 1. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a letter from the owner, signed and notarized, agreeing to the proposed home occupation is required. 2. The proprietor of the business must permanently live on the premises. 3. A home occupation shall be permitted only when it is an accessory use to a dwelling unit. The home occupation shall not be contrary in physical appearance, traffic, use, and incidental activities to the objectives and character of the zone in which it is located. 4. The home occupation shall not physically change the dwelling or accessory structure or attached or detached garage or yard space to the extent that it would alter the residential or aesthetic character of the dwelling, accessory structure, attached or detached garage, yard, or neighborhood. 5. A home occupation shall utilize no more than twenty-five percent of the total ground floor area of the dwelling unit. Where an accessory building or a screened rear yard is used, no more than twenty-five percent or six hundred square feet in area, whichever is less, shall be devoted to the home occupation. The applicant shall provide a floor plan of the dwelling unit and accessory structures with total existing square footage and the total square footage to be devoted to the proposed home occupation. 6. A home occupation shall not involve the installation of machinery or additional equipment other than that customary to normal household operations. 7. A person who engages in a home occupation shall not use an advertisement, sign, or display on or off the premises; provided, however, that this shall not be construed to regulate signage attached to vehicles. 8. A home occupation shall not operate during hours other than six o'clock a.m. to eight o'clock p.m. 9. A home occupation shall not generate more traffic than the typical or average dwelling unit and it shall not involve or result in the presence of more than two patrons on the premises at one time. 10. A home occupation shall not generate loud and raucous noise, or utilize mechanical, electrical or other equipment or items that produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building or operate in any way that substantially and unreasonably interferes with the use and enjoyment of adjacent or nearby property or interferes with public peace and comfort. 11. A home occupation shall not involve the visible storage of equipment or materials, or the presence of highly explosive or combustible equipment. 12. Parking spaces shall be provided for the dwelling and the home occupation in accordance with the specification in Section 17.09.220, off-street parking and loading. Each licensee is permitted to use and park on the licensed premises one commercial vehicle that has a rated capacity of not to exceed one Agenda Page 58 of 79 ton. The licensee shall provide developed off-street parking for all commercial vehicles used in the business and all employee vehicles. 13. The home occupation shall not occupy any area required to satisfy off-street parking requirements. 14. A home occupation shall not include the following: kennel, mortuary, restaurant, dance studio, nursing home, taxi service, health or medical clinic, veterinary clinic or similar activities. B. Review Process. 1. The proposed home occupation is in compliance with all the Standards of Operation in 17.09.540(A). 2. Terms of the home occupation permit shall be specified in a written statement issued by the City following approval. 3. Decisions by staff may be appealed to the board of adjustments and appeals must be submitted to the planning department within thirty days of written notice of denial. C. Revocation. Home occupations that emit excessive noise, noxious fumes, dust, smoke, or which otherwise impose excessive adverse impacts on neighboring properties may be subject to denial or revocation following delivery of written notice to the owner, as specified in subsection (D) of this section. D. Enforcement. 1. Any person aggrieved by a violation or apparent violation of the provisions of this section may file a written complaint with the zoning administrator. The zoning administrator will conduct an investigation of the apparent violation and who shall investigate such complaint and The zoning administrator will take the appropriate action to have the violation penalized or removed, if such violation is found to exist. 2. compliance with this section and applicable permit terms. Prior to instituting any enforcement action for violations of the license or this code, the zoning administrator shall deliver written notice of the violation to the licensee. The licensee shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended at the discretion of the city manager upon a showing of good cause by the applicant. 3. Any violation not corrected within the abatement period may be subject to, at the option of the city, administrative, civil, and criminal enforcement. 4. In addition to all other remedies, any permit holder that refuses or fails to abate any violation of the business license or this section may be subject to a business license revocation, as provided by Chapter 5.04. 5. Persons operating a business subject to this section without a home occupation permit, or in violation of Chapter 5.04, are subject to all remedies and penalties specified in this code. 6. Any permit or approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or representing agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery of written notice to the permit holder explaining the basis for the action. Revocations may be appealed to the board of adjustment by delivering notice of appeal to the city within ten days of the notice of revocation. (Ord. 14-02 § 2, 2014) Agenda Page 59 of 79 5.80.010 Home occupation permits. A. Business License Required. Each home occupation permit holder shall apply for and maintain for the duration of the use a business license, as specified in Chapter 5.04. Upon the expiration or revocation of a business license pursuant to the procedures in Chapter 5.04 the home occupation permit shall automatically expire. 1. Except as otherwise provided in this section, home occupation licenses may continue for the life of the use. The home occupation license is not transferable to future property owners, or from one location to another. 2. Any substantial change in the nature of the business use shall require the existing licensee to apply for and obtain a new home occupation license specific to the new business use. 3. Abandonment of the home occupations shall be defined as cessation of the use of the premises for the licensed business purpose for a period of not less than ninety consecutive days shall result in the lapse of the home business license. B. Appeals. Decisions by city staff may be appealed to the appeal authority. 1. Appeals must be submitted to the appeal authority within thirty days of written notice. C. Enforcement. 1. The zoning administrator shall be authorized to enter and periodically inspect all licensed premises for compliance with this section, applicable license terms, and applicable building, fire and health codes. 