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HomeMy Public PortalAboutPKT-CC-2016-09-12Moab City Council September 12, 2016 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 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 Monday, September 12, 2016 at 6:30 p.m. 6:30 p.m. 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: SECTION 7: Agenda PRESENTATION Grand County Assured Housing Update PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 None CITIZENS TO BE HEARD PRESENTATIONS 3-1 Presentation/Update by Edith Sage of BEACON After School Program PROCLAMATIONS 4-1 None PUBLIC HEARING (Approximately 7:15 PM) 5-1 None SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of a Private Property Vendor License for Quesadilla Moabilla Located at 89 North Main Street 6-2 Approval of Local Consent for a Single Event Permit for Moab Investments / Club Rio for Moab Pride Festival located at 156 N 100 W 6-3 Approval of a Request by BEACON After School Program for Special Use of Suncourt and Moonstone Gallery to Conduct the 2016 Moab Science Festival on September 24, 2016 NEW BUSINESS 7-1 Award of the Downtown Plan Proposal 7-2 Approval of Change Order #1 for the 2016 Sanitary Sewer Rehabilitation Project with Lance Excavating, Inc. 7-3 Approval of a Purchasing Exception to Parr, Brown, Gee and Loveless in an amount not to exceed $33,928.38 7-4 Second Reading of Proposed Ordinance #2016-05 — An Ordinance to Amend the Pa e3pf7 Home Occupation Regulatigins 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 7-5 First Reading of Proposed Ordinance #2016-10 — An Ordinance to Amend City Ordinance # 2014-07 That Adopts The Building Codes And Amendments Currently Adopted By The State Under Utah State Rule 156-56 of the Utah Uniform Building Standards Act 7-6 First Reading of Proposed Ordinance #2016-12 — An Ordinance Amending the City Municipal Code, Sections 12.20.005 and 12.20.030 and Adding Section 12.20.060 by Amending and Defining Restricted Park Uses 7-7 First Reading of Proposed Ordinance #2016-13 — 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 7-8 Discussion and Possible Action on Affordable Housing Goals and Policies 7-9 Discussion and Possible Action on a Sewer Agreement with Spanish Valley Water and Sewer Improvement District 7-10 Request to Send a Permanent Community Impact Fund Board Application for the Utah State Univeristy Infrastructure Project to Public Hearing on September 27, 2016 7-11 Request to Send a Permanent Community Impact Fund Board Application for the Water Tank Project to Public Hearing on September 27, 2016 7-12 Discussion and Possible Action on Public Works Director Position 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 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 12, 2016 Agenda item #: 6-1 Title: Approval of a Private Property Vendor License Renewal for 2016-2017 for Quesadilla Mobilla located at 89 North Main Street Fiscal Impact: This action will have a minimal impact on the City's fiscal situation. Staff Presenter: Amy Weiser, Community Services Director Department: Administration Applicant: Steven Lucarelli and Carrie Finn Summary: Quesadilla Mobilla was approved for a Private Property Vendor License at this location last year. The applicants are very familiar with the terms and conditions of the Vendor regulations. Staff reviewed the renewal application for this location and found that the applicants have met all of the application requirements during their past year of operation and there have been no complaints or violations. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of the Private Property Vendor License Renewal for Quesadilla Mobilla at 89 North Main Street for 2016-2017. This Food Vendor License is approved according to the site plan and other application materials submitted by the applicant. Recommended Motion: "I move to approve the Private Property Vendor License Renewal for Quesadilla Mobilla located at 89 North Main Street Food Vendor License." Attachment(s): Application Materials Agenda Page 5 of 79 Rib* REC'D CITY OF MOAB DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB AUG 2 9 2016 VENDOR (REQUIRES CITY COUNCIL APPROVAL-411gRLY), RUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OFMOAB FEE: $ (AS DETERMINED BY RESOLUTION) LICENSE #: ZONE: BUSINESS NAME: Cal tie J. 641-11 L. / dl or/Q BUSINESS MAILING ADDRESS: 30 E /oo S �6 e-mail address: CITY: 1 ' Op. 41, BUSINESS PHONE: 13S'26b- D ZS9 STATE: UT ZIP: p 4/53 2, c es4as aLyipC, f& L f� m ail. Lo4-1 Location(s) where business will be conducted: �f Attach agreement of authorization from property owner(s) A. including employee use of Reslroom Facilities iv, P1 Oa S/-, Length of time and/or specific dates business will be conducted: Caul. -Nod 201,4 i /1 c.r-- 5e/4. 2 b /7 7 q Mo er4h.r Proposed hours of operation: if aerl - Spnq 7 Joys a W en It Type (see definitions): ❑ Cart CaVehicle ❑ Display Apparatus Vendor Type (see definitions): ❑ Street Vendor ❑ Sidewafk Vendor IS Private Property Vendor ❑ Local Vendor ❑ Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: s�,'II�,s cam,. 6�usrae�- BUSINESS OWNER'S NAME: 51".e n LUcbrC O.4^" r i' PHONE: 303-669- /7yy OWNER'S ADDRESS: 310 E 00S. # CITY: Mo0.1 STATE: UT ZIP: g yS32. OWNERS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNER'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: OPERATOR'S NAME (IF DIFFERENT FROM OWNER): PHONE: OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: ZIP: SALES TAX ID If (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FOR TAX ID: aesm.. )14 4/ l;l/6, PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 6 of 79 THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL OF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. UWE S+ie-A LUct,,,!'e HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. IANE UNDERSTAND THIS LICENSE IS NON TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. IANE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. Signalure" of Applicant State of Utah ) § County of Grand 8--2 / -- / Dale SUBCRIBED AND SWORN to before me this a 1; day of 4 J , a C / ie . NOTARY PU DEFINITIONS: ➢ Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. ➢ Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. ➢ Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. ➢ Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14.): o Street Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, ➢ Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. ➢ Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. ➢ Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. ➢ Street Vendor: Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 11/27/2013 T. BUS1NESSLICL•NSESV3USLICFORAISiBusLic-Vendorrevisou.dacr C a) a1 a Page 7 of 79 VENDOR APPLICATION CHECKLIST 121DESCRIPTION OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING: O DIMENSIONS OF THE STRUCTURE ❑ PHOTOGRAPHS OF STRUCTURE ❑ SITE PLAN TO A SCALE OF NOT LESS THAN 1/$"EQUALS ONE FOOT SHOWNG: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY ❑ LANDSCAPED AREAS WITH DIMENSIONS ❑ ALL EASEMENTS IMPACTING THE PROPERTY ❑ SIGN PLAN ❑ CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK OF PROPOSING OPERATION IN A RESIDENTIAL ZONE) ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM Lr7 HEALTH INSPECTION REPORT (IF APPLICABLE) ❑ IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. Ll"ZONING COMPLIANCE EVIDENCE ❑ COMPLETE ATTACHED COMPLIANCE FORM ❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM AGREEMENT WREFUSE/RECYCLING PLAN (IF APPLICABLE) ❑ FIRE OR BUILDING INSPECTION (IF APPLICABLE) ❑ COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) ❑ ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 11/17/2013 PIBUSLVESSLICF.NSES4BUSL1C1'ORAISIBusLic- *War reviscuLdocr C d Q Page 8 of 79 LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED O DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING APPROVED O DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: APPROVED DISAPPROVED REASON(S): Fee Calculation: Mobile Vendor Fee Structure Administrative Fee* $600 one time fee Solid Waste Fee/Food vendors $10 per month or partial month Limited Term (less than 30 days) $610 Plat Fee (includes administrative fee Long Term (1 month-12 months) $20 per month (plus admin flee) "Waived for local vendors with permanent business address in Grand County 4,, 7 "• "' `'I..'�-41.167 111011 1I/271201J 7:lBUSlNESSLICENSESIBUSLICPORdISIBusLie - Vendor repisoe.docr C d a) a Page 9 of 79 CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): ❑ OTHER, PLEASE EXPLAIN: BUSINESS NAME: BUSINESS ADDRESS: OWNERS NAME: 5--FeUen TYPE OF BUSINESS (EXPLAIN IN DETAIL): �uese,A,Lik J I d iwitel 3G `� 1 /cos #G , /UIo„ S/ UT 8yS37 L[1C.44re,' Garrt'e � FnZ Truc.,� BUSINESS PRONE: 1/3,S Z.0- /�7`/ d2�' / OWNERS PHONE 303-bb�-/ /7 7 THE FOLLOVVING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUIRED: ❑ YES � NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED DISAPPROVED REASON: SiZ NATURE FIRE INSPECTOR (435)259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ❑ YES k0 (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVDISAPPROVED ❑ REASON 1 SIGNATUREAlPFP-/ SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED: )21 YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION^ APPROVED DISAPPROVED ❑ REASON: o7invns c d Q Page 10 of 79 c.Aty or ivioao 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Name of Applicant: eu e Loco-rd If' Business Name: avesac e'l (o• /140 101/4 Address: 8 el N /1'1 a:1 S� , Al "kb W 94532- Phone: 303 — 66 9 —l7`/7 Email: cluesL1.11k �.,�4r1, c0/11 Property Owner: Toil n tSena. ' J Quet Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Street Vendor O Sidewalk Vendor 0 Private Property Vendor O Local Vendor ❑ Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): D Cart 0,Vehicle ODisplay Apparatus Detailed description of business activities: /140611e Fa-nc)' Tuck Total number of off-street parking spaces: 1 Hours of operation.- lfl4nl ` rvt , 7 days a. wee, To be filled out by city: Zoning: C97 Allowed use per Moab Municipal Code section: Number of parking spaces required for permanent business. N IA Number of parking spaces required for other businesses: t4 I A 6ThRIWL Zoning Administrator �••�� Date cc c a) a1 a Page 11 of 79 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-51 21 FAx (435) 259-4135 Property Owner Authorization Letter City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that 1, (property owner name) am the owner of the property located at U N A/1 am 5+ (propeity address and parcel tax ID ft) I understand that Sfeue.A rtfe has applied for a business license for (name of business license applicant) C. 11esaA.,-1(t& /14a1t-ll( (applicant business name) from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my res cilities6r employees of the above listed business. „J., 44 (--fa t.A. e. v, ature i3s- Z.S gn/5.- Printed Name er m Y!�(w1e -5.co t� Telephone # Email l Please list additional businesses authorized to use the above propertp and restroom facilities: c a) a1 a Page 12 of 79 Request for Approval of Additional Seating The owners of the Quesadilla Mobilla would like to request approval for additional tables and seating as shown on the attached site plan. This additional seating will provide more accommodations for our customers while reducing overflow into surrounding areas. ca c d c) Q Page 13 of 79 100N Street Parking Main St Sidewalk 31' 30' Sidewalk Existing Sign Pont Tables ---F1 2S' Tree i� Quesadilla Mobilla Power Outlets J r Red Rods Lodge Sign 8 \LT1 / aTabies.,, Tree Dumpster Gallery Moab Trash/Recycling Cans Power Pole Storage Shed 12' ,z` Restroom Access Parking Alley 52' 48' Page 14 of 79 Price: Tel: 435.637.3671 Moab: Tel: 435.259.5602 httpJ/www.seuhealth.com Establishment Name: r1' Owner Name: Card , .0 5497,-tc.1, Address: thine As ; to � Date: 3= 31- OFFICIAL FOOD ESTABLISHMENT INSPECTION Based on an Inspection this day, the items marked below identify the violation(s) in operation or facilities which must be corrected. Failure to correct listed violation(s) prior to the designated compliance date may necessitate an additional reinspection at a charge of 50% of applicable annual permit fee for the first visit with an additional 50%for each additional reinspection (i.e. 50%, 100%, 150%). Administrative Order to Show Cause (OSC): The Permittee has the right to a hearing if requested in writing within 15 calendar days of receipt of this notice, to show cause why the permit to operate should not be suspended or revoked; otherwise the right to a hearing shall be deemed waived. 1n = inn complienae COS = Corrected on -site t4lO = Not observed MAJ = Ma or violation DEMONSTRATION OF KNOWLEDGE COS MAJ OUT �fm ' WO I. Demonstration of knowledge; food safety cerlitIcation Food Safety Celt Name: 2 EMPLOYEE HEALTH & HYGIENIC PRACTICES 4 2 Communicable disease reporting, r& exclusions to WO 3. No discharge from eyes, rase, and moult 2 /Ill' N(0 4. Proper Idling, tasting, drirddrg or tobacco use 2 PREVENTING CONTAMINATION BY HANDS t� WO 5. Hands dean and properly washed; gloves used properly 4 2 6. Adequate lhandwashing takes supplied & accessible 2 ` Tomato TEMPERATURE RELATIONSHIPS V WO WA 7. Proper hat and add holding temperatures 4 2 fg WO WA 8. Time as a public health control; procedures & records 4 2 1tr WO WA 9. Proper cooing methods 4 2 Nr0 WA 10. Properceoldmg fume & tsmpareRnes 4 ltt WO WA 11. Proper reheating procedures for hot holding 4 PROTECTION FROM CONTAMINATION I In WO WA 12. Returned and reservkre of toad --- - 2 ire 13. Food In good condition, safe and unadulterated - - 4 2 In WO NIA 14. Flood corded surfaces dean and sanitized 4 2 SUPERVISION OUT 24. Person in charge proud and performs duties 1 PERSONAL CLEANLINESS 25. Personal cleanliness and hat restraints 1 GENERAL FOOD SAFETY REQUIREMENTS 26. Approved thawing methods used, frozen food 1 27. Food separated and protected 1 VA Washing fruits end vegetabies 1 n. Toxic substances pnoperkidend8ed, stored, used 1 FOOD STORAGFJOISPLAYlSERVICE 30_ Food storage; dad storage =Wien;iderdrisd 1 31. Consumer self-service 1 32 Fool properly labeled & honestly presented 1 N!A = Not applicable OUT = Out of compliance A: 90-100% B: 60-89% C: 70-79% D: 60-69% F: < 59% FOOD FROM APPROVED SOURCES COS MAJ OUT id 15. Food obtained from approved source 4 Ii WO 44 16. Compliance a19n shell stock tags, condition, display 2 ; N10 Wit 17. Compliance with Gulf OySter Regulations 2 CONFORMANCE WITH APPROVED PROCEDURES 2 inWA 18- CompBance with varlanc$, Wigged process, and HACCP Plan CONSUMER ADVISORY In WO 6 19. Consumer advisory provided for raw or undercooked foods 2 HIGHLY SusFEPTIBI.E POPULATIONS In 4 20.licensed health cave tac Npoblic and private schools; pm/Whited foods not offered 4 WATERINO'T WATER 21. Hot and odd wafer avalt8ble 4 2 �T1 L14UaiwASTE DisPosa. 22. Sewage and wastewater property disposed 4 2 ''n VERMIN f kfP 23. No rodents, insects, birds, or animals 4 2 EQWPMENT/UTEMILSAJNENS OUT 32 Nonfood contact surfaces dean 1 34. Wareweshing fealties: Installed, maintained, used; test strips 1 3& rglaiano taonde approved, fronted; dean: good repair. wacky 1 36, Equipment utensils and linens: storage and use 1 37. Vending machines 1 38. Adequate ventilation and lighting; designated areas, use 1 30. Thermometers provided and accurate 1 40. Wiping cloths: properly used and stored 1 PHYSICAL. FACILITIES 41.Piumbig: proper bat dawdevices I 42. Garbage and refuse properly disposed; facilities maintained 1 43.7odet facilities: properly constructed, supplied, cleaned 1 44. Premises personaidearing fleas; vamdu"pro:ra g /16 Not Received by -r ' r: � r /7.',.t PERMANENT FOOD FACILITIES OUT 45. Floor, walls, ceilings: built, maintained, and dean 1 46. No unmoved private homeadiving or sleeping quarters 1 SIGNS REDU REMENTS 47. Signs posted; last inspection report available 48. Food hpndar cards 2 COMPLIANCE & ENFORCEMENT 49. Permits Available u 50. Restrobma Required 51. Plan Review 52 Vc&D 53. impoundment 54. Permit Suspension !C alirrr- c a) a) a paw q_Qf Z9 %CORGe CERTIFICATE OF LIABILITY INSURANCE DATE (MM'DDIYYYY) 8/22/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy((es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ,RODUCER ventral Utah Insurance Agency LLC PO Box 877 23 S 100 East Hoab NSURED Nesadilla Mobile PO Box 637 Moab UT 84532 UT 84532 CONTACT Gianne Fosse NAME: PHONE (435) 259-5981 FAX (435) 259-5457 INC, No, Ext): (ABC, No): E-MAIL gianne@ insure noab . coin ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC C INSURER A :Ohi0 Security Insurance Co 24082 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : BER:CL1682200507 REVISION NUMBER: vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTVVITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER (MMID POLICYXYYYYI IMM/DD/YYYY1 UMITS LTR 1NSD ?AND X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 A CLAIMS -MADE X OCCUR PREMISES (Ea occurrence) s BKS55064773 3/14/2016 3/14/2017 MED EXP (Any one person) S 15,000 PERSONAL li ADV INJURY $ 1,000,000 GEM_ AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 PRO R JECT LOC POLICY PRODUCTS - COMPIOP AGG $ 2,000,000 OTHER. Schedule Mod Factor 1 S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea acc,Cent) S ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident} S AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident( $ UMBRELLAMB OCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS -MADE AGGREGATE S DED RETENTION S S WORKERS COMPENSATION PER STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETCREPARTNERIEXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N f A (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ II yes describe ureer DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Mobile Catering Service CERTIFICATE HOLDER CANCELLATION Moab City Corporation 217 E Center St Moab, UT 84532 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Gianne Fosse/GIANNE ACOI INSO'e C 0) Q i(2014/01) ao1) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and to reeregia#ered marks of ACORD Quesadilla Mobilla Refuse/Recycling Plan Refuse: Two trash cans will be provided for customer use and all refuse collected by the Quesadilla Mobilla will be disposed of in an on -site waste receptacle provided by Monument Waste Services. Recycling: Recycling will be collected by the owners of the Quesadilla Mobilla and transported to the Moab Recycling Center as needed. ca c d c) Q Page 17 of 79 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 12/ 2016 / / / Agenda ltem #: 6-2 r 1 Title: Approval of Local Consent for a Single Event Permit for Moab Investments / Club Rio for Moab Pride Festival located at 156 N Zoo W . Fiscal Impact: All applicable fees have been paid by the applicant Staff Presenter(s): Jennie Ross, Treasurer Department: Treasurer Applicant: Moab Investments / Club Rio Background/Summary: Local Consent was approved at the August 9, 2o16 City Council Meeting with the Applicant Entity / Organization as Moab Gay Adventure Week, LLC, L3C. Since Moab Investments / Club Rio is providing the alcohol for this event, the Department of Alcoholic Beverage Control is requiring the Local Consent to reflect Club Rio as the Applicant. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of this application. Recommended Motion: Approve Attachment(s): Local Consent Form Agenda Page 18 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 Code 32B-9-201 �b Local business license authority , tiQ ] City [ ] Town [ ] County hereby grants its consent to the issuance of a temporary single event permit license to: Applicant Entity/Organization: Event Name: 06)/0 1-0-€.7)41AfLA K f L ( UFO N\cab Q Event location address: i �) ANizok b u+ sirect city state �r On the 'I �C-7.1"- ) day(s) of CJC-`QC , '1, 04 q dates _ month year during the hours of --lq 6 Q N\ , pursuant to the provision of Utah Code 32B-9. defined hour from — to We recommend this entity as conducting a civic or community enterprise* ( 1 Yes [ 1 No [ ] 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 C d a Page 19 of 79 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 12/ 2016 / Agenda. ltem #: 6-3 Title: Approval of Permits for the 2016 Moab Science Festival Fiscal Impact: Minimal Impact Staff Presenter: Amy Weiser, Community Services Director Department: Community Services Applicant: Beacon Afterschool Program, Jeremy Spaulding I Background/Summary: This request is for the 2016 Moab Science Festival to be held Saturday September 24, 2016 at Sun Court. This event will celebrate local professionals, organizations and individuals doing unique and exciting science in the Moab area. It will include hands on science experiments and demonstrations for students and families in Grand County. The applicant intends to have two licensed mobile food carts, "Quesadilla Mobilla" and "Oh My Dog!" parked at the venue to offer food for sale to those in attendance. 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 Moab Science Festival." Attachments: Special Use of City Parks 1 Agenda Page 20 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: �0-4-t vVI if SV aU 1-Cif r� Name of Organization and Event if applicable: (3 t-N[ory tif��fSCh- j ^Q� rc� vn �,..r lVtOdt�j �CIeo-i• Address: 2- `i S L(o a G %>nv a c s 3 Z Day Phone. S a ; 3 .I I - 6 .G-� Email: j Spa yr d i rc (:)%1 04, 1'I. coaln Which park to you intend to use? Swanny Park. other (please indicate name of park. St./ 0 Please indicate the proposed dates and times of use: Proposed Start Date: 7/ L ! Y- Start Time: av�a�pm End Time Z 0am/ me Proposed End Date: Start Time: ��am/pm End Time. am/pm Please specify what areas of the park are proposed for use- 4 // ° F -17 e 5 vor Coup f ra5Sibir Li51 f -117r- 0.400v(.5i-011 r01-tri � 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: I Number of spectators that you expect: 0 C r r() Please describe structures, tents, capopies, portable restrooms, etc. that you propose to set up at the park: , v Lh frvt, �i Lse Sao"e, (e�zy y 5 ) bvf- Wi.o f ok -� -evrptrcnf f -0a 014y Lona Will amplification be required for your event? Yes No � k„,e_ t'"` ll, b� v�y--- °' wil croeltQv,-e. D c�.,.s1.0r-cr if wl.1 u, Please specify any electrical needs for your event: 0 c1 1-1- i S fee- -Cy.f 2 A 51'0 t� �1 Ir I?