1. Prior to instituting any enforcement action for violations of the license or this code, the zoning administrator official shall deliver written notice of the violation to the licensee. The licensee shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended by the planning commission upon a showing of good cause. 2. Any violation not corrected within the abatement period may be subject to, at the option of the city, 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 home occupation license. 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. 3. Alternatively, violations of this section are punishable as a Class B misdemeanor, as defined by Utah statute. 4. In addition to all other remedies, any licensee that refuses or fails to abate any violation of the license or this section may be subject to a business license revocation, as provided by Chapter 5.04 of the city code. 5. Persons operating a business subject to this section without the required home occupation license, or in violation of Chapter 5.04, are subject to all remedies and penalties specified in this section. 6. Any license or approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or its agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery of written notice to the applicant explaining the basis for the action. Any aggrieved party may appeal such revocation to the appeal authority by delivering notice of appeal within ten days of the notice of revocation. D. All home occupations must meet the requirements of Section 17.09.540, Home occupations. Agenda Page 60 of 79 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 , 2016. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Agenda Page 61 of 79 ORDINANCE #2016-05 AN ORDINANCE TO AMEND CHAPTER 17.09.540, HOME OCCUPATIONS, AND CHAPTER 5.80.010, HOME OCCUPATION PERMITS TO REPEAL THE HOME INSPECTION AND CLARIFY EXISTING TEXT WHEREAS, the City of Moab ("City") adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and WHEREAS, the City has appraised the review process For Home Occupation Permits and especially the home inspection performed by City Staff; and WHEREAS, it is felt that a home inspection is not necessary and in fact, puts staff at risk; and WHEREAS, it has been determined that changes in the application requirements of 17.09.540 and Business License Section 5.80.010, Home Occupation Permits, would provide sufficient information for approval of home occupations; and WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on May 12, 2016, to hear and decide the merits of said amendment; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff favorably recommends to Council that the suggested amendment be adopted; and, WHEREAS, Council considered the merits of Ordinance #2016-05 during a regularly scheduled meeting and reviewed the recommendations from the Planning Commission on , 2016; and, WHEREAS, Council found that the repeal of a home inspection for the administrative review and approval of home occupation permits is in the best interests of the City and Moab residents. NOW, THEREFORE, Council hereby declares and ordains that the following changes are adopted and the specified code chapter and sections are amended as noted below: 17.09.540 Home occupations. A home occupation may be allowed as an accessory use to a dwelling in the A-2, RA-1, R-2, R-3, R-4 and MH/RV-1. Prior to commencing the home occupation the applicant shall request and be approved for a home occupation permit from the city. The form of the application shall be as required by the planning department but, at a minimum, shall contain the following information: name of applicant, address of home occupation, proposed activity, floor plan of the dwelling and location of the home occupation with total square footage of all structures, and total square footage devoted to the home occupation, and a statement of assurance that the applicant shall comply with the requirements of this section. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a notarized letter signed by the owner agreeing to the proposed home occupation is required. The fee for such application shall be established and modified from time to time by resolution of the city council. Agenda Page 62 of 79 Home occupations shall not be permitted for businesses engaged in the retail sale of products to the public. Businesses that conduct off -site sales (e.g., processing orders by mail, telephone or Internet through a home office) must apply for a home occupation permit as established in this section. Home occupation permits may continue for the life of the use on a specific property. If the holder of the license relocates to another site, a new home occupation permit is required. If a property changes ownership and it is desired by the new owner to continue the same home occupation, a new permit is required. Also, any substantial change in the nature of the business use shall require the existing licensee to apply for and obtain a new home occupation permit specific to the new business use or expansion. Abandonment of the business use, which shall be defined as cessation of the use of the premises for the licensed business purpose for a period of not less than ninety consecutive days, shall result in the lapse of the home occupation. A. Standards of Operation. Each home occupation shall be subject to compliance with the following conditions: 1. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a letter from the owner, signed and notarized, agreeing to the proposed home occupation is required. 2. The proprietor of the business must permanently live on the premises. 3. A home occupation shall be permitted only when it is an accessory use to a dwelling unit. The home occupation shall not be contrary in physical appearance, traffic, use, and incidental activities to the objectives and character of the zone in which it is located. 4. The home occupation shall not physically change the dwelling or accessory structure or attached or detached garage or yard space to the extent that it would alter the residential or aesthetic character of the dwelling, accessory structure, attached or detached garage, yard, or neighborhood. 5. A home occupation shall utilize no more than twenty-five percent of the total ground floor area of the dwelling unit. Where an accessory building or a screened rear yard is used, no more than twenty-five percent or six hundred square feet in area, whichever is less, shall be devoted to the home occupation. The applicant shall provide a floor plan of the dwelling unit and accessory structures with total existing square footage and the total square footage to be devoted to the proposed home occupation. 6. A home occupation shall not involve the installation of machinery or additional equipment other than that customary to normal household operations. 7. A person who engages in a home occupation shall not use an advertisement, sign, or display on or off the premises; provided, however, that this shall not be construed to regulate signage attached to vehicles. 