�v ri q_ Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. j P•t r 0 EA 4✓1` it hP. -e y p 0 51\rQ k 5 a ci ) (, If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. r j-,:r5 1,41e a a eututi>- In e•axt a c Agenda PLEASE COMPLETE OTHER SIDE FWe1?)10Pg9 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 �j Please ri,escribe any security or crowd control measures you plan for use of the park: i �e1e �1 be 5h� 0. kAd "frRrr1-cd ►n -rrr5�' et; ;�v.��r 4,ai iaWc �Q per For groups over 100 people, please describe your refuse control and recycling plan: b`v-5 e7rf,a.._ , ascr t.zav, avoi <a hie �ru5i^ Please describe your clean-up plan during and after the event: Please describe your restroom facility plan: c vt ;�-s �,��'� b F_ ci tie(h., (1 y s l w, -1 ��1i fe r r c I „"k b��.,5 affes ohrs el -r Le- e ve v - , s f w+kSkri Other Information tray �5 ety ,Sv^e./9 s e � (s wr,'k . it ne S� �-rl. 5 a s ;..Q i t a S 1 � h,-441 G °S.,y1 Hk f1 Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: lin.i5.e.kre-vit will reiterate, iocat errFe55iovti((5- 0--;(3AIz-.0 OQILL (i'ko4b 5Cteke¢ ir-es r) y �' r;A1a' '01vQ15 401'"--5 u‘41 -evc- teAtt. OA WO iffiAo. Cre.a . If- tAiIl ( OW .e.Ve44f-,()+,07- awe, 514A-"!/ p, ece.) it ok ki ti‹, -c i, .sc�-e,..c¢ eyrtr„1,- 1— oic44.0g-tOvwboh ¢„� j �uar� kfis � � d � rvr � 1, t 5 � .� Please specify and describe other community or city facilities that you plan to use: G,a,fol Gobj�t)-. 1,,� wl VSt. r.e 5,Frooore y 0,), 9f-ev- t/er(/ c-vi4 i.e 4r-tT 5'1-- CgttiW, ci- gltrawctel. (/ I ln? l �l4.v,e l'�- fP sh Jf4 f Have you applied for a Special Event Permit for this use? Yes '� No Z (� aG (` �c 6,�i StY^' FAO Will you be able to provide proof of insurance, showing the City as an additional insured? Yes ✓ No I certify that the information contained in thiF application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions att-,:hed to this permit. Signature of Contact Person Date: 6 f 20 ( 4 i 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 Carmella Galley <carmella@moabcity.org> Fwd: Diagram 1 message Tif Miller <tmiller@moabcity.org> To: Array Weiser <aweiser@moabcity.org>, Carmella Galley <carmella@rnoabcity.org> Here is the diagram from Beacon for the Science Festival. They are interested in having the food trucks there still if possible. They asked about ADA accessibility so I will get the information he needs on that. Let me know if there is anything else we need to get. Thanks! ------- Forwarded message From: Jeremy Spaulding <spauldingj@grandschools.org> Date: Tue, Aug 23, 2016 at 4:14 PM Subject: Diagram To: Tif Miller <tmiller@moabcity.org> Tue, Aug 23, 2016 at 4:19 PM Hey Tif, Here is my diagram, drawn the best way I know, in MS Paint. Enjoy! Besides the groups listed, I've also thought about including Jerry Shue, the bee guy. I wanted to remind you that we're curious about accessibility... Are there ramps? Let me know! The event will take place September 24th from 11 a.m. - 2 p.m. We'll plan to do a big clean up afterwords and to set up around 9 a.m. Please let me know about food trucks and whether I can reach out to them. Due to the amount of events happening on the street they would do well to be there for the afternoon. Thanks Tif! Tif Miller Director of Parks, Recreation, and Trails City of Moab 435-355-0660 1 i•aa' i•�° Sun Court Diagram.jpg 400K Agenda Page 23 of 79 jWim e } able Quesadilla mobilla Pot dog Cart Native American _ HS Club Table 1-Canyonlands Field Institute - Local Ecology Demo Table 2 - Rob Hannawaker and Tim with Bugs and Butterflies on display Table 3/4/5 - USU Moab Partners - Engineering Firm; Crime Scene Investigation/Allied Health Table 6/7/8 - Four Corners School and Discovery Center - Navigation; Build your own wind turbine; Solar Scopes and race cars Table 9/10/11- BEACON After School Program - Robotics / Harnessing the sun with large lenses; Early childhood ecology Table 12 -Youth Garden Project - Smoothie Bike/Solar Oven Table 13 - Community Rebuilds - Natural Building Demonstration Table 14/15 - 7 • Potentially a high school group via Jim Stocks; Potentially a solar company Welcome Table - Staffed by BEACON - participants will be greeted Agenda Page 24 of 79 MOAB CITY COUNCIL MEETING September 121 2016 Agenda. ltem #: 7-1 Title: Approval of the contract with CRSA for the 2016 Downtown Plan Project 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 council approved the award of the 2016 Downtown Plan Project to CRSA Planning at their last meeting. Attached is the proposed contract for services. The contract was reviewed by attorney David Church and was approved as to form and content. City staff is available to answer any questions the Council may have about the contract. Options: 1. Approve the contract with CRSA Planning as proposed. 2. Approve the contract with CRSA Planning with changes. 3. Other, as directed by Council. Staff Recommendation: Staff recommends that the Council approve the contract with CRSA Planning as proposed. Recommended Motion: "I move to approve the contract with CRSA Planning for the Downtown Plan Project." Attachments: 1. CRSA Contract for services 1 Agenda Page 25 of 79 THE CITY OF MOAB DOWNTOWN PLAN INDEPENDENT CONTRACTOR AGREEMENT THIS INDEPENDENT CONTRACTOR AGREEMENT (this "Agreement") is entered into this day of , 2016 (the "Effective Date") by and between the CITY OF MOAB, a Utah municipality (the "City") and CRSA, a Corporation ("Independent Contractor"). The City and Independent Contractor are sometimes referred to herein individually as "Party" and collectively as "Parties." RECITALS: WHEREAS, the City has determined that it is in the best interest of the City and its citizens to prepare and adopt a downtown plan; and WHEREAS, Independent Contractor is an architecture, planning, interior design and landscape architecture firm that specializes in providing services in higher education, government, religious, historic, and planning projects with a focus on urban design; and WHEREAS, the City and Independent Contractor desire to enter into an agreement for Independent Contractor to provide services to the City in connection with preparing and adopting the City's downtown plan (the "Downtown Plan"); and WHEREAS, the City and Independent Contractor have determined that it is mutually advantageous to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties hereby agree as follows: AGREEMENT: 1. Engagement of Independent Contractor. The City agrees to engage Independent Contractor for the purpose of writing the City's Downtown Plan. Independent Contractor agrees to furnish all services necessary or desirable to prepare the Downtown Plan as set forth in Independent Contractor's scope of services, attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services"). In the event of any conflicts and/or inconsistencies within or among this Agreement, the Services, and applicable statutes, rules, regulations or standards, Independent Contractor shall (1) provide the better quantity or greater quality; or (2) comply with more stringent requirements or standards, or either or both (1) and (2), in accordance with the City's reasonable interpretation. 2. Fees for Services. The City shall pay to Independent Contractor a total amount of Twenty -Eight Thousand Nine Hundred Ninety -Eight Dollars ($28,988) for the Services (the "Fee"). The City shall make progress payments to the Independent Contractor for the completion Agenda Page 26 of 79 of the different phases/tasks of the Project completed by the Independent Contractor in accordance with the proposal submitted by the Independent Contractor. Independent Contractor may submit monthly invoices to the City as various phases/tasks of the Project are completed. Independent Contractor shall be responsible for the payment to any and all subcontractors or partners who participate in the completion of the Project. This fee shall be the total compensation due to the Independent Contractor. Final payment shall be made within fifteen (15) days of completion of the Project and acceptance thereof by the City. 3. Services Performed in a Professional and Reasonable Manner. Independent Contractor shall provide the Services in a professional manner in compliance with all applicable laws, ordinances, rules, regulations, and applicable standards of performance including, but not limited to, the status verify system requirements for contractors per UTAH CODE ANN. § 63 G-11- 103. Subject to the foregoing, the exact nature of how the Services are to be performed and other matters incidental to providing the Services shall remain with Independent Contractor. 4. Public Information. Independent Contractor understands and agrees that this Agreement and other documents related to the Services including, but not limited to, invoices, etc., shall be public documents as provided in UTAH CODE ANN. § 63G-2-101, et seq., 5. Confidentiality. Independent Contractor agrees (1) to hold confidential information in strict confidence; (2) to not disclose confidential information to any third -party, except upon the City's prior written consent; and (3) to use reasonable precautions and processes to prevent unauthorized access, use, or disclosure of the City's confidential information; provided, however, that Independent Contractor may disclose confidential information if and only to the extent required to do so by applicable law (in which case, Independent Contractor shall advise the City as soon as practicable and prior to disclosure, if practical, and cooperate and assist the City at the City's cost and expense, if the City seeks a protective order or other relief from such disclosure requirements). As used in this Agreement, confidential information means all information material that constitutes a private, controlled, or protected record or document, or is exempt from disclosure as referenced in UTAH CODE Alves. § 63G-2-101, et seq.,. Independent Contractor also agrees to obligate their employees and agents to the same obligations imposed on Independent Contractor as provided in this Section 5. 