8. A home occupation shall not operate during hours other than six o'clock a.m. to eight o'clock p.m. 9. A home occupation shall not generate more traffic than the typical or average dwelling unit and it shall not involve or result in the presence of more than two patrons on the premises at one time. 10. A home occupation shall not generate loud and raucous noise, or utilize mechanical, electrical or other equipment or items that produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building or operate in any way that substantially and unreasonably interferes with the use and enjoyment of adjacent or nearby property or interferes with public peace and comfort. 11. A home occupation shall not involve the visible storage of equipment or materials, or the presence of highly explosive or combustible equipment. 12. Parking spaces shall be provided for the dwelling and the home occupation in accordance with the specification in Section 17.09.220, off-street parking and loading. Each licensee is permitted to use and park on the licensed premises one commercial vehicle that has a rated capacity of not to exceed one Agenda Page 63 of 79 ton. The licensee shall provide developed off-street parking for all commercial vehicles used in the business and all employee vehicles. 13. The home occupation shall not occupy any area required to satisfy off-street parking requirements. 14. A home occupation shall not include the following: kennel, mortuary, restaurant, dance studio, nursing home, taxi service, health or medical clinic, veterinary clinic or similar activities. B. Review Process. 1. The proposed home occupation is in compliance with all the Standards of Operation in 17.09.540(A). 2. Terms of the home occupation permit shall be specified in a written statement issued by the City following approval. 3. Decisions by staff may be appealed to the board of adjustments and appeals must be submitted to the planning department within thirty days of written notice of denial. C. Revocation. Home occupations that emit excessive noise, noxious fumes, dust, smoke, or which otherwise impose excessive adverse impacts on neighboring properties may be subject to denial or revocation following delivery of written notice to the owner, as specified in subsection (D) of this section. D. Enforcement. 1. Any person aggrieved by a violation or apparent violation of the provisions of this section may file a written complaint with the zoning administrator. The zoning administrator will conduct an investigation of the apparent violation and will take the appropriate action to have the violation penalized or removed, if such violation is found to exist. 2. Prior to instituting any enforcement action for violations of the license or this code, the zoning administrator shall deliver written notice of the violation to the licensee. The licensee shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended at the discretion of the city manager upon a showing of good cause by the applicant. 3. Any violation not corrected within the abatement period may be subject to, at the option of the city, administrative, civil, and criminal enforcement. 4. In addition to all other remedies, any permit holder that refuses or fails to abate any violation of the business license or this section may be subject to a business license revocation, as provided by Chapter 5.04. 5. Persons operating a business subject to this section without a home occupation permit, or in violation of Chapter 5.04, are subject to all remedies and penalties specified in this code. 6. Any permit or approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or representing agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery of written notice to the permit holder explaining the basis for the action. Revocations may be appealed to the board of adjustment by delivering notice of appeal to the city within ten days of the notice of revocation. (Ord. 14-02 § 2, 2014) 5.80.010 Home occupation permits. A. Business License Required. Each home occupation permit holder shall apply for and maintain for the duration of the use a business license, as specified in Chapter 5.04. Upon the expiration or revocation of a business license pursuant to the procedures in Chapter 5.04 the home occupation permit shall automatically expire. 1. Except as otherwise provided in this section, home occupation licenses may continue for the life of the use. The home occupation license is not transferable to future property owners, or from one location to another. Agenda Page 64 of 79 2. Any substantial change in the nature of the business use shall require the existing licensee to apply for and obtain a new home occupation license specific to the new business use. 3. Abandonment of the home occupations shall be defined as cessation of the use of the premises for the licensed business purpose for a period of not less than ninety consecutive days shall result in the lapse of the home business license. B. Appeals. Decisions by city staff may be appealed to the appeal authority. 1. Appeals must be submitted to the appeal authority within thirty days of written notice. C. Enforcement. 1. Prior to instituting any enforcement action for violations of the license or this code, the zoning administrator shall deliver written notice of the violation to the licensee. The licensee shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended by the planning commission upon a showing of good cause. 2. Any violation not corrected within the abatement period may be subject to, at the option of the city, 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 home occupation license. 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. 3. Alternatively, violations of this section are punishable as a Class B misdemeanor, as defined by Utah statute. 4. In addition to all other remedies, any licensee that refuses or fails to abate any violation of the license or this section may be subject to a business license revocation, as provided by Chapter 5.04 of the city code. 5. Persons operating a business subject to this section without the required home occupation license, or in violation of Chapter 5.04, are subject to all remedies and penalties specified in this section. 6. Any license or approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or its agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery of written notice to the applicant explaining the basis for the action. Any aggrieved party may appeal such revocation to the appeal authority by delivering notice of appeal within ten days of the notice of revocation. D. All home occupations must meet the requirements of Section 17.09.540, Home occupations. 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 , 2016. SIGNED: David L. Sakrison, Mayor ATTEST: Agenda Page 65 of 79 Rachel Stenta, Recorder Addendum 17.04.020 Zoning text amendments. A. Purpose. The zoning text amendment process allows for amendment to the use requirements within zoning districts to allow particular uses which are not otherwise permitted within a specified zone, provided that proposed uses are substantially similar to, and compatible with, the objectives and characteristics of the zone. B. Uses Not Specified. Uses not specified as authorized within any particular zoning district are prohibited, unless authorized pursuant to the other provisions of this Land Use Code. C. Similar Use Determination Repealed. Text amendments pursuant to this chapter encompass and shall supersede similar use determinations as previously allowed by various sections of this Land Use Code, all of which are hereby repealed. (Ord. 08-03 (part), 2008) 17.04.070 Text amendment approval criteria. It is the burden of the applicant to provide "good cause" to support a proposed text amendment. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, amendments to the Land Use Code are committed to the sound discretion of the city council based upon the following nonexclusive list of criteria: A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the city's general plan? C. Is the amendment consistent with the policies and goals of the general plan? D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? E. Is it in the public interest to approve the proposed amendment? F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? (Ord. 08-03 (part), 2008) 17.04.080 Public hearing required. A. Upon receipt of a complete application under this chapter city staff shall promptly schedule a public hearing before the planning commission. B. Within thirty days following the closing of the public hearing, the planning commission shall either recommend approval, approval with modifications, or disapproval of the application to the city council. The recommendation of the planning commission shall be transmitted to the city council and to the applicant within ten days of the recommendation. C. City staff may provide a staff report, which shall be provided to the applicant no later than three days prior to the public hearing or public meeting before city council. (Ord. 08-03 (part), 2008) 17.04.090 Notification requirements for planning commission public hearing. A. The city shall provide notice with respect to the planning commission public hearing describing the real property subject to the application order under this chapter; the present and proposed zoning; and the time, date, and location of the hearing as follows: 1. By publication in a newspaper of general circulation within the city at least fifteen days prior to the hearing; Agenda Page 66 of 79 2. By mailing to the applicant, affected entities, and real property owners abutting or located within three hundred feet of the subject property at least ten days prior to the hearing; and 3. By posting on the city's official website and in at least one public place within the city, which notice shall also include a map showing the land area proposed for rezoning. B. Property Posting. In addition to the notifications by the city, the applicant shall post signs, in a form acceptable to the city, noticing the public hearing in at least one location every five hundred feet along the perimeter of the land area proposed for map amendment at least three days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date, and place of the public hearing; and contact information for the zoning administrator. C. Exception for General Amendments. When a zoning map amendment or text amendment is incidental to, or part of a general revision of the official zoning map or the text of this Land Use Code, whether such revision is made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, posting notice on the land area subject to the amendment or mailing to affected property owners or adjoining property owners is not required. (Ord. 08- 03 (part), 2008) 17.04.100 Action by city council. A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held promptly following receipt of the planning commission recommendation. B. Notice of the public meeting shall be given to the applicant and by posting in at least one place within the city and by posting on the city's official website at least twenty-four hours prior to the meeting. C. In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance. D. The approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the city council. (Ord. 08-03 (part), 2008) Agenda Page 67 of 79 ORDINANCE #2016-05 AN ORDINANCE TO AMEND CHAPTER 17.09.540, HOME OCCUPATIONS, REPEALING THE HOME INSPECTION AND CLARIFYING EXISTING TEXT WHEREAS, the City of Moab ("City") adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and WHEREAS, the City has appraised the review process For Home Occupation Permits and especially the home inspection performed by City Staff; and WHEREAS, it is felt that a home inspection is not necessary and in fact, puts staff at risk; and WHEREAS, it has been determined that changes in the application requirements would provide sufficient information for approval of the use; and WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on May 12, 2016, to hear and decide the merits of said amendment; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff favorably recommends to Council that the suggested amendment be adopted; and, WHEREAS, Council considered the merits of Ordinance #2016-05 during a regularly scheduled meeting and reviewed the recommendations from the Planning Commission on , 2016; and, WHEREAS, Council found that the repeal of a home inspection for the administrative review and approval of home occupation permits is in the best interests of the City and Moab residents. NOW, THEREFORE, Council hereby declares and ordains that the following changes are adopted and the specified code chapter and sections are amended as noted below: 17.09.540 Home occupations. A home occupation may be allowed as an accessory use to a dwelling in the A-2, RA-1, R-2, R-3, R-4 and MH/RV-1. Prior to commencing the home occupation the applicant shall request and be approved for a home occupation permit from the city. The form of the application shall be as required by the planning department but, at a minimum, shall contain the following information: name of applicant, address of home occupation, proposed activity, floor plan of the dwelling and location of the home occupation with total square footage of all structures, and total square footage devoted to the home occupation, and a statement of assurance that the applicant shall comply with the requirements of this section. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a notarized letter signed by the owner agreeing to the proposed home occupation is required. The fee for such application shall be established and modified from time to time by resolution of the city council. Home occupations shall not be permitted for businesses engaged in the retail sale of products to the public. Businesses that conduct off -site sales (e.g., processing orders by mail, telephone or Internet through a home office) must apply for a home occupation permit as established in this section. $usinesccs that engagc in sem° properties and the neighborhood. Agenda Page 68 of 79 Home occupation permits may continue for the life of the use on a specific property. If the holder of the license relocates to another site, a new home occupation permit is required. If a property changes ownership and it is desired by the new owner to continue the same home occupation, a new permit is required. Also, any substantial change in the nature of the business use shall require the existing licensee to apply for and obtain a new home occupation permit specific to the new business use or expansion. Abandonment of the business use, which shall be defined as cessation of the use of the premises for the licensed business purpose for a period of not less than ninety consecutive days, shall result in the lapse of the home occupation. A. Standards of Operation. Each home occupation shall be subject to compliance with the following conditions: 1. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a letter from the owner, signed and notarized, agreeing to the proposed home occupation is required. 2. The proprietor of the business must permanently live on the premises. 3. A home occupation shall be permitted only when it is an accessory use to a dwelling unit. The home occupation shall not be contrary in physical appearance, traffic, use, and incidental activities to the objectives and character of the zone in which it is located. 4. The home occupation shall not physically change the dwelling or accessory structure or attached or detached garage or yard space to the extent that it would alter the residential or aesthetic character of the dwelling, accessory structure, attached or detached garage, yard, or neighborhood. 5. A home occupation shall utilize no more than twenty-five percent of the total ground floor area of the dwelling unit. Where an accessory building or a screened rear yard is used, no more than twenty-five percent or six hundred square feet in area, whichever is less, shall be devoted to the home occupation. The applicant shall provide a floor plan of the dwelling unit and accessory structures with total existing square footage and the total square footage to be devoted to the proposed home occupation. 6. A home occupation shall not involve the installation of machinery or additional equipment other than that customary to normal household operations. 7. A person who engages in a home occupation shall not use an advertisement, sign, or display on or off the premises; provided, however, that this shall not be construed to regulate signage attached to vehicles. 8. A home occupation shall not operate during hours other than six o'clock a.m. to eight o'clock p.m. 9. A home occupation shall not generate more traffic than the typical or average dwelling unit and it shall not involve or result in the presence of more than two patrons on the premises at one time. 10. A home occupation shall not generate loud and raucous noise, or utilize mechanical, electrical or other equipment or items that produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building or operate in any way that substantially and unreasonably interferes with the use and enjoyment of adjacent or nearby property or interferes with public peace and comfort. 11. A home occupation shall not involve the visible storage of equipment or materials, or the presence of highly explosive or combustible equipment. 12. Parking spaces shall be provided for the dwelling and the home occupation in accordance with the specification in Section 17.09.220, off-street parking and loading. Each licensee is permitted to use and park on the licensed premises one commercial vehicle that has a rated capacity of not to exceed one ton. The licensee shall provide developed off-street parking for all commercial vehicles used in the business and all employee vehicles. Agenda Page 69 of 79 14. The home occupation shall not occupy any area required to satisfy off-street parking requirements. 15. A home occupation shall not include the following: kennel, mortuary, restaurant, dance studio, nursing home, taxi service, health or medical clinic, veterinary clinic or similar activities. B. Review Process. 1. The proposed home occupation is in compliance with all the Standards of Operation in 17.09.540(A). 2. Terms of the home occupation permit shall be specified in a written permit issued by the city following approval. A written notice of decision shall be issued following approval or denial of any application. The terms of the approved home occupation permit shall be specified in the notice of decision. 3. Decisions by staff may be appealed to the board of adjustments and appeals must be submitted to the planning department within thirty days of written notice of denial. C. Revocation. Home occupations that emit excessive noise, noxious fumes, dust, smoke, or which otherwise impose excessive adverse impacts on neighboring properties may be subject to denial or revocation following delivery of written notice to the owner, as specified in subsection (D) of this section. D. Enforcement. 1. Any person aggrieved by a violation or apparent violation of the provisions of this section may file a written complaint with the zoning administrator. The zoning administrator will conduct an investigation of the apparent violation and whe-s#a�'�est gates su^h^ ^'ai^* a^dT e-zon ng adinistrafer will take the appropriate action to have the violation penalized or removed, if such violation is found to exist. 2. compliance with this section and applicable permit terms. Prior to instituting any enforcement action for violations of the license or this code, the zoning administrator shall deliver written notice of the violation to the licensee. The licensee shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended at the discretion of the city manager upon a showing of good cause by the applicant. 3. Any violation not corrected within the abatement period may be subject to, at the option of the city, administrative, civil, and criminal enforcement. 4. In addition to all other remedies, any permit holder that refuses or fails to abate any violation of the business license or this section may be subject to a business license revocation, as provided by Chapter 5.04. 5. Persons operating a business subject to this section without a home occupation permit, or in violation of Chapter 5.04, are subject to all remedies and penalties specified in this code. 6. Any permit or approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or representing agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery of written notice to the permit holder explaining the basis for the action. Revocations may be appealed to the board of adjustment by delivering notice of appeal to the city within ten days of the notice of revocation. (Ord. 14-02 § 2, 2014) Agenda Page 70 of 79 5.80.010 Home occupation permits. A. Business License Required. Each home occupation permit holder shall apply for and maintain for the duration of the use a business license, as specified in Chapter 5.04. Upon the expiration or revocation of a business license pursuant to the procedures in Chapter 5.04, the home occupation permit shall automatically expire. 