6. Alcohol and Drug -free Work Place. All personnel shall not be under the influence of alcohol, any drug, or combined influence of alcohol or any drug to a degree that renders the person incapable of safely providing the Services at any time during which that person is providing Services to the City. Further, all personnel shall not have sufficient alcohol in his body, blood, or on his breath that would constitute a violation of UTAH CODE ANN. § 41-6a-502 (without giving any consideration to or establishing the requirement of operating or being in physical control of a vehicle) or any measurable controlled substance in his body that would constitute a violation of UTAH CODE ANN. § 41-6a-517 (without giving any consideration to or establishing the requirement of operating or being in physical control of a vehicle) at any time during which that person is providing Services to the City. Agenda Page 27 of 79 7. Equipment and Facilities. For purposes of performing the Services, Independent Contractor shall furnish and supply at its sole cost all necessary labor, supervision, equipment, tools and supplies necessary and incident to performing the Services. 8. Indemnity. CRSA shall indemnify and hold harmless City, and its officers, employees, and assigns, from liabilities, damages, and costs, including, but not limited to, reasonable attorney's fees, relating to claims arising from damages to the extent caused by the negligence, or intentional tortious conduct of CRSA and other persons employed by CRSA in the performance of the Agreement. City shall indemnify and hold harmless CRSA, and its officers, employees, contractors and assigns, from liabilities, damages, and costs, including, but not limited to, reasonable attorney's fees, relating to damages to the extent caused by the negligence, or intentional tortious conduct of City and other persons employed by City in the performance of the Agreement. Nothing herein shall be construed as a waiver of any defenses available to City under the "Utah Governmental Immunity Act" (Utah Code Ann. § 63-30-1, et seq.) (the "Immunity Act"), nor does City waive any limits of liability provided by the Immunity Act or any other provisions of Utah law. 9. Term. This Agreement shall be effective as of the Effective Date hereof and, unless terminated earlier, shall terminate on March 31, 2017. 10. Termination. Either Party may terminate this Agreement upon thirty (30) days' prior written notice to the other Party. 11. Assignment and Delegation. Independent Contractor shall not assign or delegate the performance of its duties under this Agreement without the City's prior written approval. 12. Employment Status. a. Official Status. Independent Contractor shall have complete control and discretion over all personnel providing the Services hereunder. All such personnel shall be and shall remain employees of Independent Contractor and shall be considered to be independent contractors and shall not be considered employees or agents of the City. Independent Contractor has no authority, express or implied, to bind the City to any agreement, settlement, or liability whatsoever. b. Salary and Wages. The City shall not have any obligation or liability for the payment of any salary or other compensation to personnel providing Services hereunder. c. Employment Benefits. All personnel providing the Services hereunder are and shall remain employees of Independent Contractor. All personnel providing the Services shall have no right to any City pension, civil service, or any other City benefits pursuant to this Agreement or otherwise. Agenda Page 28 of 79 13. Insurance. Independent Contractor shall provide proof of insurance to the City as set forth below prior to providing the Services: a. Errors and Omissions coverage b. General Liability Coverage Independent Contractor shall furnish to the City certificates of insurance evidencing the insurance requirements herein prior to providing the Services. Certificates shall contain provisions that at least thirty (30) days' prior written notice shall be given to the City in the event of cancellation, reduction, or renewal of the insurance and shall name the City as an additional insured or certificate holder. 14. Notice. Any notice required or permitted to be given hereunder shall be deemed sufficient if given by a communication in writing and shall be deemed to have been received (a) upon personal delivery or actual receipt thereof, or (b) within three (3) business days after such notice is deposited in the United States Mail, postage prepaid, and certified and addressed to the Parties as set forth below: Moab City Mayor Dave Sakrison 217 E. Center Street Moab, Utah 84532 With a copy to: City of Moab Attorney's Office 217 E. Center Street Moab, Utah 84532 Independent Contractor: CRSA 649 E. South Temple Salt Lake City, Utah 84102 15. Claims and Disputes. Claims, disputes, and other issues between the Parties arising out of or related to this Agreement shall be decided by litigation in the Third Judicial District Court in and for Salt Lake County, Utah. Unless terminated pursuant to provisions hereof or otherwise agreed in writing, Independent Contractor shall continue to perform the Services during any such litigation and the City shall continue to make payments to Independent Contractor in accordance with the terms of this Agreement. 16. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Agenda Page 29 of 79 17. Patents, Copyrights, Etc. Independent Contractor shall indemnify and hold the City, its officers, agents, and employees harmless from liability of any kind or nature, including Independent Contractor's use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article, or appliance furnished or used in the performance of this Agreement. 18. Titles and Captions. All section or subsection titles or captions herein are for convenience only. Such titles and captions shall not be deemed part of this Agreement and shall in no way define, limit, augment, extend or describe the scope, content or intent of any part or parts hereof. 19. Pronouns and Plurals. Whenever the context may require, any pronoun used herein shall include the corresponding masculine, feminine, or neutral forms, and the singular form of nouns, pronouns, and verbs shall include the plurals and vice versa. 20. Applicable Law. The provisions hereof shall be governed by and construed in accordance with the laws of the State of Utah. 21. Entire Agreement and Modification of Agreement. This Agreement and Exhibits attached hereto constitute the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining thereto. No subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless reduced to writing and signed by the Parties. 22. Force Maieure. Neither Party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God, and/or war, which is beyond that Party's reasonable control. 23. Time. Time is of the essence hereof. 24. Survival. All agreements, covenants, representations, and warranties contained herein shall survive the execution of this Agreement and shall continue in full force and effect throughout the term of this Agreement. 25. Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, agreement, term, or condition. Any Party may, by notice delivered in the manner provided in this Agreement, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation, or covenant of any other Party. No waiver shall affect or alter the remainder of this Agreement, but each and every other covenant, agreement, term, and condition hereof shall continue in full force and effect with respect to any other then -existing or subsequently occurring breach. Agenda Page 30 of 79 26. Rights and Remedies. The rights and remedies of the Parties hereto shall not be mutually exclusive, and the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provisions hereof. 27. Severability. In the event that any condition, covenant, or other provision hereof is held to be invalid or void, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect any other covenant or condition herein contained. If such condition, covenant, or other provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 28. Exhibits and Recitals. The recitals set forth above and all exhibits to this Agreement are incorporated herein to the same extent as if such items were set forth herein in their entirety within the body of this Agreement. 29. Injunctive Belief. Notwithstanding anything to the contrary in this Agreement, Independent Contractor acknowledges that the unauthorized use or disclosure of confidential information would cause irreparable harm to the City. Accordingly, Independent Contractor hereby agrees that the City shall have the right to obtain an immediate injunction against any breach or threatened breach of Section 6 of this Agreement, as well as the right to pursue any and all other rights or remedies available at law or in equity for such breach. 30. Conflicts of Interest. Independent Contractor represents and certifies that it has not offered or given any gift or compensation prohibited by law to any officer or employee of the City to secure favorable treatment with respect to this Agreement. IN WITNESS WHEREOF, the City caused this Agreement to be signed by its mayor and attested by its city recorder and delivered, and Independent Contractor has caused the same to be signed and delivered. CITY OF MOAB By: Mayor David Sakrison ATTEST: By: Rachel Stenta, City Recorder Agenda Page 31 of 79 APPROVED AS TO FORM: By: City of Moab Attorney INDEPENDENT CONTRACTOR: CRSA By: Its: Agenda Page 32 of 79 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 12/ 2016 / Agenda Item #: 7-2 [Title: Approval of Change Order #1 for the 2016 Sanitary Sewer Rehabilitation Project with Lance Excavating, Inc. Fiscal Impact: $2,572.33 Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Contractor: Lance Excavating, Inc. (LEI) Background/Summary: This Change Order is required to address the additional work needed on the 2016 Sanitary Sewer Rehabilitation Project in the areas of 400 North, Mi Vida Drive, and Emma Blvd. During the course of work on the project, Lance Excavating, Inc. (LEI) discovered numerous items in the field that differed from the existing conditions shown on the design plans for the project. LEI worked with City staff to resolve these issues and to develop solutions that allowed construction to move forward with minimal time delay. The costs for the additional work and field modifications are itemized on the attached Contract Change Order #1 form and support documentation. The total cost for Change Order #1 is $2,572.33, and the total contract amount for the project will now be increased to $478,195.98. The increased total contract amount is budgeted in Fiscal Year 2017 as part of the "Sewer Line Replacements" project in the Sewer Enterprise Fund Capital Projects Budget. There are no budget adjustments required as a result of Change Order #1. Options: The Council may approve, approve with conditions, deny, or postpone the item. Staff Recommendation: Staff recommends approval of Change Order #1. 1 Agenda Page 33 of 79 Recommended Motion: "I move to approve Change Order #1 for the 2016 Sanitary Sewer Improvements project with Lance Excavating, Inc." Attachments: Contract Change Order #1 form and support documentation Agenda Page 34 of 79 DOCUMENT 009900 CONTRACT CHANGE ORDER Project: City of Moab - 2016 Sanitary Sewer Improvements Project Date: September 7, 2016 Change Order No.: 1 To: Lance Excavating, Inc. You are hereby directed to comply with the following changes from the contract plans and specifications: Item No. Description of Changes, Quantities, Units, Unit Prices, Change in Completion Schedule, etc. Decrease In Contract Price Increase In Contract Price CO #1 400 NORTH (PER ATTACHED SUMMARY) $2,572.33 Change in contract price due to this Change Order: $0.00 $2,572.33 Total Decrease $0.00 Total Increase $2,572.33 Difference between Col. 3 & 4 $0.00 $2,572.33 Net (increase) (decrease) $0.00 $2,572.33 The sum of $ 2,572.33 is hereby added to the total contract price and the total adjusted contract price to date thereby is $ 478.195.98 The time provided for completion in the contract is unchanged. This Document shall become an amendment to the contract & ail provisions of the contract will apply hereto. Requested by: Recommended: Approved by: Finest: Diana Lance, Lance Excavating, Inc. /'I Phillip M, Bwman, City Engineer P Y g --‘)-01fr Datc. q • 7 • ?.o/6 Date David L. Sakrison, Mayor fate Rachel E. Stenta, City Recorder Date Page 35 of 79 Change Order #1 2106 Sanitary Sewer Rehabilitation Project 400 North — cost $2,572.33 1. MH 234 to MH 235 — $1,382.17 Old service to school was discovered and plugged; service from MH 235 to aquatic center pool was smaller than shown on plans; pipe going west from MH 234 (downstream connection) was larger than shown on plans. a. Pipe - $92.87* b. Water plug - $89.06* c. 10" flex coupling instead of 8" - $30.38* d. Cut-off saw - $100.00 e. labor - $160.00 f. Standby (4hrs) - $810.00 g. Eccentric 8x6 reducer (minus shipping) - $89.28 h. Additional cost for 6" instead of 8" fitting - $10.58* 2. MH 136—$761.56 Existing pipe to the east intersected MH at a different elevation than shown on plans. a. Core - $632.50 b. Water plug for unused hole, MH 136 - $89.06* c. tabor - $40.00 3. MH 236 to MH 236A— $428.60 Existing pipe was deeper and smaller than shown on plans; existing pipe was not straight along alignment shown in plans. a. Potholing ($200/hr) - $200.00 b. Two -foot section - $143.58* c. Concentric reducer, 8x6 - $85.02 *Item cost includes 15� contractor murk up Contractor City Engineer Date 7vi - 9.7. 2v/ b Date Page 36 of 79 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 12/ 2016 Agenda ltem #: 7-3 Title: Approval of a Purchasing Exception to Parr, Brown, Gee & Loveless in an amount not to exceed $33,92$•38 Fiscal Impact: $33,928.38 Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Administration Applicant: n/a Background/Summary: As you may be aware, we have had several intensive issues in the last few months requiring a higher level of legal review and consulting. These items have included extensive Government Records Access Management Act (GRAMA) requests as well as personnel issues. These issues were not anticipated nor were they included in the budget process. You will see a request to increase budgeted fund in the Attorney Services expense line item in the upcoming budget opening. We utilized Parr, Brown Gee and Loveless to review and advise on these issues as they specialize in GRAMA, Employment Law and media relations. I have prepared a Request for Proposals for Employment Law Services that we are prepared to advertise next week. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of this application. Recommended Motion: Approve Attachment(s): Two redacted invoices from Parr, Brown, Gee and Loveless 1 Agenda Page 37 of 79 PARR BROWN GEE LOVELESS ATTORNEYS AT LAW Moab City Rebecca Davidson, City Manager 217 E Center St Moab, UT 84532 rstenta@moabcity.com July 31, 2016 RE: Moab City Dear Rebecca, Enclosed find our invoice for professional services rendered and costs advanced. Should you have any questions concerning the attached invoice, please do not hesitate to contact us. Sincerely Yours, Heidi E. C. Leithead Pan. i?t':7Yin ..OVVICN.5 5. A P.z.ft::Riot?i, C;orporazit:!': P—)si C3f`ice Box 1'101"' Salt L:3ko City, J-{• C4'14.. 5S4:.11'.41)r tre.(i Tax ID A A 7III C d a Page 38 of 79 PARR BROWN GEE LOVELESS ATTORNEYS AT LAW July 31, 2016 Moab City Rebecca Davidson, City Manager 217 E Center St Invoice: 830473 Moab, UT 84532 Client: 160470 rstenta@moabcity.com INVOICE SUMMARY Attomey: Heidi E. C. Leithead For professional services rendered and costs advanced RE: Moab City Matter # Matter Description Fees Costs Total 1 General 9,119.00 43.20 9,162.20 2 Employment Matters 111.00 .00 111.00 3 IA 10,298.00 152.68 10,450.68 Total 19,528.00 195.88 19,723.88 Less Courtesy Discount $-1,029.80 TOTAL THIS INVOICE $ 18,694.08 to c d a) a 1 Page 39 of 79 PARR BROWN GEE & LOVELESS Invoice: 830473 Moab City General Attorney: Heidi E. C. Leithead Re: General PROFESSIONAL SERVICES RENDERED July 31, 2016 Client: 160470 Matter: 1 Date Tkpr Description 6/02/16 HECL Tele hone conference with Rebecca Davidson re 6/03/16 HECL Telephone conference with council member re1.111MM Draft email to Rebecca Davidson 6/06/16 HECL Telephone conference with Rebecca Davidson; Review for recent comments and forward to Jeffrey Hunt 6/06/16 JJH Review and analyze 6/07/16 JJH 1441111' Conference with Heidi Leithead re �; Review 6/13/16 HECL Telephone conference with Rebecca Davidson re council meeting; Prepare various statements in preparation for council meeting 6/16/16 HECL Attorney conference with Austin Riter re Review email form Austin Riter to Rachel Stenta re 6/16/16 AJR MD Review incomin corres ondence from Heidi Leithead and Moab City re Meeting with Heidi Leithead re same and background issues and facts; Review Phone conference with Rachel Stenta re same; Draft correspondence to Rachel Stenta, Rebecca Davidson, and Danielle Guerrero re Draft correspondence to Ma or Dave Sakrison and Rebecca Davidson re Hours Amount .80 296.00 .20 74.00 .50 185.00 .50 177.50 .50 177.50 3.30 1,221.00 .40 148.00 5.00 1,425.00 6/17/16 AJR Review and edit Rachel Stenta's draft letter 1.60 456.00 6/21/16 AJR Corres ondence with Rebecca Dav'd ad a i errero re Research Conference with Heidi Leithead re 2.20 627.00 c d Q 2 Page 40 of 79 PARR BROWN GEE & LOVELESS Invoice: 830473 Moab City General July 31, 2016 Client: 160470 Matter: 1 Date Tkpr Description 6/22/16 AJR Correseondence with client re Hours Amount 2.00 570.00 6/23/16 AJR Research and draftin on 7.20 2,052.00 6/24/16 AJR R search and draftin on 6.00 1,710.00 Phone conferences with -; Correspondence with client TOTAL PROFESSIONAL SERVICES Less Courtesy Discount NET PROFESSIONAL SERVICES SUMMARY OF PROFESSIONAL SERVICES $ 9,119.00 $ .00 $ 9,119.00 Name Rate Hours Total Heidi E. C. Leithead 370.00 5.20 1,924.00 Jeffrey J Hunt 355.00 1.00 355.00 Austin J Riter 285.00 24.00 6,840.00 TOTALS 30.20 $ 9,119.00 COSTS ADVANCED Date Description Copies - B & W TOTAL COSTS ADVANCED TOTAL THIS MATTER Amount 43.20 $ 43.20 $ 9,162.20 co c a) a) a 3 Page 41 of 79 PARR BROWN GEE & LOVELESS Invoice: 830473 Moab City Employment Matters Attorney: Heidi E. C. Leithead Re: Employment Matters PROFESSIONAL SERVICES RENDERED July 31, 2016 Client: 160470 Matter: 2 Date Tkpr Description 6/29/16 HECL Tele hone conference with Dani Guerrero and Rebecca Davidson re Hours Amount .30 111.00 TOTAL PROFESSIONAL SERVICES Less Courtesy Discount NET PROFESSIONAL SERVICES SUMMARY OF PROFESSIONAL SERVICES $ 111.00 $ .00 $ 111.00 Name Rate Hours Total Heidi E. C. Leithead TOTALS 370.00 .30 111.00 .30 $ 111.00 TOTAL THIS MATTER $111.00 cc c d a) a 4 Page 42 of 79 Conference with Heidi Leithead re 6/06/16 AJR Meeting with Heidi Leithead re Research case law re PARR BROWN GEE & LOVELESS Invoice: 830473 Moab City IA Attorney: Heidi E. C. Leithead Re: IA PROFESSIONAL SERVICES RENDERED July 31, 2016 Client: 160470 Matter: 3 Date Tkpr Description 6/01/16 HECce with Chief Navarro and Lt. Ross re' Attorney conference with Austin Riter re� Hours Amount 1.10 407.00 6/01/16 AJR Conference call with Heidi Leithead. Mike Nazarre, and Steve Ross re .50 142.50 2.00 570.00 6/07/16 HECL Attome conference with Jeffrey Hunt re Analyze 2.00 740.00 Telephone conference with Rachel Stenta 1.00 285.00 6/07/16 AJR Research case law Research re 6/14/16 HECL Telephone conference with Lt. Ross re 6/14/16 AJR Research and draftin• on memorandum re Heidi Leithead re 6/21/16 HECL Attomey conference with Austin Riter re Chief Navarro and Lt. Ross re 6/22/16 HECL Revie 6/24/16 AJR 6/27/16 AJR Review Listen to Research 6/28/16 AJR Research Research Correspondence with Notes re same ; Correspondence with Heidi Leithead re ; Review and anal ; Meeting with Correa ondence with Ross relliMMINIMMIMMM 6/29/16 HECL Further review o 6/29/16 AJR Review and analyze _ _ _ __ . . ,. _ _ _ Corres ondence with Steve Ross re Draft outline of 5 .50 185.00 4.00 1,140.00 1.80 666.00 2.00 740.00 .30 85.50 7.20 2,052.00 4.00 1,140.00 1.30 481.00 4.50 1,282.50 c d a Page 43 of 79 Invoice: 830473 Moab City IA PARR BROWN GEE & LOVELESS July 31, 2016 Client: 160470 Matter: 3 Date Tkpr 6/30/16 HECL 6/30/16 AJR Description Tele hone conference with Lt. Ross and Chief Alvaro re _ Attorney conference with Austin Riter re same Corresaondence with Steve Ross re TOTAL PROFESSIONAL SERVICES Less Courtesy Discount NET PROFESSIONAL SERVICES SUMMARY OF PROFESSIONAL SERVICES Hours Amount .80 296.00 .30 85.50 $10,298.00 $-1,029.80 $ 9,268.20 Name Heidi E. C. Leithead Austin J Riter TOTALS Rate 370.00 285.00 Hours 9.50 23.80 33.30 Total 3,515.00 6,783.00 $ 10,298.00 COSTS ADVANCED Date Description 6/21/16 Thomson Reuters - West Payment Center, Online Research 6/22/16 FedEx, Delivery/Messenger, Chief Navarre and Lt. Ross Moab City Police Department d a) a TOTAL COSTS ADVANCED TOTAL THIS MATTER TOTAL THIS INVOICE 6 Page 44 of 79 Amount 127.80 24.88 $ 152.68 $ 9,420.88 $ 18,694.08 PARR BROWN GEE LOVELESS ATTORNEYS AT LAW Moab City Rebecca Davidson, City Manager 217 E Center St Moab, UT 84532 rstenta@moabcity.com August 16, 2016 RE: Moab City Dear Rebecca, Enclosed find our invoice for professional services rendered and costs advanced. Should you have any questions concerning the attached invoice, please do not hesitate to contact us. Sincerely Yours, Heidi E. C. Leithead ofessi na Corporation U147 Tax 8D - Page 45 of 79 VISA L I asc vo�[ � PARR BROWN GEE LOVELESS ATTORNEYS AT LAW August 16, 2016 Moab City Rebecca Davidson, City Manager 217 E Center St Invoice: 831100 Moab, UT 84532 Client: 160470 rstenta@moabcity.com INVOICE SUMMARY Attorney: Heidi E. C. Leithead For professional services rendered and costs advanced RE: Moab City Matter # Matter Description Fees Costs Total 1 General 2,016.50 9.90 2,026.40 2 Employment Matters 1,480.00 .00 1,480.00 3 IA 13,031.00 .00 13,031.00 Total 16,527.50 9.90 16,537.40 Less Courtesy Discount TOTAL THIS INVOICE Previous Balance TOTAL BALANCE DUE $-1,303.10 $ 15,234.30 $ 18,694.08 $ 33,928.38 Agenda Page 4d of 79 PARR BROWN GEE & LOVELESS Invoice: 831100 Moab City General Attorney: Heidi E. C. Leithead Re: General PROFESSIONAL SERVICES RENDERED August 16, 2016 Client: 160470 Matter: 1 Date Tkpr Description 7/05/16 HECL Review email re 7/05/16 AJR : - - • ■ • ■■' ■ fr. Rachel Stenta re Research ; Phone conference with Ms. Stenta re same; Review incoming correspondence from Ms. Stenta to City Council re same 7/07/16 HECL Email communications with R. Stenta re 1.00 370.00 Hours Amount .30 111.00 1.50 427.50 7/07/16 AJR Conferences with Austin Riter re same Moab Citv Council executive session conference call r .70 199.50 7/08/16 HECL Revie .50 185.00 7/13/16 HECL Tele hone conference with R. Stenta and R. Davidson re .80 296.00 7/26/16 AJR Review incoming correspondence from Chief Navarre re 1.00 285.00 Correspondence to Jamie 7/27/16 AJR Review incomin corres ondence from Rachel Stenta re - 50 142.50 ;Phone conference with Ms. Stenta re Hulce re TOTAL PROFESSIONAL SERVICES Less Courtesy Discount NET PROFESSIONAL SERVICES SUMMARY OF PROFESSIONAL SERVICES $ 2,016.50 $ .00 $ 2,016.50 Name Rate Hours Total Heidi E. C. Leithead 370.00 2.60 962.00 Austin J Riter 285.00 3.70 1,054.50 TOTALS 6.30 $ 2,016.50 Agenda 2 Page 47 of 79 PARR BROWN GEE & LOVELESS Invoice: 831100 August 16, 2016 Moab City Client: 160470 General Matter: 1 COSTS ADVANCED Date Description Amount 7/13/16 Thomson Reuters - West Payment Center, Online Research 9.90 TOTAL COSTS ADVANCED $ 9.90 TOTAL THIS MATTER $ 2,026.40 Agenda Page 48of 79 PARR BROWN GEE & LOVELESS Invoice: 831100 August 16, 2016 Moab City Client: 160470 Employment Matters Matter: 2 Attorney: Heidi E. C. Leithead Re: Employment Matters PROFESSIONAL SERVICES RENDERED Date Tkpr Description 7/14/16 HECL Telephone conference with D. Guerrero and R. Stenta re Telephone conference with Austin Riter re Revise and draft 7/26/16 HECL Telephone conference with R. Davidson re Review various emails with counsel for Attorney conference with Austin Riter re same TOTAL PROFESSIONAL SERVICES Less Courtesy Discount NET PROFESSIONAL SERVICES SUMMARY OF PROFESSIONAL SERVICES Hours Amount 2.50 925.00 1.50 555.00 $ 1,480.00 $ .00 $ 1,480.00 Name Heidi E. C. Leithead TOTALS Rate Hours Total 370.00 4.00 1,480.00 4.00 $ 1,480.00 TOTAL THIS MATTER $ 1,480.00 Agenda Page 44 of 79 PARR BROWN GEE & LOVELESS Invoice: 831100 Moab City IA Attorney: Heidi E. C. Leithead Re: IA PROFESSIONAL SERVICES RENDERED August 16, 2016 Client: 160470 Matter: 3 Date Tkpr Description 7/11/16 AJR Review documentation re Conference with el.! eit ea • re same 7/14/16 AJR Correspondence with Steve Ross and Rachel Stenta re Research and drafting on Conference with Heidi Leithead re same Hours Amount 1.00 285.00 5.00 1,425.00 7/15/16 AJR Research and drafting on 7.20 2,052.00 Correspondence with Steve Ross re same and 7/16/16 AJR Research and drafting on 9.40 2,679.00 7/17/16 AJR Research and drafting on 8.70 2,479.50 Corres ondence with Heidi Leithead re 7/18/16 HECL Review and res and to email from D. Guerrero re 1.30 481.00 Review draft Telephone conference with R. Stenta and R. Davidson re 7/18/16 AJR Draft 1.60 456.00 Conference with Heidi Leithead re same 7/21/16 HECL Telephone conference with M. Navarro re •2.80 1,036.00 Further review and editing of Attorne conference with A. Riter re same. Review email from A. Riter with 7/21/16 AJR Phone conferences with Chief Mike Navarre re 2.40 684.00 - Meeting with HECL re Revise and finalize and transmit them to Chief Navarre; Draft correspondence to Heidi Leithead and Chief Navarre 7/22/16 AJR Phone conference and corres ondence with Chief Navarre re 1.90 541.50 Phone conferences and correspondence with o osin• counsel Correspondence to Chief Navarre re same; Agenda Page 55of 79 PARR BROWN GEE & LOVELESS Invoice: 831100 Moab City IA August 16, 2016 Client: 160470 Matter: 3 Date Tkpr Description 7/26/16 AJR Correspondence to clients re Respond to correspondence from Chief Navarre re Research and prepare draft corres ondence to- ; Analyze ; Conference with Heidi Leithead and correspondence with clients re same; Correspondence to _ Review Phone incoming response to conferences with Chief Navarre and Review correspondence from Hours Amount 2.70 769.50 7/29/16 AJR Correspondence to .50 142.50 ; Phone conference with Correspondence with Chief Navarre, City Manager, and Sgt. Ross re same TOTAL PROFESSIONAL SERVICES Less Courtesy Discount NET PROFESSIONAL SERVICES SUMMARY OF PROFESSIONAL SERVICES $ 13,031.00 $-1,303.10 $ 11,727.90 Name Rate Hours Total Heidi E. C. Leithead 370.00 4.10 1,517.00 Austin J Riter 285.00 40.40 11,514.00 TOTALS 44.50 $ 13,031.00 TOTAL THIS MATTER $ 11,727.90 TOTAL THIS INVOICE $ 15,234.30 ACCOUNTS RECEIVABLE INVOICES OUTSTANDING Invoice Number Date Invoice Payments Ending Total Received Balance 830473 7/31/16 18,694.08 .00 18,694.08 Note: Invoices preceded by 9999 represent a finance charge of twelve percent (12%) per annum on any account not paid within thirty (30) days after the date of the invoice. Agenda Page 56of 79 PARR BROWN GEE & LOVELESS Invoice: 831100 Moab City IA Previous Balance Current Invoice TOTAL BALANCE DUE August 16, 2016 Client: 160470 Matter: 3 $ 18,694.08 $ 15,234.30 $ 33,928.38 Agenda Page 57of 79 CMpot,rYok- OAB , f CITY COUNCIL MEETING September 121 2016 I PL-I8-128 Agenda item # 7-4 Title: Consideration and Second Reading of Ordinance #2o16-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.oio, Home occupation permits, by Repealing the Home Inspection 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: The attached ordinance #2016-05 is an amended version of the initial ordinance viewed by city council at the meeting held on August 23, 2016. Staff has omitted the proposed changes with the exceptions of the submittal of the floor plan and the removal of the required inspection of the premises. Process: The required public hearing before the Planning Commission was held on May 12, 2016. City Council may hold a separate public hearing if they desire to do so. The 4-0 Planning Commission vote recommended that City Council adopt the ordinance removing the inspection and not allow the additional 2 employees. However, the removal of the 2 employees and other changes that were discussed at the August 23 council meeting will be addressed at a later date because staff needs some time to develop appropriate language. The intent of this ordinance is to remove the inspection and require the applicant to provide a floor plan. A red letter version of the proposed changes to the code is first of the two following versions of the ordinance. The second is a corrected version that incorporates the red letter changes. The review process is found in Moab Municipal Code 17.04, Zoning map amendments and text amendments. Options: City Council can: 1. Establish a date for a public hearing; 2. Adopt Ordinance #2016-05 as drafted; 3. Adopt Ordinance #2016-05 with changes; 4. Vote to not adopt Ordinance #2016-05 and state their reasons; 5. Table the ordinance until a later date and request additional information Agenda Page 53 of 79 Staff Recommendation: Staff's recommendation is to adopt Ordinance #2016-05. 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 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 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 August 23, 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 Agenda Page 54 of 79 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. Businesses that engage in some form of manufacturing or production shall be reviewed on a case by case basis for compatibility with adjacent 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, Agenda Page 55 of 79 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. 13. At the discretion of staff and based on upon site specific considerations, home occupations may be permitted up to two employees who are not residents of the primary dwelling. 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 shall comply with 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 who shall conduct an investigation of the apparent violation. 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. Agenda Page 56 of 79 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. 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. Agenda Page 57 of 79 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: Rachel Stenta, Recorder Corrected Version: 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 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 August 23, 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: Agenda Page 58 of 79 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. Businesses that engage in some form of manufacturing or production shall be reviewed on a case by case basis for compatibility with adjacent 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. Agenda Page 59 of 79 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. 13. At the discretion of staff and based on upon site specific considerations, home occupations may be permitted up to two employees who are not residents of the primary dwelling. 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 shall comply with 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 who shall conduct an investigation of the apparent violation. The zoning administrator 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. Agenda Page 60 of 79 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. 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. Agenda Page 61 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 62 of 79 MOAB CITY COUNCIL MEETING August 23, 2016 Agenda Item #: 7-5 Title: First Reading of Ordinance #2016-10, an Ordinance Adopting the Currently Adopted Codes and Amendments under the Utah State Rule 156-56 of the Utah Uniform Building Standards Act as the Building Code for the City of Moab Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Staff Background/Summary: PL-Ifi- The Utah Legislature has adopted consecutive editions of the International Building Code family to manage construction within the state. Adoption of the most current code versions, as well as other factors, help keep insurance costs down, maintain property values, and create higher levels of safety. It also allows contractors to apply new materials and techniques to their construction projects as new products and systems are developed and tested. The codes provide a practical method with minimal requirements for the construction of residential and nonresidential buildings to avoid endangering the life, limb, health, and welfare of the general public. The codes may also require improvements, repair, vacation, or demolition of structures that do not meet minimum standards of heating, cooling, light, or basic shelter. Ordinance #2016-10 amends MMC Section 15.04.010, and will allow the city to automatically transition to future code additions without the need to have separate ordinances for each subsequent edition. Options: Council may: 1. Approve Ordinance #2016-10 as written; 2. Table the ordinance if additional information is needed. Staff Recommendation: Staff recommends that Ordinance #2016-10 be adopted so the Moab Municipal Code Section 15.04. 