1. Except as otherwise provided in this section, home occupation licenses may continue for the life of the use. The home occupation license is not transferable to future property owners, or from one location to another. 2. Any substantial change in the nature of the business use shall require the existing licensee to apply for and obtain a new home occupation license specific to the new business use. 3. Abandonment of the home occupations shall be defined as cessation of the use of the premises for the licensed business purpose for a period of not less than ninety consecutive days shall result in the lapse of the home business license. B. Appeals. Decisions by city staff may be appealed to the appeal authority. 1. Appeals must be submitted to the appeal authority within thirty days of written notice. C. Enforcement. 1. The zoning administrator shall be authorized to enter and periodically inspect all licensed premises for compliance with this section, applicable license terms, and applicable building, fire and health codes. 2. Prior to instituting any enforcement action for violations of the license or this code, the zoning administrator official shall deliver written notice of the violation to the licensee. The licensee shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended by the planning commission upon a showing of good cause. 3. Any violation not corrected within the abatement period may be subject to, at the option of the city, 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 home occupation license. 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. 4. Alternatively, violations of this section are punishable as a Class B misdemeanor, as defined by Utah statute. 5. In addition to all other remedies, any licensee that refuses or fails to abate any violation of the license or this section may be subject to a business license revocation, as provided by Chapter 5.04 of the city code. 6. Persons operating a business subject to this section without the required home occupation license, or in violation of Chapter 5.04, are subject to all remedies and penalties specified in this section. 7. Any license or approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or its agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery of written notice to the applicant explaining the basis for the action. Any aggrieved party may appeal such revocation to the appeal authority by delivering notice of appeal within ten days of the notice of revocation. D. All home occupations must meet the requirements of Section 17.09.540, Home occupations. Agenda Page 71 of 79 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 _th day of , 2016. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Agenda Page 72 of 79 CITY OF MOAB ORDINANCE NO.2016- AN ORDINANCE AMENDING CITY PROCUREMENT PROCEDURES, ENACTING CERTAIN ETHICS PROVISIONS, AND PROVIDING FOR DISCLOSURE OF TRANSACTIONS IN WHICH CITY EMPLOYEES OR OFFICIALS MAY HAVE A PERSONAL INTEREST. a. The City of Moab maintains a purchasing ordinance to provide for the efficient acquisition of goods, services, and equipment required by the City. b. The City of Moab has determined that there is a need to periodically update and amend its purchasing ordinances for the purpose of assuring that public funds are allocated responsibly. c. Members of the public have requested that the City change its ordinances to provide greater transparency with respect to purchasing decisions by City officials. Now therefore, the City of Moab repeals the entirety of MMC § 2.28.010 through 070 and enacts the following: Chapter 2.28 Purchasing Procedures 2.28.010 Definitions. The following definitions apply to this Chapter. A. "Employee" means a person who is not an elected officer of the City of Moab and who performs services for the City on a full or part time basis in exchange for wages. B. "Essential Public Works" mean the City culinary water system, wastewater treatment system, storm -water conveyance system, flood control system, or streets and sidewalks. C. "Official" means the Mayor, the members of the City Council, and the appointed members of all other City boards and commissions. D. "Interest" means a pecuniary, monetary, or material benefit accruing to a City employee or official as a result of any business, contract, or official act by the City. For purposes of this Chapter, an official or employee of the City shall be deemed to have an interest in the affairs of that person's: 1. spouse, sibling, child (regardless of age), or parent; 2. domestic partner, which is defined to be an unrelated person living with an another in committed relationship that is not defined as marriage; 3. business entity in which the person is a partner, officer, director, member, manager, or employee; or 4. business entity in which the person holds legal or beneficial ownership in excess of ten percent (10%) of the total stock or total beneficial ownership. 1 Agenda Page 73 of 79 E. "Local Vendor" means a person or business entity holding a business license and having its sole place of business: 1) within Grand County, Utah; or 2) within a twenty mile radius of the City of Moab municipal limits. F. "Non -Responsive" means a proposal or bid from a vendor which does not conform to the published requirements for a procurement as to such terms as quantity, scope of services, price, quality, time of submittal or performance, or other material requirements established by the Purchasing Agent. G. "Procurement" means the process of contracting for construction, goods, services, equipment, or personal property by the City pursuant to established purchasing procedures. H. "Purchasing Agent" means the person tasked with administering this Chapter, as specified from time to time by the City Manager. I. "Recorder" means the City Recorder as appointed pursuant to MMC Chapter 2.12 or the Deputy Recorder, who may perform those functions in the Recorder's absence. 2.28.020 Purchasing Agent. The Purchasing Agent shall be responsible for all purchases of equipment, goods, or services required by the City. It is the duty of the Purchasing Agent and all City employees to engage in purchasing in a manner which is honest, transparent, and which provides the most advantageous terms to the City. All City department heads shall transmit their written purchasing requests to the Purchasing Agent for review and approval. The Purchasing Agent shall be designated by the City Manager. A. The Purchasing Agent shall evaluate all requests for expenditures to determine if: 1) sums requested have been budgeted; 2) procurement processes have been followed; and 3) contract provisions have been performed. 