010 will comply with state Code. Recommended Motion: I move to approve Ordinance #2016-10 as submitted. Attachment(s): Copy of: Ordinance #2016-10 Agenda Page 63 of 79 CITY OF MOAB ORDINANCE #2016-10 AN ORDINANCE THAT ADOPTS THE BUILDING CODES AND AMENDMENTS CURRENTLY ADOPTED BY THE STATE UNDER UTAH STATE RULE 156-56 OF THE UTAH UNIFORM BUILDING STANDARDS ACT AND AMENDS MOAB MUNICIPAL CODE SECTION 15.04.010 An ordinance of the City of Moab enacting the currently adopted codes and amendments under the Utah State Rule 156-56 of the Utah Uniform Building Standards Act regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings or structures in the incorporated limits of the City of Moab, Utah, providing for the issuance of permits, providing for penalties for the violation thereof, repealing all other ordinances and parts of the ordinances in conflict therewith. The Moab City Council does ordain as follows: Section 1. Moab Municipal Code 15.04.010, Adoption, shall be amended to read: "Certain documents, copies of which are on file and are open for inspection of the public in the office of the Building Inspector and designated as the currently adopted edition of the building codes and amendments under Utah State Rule 156-56 of the Utah Uniform Building Standards Act. The above mentioned are hereby adopted as the "building code" of the city of Moab, Utah, for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the city of Moab providing for issuance of permits and collection of fees therefor." Section 2. That the City Recorder for the City of Moab is hereby ordered and directed to cause this ordinance to be published. Section 3. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect immediately upon passage. PASSED AND ADOPTED by action of the Governing Body of the City of Moab in open session this day of , 2016. ATTEST: Rachel Stenta Dave Sakrison Moab City Recorder Mayor of Moab City Agenda Page 64 of 79 M AB AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 121 2016 Agenda item #: 7-6 Title: Parks Ordinance #2016-02 to Reflect Restrictions on Motorized Vehicles and Slacklining in Public Parks to Amend Chapter 12.20 Fiscal Impact: N/A Staff Presenter(s): Tif Miller, Parks Recreation and Trails Director; Amy Weiser, Community Services Director Department: Parks Applicant: n/a Background/Summary: The current Moab City Code regarding Public Parks does not contain wording in regards to banning motorized vehicles and slacklining in non -designated locations in our Public Parks. Our Park rules do state that these items are not allowed. Without a code that supports this rule, enforcement becomes difficult since there is currently no penalty or punishment that can be assessed. We are proposing Ordinance #2016-02 to incorporate a code revision to Chapter 12.20 of our code which references Public Parks. "Public Parks", as defined in this section means and includes city -owned parks, public squares, ball diamonds, soccer fields, path systems and other recreation areas, but not designated smoking areas specified by the city. In the attachment, to summarize our changes, it states that motorized vehicles, including e-bikes, are not allowed and slacklining that occurs in non -designated areas, specifically anchoring to trees, is not allowed. This proposed clarification as 12.20.60 of the code is intended to eliminate motorized vehicles from driving in our parks or along city trails and pathways, and to make sure that slacklining in Public Parks is only occurring at the designated locations, next to the skate park and next to the BMX along the Mill Creek Parkway. With this revision our officers will be able to enforce the rules with the updated code and penalize those who do not follow them. Agenda Page 65 of 79 Penalties for first time offenders could be up to $500 as per the current code with us proposing repeat offenders being punished with a Class B misdemeanor, as defined by Utah statute. As mentioned, these have been rules in our Public Parks already, but our hope is to be able to enforce them correctly and efficiently with code to back them up. Options: Council can approve, amend, table, or deny the proposed resolution. Staff Recommendation: Staff recommends approving the ordinance to update Chapter 12.20 in regards to Public Parks as proposed. Recommended Motion: I move to approve the ordinance to update Chapter 12.20 in regards to Public Parks. Attachment(s): Ordinance 2016-12 Strikeout Code Revision Section 12.20 Public Parks Agenda Page 66 of 79 Chapter 12.20 PUBLIC PARKS 12.20.005 Definitions. 12.20.010 Designated --Erection of signs. 12.20.020 Permit for extension --Exceptions. 12.20.030 Violation --Penalty. 12.20.040 Consumption or possession of alcoholic beverage prohibited. 12.20.050 Creation of smoke -free outdoor public places. 12.20.060 Restricted Park Uses 12.20.005 Definitions. "Mass gathering" means an outdoor assembly of one hundred or more people on city - owned property that reasonably can be expected to continue for two or more hours. "Motorized vehicle" means any motorized vehicle capable of, or designed for, travel on or immediately over land, water, paved pathways or other natural terrain. This includes motor assisted bicycles (electric, gas or diesel). "Public park" means and includes city -owned parks, public squares, ball diamonds, soccer fields, path systems and other recreation areas, but not designated smoking areas specified by the city. "Slacklining" means the act of walking or balancing along a suspended length of flat webbing fixed above the ground that is tensioned between two anchors. Slacklining is similar to slack rope walking and tightrope walking. "Smoke" or "smoking" means and includes: Possession, carrying, or holding a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling of smoke of a pipe, cigar, or cigarette or any kind, or of any other lighted smoking equipment. (Ord. No. 11-12, 4-12-11) 12.20.010 Designated --Erection of signs. A. Public parks in the city, except as otherwise provided, shall be closed at eleven p.m. daily, and shall remain closed until five a.m. of the next day. B. Appropriate signs shall be erected, giving notice of the closing hours established in this section in each public park. C. When the aforesaid signs have been erected, it shall be unlawful for any person, except a person excepted from the operation of this article to enter or remain in or upon the premises of any park during the hours of closing established in this section. (Ord. 10-81 (part), 1981: prior code § 29-1-1) Agenda Page 67 of 79 12.20.020 Permit for extension --Exceptions. A. The city council finds that justification for exceptions to park closing hours may exist in the case of activities of groups of citizens when valid reasons are established for the extension of such closing hours and responsibility for removal of litter, trash and debris and the performance of conditions can be established. The city parks department is directed to establish rules and procedures for the issuance of permits consistent with the guidelines of this chapter. B. Permits may be issued for the use of any part or all of the park, after the specified closing time and until a time specified in such permit. When any such permit has been issued, the closing time of the park specified in the permit shall be extended to the time specified. Such permit may require performance of conditions including removal of litter, trash and debris, and in such case shall entitle the applicant to be or remain in such park after the extended closing time and until such conditions are performed. C. The provisions of this article shall not apply to employees of the department, police officers, ambulance personnel, firemen, or any city, state or county officers engaged in the performance of their duties. (Ord. 10-81 (part), 1981: prior code § 29-1-2) 12.20.030 Violation --Penalty. Any person violating any provision of this chapter, whether by act of commission or act of omission, shall be guilty of an infraction, and upon conviction thereof, shall be liable to punishment by a fine of not more than five hundred dollars. Repeat offenders are punished with a Class B misdemeanor, as defined by Utah statute (Ord. 86-06 § 14, 1986: Ord. 10-81 (part), 1981: prior code § 29-1-3) 12.20.040 Consumption or possession of alcoholic beverage prohibited. It is unlawful for any person to consume beer or to have in his possession any beer or alcoholic beverage within any public park of the city. (Prior code § 17-48) 12.20.050 Creation of smoke -free outdoor public places. Smoking is hereby prohibited in public parks and within fifty feet of mass gatherings. A. Exceptions: 1. This regulation does not apply to smoking areas for employees. Designated employee smoking areas are subject to the Utah Indoor Clean Air Act 26-38-1-9. 2. No smoking signs shall be clearly posted in every outdoor public place. Agenda Page 68 of 79 3. Signs shall include the international "No Smoking" symbol. (Ord. No. 11-12, 4-12-11) ,12.20.060 Restricted Park Uses. The following uses shall be restricted as follows: 1. Motorized vehicles, as defined in this section, shall be prohibited in all public --- parks. Unless the motorized vehicles are involved in a car show approved by Council. 