2.28.030 Purchasing Authority- Small Purchases. Upon the request of any department head or upon the Purchasing Agent's own request, the Purchasing Agent has authority to procure goods, services, equipment, or other personal property with a cost of less than ten thousand dollars (Small Purchases) by issuing a purchasing order to the applicable vendor. The Purchasing Agent shall engage in reasonable diligence to assure that Small Purchases are obtained upon the best possible terms, considering price, quality, reliability, availability, and performance of the vendor. 2.28.040 Competitive Proposals for Projects up to $50,000.00. For all procurements having a cost which is likely to exceed ten thousand dollars, but which is not to exceed fifty thousand dollars, the Purchasing Agent shall solicit competitive proposals from at least three vendors. All responsive proposals shall be presented to the City Council, subject to a recommendation by the Purchasing Agent as to the most favorable proposal with respect to price, quality, reliability, availability and performance of the vendor. The City Council, in its discretion, may approve the procurement, request additional information, or reject all proposals. 2.28.050 Unresponsive Bidders for Competitive Proposals. In procurements subject to Section 040, above, if fewer than three proposals are received by the submittal deadline and the 2 Agenda Page 74 of 79 department head provides sufficient documentation to the Purchasing Agent that the request for proposals have been sent to: 1) five providers; or 2) all local providers of the property or service to be procured; then the requirement for at least three proposals may be waived by the Purchasing Agent if the proposals received are deemed competitive and fair. 2.28.060 Essential Public Works Projects. For Procurements involving Essential Public Works projects and having a cost in excess of ten thousand dollars but not exceeding fifty thousand dollars, the Purchasing Agent and City Manager may waive the competitive proposals requirement, provided that the Purchasing agent obtains written proposals from at least three vendors and the Purchasing Agent determines that the proposals are competitive and fair. 2.28.070 Competitive Sealed Bids for Projects in Excess of $50,000.00. For all procurements having a cost which is likely to exceed fifty thousand dollars the Purchasing Agent shall solicit competitive sealed bids from responsible bidders. The Purchasing Agent, in conjunction with the applicable department head, shall develop specifications for the procurement and may pre -qualify vendors who, on the basis of experience, training, or past performance, have the capability to perform. A. Procurements subject to competitive sealed bids shall be published in a manner calculated to provide notice to interested vendors, but which shall at least include publication on the City's website and by newspaper. The Purchasing Agent may re -publish or extend the bidding deadline if the notice has generated insufficient vendor response. B. Bids shall be opened publicly at a date and time which is published. C. The Purchasing Agent may reject non -responsive bids. Bids which contain a mathematical or similar error may be withdrawn by the bidder at any time prior to acceptance by the City Council. D. All responsive bids shall be presented to the City Council, subject to a recommendation by the Purchasing Agent as to the most favorable proposal with respect to adherence to specifications, price, quality, reliability, availability and performance of the vendor. The City Council, in its discretion, may approve the procurement, request additional information, or reject all proposals. 2.28.080 Local Business Preference. Local vendors, as defined by this Chapter, may receive a procurement preference as follows: A. A request for a local business preference along with any necessary documentation establishing that a party is a Local Vendor must be submitted to the Purchasing Agent in writing in conjunction with the delivery of the vendor proposal or bid; B. A responsive proposal or bid from a Local Vendor will be deemed the lowest proposal or bid if the total cost is no more than five percent greater than the lowest responsive proposal or bid from a non -local vendor. C. The Local Vendor preference shall not exceed the sum of twenty five thousand dollars. For example, if a non -local bidder bids $600,000.00 for a procurement and a Local 3 Agenda Page 75 of 79 Vendor bids $630,000.00 (within 5% of the non -local bid), the contract will be awarded to the Local Vendor in an amount not to exceed $625,000.00. A Local Vendor who cannot honor the cap on the bid preference may withdraw its bid at any time prior to acceptance. D. The City may reject an award of a contract subject to a Local Vendor preference if the preference would result in a contract exceeding budgeted or legally available amounts. 2.28.090 Repeat Purchases Not to Evade Procurement Thresholds. City employees or officials shall not engage in any practice or actions which have the purpose or effect of evading the procurement rules of this Chapter. A. Where programmatic or repeated procurements, as anticipated in approved budgets, are individually beneath any particular procurement threshold, but likely to exceed a procurement threshold when combined, the Purchasing Agent shall confer with department head as applicable and define an expected scope of procurements for the fiscal year. The fiscal year dollar limit so -defined shall determine which procurement process applies. 2.28.100 Procurement Exceptions. The following procurement exceptions are authorized by this Chapter. A. Emergencies. Where there is an emergency situation involving a threat to public health, welfare, or safety, including but not limited to, essential public works such as the wastewater treatment system, culinary water system, storm -water system, or the like, the Purchasing Agent, in consultation with the City Manager, may waive the procurement rules specified by this Chapter. The Purchasing Agent shall report the emergency procurement exception to the City Council no later than thirty days from the date of the procurement. The Purchasing Agent shall assure that the terms of the procurement are as competitive and favorable as the circumstances will allow. When the emergency has passed all further procurement shall be conducted in conformity with this Chapter. B. State Approved Contracts. Where the State of Utah has established a procurement contract for state agencies which is available to local governments, the City is not required to engage in a different procurement process, and may purchase goods, services, equipment, or the like pursuant to the published price schedules, catalog prices, or specified terms. City departments are encouraged to utilize state procurements where practicable. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of ten thousand dollars, the purchase is subject to City Council review and approval. C. Single Source Procurement. Where there is only a single source available for a particular procurement, the Purchasing Agent may waive proposal or bid requirements, provided that the department head undertakes reasonable efforts to: 1) document that no alternative provider is available; and 2i) secure the most advantageous terms for the City. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of ten thousand dollars, the purchase is subject to City Council review and approval. D. Exclusions. The following contracts or transactions are excluded from the Procurement provisions of this Chapter: contracts for the purchase/sale of an interest in real 4 Agenda Page 76 of 79 estate; employment contracts; contract change orders; intergovernmental agreements; grant or similar agreements where the City serves as a funding conduit to a third party; statutory appointee contracts; utility, franchise, or public right-of-way agreements; and extensions of existing contracts. E. Alternative Procurement Processes. The City Council may authorize other or alternative procurement procedures on a case by case basis upon a showing of good cause. 2.28.110 Certification and Approval of Bills. The Purchasing Agent shall receive all invoices, bills, and other sums claimed to be owing by the City. In consultation with the City Manager and department heads, the Purchasing Agent shall review and certify for payment all properly payable items. The City Council shall review the Purchasing Agent's certification and, if satisfied as to its accuracy, it may approve the invoices and bills, which shall then be deemed payable as an obligation of the City. 2.28.120 Employee and Official Ethics. A. An employee or official of the City shall not supervise or exercise oversight with respect to any City contract where the employee or official has an Interest, as defined by this Chapter, in the party performing the contract. B. Every employee or official of the City who has an Interest, as defined by this Chapter, in any entity or person who maintains a contract, or who anticipates entering into a contract or similar business relationship with the City, shall publicly disclose to the City, in writing and on forms maintained by the City, the nature of that Interest immediately prior to any official action or discussion with respect to that business relationship. The employee or official shall not vote or otherwise participate in any decision or action pertaining to that related person, business, or contract, and the disclosure shall be noted in the minutes of the decision making body. C. Employees and officials shall disclose in writing, at least annually, their Interest in all related businesses doing business with the City. Written disclosures shall be updated promptly when there is any change in the employee or official's Interest in the related business or person. D. No City employee or official, with respect to any contract or transaction which is or may be the subject of an official act of the City shall, without proper legal authorization, disclose confidential information concerning the transaction, any actions of the City, or otherwise use such information to benefit the employee or official, or others. E. Employees who act in good faith to report or disclose to the City any misconduct or actions undertaken in violation of this Chapter shall not be subjected to any adverse employment action for doing so. Nothing in this provision shall be deemed to alter any other employment policies or procedures. 5 Agenda Page 77 of 79 F. No employee or official shall use his or her office or position for the purpose of securing special privileges or pecuniary benefits for the employee or official, or for entities or persons in which that employee has an Interest, as defined by this Chapter. 2.28.130 Remedies. The sole remedies for violations of this Chapter are as follows: A. A contract or transaction which is entered into in violation of this Chapter is voidable, in the discretion of the City Council. B. An employee who knowingly violates this Chapter may face disciplinary action, subject to applicable personnel policies, up to and including termination. C. An official who knowingly violates this Chapter may be subject to removal from office in the manner otherwise provided by law. 2.28.140 Construction Bonding. General contractors and others providing construction services pursuant to a contract with the City shall deliver a bond from a surety authorized to do business in the State of Utah or other approved form as provided in this Chapter. A. A bid security bond in an amount equal to five percent of the amount of the bid is required for all construction projects in which the bid amount exceeds fifty thousand dollars. B. Payment and performance bonds in an amount equal to one hundred percent of the contract price are required for all construction contracts, unless alternative security is authorized pursuant to this Chapter. C. The City Manager and Purchasing Agent may waive or alter the bonding requirements on contracts with a total contract price of not more than five hundred thousand dollars where: 1) it is determined that bonding in the required amount cannot be reasonably obtained; and 2) alternative means of security which provide an adequate substitute for payment and performance bonds are sufficient. This staff -level waiver shall be made in writing, with notice to the City Council. D. Where the City elects to waive or alter bonding requirements, the construction contract shall contain one or more alternative security mechanisms to secure performance by the contractor and/or payment to subcontractors, laborers, and material suppliers. Alternative security mechanisms may include: 1) an irrevocable letter of credit payable to the City; 2) a first position deed of trust on real property; 3) a cash deposit to be held by the City; or 4) other collateral, contract, or security instruments as approved by the City Attorney. 1. In every contract where there is a modification of bonding requirements, the City is authorized to: i) issue payment in the form of joint payee checks payable to the general contractor and subcontractors, laborers, or material suppliers; ii) require that subcontractors, laborers, and material suppliers execute payment waivers extinguishing claims against the City, in a form acceptable to the City Attorney, concurrent with progress payments and at final completion; and/or iii) alter retainage disbursements. 6 Agenda Page 78 of 79 2.28.150. Recorder to Maintain Contract Records. The Recorder shall keep records documenting all contracts entered into by the City and documenting all expenditures under those contracts. 2.28.160 Surplus Personal Property. The Recorder may dispose of surplus personal property of the City at a publicly noticed and advertised sale. All such sales shall be undertaken in a commercially reasonable manner, after notice to the City Council, and in conformity with the Surplus Property Policy, as established by the City from time to time. This ordinance shall take effect immediately upon passage. Mayor David Sakrison Date Attest: Rachel Stenta, Recorder Date 7 Agenda Page 79 of 79