2. Slacklining, as defined in this section, shall only be permitted in the following designated areas: a. Swanny Park - next to skate park on designated posts only (not to use trees as anchors) b. Mill Creek Parkway next to the BMX park on designated posts only (not to use trees as anchors) Formatted: Font: Bold Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Formatted: List Paragraph, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.5" + Indent at: 1.75" l Formatted: Font: (Default) Times New Roman, 12 pt l Formatted: List Paragraph, Indent: Left: 1.75" Formatted: List Paragraph, Indent: Left: 1.75", No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Agenda Page 69 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 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. "City Manager" means the person appointed as City Manager, as defined under MMC Chapter 2.10. B. "Debarment" means a classification under this Chapter by which a person is precluded, in whole or in part, from bidding or being selected for the award of a contract with the City of Moab. C. "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. D. "Essential Public Works" mean the City culinary water system, wastewater treatment system, storm -water conveyance system, flood control system, or streets and sidewalks. E. "Interest" means a pecuniary, monetary, or material benefit accruing to a City official or employee 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: 1. a spouse, sibling, child (regardless of age), or parent; 2. a household member, which is defined to be an unrelated adult living with the official or employee in the same domicile; 3. a business entity in which the official or employee is a partner, officer, director, member, manager, or employee; or Agenda Page 70 of 79 4. a business entity in which the official or employee holds legal or beneficial ownership in excess of ten percent (10%) of the total stock or total beneficial ownership. F. "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 G. "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. H. "Official" means the Mayor, the members of the City Council, and the appointed members of all other City boards and commissions. I. "Procurement" means the process of contracting for construction, goods, services, equipment, or personal property by the City pursuant to established purchasing procedures. J. "Purchasing Agent" means the person tasked with administering this Chapter, as specified from time to time by the City Manager. K. "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 Agenda Page 71 of 79 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 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; Agenda Page 72 of 79 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 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 Agenda Page 73 of 79 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 estate; employment contracts; contract change orders; intergovernmental agreements; grant or similar agreements where the City serves as a funding conduit to a third party; non -employee 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. Agenda Page 74 of 79 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. 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. Except as otherwise provided in Sections 180 and 190 (pertaining to contractor debarment), 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 whole or in part, 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 Agenda Page 75 of 79 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. 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. 2.28.170 Sales Tax Exemption. In all contracts awarded under this Chapter the contractor shall provide to the City proof that all goods, services, materials, equipment, or fixtures which are purchased under the contract are subject to the sales tax exemption possessed by the City, as a governmental entity. No contract awarded under this Chapter shall include any purported mark up or other charge for sales tax. 2.28.180 Debarment Procedures. No person who has been debarred by the City shall be eligible to bid or enter into any contracts with the City during the period of debarment. A. Grounds for Debarment. Causes for debarment include: 1. conviction under state or federal law of the offense of embezzlement, theft, forgery, bribery, or any similar offense indicating dishonesty; 2. failure without good cause to perform any contract with the City of Moab, including any warranty provisions; 3. failure to perform any bid or proposal made to the City of Moab; 4. engaging in any acts which are a violation of this Chapter; 5. unlawful acts (including, but not limited to, lack of proper licensure), dishonesty, or incompetence in the performance of any contract with the City of Moab; or 6. any other cause which the City determines to be so serious or compelling as to affect the responsibility of the contractor, including debarment or criminal proceedings involving another governmental entity. B. Notice. Before entering any debarment decision, the Purchasing Agent shall deliver written notice to the person who may be subject to debarment. The notice shall be delivered to the last known address of the person by in -person delivery, courier, certified mail, or first class mail. The notice shall disclose the facts or events giving rise to a debarment determination in reasonable detail, and shall advise the recipient that he/she may request a hearing by delivering written notice to the City no later than thirty (30) days from the date of the debarment notice. Agenda Page 76 of 79 C. Hearing Procedures. A debarment hearing shall be conducted informally before the City Manager. The rules of evidence shall not apply to the hearing, but both parties shall be permitted to offer testimony, exhibits, or other information in support of their positions. An audio or video recording of the hearing shall kept. The City shall maintain the record of the hearing, together with copies of all documents and evidence submitted by the parties or otherwise relied upon in reaching the decision. D. Decision. The City Manager may: i) reject debarment; ii) order debarment for a period of time of not less than thirty (30) days, nor more than three (3) years; or iii) issue a partial debarment order limiting, for example, the types of work, or total dollar amount of work, or other conditions under which a person shall be authorized to enter into contracts with the City. All decisions shall be issued promptly following the conclusion of the hearing and be in writing. The decision shall state in reasonable detail the reasons for the decision. 2.28.190 Debarment Appeals. Any person who is debarred pursuant to this Chapter may appeal that decision by filing an action in the Seventh Judicial District Court no later than thirty (30) days from the date of the decision which is subject to appeal. The City shall promptly transmit the record of the proceedings to the court. Review by the district court shall be based on the record before the City Manager. A. Standard of Review. No person shall appeal to the district court a decision by the City unless that person has exhausted his/her administrative remedies. District court review shall be limited to those matters which were actually contested before the City. The court shall: i) presume that the decision is valid; and ii) determine only whether or not the decision is arbitrary, capricious, or illegal. This ordinance shall take effect immediately upon passage. Mayor David Sakrison Date Attest: Rachel Stenta, Recorder Date Agenda Page 77 of 79 August 29, 2016 CITY OF MOAB CITY COUNCIL CITY MANAGER Re: Support at the Moab Information Center (MIC) The Moab Information Center is the anchor of the Moab downtown area. The MIC is open seven days a week with hours of operation from 8:00 a.m. to 7:00 p.m. during the season, with the restrooms remaining open until 10:00 p.m. The MIC's main job is to help our visitors with information, promote Moab and educate the visitors to all the services the area has to offer. Many visitor questions concern city and county businesses. We also have the only public downtown restrooms. We believe we offer a great service to Moab, the community and over 250,000 visitors who walk through our doors every year. The goal and focus is to enhance each visitor's appreciation of public land use, and promote Grand County/Moab visitor businesses and services. The Moab Information Center and Canyonlands Natural History Association, the managing partner, would like to submit a formal request to the City of Moab for the purpose of off -setting operation/maintenance costs. The city previously partnered with the MIC when it first opened, but have not since. We are asking that the City of Moab contribute annually to help off -set 1/4 of the labor costs to clean the MIC restrooms, share in 1/4 the cost of the restroom supplies, assume annual sewer and water costs, and contribute to additional grounds maintenance to make our visitor center a showplace for downtown Moab. The amount of this cost sharing is approximately $11,785 annually. We believe the city of Moab will reap the benefits of this many times over in the services offered to the visitors, Moab and the community. Currently Grand County, the Bureau of Land Management, and the National Park Service are each contributing $23,000 annually (2016 rate) to offset salary expenses at the MIC. Salaries and all other expenses continually increase making it difficult to not end up in the red at the end of the fiscal year, which is typically the situation. Through sales CNHA pays (numbers are representative of 2015): Rent ($27,600) CNHA portion of staffing costs ($116,748) General Building Maintenance (includes cleaning, and bathroom supplies) (18,626) Water and Sewer ($2,791) All buying, warehousing, distributing and sales of inventory; all selling expenses including POS system, fixtures and displays ($9,302) Utilities ($8,395) Office supplies, equipment maintenance, etc. ($6,500) Grounds Maintenance ($4,000) (Has increased to $8,400) Insurance ($2,200) Total personnel costs were $182,248. $65,500 was off -set by partner contributions. (2015 rate was $20,500 from each of BLM, NPS and County plus $4000.00 from US Forest Service.) Page 78 of 79 In 2015 Grand County paid: $20,500 in staff support $ 3,354 staff cost for keeping the bathrooms open after the MIC closes $ 8,000 for major improvements $ 2,107.82 for some of utilities, bathroom supplies and cleaning The county also took care of any large maintenance issues. The MIC has typically lost money in the amount of $5,000 to $6,000 each year. This is absorbed by CNHA. After 2014, CNHA sought to cut costs wherever possible in ways such as: Cutting staff to bare minimum: Makes it difficult to serve very visitor well when it's busy. Cutting landscaping hours: Grounds show the neglect very quickly Cutting hours in the off-season: Closing the MIC during certain times impacts visitors because of the inconsistency and inconvenience Installed more efficient lighting (at CNHA expense) Adjusted thermostat settings With these and other cost-cutting measures the MIC came out $11,422 in the black for 2015, and will likely stay in the black for 2016. Any money that is in excess of expenses is given out in aid to our federal agency partners as CNHA is a non-profit. The reason we need more support is that some of these cost-cutting measures cannot be sustained without cumulative effects on the MIC. We have already chosen to go back to expending more money for grounds maintenance as the lawns were looking so bad. We also want to commit to an adequate amount of staff members each day, and to keeping the MIC open full-time hours, even in the off-season. The auditorium is in need of better air circulation and equipment including having the film that is shown re -done. It is very dated. Also, we cannot assume the visitation will stay at the inflated numbers we saw this year. Some of this was due to low gas prices and the heavy marketing of the national parks for the NPS Centennial. It is also important to have the restrooms open late to encourage visitors to remain downtown, and to accommodate their needs. In looking to future improvements to the MIC operation, we are requesting the city include in its annual budget a contribution for off -setting some of the costs at the MIC. Respectfully, Roxane Bierman, Executive Director Canyonlands Natural History Association Page 79 of 79